HomeMy WebLinkAboutPlanning Comm Rpts./1996/04/24 (16)
Item: 6. A-I
Meeting Date: April 24. 1996
6. PUBLIC HEARING: PCM 95-01; SPA One
BACKGROUNDIDISCUSSION: The following issues were discussed and tcntative actions taken at the April
10, 1996 Planning Commission hearing:
ISSUE 6A: Should small parks under 5 acres reccive 25% - 50% credit bascd upon future City-wide small park
credit criteria?
Planning Commission Tentative Action: Approve as stated above.
ISSUE 6B: Should park credit be assigned at the time of acceptance of the neighborhood park by the City?
Planning Commission Tentative Action: Deny as stated above. Credit should be assigned at the time of completion
of the park, prior to the maintenance period.
ISSUE 6C: Should the first community park and the first high school be adjaccnt to each other for joint use?
Planning Commission Tentative Action: Approve this conccpt since it is consistent with the GDP.
ISSUE 6D: Should vehicular access to EastLake Parkway be eliminated')
Planning Commission Tcntative Action: Approve; but construct cart, bicycle and pedcstrian access and only
dcdicate vchicular acccss.
ISSUE 6E: Should additional access bc provided to the singlc-family neighborhoods north of Palomar Street in
Village One')
Planning Commission Tentative Action: Deny as stated above. Pedestrian, cart and bicycle access should be
maintained. with the potential for future vehicular access between Neighborhoods R-8 and R-9, if needed.
ISSUE 6F: Should driveway access be provided to the EastLake triangular officc property on Telegraph Canyon
Road?
Planning Commission Tcntative Action: This item shall be decided upon at the tentative map stage.
ISSUE 6G: Should a third access point to Village One be provided from Orangc Avenue?
Planning Commission Tentative Action: Approve as stated above.
ISSUE 6H: Docs the SPA One Plan satisfy the City-wide draft criteria for gated communities')
Planning Commission Tentative Action: Deny the gated community proposal as presented
ISSUE 61: Should the Village Dcsign Plan be modified?
Planning Commission Tentative Action: Approve the errata sheets as presented
STAFF RECOMMENDATION: Approve Items 6A -61 as stated abovc
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Item: 6.11
Meeting Date: April 24, 1996
6. PUBLIC HEARING: PCM 95-01; SPA One
ISSUE: Should the Joint Exercise of Powers Agreement (JEPA) establishing the City and County as the Preserve
0\\11er/Manager (POM) be adopted')
BACKGROUND/DISCUSSION: The Otay Ranch General Development Plan (GDP) rcquires that portions of
the Phase 2 Resource Management Plan be jointly approved by San Diego County and the City of Chula Vista
Prior to approval of the first SPA, the GDP requires the identification of a POM. At its March 6, 1996 mecting, thc
County Board of Supervisors approvcd the County and the City of Chula Vista to act as the Presef\C
Owner/Manager for a period of fivc ycars. At that meeting, they also approved an accompanying Joint Exercisc of
Powcrs Agreement (JEPA). At thc cnd ofthc five-ycar pcriod, thc managcment ofthc POM will be rc-cvaluatcd.
APPLICANT'S PROPOSAL: The applicant is in support of thc JEPA. which cstablishcs that thc City and
County wil! act as the POM for a pcriod of five ycars.
OTHER POSITIONS: Thc Chula Vista Rcsource Conscrvation Commission (RCC) has cxprcsscd a desire that a
third party, independent of the City and County, be identificd within thc ncxt thrcc ycars to act as the POM
STAFF RECOMMENDATION: Approvc thc JEPA which dcsignatcs the City and County and their respective
rcsponsibilities to act as the POM for a period of five years.
AL TERNA TlVES: Approve the JEPA and any independent party for some alternate period oftimc.
RELA TED ISSUES: See Item 6.1.2 (In lieu fee process), 6.1.3 (Timing of conveyance), 6.1.4 (Methodology) and
6.1.5 (Maintenance).
A TT ACHMENT: Joint Exercise of Povvcrs Agreement
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ATIACHMENT A
JOINT POWERS AGREEMENT
BETWEEN THE
CITY OF CHULA VISTA
AND THE COUNTY OF SAN DIEGO
FOR THE PLANNING,
OPERATION AND MAINTENANCE
OF THE
OTAY RANCH OPEN SPACE PRESERVE
THIS {l.GREEMENT is made and entered into as of the &,-!-)/
day of ^'~ fllc/of , 1996 between the city of Chula Vis1:.a and
the County of San Diego, political subdivisions of the State of
California, hereinafter referred to collectively as Public
Agencies.
WHEREAS, on October 28, 1993, the Chula vista city council
and the San Diego County Board of supervisors jointly approved
the otay Ranch General Development Plan, (General Development
Plan/Subregional Plan ("GDP/SRP"), which sets forth a plan for
the development of housing, commercial, recreational and open
space within the jurisdiction of the Public Agencies; and
WHEREAS, the GDP/SRP delineates an approximately 11,375 acre
area as the otay Ranch Open Space Preserve, shown on Exhibit A
attached hereto and incorporated herein by reference; and
WHEREAS, the GDP/SRP provides that prior to the approval of
the first city of Chula vista Sectional Planning Area or county
Specific Plan Area, ("SPA/Specific Plan") a Preserve
Owner /Manager ("POM") for the otay Ranch Open Space Preserve must
be selected and retained; and
WHEREAS, the POM will be responsible for management of
resources, restoration of habitat and enforcement of open space
restrictions for the otay Ranch Open Space Preserve once the
Preserve is formally established and title to the land conveyed;
and
WHEREAS, the Public Agencies, each of which are empowered by
law to acquire land for park and open space purposes desire to
enter into this Joint powers Agreement to plan, design and
operate the otay Ranch Open Space Preserve in order to qualify as
a POM and to satisfy the conditions of the GDP/SRP.
NOW, THEREFORE, the Public Agencies, in consideration of the
mutual benefits, promises and agreements set forth herein, agree
as follows:
SECTION 1.
purpose.
This Agreement is made pursuant to the provisions of Article
ooaor~5 JM~ 240':
1, Chapter 5, Division 7, Title 1 of the Government Code of the
state of California commencing with section 6500, relating to
joint powers common to public agencies. The Public Agencies
possess the powers referred to in the above recitals. The
purpose of this Agreement is to exercise such powers jointly by
coordinating the planning, design and operation of the Otay Ranch
Open Space Preserve.
SECTION 2.
Term.
This Agreement shall become effective as of the date first
written above and will continue in full force and effect for 30
years from the effective date or until terminated as indicated in
SECTION 9. Aqencv Withdrawal or SECTION 10. Termination. The
parties will review this Agreement every five (5) years. This
Agreement may be extended for an additional 30 years by the
written consent of the parties.
SECTION 3.
Description.
The real property to be planned, designed and operated is
located generally within the property depicted on Exhibit A. The
property is currently in various ownerships. As tentative maps
within each SPA/Specific Plan for the Otay Ranch development
project are processed, land will be conveyed into the preserve
according to the Conveyance Plan, attached as Exhibit B hereto.
SECTION 4.
Ownership.
Title to the land which is conveyed into the Open Space
Preserve will be held jointly by the Public Agencies.
SECTION 5.
Policy committee.
A Policy Committee shall be established, consisting of two
(2) elected representatives, one each appointed by the governing
bodies of the Public Agencies. An alternate may also be
appointed by each of the Public Agencies. A quorum for the
purpose of conducting business will consist of one member from
each agency. In the absence of a quorum, a member may move to
adjourn. The Policy Committee shall at a minimum meet annually,
but may meet more often if agreed to by the members. The duties
of the Policy Committee shall be to establish policies for the
Preserve Management Team as set forth in SECTION 6 below, and to
review all operations conducted under this Joint Powers
Agreement.
SECTION 6.
Preserve Manaqement Team.
The Preserve Management Team consists of the city Manager of
the city of Chula vista and the Deputy Chief Administrative
Officer of the County of San Diego. The Preserve Management Team
shall meet as often as necessary to monitor the implementation of
the otay Ranch Open Space Preserve Resource Management Plan and
OaaO!7 JAN 24 as
to assign staff necessary to carry out the duties and
responsibilities set forth in Exhibit C hereto, "Duties and
Responsibilities of the otay Ranch Preserve owner/Manager(s)".
SECTION 7.
Preserve Owner/Manaaer Staff Committee.
The Preserve Owner/Manager Staff committee will consist of
appropriate staff members from each Public Agency to be assigned
by each agency on an as needed basis. The Preserve Owner/Manager
staff Committee will be responsible for operations of the Otay
Ranch Open Space Preserve as directed by the Policy Committee,
and its organization and functions shall be established to
conform with Exhibit 0, city of Chula vista and San Diego County
Preserve Owner Manager organization Chart, attached hereto and
incorporated herein by reference.
SECTION 8.
Administration.
Day-to-day administration of this Agreement, including
preparation of assessment districts, operational funding,
preparation of budgets, agendas, maintenance of records, minutes
and meetings and conformance to other legally required processes
pertaining to records, purchases, and administrative matters
shall be the responsibility of the County of San Diego.
SECTION 9.
Aaencv Withdrawal.
Either party may withdraw from participation in this
Agreement upon sixty (60) days notification and consent, in
writing, by the other party. Such consent shall not be
unreasonably withheld. Lack of adequate funding for the Preserve
maintenance and operation shall constitute reasonable grounds to
withhold consent. Any contributions made by the withdrawing
party toward the acquisition, development, management and
preservation of the otay Ranch Open Space Preserve shall be
retained by the remaining agency. The remaining public agency
shall continue to be responsible for administering the duties and
responsibilities of POM.
SECTION 10.
Termination.
This Joint Powers Agreement may be terminated upon the
mutual agreement of the public Agencies if a new Preserve
Manager, acceptable to both parties, has been retained to perform
the duties and responsibilities required of the POM.
SECTION 11.
Governina Law.
This Agreement shall be governed by the laws of the state of
California.
SECTION 12.
Partial Invaliditv.
If any provision of this Agreement is held to be invalid or
000018 J~N 24 %
unenforceable by a court of competent jurisdiction, the remainder
of this Agreement shall not be affected thereby and shall remain
in full force and effect.
SECTION 13.
Execution.
This Agreement may be simultaneously executed in any number
of counterparts, each of which when so executed shall be deemed
to be an original but all together shall constitute one and the
same Agreement.
SECTION 14.
Notice.
Any notices required or permitted to be given pursuant to
this Agreement may be personally delivered or sent by certified
mail, return receipt requested, to the following address:
CITY OF CHULA VISTA:
COUNTY OF SAN DIEGO:
John Goss
city Manager
City of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
Phone: (61.9) 691-5031
David Janssen
Chief Administrative Officer
County of San Diego
1.600 Pacific Coast Highway
San Diego, CA 92101
Phone: (61.9) 531-5267
SECTION 1.5.
Entire Aqreement.
This Agreement contains the entire Agreement among the
parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed and attested by their duly authorized
officers, as of the date first above written.
CITY OF CHULA VISTA:
COUNTY OF SAN DIEGO:
city Clerk
~~ J. V~J-
Clerk of the Board of supervisors
City Attorney
Aperoved and/or authorized by tr.e Bc::,ra
ot ;:)up~~sors ot the County ot San 01E<;;0
Date (. - q b Minute Oraer No b
THOMAS J PASTUSZKA -
Clerk~~~'j':'s~rs
By
legal i ty: Deputy Clerk
(l(!)ud,~ r;;<l'3~~
County Counsel
Approved as to form and
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E.xhibit "C"
Duties and Responsibilities of the Otay Ranch Preserve Owner/Manager{s)
CITY OF cHULA VISTA RESPONSffiILITIES
Education and Research
Development of educational and research facilities and interpretive programs.
Implementation and/or coordination and accommodation of- research programs.
Provision of controlled opportunities. consistent with resource protection needs.
for the public to learn about and appreciate the natural and cultural diversity of
the area including:
. its biological diversity and cultural heritage;
. the inter-relationships between sensitive species and natural habitats;
. the opportunity to observe biological and cultural resources in their natural
setting; and
. the importance of preservation of natural areas and understanding challenges
to the survival of remaining natural ecosystems.
Provide a unique and multi-faceted living laboratory for research related to:
. habitat, paleontological and cultural resource protection and management;
. experimental approaches to enhancing and restoring degraded habitats; and
. understanding species and habitat needs and conditions that adversely affect
sensitive plant and ""imal species.
Institutions such as the City of Chula Vista Nature Center and the Natural
History Museum are non-profit agencies providing such services.
Active and Passive Recreational Programs
Development of plans and programs for the location and design of active
recreational uses, overlooks -and a passive trail network within the Preserve.
Coordination with the Otay Valley Regional Park JEPA, or subsequent park
pl:m"ing entity, regarding issues associated with Otay Valley Regional Park.
Law Enforcement
Enforcement activities as necessary to control and protect the resources of the
preserve within the incorporated area of the City of Chula Vista's portion of the
"Otay Ranch Open Space Preserve". Development of a law enforcement program
that will protect the visitor from the environment, protect the environment from
the visitor and protect the visitor from other visitors. Create a uniform code of
regulations for all cooperating agencies and an annual review "by law
enforcement and resource agencies of their appropriate roles.
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SAN DIEGO COUNTY RESPONSIBILITIES
Law Enforcement
Enforcement activities as necessary to control and protect the resources of the
preserve within the unincorporated portion of the County portion of the ~Otay
Ranch Open Space Preserve". Development of a law enforcement program that
will protect the visitor from the environment, protect the environment from the
visitor and protect the visitor from other visitors. Create. a uniform code of
regulations for all cooperating agencies and an annual review by law
enforcement and resource agencies of their appropriate roles.
Maintenance Operations
Maintenance and enhancement of all resources through the prevention of further
disturbance, including controlling access to the Preserve, prohibiting off. road
traffic, enforcing "no trespassing" rules and curtailing activities that degrade
resources, such as grazing, shooting and illegal dumping. Implementation of
maintenance activities including removal of trash, litter and other debris,
maintenance of trail systems, removal and control of exotic plant species (weeds)
and control of cowbirds through trapping - efforts. Develop a plan for the
controlled burning, erosion control and replanting to enhance the natural and
scenic values of the preserve. Preparation of a grazing, crop production.
mtegrated pest, insect and disease management control or other appropriate uses
if they do not result in conditions that are adverse to eventual recreational or
agricultural uses. Development of a restrictive area plan which prohibits public
access to sensitive wetlands, vemal pools, restoration areas and sensitive wildlife
habitat. .
Resource Protection and Management
Providing large, connected natural areas with varied habitats that offer refuge,
food and shelter to multiple species of native plants and animals; protecting
scenic, paleontological and cultural resources; and providing management tools to
assure that Preserve resources are not adversely affected by urban developmenj;
located adjacent to the Preserve.
Monitoring
Ensuring no reduction in habitat values and no adverse impacts to biological
resources are included within the Preserve by the following:
. Monitoring the resources to identify changes in the quality and quantity of
sensitive resources and habitats to assure compliance with the adopted
Mitigation Monitoring Reporting Program.
. Implementation and monitoring of restoration activities, as appropriate.
. Establishing a comprehensive monitoring program for the biota of the
Preserve in conjunction with the Phase II R}.1P.
JEP....I'OM.LOOC/ij
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000024 J~H ;:40':
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. Developing and implementing an annual monitoring program designed to
identify changes in quality and quantity of on-site biological resources
including sensitive wildlife species, sensitive plant species and sensitive
habitat types.
JOINT RESPONSffilLITIES OF THE
CITY OF CHULA VISTA AND SAN DIEGO COUNTY
Maintain the management plan for preservation that facilitates effective, long-
term management of the Preserve consistent with the goals of the Phase I and II
Resource Management Plan and the .Otay Ranch Open Space Preserve".
Develop a Preserve Area Handbook which contains policies and procedures in
managing and evaluating the activities of the Preserve. The handbook should
include the purpose of the preserve, areas within the preserve including maps,
trails etc., the preserve area organizational structure, park system hierarchy,
land anmini<>tration, fInancing, resource anmini,;tration, facilities, public
relations, etc.
Develop a fIre prevention program to protect human life, prevent modification of
park ecosystem by human-caused wildfire and prevent damage to cultural
resources or physical facilities.
Coordinate with the appropriate agencies involved with the Multiple Species
Conservation Program (MSCP), or other adopted subregional habitat pJ~nT1ing
programs, 'to assure consistency with regional conservation efforts and plans.
Regional preserve management agreements may be used to ensure working
relationships are established between other open space preserves. Coordination
with local jurisdictions. resource agencies and adjacent ownerships.
Implement the Phase I and II Resource Management Plans. Review proposed
preserve boundary adjustments, iDfrastrocture plans. Comment on plans for land
uses adj acent to the Preserve and other activitie!:,lstudies. -
Formulate performance standards for the City of Chula Vista. and the County of
San Diego, in their respective areas of responsibilities, to ensure that the .Otay
Ranch Open Space Preserve" achieves the goals and objectives of the Preserve.
Page
JEP....,pClM2.~
10
f'rint..ed: 1Qf11YJ:S
OOOOZ5 J~N 249 b
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ATTACHMENT ~
Otay Ranch
Phase 2 Resource Manacement Plan
II. PrEserve Manaaemen!' Conveyance. Fundina
Preserve Land Conveyed - Forecasted by Villabe
.-\ B e D E I
I A.{B+C) I D-1.118 I
Ar.. Total LDA Common Total-(LDA .;- Conv~ya.Dc~ I
Common)
Village 1 9041 0 291 "741 :.039
Villa ge 2; 7751 0 481 7271 8641
Vii!.',e 3 3t81 0 5 3141 373
Vill.ge 4 6071 0 1:1 5941 7051
Village 6 4931 0 26 4671 5551
Village 6 3651 0 231 3421 4071
Village 7 -'12 0 941 3181 3~~1
Villag-e B 343 0 t91 3241 3851
ViIla~e 9 364 0 20 3441 4091
Village 10 334 0 68 2661 3161
Village 11 455 0 70 3851 4581
PA 12 EUe 439 0 49 391 4641
Vi'Ltge 13 (Resort) 783 0 14 770 914
Vi~uqre 14 (Proctor VAlley) 829 0 21 808 9601
Village l6 (San y.idro We.') 8001 0 13 787 934
Village t6 (JamuJ) t.1I7 370 2 744 8841
Village 17 (San Y.idro East) 1.611 795 2 8151 968
Planning Area IS. 218 0 0 2161 256
PlanL.lng Area lab 70 0 0 701 83
Planning Area 19 20 0 0 201 :!~
SR t25 182 0 1821 0 0
Public 20 0 201 0 0
Arterials 69 0 69 0 0
TOTALS 11.624 1,165 786 9.(-" 11.374
000029 JM124%
COUNTY OF SAN DIEGO
BOARD OF SUPERVISORS
WEDNESDAY, MARCH 6, 1996
MINUTE ORDER NO.6
SU B.J ECT Otay Ranch Open Space Preserve--Owner Manager Joint Exercise of Powcrs
Agreement Between County of San Diego and City of Chula Vista. Prcscrve
Financing Plan, Open Space Conveyance Plan, and Overall Otay IUnch Dcsign
Plan
(Carryover Item from 2/21/96, Agenda No.3)
(Supv Dist: 1,2)
ISSUE/REFERENCE:
On February 21, 1996 (3), the Board of Supervisors continued the mattcr to March 6, 1996; dirccte;::
County Counsel to advise the Board prior to March 6, 1996, on the legal issucs pertaining to this
issuc, directed the Chief Administrative Officer to meet with all intcrested parties and property
owners (in the same room, at the same time) to find an acceptable conveyance plan that works; and
directed the Chief Administrative Officer to review the documents presented at the meeting,
including the document questioning the consistency of the proposed Resource Management Plan,
with the adopted General Development Plan and the original Resourcc Management Plan, and be
prepared to report at the March 6, 1996, meeting.
On January 24, 1996 (4), your Board continued this item to February 21, 1996.
Should the County enter into a Joint Exercise of Powers Agreement (JEP A) with the City of Chuia
Vista for the ownership and management of the Otay Ranch Preserve, approve the Preserve
Financing Plan, approve the Open Space Conveyance Plan, and approve the Otay Ranch Overall
Design Plan?
FISCAL IMPACT:
There will be no fiscal impact as a result of executing the JEP A for ownership and management of
the Otay Ranch Preserve. Preserve costs are the obligation of the current and future developers.and
owners of Otay Ranch properties. Performance of operations, maintenance and monitoring tasks are
the responsibility of the Preserve OwnerlManager (pOM). POM expenses will be funded by revenue
from a Habitat Maintenance Assessment District to be formed for the SPA I development and future
developments and by a direct contribution by the SPA 1 developer.
Sincc actual conveyance ofIand is not anticipated for at least three years, any current staff
participation will be provided through existing budgeted resources. Additional staffing requirements
will bc detennined as development and conveyance occurs in Otay Ranch and will be funded by
revenue from the District.
CostS associated with formation of the Habitat Maintenance Assessmcnt District are unknown at t1'.;5
timc Costs associated with fonning the District will be reimbursed from District revenue. In the
event that formation of the District is not accomplished, thc County will bear the cost associated \\i:~.
forming the District. Exact costs are unknown but are estimated at 510,000/530,000 The source 0:-
funding will be the General Fund. If the District is not formed another source of funding for the
County's management responsibility with the lEPA must be found. The Board does ha'.e the abili::-
to withdraw from the lEPA if necessary.
There will be no direct or indircct costs to the County for adoption of the Otay Ranch Overall Des!:;"
Plan
RECOMMENDA nON
CHIEF ADMINISTRATIVE OFFICER:
I. Find that there are no changes in the project or in the circumstances under which illS undenakc"
which involve significant new environmental impacts which were not considered in the prcviousl\'
certified Environmental Impact Report (EIR), dated December 1992, and that no new inform:n!cr.
of substantial importance has become available sincc said EIR was prepared; and review and
reconsider the information contained therein.
2. Approve and authorize the Clerk of the Board of Supervisors to executc the lEPA betwecn the
County of San Diego and the City of Chula Vista for the ownership and management of the Ot2.1
Ranch Preserve (Attachment A of the January 24, 1996 Report, attached as Exhibit 1).
3. Select and appoint one member and an alternate from the Board of Supervisors to serve on the
lEP A Policy Committee.
4 Authorize the Director of Parks and Recreation to serve as Administrator to the JEPA.
5. Approve the Otay Ranch Preserve Financing Plan and direct the Chief Administrative Officer to
take all required actions pursuant to Fish and Game Code Chapter II, Section 2900 et seq.,
Habitat Maintenance Districts, to establish a Habitat Maintenance Assessment District pursuant to
Government Code Sections 50060 - 50070 for the purpose of financing the maintenance of the .
Otay Ranch Preserve.
6. Approve the Conveyance Open Space Plan (as amended by Exhibit 2) for the Otay Ranch Open
Space Preserve.
7. Approve the March 14, 1995 Otay Ranch Overall Design Plan (Attachment D of the January 24,
1996 report attached as Exhibit 1).
8. Direct staff to continue to work with the City ofChula Vista and affected property owners to
refine the Conveyance Plan and Preserve Financing Plan to reflect change in ownership and other
factors.
ACTION:
Commending and thanking the various panies for their involvement and panicipation in this
proposal, ON MOTION of Supervisor Cox, seconded by Supervisor Robens, the Board of
Supervisors took action as recommended, appointing Supervisor Cox as member and Supervisor
Jacob as alternate member to represent the Board on the JEPA Policy Committee, including the use
of the developable acreage methodology for determining conveyance with the following additions
Direct the Chief Administrative Officer to work with the City ofChula Vista to investigate, and if
feasible, develop an in-lieu fee program to be included in the RMP II as an exaction alternative to
conveyance ofland.
Amend the Conveyance Plan to require the actual conveyance of open space in title free and clear of
all encumbrances to the Preserve Owner Manager (pOM) as a condition of the first and each
subsequent final map.
Said Final Map shall also be subject to a condition that the subdivider shall execute a maintenance
agreement with POM to the satisfaction of the jurisdiction approving the subdivision map, stating
that is the legal and financial responsibility for the subdivider to maintain the conveyance parcel in its
current and natural state until an agreed upon point, at which time there will be sufficient revenue
from the Habitat Maintenance Assessment District for the POM to maintain conveyance lands.
The actual amount of conveyed land for each final map shall equal the amount necessary to mitigate
the entitlement received in the final map, consistent with the conveyance methodology as
recommended to the Conveyance Plan.
Approve the Conveyance Plan solely for the processing and conveyance of preserve lands associated
with SPA I; no other village or SPA can be approved until the Conveyance Plan is amended by the
County of San Diego and City ofChula Vista to provide criteria for assuring that the conveyed ope:1
space shall be in contiguous, biologically viable, and economically feasible (for management
purposes) configurations; and directed the Chief Administrative Officer to comeback with
amendments to the Conveyance Plan that address the issues raised by the Board members.
A 'y'ES. Cox, Jacob, Slater, Roberts, Horn
State of California)
CDunty of San Diego)ss
I hereby certify that the foregoing is a full, true and correct copy of the Original entered in the
Minutcs of the Board of Supervisors
ARLI1'.'E S HUL TSCH
Assistant Clerk ofthc Board of Supervisors
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Item: 6.1 .2
Meeting Date: April 24. 1996
6. PUBLIC HEARING: PCM 95-01; SPA One
ISSUE: Should an in lieu fee process be addcd to the Phase 2 Resource Management Plan?
BACKGROUND: The Otay Ranch General Development Plan requires that the Phase 2 Resource Management
Plan (RMP) be jointly approved by San Diego County and the City of Chula Vista. Prior to approval of the first
SPA, the County must specifically approve the Conveyance Plan, thc Preserve Omler/Manager selection and the
Preserve Financing Plan.
DISCUSSION: The need for an in-lieu fee as an alternative to a land-based conveyance plan was discussed at the
March 5, 1996 Board of Supervisors meeting. It was noted that the majority of property O\mers had adequate
mitigation land to convey to the preserve, while others did not. The lack of conveyance land could place an unduc
burden upon any property owner and/or any future owners in a similar situation. While the actual amount of the in-
lieu fee has not yet been detennined, the language providing for establislmlent of the fee has been added to the
Phase 2 RMP as noted on the attached errata sheet. The County Board of Supervisors modified the Phase 2 RMP
on Mareh 5, 1996 by adding language which would establish an in-lieu fee as an altemative to a land-based
conveyance program
In addition to this concern, the Planning Conunission, at their hearing of March 27, 1996, requested that language
be added to the Phase 2 RMP which would require an agreement between the City and the applicant allowing the
Preserve Omler/Manager to purchase mitigation land at an amount cqual to the in-lieu fee established.
Staff is continuing to conduct research on the specific requirements ofthe fee.
APPLICANT'S PROPOSAL: Thc applicant is in support of establishing an in-lieu fee process.
OTHER POSITIONS: Wcst Coast Land Fund is in support of establishing an in-lieu fee process.
STAFF RECOMMENDATION: Approve the concept of an in-lieu fee. The errata sheet for the Phase 2 will be
brought before the Commission on May L 1996.
RELATED ISSUES: Sec Itcms 6.]] (JEPA), 6.1.3 (Timing of convevance), 6.1.4 (Methodology) and 6.1.5
(Maintenance).
pc424j2.doc
Page I
Item: 6.1.3
Meeting Date: April 24. 1996
6. PUBLIC HEARING: PCM 95-01; SPA One
ISSUE: Should land be conveyed to the Preserve Owner/Manager (POM) at the final map stage?
BACKGROUND/DISCUSSION: Thc Otay Ranch General Development Plan requires that portions of the Phase
2 Resource Management Plan (RMP) be jointly approved by San Diego County and the City of Chula Vista. Prior
to approval of the first SPA, the County must specifically approve the Conveyance Plan.
At its March 6, 1996 meeting, the County Board of Supervisors specifically discussed the issue of the actual timing
of the land to be conveyed. It was noted that the Phase I RMP proposed conveyance at the final map stage, while
the proposed Phase 2 RMP recommendcd that "50% of a villages' obligation to convey land occurs when the
village is 50% devcloped; the rcmaining 50% of the land is conveyed upon 90% complction of the village."
Development, in this instance, has been defined as recordation of the final map. There was also a concern as to the
interpretation of this requirement and thc ability to ensure that the land would be conveyed free and clear of all
encumbrances. The Board of Supervisors modified the Phase 2 RMP to requirc conveyance of opCn space in fee
title, free and clear of all encumbrances, to the POM at recordation ofthe first and each subsequent final map.
APPLICANT'S PROPOSAL: The applicant is not opposed to conveyance at final map.
OTHER POSITIONS: Greg Smith has indicated that conveyance of open space should not be tied to village
development but to order of development. The priority of conveyance is established in the Phase I RMP and GDP
as Salt Crcek, thc Otay Mesa vernal pools and the Otay River Valley. Mr. Smith believes the conveyance of these
areas should be required by the Phase 2 RMP as the Otay Ranch develops regardless of which villagc is developing.
STAFF RECOMMENDATION: Amend the Phase 2 RMP to require conveyance of land at the final map and
require conveyance priority of Salt Creek, the vernal pools and the Otay River Valley.
AL TERNA TIVES: Do not amend the Phase 2 RMP.
RELATED ISSUES: See Item 6.1.1 (JEPA), 6.1.2 (In-lieu fee process), 6.1.4 (Methodology) and 6.1.5
(Maintenance).
PC424J3.DOC
Item: 6.1.4
Meeting Date: Avril 24. 1996
6. PUBLIC HEARING: PCM 95-01; SPA One
ISSUE: Should the methodology for calculating the amount of land conveyed to the Otay Ranch Open
Space Preserve be based on developable acreage?
BACKGROUND/DISCUSSION: The mcthodology for determining the amount of land to be convcyed
to thc Preservc Owncr/Manager was discussed at the March 6, 1996 Board of Supervisor's meeting. Staff
has analyzed alternative conveyance methods based on dwelling units under thc City's GDP and thc
County's SRP; equivalent dwelling units under both plans; and sensitive habitat. Each alternative has its
own advantages and disadvantages and effects each villagc and property owner differently. Staff belicves
thc most equitablc mcthod for requiring conveyanCC is based on developable acreagc because this method
distributes thc conveyance requirement evenly throughout the Otay Ranch. At their March 6, 1996 meeting,
thc County Board of Supervisors selccted dcvelopable acrcs as the conveyance method.
APPLICANT'S PROPOSAL: The project applicant proposes that preservc land be convcyed bascd on
devclopable acres as indicated in the Phase 2 Resourcc management Plan.
OTHER POSITIONS: Greg Smith has proposed the conveyance be based on dwclling units. Wcst Coast
Land Fund has indicated that, if they take ownership of their portion of the Otay Ranch, thcy do not havc
conveyancc land. Staff has proposed an in-licu fee program to addrcss this issuc.
The City Attorncy's officc is concerned with the multiple property ownership and the conveyance plan.
This relationship is under rcview by their office.
STAFF RECOMMENDATION: Continue the conveyance methodology issue to May I, 1996 for further
review of the multiplc property ownership. Staff currently rccommends conveyancCS based on developable
acrCs.
AL TERNA TIVES:
1. Conveyance based on dwelling units under City GDP
2. Conveyance based on dwelling units under County SRP
3. Conveyance based on equivalent dwelling units undcr City GDP
4. Convcyance based on equivalent dwelling units undcr County SRP
5. Conveyance based on sensitive habitat
RELATED ISSUES: See Item 6.1.2 (In-Lieu Fee Program).
A TT ACHMENTS: Otay Ranch Prcservc Convcyance Alternatives Report and Table
PC424J-4.DOC
Otay Ranch
Resource Management Plan
Comparison of Conveyance Plan Alternatives
Conveyance by Dwelling Units
Two alternatives have been prepared to analyze conveyance of the open space preserve
acreage by dwelling unit. The major difference between the City General Development
Plan (GDP) and the County Subregional Plan (SRP) is the land use plan for Village Three.
The GDP designates Village Three as Industrial while the County plan indicates a
residential village.
City GDP
This alternative assigns conveyance responsibility based on residential units. No
responsibility is assigned to non-residential land uses. The villages with high number of
dwelling units, such as Villages I and 5, have a greater conveyance responsibility as does
the Eastern Urban Center due to the 2,500 units allowed in that planning area. The Resort
Site also has a high conveyance requirement due to the 2438 units associated with that
village. The industrial uses in Village 3 and Planning Areas 18-A and B are not assessed
under this alternative nor is the university in Villages 9 and 10. The rural villages with
fewer units do not have the conveyance requirement ofthe urban and transit villages under
this alternative. Village I is required to convey 1,610 acres as opposed to Village 15 with
250 acres.
County SRP
The only difference between these first two alternatives is the residential units in Village
Three under the County's plan. Under the County's SRP, 741 additional units are added
to the Plan, so the conveyance for each village is slightly less. The university and the
industrial planning areas are not assessed under this alternative.
Conveyance by Equivalent Dwelling Units
These alternatives allocate conveyance of preserve acres by equivalent dwelling units in
order to assign a conveyance responsibility to these non-residential uses. Conversion to
equivalent dwelling units allows the non-residential uses to be assigned a conveyance
responsibility under the dwelling unit alternatives. In the formation of open space
maintenance districts, the City of Chula Vista assesses non-residential land on an
equivalent dwelling unit (EDU) per acre factor. All residential units equate to I EDU. The
Community Purpose Facilities factor is 4 EDUs per acre, commercial 30 EDUs per acre
and 40 EDUs for industrial uses.
CNVYPLN3.DOC
Otay Ranch
Conveyance Plan Alternatives
City GDP by Equivalent Dwelling Units
Under this alternative, all the land uses in the City of Chula Vista's GDP have been
assigned a conveyance responsibility. The industrial uses in Village 3 and Planning Areas
18-A and B have a conveyance responsibility as does the university in Villages 9 and 10.
In addition to the residential units in the Resort Site and the Eastern Urban Center the
,
commercial uses have also been assigned EDUs for a conveyance requirement. The total
number of ED Us is substantially higher than the residential alternatives so the conveyance
responsibilities are less for the residential villages.
County SRP by Equivalent Dwelling Units
The County SRP produces fewer equivalent dwelling units due to the residential units in
Village 3 as opposed to the industrial EDUs in the City GDP. The SRP produces 913
EDUs as opposed to 7,114 EDUs in the GDP. The developer of Village 3 would convey
180 acres under the County plan and 1,267 acres under the City Plan.
Conveyance by Sensitive Lands
The Sensitive Land alternative is based on the amount of sensitive habitat contained in
each village. Under this alternative, villages with no sensitive habitat would not have a
conveyance requirement. Villages with habitat are assigned a conveyance responsibility
based on the amount of habitat in each village. In this case Villages 5, 6, 7 and 12 are not
required to convey land to the preserve because there is no sensitive habitat located in
these villages due to the agricultural operation. Villages 16 and 17 have the majority of
the conveyance requirement due to significant areas of habitat in these rural villages.
Village 14 in Proctor Valley has less of a conveyance requirement (77 4 acres) under this
alternative than under the RMP developable acres alternative at 960 acres or the City GDP
and County SRP alternatives at 830 and 804 acres, respectively.
In Lieu Fee
One of the property owners has suggested that, in cases where conveyance of land may
not be feasible, an in lieu fee may be appropriate. These acreages of the alternatives have
been applied to the per acre cost of $4,600. This is the cost per acre of comparable that
was recently purchased for the wildlife preserve. The 11,375 acre preserve would cost
$52,325,000 if purchased. Under the fee alternative, cost for RMP developable acres
conveyance would range from $1.6 million for Village 18 to $4.7 million for Village 1.
Under the City GDP alternative, conveyance cost range from $660,000 for Village 17 to
$7.4 million for Village 1. Because there are no dwelling units assigned to the industrial,
commercial and university uses, there are no costs as well. Village 3, 9, 10 and Planning
Area 18-A and B would not have any conveyance cost or fees. Cost are similar for the
County SRP alternative except for Village 3 residential uses, which would assume a $1. 3
million fee.
CNVYPLN3.DOC
Page 2
February 19. 1996
Otay Ranch
Conveyance Plan Alternatives
Conveyance by equivalent dwelling unit spreads the cost more evenly through the villages
with fees running from $243,000 in Village 17 to $8.4 million in Planning Area 12, the
EUe. Because the EUC and the Resort Site have both residential units and commercial
uses, their responsibility under the ED U alternatives is greater than the other villages at
$8.5 million and $8.2 million, respectively. Major differences between the City GDP and
County SRP EDU alternatives are in Village 3 with the City industrial cost at $5.8 million
and the County residential village at $828,000.
Preserve Conveyance Analysis by Village
Village 3
Village 3 is required to convey 373 acres under the developable acres proposal in the
Phase 2 RMP. Under the residential unit alternative, there would be no conveyance
requirement under the City's GDP and a 348 acre requirement under the SRP. The City
GDP industrial EDUs alternative requires 1,267 acres, over 10% of the preserve The
County plan by EDUs only requires 180 acres from Village 3. Because Village 3 does not
have habitat or steep slopes, conveyance requirements are minor in comparison with 114
acres under sensitive lands alternative.
Costs for conveyance by in lieu fee have a large difference in the alternatives for Village 3
due to the difference in land use between the City and County plan. Under the RMP
developable acres alternative, Village 3 would have a $1. 7 million responsibility, no cost at
all under the City GDP by residential unit alternative and a $5.8 million under the City
GDP EDU alternative.
Village 5
Village 5 is representative of the transit villages and conveyance requirements have a large
range due the number of dwelling units and lack of habitat. Under the RMP developable
acres alternative, 555 acres are required of Village 5. The City and County residential
dwelling unit alternatives are the greatest at 1,394 and 1,351 acres while the EDU
alternatives are 552 and 612, respectively. Since Village 5 does not contain any sensitive
habitat, there is no conveyance requirement under this alternative.
In lieu fee costs are similar with the City GDP and County SRP residential unit alternatives
having the greatest cost at $6.2 million The RMP and City EDU alternatives are similar at
$2.5 because there is only a 2-acre difference in the conveyance requirement. The County
EDU alternative cost is $2.8 million because the SRP does not contain as much industrial
land as the City GDP.
Village 13
The Resort Site has the least conveyance requirement of all the alternatives under the
proposed RMP developable acres at 914 acres. The other alternatives have a greater
CNVYPLN3DOC
Page 3
February 19, 1996
Otay Ranch
Conveyance Plan Alternatives
requirement due to the residential density and commercial intensity of the Resort. The City
GDP and County SRP residential alternatives require over 1, I 00 acres each due to the
density of the residential units. The equivalent dwelling unit alternatives require even more
due the commercial uses in the resort. The City GDP EDU alternative requires 1772 acres
and the County SRP EDU alternative requires 1,962 acres to be conveyed.
In lieu fee are again similar, with the smallest cost associated with RMP developable land
alternative costing $4.2 million for the entire village and County SRP EDU the greatest
costing $9 million.
Village 14
The Proctor Valley Village has the greatest conveyance responsibility under the RMP
developable lands alternative at 960 acres and the least under the City GDP EDU
alternative at 326 acres. The Sensitive Lands alternative has a lesser conveyance
requirement (77 4 acres) than the RMP alternative because of the lack of habitat in this
village. Conveyance by dwelling unit will have a lesser requirement at approximately 800
acres for the two alternatives due to the relative low density of the village. The EDU
alternatives have even less due to lack of commercial uses in this village.
The in lieu fee cost are greatest with the RMP alternative at $4.4 million as opposed to the
least under the City GDP EDU alternative at $1.5 million. It would seem that conveying
by dwelling units would place less of a burden on this village and thereby encourage the
development of the village sooner.
Village 15
Village 15 conveys the least to the preserve under the dwelling unit alternatives and the
greatest under the sensitive lands alternative. The City GDP equivalent dwelling unit
alternatives produces the least demand with only III acres as opposed to the sensitive
habitat alternative that requires 1,172 acres to be conveyed. This range is due the large
lot, low density development allowed in Village 15 and the large amount of habitat in the
village. There are only 516 dwelling units in Village 15 compared to 500 acres of
sensitive habitat.
The in lieu fee costs are highest under the RMP developable acres alternative at $4.3
million because of the large lot development allowed in this village. When the fee is based
on dwelling units the costs are $1.1 million for the City and County GDP/SRP
alternatives. When the fees are spread by EDUs, the costs drop to just over a half of a
million dollars for each alternative.
CNVYPLN3.DOC
Page 4
February 19, 1996
~c
Village 1
1
RMP I City GDP
Developable by DUs
Acres r-- Acres
1039\ 1610
Village 2
864 940
!
373~ 0'
.-
I
.-
.----
Village 3 :
-,--
~--
Village 4
258
vii",,, i-;
Village 6 407: 1081
~ge 7_ _ 37;1~ 727l
=:ge 81~385i. 706
Village_9 '. _ ~~_I--_ 0
;vmage 10 f _~. 316\ 0
Village 11,~ - 458F 846\
Village 121 464' 1211
---------r--- ,.--
,
Village 13--r-
914
1181
~Iage 14 . 960:. -
~!ll!~: .~
Village 16 -SS-;rr---
Village 17\-:~-
Village 18 ~91_
Village 1Ii= ~
Total ~
1-- -j- -
'.. -:-i~ ...
1---
830
2501
189
143:
101
113751
Otay Ranch Preserve
Conveyance Alternatives
I
County SRP
by DUs
Ac res
1560
City GDP
by EDUs
Ac res
662
o
911 451'
348 1267
250 112
1351 553
1048 428
705 310
-
684 335
0 362
0 304
820 371
1174 1847
1145 1772
804 326
242' 111
183 69
139 53
0 2037
9 4
113751 11375
County SRP Sensitive
by EDUs Lands
Acres Acres
733 739
500 273
180 114
125 614
612 0
474 0
344 0
371 68
401 114
337 80
411 68
2045 0
1962 1251
361. 774
123 1172
77 2571
58' 3208
2256 284
4 46
11375 11375
Industrial = 40EDUs/AC
Conmercial - 30 EDUs/AC
CPF - 4 EDU/AC 1
Res - 1 DU 1_ 1
:Source: City of Chula Vista Open Space Maintenance Districts
C;\Otayrnch\CNVYPLN3.XLS
4/17/96
Item: 6.J.5
Meeting Date: April 24. 1996
6. PUBLIC HEARING: PCM 95-01; SPA One
ISSUE: Should a maintenance program be established for the interim maintenance of the conveyed open
space lands?
BACKGROUND/DISCUSSION: Thc Otay Ranch General Development Plan (GDP) rcquires that the
Phasc 2 Resource Management Plan (RMP) identify a funding source for the open space habitat preserve
prior to the adoption of the first SPA. In addition, the County of San Diego must approve the funding plan
prior to the adoption of the first SPA.
As indicated in the conveyance at final map issue paper, the Board of Supervisors determined at thcir
March 6, 1996 meeting that conveyance should be requircd at final map. County staff expressed conccrns
on their ability to maintain the first 600 acres of conveyance from SPA One while the Habitat Maintenance
District (HMO) was being funded. As indicated in the Habitat Maintenance District issue paper, this
district is funded by a parcel assessment after final map recordation. In thc interim pcriod between the
convcyance of open spacc at final map and assessment of sufficient funds to maintain thc prCserve, County
staff proposed that thc project applicant maintain the open space. Under the County's approval of thc
Phase 2 RMP, the project applicant will be required to cntcr into an agreement to maintain the prcscrve
open spacc until sufficient funding has been collected by the County to maintain the habitat.
APPLICANT'S PROPOSAL: The project applicant is not opposed to the maintenancc agreement or
requircmcnt.
OTHER POSITIONS: Grcg Smith believes the HMO will not fund the cducational rcquirements of thc
Phase 1 RMP. The County and City staff have previously reported that, according to State law, the HMO
can only fund habitat maintcnance.
STAFF RECOMMENDATION: Amend the Phase 2 RMP to require a maintenance agreement rcquiring
the projcct applicant to maintain conveyed open spaCc lands until sufficicnt funding is available to thc
County of San Dicgo. Idcntify additional funding sourccs for cducational programs.
AL TERN A TlVES: Do not amend the Phase 2 RMP and leave thc maintenancc rcsponsibility with thc
Prcscrve O\\l1er Managcr at final map conveyance.
RELATED ISSUES: See Item 6.1.3 (Convcyance at final map)
A TT ACHMENTS: Nonc
PC424J.5.DOC
Item: 6.K
Meeting Date: April 24. 1996
6. PUBLIC HEARING: PCM 95-01; SPA One
ISSUE: How do you explain the apparcnt shortfall notcd in thc PFFP rcgading thcTrans DlF?
DISCUSSION: This item was bricfly discussed at the April 10, 1996 hcaring and staff is preparing a rcsponse
STAFF RECOMMENDATION: Continue this itcm to May I, 1996.
PC424KOOC
Page I
Item: 6.L
Meeting Date: April 24. 1996
6. PUBLIC HEARING: PCM 95-01; SPA One
ISSUE: Should the SPA One Plan be modificd?
BACKGROUND/DISCUSSION: Sincc thc submittal of the SPA Onc Plan, it has undcrgonc
substantial revicw by staff and several itcrations have bccn dcvcloped and rcproduccd in thc
process. This last sencs of modifications, which arc noted on thc attached errata shccts, arc
esscntially minor in naturc and scrvc to corrcct typographical and grammatical crrors in thc
document. Thcsc changcs will bc incorporatcd into thc final approvcd version of thc SPA Onc
Plan. Thc most substantive changes occur in thc scction undcr Administration which clarifics thc
two rcview proccsscs that will bc utilized to cvaluate futurc proposals.
APPLICANT'S PROPOSAL: Thc applicant has proposcd thc crrata shccts as provldcd and
wishcs to amcnd thc SPA accordingly prior to revicw and approval by thc City Council. Aftcr
revicw and approval by the City Council, thc SPA One Plan will thcn bc rcproduccd to incorporatc
all the changcs which havc bcen madc.
OTHER POSITIONS: None.
STAFF RECOMMENDA nON: Approvc thc attachcd crrata shccts and dircct thc corrcctions bc
includcd in the final approvcd documcnt.
RELATED ISSUES: Nonc.
ATTACHMENTS: SPA One Plan Errata Shccts
pc4241.doc
Page I
Sectional Planning Area One Plan Errata
(October 27,1995 Version)
Page Revision
Part One SP A One Plan
I Universal Edit The Olay Ranch, L.P. Village Development
11975 El Camino Real, Suite 200 1M
(619) 259-29003..1
1-4 1st paragraph, 1st sentence - ...SPA One Sectional Planning Area Plan, ...
3rd paragraph, 2nd sentence - These regulations establish standards for
development ill1d address ...
1-5 4th paragraph, 3rd sentence - ...streetscape and landscape design, signage
programs, and architecturaL.
1-6 1st paragraph, 4th sentence - ...Brush Management Plan, and '.Vildlife
Corridor issues.
2nd paragraph, 5th sentence - ...the Overall Design Plan, the SPA One
Land Plan, and satisfies the GDP requirements ...
1-7 4th paragraph, ...ranch-wide affordable housing plan to address the
relatioRship between the provision of affordable...
5th paragraph - The Otay Ranch GDP requires that till;. SPA One Plan
1-13 3rd paragraph. 2nd sentence - The SPA One project area contains
approximately I ,Ge+llJ2 acres of gently rolling terrain.
7th paragraph, 1st sentence - The Local Al?ency Fonnation Commission
(LAFCm took action on February 5 1996 to inc1ude mMuch of Otay
Ranch, inc1uding the SPA One project area, is tRe slibjeet oftRe City of
Chula Vista Spkere ofInfllienee TJl3date Staay. The Study reeemmended
that the OtEl)' Valley Parcel, iRc1liaiRg; tRe SP,^,- One preject area, be
indHded in the Chula Vista Sphere ofInfluence. An application to ,.aH4
eventaally annexed the SPA One proiect area. as well as other Otay
Ranch properties into the City of Chula Vista has heen submitted to
LAFCO..
1-29 I st paragraph - A Sectional Planning Area Plan must be consistent with
the Otay Ranch General Development Plan ...
1-38 1st paragraph, 4th sentence - The QDP inc1uded 9.,7 acres in Qf
neighborhood park land ...
I st paragraph, last sentence - ...reduced based on more precise grading
infonnation currently a';ai!aale.
5th paragraph, 1st sentence - Village One is located south of Telegraph
Canyon Road between the 'sestem prep eFt)' eage Paseo Ranchero and ...
IA5 3rd paragraph, 1 st sentence - Transition and separation between Villages
One and Five is accomplished through a 75 foot average buffer al9.wi:
Page Revision
arterials from the major road (La Media Road) diyiding the yillages.
1-46 Paragraph continued from previous page, last sentence - Single family
and multi family residential area:; may 8e gated, if public pedestrian
access is provided throHbbollt tbe bated community.
3rd paragraph, 2nd sentence - There are ~ l..ll.4 single family...
1-47 I st paragraph - ...defined architectural style; landscape theme,~ illill
design ...
3rd paragraph, 2nd sentence - The Otay Ranch Sectional Plannini; Area
(SPA) QM. Plan ...
I-53 I st paragraph, 1st sentence - ...planned interchange of SR-125 and
Telegraph CanyoB Road Otav Lakes Road.
I-54 1st paragraph, 4th sentence - The GDP included 6.6 acres ill of
neighborhood park ...
I-55 I st paragraph, I st sentence - Village Five is bounded on the north by
Telegraph CaR)'on ReaaiOtay Lakes Road...
I st paragraph, 5th sentence - Limited scenic values extend along
Telegrapb Can)'eB Road Otay Lakes Road ...
4th paragraph, 2nd sentence - The northern buffer is Telegraph Canyon
and Telegrapb Canyon Read Otay Lakes Road.
I-56 1st paragraph, 1st sentence - The Otay Water District property, a portion
of EastLake Greens and ...
1st paragraph, 3rd sentence - Transition and separation between Villages
One and Five is accomplished through the use of a minimum 100 1i.foot
avera~e setbacI: bJ!f'fu: from the prime arterial, La Media Road, diYiding
the villages.
3rd paragraph, 3rd sentence - The Village Five core identity is based on a
traditional plara town square design.. This .....il! be implemented ...
3rd paragraph, last sentence - SiBgle family and multi family residential
areas may be gated, if pHbli6 j3edestriaH access is provided throughout the
gated commanity.
I-57 2nd paragraph - ...transit/pedestrian orientation, il diverse ...
3rd paragraph, 3rd sentence - ... a 10.0 acre elementary school site, il
town square, two neighborhood parks...
1-68 Tasks Performed by Later SPAs-
Otay River Valley Riparian Habitat Restoration Plan Condition of
Later Approvals.
1-69 1st paragraph, 2nd sentence - ...being allowed as an interim use including
sj3eeificatieBs fer buffering techniques...
4th paragraph, 1st sentence - Land utilized for agricultural activity~...
1-70 1st paragraph - (Appendices F9. A, B, C and D).
1-73 I st paragraph - areas within 1lli< SPA One proj ect area...
1-77 6th paragraph, 2nd sentence - Otay Ranch SPA applications are required
to j3lan approximately locate light rail transit alignments m, idemify
2
Page Revision
transit station:; loeations ami resef':e Future tentative maps will be
conditioned for dedication of right-of-way for the light rail transit system.
1-78 3rd paragraph, 3rd sentence - ...and La Media will be signalized in the
future. as traffic requires.
1-81 15t paragraph, 4th sentence - The SP,^. plan is reEjuirea to identify the
light rail transit aligflffient, station loeation, ana resef'..e the right of way
for the transit line.
3rd paragraph, 1st sentence - The SPA One Land Use Plan and
Circulation Plan provide for designation the approximate location of the
right-of-way at the SP,^>.. amI~ tentative map le>.<el will be conditioned
for dedication of the ri~ht-of-way for the li~ht rail transit system. ami
reservation ef-tfle Rii,!ht-of-way will be reserved at the final map level for
the trolley station and light rail transit ...
1-82 2nd paragraph, list of roads
Telegraph Canyon Road/Otay Lakes Road
1-86 4th paragraph, 3rd sentence - ...the village core to the arterial/major road,
Within beth Villages One and Fiye, Village Entry Streets and contain the
right-of-way
1-90 I st paragraph, 4th sentence - It is intenaed that eCarts, bicycles and
automobiles !lli!j: travel within ...
4th paragraph, 2nd sentence - Village Plaza Streets are used in villages
with plaza or town square themes (Village Five). Parking is prohibited
on Village Plaza Streets immediately adjacent to the Village P-tan!
Square. It is intendea that eCarts, bicycles and automobiles mav travel
within ...
1-91 1 st paragraph, 3rd sentence - Separate pedestrian, bike and cart ...
1-95 2nd bullet - Plan should :;trive te retain the eharaeter oreBe eJ,isting
landfoffils to the eJlteflt feasi13le by f!~elat~ development to topography
and natural features. and strive to retain the character of the land forms to
the extent feasible.
1-97 5th paragraph, I st sentence - Presently pfreliminary soils and
geotechnical reports have been prepared ...
5th paragraph, 2nd sentence - More refined studies will be provided at the
tenlati'..e ffiaj'! ana final engineering stages of this project.
1-105 Add new 4th paragraph - The Otay Ranch GDP requires that applicants
prepare an Urban Run-off Plan for the first SPA within the draina~e area
of the Otay Reservoir Ot'l,v Ranch SPA One does not drain into the Otav
Reservoir drainai,!e basin thus there is no requirement for additional Otay
Reservoir urban runoffp]annin~ as a condition of this SPA.
4th paragraph, 2nd sentence - ...integrated solid waste management, arts
and cultural, eftild eare, health and medical ..,
5th paragraph. 1st sentence - FreEjllently, tIthis chapter...
5th paragraph, 2nd sentence - Speeifieally, fEinancing and phasing...
3
Page Revision
I-Ill Footnote II - ...Sphere ofInfluence EIR and related ...
Footnote 13 - This document has not been approved, but approval is
expected ...
1-112 7th paragraph, 3rd sentence - The inter!! oftIhe Otay Water District
intends is to provide ...
1-113 1st paragraph, 1st sentence - ...San Diego County Water Authority
(CW A), facilities planned by !ill: CW A and ...
1-114 3rd paragraph, 2nd sentence - ...primarily residential development, the
emphasis of the discussion is-en emphasizes urban water control devices.
1-116 1st paragraph, add to end - The Reclaimed Water Uses and Restrictions
Plan is addressed in the SAMP. the Otay Water District Reclaimed Water
Master Plan and the Otav Water District Reclaimed Water Rules and
Rermlations.
1-117 2nd paragraph, 2nd sentence - EyeRmall,', Otay Ranch may eventuallv be
required to oversize ...
3rd paragraph, 2nd sentence - ...constructed within the streets constructed
during Village One and Five development.
4th paragraph, add to last sentence - ...up to the 980 Zone to serve SPA
~.
1-126 6th paragraph, 1st sentence - ...will reduce post-development conditions~
aDevelopment ofthis basin ...
1-141 6th paragraph, 2nd sentence - ...increase generated by SPA One will
require an additional ~ n officers ...
1-142 Paragraph continued from previous page -Approximately 5,112.5 sq. ft.
of police facilities would be required to house the additional B n
officers.
1-145 Add to end of 2nd paragraph - Otav Ranch SPA One will be served bv
existing CVFD fire facilities.
1-146 1st paragraph, 1st sentence - Since the vase! majority ...
1-147 iii. Municipal Fire Insurance
(PeRaiRg) The City has determined that municipal fire insurance is not
feasible at this time.
Add to end of 1 st paragraph - Ot~v Ranch SF A One wiII be served by
existing fire and emergency service facilities.
1-150 3rd paragraph, 3rd sentence - Based on the methodology in the GDP
+lhe SPA One project area ...
1-155 4th paragraph, 2nd sentence - Prior to completing the applicantiQn, the
applicant must attend ...
1-168 3rd paragraph, 1st sentence - ...Regional Purpose Facility land use
designation.
1-177 II th bullet - Shopping centers oriented to promote use by Qf mass transit
...
1-181 I st bullet - The SPA One project consists of two transit oriented villages
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Page Revision
with a transit facility station sHe included within tHeir ~ core areas.
1-188 Footnote 28, 2nd sentence - ...shall be consistent with the policies and
programs contained in ~ revised housing element.
[-194 Add a new bullet - Consider the provision of affordable housing
opportunities.
Part Two Index of SPA Requirements
II-5 Community Gardens - Performance Villa:;e De5igR Plans ~
Recreation Open Space and Trails Plan. Appendix g !2
II-IO Transportation Phasing Plans - Performance Trame .^.Ralysis
Transportation Phasing Plan
Part Three Planned Community District Regulations
III-7 Last paragraph, 1st sentence - ...Otay Ranch SPA One Zoning District
Map (see Exhibit ~ ill:l)
III-I 6 Table III-2 - Agriculture crops, remove footnote from P (SF3) and P
(SF 4).
1II-17 Table 1II-2 - Other temporary uses as prescribed in Section.1,4 V.I
III-I 9 I st paragraph, 1 st sentence - The residential property development
standard:> have been developed ...
Footnote 8 - Second story ~ projectHm allowable wHb-2' into the
required setback.
1II-20 Change maximum square footage in table -
~ <UQQ
;,900 DQQ
~ U!2Q
1st paragraph - ...in accordance with the Chula Vista Design Manual and
the Chula Vista Municipal Code (CVMC)..
III-2I 1st paragraph - Refer to Temporary Use Section.vH D.
7th paragraph, I st sentence - ...predominately of trees, plant materials
shrubs, ground cover and ...
1II-22 2nd paragraph, 1st sentence - ...as follows in Table!!-4 III-4...
1II-33 Table, Lines 2-6 - in table under CPF column, change G-to N.
III -4 7 V.2 Unclassified Uses
B. Campgrounds: See CVMC Section 19.58.GW 040
III-48 F. Churches: See CVMC Section 19.58.GW li.Q.
H. ...See CVMC Section 19.58.WG-llQ
III -69 Table III-8, lOth line - Churches... Minimum Off-Street Parking Required
column -
...1 space/45 square feet of gross floor area within the main auditorium
where they ~ are no ...
III-72 2. All landscaped parking lot islands shall have a minimum inside
dimension of three (3) five (5) feet...
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Page Revision
III-78 A. Purpose
The purpose of~ Site Plan and Architectural Review and Design
Review approval is to review proposed projects to determine compliance
with the provisions of these regulations and the Villa~e Desi~n Plan and
to promote orderly and harmonious development with good design
character. Design review may be concurrent with site plan review at--tfle
apjJlicant's risk.
2nd paragraph
B. /.pplication Site Plan and Architectural Review Procedures
The this site plan and architectural review approval process i-s applicable
to projects .,:ithiR RMI, RM2, and C Eiistricts. In addition, all attached
residential er all)' commercial projects shall require desigR reyie'N
approval. for sin~le family detached units on lots of or exceedinf; an
avera~e size on.ooo square feet includinll' all proposals in the SF, and
SF4 zone desill'nations which have tentative subdivision map approval.
shall be a staff level review associated with the buildin~ permit process.
All proposals shall be consistent with the Planned Community District
Ref;ulations Villa~e Desilln Plan and the Chula Vista Desif;n Manual.
All staff decisions may be &ppealed to the Zoninii Administrator and all
Zonin~ Administrator decisions may be appealed to the Design Review
Committee.
3 rd pamgrapn Special c8Rsideration is giwR to areas v:ithin the vilbge
cores. These areas shall require a precise plan; refcr t8 SectioR IlL5
C. Design Review Procedure
The Design Review Approval Process procedures shall be as specified
described in Section 19 .14.4;!{)ill through Section 19.14.4&G6..Q.Q
(inclusive) of the CVMC is applicable to all proposals within RMI. IUvP
and C zone desi~nations.
D. Precise Plan
Special consideration is \fiven to areas within the village cores. Approyal
of a precise plan will be required as described in Section 19.14.570
throui:h Section 19.14.580 (inclusive) of the CVMC. Section IlL5 of
SP A One also discusses this requirement.
VIIL4. Scenic Corridor Criteria
Add
4. Walls
45.. Signs
~.6.. Utilities
1II-79 last paragraph, 2nd sentence - In the event _ cl conflicting standards ...
6
Item: 6.M-Q
Meeting Date: Avril 24. 1996
6. PUBLIC HEARING: PCM 95-01; SPA One
BACKGROUND: At the April 10, 1996 Planning Commission hearing, the following items were discussed and
tentative decisions wCre not made for the reasons indicated below.
ISSUE 6.M: Should the trigger points for parks, schools and public infrastructure improvements be established'>
DISCUSSION: The Planning Commission was in support of the trigger points established in the conditions of
approval and in the attached chart which is reflective of the conditions. The Planning Commission. however.
wished to postpone approval of thesc trigger points until all issues regarding phasing were dealt with. Therefore.
the decision regarding the adequacy of the trigger points should be continued until May 1, 1996.
ISSUE 6.N: How will the vehicular overcrossing of SR 125 be financed in the future if the City determines such
access is necessary?
DISCUSSION: Engineering staff has set up a meeting with CalTrans and will report their findings at the Ma\ l.
1996 meeting.
ISSUE 6.0: Should SPA One be phased as proposed by the applicant?
DISCUSSION: The Planning Commission did not approve the phasing as presented by the applicant Staff is
currently mceting with the applicant and other interested parties, and a revised phasing plan and alternatives will be
presented at the May I, 1996 mceting.
ISSUE 6.P: Should a condition of approval be added which addresses potential City actions if ownership of SPA
One changes?
DISCUSSION This item was addressed at the April 10, 1996 Planning Conunission meeting, and staff is in the
process of drafting condition(s) which address the potential for multiple ownerships within SPA One. The current
conditions are noted as Ld) and IX.e). Staff and the applicant are still reviewing the adequacy of these conditions
and whether or not additional conditions will need to be added.
ISSUE 6.Q: Are the SPA One conditions ofapproval adequate')
DISCUSSION: The SPA One conditions of approval were briefly prcsented at the March 27, 1996 Planning
Commission hearing. At that meeting, certain specific conditions wcre highlighted, and it was stated that therc
would be certain changes to the conditions of approval based upon the potential for multiple land O\\11ers. any EIR
responses to comments and an amendment to the gated community condition.
The conditions of approval were not presented at the April 10, 1996 hearing since they were still being modified
due to the concerns noted above. The attached draft conditions reflect those items which were discussed at the
April 10, 1996 hearing. Specifically, these modifications include: the deletion of Condition lIIb) regarding gated
communities, modification of Condition IV.e) regarding the deletion of additional vehicular access into Village One
from East Palomar Street, addition of Condition IV j) regarding the deletion of vehicular access to EastLake
Parkway, and deletion of Condition VIlA.8) and modification of Condition VILC) regarding timing of park credit.
STAFF RECOMMENDATION: Continue all items to the May I, 1996 PlalUling Commission mecting.
ATTACHMENTS: Exhibit A: Trigger Points
Exhibit B: Draft Conditions of Approval
PC424~I.Q.DOC Pag~ j
EXHIBIT A
TRIGGER POINTS
REQUIREMENT
DEADLINE
PARKS
Commcnce construction of first Nei hborhood Park
P & R Director to dctcnnine amcnities in second phasc of first Ncighborhood Park,
or ick another location for ark
Commcnce construction of first hase of Communi Park
Commcnce construction of second hase of Communi Park
Community Park rcad . for accc tancc
500 units
1,150 units
2,650 units
3,000 units
3,900 units
Deliver graded first elementary school sitc with access road & utilities to the 500 units
site, in ViHa~e One 150 students
First Elementary School opcned (ViHage One) 1,150 units
336 students
Deliver graded second elemcntary school site with acccss road & utilities to thc 2,500 units
site, in ViHage Five 750 students
Sccond Elementary School opened (ViHage Five) 3,450 units
1,000 students
Dclivcr graded third elemcntary school site with access road & utilities to the 4,500 units
sitc, west of Paseo Ranchcro 1,350 students
Third Elementary School opened (West of Paseo Ranchcro) 5,300 units
1,668 students
Dclivcr graded high school sitc with acccsS road & utilities to the site 2,650 units
504 students
High School opcned 5,300 units
1,007 students
SCHOOLS
TRAFFIC RELATED IMPROVEMENTS
Construct or guarantce the construction of offsite Telegraph 300 units
Can on Road
1-805/Telc ra h Canyon Road intcrchan c 500 units
Either: offsite 4 lanc East Palomar St. and 1/2 diamond;
Or: Oran e Ave as a 6 lane rime arterial to Paseo Ranchero 1,414 e uivalent dweHin units
Either: offsite E. Palomar St. & Orange Ave. to 4 lane majors
with 1/2 diamond at I-805/Palomar;
Or: Palomar St. to a 4 lane major & Orange Ave. to a 6 lane 4,009 equivalent dweHing units
rimc arterial to Paseo Ranchero
SEWER IMPROVEMENTS
detennined b flow meterin
u rades & some offsites with first unit
EXHIBIT B
CONDITIONS OF APPROVAL FOR OTAY RANCH SPA ONE
I. GENERAL PROVISIONS
a) All of the terms, covenants and conditions contained herein shall be binding upon and inure to
the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the
Property. For purposes of this document the term "Developer" shall also mean "Applicant".
b) If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by
their terms, to be implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to revoke or modifY
all approvals herein granted, deny, or further condition the subsequent approvals that are derived ITom
the approvals herein granted, institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation
c) Applicant shall indemnifY, protect, defend and hold the City harmless ITom and against any and all
claims, liabilities and costs, including attomey's fees, arising ITom challenges to the Environmental
Impact Report for the Project and/or any or all entitlements and approvals issued by the City in
connection with the project.
d) The Applicant acknowledges that the purpose of planned communitv zoning is to provide for the
orderly development ofland under unified ownership or control. Applicant represents to the City. that
as of the date of this approval. SPA One is held under unified control bv the Applicant. Applicant
agrees that if any portion of land within SPA One changes ownership in a manner that the Citv
determines in its sole discretion to represent a risk that the SPA One Plan will not be implemented as
approved. the Citv Council mav take action such as. including but not limited to. requirinf?: an
amendment to Village Five of the SPA One Plan and any of the accompanying documents. denving
subsequent development approvals and stopping the issuance of building permits within Village Five of
SPA One. Applicant acknowledges its understanding that irrespective of the approval of SPA One. the
applicant is required to be in compliance at all times with the Citv's ordinances. policies and
regulations.
II. ENVIRONMENTAL
a) The applicant shall implement all mitigation measures identified in EIR 95-01, the Candidate
CEQA Findings for this project (Exhibit ~ and the Mitigation Monitoring and Reporting Program
(Exhibit ~.
b) The applicant shall comply with all requirements of the Phase 2 Resource Management Plan
(RMP) as approved by City Council on
m. DESIGN
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a) The applicant shall provide a residential alley product, as such product is defined in the Village
Design Plan, within Phase Two of Village Five as shown on the SPA One phasing plan and a future
phase of Village One.
b) The City Council may approve the eonstruction of gated eommuaity pr~ect3 vfithln Villages
One and Five if the City Council nmb all of the followiRg;: a.) The eontinuity of f'ublic trails, as
indicated on the Trails Plan, '.vill be maintained, ana b) Public peaestrian, bicyele and electric eart
acce8S '.vill be maintainea v.1thin the gated f'roject, and c) The gated projeet vfill not haye an ad'/erse
effcct upon public inffastrucmre, afla d) The gatea pmject shan be reviewea in accoraance '.vith any
additional criteria adopted by the City CouflCil. The decision to approve or deny the construction of a
gated community is aiscretionary to the City Council. Any f'roposal for a gatea community pr~ect
shall be submitted for City Council consideration at the tentative map stage for that f'roject.
IV. STREET, RIGHT-OF-WAY AND IMPROVEMENTS
a) Prior to the approval of the first tentative map, the Applicant shall submit for review and
approval by the City's Transit Coordinator and Planning Director, a plan which shows the design and
construction details of the transit stops and the completion dates for such stops.
b) Residential street parkways shall be no less than six feet in width. The Applicant shall plant trees
within said parkways which have been selected ITom the list of appropriate tree species described in the
Village Design Plan and approved by the Directors of Planning, Parks and Recreation and Public
Warks. The Applicant shall provide root barriers and deep watering irrigation systems far the trees.
An irrigation system shall be provided trom each individual lot to the adjacent parkway. As a condition
of approval of the first tentative map, the Applicant shall be required to submit Improvement Plans far
the residential street parkways for review and approval by the City Engineer, Directors of Parks and
Recreation and Planning.
c) The segment of the north/south vehicular road ITom Telegraph Canyon Road to the first
residential street intersection within Village One (located between Buena Vista Way and Apache
Drive) ("Temporary Roadway") shall be open for public use only until such time as a road ITom Village
One to Orange Avenue is approved by the City Engineer to carry vehicular traffic. The Temporary
Roadway shall be designed and constructed to City standards and the Otay Ranch SPA One standards
The Applicant shall be responsible, at its sole cost and expense, for the removal and restoration of the
Temporary Roadway at the request of the City Engineer. Subsequent to removal of the roadway, said
roadway shall be regraded and reconstructed to be consistent with the streetscape of Telegraph Canyon
Road, as directed by the City Engineer The applicant shall install signs, as directed by the City
Engineer, indicating that the Temporary Roadway shall be closed once the permanent road is opened
for public use Notice shall be provided in any residential sales disclosure documents that the
Temporary Roadway will be closed to vehicular traffic when access to East Orange Avenue is
provided.
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d) Street cross sections shall conform to those standards contained in the SPA One Plan. All other
design criteria shall conform to the design standards contained in the document entitled Street Design
Standards and the Subdivision Manual both as amended by the City ITom time to time, ("City Design
Standards") Any proposed variation ITom the City Design Standards which are not addressed in the
SPA Plan shall be approved by the City and indicated on the appropriate tentative subdivision map
The following table indicates the relationship between the Otay Ranch SPA One roadway
designations (i.e, cross sections) and the approved City designations in the Circulation Element of the
General Plan for purposes of determining the appropriate design standards for all streets within SPA
One.
COMPARISON OF
OT A Y RANCH STREET CLASSIFICATIONS
TO
CITY STREET CLASSIFICATIONS
FOR DETERMINATION OF DESIGN STANDARDS TO BE UTILIZED IN
TENTATIVE MAP AND IMPROVEMENT PLAN PREPARATION
FOR OTAY RANCH USE DESIGN STANDARDS FOR CITY
CLASSIFICATION OF STREET CLASSIFICATION OF
SCENIC CORRIDOR PRIME ARTERIAL
PRIME ARTERIAL PRIME ARTERIAL
PRIMARY VILLAGE ENTRY CLASS I COLLECTOR
SECONDARY VILLAGE ENTRY CLASS II COLLECTOR
VILLAGE CORE CLASS I COLLECTOR
RESIDENTIAL PROMENADE CLASS III COLLECTOR
CORE PROMENADE RESIDENTIAL
VILLAGE MAIN RESIDENTIAL
VILLAGE PLAZA RESIDENTIAL
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RESIDENTIAL A and B
RESIDENTIAL
ALLEY
ALLEY STANDARDS
e) THe applicaRt slOll pro'.~ae two norta/soutH resiaential fJromenade streets, aefinea in tHe Village
DesigII Plan, ',lithin Village One. The western most street sHall ee leeatea bet'....een tHe R 2 ana R 20
residential parecls iaentifiea on tHe lana use map approvea ',vitH SP!. One ana shall emmect witH the
first residential street THe eastern most street sHall align '.vitH the telHjJorary roadway whieH COHnects
with TelegrapH Canyon Road. Said streets sHall be designed aOO constructed in acconlance "litH the
City DesigH Standards ana the Otay RancH SF.'. One staooanls for residential promeH!lae streets.
e.) The applicant shall provide a 60 foot wide pedestrian paseo between Neighborhoods R-8 and
R-9. As a condition of approval on the appropriate tentative map. said paseo shall be required to be
dedicated to the City at the final map stage. Street improvements will not be required to be installed.
but mav be required at some future date should it become apparent that vehicular access is needed.
t) As directed by the Director of Planning and the City Engineer, the applicant shall construct a
pedestrian bridge connecting Village One to Village Five at the vicinity of Palomar Street crossing over
La Media Road. The timing of the construction of said bridge shall be determined by the City at the
time of approval of the first tentative map. The applicant shall be solely responsible for the
construction of said bridge.
g) In addition to the pedestrian bridge described above, the Spa One Plan provides for the
construction of a pedestrian bridge connecting Village One to Village Two and a pedestrian bridge
connecting Village Five to Village Six. The applicant shall agree to fund half of the cost of
constructing the two pedestrian bridges and to identifY the mechanism to be used to fund said cost at
the time of approval of the first final map. Said items shall be included Ai!s -a condition~ of approval of
the first tentative map , the .'\jJplicaRt sHall be reEjHired to enter into an agreement ,Mth the City to fund
half of the cost of construction of the two peaestrian bridges and to identify tHe meehanism to be used
to funa said cost.
h) The applicant shall provide a conceptual design of the traffic circles delineated on the SPA One
Plan for review and approval by the City Engineer and Planning Director prior to approval of the first
tentative map.
i) In the event the Federal Government adopts ADA standards for street rights of way which are in
conflict with the standards and approvals contained herein, all such approvals conflicting with those
standards shall be updated to reflect those standards. Unless otherwise provided for in the future ADA
regulations, City standards approved herein may be considered vested, as detennined by Federal
regulations, only after construction has commenced.
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i.) Vehicular access shall not be required to EastLake Parkwav between the two Otav Water District
parcels Pedestrian. cart and bicvcle access. however. shall be provided. Design of said pedestrian.
cart and bicvcle access shall be implemented in such a way so as not preclude the option of future
provision of vehicular access should it become necessary.
V. GRADING AND DRAINAGE
a) The applicant shall comply with all provisions of the National Pollutant Discharge Elimination
System (NPDES) and Clean Water Program.
b) The quantity of runoff rrom the development shall be reduced to an amount equal to or less
than present 100-year frequency storm. Retention/detention facilities will be required as approved by
the Director of Public Works to reduce the quantity of runoff to an amount equal to or less than
predevelopment flows. Said retention/detention facilities shall be provided by the applicant.
c) The applicant shall provide drainage improvements in both Telegraph Canyon and Poggi
Canyon in accordance with the Master Drainage Plan for Otay Ranch SPA One, Villages One and Five
by the Director of Public Works. Said Master Plan shall be consistent with the approved SPA Plan.
VI. PUBLIC UTILITIES (SEWER, WATER, RECLAIMED WATER, WATER
CONSERVATION)
a) The Applicant shall provide water and reclaimed water improvements in accordance with the
report entitled Sub Area Master Plan for Otay Ranch ViJlages One and Five Sectional Planning Area
One ("SAMP") prepared by Montgomery-Watson dated June 1995 or as amended by the applicant and
approved by Otay Water District. The SAMP shall be consistent with the SPA Plan The Applicant
shall be responsible for obtaining the approval of any amendment to the SPA One SAMP in order for
the SPA One SAMP to be consistent with the approved SPA Plan prior to the approval of the first final
map.
b) The applicant shall pay fees in accordance with the City of Chula Vista ordinance or provide
trunk sewer improvements to both the Telegraph Canyon and Poggi Canyon trunk sewers as indicated
in the report entitled "Overview of Sewer Service for SPA One at the Otay Ranch Project" (SPA One
Sewer Report) prepared by Wilson Engineering dated June 15, 1995 or as amended by the applicant
and approved by the Director of Public Works The SPA One Sewer Report shall be consistent with
the approved SPA Plan The Applicant shall be responsible for obtaining the approval of any
amendment to the SPA One Sewer Report in order for the SPA One Sewer Report to be consistent
with the approved SPA Plan prior to the approval of the first final map.
Vll. PARKS/OPEN SPACE/WILDLIFE PRESERVATION
A) General
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I. The SPA One project shall satisfY the requirements of the Park Land Dedication Ordinance
(PLDO) The ordinance establishes a requirement that the project provide three (3) acres oflocal
parks and related improvements per 1,000 residents. Local parks are comprised of community
parks, neighborhood parks and pedestrian parks (to the extent that pedestrian parks receive partial
park credit as defined below). A minimum of two thirds (2 acres /1,000 residents) of the local
park requirement shall be satisfied through the provision of turn-key neighborhood and pedestrian
parks within SPA One. The remaining requirement (I acre/l,OOO residents) shall be satisfied
through the payment of fees.
2. All local parks shall be phased consistent with the SPA One PFFP and shall be installed by the
applicant. A construction schedule, requiring all parks to be completed in a timely manner, shall
be approved by the City.
3. All local parks shall be designed and constructed consistent with the provisions of the Chula
Vista Landscape Manual and related Parks and Recreation Department specifications and policies.
4. The applicant shall coordinate consultant selection with the City. The consultant selected for
all park design shall be acceptable to the City.
5. Parks located within gated communities shall not receive park credit.
6. The applicant shall receive surplus park credit to the extent the combined park credit for
neighborhood parks, pedestrian parks, the town square park and the community park exceeds the
3 acres per 1,000 residents standard. This surplus park credit may be utilized by the applicant to
satisfY local park requirements in future SPAs.
7. The applicant and the City shall mutually agree on a PAD fee reimbursement schedule in
coordination with the adopted construction schedule Milestones will be established for partial
reimbursement during the construction process. The City may withhold UP to 20% of the park
construction funds until the park has been completed and accepted. Reimbursement of PAD fees
shall include accrued interest.
8. The applicant shall receiye park credit for cOH3tructioH of HeigHeorhooa parks UpOH
acceptaRC;e by the City of Chula Vista.
B.) Pedestrian Parks
Pedestrian parks less than five acres, as identified in the SPA One plan, shall be maintained
by a funding entity other than the City's General Fund. Pedestrian parks shall receive a minimum
of 25% and a maximum of 50% park credit, as determined by the Director of Parks and
Recreation pursuant to City wide small park credit criteria which shall te be approved determined
by the City Council. of ChHla Vista
C.) Neighborhood Parks
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The applicant shall pay PAD fees based on a formula of 2 acres per 1,000 residents for the
first 500 dwelling units.
The applicant shall commence construction of the first neighborhood park in SPA One, in
a location determined by the Parks and Recreation Director, no later than issuance of the building
permit for the SOOth dwelling unit.
The level of amenities required in the first phase of construction of the first neighborhood
park shall be determined by the City in conjunction with the park master planning effort required
by the City of Chula Vista Landscape Manual. Said level of amenities shall be equivalent to five
acres of neighborhood park improvements as described in the PLDO ordinance and the Park
Master Plan as approved by the Parks and Recreation Director.
Prior to issuance of the building permit for the I I 50th dwelling unit, the Director of Parks
and Recreation shall determine the level of amenities required for the second phase of
construction of this park consistent with the PLDO and the Park Master Plan, or in lieu of the
second phase, require the construction of another neighborhood park at a different location. The
location of the other neighborhood park, if any, shall be determined in conjunction with the
phasing study noted below.
At no time after issuance of building permits for the SOOth dwelling unit shall there be a
deficit in "constructed neighborhood park acreage" based upon 2 acresll,OOO residents. Applicant
agrees that the Citv may withhold the issuance of building oermits should said deficit occur. For
purposes of this condition. the term "constructed neighborhood oark" shall mean that
construction of the park has beer. completed and acceoted by the Director of Parks and
Recreation as being in comoliance with the Park Master Plan. For ourposes of this condition. the
applicant shall receive park credit for construction of neighborhood parks upon comoletion of the
park and approval by the Director of Parks and Recreation as being in compliance with the Park
Master Plan. but orior to the mandatory 9-12 month maintenance period.
The applicant shall provide a maintenance period in accordance with the City of Chula
Vista Landscape Manual.
The 1.7 acre Town Square in Village Five shall receive 100% neighborhood park credit if
constructed consistent with the criteria contained in the General Development Plan and if
improvements constructed within the Town Square receive the approval of the Director of Parks
and Recreation.
The 7.3 acre neighborhood park (P-2) currently indicated in Village One south of Palomar
Street on the SPA plan shall be relocated easterly within Neighborhood R-12.
The applicant shall receive reimbursement of PAD fees should they deliver a turn-key
facility to the City in accordance with the Parks Master Plan.
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D.) Community Parks
The applicant shall pay PAD fees for the Community Park based upon a formula of I acre
per 1,000 residents, until such time as a turn-key facility has been accepted by the City. Said turn-
key facility is subject to the reimbursement mechanism set forth below.
The first Otay Ranch Community Park, to satisty SPA One demand, shall be located in Village 2
as identified in the GDP.
The applicant shall identity the relocation, if any, of the Village 2 Otay Ranch Community
Park prior to issuance of the building permit for the I ,I 50th dwelling unit. Said relocation may
require an amendment to the Otay Ranch General Development Plan.
Notwithstanding that the communitv park requirement (! acre/LOOO residents) shall be
satisfied through the payment ofP AD fees, the applicant shall commence construction of the first
phase of the Community Park prior to issuance of the building permit for the 2,650th dwelling
unit. The first phase of construction shall include. but not be limited to. improvements such as a
graded site with utilities provided to the property line and an all weather access road acceptable to
the Fire Department
The applicant shall commence construction of the second phase of the Community Park
prior to issuance of the building permit for the 3,000th dwelling unit. Second phase
improvements shall include recreational amenities as identified in the Park Master Plan.
The Community Park shall be ready for acceptance by the City for maintenance prior to
issuance of the building permit issuance for the 3,900th dwelling unit.
If the City determines that it is not feasible for the applicant to commence construction of
the first phase improvements of the community park prior to issuance of the building permit for
the 2.650th unit. at this time, then the City shall have the option to utilize the PAD fees for said
improvements, or to construct another park or facility, east of the I-80S Freeway within an
acceptable service radius of SPA One, as set forth in the GDP. The first phase of construction
shall include, but not be limited te, improvements such as a braded site with utilities provided to
the (3roperty line and an all weatHer access road acceptable to tHe Fire Department.
The applicant shall provide a maintenance period in accordance with the City of Chula
Vista Landscape Manual.
The applicant shall receive reimbursement of PAD fees, excluding the cost of construction
of the all weather access road. for the community park should they deliver a turn-key facility to
the City in accordance with the Parks Master Plan.
E.) Trails
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The first tentative map shall not be approved until the SPA One Open Space Master Plan
is approved by the Director of Parks and Recreation. The Open Space Master Plan shall address
final recreational trail alignments and phasing.
All trails shall connect to adjoining existing trails in neighboring development projects to
the extent feasible, as feasible is determined by the Director of Parks and Recreation.
F.) Community Gardens
Community gardens shall be consistent with the guidelines in the SPA One Parks,
Recreation, Open Space and Trails Master Plan, including creation of the Community Garden
Committee and their responsibilities.
Water lines shall be stubbed from the nearest water main to the site(s) in order to facilitate
development of the Community Gardens.
Maintenance of Community Gardens shall be funded by an Open Space Maintenance
District, Home Owner's Association or other funding mechanism approved by the City.
Community Gardens shall not receive park credit.
3.) Open Space
The applicant shall prepare a study to determine the feasibility of establishing a master
open space district under the 1972 Lighting and Landscape Act for the Otay Valley Parcel of Otay
Ranch. Said feasibility study shall be approved by the Directors of Parks and Recreation and
Public Works prior to approval the first tentative map.
If applicable, an Open Space District shall be formed prior to approval of the first final
map.
vrn. AGREEMENTS/FINANCIAL
a) The applicant shall install Chula Vista Transit facilities, which may include but not be limited to
benches and bus shelters, in accordance with the improvement plans approved by the City. Since
transit setvice availability may not coincide with project development, the applicant shall install said
improvements when directed by the City. The applicant shall enter into an agreement with the City to
fund these facilities. The requirement for said agreement will be made a condition of the first tentative
map
b) The applicant shall enter into an agreement with the City of Chula Vista, prior to approval of
the first tentative map regarding the provision of affordable housing. Such agreement shall be in
accordance with the Chula Vista Housing Element, the Ranch Wide Affordable Housing Plan and the
SP A One Affordable Housing Plan.
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C) No final maps may be recorded within SPA One until such time that an annexable Mello Roos
District, or some other financing mechanism approved by the school district, to provide for the
construction of needed elementary, middle and high schools is established.
d) The applicant shall participate financially in proportion to other developers in a collaborative
study analyzing local park needs for the area east of the 1-805 Freeway prior to approval of the first
final map.
e) The applicant shall prepare a design study to determine the feasibility of providing grade
separated intersections for East Orange Avenue at Paseo Ranchero and Telegraph Canyon Road at
Otay Lakes Road. Said study shall be approved by the City Engineer prior to approval of any tentative
map for SPA One.
f) The applicant shall enter into an agreement with the City of Chula Vista to participate, on a fair
share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the
Congestion Management Program (CMP) prior to approval of the first final map within SPA One.
g) The applicant shall be required to equitably participate in any future regional impact fee
program for correctional facilities should the region enact such a fee program to assist in the
construction of such facilities. The applicant shall enter into an agreement with the City which states
that the applicant will not protest the formation of any potential future regional benefit assessment
district formed to finance correctional facilities.
h.) In order to satisfY their fair-share contribution for financing the light rail transit system, the
applicant shall complete the following: I.) dedicate to the City the Light Rail Transit (LRT) right-of-
way on the final map containing said right-of-way, as indicated on the approved tentative map; 2.)
rough grade said LR T alignment; and 3.) enter into an agreement with the City which states that the
applicant will not protest the formation of any potential future regional benefit assessment district
formed to finance the LRT
i) A reserve fund program shall be established in accordance with the Otay Ranch General
Development Plan which requires that a reserve funding program be established concurrent with the
approval of the first SPA. The Applicant understands that the City and County are in the process of
negotiating a Master Property Tax Agreement regarding portions of the Otay Ranch which may have
an impact on the reserve funding program. Applicant understands and agrees that further details of the
reserve funding program shall therefore be established by the City in conjunction with final approval of
the Property Tax Agreement.
In accordance with the Otay Ranch General Development Plan requirements, the applicant shall
fund the annual fiscal reviews, conducted by the City or under the City's supervision, to evaluate the
fiscal impact of the project. As part of the annual review, the assumptions and inputs used in the Fiscal
Impact for New Development (FIND) Model shall be evaluated, including land use types, density and
timing, factors affecting cost and revenue estimates, allocation of local, regional, state and federal
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funds, and any other factors deemed relevant by the City Manager. The annual fiscal review will
determine the need for transfers ITom the applicant reserve fund to the City in order to assure that the
GDP policies are fulfilled, particularly that all City services provided to the incorporated portion of
Otay Ranch, including direct and indirect costs, and including capital and operating costs, shall be
covered by project revenues and project exactions.
Prior to the approval of the first tentative map the applicant shall fund the Reserve Fund in an
amount determined by the City. or at the election of the City, agree to fund the Reserve Fund, to offset
any annual operating deficit incurred by the City that is not covered by the Property Tax Agreement in
order to assure that the GDP/SRP policies, as described above, are fulfilled.
IX. SCHOOLS
a) The applicant shall deliver to the School District a graded high school site including utilities
provided to the site and an all weather access road acceptable to the District prior to issuance of the
2,65Oth building permit (504 students). The all weather access road shall also be acceptable to the Fire
Department. This schedule is subject to modification by the School District as based on District facility
needs.
b) The applicant shall deliver to the School District, a graded elementary school site including
utilities provided to the site and an all weather access road acceptable to the District, located within
Village One, prior to issuance of the 500th residential building permit (150 students). The all weather
access road shall also be acceptable to the Fire Department. This schedule is subject to modification by
the School District as based on District facility needs.
c) The applicant shall deliver to the School District, a graded elementary school site including
utilities provided to the site and an all weather access road acceptable to the District, located within
Village Five, prior to issuance of the 2,500th residential building permit (750 students). The all
weather access road shall also be acceptable to the Fire Department. This schedule is subject to
modification by the School District as based on District facility needs.
d) The applicant shall deliver to the School District, a graded elementary school site including
utilities provided to the site and an all weather access road acceptable to the District, located west of
Paseo Ranchero, prior to issuance of the 4,50Oth residential building permit (1350 students). The all
weather access road shall also be acceptable to the Fire Department. This schedule is subject to
modification by the School District as based on District facility needs.
e.) If the Applicant is unable to deliver any of the school sites required bv conditions a through d at
the locations identified in the SPA One Plan. applicant shall. at the time such site is required to be
delivered. take such actions necessarv to deliver an alternative site that is satisfactory to the school
district or fund acquisition by the school district of an alternative site.
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X. MISCELLANEOUS
a) The applicant may file a master final :nap which provides for the sale of super block lots
corresponding to the units and phasing or combination of units and phasing thereof:
If said super block lots do not show individual lots depicted on the approved tentative map, a
subsequent final map shall be filed for any lot which will be further subdivided.
All super block lots created shall have access to a dedicated public street.
The applicant shall post bonds to secure the installation of improvements in the amounts
determined by the City Engineer prior to approval of a master final map. Said master final map shall
not be considered the first final map as indicated in other conditions of approval unless said map
contains single or condominium multiple family lots shown on a tentative map.
b) The applicant shall comply with all requirements and guidelines of the Parks, Recreation, Open
Space and Trails Plan, Public Facilities Finance Plan, Ranch Wide Affordable Housing Plan, SPA One
Affordable Housing Plan and the Non-Renewable Energy Conservation Plan, unless specifically
modified by the appropriate department head, with the approval of the City Manager.
c) Approval of the Otay Ranch SPA One does not constitute approval of the final lot
configuration, grading and street design shown within the SPA Plan.
d) The applicant shall secure approval of a Master Precise Plan for the Village One and Village
Five Core Areas, prior to submitting any development proposals for commercial, multi-family and
Community Purpose Facility areas within the SPA One Village Cores.
e) The applicant shall fund the revision of the Public Facilities Development Impact Fee (PFDIF)
Program, which shall be prepared by the City, as directed by the City Manager or his designee and
approved by the City Council prior to approval of the first final map within SPA One. Said
requirement shall be made a condition of approval of the first tentative map. The applicant shall receive
100% credit towards future PFDIF for funding this update.
t) Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General
Development Plan (GDP), the applicant shall fund the preparation of an annual report monitoring the
development of the community of Otay Ranch. The annual monitoring report will analyze the supply
of, and demand for, public facilities and services governed by the threshold standards. An annual
review shall commence following the first fiscal year in which residential occupancy occurs and is to be
completed during the second quarter of the following fiscal year The annual report shall adhere to
those guidelines noted on page 353, Section D of the GDP/SRP
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g) The applicant shall include maintenance of Telegraph Canyon channel east of Pas eo Ladera in
any open space district formed for SPA One on a fair share basis. This includes but is not limited to
costs of maintenance and all costs to comply with the Department of Fish and Game and the Corps of
Engineers permit requirements
XI. PHASING
a) Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch GDP,
the applicant shall prepare a five year development phasing forecast identiJYing targeted submittal dates
for future discretionary applications (SPAs and tentative maps), projected construction dates,
corresponding public facility needs per the adopted threshold standards, and identiJYing financing
options for necessary facilities.
b) The applicant acknowledges that the Otay Ranch General Development Plan is based on a
village concept that provides for the construction of multi-family homes and commercial uses along
with single family residential homes within SPA One. The City has allowed the early phases of the
project to consist almost exclusively of single family detached neighborhoods due to current market
conditions. However the applicant understands that it is the City's intent to require the applicant to
focus development on only one of the SPA One village cores in order to increase the viability of the
core and to fulfill the objectives of the Otay Ranch General Development Plan.
In order to facilitate this objective, the applicant shall prepare a project phasing update to determine
which of the two villages the applicant will concentrate development in. The phasing study shall
provide for the following: 1) access to the high school site, community park site and neighborhood
park which is economically and physically feasible; 2) establishment of a residential phasing program to
complement the east-west access selection (East Palomar Street or East Orange Avenue); 3) identify
the village that will be the focus of accelerated development; 4.) consideration of market conditions,
product absorption and location of appropriate product to meet demand, 5) limitation of public
services in the village which is not the focus of accelerated development and, 6) provision for
affordable housing opportunities as identified in the approved Affordable Housing Plan. The study
shall be undertaken prior to issuance of the 1150th building permit and shall be submitted for
approvilled by the Planning Director and City Engineer prior to the issuance of the 1,401st building
permit. As a condition of approval of the first tentative map, the Applicant shall enter into an
agreement with the City in which the applicant agrees to implement the results of said study as
determined by the City Council. If the applicant fails to implement the results of the study as directed
by City Council, the City Council may take such actions as it deems necessary, including but not limited
to withholding building permits
c) Phasing approved within the SPA Plan may be amended subject to approval by the Planning
Director and the City Engineer.
d) The Public Facilities Finance Plan shall be adhered to with improvements installed in accordance
with said plan or as required to meet threshold standards adopted by the City of Chula Vista. In
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addition, the sequence in which improvements are constructed shall correspond to any future Eastern
Chula Vista Transportation Phasing Plan adopted by the City. The City Engineer may modifY the
sequence of improvement construction should conditions change to warrant such a revision.
XII. CODE REQUIREMENTS
a) The applicant shall comply with all applicable sections of the Chula Vista Municipal Code.
Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision
Map Act and the City ofChula Vista Subdivision Ordinance and Subdivision Manual.
b) The applicant shall comply with all aspects of the City of Chula Vista Landscape Manual.
c) The applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth
Management) as may be amended from time to time by the City. Said chapter includes but is not
limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090),
and publicfacilities finance plan amendment procedures (19.09.100).
d) The applicant shall pay reimbursement associated with undergrounding of utilities in accordance
with the City ofChula Vista Resolution 17516 dated June 7, 1994.
e) The applicant shall comply with City Council Policy 570-03 adopted by Resolution 17491 if
pump stations for sewer purposes are proposed.
f) The applicant shall enter into an agreement with the City, prior to approval of a final map for
any phase or unit, whereby:
I) The applicant agrees that the City may withhold building permits for any units in the subject
subdivision if anyone of the following occurs:
a. Regional development threshold limits set by the adopted East Chula Vista
Transportation Phasing Plan in effect at the time of final map approval have been reached.
b. Traffic volumes, level of service, public utilities and/or services exceed the threshold
standards in the then effective Growth Management Ordinance.
2) The applicant agrees that the City may withhold building permits for any of the phases of
development identified in the Public Facilities Financing Plan (pFFP) for Otay Ranch SPA One if the
required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program
have not been completed
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