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Home My WebLink AboutPlanning Comm Rpts./1996/07/10 (5) PLANNING COMMISSION AGENDA STATEMENT Item: 1 Meeting Date: Julv 10. 1996 ITEM TITLE: PUBLIC HEARING: PCS 96-04; Consideration of Tentative Subdivision Map for the Otay Ranch SPA One, Chula Vista Tract 96-04, generally located south of Telegraph Canyon Road between Paseo Ranchero and the future SR-125 alignment Village Development has submitted a Tentative Map for Otay Ranch SPA One (Villages One and Five), Chula Vista Tract 96-04, to subdivide approximately 1,110 acres into 2,385 single-family residential lots, 17 multi-family residential lots (approximately 3,181 units), two elementary school sites, eleven park sites totaling 44.1 acres, 235 acres of open space, 14.8 acres of commercial and 26.2 acres of community purpose facility land. The Environmental Review Coordinator has reviewed the proposed Tentative Map and has determined that it is in substantial conformance with the Otay Ranch SPA One Plan for which Final Environmental Impact Report 95-01 and Addendum were certified by the City Council. Therefore, no new environmental review is necessary, and staff recommends the recertification of FEIR 95-01 and Addendum and reapproval of the Statement of Overriding Considerations and the Mitigation Monitoring Program related thereto. ISSUES The following are unresolved policy and design issues between the project applicant and staff: . Gated neighborhoods . Access to EastLake triangular parcel to the east of Village Five RECOMMENDATION RecertifY FEIR 95-01 and Addendum for the Otay Ranch SPA One and Annexation for the Tentative Map, Chula Vista Tract 96-04. Adopt the attached Planning Commission Resolution PCS 96-04 recommending approval of the Tentative Map for Otay Ranch SPA One, Chula Vista Tract 96-04, in accordance with the findings and subject to the conditions contained in the attached Draft City Council Resolution. BOARDS/COMMISSIONS RECOMMENDATIONS: None Page 2. Item 1 Meeting Date: Julv 10. 1996 DISCUSSION: I. SITE CHARACTERISTICS The project site is located in the Otay Valley Parcel of the Otay Ranch on 1,110 acres of land south of Telegraph Canyon Road/Otay Lakes Road and north of Poggi Canyon and the eventual extension of Orange Avenue. The proposed Tentative Map includes all of SPA One, which is comprised of Village Five and that portion of Village One east of Paseo Ranchero (see Exhibits A and B). Historically, this portion of the Otay Ranch has been used for ranching, grazing, dry-farming and truck farm activities The gently rolling hills comprising the site are currently vacant and unimproved. The Otay Water District property and the planned State Route 125 corridor are located to the east of Village Five, and the Phase 2 of the Sunbow project is located to the west of Village One. The Rancho del Rey Planned Community (SPA 3) is located to the north of the project site. 2. ZONING AND LAND USE The proposed subdivision, along with all other Otay Ranch properties, were prezoned Planned Community (PC) as part of the General Development Plan (GDP) process. One of the purposes of the PC Zone is to provide for the orderly pre-planning and long-term development oflarge tracts ofland which may contain a variety ofland uses, but are under unified development control. The PC Zone implements the GDP by requiring the preparation of a Sectional Planning Area (SPA) Plan. The SPA Plan is the second phase in the development/entitlement process and further defines and implements the land use plans, goals and objectives set forth in the GDP for Villages One and Five. The SPA One Plan for Otay Ranch was approved by the City Council on June 4, 1996. The third and present phase of the entitlement process is the Tentative Map which further implements the GDP and SPA by more precisely defining lots and providing for required infrastructure. 3. APPLICANT'S PROPOSAL Village One The applicant is proposing commercial, park, Community Purpose Facility (CPF), school and residential uses consistent with SPA One in terms of size and location. A more specific description of the proposed land uses is exhibited in the following tables. Five parks ranging in size ITom 0.8 to 11.3 acres are provided in Village One. Additionally, 139 acres of open space are located in approximately 19 lots and contain the Regional Trail located along Telegraph Canyon Road, East Orange Avenue, the east side of Paseo Ranchero and the west side of La Media Road. The pedestrian paseos are also a vital component of the open space network, as is a series of connecting trails ITom various neighborhoods to the Regional Trail. PC710FIN.DOC Page 3. Item: 1 Meeting Date: Julv 10. 1996 A total of 14.6 acres of CPF land is being proposed for Village One. At the final SPA One hearing on June 4, 1996, the City Council approved the CPF-2 site (3.2 acres) to be a floating site which will be located in Neighborhood R-15. The floating site will allow flexibility to locate future CPF uses based upon project design. A condition of approval has been incorporated into the resolution to ensure this. As required by the GDP and SPA, one 10-acre elementary school site is provided in Village One which meets the requirements of the Chula Vista Elementary School District. Conditions of approval in the Resolution discuss further requirements for timing of the elementary school. Nei2hborhood Lot Area Land Use C-I 6.5 AC Comm C-2 5.0AC Comm Subtotal 11.5 AC Comm P-l 11.3 Parks P-2 7.9 Parks P-3 2.2 Parks P-4 0.8 Parks P-5 0.8 Parks Subtotal 23 Parks CPF-I 10.0 CPF CPF-2 3.2 CPF CPF-3 1.4 CPF Subtotal 14.6 CPF S-l 10.4 School Open Space 139.1 OS Five single-family zones were approved with SPA One, two of which are being utilized in the Tentative Map. The SF3 zone designation permits single-family housing located on lots with average sizes of 5,000 to 8,000 square feet, and the SF4 zone designation permits single-family housing on lots with average sizes of3,000 to 4,900 square feet. Two multi-family zones were approved with SPA One and both are being utilized in the Tentative Map. The RMI zone designation permits housing ranging from 8 dulac to 14.9 du/ac. Neighborhood R-I4 is designated RMI, and the applicant has proposed 135 alley type units in this area. The RM2 zone designation permits housing at densities above 15 du/ac. A total of2,681 multi-family dwelling units are proposed on 333.4 acres ofland in the RM2 District. PC710FIN.DOC Page 4, Item: 1 Meeting Date: July 10. 1996 VILLAGE ONE RESIDENTIAL SUMMARY Nei!'hborhood Min. Lot Size Acres DUs Density Zone Lot SQ. Ft. R-I 50'xI00' 22.8 102 4.5 SF3 5,000 R-2 50'x85' 12.7 75 6.0 SF4 4,250 R-3 46'x75' 12.0 75 6.25 SF4 3,450 R-4 55'xI05' 20.2 94 4.7 SF3 5,775 R-5 50' xl 00' 15.4 72 4.7 SF3 5,000 R-6 50'xI00' 21.8 77 3.5 SF3 5,000 R-7 60'xll 0' 33.4 133 4.0 SF3 6,600 R-8 50'x85' 13.1 61 4.7 SF4 4,250 R-9 50'xI00' 18.2 82 4.5 SF3 5,000 R-IO 55'xI05' 30.7 109 3.6 SF3 5,775 R-II 60'xllO' 27.8 109 4.0 SF3 6,600 R-12 50'x85' 31.7 172 5.4 SF4 4,250 R-13 46'x75' 14.2 109 7.7 SF4 3,450 SF Subtotal 274 1,270 4.6 R-14 34'x85' 13.5 109 8.7 RMI 2,890 R-I5 12.1 215 17.8 RM2 R-I6 7.6 280 36.8 RM2 R-I7 83 200 24.0 RM2 R-I8 11.1 230 20.7 RM2 R-19 7.0 204 29.1 RM2 R-20 7.7 160 20.8 RM2 R-21 7.1 168 23.7 RM2 MF Subtotal 74.4 1,566 21.0 Total 346.9 2,836 Village Five The applicant is proposing commercial, park, CPF, school, open space and residential uses consistent with SPA One in terms oflocation and size. A more specific description of the proposed land uses is exhibited in the following tables. Six parks ranging in size from 0.6 to 10.1 are located in Village Five. Additionally, 96.1 acres of open space are located in approximately 48 lots which contain the Regional Trail located along Telegraph Canyon Road and East Orange Avenue. The pedestrian paseos are also a component of the open space network as is a series of connecting trails ITom various neighborhoods to the Regional Trail along Telegraph Canyon Road and East Orange Avenue. A typical section for the north/south pedestrian paseo is indicated in Exhibits C and D. PC710FIN.DOC Page 5, Item 1 Meeting Date July 10. 1996 A total of 11.6 acres of Community Purpose Facility land is proposed for Village Five The CPF acreage proposed for both Villages One and Five is sufficient to serve the population generated in the area west of Paseo Ranchero and also meets the Telegraph Canyon Estates CPF requirement of 1.4 acres. One 10-acre elementary school site is provided in Village Five which meets the requirements of the Chula Vista Elementary School District. Conditions of approval in the Resolution discuss further requirements for timing of the elementary school. Neil!:hborhood Lot Area Land Use C-3 1.5 AC Comm C-4 1.8 AC Comm Subtotal 3.3AC Comm P-6 10.IAC Parks P-7 5.3 AC Parks P-8 1.6 AC Parks P-9 2.2AC Parks P-I0 1.3 AC Parks P-ll 0.6AC Parks Subtotal 21.1 AC Parks CPF-4 2.1 AC CPF CPF-5 3.5 AC CPF CPF-6 3.3 AC CPF CPF-7 2.7 AC CPF Subtotal 11.6 AC CPF Open Space 96.1 OS S-2 10.3 School Similar to the proposal for Village One, the SF3, SF4, RMI and RM2 zone designations are being proposed in Village Five. The Otay Water District Parcels adjacent to the residential uses in Village Five will be heavily screened with landscaping (see Exhibits E, F, G and H). PC710FIN.DOC Page 6. Item 1 Meeting Dale: July 10. 1996 VILLAGE FIVE RESIDENTIAL SUMMARY Neighbor Min. Lot Acres Density DUs Zone Lot Sq. hood Size Ft. R-22 50'x85' 17.8 5.6 99 SF4 4,250 R-23 50'xI00' 19.9 4.8 95 SF3 5,000 R-24 55'xI05' 20.3 4.3 88 SF3 5,775 R-25 60x110' 15.6 4.0 63 SF3 6,600 R-26 55'xI05' 11.0 6.4 70 SF3 5,775 R-27 50'x85' 8.7 5.7 50 SF4 4,250 R-28 46'x75' 11.2 6.4 72 SF4 3,450 R-30 46'x75' 21.5 5.5 119 SF4 3,450 R-31 50'x85' 16.8 4.2 71 SF4 4,250 R-32 50'xIOO' 23.0 4.6 105 SF3 5,000 R-33 55'xI05' 11.6 4.1 47 SF3 5,775 R-34 55'xI05' 8.6 4.1 35 SF3 5,775 R-35 60'xII0' 7.1 5.1 36 SF3 6,600 R-36 50'xI00' 14.8 4.2 62 SF3 5,000 R-37 46'x75' 11.6 5.2 60 SF4 3,450 R-38 50'x85' 8.6 5 43 SF4 4,250 SF 228.1 4.9 1,115 Subtotal R-29 34'x85' 10.4 8.0 83 RMI 2,890 R-39 15.9 11.4 182 RM2 R-40 8.4 24.3 204 RM2 R-41 4.4 28.9 127 RM2 R-42 4.8 36.4 175 RM2 R-43 8.2 29.4 241 RM2 R-44 11.8 22.1 261 RM2 R-45 4.9 33.7 165 RM2 R-46 7.2 24.6 177 RM2 MF 76 21.2 1,615 Subtotal Total 304.1 2,730 PC710FIN.DOC Page 7. Item 1 Mecting Date: July 10. 1996 4. COMPLIANCE WITH aT A Y RANCH GDP AND SPA ONE PLAN The average single family density for Villages One and Five is 4.6 and 4.9, respectively. These average densities fall within the middle of the Low Medium Village (LMV) land use category density of 3-6 du/ac indicated in the General Development Plan. The multi- family average density for both villages slightly exceeds the GDP average density of 18 du/ac. The total number of acres designated for multi-family uses on the Tentative Map is consistent with the total acres designated "MIf' in the GDP. The following table notes the maximum number of single and multi-family dwelling units allowed per the GDP, the numbers approved in the SPA One and the proposal for the Tentative Subdivision Map: Village One Village Five GDP SPA TM GDP SPA TM SF 1,314- 1,314 1,270 1,263 1,263 1,115 MF 1,566 1,566 1,566 1,615 1,615 1,615 TOTAL 3,323 2,880 2,836 2,878 2,878 2,730 - Does not include the 443 units west of Pas eo Ranchero 5. ANALYSIS A. PC Regulations: The Planned Community District Regulations approved in conjunction with the Otay Ranch SPA One Plan set forth the development standards for lot size, setbacks, building heights, parking requirements, landscape requirements, etc. The following residential districts are utilized with the Tentative Map: Single-family Three (SF3) Single-family Four (SF4) Residential Multi-family One (RMl) 5,000-8,000 square foot lots 3,000-4,900 square foot lots Small lot single-family, attached or detached or multi-family Attached multi-family housing Residential Multi-family Two (RM2) All residential lots proposed with the Tentative Map are in compliance with the standards set forth in the Planned Community District Regulations. Lots located in the SF3 and SF4 zone designations, which are 3,000 square feet or greater, will be subject to staff level review of the site plan and architecture associated with the building permit process. The Design Review approval process will apply to all lots within the RMI, RM2 and C zones. Both the RMI and RM2 zone designations permit attached or detached single-family dwellings, mobile homes, townhomes and multi-family dwellings. All proposals within these designations will require specific site plan approval through the Design Review process. PC710FIN.DOC Page 8, Item 1 Meeting Date Jul\ 10. 1996 The Village Core Districts contain the Commercial (C) and Community Purpose Facility (CPF) designations, and the Open Space/Park District contains the Open Space/Park One and Two designations The Open Space/Park One District permits allowable open space and park uses and may include naturalized open space while the Open Space Park/Two District includes the Otay Ranch Resource Management Preserve area and native open space. Special consideration will be given to all uses within the Village Core, and approval of a precise plan will be required for these land use proposals. B. Neo-traditional Concept/Implementation: Neo-traditional design concepts, which implement the pedestrian orientation aspect of the project, are described in the Village Design Plan( s) and include such elements as Hollywood driveways, ITont porches, pedestrian paseos, increased garage set backs and alleys. The Planned Community District Regulations 'further provided for and required certain minimum numbers of these elements to be included in the design of the Tentative Map. Throughout the review process, staff has focused in particular on the provision of the alley product type and Hollywood driveways. The alley product is currently located in Neighborhood R-14 within Village One and Neighborhood R-29 in Village Five. R-14 contains 109 units, while R-29 contains 83 units. Of theses lots, only 87 and 41, respectively, are actually served by alleys due to the layout of the perimeter lots and cul-de-sacs. Staff expressed concern regarding the limited number of these homes proposed, but the applicant was reluctant to provide additional alley product type due to the uncertainty in the market place regarding this type of dwelling. Additionally, the applicant felt that, in order to provide additional alley product type, a flatter site of 1 % would be needed. If the alley product were expanded adjacent to these two neighborhoods, an extensive amount of regrading would be necessary. The issue was raised at the City Manager Policy Committee meeting of June 21, 1996, and it was determined that, should the applicant pursue a General Development Plan Amendment in the future to decrease density within the Village Core, then additional alley product should be further considered at that time. Hollywood driveways are encouraged in the Village Design Plan(s) and implementation of this concept was discussed and negotiated through the review process. Garages are typically set back further from the street in conjunction with Hollywood driveways which not only reduces the visual impact of the garages but also minimizes the amount of concrete along the streetscape. The Planned Community District Regulations currently require that a minimum of 30% of the homes located on lots of 60 feet wide and 11 0 feet deep be provided with Hollywood driveways. In the initial analysis, staff identified only 345 lots that fell into the appropriate size range. Additionally, only 30% of these, or 103, would be required to be provided with Hollywood Driveways. Staff did not believe that this was adequate, and the applicant has agreed to expand the area where Hollywood driveways will be provided. The project is being conditioned to provide Hollywood driveways on 30% of lots which fall into the 55-foot x 105-foot lot size With this PC7IOFIN.DOC Page 9, Item 1 Meeting Date: July 10. 1996 requirement, an additional 349 lots will "qualifY" for Hollywood driveways with a minimum of 105 Hollywood driveways being provided. C Affordable Housing The Otay Ranch General Development Plan requires that the affordable housing requirement for the Telegraph Canyon Estates project be satisfied in the first phase of the Otay Ranch Project. This requirement was included in the SPA One Affordable Housing Plan with the requirement of 34 low and moderate income units In 1994, the City, Baldwin Builders and Otay Ranch, L.P. entered into an affordable housing agreement that required dedication of a 3-acre site within Village Five to satisfY the Telegraph Canyon Estates requirement. The project applicant has requested that the Telegraph Canyon Estates requirement be satisfied by the provision of 17 low and 17 moderate units within the SPA One Affordable Housing Plan, requiring a modification to the existing agreement. The SPA One Affordable Housing Plan will be implemented in the future housing agreement prior to approval of the first final map. A condition of approval has been included in the Resolution which requires an affordable housing agreement prior to the first final map. While the Telegraph Canyon Estates requirement can be satisfied with the provisions of dwelling units within SPA One, staff prefers that dedication of the 3-acre site and recommends that the Telegraph Canyon Agreement be amended to provide the three acres in either Village One or Five. D. Grading Concept: The proposed grading for the Tentative Map will result in a number of slopes in excess of 25 feet in certain residential neighborhoods. In order to mitigate the appearance of theses slopes, a condition of approval has been added which requires extensive slope planting. The slope planting criteria will apply to all slopes in excess of 25 feet whether they are residential or commercial. The applicant revised the original grading plan to provide more undulating slopes along Telegraph Canyon Road, East Orange Avenue and La Media Road in response to staff's comments. Off-site slopes, however, have not been provided with undulating slopes. Therefore, a condition of approval has been incorporated into the Resolution which requires a similar type of landform grading be provided on all off-site slopes. Slopes at Village Entry intersections have been modified in the course of the review process to be less steep in order to accommodate the grove planting theme at these entry ways. Slopes in these areas are proposed to be graded at varying slopes of 3: I to 6: I to accommodate the entry and landscape design concepts within the Village Design Plan. While the Village One Core is relatively flat, the proposed grading for the Village Five Core will result in some significant slopes. Even though the maximum grade of the sidewalks is only 6%, certain slopes in the Village Five Core will be approximately 30-35 feet in height. Staff was concerned with the appearance of these slopes as well as the walkability of the Village Core. As a matter of comparison, however, it was noted that the proposed sidewalk gradients in the Village Five Core are similar to EastLake Parkway from Telegraph Canyon Road to EastLake High School adjacent to the shopping center. PC710FIN.DOC Page 10. Item: 1 Meeting Date Julv 10 1996 Additionally, it is similar to the gradient along East "H" Street westerly from Corral Canyon Road Both areas are readily accessible to pedestrians Since staff still had reservations regarding the slope heights in the Village Five Core, the grading issue was further discussed at the City Manager's Policy Committee meeting. It was determined that the cost associated with increased grading to provide a flatter site was not commensurate with any benefit that might be realized. E. Lots backing onto Telegraph Canvon Road: During the course of review of the Tentative Map, staff expressed concern regarding the appearance of the project from Telegraph Canyon Road. It was noted that the majority of the lots backed onto Telegraph Canyon Road with the potential for a linear, masonry 6-foot high sound wall encircling the project. The applicant modified the site design in this particular area to incorporate additional cul-de-sacs which would vary the view ITom Telegraph Canyon Road by introducing side-on lots. Even with the proposed revision, staff was still concerned with the appearance of the rear elevation of homes in Neighborhood R-5. A condition of approval has been incorporated in the Resolution which requires that all homes in this neighborhood be required to be reviewed and approved by the Design Review Committee. F. Pedestrian Connection Issues: Two areas of concern have been identified regarding issues associated with pedestrian connections. The first issue dealt with the connecting trails to the Regional Trail along Telegraph Canyon Road, La Media and East Orange Avenue. Eight connecting trails have been proposed ITom various neighborhoods to the Regional Trail. These trails are all less than 1/4-mile in length and serve as minor linkages only. Four of these trails have gradients which range from 10-15% for short distances. The Parks and Recreation Department was concerned with the gradient of these connecting trails, while the Project Team and the Planning Department felt that the trails were minor in nature and some flexibility in trail gradient would be warranted particularly since the Regional Trail could be accessed via alternate routes on public sidewalks The Parks and Recreation Department developed criteria for trail gradients which was discussed at the City Manager's Policy Committee. It was decided at this meeting that some flexibility in trail gradient would be appropriate in certain locations The City's ADA Coordinator felt that the City was within the intent and spirit of the law if trail gradients of up to 12% were utilized in minor locations if the trail heads were properly signed as to the difficulty of the trail and if the provision of alternate routes was made clear. The specific design, width and gradient of these trails will be finalized in conjunction with the Open Space Master Plan, which is required to be submitted prior to the approval of the first final map. The second concern involving pedestrian connection issues is the provision of pedestrian access at open cul-de-sacs. The Village Design Plan requires that "open cul-de-sacs" be utilized in order to improve access to the main pedestrian paths, the promenade streets and paseos. The open cul-de-sac design limits automobile traffic but allows pedestrian, bicycle and cart traffic by providing a "short cut" or more direct route. These cul-de-sacs were PC710FIN.DOC Page II. Item 1 Meeting Date: Julv 10. 1996 reviewed to ensure compliance with ADA. The applicant identified three different situations regarding the open cul-de-sacs (I) cul-de-sacs at the same elevation as the adjacent promenade street (5 locations); (2) up to 3 feet elevation difference between the cul-de-sac and the promenade (7 locations); (3). 3-6 feet elevation difference (8 locations). All three situations can be provided with pedestrian access via handicap accessible ramp(s) (see Exhibit I). An additional 11 locations were identified that would not be feasible for pedestrian access since the grade differential was greater than 6 feet and the distance between the end of the cul-de-sac was not great enough to provide a handicap accessible ramp. The issue was brought before the City Manager's Policy Committee on June 21, 1996 where it was determined that pedestrian access via steps for the 11 streets noted above should be provided at those cul-de-sacs where ramps could not be accommodated (see Exhibit J). It was acknowledged that these areas would not be ADA accessible, but there were sufficient alternate accessible locations provided in each neighborhood. Exhibit K identifies the design of cul-de-sacs where no access is possible due to slope height and distance. G. Access to Otav Water District Parcels: Vehicular access to EastLake Parkway, east of Village Five, was originally proposed on the SPA One Plan but was deleted at a later date since it was determined by the Planning Commission that it was not necessary. During the course of review for the Tentative Map, the Otay Water District commented that they wanted to have access to their two parcels through Village Five. A condition of approval has been added which requires this access. Vehicular access, however, will not be continued along the full length of the parcels. Pedestrian, bicycle and cart access will continue on ITom this point. H Communitv Gardens: As indicated on the Tentative Map, potential Community Garden sites have been proposed as both interim and long term uses in conjunction with permanent facilities in certain CPF sites and at the terminus of certain cui de sacs. These locations were reviewed by staff and at the City Manager's Policy Committee meeting and were determined to be acceptable. Guidelines regarding the management and operational standards for the Community Gardens are contained in the Parks, Recreation, Open Space and Trails Master Plan, which was approved concurrently with SPA One. I. Street Names: Street names have been proposed on all streets and have been indicated on the Tentative Map. They have been reviewed by the Planning, Public Works, Fire and Police Departments as well as the U. S. Postal Service and found to be acceptable. 1. Metropolitan Transit Development Board (MTDB): MTDB has reviewed the Tentative Map and found it to be acceptable to them in terms of the alignment for the light rail transit line They raised concern regarding the adequacy of the width of the right-of- PC710FIN.DOC Page 12. Item 1 Meeting Date: July 10, 1996 way for the line where the street would be superelevated. A condition of approval has been included to address this issue 6. PHASING The applicant's phasing plan for the SPA One Plan proposed initiating construction of single-family neighborhoods in both villages. Village Five Core construction was proposed for Phase Three subsequent to the issuance of building permits for 1,440 single- family units in the first two phases. The Planning Commission had reservations about the proposed phasing and recommended a phasing plan that would focus on Village One first with access coming from either Paseo Ranchero or La Media. The Planning Commission did not include the temporary access to Telegraph Canyon Road in their recommendation. The City Council discussed the applicant's proposal and the Planning Commission's recommendation at length. The City Council ultimately decided to approve the applicant's proposed phasing based on financial constraints of the current marketplace in multi-family and commercial construction. The Tentative Map will be phased based on the City Council approved SPA One phasing plan. 7. ISSUES A Gated Neighborhoods: During the SPA One Plan hearings, the Planning Commission recommended against the gates as proposed by the project applicant in the SPA Plan. The City Council voted tentatively to support the Planning Commission's recommendation, but, at the June 4, 1996, meeting took final action on the SPA Plan and agreed to reconsider the final decision on gates at the Tentative Map stage. Ten gates are proposed on the Tentative Map restricting access to all the single-family neighborhoods in both villages. Under the SPA proposal, only the single-family neighborhoods north of Palomar Street in Village One were proposed to be gated. The Tentative Map proposes gates for the neighborhoods south of Palomar Street as well as the others proposed under the SPA Plan. For analysis, staff has numbered the gates I through 10. Gates I, 2, 3 and 4 restrict auto access to the Village One neighborhoods north of Palomar Street. There are 989 single-family homes behind these gates. Gates 5, 6 and 7 restrict vehicular access to the 364 homes proposed south of Palomar Street in Village One. Vehicular access to the 1,198 single-family homes in Village Five is restricted by Gates 8, 9 and 10. Since the access to EastLake Parkway was changed to pedestrian, bicycle and carts only, the gate has been deleted from this location. All the gates restrict just vehicular access. Pedestrians, bicyclists and carts will have full access under the proposed gating plan. Gates having the most amount of traffic are tentatively proposed to be staffed Gates 3 and 10 at the access to the villages from Telegraph Canyon Road, Gate 2 adjacent to the elementary school site and Gate 9 on Santa Rosa Drive are proposed to be staffed (see Exhibits Land M). PC710FIN.DOC Page 13. Item: 1 Meeting Date: July 10. 1996 While staff believes the proposal to gate neighborhoods has some merit, we believe the proposal is too far reaching. Restricting vehicular access to a limited number of the single- family neighborhoods would be acceptable. During the SPA Plan review, staff prepared a gated communities policy paper containing general and specific guidelines for gating neighborhoods. The general guidelines focused on the following items: . Discourage gates in communities where the Growth Management Threshold Standards could not be met. . Maintain pedestrian and bicycle access to parks, open space and other facilities. . Require that all State and City criteria be met for street design, including access for school buses, trash pick-up and mail delivery and enforce the traffic and parking regulations of the Vehicle Code. . Review and approve the number of units behind gates to reduce impacts to surrounding communities. The specific guidelines and requirements focused on the following: . Signs indicating gated street areas and location of trails and parks open to the public. . No public services such as libraries, fire or police stations located behind gates. . Maintain alternative access to public facilities. . Enforcement of the Vehicle Code in gated communities. . Require staffing on some or all of the gates. The Engineering Department criteria for gated communities requires: . Sufficient stacking for peak flows . Construct streets to City standards but privately maintained . Private storm drains . Private street lights conforming to public standards PC710FIN.DOC Page 14. Item: 1 Mceting Date: July 10. 1996 The following table analyzes the 10 proposed gates in relationship to the above criteria I....i.........i.~ m;;;;;.................. 2illl I 2 3 4 5 6 7 8 9 10 General Criteria GMOC Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Threshold Standards Ped access Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes ciN Ord Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Other Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes A~encies Number of 989 989 989 989 364 364 364 1198 1198 1198 units Specific Criteria Si~ns Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Signs to Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes I nublic fac Facilities Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes I nrivate Access to Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes other attractors Public Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes enforcmnt ofV.C. Staffed No Yes Yes No No No No Yes No Yes Stackinp Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Pvt. Street Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Pvt. Drain Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Pvt. SI. Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Li~htinp School bus Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes access In addition, the Chula Vista Elementary School District wants to ensure access for the school buses, require holdharmless and indemnification agreements and insurance ITom the homeowners association. PC710FIN.DOC Page 15. Item 1 Meeting Date: July 10, 1996 The gates, as proposed on the Tentative Map, meet the criteria as proposed by staff. However, staff is still concerned about the number of units proposed behind gates in this project and recommends denial of the gates as proposed. Staff has included conditions of approval for gates if the Commission determines some are appropriate. B. Access to EastLake Triangular Parcel: Negotiations between Village Development and the EastLake Development Company are currently ongoing regarding this issue and an oral update will be provided to the Planning Commission at the public hearing. CONCLUSION Staff recommends approval of Chula Vista Tract 96-04 in accordance with the attached Resolution of Approval with Conditions. Attachments: Exhibit A: Village One Site Plan Exhibit B: Village Five Site Plan Exhibit C: Paseo Plan Exhibit D: Section through Paseo Exhibit E: Plan View at Otay Water District Parcels Exhibit F: Section A at OWD Exhibit G: Section B at OWD Exhibit H: Section C at OWD Exhibit I: Open Cul-de-sac with ramp Exhibit J: Open Cul-de-sac with stairs Exhibit K: Open Cul-de-sacs with no access Exhibit L: Gated Neighborhoods in Village One Exhibit M: Gated Neighborhoods in Village Five Disclosure Statement Planning Commission Resolution with Conditions Draft City Council Resolution PC710FIN.DOC :;<~l ~..J - Z o 0- <. ~o .~ <- ,> ~ re-: L ~<~ ~ ~ Z o 0- <. ~~ ~:::! ,> ~ . :: 9 < - -I r L -- ---_/ " . .- 00 -= Ze 'w -< ~ -<$ q: W z: f- a <:Q w <..!J :r: q: X -.J W -.J > 0::1 W > e- LL ~ 0::1 W ::c ~ x <r: w ---" ---" > -]: . . ~. ~. , , ... , , F# @/ : @ 1_.. .. I @" '. ------- ),,~@ / .. ~. "" \ "" 'I() \!' 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" ( ~ ~~~ .... \I I--<t r( ~'- ..... ~ ~I Q ~ ).... < ~ .... ~\ I;:) .. \J :oL f- p::) :r: X w ~}';u ~ \'0"\ o \ \ . o . . r~-: z 0 5 0- ~ ~~ 0- l~f ~ ~~ ~w 00 ~ ~- .~ ~ 0> ~:::! ~ 0> ~ ~<~ 1 ~ i1 ~ f -.J - I ----- -- - r , 6 ,- 00 mz z~ Ou "< " ~ ---" C/) Q f- 0 ~ 0 <=Q ::r:: ~ cr:: ::r:: 0 X <=Q W::r:: <-'J ~ W z:: Q W f- <C <-'J ~ (/) Q f- a ~ a "'" ::c cc: ::c a x "'" W ::c lD ~ W z:: Q W f- <C lD . ~ . a . o z" ~~ ~o WZ .~ :lU ~g ~ - ., ~; .... ~!AR-27-96 15 27 FRor.j 10, PACE - __ _._ - u____ THE Cl. OF CHLL-J. i7ST..J P...J.RD' DISCLGA'RE ST..JTE.\lEST s:,.,:.....~:-:-::~: ,~:' c~s;:::::.:3:..::-:::: c: c~~:2.i;-: ()\\"~e:'sr,i? lrH~:-e~,(s. ?Clyr;:e::~5. Or- C;~:-:;t:'2jg~ c(.J:l~r;~"'c...::i0!~,S. ,~;: ;;~: . :.....,.:.. ....;. ~....-., -,.. ,.:;,........"tj 1'':\'''' ..,.,.i:1:"">......., I"e Po-t ........;t'-~ Cin. L.......,"....~;: P:..,!'"'~l.....i-r C '---'"""':'0;::".-,-, ..,.-.... . .,":..'_.......,.l,'-....L:u...........:::>'-,...........,.....1: ........,.'--~LUH.. ..d lJ.. .,-.- .~.. '-,..............1<),....'.;:> C...,q,:::;_.,-,_.. __ " :...... '-:-.:;.,- -l'-~ f......I'O,,:....\1' 'Inr."..~')..'"'.., m1'S" be c-i,'o::--!ose"" c::. ~ :~::~,O....:.L...J. L.... ,',~.H: "~':' .~l LH.~ll-..ru ......;. ~ I....:. .;>'- -.J., 1. L:st the ;:;2.Z7:::$ O~. all ge;'-~ODs having a fina:1c:at -..h~. ....-...,r~ - -:)~"''';'"II su-'nl'e ::.'.......''-Ot...(.:........O.. m':"'l...~.....,.. t-l;tl ~...... ' , . ''ire C1:z:j ~f L.P., a <J;ili.icrru..a LlITllLe:J ~ Eald;,in B.:ileers, a Oilifmlia G:rp:raticn Tiger Ce.El=sot ~, a Oilifcrnia LimitEd Fartn=r:;."ri? in.i:t:[~::)t ii': l~= CO;:~r2,::::_ i.e.. Cl'r:~:--z:C:"" V~ D;-;9lcrr:E1t, ~ ':2l.ifCL..-ri.a Ga-e-d F"-~ * (Ete a~) i~' z.lDY pe~so:1 idernified pur.s.i.l~nt to (1) abo\'~ :5 2. corpo:-~:ic>n or p.:!n:-;ersh:p. U~: tb: n~::;cS c;::. !I;dividu2.ls o\v-n.:ng mo:e than 10% of the: $h2.r~s in th~ corporation or o\vr~:r.g a.r.:: p2.r~:l:::S~.: intere$t in the partnership. Ja'rcs P. ~ A1.fr:a::' E_ ~ 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the nar::~ of any person serving as director of the non-profit organization or as trustee or beneficiary 0 trustor of the trust. N)A 4. Ha\"e you had more than 5250 worth of business transacted with any member of the City staff Boards, Commissions, Committees and Council v.ithin the past twelve months'? Yes No ~ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees., consultants or indepe;;de;; contractOrs who you have assigned [0 represent you before the City in this matter. Kim.:rem Ki1kaTty R3nie fi.xJt.Er J\re CJ::ilJins Ja'rcs ESJd.rin &nt l>dsn Alfi>rl Bald.in 6. Have you and/or your officers or agents, in the aggregate, contributed more tnarr $1.000 to Co Councilmember in the currem or preceding election period? Yes No L If yes. state wh;cr Councilmember( s): Pcr..;~ )(1 is dcnn~d~: "Ar:y individu(l{, firm. co-pt:rtner!hip, joint lI~nwrc. as$ocir.rion. socia/ club. r,-arema! orr;a~izad()l7, coroo;miolt, cj-:a(I.!, :r!!Sf. rC!cci~'~r. syndicatf!. this (ind an)' Q{her 'GUllO', ciry and counl1}~ ciry, municipality, diStrict or orJ;c,t political sUbdh:isiv!1, or 'all." other gro:(P or cQ/1lbination. acting ("oS a unit.- (NOTE: AIt~ch additional p~gcs ~$ ncccss3ry) Da~e: ~195 s;f~LpPli'""' [.\.; ':.\:l>!SCLOS<;:iX11 Kim.:rem ~ Prinr or typc.= n~i.rnt.; of cO:Hr:H.:ror/0rriicant (!{"....~:-~.\~' ! liYI,'I~~: IO PAGE 2 MAR-27-96 15 26 FPO~I THE C1.. OF CHLL.J. i7STA PARD' DfSCLr..,A'RE STA,E\fE.\T S::.<:-:-:c:.':.: 2:" "::SC:0S:"::-~ ():' ::~:-~':-.~:l. ,~'w:-:~:-S~:? ll1t~re~tS, ?:l:'-r::.~;::S. -J:- ":::!:":~p2:::;::: ~:o:1~ri~';.,;:io:15. '.)~__.- .. . ...., ...::: ~.::>-,,;~,.:>...;; -..-"'r;~ "1 . ,."....~~ -,-. .h. n~r" to:'" Ci'''l.---,...",..,-;i pl-""'ni....?"'r L..-. ,,~~;.~._,..., _.: ... ,i .-..~._;.___ l.:.S':.~..,..:~.:.:-:.~.~.I\....lj '-'.1\ c:.t: [.-0".;." o~ Ute, .... ,-....,L... ..:J......,,~ _.......s:::-!,.... 0':;2:-:$. Ti-;e :-JI!LJ\I"If:'; 1:1t'.:):-:YC2.::0~ :7:~S~ be discLosec: :1~U ,.:' , r ;ct ~h"," """"'--''''- '"\~ ::,\:1 .....""..,..,,....;: '-"'\'i~..... _...J _J..'- J..~..l.....:;) Ul <::;.:. :-''-.~'...d.... \<'-1. .~16 S'...i:(;Gr:~-;3.'::Or. ;TIJ.::::::8.i S~??:t~r. The Ota'l Ranch, L_P., a California L~mlted-partne~$h~~ Ticer Develooment ~"o, a California Limited Partner5hip If 2,r1y FerSo~ icer:[iffed pursuant to (1) above is a coq::or2.t:on or pJ.:t::.::rship. i:s~ the Zl~::1e~ c~':.. tr:di~:!jl!2.1s o~"ning more than :0% of the sh2.res irL the cQrpor().ticn. or o',vnirig any ?ar::1c;s:-:: i!Herest in rhe partnership. James P _ Baldwin Alfred E. Baldwin a fiI"!2:.r.ci?l ir;~c:':::$: !~ t."1~ CC:1:r2.'::. !.~.. C():l::-2'...::,-, 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the na:.:e of any person serving as director of the non-protit organization or as trustee or beneticiary 0 trustOr of the trust. .HJA 4_ Have vou had more :h:m S250 worth of business transacted with anv member of the CitV' st::f: . -- Boards, Commissions, Committees and Council within the past twelve months? Yes ~o _ If yes, please indicate person(s): - J. Please identifY each and every person, including any z.gems, employees, consuItz.nts or inde?e:1:.i~:-: contractors who you have assigned to represent you before the City in this matter. Kim John Kilkennv Ranie Hunter June Collins James Baldwin Kent Aden Alfred Baldwin 6. Have yOll and/or your officers or agents, in the aggregate, contributed more than S1.000 W c Counc:i!member in the curn:m or preceding election period'! Yes No ~ If yes. swt~ wh;~~ Counc:ilmember(s): y,,'r";:H1 is c.!cnited .:1s: "Ar.y indi....id~wl.j1rnl. co-partNershlp,joint t'cntur~. tl.SSOci~7fio1't. social club.!rt2fernn/ organ.lzariar.. cO'Porr:tiOI~ n':,':<:. Inlsr. rl!ccln!r, syndical/!, litis and aJ:y other cO!.JJtfj', ciry and COUllfl)', city, 11.!wlldpnlit)', di~(ricr or ocher po!irical S'.Jbd;'.i$h)", ()r (,ny orlu:r ~O!!P or cOJJlbinarion aClilzg a$ (Zunir." (NOTE: Atl~ch additional pages as necessary) D:;tc=: 3127196 / Signatu ~ of coraract applicant Kim John Kilkenny Print or tYr~ n~ln1~ of tontr~lct~)1"':~prfic:tn[ [-\,; i ,~_ \:{);SCLOS;~,TX1i !!{"''''~'':: !:. ~I).,!<" RESOLUTION NO. PCS 96-04 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE THE TENTATIVE SUBDIVISION MAP FOR aT A Y RANCH SPA ONE, CHULA VISTA TRACT 96-04 WHEREAS, the property which is the subject matter of this resolution is identified and described on Chula Vista Tract 96-04 and is commonly known as Otay Ranch SPA One ("Property"), and; WHEREAS, The Baldwin Company filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as Otay Ranch SPA One, Chula Vista Tract 96-04, with the Planning Department of the City of Chula Vista on December 6, 1995 ("Project"), and; WHEREAS, said application requests the approval for the subdivision of approximately 1,061.2 acres located south of Telegraph Canyon Road between Paseo Ranchero and the future alignment of SR-125 into 5,573 residential lots, 228.5 ac. of open space, two 10 AC school sites and one proposed for the area west of Paseo Ranchero, 43.9 ac. of neighborhood parks and 28.3 ac. community purpose facility lots, and; WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Plan ("SPA Plan") previously approved by the City Council on April 30, 1996 by Resolution No. _ ("SPA Plan Resolution") wherein the City Council, in the environmental evaluation of said SPA Plan, relied in part on the Otay Ranch Sectional Planning Area (SPA) Plan Final Environmental Impact Report No. 95-0 I, SCH # 94101046 and 950210 12 ("FEIR 95-01"), and; WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under Program EIR 90-01 and FEIR 95-01 that is virtually identical in all relevant respects, including lot size, lot numbers, lot configurations, transportation corridors, etc., to the project descriptions in said former environmental evaluations, and; WHEREAS, the City Environmental Review Coordinator has reviewed the proposed Tentative Map and determined that it is in substantial conformance with the SPA Plan, therefore, no new environmental documents are necessary, and; WHEREAS, the Planning Director set the time and place for a hearing on the tentative map and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and tenants within 1,000 feet of the exterior boundaries of the property at least 10 days prior to the hearing, and; WHEREAS, the Planning Commission has previously considered EIR 95-01 and, therefore, no further environmental action by the Commission is necessary. Planning Commission SPA One Tentative Map Page 2 NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the attached draft City Council Resolution approving the Tentative Subdivision Map for Chula Vista Tract 96-04 in accordance with the findings and subject to the conditions contained therein BE IT FURTHER RESOL VED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VlST A, CALIFORNIA, this 10th day of July, 1996 by the following vote YES NOES: ABSENT: William C. Tuchscher II, Chair ATTEST: Nancy Ripley Secretary C:\PCRESO.DOC TENTATIVE MAP - OTAY RANCH VILLAGES 1 & 5 CONDITIONS OF APPROVAL GENERAL/PRELIMINARY I. Comply with all requirements and guidelines of the Parks, Recreation Open Space and Trails Plan, Public Facilities Financing 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. 2. 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". 3. 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 including issuance of building permits, 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. The applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 4. Applicant shall indemnifY, protect, defend and hold the City harmless ITom and against any and all claims, liabilities and costs, including attorney'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. ENVIRONMENTAL 1. The applicant shall implement all applicable mitigation measures identified in EIR 95-01, the CEQA Findings of Fact for this Project (Exhibit *) and the Mitigation Monitoring and Reporting Program (Exhibit *). 2. The applicant shall comply with all applicable requirements of the Phase 2 Resource Management Plan (RMP) as approved by the City Council on June 4, 1996. 3. The Applicant shall comply with any applicable requirements of the California Department of Fish and Game, the U.S. Department of Fish and Wildlife and the U.S. Army Corps of Engineers. TMCON.DOC 1 DESIGN I. The secondary access in the southern portion of Neighborhood R-30 shall be surfaced with 'grass-crete", 'turf-block" or some other comparable material unless otherwise approved by the Planning Director and Fire Chief. Bollards shall be provided instead of the locking gate noted on the map. The bollards shall be located closer to the terminus of the cul-de-sac (Parker Mountain Road), rather than adjacent to Santa Rosa Drive. 2. Pedestrian access shall be provided between Parcels C-4 and CPF-7. Said access shall be indicated on the Precise Plan for the Village 5 Core. 3. Any proposed monumentationlsignage shall be consistent with the Village Design Plan and shall be reviewed and approved by the Planning Director prior to approval of the appropriate final map. 4. In addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each 150 square feet of slope area, one I-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and approved by the Planning Director prior to approval of the appropriate final map. 5. A comprehensive wall plan indicating color, materials, height and location shall be reviewed and approved by the Planning Director prior to approval of any final map. Materials and color used shall be compatible and all walls located in corner side-yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a decorative masonry and/or wrought iron material. A revised acoustical analysis indicating if view fencing, such as a combination of masonry and wrought iron, is allowable at the ends of cul-de-sacs backing up to Telegraph Canyon Road, East Orange Avenue and Paseo Ranchero, shall be prepared prior to submittal of the wall plan indicated above. If such fencing is allowable per the final acoustical analysis it shall be provided at the ends of the following streets: Parker Mountain Road, Geyserville Street, Jamestown Drive, Moss Landing Avenue, Porterville Ct., Firebaugh Ct., Street C4, Bouquet Canyon Drive, Little Lake Street, Strawberry Valley Road, Mendota Street, Pacifica Ct., Santa Delfina Ave., San Dimas Ct., Hanford Ct., Rocklin Ct., Colton Ct., Rincon Point, Santa Inez Ave., Traver Ct., Vernon Ct., Lindsay St., Morgan Hill Dr., Applegate St., Dunsmuir Ct., Grayson Ct., Greenfield Ct., Livingston Ave., Hayford Dr., Fiddletown Dr., Santa Flora Dr., Bull Cyn. Dr., Buckshot Dr., Belena St. and Carmel Ave. View fencing shall be provided at the ends of all other open cul-de- sacs where a sound wall is not required. Any combination free standing/retaining walls shall not exceed 8.5 feet in height. The applicant shall submit a detail and/or cross section of the maximum/minimum conditions for all 'tombination walls" which include retaining and ITee standing walls. Said detail shall be reviewed TMCON.DOC 2 and approved by the Director of Planning prior to the approval of the first final map. The maximum height of all retaining walls shall be 2.5 feet in height when combined with freestanding walls which are six feet in height. A 2-3 foot separation shall be provided between free standing and retaining walls where the combined height would otherwise exceed 8.5 feet. 6. Lots backing or siding onto pedestrian paseos or parks shall be provided with view fencing, such as three feet of wrought iron on top of a three foot masonry wall. 7. Should the applicant propose an amendment to the Otay Ranch General Development Plan to reduce density within the Village Cores at some time in the future, the provision of additional alley product shall be analyzed and considered concurrently with said amendment. 8. The Design Review Committee shall review and approve the elevations of all homes backing and siding onto Telegraph Canyon Road in Neighborhood R-5. 9. A minimum of thirty percent of all 55 x 105 feet lots shall be provided with Hollywood driveways. The Planned Community District Regulations for SPA One shall be modified to reflect said requirement. STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS 1. Dedicate for public use all the public streets shown on the tentative map within the subdivision boundary. 2. Guarantee the construction and/or construct full street improvements for all on-site and off-site streets deemed necessary to provide service to the subject subdivision. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, signs, landscaping, irrigation, fencing and fire hydrants. Street cross sections shall conform to the cross sections shown on the Tentative Map. All other design criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein. Table I indicates the relationship between the Otay Ranch SPA One roadway designations and the approved City designations in the Circulation Element of the General Plan for purposes of determining the appropriate design standards for all street within SPA One. The City Engineer may delay the construction of sidewalks along the off site portions of East Orange Avenue and East Palomar Street west of Paseo Ranchero should those sidewalks not be deemed necessary to provide service to the subject subdivision. 3. Grant to the City fee title to the right-of-way for SR 125. Said right-of-way shall be contained in a lot granted to the City for open space, transportation and other public purposes. The right-of-way shall be granted on the appropriate final map or earlier, by separate instrument, if the SR-125 rreeway TMCON.DOC 3 goes forward and conveyance of the right-of-way is required by the City. Include the maintenance of said lot in an open space district until transferred to the State of California or its designee 4. Install a fully activated traffic signal including interconnect wiring at the following intersections a. East Palomar Street and Paseo Ranchero b. East Palomar Street and La Media Road c. East Palomar Street and East Orange Avenue d East Orange Avenue and Paseo Ranchero e East Orange Avenue and La Media Road Install underground improvements, standards and luminaries with construction of street improvements, and install mast arms, signal heads and associated equipment as determined by the City Engineer. 5. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher classification streets simultaneously with the associated improvement plans. 6. Design all vertical and horizontal curves and intersection sight distances to conform to the CalTrans Highway Design Manual. Sight visibility easements shall be granted as necessary to comply with the requirements in the CalTrans Highway Design Manual. 7. Plant trees within all street parkways which have been selected fj-om the revised list of appropriate tree species described in the Village Design Plan which shall be approved by the Directors of Planning, Parks and Recreation and Public Works. The applicant shall provide root control methods per the requirements of the Parks and Recreation Director and a deep watering irrigation system for the trees. An irrigation system shall be provided fj-om each individual lot to the adjacent parkway. The improvement plans, including final selection of street trees, for the street parkways shall be approved by the Directors of Planning, Parks and Recreation and the City Engineer. 8. Enter into an agreement with the City, prior to approval of the first final map, where the developer agrees to the following: a. Fund and install Chula Vista transit stop facilities when directed by the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the Village Design Plans and approved by the Directors of Planning and Public Works. b Not protest the formation of any future regional benefit assessment district to finance the Light Rail Transit. c. Fund half of the cost of construction of the two pedestrian bridges connecting Villages One to Village Two and Village Five to Village Six. The developer shall also identifY the financing mechanism to be used to fund said cost. TMCON.DOC 4 9. Grant in fee to the City the right-of-way for the Light Rail Transit as indicated on the approved Tentative Map. Said right-of-way shall be contained in lots granted to the City for open space, transportation, and other public purposes. Said lots shall not extend across street intersections unless approved by the City Engineer. Include said lots in an open space district. 10. Guarantee the construction of the pedestrian bridge connecting Village One to Village Five in accordance with improvement plans approved by the City prior to approval of the final map that requires construction of La Media Road between East Palomar Street and East Orange Avenue. The developer shall be solely responsible for the construction of said bridge. 11. In the event the Federal Govemment 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 determined by Federal regulations, only after construction has commenced. 12. Prior to approval of any final map proposing to construct Santa Madera Avenue between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), the developer shall accomplish the following: a. Obtain all permits and agreements with the environmental regulatory agencies required to construct the "Temporary Roadway". b. Obtain a construction permit from the City approving the necessary modifications to the existing improvements in Telegraph Canyon Road including the provision of a fully activated traffic signal as directed by the City Engineer. c. Enter into an agreement with the City where the developer agrees to: 1. Remove to the satisfaction of the City Engineer the "Temporary Roadway" improvements and the modifications to the existing improvements in Telegraph Canyon Road at such time as a permanent road connecting Filmore Street in Village One to East Orange Avenue is opened for public use. 2. Restore the Telegraph Canyon Road improvements and regrade the area to be consistent with the streetscape of Telegraph Canyon Road and the drainage channel as directed by the City Engineer and Director of Parks and Recreation. 3. Install signs as directed by the City Engineer, indicating that the "Temporary Roadway" will be closed once the permanent road connecting Filmore Street in Village One to East Orange Avenue is opened for public use. TMCON.DOC 5 4. Provide a Notice in the any residential disclosure document that the "Temporary Roadway" will be closed once the permanent road connecting Filmore Street in Village One to East Orange Avenue is opened for public use. 5. Provide bonds in the amount determined by the City Engineer to guarantee the removal of the temporary improvements and restoration of the area as directed by the City Engineer and Director of Parks and Recreation Said bonds shall be posted prior to approval of the final map for Phase 7 or any unit thereof 13. Provide the necessary modifications to the existing traffic signals including interconnect wiring at the following intersections: a. Telegraph Canyon Road at St. Claire Drive b. Telegraph Canyon Road at Otay Lakes Road c. Telegraph Canyon Road at Paseo Ranchero Install underground improvements, standards and luminaries with construction of street improvements, and install mast arms, signal heads and associated equipment as determined by the City Engineer. 14. Include the right of way for the proposed "Temporary Roadway" (Santa Madera Avenue between Telegraph Canyon Road and Morgan Hill Drive) in a separate lot. In the appropriate final map, grant said lot in fee to the City for open space, transportation, and other public uses. 15. Guarantee, prior to the approval of a final map for Phase 7 or any unit thereof, the construction of a permanent public road connecting Filmore Street in Village One to East Orange Avenue as depicted on the Tentative Map. This road shall have a right-of-way width of 40 feet and be designed and constructed to City standards for residential streets except that it shall have a width (curb to curb) of26 feet and sidewalk only on one side. 16. Provide 1) twenty feet setback on driveways rrom property line to garage and 2) sectional roll- up type garage doors at all properties rronting on streets where cul-de-sacs are 150 feet or less in length except as provided in the Planned Community District Regulations or approved by the City Engineer and the Planning Director. 17. Not install privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of the installation of sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: a. The developer enters into an agreement with the City where the developer agrees to the following: TMCON.DOC 6 1 . Apply for an encroachment permit for installation of the private facilities within the public right-of-way. 2. Maintain membership in an advance notice such as the USA Dig Alert Service. 3. Mark out any private facilities owned by the developer whenever work is performed in the area. The terms of this agreement shall be binding upon the successors and assigns of the developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities transverse public streets. 18. Grant on the final map containing the proposed connection to EastLake Parkway (between the two existing Otay Water District parcels) a 60-foot wide easement for street right-of-way and other public purposes along said connection. Prior to approval of the same map the developer shall guarantee the construction of the following improvements within said 60-foot wide easement: a. Pedestrian, cart and bicycle improvements as determined by the City Engineer and Planning Director. The improvement plans shall be prepared in such a way as to not preclude the option of providing street improvements for vehicular access in the future. b. Vehicular access improvements to the existing Otay Municipal Water District parcels as determined by the City Engineer and the Otay Municipal Water District. 19. Grant on the final map containing the paseo between Neighborhoods R-8 and R-9 a 60-wide easement for street right-of-way and other public purposes. The paseo improvements shall be constructed within said easement. Prior to approval of the same final map the developer shall accomplish the following: a. Guarantee the construction of the paseo improvements (if public) as directed by the Director of Planning, Director of Parks and Recreation, and City Engineer. b. Enter into an agreement with the City where the developer agrees to construct street improvements for vehicular access within the 60- foot easement in accordance with improvement plans approved by the City Engineer if vehicular access is needed in the future. 20. Include in separate lots the right-of-way required to accommodate the future grade separation at the intersections of (I) Telegraph Canyon and Otay Lakes Road, and (2) East Orange Avenue and TMCON.DOC 7 Paseo Ranchero. These lots shall be granted in fee to the City for Open Space, transportation, and other public purposes on the appropriate final map. 21. Residential Street Condition A as denoted on the cover page of the tentative map is the preferred section and shall be implemented on the majority of all residential streets, excluding the alley product. 22. The applicant shall submit a conceptual design for the bridge connections between Village One and Village Five which indicates materials, height, location, etc. Said design plan shall be reviewed and approved by the Planning Director prior to approval of the final map that requires construction of La Media Road between East Palomar Street and East Orange Avenue. 23. Requested General Waivers 1, 2 and 3 and Specific Waiver 3 are hereby approved. Specific Waivers I and 2 are approved subject to the condition that one-way circulation be provided at the north-south streets adjacent to parks P-4 and P-5, unless otherwise approved by the City Engineer. 24. The applicant shall submit striping, signage and landscape plans for all traffic circles indicated on the tentative map. Said plan shall be reviewed and approved by the City Engineer and the Director of Planning prior to the approval of any final map. 25. Right-of-way for the light rail transit line shall provide for spiral curves as required by MTDB and approved by the City Engineer. . GRADING AND DRAINAGE I. Submit notarized letters of permission to grade for all off-site grading. 2. Submit a list of proposed lots indicating whether the structure will be located on fill, cut or a transition between the two situations unless otherwise approved by the City Engineer. 3. Comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. 4. Provide runoff detention basins or any other facility approved by the City Engineer to reduce the quantity of runoff ITom the development to an amount equal to or less than the present 100-year ITequency runoff 5. Provide 'lis built" improvement and storm drain plans in DXF file format to the satisfaction of the City Engineer. 6. Grant on the appropriate final map a 15 feet minimum drainage and access easement for stormdrain lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. TMCON.DOC 8 7. Prior to approval of (I) the first final map or grading permit for land draining into the Poggi Canyon or (2) the first final map or grading permit which requires construction of Santa Madera between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), the developer shall: a. Guarantee the construction of the applicable drainage facility, as follows I. Runoff detentionldesilting basin and naturalized channel in Poggi Canyon; or 2. Runoff detention Basin in Telegraph Canyon Channel The developer shall be responsible for obtaining all permits and agreements with the environmental regulatory agencies required to perform this work. b. Prepare a maintenance program including a schedule, estimate of cost, operations manual and a financing mechanism for the maintenance of the applicable facilities. Said program shall be subject to approval of the City Engineer, the Director of Parks and Recreation, and the applicable environmental agencies. c. Enter into an agreement with the City of Chula Vista and the applicable environmental agencies (Fish and Game, Fish and Wlldlife) wherein the parties agree to implement the maintenance program. d. Enter into an agreement with the City where the developer agrees to the following: 1. Provide for the maintenance of the proposed detention basin in Telegraph Canyon and the proposed naturalized channel and detention basin in Poggi Canyon until such time as maintenance of such facilities is assumed by the City or an open space district. 2. Provide for the removal of siltation in the Telegraph and Poggi Canyon Channels (including detention basins) until all upstream grading within the development is completed and erosion protection planting is adequately established as determined by the City Engineer and Director of Parks and Recreation. 3. Provide for the removal of any siltation in the Telegraph and Poggi Canyon Channels (including detention basins) attributable to the development for a minimum period offive years after maintenance of the facility is assumed by the City or an open space district. 8. Enter into an agreement with the City, prior to approval of the first final map or grading permit for land draining into the existing Telegraph Canyon Channel, where the developer agrees to perform the following activities within the portion of said existing channel extending ITom Paseo Ladera to the eastern subdivision boundary: TMCON.DOC 9 a Provide for the removal of siltation until all upstream grading within the development is completed and erosion protection planting is adequately established as determined by the City Engineer and Director of Parks and Recreation b. Provide for the removal of any siltation attributable to the development for a minimum period of five years after maintenance of the channel is assumed by the City or an open space district. 9. Ensure that brow channels and ditches emanating ITom and/or running through City Open Space are not routed through private property and vice versa. 10. Provide a graded access (12 feet minimum width) and access easements as required by the City Engineer to all public storm drain structures including inlet and outlet structures. Improved access as determined by the City Engineer shall be provided to public drainage structures located in the rear yard of any residential lot. 11. Provide a protective fencing system around (1) the proposed detention basins at Telegraph Canyon and Poggi Canyon, and (2) inlets and outlets of storm drain structures, as directed by the City Engineer. The final design and types of construction materials shall be subject to approval of the Director of Planning and City Engineer. 12. Designate all drainage facilities draining private property to the point of connection with public facilities as private. 13. Provide a 6 inch thick concrete access road to the bottom of the proposed detention basins. This access shall have a minimum width of 12 feet, a maximum slope of 8%, and a heavy broom finish on the ramp as directed by the City Engineer. 14. Obtain a Letter of Map Revision (LOMR) ITom the Federal Emergency Management Agency revising the current National Flood Insurance Program maps of the Telegraph Canyon Channel to reflect the effect of the proposed drainage improvements. The LOMR shall be completed prior to acceptance by the City of the proposed detention facility. 15. Provide graded maintenance access roads along both sides of the proposed onsite and off site portions of the Poggi Canyon Channel. The width of said roads shall be 12 feet unless otherwise approved by the City Engineer. The final dimensions and location of the access roads shall be as determined by the City Engineer. 16. Obtain, prior to approval of the first final map, the approval of the Director of Public Works to any amendment necessary to make the Master Drainage plan consistent with the approved Tentative Map. TMCON.DOC 10 17. Install a fence along those portions of (I) the existing maintenance access roads along the Telegraph Canyon Channel, and (2) the proposed maintenance access roads of the Poggi Canyon Channel, which are proposed to be incorporated into the Regional Trail System. The fence shall be erected only at those locations where its installation will not interfere with the normal channel maintenance. The specific locations where the fence will be allowed and the fence details shall be as determined by the City Engineer and Director of Parks and Recreation 18. Prepare and obtain approval by the City Engineer, Director of Planning, and Director of Parks and Recreation of an erosion and sedimentation control plan and landscape/irrigation plans as part of the grading plans 19. Landform grading, similar to what has been proposed along Telegraph Canyon Road and consistent with City policy, shall be implemented adjacent to all off-site major roads. 20. Indicate on all affected grading plans that all walls which are to be maintained by open space districts shall be constructed entirely within open space lots dedicated to the City. SEWER 1. Provide an improved access road with a minimum width of 12 feet to all sanitary sewer manholes. The roadway shall be designed for an H-20 wheel load or other loading as approved by the City Engineer. 2. Grant on the appropriate final map a 20 feet minimum sewer and access easement for sewerlines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. PARKS/OPEN SP ACE/WILDLIFE PRESERVATION General 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 I, 000 residents. Local parks are comprised of community parks and neighborhood parks. Pedestrian parks are an integral component of the plan and shall receive partial park credit as defined below. A minimum of two thirds (2 acres/I,OOO residents) of local park requirement shall be satisfied through the provision of turn-key neighborhood and pedestrian parks within SPA One. The remaining requirement (I acre/1,OOO residents) shall be satisfied through the payment offees. 2. All local parks shall be 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 Director of Parks and Recreation. TMCON.DOC 11 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 enter into a Chula Vista standard three party agreement with the City of Chula Vista and design consultant(s), for the design of all aspects of the neighborhood and community parks in accordance with the Master Plan whereby the Parks and Recreation Director selects the design consultant(s). The agreement shall include, but not be limited to, master planning, design development phase, construction document phase and construction supervision phase for the park sites. The construction documents shall reflect the then current requirements of the City's Code/Landscape Manual requirements. 5. 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. 6. 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 the interest accrued by the City on said PAD fees minus the City's cost of processing and administering this reimbursement program. 7. Pedestrian Parks (also known as mini-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 the City wide small park credit criteria which shall be approved by the City Council. 8. Neighborhood Parks: The Applicant shall pay PAD fees based on a formula of2 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 Director of Parks and Recreation, no later than issuance of the building permit for the 500th dwelling unit. The level of amenities required in the first phase of construction of the first neighborhood park shall be determined by the Director of Parks and Recreation 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 Director of Parks and Recreation. The applicant shall complete construction of the first phase of the first neighborhood park within six (6) months of commencing construction of said park. TMCON.DOC 12 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 following completion of construction of the first phase of the first neighborhood park shall there be a deficit in '\:;onstructed neighborhood park" based upon 2 acres/1,OOO residents Applicant agrees that the City may withhold the issuance of building permits should said deficit occur For purposes of this condition, the term '\:;onstructed neighborhood park shall mean that construction of the park has been completed and accepted by the Director of Parks and Recreation as being in compliance with the Park Master Plan, but prior to the mandatory 9-12 month maintenance period. This condition is not intended to supersede any of the City's maintenance guarantee requirements. 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 (part II, Chapter 4) and if improvements constructed within the Town Square receive the approval of the Director of Parks and Recreation. The Applicant shall receive reimbursement of PAD fees should they deliver a turn-key park which has been constructed in accordance with the Parks Master Plan. 9. Community Parks: The Applicant shall pay PAD fees for the Community Park based upon a formula of 1 acre per I, 000 residents, until such time as a turn-key facility has been accepted by the Director of Parks and Recreation. Said turn-key facility is subject to the reimbursement mechanism set forth below. The first Otay Ranch Community Park, to satisfY SPA One demand, shall be located in Village 2 as identified in the GDP. The Applicant shall identifY 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 community park requirement (I acre/I,OOO residents) shall be satisfied through the payment of PAD 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. TMCON.DOC 13 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 Director of Parks and Recreation for maintenance prior to issuance of the building permit for the 3,900th dwelling unit If the Director of Parks and Recreation 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, then the Director of Parks and Recreation shall have the option to utilize the PAD fees for said improvements, or to construct another park facility, east of the 1-805 Freeway within an acceptable service radius of SPA One, as set forth in the GDP. The Applicant shall provide a maintenance period of 9-12 months in accordance with the City ofChula Vista Parks and Recreation Department policy. The Applicant shall receive reimbursement of PAD fees, excluding the cost of construction ofthe all weather access road, for the community park should they deliver a turn-key facility to the City in accordance with the Community Park Master Plan. 10. Trails/Open Space: The first final 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 be based upon the approved Concept and Analysis Plan, the requirements of which are outlined in the City of Chula Vista Landscape Manual and include, but are not limited to elements such as final recreational trail alignments, design criteria, fencing and phasing. All trails shall connect to adjoining existing and/or proposed trails in neighboring development projects, as determined by the Director of Parks and Recreation. The two connector trails from Village Five to Telegraph Canyon Road shall be combined into one traiL The maximum gradient for connector trails shall be 10%, with steeper grades of up to 12% for short runs of 50 feet being permissable. The graded section upon which the connecting trails are constructed shall be 10 feet in width. Six feet shall be provided for the trail bed, with a 2 foot graded shoulder on either side. Landscape and irrigation plans for the transit right-of-way shall be reviewed and approved by the Parks and Recreation Director in conjunction with the landscape plans for East Palomar Street TMCON.DOC 14 11. Communitv Gardens. Community Gardens shall be consistent with the guidelines in the SP A 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 open space water meter to the site(s) in order to facilitate development of the Community Gardens. Community Garden sites shall be consistent with those identified on the tentative map. Maintenance of Community Gardens shall be funded by an Open Space Maintenance District, Homeowner's Association or other funding mechanism approved by the Director of Parks and Recreation and the City Engineer. Community Gardens shall not receive park credit. OPEN SPACE/ASSESSMENTS 1. Prior to the approval of the first final map, the developer shall: a. Submit and obtain approval of the SPA One Open Space Master Plan ITom the Director of Parks and Recreation. The Open Space Master Plan shall be based upon the approved Concept and Analysis Plan, the requirements of which are outlined in the City of Chula Vista Landscape Manual and include but are not limited to elements such as fmal recreational trail alignments and fencing and phasing b.. Request the formation of an Open Space District pursuant to the 1972 Landscaping and Lighting Act for the Otay Valley Parcel of the Otay Ranch. This district shall be formed by the City and approved by Council prior to approval of the first final map. Maintenance of the open space improvements shall be accomplished by the developer for a minimum period of one year or until such time as accepted into the open space district by the Director of Parks and Recreation. c.. Submit a list of all aT A Y RANCH SPA One facilities and other items to be maintained by the proposed district. Separate lists shall be submitted for the improvements and facilities to be maintained by the Open Space District and those to be maintained by a Homeowner's Association. Include a description, quantity and cost per year for the perpetual maintenance of said improvements. These lists shall include but is not limited to the following facilities and improvements: 1. All facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures and landscaping. Each open space lot shall also be broken down by the number of acres of turf, irrigated, and non-irrigated open space to aid in the estimation of a maintenance budget thereof TMCON.DOC 15 2. Medians and parkways along East Orange Avenue (onsite and off site), Paseo Ranchero, La Media Road, East Palomar Street (onsite and offsite) and all other street parkways proposed for maintenance by the open space district or Homeowners' Association. 3. The proposed detention basin in Telegraph Canyon and the fair share of the maintenance of the existing naturalized Telegraph Canyon Channel east of Paseo Ladera. This includes but is not limited to the cost of maintenance and all cost to comply with the Department ofFish and Game and Corps of Engineers permit requirements. 4. The proposed detention basin and naturalized channel in Poggi Canyon. This includes but is not limited to the cost of maintenance and all cost to comply with the Department of Fish and Game and the Corps of Engineers permit requirements. 5. Community Gardens 6. Pedestrian Bridges. 7. The fair share of the maintenance of the median and parkways along that portion of Telegraph Canyon Road adjoining the development. 8. All proposed facilities and improvements (excepting street improvements) within the 60-foot wide easement to be dedicated to the City for right-of-way at the following locations: (I) between Neighborhoods R-8 and R-9, and (2) at the proposed connection to EastLake Parkway (between the two Otay Water District Parcels. d. Submit an initial deposit of $15,000 to begin the process the formation of the open space district. All costs off ormation and other costs associated with the processing of the open space relating to this project shall be borne by the developer. e. Provide all the necessary information and materials (e.g., exhibits, diagrams, etc.) as determined by the City Engineer to prepare the engineer's report for the proposed open space district. 2. Include in the CC&Rs, if applicable, the obligation of the Homeowners' Association to maintain all the facilities and improvements within the open space lots rejected by the City. 3. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the length of any wall abutting an open space district lot, as measured from face-of-wall to beginning of slope, said area as approved by the City Engineer and the Director of Parks and Recreation. TMCON.DOC 16 4. Ensure that all buyers oflots adjoining open space lots containing walls maintained by the open space district sign a statement, when purchasing their homes, stipulating that they are aware that the walls are on City property and that they shall not modifY or supplement the wall or encroach onto City property. These restrictions shall also be incorporated in the CC&Rs for each lot. 5. Agree to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within and adjacent to the subject subdivision. 6. Grant in fee to the City on the appropriate final map, all open space lots shown on the tentative map and execute and record a deed for each of the lots to be maintained by the City through the open space district. Provide on the final map a certificate, pursuant to section 66477.2(a) of the Subdivision Map Act, rejecting those open space lots to be maintained by the Homeowner's Association. 7. Provide documentation, prior to the approval of the first final map, to the Director of Planning and the City Engineer that an annexable Mello-Roos District, or other financing mechanism approved by the Sweetwater High School District and the Chula Vista Elementary School District has been established to provide for construction of schools. 8. 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. The developer shall receive 100% credits towards future PFDIF fees for funding this update. Provide a deposit of $20,000 to begin this process. All cost of revising the PFDIF shall be borne by the developer. WATER 1. Provide to the City a letter !Tom Otay Municipal Water District indicating that the assessmentslbonded indebtedness for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the parcel(s). 2. Present verification to the City Engineer in a form of a letter !Tom Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. EASEMENTS 1. Grant to the City a 10' wide easement for general utility purposes along public street ITontage of all open space lots offered for dedication to the City unless otherwise approved by the City Engineer. 2. Indicate on the final map a reservation of easements to the future Homeowners' Association for private storm drain and private sewer facilities within open space lots as directed by the City Engineer. TMCON.DOC 17 3. Obtain, prior to approval of the associated final map, all off-site right-of-way necessary for the installation of the required improvements. The developer shall also provide easements for all on-site and off-site public drainage facilities, sewers, maintenance roads, and any other public facilities necessary to provide service to the subject subdivision 4. NotifY the City at least 60 days prior to consideration of the final map by City if off-site right- of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the developer shall: a. Pay the full cost of acquiring off-site right-of-way or easements required by the Conditions of Approval of the tentative map. b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. Said estimate to be approved by the City Engineer. c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. d Requests that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the tentative map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. The requirements of a, b, and c above shall be accomplished prior to the approval of the appropriate Final Map. All off-site requirements which fall under the purview of Section 66462.5 of the State Subdivision Map Act will be waived in accordance with that section of the Act if the City does not comply with the 120 day limitation specified in that section. 5. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any final map that proposes private utilities or drainage facilities crossing property lines as directed by the City Engineer. 6. Grant to City on the appropriate final map two foot access easements along the rear and side property line of lots adjoining walls to be maintained by the open space district. The locations of these easements shall be as required by the Director of Parks and Recreation and the City Engineer to provide adequate access for maintenance of said walls. AGREEMENTS~ANCML TMCON.DOC 18 l. Agree that the City may withhold building permits for the subject subdivision if anyone of the following occur a. Regional development threshold limits set by the adopted East Chula Vista Transportation Phasing Plan have been reached. b. Traffic volumes, levels of service, public utilities and/or services exceed the threshold standards in the then effective Growth Management Ordinance. c. The applicant does not comply with the terms of the Reserve Fund Program. 2. Agree 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 facilities, as identified in the PFFP or as amended by the Annual Monitoring Program, have not been completed. 3. Agree to defend, indemnifY and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 4. Agree to hold the City harmless ITom any liability for erosion, siltation or increase flow of drainage resulting ITom this project. 5. Agree to ensure that all ITanchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those rranchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the ITanchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may rrom time to time be issued by the City ofChula Vista. 6. Agree to include in the Articles of Incorporation or Charter for the Homeowners' Association (HOA) provisions prohibiting the HOA ITom dedicating or conveying for public streets, land used for private streets without approval of 100% of all the HOA members. 7. Enter into an agreement with the City prior to approval of the first final map, where the developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). TMCON.DOC 19 b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of correctional facilities. 8. In order to satisfY the SPA One tentative map condition for the Telegraph Canyon Estates Project affordable housing requirement, the applicant shall dedicate three (3) acres of buildable land acceptable to the City within either Village One or Village Five of SPA One. Such condition shall require that the existing agreement for Telegraph Canyon Estates adopted by Resolution #17737 be amended to state that the required dedication of three (3) acres of buildable land be in either Village One or Village Five of SP A One. 9. Prior to approval of the first final map (including any superblock, or financial final map) within SPA One, and consistent with the City's Housing Element, Ranch-Wide and SPA One Affordable Housing Plans, the applicant shall enter into and execute with the City an Affordable Housing Agreement ('SPA One Affordable Housing Agreement') containing, but not limited to, the following provisions: I) the obligation to provide the total number of low and moderate income units required under the City's Affordable Housing Program, based on the number of dwelling units contained within the Master Tentative Map for SPA One; 2.) identifY the overall number of dwelling units within the Master Tentative Map for which the applicant can receive final map approval prior to the applicant selecting and guaranteeing, to the City's satisfaction, final affordable housing site(s); 3.) the number of dwelling units within the master tentative map area which can receive building permit authorizations prior to the applicant obtaining building permits for a specified number of the required low income units; and 4.) a description of what information must be provided in subsequent Project Level Affordable Housing Agreements. The terms and conditions of the SPA One Affordable Housing Agreement is hereby made a part of this Resolution, and is considered to be an attachment hereto. 10. The Applicant shall pay, prior to approval of the first final map, their fair share of a collaborative study analyzing local park needs for the area east of the 1-805 Freeway. SCHOOLS 1. The applicant shall prepare and submit an application for an amendment to the Otay Ranch General Development Plan replacing the Village Seven High School location with a site in either the area west of Paseo Ranchero in Village One or the northern portion of Village Two. The City shall not issue building permits for more than 1,400 units within SPA One until the City has acted on the proposed plan amendment unless the District consents to the further issuance of such permits. 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 2,650th building permit (504 students) or upon written request by the District not prior to 1,800 permits 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. TMCON.DOC 20 2. 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. 3. 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. 4. 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 4,500th residential building permit (1,350 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. MISCELLANEOUS 1. Include in the Declaration of Covenants, Conditions and Restrictions (CC&Rs) provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. The City of Chula Vista shall be named as party to said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. The CC&R's shall also include language which states that any dedication or conveyance for public purposes of land used for private streets will require prior written approval of 100"10 of all the Homeowners' Association members. 2. Submit copies of Final Maps and improvement plans in a digital format such as (DXF) graphic file prior to approval of each Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 5-1/4" HD or 3-1/2" disks prior to the approval of each Final Map. 3. Tie the boundary of the subdivision to the Califomia System -Zone VI (1983). 4. The developer may file a master final map 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 blocks lots created shall have access to a dedicated public street. Bonds in the amounts determined by the City Engineer shall be posted prior to approval of a master final map. Said master final map shall not be considered the first final map as indicated TMCON.DOC 21 in other conditions of approval unless said map contains single or multiple family lots shown on the tentative map. 5. Signage shall be provided at Bouquet Canyon Drive and the pedestrian paseo in Village Five and at Stanislaus Drive and the pedestrian paseo in Village One which alerts motorists to a pedestrian mid-block crossing. A signage plan indicating the location and content of said signs shall be reviewed and approved by the Planning Director prior to approval of the appropriate final map. 6. 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. 7. 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 ofOtay 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. 8. The owners of each Village shall be responsible for retaining a project manager to coordinate the processing of discretionary permit applications originating rrom the private sector and submitted to the City of Chula Vista. The project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well rounded educational background and experience, including but not limited to land use planning and architecture. 9. The applicant shall comply with all requirements and guidelines of the Parks, Recreation Open Space and Trails Plan, Public Facilities Financing 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. 10. The applicant shall submit copies of any proposed C.C. and R's for review and approval by the Director of Planning and the City Engineer prior to approval of each final map. II. The applicant shall convey fee title, or upon the consent of the paM and any lien holder, an easement restricting use of the land to those permitted by the RMP, to the paM upon the recordation of each final map for an amount of land equal to the final map's obligation to convey land to the Preserve. Where an easement is conveyed, the Applicant shall be required to provide subordination of any prior lien holders in order to ensure that the paM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Applicant shall convey fee title. Where fee title or an easement is conveyed, the subdivider shall execute a maintenance agreement with the paM stating TMCON.DOC 22 that it is the responsibility of the Applicant to maintain the conveyed parcel until the Habitat Maintenance District has generated sufficient revenues to enable the paM to assume maintenance responsibilities. Where an easement is granted, fee title shall be granted upon demand by the paM. 12. Fully accessible handicap access shall be provided at the ends of the following cul-de-sacs: Artesia Street, Glendora Court, Calistoga Avenue, Monte Sereno Avenue, Antioch Avenue, Coalinga Court, Westmoreland Street, Cordelia Street, Iowa Hill Court, Live Oak Street, Marion Court, Lodi Court, Larkspur Court, Bull Canyon Drive, Buckshot Drive, Santa Lucia Road, Bellena Street, Parker Mountain Road, Geyserville Street, Escalon Court, Sheep Ranch, Pearson Springs Drive, Polo Peak Road, Tuscan Springs Drive, Meeks Bay Drive, Little Lake Street, Harrills Mill Avenue and Volcano Creek Road. Access via stairs shall be provided at the ends of the following cul-de-sacs: Stanislaus Drive, Amador Street, Woodsford Court, Lockeport Court, Clovis Court, Millbrae Court, Mayfield Court, Cache Creek Road, Jedediah Road, Kingsburg Avenue and Lassen Peak Street 13. The CPF-2 site located within Village One, shall be considered a floating designation and shall be located in Neighborhood R-15. Project design for this site will be submitted, reviewed and approved by the Director of Planning concurrently with the Precise Plan for this area. PHASING 1. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch GDP, the Applicant shall prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 2. 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: I) 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 TMCON.DOC 23 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 I I 50th building permit and shall be submitted for approval by the Planning Director and City Engineer prior to the issuance of the 1,40lst building permit. 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. 3. If phasing is proposed within an individual map or through multiple final maps, the developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of any final map. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning. The City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Planning Director may, at their discretion, modifY the sequence of improvement construction should conditions change to warrant such a revision. 4. The Public Facilities Finance Plan or revisions hereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area.. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP (i.e., the development ofEastLake ill). Neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modifY the sequence of improvement construction should conditions change to warrant such a revision. The SPA One PFFP, at Applicant's expense subject to a Reimbursement Agreement, shall be updated not later than six (6) months after approval of a PFFP for the EastLake ill GDP Area, and the conclusions of such update, including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and final maps CODE REQUIREMENTS TMCON.DOC 24 I. 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 of Chula Vista Subdivision Ordinance and Subdivision Manual. 2. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 3. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to_sewer connection fees. d. Interim SR-125 impact fee e. Telegraph Canyon Sewer Basin DIF. f Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future. g. Telegraph Canyon Basin Drainage DIF. h. Reimbursement District for Telegraph Canyon Road Phase 2 Undergrounding. Pay the amount of said fees in effect at the time of issuance of building permits. 4. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 5. Ensure that prospective purchasers sign a ''Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit disclosure form for approval by the City Engineer prior to Final Map approval. 6. Comply with Council Policy No. 570-03 if pump stations for sewer purposes are proposed. 7. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 8. The applicant shall comply with all aspects of the City ofChula Vista Landscape Manual. 9. 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 TMCON.DOC 25 but is not limited to threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (1909.100). 10. Upon submittal of building plans for small lot single family (5,000 square feet or less as defined in the City of Chula Vista Design Manual) residential development, plans shall clearly indicate that 750 square feet of private open space will be provided. II. The applicant shall apply for and receive a take permit from the appropriate resource agencies or comply with an approved MSCP or other equivalent 10(a) permit applicable to the property. 12. All proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. GATED AREAS 1. Any gates proposed on the tentative tract map are not considered to be approved unless and until specifically approved by the City Council. 2. Parks located within gated areas shall not receive park credit. 3. Include all private streets in separate lots. Provide on the Final Map a certificate granting to the City a public utility easement over the entire private street lots. 4. Designate all streets within gated communities as private. Design of said streets shall meet the City standards for public streets unless otherwise approved by the City Engineer. Private street cross sections shall conform to those shown on the Tentative Map. 5. Provide at all private streets with controlled access, the following features: a. Gates as approved by the City Engineer and the Planning Director. Gates shall be located to provide sufficient room on the private roadway to queue without interrupting traffic on public streets. b. A turn around at the location of the gate. The size and location of said turn around shall be approved by the City Engineer. c. A border between public street and private street delineated through the use of distinctive pavements. d. Provisions shall be made for emergency vehicle access as directed by the Police Chief and Fire Marshall, including but not limited to proposals for staffing, 'bpticon" or keypad system. TMCON.DOC 26 e. A dedicated parking space for the gate attendant 6. Include the right-of-way for any private portion of the 'Temporary Roadway" (Santa Madera Avenue between Telegraph Canyon Road and Morgan Hill Drive) in a separate lot. In the appropriate final map, grant said lot in fee to the City for open space and other public uses and include language in the City's Clerk Statement rejecting said lot and noting that Section 66477.2(a) of the Subdivision Map Act provides that an offer of dedication shall remain open and subject to future acceptance by the City. The City Clerk's Statement shall also indicate that the Council action rejecting the lot will be rescinded and the open space lot accepted at such time as a public road connecting Filmore Street in Village One to East Orange Avenue is opened for public use. TMCON.DOC 27 COMPARISON OF OTAY RANCH STREET CLASSIFICATIONS TO CITY STREET CLASSIFICATIONS FOR DETERMINATION OF DESIGN STANDARDS TO BE UTILIZED IN TENTATIVE MAP AND IMPROVEMENT PLAN PREPARATION FOR DTAY 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 Residential A and B Residential Alley Alley Standards Exhibit A RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TENTATIVE SUBDIVISION MAP FOR OTAY RANCH SPA ONE, CHULA VISTA TRACT 96-04, AND MAKING THE NECESSARY FINDINGS, RECERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT FEIR 95-01 (SCH # 94101046 and 95021012) AND READOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THEFEIR WHEREAS, the property which is the subject matter of this resolution is identified and described on Chula Vista Tract 96-04 and is commonly known as Otay Ranch Sectional Planning Area (SPA) One ("Property"), and; WHEREAS, The Baldwin Company filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as Otay Ranch SPA One, Chula Vista Tract 96-04, with the Planning Department of the City of Chula Vista on December 6, 1995 ("Project"), and; WHEREAS, said application requested the approval for the subdivision of approximately 1,061.2 acres located south of Telegraph Canyon Road between Paseo Ranchero and the future alignment of SR-125 into 5,573 residential lots, 228.5 ac. of open space, two 10 ac. school sites and one proposed for the area west of Pas eo Ranchero, 43.9 ac. of neighborhood parks and 28.3 ac. of community purpose facility lots, and; WHEREAS, the development of the Property has been the subject matter of a General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 and as amended on April 30, 1996 by Resolution No. 17298 and Resolution No. _ ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH # 89010154 ("Program EIR 90-0 I "), and; WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Plan ("SPA Plan") previously approved by the City Council on April 30, 1996 by Resolution No. ("SPA Plan Resolution") wherein the City Counci~ in the environmental evaluation of said SPA Plan, relied in part on the Otay Ranch SPA Plan Final Environmental Impact Report No. 95-01, SCH # 94101046 and 95021012 ("FEIR 95-01"), and; WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under Program EIR 90-01 and FEIR 95-01 that is virtually identical in all relevant respects, including lot size, lot numbers, lot configurations, transportation corridors, etc., to the project descriptions in said former environmental evaluations, and; Resolution No. Page 2 WHEREAS, the City Environmental Review Coordinator has reviewed the proposed Tentative Map and determined that it is in substantial conformance with the SPA Plan, therefore, no new environmental documents are necessary, and; WHEREAS, the Planning Commission held an advertised public hearing on said project on April 24, 1996 and recertified FElR 95-01, voted to recommend that the City Council approve the Tentative Map in accordance with the findings and conditions listed below and readopted the Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program, and; WHEREAS, the City Council set the time and place for a hearing on said tentative subdivision map application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 1,000 feet of the exterior boundaries of the property at least ten days prior to the hearing, and; WHEREAS, the hearing was held at the time and place as advertised on May 14, 1996 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, THE CITY COUNCIL finds, determines and resolves as follows: SECTION I. CEQA Finding re Previously Examined Effects The City Council hereby finds that the Project, as a later activity to that evaluated in the Program EIR 90-01 and FEIR 95-01, would have no new effects that were not examined in the preceding Program EIR 90-01 and FEIR 95-01 (Guideline 15168 (c)(1)), and; SECTION 2. CEQA Finding re Project within Scope of Prior Program EIR The City Council hereby finds that: 1. there were no changes in the project rrom the Program EIR and the FEIR which would require revisions of said reports; 2. no substantial changes have occurred with respect to the circumstances under which the project is undertaken since the previous reports; 3. and no new information of substantial importance to the project has become available since the issuance and approval of the prior reports; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the Program EIR and FEIR, and, therefore, no new environmental documents are required (Guideline 15168 (c)(2)), and; SECTION 3. Incorporation of All Feasible Mitigation Measures and Alternatives The City does hereby adopt and incorporate herein as conditions for all approvals herein granted all mitigation measures and alternatives, if any, which it has determined, by the findings made in the GDP Resolution and the SPA Resolution, to be feasible in the approval of the General Development Plan and the SPA Plan, respectively, and; C\CCRESO.DOC Resolution No. Page 3 SECTION 4. Notice with Later Activities The City Council does hereby give notice, to the extent required by law, that this Project is an activity within the scope of the program approved earlier in the GDP Resolution and the SPA Plan Resolution, and the Final EIR adequately describes the activity for the purposes of CEQA (Guideline 15168 (e)). SECTION 5. General Plan Findings--Conformance to the General Plan Pursuant to Government Code Section 66473.5 in the Subdivision Map Act, the tentative subdivision map as conditioned herein for Otay Ranch SPA One, Chula Vista Tract 96-04, is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Sectional Planning Area Plan based on the following: a. Land Use - The Project is a planned community which provides a variety of land uses and residential densities ranging between _ and 36.8 dwelling units per acre. The project is also consistent with General Plan policies related to grading and landforms. b. Circulation - All of the on-site and off-site public and private streets required to serve the subdivision consist of Circulation Element roads and local streets in locations required by said Element. The Applicant shall construct those facilities in accordance with City standards or pay in-lieu fees in accordance with the Transportation Development Impact Fee program. c. Housing - The Applicant is required to enter into an agreement with the City to provide and implement a low and moderate income program within the Project prior to the approval of any Final Map for the Project. d. Parks and Recreation - The Project will provide a 25 acre (gross) community park, 43.9 acre (gross) neighborhood parks and the payment of PAD fees or additional improvements as approved by the Director of Parks and Recreation. In addition, a recreational trail systems will be provided throughout the Project, ultimately connecting with other open space areas and trail systems in the region. e. Conservation and Open Space - The Project provides 228.5 acres of open space, 21.5% of the total 1,061.2 acres. A program to preserve 83% of slopes greater than 25% has been established ranch-wide and is detailed in the recirculated DEIR 95-01. f Seismic Safety - No seismic faults have been identified in the vicinity of the Project g. Public Safety - All public and private facilities are expected to be reachable within the threshold response times for fire and police services. h. Public Facilities - The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to C:\CCRESo.DOC Resolution No. Page 4 the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major project in the eastern territories. 1. Noise - The Project will include noise attenuation walls as required by an acoustic study dated June 6, 1995 prepared for the Project. In addition, all units are required to meet the standards of the UBC with regard to acceptable interior noise levels. J. Scenic Highway - The roadway design provides wide landscaped buffers along the two scenic highways, Telegraph Canyon Road and East Orange Avenue (Olympic Parkway). k. Bicycle Routes - Bicycle paths are provided throughout the Project. I. Public Buildings - The Project provides three elementary school sites and one high school site to serve the area. One elementary school site and the high school site will be off-site of the project. The project will also be subject to Public Facilities Development Impact Fees. SECTION 6. Subdivision Map Act Findings A. Balance of Housing Needs and Public Service Needs. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. The development will provide for a variety of housing types rrom single family detached homes to attached single-family and multiple-family housing and will provide low and moderate priced housing consistent with regional goals. B. Opportunities for Natural Heating and Cooling Incorporated. The configuration, orientation and topography of the site partially allows for the optimum siting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. C. Finding re Suitability for Residential Development. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. SECTION 7. Conditional Approval of Tentative Subdivision Map The City Council does hereby approve, subject to the following conditions, the tentative subdivision map for Otay Ranch SPA One, Chula Vista Tract 96-04 (unless otherwise C:\CCRESO.DOC Resolution No. Page 5 specified, all Conditions and Code Requirements shall be fully completed to the City's satisfaction prior to the approval of the first Final Map. Unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title). SECTION 8. CEQA Findings (1) Re-adoption of Findings The Council does hereby re-approve, accept as its own and re-incorporate, as if set forth full herein, and make each and every one of the CEQA Findings attached hereto as Exhibit (2) Certain Mitigation Measures Feasible and Re-adopted As more fully identified and set forth in the Program EIR and the FEIR and in the CEQA Findings for this Project, which is hereby attached hereto as Exhibit --' the Council hereby finds that, pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, the mitigation measures described in the above referenced documents are feasible and will become binding upon the appropriate entity such as the Applicant, the City or other special districts which has to implement these specific mitigation measures. (3) Feasibility of Alternatives As is also noted in the environmental documents referenced in the immediately preceding paragraph, alternatives to the Project, which were identified as potentially feasible, are hereby found not to be feasible. (4) Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081.6, City Council hereby re- adopts the Mitigation Monitoring and Reporting Program ("Program") set forth as Exhibit _ to this resolution and incorporated herein by reference as set forth in full. The City Council finds that the Program is designed to ensure that, during the Project implementation and operation, the Applicant and other responsible parties implement the Project components and comply with the feasible mitigation measures identified in the Findings and in the Program. (5) Statement of Overriding Considerations Even after the re-adoption of all feasible mitigation measures, certain significant or potentially significant environmental affects caused by the Project or cumulatively will remain. Therefore, the City Council of the City of Chula Vista re-issues, pursuant to CEQA Guidelines Section 15093, as set forth and attached hereto, a Statement of Overriding Considerations identifYing the specific economic, social and other C:\CCRESO.DOC Resolution No. Page 6 considerations that render the unavoidable significant adverse environmental effects still significant but acceptable. SECTION 9. Notice of Determination City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. Presented by: Approved as to form by: Gerald 1. J amriska Special Planning Projects Manager Bruce M. Boogaard City Attorney Attachments: Exhibit Exhibit Exhibit C:\CCRESO.DOC Resolution No. Page 7 PASSED, APPROVED and ADOPTED by the City Council of the City ofChula Vista, California, this May 14, 1996, by the following vote: YES NOES ABSENT Shirley Horton, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certifY that the foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a City Council meeting held on the 14th day of May, 1996. Executed this 14th day of May, 1996. Beverly A. 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