HomeMy WebLinkAboutPlanning Comm Reports 2004/09/22 (3)
PLANNING COMMISSION AGENDA STATEMENT
Item:
Meeting Date: 09/22104
2-
ITEM TITLE:
PUBLIC HEARING: PCM 04-05; Consideration of a Sectional Plarming
Area (SPA) Plan and supporting regulatory documents including Plarmed
Community District Regulations, Village Design Plan, Public Facilities
Finance Plan and Affordable Housing Program involving approximately 303
acres of land comprising a portion of Otay Ranch, Village 7, located
between the future extension of La Media Road and the alignment of SR-
125, south of Birch Road, within the Otay Valley Parcel.
Applicants: McMillin Otay Ranch, LLC and Otay Ranch Project LC
McMillin Otay Ranch LLC, has submitted an application, subsequently joined by Otay Ranch
Project LC, requesting approval of a new Sectional Planning Area (SPA) Plan and associated
regulatory documents for Village 7,
ENVIRONMENTAL REVIEW:
The City's Environmental Review Coordinator has reviewed the Project and determined that the
Project would result in a significant impact to the environment; therefore, a Second-Tier
Environmental Impact Report (EIR #04-06; SCH# 2003111050) has been prepared. Certification
of the Second-Tier Environmental Impact Report for this project (EIR 04-06) will be considered
by the Planning Commission.
RECOMMENDATION:
That the Planning Commission adopt Resolution No, PCM-04-05, recommending that the City
Council,
1. Approve the Village 7 Sectional Plarming Area (SPA) Plan and supporting regulatory
documents including the Village Design Plan, Public Facilities Financing Plan, Affordable
Housing Program, Air Quality Improvement Plan, Water Conservation Plan, Non-Renewable
Energy Conservation Plan and Park, Recreation, Open Space and Trails Plan, and,
2. Adopt an Ordinance to approve Plarmed Community District Regulations in accordance with
the findings and subject to the conditions contained therein,
BOARDS/COMMISSIONS RECOMMENDA nON:
The Resource Conservation Commission reviewed the draft Environmental Impact Report on
July 19, 2004. The Planning Commission reviewed the Draft Environmental Impact Report on
July 28, 2004, Recommendations and actions from those reviews are discussed in the agenda
item related to the Environmental Impact Report.
Page 2, Item:__
Meeting Date: 09/))/04
BACKGROUND:
1 nrntinn and Fri\'fing Silp rhnrnrfp.rif\tir~
The site subject to this application lies adjacent and west of the route ofSR-125. It is bounded
on the north by Birch Road, across which lies Village 6, The western boundary of Village 7 is
the future extension of La Media, across which lie, from north to south, Village 3, the head of
Wolf Canyon, and Village 4, Within Village 7, but not subject to the application, are the
ownerships of the HomeFed (Otay Land Company) and the Stephen and Mary Birch Foundation,
representing about 71 acres and lying southerly of a straight property boundary. Also not subject
of the application is the approximately 50-acre VORTAC site of the Federal Aviation
Administration. The VORTAC site is located near and above the frontage of La Media, and
contains the highest elevation point within the GDP village,
The portion of Village 7 subject to the application consists of 303 acres of rolling topography
with two primary drainages, one of which is an extension above Wolf Canyon and the second of
which drains to Otay Valley,
Kl'Y F'Pflt1Jrp.,\ and T'\'\1Jp.~' Arldrp,\,\p.rl hy thp. Plan
The Village 7 SPA is distinguished from other SPA proposals that have been made or are under
consideration within Otay Ranch on the basis of the following key features and issues addressed:
o Processing Scheollle Driven hy the Neeo for High School #11. In meetings on August 19, and
December 16, 2003 the City Council approved a work program and schedule for the Village 7
SPA designed to respond to the processing schedule of the Sweetwater Union High School
District (SUHSD) to select a site for High School #13. SUHSD independently evaluated site
alternatives and conducted environmental analysis for a site in the southeast quadrant of Village
7. On August 16,2004 the SUHSD Board certified a Final Environmental Impact Report and
selected the southeastern Village 7 site for acquisition as High School #13, By moving
forward on an expedited schedule to complete the processing of this SPA application, City staff
and the project applicants have prepared the necessary entitlement documents which will allow
the private developers to extend public facilities and deliver a graded site to the SUHSD on a
schedule to meet the District's needs,
o SPA Proposeo is in ~ompli"nce with the (;pner"1 Development Pl"n. Most SPAs processed
within Otay Ranch have had some form of amendment to the GDP associated and processed
with them. In the case of this SPA application, however, the land use, dwelling unit counts,
road alignments and public facilities proposed by this application are intended to be fully
compliant with the Otay Ranch General Development Plan as presently adopted. A more
complete discussion and comparison of the SPA proposal with the GDP is found below. In
addition, the areas contained within the proposed SPA approval are not among the 'areas of
2
Page 3, Item:__
Meeting Date: 090)/04
change' that have been studied as part of the City's present General Plan update, Thus, the SPA
would also be compliant with the future General Plan, based on land uses being studied within
the update.
o Open Spo~p Grppnhelt Feotnrp The primary distinction of Village 7 within the Otay Ranch
General Development Plan is the requirement for a transitional open space feature to connect
from the upper reaches of Wolf Canyon at La Media, through the middle of the village to an
undercrossing at SR-125, leading to the Eastern Urban Center. The SPA fully realizes this
objective, The generalized grading and landscape proposals within the SPA document
demonstrate how this transitional open space feature functions and responds to the substantial
grade differences between the end points at La Media and SR -125,
o Mn1tiple Property Owner Porti~ipotion The Village 7 SPA has been produced out of
collaboration between the two applicant-property owners. The result has been concurrent
processing of the SPA and subdivisions within the two ownerships. A third property owner, the
HomeFed (Otay Land Company), has been actively involved in team meetings and consulted
during the SPA preparation process, and in turn has valuably contributed to resolving several
issues related to final grades and alignments, In addition, SUHSD has had representation at
meetings with the City and applicant teams, in order to facilitate understanding between the
agencies as to the progress of their separate plarming processes.
o ron~nrrent Pro~e"ine: During the processing of the SPA documents, work has proceeded and
processing has been completed for two subdivisions comprising the SPA approval area. While
not representing the usual linear planning process, the concurrent work has resolved a number
of issues within all of the entitlements to produce a cohesive village and subdivision plan, The
SPA rests on refinements due to the studies and analysis completed within the subdivision
process, Further, concurrency has allowed discussion and review of the edges between
ownerships, That Jine is formed by Magdalena, The horizontal and vertical alignment of the
street has been selected to optimize the both the fit and the independent development capability
of the two subdivisions. From the standpoint of the SPA, this resolves any concern that a
theoretical match might not otherwise have occurred,
o SPA PIon for 0 Portion of 0 VilloCe As mentioned previously, the Village 7 SPA proposes
SPA-level approval for the majority, but not all, of the village, The proposed SPA would
extend to the ownerships of the two applicant landowners. Residential dwellings and uses have
been apportioned with the consent of the applicants. The remaining uses and facilities called
out for Village 7 within the GDP are reserved for future applications and SPA-level entitlement
processing. Considerable adaptability as to the particular location of uses has been retained in
the proposed design, This will also accommodate changes that might be brought about by the
amendment of the General Development Plan and the General Plan Update, both of which are
currently in progress,
Page 4, Item:__
Meeting Date: 09/??/O4
o Rdin~m~nt ofVill~r:~ PI~nnin8 Princirl~, Each new village within Otay Ranch has brought
about refinement of the town planning principles. Much of the SPA, the Planned Community
District Regulations, and the Village Design Plan for Village 7 are adapted from the previous
approval of Village 6. Discussion of refinements to these regulations and concurrent processing
of the subdivisions within the SPA area has resulted in very well planned village that continues
the evolution of planning standards which has come to characterize the SPA's ofOtay Ranch,
Village 7 is comprised of pedestrian-friendly grid street system, a mix of innovative housing
types making prominent use of alley access, private recreation areas, a functional and well
designed open space corridor, and centrally located neighborhood park and school facilities.
o VORT Ar: ~nci FAA r:on,ici~r~tion'. Planning entitlements within Village 7 must
accommodate the Federal Aviation Administration's VORTAC facility, in two ways. First,
facilities and buildings may be subject to review based on their height and distance
relationship from the facility based on Federal standards to maintain its operational
capability. Secondly, grading for development and aesthetic purposes must account for
appropriate transitions to natural grade within the VORTAC site, in some instances requiring
real estate asset agreements with the FAA Both of these matters have been addressed during
the planning of the Village 7 SPA Aside from the aesthetics of the facility as addressed in
the EIR, the VORTAC has no impacts on the SPA development areas,
Rt-'f}Jl(]tnry rnntpyt
In October 1993, the City Council and County Board of Supervisors jointly approved the Otay
Ranch General Development Plan/Subregional Plan (GDP) for the 23,000-acre Otay Ranch, The
GDP, as adjusted for road alignments, authorizes 1,501 dwelling units in Village 7, The General
Development Plan laid out the circulation system and defined the village boundaries for the Otay
Valley Parcel including Village 7, centered on the "Village Concept", The GDP describes the
Village Concept as mixed-use centers with opportunities for employment and shopping among
other uses within the "VilJage Core" area and provides a framework of design elements for each
use, Village 7 was designed with the Village Concept as described in the GDP. No
amendments to the GDP are proposed by as part of this application,
On May 18, 2004 the City Council adopted an amendment to the GDP that provided for the
processing applications on properties comprising less than the whole of a village under certain
conditions. Pursuant to this provision, this Village 7 SPA application represents approximately
71 % of the total acreage of Village 7 as it is shown in the GDP, The reason and effect of
consideration of a portion of Village 7 as a SPA is discussed below.
The City's General Plan and Otay Ranch GDP designated the land within the Otay Valley Parcel
for urban villages that are transit-oriented and pedestrian friendly. Otay Ranch villages are
intended to contain higher residential densities and a variety of mixed-uses in the "Village
Cores", surrounded by single-family homes in the secondary residential areas outside of the
4
Page 5, Item:__
Meeting Date: 090?/O4
village cores, The General Plan designates Village 7 as the location for a Village Core (VC),
three schools (High School, Middle School and Elementary), an open space greenbelt and
neighborhood park and residential uses and densities, For the portion of the village subject to
this SPA, the particular uses and densities per the General Development Plan are listed below.
A total of 1,204 dwellings are allocated to the portion of the village comprising the SPA
application.
VILLAGE 7 GENERAL PLAN AND GENERAL DEVELOPMENT PLAN LAND USES
Chula Vista General Plan Land Otay Ranch GDP No. of Units Existing Land
Municipal Use Designation Land Use Use
Code/ZoninIJ Desi<mation
PC Low-Medium Low-Medium 1,053 Units Vacant
Village Village
13-6 Units/Acre 14,9 Units/Acre
PC Village Core Medium-High 448 Units Vacant
13,7 Units/Acre
PC Parks and Recreation Parks and N/A Vacant
Recreation
PC Elementary School Elementary N/A Vacant
School
PC Middle School Middle School N/A Vacant
(Junior High School) (Junior High
Schoon
PC High School HiIJh School N/A Vacant
Otay Ranch is zoned Planned Community (PC), similar to the other master planned communities
of the Eastern Territories, This zone sets forth the requirement to prepare a SPA consistent with a
General Development Plan and other regulatory provisions. As such, applicable land
development regulations are contained in the Planned Community District Regulations within
each master planned community SPA Plan along with a zoning boundary map, which designates
a zone for each neighborhood, The Village 7 SPA Plan Zoning Districts Map (Exhibit II.3.6. in
the SPA Binder) identifies the individual zoning districts for the Village 7 SPA area.
DISCUSSION:
TI1P Sprtinnal P/nJ7ni11g 4rpfl PIon
The Sectional Planning Area (SPA) Plan for Village 7 defines, in more detailed terms, the
development parameters for the village, including the land use mix, design criteria and
guidelines, circulation pattern, open space and recreation concept and infrastructure
requirements, The plans for Village 7 are contained in a series of documents, including: 1 ) SPA
Page 6, Item:__
Meeting Date: 09/77/04
Plan; 2) Planned Community District Regulations; 3) Village Design Plan; 4) Public Facilities
Finance Plan; 5) Affordable Housing Plan 6) Air Quality Improvement Plan; 7) Water
Conservation Plan; 8) Non-Renewable Energy Conservation Plan, and 9) Parks, Recreation,
Open Space and Trails Plan (see Otay Ranch Village 7 SPA binder).
SPA OhjPctivp., ~nci Gp.np.r~1 Critp.ri~ The GDP policies for Village 7 identify the village as an
Urban Village adjacent to existing urban development and planned for transit-oriented
development with higher densities and mixed uses in the village core,
The GDP singles out a greenbelt corridor connecting Wolf Canyon to the Eastern Urban Center
and Salt Creek beyond as being a unifying feature of Village 7, This corridor is not only to
provide a through connection, but it is also to serve as an integral element of the Village Core.
Elsewhere in the GDP, a criteria for design of the corridor establishes that it average 200 feet in
width, Meeting this descriptive policy and criteria has been the centerpiece of the Village 7 land
plan. Physical constraints in the design have included:
o Fixed end point and elevation at the western end of the corridor, at the La Media upward of
the end of Wolf Canyon;
o Fixed end point and elevation at the eastern end of the corridor, at the undercrossing of SR-
125 to the Eastern Urban Center;
o Matching slopes of the greenbelt to the VORTAC site, which is not proposed for
development at this time;
o Addressing drainage and water quality issues;
o Providing appropriate integration between the greenbelt and the core of the village.
These challenges have been met in the design of the greenbelt. It greatly exceeds the 200-foot
average width criteria, It transitions in thirds from west to east:
o La Media to Magdalena segment -- A wide canyon-like open space with a regional trail and
connecting trails, with planting selected to transition from the natural Wolf Canyon to the
west.
o Magdalena to Pletcher Way -- A more intensely planted and maintained greenbelt
incorporating water quality features, This segment fronts on the Village 7 neighborhood
park, allowing direct access from the greenbelt and the regional trail system to the heart of the
village via a City park,
o Pletcher Way frontage to SR-125 - This segment comprises a promenade walk adjoining a
landscaped slope, It extends the regional trail into the heart of the Eastern Urban Center.
The proposed SPA also locates two of the three Village 7 schools, the high school and the
elementary school. The high school is situated to the south of a Village Core loop road. The
position of the site within the SPA is consistent with the preferred alternative selected by the
Sweetwater Union High School District. It is positioned within the village to provide an
appropriate separation from main entrances and facilities on the high school site, per GDP
criteria. The elementary school lies within the loop road, adjoining the neighborhood park.
6
Page 7, Item:__
Meeting Date: 090?/O4
The Village Core seeks to address the two criteria set forth in the GDP description for Village 7,
that it (I) be central to the village and (2) appropriately transition to the Eastern Urban Center,
Using the elementary school/neighborhood park as the central feature of the Core, the plan
provides for multi-family housing along the eastern edge of the village, north of the high schooL
This provides direct connection for these dwellings to the core public facilities and greenbelt, an
upward step in building scale nearest the Eastern Urban Center and allows them to be designed to
buffer effects of the SR-125 frontage, Other Village Core uses are reserved for future SPA
proposals, and portions of the village lying adjacent to the core facilities plarmed in this SPA will
allow expansion of the core per the current adopted GDP,
The remaining areas of the SPA are comprised of detached dwellings in clusters or on single lots,
These development areas make use of grid street systems and numerous alleys to provide
connectivity and pedestrian amenity. Access to the village greenbelt corridor is provided at many
points, not only at public park and the crossing points of La Media, Magdalena and the loop road,
but also at numerous termination points of promenades and cul-de-sacs, The private access
points also serve the function of breaking up the building frontages on the open space corridor.
Analysis:
The land use plan for Village 7 is consistent with the GDP goals and objectives
for the Village Concept. A complete analysis of GDP standards and compliance
analysis are found in the SPA binder at page II.2.8-1. The open space greenbelt
exceeds the standards and criteria set forth in the GDP, Highest densities extend
the village core to an appropriate transition with the Eastern Urban Center, and all
of the community services are centrally located. Schools are appropriately
situated and accommodated, At total of 1,204 dwelling units of the 1,501
authorized in the Otay Ranch GDP are utilized under the Village 7 SPA Plan,
maintaining a reserve allocation for lands not contained within the SPA proposaL
The Village 7 Planned Community (PC) District Regulations function as zoning
regulations for the village. The PC District Regulations provide standards and
regulations to guide the development of the Project. These regulations are applied
in conjunction with the Village 7 Design Plan.
SP A Rpsiopnti"l Opvdopmpnt Propos"1 A total of four single-family residential neighborhoods
are proposed, in whole or part, to contain 756 single-family residences ranging from 4.2 to 7.4
units per acre, In addition, three multi-family developments, provide an additional 448 dwelling
units, which range from 7,6 to 15.4 units per acre, These multi-family developments will
incorporate a variety of housing types including alley-product homes, and site areas for
townhouses, condominiums and apartments. The following table illustrates a summary of the
residential land uses in Village 7,
7
Page 8, Item:__
Meeting Date: 09/??!O4
LAND
NEIGHBORHOOD USE ACREAGE TARGET DWELLING
AREA DU'S/AC UNITS
R-I SF 50.7 6,8 346
R-2 SF 50.5 7.4 375
R-3 SF 5,3 4,2 22
R-4 SF 3,1 4.2 13
SUBTOTAL SF 109.6 6.9 756
R-5 MF 17.4 7,6 132
R-6 MF 12.5 15.4 193
R-7 MF 8,0 15.4 123
SUBTOTAL MF 37.9 11.8 448
TOTAL RES. 147.5 8.2 1,204
Analysis:
The single-family and multi-family residential components of the land use plan in
Village 7 are designed to provide a variety of housing types, lot sizes and densities
consistent with the goals and objectives of the GDP as well as the Housing
Element of the City's General Plan. The Planned Community District
Regulations contain detailed requirements for the Zoning Administrator Site Plan
and Architectural Review, and for the Design Review Committee for multi-family
projects, The regulations will ensure that all of Village 7 is built in accordance
with the principles and other criteria contained in the Village Design Plan.
SPA r"mmllnity Pllrr"'" Feciliti,,, Prop"se!. The Village 7 SPA is obligated to provide
Community Purpose Facilities (CPF) pursuant to the Planned Community Zone of the City
Zoning Ordinance, The PC zone requires 1.39 acres ofCPF land per 1,000 persons. The Village
7 SPA shows accommodation for 2.8 acres, most of which is contained in two private parks in
the midst of the single-family neighborhoods. The remaining CPF obligation is in the reserved
portion of the Village, or represents carryover from excess acreage provided in Village 6.
Additional CPF acreage is in the reserved portion of the Village, and provides opportunity for a
larger aggregated site within the town center area, The town center and this CPF acreage will be
subject of a later phase of SPA approval.
Analysis:
In previous SPAs, staff has reviewed the permitted use of a "Recreational
Facility" authorized in the CPF Ordinance of the Planned Community (PC) Zone,
and has determined that the privately maintained recreation facilities qualify as a
CPF land use, The recreational facilities shown on the SPA plan conform to this
standard,
8
Page 9, Item:__
Meeting Date: 0907/04
SPA S~hools Propos"ls, A high school will be located at the southeast portion of the village.
Sweetwater Union High School District has selected this location as appropriate to the future
service area for Otay Ranch and meeting all State and District locational criteria, The Village 7
SP A sets forth a system of roads and connections that will allow the high school to open and
operate in time to meet needs projected by the District. Consistent with the SPA, initial
connection for the school would be provided by road extensions southward from Birch Road, via
La Media and Magdalena, Other General Plan-designated routes, including Rock Mountain
Road, will ultimately serve the high school site. The Village 7 SPA designates abutting uses to
the north of the high school as multi-family (adjacent and abutting SR-125) and elementary
school (across the loop road).
An elementary school is designated for an 1 1. I-acre site within the Village Core. The site is
bounded by Magdalena and the loop road, which together provide a number of options for design
and access, From the loop road via Pletcher Way, access could be provided if the service area of
the elementary school were to include a portion of the Eastern Urban Center. The school site
abuts the neighborhood park, A pedestrian-oriented design theme is the main component for
Village 7, consistent with the goals and policies of the Otay Ranch GDP. As such, the location
of the elementary school in the Village Core and routes via sidewalks and trail connections will
provide safe pedestrian access to that facility,
Analysis:
An elementary school and high school are provided for in the Village 7 SPA. The
schools are consistent with the goals and objectives of the GDP
SPA (,ir~llbtion Propos"ls, The Village 7 Circulation Plan is shown in the SPA Binder,
Attachment #5 - Exhibit II.2.2.2-3. The plan details the hierarchy of vehicular circulation for
internal neighborhood residential streets, collector streets, village entries and prime arterials
serving the Project.
The Village 7 SPA provides three points of entry to the village, as initially proposed by the
ORGDP for the portion of the village subject to the SPA. These are at Birch Road on the north
and La Media on the west. A third access point, via an undercrossing at SR-125, does not
provide arterial access, but rather provides routing directly to the Eastern Urban Center. A fourth
point of entry will be via Magdalena to the south, which will provide access to the high school
site and will eventually tie to Rock Mountain Road.
Internal street connectivity is the prime consideration for a well-balanced circulation pattern for
the village, Connecting major internal streets to the Village Core is also a primary goal for the
land use in the village, Within Village 7, however, there is also reason to minimize road
crossings of the greenbelt open space, Magdalena will serve as the primary backbone of this
connection, bisecting Village 7 from north to south and crossing the greenbelt. A loop road
provides frontage connection from Magdalena to all of the uses in the eastern half of the village,
Several connection points from the various residential neighborhoods tie to Magdalena and the
9
Page 10, Item:__
Meeting Date: 0(1))/04
loop road, providing numerous route alternatives within internal grid of neighborhood streets,
Within the neighborhoods traffic calming design has been proposed, Neckdowns promote low
speeds for vehicles and present a superior design solution for typical streets, and are employed at
key locations within the R-l neighborhood. The R-5 and R-2 neighborhoods make use of alleys
to allow for narrower streets.
Analysis:
The points of access for the SPA are consistent with that shown for Village 7 in
the GDP, Internal streets provide connectivity throughout the village, All of the
prominent circulation streets within the village are connected to the Village Core,
SPA Trensit Propose!s. The proposed Transit Plan for Village 7 consists of bus stops based on
"Green Car" and "Blue Car" service concepts created by the Metropolitan Transit Development
Board (MTDB), which coordinates operation of transit services for the City with Chula Vista
Transit. The Green Car represents local circulators using mini to mid-size buses, The Green Car
would act as a collector and provide feeder access to Blue Car (metropolitan buses) and/or Red
Car concepts (bus rapid transit) in other villages of Otay Ranch, Although not a transit function
per se, a considerable daytime population of the high school will be served by the buses of the
Sweetwater Union High School District, under its own service plan.
Analysis:
The Applicant has prepared a conceptual Transit Plan for Village 7 consistent
with the requirements of the SPA Plan and the policies of the GDP, Several
transit stops are located within Village 7,
Pltlnnprl rnmm1Jnity nir;:trirt Rpgulntinnr;:
The Planned Community District Regulations are proposed to be adopted by ordinance as the
zoning regulations for Village 7. These regulations set the development and land use standards
for all property within the village for setbacks, building height, parking, landscape, lot sizes and
sign regulations, These regulations contain the standards that implement the pedestrian
orientation goals and design guidelines for the village, The primary update from previous
regulations reflects sign program changes to reflect modifications made to achieve consistency
with the City-wide sign regulations approved earlier this year.
Analysis:
The standards for Village 7 are modeled on those that were adopted for Village 6,
with refinements that continue the refinement process that occurs upon the
adoption of each of the succeeding Otay Ranch SPAs,
Villagp np\'ign Plan
The Village 7 Sectional Planning Area (SPA) Plan and supporting Village Design Plan
]0
Page 11, Item:__
Meeting Date: 09/??104
implement the design guidelines from the GDP "Village Concept" and the GDP Overall Design
Plan. The Village 7 Design Plan provides more detail and identifies the procedures for
implementation for the village, The design elements identified reflect the policies from the GDP
but are more location-specific, The GDP discusses the Village Concept for Otay Ranch and
establishes the following policies for the "Core" area - the heart of each village:
. Establish a unique character and sense of place within each village; and,
. Land uses, roads and buildings shall be designed and located to encourage walking
between uses and foster a pedestrian scale; and,
. Encourage a pedestrian-friendly village environment through the use of amenities such
as: shade trees, street furniture, on-street parking, buildings fronting the streets, narrow
streets, reduced design speeds, visible landmarks, entries and porches facing the street,
commercial areas with decreased setbacks, plazas and courtyards in commercial areas and
multi-modal circulation systems.
The theme for Village 7 is centered on a "California Heritage" architectural design concept,
which will be implemented through the design criteria described in the Design Plan, In addition
to neighborhoods and private buildings, the theme will be applied to landscape and architectural
elements ranging from Village Entry monuments to park structures.
Analysis:
The design theme for Village 7, which focuses on a "California Heritage"
architectural framework for its community buildings in the village core, is detailed
in the Village 7 Design Plan, This document describes the design requirements
for the entire village, consistent with the policies of the Otay Ranch GDP. The
purpose of the guidelines in the Village 7 Design Plan is to guide the design of
site plans, architecture and landscape architecture within the Project area. The
residential design guidelines for Village 7 were prepared utilizing the Village 6
SPA development as a base. The Applicant has added design features that
promote pedestrian orientation including; increased requirements for porches and
other seating areas in single-family homes, as well as limited garage-oriented
single-family homes,
Puhlir FnriJitiPfO Pinanrr:- PIon
The Village 7 Plan a separate Public Facilities Finance Plan (PFFP), which implements the
standards and policies for infrastructure improvements and demands for public service, The
Village 7 PFFP describes in detail the public facilities that are required for the development of
1,204 dwelling units for the village, and analyzes the phasing and thresholds for development.
The intent of the PFFP is to ensure that development phasing of the village is consistent with the
requirements of the City's General Plan for required public facilities and infrastructure, as well as
11
Page 12, Item:__
Meeting Date: 0(1)")/04
compliance with the City's Growth Management Ordinance.
Public facilities and infrastructure such as water supply, sewer service, storm and drainage
systems and roads and streets are analyzed in the development of the village. Other public
facilities and services that are required for the village include; schools, child care facilities;
police, fire and emergency services; and library services and other social services, are also
included in the analysis. The PFFP also evaluates the demands on public facility services based
on the estimated village population and phasing of development. The portion of Village 7
subject to the PFFP and SPA will be developed in three concurrent phases, allowing for
construction of necessary infrastructure and service to the plarmed high school site,
A primary consideration in facilities timing has to do with traffic capacity within Otay Ranch and
the opening of SR 125. Prior to the opening of the highway, turning volumes at the intersection
of Magdalena at Birch Road will require an internal limit on residential building permits,
pending the student population of High School #13, the extension of La Media southward to
provide a second entry and the progress toward completion ofthe toll highway,
Analysis:
The Village 7 Project has been evaluated for implementation of public facilities,
public services and infrastructure through the Village 7 Public Facilities Finance
Plan, The Project has also been analyzed to ensure compliance with the City's
Growth Management Ordinance. Thresholds have been established to require the
Applicant to provide infrastructure improvements as the village is built out, or
limit development pending certain future improvements not completely within the
developer's control. Standards adopted by City Policy require that the Project be
analyzed to determine whether the approval of the project, as conditioned, will
have an adverse impact on the City's adopted threshold standards.
The fiscal analysis conducted as part of the Village Eleven PFFP indicates that the
village will generate a surplus until the third phase when the majority of the multi-
family units are constructed. Lower density multi-family development tends to
generate more costs than revenues. When the 50% property tax split is assumed,
the Fiscal Impact of New Development (FIND) Model projects that the deficit is
covered, In addition, the Village Eleven SPA conditions of approval require the
village to participate in the Otay Ranch Reserve Fund, which has been established
to fund the update of the FIND Model and to reduce any deficit generated by the
development of the Otay Ranch. There will not be a deficit under current
conditions or in the future.
A review of the FEIR, Village 7 PFFP and other supporting Village 7 SPA
documents provide evidence that the project is consistent with the adopted
threshold standards of the City including the Growth Management Ordinance, An
analysis of thresholds is contained in the environmental document E1R-04-06 and
"
Page 13, Item:__
Meeting Date: 0907/04
the Village Eleven Public Facilities Finance Plan (PFFP).
Affnrdahlt' Hm"il'lg Plan
Consistent with the requirements of the General Plan's Housing Element and the Otay Ranch-
wide Affordable Housing Program, the Village 7 SPA is required to provide affordable housing
opportunities through the obligation of moderate and low-income housing in the village. A
separate Affordable Housing Plan has been prepared with the Village 7 SPA Plan, which requires
a subsequent agreement between the Applicant and the City. Ten percent of the dwelling unit
total must be developed as affordable housing. The Village 7 SPA requires 120 dwelling units to
be dedicated to affordable housing, Half of the 120 units must be low-income, the Applicants
must therefore provide 60 low-income dwelling units,
A portion of Village 7 is subject to an affordable housing transfer proposal which involves
transferring units among Villages 6, 2 and 3. Within Village 7, this agreement applies to 375
units. The remaining 829 units represent a relatively small number of dwelling units to be
covered by a SPA. Further, only a porton of the vilage is subject to this approval, neccessitating
future SPA amendments and opportunities for affordable housing locations. Therefore, in order
to meet the requirement of the earlier transfer provision and respond to the constraints of the
remainder of the village, the affordable housing plan includes a provision allowing transfers to be
proposed.
Analysis:
The Applicant is obligated to satisfy its Affordable Housing Program
requirements for Village 7, Ten percent of the 1,204 dwelling units in the Village
7 SPA will be provided to moderate and low-income families. The Village 7
Affordable Housing Plan identifies a number of options to best Applicants'
obligations. This plan complies with the requirements and policies of the Otay
Ranch-wide Affordable Housing Program and the General Plan's Housing
Element. The Applicant will be required to enter into a separate subsequent
agreement with the City to ensure implementation of the affordable housing units.
Air Quality lm~nrnvp.mp.nt Plan
In 2000, the City Council adopted the Carbon Dioxide (C02) Reduction Plan, which included
implementation measures regarding transportation, energy efficient land use planning and
building construction measures for new development. Subsequently, in 2003, specific standards
were adopted for inclusion in future development proposals, One such standard requires the
preparation of Air Quality Improvement Plans,
Analysis:
The Air Quality Improvement Plan contained within the SPA binder complies
with the standards adopted by the City Council, and outlines the improvement
13
Page 14, Item:__
Meeting Date: 09/??/O4
elements that will be included in future project design.
Wntpy rnn~prl){Jtinn Plan
The City has developed guidelines for the preparation and implementation of Water
Conservation Plans for each of the new planned communities in the City. The City's effort to
develop guidelines for the preparation of a Water Conservation Plan is consistent with the goals
and objectives of the Otay Ranch GDP. This effort involved a pilot study to evaluate the relative
effectiveness associated with the implementation of additional water conservation measures
beyond those previously mandated in the Otay Ranch,
Analysis:
The SPA documents contain evaluation and listing of technical water saving
devices, as well as expanded use ofrecycled water. The Water Conservation Plan
contained within the SPA binder complies with the standards adopted by the City
Council, and outlines the improvement elements that will be included in future
project design,
Nnn-Rp17Pwflhlp Rnprgy rnn,\p.rvf1tinn Plan
The Otay Ranch GOP requires a Non-Renewable Energy Conservation Plan for each SPA to
address energy conservation within each village. This plan identifies the most feasible measures
to reduce the consumption of non-renewable energy through land use and community design,
transit facilities and alternative transportation modes, building siting and construction techniques,
Transit-oriented development and pedestrian-friendly design of the village core are methods to
reduce energy consumption.
Analysis:
The preparation and implementation of a Non-Renewable Energy Conservation
Plan for Village 7 is consistent with the goals and objectives, and policies of the
Otay Ranch GDP.
Park",' RprrpfJtinn Trail...: and nnpn Spflrp.
.
The greenbelt corridor provides the most significant open space feature of the Village 7 SPA. It
connects to several villages in the Otay Ranch, including Village 4 and the Eastern Urban Center.
It crosses the Village and contains a Regional Trail facility, This greenbelt provides an open
space design feature, and also greatly contributes to recreation by providing an extension and
connection serving the larger Otay Ranch community,
Consistent with the goals and objectives of the Otay Ranch GDP, the Village 7 SPA land use
plan incorporates a 7.0-net acre public neighborhood park as a central element. In addition,
additional private (HOA) recreational facilities for the Village 7 in neighborhoods R-l, where a
1.1 acre facility will be located and R-2, which will be served by a 0.7 acre facility, Recreation
14
Page IS, Item:__
Meeting Date: 090?/O4
facilities through the SPA area will be connected by a network of promenade streets, village
pathways on backbone streets, connecting trails within the residential neighborhoods and
regional trails within the greenbelt.
Consistent with the requirements of the Otay Ranch Resource Management Plan, the Village 7
Project must convey land to the Otay Ranch Preserve, The development of one acre of land in
Otay Ranch requires a dedication of 1.188-acres of land to the Otay Ranch Preserve with the
approval of each Final Subdivision Map..
Analysis:
A 7-acre net public neighborhood park across from the elementary school in the
village core is in a centralized location within the village
In addition, two private recreational facilities totaling 1.8 acres will serve Village
7 neighborhoods R-l, and R-2, at points farthest from other recreational
opportunities, A greenbelt meeting all of the objectives of the GDP, as discussed
above, will provide a substantial open space and recreational opportunity,
adjoining the Village Core. Additional open space is provided throughout the
village,
The requirement ofland conveyance in the Proj ect to the Otay Ranch Preserve is
consistent with the requirements of the Otay Ranch Resource Management Plan.
The system, which includes parks, recreation, trails, and open space that are
provided in Village 7, complies with the policies, goals and objectives of the Otay
Ranch GDP and Resource Management Plan.
CONCLUSION:
The Village 7 SPA proposed land uses and development intensities directly implement the
provisions of the Otay Ranch General Development Plan as amended. All designated public
facilities are located within the areas designated by the General Development Plan, and the
permitted density and land use intensities are those prescribed therein.
Staff has concluded that the Otay Ranch Village 7 SPA Plan, described and evaluated in this
report, is consistent with the policies in the adopted Otay Ranch General Development Plan and
City of Chula Vista General Plan, Staff recommends approval of the Village 7 SPA Plan and
related documents.
A tt~~hm~nt~
1, Locator Map
2, Planning Commission Resolution No, PCM-04-0S
3, Draft City Council Resolution No, , with Conditions and Disclosure
4, Draft City Council Ordinance No.
15
5. Village 7 SPA Plan (Binder)
H:\COMMDEVlJimH\092204PCV7\V7PlanningCommissionRpt2.doc
'6
Page 16,Item:__
Meeting Date: 0907/04
'<wr'hY;f3it~~J..I-11
..r.,:,',
L:L.C
C~~'j: II
, }~~
.,.'.i! II
" -" ,//:,:,~;/
<",; >'1.,.: II
~/
II
II
II
II
II
", "
"
\) \\
\\
,
,\\ '
\
\\\
',\\
~
~
^'~ '
\'"~
'" ,
-;'0'~ \
'" "
"J,~\
C)~, ,
C).~
~.
/-.-..-
!
,.
~
~
/)'
o
rv-:( '.,
kr ,,"
~6; ''-I...:
~
~"'"
g?
0''''''
C' ',.<
0" ,\.
-;. . .
CU' "
\Q "
10\
.",
,.'Y\ .
. ,
Otav Ranch I;
Hiah School
.,r\~\\{\
'. ',' 1"'\'. .\"';''
" " ..\, \-",,-," -\\--~"\\- "">-,,
, I -, -, '. \ \ - ' \ ~ ',','
'" I- ~~.. ."\.'.\"".'.' '\~,,_ ,,,-",~~../, /
'I" 1t~ ~'I \,;X-~;- ~C ::~:~))' ,
'i'rijrDwi- nrl~L.I:~.i~/'
, ,'I j; 1 i lie) ;::L:,-J I
1',,11 t - E.~ ~~j u:;[ I,
II, '-rr-111T'-~'I-lnt'l. ( ,
--1LLL'U'--" \ ,J....' ." .
~
.---/
BIrch Rd
!
Village 7
Villaae 2
,
\
PROJECT
LOCATIO~ ',\
..."
I
\
\
Freewav
Commercial
1
EUC
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANT: McMillin Otay Ranch. LLC
ENVIRONMENTAL IMPACT REPORT
PROJECT Village 7
ADDRESS: Request: The implementation of the Village 7 SPA Plan and Tentative
Map for a portion of Village 7.
SCALE. FILE NUMBER:
NORTH No Scale EIR-04-06
J:\planning\carlos\locators\eir0406.cdr 08.30.04
RESOLUTION NO, PCM-04-05
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE THE VILLAGE
SEVEN SECTIONAL PLANNING AREA (SPA) PLAN, PLANNED
COMMUNITY DISTRICT REGULATIONS AND DESIGN PLAN FOR OT A Y
RANCH VILLAGE SEVEN,
WHEREAS, a duly verified application were filed with the City of Chula Vista Planning
Department by general McMillin Otay Ranch LLC and Otay Project L.P, ("Applicants"), requesting
approval of the Village Seven Sectional Planning Area (SPA) Plan and associated regulatory
documents, Plarmed Community District Regulations, The SP A Plan also includes the Design Plan,
Public Facilities Finance Plan, Air Quality Improvement Plan and Water Conservation Plan, Also
two Tentative Subdivision Maps ("Project"); and,
WHEREAS, the area ofland which is subject matter of this Resolution is diagrammatically
represented in Exhibit "A" and commonly known as Village Seven, and for the purpose of general
description herein consists of approximately 303 acres located in the area bounded by the existing
and future roadways of State Route (SR-) 125, Birch Road, La Media Road, and Rock Mountain
within the Otay Ranch General Development Planning Area ("Project Site"); and,
WHEREAS, the development of the Property has been the subject matter ofthe Otay Ranch
General Development Plan ("GDP") previously approved by the City Council on October 28, 1993
by Resolution No, 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP
Resolution") and on May 18, 2004 by Resolution No. 2004-165, wherein the City Council, in the
environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan,
Final Program Environmental Impact Report No. 90-01, SCH #9010154 ("Program FEIR 90-01 ,,);
and,
WHEREAS, the Environmental Review Coordinator has reviewed the project and
determined that the Project would result in a significant impact to the environment, therefore, an
Environmental Impact report has been prepared; and,
WHEREAS, the Planning Commission found that the Final Environmental Impact Report
(Final EIR-04-06) had been prepared in accordance with the requirements of the California
Environmental Quality Act (CEQA), and the Environmental Review Procedures ofthe City ofChula
Vista; and,
WHEREAS, the Planning Commission found that the Project impacts will be mitigated by
adoption of the Mitigation Measures described in the Final Environmental Impact Report (Final EIR-
04-06), and contained in the Mitigation Monitoring and Reporting Program which is designed to
ensure that the during Project implementation, the Project applicant, and any other responsible
parties implement the project components and comply with the Mitigation Monitoring Program; and,
WHEREAS the Planning Commission having received certain evidence on September 22,
2004, as set forth in the record of its proceedings herein by reference as is set forth in full, made
certain findings, as set forth in their recommending Resolution PCM-04-05 herein, and
recommended that the City Council approve the Project based on certain terms and conditions; and,
WHEREAS, the Planning Director set the time and place for a hearing on the Project, and
notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the city and it mailing to property owners and within 500 feet of the exterior
boundaries ofthe property, at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m"
September 22,2004, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and said hearing was thereafter closed,
NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning
Commission, the Planning Commission has determined that the approval of the Village Seven
Sectional Planning Area (SPA) Plan (PCM 04-05) and associated regulatory documents, Planned
Community District Regulations are consistent with the City ofChula Vista General Plan, the Otay
Ranch General Development Plan, and all other applicable Plans, and that the public necessity,
convenience, general welfare and good planning practice support the approval.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that
the City Council adopt a resolution approving the Otay Ranch Village Seven Sectional Planning
Area (SPA) Plan (PCM-04-05) and supporting regulatory documents, Planned Community District
Regulations, and Design Plan, involving approximately 303 acres of land known as "Otay Ranch
Village Seven" located in the central portion of the Otay Valley Parcel, between the future
alignments of La Media Road, Rock Mountain Road and SR 125, and Birch Road in accordance with
the findings contained in the attached City Council Resolution and that a copy of this resolution be
transmitted to the owners of the property and the City Counci1.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 22nd day of September, 2004, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Marco Cortes, Chair
ATTEST:
Diana Vargas, Secretary
11:\COMMDEV\JimH\Q92204PCV7\V7 PCM-04-05 Planning commission Resolution .doc
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING OTAY RANCH
VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA)
PLAN (PCM 04-05) WEST OF THE FUTURE SR-125,
SOUTH OF BIRCH ROAD, EAST OF LA MEDIA ROAD,
AND NORTH OF ROCK MOUNTAIN ROAD.
WHEREAS, the property which is subject matter of this Resolution is identified
as Exhibit "A" attached hereto and commonly known as Otay Ranch Village Seven
Sectional Planning Area (SPA) Plan, and for the purpose of general description herein
consists of approximately 303 acres located west of the future SR-125, south of Birch
Road, East of La Media Road, and north of Rock Mountain ("Project Site"); and,
WHEREAS, an application for adoption of the Otay Ranch Village Seven
Sectional Planning Area Plan (SPA) Plan, was filed with the City of Chula Vista Planning
Department on September 2, 2003 by the McMillin Otay Ranch, LLC, later joined in that
application by Otay Ranch Project L.P, (together, "Applicants"); and
WHEREAS, the application requests consideration of a Sectional Planning Area
(SPA) Plan, and supporting regulatory documents including Planned Community District
Regulations, Design Plan, Public Facilities Finance Plan, Air Quality Improvement Plan,
Non-Renewable Energy Conservation Plan and Water Conservation Plan for 303 acres
known as "Otay Ranch Village Seven Sectional Planning Area (SPA) Plan" located in the
central area of the Otay Valley Parcel, west of the future SR-125, south of Birch Road,
East of La Media Road, and north of Rock Mountain Road; and,
WHEREAS, the City's Environmental Review Coordinator has reviewed the
Project and determined that the Project would result in a significant impact to the
environment, therefore, a Second-Tier Environmental Impact Report (EIR 04-06) has
been prepared; and,
WHEREAS. the Planning Commission finds that the Project environmental
impacts will be mitigated by adoption of the Mitigation Measures described in the Final
Environmental Impact Report (FEIR-04-06), and contained in the Mitigation Monitoring
and Reporting Program, and that the Mitigation Monitoring and Reporting Program is
designed to ensure that during Project implementation, the permitteel Applicants, and any
other responsible parties implement the project components and comply with the
Mitigation Monitoring Program; and,
WHEREAS, the Planning Commission set the time and place for a hearing on
said Otay Ranch Village Seven Sectional Planning area Plan (SPA) Plan (PCM-04-05)
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 500
feet of the exterior boundaries of the Project site at least ten days prior to the hearing;
and.
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00
p.m, on September 22, 2004, in the Council Chambers, 276 Fourth Avenue, before the
Planning Commission and the Planning Commission recommended approval of the
Proj ect and said hearing was thereafter closed; and
WHEREAS, a duly noticed public hearing was scheduled before the City Council
of the City of Chula Vista on the Otay Ranch Village Seven Sectional Planning Area
(SPA) Plan, and adopting the ordinance to approve the SPA's Planned Community
District Regulations for Otay Ranch Sectional Planning Area Plan, namely 6:00 p.m,
October 12,2004; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at
their public hearing held on September 22, 2004, and the minutes and resolutions
resulting therefrom, are hereby incorporated into the record of this proceeding,
These documents, along with any documents submitted to the decision makers,
shall comprise the entire record of the proceedings for any California
Environmental Quality Act (CEQA) claims.
II. COMPLIANCE WITH CEQA
The environmental impacts associated with the Village Seven Sectional Planning
Area (SPA) Plan have been analyzed in the Final Environmental Impact Report
(FEIR) 040-06, The City Council finds that the FEIR 04-06, the Findings of Fact
and Statement of Overriding Considerations, and Mitigation Monitoring and
Reporting Program have been prepared in accordance with the requirements of the
California Environmental Quality Act (CEQA), Public Resources Code section
21000 et seq., the CEQA Guidelines, Cat Code of Regulations, Title 14, section
15000 et seq., and the Environmental Review Procedures of the City of Chula
Vista. The City Council furthers finds that the FEIR 04-06 reflects the
independent judgment of the City Council of the City of Chula Vista.
III. ACTION
The City Council hereby approves the Otay Ranch Village Seven Sectional
Planning Area (SPA) Plan and supporting regulatory documents including
Planned Community District Regulations, Design Plan, Public Facilities Finance
Plan, Air Quality Improvement Plan, Non-Renewable Energy Conservation Plan
and Water Conservation Plan involving approximately 303 acres ofland known as
"Otay Ranch Village Seven Sectional Planning Area (SPA) Plan" based upon
findings contained herein and is consistent with the City of Chula Vista General
Plan, the Otay Ranch General Development Plan, and all other applicable plans,
and that the public necessity, convenience, general welfare and good planning and
zoning practice support their approval and implementation,
IV. INCORPORATION OF ALL MITIGATION MEASURES AND
ALTERNATIVES
The City Council incorporates herein as conditions of approval all applicable
mitigation measures as set forth in Final EIR 04-06.
V. NOTICE WITH LATER ACTIVITIES
The City Council gave notice, to the extent required by law, that this Project was
fully described and analyzed and is within the scope of the Otay Ranch GDP
FEIR-90-01 and Otay Ranch Village Seven Sectional Planning Area (SPA) Plan
Final Environmental Impact Report (FEIR 04-06) adopted thereto, adequately
describes and analyzes this project for the purposes of CEQA [Guideline 15168
(e)].
VI. SECTIONAL PLANNING AREA (SPA) PLAN FINDINGS
The proposed Project is consistent with the Otay Ranch Village Seven Sectional
Planning Area Plan for the following reasons:
A. THE PROPOSED SECTIONAL PLANNING AREA PLAN IS IN
CONFORMITY WITH THE OT A Y RANCH GENERAL
DEVELOPMENT PLAN AND THE CITY OF CHULA VISTA
GENERAL PLAN.
The Village Seven SPA Plan area of Otay Ranch that creates an urban
village reflects the land uses, circulation system, open space and
recreational uses, and public facility uses consistent with the Otay Ranch
General Development Plan and Chula Vista General Plan, Most SPAs
processed within Otay Ranch have had some form of amendment to the
GDP associated and processed with them. In the case of this SPA
application, however, the land use, dwelling unit counts, road alignments
and public facilities proposed by this application are intended to be fully
compliant with the Otay Ranch General Development Plan as presently
adopted. In addition, the areas contained within the proposed SPA approval
are not among the 'areas of change' that have been studied as part of the
City's present General Plan update, Thus, the SPA would also be compliant
with the future General Plan, based on land uses being studied within the
update,
B. THE PROPOSED SECTIONAL PLANNING AREA PLAN WOULD
PROMOTE THE ORDERLY, SEQUENTIALIZED DEVELOPMENT OF
THE INVOLVED SECTIONAL PLANNING AREA.
The Village Seven SPA Plan and Public Facilities Finance Plan contain
provisions and requirements to ensure the orderly, phased development of
the Project. The Public Facilities Finance Plan specifies the public
facilities required by the project in order for it to function properly and not
become a public burden, and also the regional facilities needed to serve it.
The land use plan for Village 7 is consistent with the GDP goals and
objectives for the Village Concept. The open space greenbelt exceeds the
standards and criteria set forth in the GDP, Highest densities extend the
village core to an appropriate transition with the Eastern Urban Center,
and all of the community services are centrally located, Schools are
appropriately situated and accommodated, At total of 1,204 dwelling units
of the 1,501 authorized in the Otay Ranch GOP are utilized under the
Village 7 SPA Plan, maintaining a reserve allocation for lands not
contained within the SPA proposal. The Village 7 Planned Community (PC)
~istrict Regulations function as zoning regulations for the village, The PC
District Regulations provide standards and regulations to guide the
development of the Project. These regulations are applied in conjunction
with the Village 7 Oesign Plan.
C. THE PROPOSED SECTIONAL PLANNING AREA PLAN WOULD
NOT AOVERSEL Y AFFECT ADJACENT LAND USE, RESIDENTIAL
ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY.
The land uses within the Village Seven (SPA) Plan are designed with a 75-
foot landscaped enhancement buffer along adjacent arterials, The project
will provide a variety of housing opportunities, A total of four single-
family residential neighborhoods are proposed, in whole or part, to contain
756 single-family residences ranging from 4.2 to 7.4 units per acre, In
addition, three multi-family developments provide an additional 448
dwelling units, which range from 7,6 to 15.4 units per acre, These multi-
family developments will incorporate a variety of housing types including
alley-product homes, and site areas for townhouses, condominiums and
apartments,
A comprehensive street network serves the project and provides for access
to off-site adjacent properties. The plan details the hierarchy of vehicular
circulation for internal neighborhood residential streets, collector streets,
village entries and prime arterials serving the Project. The Village 7 SPA
provides three points of entry to the village, as initially proposed by the
ORGOP for the portion of the village subject to the SPA. These are at
Birch Road on the north and La Media on the west. A third access point,
via an undercrossing at SR-125, does not provide arterial access, but rather
provides routing directly to the Eastern Urban Center. A fourth point of
entry will be via Magdalena to the south, which will provide access to the
high school site and will eventually tie to Rock Mountain Road. The
proposed SPA Plan follows all existing environmental protection
guidelines and will avoid unacceptable off-site impacts through the
provision of mitigation measures specified in the Otay Ranch Village
Seven SPA Final Second-Tier Environmental Impact Report (FEIR 04-
06).
D, IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES,
THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA,
LOCATION, AND OVERALL DESIGN AND DEVELOPMENT
STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR
INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND
STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET
PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE,
The Project does not involve areas planned for industrial or research uses.
E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER
SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT
WILL BE APPROPRIATE IN AREA, LOCATION AND OVERALL
PLANNING TO THE PURPOSE PROPOSED, AND THAT
SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE
EFFECTS FROM SUCH DEVELOPMENT,
The Village Seven SPA Plan includes recreational and similar
nonresidential uses. which are considered appropriate for the area,
location, and overall planning for the area in that such uses are called for
in the Otay Ranch General Development Plan. Wolf Canyon green belt
system is provided, three schools and park uses to serve nearby and
regional residents as required by the Otay Ranch General Development
Plan have also been proposed. They have also been evaluated for their
adverse land use effects on proposed surrounding development and none
have been identified.
F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE
AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC
THEREON,
The circulation system depicted in the SPA Plan is consistent with the
Circulation system identified on the City's General Plan and Otay Ranch
General Development Plan and contains adequate internal circulation
consistent with the policies of the Otay Ranch General Development Plan
and the City's General Plan. Road improvements will be constructed per the
timing and threshold requirements outlined in the Village Seven SPA Plan
Public Facilities Finance Plan. Prior to the opening of the SR 125
highway, turning volumes at the intersection of Magdalena at Birch Road
will require an internal limit on residential building permits, pending the
student population of High School #13, the extension of La Media
southward to provide a second entry and the progress toward completion
of the toll highway. La Media Road, Birch Road, and Rock Mountain
Road are all sized to handle the anticipated volumes,
G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE
JUSTIFIED ECONOMICALLY AT THE LOCATION (8) PROPOSED
AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF
THE TYPES NEEDED AT SUCH PROPOSED LOCATION (S),
The Project does not involve areas planned for commercial facilities,
H, THE AREA SURROUNDING SAID DEVELOPMENT CAN BE
PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL
COMPATIBILITY WITH SAID DEVELOPMENT.
The Village Seven SPA Plan is consistent with the approved plans and
regulations applicable to surrounding areas, and therefore said development
can be planned and zoned in coordination and substantial compatibility with
said development. The proposed Village Seven SPA Plan is consistent with
the Otay Ranch General Development Plan and Chula Vista General Plan, as
amended. The Village 7 SPA proposed land uses and development
intensities directly implement the provisions of the Otay Ranch General
Development Plan as amended. All designated public facilities are located
within the areas designated by the General Development Plan, and the
permitted density and land use intensities are those prescribed therein,
The Otay Ranch Village 7 SPA Plan, described and evaluated in this
report, is consistent with the policies in the adopted Otay Ranch General
Development Plan and City of Chula Vista General Plan.
VII. CONDITIONS OF APPROVAL
The City Council hereby approves the Project subject to the conditions set forth in
Exhibit "A", attached hereto and incorporated in the Project.
VIII. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the forgoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, and any of such conditions fail to be so
implemented and maintained according to the their terms, the City shall have the
right to revoke or modifY all approvals herein granted, deny or further condition
issuance of shall future building permits, deny, revoke or further condition all
certificates of occupancy issued under the authority of approvals herein granted,
instituted and prosecute litigate or compel their compliance or seek damages for
their violations. No vested rights are gained by Developer or successor in interest
by the City approval of this Resolution.
IX. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is
dependent upon enforceability of each and every term provision and condition
herein stated; and that in the event that anyone or more terms, provIsIOnS or
conditions are determined by the Court of competent jurisdiction to be invalid,
illegal or unenforceable, if the city so determines in its sole discretion, this
resolution shall be deemed to be revoked and no further in force or in effect.
Presented by
Approved as to form by
Jim Sandoval
Director of Planning and Building
Ann Y. Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula
Vista, California, this l21h day of October, 2004, by the following vote:
AYES: Councilmembers:
NA YS: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No, was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the l21h day of
October, 2004,
Executed this 12th day of October, 2004.
Susan Bigelow, City Clerk
H:\COMMDEVlJimH\092204PCV71V7 PCM-04-05 draft city council SPA resolution PC 092204final draft.doc
Exhibit A
SPA CONDITIONS OF APPROVAL FOR OT A Y RANCH VILLAGE SEVEN
I. 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(s) as to
any or all of the Property, For the purpose of this document "Developer" shall also mean
"Applicant".
2, 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 from the approvals herein
granted, institute and prosecute litigation to compel their compliance with said conditions
and/or seek damages for their violation.
3, Developer(s) shall indemnify, protect, defend and hold the City its agents, officer and
employees harmless from and against any and all claims, liabilities and costs, including
attorney's fees, arising from challenges to the Final Environmental Impact Report, FEIR #04-
06, for the Project and/or any or all entitlements and approvals issued by the City in
connection with the Project.
4. The Developer(s) shall comply with all requirements and guidelines of the City of Chula
Vista including its General Plan; the City's Growth Management Ordinance; Otay Ranch
General Development Plan; Otay Ranch Resource Management Plan; Overall Design Plan;
Ranch Wide Affordable Housing Plan; Otay Ranch Village Seven Sectional Planning Area
(SPA) Plan and all supporting documents including: Village Seven Village Design Plan;
Village Seven Public Facilities Finance Plan (PFFP), Air Quality Improvement Plan (AQIP),
Water conservation Plan (WCP); Village Seven SPA Parks, Recreation Open Space and
Trails Plan; Village Seven SPA Affordable Housing Plan and the Non-Renewable Energy
Conservation Plan,
5. The Developer shall implement the final AQIP measures as approved by the City Council,
and as may be amended from time to time, and to comply and remain in compliance with the
Air Quality Improvement Plan (AQIP).
6. The Developer acknowledges that the City Council may, from time-to-time, modify air
quality improvement and energy conservation measures as technologies and/or programs
change or become available. The Developer shall modify the AQIP to incorporate those new
measures upon request of the City, which are in effect at the time, prior to or concurrent with
each map approval within the Project. The new measures shall apply to development within
Village Seven SPA Plan
Conditions of Approval
all future map areas, but shall not be retroactive to those areas, which receive final map
approval prior to effect of the subject new measures. The Developer acknowledges and
agrees that the City has adopted the City of Chula Vista Air Quality Improvement Plan
Guidelines (AQIP Guidelines) as approved per Resolution No, 2003-260 and that such
guidelines as approved and as may be amended from time-to-time shall be implemented.
Page 2 of II
7. The Developer shall implement the final WCP measures as approved by the City Council,
and as may be amended from time to time, and to comply and remain in compliance with the
Water Conservation Plan (WCP).
8, The Developer acknowledges that the City Council may, from time-to-time, modify water
conservation measures as technologies and/or programs change or become available. The
Developer shall modify the WCP to incorporate those new measures upon request of the
City, which are in effect at the time, prior to or concurrent with each map approval within the
Project. The new measures shall apply to development within all future map areas, but shall
not be retroactive to those areas, which receive final map approval prior to effect of the
subject new measures, The Developer acknowledges and agrees that the City has adopted
the City of Chula Vista Water Conservation Plan Guidelines (WCP Guidelines) as approved
per Resolution No. 2003-234 and that such guidelines as approved and as may be amended
from time-to-time shall be implemented,
9. The Developer(s) shall implement to the satisfaction of the Director of Planning and
Building all mitigation measures identified in EIR #04-06 (SCH No. 2003111050), the
Candidate CEQA Findings of Fact and the Mitigation Monitoring and Reporting Program.
Prior to any activity that may potentially impact biological resources, such as clearing and
grubbing, the applicant(s) shall comply with all applicable requirements prescribed in the
Village Seven Environmental Impact Report (ErR 04-06; SCH No. 2003111050), and
Mitigation Monitoring and Reporting Program,
10. The Developer(s) shall comply with all requirements and policies of the Otay Ranch
Resource Management Plan (RMP) approved by the City Council on October 28, 1993, and
Phase 2 Resource Management Plan (RMP2), including the Preserve Conveyance Schedule,
as approved by City Council on June 4, 1996, or as amended from time to time by the City,
and shall enter into an agreement with the City prior to the approval of the first Tentative
Map for this Project, in order to implement the provisions of the Phase 2 Resource
Management Plan.
II. The Developer( s) shall convey fee title, or upon the consent of the Preserve Owner/Manager
(POM) and any lien holder, an easement restricting use of the land to those permitted by the
RMP, to the POM upon the recordation of each final map for an amount ofland equal to the
final map's obligation to convey land to the Preserve, as required by the RMP. Where an
easement is conveyed, the Developer(s) shall be required to provide subordination of any
prior lien holders in order to ensure that the POM has a first priority interest in such land,
Where consent and subordination cannot be obtained, the Developer(s) shall convey fee title,
Where fee title or an easement is conveyed, access to the satisfaction of the POM shall be
conveyed.. Where an easement is granted, each final map is subject to a condition that fee
Village Seven SPA Plan
Conditions of Approval
title shall be granted upon demand by the POM. The developer further agrees to maintain
and manage the offered conveyance property consistent with Phase 1 and 2 RMP guidelines
until such time when the POM has accepted the conveyance property.
Page 3 of 11
12, Prior to approval of the first "B" map for the Project, at the request of the City Engineer,
Developer(s) shall take all necessary steps to include the Project area within Improvement
Area "A" of the Otay Ranch Preserve Maintenance District (CFD. No. 97-02),
13, The Developer(s) shall obtain any necessary permits and comply with any applicable
requirements of the California Department of Fish and Game, California State Water
Resources Control Board, U.S. Department ofFish and Wildlife and the U,S. Army Corps of
Engineers. If required, Developer(s) shall apply for and receive a take permit/authorization
from the U,S. Fish and Wildlife Service and California Department of Fish and Game or
comply with the approved City of Chula Vista MSCP Subarea Plan or other equivalent take
permit/authorization applicable to the Project.
14, Developer(s) acknowledge that approval of the Otay Ranch Village Seven SPA Plan does not
constitute approval of the final lot configurations, grading, or street designs shown within the
SPA plan. Modifications must be reviewed and approved by the City Engineer and Director
of Planning and Building, the Planning Commission or the City Council during the tentative
subdivision map process. The ultimate total number of dwelling units for Village Seven,
resulting from more specific Tentative Map and Final Map planning and analysis, and/or the
Site Plan/Design Review process, may require a reduction in the number of total units as
described in the Village Seven SPA Plan and Otay Ranch General Development Plan,
15, Street cross sections shall conform to those standards contained in the Village Seven SPA
Plan. All other design criteria shall conform to the Otay Ranch Street Sections contained in
the document entitled Design Standards and the Subdivision Manual both as amended from
time to time, ("City Design Standards"), Any proposed variations from the City Design
Standards, which are not addressed in the SPA Plan shall be subject to approval by the City
and indicated on the appropriate tentative subdivision map,
16. Development of the subdivision shall comply with all applicable regulations established by
the United States Environmental Protection Agency (USEPA) as set forth in the National
Pollutant Discharge Elimination System (N,P,D.E,S,) permit requirements for urban runoff
and storm water discharge and any regulations adopted by the City of Chula Vista pursuant
to the N.P.D.E.S. regulations or requirements, Further, the Applicant shall file a Notice of
Intent with the State Water Resources Control Board to obtain coverage under the N.P,D.E.S.
General Permit for Storm Water Discharges Associated with Construction Activity and shall
implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the
commencement of grading activities. The SWPPP shall include both construction and post
construction pollution prevention and pollution control measures and shall identify funding
mechanisms for post construction control measures, The Developer, and successors in
interest, shall comply with all the provisions of the N.P.D,E.S. and the Clean Water Program
during and after all phases of the development process, including but not limited to: mass
grading, rough grading, construction of street and landscaping improvements, and
Village Seven SPA Plan
Conditions of Approval
construction of dwelling units, The Applicant shall comply with the City of Chula Vista
Development and Redevelopment Projects Storm Water Management Standards
Requirements Manual (Storm Water Management Standards Manual) and shaH design the
Project's storm drains and other drainage facilities to include Best Management Practices
(BMP's) to minimize non-point source pollution, satisfactory to the City Engineer.
Page 4 of 11
17. Prior to the approval of the first map for the Project, or issuance of the first grading permit
for the Project, whichever occurs earlier, Applicant shall enter into an agreement with the
City of Chula Vista, wherein the Applicant agrees to the following:
a, Comply with the requirements of the Storm Water Management Standards Manual
including revision of approved grading and or improvement plans as necessary
b. Indemnify, and hold harmless the City, its elected and appointed officers and employees,
from and against all fines, costs, and expenses and damages arising out of non-
compliance with the requirements of the NPDES regulations, in connection with the
execution of any construction and/or grading work for the Project, whether the non-
compliance results from any action by the Applicant, any agent or employee,
subcontractors, or others, The Applicant's indemnification shall include any and all
costs, expenses, attorney's fees and liability incurred by the City.
c. To not protest the formation of a facilities benefit district or any other funding
mechanism approved by the City to finance the operation, maintenance, inspection, and
monitoring of NPDES facilities. This agreement to not protest shall not be deemed a
waiver of the right to challenge the amount of any assessment, which may be imposed
due to the addition of these improvements and shaH not interfere with the right of any
person to vote in a secret ballot election.
Such Applicant obligation may be reassigned to a Master Homeowner's Association or other
appropriate Maintenance District subject to the approval of the City Engineer
IS. Prior to approval of the first final map for the Project the Developer(s) shall provide a Sub
Area Master Plan (SAMP) for Village Seven, as approved by Otay Water District (OWD),
which wiH also include an analysis of recycled water for open space slopes. When said
SAMP is approved, the Developer(s) shaH provide the water and recycled water
improvements in accordance with the SAMP. The SAMP shall be consistent with the SPA
Plan. If the SAMP is inconsistent with the SPA Plan, the Developer(s) shall be responsible
for obtaining the approval by OWD of any amendment to the Village Seven SAMP in order
for the Village Seven SAMP to be consistent with the approved SPA Plan prior to the
approval of the first map for the Project.
19, The Applicant shall comply with the Fire Department's codes and policies for Fire
Prevention, and the recommendations contained in the approved Fire Protection Plan, Urban-
Wildland Interface Area for Village Seven, as may be amended from time to time. Prior to
the approval of the first final map, a fire access and water supply plan prepared by a licensed
engineering firm, which has been determined to be qualified in the sole discretion of the Fire
Village Seven SPA Plan
Conditions of Approval
Page 5 of 11
Marshall, shall be submitted to for approval by the City Of Chula Vista Fire Department. The
plan shall detail how and when the Applicant shall provide the following items either prior to
the issuance of building permit(s) for the Project, or prior to delivery of combustible
materials on any construction site on the Project, whichever occurs earlier:
a. Water supply consisting of fire hydrants as approved and
indicated by the Fire Department during plan check to the
satisfaction of the Fire Department. Any temporary water supply
source is subject to prior approval by the Fire Marshal.
b. Emergency vehicle access consisting of a minimum first layer of
hard asphalt surface or concrete surface, with a minimum
standard width of 15 feet.
c. Street signs installed to the satisfaction of the City Engineer.
Temporary street signs shall be subject to the approval of the
City Engineer and Fire Department. Locations and identification
of temporary street signs shall be subject to review and approval
by the City Engineer and Fire Department.
20. Prior to the first final "A" Map, the Applicant shall agree to participate and shall thereafter
participate in any necessary funding for implementing a Poggi Canyon sewer trunk-
monitoring program, as determined by the City Engineer. The sewer trunk-monitoring
program shall include an analysis of the remaining capacity of the Poggi Canyon/Date-Faivre
sewer system. The analysis shall demonstrate to the satisfaction of the City Engineer that
sufficient capacity exists for the number of EDUs contained in all final map for the Project
submitted to the City pursuant to the limits set forth in the PFFP. The analysis shall include
all flows, including pumped flows, entering the Poggi Canyon Trunk Sewer, not just from
Village Seven, or from within the Poggi Canyon gravity basin.
21. The Village Seven sewer improvements shall be consistent with the Village 7 Conceptual Sewer
Study, dated April 14, 2004 or a subsequent Sewer Study submitted to and approved by the City
Engineer.
22. The Developer(s) shall develop a landscape concept, including a plant palette for the Village,
that is cohesive with the Otay Ranch Overall Design Plan (dated March 14, 1995) and is
distinguishable from other Villages to the satisfaction of the Director of Planning and
Building. Perimeter slopes, streetscapes and other open spaces crossing multiple
ownerships/neighborhoods shall be landscaped in such a manner as to provide continuity and
a uniform appearance throughout the Village.
23. Developer(s) shall comply with the provisions of the City of Chula Vista Parks and
Recreation Master Plan as adopted and as it affects facilities and other related requirements
for the Project's parks.
Village Seven SPA Plan
Conditions of Approval
24, The Developer(s) acknowledge and agree to comply with the provisions of the City ofChula
Vista Greenbelt Master Plan (September 16,2003) as adopted and as may be amended from
time to time,
Page 6 of II
25. Developer( s) agree( s) at Developer( s)' s sole expense, including to but not limited to the
necessary above and/or underground utilities to accommodate the required street trees within the
street tree planting easement and parkway as determined necessary by the Director of General
Services and the City Engineer.
26. The Village Seven Project shall satisfy the requirements of the City's Parkland Dedication
Ordinance (PDO), The ordinance establishes a requirement that the project provide three (3)
acres of local parks and related improvements per 1,000 residents. Local parks are
comprised of community parks and neighborhood parks, The Project's Neighborhood Park
portion of the local park requirement shall be satisfied through the provision of a 7.0 net-acre
Neighborhood Park (P-I), The remaining requirement shall be satisfied in a future
Community Park through the payment of park improvement fees and dedication of land in a
manner acceptable to the Director of General Services.
27. Developer(s) shall deliver parkland to satisfy (their) community parkland obligation(s) in a
manner consistent with Chula Vista Municipal Code Chapter 17, The community parkland
obligation will be included within a proposed Community Park to be located within a service
radius of Village Seven. The location of the community parkland obligation is subject to the
approval of the Directors of Planning and General Services.
28. Developer(s) acknowledge that Common Usable Open Spaces as described in the City of
Chula Vista Design Manual (Lots P2/CPF-I and P3/CPF-2a) shall not receive park credit.
29. The Developer(s) shall install Chula Vista transit facilities, which may include but not be
limited to benches and bus shelters, in accordance with the improvement plans approved by
the City. Since transit service availability may not coincide with project development, the
Developer(s) shall install said improvements when directed by the City. The Developer(s),
separately and individually, shall enter into (an) agreement(s) with the City prior to approval
of each Developers' first map regarding Developer(s') funding of these facilities, Said transit
stops shall be designed in the manner consistent with the transit stop details as described in
the SPA Plan and Village Design Plan, and as approved by the City's Transit Coordinator and
Director of Planning and Building,
30. In order to satisfy their fair-share contribution for financing the Bus Rapid Transit (BRT) or
other transit system, the DeveloperCs) shall enter into an agreement with the City which states
that the Developer(s) will not protest the formation of any potential future regional benefit
assessment district formed to finance the (BRT).
31. The Developer(s) shall each enter into an agreement with the City of Chula Vista, prior to
approval of each Developers' first final map, regarding the provision of affordable housing,
Said agreements shall be a condition of approval of each Developers' first tentative map.
Village Seven SPA Plan
Conditions of Approval
Such agreements shall be in accordance with the Chula Vista Housing Element, the Ranch
Wide Affordable Housing Plan and the Village Seven Affordable Housing Plan,
Page 7 of II
32, No final "B" maps may be recorded within Village Seven until such time that one or more
annexable Mello-Roos District(s), or other financing mechanism approved by the elementary
and high school districts to provide for the construction of needed elementary, middle and
high schools, is/are established,
33. If required by the City, the Developer(s), separately and individually, shall enter into
agreements with the City of Chula Vista, prior to approval of each Developers' first final "B"
map within Village Seven, in order to participate, on a fair share basis, in any deficiency plan
or financial program adopted by SANDAG to comply with the Congestion Management
Program (CMP),
34. If required by the County of San Diego, the Developer(s) shall equitably participate in any
future regional impact fee program for correctional facilities should the region enact such a
fee program to assist in the construction of such facilities, The Developer(s) shall enter into
an agreement, prior to approval of the first final map, with the City which states that the
Developer(s) will not protest the formation of any potential future regional benefit
assessment district formed to finance correctional facilities.
35, The Developer(s) shall fund the Reserve Fund as required by the Reserve Fund Program,
36, The Applicant shall deliver to the Chula Vista Elementary School District, Lot S-3 to the
satisfaction of the School District including utilities provided to the site and an all weather
access road acceptable to the District. 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,
37. Prior to the first final map the Developer shall coordinate with the High School District the
delivery of the High School Site S-I as shown on the Tentative Map.
38. Pursuant to the provisions of the Growth Management Ordinance (Section 19,09 of the
CVMC) and the Otay Ranch General Development Plan (GDP), and as they may be amended
from time to time, the Applicant shall complete the following: (I) Fund a fair share of the
preparation of an annual report monitoring the development of the community of Otay
Ranch. The annual monitoring report will analyze the supply of, and demand for, public
facilities and services governed by the threshold standards, An annual review shall
commence following the first fiscal year in which residential occupancy occurs and is to be
completed during the second quarter of the following fiscal year. The annual report shall
adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a
five year development phasing forecast identifying targeted submittal dates for future
discretionary applications (SPA's and tentative maps), projected construction dates,
corresponding public facility needs per the adopted threshold standards, and identifying
financing options for necessary facilities.
Village Seven SPA Plan
Conditions of Approval
39. The Developer(s) shall include maintenance of a proportional share of the Poggi Canyon
channel; the Wolf Canyon open space; the water quality and detention basins (the later in
accordance with the "Maintenance Plan for Wolf Canyon", dated July 15, 2004) in an open
space maintenance district formed for Village Seven,
Page 8 of I 1
40. The owners of each Village shall be responsible for retaining a project manager to coordinate
the processing of discretionary permit applications originating from 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 plarming and architecture.
41. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch GDP,
the Developer(s) 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.
42. The Developer(s) 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 Village Seven. The Developer(s)
understands that it is the City's intent to require the Developer(s) to focus development on the
village core in order to increase the viability of the core and to fulfill the objectives of the
Otay Ranch General Development Plan,
43. Phasing approved with the SPA Plan may be amended subject to approval by the Director of
Planning and Building and the City Engineer.
44. The Public Facilities Finance Plan (PFFP) for Village Seven or revisions thereto shall be
adhered to for the Village Seven 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 Village Seven, actual development may differ from the
assumptions contained in the PFFP. Neither the PFFP nor any other Village Seven
documents grant the Developer(s) an entitlement to develop as assumed in the PFFP, or limit
Village Seven'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 Village Seven 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 transportation phasing plan for the City of ChuIa Vista 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
Village Seven SPA Plan
Conditions of Approval
Page 9 of 11
45. The Developer(s) shall enter into supplemental agreement(s) with the City, prior to approval
of each final map for any phase or unit, whereby:
a, The Developer(s) agree(s) that the City may withhold building permits for any units in
Village Seven in order to have the Project comply with the Growth Management
Program; or, if anyone of the following occur:
(I) Regional development threshold limits set by a Chula Vista transportation phasing
plan, as amended from time to time, have been reached,
(2) Traffic volumes, level of service, public utilities and/or services either exceed the
adopted City threshold standards or fail to comply with the then effective Growth
Management Ordinance and Growth Management Program and any amendments
thereto,
(3) The required public facilities, as identified in the Public Facilities Finance Plan
(PFFP), or as amended or otherwise conditioned, have not been completed or
constructed to the City's satisfaction, The Developer(s) may propose changes in the
timing and sequencing of development and the construction of improvements
affected. In such case, the PFFP may be amended after review and approval by the
City's Director of Planning and Building and the Public Works Director. The
Developer(s) agree(s) that the City may withhold building permits for any of the
phases of development identified in the PFFP for Otay Ranch Village Seven SPA if
the required public facilities, as identified in the PFFP or as amended by the Annual
Monitoring Program, have not been completed, Public utilities shall include, but not
be limited to, air quality, drainage, sewer and water.
b. The Developer(s) agree to defend, indemnify and hold harmless the City and its agents,
officers and employees, pursuant to Section 66499.37 of the State Map Act, from any
claim, action or proceeding against the City, its agents, officers or employees:
(I) 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 the Project, and;
(2) As to each Developers' respective subsequent development of their portions of the
Project, provided the City promptly notifies the Developer(s) of any claim, action or
proceeding and on the further condition that the City fully cooperates in the defense,
46, The Developer(s) acknowledge(s) its/their understanding that the City is in the process of
amending its Growth Management Program and Ordinance in order to establish updated
development phasing provisions necessary to ensure compliance with threshold standards. In
order for the Otay Ranch Village Seven Project to be consistent with the City's growth
management provisions, the Developer(s) hereby agree(s) to comply with the Growth
Management Program and Ordinance, as may be amended from time to time, in order for the
Village Seven SPA Plan
Conditions of Approval
City to approve this Project. Said provisions shall also be included as a condition of approval
of all Tentative Maps within Village Seven.
Page 10 of 11
47. The Developer(s) shall submit electronic versions of all SPA documents, including text and
graphics, to the Planning and Building Department in a format specified and acceptable to
the Director of Planning and Building,
Village Seven SPA Plan
Conditions of Approval
Page 11 of 11
Exhibit B
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MCMILLIN OT A Y RANCH
LLC. AND OTAY PROJECT, L.P. RELATED TO VILLAGE SEVEN SPA APPROVAL
The Property Owner and the Developer(s) shall execute this document by signing the lines
provided below, said execution indicating that the Property Owner and Developer(s) have each
read, understood and agreed to the conditions contained in Resolution No, , and will
implement same to the satisfaction of the City. Upon execution, this document and a copy of
Resolution No, shall be recorded with the County Clerk of the County of San Diego, at
the sole expense of the Property Owner and/or Developer(s), and a signed, stamped copy
returned to the City Clerk. Failure to return a signed and stamped copy of this recorded
document within thirty days of recordation to the City Clerk shall indicate the Property
Owner/Developer(s)'s desire that the project, and the corresponding application for building
permits and/or a business license, be held in abeyance without approval.
Signature of Property Owner
Date
Signature of Property Owner
Date
Attachment( s)
H:ICOMMDEVIJimHI092204PCV7IV7 PCM 04-05 SPA Conditions of Approval.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA
(SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR
OT A Y RANCH, VILLAGE SEVEN.
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A" attached hereto and described as encompassing approximately 303 acres, and is
commonly known as Otay Ranch Village Seven Sectional Planning Area (SPA) ("Property"); and,
WHEREAS, an application for adoption of the Otay Ranch Village Seven Sectional
Planning Area (SPA) Plan, was filed with the City of Chula Vista Planning Department on
September 2, 2003 by McMillin Otay Ranch, LLC, later joined in that application by Otay Ranch
Project LC (together, "Applicants"); and
WHEREAS, the Otay Ranch Village Seven Sectional Planning Area (SPA) Plan, Planned
Community District Regulations ("Project") are intended to ensure that the Otay Ranch Village
Seven Sectional Planning Area (SPA) Plan is prepared in accordance with the Otay Ranch General
Development Plan (GOP), to implement the City of Chula Vista General Plan for eastern Chula
Vista, to promote the orderly planning and long term phased development of the Otay Ranch GOP
and to establish conditions which will enable the Otay Ranch Village Seven Sectional Planning Area
to exist in harmony within the community; and,
WHEREAS, the Otay Ranch Village Seven Sectional Planning Area (SPA) Planned
Community District Regulations are established pursuant to Title 19 of the Chula Vista Municipal
Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable to the Otay
Ranch Village Seven SPA Land Use Plan ofthe Otay Ranch Village Seven Sectional Planning Area
(SPA) Plan; and,
WHEREAS, the Otay Ranch Village Seven Sectional Planning Area Planned Community
~istrict Regulations establish zoning regulations for the (PC) Planned Community Zoning ~istrict
located in Otay Ranch Village Seven Sectional Planning Area; and,
WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and
determined that the Project would result in a significant impact to the environment, therefore, a
Second-Tier Environmental Impact Report (Final EIR 04-06) has been prepared; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said Otay
Ranch Village Seven Sectional Planning Area (SPA) Plan (PCM-04-05) 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 500 feet of the exterior boundaries of the Project site at
least ten days prior to the hearing; and,
Ordinance No.
Page 2
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p,m"
September 22, 2004 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and the Planning Commission recommended approval of the Project to the City Council and said
hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOL VED THAT THE CITY COUNCIL ofthe City of
Chula Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing held on September 22, 2004 and the minutes and resolutions resulting therefrom, are
hereby incorporated into the record of this proceeding. These documents, along with any
documents submitted to the decision makers, shall comprise the entire record of the
proceedings for any California Environmental Quality Act (CEQA) claims,
II. COMPLIANCE WITH CEQA
The environmental impacts associated with the Planned Community (PC) District
Regulations for Village 7 have been analyzed in the Final Environmental Impact Report
(FEIR) 040-06, The City Council finds that the FEIR 04-06, the Findings of Fact and
Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program
have been prepared in accordance with the requirements of the California Environmental
Quality Act (CEQA), Public Resources Code section 21000 et seq., the CEQA Guidelines,
Cal. Code of Regulations, Title 14, section 15000 et seq., and the Environmental Review
Procedures of the City ofChula Vista. The City Council furthers finds that the FEIR 04-06
reflects the independent judgment of the City Council of the City ofChula Vista.
III. ACTION
The City Council hereby adopts an Ordinance to the Otay Ranch Village Seven Sectional
Planning Area Planned Community District Regulations, dated August 24, 2004 and
comprising Section 11.3 of the "Village Seven SPA Plan", finding that they are consistent
with the City ofChula Vista General Plan, the Otay Ranch General Development Plan, Otay
Ranch Village Seven Sectional Planning Area (SPA) Plan, and all other applicable Plans, and
that the public necessity, convenience, general welfare and good planning and zoning
practice support their approval and implementation.
IV. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
Presented by
Approved as to form by
Ordinance No,
Page 3
Jim Sandoval
Planning and Building Director
Ann y, Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California,
this 12th day of October, 2004, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 12th day of October, 2004.
Executed this Ith day of October, 2004,
Susan Bigelow, City Clerk
H:\COMMDEV\JimH\092204PCV7\V7 SPA Plnd Comm DIST REG ORD PC 092204.doc