HomeMy WebLinkAboutPlanning Comm Reports 2004/09/22 (4)
PLANNING COMMISSION AGENDA STATEMENT
Item: 3
Meeting Date: 09/22/04
ITEM TITLE:
Public Hearing: PCS 05-09; Consideration of a Tentative
Subdivision Map for a portion ofOtay Ranch Village seven Sectional
Planning Area Plan - Otay Project LP
Otay Project LP has made application for a subdivision comprising 105 acres of Village 7 of Otay
Ranch. This application has been concurrently processed along with the Village 7 Sectional
Planning Area (SPA) plan, and FEIR 04-05, both of which are subject ofreports scheduled on the
same agenda date as this matter. The reports on the SPA and FEIR both go into considerable detail
regarding the overall design ofthe proposed Village, and should be consulted in conjunction with
this analysis ofthe proposed subdivision. Further, a second, adjoining, subdivision action, PCS 05-
07 by McMillin Otay Ranch LLC, has also be concurrently processed and is intended to be fully
compatible with the subdivision which is subject of this report.
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 attached Resolution No. PCS-05-09 recommending that the
City Council approve Tentative Subdivision Map in accordance with the findings and subject to the
conditions contained therein,
BOARDS/COMMISSIONS RECOMMENDATION:
None.
BACKGROUND
Location
The subdivision comprises primarily the northwestern quarter of Village 7, together with extensions
of La Media on. It is bounded by Birch Road on the north, the proposed Magdalena on the east, and
La Media the west. The site surrounds on three sides the 50-acre FAA VORTACA parcel. Also
included with this application and evaluated is a grading balance site within Otay Ranch Village 4.
Item:
Meeting Date: 9/22/04
Page 2
General Plan, Zoning and Land Use Criteria
Otay Ranch is zoned Planned Community (PC) as are the other master planned communities such as
Sunbow and EastLake. Land development regulations are contained in the pending Planned
Community (PC) District Regulations within the SPA plan. The Village 7 PC District Regulations
establish separate zoning districts for the village land uses,
DISCUSSION:
Description ofthe Proposed Subdivision Request
Otay Project LP has applied for approval of a tentative subdivision map to subdivide an
approximately 105-acre site comprising the western portion of Village 7 in the Otay Ranch. The
tentative map proposes dividing Otay Project's portion of Village 7 into three single-family
neighborhoods comprising 375 lots on approximately 51 acres, a Community Purpose Facility site of
0.8 acres, public rights-of-way and both natural and altered open space. In addition to the
subdivision of lots, the application seeks approval of grading design, infrastructure improvements
and rights-of-way to serve the neighborhoods.
Parcelization, These land uses are intended to be consistent with the arrangement and uses as
authorized by the Village 7 SPA plan. Table 1 details the inventory of lots, uses and sizes as
proposed.
a e , nven orv 0 os an ses
NEIGHBOR- DISTRICT USE ACRES UNITS AVE LOT
HOOD (See Note) SIZE
R-2A SF4 SFDs 24.0 150 3816 sf
R-2B SF4 SFDs 16.7 169 3019 sf
R-2C SF4 SFDs 10.3 56 5841 sf
CPF CPF Communitv 0.8 N/A N/A
OS-I-OS-4 OS/Pl Open Space 38.7 N/A N/A
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Note: Districts are per the pending Village 7 PC District Regulations, defined as:
SF4 - Single-Family Four: Zoning District which permits single-family housing located on lots <5,000 square feet.
CPF - Community Purpose Facility: Zoning District which permits uses which may be established pursuant to the
Community Purpose Facilities Ordinance Section of the City ofChula Vista Planned Community Zone District.
OS/P I - Open Space/Park 1: District which includes developed or usable open space areas and park uses, and may
include naturalized open space.
Item:
Meeting Date: 9/22/04
Page 3
Grading, The grading proposed by the subdivision application would provide for a cut and fill
totaling 6,642,800 cubic yards (3,321,400 cubic yards of cut and 3,321,400 cubic yards offill).
Cut and fill areas include the areas parallel to and south of Birch Road. Some fill will occur in the
drainage which extends eastward from the head of Wolf Canyon and offsite public improvements,
Cut and fill will be balanced using an off-site borrow within the future Village 4.
lnfrastructure/lmvrovements. This subdivision proposes a number of public facilities and
infrastructure improvements in support of the uses above and in accordance with the requirements
of the City's subdivision polices and regulations. A generalized inventory of public improvements
proposed within the subdivision are listed in Table 2,
a e . n ras rue ure an mprovemen s
Item Location Description Dimensions
Magdalena From Birch Road to Modified Village Entry 0 108' Right of Way
Wolf Canyon Loop and Street Road with right- 0 4-Lanes
Santa Luna to Rock of-way and traffic (Emergency
Mountain [off-site] control improvements, Parking only)
including an off-site 0 6' Median
extension to Rock 0 Village Pathway
Mountain Road parallel
Magdalena Between Wolf Canyon Modified Secondary 0 90' Right-of-way
Loop and Santa Luna Village Entry Street 0 2-Lanes
0 6' Median
0 Village Pathway
parallel
La Media From Birch Road to Six-Lane Prime 0 128' Right of Way
Santa Luna Street Arterial with right-of- 0 6-Lanes
way and traffic control 0 16' Median
improvements 0 Regional Trail on
both sides, south of
Wolf Canyon
Santa Ltma Street From La Media to Secondary Village 0 61' Right of way
Magdalena Entry Street with right- 0 2-Lanes
of-way and grading
onlv per this map,
Internal streets and Within subdivision Residential 0 58' Right-of-way
ways. neighborhoods classification streets 0 2-Lanes
with improvements. 0 32' Curb-to-Curb
T bl 2 1ft t
dI
t
Item:
Meeting Date: 9/22/04
Page 4
Open Space and Magdalena to La Open space;
Drainage Media, in Open Space landscaping; drainage
Improvements structures; regional
trail and local trail
connectors
Utilities and Throughout Sewer, water, storm
Infrastructure drainage and other
utility systems
Vehicular access to this subdivision will be provided by Magdalena, which will extend southerly
from Birch Road to Rock Mountain Road, providing two points of access to the future arterial
system. Initial public street access will be provided solely via the connection to Birch Road. A
subdivision condition limits residential unit construction pending availability of a second connection
to the west via the off-site Santa Luna and northward via an extension of La Media.
The northern portion of the subdivision comprises the primary current development area ofth site,
containing single family units and the internal street system. Consistent with the policies of the Otay
Ranch General Development Plan (GDP), a grid-pattern street system has been designed to minimize
residential cul-de-sacs and provide multiple points of access throughout the subdivision. In addition,
several alleys parallel to residential streets allow those streets to be narrower and free of driveways.
Trails. Parks. and Oven Svace. Pedestrian routes and trails are proposed throughout the
subdivision to connect internal paths to regional trails. A village pathway, a l5-foot wide
hardscape path along Magdalena, will connect from the Village Core area to Birch Road. A
regional trail is proposed within the large open space greenbelt parcel between the VORT AC site
and the residential neighborhood, in accordance with the system anticipated by the General
Development Plan and the Greenbelt Master Plan. Access to this system is provided not only by
the intersecting village pathway, but also via a side trail connecting directly into the residential
neighborhood, Drainage control is also incorporated into this landscaped, trail-accessable feature,
Communitv Purvose Facilitv. This subdivision will fulfill the CPF obligation as required in the
SPA Plan and GDP by providing a D.8-acre facility (CPF-l) within the R-2 neighborhoods, which
will be developed as a focal point park. The map supports, but does not designate at this time
reservations for further CPF acreage elsewhere in the village core, per the criteria set forth in the
SPA document.
Analvsis
The proposed subdivision subject to this application is consistent with and implements the approved
Otay Ranch General Development Plan (as amended), Through concurrent processing, it is designed
Item:
Meeting Date: 9/22/04
Page 5
to fit exactly to the proposed Village 7 SPA Plan, The Tentative Map has addressed previous City
Council concerns regarding vehicular access, narrower streets and multiple points of access to each
neighborhood, The subdivision implements the objectives of the SPA, and provides the basis for
review of facilities improvements and grading, Based on the foregoing, staff has drafted a
resolution providing an affirmative basis of findings as required by the Municipal Code and the
Subdivision Map Act. The resolution has as attachment a series of conditions of approval designed
to clarify necessary performance in carrying out the subdivision and improvements, to further assure
initial and long-term conformance of the subdivision with these standards.
CONCLUSION:
On he basis of the foregoing analysis, and in reliance on the resolution and conditions of approval as
attached, staff has determined that the proposed subdivision merits the approval of the Plarming
Commission.
Attachments
I. Locator Map
2. Tentative Subdivision Map (Separate Document)
3. Planning Commission Resolution (PCS-05-09)
4. Draft City Council Resolution No. , with Disclosure Statement
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CHULA 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 :\ptanning\carlos\locators\eir0406.cdr 08.30.04
RESOLUTION NO. PCS-05-09
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CHULA VISTA RECOMMENDING THAT
THE CITY COUNCIL APPROVE A TENTATIVE
SUBDIVISION MAP FOR A PORTION OF THE OT A Y
RANCH, VILLAGE SEVEN SECTIONAL PLANNING
AREA (SPA) PLAN- OTAY PROJECT L.P., CHULA VISTA
TRACT 05-09.
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A" attached to City Council Resolution and described on Chula Vista Tract 05-09, and
is commonly known as "Otay Ranch Village Seven Tentativc Map", ("Property"); and,
WHEREAS, a duly verified application for the subdivision of the Property in the form of
a tentative subdivision map known as '"Otay Ranch Village Seven Tentative Map, Chula Vista
Tract 05-09". ("Project"), was filed with the City of Chula Vista Planning and Building
Department on August 24, 2004 by Otay Project L.P., ("Applicant"); and,
WHEREAS, the application requests the approval for the subdivision of approximately
105 acres of land located east of La Media Road and south of Birch Road within Otay Ranch
Village Seven SPA into 375 Residential lots; and
WHEREAS, the development of the Property has becn the subject matter of the Otay
Ranch ()cneral Dcvelopment Plan ("GDP") previously approvcd by the City Council on October
28, 1993 by Resolution No. 17298, and as amended on Novembcr 10, 1998 by Resolution No.
19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said
GDP, rclied in part on the Otay Ranch General Development Plan, Final Environmental Impact
Report No. 90-01, SCH #9010154 ("Program FEIR 90-01 "); 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 lime and place for a hcaring on said Otay
Ranch Village Sevcn Tentativc Map, Chula Vista Tract 05-09, (PCS-05-09) 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 fcet of the cxterior
boundaries of the Project site at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at thc 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 said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the
Planning Commission, the Commission has determined that the approval of "Otay Ranch
Village Seven Tentative Map, Chula Vista Tract 05-09". (PCS-05-09) is consistent with the City
of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch Planning
Area 7 SPA Plan, and all other applicable Plans, and that the public nccessity, convenience,
general wclfare and good planning practice support the approval.
Planning Commission Resolution PCS 05-09
Page 2
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION
recommends that the City Council adopt a resolution approving "Otay Ranch Villagc Seven
Tentative Map, Chula Vista Tract 05-09", (PCS-05-09) 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 thc property and the
City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 22nd day of September, 2004 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Vicki Madrid, Vice Chair
ATTEST:
Diana Vargas. Secretary
H:\COMMDEV\JimH\092204PCV7\V7 PCS 05-09 draft PC Resolution final draft.doc
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A TENTATIVE
SUBDIVISION MAP FOR A PORTION OF THE OT A Y
RANCH, VILLAGE SEVEN SECTIONAL PLANNING
AREA (SPA) PLAN- OT A Y PROJECT L.P., CHULA VISTA
TRACT 05-09.
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit '"A" attached to City Council Resolution No, and described on Chula Vista Tract
05-09, and is commonly known as Otay Ranch Village Seven Tentative Map, ("Property"); and,
WHEREAS, a duly verified application for the subdivision of the Property in the form of
a tentative subdivision map known as "Otay Ranch Village Seven Tentative Map, Chula Vista
Tract 05-09", ("Project"), was filed with the City of Chula Vista Planning and Building
Department on August 24,2004 by Otay Project L.P" ("Applicant"); and,
WHEREAS, the application requests the approval for the subdivision of approximately
I 05 acres of land located east of La Media and south of Birch Road within Otay Ranch Village
Seven SPA into 375 residential lots; and
WHEREAS, the development of the Property has been the subject matter of the 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") wherein the City Council, in the environmental evaluation of said
GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact
Report No, 90-01, SCH #9010154 ("Program FEIR 90-01 "); 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 Tentative Map, Chula Vista Tract 05-09", (PCS-05-09) 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 ofthe 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 Project and said
hearing was thereafter closed; and
WHEREAS, a public hearing was scheduled before the City Council of the City of
Chula Vista on proposed "Otay Ranch Village Seven Tentative Map, Chula Vista Tract 05-09",
(PCS-05-09) 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 this Tentative Subdivision Map 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 of Chula 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 approves the resolution approving the Otay Ranch Village
Seven Tentative Map, Chula Vista Tract 05-09", (PCS-05-09) involving 105 acres ofland
known as Otay Ranch Village Seven Tentative Map in this resolution, finding it is
consistent with the City of Chula Vista General Plan, the Otay Ranch General
Development Plan, Village Seven 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. TENTATIVE SUBDIVISION MAP FINDINGS
Pursuant to Government Code Section 66473,5 of the Subdivision Map Act, the City
Council finds that the Village Seven McMillin Otay Ranch Tentative Map, Chula Vista
Tract 05-09", (PCS-05-09) as conditioned, attached as Exhibit "B" to this resolution,
herein for Applicant, is in conformance with all the various elements of the City's
General Plan, the Otay Ranch General Development Plan and Village Seven Sectional
Planning Area (SPA) Plan, based on the following:
1. Land Use
The Project is in a planned area that provides urban village uses authorized
by the Village Seven Sectional Planning Area (SPA) Plan, The Tentative
Map proposes a total of 375 residential dwelling units. A total of three
single-family residential neighborhoods are proposed ranging from 7.2 to
17.9 dwelling unit per acre. Lot sizes average from 3019 square feet to
5841 square feet.
2, Circulation
All of the on-site and off-site public and private improvements required to
serve the subdivision are part of the project description or are conditioned
consistent with the Otay Ranch General Development Plan, and the
Village Seven SPA Plan. The Applicant shall construct those facilities in
accordance with City and the Village Seven SPA Plan standards.
The Village 7 Circulation Plan details the hierarchy of vehicular
circulation for internal neighborhood residential streets, collector streets,
village entries and prime arterials serving the Proj ect.
The Tentative Map provides multiple points of access to Magdalena. The
Tentative Map boundaries are bounded by Magdalena on the east, Birch
Road on the North and future extension of La Media Road on the west.
Access to these arterials will be via Magdalena. 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.
Magdalena will serve as the primary backbone, bisecting Village 7 from
north to south and crossing the greenbelt.
3. Housing
The Project provides a mix of lot sizes for single family for persons of
various income levels.
Prior to recordation of any final subdivision map for the Project, the
Developer will enter into an Affordable Housing Regulatory Agreement.
The Agreement will set forth the method of determination of the in-lieu
contribution, schedule for payment, and the value of the total in-lieu
contribution,
4, Parks. Recreation and Open Space
In fulfillment of its obligation to provide 3.96 acres of parkland, the
developer will provide land via an irrevocable offer of dedication,
payment of in-lieu fees, or a combination thereoftowards a Community
Park within the service area of Village 7, The developer will also provide
development fees in accordance with CVMC 17.10.
The Village Greenway, part of the Citywide greenbelt trail that is to
provide for a connection from Otay Valley Regional Park through Otay
Ranch and to Salt Creek, as described in the City's Greenbelt Master Plan,
will be incorporated within the Wolf Canyon corridor between La Media
Road and Magdalena Avenue.
5. Conservation
The Program EIR and FEIR addressed the goals and policies of the
Conservation Element of the General Plan and found development of this
site to be consistent with these goals and policies. The Otay Ranch Phase
Two Resource Management Plan requires conveyance of 1.18 acres of
land to the Otay Ranch Preserve for everyone-acre of developed land
prior to approval of any Final Map.
6, Seismic Safetv
The proposed subdivision is in conformance with the goals and policies of
the Seismic Element of the General Plan for this site. No seismic faults
have been identified in the vicinity of the Project according to the Village
Seven SPA Geotechnical Reconnaissance Report.
7, Public Safety
All public and private facilities are expected to be reachable within the
threshold response times for fire and police services,
8, Public Facilities
The Applicant will provide all on-site and off-site streets, sewers and
water facilities necessary to serve this Project. The developer will also
contribute to the Otay Water District's improvement requirements to
provide terminal water storage for this Project as well as other major
projects in the eastern territories.
9. Noise
The Project will include noise attenuation walls. In addition, all buildings
are required to meet the standards of the Uniform Building Code with
regard to acceptable interior noise levels.
10. Scenic Highway
The roadway design provides wide landscaped buffers along Magdalena,
Birch Road, and Rock Mountain Road, There are no scenic highway
adjacent to the Project,
11. Bicvcle Routes
Bicyclists will share internal streets with motor vehicles due to the
anticipated low traffic volumes and limited speeds allowed on
residential streets. Birch Road includes a bike lane (class II) adjacent
to the curb. La Media Road includes a bike lane (class I) within the
right-of-way on the road westerly side,
12, Public Buildings
Public buildings are not proposed on the Project site as part of the
community purpose facility locations,
The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extent to the impact
created by the proposed development.
V. CONDITIONS OF APPROVAL
The City Council hereby approves the Project subject to the conditions set forth in
Exhibit "B", attached hereto,
VI. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right
to revoke or modify all approvals herein granted, deny, revoke or further
condition issuance of all future building permits issued under the authority of
approvals herein granted, institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation,
VII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is
dependent upon the 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 a Court of competent jurisdiction to
be invalid, illegal or unenforceable, this resolution shall be deemed to be
automatically revoked and of no further force and effect ab initio,
Presented by
Approved as to form by
Jim Sandoval
Planning and Building Director
Ann y, Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
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 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 12th day of
October 2004.
Executed this 12'h day of October 2004.
Susan Bigelow, City Clerk
H:ICOMMDEVIJimHI092204PCV7\v7 PCS 05-09 draft City Council TM resolution final draft.doc
Exhibit "'8"
Otay Ranch Village 7 Tentative Subdivision Map
(C.V.T.05-09)
CONDITIONS OF APPROVAL
Unless otherwise specified or required by law: (a) the conditions and Code requirements set
forth below shall be completed prior to the related Final Map as determined by the Director of
Planning and Building, the City Engineer, and the Director of General Services (b) unless
otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title.
Where an easement is required the Applicant shall be required to provide subordination of any
prior lien and easement holders in order to ensure that the City has a first priority interest and
rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated
to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by
the City.
Should conflicting wording or standards occur between these conditions of approval, any conflict
shall be resolved by the City Manager or designee.
GENERAL/PRELIMINARY
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 as to any
or all of the Property. For purposes of this document the term "Developer" shall also mean
"Applicant". (Planning)
2. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista
General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual;
Chula Vista Design Manual; Otay Ranch General Development Plan, Otay Ranch Resource
Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch
Overall Design Plan; Village Seven Sectional Planning Area (SPA) and Tentative Maps
(TMs) Final Second-Tier Environmental Impact Report (Final ElR 04-06) and associated
Mitigation Monitoring and Reporting Program (MMRP); Otay Ranch Village Seven
Sectional Planning Area (SPA) Plan and supporting documents including: Public Facilities
Finance Plan (PFFP); Parks, Recreation, Open Space and Trails Plan; SPA Affordable
Housing Plan, Air Quality Improvement Plan (AQIP), Water Conservation Plan (WCP); and
the Non-Renewable Energy Conservation Plan as amended from time to time, unless
specifically modified by the appropriate department head, with the approval of the City
Manager. These plans may be subject to minor modifications by the appropriate department
head, with the approval of the City Manager, however, any material modifications shall be
subject to approval by the City Council. (nanning)
3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are,
by their terms, to be implemented and maintained over time, jf 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
Page I of 33
granted, institute and prosecute litigation to compel their compliance with said conditions or
seek damages for their violation. The Applicant shall be notified 10 days in advance prior to
any of the above actions being taken by the City and shall be given the opportunity to remedy
any deficiencies identified by the City. (Planning)
4. Applicant shall indemnify, protect, defend and hold the City harmless from and against any
and all claims, liabilities and costs, including attorney's fees, arising from challenges to the
Village Seven SPA, Tentative Maps, and Second Tier EIR (EIR 04-06) and subsequent
environmental review for the Project and any or all entitlements and approvals issued by the
City in connection with the Project. (Planning)
5. The Applicant shall comply with all applicable Village Seven SPA conditions of approval,
(PCM 04-05) as may be amended from time to time. (Planning)
6. Prior to the approval of the first "'A" Map for the Project, Applicant shall prepare and submit,
to the satisfaction of, and as deemed necessary by the Director of Planning and Building, an
updated Sectional Planning Area (SPA) Plan, and supporting regulating documents
including, but not limited to text, exhibits, and tables for the Village Seven SPA Plan;
Planned Community District Regulations; Village Design Plan; Public Facilities Finance
Plan; Affordable Housing Plan Air Quality Improvement Plan; Water Conservation Plan;
Non-Renewable Energy Conservation Plan; Parks, Recreation, Open Space and Trails Plan;
and applicable environmental documents. (Planning)
7. Any and all agreements that the Applicant is required to enter in hereunder shall be in a form
approved by the City Attorney. (Planning)
8. A reserve fund program has been established by Resolution No. 18288 for the funding of the
Fiscal Impact of New Development (F.I.N.D.) Model for the Otay Ranch Project. The
Applicant shall provide funds to the Reserve Fund as required by the Reserve Fund Program.
Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch
General Development Plan (GDP), the Applicant shall participate in the funding 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 in the Project
and is to be completed during the second quarter of the following fiscal year. The annual
report shall adhere to the GDP/SRP, as amended from time-to-time. (Planning)
9. In accordance with mitigation measure 4.3-2 of the Final EIR 04-06 and associated MMRP,
no units within Village 7 shall be constructed which would result in the total number of units
within the Eastern Territories exceeding 8,990 (the start date for counting is January I,
2003), prior to the construction of SR 125 between SR 54 and the International Border.
Therefore, prior to approval of the first Final Map within the Project, Developer shall enter
into an agreement with the City of Chula Vista, wherein Developer acknowledges and agrees
that the City shall not issue building permits for residential units within Village Seven, prior
to the completion ofSR-I25 to the International Border.
Notwithstanding the foregoing, the City may issue building permits if the City Council, in its
sole discretion, determines that each of the following conditoins have been met: (I) SR-125
Page 2 of 33
is constructed and open between SR-54 and Olympic Parkway; and (2) traffic studies,
prepared to the satisfaction of the City Engineer and the City Council, demonstrate that the
opening ofSR-125 to Olympic Parkway provides additional capacity to mitigate the project's
cummulately significant traffic impacts to a level below significance without exceeding
GMOC traffic threshold standards. Alternatively, the City may issue building permits if the
City Council, in its sole discretion, has approved an alternative method to implement the
City's Growth Management Odinance, as may be amended from time to time. (Engineering)
10. The Applicant shall comply with the terms of the Conveyance Agreement, as may be
amended from time to time, adopted by Resolution No. 18416 by the City Council on
October 22, 1996 ("Conveyance Agreement"), to the satisfaction of the Director of Planning
and Building. (Planning)
ENVIRONMENTAL
11. The Applicant shall implement, to the satisfaction of the Director of Planning and Building
and Environmental Review Coordinator, all environmental impact mitigation measures
identified in Final EIR 04-06 (SCH# 2003111050), the candidate CEQA Findings and
MMRP for this Project. (Planning)
12. The Applicant shall comply with all applicable requirements of the California Department of
Fish and Game, the California State Water Resources Quality Control Board, the U.S. Fish
and Wildlife Service and the U.S. Army Corps of Engineers. Prior to any activity that may
potentially impact biological resources, such as clearing and grubbing, the Applicant shall
comply with all applicable requirements prescribed in Final EIR 04-06 (SCH# 2003111 050)
and MMRP. (Planning)
13. The Applicant 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, if applicable to the Project. (Planning)
14. Prior to the approval of each final "'B" Map for the Project, the Applicant shall comply with
all requirements and policies of the Otay Ranch Resource Management Plan (RMP) as
approved by City Council on October 28, 1993, and Otay Ranch, Phase 2 Resource
Management Plan (RMP2) and "Preserve Conveyance Schedule," as approved by City
Council on June 4, 1996, and as may be amended from time to time by the City. (Planning)
15. Prior to the issuance of the first grading permit (including clearing and grubbing) for the
Project, the Applicant shall comply with the requirements of the RMP, Phase Two, Range
Management Plan to the satisfaction of the Director of Planning and Building. (Planning)
16. Simultaneously with conveyance ofland to the Preserve Owner/Manager (POM) in fee title
or by easement, the Applicant shall cease all cattle grazing on the land to be conveyed. In
addition, the Applicant shall ensure through the maintenance of existing fencing or gating, if
sufficient, or the construction of new fencing or gating, if deemed necessary by the City, that
cattle from adjacent areas cannot access the land being conveyed. In addition, Applicant
shall comply with the requirements of the RMP, Phase Two, Range Management Plan to the
satisfaction of the Director of Planning and Building. (Planning)
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17. Prior to the approval of each final "B" Map for the Project, Applicant shall comply with all
requirements of the Village Seven SPA Plan Agricultural Plan. (Planning)
18. The Developer agrees to 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 Otay Ranch Resource Management Plan (RMP), to the POM upon the
recordation of each Final Map for an amount of land equal to the Final Map's obligation to
convey land to the Preserve. Where an easement is conveyed, the Developer agrees 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 shall convey fee title. Where fee title or an easement is conveyed, access to the
satisfaction of the POM shall also be conveyed. Where an easement is granted, each Final
Map is subject to a condition that fee 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. (Planning)
19. Prior to approval of the first "B" Map for the Project, at the request of the City Engineer,
Developer 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). (Engineering)
SPECIAL CONDITIONS OF APPROVAL
20. In accordance with mitigation measure 4.4-1 of the Final EIR 04-06 and associated MMRP,
an acoustical study confirming wall geometrics and conformance with the City's noise
threshold for residential units along Birch Road and La Media Road shall be approved by the
Environmental Review Coordinator prior to grading permit. A noise barrier plan shall be
prepared in conformance with the aforementioned study as well as the noise analysis
contained in Final EIR 04-06 and the associated MMRP. The noise barrier plan shall be
submitted for review and receive approval by the Director of Planning and Building,
Environmental Review Coordinator, Director of Public Works and Director of General
Services prior to issuance of the first grading pernlit for the Project. This noise barrier plan
shall be incorporated into the wall and fence plan, a component of the Landscape Master
Plan. Should Developer request modification of the approved wall and fence plans,
Developer shall provide additional acoustical analysis if required by the Director of Planning
and Building and Environmental Review Coordinator. Noise barriers shall be constructed
within dedicated open space lots and shall not be constructed on private property unless a
MHOA is formed to maintain sound barriers to the satisfaction of the Director of Public
Works and the Environmental Review Coordinator. (Environmental. Engineering)
21. Unless required noise barriers are constructed, no building permits shall be issued for those
lots within the noise contour of 65 CNEL or greater as described in the Acoustical Impact
Analysis by Giroux & Associates, dated June 1,2004 and the Noise Technical Report for
Otay Ranch Village 7 by RECON, dated February 23, 2004, unless earlier modified by
agreement with the City of Chula Vista and Applicant. (Environmental, Engineering)
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22. Applicant shall make a good-faith effort to coordinate development and implementation of
the Village Seven SPA Plan Area with all other developers/applicants within Village Seven
including phasing, grading, improvements and dedication of right-of-way. (Planning)
23. The following conditions of approval are based upon the project having multiple Final Maps
for the entire subdivision, which shall be referenced hereinafter as "Final 'B' Maps". A Final
"B" Map is defined as a final subdivision or parcel map, filed in accordance with the
Subdivision Map Act and the Chula Vista Municipal Code, which proposes to subdivide land
into individual single or multi-family lots, or contains a subdivision of the multi-family lots
shown on the Tentative Map. The "B" Map shall be in substantial conformance with the
related approved final "A" Map. Unless otherwise specified, all conditions and code
requirements listed below shall be fully completed to the City's reasonable satisfaction prior
to approval of the first Final 'B' Map. (Engineering)
24. Prior to approval of the first final "B" Map for the Project within the Tentative Map, the
developer may submit and obtain the approval of the City ofa master Final Map ("A" Map)
over the portion of the tentative map within each area showing "super block" lots
corresponding to the units and phasing or combination of units and phasing thereof. Said
"A" Map shall also show open space lot dedications, the backbone street dedications and
utility easements required to serve the "super block" lots created by this "A" Map. All "super
block" lots created by this "A" Map or parcel map shall have access to a dedicated public
street. A lot line adjustment, if utilized in accordance with City standards and procedures,
shall not be considered the first "A" Map. The "A" Map may contain single-family
residential units. An "A" Map shall not be considered the first Final Map as indicated in the
conditions of approval unless said Map contains single family lots, stock co-operative,
community apartment, condominium lots or multi-family lots as shown. (Engineering)
25. The subsequent development of a multi-family lot which does not require the filing of a "B"
Map shall meet, prior to issuance of a building permit for that lot, all the applicable
conditions of approval of the tentative map, as determined by the City Engineer.
(Engineering)
26. In the event of a filing of a final 'B' Map which requires oversizing of the improvements
necessary to serve other properties within the Project, said Final Map shall be required to
install all necessary improvements to serve the project plus the necessary oversizing of
facilities required to serve such other properties (in accordance with the restrictions of state
law and City ordinances). (Engineering)
DESIGN
27. Any proposed monumentationlsignage shall be consistent with the Village Seven Village
Design Plan and shall be reviewed and approved by the Director of Planning and Building
prior to approval of the appropriate Final Map. (Planning)
28. Prior to issuance of the first building permit, Applicant shall submit for review and approval
a sign program to the Director of Planning and Building. Prior to issuance of the first
building permit, Applicant shall post temporary signs on all neighborhoods within the Project
indicating the future land use(s) for said sites with signage consistent with the sign program.
Page 5 of33
Temporary signs shall be maintained in place until such time as a project is approved for any
such future land use site. (Planning)
29. In addition to the requirements outlined in the City of Chula Vista Landscape Manual,
privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to
soften their appearance as follows: one 5-gallon or larger size tree per each 1,500 square feet
of slope area, one I-gallon or larger size shrub per each 100 square feet of slope area, and
appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften
and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed
and approved by the Director of Planning and Building prior to approval of the
corresponding Final Map. (Planning, General Services)
30. Street parkways shall be no less than 7.5 feet in width for the planting area, except as
approved by the City Engineer. The Applicant shall plant trees within said parkways which
have been selected from the list of appropriate tree species described in the Village Seven
Design Plan, Village Seven SPA Plan and Landscape Master Plan and shall be approved by
the Directors of Planning and Building, General Services and Public Works. The Applicant
shall provide root barriers and deep watering irrigation systems for the trees, as approved by
the Director of General Services and the Director of Public Works. (Planning, General
Services)
31. The Applicant shall install all street trees in accordance with Section 18.28.10 of the Chula
Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise
approved by the Director of Planning and Building. Prior to the installation of any dry
utilities, including but not limited to cable, telephone, gas or electric lines, Applicant agrees
to complete preliminary street improvement plans that show the location of all future street
trees, which will be subject to the review and approval of the Director of General Services
and the Director of Planning & Building. Prior to any utility installation, wood stakes shall
be placed by the Applicant on site according to approved preliminary street tree plans and
shall be painted a bright color and labeled as future street tree location. Applicant further
agrees to provide City documentation, acceptable by the Director of General Services and the
Director of Planning and Building, that all utility companies have been given notice that no
dry utility line shall be located within five feet of the wood stake in any direction. Applicant
will maintain street tree identification stakes in the locations as shown on approved
preliminary plans until all dry utilities are in place. A street tree improvement plan shall be
submitted for review and subject to the approval of the Director of Planning and Building
and the City Engineer prior to or concurrent with the second submittal of street improvement
plans within the subdivision. Approval of the street tree improvement plans shall constitute
final approval of the selection of street trees for the street parkways. (Engineering, Planning,
General Services)
32. Prior to the first Final Map for the Project, Applicant shall submit to and obtain approval by
the City Engineer and the Director of Planning and Building a SPA-wide signage plan, if
such plan has not been already produced by the Applicant for another Final Map within the
SPA. Such plan shall address trails, cart and off-street bicycle circulation and street crossing.
Such plan shall include sign colors, materials, heights, location and lighting. Applicant shall
install approved signs concurrent with related improvements or upon request by the City.
(Engineering, Planning)
Page 6 of33
PUBLIC FACILITIES, UTILITIES, IMPROVEMENTS AND PHASING (Streets, Transit,
Sewer, Water, Drainage, Grading)
33. Developer shall dedicate for public use all the public streets shown on the tentative map
within the subdivision boundary. Prior to the approval of the first "A" Map and those "B"
Maps, which trigger improvements as set forth in the Village Seven PFFP, the Applicant
shall construct or enter into an agreement to construct and secure all street improvements as
required by the PFFP, as may be amended from time to time. The Developer shall construct
the public improvements and provide security satisfactory to the City Engineer and City
Attorney. (Engineering)
34. Construct a protective fencing system at the inlets and outlets of storm drain structures, as
and when directed by the City Engineer. The final fencing design and types of construction
materials shall be subject to approval of the City Engineer. (Engineering)
35. Construct energy dissipators at all storm drain outlets as required by the City Engineer to
maintain non-erosive flow velocities. (Engineering)
36. Prior to approval of each Final Map for the Project, acquire and then grant to the City all off-
site rights-of-way and easements necessary for the installation of required street
improvements and/or utilities, subject to the City's Subdivision Ordinance and the State
Subdivision Map Act. (Engineering)
37. Concurrent with approval of each Final Map for the Project, the Applicant shall submit
Improvement Plans for the applicable neighborhood for review and approval by the City
Engineer, Director of General Services and the Director of Planning and Building. Applicant
shall secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the
construction and/or construct full street improvements for a1l on-site and off-site streets as
identified in the Otay Ranch Village Seven SPA PFFP, as may be amended from time to time
and as deemed necessary to provide service to the subject subdivision. Said improvements
shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter
and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights,
traffic signals, signs, landscaping, irrigation, fencing, fire hydrants and street light locations,
subject to the approval of the City Engineer.
The amount of the security for required improvements, including landscape and irrigation
plans, sha1l be 110% times a construction cost estimate approved by the City Engineer and
the Director of General Services if related plans have been approved by the City, 150% times
the approved cost estimate if related plans are being processed by the City or 200% times the
construction cost estimate approved by the City Engineer and the Director of General
Services if related plans have not been submitted for City review. The landscape and
irrigation (L&I) bond, at a minimum, sha1l be based on a 90% complete Landscape Master
Plan, to the satisfaction of the Director of General Services. A lesser percentage of bonding
may be allowed if it is demonstrated to the satisfaction of the City Engineer and the Director
of General Services that sufficient data or other information is available to warrant such
reduction. (Engineering, General Services)
38. Uponapproval of the final "B" Map for the Project that triggers the Cumulative DU's,
("Table 'A"') below, consistent with the Village Seven PFFP, as may be amended from time
Page 7 of 33
to time, Developer shall construct or enter into an agreement to construct and secure, in
accordance with Section 18.16.220 of the Municipal Code, the required street improvements:
(Engineering)
Table "A"
Village Seven Pnblic Facilities Matrix
Public facilities required to be constructed by Village Seven
and cumulative unit tri22ers
Facility Description Cumulative Roadway
Unit Tri!!!!ersl
1 La Media from Birch Road to Santa Luna Street 13
2 Santa Luna Street from La Media Rd. to MalZdalena Ave. 13
3 Magdalena Avenue - Birch Road to Webber Road 1
4 Magdalena Avenue - Webber Road to Wolf Canyon Drive 120
5 Magdalena Ave. - Wolf Canvon Loop to Fleishbein Fred A St. 200
6 MalZdalena Avenue - Fleishbein Fred A. St. to Santa Luna St. ](3)
7 Rock Mountain Rd. - Half Width La Media to SR-125 (2)
8 Sidewalk alonlZ south side of Birch Rd. (4)
(1) Developer shall agree to construct and to secure the facility prior to the Final Map that triggers the cumulative DUs or EDU's as
defined in this Tahle.
(2) The ROW for these improvements will he dedicated prior to the approval urthe first Final Map as provided in the PFFP; if a
grading pemit for the High School site has been issued, or the High School project is approved by the Division ufthe State Architect.
Developer shall agree to construct and secure the improvements prior to the approval of the first Fina] Map. The time to perform the
construction of these improvements may be extended by the City Engineer.
(3) The number of units prior to construction of these facilities may be increased at the sole discretion of the City Engineer, but in no
cvent in excess of350 units in all of the Village 7 project in accordance with the PfFP as [allows: 1) ifit is determined that the
enrollment in High School is Jess than or equal to 1,600; and 2) a traffic study is submitted to and approved by thc City Engineer that
demonstrates that the intersection of Birch Road and Magdalena Ave. will meet both LOS and design standards criteria; and 3)
Developer shall provide evidence that grading operations for these facilities are substantially compJeted and that roadway
improvements for these facilities are progressing adequately toward completion.
(4) Upon completion of the grading along Birch Rd. the sidev.'alk shall be constructed in accordance v."ith the approved Improvement
Plans for Birch Rd.
39. Street cross sections shall conform to the cross sections shown on the tentative map, unless
otherwise conditioned or approved herein. All other design criteria shall comply with the
current Chula Vista Design Standards, Chula Vista Street Design Standards, and the Chula
Vista Subdivision Manual unless otherwise conditioned or approved herein. (Engineering)
40. The Applicant shall participate in the funding of revisions of the Public Facilities
Development Impact Fee (PFDlF) Program, which shall be prepared by the City, as directed
and requested by the City Manager or his designee and subject to the approval of the City
Council. The Applicant will receive appropriate credit for such participation. (Engineering)
41. Prior to approval of any Final Map for the Project which triggers the installation of the
related street improvements, Applicant shall enter into an agreement, to the satisfaction ofthe
City Engineer, to construct and secure fully activated traffic signals, including interconnected
wiring, at the following intersections:
Page 8 of 33
INTERSECTIONS
. La Media Road and Santa Luna
. WolfCanvon LOaD and Magdalena Avenue
. Magdalena A venue and Peabodv
. Magdalena A venue and Santa Luna
. Rock Mountain Rd. and Magdalena Ave.
The applicant shall fully design the aforementioned traffic signal in conjunction with the
improvement plans for the related streets. The developer shall install underground
improvements, standards and luminaries in conjunction with the construction of the
applicable street improvements. In addition, the Applicant shall install mast arm, signal
heads, and associated equipment when traffic signals warrant as determined by the City
Engineer. (Engineering)
42. Submit to and obtain approval by the City Engineer of striping plans for all promenade,
collector or higher classification streets simultaneously with the associated improvement
plans. (Engineering)
43. 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 7, 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
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. (Fire. Planning, Engineering)
44. Depending on the location of improvements such as cul-de-sacs, alleys, driveways or when
special circumstances exist in a subdivision design, as determined by the Fire Marshal, the
Applicant shall install additional fire hydrants upon request and to the satisfaction of the Fire
Department. (Fire, Planning, Engineering)
45. Construct a temporary turnaround or street improvements, upon the request of and as
determined necessary by the City Engineer and Fire Marshal, at the end of temporarily
Page 9 of 33
stubbed streets greater than 150 ft. in length (as measured from the nearest street centerline
intersection). (Engineering)
46. Design all vertical and horizontal curves and intersection sight distances to conform to the
CalTrans Highway Design Manual. All streets, which intersect other streets at or near
horizontal or vertical curves must meet intersection design sight distance requirements in
accordance with City standards. Sight distance easements shall be granted as necessary to
comply with the requirements in the CalTrans Highway Design Manual and City of Chula
Vista policies, where a conflict exists, the City of Chula Vista policies shall prevail. Lighted
SAG vertical curves may be permitted, with the approval of the City Engineer, at
intersections per American Association of State Highway and Transportation Officials
(AASHTO) standards. (Engineering)
47. Prior to approval of each Final Map for the Project, the Engineer-of- W ork shall submit and
obtain approval by the City Engineer a waiver request for all subdivision design items not
specifically waived on the Tentative Map, and not conforming to adopted City standards. The
Engineer-of-work request shaH outline the requested subdivision design deviations from
adopted City standards and state that in his/her professional opinion, no safety issues will be
compromised. The waiver is subject to approval by the City Engineer in the City Engineer's
sole discretion. (Engineering)
48. Applicant shall enter into an agreement with the City, prior to the approval of the first Map
for the Project whereby the developer agrees to the following:
a. Fund and install Chula Vista transit stop facilities within the tentative map boundary
when directed by the Director of Public Works. The improvement plans for said stops
shall be prepared in accordance with the transit stop details described in the Village
Seven Design Plan and Village Seven PFFP and as approved by the Directors of Planning
and Building and Public Works.
b. Not protest the formation of any future regional benefit assessment district to finance the
MTDB San Diego Trolley, BRT System or other transit system. (Engineering)
49. Alleys shall be constructed to City ofChula Vista standards. (Engineering)
50. The developer shall construct sidewalks and construct pedestrian ramps on all walkways to
meet applicable "Americans with Disabilities Act" standards and as approved by the City
Engineer. In the event the Federal Government adopts ADA standards for street rights-of-
way, which are in conflict with the standards and approvals contained herein, all such
approvals conf1icting with those standards shall be updated to reflect those standards. Unless
otherwise required by federal law, City ADA standards may be considered vested, as
determined by Federal regulations, after construction has commenced. (Engineering)
51. The Applicant shall not install privately owned water, reclaimed water, or other utilities
crossing any public street. The installation of sleeves for future construction of privately
owned facilities may be allowed subject to the review and approval of the City Engineer if
the following is accomplished:
Page 10 of33
a. The developer enters into an agreement with the City where the developer agrees to the
following:
I. Apply for an encroachment permit for installation of the private facilities within
the public right-of-way; and,
II. Maintain membership in an advance notice such as the USA Dig Alert Service;
and,
111. Mark out any private facilities owned by the developer whenever work is
performed in the area; and,
IV. The terms of this agreement shall be binding upon the successors and assigns of
the developer.
b. Shutoff devices as determined by the City Engineer are provided at those locations where
private facilities traverse public streets. (Engineering)
52. Street names shall be as on the approved tentative map, or as otherwise approved by the
Director of Planning and Building and City Engineer. (Planning, Engineering)
53. Prior to issuance of any grading permit based on plans proposing the creation of down slopes
adjacent to public or private streets, Applicant shall obtain the City Engineer's approval of a
study to determine the necessity of providing guardrail improvements at those locations.
Applicant shall construct and secure any required guardrail improvements in conjunction
with the associated construction permit as determined by and to the satisfaction of the City
Engineer. The guardrail shall be installed per CalTrans Traffic Manual and Roadside Design
Guide requirements and American Association of State Highway and Transportation
Officials (AASHTO) standards to the satisfaction of the City Engineer. (Engineering)
54. Prior to approval of each Final Map for the Project, Applicant shall agree to install permanent
street name signs, and shall install such signs prior to the issuance of the first building permit
for production homes for the applicable Final Map. (Engineering)
55. Left and right turn storage lengths shall be provided as recommended in the Linscott, Law
and Greenspan Traffic Study for Village 7, dated June 7, 2004, or as required by the City
Engineer (Engineering).
56. Prior to the approval of the first Final Map, the applicant shall secure the installation of one
permanent traffic count station by making a cash deposit in the amount of $17,500.
(Engineering)
GRADING AND DRAINAGE
57. The Applicant shall provide drainage improvements in accordance with the Master Drainage
Study for Otay Ranch Village Seven, dated May 20, 2004, and the Preliminary Water Quality
Technical Report for Otay Ranch Village Seven, dated May 21, 2004 or a subsequent
Hydrology Study submitted to and approved by the City Engineer. The Applicant shall
maintain all such drainage improvements until said improvements are formally accepted by
the City or an applicable maintenance district, or other mechanism as approved by the City.
Said maintenance shall ensure that drainage facilities will continue to operate as designed.
(Engineering)
Page II of33
58. Prior to approval of any grading permit or any other grant of approval for constructing the
proposed extended detention and water quality basins, whichever occurs earlier, the
Applicant shall demonstrate that the design of the proposed extended detention and water
quality basins would reduce the 2-, 10- and 100-year post-development peak flows, to any
natural drainage course to an amount not exceeding pre-development conditions, to the
satisfaction of the City Engineer (Engineering)
59. Storm drain systems that collect water from private property shall be designated private on
grading and drainage and/or improvement plans to the point of connection with a public
system or to the point at which storm water that is collected from public street right-of-way,
public park or open space areas is first introduced into the system. Downstream from that
point, the storm drain system shall be public. An encroachment permit shall be processed
and approved by the City for private storm drains within the public right-of-way or within
C.F.D. maintained Open Space lots. (Engineering)
60. Submit with grading and drainage and/or improvement plans, as applicable, hydrologic and
hydraulic studies and calculations, including dry lane calculations for all public streets.
Calculations shall also be provided to demonstrate the adequacy of downstream drainage
structures, pipes and inlets. (Engineering)
61. Prior to the issuance of any grading permit which impacts off-site property, the Applicant
shall deliver to the City, a notarized letter of permission to grade and drain for all off-site
grading. (Engineering)
62. Storm drain design shall conform to the requirements of the Subdivision Manual and the
Grading Ordinance as may be amended from time to time. (Engineering)
63. Provide improved all-weather access with H-20 loading, based on a minimum traffic index
(TI) of 5, to all public storm drain clean-outs or as otherwise approved by the City
Engineer. (Engineering)
64. All City maintenance access roads shall be 12' min. width and designed for H-20 (min. T1 of
5) loading. Provide a minimum of 6-inch thick PCC (reinforced with #4 BAR at 18" on
center each way) and heavy broom finish for any access road with grades of 8% or greater.
Access roads greater than 5% but less than 8% must, at minimum, be asphalt concrete
designed to carry H-20 loading. All other access roads at grades less than 5% may be Class II
base. In addition, maintenance pads adjacent to the inlet structures shall be a minimum of 6-
inch PCC (reinforced with #4 bar at 18" on center each way) designed for H-20 loading with
a heavy broom finish. Additional paving requirements in excess of the above may be
required when determined necessary at the discretion of the Director of Public W orks-
Operations (Engineering)
65. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on
the approved tentative map or as otherwise approved by the City Engineer and Director of
Planning and Building. (Engineering)
66. Grant on the appropriate final "B" Map a IS-foot minimum drainage and access easement for
public storm drain lines located between residential units unless otherwise directed by the
Page 12 of33
City Engineer. All other public easements shall meet City standards for required width.
(Engineering)
67. Development of the subdivision sha1l 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
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 shall 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.
(Engineering)
68. Submit to and obtain approval from the City Engineer and Director of Planning and Building
for an erosion and sedimentation control plan as part of grading plans. (Engineering,
Planning)
69. Storm drain clean outs shall not be located on slopes or in inaccessible areas for maintenance
equipment. Public storm drains shall be installed as close to perpendicular to the slope
contours as possible but in no case greater than 15 degrees from perpendicular to the
contours. (Engineering)
70. Brow ditches perpendicular to slopes greater than 10 feet in height and steeper than 3: I
gradient shall not be allowed. Drainage shall be co1lected in an inlet and carried via
underground storm drain to the bottom of the slope or a drain inlet connected to an
underground storm drain. The Applicant shall ensure that brow channels and ditches
emanating from and/or running through City Open Space are not routed through private
property. Brow ditches and channels from private property shall not be routed through City
open space unless approved by the City Engineer. (Engineering)
71. Indicate on all affected grading plans that all wa1ls, which are to be maintained by open space
districts, shall be constructed entirely within open space lots dedicated to the City.
(Engineering)
72. Locate lot lines at the top of slopes except as shown on the Tentative Map or as approved by
the City Engineer and Director of Planning and Building. Lots shall be so graded as to drain
to the street or an approved drainage system. Drainage shall not be permitted to flow over
slopes or onto adjacent property. (Engineering, Planning)
Page 13 of 33
73. Provide a minImum of three (3) feet of flat ground access from the face of any City
maintained wall to the beginning of the slope rounding for wall maintenance, unless
otherwise approved by the City Engineer. (Engineering)
74. Provide a setback, as determined by the City Engineer and is based on Applicant's Soils
Engineer recommendations, between the property lines of the proposed lots and the top or toe
of any slope to be constructed where the proposed grading adjoins undeveloped property or
property owned by others. The City Engineer will not approve the creation of any lot that
does not meet the required setback. (Engineering)
75. Construct temporary de-silting basins to the satisfaction of the City Engineer. The exact
design and location of such facilities shall be based on hydrological modeling and
determined pursuant to direction by the City Engineer. (Engineering)
76. Developer shall submit a drainage study to the satisfaction of the City Engineer with each
grading permit application showing that any interim conditions do not adversely impact
downstream flows. (Engineering)
77. Prior to issuance of grading permits, Applicant shall demonstrate that the grading plans are in
substantial compliance with the grading concepts outlined in the Village Seven SPA Plan
consistent with the landform grading policies described in the City's General Plan. Said
grading concepts will ensure that manufactured slopes are contoured to blend with and reflect
adjacent slopes. (Engineering, Planning)
78. 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 shall 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. (Engineering)
Page 14 of33
SEWER
79. Sewer access points shall, unless otherwise approved by the City Engineer and the Director
of Public Works:
a. Be located at the centerline of streets or cul-de-sacs; and,
b. Not be located on slopes or in inaccessible areas of maintenance equipment; and,
c. Not be in the wheel tracks on Promenade Streets and higher street classifications; and,
d. Meet Regional Standard Drawing M-4 (Locking) if]ocated within intersections of Class I
Collectors and above; and,
e. Have improved all-weather paved l2-foot wide minimum access to withstand a H-20
vehicle load as approved by the Director of Public Works; and,
f. Be provided at all changes of alignment of grade. (Engineering)
80. 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.
81. 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. (Engineering)
82. Sewers serving 10 or less equivalent dwelling units shall have a minimum grade of 1 %
and/or a velocity of 2' per second, or as approved by the City Engineer. Sewer lines shall
be installed as close to perpendicular to the slope contours as possible but in no case greater
than 15 degrees from perpendicular to the contours. (Engineering)
83. Grant on the appropriate final "B" Map a 20-foot minimum sewer and access easement for
sewer lines located between residential units unless otherwise directed by the City Engineer.
All other easements shall meet City standards for required width. (Engineering)
84. Prior to issuance of any building permit for equivalent dwelling units (EDU,s) I through 105
in Project, the Poggi Canyon Gravity Sewer DlF in effect at the time of issuance shall be
applied to each building permit. After issuance of the 105th EDU the Salt Creek Interceptor
DlF in effect at the time of issuance shall be applied to each building permit, regardless of
which sewer basin the unit is located. (Engineering)
Page 15 of33
PARKS AND OPEN SPACE
85. The Village Seven Project shall satisfy the requirements of the Parkland Dedication
Ordinance (PDO) pursuant to Chula Vista Municipal Code Chapter 17. 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 dedication of parkland and the payment of PAD fees that enable
the provision of a 7.0 net useable-acre Neighborhood Park (P-l). The remaining requirement
shall be satisfied in a future Community Park through the payment of fees, dedication of
land, or a combination thereof in a manner acceptable to the Director of General Services.
Common useable open space (CUOS) shall not receive park credit. (General Services)
86. Prior to approval of the first "A" Map for the Project, the Applicant shall comply with the
provisions of the City of Chula Vista Parks and Recreation Master Plan as adopted and as it
affects facility and other related requirements for the Project's parks. (General Services)
87. Prior to the approval of the first "A" Map for the Project, Applicant shall have prepared,
submitted to and received approval from the Director of General Services of a
comprehensive Landscape Master Plan (LMP) for the Project. Such approval shall be
indicated by means of the Director of Planning and Building, or designee's signature and
date on said Plan. The contents of the LMP shall conform to the City staff checklist and
include the following major components:
a. Maintenance Responsibility Plan (delineates private and public property and indicates the
maintenance responsibility for each);
b. Master Irrigation Plan (includes mainline and point of connection locations);
c. Master Planting Plan (includes landscape concept statement);
d. Brush Management Plan (identifies brush management zones and treatment, if any);
e. Hardscape Concept and Trail Plan (identifies types and finishes of paving);
f. Utility Coordination Plan (includes locations of major utility boxes and vaults);
g. Conceptual Wall and Fence Plan (includes the previously approved noise barrier plan);
and
h. Monumentation and Signage Plan (includes enlargements of entry monument locations
and signage concepts)
88. Within 90 days of approval of the applicable final "B" Map, enter into a maintenance
agreement and grant easements as necessary for landscaping and improvements maintained
by a Homeowners Association within City right-of-way or such other public areas required
by the City. (Engineering, General Services)
Page 16 of33
89. Prior to the issuance of each grading peIDlit for the Project, the Applicant shall prepare,
submit, and secure to the satisfaction of the Director of Planning & Building all landscape
and irrigation slope erosion control plans. All plans shall be prepared in accordance with the
current Chula Vista Landscape Manual and Grading Ordinance, as may be amended from
time to time. Applicant shall install landscape and irrigation slope erosion control in
accordance with approved plans no later than six months from the date of issuance of the
grading permit. If the work cannot be completed within the specified time, the Applicant
may request an extension, which may be granted at the discretion of the Director of Planning
& Building. Such a request shall be submitted for approval in writing to the Planning &
Building Department sufficiently in advance of the end of the six-month timeframe to allow
processing of the extension. Notwithstanding the time of installation of landscape, and
irrigation slope erosion control, Applicant shall remain in compliance with NPDES.
(Planning, General Services)
90. Prior to the approval of any final "B" Map for the Project, the Applicant shall obtain
approval of a Wall and Fence Plan from the Director of Planning and Building. The Wall
and Fence Plan shall be in conformance with the Village 7 SPA plan and shall identify
location of walls, constructions materials and color, and wall and fence types. The plan shall
also identify location and type of trial signage proposed throughout the development. Final
wall design, location and construction details, including fencing and signage, shall be shown
on the Wall and Fence Plans and shall be subject to approval by the Director of Planning &
Building. (Planning)
91. The conceptual Wall and Fence Plan for the Project shall be included in the Project's
Landscape Master Plan and shall indicate color, materials, height and location. Materials and
color used shall be compatible and all walls located in corner side-yards or rear yards facing
public or private streets or pedestrian connections shall be constructed of a decorative
masonry and/or wrought iron material. View fencing shall be provided at the ends of all
other open cul-de-sacs where a sound wall is not required. All walls shall be constructed
pursuant to Final EIR 04-06 and the Village Seven SPA Plan. Upon request of the Director
of General Services, Applicant shall update the Project's Landscape Master Plan to conform
to any substantial changes made subsequent to the initial approval of the Plan (Planning,
General Services)
92. Prior to Applicant constructing a solid masonry, view wall or like wall which will adjoin a
wall constructed by a different developer, a transition wall plan shall be submitted to the City
and is subject to the approval of the Director of Planning and Building. Applicant shall work
together with other developers ofVillage Seven to the satisfaction of the Director of Planning
and Building in order to construct transitions between adjoining walls. (Planning)
93. Prior to the issuance of each street construction permit for the Project, the Applicant shall
prepare and secure, to the satisfaction of the City Engineer and the Director of General
Services, street improvement Landscape & Irrigation Plans. All plans shall be prepared in
accordance with the current Chula Vista Landscape Manual and the Village Seven SPA Plan,
as may be amended from time to time. Applicant shall install all improvements in
accordance with approved plans to the satisfaction of the Director of General Services and
the City Engineer. (General Services, Engineering)
Page 17 of33
94. Prior to the approval of the first "A" Map, the Applicant may enter into an agreement with
the City of Chula Vista to pay a portion of the Park Development Fees, which in the
discretion of the Director of General Services, is sufficient to fund the design of the
neighborhood park. The balance of the PAD Fee obligation shall be met in the manner stated
in CVMC Section 17.10.100, col1ection and distribution of fees. In the absence of a written
agreement provided for herein, the applicant shall pay al1 applicable PAD fees prior to the
recordation of the first Final Map, whether an "A" or "B" Map. (General Services)
TRAILS
95. All trails shall be bonded/secured and constructed with the approved rough grading, and
connect to adjoining existing and/or proposed trails in neighboring development projects, as
determined by the Directors of Planning and Building and General Services. (Planning,
General Services)
96. The Regional Trial shall be extended off-site easterly to connect with the Vil1age Pathway on
Magdalena to the satisfaction of the Director of General Services. When trails extend to the
property limits and are intended to continue into an adjacent property, Developer(s) agree(s)
to coordinate alignments, trail and fencing materials and construction methods so as to
provide a seamless transition from one ownership to another. (General Services)
97. Prior to the approval of any Final Map with open space lots for the Project, Applicant shall
provide an easement to the City, in a form approved by the City Attorney, for all trail
alignments. (General Services)
98. The Applicant shal1, concurrent with the construction of the Wolf Canyon channel and
Detention Basins, construct a "Regional Trail" along the south side of the channel and basin
from Magdalena Avenue to La Media Road as depicted on the Parks, Trails and Open Space
Plan in the Village Seven SPA Plan, which shall be designed to incorporate the Project's
Landscape Master Plan as approved by the City and as may be amended from time to time.
The regional trail design shall be suitable for H-20 loading. (General Services, Engineering)
99. The Applicant shall, concurrent with the construction of La Media Road improvements,
construct a "Regional Trail" along the east side of the street from Wolf Canyon to Santa
Luna Street as depicted on the Parks, Trails and Open Space Plan in the Village Seven SPA
Plan, and shal1 be designed to incorporate the Project's Landscape Master Plan as approved
by the City and as may be amended from time to time. (General Services)
100. Applicant shal1 keep any necessary retaining wal1s to a minimum and/or if a grading
solution can be found, retaining wal1s wil1 not be used to gain additional space for the street
corridor unless approved as shown on the Tentative Map. The retaining wal1s are to be
located and detailed on all applicable grading plans for the Project, and subject to the
approval of the Directors of Planning and Building, Public Works and General Services.
Slope gradients may be increased to the maximum permitted in the grading ordinance in
limited locations to accommodate constraints such as maintenance access ways. Landform
grading policies shal1 be observed and followed. If a combination of low retaining wal1s and
modified landform grading cannot accommodate any constraints or maintenance access
areas, the top of slope shal1 be adjusted, as City deems necessary. (General Services)
Page 18 of33
] 01. Neighborhood connector trails located within the Project shall provide a minimum 6-foot
wide decomposed granite (DG) or cement treated base (CTB) trail bed, or as approved by the
Director of General Services. Where down slopes (exceeding 4:1) occur adjacent to the trial,
an additional 4-foot graded shoulder shall be provided with split-rail fencing centered in the
shoulder. Where up slopes occur adjacent to the trail a 2-foot shoulder (with a 2% maximum
cross-slope) shall be provided. Shoulders shall be planted and irrigated in accordance with
the most current edition of the Chula Vista Landscape Manuel, as amended from time to
time. All trail construction materials shall be subject to the approval pf the Director of
General Services. (General Services, Public Works)
102. Applicant shall obtain the approval of the Director of Planning and Building for
appropriate signage indicating location of trail connections, handicap access, and bikeway
locations to the Regional Trail, ViJlage Pathway, and Chula Vista Greenbelt. Said signage
shall be included on the Wall and Fence Plan. Signage shall be installed upon the request of
the Director of Planning and Building. (Planning)
103. Applicant agrees to comply with the current Regulatory Negotiation Committee
Recommendations for Accessibility Guidelines: Outdoor Developed Areas Final Report, as
may be amended from time to time, developed for: U.S. Architectural and Transportation
Barriers Compliance Board when designing all trails and trail connections. (General
Services)
OPEN SPACE/ASSESSMENTS
104. In the event Developer wishes to request the formation of a Maintenance District or
similar funding mechanism, the Developer shall submit an application packet for formation
of a Community Facilities District (CFD), and submit the request for CFD formation to the
City Council for consideration. The CFD shall be formed prior to approval of the first "B"
Map for the Project. Subject to the approval of the Director of Public Works, Developer
sha1l submit a list of amenities, acreage and costs for a1l Open Space District lots including
but not limited to the cost of any detention basin maintenance and structural storm water
quality BMP's within the Project. Developer shall maintain the open space improvements
for a minimum period of one year or until such time as accepted into the open space district
by the Director of Public Works. If Council does not approve the CFD formation, another
financing mechanism such as a Master Homeowners Association, or an endowment shall be
established and submitted to the City Council for consideration prior to approval of the first
Map Along with submission of the application package for formation of the CFD, Developer
shall submit an initial cash deposit in an amount to be determined by the City Engineer to
begin the process of formation of the Open Space District. All costs of formation and other
costs associated with the processing of the open space relating to this Project shall be borne
by the Developer. The Developer shall provide all the necessary information and materials
(e.g., tables, diagrams, etc.) required by the City Engineer for processing the formation of the
proposed open space district. (Public Works)
105. Prior to the approval of the first final "B" Map, the developer shall:
a. Submit evidence, acceptable to the City Engineer and the Director of Planning and
Building of the formation of a Master Homeowner's Association (MHOA), or another
Page 19 of33
financial mechanism acceptable to the City Manager. The MHOA shall be responsible for
the maintenance of those landscaping improvements that are not to be included in the
proposed financial mechanism. The City Engineer and the Director of Planning and
Building may require that some of those improvements shall be maintained by the Open
Space District. The final determination of which improvements are to be included in the
Open Space District and those to be maintained by the MHOA shall be made during the
Open Space District Proceedings. The MHOA shall be structured to allow annexation of
future tentative map areas in the event the City Engineer and Director of Planning and
Building require such annexation of future tentative map areas. The MHOA formation
documents shall be subject to the approval of the City Attorney; and,
b. The developer shall submit for City's approval the CC&Rs, grant of easements and
maintenance standards and responsibility of the MHOAs for the open space areas within
the Project area. Developer shall acknowledge that the MHOAs maintenance of public
open space, trails, parkways, and like areas may expose the City to liability. Developer
agrees to establish a MHOA that will hold the City harmless from any actions of the
MHOA in the maintenance of such areas; and,
c. Submit and obtain approval of the City Engineer and the Director of Planning and
Building of a list of all Otay Ranch Village Seven SPA and MHOA facilities and other
items to be maintained by the proposed district. Separate lists shall be submitted for the
improvements and facilities to be maintained by the Open Space District and those to be
maintained by a Master Homeowner's Association. Include a description, quantity and
cost per year for the perpetual maintenance of said improvements. These lists shall
include but are not limited to the following facilities and improvements:
I. All facilities located on open space lots to include but not be limited to: walls,
fences, water fountains, lighting structures, paths, trails, access roads, drainage
structures and landscaping. Each open space lot shall also be broken down by the
number of acres of: 1) turf, 2) irrigated, and 3) non-irrigated open space to aid in
the estimation of a maintenance budget thereof.
H. The proportional share of medians and parkways along La Media Road,
Magdalena Avenue and Birch Road (onsite and offsite) and all other street
parkways proposed for maintenance by the applicable Community Facilities
District or Homeowners' Association.
HI. The proportional share of the detention basin located in Wolf Canyon Detention
Basins in accordance with the "Maintenance Plan for Wolf Canyon" dated, July
15, 2004.
IV. All storm-water quality structural BMP's serving the Project. (Engineering)
106. Developer shall irrevocably offer for dedication in fee interest to the City on all
applicable Final Maps, those open space lots shown on the tentative map to be maintained by
an open space district. (Engineering)
107. Prior to the approval of each Final "B" Map, Declaration or Supplementary Declaration
of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to the
Page 20 of 33
approval of the City Engineer. The CC&R's shall include the following obligations of the
Master Homeowners Association:
a. A requirement that the MHOA shall maintain comprehensive general liability insurance
against liability incident to ownership or use of the following areas:
I. All open space lots that shall remain private,
11. Other Master Association property.
b. Before any revisions to provisions of the CC&R's that may particularly affect the City
can become effective, said revisions shall be approved by the City. The MHOA shall not
seek approval from the City of said revisions without the prior consent of 100 percent of
the holders of first mortgages or property owners within the MHOA.
c. The MHOA shall defend, indemnifY and hold harmless the City and its agents, officers
and employee from any claims, demands, causes of action liability or loss related to or
arising from the maintenance activities of the MHOA.
d. The MHOA shall not seek to be released by the City from the maintenance obligations
described herein without the prior consent of the City and 100 percent of the holders of
first mortgages or property owners within the MHOA.
e. The MHOA is required to procure and maintain a policy of comprehensive general
liability insurance written on a per occurrence basis in an amount not less than one
million dollars combined single limit. The policy shall be acceptable to the City and
name the City as additionally insured to the satisfaction of the City Attorney.
f. The CC&R's shall incorporate restrictions for each lot adjoining open space lots
containing walls maintained by the open space district to ensure that the property owners
know that the walls may not be modified or supplemented nor may they encroach on City
property.
g. The CC&R's shall include provisions assuring maintenance of all streets, driveways,
drainage and sewage systems which are private.
h. The CC&R's shall include provisions assuring MHOA membership in an advance notice
such as the USA Dig Alert Service in perpetuity.
I. The CC&R,s shall include provisions that provide the City has the right but not the
obligation to enforce the CC&R provisions the same as any owner in the Project.
J. The CC&R provisions setting forth restrictions in these Tentative Map conditions may
not be revised at any time without prior written permission of the City.
k. The MHOA shall not dedicate or convey for public streets, land used for private streets
without approval of 100% of all the HOA members or holder of first mortgages within
the MHOA.
Page 21 of33
I. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall also
include language which states that any proposal by the HOA to al10w "speed bumps" in
the future shall require prior written approval of 100% of al1 the Homeowners
Association members. (Engineering, Planning)
108. Future property owners shall be notified during escrow, by a document to be initialed by
the owners, of the maintenance responsibilities of the MHOA and their estimated annual
cost. Developer shall submit the document and obtain the approval of the City Engineer and
Director of Planning and Building prior to distribution through escrow, which approval shal1
not be umeasonably withheld. (Engineering, Planning)
109. The CPF lot shall be maintained by a maintenance entity as determined by the Director
of Planning and Building based on City Council policy. The facilities in the CPF Lot shall be
maintained by a maintenance entity include, but are not limited to: pavements, sidewalks,
street lights including power supply, private drainage facilities and landscaping of private
common areas. The CPF Lot, Common Usable Open Space area as described in the Chula
Vista Design Manual, shall be landscaped, graded and contains amenities to the satisfaction
of the Director Planning & Building. Construction shall be completed prior to the issuance of
the final building permit. (Engineering, General Services)
110. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the
length of any wall abutting an open space district lot, as measured from face-of-wall to
beginning of slope. Said area shal1 be as approved by the City Engineer and the Director of
Planning and Building. (Engineering, Planning)
111. Developer shall ensure that all buyers of individual lots adjoining open space lots,
containing walls maintained by the open space district, sign a statement, when purchasing
their homes, stipulating that they are aware that the walls are on City or HOA property and
that they shall not modify or supplement the wal1 or encroach onto the property. These
restrictions shall also be incorporated in the CC&R's for all lots. (Engineering)
112. Prior to approval of each Final Map, provide proof to the satisfaction of the City Engineer
and Director of General Services that all improvements located on open space lots are
incorporated into and maintained by a Home Owner's Association or an Open Space District.
(Engineering, General Services)
113. The developer agrees to not protest formation or inclusion in a maintenance district or
zone for the maintenance of landscaped medians and scenic corridors along streets within or
adjacent to the subject subdivision. (Engineering)
114. Street parkways within the Project shall be maintained by an entity such as a Master
Home Owner's Association (MHOA) or a Community Facilities District (CFD); private
homeowners shal1 not maintain the parkways. Street parkways shall be designated as
recycled water use areas, if approved by the Otay Water District and San Diego County
Health. (Engineering, General Services)
115. Prior to issuance of any grading permit which includes permanent Landscaping and
Irrigation (L&I) improvements to be installed in an open space lot to be maintained by the
Community Facility District (CFD), the developer shall place a cash deposit, or other funding
Page 22 of 33
mechanism acceptable to the City, in the City's sole discretion, with the City which will
guarantee the maintenance of the L&l improvements until the City accepts said
improvements. In the event the improvements are not maintained to City standards as
determined by the City Engineer and the Director General Services, the deposit shall be used
to perform the maintenance. The amount of the deposit shall be equivalent to the estimated
cost of maintaining the open space lots to City standards for a period of six months,
("Minimum Deposit Amount"), as determined by the City Engineer. Any unused portion of
said deposit may be incorporated into the CFD's Reserve Account, or returned to the
Developer, according to the following:
a. If, six months prior to the scheduled date of acceptance of Landscape and Irrigation
improvements for maintenance by the CFD, the Reserve Account is less than the
Minimum Deposit Amount, the difference between these two amounts shall be
incorporated into the Reserve Account, or;
b. If the Reserve Account is at or above the Minimum Deposit Amount, the unused portion
of the deposit may be returned to the Developer in 6 equal monthly increments over the
last six months of the maintenance period if the maintenance is being accomplished to the
satisfaction of the Director of General Services. (Engineering. General Services)
WATER
116. Prior to City acceptance of any open space lots, the Developer shall demonstrate to the
satisfaction of the City Engineer, that the assessments/bonded indebtedness for all parcels
dedicated or granted in fee to the City have been paid or that no assessments exist on the
parcells). (Engineering)
117. Prior to approval of each Final Map, present verification to the City Engineer in the form
of a letter from Otay Water District that the subdivision will be provided adequate water
service and long-term water storage facilities. The Applicant shall phase and install water
system improvements as required by the Otay Water District. (Engineering, Planning)
118. Prior to approval of each Final Map, the Applicant shall present verification to the City
Engineer in the form of a letter from Otay Water District that Otay Water District is able to
provide sufficient water supply pursuant to Section 66473.7 of the California Government
Code, as may be amended from time to time. (Engineering)
119. Prior to approval of the first Final Map for the Project, the Developer(s) shall provide a
Subarea Master Plan (SAMP) for Village Seven, as approved by Otay Water District (OWD),
which will also include an analysis of recycled water for open space slopes. When said
SAMP is approved, the Developer(s) shall 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. (Engineering)
Page 23 of 33
EASEMENTS
120. Grant to the City a 10' wide easement for general utility purposes along public street
frontage of all open space lots offered for dedication to the City unless otherwise approved
by the City Engineer. Ensure that sufficient room is available for street tree planting when
locating utilities within this easement. (Engineering)
121. Indicate on all appropriate "B" Maps a reservation of easements to the future
Homeowners Association for private storm drain, if any, within open space lots as directed
by the City Engineer. Obtain, prior to approval of each final "B" Map, all off-site right-of-
way necessary for the installation of the required improvements for that subdivision thereto.
The developer shall also provide easements for all on-site and off-site public drainage
facilities, sewers, maintenance roads, and any other public facilities necessary to provide
service to the subject subdivision. (Engineering)
122. Grant on the applicable Final Maps sight distance easements to the City of Chula Vista
for corner lots, as required by the City Engineer to keep such areas clear of any obstructions.
Sight distance easements shall be shown on applicable grading plans, improvement plans,
and Final Maps, to the satisfaction of the City Engineer. (Engineering)
123. Design landscape and irrigation plans such that street tree placement is not in conflict
with the visibility of any traffic signage. The Developer shall be responsible for the removal
of any obstructions of said traffic signs to the satisfaction of the City Engineer. (Engineering)
124. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on
any Final Map that proposes private utilities or drainage facilities crossing property lines as
directed by the City Engineer. (Engineering)
125. Grant to City on all appropriate final "B" Map, a 2-foot access easements along the rear
and side property line oflots adjoining walls to be maintained by the open space district. The
locations of these easements shall be as required by the Director of Planning and Building
and the City Engineer to provide adequate access for maintenance of said walls.
(Engineering)
126. Storm drain easements shall be private unless the storm drain systems therein are public.
(Engineering)
127. Where a private storm drain easement will parallel a public sewer easement, the
easements shall be delineated separately on the Final Map and on the grading and
improvement plans. If any portion of the easements will overlap one another, the City shall
have a superior right to the common portion of the easements. (Engineering)
128. Prior to the approval of each Final Map for the Project, the City Engineer may require
either the removal or the subordination of any easement, which may unreasonably interfere
with the full and complete exercise of any required public easement or right-of-way.
(Engineering)
129. The developer shall notify the City at least 60 days prior to consideration of the first Map
for the Project by City if any off-site right-of-way cannot be obtained as required by the
Page 24 of 33
Conditions of Approval. (Only off-site right-of-way or easements affected by Section
66462.5 of the Subdivision Map Act are covered by this condition.) After said notification,
the developer shall:
a. Pay the full cost of acquiring off-site right-of-way and/or easements required by the
Conditions of Approval of the tentative map.
b. Deposit with the City the estimated cost of acquiring said right-of-way and/or easements.
Said estimate to be approved by the City Engineer.
c. Have all easements and/or right-of-way documents and plats prepared and appraisals
complete which are necessary to commence condemnation proceedings as determined by
the City Attorney.
d. Request that the City use its powers of Eminent Domain to acquire right-of-way,
easements or licenses needed for off-site improvements or work related to the Final Map.
The developers shall pay all costs, both direct and indirect incurred in said acquisition.
e. Acquire and bond for offsite rights-of-way and easements to be dedicated to the City in
order to comply with the PFFP schedule. Applicant shall bond for the off-site
improvements as required by the City Engineer. (Engineering)
130. Grant on the Final Maps minimum 15' wide easements to the City of Chula Vista as
required by the City Engineer for construction and maintenance of sewer facilities.
(Engineering)
131. Provide minimum 15' wide easements to the City of Chula Vista as required by the City
Engineer for construction and maintenance of storm drain facilities. (Engineering)
132. Provide easements for all off-site public storm drains and sewer facilities prior to
approval of each Final Map for the Project requiring those facilities. The easements shall be
sized as required by the City of Chula Vista Standards, unless otherwise approved by the City
Engineer. (Engineering)
133. Grant on all applicable Final Maps, easements along aU public streets within the
subdivision as shown on the tentative map and in accordance with City standards unless
otherwise approved by the City Engineer and the Director of Planning and Building. The
City Engineer may require either the removal or the subordination of any easement, which
may unreasonably interfere with the full and complete exercise of any required public
easement or right-of-way. (Engineering)
134. Grant on the appropriate Final Map, a 20-foot minimum sewer and access easement for
sewer lines located between residential units, unless otherwise required by the City Engineer.
All other easements shall meet City standards for required width. (Engineering)
135. Additional easement widths shall be granted to the satisfaction of the City Engineer and
the Director of General Services to accommodate a 10-foot Regional Trial on the eastside of
La Media Road from Wolf Canyon to Santa Luna Street.
Page 25 of 33
AGREEMENTS/FINANCIAL
136. Enter into a supplemental agreement with the City, prior to approval of each Final Map
for the Project, where the developer agrees to the following:
a. That the City may withhold building permits for the Project in order to have the Project
comply with the Growth Management Program, as may be amended from time to time, or
if any one of the following occur:
1. Regional development threshold limits set by a Chula Vista transportation phasing
plan, as amended from time to time, have been reached.
11. Traffic volumes, levels 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. Public utilities shall include, but not be limited to, air quality, drainage,
sewer and water.
iii. The required public facilities, as identified in the PFFP or as amended or otherwise
conditioned have not been completed or constructed to the satisfaction of the City.
The developer may propose changes in the timing and sequencing of development
and the construction of improvements affected. In such case, the PFFP may be
amended as approved by the City's Director of Planning and Building and the City
Engineer. The Applicant agrees that the City may withhold building permits for any
of the phases of development identified in the Public Facilities Financing Plan (PFFP)
for Otay Ranch 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.
b. To defend, indemnify and hold harmless the City and its agents, officers and employees,
from any claim, action or proceeding against the City, or its agents, officers or
employees, to attack, set aside, void or annul any approval by the City, including
approval by its Planning Commission, City Council or any approval by its agents,
officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the
State Map Act provided the City promptly notifies the Applicant of any claim, action or
proceeding and on the further condition that the City fully cooperates in the defense.
Page 26 of33
c. Permit all cable television companies franchised by the City of Chula Vista equal
opportunity to place conduit and provide cable television service for each lot or unit
within the Tentative Map area. Developer further agrees to grant, by license or easement,
and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional
access to cable television conduit within the properties situated within the Final Map only
to those cable television companies franchised by the City of Chula Vista, the condition
of such grant being that:
1. Such access is coordinated with Developer's construction schedule so that it does
not delay or impede Developer's construction schedule and does not require the
trenches to be reopened to accommodate the placement of such conduits; and
11. Any such cable company is and remains in compliance with, and promises to
remain in compliance with the terms and conditions of the franchise and with all
other rules, regulations, ordinances and procedures regulating and affecting the
operation of cable television companies as same may have been, or may from
time to time be, issued by the City ofChula Vista.
Developer hereby conveys to the City of Chula Vista the authority to enforce said
covenant by such remedies as the City determines appropriate, including revocation of
said grant upon determination by the City of Chula Vista that they have violated the
conditions of grant.
d. That the City may withhold the issuance of building permits for the Project, should the
Developer be determined by the City to be in breach of any of the terms of the Tentative
Map Conditions or any Supplemental Agreement. The City shall provide the Developer
of notice of such determination and allow the Developer reasonable time to cure said
breach
e. To defend, indemnify and hold harmless the City and its agents, officers and employees,
from any liability for erosion, siltation or increase flow of drainage resulting from this
Project. (Engineering, Planning)
137. The Applicant shall enter into an supplemental agreement with the City prior to approval
ofthe first final "B" Map, where the developer agrees to the following:
a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by
SANDAG to comply with the Congestion Management Program (CMP).
b. To not protest the formation of any future regional impact fee program or facilities
benefit district to finance the construction of regional facilities. (Engineering)
138. Prior to approval of each Final Map for the Project, the Applicant shall comply with all
previous agreements as they pertain to this tentative map. (Engineering, Planning)
139. Prior to approval of each Final Map for the Project, the Applicant shall contract with the
City's current street sweeping franchisee, or other server approved by the Director of Public
Works to provide street sweeping for each phase of development on a frequency and level of
service comparable to that provided for similar areas of the City. The developer shall cause
Page 27 of 33
street sweeping to commence immediately after the final residence, in each phase, is
occupied and shall continue sweeping until such time that the City has accepted the street or
60 days after the completion of all punch list items, whichever is shorter. The developer
further agrees to provide the City Special Operations Manager with a copy of the memo
requesting street sweeping service, which memo shall include a map of areas to be swept and
the date the sweeping will begin. (Public Works)
140. The Applicant shall be required to equitably participate in any future regional impact fee
program for regional facilities should the region enact such a fee program to assist in the
construction of such facilities. The Applicant shall enter into an agreement, prior to approval
of the first Map, with the City which states that the Applicant will not protest the formation
of any potential future regional benefit assessment district formed to finance regional
facilities. (Engineering)
141. Prior to approval of the applicable Final Map for the Project, Applicant shaH construct
and secure, or agree to construct and secure, the construction of transit stop facilities as set
forth in the PFFP. The schedule for constructing the transit stops shall be approved or
determined by the City Engineer prior to approval of the aforementioned Final Map.
Applicant shall design, subject to the approval of the City Engineer said transit stops in
conjunction with the improvement plans for the related street. The City Engineer may
require that Applicant provide security guaranteeing the construction of said transit stops in a
form of cash or any other form approved by the City Engineer at his/her sole discretion.
Since transit service availability may not coincide with project development, the Applicant
shall install said improvements when directed by the City. (Public Works/Transit)
142. No final "B" Maps may be recorded within Village Seven SPA area until such time that
an annexable Mello Roos District, or some other financing mechanism approved by the
school district, to provide for the construction of needed elementary, middle and high schools
is established. (Engineering)
143. Prior to approval of the first final "A" Map for the Project in order to satisfy their fair-
share contribution for financing the transit system, the Applicant shall enter into an
agreement with the City which states that the Applicant will not protest the formation of any
potential future regional benefit assessment district formed to finance the transit system.
(Engineering)
144. Prior to the approval of any Final Map for the Project that contains open space, the
Applicant shaH enter into an agreement to construct and secure open space landscape
improvements within the map area. All landscape improvements shall be secured in amounts
as determined by the Director of General Services and approved in form by the City
Attorney. (Engineering. General Services)
145. The Developer shall enter into an agreement with the City of Chula Vista, prior to
approval of Developers' first Final Map, regarding the provision of affordable housing. Such
agreements shall be in accordance with the Chula Vista Housing Element, the Ranch Wide
Affordable Housing Plan and the ViHage Seven Affordable Housing Plan. (Engineering)
Page 28 of33
MISCELLANEOUS
146. 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). (Planning)
147. 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
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.
(Planning)
148. The Developer shan 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). (Planning)
149. 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 shan 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
shan 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 shan be implemented. (Planning)
150. The Applicant shall install all public facilities in accordance with the Vinage Seven
Public Facilities Finance Plan (PFFP), or as required to meet the Growth Management
Threshold standards adopted by the City. The City Engineer may modifY the sequence of
improvement construction should conditions change to warrant such a revision. The
Applicant further agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code
(Growth Management Ordinance) as may be amended from time to time by the City. Said
Chapter includes but is not limited to Threshold Standards (19.09.040) Public Facilities Plan
Implementation (19,09,090) and Threshold Compliance Procedures (19.09.100),
(Engineering)
151. The Applicant agrees that the maintenance and demolition of an interim facilities (public
facilities, utilities and improvements) is the Applicant's responsibility, and that construction,
maintenance and demolition bonds win be required to the satisfaction of the City Engineer.
(Engineering)
Page 29 of 33
152. Within thirty (30) days of the City Council approval of these Map conditions, or prior to
the submittal of the first Map for the Project, whichever occurs earlier, the Developer shall
submit a digital drawing file of the tentative map in its approved form. The drawing
projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The
digital file shall combine all Map sheets into a single CADD drawing, in DXF, DWG or
ArcView (GIS) format and shall contain the following individual layers:
a. Tentative Map Limits (closed polygons)
b. Lot Lines (closed polygons)
c. Street Centerlines (polylines)
d. Easements (polylines)
e. Street Names (annotation)
f. Lot Numbers (annotation)
The digital drawing file shall be submitted in accordance with the City Guidelines for Digital
Submittal on 3Yz" disks or CD, as an e-mail attachment to the City Engineer or as otherwise
approved by the City Engineer. (Engineering)
153. Submit copies of all subsequent Tentative Maps, Final Maps, grading and improvement
plans in a digital format. The drawing projection shall be in California State Plane
Coordinate System (NAD 83, Zone 6). The digital file of the maps shall combine all map
sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) format and shall
contain the following individual layers:
a Tentative and/or Final Map Boundaries (closed polygons)
b. Lot Lines (closed polygons)
c. Street Centerlines (polylines)
d. Easements (polylines)
e. Street Names (annotation)
f. Lot Numbers (annotation)
g. Open Space maintenance areas with maintenance codes (polygons, annotation)
h. Public and private structural BMP's (annotation)
The Tentative Map, Final Map, grading plan and improvement plan digital files shall also
conform to the City of Chula Vista Subdivision Manual requirements therefore. The digital
drawing files shall be submitted in accordance with the City Guidelines for Digital Submittal
on 31'," disks or CD, as an e-mail attachment to the City Engineer or as otherwise approved
by the City Engineer. (Engineering)
154. On each Final Map, the boundary of the subdivision shall be tied to the California State
Plane Coordinate System (NAD 83, Zone 6). (Engineering)
155. 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: (1) 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
Page 30 of 33
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 (SPAs and tentative maps), projected construction dates,
corresponding public facility needs per the adopted threshold standards, and identifying
financing options for necessary facilities. (Engineering)
] 56. 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 planning and architecture. (Planning)
157. If Developer desires to do certain work on the property after approval of the tentative
map but prior to recordation of the applicable final "B" Map, they may do so by obtaining the
required approvals and permits from the City. The permits can be approved or denied by the
City in accordance with the City's Municipal Code, regulations and policies. Said permits
do not constitute a guarantee that subsequent submittals (i.e., final "B" Map and
improvement plans) will be approved. All work performed by the Developer prior to
approval of the applicable "B" Map shall be at the developers own risk. Prior to permit
issuance, the Developer shall acknowledge in writing that subsequent submittals (i.e., final
"B" Map and improvement plans) may require extensive changes, at developers cost, to work
done under such early permit. Prior to the issuance of a permit, the developer shall post a
bond or other security acceptable to the City in an amount determined by the City to
guarantee the rehabilitation of the land if the applicable final "B" Map does not record.
(Engineering)
PHASING
158. Phasing approved with the SPA Plan may be amended subject to approval by the Director
of Planning and Building and the City Engineer. The PFFP shall be revised where necessary
to reflect the revised phasing plan. (Planning and Building, Engineering)
159. If phasing is proposed within an individual map or through multiple Final Maps, the
developer shall submit and obtain approval for a development phasing plan by the City
Engineer and Director of Planning and Building prior to approval of any Final Map.
Improvements, facilities and dedications to be provided with each phase or unit of
development shall be as determined by the City Engineer and Director of Planning and
Building. The City reserves the right to require said improvements, facilities and/or
dedications as necessary to provide adequate circulation and to meet the requirements of
police and fire departments. The City Engineer and Director of Planning and Building may,
at their discretion, modify the sequence of improvement construction should conditions
change to warrant such a revision. The developer agrees that the City Engineer may change
the timing of construction of the public facilities. (Engineering)
160. The Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and
tentative maps with improvements installed by Applicant in accordance with said plan or as
Page 31 of33
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 SPA, actual development may differ from the assumptions contained in the PFFP.
Neither the PFFP nor any other Village Seven SPA Plan document grant the Applicant an
entitlement to develop as assumed in the PFFP, or limit the Village Seven SPA'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 SPA
development patterns and the facility improvement requirements to serve such development.
In addition, the sequence in which improvements are constructed shall correspond to any
transportation phasing plan or amendment to the Growth Management Program and
Ordinance adopted by the City. The City Engineer and Director of Planning and Building
may, at their discretion, modify the sequence, schedule, alignment and design of
improvement construction should conditions change to warrant such a revision.
(Engineering)
161. Unless access, drainage and utilities are shown on the master Tentative Map to the
satisfaction of the City Engineer and the Director of Planning and Building, prior to approval
of any Final Map proposing the creation of multi-family housing for the Project, including
any condominium project, community apartment project, or stock cooperative, as defined in
the applicable sections of the Government Code, Developer shall agree to process, and
thereafter process, a subsequent tentative map for said proposed condominium, community
apartment, or stock cooperative project within the Project pursuant to Section 66426 of the
Subdivision Map Act, unless waived in writing by the Director of Planning and Building and
the City Engineer. (Engineering, Planning)
CODE REQUIREMENTS
162. The Applicant shall comply with all applicable sections of the Chula Vista Municipal
Code. Preparation of the Final Map and all plans shall be in accordance with the provisions
of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and
Subdivision Manual. Underground all utilities within the subdivision in accordance with
Municipal Code requirements. (Engineering)
163. Pay the following fees in accordance with the City Code and Council Policy:
a. The Transportation and Public Facilities Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to sewer connection fees.
d. Interim SR-125 impact fee.
e. Poggi Canyon or Salt Creek Sewer Basin DIF as applicable.
Pay the amount of said fees in effect at the time of issuance of building permits.
(Engineering)
164. Comply with all relevant Federal, State, and Local regulations, including the Clean Water
Act. The developer shall be responsible for providing all required testing and documentation
to demonstrate said compliance as required by the City Engineer. (Engineering)
Page 32 of33
165. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments"
pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments.
Submit the disclosure form for approval by the City Engineer prior to Final Map approval.
(Engineering)
166. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code
(Growth Management) as may be amended from time to time by the City. Said chapter
includes but is not limited to: threshold standards (19.09.04), public facilities finance plan
implementation (19.09.090), and public facilities finance plan amendment procedures
(19.09.100). (Engineering)
H:ICOMMDEVlJimHI092204PCV7IV7 PCS- 05-09 Conditions .doc
Page 33 of 33
Exhibit C
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND OTA Y PROJECT,
L.P. RELATED TO VILLAGE SEVEN TENTATIVE MAP 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)