HomeMy WebLinkAboutPlanning Comm Reports 2004/09/22 (5)
PLANNING COMMISSION AGENDA STATEMENT
Item: L/
Meeting Date: 09/22/04
ITEM TITLE:
Public Hearing: PCS 05-07; Consideration of a Tentative
Subdivision Map for a portion ofOtay Ranch Vil1age seven Sectional
Planning Area Plan - McMillin Otay Ranch LLC
McMillin Otay Ranch LLC has made application for a subdivision comprising 163 acres of Village 7
ofOtay 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 of reports 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 of the proposed Village, and should be consulted in conjunction with
this analysis of the proposed subdivision. Further, a second, adjoining, subdivision action, PCS 05-
09 by Otay Project LP, 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-05-07 recommending that the
City Council approve the Tentative Subdivision Map in accordance with the findings and subject to
the conditions contained therein.
BOARDS/COMMISSIONS RECOMMENDATION:
None.
BACKGROUND
Location
The subdivision comprises the northern 85 percent of the eastern half of Village 7. It is bounded by
Birch Road on the north, the proposed Magdalena on the west, and SR-125 on the east. A 32-acre
parcel lies between the southern boundary of the subdivision and the off-site alignment of Rock
Mountain Road. Initially, the subdivision would take all access from the north, via La Media and
Birch Road. The site lies easterly of the 50-acre FAA VORTAC site.
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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 of the Proposed Subdivision Request
McMillin Otay Ranch LC has applied for approval of a tentative subdivision map to subdivide an
approximately 168-acre site comprising the eastern and northeastern a portion of Village 7 in the
Otay Ranch. The tentative map proposes dividing McMillin's portion of Village 7 into 311 single-
family lots on approximately 53 acres, 447 multi-family and single-family cluster units on
approximately 36 acres, an 11.6-acre elementary school site, a portion of a public high school site
comprising 23.4 acres, a 7.5-acre neighborhood park, open space areas, a Community Purpose
Facility (CPF) site of 1.1 acres, and public rights-of-way. In addition to the subdivision oflots, the
application seeks approval of grading design, certain infrastructure improvements and rights-of-way
to serve the neighborhoods.
Parcelization. The proposed 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.
Table 1. Inventorv of Lots and Uses
NEIGHBOR- DISTRICT USE ACRES UNITS AVE LOT
HOOD (See Note) SIZE
R-1A SF4 SFDs 26.4 151 5,031 sf
R-1B SF4 SFDs 27.0 160 4,699 sf
R-5 RM1 SFDs 15.9 132 3,859 sf
R-6 RMI MFDs 12.4 192 N/A
R-7 RM2 MFDs 7.9 123 N/A
CPF CPF Communitv 0.8 N/A N/A
P-l RM1 Park 7.5 N/A N/A
S-3 RMl El. School 11.6 N/A N/A
S-I RM1 High School 23.4 N/A N/A
OS-I-OS-7 OS/Pl Ooen Soace 16.8 N/A N/A
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.
RM I - Residential Multi-Family One: Zoning District which permits housing ranging from 8 units/acre up to 14.9
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Meeting Date: 9/22/04
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units/acre including small lot single-family, alley and duplex product types.
RM2 - Residential Multi-Family Two: Zoning District which permits housing at densities above 15 units/acre.
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/PI - Open Space/Park I: District which includes developed or usable open space areas and park uses, and may
include naturalized open space.
Gradinf!. The grading proposed by the subdivision application would provide for a cut and fill
totaling 7,975,000 cubic yards (3,875,000 cubic yards of cut and 4,100,000 cubic yards of fill).
Cut areas include the areas parallel to and south of Birch Road, as well as the area extending
eastward from the FAA VORTAC site to the SR 125 right-of-way. Fill areas are a shallow
drainage which extends eastward from the head of Wolf Canyon, as well as the high school site
and offsite public improvements. Cut and fill would be balanced by import of 225,000 cubic
yards from an off-site borrow proposed in the subdivision subject to PCS-05-09, which for the
most part would be used in the off-site construction of Santa Luna Street, if necessary as part of
this map. Santa Luna is also an obligation of PCS-05-09.
Infrastructure/Imvrovements. 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 . In rastructure and Imorovements
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
[off-site] Santa Luna to of-way and traffic (Emergency
Rock Mountain 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
Wolf Canyon Loop / From Magdalena Village Core 0 63' Right-of-way
Peabody Way (north) to Magdalena Promenade with 0 2-Lanes
(south) necessary right-of-way
and traffic control
immovements
T bl 2 f
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Meeting Date: 9/22/04
Page 4
Pletcher Way From Wolf Canyon Secondary Village 0 65' Right-of-way
Loop to SR-125 Promenade with and 0 2-Lanes
undercrossing necessary right-of-way 0 Regional Trail
and traffic control Parallel
improvements
Rock Mountain Road From Magdalena to Four Lane Major Road, [Ultimate]
SR-125 [off site] half-width 0 104' Right of way
improvement 0 4- Lanes
0 16' Median
Koester Street/Enclave From CFD site to Residential Promenade 0 59' Right of Way
Circle Reichert Way Street 0 2-Lanes
0 Parking one side
0 Enhanced
Pedestrian
amenities
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
Open Space and Magdalena to Pletcher Open space 0 7.5 acre open space
Drainage Way, in Open Space landscaping; drainage parcel
Improvements and water quality
structures and access;
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 final
external connection to the subdivision will come with the completion of the connecting road,
Pletcher Way, which will ultimately extend under SR 125 to the Eastern Urban Center.
The northern portion of the subdivision, containing single family and single-family-cluster units, the
internal street system is planned around connections to the Wolf Canyon Loop road an residential
promenade streets. Consistent with the policies of the Otay Ranch General Development Plan
(GDP), a "grid-pattern" street system, curved to conform to the loop, is proposed to minimize
residential cul-de-sacs and provide multiple points of access throughout the subdivision. In addition,
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Meeting Date: 9/22/04
Page 5
parallel alleys a half block off of Wolf Canyon Loop allows the loop to be free of driveways.
Residential streets are generally designed to be narrower to reduce vehicle speeds, through the use of
traffic calming devices such as limited block lengths and neckdowns. These neckdowns allow the
pedestrian to cross only 24-feet of street. A key location controlled in this manner is the intersection
of Wolf Canyon Loop and Koester, which facilitates pedistrian access southward to the open space
and neighborhood park.
Trails. Parks. and Open Space. Pedestrian routes and trails are proposed throughout the
subdivision to connect internal paths to regional trails. A village pathway. a IS-foot wide
hardscape path, will connect from the Village Core area to Birch Road. A regional trail is
proposed within the open space greenbelt north of the neighborhood park and along the northern
frontage of Pletcher Way. 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 at the frontage of the neighborhood park and at the terminus of a village
promenade tying to the northern end of the project.
A 7.5-acre public neighborhood park (P-l) will be the major public park in Village 7. It adjoins a
7.5-acre open space parcel which meets the criteria of a greenbelt extension of Wolf Canyon to the
heart of the Village. Further, in order to achieve the water quality objectives of the Project, the
Applicant proposes a series of fore bays and basins within the open space areas outside of and to the
north of the park.
Community Purpose Facility. This subdivision will fulfill the CPF obligation as required in the
SPA Plan and GDP by providing a 1. I-acre facility (CPF-I) within the R-1 neighborhood, which
will be developed as a recreation facility. The map supports reservations for further CPF acreage
elsewhere in the village core, per the criteria set forth in the SPA document. Part of the CPF
obligations for this village have been met by overages carried forward from Village 6.
Analvsis
The proposed subdivision subject to this application is consistent with and implements the approved
Otay Ranch General Development Plan. Through concurrent processing, it is designed 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.
Item:
Meeting Date: 9/22/04
Page 6
CONCLUSION:
On he basis ofthe 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 Planning
Commission.
Attachments
I. Locator Map
2. Tentative Subdivision Map (Separate)
3. Planning Commission Resolution (PCS-05-0?)
4. Draft City Council Resolution No. , with Disclosure Statement
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C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANT McMillin Otay Ranch, LLC
ENVIRONMENTAL IMPACT REPORT
PROJECT Village 7
ADDRESS. Request: The implementation of the \\lIage 7 SPA Plan and Tentative
Map for a portion of \\lIage 7,
SCALE: FILE NUMBER:
NORTH No Scale EIR-04-06
J :\planning\carlos\locators\eir0406.cdr 08.30.04
Villaae 7
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RESOLUTION NO. PCS-05-07
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- MCMILLIN OTAY RANCH LLC,
CHULA VISTA TRACT 05-07.
WHEREAS, the property which is the subject matter of this resolution is identitied as
Exhibit "A" attached to City Council Resolution and dcscribed on Chula Vista Tract 05-07, and
is commonly known as Villagc of Vista Verde Tentative Map (McMillin), ('Property"): and,
WHEREAS, a duly verified application for thc subdivision of the Property in the form of
a tentative subdivision map known as "Villagc of Vista Verde Tentative Map, Chula Vista Tract
os-or, ("Project"), was filed with the City of Chula Vista Planning and Building Department on
August 20,2004 by McMillin Otay Ranch, LLC, ("Applicant"); and,
WHEREAS, the application requests the approval for the subdivision of approximately
200 acres of land located west of future State Route (SR-125) route and south of Birch Road
within Otay Ranch Village Seven SPA into 758 Residential lots: and
WHEREAS, the development of the Property has bcen the subject matter of the Otay
Ranch General Development Plan ("COP") previously approvcd by the City Council on October
28, 1993 by Resolution No. 17298, and as amended on Novcmber 10, 1998 by Resolution No.
19253 ("GOP 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
Rcport No. 90-01, SCH #9010154 ("Program FEIR 90-0]"): and,
WHEREAS. The City's Environmental Review Coordinator has reviewed the Project
and determined that the Project would result in a signiticant impact to the environment,
thcrefore, a Second-Tier Environmental Impact Report (Final ElR 04-06) has been prepared; and
WHEREAS, thc Planning Commission set the timc and place for a hearing on said
Village of Vista Verde Tentative Map (McMillin), Chula Vista Tract 05-07, (PCS-05-07) 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 thc exterior
boundaries of the Project site at lcast 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 said hearing was thereaftcr closed.
NOW, THEREFORE, BE IT RESOLVED THAT. from the facts presented to the
Planning Commission, thc Commission has determined that the approval of "Village of Vista
Verde Tentative Map (McMillin), Chula Vista Tract os-or, (PCS-05-07) 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 necessity,
convenience, gencral welfare and good planning practicc support the approval.
Planning Commission Resolution PCS 05-07
Page 2
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION
recommends that the City Council adopt a resolution approving "Village of Vista Verde
Tentative Map (McMillin), Chula Vista Tract 05-07", (PCS-05-07) in accordance with the
rindings contained in the attached City Council Resolution No.
Ami that a copy of this resolution be transmitted to the owncrs of the 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
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A TENTATIVE
SUBDIVISION MAP FOR A PORTION OF THE OTAY
RANCH, VILLAGE SEVEN SECTIONAL PLANNING
AREA (SPA) PLAN- MCMILLIN OTAY RANCH LLC,
CHULA VISTA TRACT 05-07.
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
05-07, and is commonly known as Village of Vista Verde 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 "Village of Vista Verde Tentative Map, Chula Vista Tract
05-07", ("Project"), was filed with the City ofChula Vista Planning and Building Department on
August 20,2004 by McMillin Otay Ranch, LLC, ("Applicant"); and,
WHEREAS, the application requests the approval for the subdivision of approximately
200 acres of land located west of future State Route (SR)-125 route and south of Birch Road
within Otay Ranch Village Seven SPA into 758 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 ErR 04-06) has been prepared; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said
"Village of Vista Verde Tentative Map, Chula Vista Tract 05-07", (PCS-05-07) and notice of
said hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the city and its mailing to property owners within 500 feet of the exterior
boundaries of the Project site at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
on September 22, 2004, in the Council Chambers, 276 Fourth A venue, 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 "Village of Vista Verde Tentative Map, Chula Vista Tract 05-07", (PCS-05-
07) and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula
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, shaU comprise the entire
record of the proceedings for any California Environnlental Quality Act (CEQA) claims.
II. COMPLIANCE WITH CEQA
The environmental impacts associated with this Tentative Subdivision Map for ViUage 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 Village of Vista Verde
Tentative Map, Chula Vista Tract 05-07", (PCS-05-07) involving 200 acres of land
known as Village of Vista Verde 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 aU 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 of Vista Verde Tentative Map, Chula Vista Tract 05-07",
(PCS-05-07) 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 contains 758 residential dwelling units. A total of two single-family
residential neighborhoods are proposed to contain 443 single-family
residences ranging from 5.7 to 8.3 units per acre. In addition, two multi-
family developments provide an additional 315 dwelling units, which
range from 7.9 to 12.4 units per acre. These multi-family developments
will incorporate a variety of housing types including alley-product homes,
and site areas for townhouses, condominiums and apartments.
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 Project.
The Tentative Map provides multiple points of access within the village.
The Tentative Map boundaries are bounded by Magdalena on the west,
Birch Road on the North and future SR-125 to the east. Access to these
arterials will be via Magdalena. A third access point, via an undercrossing
at SR -125, does not provide arterial access, but rather provides routing
directly to the Eastern Urban Center. A fourth point of entry will be via
Magdalena to the south, which will provide access to the high school site
and will eventually tie to Rock Mountain Road.
Magdalena will serve as the primary backbone, bisecting Village 7 from
north to south and crossing the greenbelt. A loop road provides frontage
connection from Magdalena to all of the uses within the Tentative Map.
Several connection points from the various residential neighborhoods tie
to Magdalena and the loop road, providing numerous route alternatives
within internal grid of neighborhood streets.
Within the residential neighborhoods traffic calming design has been
proposed. Neckdowns promote low speeds for vehicles and present a
superior design solution for typical streets, and are employed at key
locations within the R-1 neighborhood. The R-5 neighborhoods make use
of alleys to allow for narrower streets.
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 7.14 acres of parkland, the
developer will provide a minimum 7.0 net usable acre neighborhood park
within the village core. The final net usable park acreage will be
determined based on the final map that identifies the park site. A credit
will be given to the developer for any actual net usable park acreage
provided above their obligation. If the net usable acreage of the park site is
less than 7.14 acres, the developer will provide the balance of its land
obligation via an irrevocable offer of dedication, payment of in-lieu fees,
or a combination thereof towards 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 and along the
northern boundary of the neighborhood park. The developer will provide
for that portion of this trail connection from Magdalena Avenue to the
EUC.
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 every one-acre of developed land prior
to approval of any Final Map.
6. Seismic Safety
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 Highwav
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. Bicycle 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 and Rock Mountain Road include bike
lanes (Class II) adjacent to the curb.
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 l2'h 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 12'h day of
October 2004.
Executed this 12'h day of October 2004.
Susan Bigelow, City Clerk
H:ICOMMDEVlJimHI092204PCV7IV7 PCS 05-07 draft City Council TM resolution .doc
Exhibit "B"
Village of Vista Verde Tentative Subdivision Map
(C.V.T.05-07)
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
1. 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 I 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 EIR 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. (Planning)
3. If any of the ternls, covenants or conditions contained herein shall fail to occur or if they are, by
their terms, to be implemented and maintained over time, if any of such conditions fail to be so
Page I of38
implemented and maintained according to their terms, the City shall have the right to revoke or
modify all approvals herein granted including issuance of building permits, deny, or further
condition the subsequent approvals that are derived from the approvals herein granted, institute
and prosecute litigation to compel their compliance with said conditions 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 sha1l indemnity, 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 Final Second Tier EIR (Final EIR 04-06) and subsequent
environmental review for the Project and any or a1l 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 ofthe 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 ofOtay Ranch. The annual monitoring report will
analyze the supply of, and demand for, public facilities and services governed by the threshold
standards. An annual review shall commence following the first fiscal year in which residential
occupancy occurs 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. Tn accordance with mitigation measure 4.3-2 afFinal EIR 04-06 and associated MMRP, no units
within Village Seven 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 1,2003), prior to
Page 2 of38
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 ofChula Vista, wherein Developer acknowledges and agrees that the City shall not issue
building permits forresidential units within Village Seven, prior to the completion ofSR-125 to
the International Border.
Notwithstanding the foregoing, the City may issue building permits if the City Council, in its
sole discretion, determines that each ofthe following conditoins have been met: (1) SR-125 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 ifthe 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)
] O. 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, ] 996
("Conveyance Agreement"), to the satisfaction of the Director of Planning and Building.
(Planning)
ENVIRONMENTAL
II 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 ElR 04-06 (SCH#2003111 050), 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 #2003111050) and MMRP.
(Planning)
13. The Applicant shaH apply for and receive a take permit/authorization from the U.S. Fish and
Wildlife Service and California Department ofFish and Game, or comply with the approved City
ofChula 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, ] 993, 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)
Page 3 of 38
15. Prior to the issuance ofthe first grading permit (including clearing and grubbing) for the Project,
the Applicant shall comply with the requirements ofthe RMP, Phase Two, Range Management
Plan to the satisfaction of the Director of Planning and Building. (Planning)
] 6. 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)
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 o[]and 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 Final ElR 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 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 permit for
the Project. This noise barrier plan shall be incorporated into the wall and fence plan, a
Page 4 of38
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. Noise barriers shall be secured to the satisfaction of the Director of Public Works prior to
approval of the first "B" map for the Project. Bonds securing noise barrier construction may be
released upon determination by the City's Director of Public Works that an agreement with the
City ofChula Vista, California Transportation Ventures (CTV) or its successor in interest, and
Applicant contains sufficient securities for construction of the noise barriers. (Environmental,
Engineering)
22. 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 Study required by
mitigation measure 4.4.1 and the Acoustical Impact Analysis by Giroux & Associates, dated June
1, 2004 and the Noise Technical Report for Otay Ranch Village Seven by RECON, dated
February 23, 2004, unless earlier modified by agreement with the City ofChula Vista, CTV or its
successor in interest, and Applicant. All noise barrier design and construction adjacent to SR-
125 shall be coordinated with the City ofChula Vista, CAL TRANS, and CTV or its successor in
interest. Noise barrier design and construction adjacent to SR-125 may be modified should a
subsequent acoustical study demonstrate to the satisfaction of the Director of Planning and
Building that the applicable noise standards will be achieved by a modified design.
(Environmental, Engineering)
23. Applicant shall make a good-faith effort to coordinate development and implementation of the
Vi1lage Seven SPA Plan Area with all other developers/applicants within Village Seven
including phasing, grading, improvements and dedication of right-of-way. (Planning)
24. 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 ofthe first Final 'B, Map.
(Engineering)
25. Prior to approval ofthe 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
Page 5 of38
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, shal1 not be considered the first "A" Map. The
"A" Map may contain single-family residential units. An "A" map shal1 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)
26. 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)
27. 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 shal1 be required to instal1
al1 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
28. Any proposed monumentationlsignage shall be consistent with the Village Seven Vil1age Design
Plan and shall be reviewed and approved by the Director of Planning and Building prior to
approval of the appropriate final map. (Planning)
29. Prior to issuance of the first building permit, Applicant shal1 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 users) for said sites with signage consistent with the sign program. Temporary
signs shall be maintained in place until such time as a project is approved for any such future
land use site. (Planning)
30. In addition to the requirements outlined in the City ofChula Vista Landscape Manual, privately
maintained slopes in excess of25 feet in height shal1 be landscaped and irrigated to soften their
appearance as fol1ows: 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)
31. 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 shal1 plant trees within said parkways which have been
selected from the list of appropriate tree species described in the Vil1age Seven Design Plan,
Page 60f38
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)
32. 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 ofthe 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 ofthe street tree improvement plans
shall constitute final approval of the selection of street trees for the street parkways.
(Engineering, Planning, General Services)
33. 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)
PUBLIC FACILITIES, UTILITIES, IMPROVEMENTS AND PHASING (Streets, Transit,
Sewer, Water, Drainage, Grading)
34. 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)
Page 70f38
35. 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)
36. Construct energy dissipaters at all storm drain outlets as required by the City Engineer to
maintain non-erosive flow velocities. (Engineering)
37. Improvement Plans for Magdalena Avenue shall include a pedestrian crossing for the extension
of a 1 O-foot Wolf Canyon trail at the entrance ofthe Park. The pedestrian crossing shall connect
the segments of the Regional Trail to the satisfaction of the City Engineer and Director of
General Services. The Improvement Plans shall also include a 1 O-foot sidewalk on the eastside
and parallel to Magdalena from Wolf Canyon to the entrance of the Park. (Engineering, General
Services)
38. Prior to approval of each final map for the Project, acquire and then grant to the City all off-site
right-of-ways 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)
39. 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 all 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,
shall 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&l) bond, at a minimum,
shall 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)
40. Upon: 1) approval of the final "B" map for the Project that triggers the Cumulative DU's,
("Table' A"') below; or, 2) approval of the first map for a Specific Planning Area, (Table 'B"')
Page 8 of38
below, whichever occurs earlier, consistent with the Vil1age Seven PFFP, as may be amended
from time to time, Developer shall construct or enter into an agreement to construct and secure,
in accordance with Section 18.] 6.220 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 cum ulative unit tri!!!!ers
Facility Description Cumulative Roadway Unit
Tripvers}
] La Media !Tom Birch Road to Santa Luna I'
2 Santa Luna !Tom La Media Road to Maedalena Ave. 13
3 Maodalena Avenue - Birch Road to Webber Ave. I
4 Maodalena Avenue - Webber Ave. to WolfCanvon LOaD ]20
5 Magda]ena A venue - Wolf Canvon Loon to Peabodv 200
6 Peabodv - Maedalena Ave. to Wolf Canvon Loon 200
7 WolfCanvon Loon - Maedalena Ave. to Tesoro St. 200
8 Wolf Canvon Loon - Tesoro St. to Peabodv 200
9 Bob Pletcher Wav - WolfCanvon Loon to SR-125 600'
10 Magdalena A venue Peabodv Wav to Rock Mountain Rd. (2)
II Rock Mountain Rd. - Maodalena Ave. to SR-125 (2)
12 Villaoe Pathwav and Sidewalk alono south side of Birch Rd. (4)
(I) Developer shall agree to construct and to secure the facility prior to the Final Map that triggers the cumulative DU's or
EDU's as defined in this Table.
(2) The ROW for these improvements will be dedicated prior to the approval of the first final map as provided in the
PFFP: if a grading permit for the High School site has been issued, or the High School project is approved by the Division
of the State Architect. Developer shall agree to construct and secure the improvements prior to the approval of the first
final 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 event in excess of350 units in all of the Village Seven project, in accordance with the PFFP as
follows: I I if it is determined that the enrollment in High School is less than or equal to 1,600; and 2) a traffic study is
submitted to and approved by the 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 completed and that roadway improvements for these facilities are progressing adequately
toward completion.
(4) Upon completion ofthe grading along Birch Rd. the 10' pathway and 5' sidewalk shall be constructed in accordance
with the approved Improvement Plans for Birch Rd. Phase I.
(5) Trigger applies only in the case that Fletcher Way connects to the development east ofSR ]25
Page 90f38
Table "Boo
Village Seven
SDecific Plannin!! Area Tri!!!!ers
Area Roadway Roadway Required for Access ("A") Or
Frontap'e ("F")2
R-I 3 A,F
R-5 3,4,7, A (3,4,), F
R-6 3,4.7.8.93 A (3,4,7) F
R-7 3,4,5,6,7,8 A (3,4,7), F
( I) Agree to construct and to secure the facility prior to the first final map in this planning area.
(2) Numbers in Parenthesis in this column refer to the facility providing the access.
(3) Requirement for facility #9 shall be to construct to first driveway serving Neighborhood R6.
41. 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)
42. The Applicant shall participate in the funding of revisions of the Public Facilities Development
Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed and requested by
the City Manager or his designee and subject to the approval ofthe City Council. The Applicant
will receive appropriate credit for such participation. (Engineering)
43. 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 of the City
Engineer, to construct and secure fully activated traffic signals, including interconnected wiring,
at the following intersections:
INTERSECTIONS
. La Media Road and Santa Luna
. WolfCanvon LOaD and MaQ:dalena Avenue
. MaQ:dalena Avenue and Peabodv
. Ma,'dalena 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)
Page 10 of38
44. 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)
45. The Applicant shall comply with the Fire Department's codes and policies for Fire Prevention,
and the recommendations contained in the approved Fire Protection Plan, Urban-Wildland
Interface Area for Village Seven, as may be amended from time to time. Prior to the approval of
the first final map, a fire access and water supply plan prepared by a licensed engineering firm,
which has been determined to be qualified in the sole discretion of the Fire Marshall, shall be
submitted to for approval by the City OfChula 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)
46. 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)
47. 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 stubbed streets greater
than 150 ft. in length (as measured from the nearest street centerline intersection). (Engineering)
48. 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 ofChulaYista policies, where a
conflict exists, the City ofChula 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)
Page II of38
49. Prior to approval of each final map for the Project, the Engineer-of- Work 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 shall 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)
50. Prior to approval of the first final map for the Project, Applicant shall enter into an agreement
with the City, to construct and secure, and thereafter construct and secure, to the satisfaction of
the City Engineer, the following improvements:
a. All necessary improvements for providing ingress and egress to the Elementary School (S-3).
This requirement shall also include but is not limited to any required modification to
medians, storm drainage system, street lights, planting and irrigation improvements; and,
b. If warranted and upon the request of the City Engineer, traffic signal improvements for
providing vehicular ingress and egress to the Elementary School S-3. (Engineering)
51. 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)
52. Alleys shall be constructed to City of Chula Vista standards. (Engineering)
53. 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 conflicting 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)
54. 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
Page 12 of38
may be allowed subject to the review and approval of the City Engineer if the following is
accomplished:
a. The developer enters into an agreement with the City where the developer agrees to the
following:
1. Apply for an encroachment permit for installation ofthe private facilities within the
public right-of-way; and,
H. Maintain membership in an advance notice such as the USA Dig Alert Service; and,
HI. 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)
55. 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)
56. Prior to issuance of any grading permit based on plans proposing the creation of down slopes
adjacent to public or private streets, Applicant shaH 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)
57. 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. No two intersections shall have the same name.
(Engineering)
58. Left and right turn storage lengths shall be provided as recommended in the Linscott, Law and
Greenspan Traffic Study for Village Seven, dated June 7, 2004, or as required by the City
Engineer (Engineering).
59. 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)
Page 13 of38
GRADING AND DRAINAGE
60. The Applicant shall provide drainage improvements in accordance with the Otay Ranch Village
Seven Village of Vista Verde Preliminary Drainage Study, dated May 24, 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)
61. Prior to approval of any grading permit or any other grant of approval for constructing the
proposed extended detention and water quality treatment basins, whichever occurs earlier, the
Applicant shall demonstrate that the design of the proposed extended detention and water quality
treatment 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)
62. Storm drain systems that collect water from private property shaU 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)
63. Submit with grading and drainage and/or improvement plans, as applicable, hydrologic and
hydraulic studies and calculations, including dry lane calculations for aU public streets.
Calculations shall also be provided to demonstrate the adequacy of downstream drainage
structures, pipes and inlets. (Engineering)
64. 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)
65. 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)
66. Provide improved all-weather access with H-20 loading, based on a minimum traffic index (TI)
of 5, to aU public storm drain clean-outs or as otherwise approved by the City Engineer.
(Engineering)
67. AU City maintenance access roads shall be 12' min. width and designed for H-20 (min. TI of5)
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
Page 14 of38
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 of6-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 Works-Operations (Engineering)
68. 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)
69. 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 City
Engineer. All other public easements shall meet City standards for required width. (Engineering)
70. Development of the subdivision shall comply with all applicable regulations established by the
United States Environmental Protection Agency (USEP A) 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 oflntent 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 NPDES 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 (BMPs) to minimize non-point source pollution, satisfactory to the City
Engineer. (Engineering)
71. 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)
72. 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)
73. Brow ditches perpendicular to slopes greater than 10 feet in height and steeper than 3: 1 gradient
shall not be allowed. Drainage shall be collected in an inlet and carried via underground storm
Page 15 of38
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)
74. Indicate on all affected grading plans that all walls, which are to be maintained by open space
districts, shall be constructed entirely within open space lots dedicated to the City. (Engineering)
75. 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)
76. 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)
77. Provide a setback, as determined by the City Engineer and is based on Applicant's Soils
Engineerrecommendations, 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)
78. 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)
79. 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)
80. 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)
81. Prior to the approval ofthe 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
Page 16 of38
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 !,'Tading 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)
SEWER
82. 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) iflocated within intersections of Class I
Collectors and above; and,
e. Have improved all-weather paved 12-foot wide minimum access to withstand a H-20 vehicle
load as approved by the Director of Public Works; and,
f. Be provided at al1 changes of alignment of grade. (Engineering)
83, 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 shal1 demonstrate to the satisfaction of the City Engineer that sufficient capacity exists
for the number of ED Us contained in all final map for the Project submitted to the City pursuant
Page 1 7 of 3 8
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.
84. The Village Seven sewer improvements shall be consistent with the Village Seven Conceptual
Sewer Study, dated April 14, 2004 or a subsequent Sewer Study submitted to and approved by
the City Engineer. (Engineering)
85. Sewers serving 10 or less equivalent dwelling units shall have a minimum grade of I % and/or a
velocity of2' 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)
86. 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)
87. Prior to issuance of any building permit for equivalent dwelling units (EDU's) 1 through 190 in
the Project within the Poggi Canyon Sewer Basin, the Poggi Canyon Gravity Sewer DlF in effect
at the time of issuance shall be applied to each building permit. In the following cases, the Salt
Creek Sewer Interceptor DlF in effect at the time of issuance shall be applied to each building
permit:
I. any EDU to be issued after the 190th building permit, regardless of which
sewer basin the unit is located;
11. any EDU located within the Salt Creek/Wolf Canyon Sewer Basin
(Engineering)
PARKS AND OPEN SPACE
88. 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 3 acres oflocal 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-1). The remaining requirement shall be satisfied in a future
Community Park through the payment offees, dedication ofland, 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)
Page 18 of38
89. 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)
90. All local parks shall be designed and constructed consistent with the provisions of the Chula
Vista Landscape Manual, City of Chula Vista Parks and Recreation Master Plan and related
General Services Department specifications and policies. (General Services)
91. 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)
92. 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)
93. Prior to the issuance of each grading permit 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
Page 19 of38
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)
94. 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 Seven 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)
95. 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 E1R 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)
96. 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 ofthe Director of Planning and Building. Applicant shall work together
with other developers of Village Seven to the satisfaction of the Director of Planning and
Building in order to construct transitions between adjoining walls. (Planning)
97. Prior to the issuance of each street construction permit for the Project, the Applicant shall
prepare and secure, to the satisfaction ofthe 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)
98. Applicant shall install underground utilities to the property line of the Project's park site (P-l) to
the satisfaction of the Director of General Services and the City Engineer concurrently with the
installation of underground utilities for any portion of the Project adjacent to the park site or
upon request of the General Services Director, whichever occurs earlier. (General Services,
Engineering)
Page 20 of 38
99. 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 ofthe neighborhood park. The
balance of the PAD Fee obligation shall be met in the manner stated in CVMC Section
17.10.100, collection and distribution offees. In the absence of a written agreement provided for
herein, the applicant shall pay all applicable PAD fees prior to the recordation of the first final
map whether "A" or "B', Map. (General Services)
1 00. Prior to approval of the first "A" Map for the Project, Applicant shall provide an Irrevocable
Offer of Dedication (IOD) to the City, in a form approved by the City Attorney, for the project
park site identified as (P-l). Park site shall include public access to the satisfaction of the
Director of General Services. The park net acreage and the park Parkland Dedication Ordinance
(PDO) credit to be received by the Applicant are based on net usable park acreage as determined
solely by Director of General Services. Upon request from the Director of General Services,
Applicant shall provide an all-weather access road to the park site to the satisfaction of the Fire
Marshal and Chief of Police and at no cost to the City. (General Services)
101. Applicant shall rough grade the Project's park site (P-l) as shown on the approved grading
plan, at no cost to the City, which costs shall not be credited toward PDO, to the satisfaction of
the City Engineer and the Director of General Services. (General Services, Engineering)
102. Applicant shall submit grading and/or construction plans for that portion of Magdalena
Avenue which borders Park P-l to show that Magdalena Avenue meets elevation requirements as
approved by the City Engineer and as generally shown on the conceptual design for the
Elementary School & Park included within the SPA plan. Applicant acknowledges that should
the Park P-1 site fail to accommodate a 7.0 net usable acre park based on the approved Village
Seven Park Master Plan, then the deficiency shall be provided at a location approved by the
Director of General Services. (General Services, Engineering)
TRAILS
103. 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)
104. 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.
(Gencral Servicc.l)
Page 21 of38
105. 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)
106. The Appl icant shall, concurrent with the construction of the Wolf Canyon Water Quality and
Detention Basins, construct a "Regional Trail" along the south side of the basins from
Magdalena Avenue to Wolf Canyon Loop 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. A connector
trail shall also be constructed concurrent with said Regional Trail from the Regional Trial to OS-
10. The connector trail shall include a pedestrian bridge crossing the drainage channel. The
pedestrian bridge plan, profile and design shall be shown on the Landscape Master plan to the
satisfaction of the Director of General Services. The regional trail design shall be suitable for H-
20 loading. (General Services, Engineering)
107. The Applicant shall, concurrent with the construction of the Bob Pletcher Way
improvements, construct a "Regional Trail" along the south side of the street from Wolf Canyon
Loop to the Eastern Urban Center (EUC) as depicted on the Parks, Trails and Open Space Plan in
the Village Seven SPA Plan, and 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. (General Service,)
108. Applicant shall keep any necessary retaining walls to a minimum and/or if a grading solution
can be found, retaining walls will not be used to gain additional space for the street corridor
unless approved as shown on the Tentative Map. The retaining walls 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 shall be
observed and followed. 1f a combination oflow retaining walls and modified landform grading
cannot accommodate any constraints or maintenance access areas, the top of slope shall be
adjusted, as City deems necessary. (General Services)
109. 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: I) 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 pfthe Director of General Services.
(General Services. Public Works)
110. Applicant shall obtain the approval of the Director of Planning and Building for appropriate
signage indicating location oftrail connections, handicap access, and bikeway locations to the
Page 22 of 38
Regional Trail, Village 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)
111. 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 a1l trails and trail connections. (General Services)
OPEN SPACE/ASSESSMENTS
112. 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 shall submit a
list of amenities, acreage and costs for all 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 sha1l 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 sha1l 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 anlount to be determined by the City Engineer to begin the process of formation of the Open
Space District. All costs offormation 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)
113. 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 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 sha1l be made during the Open Space District
Proceedings. The MHOA sha1l be structured to a1low annexation of future tentative map
areas in the event the City Engineer and Director of Planning and Building requires such
annexation offuture tentative map areas. The MHOA formation documents sha1l be subject
to the approval of the City Attorney; and,
Page 23 of 38
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.
11. The proportional share of medians and parkways along Rock Mountain 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 the Poggi Canyon Basin and the
Wolf Canyon Extended Detention Basins and Water Quality Treatment Forebay 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)
114. Developer shaH 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)
115. 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
approval of the City Engineer. The CC&R,s shaH include the following obligations of the
Master Homeowners Association:
a. A requirement that the MHOA shaH maintain comprehensive general liability insurance
against liability incident to ownership or use ofthe following areas:
Page 24 of 38
1. 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.
1. 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.
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 allow "speed bumps" in the
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future shall require prior written approval of 100% of all the Homeowners Association
members. (Engineering, Planning)
116. 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 shall not be
unreasonably withheld. (Engineering, Planning)
117. Lot OS-25 shaH be maintained by a maintenance entity as determined by the Director of
Planning and Building based on City Council policy. The facilities in Lot OS-25which, shaH 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. Lots OS-25, Common Usable Open Space area as described in the Chula Vista Design
Manual, shaH be landscaped, graded and contains amenities to the satisfaction of the Director
Planning & Building. Construction shall be completed prior to the issuance ofthe final building
permit in Neighborhood R-lb. (Engineering, General Services)
118. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the length
of any waH abutting an open space district lot, as measured from face-of-wall to beginning of
slope. Said area shaH be as approved by the City Engineer and the Director of Planning and
Building. (Engineering, Planning)
119. 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 wall or encroach onto the property. These restrictions shall also be
incorporated in the CC&R's for all lots. (Engineering)
120. 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)
121. The developer agrees to not protest formation or inclusion in a maintenance district or zone
for the maintenance oflandscaped medians and scenic corridors along streets within or adjacent
to the subject subdivision. (Engineering)
122, 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
shall 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)
Page 26 of38
123. 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 mechanism
acceptable to the City, in the City's sole discretion, with the City which will guarantee the
maintenance of the L&I 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, 6 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
124. 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
parcel( s). (Engineering)
125. 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)
126. 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 664 73.7 ofthe California Government Code,
as may be amended from time to time. (Engineering)
127. Prior to approval of the first final map for the Project the Developer(s) shall provide a Sub
Area Master Plan (SAMP) for Village Seven, as approved by Otay Water District (OWD), which
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
Page 27 of38
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 SAMPto
be consistent with the approved SPA Plan prior to the approval of the first map for the Project.
(Engineering)
EASEMENTS
128. 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)
129. 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)
130. Grant on the applicable Final Maps sight distance easements to the City of Chula Vista for
comer 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)
131. 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)
132. 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)
133. Grant to City on all appropriate final "B" Map a 2-foot access easements along the rear and
side property line of lots adjoining walls to be maintained by the open space district. The
locations of these easements shall be as required by the Director of Planning and Building and
the City Engineer to provide adequate access for maintenance of said walls. (Engineering)
134, Storm drain easements shall be private unless the storm drain systems therein are public.
(Engineering)
135. 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
Page 28 of38
portion of the easements will overlap one another, the City shall have a superior right to the
common portion of the easements. (Engineering)
136. 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)
137. 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 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 aU 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 aU 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)
138. Grant on the final maps minimum 15' wide easements to the City ofChula Vista as required
by the City Engineer for construction and maintenance of sewer facilities. (Engineering)
139. Provide minimum] 5' wide easements to the City of Chula Vista as required by the City
Engineer for construction and maintenance of storm drain facilities. (Engineering)
140. 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)
141. Grant on all applicable final maps, easements along all 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
Page 29 of38
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)
142. 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)
143. 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
Magdalena along the Park site. (Engineering)
144. Prior to the approval of the first final map for the Project, an Open Space lot shall be created
over the slopes adjacent to the school lot S-3 along the park lot P-1, Magdalena Avenue and
Peabody Street. Said Open Space lot shall be offered for dedication on the final map with the
intent of maintenance thereof being the responsibility of a future Community Facilities District.
(General Services, Engineering)
AGREEMENTS/FINANCIAL
145. Enter into a supplemental agreement with the City, prior to approva1 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
anyone 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 inc1ude, 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.
Page 30 of 38
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 Councilor 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.
c. Permit all cable television companies franchised by the City ofChula 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
n. 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 of Chula 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 l,,'Tant 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)
146. The Applicant shall enter into an supplemental agreement with the City prior to approval of
the 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).
Page310f38
b. To not protest the formation of any future regional impact fee program or facilities benefit
district to finance the construction ofregional facilities. (Engineering)
147. 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)
148. 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 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)
149. 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)
150. Prior to approval of the applicable final map for the Project, Applicant shall 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 ofthe 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 Worh/Transit)
151. No final "B" Maps may be recorded within Village Seven SPA area until such time that an
annexable Mello Roos District, or some other tinancing mechanism approved by the school
district, to provide for the construction of needed elementary, middle and high schools is
established. (Engineering)
152. 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)
Page 32 of 38
153. Prior to the approval of any final map for the Projectthat contains open space, the Applicant
shall 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)
154. 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 Village Seven Affordable Housing Plan. (Engineering)
SCHOOLS
155. The Applicant shall deliver to the Chula Vista Elementary School District, Lot S-3 to the
satisfaction of the School District including utilities provided to the site and an all weather access
road acceptable to the District. The all-weather access road shall also be acceptable to the Fire
Department. This schedule is subject to modification by the School District as based on District
facility needs. (Planning)
156. Prior to the first final map the Developer shall coordinate with the High School District the
delivery of the High School Site S-l as shown on the Tentative Map. (Planning)
MISCELLANEOUS
157. 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 (AQ1P). (Planning)
158. 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)
159. The Developer shall implement the final WCP measures as approved by the City Council,
and as may be amended from time to time, and to comply and remain in compliance with the
Water Conservation Plan (WCP). (Planning)
Page 33 of 38
160. The Developer acknowledges that the City Council may, from time-to-time, modifY water
conservation measures as technologies and/or programs change or become available. The
Developer shall modifY the WCP to incorporate those new measures upon request of the City,
which are in effect at the time, prior to or concurrent with each map approval within the Project.
The new measures shall apply to development within all future map areas, but shall not be
retroactive to those areas, which receive final map approval prior to effect of the subject new
measures. The Developer acknowledges and agrees that the City has adopted the City of Chula
Vista Water Conservation Plan Guidelines (WCP Guidelines) as approved per Resolution No.
2003-234 and that such guidelines as approved and as may be amended from time-to-time shall
be implemented. (Planning)
161. The Applicant shall install all public facilities in accordance with the Village 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)
162. The Applicant agrees that the maintenance and demolition of all interim facilities (public
facilities, utilities and improvements) is the Applicant's responsibility, and that construction,
maintenance and demolition bonds will be required to the satisfaction of the City Engineer.
(Engineering)
163. Within thirty (30) days of the City Council approval of these map conditions, or prior to the
submittal ofthe 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 3 \12" disks or CD, as an e-mail attachment to the City Engineer or as otherwise
approved by the City Engineer. (Engineering)
Page 34 of38
164. 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 (poly lines)
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 ofChula Vista Subdivision Manual requirements therefore. The digital drawing files
shall be submitted in accordance with the City Guidelines for Digital Submittal on 3 y," disks or
CD, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer.
(Engineering)
165. On each final map, the boundary of the subdivision shall be tied to the California State Plane
Coordinate System (NAD 83, Zone 6). (Engineering)
166. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the
CVMC) and the Otay Ranch General Development Plan (GDP), and as they may be amended
from time to time, the Applicant shall complete the following: (I) Fund a fair share of the
preparation of an annual report monitoring the development of the community of Otay Ranch.
The annual monitoring report will analyze the supply of, and demand for, public facilities and
services governed by the threshold standards. An annual review shall commence following the
first fiscal year in which residential occupancy occurs and is to be completed during the second
quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on
page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast
identifying targeted submittal dates for future discretionary applications (SPA's and tentative
maps), projected construction dates, corresponding public facility needs per the adopted
threshold standards, and identifying financing options for necessary facilities. (Engineering)
167. The owners of each Village shal1 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 shal1 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)
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168. 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
169. 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, Engineering)
170. 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)
171. 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
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 ofChula 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
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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)
172. 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
173. 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)
174. 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. AU 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)
175. 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)
176. 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)
177. 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
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limited to: threshold standards (19.09.04), public facilities finance plan implementation
(19.09.090), and public facilities finance plan amendment procedures (19.09.1 00). (Engineering)
H:ICOMMDEVlJimHI092204PCV71V7 PCS-05-07 Conditions.doc
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Exhibit C
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MCMILLIN OTA Y
RANCH LLC RELATED TO VISTA VERDE 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)