The URL can be used to link to this page

Home My WebLink AboutReso 2000-068 RESOLUTION NO. 2000-068 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TENTATIVE SUBDIVISION MAP AND CONDITIONS OF APPROVAL FOR SAN MIGUEL RANCH, CHULA VISTA TRACT 99-04 I. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit A, attached hereto and incorporated herein by this reference, and commonly known as the San Miguel Ranch Tentative Subdivision Map, Chula Vista Tract 99- 04; and for the purpose of general description herein consists of 743.1 gross acres located east and noah of Proctor Valley Road, south of Sweetwater Reservoir and Mother Miguel Mountain, and west of the Rolling Hills Ranch Area ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on November 12, 1999, Trimark Pacific-San Miguel LLC ("Developer") filed a tentative subdivision map application with the Planning and Building Department of the City of Chula Vista requesting approval of the Tentative Subdivision Map for San Miguel Ranch, Chula Vista Tract 99-04 in order to subdivide the Project Site into eight-hundred twenty (820) single- family residential lots; four residential super lots with capacity for 574 dwelling units; one commercial center lot; nine open space lots, two park lots, one school site; two community purpose facility lots; and various special lots (i. e. private pocket parks, landscape buffer areas, and slope lots) throughout the Subdivision ("Project"); and C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements, including: 1) a General Plan Amendment CGPA'') 96-01 and San Miguel Ranch Amended Horseshoe Bend General Development Plan CGDP'') PCM 96-05 previously approved by City Council Resolution No. 18532 on December 17, 1996; 2) the San Miguel Ranch Sectional Planning Area Plan C SPA") PCM 96-04 previously approved by City Council Resolution 19631 on October 19, 1999; 2) San Miguel Ranch Planned Community District Regulations; 3) San Miguel Ranch Design Guidelines; 4) San Miguel Ranch Public Facilities Financing Plan; 5) San Miguel Ranch Affordable Housing Program; 6) Air Quality Improvement Plan (AQIP); 7) San Miguel Ranch Water Conservation Plan (WCP); and all previously approved by City Council Resolution No.19631, and Ordinance 2799 on October 19, 1999; and WHEREAS, the City Council, in the environmental review of said SPA Plan and related documents, relied on the San Miguel Ranch Final Subsequent Environmental Impact Report No. FSEIR 97-02 (Third Tier EIR); and WHEREAS, the Tentative Subdivision Map is a subsequent activity in the program of development environmentally evaluated under FSEIR 97-02, that is virtually identical in all relevant respects including lot size, numbers of lots and dwelling units, lot configurations, roadway facilities, etc., to the project descriptions in said former environmental evaluation; and Resolution 2000-068 Page 2 WHEREAS, the Environmental Review Coordinator has determined pursuant to Section 15162 of the CEQA Guidelines that, "When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence... substantial changes are proposed which will require maj or revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects...," the project is in substantial conformance with the project analyzed in the Final Subsequent Environmental Impact Report for the San Miguel Ranch SPA, EIR 97-02, previously certified by the City Council on October 19, 1999, and therefore any impacts associated with the proposed tentative subdivision map have been previously addressed; and D. Planning Commission Record on Application WHEREAS, the Planning Corrmaission held an advertised public hearing on the Project on February 23, 2000, and after hearing staff presentation and public testimony, voted (5-0-1-1) to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on February 29, 2000, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and WHEREAS, the city clerk set the time and place for a heating on said tentative subdivision map application and notice of said heating, 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 It. of the exterior boundary of the project at least 10 days prior to the heating; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. February 29, 2000, in the Council Chambers, 276 Fourth Avenue, before the City Council and said heating was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on February 23, 2000, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. Ill. CERTIFICATION OF COMPLIANCE WITH CEQA On October 19, 1999, the City Council of the City of Chula Vista previously reviewed, considered, and certified FSEIR-97-02 (Final Subsequent Environmental Impact Report for San Mignel Ranch). Resolution 2000-068 Page 3 IV. CEQA FINDINGS REGARDING PROJECT WITHIN SCOPE OF PRIOR SUBSEQUENT EIR The City Council hereby finds that: (1) there were no changes in the Project from the noted FSEIR which would require revisions of said report; (2) no substantial changes have occurred with respect to the circumstances trader which the Project i s being undertaken since the previous report; and (3) no new information of substantial importance to the Project has become available since the issuance and approval of the prior report, and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the prior Final Subsequent Environmental Impact Report (FSEIR 97-02). V. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and was within the scope of FSEIR-97-02 which adequately described the activity for the purposes of CEQA. VI. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map as conditioned herein for San Miguel Ranch, Chula Vista Tract No. 99-04 is in conformance with the elements of the City's General Plan, based on the following: 1. Land Use The San Miguel Ranch Sectional Planning Area (SPA) plan provides for Low (0-3 duJac), Low Medium (3-6 du/ac), Medium (6-11 du/ac), and Medium High (11-18 du~ac) residential densities, as well as Commercial (CS), Elementary School (ES), Parks (P), Open Space (OS), Public Quasi-public support (PQP) land uses for 1,394 dwelling units (1.9 du/ac.). The proposed subdivision proposes 1,394 dwelling units and incorporates a variety of lot sizes within the density range allowed by the SPA and other lots to satisfy the park dedication and Community Purpose Facilities (CPF) requirements. Thus, the Project as conditioned, is in substantial compliance with the San Miguel Ranch Amended Horseshoe Bend GDP and San Miguel Ranch SPA. 2. Circulation All on-site and off-site public streets required to serve the subdivision will be constructed or DIF fees paid by the developer in accordance with the San Miguel Ranch Public Facilities Financing Plan. The public streets within the project will be designed per City design standards and/or requirements. The adjoining street system was designed to Resolution 2000-068 Page 4 handle the anticipated flow of traffic from this and other area projects. Conditions of approval have been included in this resolution of approval which require on and off-site circulation system improvements will be provided to handle circulation from this Project and future projects in the area. 3. Housing The San Miguel Ranch Affordable Housing Program has been adopted and incorporated into the San Miguel Ranch SPA Plan to ensure that a minimum of 10% affordable housing for residents with low and moderate incomes is provided. This project has been conditioned to require that the City and applicant enter into an agreement specifying phasing of affordable housing prior to approval of the first final map. In addition, a mix of housing types and lot sizes for single-family, townhouses, condominium and various apartment densities will also be provided for persons of various incomes. 4. Conservation The Final Subsequent Environmental Impact Report FSEIR-97-02 which was previously certified on 10/19/99, addressed the goals and policies of the Conservation Element of the General Plan and found the development of this site to be consistent with these goals and policies. 5. Parks and Recreation, Open Space The San Miguel Ranch Tentative Subdivision Map provides a community park, private neighborhood park, private useable open space as well as biological preserves, and regional as well as community equestrian and pedestrian trails consistent with the General Plan, San Miguel Ranch Amended Horseshoe Bend General Development Plan and San Miguel Ranch SPA goals and objectives. 6. Safety A geotechnical study has been prepared, and conditions of approval have been included in this resolution which ensure that the proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. The Fire and Police Department and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal as conditioned will provide necessary improvements such as access roads, sprinkler systems, and fire hydrants. Also, a brush management plan will be approved prior to approval of the final map, and therefore the project will meet the City Threshold Standards for emergency services. Resolution 2000-068 Page 5 7. Noise Noise mitigation measures included in the Environmental Impact Report FSEIR-97-02 and conditions of approval contained herein adequately address the noise policies of the General Plan. The project has been conditioned to require preparation of an acoustical study to ensure that all dwelling units be designed to preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA for all outside private patio areas. 8. Scenic Highway The project site is located adjacent to a designated scenic highway (Proctor Valley Road east of East H Street). The project is in compliance with the Scenic Highway Element because a prominent ridge on the north side of this road will be designated as open space preserve, and a landscaped open space/trail buffer ranging in width from 20 to 60 feet will be provided along the both sides of the scenic highway. 9. Bicycle Routes Bicycle lanes have been incorporated within the San Miguel Ranch design and will be connected to the existing bicycle lane system. In addition, the public streets within the project are of adequate width to accommodate bicycle travel within the interior of the subdivision. 10. Public Buildings No public buildings are proposed on the project site. The project is subject to Residential Construction Tax fees prior to issuance of building permits. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. C. The configuration, orientation and topography of the site partially allows for the optimum setting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. D. The site is physically suitable for residential development because the project design is consistent with land use element, environmental impacts of the project to the site and surrounding area have been addressed in compliance with CEQA, and the proposal conforms to all standards established by the City for such projects. E. 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. Resolution 2000-068 --. Page 6 BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. VII. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions of approval set forth in Exhibit "B" attached hereto and made a part hereof. VIII. APPROVAL OF THE TENTATIVE SUBDIVISION MAP The City Council does hereby approve the Project subject to the conditions set forth in Section V and Section VI above and based upon the findings and determinations on the record for this Project. IX. 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 fight to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy 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. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. X. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Cotmcil 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 any one or more terms, provision, or conditions are determined by a Court of competent jurisdiction top 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 Robert A. Leiter John M. Kaheny Planning and Building Director City Attorney Resolution 2000-068 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, Califomia, this 29th day of February, 2000, by the following vote: AYES: Councilmembers: Davis, Moot, Padilia, and Salas NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Horton ATTEST: Shirley HortonMayor ' Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing Resolution No. 2000-068 was duly passed, approved, and adopted by the City Council at a regular h meeting of the Chula Vista City Council held on the 29t day of February, 2000. Executed this 29th day of February, 2000. Susan Bigelow, City Clerk -- PROJECT LOCATION / CHULA VISTA PLANNING AND BUILDING- LOCATOR P, or, c-r TRI MARK PACIFIC--SAN MIGUEL LLC. F'ROJEC'TD=.~FnDN: . h:~home~ptanning~he~oAIo~tos~gg~.cdr 02108/00 / ~ / ~X EXHIBIT B To Resolution No. 2000-268 CONDITIONS OF APPROVAL SAN MIGUEL RANCH TENTATIVE SUBDIVISION MAP CHULA VISTA TRACT 99-04 (2/18/00) Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to the first final map as determined by the Director of planning and Building and the City Engineer (b) unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fcc title. Where an casement is required the applicant shall bc 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 rice 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 bc resolved by the City Manager or designee. GENERALf pRELiMiNARy 1. The Developer shall comply with all requirements and guidelines of the San Miguel Ranch SPA Plan, Planned Community (PC) Dis~ct Regulations, Design Guidelines, Public Facilities Financing Plan, Affordable Housing Plan, Air Quality Improvement Plan and Water Conservation Plan, as may be 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, Engineering) 2. The following conditions of approval are based upon the project having multiple final Maps. Unless otherwise specified, all conditions and code requirements listed herein shall be fully completed to the City' s satisfaction prior to approval of the first final Map. 3. In the event of a filing of a final Map which requires oversizing of the improvements necessary to serve other properties, said final map shall be required to install all necessary improvements to serve the project plus the necessary oversizing of facilities required to serve such other properties (in accordance with the restrictions of State law and City ordinances). (Engineering, Planning) 4. Prior to approval of a final Map creating a multiple family lot which does not require the ---. filing of a subsequent map, all applicable conditions of approval of the tentative map shall be met, as determined by the City Engineer. (Engineering, Planning) San Miguel Ranch Tentative Map Conditions of Approval Exhibit B February 18, 2000 PatSe 2 of 42 5. Pursuant to the Project's approved PFFP, the Project is limited to construction within the areas east of SR-125 only (Phase areas I, II and/or IV) of not more than 675 EDUs prior to the construction of SR-125. The EDU's shall be calculated per the methodology stated in the "East H Street Focus Capacity Analysis 1999-2005" study prepared by Willdan Associates, dated June 8, 1999. It is recognized that Applicant may request an amendment to this condition subject to future traffic analyses to the satisfaction of the City Engineer. (Engineering) 6. Dedicate for public use all the public streets shown on the tentative map within the subdivision boundary with the recordation of the applicable final Map. Prior to the approval of the applicable Final Map, the Applicant shall enter into an agreement to guarantee the construction of all street improvements as required by the PFFP for each particular phase. (Engineering) 7. The Developer shall be responsible for retaining a project manager on their staff to coordinate the processing of discretionary permit applications originating from the private sector and submitted to the City of Chula Vista. The project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well rounded experience, including but not limited to land use planning and architecture. (Planning) 8. If developer desires to do certain work on the property after approval of the tentative map but prior to recordation of the applicable final 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 Map and improvement plans) will be approved. All work performed by the developer prior to approval of the applicable final Map shall be at Developer's own risk. Prior to permit issuance, the Developer shall acknowledge in writing that subsequent submittals (i.e., final 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 Map does not record. (Engineering, Planning) 9, Any reference to "Phases I, II, III or IV" throughout these conditions shall mean those phases set forth in the adopted San Miguel Ranch SPA Plan and Public Facilities Financing Plan. 10. If any of the terms, covenants or conditions contained herein shall fall to occur or if they are, by their terms, to be implemented and ma'mtained over time, if any of such conditions fall to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals San Migael Ranch Tentative Map Conditions of Approval Exhibit B February ] 8, 2000 Pa~.e 3 of 42 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 within a reasonable and diligent time frame. 11. 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 the purposes of this document the term "Developer" shall also mean "Applicant". 12. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attomey's fees, arising from challenges to the Environmental Impact Report for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 13. The applicant shall comply with all applicable SPA conditions of approval. 14. Any and all agreements that the applicant is required to enter in hereunder, shall be in a form approved by the City Attorney. ENVIRONMENTAL/PRESERVATION 15. Prior to approval of each _final Map, the Applicant shall enter into a supplemental subdivision agreement to implement, to the satisfaction of the Director of planning and Building, all applicable mitigation measures identified in FSEIR 97-02, the CEQA Findings of Fact and the Mitigation Monitoring and Reporting Program for the San Miguel Ranch Project in accordance with the requirements, provisions and schedules contained therein, and as further specified in these Tentative Map conditions. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in circumstances warrant such a revision. (Planning) 16. Prior to the approval of each final Map, the applicant shall comply with all applicable requirements of the Otay Tarplant Habitat Management Plan for San Miguel, as may be amended from time to time by the City. (Planning). 17. The Applicant shall comply with all applicable requirements of the California Department of Fish and Game, the Califomia State Water Resources Control Board, the U.S. Department of Fish and Wildlife, and the U.S. Army Corps of Engineers as to the Project. (Planning) San Miguel Ranch Tenlative Map Conditions of Approval Exhibit B February 18, 2000 Paine 4 of 42 18. Prior to approval of the first Final Map for the Project, the Applicant shall have submitted and received approval by the Director of Planuing and Building and the City' s Fire Marshall of a Brush Management Program for the Project. Approval of additional Final Maps may require amendments or additions to the Brush Management Program. The Brush Management Program shall comply with the following: a. Theareasindicatedforbrushmanagementactivitiesmustbewith'mtheboundariesofthe areas previously proposed for grading within FSEIR-97-02. To the extent that brush management areas extend beyond said grading boundaries, additional environmental review and mitigation may be required as determined by the Director of Planning and Building. b. Applicant's Brush Management Program shall comply with the provisions of the Multiple Species Conservation Program (MSCP) Subarea Plan, including but not limited to the requirement of up to a 150-foot setback from structures to the Preserve boundary with a 1 O-foot fire access, or as required by the by the Director of Planning and Building subject to the City' s ordinances and policies. The Brush Management Program shall also address buffer areas, types of fencing, and all other pertinent matters in areas surrounding or abutting the project's Otay Tarplant preserves. c. If Applicant so requests, pursuant to the MSCP Subarea Plan, site-specific waivers or project-level design methods to reduce fire setback requirements may be considered by the City Fire Marshall and approved at the City Fire Marshall' s sole descretion. d. As necessary, and prior to the approval of the Brush Management Program, the Applicant shall obtain written consent from other property owners to conduct brush management activities on adjacent, off-site lands which are within the required brush management zones as reflected in the Brush Management Program. (Planning, Fire) e. Applicant shall, where practical and as determined by the Director of Planning and Building, incorporate plant species listed in the "Urban Wildlife Interface Guidelines" for planting within and adjacent to fuel modification zones. 19. Prior to the City' s issuance of any clearing permit or grading permit for the project, or approval of the first final Map for the Project, whichever occurs first, the Applicant shall have submitted and received approval from the City, and the U.S. Fish and Wildlife Service, and the California Department of Fish and Game if so required, of the Otay Tarplant Habitat Management Plan for San Miguel Ranch. (Planning) 20. Prior to approval of the first Final Map for the Project, Applicant shall prepare, to the satisfaction of the Director of Planning and Building, a habitat management endowment funding plan consistent with, and as required by, the MSCP Subarea Plan, or as established by the Director of Planning and Building to ensure the long-term management and maintenance of the Project' s preserve lands. San Miguel Ranch Tentative Map Conditions of Approval Exhibit B '~ Februar~ 18, 2000 Page 5 of 42 21. Prior to approval of the first Final Map for the Project, the Applicant shall establish a financing mechanism in a form approved by the City, for the long-term management and maintenance of the Project's Preserve areas. Applicant shall bond for maintenance of the areas. (Planning, Attorney) 22. The Applicant acknowledges that a draft Otay Tarplant Habitat Management Plan for San Miguel Ranch is being reviewed by the City. Applicant specifically acknowledges that the final Plan will require Applicant to establish and provide for the long-term management and maintenance of the Preserve and Applicant agrees to comply with those provisions of the Plan within the time frames set forth in the Plan. (Planning) 23. Prior to approval of the first Final Map within SPA Planning Area "I ", or grading plan within SPA Planning Area "I" , whichever occurs first, Applicant shall have completed all necessary environmental review, and obtained any necessary take permits for the City approved alignment of the trail (pedestrian and equestrian) within and adjacent to the Open Space Area OS-3 (Lot OS-M) and its connection to the adjoining Otay Water District property portion of the Greenbelt Trail. (Planning) 24. Prior to approval of any grading or improvement plans, the Applicant shall include on those Plans as appropriate, and to the satisfaction of the Director of Plarming and Building, the noise walls required by the Project's Environmental Impact Report. (Planning) SPECIAL CONDITIONS OF APPROVAL 25. The Developer may submit and obtain approval of the City of an 'A' Map over the portion of the tentative map showing "superblock" lots corresponding to the SPA Planning Areas and phasing or combination of SPA Planning Areas and phasing thereof. Said map shall also provide open space lot dedications, the backbone street dedications and utility easements required to serve the "superblock" lots created by this map, but shall not show individual, buildable lots. All "superblock" lots created by this map or parcel map shall have access to a dedicated public street. (Engineering) DESIGN 26. A comprehensive wall plan indicating color, materials, height and location shall be reviewed and approved by the Director of planning and Building prior to approval of each Final Map. The wall plan shall also include details such as accurate dimensions, complete cross-sections showing required noise wails,' adjacent grading, landscaping, road/trail/sidewalk improvements, and the location of typical residential structures. Materials and color used shall be compatible and all walls located in comer 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- San Miguel Ranch Tentative Map Conditions of Approval Exhibit B Fel~ruary 18, 2000 Paine 6 of 42 sacs where a noise wall is not required. Any combination free standing/retaining walls shall not exceed 9.0 feet in height. The applicant shall submit a detail and/or cross section of the maximum/minimum conditions for all "combination wails" which include retaining and free standing wails, as part of said wall plan. All walls shall be constructed in conjunction with improvements within the Finai Map area. (Planning) 27. The applicant shall comply with all aspects of the City of Chula Vista Landscape Manual. 28. The applicant shall install ail street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code and the City' s Landscape Manuai or as otherwise approved by the Director of Planning and Building and Director of Public Works. Upon request of the Director of Planning and Building, the applicant shail provide root control methods and a separate deep watering irrigation system for ail trees. Street trees shall be shown on street improvement plans submitted for approvai by the Director of Plarming and Building and the Director of Public Works prior to or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the species selection of street trees. (Planning, Public Works) 29. Prior to the issuance of each rough grading permit for the Project, the applicant shall submit a study showing that all curb returns for any intersections in excess of 4% located within the permit boundaries, and all driveways, comply with ail ADA standards at the front and back of sidewaiks. (Engineering) STREETS, RIGHTS-OF-WAY AND PUBLIC ,IMPROVEMENTS 3 0. Comply with, remain in compliance with, and implement, unless otherwise conditioned, the terms, conditions and provisions of the San Miguel Ranch General Development Plan, Sectional Planning Area Plan ("SPA"), and such Master Plan of Reclaimed Water, Urban Runoff Report, Habitat Enhancement Plan, Master Plan of Sewage, Water Conservation Plan, the Air Quality Improvement Plan Design Guidelines and the Public Facilities Financing Plan approved by the Council ("Plans") as are applicable to the property which is the subject matter of this Tentative Map, prior to approval of each finai Map, or enter into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require, assuring that, after approval of the finai Map, the developer shall continue to comply with, remain in compliance with, and implement such Plans. (Engineering, Planning) 3 1. Provide security in accordance with Chapter 18.16 of the Mtmicipal Code and dedicate, construct full street improvements for all public streets shown on the Tentative Map within the subdivision boundary or off-site, as required for each phase in accordance with Chula Vista Design Standards, Chula Vista Street Standards, and the Chula Vista Subdivision Manual unless otherwise approved by the City Engineer. Said improvements shall include, '- San Miguel Ranch Tentative Map Conditions of Approval Exhibit B February 18, 2000 Page 7 of 42 but not be limited to, asphalt concrete pavement, base, concrete curb, driveways, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, traffic signals, signs, fire hydrants and transitions to existing improvements. All streets shall conform to the City's Street Design Standards Policy adopted by City Council Resolution No. 15349 unless otherwise conditioned or approved by the City Engineer. Construct transitions to existing improvements in the manner required by the City Engineer. (Engineering) 32. Construct the following improvements in accordance with Table A and the required Subdivision Improvement Agreement (SIA) pursuant to the City's Municipal Code. 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. The developer shall agree to construct and provide sufficient security for such construction prior to the approval of the final Map listed in Table A. (Engineering, Planning) Table A* FACILITY LIMITS AGREE TO CONSTRUCT AND GUARANTEE CONSTRUCTION PRIOR TO CITY APPROVAL OF Mount Miguel Road Phase I - South of East First Map (Facility #1) H Street north to SDG&E easement E-1. Mount Miguel Road Phase II - SDG&E First Map containing Facility #2 (Facility #2) easement E-1 to easterly SR-125 R.O.W. Mount Miguel Road Phase III- Easterly SR- First Map in Phase III. (Facility #3) 125 R.O.W. to westerly terminus at Proctor Valley Road (west of SR- 125) intersection. Proctor Valley Road Phase I - Mount Miguel First Map -(east of SR-125) Road (along frontage of (Facility #4) Planning Area "D") westerly to SDG&E easement E- 1. San Miguel Ranch Tentative Map Conditions of Approval Exhibit B February 18, 2000 Page 8 of 42 ~ FACILITY LIMITS AGREE TO CONSTRUCT AND GUARANTEE CONSTRUCT]ON PPdOR TO CITY APPROVAL OF Proctor Valley Road Phase II - SDG&E First Map in Phase II. (east of SR-125) easement E-1 to (Facility #5) westerly subdivision boundary at OS-4. Proctor Valley Road Phase III- From eastern First Map in Phase III. (west of SR125) boundary of (Facility #6) SDG&E easement E-2 northwesterly to Mount Miguel Road intersection west of SR-125. Sewage Lift Phase III - First Map containing Planning Area 'L' Station in Lot L-B northeasterly in Phase III. (Facility #7) portion of Planning Area 'L' (approx. 42 lots). _, Greenbelt/Equestrian East Project boundary First Map in Phase I Trail through OS~3 through O S -3 (Facility #8) through I-A to Lot CP-A. Community Trail from Mount Miguel Road at Lot First Map in Phase I Lot M-B to Lot H M-B through Lot H-D i (Facility #9) through Lot I-B to Cul-de- sac Street "B" in Lot H Greenbelt/Equestrian Through First Map in Phase I Trail through Lot CP-A Lot CP-A through Lot CP- (Facility #10) C to Mount Miguel Road Regional Trail E- 1 North from Mt. Miguel First Map in Phase II (Facility # 11 ) Rd. through E1-A to Cul-de-sac Street "YY" Lot F Regional Trail E~I Mount Miguel Road at First Map in Phase II (Facility #12) Northwest Lot C through E1-B to Street "A" West. San Miguel Ranch Tentative Map Conditions of Approval Exhibit B Februar~ 18, 2000 Paine 9 of 42 FACILITY LIMITS AGREE TO CONSTRUCT AND GUARANTEE CONSTRUCTION PRIOR TO CITY APPROVAL OF Regional Trail E-I Street "A" WestNorthwest First Map in Phase II ] (Facility #13) Lot D through E1-C to Proctor Valley Road Community Trail NP SDG&E E1-B Westerly First Map in Phase II (Facility # 14) along Street "A" West to Cul-de-sac Street "Q" Lot G Community Trail Cul-de-sac Street "CC" First Map in Phase III Lot OS-7 through Lot J-A through (Facility # 15) Lot OS-7 Community Trail Lot J-B Street "AA" West through First Map in Phase III (Facility #16) Lot J-B to Lot K-B Southeast at Proctor Valley Road Community Trial Cul-de-sac Street "PP" Lot First Map in Phase III Lot OS-9 K through Lot OS-9 to (Facility # 17) Cul-de-sac Street "II" Lot J Multi-Purpose/ Intersection Proetor Valley First Map in Phase I Equestrian Trail along Road & Mount Miguel Mount Miguel Road Road through Lot M-B (Facility #18) through Lot H-D through Lot H-E through Lot CP-C to SDG&E E-1 Regional Trail along Westerly through SDG&E First Map in Phase II Mount Miguel Road easement E- 1 along Mount (Facility # 19) Miguel Road westerly through Lot F-B through Lot F-A through Lot OS-G to East SR-125 ROW San Miguel Ranch Tentative Map Conditions of Approval Exhibit B February 18, 2000 Pa~e 10 of 42 ~ FACILITY LIMITS AGREE TO CONSTRUCT AND GUARANTEE CONSTRUCTION PRIOR TO CITY APPROVAL OF Regional Trail along West SR-125 ROW along First Map in Phase III Mount Miguel Road Mount Miguel Road (Facility #20) westerly through Lot L-E through Lot L-F through Lot L-A to Proctor Valley Road. Equestrian Trail along Northwest comer of Lot First Map in Phase III Proctor Valley Road K-C at Mouth Miguel (Facility #21) Road southerly along Proctor Valley Road through Lot K-C through Lot K-B through off-site area to Southeasterly OS-4 Multi-Purpose/ Southeast OS-4 along First Map in Phase II Equestrian Trail along Proctor Valley Road Proctor Valley Road through OS-4 through Lot ~ (Facility #22) S-A through Lot E-A through Lot E1-C to Lot D-A. Equestrian Trail along Proctor Valley Road along Proctor Valley Road (Facility #23) : to Mount Miguel Road. *TABLE "A" NOTES: a. FACILITY NO. 1 Construct Mount Miguel Road to the designed full-width street improvements within Phase I and along the frontage of Phase IV, and include on the south side a meandering 5-foot wide sidewalk and on the north side a modified 5-foot wide meandering sidewalk and 10-foot stabilized decomposed granite equestrian trail configuration to accommodate the multi- purpose greenbelt and equestrian trail, all per SPA Figure 1-7, and as approved by the City Engineer. (Engineering, Planning, Public Works) San Miguel Ranch Tentative Map Conditions of Approval Exhibit B '~' February 18, 2000 Pa~e ] 1 of 42 b. FACILITY NO.2 Construct Mount Miguel Road to the designed full-width street improvements within Phase II, and include on the south side a meandering 5-foot wide sidewalk and on the north side a 1 O-foot stabilized decomposed granite multi-purpose trail configuration to accommodate the multi-purpose greenbelt, all per SPA Figure 1- 6, or as approved by the City Engineer and the Director of planning and Building. (Engineering, Planning, Public Works) c. FACILITY NO.3 Construct Mount Miguel Road to the designed full-width street improvements within Phase III, and include on the south side a meandering 5-foot wide sidewalk and on the north side a 1 O-foot stabilized decomposed granite multi-purpose trail configuration to accommodate the multi-purpose greenbelt, all per SPA Figure 1-6, or as approved by the City Engineer and the Director of Planning and Building. (Engineering, Planning, Public Works) d. FACILITY NO.4 Construct Proctor Valley Road to the designed full-width street improvements within Phase I, and include on the north side a contiguous 5 -foot wide sidewalk and a 10-foot stabilized --- decomposed granite equestrian trail configuration to accommodate the multi-purpose greenbelt and equestrian trail, per cross-sections on the Tentative Map, and as approved by the City Engineer. (Engineering, Parks, Planning, Public Works) e. FACILITY NO.5 Construct Proctor Valley Road to the designed full-width street improvements within Phase II, and include on the north side a contiguous 5-foot wide sidewalk and a 1 O-foot stabilized decomposed granite equestrian trail configuration to accommodate the multi-purpose greenbelt and equestrian trail, per cross-sections on the Tentative Map, and as approved by the City Engineer. If it is determined by the City and the Elementary School District during school site planning that on-street parking will be provided along the school frontage, the roadway (curb-to-curb section) shall be widened along the north curbline to allow for the addition of an 8-foot wide parking lane in addition to the 5-foot wide bike lane, and the additional right-of-way shall be dedicated (Engineering, Parks, Planning, Public Works) f. FACILITY NO.6 Construct Proctor Valley Road to the designed full-width street improvements within Phase III, from the intersection of Mount Miguel Road south through the frontages of Planning Areas 'J', 'K' and through the SDG&E easement E-2 to the Project' s boundary, all west of S R- 12 5, and include on the north/east side a meandering I 0-foot wide stabilized decomposed ,-- granite equestrian trail configuration to accommodate the multi-purpose greenbelt and equestrian trail and on the south/west side a 5-foot wide contiguous sidewalk, all per SPA San Miguel Ranch Tentative Map Conditions of Approval Exhibit B Februar'd' 18, 2000 Pal~e 12 of 42 Figure 1-10, and as approved by the City Engineer with a 36 foot curb-to-curb width on 56 feet of fight-of-way. (Engineering, Parks, Planning, Public Works) g. FACILITY NO.7 Construct the sewage lift station in Planning Area 'L' and provide the City a cash endowment in the amount of $784,000 to fund the perpetual annual maintenance costs for the lift station, or; in such instance that the Developer desires to pursue some other facility in lieu of the sewage lift station, fund and construct some other facility as approved by the City Engineer. (Engineering, Public Works) h. FACILITY NO. 8 Construct a ten-foot (10') wide equestrian trail of stabilized decomposed granite with two- foot (2') wide clearance of vertical obstruction on either side and a post and rail fence per CVCS-16 and landscape to the satisfaction of the Director of Planning and Building and as approved by the City Engineer. (Engineering, Planning, Parks, Public Works) i. FACILITY NO. 9 Construct a five-foot (5') wide community trail of stabilized decomposed granite with two- foot (2') wide clearance of vertical obstruction on either side, a post and rail fence per CVCS- 16 and benches and landscape to the satisfaction of the Director of Planning and Building and as approved by the City Engineer. (Engineering, Planning, Parks, Public Works) j. FACILITY NO. 10 Construct a ten-foot (10') wide equestrian trail of stabilized decomposed granite with two- foot (2') wide clearance of vertical obstruction on either side and a post and rail fence per CVCS - 16 and landscape and a walkway of concrete with a minimum width of ten-feet (10') and two-foot (2') wide clearance of vertical obstruction on either side and landscape to the satisfaction of the Director of Planning and Building and as approved by the City Engineer. Final alignment shall be per the Community Park Master Plan. (Engineering, Planning, Parks, Public Works) k. FACILITY NO. 11 Construct a five-foot (5') wide community trail of stabilized decomposed granite with two- foot (2') wide clearance of vertical obstruction on either side, a post and rail fence per CVCS- 16 and benches and landscape to the satisfaction of the Director of Planning and Building and as approved by the City Engineer. (Engineering, Planning, Parks, Public Works) San Miguel Ranch Tentative Map Conditions of Approval Exhibit B ~" February 18, 2000 Page 13 of 42 1. FACILITY NO. 12 Construct a ten-foot (10') wide regional trail of stabilized decomposed granite with two-foot (2') wide clearance of vertical obstruction on either side, a post and rail fence per CVCS-16 and benches and landscape to the satisfaction of the Director of Planning and Building and as approved by the City Engineer. (Engineering, Planning, Parks, Public Works) m. FACILITYNO. 13 Construct a ten-foot (I 0') wide regional trail of stabilized decomposed granite with two-foot (2') wide clearance of vertical obstruction on either side, a post and rail fence per CVCS- 16 and benches and landscape to the satisfaction of the Director of planning and Building and as approved by the City Engineer. (Engineering, Planning, Parks, Public Works) n. FACILITYNO. 14 Construct a ten-foot (10') wide regional trail of stabilized decomposed granite with two-foot (2') wide of vertical obstruction on either side, a post and rail fence per CVCS~16 and benches and landscape to the satisfaction of the Director of Planning and Building and as ---. approved by the City Engineer. (Engineering, Planning, Parks, Public Works) o. FACILITY NO. 15 Construct a five-foot (5') wide community trail of stabilized decomposed granite with two- foot (2') wide clearance of vertical obstruction on either side, a post and rail fence per CVCS- 16, benches and a overlook shelter and landscape to the satisfaction of the Director of Planning and Building and as approved by the City Engineer. (Engineering, Planning, Parks, Public Works) p. FACILITY NO. 16 Construct a five-foot (5 ') wide community trail of stabilized decomposed granite with two- foot (2') wide clearance of vertical obstruction on either side, a post and rail fence per CVCS- 16 and benches and landscape to the satisfaction of the Director of Plarming and Building and as approved by the City Engineer. (Engineering, Planning, Parks, Public Works) q. FACILITY NO. 17 Construct a five-foot (5') wide community trail of stabilized decomposed granite with two- foot (2') wide clearance of vertical obstruction on either side, a post and rail fence per CVCS- 16 and benches and landscape to the satisfaction of the Director of Planning and Building and as approved by the City Engineer. (Engineering, Planning, Parks, Public Works) San Miguel Ranch Tentative Map Conditions of Approval Exhibit B February 18, 2000 Page 14 of 42 r. FACILITY NO. 18 Construct a ten-foot (10') wide equestrian trail of stabilized decomposed granite with two- foot (2') wide clearance of vertical obstruction on either side and a post and rail fence per CVCS-16 and landscape and a walhvay of concrete with a minimum width of five-feet (5') and two-foot (2') wide clearance of vertical obstruction on either side and landscape to the satisfaction of the Director of Planning and Building and as approved by the City Engineer. (Engineering, Planning, Parks, Public Works) s. FACILITY NO. 19 Construct a ten-foot (10') wide regional trail of stabilized decomposed granite with two-foot (2') wide clearance of vertical obstruction on either side and a post and rail fence per CVCS- 16 and landscape to the satisfaction of the Director of planning and Building and as approved by the City Engineer. (Engineering, Planning, Parks, Public Works) t. FACILITY NO. 20 Construct a ten-foot (10') wide regional trail of stabilized decomposed granite with two-foot (2') wide clearance of vertical obstruction on either side, a post and rail fence per CVCS-16 and benches and landscape to the satisfaction of the Director of Planning and Building and as approved by the City Engineer. (Engineering, Planning, Parks, Public Works) u. FACILITY NO. 21 Construct a ten-foot (10') wide equestrian trail of stabilized decomposed granite with two- foot (2') wide clearance of vertical obstruction on either side and a post and rail fence per CVCS-16 and landscape to the satisfaction of the Director of planning and Building and as approved by the City Engineer. (Engineering, Planning, Parks, Public Works) v. FACILITY NO. 22 Construct a ten-foot (10') wide equestrian trail of stabilized decomposed granite with two (2) foot wide clearance of vertical obstruction on either side and a post and rail fence per CVCS- 16 and landscape and a walkway of concrete with a minimum width of five-feet (5') and two- foot (2') wide clearance of vertical obstruction on either side and landscape to the satisfaction of the Director of Planning and Building and as approved by the City Engineer. (Engineering, Planning, Parks, Public Works) w._ FACILITY NO. 23 Construct a ten-foot (10') wide equestrian trail of stabilized decomposed granite with two (2) foot wide clearance of vertical obstruction on either side and a post and rail fence per CVCS- 16 and landscape and a walkway of concrete with a minimum width of five-feet (5 ') and two- San Miguel Ranch Tentative Map Conditions of Approval Exhibit B February 18, 2000 Pale 15 of 42 foot (2') wide clearance of vertical obstruction on either side and landscape to the satisfaction of the Director of Planning and Building and as approved by the City Engineer. (Engineering, Planning, Parks, Public Works) 33. Submit a waiver request for all design standards which are not conforming to City standards from the Engineer-of-Work to the City Engineer stating the deviations from City standards and explaining that no safety issues will be tompromised in their professional opinion. The waiver will be subject to approval by the City Engineer in the City Engineer's sole discretion. (Engineering) 34. Design all public residential streets which are proposed to have non-contiguous 5.0' wide sidewalks to the following criteria: a. 36' curb-to-curb width on 61' of fight-of-way, b. 7.0' wide parkway as measured form the back of curb to the front of sidewalk, c. grant on each lot a 4.0' wide Public Landscaping and Utility Easement from back of sidewalk, d. transition sidewalk within the cul-de-sac turnaround to provide a contiguous sidewalk throughout the cul-de-sac turnaround area, e. provide a minimum turnaround curbline radius of 40' on 50' of right_of_way with a 5.5' Street Tree Planting and Maintenance Easement within the cui-de-sac turnaround area, (Engineering, Parks, Planning, Public Works) 35. Designallpublicresidentialcollectorstreetswhichareproposedtohavenon-contiguous 5.0' wide sidewalks to the following criteria: a. 40' curb-to-curb width on 65' of right-of-way, b. 7.0' wide parkway as measured from the back of curb to the front of sidewalk, c. grant on each lot a 4.0' wide Public Landscaping and Utility Easement from back of sidewalk, d. transition sidewalk within the cul-de-sac turnaround to provide a contiguous sidewalk throughout the cul-de-sac turnaround area, e. provide a minimum turnaround curbline radius of 40' on 50' of right_of_way with a 5.5' Street Tree Planting and Ma'mtenance Easement within the cul-de-sac turnaround area, (Engineering, Parks, Planning, Public Works) 36. Indicate on the plans every vertical curve on every street, including length of vertical curve and the entering and exiting grades. The correct lengths of these curves shall comply with applicable sight distance standards. (Engineering) 37. Guarantee prior to approval of each Final Map, the construction of public street improvements (streets, sewer, drainage, utilities, etc.) deemed necessary to provide service to the subject subdivision in accordance with City standards. (Engineering) San Miguel Ranch Tentative Map Conditions of Approval Exhibit B February 18, 2000 Pa~e 16 of 42 3 8. Prior to approval of the appropriate Final Map, submit and obtain preliminary approval for proposed street names from the Director of Planning and Building and the City Engineer. No two intersections shall have the same name. Street name suffixes shall comply with City standards. (Engineering, Fire, Police, Planning, Public Works) 3 9. Obtain approval from the City Engineer for street light locations. Any street lights proposed within any SDG&E easement will require special review and approval by SDG&E in order to conform to SDG&E restrictions and standards. (Engineering) 40. Construct sidewalks and construct pedestrian ramps on all walkways to comply with the "Americans with Disabilities Act" (~D.~) 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, once construction has commenced. (Engineering, Planning) 41. Prior to issuance of the first grading permit in Phase II or Phase III, or approval of the first final map in Phase II or Phase III, whichever occurs first, present written verification to the City Engineer from CalTrans or its authorized agent, that the following within the project frontage and limits of work has been reviewed and deemed acceptable: a. grading along the SR-125 corridor. (Engineering, Planning) b. the alignment, cross-section, design and grading for the Mount Miguel Road/SR-125 interchanges, (Engineering, Planning) c. the alignment and cross-section for Mount Miguel Read within the SR- 125 right-of-way corridor bridge deck will have five 12 foot wide lanes and two 4 foot wide bike lanes, plus any raised or painted median width, (Engineering, Planning) d. that east/west pedestrian crossings will be allowed and north/south pedestrian crossings will be prohibited at the northbound and the southbound ramp intersections of SR- 125 and Mount Miguel Road. (Engineering, Planning) 42. Meet intersection design sight distance requirements in accordance with City standards for all streets which intersect other streets at or near horizontal or vertical curves. (Engineering) 43. Provide striping and sighing for Class II bikeway (lanes) on Mount Miguel Road and Proctor Valley Road east of Mount Miguel Road. (Engineering) San Miguel Ranch Tentative Map Conditions of Approval Exhibit B February 18, 2000 Pa~e 17 of 42 44. Acquire and then grant to the City all off-site rights-of-way neeessaxy for the installation of required street improvements for the affected phase, prior to approval of each Final Map for each affected phase of the subdivision. (Engineering) 45. Notify the City at least 60 days prior to consideration of the affected Final Map by City, if off-site right-of-way and easements cannot be obtained as required by these conditions. (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 and prior to the approval of the affected Final Map, the developer shall: a. Pay the full cost of acquiring off-site fight-of-way or easements required by the Conditions of Approval of the Tentative Map. b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. The amount of the deposit is subject to the approval of the City Engineer. c. Prepare and submit all easement and/or right-of-way documents, plats and appraisals necessary to commence condemnation proceedings. If the developer so requests, the City may use its power of eminent domain to acquire right- of-way, easements or licenses needed for off-site improvements or work related to the tentative map. The developer shall pay all costs, both direct and indirect incurred in said acquisition. The condition to construct the related off-site improvements which fall under the purview of Section 66462.5 of the State Subdivision Map Act are waived in accordance with that section of the Act, if the City does not acquire or commence proceedings for immediate possession of the property within the time limitation specified in that section. (Engineering) 46. Acquire and dedicate on or in connection with the corresponding final map all of the right-of- way needed to construct the portions of Proctor Valley Road and Mount Miguel Road contiguous to the subdivision to future ultimate roadway improvements. The construction of the public street improvements for all on-site portions of the streets shall be provided by the developer along the full length of the subject property and in accordance with Table A. (Engineering) 47. Design all lot frontages to have a minimum dimension of 35 feet. All lot frontages not conforming to City standards shall have a design waiver submitted by the Engineer-of-Work to the City Engineer and the Director ofPlanuing stafmg the deviations from City standards and explaining that no safety issues will be compromised in their professional opinion. (Engineering, Planning) San Miguel Ranch Tentative Map Conditions of Approval Exhibit B Februar~ 18, 2000 Page 18 of 42 48. Design and construct Street "LL" and Street "MM", between Proctor Valley Road and Street "AA", per Class III Collector standards to the satisfaction of the City Engineer, Fire Chief and Chief of Police. (Engineering, Fire, Planning) 49. With issuance of the first construction permit for Phase IV (SPA Planning Areas A,M,N), design and construct as a "turn-key" project the two bus turnouts with bus shelters, benches, concrete pad, signing, striping and appurtenances, which will be located along the eastbound and westbound Proctor Valley Road, east of Mount Miguel Road to the satisfaction of the City Engineer and the City Transit Coordinator. (Engineering, Planning, Transit) 50. For the bus turnouts on Proctor Valley Road, east of Mount Migual Road, grant on the first Final Map for Phase IV (SPA Planning Areas A,M,N) or with the site plan, whichever occurs first, any additional fight-of-way, to the satisfaction of the City Engineer, at locations to be determined by the City Transit Coordinator. (Engineering, Planning, Transi0 51. Provide a $24,000 cash deposit for 8 bus stops prior to approval of the first final Map, to provide for bus stop benches, concrete pad, signing and appurtenances per SPA Figure 1 - 12. Applicant will not be required to construct the bus stops. (Engineering, TransiO 52. Prior to approval of the first Final Map in Phase III, submit a map reflecting the approved alignment of Proctor Valley Road and containing the full fight-of-way dedication and related easements for the portion of Proctor Valley Road from the westerly intersection of Mt. Miguel Road/Proctor Valley Road south to the project boundary through SDG&E easement E-2. (Engineering) 53. With submittal of the first Final Map in Phase II, or upon request by the City Engineer, submit a horizontal and vertical alignment study and, prior to approval of said map, obtain approval from the City Engineer for Proctor Valley Road from Mount Miguel Road, west of SR-125, south to the project boundary through SDG&E easement E-2 as a local roadway (36'/56') with a minimum 30 mph design speed. (Engineering) 54. Design and construct street lights on traffic signal standards, and construct underground traffic signal equipment at locations as approved by the City Engineer and CalTrans at the following ten (10) proposed/existing intersections of Mount Mignel Road with: a. both intersections of Proctor Valley Road b. both intersections with SR-125 northbound & southbound ramps c. intersection of Street "A". South/Street "WW" d. intersection of Street "A" South/Street "A" North e. intersection of Street "AA"/Street "UU" f. intersection of Street "AA"/Street "VV" e. intersection of Street "I" f. intersection of Street "XX". (Engineering) San Miguel Ranch Tentative Map Conditions of Approval Exhibit B "" February II1. 2000 Pa~e 19 of 42 55. Prior to the approval of the First Final Map, grant to the City of Chula Vista an Irrevocable Offer of Dedication for the entire proposed right-of-way of SR-125 within the Project's botmdaries. The fight-of-way shall be sufficient for the ultimate construction of SR-125 to the satisfaction of CalTrans and the City Engineer. Any transfer of the right -of-way to a third party by the City will be subject to a three party agreement between the City of Chula Vista, the Applicant and Caltrans or its authorized agent. (Engineering) 56. Design to the satisfaction of the City streets in Planning Areas "C" and "D" such that there is only one access point at the following streets: Mount Miguel Road and Street "A" West. Planning Areas "C" and "D" shall create a coincident intersection with Street "A"West. Planning Area "C" shall have a secondary access point on Mount Miguel Road reserved for emergency access only purposes. Planning Area "D" shall have a secondary access point at Street "A". (Engineering, Fire, Planning Police, Public Works) 57. Guarantee prior to the release of bonds for street improvements that the "Engineer-of-Work" has clearly identified all sewer (S) and water (W) lateral locations prior to the construction of curbs so that the curb face can be stamped with an "S" and "W", for the sewer and water laterals, respectively, and the Developer shall propagate all curb face markings in order to assure that the locations of the said utilities are identifiable. (Engineering-lnspection) GRADING AND DRAINAGE 58. At the time of review of grading and improvement plans, submit hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. (Engineering) 59. Provide graded vehicle access to all storm drain clean-outs or as otherwise approved by the City Engineer. (Engineering) 60. Design the storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. (Engineering) 61. Storm drain clean-outs shall not be located on slopes or in inaccessible areas for maintenance equipment and shall be designed to the satisfaction of the City Engineer. (Engineering) 62. Drainage shall be collected in an inlet and carried to the bottom of any slope in an underground storm drain if the slope is over 10 feet in height and steeper than 4:1. (Engineering) 63. Prior to approval of each _final Map, demonstrate the adequacy of existing detention facilities or construct runoff detention facilities upon the request of the City Engineer, to assure that the maximum allowable discharges after development do not exceed pre-development discharges, all to the satisfaction of the City Engineer. The developer shall provide for the .... future maintenance of the detention basin facilities through the establishment of a San Miguel Ranch Tentative Map Conditions of Approval Exhibit B February 18, 2000 Pa~e 20 of 42 landscaping maintenance district, or other mechanism as approved by the City. (Engineering, Parks, Planning, Public Works) 64. Construct a protective fencing system around all proposed detention basins, and the inlets and outlets of storm drain structures, as and when directed by the City Engineer. The final design and types of construction materials shall be subject to approval of the City Engineer and Director of Planning and Building. (Engineering, Planning) 65. Construct energy dissipaters at all storm drain outlets as required by the City Engineer to maintain non-erosive flow velocities. (Engineering) 66. 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) 67. The developer shall comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program during and a~er 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. (Engineering) 68. 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) 69. The developer shall design and construct all grading and pad elevations to 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, Planning) 70. For all SPA Planning Areas subjectto further Site Plan approvals (Areas A,B,C,D,M, Nand S), grading and pad elevations shall not necessarily be required to be within 2 feet of the grades and elevations shown on the approved tentative map, subject to Site Plan approval and discretion of the City Engineer and the Director of planning and Building. (Engineering, Planning) 71. Obtain notarized letters of permission for all off-site grading work and any on-site grading work subject to SDG&E easements or like ownership interests, prior to issuance of grading permit for work requiring said grading. (Engineering) 72. Submit a list of proposed lots indicating whether the structure will be located on fill, cut, or a transition' between the two situations prior to approval of the firs/g Final Map. (Engineering) San Miguel Ranch Tentative Map Conditions of Approval Exhibit B February 18, 2000 Pae. e 21 of 42 73. Enter into an agreement with the City wherein the City is held harmless from any liability' from erosion, siltation or increase in flow of drainage resulting from this project. (Engineering, Parks, Planning) 74. Storm drain systems that collect water from private property shall be designated private on grading and drainage and/or improvement plans to the point of connection with a public system or to the point at which the 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 for approval by the City for private storm drains within the public right-of-way or within C.F.D. maintained open space lots. (Engineering, Parks, Public Works) 75. Grant on the appropriate Final Map a 15 foot minimum drainage and access easement for storm drain lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required widths.(Engineering, Public Works) SEWER 76. Design all sewer access points (manholes) to be located at centerline of street or cul-de-sac, at the center of a travel lane, unless otherwise approved by the City Engineer. (Engineering, Public Works) 77. Provide clean-outs no further than 100 feet apart for the force main. (Engineering, Public Works) 78. Design force mains to be constructed with no 90-degree angles. A minimum of a 30 foot radius sweep shall be installed. A clean-out shall be installed at each end of the sweep. (Engineering, Public Works) 79. The first five manholes in the gravity system downstream after connection with force main shall be lined with T-lock lining, or an appropriate equivalent as approved by the City Engineer. Rungs in these five manholes shall be plastic type and double sealed. (Engineering, Public Works) 80. Construct parallel sewer lines for sewers greater than 15 feet in depth if laterals are to be connected to these lines. Deep sewers are subject to the approval of the City Engineer.(Engineering, Public Works) 81. Construct the sewage lift station in Planning Area 'L' and provide the City an endowment in the amount of $784,000 to fund the perpetual annual maintenance costs for the lift station, or; in such instance that the Developer desires yo pursue some other facility in lieu of the sewage lift station, fund and construct some other facility as approved by the City Engineer. (Engineering, Public Works) San Miguel Ranch Tentative Map Conditions of Approval Exhibit B Februar~ 18, 2000 Pa[$e 22 of 42 82. Pay in full, prior to recordation of the subdivision Final Map containing Planning Area "L", the Proctor Valley Trunk Sewer Reimbursement District Fee for those lots located in Planning Area "L" subject to the gravity sewer line along Jonel Way to the satisfaction of the City Engineer. (Engineering) 83. Provide improved, paved access to all sewer manholes to withstand H-20 wheel load or other loading as approved by the City Engineer. (Engineering, Public Works) 84. Sewer access points shall not be located on slopes or in inaccessible areas for maintenance equipment. (Engineering, Public Works) 85. Design utility line mains to be placed along travelway and away from curblines in street right-of-way for accessibility during maintenance. (Engineering. Public Works) WATER 86. Prior to approval of the first improvement plans for the project, the Applicant shall provide written evidence from Otay Water District that the District has reviewed and approved the required water Sub-Area Master Plan (SAMP) for the project. The Applicant shall provide the City with 6 copies of the approved SAMP. Applicant shall construct any potable or recycled water system facilities outside of a particular phase area as identified in the PFFP, which are necessary to provide adequate water service to the particular phase area, or as otherwise agreed between the Applicant and Otay Water District. (Engineering, Planning) 87. Prior to approval of each Final Map, provide to the City a letter from Otay Municipal Water District indicating 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) 88. 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) 89. Prior to the approval of each Final Map, 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) San Miguel Ranch Tentative Map Conditions of Approval Exhibit B February 18, 2000 Page 23 of 42 AGREEMENTS/FINANCIAL 90. Enter into a supplemental agreement with the City, prior to approval of each Final Map, where the developer agrees to the following: a. That the City may withhold building permits for the subject subdivision ifany one ofthe following occur: (i). Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. (ii). Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. (iii). The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to 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 Public Works Director. (Engineering, Planning) b. Defend, indemnify and hold hannless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City. including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. (Engineering, Planning) c. Ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Developer agrees that the City of Chula Vista may grant access to cable companies franchised by the City of Chula Vista to place conduit within the City's easement situated within the Project. Developer shall restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. (Engineering, Planning) d. That the City may withhold the issuance ofbuilding permits forthe 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 San Miguel Ranch Tentative Map Conditions of Approval Exhibit B February 18, 2000 Page 24 of 42 of notice of such determination and allow the Developer reasonable time to cure said breach. (Engineering, Planning) e. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. (Engineering) 91. Prior to the approval of the first Final Map, should the developer choose to establish an HOA to maintain areas within the fight-of-way, the applicant shall enter into an agreement with the City for the maintenance of City property by the Homeowner's Association. (Engineering, Planning) 92. Prior to approval of the first Final Map, enter into a supplemental agreement with the City where the developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. This agreement not to 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 new improvements and shall not interfere with the right of any person to vote in a secret ballot election (Engineering, Planning) 93. The Applicant shall comply with all previous agreements as they pertain to this tentative map. (Engineering, Planning) 94. 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 eont'mue sweeping until such t'wne 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. (Administration, Engineering- Inspection, Public Works) 95. Prior to approval of the first Final Map within the Project, Applicant shall: a. Establish a fund with the City for the purpose of funding 15 annual reviews of the Project's fiscal operation deficits to be conducted by the City or its consultants to evaluate the fiscal impact of the Project using factors deemed relevant by the City Manager. Applicant shall initially and at all times maintain a minimum balance of San Migucl Ranch Tentative Map Conditions of Approval Exhibit B ""'- February 18, 2000 Pale 25 of 4? $10,000 in the annual review fund. The first annual review shall be for the year 2001 and continue through year 2015.. At any time, should the annual review fund balance be less than $10,000, and should Applicant fail to replenish such balance within 30 days of City 's demand for replenishment of the fund to the minimum required balance, City shall have the right to withhold building permits for the Project; and b. Applicant acknowledges and agrees that Applicant shall be responsible through the year 2015 for paying for the fiscal deficit identified by the annual fiseai review to ensure that all City services provided to the Project including direct and indirect costs, as well as capital and operating costs shall be covered by Project revenues and Project exactions. Applicant shall, prior to approval of the first Final Map within the Project, and subject to the approval of the City, establish a mechanism to satisfy Applicant's responsibility for payment of the Project's fiscal deficit, such as the establishment of a reserve fund, payment of a one time fee, a fee to be paid with each building permit for the Project, the establishment of a community facilities district or other acceptable methods. (City Attorney, Planning) 96. The Applicant shall reserve Lot S-A (elementary school site) for school purposes to be offered for dedication in fee to the Chula Vista Elementary School District CCVESD'), in accordance with the provisions of the Applicant's school mitigation agreement with the ---~ CVESD, as approved by, and to the satisfaction of, the CVESD. (Engineering, Planning) OPEN SPACE/ASSESSMENTS 97. Prior to the approval of the first final Map for the Project, the Developer shall request the formation of an Open Space District, submit an application packet for the formation of a Community Facilities District (CFD), and submit the request to the City Council for consideration. Developer shall form a CFD prior to issuance of the first production home building permit, and submit a list ofamenities, acreage and costs for all Open Space District lots including but not limited to the cost of any detention basin maintenance and all costs to comply with the Department of Fish and Game and the U.S. Army Corps of Engineers permit requirements, if any. Maintenance of the open space improvements shall be accomplished by the Developer for a minimum period of one year or until such time as accepted into the open space district by the Director of Public Works. If Council does not approve the open space district formation, some other financing mechanism such as homeowners association, or an endowment shall be established and submitted to the City Council for consideration prior to approval of the first Final Map. Prior to the approval of the first Final Map, Dex~eloper shall submit an initial deposit of $35,000 to begin the process of formation of the open space district. All costs of formation and other costs associated with the processing of the open space relating to this project shall be borne by the Developer. The Developer shall provide all the necessary information and materials (e.g., Tables, diagrams, etc.) as determined by the City Engineer to prepare the Engineer's Report for the proposed open space district. (Engineering, Planning, Public Works) San Miguel Ranch Tentative Map Conditions of Approval Exhibit B February 18, 2000 Page 26 of 42 "~ 98. Grant Irrevocable Offers of Dedication (IOD) to the City with the first Final Map for all Open Space lots within the subdivision. (Engineering, Parks, Planning, Public Works) 99. The developer agrees to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and parkways along streets, and scenic corridors within or adjacent to the Project. This agreement not to 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 new improvements and shall not interfere with the right of any person to vote in a secret ballot election. (Engineering, Planning) 100. Prior to issuance of any grading permit which includes Landscaping and Irrigation (L&I) improvements to be installed in an open space lot to be maintained by the open space or Community Facilities District, the developer shall place a cash deposit 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, Director of Planning and Building and the Director of Public Works, 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 as determined by the City Engineer. Any unused porti on of said deposit shall be incorporated into the open space district's reserve at such time as the maintenance of the open space lot is assumed by the open space district. -- (Engineering, Planning, Public Works) 101. Conform to the design elements of the City's Landscape Manual for all landscaping which falls within the maintenance responsibility of the Community Facilities District. (Engineering, Parks, Planning) 102. Provide proof to the satisfaction of the City Engineer and Director of Planning and Building that all improvements located on open space lots will be incorporated into and maintained by a Home Owner's Association or a CFD. (Engineering, Parks, Planning) 103. Provide within the master CC&R's for the maintenance in perpetuity of all stabilized decomposed granite (D.C.) areas by a Home Owner' s Association. All proposed stabilized decomposed granite (D.C.) walkways including, but not limited to, the walkways proposed along the north side of Mount Miguel Road, shall be free from vertical obstacles and obstructions such as public utility vaults, boxes, etc. (Engineering, Engineering-Inspection Parks, Planning, Public Works) 104. Prior to receiving first model home building permit, the developer shall submit all Special Tax and Assessment disclosure forms for each model size or EDU for the approval of the City Engineer. (Engineering) San Miguel Ranch Tentative Map Conditions of Approval Exhibit B February 18, 2000 Page 27 of 42 105. On or before ninety (90) days from the date of approval of these conditions, or prior to approval of any Final Map, whichever occurs first, Applicant shall submit and receive approval from the Director of Planning and Building of a Landscape Master Plan. The content of the Landscape Master Plan shall conform to the City staff checklist. Such approval shall be indicated by means of the Director's signature and date on said Plan. (Planning, Parks) 106. Maintenance of all facilities and improvements within open space areas covered by home owners associations shall be addressed in the CC&Rs to be submitted and approved by the Engineering and Planning Departments prior to approval of the associated final map. (Engineering, Planning) 107. The developer shall agree to not protest formation of a district for the maintenance of City drainage facilities, or any portion thereof, within the Sunnyside Basin. This agreement not to protest shall not be deemed a waiver of the fight to challenge the amount of any assessment which may be imposed due to the addition of these new improvements and shall not interfere with the fight of any person to vote in a secret ballot election. (Engineering, Planning) 108. All utilities which service open space lots shall be located within an open space lot or within dedicated City right-of-way. (Engineering, Park Planning, Public Works) 109. Agree that walls which are located within the open space maintenance district shall have owners of adjoining lots sign a statement when purchasing their homes that they are aware that the wall is on Open Space property and that they may not modify or supplement the wall or encroach onto Open Space property. These restrictions shall also be reflected in the CC&Rs for each lot, and a copy of said restrictions shall be provided to the City for its approval. (Engineering, Planning) PARKS/TRAILS 110. The Applicant acknowledges that the City is in the process of preparing and adopting a City- wide Parks Master Plan, and hereby agrees to enter into a supplemental agreement with the City prior to approval of the first Final Map wherein the applicant agrees to comply with the provisions of said Plan when adopted as it affects facility and other related requirements for the San Miguel Ranch commtmity park. (Parks, Planning) 111. Prior to approval of the first Final Map, the Applicant shall provide an Irrevocable Offer of Dedication (IOD) to the City, in a form approved by the City Attorney, forthe 16.9 gross acre public community park site (Lot CP-A). City acknowledges that Applicant shall be entitled to reimbursement for land dedication, improvements and/or maintenance in excess of what is required under the City's PAD Ordinance. (parks, Planning) San Miguel Ranch Tentative Map Conditions of Approval Exhibit B February 18, 2000 Page 28 of 42 "' 112. As to CPF site (CP-B): A. Applicant shall cause to have contacted in a manner and with the timing to the full satisfaction of the City, a multi-purpose community building ("Building") of such substantial size to contain adequate space, improvements, fixtures and like amenities to accommodate community activities, as determined in the sole discretion of the Director of planning and Building. The site and Building shall be included within the San Miguel Ranch Community Park Master Plan. B. Applicant hereby acknowledges and agrees that the City shall in its sole discretion determine the acceptable use of the site, which shall be complementary and compatible to the adjacent community park. C. Prior to approval of the first Final Map for the Project, Applicant shall record a deed restriction on Lot CP-B which shall restrict use of the site to uses compatible with the adjoining community park as determined by the City Manager or his designee. D. Applicant agrees that the City shall have an option to purchase the property at any time for as long as the property is a designated CPF site. Within 30 days of approval of these conditions, applicant shall execute an agreement grunting the City an option to purchase the property in a form acceptable to the City Attorney. E. Should the City exercise its option to purchase the site, at such time as it is exercised, a purchase price shall be determined by an appraisal to be performed by the City at Applicant's cost, which shall value lot CP-B as a CPF site. F. Applicant may sell CPF site (CP-B) to a non-profit entity. Applicant shall prepare escrow instructions to the satisfaction of the City Attorney, setting forth these map conditions as to the site. Applicant shall notify City in writing at least 10 days before execution of a purchase agreement for sale of the site, and shall provide City sufficient information to enable the City to determine the purchaser's intended use. The City shall have the right to approve or disapprove the purchaser of the site. Approval of the City shall not be unreasonably withheld (Planning, Parks, Attorney) 113. Applicant acknowledges and agrees that the configuration of the CPF site (Lot CP-B) as presented on the Tentative Map is subject to change consistent with the provisions of the San Miguel Ranch Community Park Master Plan. Applicant further acknowledges and agrees that Lot CP-B is subject to integration with the Community Park Site CLot CP-A) and in no case shall the CPF site be less than 2.7 net usable acres. (Planning, Parks, Attorney) 114. On or before one-hundred and twenty (120) days from the date of approval of these map conditions, the Applicant shall enter into a three party agreement with the City of Chula Vista and a landscape architecture consulting firm for the preparation and processing of the San San Migue] Ranch Tentative Map Conditions of Approval Exhibit B ---.- Februa~ 18, 2000 Page 29 of 42 Miguel Ranch Community Park Master Plan. The Director of planning and Building shall have the right to select the consultant. (Parks, Planning) 115. Prior to the approval of the Final Map, which contains the 472nd dwelling unit forthe Project (or other dwelling unit number as may be Approved by the Director of planning and Building), the Applicant shall prepare and submit to obtain the approval from the Director of Planning and Building a Master Plan for the San Miguel Ranch Community Park. The Master Plan shall address, among other items the possible two-phase aspect of the park site and shall include facilities and amenities prescribed in the City-wide Parks Master Plan as adopted by City Council. In the event that the forthcoming City-wide Park master plan is not adopted before the community park master planning begins, the Director of Planning and Building shall determine the appropriate park facilities for the community park. The Master Plan shall include a detailed written and graphic description of the following: Identification of intended design themes and concepts; the integration of the CPF site with the park and identify the use and user; a park construction cost estimate, a park implementation plan, a park phasing plan and a park financing plan; a reasonable layout of the elements proposed to be included within the park; the elements listed below: · buildings and restrooms · recreation and play fields · recreation and play courts · recreation and play structures · major planting including initial sizing and species · circulation components: · automobiles, ingress/egress and parking · pedestrians walkways, ingress/egress and benches · bicycles · equestrians · trails · lighting · grading and landform contouting · drainage · site furnishings and fixtures · walls · fences · signage (Parks, Planning) 116. Simultaneous with the first submittal of grading plans for any portion of either Planning Area ' H or 1, the Applicant shall prepare plans, submit and obtain the City Engineer's approval of San Miguel Ranch Tentative Map Conditions of Approval Exhibit B February 18, 2000 Pa~e 30 of 42 rough grading for the Community Park site (Lot CP-A and B.) (Parks, Engineering, Planning) 117. Simultaneous with the first submittal of improvement plans for any portion of either Planning Area H or I, the Applicant shall prepare plans, submit and obtain the City Engineer' s approval of below grade utility improvements for the Community Park site (Lot CP-A and B) (Parks, Engineering, Planning) 118. Applicant shall grade the Community Park site (Lots CP-A and B) to the satisfaction of the City Engineer and the Director of Planning and Building concurrently with grading for any portion of either Planning Area H or I, whichever occurs first. (Parks, Engineering, Planning) 119. Applicant shall install below grade utilities and future points of connection to the boundaries of the Community Park site (Lots CP-A and B) to the satisfaction of the City Engineer and the Director of Planning and Building concurrently with the installation of below grade utilities for any portion of Planning Areas H or I, whichever occurs first. (Parks, Engineering, Planning) 120. Prior to issuance of a building permit which involves the 800th dwelling unit for the Project, the Applicant shall commence construction on the complete and final Community Park and facilities in complete accordance with the Approved San Miguel Ranch Community Park Improvement Plans. (Parks, Planning) 121. Prior to issuance of a building permit which involves the 9601h dwelling unit for the Project, the Applicant shall complete construction of the San Miguel Ranch Community Park and facilities, The term "complete construction" shall mean park construction has been completed according to the City approved improvement plans and accepted by the Director of Planning and Building. Furthermore, "complete construction" shall mean prior to and shall not include the City' s establishment maintenance period, required prior to acceptance by City for public use. (Parks, Planning) 122. Prior to the approval of each Final Map within the project which allows construction of any dwelling traits, the Applicant shall pay to the City the portion of the Park Development Fee due for the dwelling unit count of the respective Final Map. The principal funds shall accumulate to the total amount oft he park development fee due for the Projeet as established by the PFFP, less any amount of credit received for the dedication of additional park land. In the event the City accepts the "m-key" improvements of the Commtmity Park site (Planning Area CP) the Park Development fees paid, less the City's cost of processing and administering the expenditure verification and administration of the PAD fees, shall be returned to the Applicant at the time of the City' s acceptance of the park improvement plans and accompanying security bonds. The City may withhold up to 20% of the total PAD fees due until the park has been completed and accepted by the City. (Parks, Planning) San Miguel Ranch Tentative Map Conditions of Approval Exhibit B Februa~ 18, 2000 Pa,ge 31 of 4? 123. Prior to the commencement of any construction of the "turn-key" improvements of the Community Park site (Planning Area CP) the Applicant shall submit to the City for review, verification and receive approval ofa pre-construction established cost for such construction. Any amendment to this total cost shall be in writing and receive approval from the City. Prior to the release of any PAD fee due the Applicant, the Applicant shall submit to the City for review, verification and receive approval of a complete accounting of all expenses for the cost of improvements to the "turn key" Community Park. In the event of a disagreement as to the appropriateness of expense for which the Applicant seeks reimbursement, the City Manager's or his designee's opinion shall prevail. The Manager or his designee shall not unreasonably withhold approval. (Parks, Planning) 124. The Applicant may not improve the park in excess of the City approved pre-construction established cost without City approval. In the event the City requires Applicant to improve park in excess of the City approved pre-construetion established cost the City shall reimburse the Applicant for the amount authorized by the City to be expended as a result of City's requirement. This condition shall not be construed to prevent the Applicant from improving the park in excess of the project's City approved pre~construction established cost with the City's approval, at the Applicant's sole cost and expense. (Parks, Planning) 125. Prior to the issuance of the Building Permit for the 400th dwelling unit within the Proj eel (or other dwelling unit namber as may be Approved by the City Manager (or designee)), the Applicant shall have commenced construction of the First Phase of the Community Park site as directed by the Park Master Plan, or provided improvements to the site to the satisfaction of the City Manager (or designee) including installation of an automatic irrigation system, planting of turf, and the installation of an all weather access road acceptable to the Fire and Police Departments. Applicant shall complete construction within 120 days of commencement. (Parks, Planning) 126. Prior to issuance of the Building Permit involving the 236th dwelling unit within the Project, Applicant shall have obtained approval of the construction drawings for the First Phase of the community park and provided security in a form acceptable to the City Attorney and as approved by the City Manager or his designee. (Parks, Planning, Attorney) 127. Prior to the approval of the Final Map which contains the 4901h dwelling unit within the Project the Applicant shall prepare construction plans, submit for approval from the City Manager (or designee) plans for improvements of the private neighborhood park site (Planning Area NP.) (Parks, Planning) 128. Prior to the issuance of the Building Permit for the 4901h dwelling unit within the Project the Applicant shall complete construction to the satisfaction of the City Manager (or designee) for the improvement of the private neighborhood park site (Planning Area NP.) (Parks, Planning) San Miguel Ranch Tentative Map Conditions of Approval Exhibit B Februar~ 18, 2000 Pa~e 32 of 42 129. Prior to the issuance of the Building Permit for the 472"a dwelling unit within the Project, the Applicant shall obtain approval from the Director of Planning and Building for complete improvements to the Community Park site (CP-A) other than the First Phase, and provided security in a form acceptable to the City Attorney and as approved by the City Manager. (Parks, Planning) 130. Prior to approval of the first Final Map for the Project, the Applicant shall enter into an agreement with the City whereby Applicant agrees to provide the City with a "turn-key" community park constructed in accordance with the approved San Miguel Ranch Community Park Master Plan and City approved conslxuction documents, and provide security to the City in a form of a bond to the satisfaction of the City Attorney, whereby the Applicant guarantees construction for the Applicant's complete parks development obligation, and shall provide complete maintenance for the Community Park improvements for a establishment period of one (1) year, or until such time as the Community Park is accepted by the City for public use. This condition is not intended to supersede any of the City's maintenance guarantee requirements. The agreement shall further provide that if any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions 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 within a reasonable and diligent time frame. (Parks, Planning) 131. The Director of Planning and Building may, at his sole discretion, modify the neighborhood and community park development phasing and construction sequence for either or both the public community park and private neighborhood park should conditions change to warrant such revision. (Parks, Planning) 132. Prior to approval of the first Final Map within SPA Planning Area I, the Applicant shall have selected and obtained the approval of the Director of Planning and Building of a final on-site alignment for the required trail (equestrian/pedestrian) within and adjacent to Open Space area OS-3 (Lot OS-M) and its connection to the adjoining Otay Water District property portion of the Greenbelt Trail: The Applicant shall grade said trail concurrent with the grading of SPA Planning Area I within Phase I. (Planning, Parks) 133. Prior to the approval of each Final Map with designated trails, the Applicant shall provide to the City an irrevocable offer of dedication (IOD) for the trails to the satisfaction of the City Engineer and Director of Planning and Building. (Engineering, Parks, Planning) San Miguel Ranch Tentative Map Conditions of Approval Exhibit B ---- February 18. 2000 Pa~e 33 of 42 134. Prior to submission to City by Applicant of any grading plans or trail improvement plans involving property subject to any SDG&E property interests, Applicant shall submit to City, to the satisfaction of the City, evidence of SDG&E's permission to locate such trails within said property. Prior to issuance of the first Building Permit within each Final Map area, Applicant shall prepare, submit and obtain the Approval from the Director of Building and Planing trail improvement plans which include: trail alignment, width and construction specifications, signage, connections to adjoining trails both off-site or on site and either existing or proposed. (Parks, Planning) 135. Prior to approval of the first Final Map for the Project, the Applicant shall enter into an agreement to consUuct and provide security for all trails to the satisfaction of the City Manager (or designee). All trails shall be bonded, in an amount as determined by the City Manager (or designee), and approved by the City Attorney. (Park Planning) 136. Concurrent with the submittal of grading plans, the Applicant shall prepare, submit and obtain the approval of the City Engineer and Director of planning and Building, of landscape, irrigation and erosion control plans. Concurrent with improvement plans, the Applicant shall prepare, submit and obtain the approval of the City Engineer and the Director of Planning and Building, open space, parkway, median and trail landscape and irrigation plans. All plans shall be prepared in accordance with the Chula Vista Landscape Manual and Section V- 15, ----, Design Guidelines, of the San Mignel Ranch SPA. (Planning, Parks) 137. Prior to the Approval of improvement plans for any portion of Planing Area E, the Applicant shall prepare, submit and obtain the Approval of the Director of Planning and Building for landscape planting and irrigation improvements for Lots E-B, E-C, E-D, E-E and E1 -C to the satisfaction of the Director of Planning and Building. (Parks, Planning, Public Works) 138. Prior to the Acceptance of improvements for any portion of Planing Area E, the Applicant shall install landscape planting and irrigation improvements for Lots E-B, E-C, E-D, E-E and E1-C to the satisfaction of the Director of Planning and Building. (Parks, Planning, Public Works) 139. Prior to the Approval of improvement plans for any portion of Planing Area F, the Applicant shall prepare, submit and obtain the Approval of the Director of Planning and Building for landscape planting and irrigation improvements for Lots F-A, F-B and E1-A to the satisfaction of the Director of planning and Building. (Parks, Planning, Public Works) 140. Prior to the Acceptance of improvements for any portiorf of Planing Area F, the Applicant shall install landscape planting and irrigation improvements for Lots F-A, F-B and El -A to the satisfaction of the Director of planning and Building. (Parks, Planning, Public Works) 141. Prior to the Approval of improvement plans for any portion of Planing Area G, the Applicant shall prepare, submit and obtain the Approval of the Director of Planning and Building for San Miguel Ranch Tentative Map Conditions of Approval Exhibit B Februar~ 18, 2000 Pal3e 34 of 42 landscape planting and irrigation improvements for Lots G-A, G-D, G-E and E1-B to the satisfaction of the Director of planning and Building. (Parks, Planning, Public Works) 142. Prior to the Acceptance of improvements for any portion of Planing Area G, the Applicant shall install landscape planting and irrigation improvements for Lots G-A, G-D, G-E and E1 - B to the satisfaction of the Director of Planning and Building. (Parks, Planning, Public Works) 143. Prior to the Approval of improvement plans for any portion of Planing Area H, the Applicant shall prepare, submit and obtain the Approval of the Director of Planning and Building for landscape planting and irrigation improvements for Lots H-A, H-B, H-D and H-E to the satisfaction of the Director of Planning and Building. (Parks, Planning, Public Works) 144. Prior to the Acceptance of improvements for any portion of Planing Area H, the Applicant shall install landscape planting and irrigation improvements for Lots H-A, H-B, H-D and H- E to the satisfaction of the Director of Planning and Building. (Parks, Planning, Public Works) 145. Prior to the Approval of improvement plans for any portion of Planing Area I, the Applicant shall prepare, submit and obtain the Approval of the Director of Planning and Building for landscape planting and irrigation improvements for Lot I-A and .0S-3 to the satisfaction of the Director of planning and Building. (Parks, Planning, Public Works) 146. Prior to the Acceptance of improvements for any portion of Planing Area I, the Applicant shall install landscape e planting and irrigation improvements for Lot I-A and OS-3 to the satisfaction of the Director of planning and Building. (Parks, Planning, Public Works) 147. Prior to the Approval of improvement plans for any portion of Planing Area J, the Applicant shall prepare, submit and obtain the Approval of the Director of Planning and Building for landscape planting and irrigation improvements for Lots OS-7, OS-8 and OS-9, J-A and J-B to the satisfaction ofthe Director ofPlanning and Building. (Parks, Planning, Public Works) 148. Prior to the Acceptance of improvements for any portion of Planting Area J, the Applicant shall install landscape e planting and irrigation improvements for Lots OS-7, OS-8 and O S-9, J-A and J-B to the satisfaction of the Director of Plarming and Building. (Parks, Planning, Public Works) 149. Prior to the Approval of improvement plans for any portion of Planing Area K, the Applicant shall prepare, submit and obtain the Approval of the Director of Planning and Building for landscape planting and irrigation improvements for Lots K-A, K-B, K-C and K-D to the satisfaction of the Director of planning and Building. (Parks, Planning, Public Works) 150. Prior to the Acceptance of improvements for any portion of Planing Area K, the Applicant shall install landscape planting and irrigation improvements for Lots K-A, K-B, K-C and K- San Miguel Ranch Tentative Map Conditions of Approval Exhibit B February 18, 2000 Pa~e 35 of 42 D to the satisfaction of the Director of Planning and Building. (Parks, Planning, Public Works) 151. Prior to the Approval of improvement plans for any portion of Planing Area L, the Applicant shall prepare, submit and obtain the Approval of the Director of Planning and Building for landscape planting and irrigation improvements for Lots L-A, L-B, L-C, Lot L-E and L-F to the satisfaction of the Director of Planning and Building. (Parks, Planning, Public Works) 152. Prior to the Acceptance of improvements for any portion of Planing Area L, the Applicant shall install landscape e planting and irrigation improvements for Lots L-A, L-B, L-C, Lot L-E and L-F to the satisfaction of the Director of planning and Building. (Parks, Planning, Public Works) 153. Prior to the Approval of improvement plans for any portion of Planing Area M, the Applicant shall prepare, submit and obtain the Approval of the Director of Planning and Building for landscape planting and irrigation improvements for Lot M-B to the satisfaction of the Director of Planning and Building. (Parks, Planning, Public Works) 154. Prior to the Acceptance of improvements for any portion of Planing Area M, the Applicant shall install landscape e planting and irrigation improvements for Lot M-B to the satisfaction of the Director of Planning and Building. (Parks, Planning, Public Works) 155. Prior to approval of each Final Map, or as otherwise approved by the Director of Planning and Building, provide a schedule outlining the proposed mover of maintenance for open space areas to H.O.A. as applicable (Parks, Planning, Public Works) 156. Provide a landscaping plan for each Planning Area, prior to approval of the first building permit for the Planning Area, showing that all single family residential lots have been designed to accommodate a 5 ,/~' X 5 ,/,' (30.25 sq.ft.) tree planting area within the street tree easement clear of utility lines, boxes, and similar obstructions. (Park Planning, Public Works) EASEMENTS 157. Grant on the Final Maps minimum 15' wide easements to the City of Chula Vista for construction and maintenance of sewer facilities. (Engineering) 158. Grant on the Final Maps minimum 15' wide easements to the City of Chula Vista for construction and maintenance of storm drain facilities. (Engineering) 159 Carant on the Final Maps 10' wide general utility easements adjacent to street right-of-way within open space lots, unless otherwise approved by the City Engineer. (Engineering) San Miguet Ranch Tentative Map Conditions of Approval Exhibit B February l 8, 2000 Page 36 of 42 160. Grant by separate document easements for all off-site public storm drains and sewer facilities prior to approval of any Final Map requiring those facilities. (Engineering) 161. Grantbyseparated~cumenteasementsf~ra~~~~~sitepub~icst~rmdrainsandsewerfaci~ities within the SR-125 tight-of-way corridor prior to approval of any final map requiring those facilities. The easements shall be the size as required by City standards unless otherwise approved. (Engineering) 162. Grant on the Final Map any additional area in order to provide 20' landscape buffer easements adjacent to the bus ramouts on Proctor Valley Road, east of the intersection of Mount Miguel Road/East 'H' Street, along frontages of Planning Areas 'A', 'M' and 'N'. (Engineering, Parks, Planning) 163. Grant on the Final Maps a 30' landscape buffer easement adjacent to north/east side of Mount Miguel Road and an 8' landscape buffer easement adjacent to south/west side of Mount Miguel Road. (Engineering, Parks, Planning) MISCELLANEOUS 164 Tie the boundary of the subdivision to the California System - Zone VI (1983) and NAVD 88. (Engineering) 165. Submit "as-built" improvement and grading plans as required by the City Subdivision Manual. (Engineering, Engineering-Inspection) 166. Submit copies ofFinal Maps in a digital format such as (DXF) graphic file prior to approval of each Final Map. Provide Computer Aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 3-1/2" disks, or as otherwise approved by the City Engineer. Submit as-built improvement and grading plans in digital format. Maintain security to guarantee the ultimate submittal of improvements and grading digital files. Update electronic files after any construction pen and ink changes to the grading or improvement plans and resubmit to the City. (Engineering) 167. Implement all conservation measures prescribed in the San Miguel Ranch Water Conservation and Air Quality Improvement Plans. (Planning) 168. Comply and remain in compliance with the Planned Community District Regulations and Design Guidelines. (Planning) 169. Provide the City with a copy of the disclosure to homeowners of cost associated with Mello- Roos Assessment and Community Facility/Open Space districts as required by Ordinance 2275, prior to approval of the first Final Map. (Engineering, Planning) San Miguel Ranch Tentative Map Conditions of Approval Exhibit B Febmar,/18, 2000 Page 37 of 47 FIRE AND BRUSH MANAGEMENT 170. Provide the Initial Cycle of fire management/brush clearance within lots adjaeent to natural open space areas subject to approval by the Fire Marshal and Director of Planning and Building. (Fire, Parks, Planning) 171. Provide fire hydrants every 500 ft. for single family residential units and every 300 ft. for multi-family residential units. All hydrants shall be operable prior to delivery of combustible building materials, and minimum 20' wide, all-weather fire access roads shall also be provided. (Engineering, Fire, Planning) 172. Provide sprinkler systems in all homes in Planning Area "L" that are easte~y of the 1000' centerline distance of Street "QQ", as measured from the cross-street of Street "VV" (lots 33 through 55 & lots 57 through 69). (Fire, Planning) 173. Provide sprinkler systems in all homes that are on flag lots where the setback distance is greater than 150' as measured from the nearest curb face. (Fire, Planning) CODE REQUIREMENTS 174. Comply with all applicable sections of the Chula Vista Municipal Code including Chapter 15.04 "Grading Ordinance" as amended. 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. (Engineering, Planning) 175. Underground all utilities within the subdivision in accordance with Municipal Code requirements, excepting those utilities owned and operated by SDG&E located within E-1 and E-2 which may be relocated per the requirements of SDG&E, to the satisfaction of SDG&E and the City Engineer. (Engineering) 176. Pay, or otherwise satisfy to the City, all applicable fees in accordance with the City Code and Council Policy, including, but not limited to, the following (Engineering): Prior to issuance of building permit: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. SR-125 impact fee. e. Proctor Valley Trunk Sewer Reimbursement District Fee. f. Frisbie Trunk Fee. San Miguel Ranch Tentative Map Conditions of Approval Exhibit B February 18, 2000 Page 38 of 42 Prior to each Final Map approval: g. Park Acquisition and Development Fee. h. Spring Valley Sanitation District Trunk Fee. ('Engineering, Parks, Planning) The amount of said fees shall be those in effect at the time of issuance of final maps or building permits as applicable. 177. 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, Parks, Planning) 178. Design all dwelling units to preclude interior noise levels over 45 dBA and shield all exterior private open space to limit noise exposure to 65 dBA. (Planning) 179. Comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E. S .) permit requirements for urban nmoffand 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 notice of intent with the State Water Resources Control Board to obtain coverage under the N.P.D,E.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. (Engineering) 180. 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. (Parks, Planning, Engineering) 181. The Applicant shall comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. (Engineering) GROWTH MANAGEMENT/PUBLIC FACILITIES FINANCiNG PLAN (PFFP)/PHASiNG 182. The Applicant shall comply with Chapter 19.09 of the Chula Vista Mtmicipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). San Miguel Ranch Tentative Map Conditions of Approval Exhibit B February 18, 2000 Page 39 of 42 183. Install public facilities in accordance with the San Miguel Ranch Public Facilities Finance Plan as may be amended from time to time, or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. 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 shall construct the public improvements and provide security satisfactory to the City Engineer. 184. Applicant shall develop the Project in accordance with the approved SPA and PFFP phasing plan. If the applicant proposes to modify this approved phasing plan, the applicant shall submit to the City a revised phasing plan for review and approval prior to approval of each Final Map. The PFFP and these map conditions shall be revised where necessary to reflect the revised phasing plan. (Engineering, Planning) 185. 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 deparlments. 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, Planning) 186. The Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of San Miguel Ranch, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govem 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 future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. The San Miguel Ranch PFFP, at the Applicant's expense and subject to a Reimbursement Agreement, shall be updated, upon reqpest of the City Engineer, to reflect said revisions including the nature, sizing, extent and timing for the construction of public San Miguel Ranch Tentative Map Conditions of Approval Exhibit B Februa~ 18, 2000 Pa~e 40 of 42 facilities caused by San Miguel Ranch, and shall become a condition for all subsequent San Miguel Ranch entitlements, including tentative and final maps. (Engineering, Planning) 187. The Developer agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) if 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 Director of Planning and Building. The property owner may propose changes in the timing and sequencing of the development and the construction of improvements affected. in such cases, the PFFP may require amendment as approved by the Director of Planning and Building. (Engineering, Planning) 188. The applicant acknowledges that the City is presently in the process of amending its Growth Management Ordinance to establish provisions necessary to ensure compliance with adopted thresholds standards (particularly traffic) prior to the construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to Final Map approval for that development, and that the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. (Engineering, Planning) 189. The Applicant shall at its own cost and expense, revise the San Miguel Ranch Water Conservation Plan CWCP'') as necessary to incorporate new water conservation measures, and/or to participate in pilot projects to evaluate new measures, such as graywater systems, as adopted by the City Council, and comply and remain in compliance with the WCP, and the Applicant shall be required to modify the WCP to incorporate those new measures which are in effect at the time, prior to or concurrent with each Final Map approval. The new measures shall apply to development within all future Final Map areas, but shall not be retroactive to those areas which received Final Map approval prior to effect of the subject new measures. Applicant shall agree to waive any claim that the adoption of a revised Water Conservation Plan or Air Quality Plan constitutes an improper subsequent imposition of the condition. HOME OWNERS ASSOCIATIONS CHOA")/DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS CCC&R's) I90. The Applicant shall create a Master Homeowner's Association CMHOA") to own and maintain in a professional manner open space areas, medians, parkways, or any other improvement not maintained bSz a Community Facility District, the City, or other entity (referred to collectively as "open space areas"). The Applicant shall complete the formation of the MHOA prior the first final Map for the project. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning apd Building require such annexation of future tentative map areas. On or before 60 9_Q0 days from the date of Council approval of this tentative map, the developer shall submit for City' s approval the CC&R' s, grant of easements and maintenance standards and San Miguel Ranch Tentative Map Conditions of Approval Exhibit B February 18, 2000 Pa~e 41 of 42 responsibility of the MHOA's for the Open Space Areas within the Project area. Developer shall acknowledge that the MHOA's maintenance of public open space, trails, etc. may expose the City to liability. Developer agrees to establish a MHOA that will hold the City harmless from any negligence of the MHOA in the maintenance of such areas. (Engineering, Planning) 191. The Declaration of Covenants, Conditions and Restrictions (CC & R's) shall include provisions establishing a Home Owners Association (HOA) to assure maintenance of all open space areas and slopes which are not maintained by other means, streets, driveways, drainage and sewage systems which are private, and landscape and irrigation, walls and public street improvements which are not maintained by other means, all subject to approval of the City. The City of Chula Vista shall be named as party to said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. (Engineering, Parks, Planning, Public Works) 192. Designate as private and maintain by a Home Owner's Association all storm drain clean outs determined by the City to be in areas inaccessible for maintenance equipment. (Engineering, Public Works) 193. Prior to the approval of each Final Map, Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and approved by the City Engineer, Director of Planning and Building, and Director of Public Works. The CC&R's shall include the following obligations of the Master Homeowners Association: a. Maintain all the facilities and improvements within the open space lots offered for dedication to the City until acceptance of the open space lots for maintenance by the open space/Community Facilities District. b. A requirement that the MHOA shall maintain comprehensive general liability insurance against liability incident to ownership or use of the following areas: i. open space lots offered for dedication to the City until acceptance by the City, ii. all open space lots that shall remain private, iii. other Master Association property. c. 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. San Miguel Ranch Tentative Map Conditions of Approval Exhibit B Februar~ 18, 2000 Pa~e 42 of 42 d. The MHOA shall indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the MHOA. e. 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. f. 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. g. 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. h.TheCC&R'sshallincludeprovisionsassuringMHOAmembershipinanadvancenotice such as the USA Dig Alert Service in perpetuity. i. The CC&R's shall include provisions that provide City the right, but not the obligation, to enforce the CC&R provisions 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. (Engineering, Parks, Planning, Public Works) AFFORDABLE HOUSING 194. Prior to approval of the first Final Map, enter into an agreement with the City to the satisfaction of the Director of Community Development and the Director of Planning and Building, specifying the phasing of required affordable housing units in relation to ongoing development entitlemerits for the overall San Miguel Ranch project and guaranteeing the provision of those affordable housing units in accordance with the San Miguel Ranch Comprehensive Affordable Housing Program. (Planning, Community Development) H:\SHAREDXPLANNING\SmnmcI6.eb.wpd