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HomeMy WebLinkAboutReso 2001-269 RESOLUTION NO. 2001-269 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND ADDENDUM TO THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (FSEIR 01-01), FOR THE EASTLAKE III WOODS AND VISTAS REPLANNING PROGRAM, AND APPROVING AND ESTABLISHING CONDITIONS OF THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE III, CHULA VISTA TRACT 01-09 I. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit A-1 thru A-25, copies of which are on file in the Office of the City Clerk, incorporated herein by reference, and commonly known as EastLake III Tentative Subdivision Map, Chula Vista Tract 01-09; and for the purpose of general description herein consists of 748.3 acres located east of EastLake Business Center II and Salt Creek open space corridor, between Proctor Valley Road and the Olympic Training Center, within the EastLake Planned Community ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on April 30, 2001, The EastLake Company ("Developer") filed a tentative subdivision map with the Planning and Building Department of the City of Chula Vista requesting approval of the Tentative Subdivision Map for EastLake III, Chula Vista Tract 01-09 in order to subdivide the Project Site into 1,441 single-family lots and four (4) super lots with a capacity for 612 dwelling units; seven (7) open space lots (OS-1 through OS-7), one (1) park lot, two (2) school sites (PQ-1 and PQ-2), two(2) community purpose facility sites (CPF-1 and CPF-2); two (2) commercial sites (C-1 and C-2); and various special lots (i.e., slope lots) throughout the subdivision ("Project"); and C. Pr/or Discretionary Approval WHEREAS, the development of the Project Site has been the subject matter of various entitlements and agreements, including: 1) EastLake III General Development Plan (GDP); 2) EastLake III Sectional Planning Area (SPA) Plan; 3) EastLake III Design Guidelines; EastLake III Public Facilities Financing Plan, and EastLake Comprehensive Affordable Housing Program all approved by the City Council Resolution No. 2001-220 on July 17, 2001; and the EastLake III Planned Community District Regulations and Land Use Map approved by City Council Ordinance 2839 on July 24, 2001, and WHEREAS, the Planning Commission held an advertised public heating on the Project on July 25, 2001, and after hearing staff presentation and public testimony, voted (6-0-1) recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and D. Council Record of Applications Resolution 2001-269 -- Page 2 WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on August 14, 2001, to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the 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 ft. of the exterior boundary of the project, at least ten (10) days prior to the heating; and WHEREAS, the heating was held at the time and place as advertised, namely 6:00 p.m. August 14, 2001, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on July 25, 2001, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. PREVIOUS SEIR 01-01 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and certified FSEIR 01-01, EastLake III Woods and Vistas Replanning Program, and first addendum. IV. COMPLIANCE WITH CEQA The Environmental Review Coordinator has determined that any impacts associated with the proposed tentative subdivision map have been previously addressed by FSEIR 01-01, EastLake III Woods and Vistas Replanning Program, and first Addendum, and has, therefore, prepared a second addendum to said FSEIR. The Tentative Map is in substantial conformance with the conceptual tentative map and grading plans on which the FSEIR analysis was based and, therefore, approval and implementation of the Tentative Map does not change the basic conclusions of the FSEIR. The Addendum has been prepared in accordance with requirements of the California Environmental Quality Act, State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista. V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the Second Addendum to FSEIR 01-01 and EastLake III Woods and Vistas Replanning Program, reflects the independent judgment of the City Council of the City of Chula Vista and hereby adopts the second Addendum to FSEIR 01-01, EastLake Woods and Vistas Replanning Program. VI. TENTATIVE SUBDIVISION MAP FINDINGS Resolution 2001-269 Page 3 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 EastLake III, Chula Vita Tract No. 01-09, is in conformance with the elements of the City's General Plan, based on the following: 1. Land Use The EastLake III Sectional Planning Area (SPA) Plan provides for Low (0-3 du/ac), Low Medium (3-6 du/ac), Medium High (15 du/ac) and High (24 du/ac) residential densities as well as Commercial (C), Parks (P), Open Space (OS), Public Quasi-public support (PQ) and Community Purpose Facilities (CPF) land uses for 2,061 dwelling units. The proposed subdivision 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 EastLake III GDP and SPA, and since the GDP and SPA are in substantial conformance with the General Plan, the Tentative Map is also in substantial conformance with the General Plan. 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 EastLake IIII Public Facilities Financing Plan. The public streets within the Project will be sized as prescribed in the circulation element of the General Plan and designed per City design standards and/ or requirements, or modifications accepted by the City Engineer. The required and anticipated off-site improvements would be designed to handle this Project and future projects in the area. 3. Housing The Amended EastLake Comprehensive Affordable Housing Program has been adopted and incorporated into the EastLake III SPA Plan to ensure that a minimum often percent affordable housing is provided. A condition of approval requires the Developer to enter into an agreement with the City to ensure that the affordable housing units as prescribed in the affordable Housing Program are constructed and delivered as prescribed in the above-mentioned Affordable Housing Program. The EastLake subdivision also provides a mix of housing types and lot sizes for single family, townhomes, and condominiums at various densities for persons of various income levels. 4. Conservation The Environmental Impact Report FSEIR 01-01 and second Addendum addresses 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 Resolution 2001-269 Page 4 In fulfillment of its obligation to provide 18.9 acres of parkland, the developer will provide a 13.5-acre neighborhood park within the Vistas neighborhood and pay in-lieu fees for 5.4 acres. In addition, a 2.4-acre private park will also be provided within the Woods neighborhood. The Citywide greenbelt trail, as prescribed in the City's General Plan diagram, will be incorporated along the eastern side of the Salt Creek open space corridor and the eastern edge of the Vistas and Woods neighborhoods. 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. 7. Safety The Fire Department and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets the City Threshold Standards for emergency services. 8. Noise Noise mitigation measures included in the Environmental Impact Report FSEIR 01-01 and First and Second Addendum adequately address the noise policy of the General Plan. The project has been conditioned to require that all dwelling units be designed to preclude interior noise levels of 45 dBA and exterior noise exposure over 65 dBA for all outside private patio areas. 9. Scenic Highway The project site is located adjacent to designated scenic highways (Olympic Parkway and Otay Lakes Road). The project will be developed in compliance with Section 8 of the Land Use Element of the Chula Vista General Plan. 10. Bicycle Routes Although no designated regional off-street bicycle routes are included as components of the internal circulation network, bicyclists will be readily able to share the internal streets with motor vehicles due to low traffic volume and limited speeds allowed. Bicycle route segments to connect to regional systems have been incorporated as prescribed by the Circulation Element of the General Plan. On-street bike lanes are included on the adjacent arterial highways. The bike lanes will be paved components of the street systems indicated. 11. Public Buildings No public buildings are proposed on the project site. The project is subject to RCT fees prior to issuance of building permits. Resolution 2001-269 Page 5 B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this proposal 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 suited for residential development and the proposal conforms to all standards established by the City for such project. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extend to the impact created by the proposed development. BE IT FURTHER RESOSLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. VII. GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract 01-09 and FSEIR 01-01 and first and second Addendum, except as modified by this Resolution. B. Implement Mitigation Measures Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Subsequent Environmental Impact Report, EastLake III, FSEIR 01-01 and first and second Addendum. Any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the satisfaction of the Director of Planning and Building. Mitigation Measures shall be monitored via the Mitigation Monitoring Program approved in conjunction with the FSEIR and Addendum. Modification of the sequence shall be at the discretion of the Director of Planning and Building should changes in the circumstances warrant such revision. C. Implement Public Facilities Financing Plan Developer shall install public facilities in accordance with the EastLake III Public Facilities Financing Plan, as amended or as required by the City Engineer, to meet the threshold standards adopted by the City of Chula Vista. The City Engineer and Planning and Building Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. D. Design Approval Resolution 2001-269 Page 6 The Developer shall develop the lots in accordance with the EastLake III Planned Community District Regulations and Design Guidelines and all single-family planning areas lots less than 7,000 sq. ft. and multi-family, commercial and public/quasi-public projects shall be submitted for review and approval under the City's Design Review process prior to submittal for building permits. VIII. SPECIAL CONDITIONS OF APPROVAL Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's satisfaction prior to approval of each final map. GENERAL/PRELIMINARY 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the property. (Engineering, Planning and Building) 2. Developer shall, comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Map, of: 1) EastLake III General Development Plan (GDP); 2) EastLake III Sectional Planning Area (SPA) Plan; 3) EastLake III Design Guidelines; 4) EastLake III Public Facilities Financing Plan; and 5) EastLake Comprehensive Affordable Housing Program all approved by the City Council on July 17, 2001, by Resolution No. 2001-220, and the EastLake III Planned Community District Regulation and Land Use Map approved by City Council Ordinance No. 2839 on July 24, 2001. The Developer shall 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 to comply with the above regulatory documents. Said Agreement shall also ensure that, after approval of the final map, the developer will continue to comply, remain in compliance, and implement such Plans. (Planning and Building) 3. In the event of a filing of a final map, which requires over-sizing of the improvements necessary to serve other properties, said final map shall be required to include the installation of all necessary improvements to serve the project, plus the necessary improvements for over-sizing of facilities required to serve such other properties. At the request of Developer, City shall consider formation of a reimbursement district or any other reimbursement mechanism in accordance with the restrictions of State Law and City ordinances. (Engineering) 4. 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, he 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 issuance of grading and/or construction permit, the Developer shall acknowledge in writing that subsequent submittals (i.e., final map, improvement plans) may require extensive Resolution 2001-269 Page 7 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) 5. 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, and 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; and institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified ten (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. (Engineering, Planning and Building) 6. Prior to approval of each final map, Developer shall agree to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including Attorney's fees, arising from challenges to the Environmental Impact Report for the Project, and any or all entitlements and approvals issued by the City in connection with the Project. (Engineering, Environmental, Planning and Building) 7. Any and all agreements that the Developer is required to enter into hereunder shall be in a form approved by the City Attorney. (City Attorney) 8. Prior to approval of any final map proposing the creation of a Multi-family housing for Planning Areas VR-9, VR-10, VR-11, or VR-12 as a condominium project, community apartment project, or stock cooperative, as defined in the applicable sections of the Government Code, Developer shall agree to process a subsequent tentative map for said proposed condominium, community apartment, or stock cooperative project in said Planning Area. (Engineering) 9. The subsequent development of a multiple-family lot, which does not require the filing of a subsequent final map, shall meet, prior to issuance of a building permit for that lot, all the applicable conditions of approval of the tentative map, as determined by the City Engineer and Director of Planning and Building. (Planning and Building, Engineering) 10. Unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required, the Developer shall be required to provide subordination of any prior lien holders in order to ensure that the City has a first priority interest in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. ENVIRONMENTAL/PRESERVATION 11. Prior to approval of each final map, the Developer shall enter into a supplemental subdivision agreement to implement, to the satisfaction of the Director of Planning and Resolution 2001-269 Page 8 Building, all applicable mitigation measures identified in FSEIR-01-01, and first and second Addendum, the CEQA Findings of Fact and the Mitigation Monitoring and Reporting Program for the EastLake III 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. If any permits are required to be obtained by Developer as set forth herein, Developer shall obtain said permits with applicable agencies in consultation with the City. (Engineering/Planning) 12. Implement, or cause the implementation of all mitigation measures pertaining the to the Project identified in the Final Subsequent Environmental Impact Report and first and second Addendum for EastLake III (FSEIR 01-01). Any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the satisfaction of the Director of Plarming and Building. Mitigation Measures shall be monitored via the Mitigation Monitoring and Reporting Program approved in conjtmction with FSEIR-01-01 and first Addendum. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in the circumstances warrant such revision. (Planning and Building). 13. The Developer shall comply with all applicable requirements of the California Department of Fish and Game, the U.S. Department of Fish & Wildlife and the U.S. Army Corp of Engineers. (Planning) 14. Prior to issuance of a grading permit or the cutting or removal of natural vegetation, which ever comes first, the project Applicant shall obtain approval of a detailed mitigation plan and obtain all necessary permits for the take of coastal sage scrub. 15. Prior to issuance of a grading permit, preparation and approval of a detailed mitigation plan for non-native grassland shall be required. Prior to issuance of a grading permit or cleating and grubbing permit whichever comes first, the project Applicant shall obtain all necessary permits for the take of non-native grassland. 16. Prior to issuance of a grading permit, the exact location and size of the wetland restoration area shall be determined and a wetland restoration plan shall be prepared and approved in conjunction with the 404 and 1603 permitting process. Prior to issuance of a grading permit, the Applicant shall obtain a Section 404 permit from U.S. Army Corps of Engineers, a standard or conditional 401 Certificate from the Regional Water Quality Control Board and a Streambed Alteration Agreement from the California Department of Fish & Game (Section 1603) for impacts to wetlands and non-wetland jurisdictional waters of the U.S. both on-site and off-site. 17. Prior to issuance of a grading permit, preparation and approval of a detailed mitigation plan for impacts to Otay tarplants shall be required. Prior to issuance of a grading permit or clearing and grubbing permit, whichever comes first, the project Applicant shall obtain all necessary permits for the take of Otay tarplants. Resolution 2001-269 Page 9 SUBDIVISION DESIGN 18. Install all street trees in accordance with Section 18.32.10 of the Chula Vista Municipal Code, the City's Landscape Manual and approved cross-sections in the EastLake III SPA plan; or as otherwise approved by the Director of Parks and Recreation and Director of Public Works. Developer agrees to provide any and all special installation conditions as requested by the Director of Parks and Recreation for those trees identified in the SPA as having special installation conditions. Street trees shall be shown on street landscape and irrigation plans submitted for approval by the Director of Parks and Recreation 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. Location of trees and planters shall be contingent upon the location of street signs. Under no cimumstance shall a tree or shrub block the visibility of any street sign, regulatory, warning or guide traffic signs. (Public Works, Parks and Recreation) 19. Prior to the issuance of each rough grading permit proposing to grade individual lots and streets for the Project, submit a study showing that all curb returns for any intersection in excess of 4% grade, located within the permit boundaries, and all driveways, comply with ADA standards at the front and back of sidewalks to the satisfaction of the City Engineer. (Engineering) STREETS, RIGHTS-OF-WAY AND PUBLIC IMPROVEMENTS 20. Provide security in accordance with chapter 18.16 of the Municipal Code, dedicate, and construct full street improvements for all public streets shown on the Tentative Map within the subdivision boundary or off-site, as deemed necessary by the City Engineer to provide service to the subject subdivision, in accordance with Chula Vista Design Standards, Chula Vista Streets Standards, Chula Vista Subdivision Manual, and approved Tentative Map, unless otherwise approved by the City Engineer. Said street improvements shall include, but not limited to, asphalt concrete pavement, base, curb, gutter and sidewalk, sewer, drainage facilities, street lights, traffic signals, signs, stripping, fire hydrants and transitions to existing improvements in the manner required by the City Engineer. If improvement plans have been approved by the City, the amount of the security for the above noted improvements shall be 110% of the construction cost estimate approved by the City Engineer. If improvement plans are being processed, 150% of approved cost estimate. Or, if improvement plans are not being processed by the City, 200% of construction cost estimate approved by the City Engineer. A lesser percentage may be required if it is demonstrated, to the satisfaction of the City Engineer, that sufficient data or other information is available to warrant such reduction. (Engineering) 21. Prior to approval of the final map or issuance of the building permit that triggers the Cumulative DUs, or approval of the first final map or issuance of a building permit for a specific Planning Area as defined in the following Table "A", whichever occurs first the Developer shall construct and secure, in accordance with Section 18.16.220 of the Chula Resolution 2001-269 Page 10 Vista Municipal Code, full street improvements, or remaining street improvements outlined in the following table: Table "A" - Public Facilities Required to be Constructed by EastLake III Facilit~ Street Name Description Cumulative DU's Planning Area 1 a Otay Lakes From Hunte Pkwy to With the first final map PQ- 1 Road Woods Drive containing the 1st DU within the Woods lb Otay Lakes From Hunte Pkwy to With the first final map VR-5 Road Lake Crest Drive containing the 1st DU within the Vistas 4 Olympic From State Route-125 With the first £mal map Not Applicable Parkway (SR-125) to Hunte containing the 1st DU Pkwy. (6 lanes) within the Woods and/or Vistas 5 Lake Crest From Olympic Pkwy to With the final map VR-1, VR-2, Drive Otay Lakes Road containing the 1034t~ DUs VR-3, VR-11 within the Vistas 6 Stone Gate From Hunte Pkwy to With the first final map WR-4, WR-5, Drive Duncan Ranch Rd. containing the 1st DU PQ-1, PQ-2 within the Woods 7 Dtmcan Ranch From RHR boundary to With final map containing WR-5, PQ-2 Road Stone Gate Drive the 604th DU within the Woods 8 Hawthome From Stone Gate Drive With the final map WR-4, PQ-1 Creek Drive to Otay Lakes Road containing the 524t~ DU within the Woods 9 Olympic Vista From Olympic Pkwy to With the final map VR-3, VR-9, Road Lakes Crest Drive containing the 715th DU's VR-4, VR-10, within the Vistas VR-8, VR-11, 10 Woods Drive From Otay Lakes Road With the final map WR-1, WR-2, to Proctor Valley Road containing the 453~d DU WR-3 within the Woods 11 Otay Lakes From East "H" St. to With the final map Not Applicable Road Telegraph Canyon Rd. containing the 1259th DUs (widen to 6 lanes) total of both the Woods & Vistas if SR- 125 has not been constructed a. Facility No. 1 a Construct Otay Lakes Road from Hunte Parkway to Woods Drive to the designed full- width six-lane Prime Arterial street improvements, per the cross-section shown on the Tentative Map. Resolution 2001-269 Page 11 b. Facility No. lb Construct Otay Lakes Road from Hunte Parkway to Lake Crest Drive as a 6-lane Prime Arterial, per the cross-section shown on the Tentative Map, and provide adequate transition between the Vistas western boundary to the Vistas entrance, as approved by the City Engineer. c. Facility No. 4 Construct Olympic Parkway from SR-125 to Hunte Parkway as a 6-lane Prime Arterial to the satisfaction of the City Engineer. d. Facility No. 5 Construct the full-width street improvement for the Lake Crest Drive connector between Olympic Parkway and Otay Lakes Road, per the cross-section shown on the Tentative Map. e. Facility No. 6 Construct the full-width street improvement for the Stone Gate Drive connector between Hunte Parkway and Duncan Ranch Road, per the cross-section shown on the Tentative Map. f. Facility No. 7 Construct the full-width street improvement for Duncan Ranch Road between Rolling Hills Ranch Neighborhood 8, southerly boundary and Stone Gate Drive, per the cross- section shown on the Tentative Map. g. Facility No. 8 Construct the full-width street improvement for the Hawthorne Creek Drive connector between Stone Gate Drive and Otay Lakes Road, per the cross-section shown on the Tentative Map. h. Facility No. 9 Construct the full-width street improvement for the Olympic Vista Road connector between Olympic Parkway and Lake Crest Drive per the cross-section shown on the Tentative Map. i. Facility No. 10 Construct the full-width street improvement for the Woods Drive connector between Otay Lakes Road and Proctor Valley Road, per the cross-section shown on the Tentative Map. Resolution 2001-269 -- Page 12 j. Facility No. 11 Widen Otay Lakes Road from East 'H' Street to Telegraph Canyon Road to 6-lane Prime Arterial with the final map containing the 1259th dwelling unit (total of both the Woods and Vistas), or construct intersection improvements on Otay Lakes Road, East 'H' Street and Otay Lakes Road and Telegraph Canyon Road to the satisfaction of the City Engineer, which provides additional capacity if SR-125 has not been constructed. (Engineering) 22. Prior to approval of each final map, the Engineer-of-Work shall submit and obtain approval by the City Engineer of a waiver request for all subdivision design items not conforming to adopted City standards. The Engineer-of-work request shall outline the requested subdivision design deviations from adopted City standards and state that in his/her professional opinion, no safety issues will be compromised. The waiver is subject to approval by the City Engineer in the City Engineer' sole discretion. (Engineering) 23. Design all street vertical and horizontal curves and intersection sight distances to conform to the CalTrans' Highway Design Manual. All streets, which intersect other streets at or near a horizontal or vertical curve, shall meet intersection design sight distance requirements in accordance with City Standards. Sight visibility easements shall be granted as necessary to comply with the requirements in the CalTrans Highway Design Manual and City of Chula Vista Policies. When a conflict between the CalTrans _ Highway Design Manual and adopted City policies exists, the adopted City Policies shall prevail. Lighted sag vertical curves will be permitted at intersections per AASHTO standards and with approval of the City Engineer. (Engineering) 24. Construct sidewalks and pedestrian ramps on all walkways to comply with the "Americans with Disabilities Act" (ADA) standards, as approved by the City Engineer. In the event the Federal Government adopts new ADA standards for street rights-of-way, which are in conflict with the standards and approvals for the Project, all such approvals conflicting with those new standards shall be updated to reflect the new standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by federal regulations, once construction has commenced. (Engineering) 25. Prior to approval of each final map; acquire and then grant to the City all off-site rights-of-way and easements necessary for the installation of required street improvements and/or utilities. (Engineering) 26. Notify the City, at least 60 days prior to consideration of the approval of the applicable final map by City Council, 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 the developer shall: a. Pay the full cost of acquiring off-site right-of-way or easements required by the Conditions of Approval of the Tentative Map. Resolution 2001-269 Page 13 b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. Said estimate is subject to the approval of the City Engineer. c. Have all right-of-way and/or easement documents and plats prepared and appraisals complete, as necessary to commence condemnation proceeding, and as determined by the City Engineer. d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements, or licenses needed for off-site improvements, or work related to the final map. The Developer shall pay all costs, both direct and indirect, incurred in said acquisition. Items a, b, and c above shall be accomplished prior to the approval of the applicable final map. (Engineering) 27. Prior to approval of the first final map for the project, the Developer shall enter into an agreement with the City of Chula Vista, to rrm with the entire land contained within the Project, wherein the Developer acknowledges and agrees that, prior to the construction of SR-125, the City shall stop issuing new building permits for EastLake III when the City, in its sole direction, determines that either: a. Building permits for a total 9,429 dwelling units have been issued for projects east of 1-805 (the start date for counting the 9,429 dwelling units is January 1, 2000); or, b. An alternative measure is selected by the City in accordance with the City of Chula Vista Growth Management Ordinance. Developer shall also acknowledge and agree that notwithstanding the foregoing thresholds, the City may issue building permits if the City decides, in its sole discretion, that any of the following has occurred: 1) traffic studies demonstrate, to the satisfaction of the City Engineer, that the circulation system has additional capacity without exceeding the GMOC traffic threshold standards; 2) other improvements are constructed which provide additional capacity; or 3) the City selects an alternative method of implementing the GMOC standards. These traffic studies would not require additional environmental review under CEQA; however, any improvements proposed in these traffic studies would be subject to additional environmental reviews as required. 28. Prior to approval of the final map that triggers the installation of the street improvements listed below, the Developer shall construct and secure a fully activated traffic signal including interconnected wiring at the following intersections: a. Hunte Parkway and Stone Gate Drive b. Otay Lakes Road and Woods Drive c. Otay Lakes Road and Lake Crest Drive Resolution 2001-269 - Page 14 d. Otay Lakes Road and Wueste Road The Developer shall fully design the aforementioned traffic signals in conjunction with the improvement plans for the related streets, and shall install underground improvements, standards and luminaries in conjunction with the construction of the applicable street improvements. In addition, the Developer shall install mast arm, signal heads, signal interconnect cable, and associated equipment when traffic signals warrant as determined by the City Engineer. (Engineering) 29. Prior to approval off 1) the final map containing the 1,341st cumulative dwelling unit in the Vistas neighborhood, or 2) the first final map in the planning area VR-1, within the Vistas Neighborhood, which ever occurs first, the Developer shall construct and secure the construction of the southerly one-half of Otay Lakes Road, between Lake Crest Drive and Wueste Road to 6-lane Prime Arterial standard. This requirement shall also include constructing the necessary improvements for connecting Wueste Road to the proposed Otay Lakes Road improvements to the satisfaction of the City Engineer. The schedule for constructing these improvements shall be approved or determined by the City Engineer, prior to approval of the aforementioned final map. Developer shall provide security guaranteeing the construction of the aforementioned improvements in the form of cash or any other form approved by the City Engineer, at his/her sole discretion. City Engineer may waive or modify this condition, at his/her sole discretion, based on other health and safety concerns. (Engineering) _ 30. Prior to approval of the final map containing the 547th cumulative dwelling unit within the Woods neighborhood, the Developer shall do the following: a. Pay for the construction of Proctor Valley Road improvements, as a four-lane major road, along the frontage of the Project, extending from the westerly subdivision boundary to Northwoods Drive. b. City may use Developer's money, as the City may deem appropriate, to acquire completed portions, and/or pay directly for the construction of the Proctor Valley Road improvements. 31. Prior to issuance of the first building permit for the Commemial Tourist (C-2) site, unless otherwise required by the City Engineer, the Developer shall construct and secure full traffic signal improvements at the intersection of Olympic Parkway and the entrances to the Comanercial Tourist (C-2) site where pedestrian crossing shall be prohibited, to the satisfaction of the City Engineer. (Engineering) 32. Prior to approval of the final map, which triggers the construction of Facility 9 (Olympic Vista Road) within the Vistas Neighborhood, as set forth in Table "A," the Developer shall construct and secure the following improvements to the satisfaction of the City Engineer: a. All necessary improvements in Olympic Parkway for providing left turn access into Facility 9 (Olympic Vista Road). This requirement shall also include, but is - Resolution 2001-269 Page 15 not limited to, any required modification to the existing median, storm drainage system, streetlights, landscaping, and irrigation improvements. b. Full traffic signal improvements at the intersection of Olympic Parkway and Facility 9 (Olympic Vista Road). c. Stripping and signage for pedestrian and vehicular traffic. (Engineering) 33. Prior to approval of the final map, which triggers the construction of Facility 5 (Lake Crest Drive) within the Vistas Neighborhood, as set forth in the PFFP, Developer shall accomplish the following to the satisfaction of the City Engineer: a. Construct and secure all improvements including, but not limited to, asphalt concrete pavement, curb, gutters, stripping, signage, storm drains, landscaping, connection to existing improvements, and removal of any existing improvements required for constructing the two proposed intersections of Olympic Parkway and Wueste Road. b. Construct and secure the construction of full traffic signal improvements and appropriate stripping and signage at the following locations: i. Intersection of Olympic Parkway, the entrances to the Olympic Training Center and Commercial Retail (C-1) site. ii. Both intersections of Olympic Parkway and Wueste Road. c. Developer shall obtain the City Engineer's approval of traffic signals plans for said intersections, and shall install underground improvements, including signal intemonnect cable, traffic signal standards, and luminaries concurrent with the construction of Facility 5 (Lake Crest Drive). In addition, mast arms, signal heads, and associated equipment shall be installed when the traffic signal is warranted, as determined by the City Engineer. (Engineering) d. Submit a request for changing the name of Wueste Road, in order to provide distinct names for the two proposed intersections with Olympic Parkway, unless otherwise directed by the City Engineer. Developer shall prepare all the necessary documents and provide for all costs involve in processing said street name change. 34. Prior to approval of the first building permit for the construction of the Commercial Retail (C-I) site, the Developer shall construct and secure the following improvements to the satisfaction of the City Engineer: a. All necessary improvements on Olympic Parkway for a left turn ingress to the Commercial Retail (C-l) site. This requirement shall also include, hut is not limited to, any required modification to the existing median, storm drainage system, streetlights, and irrigation improvements. Resolution 2001-269 -- Page 16 b. Full traffic signal improvements at the intersection of Olympic Parkway, the entrances to the Olympic Training Center and Olympic Parkway and the Commercial Retail (C-l) site. c. Stripping and signage for pedestrian and vehicular traffic at the entrance to said Commercial Retail (C-l) site to the satisfaction of the City Engineer. (Engineering) 35. Prior to approval of the first final map for the Project, Developer shall construct and secure, to the satisfaction of the City Engineer, the following improvements: a. All necessary improvements on Hunte Parkway to provide a left turn ingress lane to the elementary school site. This requirement shall also include, but is not limited to, any required modification to the existing median, storm drainage system, streetlights, and irrigation improvements. Left turn egress from the elementary school, as well pedestrian crossing in Hunte Parkway shall be prohibited. b. Traffic signal improvements for a left rum vehicular ingress lane to the elementary school site. c. Construction of an exclusive 12-foot wide right turn-lane for vehicular access into _ the elementary school site. Said right turn-lane shall be a minimum of 40 feet long, in addition to the appropriate transition length acquired by the City Engineer. (Engineering) 36. Include in the applicable grading/improvement plans, to the satisfaction of the City Engineer, all the grading and improvements required for a 5-foot bike lane at both sides of the following roadways. These bike lanes shall be extended to the first street intersection within the subdivision as determined by the City Engineer: (Engineering) a. Proctor Valley Road and Northwoods Drive b. Otay Lakes Road and Woods Drive c. Otay Lakes Road and Lake Crest Drive d. Hunte Parkway and Stone Gate Drive e. Olympic Parkway and Olympic Vista Road 37. Grant on the applicable Final maps sight visibility easements to the City of Chula Vista for comer lots, as required by the City Engineer, to keep sight visibility areas clear of any obstructions. Sight visibility easements shall be shown on grading plans, improvement plans, and final maps to the satisfaction of the City Engineer. (Engineering) 38. Design landscape and irrigation plans such that street tree placement is not in conflict -- with the sight visibility of any traffic signage. The Developer shall be responsible for the Resolution 2001-269 Page 17 removal of any obstructions within the sight visibility of said traffic signs to the satisfaction of the City Engineer. (Engineering) 39. Prior to issuance of any grading permit proposing the creation of down slopes adjacent to public or private streets, the Developer shall accomplish the following: a. Obtain the City Engineer's approval of a roadside study to determine the necessity of providing guardrail improvements at those locations. b. Construct and secure any required guardrail improvements in conjunction with the associated grading and/or construction permit, as determined by the City Engineer. Guardrail shall be installed per CalTrans Traffic Manual and Roadside Design Guide requirements to the satisfaction of the City Engineer. (Engineering) 40. Construct traffic signal interconnect conduit and all appropriate wiring for all proposed signalized intersections to the satisfaction of the City Engineer. (Engineering) 41. Prior to approval of each final map, Developer shall agree to install permanent street name signs prior to the issuance of the first building permit for the applicable final map. (Engineering) 42. Construct and secure the installation of ten nine permanent traffic count stations as indicated below: Traffic count station Construct and secure construction General location prior to approval of Hunte Parkway North of Otay First final map for the Lakes Road (1 count station) Woods neighborhood Otay Lakes Road (3 count stations) Final map that triggers construction of Otay Lakes Road Hunte Parkway South of Otay First final map for the Vistas Lakes Road (1 count station) neighborhood Olympic Parkway (3 count stations) First final map for the Vistas neighborhood Wueste Road (1 count station) First final map for the Vistas neighborhood The traffic count stations shall be installed at specific locations determined by the City Engineer during processing of the applicable improvement plans. (Engineering) 43. Prior to approval of the first final map or first construction permit for any property in the Woods East, whichever occurs earlier, Developer shall obtain the approval of the City Engineer and Director of Planning and Building of a design for the proposed beveled curbs. 44. Prior to approval of the first final map for the Vistas, the Developer shall construct and secure, in accordance with City standards, all sewer and drainage improvements in Resolution 2001-269 Page 18 Olympic Parkway required to provide service to the Project. This requirement shall include, but not be limited to, any required modifications to the existing sewer and storm drainage facilities. 45. Include in the first construction permit for Planning Area WR-6, all the grading and improvements necessary to construct the proposed neighborhood emergency access along Otay Lakes Road to the satisfaction of the City Engineer, Fire Chief, and Director of Parks and Recreation. 46. Maintenance responsibility of street trees within the Project shall be as follows: a. Developer shall grant to the City a 10-foot street tree planting and maintenance easement at the back of the sidewalk for non-monolithic curb, gutter and sidewalk sections where parkways are less than 7 feet. b. Where street trees are planted between curb and gutter, and the sidewalk (within a parkway) no additional street tree easement will be accepted, nor will the City maintain trees planted in area on the side of sidewalk furthest from the roadway. c. Private streets: All street trees shall be privately maintained. GRAD1NG AND DRAINAGE 47. Prior to approval of mass grading plans, submit hydrology and hydraulic studies, and calculations demonstrating the adequacy of downstream drainage structures, pipes and inlets. (Engineering) 48. Provide graded vehicle access to all storm drain clean-outs, or other access solution approved by the City Engineer. Storm drain clean-outs shall not be located on slopes or inaccessible areas for maintenance equipment, and shall be designed to the satisfaction of the City Engineer. (Engineering) 49. 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) 50. Prior to approval of grading plans, demonstrate the adequacy of existing drainage runoff detention facilities or include, in the grading plans, the construction of additional detention facilities, to ensure 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 Master Home Owners Association, or other funding mechanism as approved by the City. (Engineering) 51. Construct a protective fencing system around all proposed permanent detention basins, and the inlets and outlets of storm drain structures, as and when directed by the City Engineer. The final fencing design and types of construction materials shall be subject to Resolution 2001-269 Page 19 approval by the City Engineer and Director of Parks and Recreation. (Engineering, Parks and Recreation) 52. Construct energy dissipaters at all storm drain outlets, as required by the City Engineer to maintain non-erosive flow velocities. (Engineering) 53. Submit to and obtain approval from the City Engineer and Director of Parks and Recreation of an erosion and sedimentation control plan as part of grading plans. (Engineering, Parks and Recreation)) 54. 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 and Building) 55. Design and construct all grading and pad elevations to be within 3 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 and Building) 56. Obtain and submit to City staff notarized letters of permission for all off-site grading work prior to issuance of grading permit for work requiring said off-site grading. (Engineering) 57. All private storm drains from the business center shall connect into the public storm drain system at a structure such as a cleanout or catch basin. 58. Prior to approval of each final map, submit a list of proposed lots indicating whether the house structure will be located on fill, cut, or a transition between the two situations. (Engineering) 59. Design and construct all public storm drains as close to perpendicular to the slope contours as possible, but in no case greater than 15 degrees from perpendicular to the contours. (Engineering) 60. Provide a minimum of three (3) feet of flat ground access from the face of any wall to the beginning of the slope rounding for wall maintenance, unless otherwise approved for HOA slopes by the City Engineer. (Engineering) 61. Provide a setback, as determined by the City Engineer based on Soil Engineer recommendations, between the property lines of the proposed lots and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped property or property owned by others. The City Engineer shall not approve the creation of any lot that does not meet the required setback. (Engineering) 62. Design and construct the inclination of each cut or fill surface, resulting in a slope, to not be steeper than 2:1 (two horizontal to one vertical), except for minor slopes as herein defined. All constructed minor slopes shall be designed for proper stability considering Resolution 2001-269 - Page 20 both geological and soil properties. A minor slope may be constructed no steeper than one and one-half horizontal to one vertical (1.5:1) contingent upon: a. Submittal and approval of reports by both a soils engineer and a certified engineering geologist containing the results of surface and sub-surface exploration, and analysis. These results should be sufficient for the soils engineer and engineering geologist to certify that in their professional opinion, the underlying bedrock and soil supporting the slope have strength characteristics sufficient to provide a stable slope and will not pose a danger to persons of property. b. The installation of an approved slope planting program and irrigation system. c. "Minor Slope" is defined as a slope four (4) feet or less in vertical dimension in either cut or fills, between single-family lots and not parallel to any roadway. (Engineering) 63. Prior to issuance of grading permits or any other grant of approval for any landform modification, the Developer shall delineate areas of native vegetation to remain undisturbed based on adopted grading plans. (Environmental) 64. Construct temporary desilting basins at all discharge points adjacent to drainage courses _ or where substantial drainage alteration is proposed in the grading plan. The exact design and location of such facilities shall be based on hydrological modeling, and determined pursuant to direction by the City Engineer. (Engineering) 65. Prior to issuance of a grading permit for any area of the Project (including off-site areas) draining toward the Upper or Lower Otay Reservoirs, developer shall accomplish the following: a. Obtain the approval of the City of Chula Vista and all other applicable agencies for any proposed structural drainage rtmoff detention and/or diversion facilities within the Otay Lakes Watershed. b. Obtain the approval of the City of Chula Vista and all other applicable agencies of all operational and maintenance agreements associated with any proposed structural drainage runoff detention and/or diversion facilities within the Otay Lakes Watershed. (Engineering) 66. Prior to approval of any grading permit or any other grant of approval for constructing the proposed detention basins in the Woods, the Developer shall demonstrate that the design of the Woods detention basin would reduce the 5, 10, 25, 50 and 100-year post- development peak flows, to an amount not exceeding pre-development conditions. (Engineering) 67. Provide a minimum of 6-inch thick PCC (reinforced with #4 BAR ~ 18" on center each way) designed for H-20 loading and heavy broom finish for those access roads to the - detention basins with grades of 10% or greater. All other detention basin access roads Resolution 2001-269 Page 21 must be asphalt concrete designed to carry H-20 loading. In addition, maintenance pads adjacent to the inlet structures shall be a minimum of 6-inch PCC (reinforced with #4 bar ~ 18" on center each way) designed for H-20 loading with a heavy broom finish. (Engineering) 68. In order to avoid indirect impacts on the Otay Tarplant Preserve, Preserve lands, Salt Creek wetlands and Otay Lakes, fertilizers, herbicides and pesticides shall not be applied to the manufactured slopes along the eastern periphery of the Woods and Vistas parcels that drain to Otay Lakes, or to the manufactured slopes immediately adjacent to Salt Creek. In addition, potable water shall be used for irrigation on the manufactured slopes along the eastern periphery of the Woods and Vistas parcels that drain to Otay Lakes. (Environmental) 69. Prior to the issuance of any grading permit for the Woods or Vistas, demonstrate to the satisfaction of the City Engineer, that proposed storm drain discharge does not exceed pre-development discharge. (Engineering) 70. Prior to acceptance of the two Woods detention basins and release of the grading bond by the City, Developer shall obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency revising the current National Flood Insurance Program Maps of the Salt Creek Channel to reflect the effect of the Salt Creek drainage improvements. (Engineering) 71. Prior to the approval of the first final map for the Project, the Developer shall agree not to protest the formation of a financing district or any other funding mechanism as approved by the City for the maintenance of the entire Salt Creek drainage basin. The Developer shall agree to finance the formation of such a district on a fair share basis. 72. Prior to issuance of grading permits, Developer shall demonstrate that the grading plans are in substantial compliance with the grading outlined in the Tentative Map. (Engineering, Planning and Building) 73. Include in the first grading plan proposing to grade the elementary school site all the grading and improvements necessary to construct the following: a. Pedestrian safety fence and/or any other safety feature along the existing Salt Creek Sewer Interceptor maintenance access road within the Woods Neighborhood, as required by the City Engineer. The fence details, specifications and installation shall be approved by the City Engineer and the Director of Parks and Recreation. b. Locking devices for the existing Salt Creek Sewer Interceptor manholes, as determined by the City Engineer. c. Relocation of the Salt Creek Sewer Interceptor, as depicted on the Tentative Map. The access road for said sewer shall have a minimum width of 16 feet and shall be paved with asphalt concrete 12 feet wide within the easement. The structural section of the access road shall be designed to accommodate H-20 loading with Resolution 2001-269 -- Page 22 asphalt depth of 3-inches minimum. The access road does not have to be centered in the easement but the 12-foot paved section shall be centered on the access points (Manholes). Developer shall not receive DIF credit for this work. 74. Prior to approval of the first final map for the Project or issuance of the first grading permit for the construction of the proposed naturalized channel and/or detention basins in Salt Creek, whichever occurs earlier, developer shall accomplish the following: a. Prepare a maintenance program of all the proposed drainage and water quality treatment facilities in Salt Creek, including, but not limited to, naturalized channel, wetlands restoration areas, detention basins, and water quality treatment facilities. The maintenance program shall include, but not be limited to: a) a manual describing the operation and maintenance of the drainage and water quality treatment facilities; b) an estimate of the cost of such operation and maintenance activities; and c) a funding mechanism for financing the maintenance program. Said maintenance program shall be subject to approval by the City Engineer, Director of Planning and Building, and the Director of Parks and Recreation. The Developer shall be responsible for obtaining the approval of the maintenance program from all applicable federal and state agencies. b. Enter into an agreement with the City of Chula Vista and the applicable resource agencies wherein the Developer agrees to implement the maintenance program. _ c. Enter into an agreement with the City of Chula Vista, wherein Developer agrees to the following: i. Provide for the maintenance of all proposed drainage and water quality treatment facilities in Salt Creek, including, but not limited to, the naturalized drainage channel, wetlands restoration areas as allowed by the resource agencies, detention basins, and water quality treatment facilities until the latter to occur of maintenance of such facilities is assumed by the City, open space district, or HOA, or the City determines all erosion protection plantings are adequately established. ii. Developer shall provide security, satisfactory to the City Engineer, guaranteeing the performance of the aforementioned maintenance obligations. (Engineering) 75. Prior to approval of the first final map or issuance of the first grading permit for the Project, Developer shall enter into an agreement with the City of Chula Vista, wherein Developer agrees to the following: a. Provide for the removal of siltation attributable to the Project for: 1) all proposed drainage and water quality treatment facilities in Salt Creek, including, but not limited to, the naturalized drainage channel, wetlands restoration areas as allowed by the resource agencies, detention basins, water quality treatment facilities and any future facility constructed by the EastLake Trails project, and 2) all existing drainage and water quality treatment facilities in Salt Creek, including but not - limited to the detention basin and wetland restoration area in EastLake Trails as Resolution 2001-269 Page 23 allowed by the resource agencies tmtil all upstream grading of the area contained within the Project is completed and all erosion protection planting is adequately established as determined by the City Engineer, Director of Planning and Building and the Director of Parks and Recreation. b. Provide for the removal of siltation for all proposed drainage and water quality treatment facilities in Salt Creek, including, but not limited to, the naturalized drainage channel, wetlands restoration areas as allowed by the resource agencies, detention basins and water quality treatment facilities, attributable to the Project, for a minimum period of 5 years after maintenance of such facility is accepted by the City or an Open Space District. c. Developer shall provide security, satisfactory to the City Engineer, guaranteeing the performance of the aforementioned siltation removal obligations. (Engineering) 76. The Development shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA), as set forth in the National Pollutant Discharge Elimination System (NPDES), permit requirements for urban runoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista, pursuant to the NPDES regulations or requirements. Further, the Developer shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The developer shall comply with all the provisions of the NPDES and the Clean Water Program during and after all phases of the development process, including, but not limited to, mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Developer shall design the Project storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, to the satisfaction of the City Engineer. (Engineering) 77. Prior to the approval of the first final map, or issuance of the first grading permit for the Project, whichever occurs earlier, enter into an agreement with the City of Chula Vista, wherein the Developer agrees to the following: a. Comply with the requirements of the new Municipal Storm Water Permit (Order No. 2001-01) issued by the San Diego Regional Water Quality Control Board, including revision of plans as necessary. b. Indemnify, and hold harmless the City, its elected and appointed officers and employees, from and against all fines, costs, and expenses arising out of non- compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results from any action by the Developer, any agent or employee, Resolution 2001-269 -- Page 24 subcontractors, or others. The Developer's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. c. That the City Engineer may require incorporation of Standard Urban Water Mitigation Plan (SUSMP) requirements during the implementation period preceding the adoption of the local SUSMP by the City for all priority projects or phases of priority projects undergoing approval process, in accordance with Order No. 2001-01, NPDES No. CAS0108758 Municipal Permit, as determined by the City Engineer. d. To not protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. The above noted agreement shall mn with the entire land contained within the Project. (Engineering) 78. Prior to approval of the first final map for the Vistas or issuance of the first grading permit proposing to deposit storm water into the existing drainage facilities in Olympic _ Parkway, whichever occurs earlier, the Developer shall accomplish the following: a. Construct and secure all grading and improvements necessary to construct the proposed infiltration pond in the OS-5 lot, including the storm drain connecting to the existing drainage facilities in Olympic Parkway. b. Prepare a maintenance program for the proposed infiltration pond. The maintenance program shall include, but not be limited to: a) a manual describing the operation and maintenance of said facility; b) an estimate of the cost of such operation and maintenance activities; and c) a funding mechanism for financing the maintenance program. Said maintenance program shall be subject to approval by the City Engineer, Director of Planning and Building, and the Director of Parks and Recreation. The Developer shall be responsible for obtaining the approval of the maintenance program from any applicable federal and state agencies. c. Enter into an agreement with the City of Chula Vista and any applicable agencies, wherein Developer agrees to implement the maintenance program until the later to occur of a) maintenance of such facilities is assumed by the City, open space district, or HOA, or b) all upstream grading of the area draining to the filtration pond is completed and all erosion protection planting is adequately established as determined by the City Engineer, Director of Planning and Building, and Director of Parks and Recreation. Developer shall provide security, satisfactory to the City Engineer, guaranteeing the performance of these maintenance obligations. (Engineering) Resolution 2001-269 Page 25 79. Prior to approval of the first final map or approval of the rough grading permit proposing to create finish grade lots for the Project, whichever occurs earlier, Developer shall provide written evidence acceptable to the City Engineer, demonstrating that the Chula Vista Elementary School District has no objections to the proposed public storm drain and associated access and maintenance easement to the City of Chula Vista crossing the proposed PQ-1 site, as depicted in the Tentative Map. (Engineering) 80. Prior to approval of the first grading permit for the Project (including off-site areas) draining towards the Upper or Lower Otay Lake Reservoirs, the Developer shall provide written evidence, acceptable to the City Engineer, demonstrating that financial arrangements have been made with the City of San Diego regarding monetary compensation for any loss of water resulting fi.om the proposed diversion of drainage runoff fi-om the Otay Lakes watershed. Said financial arrangements shall be in a form approved by the City Engineer and Director of Planning and Building. (Engineering, Planning and Building) SEWER 81. Design all sewer access points (manholes) to be located at centerline of street, cul-de-sac center, or at the center of a travel lane, unless otherwise approved by the City Engineer. (Engineering) 82. Provide improved all-weather paved access to all sewer manholes to withstand H-20 wheel load or other loading as approved by the City Engineer. (Engineering) 83. Sewer access points (manholes) shall not be located on slopes or in inaccessible areas for maintenance equipment. (Engineering) 84. Provide sewer manholes at all changes of alignment of grade, unless otherwise approved by the City Engineer. Sewers serving 10 or less equivalent dwelling units shall have a minimum grade of 1%. (Engineering) 85. Manholes should not be located in the wheel tracks on Class I Collector Streets and above, unless otherwise approved by the City Engineer. Manholes within intersections of Class I Collectors and above shall meet Regional Standard Drawing M-4 (Locking). (Engineering) 86. Prior to approval of any final map or any other grant of approval for any improvement proposing to pump EastLake III sewage flows to the Telegraph Canyon and/or Poggi Canyon sewer trunks, the Developer shall accomplish the following: a. Comply with all the requirements of Council Policy No. 570-03 ("Sewage Pump Station Financing Policy). b. Enter into an agreement to construct and secure the construction, in accordance with Section 18.16.220 of the Municipal Code, of those improvements required to accomplishing the following: Resolution 2001-269 -- Page 26 i. Construction of pump station improvements and associated facilities necessary to pump sewage flows to the Telegraph Canyon and/or sewer trunks. ii. Removal of any existing, new, and/or modified pump stations and associated improvements, to the satisfaction of the City Engineer, upon completion of the Salt Creek Sewer Interceptor. iii. Connection of the Project by gravity to the Salt Creek Sewer Intemeptor, to the satisfaction of the City Engineer, upon completion of the Salt Creek Sewer Interceptor. iv. The amount of the security for the above noted improvements shall be 110% of the construction cost estimate approved by the City Engineer if improvement plans have been approved by the City, 150% of the approved cost estimate if improvement plans are being processed by the City or 200% of the construction cost estimate approved by the City Engineer if improvement plans have not been submitted for City review. A lesser percentage may be required if it is demonstrated, to the satisfaction of the City Engineer, that sufficient data or other information is available to warrant such reduction. (Engineering) c. Provide funding for the preparation of all the studies and reports required to support the addition of pumped sewage flows to the Telegraph Canyon and/or Poggi Canyon sewer minks, as determined by the City Engineer. (Engineering) _ 87. Prior to approval of any final map or any other grant of approval for any improvement proposing to pump EastLake III sewage flows to the Telegraph Canyon and/or Poggi Canyon sewer trunks, the City Engineer, at his/her sole discretion, shall determine the extent of improvements needed for pumping EastLake III sewage flows consistent with: 1) the requirements of Council Policy No. 570-03; 2) the Preliminary Offsite Sewer Study for EastLake III prepared by John Powell & Associates Inc. dated November 2000 and revised January 3, 2001 (refer to Attachment I of FSEIR 01-01); and 3) the City Memorandum dated February 19, 2001 (see Attachment I of Subsequent EIR 01-01). Flows from no more than 1,610 Equivalent Dwelling Units shall be pumped to Telegraph Canyon and/or Poggi Canyon, as described in the Preliminary Off-site Sewer Study for EastLake III. (Engineering) 88. Prior to approval of the first final map or any other grant of approval for any improvements proposing to pump EastLake III sewage flows to the Poggi Canyon sewer trunk, the Developer shall accomplish the following: a. Provide the necessary funding, in the amount determined by the City Engineer, for establishing the Poggi Canyon Pumped Sewer Development Impact Fee or any other funding mechanism as determined by the City Engineer. Said Development Impact Fee, or funding mechanism shall be prepared, as directed by the City Engineer, and approved by Council. b. Provide the necessary funding for implementing a Poggi Canyon sewer trunk- monitoring program, as determined by the City Engineer. (Engineering) - Resolution 2001-269 Page 27 89. Prior to approval of the first final map, Developer shall agree to construct and secure, in accordance with Section 18.16.220 of the Chula Vista Municipal Code, the Poggi Canyon Sewer Improvements set forth in Section 4.4.8.6 of the PFFP under subsection entitled "Capacity of Poggi Canyon Trunk Sewer" in accordance with the times frames set forth therein. In addition, the Developer shall acknowledge and agree that the City Engineer may amend the Poggi Canyon thresholds set forth in said section of the PFFP, if he/she determines at his/her sole discretion, that the EDU assumption of in-basin gravity flows are such that additional pumped flows, beyond what is identified in said section of the PFFP, can be accommodated as evidenced by monitoring. The amount of the security for the above noted improvements shall be 110% of the construction cost estimate approved by the City Engineer, if improvement plans have been approved by the City; 150% of the approved cost estimate, if improvement plans are being processed by the City, or 200% of the construction cost estimate approved by the City Engineer, if improvement plans have not been submitted for City review. A lesser percentage may be required if it is demonstrated, to the satisfaction of the City Engineer, that sufficient data or other information is available to warrant such reduction. (Engineering) 90. Provide a sewer profile study for all deep sewer lines (15' in depth or greater), which indicates that no other feasible alternative exists except for the deep sewer running between northerly boundary of the commercial site (C-1) and southerly boundary of VR- 9 through VR-11 (as shown on the Tentative Map). If the City Engineer approves the profile study, the deep sewer lines will be permitted for construction. (Engineering) 91. All PCC paved sewer and/or drainage maintenance access roads shall be 6 inches in thickness and contain #4 reinforcement bars at 18 inches on center each way to prevent differential displacement between concrete panels. (Engineering) 92. Sewer main pipes shall not run parallel and under slopes greater than 5:1 unless otherwise approved by City Engineer. (Engineering) 93. Sewer lines, which are greater than 20 feet in depth, shall use C-900 or C-905 class pipe, as approved by the City Engineer. (Engineering) 94. The sewer line from the C-2 lot to the connection with the main sewer on the most northeasterly comer of Commercial Site (C-l) shall be private unless otherwise approved by the City Engineer as public sewer. WATER 95. Prior to approval of each final map, present verification to the City Engineer in the form of a letter from Otay 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/bonded indebtedness exist on the parcel(s). (Engineering) 96. 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 Resolution 2001-269 -- Page 28 service and long-term water storage facilities. The Developer shall phase and install water system improvements as required by the Otay Water District. (Engineering, Planning and Building) 97. Prior to approval of the first final map, obtain approval from the Otay Water District of the EastLake III Sub-area Water Master Plan (Engineering, Planning and Building) 98. Avoid installation of privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of installing sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: a. The Developer enters into an agreement with the City where the Developer agrees to the following: i. Apply and obtain approval of an encroachment permit for installation of private utilities within public right-of-way. ii. Maintain membership in an advance notice, such as: the USA Dig Alert Service. iii. Mark out all private facilities/utilities owned by the Developer whenever work is performed in the area. iv. The terms of this Agreement shall be binding upon the successors and _ assigns of the Developer. b. Shutoff devices, as determined by the City Engineer, are provided at those locations where private facilities traverse public streets. (Engineering) AGREEMENTS/FiNANCIAL 99. 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 if any one of the following occur: i. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program as may be amended from time to time. ii. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. iii. The required public facilities, as identified in the PFFP, or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The Developer may propose changes in the timing - and sequencing of development and the construction of improvements Resolution 2001-269 Page 29 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 and Building) b. Defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act; provided the City promptly notifies the subdivider of any claim, action or proceeding, and on the further condition that the City fully cooperates in the defense. (Engineering, Planning and Building) c. Permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit and provide cable television service for each lot or unit within the Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the final map only to those cable television companies franchised by the City of Chula Vista, the condition of such grant being that: (a) such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate that placement of such conduits; and (b) any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. (Engineering, Planning and Building) d. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. (Engineering, Planning and Building) e. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. (Engineering, Planning and Building) f. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). (Engineering) Resolution 2001-269 Page 30 g. 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) 100. Prior to approval of each Final map, the Developer shall comply with all previous agreements as they pertain to this tentative map. (Engineering, Planning and Building) 101. Prior to approval of each final map, the Developer shall contract with the City's current street sweeping franchisee, or other server approved by the Director of Public Works to provide street sweeping for each phase of development on a frequency and level of service comparable to that provided for similar areas of the City. The developer shall cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street, or 60 days after the completion of all punch list items, whichever is shorter. The developer further agrees to provide the City Special Operations Manager with a copy of the memo requesting street sweeping service. Such memo shall include a map of areas to be swept and the date the sweeping will begin. (Public Works) 102. Prior to approval of the first final map for the project, enter in an agreement with the City to provide affordable housing units as specified in the adopted EastLake Comprehensive Affordable Housing Program. (Community Development) 103. Prior to issuance of first final map, the Developer shall provide evidence, satisfactory to the Director of Planning and Building, that the school districts are satisfied. (Planning and Building) 104. Developer acknowledges that the City is in the process of conducting an Air Quality Improvement Plan (AQIP) Pilot Study to evaluate the various transportation and energy efficient land use planning and building construction measures for new development and that the Project Study will include cost effectiveness and feasibility analyses of the various measures under consideration, and will result in a Draft AQIP for the Project recommending which measures should be included in the Project at the present time. 105. Prior to or concurrent with approval of the first final map for the project, unless the Director of Planning and Building allows other timing, the Draft Air Quality Improvement Plan (AQIP) must be considered and acted upon by the Planning Commission and City Council. The Developer hereby agrees to implement the final AQIP measures as approved by the City Council, and to comply and remain in compliance with the AQIP. The Developer shall also agree to waive any claim that the adoption of a final Air Quality Improvement Plan constitutes an improper subsequent imposition of the condition. 106. The Developer acknowledges that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures related to new development as various technologies and/or programs change or become available. The Developer shall Resolution 2001-269 Page 31 be required to modify the AQIP to incorporate those new measures, which are in effect at the time, prior to or concurrent with each Final map approval within the Project. The new measures shall apply, as applicable, to development within all future Final map areas, but shall not be retroactive to those areas, which receive Final map approval prior to effect of the subject new measures. 107. The Developer acknowledges that the City is in the process of developing guidelines for the preparation of required Water Conservation Plans (WCP), and is conducting a WCP Pilot Study to evaluate various water conservation measures for new development beyond those currently mandated, and that the Project area is part of that Study. The Developer further acknowledges that the WCP Pilot Study will include cost effectiveness and feasibility analysis of the various measures under consideration, and will result in recommending which measures should be included in the Project at the present time. 108. Prior to or concurrent with the approval of the first final map for the project, unless the Director of Planning and Building allows other timing, the Developer shall have prepared, submitted and obtained the approval of the Planning Commission and City Council of a Water Conservation Plan (WCP) for the Project which incorporates the Pilot Study recommendations. The Developer hereby agrees to implement the final WCP measures as approved by the City Council, and to comply and remain in compliance with the WCP. The Developer also agrees to waive any claim that the adoption of a final WCP constitutes an improper subsequent imposition of the condition. 109. The Developer acknowledges that the City Council may, fi.om time-to-time, modify water conservation measures related to new development as various technologies and/or programs change or become available. The Developer 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 within the Project. 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 measures. 110. Prior to issuance of building permits, the Developer shall be required to submit a detailed acoustical analysis to the Environmental Review Coordinator prepared by a qualified acoustical consultant that demonstrates that the building structure is adequately designed such that second-floor interior noise levels, due to exterior sources, will be at or below the 45 CNEL interior standard. Where exterior noise levels exceed 60 CNEL, additional measures shall be required to attenuate interior noise to the 45 CNEL standard in compliance with the noise mitigation measures required in the MMRP. (Environmental, Planning and Building) 111. Agree to construct the City's greenbelt trail along the eastern edge of the Vistas and Woods neighborhood and along the east side of the Salt Creek open space Corridor, as identified in the Trials Plan of the EastLake III SPA. Final Greenbelt design, aligmnent and construction details, including fencing signage and view point amenities, shall be subject to approval by the Director of Parks and Recreation and Planning and Building. (Parks and Recreation, Planning and Building) Resolution 2001-269 Page 32 OPEN SPACE/ASSESSMENTS 112. In the event Developer request the formation of a Community facility District (CFD), the Developer shall make such request, submit an application packet for formation of a Community Facilities District (CFD), and submit the request for CFD formation to the City Council for consideration prior to the approval of the first final map for the Project. The CFD shall be formed prior to issuance of the first production home building permit. The Developer shall submit a list of amenities, acreage and costs for all open space lots, including, but not limited to, the cost of any detention basin maintenance and all costs to comply with the Department of Fish & 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 CFD 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, the Developer 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.) required by the City Engineer for processing the formation of the proposed CFD. (Engineering) 113. Grant in fee to the City on the applicable final map, all the open space lots to be maintained by the City through the open space district. Developer shall provide on the final map a certificate, pursuant to section 66477.2(a) of the Subdivision Map Act, rejecting those open space lots to be maintained by the Homeowners Association. (Engineering) 114. 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 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 Public Works, or the Director of Parks and Recreation, 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 portion of said deposit shall be incorporated into the open space district's reserve at such time as the open space district assumes the maintenance of the open space lot. (Engineering, Public Works, Parks and Recreation) 115. Conform to the design elements of the City's Landscape Manual for all landscaping, which falls within the maintenance responsibility of the open space District. (Parks and Recreation) 116. Prior to approval of each Final map, provide proof to the satisfaction of the City Engineer and Director of Parks and Recreation that all improvements located on open space lots Resolution 2001-269 Page 33 will be incorporated into and maintained by a Home Owner's Association or an Open Space District. (Engineering, Parks and Recreation) 117. Prior to approval of each final map, agree to have future property owners of lots adjacent to open space lots sign a statement at the time of property purchase, indicating that they are aware and acknowledge that the perimeter walls within open space lots are the property of the EastLake III HOA, 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&R's that are recorded against each property. A copy of said CC&Rs shall be provided to the City for its approval prior to recordation. (Engineering, Parks and Recreation) 118. Prior to approval the applicable final map, enter into a maintenance agreement and grant easements as necessary for landscaping and improvements maintained by a Homeowners Association within City fight-of-way or such other public areas required by the City. (Engineering, Parks and Recreation) 119. All open space lots shall have a minimum dimension of 10 feet. (Planning and Building) 120. Prior to approval of the first final map for the Project, Developer shall provide evidence, satisfactory to the City Engineer, demonstrating that the Project will provide for the fair share of the cost of operating and maintaining the existing infiltration pond at the intersection of Olympic Parkway and Wueste Road, through an open space district, MHOA, or any other mechanism approved by the City. (Engineering) 121. Thematic fencing shall be provided along the perimeter of the elementary and middle school exposed to public fight-of-way and open space. All thematic fences along the two school facilities shall be located within open space lots or easement, 10 feet from property lines along street edges, and maintained by the EastLake III Homeowners Association or other acceptable financing mechanism acceptable to the City, as determined by the Director of Planning and Building. PARKS, TRAILS AND LANDSCAPE 122. Prior to the approval of the first final map, issuance of the rough grading permit proposing to create finish lots or issuance of building permit, whichever occurs first, Developer shall prepare, submit and receive approval from the Director of Parks and Recreation of a comprehensive Project Landscape Master Plan. Such approval shall be indicated by means of the Director's signature and date on said Plan. The contents of the Landscape Master Plan shall conform to the City staffchecklist and contain the following mai or components: a. Landscape Concept. b. Wall and Fence Plan, indicating type, material, height and location. c. Brush Management Plan, identifying three zones and treatment. Resolution 2001-269 Page 34 d. Maintenance Responsibility Plan. e. Planting Concept Plan. f. Master Irrigation Plan. (Parks and Recreation, Planning and Building, Engineering, Public Works) 123. The Developer acknowledges that the City is in the process of preparing and adopting a City-wide Parks Master Plan, and hereby agrees to comply with the provisions of said Plan as adopted and as it affects facility and other related requirements for the Project's parks. (Parks and Recreation) 124. Prior to approval of the first final map, Developer shall provide an Irrevocable Offer of Dedication (IOD) to the City, in a form approved by the City Attorney, for the project park site identified as (P-I). Park site shall include public access to the satisfaction of the Director of Parks and Recreation. The park net acreage and the park Parkland Dedication Ordinance (PDO) credit to be received by the Developer is based on net usable park acreage as usable is determined solely by Director of Parks and Recreation. Developer shall construct an all weather access road on the park site to the satisfaction of the Fire Marshall and Chief of Police and at no cost to the City, upon request from the Director of Parks and Recreation. (Parks and Recreation) 125. Prior to the Approval of each final map, Developer shall pay to the City the park development fees for the project's park (P-l) improvements, as determined by dwelling unit count and type contained within each Final map, in accordance with the PDO or unless otherwise specified in the "Amended and Restated Development Agreement for EastLake III of February 1, 2000. In the event the City accepts the 'turn-key' improvements for the project's park, the PDO development fees paid may be returned to the Developer at the time of the City's acceptance of the project's park construction documents and accompanying security bonds, less the City's cost of processing and administering the expenditure, verification and administration of the PDO fees. Developer acknowledges the City may withhold up to 25% of the total PDO fees paid until such time as park construction has been completed and accepted by the City. (Parks and Recreation) 126. Developer agrees to enter into a Chula Vista standard three-party agreement with the City of Chula Vista and design Consultant(s) for the design of all aspects of the Project's park. Developer acknowledges the Director of Parks and Recreation shall have the sole right to select the design Consultant(s). All design Consultant work product shall reflect the then current requirements of the City's Municipal Code, Department of Parks and Recreation Policies and the City of Chula Vista Landscape Manual requirements. (Parks and Recreation) 127. Prior to the Approval of the first final map for the Project, Developer shall enter into an agreement with the City wherein Developer agrees to comply with the following schedule for commencement of construction and delivery to the City of the project's park (P-l): Resolution 2001-269 Page 35 a. Prior to issuance of a building permit for the 916th dwelling unit for the Project, Developer shall have commenced construction of project's Park (P-l), to the satisfaction of the Director of Parks and Recreation. Developer shall complete construction of the park within twelve (12) months of commencement of construction. The term "complete construction" shall mean park construction has been completed according to the City approved construction plans and accepted by the Director of Parks and Recreation. Furthermore "compete construction" shall mean prior to and shall not include the City's established maintenance period required prior to acceptance by the City for Public use. b. Developer acknowledges that prior to the commencement of park construction, Developer shall prepare, submit and obtain the Approval from the City Council, with a recommendation from the Planning Commission, of a Park Master Plan and shall prepare, submit and obtain the Approval from the Director of Parks and Recreation of Park Construction Documents and accompanying security. c. At any time the Director of Parks and Recreation may, at his sole discretion, modify the neighborhood development phasing and construction sequence for the project's park should conditions change to warrant such revision. (Planning and Building, Parks and Recreation) 128. Developer shall rough grade the project's park site (P-l) to conform to the approved Park Master Plan to the satisfaction of the City Engineer and the Director of Parks and Recreation and at no cost to the City. (Engineering, Parks and Recreation) 129. Developer shall install underground utilities to the boundaries of the project's park site (P-l) to the satisfaction of the Director of Parks and Recreation and City Engineer concurrently with the installation of underground utilities for any portion of the Project adjacent to the park site. (Parks and Recreation, Engineering) 130. Developer acknowledges, understands and agrees that the City shall withhold the issuance of building permits for the Project should the Project fail to comply with the conditions herein. For purposes of this condition, the term "constructed park" shall mean the construction of the Project's park has been completed and accepted by the City as being in compliance with the Parks Master Plan, but prior to the City's required mandatory maintenance period. This is not intended to supersede any of the City's maintenance guarantee requirements. (Parks and Recreation) 131. Concurrent with the approval of each final map that contains a proposed trail, Developer shall provide an easement to the City, in a form approved by the City Attorney, for the trail alignment. (Parks and Recreation, Planning and Building) 132. Regular maintenance of the Greenbelt and Community trails and open space shall be the responsibility of the HOA. Prior to issuance of first grading permit for the applicable improvements, a maintenance program for the ordinary and usual maintenance of the trails shall be established with the approval of the City in order to minimize potential for erosion into lower Otay Reservior. Resolution 2001-269 -- Page 36 133. Prior to the issuance of the first rough grading permit for the Project, or as otherwise approved by the Director of Parks and Recreation, the Developer shall prepare, submit and obtain the approval of the Director of Parks and Recreation, City Engineer and Environmental Review Coordinator for a landscape and irrigation slope erosion control plan. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual, Grading Ordinance and Biology section of the EIR. Developer shall install erosion control in accordance with approved plans within six months from the commencement of grading. (Parks and Recreation, Engineering, Planning Environmental) 134. Prior to the issuance of any construction permit, the Developer shall prepare, submit and obtain the approval of the City Engineer and the Director of Parks and Recreation, for open space, parkway, medians and trails landscape and irrigation plans. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and the SPA. Developer shall install all improvements in accordance with approved plans to the satisfaction of the Director of Parks and Recreation. (Parks and Recreation, Engineering) 135. Prior to the approval of any final map for the Project that contains open space, the Developer shall enter into an agreement to construct and secure open space landscape improvements within the map area. All landscape improvements shall be bonded for in amounts as determined by the Director of Parks and Recreation and approved in form by the City Attorney. Developer shall prepare, submit and obtain the approval for the _ Director landscape improvement plans simultaneously with improvement plans for the appropriate areas. (Parks and Recreation, Planning and Building) 136. The Project's MHOA CC&R's shall contain the requirement that, should the MHOA seek to be released by the City from the maintenance obligations for the project's open space and trails, the MHOA shall first obtain written consent from the City and 100 percent of the property owners within the MHOA. (Parks and Recreation, Planning and Building) 137. Developer agrees to immediately relocate, at Developer's sole expense, the necessary above and/or underground utilities to accommodate the required street trees within the street tree panting easement if determined necessary by the Director of Parks and Recreation or the City Engineer. (Parks and Recreation, Engineering) 138. Include in the rough grading permit proposing to create finish lots for the Vistas Neighborhoods, all grading and improvements required for that offsite portion of the Green Belt Trail extending westerly of the VR-12/CPF-1 site along Olympic Parkway to join the proposed Green Belt Trail along Salt Creek, to the satisfaction of the Director of Parks and Recreation and the City Engineer. (Engineering, Parks and Recreation) 139. Include in the applicable grading, landscaping and improvement plans proposing the construction of the Green Belt and Community Trails, all grading, improvements and appurtenant facilities, required by the Director of Parks and Recreation, Director of Planning and Building and the City Engineer, for accomplishing the following: Resolution 2001-269 Page 37 a. Ensuring that trail traffic (i.e., pedestrian, bikes, electric carts) only crosses Collector and higher classification streets at controlled street intersections. b. Providing adequate safety and traffic calming features at the proposed trails mid- block crossings with residential streets. These improvements should include but are not limited to landscaped street neck-downs, stripping/signage, warning signs and/or streetlights. (Engineering, Parks and Recreation) 140. Prior to the approval of the first final map or rough grading permit proposing to create finish lots, whichever comes first, prepare, submit and obtain approval by the Director of Parks and Recreation for the final alignment, including location, construction materials, rest areas and detailing of the trail along the Salt Creek corridor between Olympic Parkway and Otay Lakes Road (Parks and Recreation) 141. Provide a trail connection, to be approved by the Director of Parks and Recreation, along the east side of Lake Crest Road between North Fork Road and Wueste Road to be submitted with improvement plans for Lake Crest Road. Trail shall be a minimum 10 feet wide and connect to graded park pad. (Parks and Recreation) EASEMENTS 142. Grant on the final maps minimum 15 fi. wide easements to the City of Chula Vista as required by the City Engineer for construction and maintenance of sewer facilities. (Engineering) 143. Provide minimum 15 ft. wide easements to the City of Chula Vista as required by the City Engineer for construction and maintenance of storm drain facilities. (Engineering) 144. Provide 10 ft. wide general utility easements adjacent to street right-of-way within public open space lots, unless otherwise approved by the City Engineer. (Engineering) 145. Provide easements for all off-site public storm drains and sewer facilities prior to approval of each final map requiring those facilities unless Section 66462.5 of the State Map Act applies. The easements shall be sized as required by the City of Chula Vista Standards, unless otherwise approved by the City Engineer. (Engineering) 146. Grant on all applicable final maps, easements along all public streets within the subdivision as shown on the tentative map and in accordance with City standards unless otherwise approved by the City Engineer and the Director of Planning and Building. The City Engineer may require 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) 147. Grant on the appropriate final map, a 20 ft. minimum sewer and access easement for sewer lines located between residential units, unless otherwise required by the City Engineer. All other easements shall meet City standards for required width. (Engineering) Resolution 2001-269 Page 38 148. Provide an easement or any other instrument acceptable to the City Engineer restricting the installation of facilities or improvements within that 5 fi. strip of land adjacent to all dedicated public streets. Said easement or instrument shall reserve to the underlying fee owner the continued use of the surface of said easement and the right to permit installation of general utility improvements subject, but not limited to, the following conditions: prohibiting the erecting of masonry walls, masonry fences and other structures, planting or growing of trees unless written permission is first obtained from the City. MISCELLANEOUS 149. Prior to approval of each final map, submit copies of all final maps in a digital format. The drawing projection shall be in Califomia State Plane Coordinate System (NAD 83, Zone 6). The digital file of the final maps shall combine all map sheets into a single CADD drawing, in DXF, DWG or Arc View (GIS) format and shall contain the following individual layers: a. Subdivision Boundary (closed polygons). b. Lot Lines (closed polygons). c. Street Centerlines (polygons). d. Easements (polylines). e. Street names (annotation) (Engineering). 150. Prior to the earliest to approval off 1) first final map for Neighborhoods WR-6 and WR~7, or 2) issuance of any grant of approval for construction of the storm drainage system within said Neighborhoods WR-6 and WR-7, whichever occurs earlier, Developer shall provide verification, satisfactory to the City Engineer, demonstrating that: a. Appropriate easements has been granted to the EastLake Business Center II for constructing, operating, and maintaining the private storm drains conveying drainage flows generated by the adjacent EastLake Business Center II project through said Neighborhoods WR-6 and/or WR-7. b. The EastLake Business Center HOA shall be responsible for maintaining the aforementioned private storm drains. (Engineering) 151. Prior to approval of the applicable final map, Developer shall construct and secure the construction of transit stop facilities as set forth in the PFFP. The schedule for constructing the transit stops shall be approved or determined by the City Engineer prior to approval of the aforementioned final map. Developer shall design said transit stops in conjunction with the improvement plans for the related street. The City Engineer may require that Developer provide security guaranteeing the construction of said transit stops in a form of cash or any other form approved by the City Engineer at his/her sole discretion. (Public Works/Transit) Resolution 2001-269 Page 39 152. Prior to approval of the first final map, revise the EastLake III GDP, EastLake III SPA, EastLake III Planned Community District Regulations, EastLake III Design Guidelines, EastLake Community Purpose Facility Master Plan, EastLake Comprehensive Affordable Housing Program and Public Facilities Finance Plan documents, as modified by the City Council and as deemed appropriate by City staff to delete strike underline text, references to previous documents, inconsistencies and other clean-up items before final printing. (Planning and Building) 153. Prior to approval of the first final map, submit to the Planning and Building Department 20 copies of the adopted GDP, SPA, FSEIR, CEQA Findings, and Mitigation Monitoring Program in plastic binders. Specific document format, table of contents, binder size and titles shall be as determined by City staff. (Planning and Building) 154. Prior to sale of dwelling units in the Woods West, sales disclosure statement shall be provided, identifying the allowable uses in the westerly adjacent Business Center. (Planning and Building) 155. Prior to approval of the first final map, prepare, submit and obtain approval by the Director of Planning and Building of a homeowners manual for neighborhood WR-1, outlining development parameters and design criteria for accessory structures encroaching into the privately owned slope banks along the eastern edge of the Woods neighborhood. The homeowners manual shall address the following items: 1) permitted encroachment into slope banks, minimum separation between easterly adjacent greenbelt trail, permitted re-grading of slopes, thematic fencing along the greenbelt trail edge and within the sloped areas, height, design and treatment of all accessory structures, including decks, retaining walls, landscape design and any other development standard as determined by the Director of Planning and Building. (Pla~ing and Building) 156. A summary of City responses to each of Developers waiver request from City Standards is contained within the following Table 1, which includes the "Approved" or "Not Approved" status of each waiver. The summary descriptions for each waiver within Table 1 are brief and the approved Tentative Map should be consulted for more complete description of the waiver requests: Table 1 TENTATIVE MAP WAIVERS WAVIER BRIEF DESCRIPTION STATUS COMNIENTS NO. 1 Gates on Paradise Ridge Way in the Vistas are less than 150' *Approved None from the extension of the intersecting street curb line. Gates on all of the private entry street in WR-1 are less than 150' from extension of the intersecting street curb line. 2 Residential Street Standards as indicated on the typical Approved None street sections on sheet 2 & 14 of the Tentative Map 3 Thc rear property lines in WR-1 Lots 5, 6, 9-11, 14-16, 19, Approved None 26, 27, 32, 33, 35-40, 42, 43, 45-50, 52-54, 57, & 58 will be located at the toe of thc slope 4 All streets within the Woods East Planning area will be Conditionally None constructed with beveled curb, tan in color Approved (see Resolution 2001-269 - Page 40 condition No. 43 in Streets, Right-of- Way, & Public Improvements) 5 Streets having tangent shorter than 4 times the design *Approved None speed between horizontal curves (as listed below) - Silver Oak Place between Lone Oak Court & the knuckle - Mountain Ash Lane South of Mulbercy Way - Table Rock Loop at both knuckles - Rambling Vista Road at Agate Creek Way - Marble Canyon Road at knuckle - Red Rock Canyon Road at both knuckles - Old Janal Ranch Road at Blue Sage Way - Horn Canyon Avenue 6 a "Local" Sewer exceeds 12' in depth Not Approved May be approved by City Engineer at the time that improvement plans are submitted for approval 6 b "Trunk" Sewer exceeds 20' in depth Approved C-900 or C-905 pipe shall be used from manhole to manhole 7 Street intersections within horizontal curves or within 100' *Approved None tangents of horizontal curves (as listed on sheet I of the Tentative Map 01-09 9 Yosemite Drive south of Stone Gate Street is proposed to *Approved None be a residential class street with an anticipated ADT of 1,360. (Maximum allowed of 1,200 ADT for Residential Class Street.) 10 Old Janal Ranch Road between Silver Hawk Way and Approved None Blue Sage Way end south of Rambling Vista Road is a Class Ill Collector with centerline radius of 400 feet. (Minimum radius for a Class Ill Collector is 450 feet.) * The City's approval of the waiver request is contingent upon submittal of a letter from Developer's Engineer of Work explaining that, in their professional opinion, no public safety issues will be compromised. (Engineering, Planning and Building) FIRE AND BRUSH MANAGEMENT 157. Prior to approval of the first grading permit for the Project, the Developer shall have submitted and received approval by the Director of Parks and Recreation and the City's Fire Marshall of a Brush Management Program for the Project. (Fire, Parks and Recreation) 158. Prior to issuance of each Grading Permit, provide the Initial Cycle of fire management/brush clearance within lots adjacent to natural open space areas subject to approval by the Fire Marshal and Director of Parks and Recreation (Fire, Parks and Recreation) - Resolution 2001-269 Page 41 159. Provide fire hydrants every 500 ft. for single-family residential units and every 300 fi. for multi-family residential units. All hydrants shall be operable prior to delivery of combustible building materials, and minimum 20 ft. wide, all-weather fire access roads shall also be provided or an acceptable alternative approved by the Fire Marshall and in compliance with the U.F.C. (Fire) 160. Provide sprinkler systems in all homes that are on flag lots where any portion of exterior wall of first story is located more than 150 ft. from fire department access or as measured by local jurisdiction. (Fire) 161. Prior to issuance of the first building permit, provide a 20 ft. wide hard surface and required fire hydrant with required water pressure to the satisfaction of the Fire Marshall. (Fire) 162. Prior to issuance of each building permit, developer shall pay Public Facility Fees at the rate in effect at the time building permits are issued. If the Permanent Fire Station has been constructed in EastLake, the Developer shall be given credit, for costs related to construction of the permanent fire station. (Fire) 163. Prior to approval of the first final map, Developer agrees to design, construct and deliver Fire Station No. 6A within the Woods Neighborhood as determined by the Fire Chief. (Fire) 164. Prior to approval of the first final map for the Woods Developer shall grant in fee to the City the property identified on the Tentative Map as Lot PQ-3 (fire station site), to the satisfaction of Fire Chief and City Engineer. Developer shall notify the City at least 60 days prior to consideration of the first final map by City if any offsite property cannot be obtained as required by this condition of approval. After said notification, the Developer shall: a. Pay the full cost of acquiring fee title for site PQ-3 as required by the Conditions of Approval of the Tentative Map. b. Deposit with the City the estimated cost of acquiring said property. Said estimate is subject to the approval of the City Engineer and Fire Chief. c. Have all documents and plats prepared and appraisals complete as necessary to commence condemnation proceeding as determined by the City Engineer. d. Request that the City use its powers of Eminent Domain to acquire the property needed for constructing off-site improvements or work related to the site PQ-3. The Developer shall pay all costs, both direct and indirect incurred in said acquisition. The requirements of a, h and c above shall he accomplished prior to the approval of the first final map. Resolution 2001-269 -- Page 42 CODE REQUIREMENTS 165. 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) 166. Underground all utilities within the subdivision in accordance with Municipal Code requirements to the satisfaction of the City Engineer. (Engineering) 167. 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) 168. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. (Engineering) 169. Comply with Chula Vista Municipal code Sections 14.04 to 14.18 and 18.54 for any work proposed within the watercourse and floodplain of Salt Creek. (Engineering) 170. Pay all required fees, including the following fees, in accordance with the City Code and _ Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impact fee. e. Salt Creek Sewer DIF. fi Telegraph Canyon Pumped Sewer Basin DIF, if applicable. g. Poggi Canyon Pumped Sewer Basin DIF as may be adopted by the City in the future if applicable. Pay the amount of said fees in effect at the time of issuance of building permits (Engineering, Planning and Building) GROWTH MANAGEMENT/PUBLIC FACILITIES FINANCING PLAN (PFFP)/PHASING 171. Developer shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan - Resolution 2001-269 Page 43 implementation (19.09.090), and public facilities finance plan amenrdment procedures (19.09.100). (Engineering, Planning and Building) 172. Install public facilities in accordance with the EastLake III 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. (Engineering, Planning and Building) 173. Developer shall develop the Project in accordance with the approved SPA and PFFP phasing plan. If the Developer proposes to modify this approved phasing plan, the Developer 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 and Building). 174. If multiple final maps are proposed within a planning area as set forth in the Tentative Map, the Developer shall submit and obtain approval for a development sub-phasing plan by the City Engineer and Director of Planning and Building prior to approval of the first final map for that planning area. The sub-phasing plan shall include: a. A site plan showing the lot lines and lot numbers, the phase lines and phase numbers and number of dwelling units in each sub-phase, and b. A table showing the sub-phase number, the lots included in the phase and the number of units included in each phase. Improvements, facilities and dedications to be provided with each phase shall be determined by the City Engineer and Director of Planning and Building. The City reserves the right to require improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of Police and Fire departments. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvements and construction should conditions change to warrant such revision(s). (Engineering, Planning and Building) HOMEOWNERS ASSOCIATIONS (HOA)/DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS CC&Rs) 175. The Developer shall create a Master Homeowners Association ("MHOA") to own and maintain in a professional manner open space areas, medians, parkways, Salt Creek wetlands mitigation area, or any other improvement not maintained by community facilities district, the City, or other entity. The Developer 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 and Building requires such annexation of future tentative map areas. On or before 90 days following the date of Council approval of this tentative map, the developer shall submit for City's approval the CC&Rs, grant of easements, maintenance standards and responsibility of the MHOA for the Project area. Resolution 2001-269 Page 44 The Declaration of Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted and approved by the City Engineer City Attorney, Director of Planning and Building, Director of Parks and Recreation and Director of Public Works. The CC&Rs shall include but not limited to the following obligations of the Master Homeowners Association and/or any successor in interest (herein after collectively referred to as "Master Homeowner Association (MHOA)": 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 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&Rs that may particularly affect the City can become effective, said revisions shall be approved by the City. The MHOA shall not seek approval fi.om the City of said revisions without the prior consent of 100% of the holders of first mortgages or property owners within the MHOA. 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% 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&Rs 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. The CC&Rs shall include provisions assuring MHOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. Resolution 2001-269 Page 45 i. The CC&Rs 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 seek to dedicate or convey for public streets, land used for private streets without approval of 100% of all the HOA members or holders of first mortgages within the MHOA. 1. The CC&Rs shall include the requirement to provide for the fair share of the cost of maintaining the existing detention basin and wetland restoration areas in the EastLake Trails. (Engineering, Planning and Building) m. CC&Rs shall include provisions establishing an HOA "to assure maintenance" of all open space areas and slopes" including long term maintenance of the Salt Creek wetland mitigation area in perpetuity, as identified in the EastLake III Woods and Vistas Conceptual Wetland Mitigation Plan, prepared by Helix Environmental Planning, Inc., all subject to approval by the City's Environmental Review Coordinator. (Environmental) n. CC&Rs shall include the requirement to provide for the following: i. Repair and replacement of the proposed beveled curbs in the Woods. City will provide sweeping services for those streets with beveled curbs. ii. Maintenance of the landscaped parkways along all streets containing detached sidewalks. 176. Provide within the master CC&Rs for the maintenance in perpetuity of all stabilized decomposed granite (DG) areas by a Homeowners Association. All proposed stabilized decomposed granite (DG) walkways shall be free from vertical obstacles and obstructions such as public utility vaults, boxes, etc. (Engineering, Planning and Building) 177. Future property owners shall be notified during escrow by a document to be initialized by the owners of the maintenance responsibility of the HOA and their estimated annual cost. The form of said document shall be approved by the Director of Planning and Building and the City Engineer prior to approval of the first final map for the Project. (Engineering, Planning and Building) 178. Designate as private and maintain by a Homeowners Association all storm drain clean outs determined by the City Engineer to be in areas inaccessible for maintenance equipment. (Engineering) 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 right to revoke or modify all Resolution 2001-269 Page 46 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 Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenfomeable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. It is in the public's interest for City to require EastLake to indemnify the City against the adverse risks and costs of a challenge to City's actions in preparing and approving a second Addendum to FSEIR 01-01 and approving the Tentative Subdivision Map for EastLake III, Chula Vista Tract 01-09 and related discretionary approvals, if any; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve an Agreement for Indemnification and Covenants for Actions Taken by City related to EastLake III, a copy of which shall be kept on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement for and on behalf of the City. Presented by Approved as to form by ~obert A. Leiter Joh~M. Kaheny Planning and Building Director L..C~y Attorney Resolution 2001-269 Page 47 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of August, 2001, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Hortc~, Mayor ATTEST: Susan Bigelow, City Cler~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2001-269 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of August, 2001. Executed this 14th day of August, 2001. Susan Bigelow, City Clerk' I~~ I~IIIIIlllILIILIlllLLLLLILLIIIIIILLLIIIIILL~ +~ I1 i Ill I LLII ~ L[LLtLLLLLLLLLULLLLLLLLL llll[lllll. I LJlJIII U LLLLLLLL~J~ [Lt L[ LLILLLLL[I LLLII ll. ltltt LLLII.