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Home My WebLink AboutReso 2001-291 RESOLUTION NO. 2001-291 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR VILLAGE FIVE OF THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN, CHULA VISTA TRACT 96-04B WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A," attached hereto and described on Chula Vista Tract 96-04B, and is commonly known as Village Five, Red Phase ("Property"); and WHEREAS, The Otay Ranch Company ("Applicant") filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as "Revised Tentative Map, Chula Vista Tract 96-04B," ("Project"), with the Planning and Building Department of the City of Chula Vista on February 16, 2001; and WHEREAS, the application requested the approval for the subdivision of approximately 44.5 acres located north of Olympic Parkway, northeast of East Palomar Street, east of the Santa Rosa Drive, and west of the future planned SR-125 into 122 residential lots, 6 private street lots, 12 common lots, and 6 open space lots for a total of 147 lots; and WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan ("GDP") previously approved by the City Cotmcil on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998, by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH #9010154 ("Program EIR 90-01"); and WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #94101046 ("FEIR 95-01"); and WHEREAS, the Applicant filed an amendment to the SPA One Plan, (PCM-01-09), and said amendment was adopted by the City Cotmcil on August 28, 2001 by Resolution No. 2001- 290; and WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and has determined that the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-01. Only minor technical changes or additions are necessary and none of the conditions requiring preparation of a subsequent or supplemental EIR, as identified in Sections 15162 and 15163 exist; therefore, an addendum to SPA One Plan FEIR 95-01was prepared in accordance with State CEQA Guidelines Section 15164 and adopted pursuant to Resolution No. 2001-289 (PCM-01-11); and WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Village Five "Revised Tentative Subdivision Map (C.V.T. 96-04B)" and notice of said heating, together with its purpose, was given by its publication in a newspaper of general Resolution 2001-291 - Page 2 circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. August 22, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, by a vote of 4-0-3 the Planning Commission approved the project; and WHEREAS, the City Council set the time and place for a hearing on the Project and notice of said heating, together with its purpose, was given by its publication in a newspaper of general circulation in the City at least ten days prior to the hearing; and WHEREAS, a hearing was held at the time and place as advertised on August 28, 2001, in the Council Chambers, 276 Fourth Avenue, before the City Council and said heating was thereafter closed. NOW, THEREFORE, THE CITY COUNCIL finds, determines, and resolves as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their _ public hearing on this project held on August 22, 2001, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. II. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the FEIR 95- 01, would have no new effects that were not examined in said FEIR (Guideline 15168 (c)(2)). III. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds that: (1) there were no changes in the Project from the Program EIR and the FEIR which would require revisions of said environmental report; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous environmental report; (3) and no new information of substantial importance to the Project has become available since the issuance and approval of the prior environmental report; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the Program EIR and FEIR, and an Addendum has been prepared [Guideline 15168 (c)(2) and 15162 (a)]. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council found that the Addendum (Case No. IS-01-43) prepared to Otay Ranch SPA One EIR 95-01, pursuant to Resolution No. 2001-289 (PCM-01-11) reflected the - Resolution 2001-291 Page 3 independent judgment of the City Council of the City of Chula Vista and thereby adopted the Addendum to Otay Ranch SPA One FE1R 95-01. V. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES The City Council does hereby readopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Otay Ranch GDP approval (90-01) and SPA One Plan approval (95-01). VI. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the GDP EIR (90-01), the original SPA One Plan EIR (95-01), adequately describes and analyzes this project for the purposes of CEQA [Guideline 15168 (e)]. VII. TENTATIVE SUBDIVISION MAP FINDINGS Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Otay Ranch Village Five "Revised Tentative Subdivision Map (C.V.T. 96- 04B)" as conditioned, attached as Exhibit "B" to this resolution, hereto for The Otay Ranch Company ("Otay Project LLC"), is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Sectional Planning Area One Plan as amended, based on the following: 1. Land Use The Project is in a planned community that provides multi-family residential uses and open space. The Project is also consistent with General Plan, Otay Ranch GDP, and Otay Ranch SPA One Plan policies related to grading and landforms. 2. Circulation All of the on-site and off-site public and private improvements required to serve the subdivision are part of the project description or are conditioned consistent with the Otay Ranch General Development Plan, and the Otay Ranch SPA One Plan. The Applicant shall construct those facilities in accordance with City and Otay Ranch SPA One Plan standards. 3. Housing An affordable housing agreement between the City and The Otay Ranch Company (Master Developer) has been executed and is applicable to subject Project providing for low and moderate income households. 4. Parks, Recreation and Open Space Resolution 2001-291 Page 4 Parks, recreation and open space will be conditioned under Tentative Map conditions to dedicate additional parkland obligation for the Project elsewhere in Otay Ranch on the Applicant's ownership. Construction of additional parkland and open space and programmable recreation facilities are the responsibility of the Applicant. 5. Conservation The Program EIR and FEIR's addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals and policies. The Otay Ranch Phase Two Resource Management Plan requires conveyance of 1.18 acres of land to the Otay Ranch Preserve for every one-acre of developed land prior to approval of any Final Map. 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity of the Project according to the Otay Ranch SPA One Geotechnical Reconnaissance Report. 7. Public Safety All public and private facilities are expected to be reachable within the threshold response times for fire and police services. 8. Public Facilities The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major projects in the eastern territories. 9. Noise The Project may include noise attenuation walls under review in an acoustic study currently being prepared for the Project. In addition, all units are required to meet the standards of the Uniform Building Code with regard to acceptable interior noise levels. 10. Scenic Highway The roadway design provides wide landscaped buffers along Olympic Parkway the only General Plan, GDP/SRP scenic highways adjacent to the Project. 11. Bicycle Route The Project is required to provide on-site bicycle routes on East Palomar Street and Olympic Parkway as indicated in the regional circulation system of the General Plan and the Otay Ranch GDP. Resolution 2001-291 Page 5 12. Public Buildings Public buildings are not proposed on the Project site as part of the community purpose facility locations. The Project is subject to appropriate residential fees prior to issuance of building permits. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. VIII. CONSISTENCY WITH THE GENERAL PLAN The proposed Project is consistent with the General Plan for the following reasons: A. THE PROPOSED OTAY RANCH VILLAGE FIVE REVISED TENTATIVE SUBDIVISION MAP (C.V.T. 96-04B) IS CONSISTENT WITH THE OTAY RANCH GDP/SRP, AND OTAY RANCH SPA ONE AMENDMENTS, AND IS IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Otay Ranch Village Five Revised Tentative Map (C.V.T. 96-04B) implements the recently approved Otay Ranch Sectional Planning Area (SPA) Plan Amendment, and reflects the land uses, circulation system, open space and recreational uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. B. THE PROPOSED OTAY RANCH VILLAGE FIVE, REVISED TENTATIVE SUBDIVISION MAP (C.V.T. 96-04B) WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The proposed Otay Ranch Village Five Revised Tentative Map (C.V.T. 96-04B) implements the SPA One Plan amendment and SPA One Public Facilities Financing Plan containing provisions and requirements to ensure the orderly, phased development of the project. C. THE PROPOSED OTAY RANCH VILLAGE FIVE, REVISED TENTATIVE SUBDIVISION MAP (C.V.T. 96-04B) IMPLEMENTATION WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY The land uses within Otay Ranch are designed with an open space buffer adjacent to other existing projects, and future developments off-site and within the Otay Ranch SPA One. A comprehensive street network serves the Project and provides for access to off-site adjacent properties. The proposed plan closely follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch Environmental Impact Report(s). IX. CONDITIONS OF APPROVAL Resolution 2001-291 - Page 6 The City Council hereby approves the Project subject to the conditions set forth in Exhibit "B," attached hereto. X. APPROVAL OF TENTATIVE SUBDIVISION MAP The City Council does hereby approve the Project subject to the conditions set forth in Section VII and Section IX listed above and based upon the findings and determinations on the record for this Project. XI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. XII. 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, provisions, 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. Presented by Approved as to form by Robert A. Leiter J~vl. Kaheny Planning and Building Director C~ty Attorney Resolution 2001-291 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 28th day of August, 2001, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Horton~vlayor ATTEST: Susan Bigelow, City Cl~k 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. 2001-291 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 28th day of August, 2001. Executed this 28th day of August, 2001. Susan Bigelow, City Clerl~ CAPRI OTAY RANCH CONDOS VILLAGE 5 (SPA 1) TERESINA APARTMENTS MARIGOLD VISTA NEIGHBORHOOD PARK PRIMROSE CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR I PROJECT DESCRIPTION: T: McMillin Communities Inc. ( SPA ONE AMENDMENT PROJECT Southeast corner of East Palomar ADDRESS: Street & Santa Cora Avenue Request: Propose a commercial and multi-family i residential mixed use development. SCALE: FILE NUMBER: Related Case: PCM-OI-IO, pcm-Ol-11 NORTH No Scale IS-01-035(B) c:\cherryl\locators\isO1035.cdr 6.13.01 tlllIBIT ~ Exhibit "B" Otay Ranch Village Five Revised Tentative Subdivision Map (Red Phase) (C.V.T. 96-04B) CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to the related final map as determined by the Director of Planning and Building and thc City Engineer (b) unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the Applicant shall be required to provide subordination of any prior lien and casement holders in order to ensure that thc City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by thc City Manager or designee. GENERAL/PRELIMINARY 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of thc heirs, successors, assigns and representatives of the Developer as to any or all of thc Property. For purposes of this document the term "Developer" shall also mean "Applicant". 2. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Overall Design Plan; Otay Ranch Sectional Planning Area (SPA) One Plan and supporting documents including: SPA One Public Facilities Finance Plan; SPA One Parks, Recreation, Open Space and Trails Plan; SPA One Affordable Housing Plan and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with thc approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opporttmity to remedy any deficiencies identified by the City. 4. Applicant shall indemnify, protect, defend and hold the City harmless from and against any - and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 5. The Project shall comply with all applicable SPA One conditions of approval, as may be amended from time to time. 6. Any and all agreements that the Applicant is required to enter in heretmder, shall be in a form approved by the City Attorney. 7. The terms, conditions and time limits associated with this tentative map shall be consistent with the Development Agreement approved by Ordinance No. 2679 by the City Council on July 16, 1996 ("Development Agreement") and as amended on October 22, 1996. ENVIRONMENTAL 8. The Applicant shall implement to the satisfaction of the Director of Planning and Building, all applicable environmental mitigation measures identified in E1R 95-01, subsequent EIR 97-03, the CEQA Findings of Fact for this Project (on file in the City Clerk's Office) and the Mitigation Monitoring and Reporting Program for the Otay Ranch SPA One Plan dated October, 1998 (on file in the City Clerk's Office). 9. Prior to the approval of each final "B" Map, the Applicant shall comply with all applicable requirements of the Phase 1 Resource Management Plan (RMP 1), as approved and adopted by the City Cotmcil on October 28, 1993, and Phase 2 Resource Management Plan (RMP2) as approved by the City Council on June 4, 1996 and as may be amended from time to time by the City. 10. Prior to the approval of each final "B" Map, the Applicant shall comply with the Otay Ranch Resource Preserve Conveyance Plan, as approved by the City Council on June 4, 1996. 11. The Applicant shall comply with the terms of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"). l 2. The Applicant shall comply with any applicable requirements of the California Department ofFish and Game, the California State Water Quality Resources Control Board, the U.S. Department offish and Wildlife Service and the U.S. Army Corps of Engineers. 2 SPECIAL CONDITIONS OF APPROVAL 13. The following conditions of approval are based upon the project having multiple Final Maps for the entire subdivision, which shall be referenced hereinafter as "Final 'B' Maps". Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's reasonable satisfaction prior to approval of the first Final 'B' Map. 14. Prior to the issuance of the first building permit for either parcel R-30A or R-30B, a parcel map may be submitted upon request of the City Engineer and subject to the approval of the City Engineer. 15. Prior to approval of the first final "B" map within the tentative map, and upon the request of the City Engineer, the developer may submit and obtain the approval of the City of a master final map ("A" Map) over the portion of the tentative map within each area showing "super block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" map shall also show open space lot dedications, the backbone street dedications and utility easements required to serve the "super block" lots created by this "A" Map. All "super block" lots created by this "A" Map or parcel map shall have access to a dedicated public street. A lot line adjustment, if utilized in accordance with City standards and procedures, shall not be considered the first "A" Map. The "A" Map may contain single- family residential units. 16. The subsequent development of a multi-family lot which does not require the filing of a "B" map shall meet, prior to issuance of a building permit for that lot, all the applicable conditions of approval of the tentative map, as determined by the City Engineer. Construction of non-backbone streets adjacent to multiple-family lots will be required to be constructed under the Municipal Code provisions requiring construction of street improvements under the design review and building issuance permit processes. 17. To the satisfaction of the Director of Planning and Building, the Applicant shall provide 1.7 acres of Conununity Purpose Facility land in their ownership in Village Two in order to fulfill the additional SPA One Community Purpose Facility obligation for the Project. 18. In the event of a filing of a final 'B' map which requires oversizing of the improvements necessary to serve other properties, said final map shall be required to install all necessary improvements to serve the project plus the necessary oversizing of facilities required to serve such other properties (in accordance with the restrictions of state law and City ordinances). DESIGN 19. Any proposed monumentation/signage shall be consistent with the SPA One Village Design Plan and shall be reviewed and subject to the approval of the Director of Planning and Building prior to approval of the appropriate final map. 20. Applicant shall provide stop sign controls, to the satisfaction of the City Engineer, prior to the approval of street improvement plans at Santa Rosa Drive and San Sebastian Avenue, Santa Rosa Drive and Geyserville Street, Geyserville Street and Jamestown Place, Parker Motmtain Court and Jamestown Place, Geyserville Street and Parker Motmtain Court. 21. Applicant shall obtain the approval of the City's Fire Marshal for the timing of construction of all internal streets in the Project. 22. The Applicant shall comply with the requirements of City's Fire Department's policy for Fire Prevention, as may be amended from time to time. In particular, the Applicant shall provide the following items prior to delivery of combustible materials on any construction site on the Project: a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal; and, b. Vehicle access consisting of an asphalt or concrete surface, with a minimum standard width of 20 feet designed to the satisfaction of the City Engineer, and the Director of Public Works; and, c. Street signs installed to the satisfaction of the Department of Public Works. The Department of Public Works and Fire Department may approve temporary street signs. Locations and identification of temporary street signs shall he subject to review and approval by the Department of Public Works and Fire Department. 23. All fire hydrant locations shall be subject to the review and approval of the Fire Marshal. 24. Prior to issuance of building permits for the R-30B, Applicant shall provide a 20-foot wide pedestrian and secondary (emergency) access from the southwest comer of R-30B to Santa Rosa Drive. The ultimate location of said access shall be submitted and subject to the review and approval of the Director of Planning and Building and Fire Marshal. 25. In addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each 150 square feet of slope area, one 1-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and subject to the approval of the Director of Planning and Building prior to approval of the appropriate final map. 26. A comprehensive fence and wall plan for the Project, indicating color, materials, height and location shall be reviewed and subject to the approval of the Director of Planning and Building prior to approval of the first final "B" Map for the Project. Materials and color used shall be compatible and all walls located in comer side-yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a decorative masonry and/or wrought iron material. Prior to submittal of the fence and wall plan, a revised acoustical analysis for Neighborhoods R-30A, R-30B and R~39 shall be prepared by the Applicant and 4 subject to review and approval by the Director of Planning and Building indicating if view fencing, such as a combination of masonry and wrought iron, is allowable at the perimeter of the Project or at any other lots backing up to East Palomar Street, Olympic Parkway, San Sebastian Avenue and at the eastern edge of the Project adjacent to future State Route 125. If such fencing is allowable per the final acoustical analysis it shall be provided at the ends of such streets as determined by the Director of Planning and Building. View fencing shall be provided at thc ends of all other open cul-de-sacs where a sound wall is not required. Any combination free standing/retaining walls shall not exceed 8.5 feet in height. Visible height shall not exceed 6-feet. The Applicant shall submit a detail and/or cross section of the maximum/minimum conditions for all "combination walls" which include retaining and free standing walls. Said detail shall be reviewed and subject to the approval of the Director of Planning and Building prior to the approval of the first final "B" map. The maximum height of all retaining walls shall be 2.5 feet in height when combined with freestanding walls, which are six feet in height. A 2-3 foot separation shall be provided between free standing and retaining walls where the combined height would otherwise exceed 8.5 feet. 27. The developer shall install public facilities in accordance with the Otay Ranch SPA One, Public Facilities Finance Plan (PFFP) 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. STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS 28. Developer shall dedicate for public use all the public streets shown on the tentative map within the subdivision boundary. Prior to the approval of the first map for the Project, the Applicant shall construct or enter into an agreement to construct and secure all street improvements as required by the PFFP, for each particular phase, as may be amended from time to time. The Developer shall construct the public improvements and provide security satisfactory to the City Engineer and City Attorney. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence, schedule, alignment and design o f improvement construction should conditions change to warrant such a revision. 29. Secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the construction and/or construct full street improvements for all on-site and off-site streets as identified in the Otay Ranch SPA One PFFP, as may be amended from time to time deemed necessary to provide service to the subject subdivision. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, traffic signals, signs, landscaping, irrigation, fencing and fire hydrants. Street light locations shall be approved by the City Engineer. Street cross sections shall conform to the cross sections shown on the tentative map, unless otherwise conditioned or approved herein. All other design criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein. 30. As part of the improvement plans associated with the final "B" Map which triggers the installation of the related street improvements, install a fully activated traffic signal including interconnect wiring at the following intersections: a. East Palomar and Olympic Parkway b. East Palomar and Santa Rosa Drive Install underground improvements, standards and luminaries with construction of street improvements, and install mast arms, signal heads and associated equipment as determined by and upon the request of the City Engineer. 31. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher classification streets simultaneously with the associated improvement plans. 32. Construct a temporary turnaround or street improvements, upon the request of and as determined necessary by the City Engineer and Fire Marshal, at the end of temporarily stubbed streets greater than 150 ft. in length (as measured from the nearest street centerline intersection. 33. Design all vertical and horizontal curves and intersection sight distances to conform to the Caltrans Highway Design Manual. All streets, which intersect other streets at or near horizontal or vertical curves must meet intersection design sight distance requirements in accordance with City standards. Sight visibility easements shall be granted as necessary to comply with the requirements in the Caltrans Highway Design Manual and City of Chula Vista policies, where a conflict exists, the City of Chula Vista policies shall prevail. Lighted SAG vertical curves will be permitted, with the approval of the City Engineer, at intersections per AASHTO standards. 34. Waiver Nos. 1 and 2, as indicated on the cover sheet of the tentative map, are approved, subject to the provision that the design speed for horizontal and vertical curves on private streets shall be 25 mph in lieu of 15 mph as provided for in the Chula Vista Subdivision Manual. 35. Enter into an agreement with the City, prior to the approval of the first final map where the developer agrees to the following: a. Ftmd and install Chula Vista transit stop facilities within the tentative map boundary when directed by the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the Village Design Plans and subject to the review and approval of the Directors of Planning and Building and Public Works. b. Not protest the formation of any future regional benefit assessment district to finance the MTDB San Diego Trolley LRT System. 36. The Applicant shall install all street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. Street trees, which have been selected from the revised list of appropriate tree species described in the Village Design Plan, shall be approved by the Director of Planning and Building and Director of Public Works. Prior to the installation of any dry utilities, including but not limited to cable, telephone, gas or electric lines, Applicant agrees to complete preliminary street improvement plans that show the location of all future street trees, which will be subject to the review and approval of the Director of Parks & Recreation and the Director of Planning & Building. Prior to any utility installation, wood stakes shall be placed by the Applicant on site according to approved preliminary street tree plans and shall be painted a bright color and labeled as future street tree location. Applicant further agrees to provide City documentation, acceptable by the Director of Parks and Recreation and the Director of Planning and Building, that all utility companies have been given notice that no dry utility line shall be located within five feet of the wood stake in any direction. Applicant will maintain street tree identification stakes in location as shown on approved preliminary plans until all dry utilities are in place. The Applicant shall provide root control methods per the requirements of the Director of Planning and Building, and provide a deep watering irrigation system for the trees. A street tree improvement plan shall be submitted for review and subject to the approval of the Director of Planning and Building and the City Engineer prior to or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the selection of street trees for the street parkways. 37. The developer shall construct sidewalks and construct pedestrian ramps on all walkways to meet "Americans with Disabilities Act" standards and as approved by the City Engineer. In the event the Federal Government adopts ADA standards for street rights-of-way, which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. 38. Prior to the issuance of any rough grading permit for the Project, the Applicant shall submit a study showing that all curb returns for any intersections in excess of 4% located within the permit boundaries comply with all .a)maericans with Disabilities Act@ standards at the front and back of sidewalks. 39. On streets where cul-de-sacs are 150 feet or less in length, the Applicant shall provide a twenty-foot setback on driveways from property line to garage and sectional roll-up type garage doors except as provided for in the Planned Community District Regulations or approved by the City Engineer and the Director of Planning and Building. 40. Residential Street Condition 'A' as denoted on the cover page of the tentative map is the preferred section and shall be implemented on all residential streets, unless otherwise approved by the City Engineer and Director of Planning and Building. 7 41. The developer shall not install privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of the installation of 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 for an encroachment permit for installation of the private facilities within the public right-of-way. (ii) Maintain membership in an advance notice such as the USA Dig Alert Service. (iii) Mark out any private facilities owned by the developer whenever work is performed in the area. 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. 42. Street names shall be as on the approved tentative map. - 43. The typical cross section of Olympic Parkway including the right-of-way, regional trail, and meandering sidewalks shall conform to the final Olympic Parkway Master Landscape Plan by Estrada Land Planning, lnc, as may be amended fi.om time to time. The Regional Trail shall be located on the north side of Olympic Parkway as determined by the Director of Planning and Building. 44. Alleys openings shall be per San Diego Regional Standard Drawing No. G-17, or City approved modifications thereto. Additional requirements may be imposed by the City on alleys to address specific geometric and other design issues that may arise during the review of the site plan and/or improvements plans for Neighborhood R-39. These requirements shall include but may not be limited to: minimum turning radius for alleys, comer chamfers, alley signage, lighting and unit addressing 8 GRADING AND DRAINAGE 45. Storm drain systems that collect water from private property shall be designated private on grading and drainage and/or improvement plans to the point of connection with a public system or to the point at which storm water that is collected from public street right-of-way, public park or open space areas is first introduced into the system. Downstream from that point, the storm drain system shall be public. An encroachment permit shall be processed and approved by the City for private storm drains within the public right-of-way or within C.F.D. maintained Open Space lots. 46. Submit with grading and drainage and/or improvement plans, as applicable, hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. 47. Prior to the issuance of any grading permit for the project which impacts off-site property, the Applicant shall deliver to the City, a notarized letter of permission to grade and drain signed by the owner(s) of any and all proposed off-site grading. The letter shall clearly state that the off-site property owner has reviewed the subject grading plan and understands the scope of work involved to which he/she is granting permission. The letter shall have an exhibit attached, initialed by the off-site property owner, which clearly shows the proposed off-site grading. 48. Storm drain design shall conform to the requirements of the Subdivision Manual and the Grading Ordinance as may be amended from time to time. 49. Provide improved all-weather access with H-20 loading to all storm drain clean-outs or as otherwise approved by the City Engineer. 50. Provide a setback, as determined by the City Engineer, between the property lines of the proposed lots and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped property or property owned by others. The City Engineer will not approve the creation of any lot that does not meet the required setback. 51. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Director of Planning and Building. 52. Submit a list of proposed lots with the appropriate grading plan indicating whether the structure will be located on fill, cut or a transition between the two situations unless otherwise approved by the City Engineer. 53. Grant on the appropriate final "B" map a 15 feet minimum drainage and access easement for storm drain lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. 9 54. Provide runoff detention basins or other facilities approved by the City Engineer to reduce the quantity of runoff from the development to an amount equal to or less that the present 100-year frequency runoff. 55. Development of the subdivision shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban rtmoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the Applicant shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SW]?PP) 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 fimding mechanisms for post construction control measures. The developer shall comply with all the provisions of the N.P.D.E.S. and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Applicant shall design the Project's storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. 56. 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, subcontractors, or others. The Developer's indemnification shall include any and all costs, expenses, attomey'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 I0 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 nm with the entire land contained within the Project. 57. Storm drain clean outs shall not be located on slopes or in inaccessible areas for maintenance equipment. Public storm drains shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. 58. Brow ditches that cross over slopes greater than 10 feet in height and steeper than 3:1 gradient shall not be allowed. Drainage shall be collected in an inlet and carded via underground storm drain to the bottom of the slope or a drain inlet connected to an underground storm drain. The Applicant shall ensure that brow channels and ditches emanating from and/or running through City Open Space are not routed through private property. Brow ditches and channels from private property shall not be routed through City open space unless approved by the City Engineer. 59. Obtain, prior to approval of the first final "B" Map, the approval of the Director of Public Works of any amendment necessary to make the Master Drainage plan consistent with the approved Tentative Map. Prior to issuance of each grading permit for the Project, prepare and obtain approval by the City Engineer, Director of Planning and Building of an erosion and sedimentation control plan. 60. Indicate on all affected grading plans that all walls, which are to be maintained by open space district's shall be constructed entirely within open space lots dedicated to the City. 61. Unless otherwise provided by the Olympic Parkway Financing and Construction Agreement dated April 20, 1999, prior to issuance of any grading permit for any land that is contained within the Tentative Map and within the Poggi Canyon Basin, the Applicant shall secure the required permits from the Army Corps of Engineers (ACOE) and the California Department ofFish and Game (CDFG). No grading adjacent to the Poggi Canyon shall occur without prior consultation with the City Mitigation Monitor, and the City Engineer. 62. The maintenance road turnaround at the north side of the Poggi Canyon Channel shall be relocated, if necessary and upon request as determined by and to the satisfaction of the City Engineer. SEWER 63. All sewer access points shall be located at the centerline of streets or cul-de-sacs unless otherwise approved by the City Engineer and Director of Public Works. 11 64. Provide sewer access points 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%. 65. Design and construct all sewers ending in a cul-de-sac with a sewer access points placed in the center of the cul-de-sac, unless otherwise approved by the City Engineer. 66. Prior to the approval of the first grading plan for the project, provide an access road with a minimum width of 12 feet to all sanitary sewer access points located outside of a street. The access roadway shall be provided with minimum 6-inch thick PCC pavement with a minimum reinforcement of #4 bars at 18 inches each way, but in no case shall the roadway be designed for less than an H-20 wheel load or other loading as approved by the City Engineer. Sewer lines shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees bom perpendicular to the contours. 67. Grant on the appropriate final "B" Map a 20 feet minimum sewer and access easement for sewer lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. 68. No diversion from the natural boundaries of the Poggi Canyon Sewer Basin will be allowed unless approved by the City Engineer. Only temporary diversion may be approved and only in the event of lack of capacity for the Project in the Poggi Canyon trunk sewer or sewer facilities farther downstream. Prior to the approval of any diversion by pumping to the Telegraph Canyon Basin, the Applicant shall enter into an agreement with the City to finance - the costs associated with the installation, operation, maintenance, repair, replacement and eventual decommissioning and removal of any required pumping station and connection of the Project to the Poggi Canyon trunk sewer (when capacity is available), in accordance with City Council Policy 570-03 (Sewage Pump Station Financing Policy). The Applicant shall pay the Telegraph Canyon Pumped Flow Sewer DIF prior to the issuance of building permits for any dwelling traits in the Project pumping to the Telegraph Canyon Basin. 12 PARKS AND OPEN SPACE 69. The project shall satisfy thc requirements of thc Park Land Dedication Ordinance (PLDO). Thc ordinance establishes a requirement that thc project provide three (3) acres of local parks and related improvements per 1,000 per residents. Local parks are comprised of community parks and neighborhood parks. 70. The Applicant shall agree and acknowledge in writing, prior to the first "A" map and subsequent to this tentative map, that approval of the Project creates an additional 2.61 acres of parkland obligation ("Additional Park Land Obligation"). Thc Applicant's Additional Park Land Obligation shall bc satisfied through thc dedication of Community parkland and the payment of community park improvement fees. 71. Prior to the approval of thc first "B' map for thc Project, the Applicant shall submit and bc subject to the approval of the Director of Parks and Recreation, a community park delivery schedule that demonstrates delivery of thc community park within a time frame deemed reasonable by thc Director of Parks and Recreation. 72. Thc Applicant shall deliver to the City contemporaneously with the first "A" map for thc Project an Irrevocable Offer of Dedication for 2.61 acres of real property for Community Park dedication within the Applicant's property in Village Two in a location acceptable to the Director of Parks and Recreation, or as otherwise determined by the Director of Parks and Recreation. 73. The location of the Additional Parkland Obligation (Community Park) shall be within a services radius of SPA One as defined in the GDP, and deemed acceptable by the Director of Parks and Recreation. The Additional Parkland Obligation (Community Park) may ultimately be aggregated with other parkland, subject to approval by the Director of Parks and Recreation. Upon request of the Director of Planning and Building, the Applicant shall amend the Otay Ranch GDP to reflect the actual location of the community park, and any amendment shall be at the Applicant's expense. 74. Prior to the issuance of the first building permit for either Neighborhood R-30 or R-39, whichever occurs first, Applicant shall complete construction of Heritage Park (P-l) in Village One. "Complete Construction" means that construction of Park P-1 has been completed to the satisfaction of the Director of Parks and Recreation, but shall be prior to and shall not include the City's established maintenance period required prior to acceptance of the park by the City for public use. 75. Within 30 days of approval of this Tentative Map the Applicant shall submit an Amendment to the Otay Ranch Park Agreement ("Agreement") to the Director of Parks and Recreation to incorporate these tentative map conditions. The Applicant shall fully cooperate with the City in the Amendment to the "Agreement" to reflect all applicable current parkland and park improvement obligations. 76. Trails/Open Space: 3.3 a. All trails shall be bonded/secured and constructed with the approved rough grading, - and connect to adjoining existing and/or proposed trails in neighboring development projects, as determined by the Director of Parks and Recreation b. The Applicant shall construct the Regional Trail on the north side of Poggi Canyon (Olympic Parkway) for the entire length of Olympic Parkway in Village One, and shall be designed to incorporate the Olympic Parkway Landscape Master Plan by Estrada Land Planning, Inc. as approved by the City and as amended from time to time, including the "tree planting nodes" as specified in the Olympic Parkway Landscape Master Plan. The Regional Trail shall meander away fi.om the curb as much as possible avoiding the "tree planting nodes". If retaining walls are necessary, they should be kept to a minimum and/or ifa grading solution can be found, retaining walls will not be used to gain additional space for the street corridor. The retaining walls are to be located and detailed on the Grading Plans for Olympic Parkway and/or the Poggi Canyon Drainage Channel, and subject to the approval of the Directors of Planning and Building and Public Works. Slopes gradients may be increased to the maximum permitted in the grading ordinance in limited locations to accommodate the "tree planting nodes" and maintenance access ways. Landform grading policies shall be obseIved. If a combination of low retaining walls and modified landform grading cannot accommodate g-tree planting nodes~ and maintenance access areas, the top of slope shall be adjusted as necessary. g. Prior to the installation of the Regional Trail, install a fence along those portions of the proposed maintenance access roads of the Poggi Canyon Channel, which are proposed to be incorporated into the Regional Trail System. The fence shall be erected only at those locations where its installation will not interfere with the normal channel maintenance. The specific locations where the fence will be allowed and the fence details shall be as determined by the City Engineer and Director of Parks and Recreation. OPEN SPACE/ASSESSMENTS 77. Prior to the approval of the first final "B" Map, the developer shall: a. Submit and obtain approval of a revised Otay Ranch SPA One Maintenance Responsibility Map from the Director of Planning and Building, which shall include delineation of private and public streets. b. Submit evidence, acceptable to the City Engineer and the Director of Planning and Building prior to approval of the first "B" Map of the formation of a Master Homeowner's Association (MHOA), or another financial mechanism acceptable to the City Manager. The MHOA shall be responsible for the maintenance of those landscaping improvements that are not to be included in the proposed Open Space District. The City Engineer and the Director of Planning and Building may require that some of those improvements shall be maintained by the Open Space District. The final determination of which improvements are to be included in the Open Space 14 District and those to be maintained by the MHOA shall be made during the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning and Building require such annexation of future tentative map areas. The MHOA formation documents shall be approved by the City Attorney. 78. Prior to the approval of the first map within the Project, the Applicant shall offer for dedication in fee interest to the City, all numbered open space lots shown on the tentative map. Execute and record an irrevocable offer of dedication of fee interest for each of the lots to be maintained by the City through the open space district. 79. Future property owners shall be notified during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of the MHOA and their estimated annual cost. Developer shall submit the document and obtain the approval of the City Engineer and Director of Planning and Building prior to distribution through escrow. 80. For any open space lot within the project for which a rough grading permit has been issued prior to the approved Landscape and Irrigation plans for such lot, security shall be provided prior to issuance of the rough grading permit, and to the satisfaction of the Director of Planning and Building, City Engineer, City Attorney and Director of Parks and Recreation. 81. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the length of any wall abutting an open space district lot, as measured from face-of-wall to beginning of slope. Said area shall be as approved by the City Engineer and the Director of Planning and Building. 82. Ensure that all buyers of lots adjoining open space lots containing walls maintained by the open space district sign a statement, when purchasing their homes, stipulating that they are aware that the walls are on City property and that they shall not modify or supplement the wall or encroach onto City property. These restrictions shall also be incorporated in the CC&R's for each lot. 83. The developer agrees to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within or adjacent to the subject subdivision. 84. 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 Community Facility District (CFD), 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 and 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, ("Minimum Deposit Amount"), as determined by the City Engineer. Any unused portion of said deposit may be incorporated into the CFD's Reserve Account, or returned to the Developer, according to the following: 15 a. If, six months prior to the scheduled date of acceptance of Landscape and Irrigation - improvements for maintenance by the CFD, the Reserve Account is less than the Minimum Deposit Amount, the difference between these two amounts shall be incorporated into the Reserve Account, or; b. If the Reserve Account is at or above the Minimum Deposit Amount, the unused portion of the deposit may be returned to the Developer in 6 equal monthly increments over the last six month's of the maintenance period if the maintenance is being accomplished to the satisfaction of the Director of Parks and Recreation. UTILITIES 85. Present verification to the City Engineer in the form of a letter from Otay Water District that the subdivision will be provided adequate water service and long-term water storage facilities. 86. All utilities within the subdivision shall be underground in accordance with the Municipal Code. Present verification to the City Engineer in the form of a letter from Sempra Energy, Pacific Bell and/or similar entities and cable service providers that electrical, telephone and cable service distribution facilities within the subdivision will be underground. EASEMENTS 87. Grant to the City a 10' wide easement for general utility purposes along public street frontage of all open space lots offered for dedication to the City unless otherwise approved by the City Engineer. 88. Indicate on all appropriate "B" Maps a reservation of easements to the future Homeowners Association for private storm drain, if any, within open space lots as directed by the City Engineer. Obtain, prior to approval of each final "B" Map, all off-site right-of-way necessary for the installation of the required improvements for that subdivision thereto. The developer shall also provide easements for all on-site and off-site public drainage facilities, sewers, maintenance roads, and any other public facilities necessary to provide service to the subject subdivision. 89. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any final map that proposes private utilities or drainage facilities crossing property lines as directed by the City Engineer. 90. Grant to City on all appropriate final "B" Map two foot access easements along the rear and side property line of lots adjoining walls to be maintained by the open space district. The locations of these easements shall be as required by the Director of Planning and Building and the City Engineer to provide adequate access for maintenance of said walls. 91. Storm drain easements shall be private unless the storm drain systems therein are public. 92. Where a private storm drain easement will parallel a public sewer easement, the easements shall be delineated separately on the final map and on the grading and improvement plans. If any portion of the easements will overlap one another, the City shall have a superior right to the common portion of the easements. 93. Prior to the approval of each final map, the City Engineer may require either the removal or the subordination of any easement, which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way. 94. The developer shall notify the City at least 60 days prior to consideration of the final map by City if any off-site right-of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the developer shall: a. Pay the full cost of acquiring off-site right-of-way and/or easements required by the Conditions of Approval of the tentative map. b. Deposit with the City the estimated cost of acquiring said right-of-way and/or easements. Said estimate to be approved by the City Engineer. c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the final map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. The requirements of a, b, and c above shall be accomplished prior to the approval of the first Final "B" Map. 17 AGREEMENTS/FINANCIAL 95. Enter into a supplemental agreement with the City, prior to approval of each Final Map, where the developer agrees to the £ollowing: a. That the City may withhold bnilding permits for the subject subdivision if any one of the following occur: (i). Regional development threshold limits set by the Chula Vista Transportation Phasing Plan, as mnended from time to time, have been reached or in order to have the Project comply with the Growth Management Program, as may be amended fi.om time to time. (ii). Traffic volnmes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. (iii). The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In snch case, the PFFP may be amended as approved by the City's Director of Planning and Building and the Public Works Director. b. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. To ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Developer agrees that the City of Chula Vista may grant access to cable companies franchised by the City of Chula Vista to place conduit within the City's easement situated within the Project. Developer shall restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may fi.om time to time be issued by the City of Chula Vista. 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 3_8 the Developer of notice of such determination and allow the Developer reasonable time to cure said breach e. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 96. Enter into an supplemental agreement with the City prior to approval of the first final "B" Map, where the developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. 97. The Applicant shall comply with all previous Agreements as they pertain to the tentative map. MISCELLANEOUS 98. Within thirty (30) days of the City Council approval of these map conditions, or prior to the submittal of the first final map for the project, whichever occurs first, the Developer shall submit a digital drawing file of the tentative map in its approved form. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file shall combine all map sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) format and shall contain the following individual layers: a. Subdivision Boundary (closed polygons) b. Lot Lines (closed polygons) c. Street Centeflines (polylines) d. Easements (polylines) e. Street Names (annotation) f. Lot Numbers (annotation) The digital drawing file shall be submitted in accordance with the City Guidelines for Digital Submittal on 3 ½" disks, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. 99. Submit copies of all final maps, grading and improvement plans in a digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file of the final maps shall combine all map sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) format and shall contain the following individual layers: a Subdivision Botmdary (closed polygons) b. Lot Lines (closed polygons) c. Street Centerlines (polylines) d. Easements (polylines) e. Street Names (annotation) fi Lot Numbers (annotation) 19 The final map, grading plan and improvement plan digital files shall also conform to the City of Chula Vista Subdivision Manual requirements therefore. The digital drawing files shall be submitted in accordance with the City Guidelines for Digital Submittal on 3 ½" disks, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. 100. Tie the boundary of the subdivision to the California System-Zone VI (1983). 101. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP), and as they may be amended from time to time, the Applicant shall complete the following: (1) Fund the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPA's and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 102. The owners of each Village shall be responsible for retaining a project manager to coordinate the processing of discretionary permit applications originating from the private sector and submitted to the City of Chula Vista. The project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well-rounded educational background and experience, including but not limited to land use planning and architecture. 103. If developer desires to do certain work on the property after approval of the tentative map but prior to recordation of the applicable final "B" Map, they may do so by obtaining the required approvals and permits from the City. The permits can be approved or denied by the City in accordance with the City=s Municipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., final "B" Map and improvement plans) will be approved. All work performed by the developer prior to approval of the applicable "B" Map shall be at the developers own risk. Prior to permit issuance, the developer shall acknowledge in writing that subsequent submittals (i.e., final "B" Map and improvement plans) may require extensive changes, at developers cost, to work done under such early permit. Prior to the issuance of a permit, the developer shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable final "B" Map does not record. PHASING 104. If phasing is proposed within an individual map or through multiple final maps, the developer shall submit and obtain approval for a development phasing plan by the City - Engineer and Director of Planning and Building prior to approval of any final map. 2O Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning and Building. The City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. The developer agrees that the City Engineer may change the timing of construction of the public facilities. 105. The Public Facility Finance Plan and all revisions thereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and UPdated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. The Otay Ranch SPA One PFFP, at the Applicant's expense and subject to a Reimbursement Agreement, shall be updated no later than six (6) months after the approval of a PFFP for the EastLake III GDP Area, and the conclusions of such update, including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and final maps. Developer agrees that the City Engineer may change the timing of construction of the public facilities. CODE REQUIREMENTS 106. Comply with all applicable sections of thc Chula Vista Municipal Code. Preparation of thc Final Map and all plans shall bc in accordance with thc provisions of thc Subdivision Map Act and thc City of Chula Vista Subdivision Ordinance and Subdivision Manual. 107. Underground all utilities within thc subdivision in accordance with Municipal Code requirements. 108. Pay thc following fccs in accordance with thc City Code and Council Policy, as may be amended from time to time: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees. d. Interim SR-125 impact fee. e. Poggi Canyon Sewer Basin DIF. Pay the amount of said fees in effect at the time of issuance of building permits. 109. 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 demonstxate said compliance as required by the City Engineer. 110. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit the disclosure form for approval by the City Engineer prior to Final Map approval. 111. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 1 ! 2. The Applicant shall comply with all aspects of the City of Chula Vista Landscape Manual. 113. All proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. 114. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (I 9.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). The Applicant acknowledges that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the Applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 115. Upon submittal of building plans for small lot single family (5,000 square feet or less as defined in the City of Chula Vista Design Manual) residential development, plans shall clearly indicate that 750 square feet of private open space will be provided within the subdivision. GUARDED AREAS 22 116. Guarded entrances shall not have physical bamers. Guarded entrances shall be staffed fi'om dusk until dawn, unless the MHOA or the Applicant determines it is economically impractical. Physical barriers shall be prohibited at the entrances to guarded areas unless specifically approved by City Council. 117. Parks located within guarded areas shall not receive park credit. 118. All streets within guarded areas shall be designated as private. Design of said streets shall meet the City standards for public streets unless otherwise approved by the City Engineer. Private street cross sections shall conform to those shown on the tentative map. 119. All private streets within Final "B" Maps shall be included in separate lots. The Applicant shall provide a certificate granting to the City a public utility easement over the entire private street lots on the appropriate Final "B" Map. All private streets shall be owned as an equal and undivided interest by each subsequent property within the subdivision. 120. Guarded entrances shall: a. Require approval by the City Engineer and the Director of Planning and Building. b. Provide sufficient room on the private roadway to queue without interrupting traffic on public streets. c. Provide a turn-around. The size and location of said rum-around shall be approved by the City Engineer. d. Provide a clearly delineated border between public and private streets through the use of distinctive pavements. e. Provide a dedicated parking space for the gate attendant to be shown on appropriate grading and/or improvement plans, which is to be retained as a parking space for so long as the guarded entrance is retained. f. Be equipped with a video camera to record entering and exiting vehicles. 121. Establish Homeowners Associations (HOA) to provide for the maintenance of private open space lots, slope areas, landscape and irrigation and walls within each subdivision prior to the approval of the associated final "B" maps. Submit and obtain approval by the Director of Planning and Building and the City Engineer of the proposed CC&R's for each subdivision prior to the approval of the corresponding final map. 122. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall also include language which states that any proposal by the HOA to allow "speed bumps" in the future shall require prior written approval of 100% of all the Homeowners Association members. 23 123. The MHOA shall be responsible for the maintenance and operation of all facilities within the common areas and streets behind the guarded entrance. The facilities to be maintained include, but are not limited to: pavements, sidewalks, street trees, street lights including power supply, street sweeping, private drainage facilities and landscaping of private common areas. The only facilities, which will be maintained by the City are mainline sewers and public concrete drainage facilities (i.e., pipes, inlets, clean-outs and catch basins).