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HomeMy WebLinkAboutReso 2001-364 RESOLUTION NO. 2001-364 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR VILLAGE ELEVEN OF THE OTAY RANCH WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A," attached hereto and described on Chula Vista Tract 01-11, and is commonly known as Otay Ranch, Village Eleven ("Property"); and WHEREAS, Brookfield Shea Otay, LLC (BSO) ("Applicant") filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as "Otay Ranch Village Eleven, Chula Vista Tract 01-11", ("Project"), with the Planning and Building Department of the City of Chula Vista on June 15, 2001; and WHEREAS, the application requests the approval for the subdivision of approximately 489 acres of land known as "Otay Ranch, Village Eleven" ("Project") located at the eastern edge of the Otay Valley Parcel, between the future extension alignment of Hunte Parkway, Olympic Parkway and Eastlake Parkway; and WHEREAS, the Property is also the subject matter of an amendment to the Otay Ranch General Development Plan (GDP) adopted by City Council by Resolution No. 2001-262; and WHEREAS, the Project was included in the environmental evaluation of said amended GDP, which relied in part on the original Otay Ranch General Development Plan Program Environmental Impact Report 90-01, and the Otay Ranch General Development Plan (GDP) Amendments/Village Eleven SPA Plan Final Second-Tier Environmental Impact Report ("EIR 01-02") (SCH#2001031120) and Addendum thereto, the candidate CEQA Findings and Mitigation Monitoring and Reporting Program; and WHEREAS, the Planning Commission set the time and place for a heating on said Otay Ranch, Village Eleven Tentative Subdivision Map (C.V.T. 01-11) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. September 26, 2001, and October 17, 2001 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission reconunended approval of the Project and said heating was thereafter closed; and WHEREAS, a public heating was scheduled before the City Council of the City of Chula Vista on the Otay Ranch, Village Eleven Tentative Subdivision Map; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD Resolution 2001-364 - Page 2 The proceedings and all evidence introduced before the Planning Commission at their public hearing held on October 17, 2001, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Second- Tier Final EIR 01-02, and Addendum thereto, would have no new effects that were not examined in said Final EIR (Guideline 15168 (c)(2)). III. ACTION The City Council hereby approves the resolution approving the Otay Ranch, Village Eleven Tentative Map, Chula Vista Tract 01-11 involving 489 acres of land known as "Otay Ranch, Village Eleven" in this resolution, finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Village Eleven SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. TENTATiVE SUBDIVISION MAP FIND1NGS Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Otay Ranch Village Eleven Tentative Subdivision Map (C.V.T. 01-11)" as conditioned, attached as Exhibit "B" to this resolution, hereto for Brookfield Shea Otay, LLC (BSO), is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Village Eleven Sectional Planning Area (SPA) Plan, based on the following: 1. Land Use The Project is in a planned community that provides single-family and multi-family residential uses, mixed-use, parks, schools, community purpose facilities and open space and other uses authorized by the Village Eleven Sectional Planning Area (SPA) Plan. 2. Circulation All of the on-site and off-site public and private improvements required to serve the subdivision are part of the project description or are conditioned consistent with the Otay Ranch General Development Plan, and the Village Eleven SPA Plan. The Applicant shall construct those facilities in accordance with City and Otay Ranch Village Eleven SPA Plan standards. 3. Housing An affordable housing agreement between the City and BSO (Master Developer) will be executed subsequent to the approval of the Tentative Map and is applicable to subject Project - providing for low and moderate-income households. Resolution 2001-364 Page 3 4. Parks, Recreation and Open Space Parks, recreation and open space will be conditioned under Tentative Map conditions to provide local Neighborhood parkland on-site and dedicate additional local Community parkland (Applicant obligation) for the Project elsewhere in Otay Ranch. Construction of 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 Village Eleven SPA Geotechnical Reconnaissance Report. 7. Public Safety All public and private facilities are expected to be reachable within the threshold response times for fire and police services. 8. Public Facilities The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major projects in the eastern territories. 9. Noise The Project 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 highway adjacent to the Project. Resolution 2001-364 - Page 4 11. Bicycle Routes The Project is required to provide on-site bicycle routes on the Project as indicated in the regional circulation system of the General Plan and the Otay Ranch GDP. 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. V. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "B," attached hereto. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of thc foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert A. Leiter Jo~n'M. Kaheny Planning and Building Director ~y Attomey Resolution 2001-364 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23ra day of October, 2001, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Padilla Shirley Ho/ton, Mayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2001-364 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 23ra day of October, 2001. Executed this 23rd day of October, 2001. Susan Bigelow, City Clerl~ EASTLAKE TRAILS ~ VISTAS ~ EASTLAKE EASTLAKE GREENS OLYMPIC OTAY RANCH TRAINING VILLAC OTAY RANCH CENTER VILLAGE FREEWAY ~ COMMERCIAl_ ELEVEN ( OTAY RANCH VILLAGE SEVEN PANHANDLE' EASTERN URBAN CENTER OTAY RANCH UNIVERSITY CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT CITY OF CHULA VISTA PROJECT DESCRIPTION:  APPLICANT: PLANNING & BUILDING DEPARTMEN1 SECTIONAL PLANNING AREA (SPA) PLAN PROJECT Otay Ranch, Village 11 AND TENTATIVE SUBDIVISION MAP South of OI topic Parkwa , East of Eastlake Request: Propose a 48g-acre site to include 996 single-fami~J lots; 1.308 ADDRESS: Parkway, ~st of Runte ~arkway multi-family dwelling units; 5,5-acre community purpose facility; 11-acre t elementary school site; 2§.6-acre middle school 8 net acres public park SCALE: FILE NUMBER: sites; 10 acres of mixed use commercial uses; 49 2 acr~s*of open space; NORTH No Scale PCS-01-11 and 662 acres of circulation. ' ' ' j:\home\planning\cherrylc\locators\pcs0111 .cdr 8.28.01 EXHIBIT "A" Exhibit "B" Village Eleven Tentative Subdivision Map (C.V.T. 01-11) 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 the 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 easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAL/PRELIMINARY 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of Xhe Developer as to any or all of the Property. For purposes of this document the term "Developer" shall also mean "Applicant". (Planning) 2. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual, Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan and supporting documents including: Village Eleven Public Facilities Finance Plan; Village Eleven Parks, Recreation, Open Space and Trails Plan; Village Eleven SPA 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 the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. (Planning) 3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. (Planning) 4. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the 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. (Planning) 5. The applicant shall comply with all applicable Village Eleven SPA conditions of approval, (PCM 99-15) as may be amended from time to time. (Planning) 6. Prior to the approval of the first map for the Project, Applicant shall prepare and submit, to the satisfaction of, and as deemed necessary by the Director of Planning and Building, an updated Sectional Planning Area (SPA) Plan, and supporting regulating documents including, but not limited to text, exhibits, and tables for the Village Eleven SPA Plan; Planned Community District Regulations; Village Design Plan; Public Facilities Finance Plan; Affordable Housing Plan Air Quality Improvement Plan; Water Conservation Plan; Non-Renewable Energy Conservation Plan; Parks, Recreation, Open Space and Trails Plan; and applicable environmental documents. (Planning) 7. Any and all agreements that the applicant is required to enter in herefinder, shall be in a form approved by the City Attorney. (Planning) 8. The terms, conditions and time limits associated with this tentative map shall be consistent with the Land Offer Agreement approved by Resolution No. 2000-116 by the City Council on April 11, 2000 ("Land Offer Agreement") and as amended on August 7, 2001. The Developer and City of Chula Vista hereby agrees to comply with the provisions of the Land Offer Agreement and all Amendments thereto, and to remain in compliance with the entire Land Offer Agreement and Amendments for the life of the Agreement. Prior to the first final map for the Project, Applicant shall convey ali land in a manner consistent with and in accordance with the Land Offer Agreement. (Planning) 9. A reserve fund program has been established by Resolution No. 18288 for the funding of the Fiscal Impact of New Development (F.I.N.D.) Model for the Otay Ranch Project. The Applicant shall provide funds to the Reserve Fund as required by the Reserve Fund Program. Pursuant to the provisions of the Growth Management Ordinance ~and the Otay Ranch General Development Plan (GDP), the Applicant shall participate in the funding of the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs in the Project and is to be completed during the second quarter of the following fiscal year. The annual .-.. 2 report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP. (Planning) 0. Prior to approval of the first map, Developer shall enter into an agreement with the City of Chula Vista, wherein Developer acknowledges and agrees that, prior to the construction of SR-125, the City shall stop issuing new building permits for Village 11 when the City, in its sole discretion, determines either: a. Building permits for a total 9429 dwelling units have been issued for projects east of 1-805 (the start date for counting the 9429 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 necessary 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 ~mprovements proposed in these traffic studi~s would be subject to additional environmental reviews as required. The above noted agreement shall nm with the entire land contained within the Project. (Engineering) ! 1. 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"). (Planning) 12. Should any of these conditions conflict with the Olympic Parkway Financing and Construction Agreement approved by Council Resolution 19410, the Olympic Parkway Financing and Construction Agreement shall control. (Planning) ENVIRONMENTAL 13. The Applicant shall implement, to the satisfaction of the Director of Planning and Building, all environmental impact mitigation measures identified in' Final EIR 01-02 (SCH#2001031120), the candidate CEQA Findings and Mitigation Monitoring and Reporting Program (Final EIR 01-02) for this project. (Planning) 14. The Applicant shall comply with all applicable requirements oftheCalifomia Department ofFish and Game, the California State Water Resources Quality Control Board, the U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers. Prior to any activity that may potentially impact biological resources, such as cleating and grubbing, the 3 applicant shall comply with all applicable requirements proscribed in the Otay Ranch GDP/Village Eleven Environmental Impact Report EIR 01-02 (SCH#2001031120), and Mitigation Monitoring and Reporting Program. (Planning) 15. The Applicant shall apply for and receive a take permit/authorization from the U.S. Fish and Wildlife Service and California Department ofFish and Game, or comply with the approved City of Chula Vista MSCP Subarea Plan, whichever is applicable to the Project. (Pk~ 16. Prior to the approval of each final "B" map, the Applicant shall comply with all requirements and policies of the Otay Ranch Resource Management Plan (RMP) as approved by City Council on October 28, 1993, and Otay Ranch, Phase 2 Resource Management Plan (RMP2) as approved by City Council on June 4, 1996, and as may be amended from time to time by the City. (Planning) 17. The applicant shall comply with the requirements and policies of the Otay Ranch Resource Management Plan "Preserve Conveyance Schedule" as approved by City Council on June 4, 1996, as may be amended from time to time. (Planning) 18. Simultaneously with conveyance of land to the POM in fee title or by easement, the Applicant shall cease all cattle grazing on the land to be conveyed. In addition, the Applicant shall ensure through the maintenance of existing fencing or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City, that cattle from adjacent areas cannot access the land being conveyed. (Plann'ing) 19. Prior to the approval of each final "B" map for the Project, Applicant shall comply with all requirements of the Village Eleven SPA Plan Edge Plan and Agricultural Plan. ~ 20. Prior to the approval of the first "A" map for the Project, the Applicant must submit and obtain approval of an application to almex Village Eleven into C.F.D. 97-02 for the maintenance, management, and monitoring of the Otay Ranch Preserve per the requirements of the Otay Ranch Resource Management Plan, Phase 2. (Planning) 21. Prior to the issuance of the first mass grading permit (including clearing and grubbing) for the Project, the Applicant ihall comply with the requirements of the RMP, Phase Two, Range Management Plan to the satisfaction of the Director of Planning and Building. (Planning) 22. The Applicant shall convey fee title, or upon the consent of the Preserve Owner/Manager (POM) and any lien holder, an easement restricting use of the land to those permitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon the recordation of each final map for an amount of land equal to the final map's obligation to convey land to the Preserve. Where an easement is conveyed, the Applicant shall be required to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Applicant shall convey fee title. Where fee title or an easement is conveyed, access to the satisfaction of 4 the POM shall also be conveyed, and each tentative map shall be subject to a condition that the Applicant shall execute a maintenance agreement with the POM stating that it is the responsibility of the Applicant to maintain the conveyed parcel until the Habitat Maintenance District has generated sufficient revenues to enable the POM to assume maintenance responsibilities. Where an easement is granted, each tentative map is subject to a condition that fee title shall be granted upon demand by the POM. The Applicant shall irrevocably offer for dedication to the City or its designee, fee title, upon the recordation of each final map for an amount of land equal to the final map's obligation to convey land to the Preserve. The Applicant shall maintain and manage the conveyed parcel until the Preserve Community Facilities District (CFD) has generated sufficient revenues to enable the POM to assume maintenance and management responsibilities. (Planning) 23. Upon request of the Director of Planning and Building, applicant shall execute a maintenance agreement with the City or its designee for the Otay Ranch Preserve. (Planning) 24. Prior to issuance of all grading permits or any other grant of approval for any landform modification, the applicant shall identify and protect to the satisfaction of the Director of Planning and Building areas of native vegetation, which shall remain undisturbed pursuant to the MSCP, as applicable to the Project. (Planning) SPECIAL CONDITIONS OF APPROVAL 25. The following conditions of approval are based upon the project ha'ding multiple Final Maps for the entire subdivision, which shall be referenced hereinafter as "Final 'B' Maps". A Final "B" Map is defined as a final subdivision or parcel map, filed in accordance with the Subdivision Map Act and the Chula Vista Municipal Code, which proposes to subdivide land into individual single or multi-family lots, or contains a subdivision of the multi-family lots shown on the Tentative Map. The "B" Map shall be in substantial conformance with the related approved final "A" Map. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's reasonable satisfaction prior to approval of the first Final 'B' Map. (Engineering) 26. Prior to approval of the first final "B" map within the tentative map, the developer shall submit and obtain the approval of the City ora 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 lots created by thru A the "super block" lots created by this "A" Map. All "super block" ...... 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. (Engineering) 27. The subsequent development of a multi-family lot which does not require the filing ofa"B" map shall meet, prior to issuance of a building permit for that lot, all the applicable 5 conditions of approval of the tentative map, as determined by the City Engineer. (Engineering) 28. In the event of a filing of a final 'B' map which requires oversizing of the improvements necessary to serve other properties within the Project, said fmal map shall be required to install all necessary improvements to serve the project plus the necessary oversizing of facilities required to serve such other properties (in accordance with the restrictions of state law and City ordinances). (Engineering) DESIGN 29. Any proposed monumentation/signage shall be consistent with the Village Eleven SPA Village Eleven Design Plan and shall be reviewed and approved by the Director of Plarming and Building prior to approval of the appropriate final map. (Planning) 30. In addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each 1,500 square feet of slope area, one 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 approved by the Director of Planning and Building prior to approval of the appropriate final map. (Planning)- 31. Public residential street parkways shall be no less than 7.5 feet in width for the planting area. The Applicant shall plant trees within said parkways which have been selected from the list of appropriate tree species described in the Village Eleven Design Plan and approved by the Directors of Planning and Building, Parks and Recreation and Public Works. The Applicant shall provide root barriers and deep watering irrigation systems for the trees. An irrigation system shall be provided from each individual lot to the adjacent parkway. As a condition of approval of each final map for the applicable neighborhood, the Applicant shall be required to submit Improvement Plans for the residential street parkways for review and approval by the City Engineer, Director of Parks and Recreation and Director of Planning and Building. (Planning) 32. The Applicant shall install all street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. 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. (Engineering, Planning, Parks and Recreation) 33. A comprehensive wall plan for the Project, indicating color, materials, height and location shall be reviewed and approved by the Director of Plarming 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. An acoustical analysis indicating if view fencing, such as a combination of masonry and wrought iron, tubular steel or similar, is allowed within the Project, shall be prepared prior to submittal of the wall plan indicated above. If such fencing is allowable per the final acoustical analysis it shall be provided at the ends of such street~ as determined by the Directors of Public Works and Planning and Building. View fencing shall be provided at the 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 visible height. Visible height of free- standing fences or walls from public right-of-way shall not exceed 6-feet in height. 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 approved by 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 visible height would otherwise exceed 8.5 feet. (Planning) 34. Prior to the issuance of building permits for all 60 foot wide lots (60x 100) in Neighborhoods R-2 and R-3 in the Project, the developer shall limit the number of single-family front street- facing three-car garage door products to a maximum of 23 lots (cumulative total) in Neighborhoods R-2 and R-3 as depicted on the Tentative Map, subject to the approval of the Director of Planning and Building. The developer shall not provide said three-car garage door product design on more than two (2) of the 23 lots (cumulative total), which contain street frontage on Crossroads Street, as depicted on the Tentative Map, subject to the the approval of the Director of Planning and Building. Three-car side-entry garages are prohibited in the Project. Residences 'designed with split garages, as described in the ? Project's Village Design Plan, which provide for doors for three-car garages, shall be subject ~-, to the review and approval of the Director of Planning and Building. 35. The developer shall install public facilities in accordance with the Otay Ranch Village Eleven SPA, 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, schedule, alignment and design of improvemem construction should conditions change to warrant such a revision. (Engineering, Planning) PUBLIC FACILITIES, UTILITIES, IMPROVEMENTS AND PHASING (Streets, Transit, Sewer, Water, Drainage~ Grading) 36. Developer shall dedicate for public use all the public streets shown on the tentative map within the subdivision boundary. Prior to the approval of the first "A" map, 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. (Engineering) 37. 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 b~ subject to approval of ~' the City Engineer. (Engineering) 38. Construct energy dissipaters at all storm drain outlets as required by the City Engineer to maintain non-erosive flow velocities. (Engineering) 39. 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) 40. Applicant shall secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the construction and/or construct full street improvements for all on-site and off- site streets as identified in the Otay Ranch Village Eleven SPA PFFP, as may be amended from time to time as deemed necessary to provide service to the subject subdivision. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilitie's, drainage facilities, street lights, traffic signals, signs, landscaping, irrigation, fencing and fire hydrants. Street light locations shall be subject to the approval of the City Engineer. (Engineering) 4l. Street Improvement Plans for Hunte Parkway, shall provide for street lights on Hunte Parkway, adjacent to the Otay Ranch Preserve which shall include cut-off glare-control devices to direct illumination away from the Preserve area adjacent to Salt Creek to the ~ satisfaction of the City Engineer and the Director of Planning and Building. (Planning) 8 42. The amount of the security for required improvements shall be 110% times a construction cost estimate approved by the City Engineer if improvement plans have been approved by the City, t50% times the approved cost estimate if improvement plans are being processed by the City or 200% times 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) 43. Upon: 1) approval of the final map that triggers the Cumulative DU's, ("Table 'A") below; or, 2) approval of the first map for a specific Planning Area, (Table'B") below, whichever occurs earlier, consistent with the Village Eleven PFFP, as may be amended from time to time, Developer shall construct or enter into an agreement to construct and secure, in accordance with Section l 8.16.220 of the Municipal Code, the required street improvements: (Engineering) Table "A" Village 11 Public Facilities Matrix Public facilities required to be constructed by Village 11 and cumulative unit triggers Facility Description Roadway Unit · Triggers (DU) 1 Olympic Parkway, SR 125 to Hunte Pkwy 1 2a Eastlake Parkway, SDG&E Easement to Olympic Pkwy 1856 2b Eastlake Parkway, Olympic Parkway to North Village Entry 1 2c Eastlake Parkway, North Village Entry to Birch Dr. 533 2d Eastlake Parkway, Birch Road to Hunte Pkwy 1446 3 Birch Road, La media Road to Eastlake Parkway 1856 4a Hunte parkway, Olympic Parkway to North project Access 1 4b Hunte Pkwy., North Project Access to south of SDG&E easement 1446 4c Hunte Pkwy., North of SDG&E easement to Eastlake Parkway 1446 5 La Media Road: Birch Road to Olympic Pkwy 1856 6 Internal link between R-I and R4 1 533 7 Otay Lakes Road, E. H street to Telegraph Cyn Rd. (widen to 6 anes if SR-125 is not constructed prior to 2005) 944 Table ,,B,, Village I 1 Specific Planning Area Triggers Phase Neighborhood Roadway required for Access Area ~.oadway ("A") or Frontage ("F") 1 R-7 1,4a A,F I R-4 1, 4a A, F 1 R-2 1, 4a A, F 1 P-2 1, 4a A I R-1 1, 4a A, F 1 R-20 1, 2b A, F I R-23 1, 2b A, F 2 R-24 1, 2b, 2c, 6 A, F 2 R-25 1, 2b, 2c, 6 A, F 2 R-21 1, 2b, 2c, 6 A 2 R-22 1, 2b, 2c, 6 A I P-1 1, 2b, 2c, 6 A 2 P-3 I, 2b, 2c, 6 A 2 S-I 1, 2b, 2c, 6 A 2 CPF 1, 2b, 2c, 6 A 2 P-4 1, 2b, 2c, 6 A 2 MU-1 t, 2b, 2c, 2d, 6 A, F 2 R-5 1, 4a, 4b, 6 A 2 R-8 1, 4a, 4b, 6 A, F 2 R-6 1, 4a, 4b, 6 A 2 R-9 1,4a, 4b, 6 A, F 2 R-10 1, 4a, 4b, 6 A,F 2 R-3 1, 4a, 4b, 6 A 3 R-11 1, 2b, 2c, 2d, 4a, 4b, 4c, 6 A 3 R-13 I, 2b, 2c, 2d, 4a, 4b, 4c, 6 A 3 R-15 1,2b, 2c, 2d, 4a, 4b, 4c, 6 A,F 3 R-16 1, 2b, 2c, 2d, 4a, 4b, 4c, 6 A, F 3 R-14 1, 2b, 2c, 2d, 4a, 4b, 4c, 6 A 3 R-12 1, 2b, 2c, 2d, 4a, 4b, 4c, 6 A 3 R-18 1, 2b, 2c, 2d, 4a, 4b, 4c, 6 A 3 R-19 1, 2b, 2c, 2d, 4a, 4b, 4c, 6 A, F 3 S-2 1, 2b, 2c, 2d, 4a, 4b, 4c, 6 A, F 3 R-17 1, 2b, 2c, 2d, 4a, 4b, 4c, 6 A, F 44. Street cross sections shall conform to the cross sections shown on the tentative map, unless otherwise conditioned or approved herein. All other design criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein. (Engineering) 45. The Applicant shall participate in the funding of revisions of the Public Facilities Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed and requested by the City Manager or his designee and subject to the approval of the City Council. The Applicant will receive appropriate credit for such participation. (Engineering) 46. Prior to approval of the final map which triggers the installation of the related street improvements, the applicant shall enter into an agreement to the satisfaction of the City Engineer to construct and secure a fully activated traffic signal including interconnected wiring at the following intersections: PRIOR TO THE APPROVAL OF THE INTERSECTIONS FIRST MAP FOR PHASE: · Olympic Parkway and Eastlake Parkway I · Olympic Parkway and Hunte Parkway; · Olympic Parkway and "A"street; · Olympic Parkway "E" street. · Eastlake Parkway and North Village Entry 2 · Eastlake Parkway and Birch Road · Hunte Parkway and 'T' street; · Hunte Parkway and "H" street. ,, Hunte Parkway and Eastlake Parkway 3 · Hunte Parkway and "C" street · Hunte Parkway and "D" street The applicant shall fully design the aforementioned traffic signal in conjunction*with the improvement plans for the related streets. The developer shall install underground improvements, standards and luminaries in conjunction with the construction of the applicable street improvements. In addition, the applicant shall install mast arm, signal heads, and associated equipment when traffic signals warrant as determined by the City Engineer. (Engineering) 47. 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. (Engineering) 48. The Applicant shall comply with the Fire Department's codes and policies for Fire Prevention, as may be amended from time to time. Prior to the issuance of any building permit(s) for the Project, 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. b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 20 feet. c. Street signs installed to the satisfaction of the Department _of Public Works. Temporary street signs shall be subject to the approval of the Department of Public Works and Fire Department. Locations and identification of temporary street signs shall be subject to review and approval by the Department of Public Works and Fire Department. (Fire, Planning, Engineering) 49. Applicant shall obtain the approval of the City's Fire Marshal for the timing of construction of all internal streets in the Project. (Fire, Planning, Engineering) 50. In addition to those fire hydrants depicted on the tentative map, the applicant shall install additional fire hydrants upon request and to the to the satisfaction of the Fire Department. (Fire, Planning, Engineering) 51. Construct a temporary turnaround or street improvements, upon the request of and as determined necessary by the City Engineer and Fire Marshal, at the end of temporarily stubbed streets greater than 150 ft. in length (as measured from the nearest street centerline intersection). (Engineering) 52. 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 may be permitted, with the approval of the City Engineer, at intersections per AASHTO standards. (Engineering) 53. Prior to approval of each final map, the Engineer-of-Work shall submit and obtain approval by the City Engineer a waiver request for all subdivision design items not specifically waived on the Tentative Map, and not conforming to adopted City standards. The Engineer-of-work request shall outline the requested subdivision design deviations from adopted City standards and state that in his/her professional opinion, no safety issues will be compromised. The waiver is subject to approval by the City Engineer in the City Engineer's sole discretion. (Engineering) 54. Waiver Nos. 4 and 6 acknowledge that lighted sag vertical curves and super elevations on streets may be allowed with approval of the City Engineer on a case by case basis. Also the Engineer of work shall submit a design waiver to the City Engineer stating the deviations 3_2 from City standards and explaining that, in his/her professional opinion, no safety considerations will be compromised. Waiver Nos. 1 through 3, 5 and 7 through 11 are approved as requested on the tentative map. (Engineering) 55. Prior to approval of all final maps, which includes a school site (S-l, S-2) for the Project, Applicant shall agree to construct and secure, and thereafter construct and secure, to the satisfaction of the City Engineer, the following improvements: a. All necessary improvements for providing ingress and egress to each school site. This requirement shall also include but is not limited to any required modification to medians, storm drainage system, street lights, and irrigation improvements; and, b. If warranted and upon the request of the City engineer, traffic signal improvements for providing vehicular ingress and egress to the School site. (Engineering) 56. Applicant shall enter into an agreement with the City, prior to the approval of the first map whereby the developer agrees to the following: a. Fund and install Chula Vista transit stop facilities within the tentative map boundary when directed by the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the Village Eleven Design Plan and Village Eleven PFFP and as approved by the Directors of Planning and Building and Public Works. b. Not protest the formation of any future regional benefit assessment district to finance the MTDB San Diego Trolley LRT System. (Engineering) 57. 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. (Engineering) 58. The Applicant shall provide a pedestrian bridge connecting Village Eleven to the Eastern Urban Center (Planning Area 12) crossing (east- west) over Eastlake Parkway just north of Hunte Parkway, as follows: a. Prior to approval of the first map for the Project, the Applicant shall fund the preliminary design of said bridge and identify and establish the funding mechanism to be used to fund half of the cost of constructing said pedestrian bridge; and, b. Prior to approval of the first map for the Project, Applicant Shall provide the preliminary design of said bridge, and shall obtain the approval of the Directors of Publie Works and Planning and Building; and, c. The timing of the construction of said bridge will be determined by the City, consistent with the requirements of Village Eleven SPA Plan, Public Facilities Financing Plan (PFFP), as may amended from time to time, and development of the Eastern Urban Center in Planning Area 12; and, d. The bridge shall be constructed in a location as directed by the Directors of Planning and Building and Public Works. (Planning, Engineering) 59. The Applicant shall provide a pedestrian bridge connecting Village Eleven to the University Site (Village Ten) crossing (north- south) over Htmte Parkway between Neighborhoods R- 16 and R- 17 as depicted on the Parks, Recreation, Open Space and Trails Plan in the Village Eleven SPA Plan, as follows: a. Prior to approval of/he first map for the Project, the Applicant shall fund the preliminary design of said bridge and identify and establish the funding mechanism to be used to fund half of the cost of constructing said pedestrian bridge; and, ' b. Prior to approval of the first map for the Project, Applicant shall provide the ~_~ preliminary design of said bridge, and shall obtain the approval of the Directors of Public Works and Planning and Building; and, c. The timing of the construction of said bridge will be determined by the City, consistent with the requirements of Village Eleven SPA Plan, Public Facilities Financing Plan (PFFP), as may amended from time to time, and development of the University site or Village Ten; and, d. The bridge shall be constructed in a location as directed by the Directors of Planning and Building and Public Works. (Engineering, Planning) 60. The Applicant shall not install privately owned water, reclaimed water, or other utilities crossing any public street. The installation of sleeves for future construction of privately owned facilities may be allowed subject to the review and approval of the City Engineer if the following is accomplished: a. The developer enters into an agreement with the City where the developer agrees to the following: i. Apply for an encroachment permit for installation of the private facilities within the public right-of-way; and, 14 ii. Maintain membership in an advance notice such as the USA Dig Alert Service; and, iii. Mark out any private facilities owned by the developer whenever work is performed in the area; and, iv. The terms of this agreement shall be binding upon the successors and assigns of the developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. (Engineering) 61. Street names shall be as on the approved tentative map, or as otherwise approved by the Director of Planning and Building and City Engineer. (Planning, Engineering) 62. Prior to issuance of any grading permit based on plans proposing the creation of down slopes adjacent to public or private streets, Applicant shall obtain the City Engineer's approval of a study to determine the necessity of providing guardrail improvements at those locations. Applicant shall construct and secure any required guardrail improvements in conjunction with the associated grading and/or construction permit as determined by and to the satisfaction of the City Engineer. The guardrail shall be installed per CalTrans Traffic Manual and Roadside Design Guide requirements to the satisfaction of the City Engineer. (Engineering) 63. Prior to approval of each final map, Applicant shall agree to install permanent street name signs, and shall install such signs prior to the issuance of the first building permit for the applicable final map. (Engineering) 64. Applicant shall construct and secure the installation of ten permanent traffic count stations, subject to the approval of the City Engineer, as indicated below: Traffic count station Construct and secure construction General location prior to approval of Hunte Parkway (4 count stations) Final map that triggers construction of Hunte Parkway Olympic Parkway- (4 count station) Final map that triggers construction of Facility # 1, Olympic Parkway Birch Road (2 count stations) Final map that triggers construction of Birch Road The traffic count stations shall be installed at such specific locations as determined by the City Engineer during processing of the applicable improvement plans. (Engineering) GRADING AND DRAINAGE 65. Developer shall install water-tight joints for storm drains exceeding 20' in depth within the park site P-1. Developer shall provide storm drain access along the west side of the SDG&E easement from Olympic Parkway to Winding Walk Street. Applicant shall not construct storm drains through Park P~I unless there is a City of Chula Vista Public Works Inspector on-site during all construction activities. No park credit shall be granted to the developer for the area of the storm drain within the park site P-1 (approximately 30~ wide storm drain area). (Engineering) 66. Prior to approval of the first map for the Project, the Applicant shall establish and fund a monitoring program for the purpose of monitoring all off-site drainage and erosion protection from Village Eleven subject to the approval of the Regional Water Quality Control Board and the City Engineer. If off-site drainage and erosion protection is required as determined by the Regional Water Quality Control Board or the City Engineer, the Applicant shall at its · own cost, process and obtain any Resource or like Agencies permits and install drainage and erosion protection facilities to the satisfaction of the City Engineer. The Applicant shall provide drainage improvements in accordance with the Master Drainage Plan for Otay Ranch Village Eleven SPA, dated January 25, 2001, or as otherwise approved by the Director of Public Works. The Applicant shall maintain all such drainage improvements until said improvements are formally accepted by the applicable maintenance district, or other mechanism as approved by the City. Said maintenance shall ensure that drainage facilities will continue to operate as designed. (Engineering) 67. Prior to approval of any grading permit or any other grant of approval for constructing the proposed retention/detention basins, whichever occurs earlier, the Applicant shall demonstrate, to the satisfaction of the City Engineer, that the design of the proposed retention/detention basins would reduce the 5-, 10-, 25-, 50- and 100-year post-development peak flows, to an amount not exceeding pre-development conditions. (Engineering) 68. The quantity of runoff from the development shall be reduced to an amount equal to or less than the pre-development 5-, 10-, 25-, 50- and 100-year frequency storm. Retention/detention facilities and water quality basins will be constructed to the satisfaction of the Director of Public Works to reduce the quantity of runoff to an amount equal to or less than the pre-development flows. Said retention/detention facilities and water quality basins shall be designed per the City's subdivision manual, constructed by the Applicant and maintained by the HOA, or other mechanism as approved by the City. The Applicant shall also process and obtain any Resource or like Agencies permits for said facilities. (Engineering) 69. Prior to transfer of responsibility of maintenance of any basins on the Project, and release of the grading bond, Applicant shall obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency revising the current National Flood Insurance Program Maps to reflect the effect of the drainage improvements. It shall be the responsibility of the 16 Applicant to revise the flood plain map to reflect all modifications and to ensure that no proposed lot will be created in said flood plain. (Engineering) 70. 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 p6int 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 permi[shall be processed and approved by the City for private storm drains within the public right-of-way or within C.F.D. maintained Open Space lots. (Engineering) 71. Submit with grading and drainage and/or improvement plans, as applicable, hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. (Engineering) 72. Prior to the issuance of any grading permit which impacts off-site property, the applicant shall deliver to the City, a notarized letter of permission to grade and drain for all off-site grading. (Engineering) 73. Storm drain design shall conform to the requirements of the Subdivision Manual and the Grading Ordinance as may be amended from time to time. (Engineering) 74. Provide improved all-weather access with H-20 loading to all public storm drain clean-outs or as otherwise approved by the City Engineer. (Engineering) 75. Provide a minimum of 6-inch thick PCC (reinforced with #4 BAR at 18" on center each way) designed for H-20 loading and heavy broom finish for thos6 access road to retention/detention basins with grades of 10% or greater. All other access roads 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 at 18" on center each way) designed for H-20 loading with a heavy broom finish. (Engineering) 76. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Director of Planning and Building. (Engineering) 77. Grant on the appropriate final "B" map a 15 feet minimum drainage and access easement for public storm drain lines located between residential units unless otherwise directed by the City Engineer. All other public easements shall meet City standards for required width. (Engineering) 78. 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 runoff and storm water discharge and any regulations adopted by the City of chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the applicant shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The developer 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. The Sun Diego Regional Water Quality Control Board has issued a new Municipal Storm Water Permit (Order No. 2001-01). The permit includes regulations such as implementation of Standard Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new residential development. The applicant shall comply with all relevant City regulations, when they become effective, including but not limited to incorporation into the design and implementation of the Project temporary and permanent structural Best Management Practices and non-structural mitigation measures that would reduce pollution of storm water runoff to the maximum extent practicable. (Engineering) 79. Submit to and obtain approval from the City Engineer and Director of Parks and Recreation for an erosion and sedimentation control plan as part of grading plans. (Engineering, Parks & Recreation) 80. Storm drain clean outs shall not be located on slopes or in inaccessible areas for maintenance equipment. Public storm drains shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. (Engineering) 81. 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 carried via underground storm drain to the bottom of the slope or a drain inlet connected to an underground storm drain. The applicant shall ensure that brow channels and ditches emanating from and/or running through City Open Space are not routed through private property. Brow ditches and channels from private property shall not be routed through City open space unless approved by the City Engineer. (Engineering) 82. Indicate on all affected grading plans that all walls, which are to be maintained by open space districts shall be constructed entirely within open space lots dedicated to the City. (Engineering) 83. Prior to issuance of the Project's first mass grading permit, provide a study showing that the proposed quantities of earthwork will balance for each phase. This study shall incorporate the most recent Project design information for said phase. (Engineering) 84. Prior to approval of mass grading plans, submit a detailed hydraulic study analyzing the erosion potential' of the off-site canyon downstream of the proposed 84" storm drain (between Hunte Parkway and Salt Creek). Said study shall make recommendations satisfactory to the Director of Public Works to lower the velocities ofth_e 5-, 10-, 25-, 50-, and 100 year flows such that a Registered Soils Engineer agrees that the flow velocities will not permit excessive erosion to the canyon given the soil type and proposed recommendations. (Engineering) 85. Prior to approval of the first map for the Project, the Applicant shall provide letters to the satisfaction of the City Engineer from San Diego Gas and Electric (SDG&E) and San Diego County Water Authority (SDCWA) acknowledging the crossing of utilities as shown on the on the Tentative Map and on the Interim Pump Sewer alternative. The Applicant shall enter into a Joint Use agreement with the City, SDG&E and SDCWA in a form acceptable to the City Attorney for all public facilities crossing the SDG&E and SDCWA easements prior to the approval of the first final map, which includes these facilities. Such Agreement shall provide the City with prior rights for its Right-of-Way, which crosses the easements. The Applicant shall be responsible for any payment to SDG&E and SDCWA to ensure that the City has prior rights for any Right of Way crossing the SDG&E and SDCWA easements. (Engineering) 86. Prior to mass grading permit the developer shall provide an executed joint use agreement for all areas where City right of way or City facilities will cross an existing easement owned by the San Diego County Water Authority, SDG&E, and like agency. Work proposed within another agency's easement will require the agencies signature on the applicable plans prior to permit issuance. (i.e. Landscape and Irrigation, Grading and or Improvement Plans) (Engineering) 87. 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 Parks and Recreation. 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, Parks & Recreation) 88. 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 by the City Engineer. (Engineering) 89. Provide a setback, as determined by the City Engineer based, on Applicant's Soils Engineer recommendations, between the property lines of the proposed lots and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped property or property owned by others. The City Engineer will not approve the creation of any lot that does not meet the required setback. (Engineering) 90. Design and construct the inclination of each cut or fills surface resulting in a slope no steeper than 2:1 (two horizontal to one vertical) except for minor slopes as herein defined. All constmcted minor slopes shall be designed for proper stability considering both geological and soil properties. A minor slope may be constructed no steeper than one and one-half horizontal to one ~ertical (1.5:1) contingent upon: a. Submission of reports by both a soils engineer and a certified engineering geologist containing the results of surface and subsurface 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; and, b.The installation of an approved special slope planting program and irrigation system; and, 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) 91. Construct temporary de-silting 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) 92. Dry weather study titled "Otay Ranch, Village Eleven Dry Weather RunoffAnalysis" dated July 6, 2001, as amended from time to time, shall be implemented such that: 93. Dry weather flows detention period does not exceed 72 hrs. 94. Dry weather post-developed conditions for Salt Creek shall be the same as pre-developed conditions. (Engineering) 95. Prior to the issuance of a grading permit for an area containing a deep-storm drain, the Applicant shall submit manufacturer specifications for deep storm drain (20'+) and obtain the approval of the City. (Engineering) 96. Developer shall obtain approval from all applicable permitting agencies, including but not limited to FEMA, prior to any work within each of the agencies jurisdiction. All mitigation requirements will be the responsibility of the Developer. (Engineering) 97. Developer will submit a drainage study to the satisfaction of the City Engineer for each mass-grading phase showing that the interim conditions do not adversely impact downstream flows. (Engineering) 2O 98. Prior to issuance of grading permits, applicant shall demonstrate that the grading plans are in substantial compliance with the grading concepts outlined in the Village Eleven Plan consistent with the landform grading policies described in the City's General Plan. Said grading concepts will ensure that manufactured slopes are contoured to blend with and reflect adjacent natural slopes. (Engineering, Planning & Building) 99. Prior to approval of the first 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 Basin, 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 hut 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 and schedule 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 applicant 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 parties agree 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: (a) maintenance of such facilities is assumed by the City, open space district or Master Homeowner's Association, or; (b) the City determines all erosion protection plantings are adequately established. ii) Provide for the removal of siltation, attributable to the Project, from 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 resource agencies, detention basins, and water quality treatment facilities until 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 Director of Parks and Recreation. iii) Provide for the removal of any siltation resulting from 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 five years after maintenance of such facility is accepted by the City or an appropriate Maintenance District. d. Developer shall provide security, satisfactory to the City Engineer, guaranteeing the performance of the aforementioned maintenance and siltation removal obligations. (Engineering) 100. Prior to the approval of the first map for the Project, or issuance of the first grading permit for the Project, whichever occurs earlier, Applicant shall enter into an agreement with the City of Chula Vista, wherein the Applicant agrees to the following: a. Comply with the requirements of the 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 Applicant, any agent or employee, subcontractors, or others. The applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. c. That the City Engineer may require incorporation of Standard Urban Storm 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 22 right of any person to vote in a secret ballot election. Such Applicant obligation may be reassigned to a Master Homeowner's Association or other appropriate Maintenance Distric~r subject to the approval of the City Engineer. (Engineering) SEVOgR 101. Sewer access points shall, unless otherwise approved by the City Engineer and the Director of Public Works: 102. Be located at the centerline of streets or cul-de-sacs; and, 103. Not be located on slopes or in inaccessible areas of maintenance equipment; and, 104. Not be in the wheel tracks on Class I Collector Streets and above; and, 105. Meet Regional Standard Drawing M-4 (Locking) if located within intersections of Class I Collectors and above; and, 106. Have improved all-weather paved 12-foot wide minimum access to withstand a H-20 vehicle load as approved by the Director of Public Works; and, 107. Be provided at all changes of alignment of grade (Engineering) 108. Prior to approval of any final map or any other grant of approval for any improvement proposing to pump Village 11 sewage flows to Poggi Canyon sewer trunk, 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: i. Construction of pump station improvements and associated facilities necessary to pump sewage flows to the Poggi Canyon sewer think. ii. Removal, or other acceptable method of abandonment, of any existing, new, and/or modified pump stations, force mains, 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 Interceptor, to the satisfaction of the City Engineer, upon completion 23 of the Salt Creek Sewer Intemeptor. 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 trunks, as determined by the City Engineer. d. Participate in 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 will be prepared by the City, as directed by the City Engineer, and approved by Council prior to approval of the first map, or as otherwise approved by the City Engineer, proposing to pump sewage flows to the Poggi Canyon sewer think. The Applicant will receive appropriate credit for such participation. e. Participate in the necessary funding for implementing a Poggi C~nyon sewer trunk- monitoring program, as determined by the City Engineer. f. Provide an all-weather, 12-foot wide, H-20 loaded access road above all force mains to the satisfaction of the City Engineer. (Engineering) 109. The Applicant shall pay fees in accordance with applicable City of Chula Vista ordinances, or provide trunk sewer improvements to Salt Creek Trunk Sewer as indicated in the report entitled "Overview of Sewer Service for Village Eleven SPA at the Otay Ranch Project" (Village Eleven SPA Sewer Report) prepared by Wilson Engineering dated March, 2001, or as amended by the Applicant and approved by the Director of Public Works. The Village Eleven SPA Sewer Report shall be consistent with the approved SPA Plan. The Applicant shall be responsible for obtaining the approval of any amendment to the Village Eleven SPA Sewer Report in order for the Village Eleven SPA Sewer Report to be consistent with the approved SPA Plan prior to the approval of the first map. (Engineering) 110. Prior to the approval of the first map for the Project, Developer shall grant the City an easement, satisfactory to the City Engineer for the Salt Creek Sewer Main along Reaches 3 and 4. (Engineering) 111. Sewers serving 10 or less equivalent dwelling units shall have a minimum grade of 1%. Sewer lines shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. (Engineering) 112. Prior to approval of any final map or any other grant of approval for any improvement proposing to pump Village Eleven flows to the Poggi Canyon sewer trunk, the City Engineer, at his/her sole discretion, shall determine the extent of those improvements to be provided by Applicant for pumping Village 11 sewage flows consistent with: a. The requirements of Council Policy No. 570-03; and, 24 b. The Preliminary Offsite Sewer Study for Eastlake III prepared by John Powell & Associates Inc. dated November 2000 and revised January 3,2001 (see Attachment I of Subsequent Final EIR # 01- 02). The City Engineer may require the Developer to amend said study, to show that additional pumped flows can be accommodated as evidenced by monitoring; and, c. The City Memorandum dated February 19, 2001 (see Attachment I of Subsequent Final EIR # 01-02); and, d. The EIR, which restricts pumping to a maximum of 533 dwelling units within Phase One of the Project. After the issuance of a building permit for the 533rd dwelling unit, the Project shall not be allowed to pump Village Eleven flows for any additional units. 113. Grant on the appropriate final "B" Map a 20-foot minimum sewer and access easement for sewer lines located between residential units unless otherwise directed by the City Engineer. Ail other easements shall meet City standards for required width. (Engineering) PARKS AND OPEN SPACE 114. The Village Eleven Project shall satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. The Project's Neighborhood Park portion of the local park requirement shall be satisfied through the provision of a 7.0 net-acre Neighborhood Park (P-l). The remaining requirement shall be satisfied in a future Community Park through the payment of fees, dedication of land, or a combination thereof in a manner acceptable to the Director of Parks and Recreation. (Parks and Recreation) 115. Prior to approval of the first "A" Map for the Project, Applicant shall provide an Irrevocable Offer of Dedication (IOD) to the City, in a form approved by the City Attorney, for the project park site identified as (P-1). 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 applicant is based on net usable park acreage as determined solely by Director of Parks and Recreation. Applicant shall provide an all ~veather access road to the park site to the satisfaction of the Fire Marshal and Chief of Police and at no cost to the City, upon request from the Director of Parks and Recreation. (Parks and Recreation) 116. Prior to approval of each final "B" Map, or, prior to issuance of building permits for condominiums, community apartments, or stock-cooperatives not requiring the filing of a final "B" Map, the Applicant shall pay all applicable parkland acquisition and development 25 fees (PAD Fees) to the City in accordance with C.V.M.C Chapter 17.10. (Parks and Recreation) 117. Prior to approval of the first "A" map for the Project, the applicant shall submit a letter to the Director of Parks and Recreation acknowledging that the City is in the process of preparing and adopting a City-wide Parks Master Plan, and agreeing 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) 118. Prior to the Approval of the first "A" Map for the Project, Applicant shall enter into an agreement with the City wherein Applicant agrees to comply with the following schedule for commencement of construction and delivery to the City of the project's park (P-l): a. Prior to issuance of a building permit for the 360'h dwelling unit for the Project, Applicant shall have commenced construction of Project's Park (P-l), to the satisfaction of the Director of Parks and Recreation. Applicant shall complete construction of the park within nine (9) 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. Prior to commencement of park construction, Applicant shall prepare, submit and obtain the approval from the Director of Parks and Recreation, City Engineer of a Park Master Plan for the Project and prepare, submit and obtain the approval from the Director of Parks and Recreation of park construction documents and improvement bonds. 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. (Parks and Recreation) 119. Applicant 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. (Parks and Recreation, Engineering) 120. Applicant shall install underground utilities to the property line of the Project's park site (P- 1) to the satisfaction of the Director of Parks & Recreation and the City Engineer concurrently with the installation of underground utilities for any portion of the Project adjacent to the park site or upon request of the Parks and Recreation Director, whichever occurs earlier. (Parks and Recreation, Engineering) 121. Developer agrees that at no time shall there be a deficit in "constructed neighborhood park". Developer further agrees that the City may withhold the issuance of building permits for the 26 Project, should said deficit occur. For purposes of this paragraph the term "constructed neighborhood park" shall mean the construction of the park has been completed and accepted by the City as being in compliance with the Park 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) 22. All local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Planning and Building Department specifications and policies. (Parks and Recreation) 123. Upon request of the Director of Parks and Recreation, the applicant shall 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 neighborhood park (P-l). The Director of Parks and Recreation shall have the right to select the design consultant(s), to be funded by the applicant. The cost for the consultant(s) shall be established and said amount deposited into an account prior to any work being initiated by the consultant. All design work products shall reflect the then current requirements of the City's Municipal Code, Department of Parks and Recreations policies, the City of Chula Vista Landscape Manual requirements, and other requirements as deemed necessary by the Director of Parks and Recreation. (Parks and Recreation) 124. Prior to issuance of the building permit for the 300* dwelling unit issued within Phase Two of the Project, Developer shall complete construction of the Town Square (P-4), within Phase Two, to the satisfaction of the Director of Parks and Recreation. (Parks and Recreation) 125. Prior to the approval of the first "A" Map for the Project, issuance of the first grading permit or issuance of the first construction permit, whichever occurs first, Applicant shall prepare, submit and have received 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 of Parks and Recreation signature and date on said Plan. The contents of the Landscape Master Plan shall conform to the City staffchecklist and contain the following major components: (Parks and Recreation) · Landscape Concept · Wall and Fence Plan, indicating type, material, height and location. · Brush Management Plan, identifying three zones and treatment. · Maintenance Responsibility Plan · Planting Concept Plan · Master Irrigation Plan 126. Prior to approval of 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 right-of-way or such other public areas required by the City. (Engineering, Parks and Recreation) 27 127. Prior to the issuance of each grading permit for the Project, the Applicant shall prepare, --' submit and obtain the approval of the Director of Parks & Recreation and the City Engineer for a landscape and irrigation slope erosion control plan. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and Grading Ordinance, as may be amended from time to time. Applicant shall install erosion control in accordance with approved plans within six months from the commencement of grading. (Parks and Recreation) 128. In the event Developer requests the formation of a Maintenance District or similar, the Developer shall make such request prior to the approval of the first map for the Project, submit an application packet for formation of a Community Facilities District (CFD), and submit the request for CFD formation to the City Council for consideration. The CFD shall be formed prior to approval of the first "B" map for the Project. Subject to the approval of the Director of Public Works, Developer shall submit a list of amenities, acreage and costs for all Open Space District lots including but not limited to the cost of any detention basin maintenance and all costs to comply with the Department of Fish and Game and the U.S. Army Corps of Engineers permit requirements, if any. Developer shall maintain the open space improvements for a minimum period of one year or until such time as accepted into the open space district by the Director of Public Works. If Council does not approve the CFD formation, another financing mechanism such as a Master Homeowners Association, or an endowment shall be established and submitted to the City Council for consideration prior to approval of the first map. Prior to the approval of the first map, Developer shall submit an ~-~ initial cash 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 open space district. (Public Works) 129. Upon the request of the City, the Applicant shall provide easements for the pedestrian paseos identified on the Tentative Map, each approximately 60 feet in width, the exact width to be determined by the Director of Planning and Building. Upon the request ofthe Director of Public Works, paseos shall contain improved ail-weather paved 12-foot wide minimum access to withstand an H-20 wheel load as approved by the Director of Public Works. Each paseo within said easements shall be maintained by the Master Homeowner's Association. Developer shall grant to the satisfaction of the Directors of Plarming and Building and Public Works, pedestrian access easements, and General Utility Easements. Developer shall secure and construct said paseos upon the request of and at the direction of the Directors of Parks and Recreation and Public Works. (Parks and Recreation, Public Works, Planning and Building) TRAILS 130. Prior to the approval of each Final Map that contains a proposed public trail, Applicant shall provide an easement to the City, in a form approved by the City Attorney, for the trail alignment. (Parks and Recreation) 131. All trails shall be bnnded/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. (Parks and Recreation) 132. Prior to approval of the first "A" map, the applicant shall submit a letter to the Director of Parks and Recreation acknowledging that the City is in the process of preparing and adopting a City-wide Green-belt Trails Master Plan, and agreeing to comply with the provisions of said plan, and modify the project as necessary to comply and remain in compliance with the adopted Greenbelt Trails Master Plan. (Parks and Recreation) 133. The applicant shall, concurrent with the construction of Olympic Parkway~ construct a "Regional Trail" on the north side of Olympic Parkway for the entire length of Olympic Parkway in Village Eleven, 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 from the curb as much as possible avoiding the "tree planting nodes". If retaining walls are necessary, they shall 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 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 observed. If a combination of low retaining walls and modified landform grading cannot accommodate "tree planting nodes" and maintenance access areas, the top of slope shall be adjusted as city deems necessary. (Parks and Recreation) 134. The applicant shall: a. Construct a "Regional Trail", concurrent with the construction of Hunte Parkway, on the north side of Hunte Parkway (within the Village Greenway) from the future Pedestrian Bridge No. 1 at Eastlake Parkway to the Paseo connection and future Pedestrian Bridge No. 2 between Neighborhoods R-17 and R-16 as depicted on the Parks, Trails and Open Space Plan in the Village Eleven SPA Plan, and shall be designed to incorporate the "Project Landscape Master Plan" as approved by the City and as amended from time to time. The Regional Trail shall meander away from the curb as much as possible. b. Construct a "Regional Trail", concurrent with the construction of Hunte Parkway: on the south/east side of Hunte Parkway (within the Chula Vista Greenbelt) from the future Pedestrian Bridge No. 2 between Neighborhoods R-17 and R-16 as depicted on the Parks, Trails and Open Space Plan in the Village Eleven SPA Plan north to the intersection of Hunte Parkway and Olympic Parkway, and shall be designed to incorporate the "Project Landscape Master Plan" as approved by the City and as amended from time to time. The Regional Trail shall meander away from the curb as much as possible. (Parks and Recreat_ion) 135. Applicant shall keep any necessary retaining walls 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 Hunte Parkway, 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 constraints such as maintenance access ways. Landform grading policies shall be observed and followed. Ifa combination of low retaining walls and modified landform grading cannot accommodate any constraints or maintenance access areas, the top of slope shall be adjusted as City deems as necessary. (Parks and Recreation) 136. The graded section upon which six~foot connector trails, located within the Project, are constructed shall be 10 feet in width. Six feet shall be provided for the trail bed, with a 2 foot graded shoulder on either side. Trail construction materials shall be subject to the approval of the Directors of Public Works and Planning and Building. (Parks and Recreation, Public Works) 137. Prior to the approval of each final "B" Map, containing a trail, for the Project, Developer shall obtain the approval of the Director of Parks and Recreation for appropriate signage indicating location of trail connections, handicap access, and bikeway locations to the Regional Trail, Village Greenway, and Chula Vista Greenbelt. Said signage shall be included on the Landscape and Irrigation Improvement Plan. Signage shall be installed upon the request of the Director of Parks and Recreation and Director of Planning and Building. (Parks and Recreation, Planning and Building) 138. Prior to the installation of the Regional Trail, Developer shall install a fence along those portions of the proposed maintenance access roads of the Salt Creek Sewer Basin, 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 Sewer 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. (Parks and Recreation, Engineering) 139. Applicant agrees to comply with the current Regulatory Negotiation Committee Recommendations for Accessibility Guidelines: Outdoor Developed Areas Final Report, as may be amended from time to time, developed for: U.S. Architectural and Transportation 3O Barriers Compliance Board when designing all trails and trail connections. (Parks and Recreation) 140. Prior to the issuance of each construction permit for the Project, the Applicant shall prepare, submit and obtain the approval of the City Engineer and the Director of Parks & 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 Village Eleven SPA, as may be amended from time to time. Applicant shall install all improvements in accordance with approved plans to the satisfaction of the Director of Parks and Recreation. (Parks and Recreation) OPEN SPACE/ASSESSMENTS 141. Prior to the approval of the first final "B" Map, the developer shall: a. Submit evidence, acceptable to the City Engineer and the Director of Planning and Building of the formation of a Master Homeowner's Association (MHOA), or another financial mechanism acceptable to the City Manager. The MHOA shall be responsible for the maintenance of those landscaping improvements that are not to be included in the proposed financial mechanism. The City Engineer and the Director of Planning and Building may require that some of those improvements shall be maintained by the Open Space District. The final determination of which improvements are to be included in the Open Space District and those to be maintained by the MHOA shall be made during the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning and Building require such annexation of future tentative map areas. The MHOA formation documents shall be subject to the approval of the City Attorney; and, b. The developer shall submit for City's approval the CC&R's, grant of easements and maintenance standards and responsibility of the MHOA's for the Open Space Areas within the Project area. Developer shall acknowledges that the MHOA's maintenance of public open space, trails, etc. may expose the City to liability. Developer agrees to establish a MHOA that will hold the City harmless from any actions of the MHOA in the maintenance of such areas; and, c. Submit and obtain approval of the City Engineer and the Director of Planning and Building of a list of all Otay Ranch Village Eleven SPA and MHOA facilities and other items to be maintained by the proposed district. Separate lists shall be submitted for the improvements and facilities to be maintained by the Open Space District and those to be maintained by a Master Homeowner's Association. Include a description, quantity and cost per year for the perpetual maintenance of said improvements. These lists shall include but are not limited to the following facilities and improvements: 31 i. All facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures and landscaping. Each open space lot shall also be broken down by the number of acres of.' 1) turf, 2) irrigated, and 3) non- irrigated open space to aid in the estimation of a maintenance budget thereof. ii. Medians and parkways along Olympic Parkway, Eastlake Parkway and Hunte Parkway, Birch Road, (onsite and offsite) and all other street parkways proposed for maintenance by the applicable Community Facilities District or Homeowners' Association. iii.The proportional share of the proposed detention basin (temporary or permanent) located in the Salt Creek Sewer Basin. This includes but is not limited to the cost of maintenance and all cost to ~omply with the Department ofFish and Game and the Corps of Engineers permit requirements. iv. The proportional share of the maintenance of the median and parkways along that portion of Olympic Parkway adjoining the development as determined by the City Engineer. v. All water quality basins serving the Project. (Engineering) 142. Offer for dedication in fee interest to the City on all final maps, all 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. (Engineering) 143. Submit and obtain approval of a revised Village Eleven (C.V.T. 01-11) Maintenance Responsibility Map prior to the approval of the first "A" map for the Project from the Director of Planning and Building, which shall include delineation of private and public property. (Planning and Building, Engineering) 144. Prior to the approval of each Final "B" Map, Declaration or Supplementary Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to the approval of the City Engineer. The CC&R's shall include the following obligations of the Master Homeowners Association: a. A requirement that the MHOA shall maintain comprehensive general liability insurance against liability incident to ownership or use of the following areas: i. All open space lots that shall remain private, ii. Other Master Association property. b. Before any revisions to provisions of the CC&R's that may particularly affect the City can become effective, said revisions shall be approved by the City. The MHOA ~.~ 32 shall not seek approval from the City of said revisions without the prior consent of 100 percent of the holders of first mortgages or property owners within the MHOA. c. The MHOA shall 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. d. The MHOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of the City and 100 percent of the holders of first mortgages or property owners within the MHOA. e. The MHOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured to the satisfaction of the City Attorney. f. The CC&R's shall incorporate restrictions for each lot adjoining open space lots containing walls maintained by the open space district to ensure that the property owners know that the walls may not be modified or supplemented nor may they encroach on City property. g. The CC&R's shall include provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. h. The CC&R's shall include provisions assuring MHOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. i. The CC&R's shall include provisions that provide the City has the right but not the obligation to enforce the CC&R provisions the same as any owner in the project. j. The CC&R provisions setting forth restrictions in these Tentative map conditions may not be revised at any time without prior written permission of the City. k. The MHOA shall not dedicate or convey for public streets, land used for private streets without approval of 100% of all the HOA members or holder of first mortgages within the MHOA. 1. 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. (Engineering) 45. 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 33 Director of Planning and Building prior to distribution through escrow. (Engineering, Planning and Building) 146. An HOA shall be responsible for the maintenance and operation of all facilities within the common areas and streets behind any gated entrances. 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. (Engineering) 147. 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. (Engineering, Planning and Building) 148. Ensure that all buyers of lots adjoining open space lots containing walls maintained by the open space district sign a statement, when pumhasing 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 all lots. (Engineering) 149. 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 will be incorporated into and maintained by a Home Owner's Association or an Open Space District. (Engineering, Parks and Recreation) 150. The developer agrees to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within or adjacent to the subject subdivision. (Engineering) 151. 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, or other funding mechanism acceptable to the City, in the City's sole discretion, with the City which will guarantee the maintenance of the L&I improvements until the City accepts said improvements. In the event the improvements are not maintained to City standards as determined by the City Engineer and the Director 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: 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 34 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. (Engineering, Parks and Recreation) WATER 152. Provide to the City a letter from Otay Municipal Water District indicating that the assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the parcel(s). (Engineering) 153. Prior to approval of each Final Map, present verification to the City Engineer in the form of a letter from Otay Water District that the subdivision will be provided adequate water service and long-term water storage facilities. The Applicant shall phase and install water system improvements as required by the Otay Water District. (Engineering, Planning & Building) EASEMENTS 154. Grant to the City a 10' wide easement for general utility purposes along public street frontage of all open space lots offered for dedication to the City unless otherwise approved by the City Engineer. Ensure that sufficient room is available for street tree planting when locating utilities within this easement. (Engineering) 155. The Applicant shall process a joint use agreement for roads crossing other agencies existing easements that is acceptable to the City and the other agencies prior to the issuance of the grading permit for that road. (Engineering) 156. Indicate on all appropriate "B" Maps a reservation of easements to the future Homeowners Association for private storm drain, if any, within open space lots as directed by the City Engineer. Obtain, prior to approval of each final "B" Map, all off-site right-of-way necessary for the installation of the required improvements for that subdivision thereto. The developer shall also provide easements for all on-site and off-site public drainage facilities, sewers, maintenance roads, and any other public facilities necessary to provide service to the subject subdivision. (Engineering) 157. 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) 158. 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 removal of any obstructions within the sight visibility of said traffic signs to the satisfaction of the City Engineer. (Engineering) 159. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any fmal map that proposes private utilities or drainage facilities crossing property lines as directed by the City Engineer. (Engineering) 160. Grant to City on all appropriate final "B" Map, a 2-foot access easements along the rear and side property line of lots adjoining walls to be maintained by the open space district. The locations of these easements shall be as required by the Director of Planning and Building and the City Engineer to provide adequate access for maintenance of said walls. (Engineering) 161. Storm drain easements shall be private unless the storm drain systems therein are public. (Engineering) 162. Where a private storm drain easement will parallel a public sewer easement, the easements shall be delineated separately on the final map and on the grading and improvement plans. If any portion of the easements will overlap one another, the City shall have a superior right to the common portion of the easements. (Engineering) 163. Prior to the approval of each final map, the City Engineer may require either the removal or the subordination of any easement, which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way. (Engineering) 164. The developer shall notify the City at least 60 days prior to consideration of the first 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 ~-'~ 36 map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. (Engineering) 165. Grant on the final maps minimum 15' wide easements to the City of Chula Vista as required by the City Engineer for construction and maintenance of sewer facilities. (Engineering) 166. Provide minimum 15' wide easements to the City of Chula Vista as required by the City Engineer for construction and maintenance of storm drain facilities. (En_gineering) 167. Provide 10' wide general utility easements adjacent to street right-of-way within public open space lots, unless otherwise approved by the City Engineer. (Engineering) 168. Provide easements for all off-site public storm drains and sewer facilities prior to approval of each final map requiting those facilities. The easements shall be sized as required by the City of Chula Vista Standards, unless otherwise approved by the City Engineer. (Engineering) 169. 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) 170. Grant on all applicable Final Maps, easements in favor of and acceptable to San Diego Gas and Electric, San Diego County Water Authority or their successors in interest which provide vehicular access at those locations where Olympic Parkway, Winding Walk Street, Crossroads Street, and Hunte Parkway cross the entities' easements. (Engineering) 171. Grant on the appropriate final map, a 20-foot minimum sewer and access easement for sewer lines located between residential units, unless otherwise required by the City Engineer. All other easements shall meet City standards for required width. (Engineering) AGREEMENTS/FINANCIAL 172. 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 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. 37 ii. Traffic volumes, levels of service, public utilities and/gr services either exceed the adopted City threshold standards or fail to comply with the then --- effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. iii. The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City's Director of Planning and Building and the Public Works Director. The Applicant agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch Village Eleven SPA if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. b. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the Applicant of ~ any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 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 from 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 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. (Engineering) 38 173. 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 fmancial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. (Engineering) 174. Prior to approval of each Final Map, the Applicant shall comply with all previous agreements as they pertain to this tentative map. (Engineering, Planning & Building) 175. Prior to approval of each Final Map, the Applicant shall contract.with the City's current street sweeping franchisee, or other server approved by the Director of Public Works to provide street sweeping for each phase of development on a frequency and level of service comparable to that provided for similar areas of the City. The developer shall cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or 60 days after the completion of all punch list items, whichever is shorter. The developer further agrees to provide the City Special Operations Manager with a copy of the memo requesting street sweeping service, which memo shall include a map of areas to be swept and the date the sweeping will begin. (Public Works) 176. The Applicant shall be required to equitably participate in any future regional impact fee program for regional facilities should the region enact such a fee program to assist in the construction of such facilities. The Applicant shall enter into an agreement, prior to approval of the first map, with the City which states that the Applicant will not protest the formation of any potential future regional benefit assessment district formed to finance regional facilities. (Engineering) 177. The Applicant shall enter into an agreement with the City, prior to approval of the first map, to fund the cost of transit facilities. Said facilities, including but not limited to "transit stops" shall be designed in the manner consistent with the transit stop details as described in the Village Eleven Design Plan, as approved by the City's Transit Coordinator and Director of Planning and Building. (Planning and Building, Engineering) 178. No final maps may be recorded within Village Eleven SPA until such time that an annexable Mello Roos District, or some other financing mechanism approved by the school district, to provide for the construction of needed elementary, middle and high schools is established. (Engineering) 179. Prior to approval of the first final "A" Map for the project in order to satisfy their fair-share contribution for financing the light rail transit system, the Applicant shall enter into an agreement with the City which states that the Applicant will not protest the formation of any 39 potential future regional benefit assessment district formed to finance the LRT. (Engineering) 180. Prior to the approval of any Final Map for the Project that contains open space, the Applicant shall enter into an agreement to construct and secure open space landscape improvements within the map area. All landscape improvements shall be secured in amounts as determined by the Director of Parks & Recreation and approved in form by the City Attorney. (Engineering) SCHOOLS 181. The Applicant shall deliver to the Sweetwater Union High School District a 25-net usable acre graded junior (middle) high school site including utilities provided to the site and an all weather access road acceptable to the District prior to January 1, 2005. The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. (Planning and Building) 182. The applicant shall deliver to the Chula Vista Elementary School District, a 10-net useable acm graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, prior to issuance of the 1,050th residential building permit (352 students) within Village Eleven SPA. The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. (Planning and Building) MISCELLANEOUS 183. The applicant shall install all public facilities in accordance with the Village Eleven Public Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold standards adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. The applicant further agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management Ordinance) as may be amended from time to time by the City. Said Chapter includes but is not limited to Threshold Standards (19.09.040) Public Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures (19.09.100). (Engineering) 184. The Applicant agrees that the maintenance and demolition of all interim facilities (public facilities, utilities and improvements) is the Applicant's responsibility, and that construction and demolition bonds will be required to the satisfaction of the City Engineer. (Engineering) t 85. Applicant shall acquire offsite right of way and easements necessary to comply with the PFFP schedule to be dedicated to the City. Applicant also agrees to bond for the off-site improvements as required by the City Engineer. (Engineering) 40 86. Within thirty (30) days of the City Council approval of these map conditions, or prior to the submittal of the first map for the project, whichever occurs 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 Centerlines (polylines) d. Easements (polylines) e. Street Names (annotation) f. Lot Numbers (annotation) The digital drawing file shall be submitted in accordance with the City Guidelines for Digital Submittal on 3 ½" disks or CD, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. (Engineering) 187. Submit copies of all tentative maps, final maps, grading and improvement plans in a digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file of the maps shall combine all map sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) format and shall contain the following individual layers: a Subdivision Boundary (closed polygons) b. Lot Lines (closed polygons) c. Street Centerlines (polylines) d. Easements (polylines) e. Street Names (annotation) f. Lot Numbers (annotation) The tentative map, final map, grading plan and improvement plan digital files shall also conform to the City of Chula Vista Subdivision Manual requirements therefore. The digital drawing files shall be submitted in accordance with the City Guidelines for Digital Submittal on 3 ½" disks or CD, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. (Engineering) 188. Tie the boundary of the subdivision to the California System-Zone VI (1983). (Engineering) 189. 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 43_ fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPA's and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. (Engineering) 190. The owners of each Village shall be responsible for retaining a project m~nager 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 backgrotmd and experience, including but not limited to land use planning and architecture. (Planning and Building) 191. 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 ora permit, the developer shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable final "B" Map does not record. (Engineering) 192. Prior to approval of the applicable final map, Applicant shall construct and secure, or agree to construct and secure, the construction of transit stop facilities as set forth in the PFFP. The schedule for constructing the transit stops shall be approved or determined by the City Engineer prior to approval of the aforementioned final map. Applicant shall design, subject to the approval of the City Engineer said transit stops in conjunction with the improvement plans for the related street. The City Engineer may require that Applicant provide security guaranteeing the construction of said transit stops in a form of cash or any other form approved by the City Engineer at his/her sole discretion. Since transit service availability may not coincide with project development, the Applicant shall install said improvements when directed by the City. (Public Works/Transit) PHASING 193. If the applicant proposes to modify the Village Eleven SPA approved phasing plan, the applicant shall submit to the City a revised phasing plan for review and approval prior to 42 approval of the first final "B" Map. The PFFP shall be revised where necessary to reflect the revised phasing plan. (Engineering) 194. Phasing approved with the SPA Plan may be amended subject to approval by the Director of Planning and Building and the City Engineer. (Planning and Building. Engineering) 195. If phasing is proposed within an individual map or through multiple final maps, the developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning and Building prior to approval of any final map. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning and Building. The City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. The developer agrees that the City Engineer may change the timing of construction of the public facilities. (Engineering) 196. The Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of Village Eleven SPA, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other Village Eleven SPA Plan document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the Village Eleven SPA's facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development pattems and updated forecasts in reliance on changing entitlements and market conditions, shall govern Village Eleven SPA development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future 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. (Engineering) 197. Prior to approval of any final map proposing the creation of a Multi-family housing for the Project including Planning Areas R-17, R-18, R-19, R-20, R-21, R-22, R-23, R-24, R-25 or MU-1 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, and thereafter process~ a subsequent tentative map for said proposed condominium, community apartment, or stock cooperative project in said Planning Area pursuant to Section 66426 of the Subdivision Map Act. (Engineering) CODE REQUIREMENTS 198. The Applicant shall comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. Underground all utilities within the subdivision in accordance with Municipal Code requirements. (Engineering) 199. Pay the following fees in accordance with the City Code and Council P~licy: a. The Transportation and Public Facilities Development Impact Fees. a. Signal Participation Fees. b. All applicable sewer fees, including but not limited to sewer connection fees. c. Interim SR- 125 impact fee. d. Salt Creek Sewer Basin and Poggi Canyon Sewer Basin DIF. Pay the amount of said fees in effect at the time of issuance of building permits. (Engineering) 200. 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) 201. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit the disclosure form for approval by the City Engineer prior to Final Map approval. (Engineering) 202. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. (Engineering) 203. All proposed development shall be consistent with the Otay Ranch Village Eleven SPA Planned Community District Regulations. (Planning and Building) 204. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). (Engineering) 44 205. The applicant acknowledges that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Sectibn 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 1251 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. (Engineering) H:~PLANNING\Otay_Ranch\Village_ll~Vll TM Cond_REVISION I.doc T~F ~ OF ~ULA 'V~ST.A DISC'LOs~ LTE~t~NT Yu~ ~r~ requir~ m fi~c u S ~ ~mcn f D ~c o~ure or ~cr ~ n ~nc~Hi0 or fi~nc[~l tn~cr~st~ ~.- ' ' ' ~dl~. ~e [OIJo~t~ mlt~rmafio~ must bc disclosed: - ~ , ' ~nl~m, ~.g., owner ~p~[jo~. ~ntraclor, subcontractor, m~mrlaJ ~upplicr, B~ookfield Ot~ LLC, ~ Delaware ~ea O~ay Village 11 LLG, a limSted Ji~bili~ companM Califo~ia limited ~iability comp~ If amy p~on' identified pursu=m In ( [1 ahov~ is ~ corpbr~dt~n ~r pam~crship, HSt ~hc nam~ af ail indi~duais ow~[ mor~ than 109~, o[ thc ~h~r~ m ~hc'~brpor~H~n ur owhin~ ~ny pamnemhip [nlcr~ in ibc partnership, N/A ~ 3. if any pcmott" identified purxuanl to (I) above is non-profit organization or a trtL% Iisi the names of any pem~ ~:rvirlg a:i dirtier of the non-pro~l orga~i~lion Or ~ [rus[~ ar be~e~cia~ or trusto~ of [~e trust. ~: N/A 4. Have you had more than $250 worth of business transacted wilh any member of thc City staff. Boarda~ Cammisslur C~mn'lktees, and COuncil ~,tthin the past twelye rnonth.~? Y~ No X..~ If ye~;, plea3e indicate person(s): _ PJ,.utsc idcrilify each [nd ~wcQ, person. {nciudin~ any agentS, employees, conxultal;t:~, cdr intlepcMdcn[ c.~n£r'aclom ~'i' you have a~igned ia cepre$clll you ht:{bre'lh~ Cily [~ this mailer. John No,ah, Steve Doyle Geocon~ Dudek,.~ Associates Willi~ Hezmalhal~h Architec=s Inc. L~d Concern, Wil~on 5ngine~ring Hunsaker ~ Associates T~rri Barker 6. H~ve you and/ur your uffi~rs or a~cnu. In ~he uggre~am, ~n~ributed more than SI,~ to a ~u~uilm~mb~r in ~h currenl or pre,ding elccii6n period? Y~ No a lf~, $tat~ which ~uncii~ember(s): q Brookfield Otay LLC, a Delawaze g.~~d, Vice P~sident ~Pd~l or l~e ~me o[ ~tractor/applic ~