HomeMy WebLinkAboutReso 1999-19572 RESOLUTION NO. 19572
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR
VILLAGE ONE WEST OF THE OTAY RANCH, SECTIONAL
PLANNING AREA ONE PLAN, CHULA VISTA TRACT 98-06, AND
MAKING THE NECESSARY FINDINGS
I. RECITALS
1. Project Site
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A" attached hereto and described on Chula Vista Tract 98-06 and is
commonly known as Village One West ("Property"); and
2. Project; Application for Discretionary Approval
WHEREAS, The Otay Ranch Company ("Applicant") filed a duly verified application for
the subdivision of the Property in the form of the tentative subdivision map known as
"Tentative Map, Chula Vista Tract 98-06, Otay Ranch, Village One West" ("Project"),
with the Planning Department of the City of Chula Vista on June 24, 1999; and
WHEREAS, the Project requested the approval for the subdivision of approximately 275
acres located west of Paseo Ranchero, north of the proposed extension of Olympic
Parkway, south of Telegraph Canyon Road, and east of the Sunbow Planned
Community into 684 residential, 90 common, one neighborhood park, one elementary
school, and 11 open space lots for a total of 774 lots; and
WHEREAS, the Project includes an Alternative Out Parcel Lotting and Grading
Tentative Map ("Alternative Map") that subdivides approximately 294.3 acres located
west of Paseo Ranchero, north of the proposed extension of Olympic Parkway, south
of Telegraph Canyon Road, and east of the Sunbow Planned Community into 799
residential, 102 common, one neighborhood park, one elementary school, and 11 open
space lots for a total of 901 lots, including in addition to the Tentative Map, APN
#641-030-09, APN #641-030-01, APN #641-030-03, and the site identified as
"Sunbow Proposed Lot-line Adjustment" ("Out-Parcels"). The Alternative Out Parcel
Lotting and Grading Tentative Map will become effective only upon the applicant
meeting all of the conditions hereby attached as Exhibit "B" including Condition of
Approval #153; and
3. Prior Discretionary Approvals
WHEREAS, the development of the Property has been the subject matter of the Otay
Ranch General Development Plan ("GDP") previously approved by the City Council on
October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998
by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the
environmental evaluation of said GDP, relied in part on the Otay Ranch General
Development Plan, Environmental Impact Report No. 90-01, SCH/19010154 ("Program
EIR 90-01 "); and
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Page 2
WHEREAS, the development of the Property has been the subject matter of Otay
Ranch Sectional Planning Area One Plan ("SPA One Plan") previously approved by the
City Council on June 4, 1996 by Resolution No. 18286 ("SPA One Plan Resolution")
wherein the City Council, in the environmental evaluation of said SPA One Plan, relied
in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No.
95-01, SCH #94101046 ("FEIR 95-01 "), and the subsequent Otay Ranch SPA One
Plan Final Environmental Impact Report No. 97-03, SCH #97091079 ("FEIR 97-03");
and
WHEREAS, the Applicant filed an amendment to the SPA One Plan, PCM 97-11, and
said amendment was adopted by the City Council on February 16, 1999 by Resolution
No. 19375; and
WHEREAS, this Project is a subsequent activity in the program of development
environmentally evaluated under Program EIR 90-01, FEIR 95-01, subsequent FEIR 97-
03, that is virtually identical in all relevant respects, including lot size, lot numbers, lot
configurations, transportation corridors, etc., to the project descriptions in said former
environmental evaluations; and
WHEREAS, the City Environmental Review Coordinator has reviewed the Project and
determined that it is in substantial conformance with the Otay Ranch SPA One Plan
and the related environmental documents and that the Project would not result in any
new environmental effects that were not previously identified, nor would the proposed
Project result in a substantial increase in severity in any environmental effects
previously identified; and
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on August 11,1999, at which time the Planning Commission voted to recommend that
the City Council approve the Project in accordance with staff's recommendation and
the findings and conditions listed below; and
WHEREAS, the City Council set the time and place for a hearing on the Project and
notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City at least ten days prior to the hearing; and
WHEREAS, a hearing was held at the time and place as advertised on August 17,
1999 in the Council Chambers, 276 Fourth Avenue, before the City Council and said
hearing was thereafter closed.
NOW, THEREFORE, THE CITY COUNCIL finds, determines, and resolves as follows:
Ih PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on this project held on August 11, 1999, and the minutes and resolution
resulting therefrom, are hereby incorporated into the record of this proceeding.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
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The City Council hereby finds that the Project, as described and analyzed in the
Program EIR 90-O1, Second-Tier FEIR 95-01, subsequent Second-Tier FEIR 97-03, would
have no new effects that were not examined in the preceding Program EIR 90-01, Second-Tier
FEIR 95-O1, and subsequent Second-Tier FEIR 97-03 [Guideline 15168 (c)(2)]; and
IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR PROGRAM EIR
The City Council hereby finds that: (1) there were no changes in the Project from the
Program EIR and the FEiR's which would require revisions of said reports; (2) no substantial
changes have occurred with respect to the circumstances under which the Project is
undertaken since the previous reports; (3) and no new information of substantial importance
to the Project has become available since the issuance and approval of the prior reports; and
that, therefore, no new effects could occur or no new mitigation measures will be required in
addition to those already in existence and made a condition for Project implementation.
Therefore, the City Council approves the Project as an activity that is within the scope of the
project covered by the Program EIR and FEIR's, and an Addendure has been prepared
[Guideline 15168 (c)(2) and 15162 (a)].
V. INCORPORATION OF ALL REASONABLE MITIGATION MEASURES AND
ALTERNATIVES
The City Council does hereby re-adopt and incorporate herein as conditions for this
approval all applicable mitigation measures and alternatives, as set forth in the findings
adopted in the Otay Ranch GDP approval (90-01) and SPA One Plan approval (95-01), and
subsequent SPA One Plan approval (97-03).
VI. NOTICE WITH LATER ACTIVITIES
The City Council does hereby give notice, to the extent required by law, that this
Project was fully described and analyzed and is within the scope of the GDP EIR (90-01), the
original SPA One Plan EIR (95-01) and the Final EIR, and the subsequent SPA One Plan EIR
(97-03) with first addendure adequately describes and analyzes this project for the purposes
of CEQA [Guideline 15168 (e)]. Notice on the SPA EIR was given on October 28, 1998.
VII. TENTATIVE SUBDIVISION MAP FINDINGS
Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that Tentative Subdivision Map as conditioned herein for The Otay Ranch
Company, Chula Vista Tract 98-06, is in conformance with all the various elements of the
City's General Plan, the Otay Ranch General Development Plan and Sectional Planning Area
One Plan as amended, based on the following:
1. Land Use
The Project is in a planned community that provides single-family residential uses,
parkland uses, school uses, and open space. The Project is also consistent with
General Plan, Otay Ranch GDP, and Otay Ranch SPA One Plan policies related to
grading and landforms.
2 Circulation
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All of the on-site and off-site public and private improvements required to serve the
subdivision are part of the project description or are conditioned consistent with the
Otay Ranch General Development Plan, and the Otay Ranch SPA One Plan. The
Applicant shall construct those facilities in accordance with City and Otay Ranch SPA
One Plan standards.
3. Housing
An affordable housing agreement between the City and The Otay Ranch Company
(Master Developer) has been executed and is applicable to subject Project providing for
low and moderate income households.
4. Parks, Recreation and Open Space
Parks, recreation and open space will be conditioned under "A" Map conditions to
dedicate a 5.1 net acre minimum park site. Construction of Park 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 Qtay Ranch SPA One Geotechnical
Reconnaissance Report.
7. Public Safety
All public and private facilities are expected to be reachable within the threshold
response times for fire and police services.
8. Public Facilities
The Applicant will provide all on-site and off-site streets, sewers and water facilities
necessary to serve this Project. The developer will also contribute to the Otay Water
District's improvement requirements to provide terminal water storage for this Project
as well as other major projects in the eastern territories.
9. Noise
The Project may include noise attenuation walls under review in an acoustic study
currently being prepared for the Project. In addition, all units are required to meet the
standards of the Uniform Building Code with regard to acceptable interior noise levels.
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10.Scenic Highway
The roadway design provides wide landscaped buffers along Telegraph Canyon Road
and Olympic Parkway (formerly Orange Avenue) the only General Plan, GDP/SRP
scenic highways adjacent to the Project.
11. Bicycle Routes
The Project is required to provide on-site bicycle routes on East Palomar Street, Paseo
Ranchero, and Olympic Parkway 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.
VIII. CONSISTENCY WITH THE GENERAL PLAN
The proposed Project is consistent with the General Plan for the following reasons:
A. THE PROPOSED TENTATIVE SUBDIVISION MAP (C.V.T. 98-06) IS
CONSISTENT WITH THE OTAY RANCH GDP/SRP, AND OTAY RANCH SPA
ONE AMENDMENTS, AND IS IN CONFORMITY WITH THE CHULA VISTA
GENERAL PLAN.
The Village One West Tentative Map implements the recently approved Otay
Ranch Sectional Planning Area (SPA) Plan Amendment, and reflects the land
uses, circulation system, open space and recreational uses consistent with the
Otay Ranch General Development Plan and Chula Vista General Plan.
B. THE PROPOSED TENTATIVE SUBDIVISION MAP (C.V.T. 98-06) WILL
PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE
INVOLVED SECTIONAL PLANNING AREA.
The proposed Tentative Subdivision Map (C.V.T. 98-06) implements the SPA
One Plan amendment and Public Facilities Financing Plan containing provisions
and requirements to ensure the orderly, phased development of the project.
C. THE PROPOSED TENTATIVE SUBDIVISION MAP (C.V.T. 98-06)
IMPLEMENTATION WILL NOT ADVERSELY AFFECT ADJACENT LAND USE,
RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY.
The land uses within Otay Ranch are designed with an open space buffer
adjacent to other existing projects, and future developments off-site and within
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the Otay Ranch SPA One. A comprehensive street network serves the Project
and provides for access to off-site adjacent properties. The proposed plan
closely follows all existing environmental protection guidelines and will avoid
unacceptable off-site impacts through the provision of mitigation measures
specified in the Otay Ranch Environmental Impact Report(s).
IX. CONDITIONS OF APPROVAL
The City Council hereby approves the Project subject to the conditions set forth in
Exhibit "B", attached hereto.
X. APPROVAL OF TENTATIVE SUBDIVISION MAP
The City Council does hereby approve the Project subject to the conditions set forth
in Section VII and Section IX listed above and based upon the findings and determinations on
the record for this Project.
XI. NOTICE OF DETERMINATION
That the Environmental Review Coordinator of the City of Chula Vista is directed after
City Council approval of this Project to ensure that a Notice of Determination is filed with the
County Clerk of the County of San Diego. This document along with any documents
submitted to the decision-makers shaft comprise the record of proceedings for any CEQA
claims.
XII. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented and
maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny, revoke or further condition issuance of all future building
permits issued under the authority of approvals herein granted, institute and prosecute
litigation to compel their compliance with said conditions or seek damages for their violation.
XIII. 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 shaft be deemed
to be automatically revoked and of no further force and effect ab initio.
Presented by Approved as to form by
Robert Le,te, d a"eny Y
Planning and Building Director City Attorney L- "
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Page 7
EXHIBIT A
STJN~O~~
: ~;,~ [~ ,' ,': OTAY RANCH
VILLAGE TWO WEST
'CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR pRDJECT OTAY RANCH LLC TENTATIVE SUBDIVISION MAP
PROJECT Otay Ranch Request: Proposal for BB4 single family lots, 102 maintenance
Village One es lots, 1 t open space lots, end 1 school lot.
NORTH No Scale pCS-98-OB
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Page 8
EXHIBIT B
Village One West Tentative Subdivision Map
(C.V.T. 98-06)
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. Comply with all requirements and guidelines of the SPA One Parks, Recreation Open
Space and Trails Plan, Public Facilities Finance Plan, Ranch Wide Affordable Housing "
Plan, SPA One Affordable Housing Plan, and the Non-Renewable Energy Conservation
Plan, as amended from time to time, unless specifically modified by the appropriate
department head, with the approval of the City Manager. These plans may be subject
to minor modifications by the appropriate department head, with the approval of the
City Manager, however, any material modifications shall be subject to approval by the
City Council.
2. All of the terms, covenants and conditions contained herein shall be binding upon and
inure to the benefit of the heirs, successors, assigns and representatives of the
Developer as to any or all of the Property. For purposes of this document the term
"Developer" shall also mean "Applicant".
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.
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 for the Project and any or all
entitlements and approvals issued by the City in connection with the Project.
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Page 9
5. The applicant shall comply with all applicable SPA One conditions of approval
6. Any and all agreements that the applicant is required to enter in hereunder, shall be in
a form approved by the City Attorney.
7. The terms, conditions and time limits associated with this tentative map shall be
consistent with the Development Agreement approved by Ordinance No. 2679 by the
City Council on July 16, 1996 ("Development Agreement") and as amended on
October 22, 1996.
8. 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").
ENVIRONMENTAL
9. Prior to approval of each final "B" Map, the applicant shall implement all applicable
mitigation measures identified in EIR 95-01, subsequent EIR 97-03, the CEQA Findings
of Fact for this Project (on file in the City Clerk's Office) and the Mitigation Monitoring
and Reporting Program (on file in the City Clerk's Office).
10. Prior to the approval of each final "B" Map, the applicant shall comply with all
applicable requirements of the Phase 2 Resource Management Plan (RMP) as approved
by the City Council on June 4, 1996 and as may be amended from time to time by the
City.
11. Prior to the approval of each final "B" Map, the applicant shall comply with the Otay
Ranch Resource Preserve Conveyance Plan.
12. The Applicant shall comply with any applicable requirements of the California
Department of Fish and Game, the U.S. Department of Fish and Wildlife and the U.S.
Army Corps of Engineers.
13. All on-site locations of vernal pools and Otay Tarplant shall be depicted on all grading
plans as sensitive areas, and if to be preserved, shall be preserved in perpetuity, and
shall be appropriately fenced and buffered. The locations and preservation of these
resources shall be verified by a qualified biologist to the satisfaction of the
Environmental Review Coordinator. The applicant shall not "take" the Otay Tarplant
or disturb the vernal pools until such time as authorization for such action, if
necessary, is obtained from the appropriate resource agency.
SPECIAL CONDITIONS OF APPROVAL
14. The following conditions of approval are based upon the project having multiple Final
Maps for the entire subdivision which shall be referenced hereinafter as "Final 'B'
Maps". Unless otherwise specified, all conditions and code requirements listed below
shall be fully completed to the City's reasonable satisfaction prior to approval of the
first Final 'B' Map.
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15. Prior to approval of the first final "B"map within the tentative map, the developer shall
submit and obtain the approval of the City of a master final map ("A" Map) over the
portion of the tentative map within each area showing "super block" lots corresponding
to the units and phasing or combination of units and phasing thereof. Said "A" map
shall also show open space lot dedications, the backbone street dedications and utility
easements required to serve the "super b~ock" lots created by this "A" Map. All
"super block" tots created by this "A" Map or parcel map shall have access to a
dedicated public street. A lot line adjustment, if utilized in accordance with City
standards and procedures, shall not be considered the first "A" Map. The "A" Map
may contain single family residential units.
16. In the event of a filing of a final 'B' map which requires oversizing of the improvements
necessary to serve other properties, said final map shall be required to install all
necessary improvements to serve the project plus the necessary oversizing of facilities
required to serve such other properties (in accordance with the restrictions of state
law and City ordinances).
DESIGN
17. Any proposed monumentation/signage shall be consistent with the SPA One Village
Design Plan and shall be reviewed and approved by the Director of Planning and
Building prior to approval of the appropriate final map.
18. In addition to the requirements outlined in the City of Chula Vista Landscape Manual,
privately maintained slopes in excess of 25 feet in height shall be landscaped and
irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each
150 square feet of slope area, one 1-gallon or larger size shrub per each 100 square
feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in
staggered clusters to soften and vary the slope plane. Landscape and irrigation plans
for private slopes shall be reviewed and approved by the Director of Planning and
Building prior to approval of the appropriate final map.
19. A comprehensive wall plan indicating color, materials, height and location shall be
reviewed and approved by the Director of Planning and Building prior to approval of any
final "B" Map. Materials and color used shall be compatible and all walls located in
corner side-yards or rear yards facing public or private streets or pedestrian
connections shall be constructed of a decorative masonry and/or wrought iron material.
A revised acoustical analysis indicating if view fencing, such as a combination of
mssonry and wrought iron, is allowable at the ends of cul-de-sacs and other lots
backing up to Telegraph Canyon Road, East Palomar Street, Olympic Parkway, and
Paseo Ranchero, 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 streets 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 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 wails. Said detail shall be reviewed and approved by the
Director of Planning and Building prior to the approval of the first finai map. The
maximum height of all retaining walls shall be 2.5 feet in height when combined with
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Page 11
freestanding walls which are six feet in height. A 2-3 foot separation shall be provided
between free standing and retaining walls where the combined height would otherwise
exceed 8.5 feet.
20. Prior to the approval of the first "B" map north of East Palomar Street, the applicant
shall provide and comply with an acoustical analysis sound wall study which shall
include measures to maintain the permissible exterior and interior noise limits for the
residential units located adjacent to the MTDB San Diego Trolley LRT System
alignment. The applicant shall comply with the recommendations of such study. Noise
levels must not exceed thresholds in Otay Ranch SPA One, Planned Community District
Regulations, Section 11.3.(d and el.
21. Prior to the approval of the final 'B' map for Neighborhoods R-49A and R-56, the
applicant shall submit and obtain approval of the site plan, and such approval shall be
at the discretion of the Zoning Administrator.
22. The applicant shall depict on Landscape and Irrigation improvement plans, a landscape
buffer between residential units and the adjacent MTDB San Diego Trolley LRT System
alignment to the satisfaction of the Director of Planning and Building. The open space
lots adjacent to the Trolley shall be C.F.D. maintained.
23. A minimum of thirty percent of all 60xl 10 feet lots in each final map shall be provided
-- with Hollywood driveways, and comply with the requirements of the Otay Ranch SPA
One Planned Community District Regulations as may be amended from time to time.
24. The developer shall install public facilities in accordance with the Otay Ranch SPA One,
Public Facilities Finance Plan (PFFP) as may be amended from time to time or as
required by the City Engineer to meet threshold standards adopted by the City of Chula
Vista. The City Engineer and Director of Planning and Building may, at their discretion,
modify the sequence of improvement construction should conditions change to warrant
such a revision.
25. Construction of the full street width bridge connecting Barn Owl Court and Misty Creek
Court shall be secured to the satisfaction of the City Engineer and City Attorney, prior
to approval of the first final "B" map for Neighborhoods R-50 or R-52A, whichever
occurs first. The applicant shall complete construction of the bridge prior to issuance
of the first building permit for Neighborhoods R-50 or R52A, whichever occurs first.
In the discretion of the City Engineer, the developer shall submit an application for an
encroachment permit, as to open space in and about the bridge location.
STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS
26. 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 final map, the
applicant shall enter into an agreement to guarantee the construction of all street
improvements as required by the PFFP, for each particular phase, 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, as set forth in Table "A"
below. The City Engineer and Director of Planning and Building may, at their
discretion, modify the sequence, schedule, alignment and design of improvement
construction should conditions change to warrant such a revision.
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TABLE A
FACILITY/ AGREE TO CONSTRUCT
STREET NAME LIMITS AND GUARANTEE
CONSTRUCTION BY
East Palomar St. Existing Improvements (in Sunbow) Per PFFP & Olympic
to Paseo Ranchero Parkway Agreement 1
Per PFFP & Olympic
Olympic Pkwy. Brandywine Ave. to Paseo Ranchero Parkway Agreement ~
Per PFFP & Olympic
Olympic Pkwy. Paseo Ranchero to La Media
Parkway Agreement ~
Olympic Pkwy. La Media to Palomar St. Per PFFP &Olympic
Parkway Agreement ~
Per PFFP & Olympic
Olympic Pkwy. Palomar St. to Easterly Otay Border
Parkway Agreement ~
Per PFFP & Olympic
Paseo Ranchero East Palomar St. to Olympic Pkwy.
Parkway Agreement ~
Open Space Landscape All Open Space Lots in Concurrent with each Rough
and Irrigation Imprvmnts Village One West 2 Grading Permit
1Olympic Parkway Financing and Construction Agreement approved by Council Resolution
19410.
2For any open space lot within the project for which a rough grading permit has been issued
prior to the approved Landscape and Irrigation plans for such lot, security shall be provided to the
satisfaction of the Director of Planning and Building, City Engineer, and the City Attorney.
27. Prior to the approval of first final map for the project, the developer shall grant to the
City full width right-of-way, as defined by the City Engineer, for East Palomar Street.
In the event that eminent domain procedures must be initiated, the applicant shall fund
all eminent domain proceedings, City staff time and associated expenses.
28. Secure in accordance with Section 18.16.220 of the Municipal Code, as necessary,
the construction and/or construct full street improvements for all on-site and off-site
streets as identified in the Otay Ranch SPA One PFFP, as may be amended from time
to time deemed necessary to provide service to the subject subdivision. Said
improvements shall include, but not be limited to, asphalt concrete pavement, base,
concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities,
drainage facilities, street lights, traffic signals, signs, landscaping, irrigation, fencing
and fire hydrants. Street light locations shall be approved by the City Engineer.
Street cross sections shall conform to the cross sections shown on the tentative map,
unless otherwise conditioned or approved herein. All other design criteria shall comply
with the current Chula Vista Design Standards, Chula Vista Street Design Standards,
and the Chula Vista Subdivision Manual unless otherwise conditioned or approved
herein.
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29. As part of the improvement plans associated with the final "B" Map which triggers the
installation of the related street improvements, install a fully activated traffic signal
including interconnect wiring at the following intersections:
a. East Palomar Street and Paseo Ranchero
b. East Palomar Street and La Media Road
c. East Palomar Street and Olympic Parkway
d. Olympic Parkway and Paseo Ranchero
e. Olympic Parkway and La Media Road
f. East Palomar and Santa Olivia/West Santa Carina
g. East Palomar and Santa Maria/East Santa Carina
Install underground improvements, standards and luminaries with construction of street
improvements, and install mast arms, signal heads and associated equipment as
determined by the City Engineer.
30. 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.
31. Prior to the issuance of the first rough grade permit for the project area north of East
Palomar Street, the applicant shall provide preliminary design plans for the MTDB San
Diego Trolley LRT System. Said preliminary design plans shall include: trolley
alignment, grades, profile; street profiles at all proposed at-grade crossings; easement
widths; centerline medians at all proposed at-grade crossings; improved public access
at all proposed at-grade crossings. Said plans shall meet the approval of the City
Engineer. Should additional right-of-way be required, the applicant shall provide
additional right-of-way to meet MTDB design standards. Prior to the approval of the
first final "B" map of the project north of East Palomar Street, the applicant shall
provide sufficient cash deposit, if any, in a sum determined by the City Engineer to pay
for those traffic control devices, enhanced signage and road way striping which are
alerting motorists and pedestrians of the MTDB San Diego Trolley LRT System at all
proposed at-grade crossings, not provided by MTDB.
32. The vertical profile for streets at all proposed at-grade crossings shall meet acceptable
engineering design standards and cross the proposed MTDB San Diego Trolley LRT
System alignment at a grade acceptable to MTDB. The profile must be approved by
the City Engineer prior to issuance of the first rough grading permit for the project area
north of East Palomar Street.
33. Design all vertical and horizontal curves and intersection sight distances to conform to
the Caltrans Highway Design Manual. All streets which intersect other streets at or
near horizontal or vertical curves must meet intersection design sight distance
requirements in accordance with City standards. Sight visibility easements shall be
granted as necessary to comply with the requirements in the Caltrans Highway Design
Manual. Lighted SAG vertical curves will be permitted, with the approval of the City
Engineer, at intersections per AASHTO standards.
34. Requested Waivers #3 and #4 shall have a design waiver submitted by the Engineer-of-
Work to the City Engineer stating the deviations from City standards and explaining
that, in their professional opinion, no safety considerations will be compromised. The
waivers will be subject to approval or disapproval at the discretion of the City Engineer.
Resolution 19572
Page 14
35. Requested Waivers #1 and #2, as indicated on the cover sheet of the tentative map,
are hereby approved, subject to the provision that the design speed for horizontal and
vertical curves on private streets shall be 25 mph in lieu of 15 mph as provided for in
the Chula Vista Subdivision Manual.
36. The developer shall dedicate to the City on the 'A' map, a 35-foot wide right-of-way
for the MTDB's San Diego Light Rail Transit and any additional width dedication
required at the at-grade crossings to the satisfaction of the City Engineer. Said right-
of-way shall be contained in lots granted to the City for open space, transportation,
and other public purposes. Said lots shall not extend across street intersections unless
approved by the City Engineer. The developer sha~l include said lots in an open space
district.
37. Enter into an agreement with the City, prior to the approval of the first final map where
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 Design Plans and 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.
38. 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. 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 approval by 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.
39. 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.
40. Prior to the issuance of any rough grading permit for the Project, the applicant shall
submit a study showing that all curb returns for any intersections in excess of 4%
located within the permit boundaries comply with all "Americans with Disabilities Act"
standards at the front and back of sidewalks.
Resolution 19572
Page 15
41. The applicant shall construct two 20-foot wide, concrete (6 inch minimum depth)
emergency access roads from Olympic Parkway to Mount Whitney Street in
Neighborhood R-58 and from Telegraph Canyon Road to Santa Olivia between
Neighborhoods R-50 and R-51B as depicted on the Tentative Map. The emergency
access roads shall be secured by a bond or as otherwise approved by the City Engineer
and City Attorney prior to the approval of the first final map for the project. The
emergency access road shall be constructed concurrent with the first rough grading
for any land within the tentative map. The cross-section of the emergency access road
shall be as shown on the tentative map. Prior to the approval of the applicable rough
grading permit, the applicant shall submit a full set of road improvement plans;
including but not limited to: horizontal alignment, vertical profiles, intersection details,
drainage appurtenances and access control, all as approved by the City Engineer and
the Fire Marshal. Emergency entrances shall be provided with mechanical gates and
an "Opticore" system, or some other automated system with backup and/or fail safe
features acceptable to the Police and Fire Chief.
42. On streets where cul-de-sacs are 150 feet or less in length, the applicant shall provide
a twenty-foot setback on driveways from property line to garage and sectional roll-up
type garage doors except as provided for in the Planned Community District
Regulations or approved by the City Engineer and the Director of Planning and Building.
43. Residential Street Condition 'A' as denoted on the cover page of the tentative map is
the preferred section and shall be implemented on all residential streets, unless
otherwise approved by the City Engineer and Director of Planning and Building. Except
that Santa Maria, between East Palomar Street and Santa Olivia, Santa Olivia, between
East Palomar Street and Strawberry Creek, West Santa Carina between East Palomar
Street and Wind River Court, and East Santa Carina, between East Palomar and Mount
Whitney, shall be a Secondary Village Entry Street as defined in the Otay Ranch SPA
One Plan.
44. In addition to those fire hydrants depicted on the tentative map, the applicant shall
install additional fire hydrants to the satisfaction of the Fire Department as follows:
a. Neighborhood R-53: Misty Creek Court, Lot #17
Stanby Spring Court, Lot #36
b. Neighborhood R-49B: Strawberry Creek Court, Lot #16
Cascade Place, Lot #73
c. Neighborhood R-50: Mount Own Court, Lot #35
d. Neighborhood R-49A: Strawberry Creek Court, Lot # 49
McCain Valley Court, Lot #7, Lot #22
e. Neighborhood R-60 Berry Creek Court, Lot #22, Lot #81
Liberty Creek Court, Lot #29
f. Neighborhood R-56 Foxtail Canyon Street, Lot # 47, Lot # 52,
Autumn Hills Drive, Lot # 33, Lot # 63
Warm Springs Circle, Lot # 72
Resolution 19572
Page 16
g. Neighborhood R-58 Mount Whitney Street, Lot # 21, Lot #54
Wind River Court, Lot # 97, Lot # 74
h. Neighborhood R-55 Red Granite Drive, Lot # 36
The developer may request that the Fire Marshal in his/her sole discretion reconsider
the locations of any of the above hydrants.
45. The developer shall not install privately owned water, reclaimed water, or other utilities
crossing any public street. This shall include the prohibition of the installation of
sleeves for future construction of privately owned facilities. The City Engineer may
waive this requirement if the following is accomplished:
a. The developer enters into an agreement with the City where the developer
agrees to the following:
(i) Apply for an encroachment permit for installation of the private facilities
within the public right-of-way.
(ii)Maintain membership in an advance notice such as the USA Dig Alert
Service.
(iii) Mark out any private facilities owned by the developer whenever work
is performed in the area.
The terms of this agreement shall be binding upon the successors and assigns
of the developer.
b. Shutoff devices as determined by the City Engineer are provided at those
locations where private facilities traverse public streets.
46. Prior to the approval of any improvement plan within the tentative map, submit and
obtain preliminary approval for proposed street names from the Director of Planning
and Building and the City Engineer. No two intersections shall have the same name.
Street name suffixes shall comply with City standards.
47. In accordance with the Olympic Parkway Financing and Construction Agreement, dated
April 20, 1999, and approved by Council Resolution No. 19410, the applicant shall
process and obtain the approval of a Parcel Map, or similar plat or instrument,
whereupon the right-of-way for Olympic Parkway from Brandywine Avenue to SR-125
is offered for dedication to the City of Chula Vista. The alignment of Olympic Parkway
shall substantially conform to the final Olympic Parkway Feasibility Report prepared by
Kimley-Horn and Associates, Inc.
48. The typical cross section of Olympic Parkway including the right-of-way, regional trail,
and meandering sidewalks shall conform to the final Olympic Parkway Master
Landscape Plan by Estrada Land Planning, Inc. The Regional Trail shall be located on
the north side of Olympic Parkway as determined by the Director of Planning and
Building.
Resolution 19572
Page 17
49. Prior to the issuance of any rough grading permit for the Project area, the applicant
shall submit and obtain the approval of a traffic study, to the satisfaction of the City
Engineer, of the adequacy of the paved street width and right-of-way of the entrances
to the project area from East Palomar Street at: East Santa Carina, West Santa Carina,
Santa Maria and Santa Olivia as depicted on the tentative map. The study shall
address expected traffic volumes, available stacking distances and turning movement
volumes at each of the four locations. The study shall also specifically consider the
entrance to the public neighborhood park site (P-13) from East Santa Carina north of
the guarded entry cottage and the proposed access to the elementary school site (S-3),
also from East Santa Carina. The study shall make specific recommendations for
additional protected turn lanes at any or all of the locations. The traffic study shall
demonstrate the adequacy of Santa Carina to handle school generated traffic for the
school site (S-3), to the satisfaction of the City Engineer, minimum right-of-way width
and location details for points of ingress/egress. The applicant shall comply with all
of the study recommendations. These recommendations shall be incorporated into the
design of the street improvements at these locations.
GRADING AND DRAINAGE
50. Storm drain systems that collect water from private property shall be designated
private on grading and drainage and/or improvement plans to the point of connection
with a public system or to the point at which storm water that is collected from public
street right-of-way, public park or open space areas is first introduced into the system.
Downstream from that point, the storm drain system shall be public. An encroachment
permit shall be processed and approved by the City for private storm drains within the
public right-of-way or within C.F.D. maintained Open Space lots.
51. 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.
52. Prior to any grading permit issuance or any final map approval within the tentative
map, whichever occurs first, and 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 including the City of San Diego's parcels.
53. Prior to the approval of any rough grading permit for Neighborhoods R-59 and R-55, if
the applicant does not secure offsite grading authority from responsible public
agencies, the applicant shall submit and obtain approval from the Director of Public
Works, an alternative design for a Substantial Conformity Finding.
54. Developer shall grant on the "A" map an access easement from East Palomar Street
to the at-grade crossing at Santa Maria.
55. Storm drain design shall conform to the requirements of the Subdivision Manual and
the Grading Ordinance as may be amended from time to time.
56. Design the storm drains and other drainage facilities to include Best Management
Practices to minimize non-point source pollution, satisfactory to the City Engineer.
Resolution 19572
Page 18
57. Provide a setback, as determined by the City Engineer, between the property lines of
the proposed lots and the top or toe of any slope to be constructed where the
proposed grading adjoins undeveloped property or property owned by others. The City
Engineer will not approve the creation of any lot that does not meet the required
setback.
58. 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.
59. Submit a list of proposed lots with the appropriate grading plan indicating whether the
structure will be located on fill, cut or a transition between the two situations unless
otherwise approved by the City Engineer.
60. Grant on the appropriate final "B" map a 15 feet minimum drainage and access
easement for storm drain lines located between residential units unless otherwise
directed by the City Engineer. All other easements shall meet City standards for
required width.
61. Provide runoff detention basins or other facilities approved by the City Engineer to
reduce the quantity of runoff from the development to an amount equal to or less that
the present 100-year frequency runoff.
62. Prior to approval of the first final "B" map or grading permit for land draining into the
Poggi Canyon or grading permit which requires construction of the Poggi Canyon
Channel, whichever occurs first, the developer shall:
a. Guarantee the construction of the applicable drainage facility, unless otherwise
approved by the City Engineer including a runoff detention/desilting basin and
naturalized channel in Poggi Canyon. The City Engineer may approve that these
facilities are constructed at a later time if the developer provides private
temporary runoff detention basins or other facilities, approved by the City
Engineer, which would reduce the quantity of runoff from the development to
an amount equal to less than the present 100-year flow. Said temporary
facilities shall comply with all the provisions of the National Pollutant Discharge
Elimination System (NPDES) and the Clean Water Program. Prior to issuance
of any grading permit which approves any temporary facility, the developer shall
enter into an agreement with the City to guarantee the adequate operation and
maintenance (0 & M) of said facility. The developer shall provide security
satisfactory to the City to guarantee the 0 & M activities, in the event said
facilities are not maintained to City standards as determined by the City
Engineer. The developer shall be responsible for obtaining all permits and
agreements with the environmental regulatory agencies required to perform this
work, except as provided for in the Olympic Parkway Financing and
Construction Agreement approved by Council Resolution No. 19410.
b. Prepare a maintenance program including a schedule, estimate of cost,
operations manual and a financing mechanism for the maintenance of the
applicable facilities. Said program shall be subject to approval of the City
Engineer, the Director of Planning and Building, and the applicable
environmental agencies.
Resolution 19572
Page 19
c. Enter into an agreeinePt wj,th the City of Chula Vista wherein the parties agree
to implement the maintenance program. Such agreement may include
environmental agencies the City of Chula Vista deems necessary parties to such
agreement.
d. Enter into an agreement with the City where the developer agrees to the
following:
{i) Provide for the maintenance of the naturalized channel and detention
basin in Poggi Canyon until such time as maintenance of such facilities
is assumed by the City or an open space district.
(ii) Provide for the removal of siltation in Poggi Canyon Channels (including
detention basins) until all upstream grading within the development is
completed and erosion protection planting is adequately established as
determined by the City Engineer and Director of Planning and Building.
(iii) Provide for the removal of any siltation in the Poggi Canyon Channel
(including detention basins) attributable to the development for a
minimum period of five years after maintenance of the facility is
accepted by the City or an open space district.
63. The developer shall comply with all the provisions of the National Pollutant Discharge
Elimination System (NPDES) and the Clean Water Program during and after all phases
of the development process, including but not limited to: mass grading, rough grading,
construction of street and landscaping improvements, and construction of dwelling
units.
64. 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,
65. 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.
66. Ensure that brow channels and ditches emanating from and/or running through City
Open Space are not routed through private property and vice versa.
67. Provide a graded access (12 feet minimum width) and access easements as required
by the City Engineer to all public storm drain inlet structures, including but not limited
to the following:
a. The 8ft. by 8ft. box culvert located at the southwest corner of Paseo Ranchero
and Olympic Parkway.
b, The permanent detention/desiltation basin outlet structure.
Resolution 19572
Page 20
Improved access as determined by the City Engineer shall be provided to public
drainage structures located in the rear yard of any residential lot or private open space
lot.
68. Provide additional graded maintenance access roads along both sides of the proposed
onsite and offsite portions of the Poggi Canyon Channel. The width of said roads shall
be 12 feet unless otherwise approved by the City Engineer. The final dimensions and
location of the access roads shall be as determined by the City Engineer. The
maintenance access roads shall be designed to accommodate the space required for
the tree planting nodes at 750 foot intervals as depicted on the Olympic Parkway
Landscape Master Plan by Estrada Land Planning, Inc.
69. Provide a protective fencing system around (1) the proposed detention basin in Poggi
Canyon, and (2) inlets and outlets of storm drain structures, as directed by the City
Engineer. The final design and types of construction materials shall be subject to
approval of the Director of Planning and Building and the City Engineer.
70. Designate all drainage facilities draining private property to the point of connection with
public facilities as private.
71. Obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management
Agency revising the current National Flood Insurance Program maps of the downstream
end of Poggi Canyon Channel east of Brandywine Avenue to reflect the effect of the
proposed drainage improvements. The LOMR shall be completed prior to acceptance
by the City of the proposed detention facility.
72. Obtain, prior to approval of the first final "B" Map, the approval of the Director of
Public Works of any amendment necessary to make the Master Drainage plan
consistent with the approved Tentative Map.
73. Prior to issuance of each grading permit for the Project, prepare and obtain approval
by the City Engineer, Director of Planning and Building of an erosion and sedimentation
control plan.
74. Indicate on all affected grading plans that all walls which are to be maintained by open
space districts shall be constructed entirely within open space lots dedicated to the
City.
75. Unless otherwise provided by the Olympic Parkway Financing and Construction
Agreement dated April 20, 1999, prior to issuance of any grading permit for any land
that is contained within the Tentative Map and within the Poggi Canyon Basin, the
applicant shall secure the required permits from the Army Corps of Engineers (ACOE)
and the California Department of Fish and Game (CDFG). No grading adjacent to the
Poggi Canyon shall occur without prior consultation with the City Mitigation Monitor,
and the City Engineer.
76. Prior to the issuance of the rough grading permit for the project area north of East
Palomar Street, the developer shall revise the existing Telegraph Canyon Detention
Basin and Siltation Agreement approved by City Council Resolution No. 18746 on
August 12, 1997, and any amendments thereto to include the Project area.
Resolution 19572
Page 21
SEWER
77. All sewer access points {manholes) shall be located at the centerline of streets or cul-
de-sacs unless otherwise approved by the City Engineer and Director of Public Works.
78. Provide an access road with a minimum width of 12 feet to all sanitary sewer access
points using such construction material as approved by the Director of Public Works.
The roadway shall be designed for an H-20 wheel load or other loading as approved by
the City Engineer. Sewer lines shall be installed as close to perpendicular to the slope
contours as possible but in no case greater than 15 degrees from perpendicular to the
contours.
79. Grant on the appropriate final "B" Map a 20 feet minimum sewer and access easement
for sewer lines located between residential units unless otherwise directed by the City
Engineer. All other easements shall meet City standards for required width.
80. No diversion from the natural boundaries of the Poggi Canyon Sewer Basin will be
allowed, unless approved by the City.
Prior to the approval of the first final "B" map, the applicant shall submit a study
analyzing the capacity of all sewer facilities downstream from the project area. The
study shall be approved by the City Engineer and shall consider all approved land
development projects and anticipated future land uses that would utilize the
downstream facilities. The sewer study shall update the "Overview of Sewer Service
for SPA One at the Otay Ranch Project" (SPA One Sewer Report) prepared by Wilson
Engineering dated June 4, 1996. At the request of the City Engineer, the applicant
shall update the Telegraph Canyon and Poggi Canyon Sewer Development Impact Fee
at the developers own cost and expense. Such update shall be submitted approved
by the City Council.
PARKS/OPEN SPACE/WILDLIFE PRESERVATION
81. The Village One West 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. Two thirds
(2 acres/1,000 residents) of local park requirement shall be satisfied through the
provision of turn-key neighborhood park within Village One West. The remaining
requirement (1 acre/1,000 residents) shall be satisfied through the payment of fees,
dedication of land, or a combination thereof.
82. a. The applicant shall grant to the City, at the first "A" map, an irrevocable offer
of dedication for a 5.1 net acre P-13 park site with a minimum east/west
dimension of 360 feet at a 2% grade. Prior to the approval of the first final
map, the applicant shall submit a construction schedule for Park P-I 3 to be
approved by the Director of Planning and Building. The applicant shall
commence construction of the park by the issuance of the 400th building permit
in the project and complete the park within nine months of commencement of
construction. The term "complete construction" shall mean park construction
has been completed according to the City approved construction plans and
Resolution 19572
Page 22
accepted by the Director of Planning and Building. Furthermore, "complete
construction" shall mean prior to and shall not include the City's established
maintenance period required prior to acceptance by the City for public use.
b. Developer agrees that at no time shall there be a deficit in "constructed
neighborhood park" based upon 2 acres/1,000 residents. Developer further
agrees that the City may withhold the issuance of building permits for the
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.
83. 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.
84. 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 and community parks in accordance with the Master Plan whereby the
Planning and Building Director selects 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. The
agreement shall include, but not be limited to, master planning, design development
phase, construction document phase and construction supervision phase for the park
sites. The construction documents shall reflect the then current requirements of the
City's Code/Landscape Manual requirements.
85. The Applicant shall receive surplus park credit to the extent the combined park credit
for neighborhood park, and the community park exceeds the 3 acres per 1,000
residents standard. This surplus park credit may be utilized by the Applicant to satisfy
local park requirements in future SPA's located within the City's corporate boundaries.
86. The applicant shall pay PAD fees for park P-13 development improvements to the City
in accordance with the PLDO. The Applicant and the City shall mutually agree on a
PAD fee reimbursement schedule in coordination with the adopted construction
schedule for Park P-13. Milestones will be established for partial reimbursement during
the construction process. The City may withhold up to 20% of the park construction
funds until the park has been completed and accepted. Reimbursement of PAD fees
shall include the interest accrued by the City on said PAD fees minus the City' cost of
processing and administering this reimbursement program.
87. Community Parks:
a. Prior to the approval of each final "B" Map the Applicant shall pay PAD fees,
dedicate land, or a combination thereof, for the Community Park based upon a
formula of 1 acre per 1,000 residents, until such time as a turn-key facility has ""'
been constructed by the applicant and accepted by the Director of Planning and
Building. Said turn*key facility is subject to the reimbursement mechanism set
forth below.
Resolution 19572
Page 23
b. The first Otay Ranch Community Park, to satisfy Village One West demand,
shall be located in Village 2 as identified in the GDP.
c. Notwithstanding that the community park requirement (1 acre/1,000 residents)
shall be satisfied through the payment of PAD fees, dedication of land, or a
combination thereof, the Applicant shall commence construction of the first
phase of the Community Park prior to issuance of the building permit for the
2,650th dwelling unit within SPA One. The first phase of construction shall
include, but not be limited to, improvements such as a graded site with utilities
provided to the property line and an all weather access road acceptable to the
Fire Department.
d. The Applicant shall commence construction of the second phase of the
Community Park prior to issuance of the building permit for the 3,000th
dwelling unit within SPA One. Second phase improvements shall include
recreational amenities as identified in the Park Master Plan.
e. The Community Park shall be ready for acceptance by the Director of Planning
and Building for maintenance prior to issuance of the building permit for the
3,900th dwelling unit within SPA One.
f. If the Director of Planning and Building determines that it is not feasible for the
Applicant to commence construction of the first phase improvements of the
community park prior to issuance of the building permit for the 2,650th unit
within SPA One, then the Director of Planning and Building shall have the option
to utilize the PAD fees for said improvements, or to construct another park
facility, east of the 1-805 Freeway within an acceptable service radius of SPA
One, as set forth in the GDP.
g. The Applicant shalt provide a maintenance period of 9-12 months in accordance
with the City of Chula Vista Planning and Building Department policy.
h. The Applicant shall receive reimbursement of PAD fees, proportionate to what
has been constructed, excluding the cost of construction of the all weather
access road, for the community park should they deliver a turn-key facility to
the City in accordance with the Community Park Master Plan, subject to the
approval of the Director of Planning and Building.
88. Trails/Open Space:
a. All trails shall be bonded/secured and constructed with the approved rough
grading, and connect to adjoining existing and/or proposed trails in neighboring
development projects, as determined by the Director of Planning and Building.
b. The applicant shall construct the Regional Trail on the north side of Poggi
Canyon (Olympic Parkway) for the entire length of Olympic Parkway in Village
One, and shall be designed to incorporate the Olympic Parkway Landscape
Master Plan by Estrada Land Planning, Inc. as approved by the City and as
amended from time to time, including the "tree planting nodes" as specified in
the Olympic Parkway Landscape Master Plan. The Regional Trail shall meander
Resolution 19572
Page 24
away from the curb as much as possible avoiding the "tree planting nodes".
If retaining walls are necessary, they should be kept to a minimum and/or if a
grading solution can be found, retaining walls will not be used to gain additional
space for the street corridor. The retaining walls are to be located and detailed
on the Grading Plans for Olympic Parkway and/or the Poggi Canyon Drainage
Channel, and approved by 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 necessary. Prior to the installation of the regional
trail, install a fence along those portions of the proposed maintenance access
roads of the Poggi Canyon Channel, which are proposed to be incorporated into
the Regional Trail System. The fence shall be erected only at those locations
where its installation will not interfere with the normal channel maintenance.
The specific locations where the fence will be allowed and the fence details
shall be as determined by the City Engineer and Directbr of Planning and
Building.
c. The maximum gradient for the connector trails located in open space lots #27
and #34 shall be 10%. Steeper grades of up to 12% for runs of up to 50 feet
may be permitted subject to the approval of the Director of Planning and ~
Building.
d. The graded section upon which the connecting trails 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. All trail portions which contain sewer easements
shall be constructed to meet Ho20 loading, and shall be 12 feet wide. Trail
construction materials shall be approved by the Directors of Public Works and
Planning and Building.
e. If the two trail connections located in open space lot #27 adjacent to Telegraph
Canyon Road, and in open space lot #34 adjacent to Olympic Parkway, are
located behind attended entry cottages, adequate public signage and direction
shall be provided by the applicant to the satisfaction of the Director of Planning
and Building, to encourage public access for pedestrians to enter through or
adjacent to the attended entry areas to access the public trail connections.
f. Applicant shall provide public pedestrian, bicycle, cart ingress and egress
easements upon over and across Santa Maria, Tenaya Lake Place, Liberty Creek
Court, Berry Creek Court, and East Santa Carina and shall install appropriate
signage indicating location of trail connections, handicap access, and bikeway
locations to the Regional Trail, and shall be approved by the Director of Planning
and Building prior to the approval of the first final "B" map for Village One
West. Signage shall be installed upon the request of the Director of Planning ._~
and Building.
g. Prior to the installation of the regional trail, install a fence along those portions
of the proposed maintenance access roads of the Poggi Canyon Channel, which
Resolution 19572
Page 25
are proposed to be incorporated into the Regional Trail System. The fence shall
be erected only at those locations where its installation will not interfere with
the normal channel maintenance. The specific locations where the fence will
be allowed and the fence details shall be as determined by the City Engineer
and Director of Planning and Building.
OPEN SPACE/ASSESSMENTS
89. Prior to the approval of the first final "B" Map, the developer shall:
a. Submit and obtain approval of the Village One West Maintenance Responsibility
Map from the Director of Planning and Building which shall include delineation
of private and public streets.
b. Submit evidence, acceptable to the City Engineer and the Director of Planning
and Building prior to approval of the first "B" Map of the formation of a Master
Homeowner's Association (MHOA), or another financial mechanism acceptable
to the City Manager. The MHOA shall be responsible for the maintenance of
those landscaping improvements that are not to be included in the proposed
Open Space District.The City Engineer and the Director of Planning and Building
may require that some of those improvements shall be maintained by the Open
Space District. The final determination of which improvements are to be
included in the Open Space District and those to be maintained by the MHOA
shall be made during the Open Space District Proceedings. The MHOA shall be
structured to allow annexation of future tentative map areas in the event the
City Engineer and Director of Planning and Building require such annexation of
future tentative map areas. The MHOA formation documents shall be approved
by the City Attorney.
c, Submit and obtain approval of the City Engineer and the Director of Planning
and Building of a list of all Otay Ranch SPA One and MHOA facilities and other
items to be maintained by the proposed district. Separate lists shall be
submitted for the improvements and facilities to be maintained by the Open
Space District and those to be maintained by a Master Homeowner's
Association, Include a description, quantity and cost per year for the perpetual
maintenance of said improvements. These lists shall include but are not limited
to the following facilities and improvements:
(i) All facilities located on open space lots to include but not be limited to:
walls, fences, water fountains, lighting structures, paths, trails, access
roads, drainage structures and landscaping. Each open space lot shall
also be broken down by the number of acres of: 1 ) turf, 2) irrigated, and
3) non-irrigated open space to aid in the estimation of a maintenance
budget thereof.
(ii) Medians and parkways along Olympic Parkway, Paseo Ranchero, East
Palomar Street, (onsite and offsite) and all other street parkways
proposed for maintenance by the open space district or Homeowners'
Association.
Resolution 19572
Page 26
(iii) The proportional share of the proposed detention basin and naturalized
channel in Poggi Canyon. This includes but is not limited to the cost of
maintenance and all cost to comply with the Department of Fish 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 Telegraph Canyon Road adjoining the development
as determined by the City Engineer.
90. Offer for dedication in fee interest to the City on the first "A" map, all numbered open
space lots shown on the tentative map. Execute and record an irrevocable offer of
dedication of fee interest for each of the lots to be maintained by the City through the
open space district.
91. Prior to the approval of the first "A" map, the developer shall request the formation of
an Open Space District. This district formation shall be submitted to the City Council
for consideration prior to approval of the first final "B" map. Maintenance of the open
space improvements shall be accomplished by the developer for a minimum period of
one year or until such time as accepted into the open space district by the Director of
Planning and Building. If Council does not approve the open space district formation,
some other financing mechanism such as homeowners association shall be identified
and submitted to the City Council for consideration prior to approval of the first final
"B" map. Prior to the approval of the first final map, developer shall submit an initial "-
deposit of $35,000 to begin the process of formation of the open space district. All
costs of formation and other costs associated with the processing of the open space
relating to this project shall be borne by the developer. Provide all the necessary
information and materials (e.g., exhibits, diagrams, etc.) as determined by the City
Engineer to prepare the engineer's report for the proposed open space district.
92. The applicant shall agree to create a Master Homeowner's Association ("MHOA") to
own and maintain in a professional manner open space areas, medians, and parkways
not maintained by the Community Facility District or the City (referred to collectively
as "open space areas"). Developer shall complete the formation of the MHOA prior the
first final "B" map. The MHOA shall be structured to allow annexation of future
tentative map areas in the event the City Engineer and Director of Planning require
such annexation of future tentative map areas. On or before 60 days from the date of
Council approval of this tentative map, the developer shall submit for City's approval
the CC&R's, grant of easements and maintenance standards and 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 negligence of the MHOA in the maintenance of such areas.
93. Prior to the approval of each Final "B" Map, Declaration of Covenants, Conditions, and
Restrictions (CC&R's) shall be submitted and approved by the City Engineer. The
CC&R's shall include the following obligations of the Master Homeowners Association:
a. Maintain all the facilities and improvements within the open space lots offered
for dedication to the City until acceptance of the open space lots for
maintenance by the open space district.
Resolution 19572
Page 27
b. A requirement that the MHOA shall maintain comprehensive general liability
insurance against liability incident to ownership or use of the following areas:
(i) open space lots offered for dedication to the City until acceptance by
the City,
(ii) all open space lots that shall remain private,
(iii) other Master Association property.
Maintain the public street City right-of-way between East Palomar Street and
the attended entry cottage on East Santa Carina.
c. Before any revisions to provisions of the CC&R's that may particularly affect
the City can become effective, said revisions shall be approved by the City. The
MHOA shall not seek approval from the City of said revisions without the prior
consent of 1 O0 percent of the holders of first mortgages or property owners
within the MHOA.
d. The MHOA shall indemnify and hold the City harmless from any claims,
demands, causes of action liability or loss related to or arising from the
maintenance activities of the MHOA.
e. The MHQA shall not seek to be released by the City from the maintenance
obligations described herein without the prior consent of the City and 100
percent of the holders of first mortgages or property owners within the MHOA.
f. The MHOA is required to procure and maintain a policy of comprehensive
general liability insurance written on a per occurrence basis in an amount not
less than one million dollars combined single limit. The policy shall be
acceptable to the City and name the City as additionally insured.
g. The CC&R's shall incorporate restrictions for each lot adjoining open space lots
containing walls maintained by the open space district to ensure that the
property owners know that the walls may not be modified or supplemented nor
may they encroach on City property.
h. The CC&R's shall include provisions assuring maintenance of all streets,
driveways, drainage and sewage systems which are private.
i. The CC&R's shall include provisions assuring maintenance of the striping,
signage, and legends located at both MTDB San Diego LRT Trolley System at-
grade crossings within the project which are not maintained by MTDB.
j. The CC&R's shall include provisions assuring MHOA membership in an advance
notice such as the USA Dig Alert Service in perpetuity.
k. The CC&R's shall include provisions that provide the City has the right to
enforce the CC&R provisions same as any owner in the project.
Resolution 19572
Page 28
I. 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.
m. 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 MHQA.
94. Future property owners shall be notified during escrow, by a document to be initialed
by the owners, of the maintenance responsibilities of the MHOA and their estimated
annual cost. Developer shall submit the document and obtain the approval of the City
Engineer and Director of Planning and Building prior to distribution through escrow.
95. 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.
96. Ensure that all buyers of lots adjoining open space lots containing walls maintained by
the open space district sign a statement, when purchasing their homes, stipulating that
they are aware that the walls are on City property and that they shall not modify or
supplement the wall or encroach onto City property. These restrictions shall also be
incorporated in the CC&R's for each lot. ----
97. 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.
98. The developer shall extend open space lot #27 to meet Wildwood Court to provide a
12-foot wide access for maintenance of the open space.
99. Prior to issuance of any grading permit which includes Landscaping and Irrigation (L&I)
improvements to be installed in an open space lot to be maintained by the open space
district, the developer shall place a cash deposit with the City which will guarantee the
maintenance of the L&I improvements until the City accepts said improvements. In the
event the improvements are not maintained to City standards as determined by the
City Engineer and the Director of Planning and Building, the deposit shall be used to
perform the maintenance. The amount of the deposit shall be equivalent to the
estimated cost of maintaining the open space lots to City standards for a period of six
months as determined by the City Engineer. Any unused portion of said deposit shall
be incorporated into the open space district's reserve at such time as the maintenance
of the open space lot is assumed by the open space district.
WATER
100. 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).
Resolution 19572
Page 29
101. 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.
102. A rough grading permit shall not be issued nor any final map for the Project approved
unless all of the following occurs:
a. The applicant shall enter into an agreement with the City of San Diego to
relocate that portion of Otay 2na Pipeline ("Pipeline") within the boundaries of
Village One West. The agreement shall contain provisions which demonstrate
to the satisfaction of the City of Chula Vista City Engineer and the Director of
Planning and Building that: 1 ) City of San Diego ownership of the Pipeline
property located within Village One West will be transferred to the applicant,
2) the pipeline will be relocated, 3) such relocation, in the opinion of the City
of Chula Vista City Engineer, will not adversely affect City of Chula Vista
easements and right-of-ways. The agreement shall contain specific time limits
for performance of each of the principle provisions of the agreement which shall
be subject to the approval of the City of Chula Vista. Any permit required for
the Project or final map approvals will be withheld by the City of Chula Vista in
the event of non-performance of any of the agreement's provisions within the
time limits. Concurrent with the execution of the City of San Diego agreement,
the applicant shall submit and obtain approval by the both the City of San Diego
and the City of Chula Vista City Engineer of a horizontal and vertical alignment
study for the Pipeline relocation; and
b. If the Director of Planning and Building and the City Engineer determine, in their
sole discretion, that the proposed relocation of the Pipeline adversely impacts
the approved tentative map design, the applicant shall file and obtain the City
of Chula Vista's approval of a revised tentative map prior to the issuance of a
grading permit for the Project. Such revised tentative map may require the
substantial redesign of the Project, including the elimination of buildable lots;
Or
c. If the Director of Planning and Building and the City Engineer determine, in their
sole discretion, that the horizontal and vertical alignment is infeasible, relative
to its impacts on public facilities, then the applicant shall file and obtain the City
of Chuta Vista's approval of a revised tentative map prior to the issuance of a
grading permit for the Project. Such revised tentative map shall fully mitigate
any impacts on public facilities and may require the substantial redesign of the
Project, including the elimination of buildable lots.
103. Should the developer and City of San Diego not enter into an agreement for the
relocation of the Otay 2nd Pipeline, a rough grading permit shall not be issued nor a final
map approved unless the applicant files and obtains the City of Chula Vista's approval
of a revised tentative map which depicts the City of San Diego Pipeline property as
out-parcels and removes all Iotting from within these parcels.
104. Prior to the issuance of any rough grading permit for the Project, the applicant shall
demonstrate, to the satisfaction of the City Engineer, that sufficient space will remain
available for a parallel 12-inch sewer line and reclaimed water line in or adjacent to
Telegraph Canyon Road.
Resolution 19572
Page 30
EASEMENTS
105. 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.
106. Indicate on the appropriate "B" Map 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 any 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.
107. Developer shall provide on the "A" Map a 24-foot access easement from the end of
Eagle Ridge Place to the northeast portion of APN#641-030-03. Said easement shall
not be emergency as depicted on the Tentative Map. Said easement shall be full street
width on Eagle Ridge Place, Misty Creek Street, and Santa Maria to East Palomar
Street.
108. Developer shall provide on the "A" Map a 24-foot access easement(s) from APN#641 -
060-020 and APN#641-060-030 to East Palomar Street. Said easement(s) shall not
be emergency as depicted on the Tentative Map. Said easement shall meet City
standards to the satisfaction of the City Engineer.
109. The developer shall notify the City at least 60 days prior to consideration of the final
map by City if any off-site right-of-way cannot be obtained as required by the
Conditions of approval. (Only off-site right-of-way or easements affected by Section
66462.5 of the Subdivision Map Act are covered by this condition.)
After said notification, the developer shall:
a. Pay the full cost of acquiring off-site right-of-way and/or easements required by
the Conditions of Approval of the tentative map.
b. Deposit with the City the estimated cost of acquiring said right-of-way and/or
easements. Said estimate to be approved by the City Engineer.
C. Have all easements and/or right-of-way documents and plats prepared and
appraisals complete which are necessary to commence condemnation
proceedings as determined by the City Attorney,
d. Request that the City use its powers of Eminent Domain to acquire right-of-
way, easements or licenses needed for off-site improvements or work related
to the final map. The developers shall pay all costs, both direct and indirect
incurred in said acquisition.
The requirements of a, b, and c above shall be accomplished prior to the
approval of the first Final "B" Map.
Resolution 19572
Page 31
110. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City
Code on any final map that proposes private utilities or drainage facilities crossing
property lines as directed by the City Engineer.
111. Grant to City on the appropriate final "B" Map two foot access easements along the
rear and side property line of lots adjoining walls to be maintained by the open space
district. The locations of these easements shall be as required by the Director of
Planning and Building and the City Engineer to provide adequate access for
maintenance of said walls.
I 12. Storm drain easements shall be private unless the storm drain systems therein are
public.
113. 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.
114. 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.
AGREEMENTS/FINANCIAL
115. Enter into a supplemental agreement with the City, prior to approval of each final "B"
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 adopted East Chula
Vista Transportation Phasing Plan have been reached.
(ii) Traffic volumes, levels of service, public utilities and/or services exceed
the threshold standards in the then effective Growth Management
Ordinance.
(iii) The applicant does not comply with the terms of the Reserve Fund
Program.
b. That the City may withhold building permits for any of the phases of
development identified in the Public Facility Finance Plan {PFFP) for Otay Ranch
SPA One if the required facilities, as identified in the PFFP or as may be
amended from time to time, have not been completed.
c. 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
Resolution 19572
Page 32
provided the City promptly notifies the-subdivider of any claim, action or
proceeding and on the further condition that the City fully cooperates in the
defense.
d. Hold the City harmless from any liability for erosion, siltation or increase flow
of drainage resulting from this project.
e. 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 project area. Developer agrees that the City of Chula
Vista may grant access to cable television 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 of the
terms and conditions of the franchise and which are in further 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.
f. 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.
116. Enter into an supplemental agreement with the City prior to approval of the first final
"B" Map, where the developer agrees to the following:
a. Participate, on a fair share basis, in any deficiency plan or financial program
adopted by SANDAG to comply with the Congestion Management Program
(CMP).
b. To not protest the formation of any future regional impact fee program or
facilities benefit district to finance the construction of regional facilities.
117. Prior to the approval of the first final "B" map, the applicant shall enter into an
agreement with the City for the maintenance of City property by the Homeowner's
Association.
118. The applicant shall comply with all previous Agreements as they pertain to the
tentative map.
SCHOOLS
119. The Applicant shall deliver to the Sweetwater Union High School District a 50-net
usable acre graded high school site including utilities provided to the site and an all
weather access road acceptable to the District prior to issuance of the 1,400'h building
permit (504 students) within SPA One. 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.
Resolution 19572
Page 33
120. The applicant shall deliver to the Chula Vista Elementary School District, a graded
elementary school site including utilities provided to the site and an all weather access
road acceptable to the District, located west of Paseo Ranchero (S-3), prior to issuance
of the 4,500th residential building permit (1,350 students) within SPA One. 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.
MISCELLANEOUS
121. Submit copies of final maps, grading and improvement plans in a digital format such
as (DXF) graphic file prior to approval of each Final Map. Provide computer aided
design (CAD) copy of all final maps based on accurate coordinate geometry
calculations and submit the information in accordance with the City Guidelines for
Digital Submittal in duplicate on media acceptable to the City Engineer prior to the
approval of each final map.
122. Tie the boundary of the subdivision to the California System-Zone VI (1983).
123. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the
CVMC) and the Otay Ranch General Development Plan (GDP), the Applicant shall
complete the following: (1) Fund the preparation of an annual report monitoring the
development of the community of Otay Ranch. The annual monitoring report will
analyze the supply of, and demand for, public facilities and services governed by the
threshold standards. An annual review shall commence following the first fiscal year
in which residential occupancy occurs and is to be completed during the second
quarter of the following fiscal year. The annual report shall adhere to those guidelines
noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year
development phasing forecast identifying targeted submittal dates for future
discretionary applications (SPA's and tentative maps), projected construction dates,
corresponding public facility needs per the adopted threshold standards, and identifying
financing options for necessary facilities.
124. The owners of each Village shall be responsible for retaining a project manager to
coordinate the processing of discretionary permit applications originating from the
private sector and submitted to the City of Chula Vista. The project manager shall
establish a formal submittal package required of each developer to ensure a high
standard of design and to ensure consistency with standards and policies identified in
the adopted SPA Plan. The project manager shall have a well rounded educational
background and experience, including but not limited to land use planning and
architecture.
125. 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
Resolution 19572
Page 34
require extensive changes, at developers cost, to work done under such early permit.
Prior to the issuance of a permit, the developer shall post a bond or other security
acceptable to the City in an amount determined by the City to guarantee the
rehabilitation of the land if the applicable final "B" Map does not record.
126. Future property owner within 200-feet of the centerline of the MTDB San Diego Trolley
LRT System shall be notified during escrow by a document to be initialed by the
owners, that an acoustical analysis for the Trolley was prepared and will be made
available for the owners review. This disclosure document shall be submitted prior to
approval of the first final "B" map for the project for approval by the City Engineer and
the Director of Planning and Building.
PHASING
127. If the applicant modifies the SPA One approved phasing plan, the applicant shall submit
to the City a revised phasing plan for review and approval prior to approval of the first
final "B" Map. The PFFP shall be revised where necessary to reflect the revised phasing
plan.
128. 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 Ptanning 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.
129. 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 PFF:P identifies
a facility phasing plan based upon a set of assumptions concerning the location and
rate of development within and outside of the project area. Throughout the build-out
of SPA One, actual development may differ from the assumptions contained in the
PFFP. Neither the PFFP nor any other SPA One document grant the Applicant an
entitlement to develop as assumed in the PFFP, or limit the SPA 0ne's facility
improvement requirements to those identified in the PFFP. Compliance with the City
of Chula Vista threshold standards, based on actual development patterns and updated
forecasts in reliance on changing entitlements and market conditions, shall govern SPA
One development patterns and the facility improvement requirements to serve such
development. In addition, the sequence in which improvements are constructed shall
correspond to any future Eastern Chula Vista Transportation Phasing Plan or
amendment to the Growth Management Program and Ordinance adopted by the City.
The City Engineer may modify the sequence of improvement construction should
conditions change to warrant such a revision. The Otay Ranch SPA One PFFP, at the
Applicant's expense and subject to a Reimbursement Agreement, shall be updated no
later than six (6) months after the approval of a PFFP for the EastLake III GDP Area,
Resolution 19572
Page 35
and the conclusions of such updat~.,~ .including without limitation, the nature, sizing,
extent and timing for the construction of public facilities caused by SPA One, shall
become a condition for all subsequent SPA One entitlements, including tentative and
final maps. Developer agrees that the City Engineer may change the timing of
construction of the public facilities
CODE REQUIREMENTS
130. 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.
131. Underground all utilities within the subdivision in accordance with Municipal Code
requirements.
132. Pay the following fees in accordance with the City Code and Council Policy:
a. The Transportation and Public Facilities Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to sewer connection fees.
d. Interim SR-125 impact fee.
e. Telegraph Canyon Sewer Basin DIF.
f. Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future.
g. Telegraph Canyon Basin Drainage DIF.
h. Reimbursement District for Telegraph Canyon Road Phase 2 Undergrounding.
i. Otay Ranch Reserve Fund fee.
Pay the amount of said fees in effect at the time of issuance of building permits.
133. 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.
134. 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.
135. Comply with Council Policy No. 570-03 if pump stations for sewer purposes are
proposed.
Resolution 19572
Page 36
136. Comply with Council Policy No. 522-02 regarding maintenance of natural channels
within open spaces.
137. The applicant shall comply with all aspects of the City of Chula Vista Landscape
Manual.
138. All proposed development shall be consistent with the Otay Ranch SPA One Planned
Community District Regulations.
139. 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).
140. The applicant acknowledges that the City is presently in the process of amending its
Growth Management Ordinance to add a proposed Section 19,09.105, to establish
provisions necessary to ensure compliance with adopted threshold standards
(particularly traffic) prior to construction of State Route 125. Said provisions will
require the demonstration, to the satisfaction of the City Engineer, of sufficient street
system capacity to accommodate a proposed development as a prerequisite to final
map approval for that development, and the applicant hereby agrees to comply with
adopted amendments to the Growth Management Ordinance. .__.
141. Upon submittal of building plans for small lot single family (5,000 square feet or less
as defined in the City of Chula Vista Design Manual) residential development, plans
shall clearly indicate that 750 square feet of private open space will be provided within
the subdivision.
142. 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 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.
GUARDED AREAS
143. The following locations as proposed by the applicant are authorized for guarded
entrances: Santa Olivia, Santa Maria, East Santa Carina and West Santa Carina.
144. Guarded entrances shall not have physical barriers. Guarded entrances shall be staffed
from dusk until dawn, unless the MHOA or the applicant determines it is economically
impractical. Physical barriers shal~ be prohibited at the entrances to guarded areas
unless specifically approved by City Council.
Resolution 19572
Page 37
145. Parks located within guarded areas shall not receive park credit.
146. All streets within guarded areas shall be designated as private. Design of said streets
shall meet the City standards for public streets unless otherwise approved by the City
Engineer. Private street cross sections shall conform to those shown on the tentative
map.
147. All private streets within Final "B" Maps shall be included in separate lots. The
applicant shall provide a certificate granting to the City a public utility easement over
the entire private street lots on the appropriate Final "B" Map. All private streets shall
be owned as an equal and undivided interest by each subsequent property within the
subdivision.
148. Guarded entrances shall:
a. Require approval by the City Engineer and the Director of Planning and Building.
b. Provide sufficient room on the private roadway to queue without interrupting
traffic on public streets.
c. Provide a turn-around. The size and location of said turn-around shall be
approved by the City Engineer.
d. Provide a clearly delineated border between public and private streets through
the use of distinctive pavements.
e. Provide a dedicated parking space for the gate attendant to be shown on
appropriate grading and/or improvement plans.
f. Be equipped with a video camera to record entering and exiting vehicles.
149. Establish Homeowners Associations (HOA) to provide for the maintenance of private
open space lots, slope areas, landscape and irrigation and walls within each subdivision
prior to the approval of the associated final "B" maps. Submit and obtain approval by
the Director of Planning and Building and the City Engineer of the proposed CC&R's for
each subdivision prior to the approval of the corresponding final map.
150. 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.
151. Prior to approval of any "B" Map proposing private streets, the applicant shall initiate
and complete the process enabling the City to enforce the California Vehicle Code on
said private streets.
152. The MHOA shall be responsible for the maintenance and operation of all facilities
within the common areas and streets behind the guarded entrance. The facilities to be
maintained include, but are not limited to: pavements, sidewalks, street trees, street
lights including power supply, street sweeping, private drainage facilities and
Resolution 19572
Page 38
landscaping of private common areas. The only facilities to be maintained by the City
are mainline sewers and public concrete drainage facilities (i.e., pipes, inlets, clean-outs
and catch basins).
ALTERNATIVE MAP
153. The Alternative Out Parcel Lotting and Grading Tentative Map ("Alternative Map")
includes in addition to the Tentative Map, APN #641-030-09, APN #641-030-01, APN
#641-030-03, and the site identified as "Sunbow Proposed Lot-line Adjustment" ("Out-
Parcels"). The Alternative Out Parcel Lotting and Grading Tentative Map will become
effective upon the applicant meeting all of the following conditions:
a. submittal of evidence by the applicant to the satisfaction of the City of Chula
Vista that the applicant has acquired fee title to all of the Out-Parcels prior to
the approval of a final "B" map including any of the Out-Parcels or upon the
written consent of the owners of the Out-Parcels to approval of such final map;
and,
b. That prior to the approval for the "B" Map for neighborhood R-55 including the
"Sunbow Proposed Lot Line Adjustment" area, the applicant shall implement all
applicable mitigation measures identified in the Sunbow EIR-88-01, CEQA
Findings of Fact and the Mitigation Monitoring and Reporting Program and
applicable environmental permits for the lot line adjustment portion of the
Sunbow project; and applicant shall additionally comply with any further
environmental review process required for development of the "Sunbow
Proposed Lot Line Adjustment; and,
c. That Park P-13 be depicted on the Alternative Map at the same location as
indicated on the Tentative Map; and,
d. That lots #36, and #43 in Neighborhood R-50, Lot #8 in Neighborhood 51A,
and Lot #a,5 in Neighborhood 52A are deleted from the Alternative Map. Lot
area shall instead be included in open space lots #29 and #30; and,
e. If the Alternative Map becomes effective, Tentative Map Condition #27 (Full
street-width bridge connection Barn Owl Court and Misty Creek Court) will not
apply to the Alternative Map; and,
f. Submittal of a revised "A" map for the Project, if an "A" map has been
previously approved; and,
g. The developer shall dedicate to the City on a revised 'A' map, a 35-foot wide
right-of-way for the MTDB's San Diego Light Rail Transit and any additional
width dedication required at the at-grade crossings to the satisfaction of the
City Engineer. Said right-of-way shall be contained in lots granted to the City
for open space, transportation, and other public purposes. Said lots shall not
extend across street intersections unless approved by the City Engineer. The
developer shall include said lots in an open space district; and,
Resolution 19572
Page 39
h. Offer for dedication in fee interest to the City on a revised '"A" map, all
numbered open space lots shown on the tentative map. Execute and record an
irrevocable offer of dedication of fee interest for each of the lots to be
maintained by the City through the open space district; and,
i. Grant on the revised "A" map an access easement from Telegraph Canyon
Road to Santa Olivia, parallel to the MTDB San Diego Trolley LRT System
corridor; and
j. Prior to the approval of the first final "B" map for the "Out-parcels", an open
space maintenance area shall be formed for the Out-Parcels to fund preserve
maintenance and monitoring. Said open space maintenance area shall be a part
of Community Facilities District No. 97-2 (Preserve Maintenance District); and,
k. Prior to the approval of the first final "B" maps for the Out-Parcels, an Open
Space District shall be formed for the Project to fund maintenance of open
space and other public improvement; and,
I. Provide and comply with an updated acoustical analysis sound wall study as to
the out-parcels which shall include measures to maintain the permissible
exterior and interior noise limits for the residential units located adjacent to the
MTDB San Diego Trolley LRT System alignment. The applicant shall comply
__ with the recommendations of such study. Noise levels must not exceed
thresholds in Otay Ranch SPA One, Planned Community District Regulations,
Section 11.3.(d and e); and,
m. Submit and obtain approval of a revised Village One West Maintenance
Responsibility Map including the out-parcels from the Director of Planning and
Building which shall include delineation of private and public streets.
n. All of the Tentative Map conditions contained here within shall be applied to the
Alternative Map except as noted above, and the developer shall comply with all
conditions, as to the Alternative Map.
Resolution 19572
Page 40
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 17th day of August, 1999, by the following vote:
AYES: Councilmembers: Davis, Moot, Padilia, Salas and Hotton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Shirley Hort~
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. 19572 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 17th day of August, 1999.
Executed this 17th day of August, 1999.
Susan Bigelow, City Clerk