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HomeMy WebLinkAboutReso 1998-19294 RESOLUTION NO. 19294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR NEIGHBORHOOD R-46 IN VILLAGE FIVE OF THE QTAY RANCH SPECIFIC PLANNING AREA ONE PLAN, CHULA VISTA TRACT 99-02, CORNERSTONE COMMUNITIES, 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 99-02 and is commonly known as Cornerstone Communities/Neighborhood R~ 46 ("Property"); and 2. Project; Application for Discretionary Approval WHEREAS, Cornerstone Communities ("Applicant") filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as Cornerstone Communities, Chula Vista Tract 99-02 ("Project"), with the Planning Department of the City of Chula Vista on August 25, 1998; and WHEREAS, the application requested the approval for the subdivision of approximately 9.27 acres located between La Media and Santa Cora Avenue north of East Palomar Street into nineteen residential, two common, eight circulation/access and one open space lots for a total of 30 lots; and 3. Prior Discretionary Approvals WHEREAS, the development of the Property has been the subject matter of a General Development Plan ("GDP") previously approved by the City Council on October 28, 1993, by Resolution No. 17298 and as amended on May 14, 1996, by Resolution No. 18285 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH #9010154 ("Program EIR 90-01 "); and WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Plan ("SPA Plan") previously approved by the City Council on June 4, 1996, by Resolution No. 18286 ("SPA Plan Resolution") wherein the City Council, in the environmental evaluation of said SPA Plan, relied in part on the Otay Ranch SPA Plan Final Environmental Impact Report No. 95-01, SCH #95021012 ("FEIR 95-01"); and Resolution 19294 Page 2 WHEREAS, the Applicant filed an amendment to the SPA One Plan, PCM 97- 20, consistent with the Project, and said amendment was adopted by the City Council on June 3, 1997, by Resolution No. 18686; and WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under Program EIR 90-01, FEIR 95-01, and addendure thereto, 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 4. Environmental Review Coordinator Determination WHEREAS, the City Environmental Review Coordinator has reviewed the Project and determined that it is in substantial conformance with the SPA 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 5. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on November 11, 1998, 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 6. City Council Record on Application 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 the "Star-News," 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 in the "Star- News," on December 8, 1998, 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: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this project held on November 11, 1998, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. Ill. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Program EIR 90-01, Second-tier FEIR 95-01, and addendum thereto, would have no Resolution 19294 Page 3 new effects that were not examined in the preceding Program EIR 90-01 and subsequent Second-tier FEIR 95~01 (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 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, and a third Addendure has been prepared (Guideline 15168 (c)(2) and 15162 (a)). V. INCORPORATION OF ALL REASONABLE MITIGATION MEASURES AND ALTERNATIVES. The City 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 GDP approval (90-01) and SPA approval (95-01). VI. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the GDP EIR (90- 01) and the SPA Plan EIR (95~01) and the Final EIR with first, second and third addendum's adequately describes and analyzes this project for the purposes of CEQA (Guideline 15168 (e)), Notice on the SPA EIR was given on June 4, 1996. VII. TENTATIVE SUBDIVISION MAP FINDINGS 1. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that Tentative Subdivision Map as conditioned herein for Cornerstone Communities Chula Vista Tract 97-02, is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Sectional Planning Area Plan as amended, based on the following: A. Land Use The Project is a multi-family project in a planned community which provides a residential density of 15.15 dwelling units per net acre (12.62 dwelling units per gross acre), The project is also consistent with General Plan policies related to grading and land forms. B. Circulation Resolution 19294 Page 4 All of the on-site and off-site public and private improvenaents required to serve the subdivision are part of the project description or are conditioned consistent with the General Development Plan. The Applicant shall construct those facilities in accordance with City standards. C. Housing A housing agreement between the City and the McMillin Otay Ranch (Master Developer) has been executed and is not applicable to subject Project. D. Parks, Recreation and Open Space Parks, recreation and open space were conditioned under "A" Map conditions. Park and open space and programmable recreation facilities are the responsibility of the Master Developer. E. Conservation The Program EIR and FEIR 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. F. Seismic Safety The proposed subdivision is in conformance wit 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. G. Public Safety All public and private facilities are expected to be reachable within the threshold response times for fire and police services. H. 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 project in the eastern territories. I. Noise The Project will include noise attenuation walls as required by an acoustic study dated June 6, 1995, 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. Resolution 19294 Page 5 J. Scenic Highway The roadway design provides wide landscaped buffers along La Media the only General Plan scenic highway adjacent to the Project. K. Bicycle Routes The Project is not required to provide on-site bicycle routes as the loop street is not a part of the regional circulation system. L. Public Buildings No public buildings are proposed on the Project site. The Project is subject to RCT fees prior to issuance of building permits. 2. 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. CONDITIONS OF APPROVAL Unless otherwise herein specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to submittal of the related final map(s) as determined by the Directors of Planning and Building, Library and Recreation and/or 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 holders in order to ensure that the City has a first priority interest in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. 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." The Applicant and Developer shall: GENERAL/PRELIMINARY 1. Comply with all conditions of approval of Tentative Subdivision Map PCS-97-02 as outlined in Resolution No. 18686 and Resolution 18979, to the satisfaction of the Director of the Planning and Building Department and the City Engineer, unless otherwise modified herein. 2, Comply with the provisions of the Supplemental Subdivision Irnprovement Agreement (SSIA) for the "A" Map for McMillin Otay Ranch SPA One, Phase I (OR-204F) and the SSIA for the first "B" Map (Unit 4). Resolution 19294 Page 6 3. Cornply with the provisions of the Improvement Phasing Schedule approved as part of the revision of the Public Facilities Financing Plan (PFFP) approved on October 6, 1998. 4. Comply with the provisions of CVT 97-02, McMillin Otay Ranch SPA I, Phase I Supplemental Subdivision Improvement Agreement approved by Council on July 14, 1998, and Units 1 and 4 Final "B" Map Supplement Subdivision Improvement Agreement approved by Council on December 8th, 1998. 5. Prior to final map, comply with all requirements and guidelines of the Parks, Recreation, Open Space and Trails Plan, Public Facilities Financing Plan, Ranch Wide Affordable Housing Plan, Spa One Affordable Housing Plan, and the Non- Renewable Energy Conservation Plan, 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. 6. Implements all ternqs, covenants and conditions contained herein, to the satisfaction of the Director of the Planning and Building Department, unless otherwise specified. 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 rnodify 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 ten 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. 7. Comply with all applicable sections of the Otay Ranch Specific Planning Area One (SPA One) Plan and conditions of approval. 8. Enter into any and all agreements required hereunder in a form approved by the City Attorney, DESIGN 9. In addition to the requirements outlined in the City of Chula Vista Landscape Manual, landscape and irrigate privately maintained slopes in excess of 25 feet in height in order to soften their appearance as follows: A. An equivalent of one 5-gallon or larger size tree per each 150 square feet of slope area; B. One 1 -gallon or larger size shrub per each 100 square feet of slope area; and Resolution 19294 Page 7 C. Appropriate ground cover. 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. 10. Submit a comprehensive wall plan indicating color, materials, height and location to the Director of Planning and Building for review and approval prior to approval of the final map. Materials and color used shall be compatible with the approved architectural style and all walls located in corner side-yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a combination of the following: A. Decorative masonry block; and/or B. Wrought iron material; and/or C. Tempered glass. The exposed portion of any combination free standing/retaining wall as measured from finish grade shall not exceed 8.5 feet. The applicant shall submit a detail and/or cross section of the maximum/minimum conditions for all "combination walls" which include retaining and free standing walls. Said detail shall be included in the grading plans submitted for review and approval to the Director of Planning and Building prior to the approval of the final grading permit. The maximum height of all retaining walls shall be 2.5 feet in height when combined with freestanding wails which are six feet in height. A 2 to 3 foot separation shall be provided between free standing and retaining walls where the combined height would otherwise exceed 8.5 feet. 11, Provide sectional roll-up type garage doors to all units. STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS 12. Prior to the approval of the final map, enter into an agreement to construct and guarantee the construction of all street improvements as required by the Otay Ranch Specific Planning Area One (SPA One) Plan Public Facilities Finance Plan (PFFP) for each particular phase, which could be a result of the cumulative development within SPA One. 13. Secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the construction and/or construct street improvements for all on-site and off-site streets deemed necessary to provide service to the subject subdivision. Said improvements may 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, signs, landscaping, irrigation, fencing, fire hydrants and traffic signal interconnection conduits and wiring. Resolution 19294 Page 8 Street cross sections shall conform to the cross sections shown on the Tentative Map. All other design criteria shall comply with the Chula Vista Design Standards, Chula Vista Street Design Standards, the Chula Vista Subdivision Manual and the City Landscape Manual current at the time of approval of the final map, unless otherwise conditioned or approved herein. 14. Include a fully activated traffic signal at the following intersections as part of the improvement plans associated with the final map which triggers the installation of the related street improvements: A. East Palomar Street and Paseo Ranchero B. East Palomar Street and Olympic Parkway C. Olympic Parkway and La Media Road Install underground improvements, standards and street lights with the construction of street irnprovements, and install mast arms, signal heads and associated equipment as determined by the City Engineer. 15. Ensure that all vertical and horizontal curves and intersections of all streets nqeet the sight distance requirements of the CalTrans Highway Design Manual, to the satisfaction of the City Engineer. Sight visibility easements shall be granted as necessary to comply with the requirements in the CalTrans Highway Design Manual. Any conflict between the CalTrans Highway Design Manual and the City standards shall be resolved by the City Engineer. 16. Prior to the approval of the final map containing parkways, agree to plant trees within all street parkways and street tree easements which have been selected from the revised list of appropriate tree species described in the Village Design Plan which shall be approved by the Directors of Planning and Building, Library and Recreation and Public Works. The applicant shall provide root control methods per the requirements of the Director of Planning and Building and/or the City Engineer and a deep watering irrigation system for the trees. The improvement plans, including final selection of street trees, for the street parkways shall be approved by the Directors of Planning and Building, Library and Recreation and the City Engineer. 17. Enter into an agreement with the City prior to approval of the final map wherein the Developer agrees to the following: A. Not protest the formation of any future regional benefit assessment district to finance the Light Rail Transit. B. Fund its fair share of the cost of construction of the two pedestrian bridges connecting Villages One to Village Two and Village Five to Village Six as determined by the City Engineer based on the proportionate benefit received from the improvements. The developer shall also identify the financing mechanism to be used to fund said cost. Resolution 19294 Page 9 18, Guarantee the construction and enter into an agreement to construct the pedestrian bridge connecting Village One to Village Five in accordance with improvement plans approved by the City prior to approval of the final map that requires construction of La Media Road between East Palomar Street and East Orange Avenue. The developer shall construct said bridge, at the time when that portion of La Media Road is constructed and may seek, with the concurrence of the City, repayment from other benefiting property owners through a reimbursement district. 19. 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, update the standards and approvals to reflect the newly adopted Federal standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. 20. 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 system 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 are provided at those locations where private facilities traverse public streets, as determined by the City Engineer. GRADING AND DRAINAGE 21. Submit notarized letters of permission to grade on all off-site properties, to the satisfaction of the City Engineer. 22. In conjunction with the as built grading plans, 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. 23. Comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. Resolution 19294 Page 10 24, Designate all drainage facilities drainin9 private property to the point of connection with public facilities as private. 25. Prior to approval of any precise grading plans, prepare and obtain approval by the City Engineer and Director of Planning and Building of an erosion and sedimentation control plan. 26. Indicate on all affected grading plans that all walls which are to be maintained by open space districts or other methods shall be constructed entirely within open space lots. 27. Include on the grading plans for the intersection at Olympic Parkway/Paseo Ranchero a partial grading of the area that would accommodate the eastbound on-ramp and off-ramp and the westbound on-ramp of the future grade separated intersection. The elevations and extent of the required grading shall be determined by the City Engineer in order to: A. Allow future construction of any additional grading necessary for the ultimate intersection configuration; and B. Construct the Poggi Canyon Channel at its ultimate location. 28. Prior to approval of the final map, agree to indernnify the City for any liability, claims or actions resulting froIn the downstream property owners accepting the increased flows. SEWER 29. Grant a public sewer and access easement over the proposed private streets (lots 22 through 28). 30. Grant on the appropriate final map a 20 foot minimum sewer and access easement for the sewer line located between residential units unless otherwise directed by the City Engineer. 31. Grant a 20 foot minimum sewer and maintenance access easement for the sewer line located within the Home Owner's Association's (HOA) slopes fronting La Media Road, unless otherwise directed by the City Engineer. PARKS/OPEN SPACE 32. Through implementation of the Project, 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. Pedestrian parks are an integral component of the plan and shall receive partial park credit as defined below. A minimum of two thirds (2 acres/1,000 residents) of local park requirement shall be satisfied through the provision of turn-key neighborhood and pedestrian parks. The remaining Resolution 19294 Page 11 requirement (1 acre/1,000 residents) shall be satisfied through the payment of fees. 33. Ensure that all local parks are consistent with the SPA One PFFP and install same, to the satisfaction of the Director of Planning and Building and the City Engineer. A construction schedule, requiring all parks to be completed in a timely manner, shall be approved b~/the City Engineer. 34. Design and construct all local parks consistent with the provisions of the Chula Vista Landscape Manual and related City-adopted specifications and policies. OPEN SPACE/ASSESSMENTS 35. Prior to approval of the final map, agree to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within and adjacent to the subject subdivision. 36. If requested by the City, provide an irrevocable offer of grant to fee title to the City on the final map for all open space lots shown on the tentative map and execute and record an irrevocable offer of grant of fee title for each of the lots to be maintained through the Home Owner's Association (HOA). WATER 37. 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. EASEMENTS 38. Obtain, prior to approval of the final 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. 39. Notify the City at least 60 days prior to consideration of the final map by City if 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 or easements required by the Conditions of Approval of the tentative map. B. Deposit with the City the estimated cost of acquiring said right-of-way or easements. Said estimate to be approved by the City Engineer. Resolution 19294 Page 12 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 Dornain 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, C and D above shall be accomplished prior to the approval of the appropriate final map. 40. 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. AGREEMENTS/FINANCIAL 41. Enter into a supplemental agreement with the City, prior to approval of the final map, agreeing 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 riot 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 Facilities Financing Plan (PFFP) for Qtay Ranch SPA One if the required facilities, as identified in the PFFP or as amended by the Annual Monitoring Program, 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 approval. 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 Resolution 19294 Page 13 television service to each lot on public streets within the subdivision. 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. Include in the Articles of Incorporation or Charter for the Homeowners' Association (HOA) provisions prohibiting the HOA from dedicating or conveying for public streets, land used for private streets (i.e., in multi- family areas) without approval of 100 percent of all the HOA members. G. Ensure that all insurance companies are permitted equal opportunity to go out to bid to provide a Cooperative Homeowner's Insurance Program (CHIP). 42. Enter into an supplemental agreement with the City prior to approval of the final 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 identified in the Otay Ranch General Development Plan. 43. Prior to approval of the final Map, or as otherwise determined by the Director of Planning and Building, within SPA One and consistent with the City's Housing Element, Ranch-Wide and SPA One Affordable Housing Plans, enter into and execute with the City an Affordable Housing Agreement ("SPA One Affordable Housing Agreement") containing, but not limited to, the following provisions: (a) The obligation to provide the total number of low and moderate income units required under the City's Affordable Housing Program, based on the number of dwelling units contained within the Master Tentative Map for SPA One; (b) Identify the overall number of dwelling units within the Master Tentative Map for which the applicant can receive final map approval prior to the applicant selecting and guaranteeing, to the City's satisfaction, final affordable housing site(s); (c) The number of dwelling units within the master tentative map area which can receive building permit authorizations prior to the applicant obtaining building permits for a specified number of the required low income units; and (d) A description of what information must be provided in subsequent Project Level Affordable Housing Agreements. Upon its approval by the City, the terms and conditions of the SPA One Affordable Housing Agreement shall become conditions of this resolution, and is .hereby incorporated herein by this reference. Resolution 19294 Page 14 44. Prior to approval of the final map, pay the Project's proportional share, as determined by the Director of Planning and Building, of a collaborative study analyzing local park needs for the area east of the 1-805 Freeway. 45. Prior to approval of the final map, provide security satisfactory to the City Engineer to guarantee the construction of the fair share of the improvements for the pedestrian bridges connecting Village One to Village Five, Village One to Village Two and Village Five to Village Six. The amount of the security for the above noted improvements shall be 110 percent times a construction cost estimate approved by the City Engineer if improvement plans have been approved by the City; 150 percent times the approved cost estimate if improvement plans are being processed by the City or 200 percent times the construction cost estimate approved by the City Engineer if improvement plans have not been submitted for City review. A lesser percentage may be required if it is demonstrated to the satisfaction of the City Engineer that sufficient data or other information is available to warrant such reduction. SCHOOLS 46. Deliver to the School District a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village Five, prior to issuance of the 500th residential building permit (150 students). 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. 47. Not protest and cooperate in the formation of Community Facility District (CFD) for the Chula Vista Elementary School District and the Sweetwater Union High School District. 48. Arrange for and have submitted a "Confirmation of Mitigation Agreement for School Facilities" letters by the Chula Vista Elementary School District and the Sweetwater Union High School District to the Director of the Planning and Building Department prior to the approval of the final map. MISCELLANEOUS 49. Include in the Declaration of Covenants, Conditions and Restrictions (CC&R's) provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. The CC&R's shall also include provisions requiring the HOA to obtain an encroachment permit from the City prior to performing work on any private easement which may disturb any existing landscaping or any other public improvements. The City of Chula Vista shall be named as party to said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. The CC&R's shall also include language which states that any proposal by the HOA for dedication or conveyance for public purposes of land used for private streets Resolution 19294 Page 15 will require prior written approval of 100% of all the Homeowners' Association members. 50. Submit copies of Final Maps and improvement plans and storm drain plans in a digital format such as (DXF] graphic file prior to approval of said plans. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 5-1/4" HD or 3-1/2" disks prior to the approval of each Final Map. Update and resubmit to the City electronic files after any construction plan and ink changes to the grading and improvement plans have been made. 51. Tie the boundary of the subdivision to the California System -Zone VI (1983). 52. Submit copies of any proposed CC&R's for review and approval by the Director of Planning and Building and the City Engineer prior to approval of the final map. 53. If developer desires to do certain work on the property after approval of the tentative map but prior to recordation of the final map, obtain the required approvals and permits from the City. The permits can be approved or denied by the City in accordance with the City's Municipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., final map and improvement plans) will be approved. All work performed by the developer prior to approval of the final map shaft be at developer's own risk. Prior to permit issuance, the developer shall acknowledge in writing that subsequent submittals (i.e., final map and improvement plans) may require extensive changes, at developers cost, to work done under such early permit. The developer shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable final map does not record. PHASING 54. If phasing is proposed within the Project or through multiple final maps, submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning and Building prior to approval of any final map. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning and Building. The City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 55. Adhere to the Public Facilities Finance Plan or revisions hereto for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the · f Resolution 19294 Page 16 project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Cornpliance with the City of Chula Vista threshold standards, based on actua~ development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One developnqent patterns and the facility improvement requirernents 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. CODE REQUIREMENTS 56. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the final map and all plans shal~ be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 57. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 58. Pay the following fees in accordance with the City Code and Council Policy: A. The Transportation and Public Facilities Development hnpact 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. Telegraph Canyon Basin Drainage DIF G. Qtay Ranch Reserve Fund fee. 59. 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. 60. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuaot to Municipal Code Section 5.46.020 regarding Resolution 19294 Page 17 projected taxes and assessments. Submit disclosure form for approval by the City Engineer prior to Final Map approval. 61. Comply with all aspects of the City of Chula Vista Landscape Manual, to the satisfaction of the Director of Planning and Building. 62. 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). By implementing the Project, the Applicant/Developer 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. 63. Ensure that all proposed development is consistent with the Otay Ranch SPA One Planned Community District Regulations. 64. Prior to approval of the final "B" map, the Applicant shall implement all applicable mitigation measures identified in EIR 95-01, the CEQA Findings of Fact for this Project (on file in the City Clerk's Office as Document No. C096- 056) and the Mitigation Monitoring and Reporting Program (on file in the City Clerk's Office as Document No. CO96-057). 65. Prior to the approval of the 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 and the in lieu fee program, if applicable, to be adopted by the City Council. 66. The Applicant shall coonply 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. IX. APPROVAL OF TENTATIVE SUBDIVISION MAP The City Council does hereby approve the Project subject to the conditions set forth on Section VII listed above and based upon the findings and determinations on the record for this Project. Resolution 19294 Page 18 X. 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. XI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert A. Leiter //ji~ n M. Kaheny Planning and Building Director ney Resolution 19294 Page 19 EXHIBIT ' ' ':';' .,.-: ..- "' .~ ,r~' · -'.--" ~ ~ · ....~-.> ~ , .- '-, ~- -:, .- :'-.:':::"' '_-.:;~., -:"""::: "-,-'.- ~: ': 3. :-.--_ .__ --~ .... .n ::: ~=';~;..,;.~f~;~;~;[~ ~-' .... - :.-.:/ - , . Resolution 19294 Page 20 Resolution 19294 Page 21 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 8'h day of December, 1998, by the following vote: AYES: Councilmembers: Davis, Padilia, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Moot Shirley Hc~t~,'Mayor ATTEST: ~Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) l, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19294 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 8Ih day of December, 1998. Executed this 8'h day of December, 1998. thelet, City Clerk