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HomeMy WebLinkAboutReso 1999-19448 RESOLUTION NO. 19448 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP REVISION FOR PHASE SEVEN (PURPLE PHASE) IN VILLAGE ONE OF THE OTAY RANCH SPECIFIC PLANNING AREA ONE PLAN, CHULA VISTA TRACT 96-04A, 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," a copy of which is on file in the Office of the City Clerk, and described on Chula Vista Tract 96-04A and is commonly known as Phase Seven (Purple Phase) ("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 "Revised Tentative Map, Chula Vista Tract 96-04," Revisions to Village One, Phase Seven ("Project"), with the Planning Department of the City of Chula Vista on November 16, 1998; and WHEREAS, the application requested the approval for the subdivision of approximately 153.7 acres located east of Paseo Ranchero, north of the proposed extension of Olympic Parkway, south of East Palomar Street, and west of Santa Alicia Drive into three-hundred ninety-three residential, forty-six common, one park, one commercial, two community purpose facility, and four open space lots for a total of 447 lots; 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 #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 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, consistent with the Project, and said amendment was adopted by the City Council on February 16, 1999, by Resolution No. 19375; and Resolution 19448 Page 2 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 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 Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on April 14, 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 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 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 May 4, 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: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this project held on April 14, 1999, 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, 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 95-01, and subsequent Second-Tier FEtR 97-03 [Guideline 15168 (c)(2)]. 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 Resolution 19448 Page 3 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 Addendum has been prepared [Guideline 15168 (c)(2) and 15162 (a)]. V. ~NCORPORATION OF ALL REASONABLE MITIGATION MEASURES AND ALTERNATIVES The 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 Program EIR 90-01, original SPA One Plan EIR 95-01, and subsequent SPA One Plan EIR 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 addendum adequately describes and analyzes this project for the purposes of CEQA[Guideline 15168 [e)[. Notice on the SPAEIRwas 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 96-04A, 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: 1. Land Use The Project is a mixed-use development in a planned community which provides various single-family and multi-family residential uses, commercial uses, community purpose facility uses, parkland uses, and open space. The project is also consistent with General Plan policies related to grading and landforms. 2. Circulation All of the on-site and off-site public and private improvements required to serve the subdivision are part of the project description or are conditioned consistent with the Otay Ranch General Development Plan, and the Otay Ranch SPA One Plan. The Applicant shall construct those facilities in accordance with City and SPA One Plan standards. 3. Housing A housing agreement between the City and The Otay Ranch Company (Master Developer) has been executed and is applicable to subject Project. ............ -r · T Resolution 19448 Page 4 4. 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. 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. 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the GeneraIPlan for this site. No seismic faults have been identified in the vicinity of the Project. 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 project in the eastern territories. 9. Noise The Project may include noise attenuation walls under review in an acoustic study currently being prepared for the Project. In addition, all units are required to meet the standards of the Uniform Building Code with regard to acceptable interior noise levels. 10. Scenic Highway The roadway design provides wide landscaped buffers along Olympic Parkway (formerly Orange Avenue) the only General Plan, GDP/SRP scenic highway 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. Resolution 19448 Page 5 12. Public Buildings Public buildings are proposed on the Project site as part of the community purpose facility locations. The Project is subject to appropriate commercial and residential fees prior to issuance of building permits. A. 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. 96-04A) ~S CONSISTENT WITH THE OTAY RANCH GDP/SRP, AND OTAY RANCH SPA ONE AMENDMENTS, AND IS IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The revised Phase Seven 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, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. B. THE PROPOSED TENTATIVE SUBDIVISION MAP (C.V.T. 96-04A) WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The proposed Tentative Subdivision Map (C.V.T. 96-04A) 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. 96-04A) IMPLEMENTATION WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch are designed with an open space buffer adjacent to other existing projects, and future developments off~site and within the Otay Ranch SPA One. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The proposed plan closely follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch Environmental Impact Report. IX. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the approval of the Otay Ranch Phase Two Resource Management Plan being amended and subsequently approved by the City as may be required to allow for this Project and the conditions set forth in Exhibit "B," a copy of which is on file in the Office of the City Clerk. Resolution 19448 Page 6 X. 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. 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 shall comprise the record of proceedings for any CEQA claims. Xll. 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. XlII. 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 Johh~. Kaheny Ptanning and Building Director ~i~Attorney ~- Resolution 19448 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 4th day of May, 1999, I}y the following vote: AYES: Councilmembers: Davis, Moot, Padilla, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirley Hor~n, Mayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19448 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 4'h day of May, 1999. Executed this 4~h day of May, 1999. Susan Bigelow, City Clerk° AGE ONE PBOJECT ~~ LOCATION wo CHUI_A VISIA PLANNING AND BUILDING DFPARIMFNI ~ LOCATOR ~ Omy ~nch Campany ~.~: REVISED TENTATIVE MAP ~ ~l~ge 1, Phase 7 ~e dele ~ Mu~Faml~ un~, ~d ~e d~ ~ CPF. NOR~ No ~ PC~A ATTACHMENT Klm John Kilkenny Ranie Hunter Robet Cameron James Kent Aden Alfred Ba!d~-in ?~v: you and/or ~our offi~ or ag~n,% in th: aggr~-~aia, ;;~ntn'butcd more thau $1J300 lo z COunc~qr-~mber in ~: ~.'T~-~', or pr~m~ --J~mn ]:~'n{:~::7 '~/~ ,,, No ~' l~.v~ smlc wl~ Counc~ncm~cr(s): ~" / Signa{~ of mntr~c~or/applican! Kim John Kitkenny, Vice President //~ ~ Prim or type nam: of mnua,-or/appii~m 0600-080-OR146T April 28, 1999 EXHIBIT "B" Phase Seven (Purple) Tentative Subdivision Map (C.V.T. 96-04A) 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 holders in order to ensure that the City has a first priority interest in such land anless 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 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, as amended from time to time, tmless 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 ofthe Property. For purposes ofthis 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 3. 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. 5. The applicant shall comply with all applicable SPA 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 as Document No. CO96-056 and No. ) and the Mitigation Monitoring and Reporting Program (on file in the City Clerk's Office as Document No. CO96-057 and No. ). 10. Prior to the approval of each f'mal "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 ofFish and Game, the U.S. Department ofFish and Wildlife and the U.S. Army Corps of Engineers. SPECIAL CONDITIONS OF APPROVAL 13. The following conditions of approval are based upon the project having multiple final maps for the entire subdivision which shall be referenced hereinafter as "Final 'B' Maps". Unless 2 otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's satisfaction prior to approval of the first Final "B" Map. 14. Prior to approval of the first final map within each Village the tentative map, the developer shall submit and obtain the approval of the City of a master fmal map ("A" Map) over the portion of the tentative map within each Village area showing "super block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" map shall also show open space lot dedications, the backbone street dedications and utility easements required to serve the "super block" lots created by this "A" Map. All "super block" lots created by this "A" Map or previous parcel map shall have access to a dedicated public street. Said "A" map shall not be considered the first map as indicated in other conditions of approval unless said map contains single or multiple family lots or a subdivision of the multiple family lots shown on the tentative map. A lot line adjustment, if utilized in accordance with City standards and procedures, shall not be comidered the first "A" Map. The "A" Map may contain single family residential units. 15. The subsequent development of a multiple family lot which does not require the filing of a "B" Map shall meet, prior to issuance ora building permit for that lot, all the applicable conditions of approval of the tentative map, as determined by the City Engineer. Construction of non-hackbone streets adjacent to multiple family lots will not need to be bonded for with the final "A" Map which created such lot. However, such improvements will be required to be constructed under the Municipal Code provisions requiring construction of street improvements under the design review and building permit issuance processes. 16. In the event of a filing of a final map which requires oversizing (in accordance with the restrictions of state law and City ordinances) 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. DESIGN 17. A street connecting Montera Street and Cameros Street shall be installed as part of the improvements for Neighborhoods R-18 and R48. The connection shall be located near lots 54 and 55 in R-18 and lots 26 and 27 in R-48. The connection shall be designed as a Residential Street - Condition "A". The northerly ends of Montem Street and Carneros Street may utilize the "Modified Cul-de-Sac" design depicted on the Tentative Map if they are less than 150 feet in length. The exact location of the connecting street shall be determined by the City Engineer and the Director of Planning and Building. 18. Any proposed monumentation/signage shall be consistent with the Village Design Plan and shall be reviewed and approved by the Director of Planning and Building prior to approval of the appropriate final map. 19. 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 fmal map. 20. 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 comer side-yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a decorative masonry and/or wrought iron material. A revised acoustical analysis indicating if view fencing, such as a combination of masonry and wrought iron, is allowable at the ends of cul-de-sacs backing up to, 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 the following streets: Weaverville Street, Greenfield Street, Hayfork Place, Cameros Street, Santa Rita East, Grayson Street, Delano Street, Belmont Street, and Atherton Street. 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 walls. Said detail shall be reviewed and approved by the Director of Planning and Building prior to the approval of the first final map. The maximum height of all retaining walls shall be 2.5 feet in height when combined with freestanding walls which are six feet in height. A 2-3 foot separation shall be provided between free standing and retaining walls where the combined height would otherwise exceed 8.5 feet. 21. Lots backing or siding onto pedestrian paseos or parks shall be provided with view fencing, such as three feet of wrought iron on top of a three foot masonry wall, subject to approval by the Fire Marshal and the Director of Planning and Building STREETS, RIGHT-OF-WAY AND PIJBLIC IMPROVEMENTS 22. Install public facilities in accordance with the Otay Ranch SPA One, Public Facilities Finance Plan as may be amended from time to time or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Director of Planuing and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. The Developer shall construct the public improvements and provide security satisfactory to the City Engineer as set forth in the first final "B" map Supplemental Subdivision Improvement Agreement for Village One and attachment Exhibit "E" thereto, approved by City Council Resolution No. ~ on October 6, 1998. 23. Dedicate for public use all the public streets shown on the tentative map within the subdivision boundary. Prior to the approval of the applicable "B" Map, the applicant shall enter into an agreement t6 guarantee the construction of all street improvements as required by the PFFP for each particular phase. 24. 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 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, signs, landscaping, irrigation, fencing and fire hydrants. 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. 25. 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 Pasco Ranchero b. Olympic Parkway and Pasco Ranchero 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. 26. 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. 27. 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. 28. All cul-de-sacs and knuckles not conforming to City standards shall have a design waiver submitted by the Engineer-of-Worlc to the City Engineer stating the deviations from City standards and explaining that, in their professional opinion, no safety considerations will be compromised. The waiver will be subject to approval or disapproval at the discretion of the City Engineer. 29. Two (2) points of vehicular access shah be provided to each Neighborhoods/Sites as follows: a. Neighborhood R- 19 b. Neighborhood R-47 c. CPF-1/C-1 d. Neighborhood R-15 e. CPF-2 The Developer shall construct and complete the required access improvements prior to occupancy of any building within the above Neighborhood/Sites. The exact locations of the two (2) points of vehicular access for each Neighborhood/Site shall be approved by the Director of Planning and Building prior to Site Plan approval. The Director of Planning and Building may waive the requirement for one or more of the points of access to any Neighborhood/Site upon site plan approval in his/her sole discretion. 30. Access to East Palomar Street from the tentative map shall be relinquished on the final "A" map. 31. The private paseo located in Neighborhood R- 15/CPF-2 shall be constructed concurrent with the development of Neighborhood R-15 and completed prior to occupancy of the first dwelling unit in R-15. The exact location, alignment and landscaping of the Paseo in Neighborhood R- 15/CPF-2 shall be approved by the Director of Planning and Building at the time of Site Plan approval for R- I 5/CPF-2. The applicant may request reconsideration of the requirement for the pasco which the Director of Planning and Building may determine at his/her sole discretion. 32. The General Utility Easement at the end of Santa Andrea leading to the emergency access road shown on the Tentative Map at the easterly end of Fieldbrook Street shall be included within the boundaries of Neighborhood R-16 and shall be granted on the final "B" map for R-16. The easement shall include pedestrian access improvements, construction of which shall be secured prior to the approval of the first final "B" map for R-16 and shall be approved by the Director of Planning and Building. Security shall be provided in the form of a bond or as otherwise approved by the City Engineer. 33. Install all street trees in accordance with Section 18.28.10 of the Chuia Vista Municipal Code. All street trees shall be planted in parkways which have been selected from the revised list of appropriate tree species described in the Village Design Plan, and shall be approved by the Director of Planuing 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. An irrigation system shall be provided from each individual lot to the adjacent parkway. A street tree improvement plan shall be submitted prior to or concurrent with the second submittal of street improvement plans for each subdivision. The street tree improvement plans, including final selection of street trees, for the street parkways shall be approved by the Director of Planning and Building and the City Engineer. 34. Construct sidewalks and construct pedestrian ramps on all walkways to meet or exceed the "Americans with Disabilities Act" standards and as approved by the City Engineer. In the event the Federal Government adopts ADA standards for street fights-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. 35. Alley openings shall be per San Diego Regional Standard Drawing No. G-17, or approved modifications thereto. Additional requirements may be imposed by the City on alleys to address specific geometric and other design issues that may arise during the review of the site plan and/or improvement plans for Neighborhood R-16. These requirements shall include but are not limited to: a minimum turning radius for alleys, comer chamfers, alley signage, lighting, and trait addressing. 36. The applicant shall construct a 20-foot wide, all-weather concrete (6 inch minimum depth) emergency access road (secondary Village One Core access) fi~om Olympic Parkway to the easterly end of Fieldbrook Street, upon the request of the City Engineer. The emergency access road shall be secured by a bond or as otherwise approved by the City Engineer prior to the approval of the "A" Map. The cross-section of the emergency access road shall be as shown on the Tentative Map. Upon the request of the City Engineer, 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 "Opticom" system, or some other automated system with backup and/or fail safe features acceptable to the Police and Fire Chief. 37. Provide (1) twenty feet setback on driveways from property line to garage and (2) sectional roll-up type garage doors at all properties fronting on streets where cul-de-sacs are 150 feet or less in length except as provided for in the Planned Community District Regulations or approved by the City Engineer and the Director of Planning and Building. 38. 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, including the connecting street in Neighborhood R-15 as defined in SPA One. Unless otherwise approved by the City Engineer and 7 Director of Planning and Building. However, Mount Maclure Drive, between Fieldbrook Street and Greenfield Street, and the easterly side of Santa Rita, between Fieldbrook Street and Cameros Street shall be constructed with five foot sidewalks in lieu of the four foot sidewalks indicated on the Tentative Map cross-sections. 39. Requested General Waivers 1, 2 and 4, as indicated on the cover sheet of the tentative map, are hereby approved. Specific Waivers 1 and 2 are approved subject to the condition that one-way circulation be provided at the north-south streets adjacent to park P-12, unless otherwise approved by the City Engineer. 40. 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: (1) Apply for an encroachment permit for installation of the private facilities within the public right-of-way. (2) Maintain membership in an advance notice such as the USA Dig Alert Service. (3) 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. 41. 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. 42. The applicant shall construct emergency access roads to East Palomar Street at the end of Weaverville Street and Fieldbrook Street upon the request of the City Engineer. The access roads shall be secured by a bond or as otherwise approved by the City Engineer and City Attorney in an amount approved by the City Engineer, prior to the approval of the final map for Neighborhood R- 48 and R-18 respectively. The emergency access roads shall be contained within general access easements granted to the City of Chula Vista. Emergency access entrances shall be provided with mechanical gates and an "Opticom" system, or some other automated system with backup and/or fail safe features acceptable to the Police and Fire Chief. 43. The City of San Diego Water Line (Otay Lakes Pipeline No. 2) within the Tentative Map shall be relocated or a revised Tentative Map for Neighborhood R-17 shall be approved prior to the approval of the first Final Map within Neighborhood R-17. 44. Street light locations shall be approved by the City Engineer. 45. Prior to the approval of the first final "B" map, 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 fi:om 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 f'mal Olympic Parkway Feasibility Report prepared by Kimley-Hom and Associates, Inc. If the City and Applicant enter into the Agreement for Financing and Construction of Olympic Parkway and Related Roadway Improvements which requires the dedication of Olympic Parkway as described above, the Developer shall conform to that agreement. 46. 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, within the 20 foot landscape easement. Where the Poggi Canyon Channel crosses to the southerly side of Olympic Parkway, the developer shall provide an additional 12 foot wide flat area behind the Olympic Parkway right-of-way. GRADING AND DRAINAGE 47. 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 fi:om 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. ma'mtained Open Space lots. 48. 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. 49. The developer shall submit notarized letters of permission to grade for all off-site grading. :50. Storm drain design shall conform to the requirements of the Subdivision Manual and the Grading Ordinance as may be amended from time to time. 51. Design the storm drains and other drainage facilities to include Best Management Practices to miniroize non-point source pollution, satisfactory to the City Engineer. 52. 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 cons~ucted where the proposed grading adjoins undeveloped property or property owned by others. The City Engineer shall not approve the creation of any lot that does not meet the required setback. 53. 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. 54. 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. 55. Prior to approval of the first final "B" Map or grading permit for land draining into Poggi Canyon or grading permit which requires construction of the Poggi Canyon Channel, whichever is earlier, 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 (O & M) of said facility. The developer shall provide security satisfactory to the City to guarantee the O & 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. l0 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. c. Enter into an agreement with the City of Chula Vista and the applicable enviromnental agencies (Fish and Game, Fish and Wildlife) wherein the parties agree to implement the maintenance program. d. Enter into an agreement with the City where the developer agrees to the following: (1) Provide for the maintenance of the proposed 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. (2) Provide for the removal of siltation in the Poggi Canyon Channel (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. (3) 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. 56. Comply with ail the provisions of the National Pollutant Discharge Elimination System 0'qPDES) and the Clean Water Program. 57. Provide runoff detention basins or any other facility approved by the City Engineer to reduce the quantity ofrunofffrom the development to an amount equal to or less than the present 100-year frequency runoff. 58. 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. 59. Brow ditches that flow over a slope greater than 10 feet in height and are steeper than a 3:1 shall not be allowed. Drainage shall be collected in an inlet and carried to the bottom of the slope in an underground storm drain. 60. Ensure that brow channels and ditches emanating from and/or running through City Open Space are not routed through private property and vice versa. 61. 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 8 ft. by 8 ft. box culvert located at the southeast comer of Pasco Ranchero and Olympic Parkway. b. Both ends of the box culvert crossing Olympic Parkrway in the vicinity of the Emergency Access Road. c. To a secondary drainage channel along the southerly side of Olympic Parkway easterly of the point where the Poggi Canyon Channel crosses to the southerly side of Olympic Parkway, if such a channel is indicated on the grading plans for that area.. The access mad and easement may be deleted with the development of Village Two by approval of the City Engineer. Improved access as determined by the City Engineer shall be provided to public drainage structures located in the rear yard of any residential lot 62. 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 20 foot wide tree planting nodes as depicted on the Olympic Parkway Landscape Master Plan by Estrada Land Planning, Inc. 63. Provide a protective fencing system around (1) the proposed detention basins at 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. 64. Designate all drainage facilities draining private property to the point of connection with public facilities as private. 65. Provide a 6 inch thick concrete access road to the bottom of the proposed detention basins. This access shall have a minimum width of 12 feet, a maximum slope of 8%, and a heavy broom finish on the ramp as directed by the City Engineer. 66. 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 west 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. 12 67. 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. 68. Prepare and obtain approval by the City Engineer and Director of Planning and Building an erosion and sedimentation control plan and landscape/irrigation plans as part of the grading plans. 69. 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. 70. Prior to issuance of any grading permit for any land that is contained within the Tentative Map or within the Poggi Canyon Basin, the applicant shall: a. secure the approval of an amendment to the Otay Ranch Phase Two Resource Management Plan by the City Council. b. secure the required permits fi.om the Army Corps of Engineers (ACOE) and the California Department of Fish and Game (CDFG). Grading plans that do not require ACOE or CDFG permits may be approved by the City Engineer. No grading adjacent to the Poggi Canyon shall occur without prior consultation with the City Mitigation Monitor, the City Engineering Inspector, the ACOE, and the CDFG. SEWER 71. All sewer access points (manholes) shall be located at the centefline of streets or cul-de-sacs unless otherwise approved by the City Engineer and Director of Public Works. 72. Provide an improved access road with a minimum width of 12 feet to all sanitary sewer manholes. The roadway shall be designed for an H-20 wheel load or other loading as approved by the City Engineer. 73. Grant on the appropriate final "B" Map a 20 feet minimum sewer and access easement for seweflines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. 74. No diversion from the natural boundaries of the Poggi Canyon Sewer Basin will be allowed, unless approved by the City Engineer. 75. Prior to the approval of the first final "B" map or site plan approval, whichever comes first, for any portion of the tentative map which was within the Poggi Canyon Basin prior to any grading, the applicant shall submit a study analyzing the capacity of sewer facilities within and downstream fi.om the Poggi Canyon Basin. 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 3_3 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. PARKS/OPEN SPACE/WILDLIFE PRESERVATION 76. The SPA One project shall satisfy the requirements of the City's Park Land Dedication Ordinance (PLDO) (Chapter 17.10). The ordinance establishes a requirement that the project provide three O) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks, neighborhood parks and pedestrian parks (to the extent that pedestrian parks receive partial park credit as def'med below). Two thirds (2 acres/I,000 residents) of local park requirement shall be satisfied through the provision of turn-key neighborhood and pedestrian parks within SPA One. The remaining requirement (1 acre/I,000 residents) shall be satisfied through the payment of Park Acquisition and Dedication (PAD) fees, dedication of land, or a combination thereof. 77. All local parks shall be consistent with the SPA One PFFP, as may be amended from time to time, and shall be installed by the Applicant. A construction schedule, requiting all parks to be completed in a timely manner, shall be approved by the Director of Planning and Building. 78. All local parks shall be designed and constxucted consistent with the provisions of the Chula Vista Landscape Manual and related Planning and Building Department specifications and policies. 79. 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 sitos. The construction documents shall reflect the then current requirements of the City's Code/Landscape Manual requirements. 80. The Applicant shall receive surplus park credit to the extent the combined park credit for neighborhood parks, pedestrian parks, 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 SPAs. 81. The Applicant and the City shall mutually agree on a PAD fee reimbursement schedule in coordination with the adopted construction schedule. 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's cost of processing and administering this reimbursement program. 82. Grant in fee all designated public park lands at such time as is necessary to implement the requirements of the PLDO and the PFFP. 83. Pedestrian Parks (also known as mini-parks): Pedestrian parks less than five acres, as identified in the SPA One Plan, shall be maintained by a funding entity other than the City's General Fund. Pedestrian parks shall receive a minimum of 25% and a maximum of 50% park credit, as determined by the Director of Planning and Building pursuant to the City wide small park credit criteria which shall be approved by the City Council. Parks located within guarded areas shall not receive park credit. 84. Neighborhood Parks: a. In addition to those PAD fees required by Condition No. 76, the Applicant shall pay PAD fees based on a formula of 2 acres per 1,000 residents for the first 500 dwelling units within SPA One. In the City's sole discretion, PAD fees may be required for units in excess of the first 500 dwelling units within SPA One. b. Prior to the approval of the first final map which creates residential lots ("B" Map), the applicant shall enter into a supplemental agreement where the applicant agrees to construct the first neighborhood park in SPA One, in a location determined by the Director of Planning and Building, no later than issuance of the building permit for the 500th dwelling unit within SPA One. The agreement shall also provide the following: (1) Developer shall commence construction of the first neighborhood park in SPA One, identified as Park P-l, at the location set forth in SPA One Plan and as shown on the Village One "A" Map No. 13592 thereof as lot "F", no later than issuance of the building permit for the 500th dwelling unit for the Project. The level of amenities required in said construction of the first neighborhood park shall be determined by the Director of Planning and Building in conjunction with the park master planning effort required by the City of Chula Vista Landscape Manual. Notwithstanding anything herein to the contrary, the developer shall complete construction of the entire pol neighborhood park as identified in SPA One Plan within eight (8) months after commencing construction of said park. For purposes of this paragraph, "complete construction" shall mean that 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. (2) Developer agrees to commence construction of the second neighborhood park in SPA One, identified as P-2, at the location set forth in the SPA One Plan and as shown on said Village One "A" Map as lot "R". Such construction shall commence upon the earlier of: a) issuance of the building permit for the 2033th dwelling anit for SPA One, or b) if the Project is determined by the City to be in deficit in constructed neighborhood parks based upon 2 acres/I,000 residents. Such construction shall be completed within eight (8) months after commencing construction of said park. For purposes of this paragraph, "complete construction" shall mean that 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. The Developer and City agree to negotiate in good faith a park agreement concerning Developer's neighborhood and community park obligations for Villages 1 and 5 of SPA One. (3) At no time following completion of construction of the first phase of the first neighborhood park shall there be a deficit in "constructed neighborhood park" based upon 2 acres/I,000 residents. Applicant agrees that the City may withhold the issuance of building permits should said deficit occur. For purposes of this condition, the term "constructed neighborhood park" shall mean that construction of the park has been completed and accepted by the Director of Planning and Building as being in compliance with the Park Master Plan, but prior to the mandatory 9-12 month maintenance period. This condition is not intended to supersede any of the City's maintenance guarantee requirements. (4) The Applicant shall receive reimbursement of PAD fees, proportionate to what has been constructed, should they deliver a mm-key park which has been constructed in accordance with the Parks Master Plan subject to approval by the Director of Planning and Building. c. The applicant shall grant to the City, at the "A" Map stage, an irrevocable offer of dedication for all public neighborhood parks shown on the Tentative Map. 85. Community Parks: a. Prior to the approval of each final "B" Map the Applicant shall comply with the PLDO 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. b. The first Otay Ranch Community Park, to satisfy SPA One demand, shall be located in Village 2 as identified in the GDP. c. Notwithstanding that the community park requirement (1 acre/I,000 residents) shall be satisfied through the payment of PAD fees, 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 mad 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 shall 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 mm-key facility to the City in accordance with the Community Park Master Plan, subject to the approval of the Director of Planning and Building. 86. Trails/Open Space: The applicant shall construct trails as follows: a. The Regional Trail shall be located on the north side of Poggi Canyon (Olympic Parkway) for the entire length of Olympic Parkway in Village One, and shall be 3.7 designed to incorporate the Olympic Parkway Landscape Master Plan by Estrada Land Plarming, Inc., as approved by the the City and as amended from time to time including the "tree planting nodes" as specified in the Olympic Parkway Landscape Master Plan. Specific locations shall be subject to the approval of the Director of Planning and Building. The Regional Trail shall meander 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 Director of Planning and Building. Slopes gradients may be increased to the maximum permitted in the grading ordinance in limited locations to accomodate the "tree planting nodes" and maintenance access ways. Landform grading policies shall be observed. Ifa combination of low retaining walls and modified landform grading cannot accomodate "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 in~rfere 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. b. All trails shall be constructed concurrent with the approved Phase Seven rough grading, and connect to adjoining existing and/or proposed trails in neighboring development projects, as determined by the Director of Planning and Building. c. The maximum gradient for non-ADA compliant connector trails shall be 10%. Steeper grades of up to 12% for short rtms of 50 feet may be permitted subject to the approval by the Director of Planning and Building. d. The graded section upon which the connectkng 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. e. Applicant 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 fmal "B" map for Phase Seven (Purple Phase). Signage shall be installed upon the request of the Director of Planning and Building. f. Prior to the installation of the regional trail, install a fence along those portions of the proposed maintenance access roads of the Poggi Canyon Channel, which are proposed to be incorporated into the Regional Trail System. The fence shall be erected only at those locations where its installation will not interfere with the normal channel maintenance. The specific locations where the fence will be allowed and the fence details shall be as determined by the City Engineer and Director of Planning and Building. 87. Community Gardens: a. Community Gardens shall be consistent with the guidelines in the SPA One Parks, Recreation, Open Space and Trails Master Plan, including creation of the Community Garden Con~nittee and their responsibilities. b. Water lines shall be stubbed from the nearest open space water meter to the site(s) in order to facilitate development of the Community Gardens. c. Community Garden sites shall be consistent with those identified on the tentative map. d. Maintenance of Community Gardens shall be funded by an Open Space Maintenance District, Homeowner's Association or other funding mechanism approved by the Director of Planning and Building and the City Engineer. e. Community Gardens shall not receive park credit. OPEN SPACE/ASSESSMENTS 88. Prior to the approval of the first final Map, the developer shall: a. Submit and obtain approval of an updated Open Space Maintenance Responsibilities Map from the Director of Planning and Building. b. Submit evidence acceptable to the City Engineer and the Director of Planning and Building of the formation of a Master Homeowner's Association (MHOA), or another financial mechanism acceptable to the City Manager, which includes all the properties within the approved tentative map. The MHOA shall be responsible for the maintenance of all improvements not specifically maintained by the Community Facilities District 97-1 (CFD 97-1). 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 Attomey. 89. 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 fi.om face-of-wall to beginning of slope, said area as approved by the City Engineer and the Director of Planning and Building. 90. 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. 91. 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. 92. Grant in fee to the City on the first final map for the project, ail open space lots shown on the tentative map and execute and record a deed for each of the lots to be maintained by the City through the open space district. 93. Fund the revision of the Public Facilities Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed by the City Manager or his designee, and approved by the City Council prior to approval of the first final "B" Map. The developer shall receive 100% credits towards future PFDIF fees for funding this update. Provide a deposit of $20,000 to begin this process. All cost of revising the PFDIF shall be borne by the developer. 94, 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, prior to City acceptance of 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 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 could 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 95. Provide to the City a letter fi.om 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). 96. 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. 2o EASEMENTS 97. Grant to the City a 10' wide easement for general utility purposes along public street fi:ontage of all open space lots offered for dedication to the City unless otherwise approved by the City Engineer. Ensure to the satisfaction of the Director of Planning and Building that sufficient room is available for street tree planting when locating utilities within this easement. 98. Indicate on the appropriate "B" Map a reservation of easements to the future Homeowners' Association for private storm drain and 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. 99. 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. 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 appropriate Final Map, 100. 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. 101. 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. 102. Storm drain easements shall be private unless the storm drain systems therein are public. 103. 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 fight to the common portion of the easements. AGREEMENTS/FINANCIAL 104. 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: (1) Regional development threshold limits set by the adopted East Chula Vista Transportation Phasing Plan have been reached. (2) Traffic volumes, levels of service, public utilities and/or services exceed the threshold standards in the then effective Growth Management Ordinance. (3) 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 Facilities Financing Plan (PFFP) for Otay 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 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. 22 e. Ensure that all franchised cable television companies ("Cable Company") are pemaitted equal opportunity to place conduit and provide cable 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 roles, 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 without approval of 100% of all the HOA members. g. 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. 105. 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 correctional facilities. SCHOOLS 106. The Applicant shall deliver to the School District a 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 1,400th building permit. 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. 107. The Applicant shall 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 One, prior to issuance of the 500th residential building permit (150 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. 23 108. The Applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable m the District, located within Village Five, prior to issuance of the 2,500th residential building permit (750 students) within SPA One. The all weather access mad shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. 109. The applicant shall 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 west of Paseo Ranchero, prior to issuance of the 4,500th residential building permit (1,350 students) within SPA One. The all weather access mad 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 110. 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 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 will require prior written approval of 100% of all the Homeowners' Association members. 111. 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. 112. Tie the boundary of the subdivision to the California System -Zone VI (1983). 113. The Applicant shall secure approval ora Master Precise Plan for the Village One Core Areas, prior to or concurrent with submitting any development proposals for commercial, multi-family and Community Purpose Facility areas within the Village One Core. 114. 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 mouitoring 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 24 applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 115. The Developer 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. 116. The applicant shall submit copies of any proposed CC&R's for review and approval by the Director of Plauning and Building and the City Engineer prior to approval of each final "B" Map.. 117. The CPF-2 site located within Village One, shall be considered a floating designation and shall be located in Neighborhood R-15. A schematic project design for this site will be submitted, reviewed and approved by the Director of Planning and Building concurrently with the Precise Plan for this area. 118. 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 developer's own risk. Prior to permit issuance, the developer shall acknowledge in writing that subsequent submittals (i.e., final "B" Map and improvement plans) may require extensive changes, at developers cost, to work done under such early permit. Prior to the issuance of a permit, the developer shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable final "B" Map does not record. 119. Slopes in excess of 2 feet above the adjacent curb elevation of residential streets shall be landscaped in accordance with the City of Chnia Vista landscape manual and approved by the DirectOr of Planning and Building. The slope areas shall be within open space lots that shall be maintained by a Homeowners Association. This slope landscaping/open space lot requirement shall apply to the front and side yard areas of individual residential units, including the return portion of comer lots as well. The open space lot boundary shall extend to a logical break in maintenance responsibility such as a driveway, a utility pad or other physical demarcation. PHASING 25 120. 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 £mal "B" Map. The PFFP shall be revised where necessary to reflect the revised phasing plan. 121. If phasing is proposed within an individual map or through multiple final maps, the developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning and Building prior to approval of any final map. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning and Building. The City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 122. The Public Facilities Finance Plan or revisions thereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP (i.e., the development of EastLake III). Neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future 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. Concurrent with the approval of the first final map approved after the PFFP for the EastLake III GDP Area, the Applicant shall update, at the Applicant's expense and subject to a Reimbursement Agreement, the SPA One PFFP and agrees that the City Engineer may change the timing of construction of the public facilities, including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, which shall become a condition for all subsequent SPA One entitlements, including tentative and final maps. CODE REQUIREMENTS 123. 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. 26 124. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 125. 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. j. Pedestrian Bridges Development Impact Fee Pay the amount of said fees in effect at the time of issuance of building permits. 126. 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. 127. 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 disclosure form for approval by the City Engineer prior to Final Map approval. 128. Comply with Council Policy No. 570-03 if pump stations for sewer purposes are proposed. 129. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 130. The applicant shall comply with all aspects of the City of Chula Vista Landscape Manual. 27 131. All proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. 132. 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 ~ncludes 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). The applicant acknowledges that the City is presently in the process of mending 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. 133. 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. 134. Development of the subdivision shall comply with all applicable mgulatioas 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 135. The following locations as proposed by the applicant are authorized for guarded entrances: Santa Alicia Drive and Santa Rim in Village One, Phase Seven. 136. Guarded entrances shall not have physical barriers. Guarded entxances shall be staffed from dusk until dawn, unless the MHOA or the applicant determines it is economically impractical. Physical barriers shall be prohibited at the entrances to guarded areas unless specifically approved by City Council. 28 137. 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. 138. 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. 139. 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 mm around. The size and location of said mm 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. 140. 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 Homeowner's Association members. 141. Establish Homeowners Associations (HOA) to provide for the maintenance of private storm drains, private open space lots, slope areas, landscape and irrigation and walls within each subdivision prior to the approval of the associated Final "B" Maps and include such requirements in the CC&R's. 142. 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. 143. The MHOA shall be responsible for the maintenance and operation of all facilities within the common areas and streets behind the guarded entrance and such responsibility shall be included in the CC&R's. The facilities to be maintained include, but are not limited to, pavements, sidewalks, street trees, street lights including energy, street sweeping, private drainage facilities and 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 and catch basins). 144. Future property owners shall be notified during escrow, by a document to be initialed by the owners, and approved by the City Engineer and Director of Planning and Building, of the maintenance responsibilities of the MHOA and their estimated annual cost. 145. The applicant shall comply with all previous Agreements as they pertain to the tentative map, including but not limited to: Maintenance Agreements, Financing Agreements, and the Supplemental Subdivision Improvement Agreement for previously approved Village One "A" Map (Map thereof No. 13592, Resolution No. 19044) and subsequent "B" Map Agreements thereto. H:\SHARED\PHASE7TM.DRS 3O