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HomeMy WebLinkAboutReso 1997-18686 RESOLUTION NO. 18686 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE THIRD ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT REPORT FEIR 95-01 (SCH //95021012) AND APPROVING A TENTATIVE SUBDIVISION MAP FOR PORTIONS OF THE OTAY RANCH SPA ONE, CHULA VISTA TRACT 97-02, AND MAKING THE NECESSARY FINDINGS WHEREAS, the property which is the subject matter of this resolution is identified and described on Chula Vista Tract 97-02 and is commonly known as Otay Ranch Sectional Planning Area (SPA) One ("Property"); and WHEREAS, McMillin Companies ("Applicant") filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as Otay Ranch SPA One, Chula Vista Tract 97-02 ("Project"), with the Planning Department of the City of Chula Vista on April 10, 1997; and WHEREAS, the application requested the approval for the subdivision of approximately 290 acres located south of the intersection of Telegraph Canyon Road and Otay Lakes Road into 1,877 residential lots, 67 acres of open space, one 1 O-acre school site and, 15.8 acres of parks, 8.1 acres of community purpose facility lots and two commercial sites on 3.3 acres; and WHEREAS, the development of the Property has been the subject matter of a General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298 and as amended on May 14, 1996 by Resolution No. 18285 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH//9010154 ("Program EIR 90-01"); and WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Plan ("SPA Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286 ("SPA Plan Resolution") wherein the City Council, in the environmental evaluation of said SPA Plan, relied in part on the Otay Ranch SPA Plan Final Environmental Impact Report No. 95-01, SCH #95021012 ("FEIR 95-01 "); and WHEREAS, the Applicant filed an amendment to the SPA One Plan, PCM 97-20, consistent with the Project, and said amendment was adopted by the City Council on June 3, 1997 by Resolution No. 18686; and WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under Program EIR 90-01, FEIR 95-01, and addendum thereto, that is virtually identical in all relevant respects, including lot size, lot numbers, lot configurations, transportation corridors, etc., to the project descriptions in said former environmental evaluations; and WHEREAS, the City Environmental Review Coordinator has reviewed the Project as part of IS-97-21 and determined that they are in substantial conformance with the SPA Plan Resolution 18686 Page 2 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; therefore only an a Addendure to FEIR 95-01 is required in accordance with CEQA; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on May 21, 1997 at which time the Planning Commission voted to adopt the Addendum to FEIR 95-01 and recommend that the City Council approve the Project in accordance with staff's recommendation and the findings and conditions listed below; and WHEREAS, the City Council set the time and place for a hearing on the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City at least ten days prior to the hearing; and WHEREAS, a hearing was held at the time and place as advertised on June 3, 1997 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: SECTION 1. CEQA Finding Regarding Previously Examined Effects The City Council hereby finds that the Project, as described and analyzed in the Program EIR 90-01, Second-tier FEIR 95-01, and addendure thereto, would have no new effects that were not examined in the preceding Program EIR 90-01 and subsequent Second- tier FEIR 95-01 (Guideline 15168 (c)(2)); and SECTIC)N 2. CEQA Finding Regarding Project within Scope of Prior Program EIR The City Council hereby finds that: (1) there were no changes in the Project from the Program EIR and the FEIR which would require revisions of said reports; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous reports; (3) and no new information of substantial importance to the Project has become available since the issuance and approval of the prior reports; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the Program EIR and FEIR, and a third Addendure has been prepared (Guideline 15168 (c)(2) and 15162 (a)). SECTIC}N 3. Notice with Later Activities The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the GDP EIR (90-01) and the SPA Plan EIR (95-01) and the Final EIR with first, second and third addendum's adequately describes and analyzes this project for the purposes of CEQA (Guideline 15168 (e)). Notice on the SPA EIR was given on June 4, 1996. Resolution 18686 Page 3 SECTION 4. Tentative Map Findings A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the revised tentative subdivision map for the Applicants portion of Village One and Five as conditioned herein for Otay Ranch SPA One, Chula Vista Tract 97-02, is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Sectional Planning Area Plan as amended, based on the following: 1. Land Use - The Project is a planned community which provides a variety of land uses and residential densities ranging between 4.1 and 36.5 dwelling units per acre. 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 streets required to serve the subdivision consist of Circulation Element roads and local streets in locations required by said Element. The Applicant shall construct those facilities in accordance with City standards or pay in-lieu fees in accordance with the Transportation Development Impact Fee program. 3. Housing - The Applicant is required to enter into an agreement with the City to provide and implement a low and moderate income program within the Project prior to the approval of any Final Map for the Project. 4. Parks and Recreation Open Space - The Project will provide 15.8 acres (gross) of neighborhood parks and the payment of PAD fees or additional improvements as approved by the Director of Parks and Recreation. In addition, a recreational trail system will be provided throughout the Project, ultimately connecting with other open space areas and trail systems in the region. Open Space - The Project provides 67.0 acres of open space, 23% of the total 290 acres recommended for approval. A program to preserve 83% of slopes greater than 25% has been established ranch-wide and is detailed in the recirculated FEIR 95-01. 5. Conservation - The Program EIR and FEIR addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals and policies. 6. Seismic Safety - The proposed subdivision is in conformance wit the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity of the Project. 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 Resolution 18686 Page 4 provide terminal water storage for this Project as well as other major project in the eastern territories. 9. Noise - The Project will include noise attenuation walls as required by an acoustic study dated June 6, 1995 prepared for the Project. In addition, all units are required to meet the standards of the UBC with regard to acceptable interior noise levels. 10. Scenic Highway - The roadway design provides wide landscaped buffers along the two scenic highways, Telegraph Canyon Road and East Orange Avenue (Olympic Parkway). 11. Bicycle Routes - Bicycle paths are provided throughout the Project. 12. Public Buildings - The Project provides one elementary school site to serve the area. The Project will also be subject to Public Facilities Development Impact Fees. B. Balance of Housing Needs and Public Service Needs Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. The development will provide for a variety of housing types from single family detached homes to attached single-family and multiple-family housing and will provide low and moderate priced housing consistent with regional goals. C. Opportunities for Natural Heating and Cooling Incorporated The configuration, orientation and topography of the site partially allows for the optimum siting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. D. Finding regarding Suitability for Residential Development The Village One and Five sites are physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. E. 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. SECTION 5. Tentative Map Findings In Support Qf Approval Of The Tentative Map Alternatives Pursuant to Government Code Section 66474 (a) in the Subdivision Map Act, the tentative subdivision map for the West Coast Land Fund properties in Otay Ranch SPA One, Chula Vista Tract 97-02 (Project), is in conformance with all the various elements of the City's Resolution 18686 Page 5 General Plan, the Otay Ranch General Development Plan and Sectional Planning Area Plan as amended based on the following: A. Public Facilities West Coast Land Fund foreclosed on approximately 290 acres of Villages One and Five and, McMillin Companies has filed a tentative map that is consistent with the amended SPA One Plan requirements for said Project, including but not limited to the school and park locations. SECTION 6. Approval of Tentative Subdivision Map The City Council does hereby approve the Project, conditioned upon the approval of the SPA One Plan Amendment PCM 97-20 and subject to the conditions, set forth on Exhibit A attached hereto and incorporated herein by this reference and based upon the findings and determinations on the record for this Project. SECTION 7. Adoption of Addendum The City Council does hereby adopt the Third Addendum to the Final EIR 95~01. SECTION 8. Notice of Determination City Council directs the Environmental Review Coordinator to post a Notice of Determination for the project and file the same with the County Clerk. SECTION 9. 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. SECTION 10. 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 hn Kaheny Planning Director ity Attor Resolution 18686 Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 3rd day of June, 1997, by the following vote: AYES: Councilmembers: Rindone, Sales, Padilia and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Moot ~tOn, Mayor ATTEST: ~uthelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18686 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 3rd day of June, 1997. Executed this 3rd day of June, 1997. ~Authe et, City lerk Resolution 18686 Page 7 Exhibit A MCMILLIN Otay Ranch SPA One Tentative Subdivision Map PCS 97-02 CONDITIONS QF 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 Directors of Planning, Parks and Recreation and/or the City Engineer; (b). unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the applicant shall be required to provide subordination of any prior lien holders in order to ensure that the City has a first priority interest in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. The Developer has requested "A" Maps for the first Final Map on the project. An 'A" Map shall be defined as a master subdivision or parcel map, filed in accordance with the Subdivision Map Act and the Chula Vista Municipal Code, which shows "Super Block" lots corresponding to the units and phasing or combination of units and phasing thereof, and which does not contain individual single or multi-family lots or a subdivision of the multi-family lots shown on the tentative map. Subsequent to the approval of any "A" Map, the applicant may process the necessary final "B" Maps. A Final "B" Map is defined as a final subdivision or parcel map, filed in accordance with the Subdivision Map Act and the Chula Vista Municipal Code, which proposed to subdivide land into individual single or multi-family lots, or contains a subdivision of the multi-family lots shown on the tentative map. The "B": Map shall be in substantial conformance with the related approved final "A" Map. 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. Prior to each final applicable map, the Developer will comply with all requirements and guidelines of the Parks, Recreation, Open Space and Trails Plan, Public Facilities Financing Plan, Ranch Wide Affordable Housing Plan, Spa One Affordable Housing Plan, and the Non- Renewable Energy Conservation Plan, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 2. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document, the term "Developer" shall also mean "Applicant". 3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building Resolution 18686 Page 8 permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 4. The applicant shall comply with all applicable SPA conditions of approval. 5. Any and all agreements that the applicant is required to enter in hereunder, shall be in a form approved by the City Attorney. ENVIRONMENTAL 6. Prior to approval of each final "B" Map, the applicant shall enter into a supplemental subdivision agreement to implement all applicable mitigation measures identified in EIR 95-01, the CEQA Findings of Fact for this Project and the Mitigation Monitoring and Reporting Program. 7. Prior to the approval of each final "B" Map, the applicant shall comply with all applicable requirements of the Phase 2 Resource Management Plan (RMP) as approved by the City Council on June 4, 1996 and as may be amended from time to time by the City. 8. The Applicant shall comply with any applicable requirements of the California Department of Fish and Game, the U.S, Department of Fish and Wildlife and the U.S. Army Corps of Engineers. The applicant shall apply for and receive a take permit from the appropriate resource agencies or comply with an approved MSCP or other equivalent 10(a) permit or Section 7 consultation applicable to the property, DESIGN 9. The secondary emergency access between Neighborhoods R-10 and R-11 shall be surfaced with "grass-crete", "turf-block" or some other comparable material unless otherwise approved by the Planning Director and Fire Chief. Bollards shall be provided at the end of the emergency access. 10. 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: an equivalent of 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 Planning Director prior to approval of the appropriate final map. 11. A comprehensive wall plan indicating color, materials, height and location shall be submitted for review and approval by the Planning Director prior to approval of each final "B" Map. Materials and color used shall be compatible and all walls located in corner side-yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a decorative masonry and/or wrought iron material. Resolution 18686 Page 9 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 Telegraph Canyon Road, East Orange Avenue and La Media Road, 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 end of Applegate Street. View fencing shall be provided at the ends of all other open cul-de-sacs where a sound wall is not required. The exposed portion of any combination free standing/retaining wall as measured from finish grade shall not exceed 8.5 feet. The applicant shall submit a detail and/or cross section of the maximum/minimum conditions for all "combination walls" which include retaining and free standing walls. Said detail shall be included in the grading plans submitted for review and approval by the Director of Planning prior to the approval of the first grading permit. 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. 12. 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, in accordance with the comprehensive wall plan and subject to approval by the Fire Marshal and the Planning and Parks and Recreation Directors. Where said wall/fencing is located adjacent to any public park, the wall/fencing, including footing shall be located wholly within the park and maintained by the City. 13. Should the applicant propose an amendment to the Otay Ranch General Development Plan to reduce density within the Village Cores at some time in the future, the provision of alley product shall be analyzed and considered concurrently with said amendment. 14. Approval of lot widths and the final number of lots in Neighborhood 22 is subject to building design and product site plan approval by the Planning Department. A reduction in the number of currently proposed lots may occur prior to approval of actual building permits for this Neighborhood . 15. Alternative A for Neighborhood R- 12 as depicted on the tentative map is the preferred alternative. The applicant and the adjacent landowner shall make all reasonable efforts to work together in order to accomplish this alternative. If, after six months froin the effective date of the map, no agreement has been reached, the other alternate depicted on the map shall be acceptable. STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS 16. Dedicate for public use al~ the public streets shown on the tentative map within the subdivision boundary. Prior to the approval of the applicable "B" Map as determined by the City Engineer, the applicant shall enter into an agreement to construct and guarantee the construction of all streets shown on the tentative map and all street improvements as required by the PFFP for each particular phase which could be a result of the cumulative development within SPA One. 17. Secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the construction and/or construct street improvements for all on-site and off-site streets Resolution 18686 Page 10 deemed necessary to provide service to the subject subdivision. Said improvements may include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, signs, landscaping, irrigation, fencing, fire hydrants and traffic signal interconnection conduits and wiring. Street cross sections shall conform to the cross sections shown on the Tentative Map. All other design criteria shall comply with the Chula Vista Design Standards, Chula Vista Street Design Standards, the Chula Vista Subdivision Manual and the City Landscape Manual current at the time of approval of the appropriate final "B" Map, unless otherwise conditioned or approved herein. Exhibit A indicates the relationship between the Qtay Ranch SPA One roadway designations and the approved City designations in the Circulation Element of the General Plan for purposes of determining the appropriate design standards for all streets within SPA One. Should the City Engineer deem that the construction of sidewalks along the offsite portions of East Orange Avenue and East Palomar Street west of Paseo Ranchero is not necessary to provide service to the subject subdivision, their construction may be delayed. Unless otherwise approved by the City Engineer, the developer sha~l provide a cul-de-sac in accordance with City standards at the end of all proposed street stubs along the subdivision boundary. The City Engineer may approve the installation of a temporary turnaround or other ~T" acceptable alternative at the end of those streets that might be extended in the future to provide access to the adjacent property. 18. Include a fully activated traffic signal at the following intersections as part of the improvement plans associated with the final "B" Map which triggers the installation of the related street improvements. a. East Palomar Street and Paseo Ranchero b. East Palomar Street and La Media Road c. East Palomar Street and East Orange Avenue d. East Orange Avenue and Paseo Ranchero e. East Orange Avenue and La Media Road Install underground improvements, standards and street lights with the construction of street improvements, and install mast arms, signal heads and associated equipment as determined by the City Engineer 19. 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. 20. All vertical and horizontal curves and intersections of all streets shall meet the sight distance requirements of the CalTrans Highway Design Manual. Sight visibility easements shall be granted as necessary to comply with the requirements in the CalTrans Highway Design Manual. Any conflict between the CalTrans Highway Design Manual and the City T' standards shall be resolved by the City Engineer. ~ 21. Prior to the approval of the final "B" Map containing parkways, the Developer shall agree to plant trees within all street parkways and street tree easements which have been Resolution 18686 Page 11 selected from the revised list of appropriate tree species described in the Village Design Plan which shall be approved by the Directors of Planning, Parks and Recreation and Public Works. The applicant shall provide root control methods per the requirements of the Parks and Recreation Director and a deep watering irrigation system for the trees. The improvement plans, including final selection of street trees, for the street parkways shall be approved by the Directors of Planning, Parks and Recreation and the City Engineer. 22. Enter into an agreement with the City, prior to approval of the first final Map (including an "A" Map), in which the developer agrees to the following: a. Fund and install Chula Vista transit stop facilities (i.e., bus stops) when directed by the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the Village Design Plans and approved by the Directors of Planning and Public Works. b. Not protest the formation of any future regional benefit assessment district to finance the Light Rail Transit. c. Fund its fair share of the cost of construction of the two pedestrian bridges connecting Villages One to Village Two and Village Five to Village Six as determined by the City Engineer based on the proportionate benefit received from the improvements. The developer shall also identify the financing mechanism to be used to fund said cost. 23. Prior to approval of the appropriate final map, the Developer shall grant in fee to the City the right-of-way for the Light Rail Transit as indicated on the typical cross section of East Palomar Street on the approved Tentative Map. Said right-of-way shall be granted to the City for open space, transportation, and other public purposes. Said right-of-way shall not extend across street intersections unless approved by the City Engineer. Include said right-of-way in an open space district. 24. Guarantee the construction and enter into an agreement to construct the pedestrian bridge connecting Village One to Village Five in accordance with improvement plans approved by the City prior to approval of the final map that requires construction of La Media Road between East Palomar Street and East Orange Avenue. The developer shall construct said bridge, at the time when that portion of La Media Road is constructed and may seek, with the concurrence of the City, repayment from other benefiting property owners through a reimbursement district. 25. In the event the Federal Government adopts ADA standards for street rights-of-way which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. 26. Prior to approval of the first final map for Neighborhood R-12 which requires the construction of the temporary access road to East Palomar Street, the developer shall accomplish the following: Resolution 18686 Page 12 a. If required by the City Engineer, obtain a construction permit from the City approving the necessary modifications to any existing improvements, which are necessary to provide temporary access to Neighborhood R-12. b. Enter into an agreement where the developer agrees to: 1. Remove to the satisfaction of the City Engineer the "Temporary Access Road" improvements, at such time as a permanent road connecting R-12 to East Palomar Street is opened for public use. 2. Construct the ultimate East Palomar Street improvements and regrade the area to be consistent with the streetscape of East Palomar Street as directed by the City Engineer and Director of Parks and Recreation at such time as a permanent road connecting R-12 to East Palomar Street is opened for public use.. 3. Install signs as directed by the City Engineer, indicating that the "Temporary Access Road" will be closed once a permanent road connecting R-12 to East Palomar Street is opened for public use. 4. Provide a Notice in any residential disclosure document that the "Temporary Access Road" will be closed once a permanent road t--~. connecting R-12 to East Palomar Street is opened for public use. 5. Provide for all costs associated with the vacation of the "Temporary Access Road" located within the proposed future residential lot. c. Provide security acceptable to the City in the amount determined by the City Engineer to guarantee the removal of the Temporary Access Road improvements and construction of the ultimate East Palomar Street improvements as directed by the City Engineer and Director of Parks and Recreation 27. Include the necessary modifications to the applicable existing traffic signals at the intersection of Telegraph Canyon Road at Otay Lakes Road as part of the improvement plans associated with the first final "B" Map which triggers the construction of La Media Road. Install underground improvements, standards and street lights with the construction of street improvements, and install mast arms, signal heads and associated equipment as determined by the City Engineer. 28. Include the easement for the proposed "Temporary Access Road" to R-12 from East Palomar Street to the northern property line across the proposed future residential lot. On the appropriate final "B" Map, as determined by the City Engineer, grant said easement to the City for open space, transportation, and other public uses._ 29. Provide: (1) a minimum setback of 19.5 feet on driveways from the back of sidewalk to garage, (2) a minimum 7-foot parkway (face of curb to property line) around the turnaround Resolution 18686 Page 13 area of the cul-de-sac, and (3) sectional roll-up type garage doors at all properties fronting on streets which are proposed for construction in accordance with the detail of the "typical cul- de-sac, 150 feet or less" shown on Sheet 1 of the tentative map, except as provided for in the Planned Community District Regulations or approved by the City Engineer and the Planning Director. 30. 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. 31. Include in separate lots the right-of-way required to accommodate the future grade separation at the intersection of Telegraph Canyon and Otay Lakes Road. These lots shall be granted in fee to the City for Open Space, transportation, and other public purposes on the appropriate final 'B" Map, as determined by the City Engineer. Prior to the approval of the grading plans proposing the grading of the area that would accommodate said intersection, the developer shall submit a design study, acceptable to the City Engineer, of the grading required for said grade separated intersection. 32. 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, excluding the alley product, unless otherwise approved by the City Engineer and Planning Director. Following is a list of streets where Residential Street Condition A shall be implemented: Neighborhood R-11: Santa Delphina Ave., Pacifica Ave., Colusa Drive, Bellena Ave., Ballena Court, Montana Drive, Quailsprings Drive and Coalsprings Drive. Neighborhood R-12: Carreel Avenue, Pleasanton Road, Carmel Court, Applegate Road and Ojai Court. Neighborhood R-23: Bridlevale Drive, Ravenrock Drive, Fawntail Drive, Bouquet Canyon Drive, Strawberry Valley Road, Elk Run Court and Covey Court. I'] Resolution 18686 Page 14 Neighborhood R-24: Bouquet Canyon Drive, Fernwood Drive, Lonetree Drive, Sagetree Drive, Clovertree Drive Breezewood Drive and Bramblewood Drive. Residential street Condition B may be used in Neighborhood R-22. 33. The applicant shall submit a conceptual design for the bridge connections between Village One and Village Five which indicates materials, height, location, etc. Said design plan shall be reviewed and approved by the Planning Director prior to approval of the final "B" Map that requires construction of La Media Road between East Palomar Street and East Orange Avenue. 34. Requested General Waivers 1,2, 3 and 4 and Specific Waiver 1, as indicated on the cover sheet of the tentative map, are hereby approved. 35. Right-of-way for the light rail transit line shall provide for spiral curves as provided by MTDB and approved by the City Engineer. 36. The developer shall dedicate the right of way and easements within the boundaries of the tentative map for other land owners to pioneer public facilities in the property as required by the Public Facilities Financing Plan (PFFP); provided, however, that such dedications shall be restricted to those reasonably necessary for the construction of the facilities identified in the PFFP. 37. The Developer shall be responsible for the construction of full improvements of that portion of East Palomar Street contained within the proposed tentative map, including the installation of full transit stop improvements at the Village Five core. In the event said portion of East Palomar Street is proposed for construction in phases, the Developer shall: (1) submit and obtain approval of the City Engineer of a construction phasing plan, which shall determine the improvements, facilities, and/or dedications to be provided with each phase, and (2) enter into an agreement with the City, prior to the issuance of any grant of approval for the construction of the initial phase of East Palomar Street, where the Developer agrees to construct the remaining phases at such time as required by the PFFP. 38. In order to finance the construction of the backbone facilities (which include but are not limited to East Palomar Street within the tentative map, transit stops, pedestrian bridges, Telegraph Canyon detention basin and Poggi Canyon Channel and detention basin) not included within a City development fee program and which would provide benefit to areas beyond a single ownership within the Otay Ranch SPA One, the Developer may seek, with the concurrence of the City, payment of the fair share of the construction cost of said facilities from other benefiting properties through the establishment of a reimbursement mechanism, a development impact fee program, an assessment mechanism or other equitable facility financing program within the City's discretion. GRADING AND DRAINAGE 39. Provide a setback, as determined by the City Engineer, and based on the soils engineering study, between the property lines of the proposed lots and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped property or property owned by others. The City Engineer shall not approve the creation of any lot that does not meet the required setback. Resolution 18686 Page 15 The developer shall submit notarized letters of permission to grade for all off-site grading. 40. In conjunction with the as built grading plans, the applicant shall 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. 41. Comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. 42. Provide runoff detention basins or any other facility approved by the City Engineer to reduce the peak runoff from the development to an amount equal to or less than the present 100-year frequency peak runoff. 43. Prior to approval of: ( 1 ) the first final "B" Map or grading permit whichever occurs first for land draining into the Poggi Canyon, and (2) the first final "B" Map or grading permit whichever occurs first for land draining into the Telegraph Canyon Channel, the developer shall: a. Guarantee the construction of the applicable drainage facility, unless otherwise approved by the City Engineer as follows: 1. Runoff detention/desilting basin and naturalized channel in Poggi Canyon; or 2. Runoff detention Basin in Telegraph Canyon Channel The Developer may agree to construct these facilities at a later time if approved by the City Engineer and if the developer provides private temporary runoff detention basins or other facilities, approved by the City Engineer, which would reduce the peak runoff from the development to an amount equal to less than the present 100-year peak 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. 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 Parks and Recreation, and the applicable environmental agencies. c. Enter into an agreement with the City of Chula Vista and the applicable environmental agencies (Fish and Game, Fish and Wildlife) wherein the parties agree to implement the maintenance program. 'T 1 I " el' Resolution 18686 Page 16 d. Enter into an agreement with the City where the developer agrees to the following: 1. Provide for the maintenance of the proposed detention basin in Telegraph Canyon and 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 (1.)the Telegraph Canyon detention basin and (2.) Poggi Canyon Channel and detention basin until all upstream grading of the area contained within the tentative map is completed and erosion protection planting is adequately established as determined by the City Engineer and Director of Parks and Recreation. 3. Provide for the removal of any siltation in (1 .)the Telegraph Canyon detention basin and (2.)Poggi Canyon Channel and detention basin attributable to the development for a minimum period of five years after City acceptance of the landscaping improvements. 44. Enter into an agreement with the City, prior to approval of the first final "B" Map or grading permit whichever occurs first for land draining into the existing Telegraph Canyon Channel, where the developer agrees to perform the following activities within the portion of said existing channel extending from Paseo Ladera to the eastern subdivision boundary: a. Provide for the removal of siltation until all upstream grading of the area contained within the tentative map is completed and erosion protection planting is adequately established as determined by the City Engineer and Director of Parks and Recreation. b. Provide for the rernoval of any siltation attributable to the development for a minimum period of five years after City acceptance of the landscaping improvements. 45. Ensure that brow channels and ditches emanating from and/or running through City Open Space are not routed through private property and vice versa. 46. Provide a graded access (12 feet minimum width) and access easements as required by the City Engineer to all public storm drain structures including inlet and outlet structures. Improved access as determined by the City Engineer shall be provided to public drainage structures located in the rear yard of any residential lot. 47. Provide a protective fencing system around: (1) the proposed detention basins at Telegraph Canyon and 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 the City Engineer. 48. Designate all drainage facilities draining private property to the point of connection with public facilities as private. Resolution 18686 Page 17 49. 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. 50. Obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency revising the current National Flood Insurance Program maps of the Telegraph Canyon Channel 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. 51. Provide graded maintenance access roads along both sides of the proposed on-site and off-site 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. 52. Prior to the approval of the first final "B" Map, the developer shall submit for the approval of the City Engineer, a study demonstrating that the proposed detention basin in Telegraph Canyon is capable of reducing the peak runoff from SPA One to or less than the present 100-year frequency peak runoff. The City Engineer may require that said study be reviewed by an outside consultant to determine the effect of the proposed detention facility on the existing naturalized channel. All costs associated with retaining said consultant shall be the responsibility of the Developer. The final design and location of the detention basin shall be approved by the City Engineer, Director of Planning and Director of Parks and Recreation. 53. Prior to the installation of the regional trail, install a fence along those portions of: ( 1 ) the existing maintenance access roads along the Telegraph Canyon Channel, and (2) the proposed maintenance access roads of the Poggi Canyon Channel, which are proposed to be incorporated into the Regional Trail System. The fence shall be erected only at those locations where its installation will not interfere with the normal channel maintenance. The specific locations where the fence will be allowed and the fence details shall be as determined by the City Engineer and Director of Parks and Recreation 54. Prior to approval of mass grading plans, the Developer shall prepare and obtain approval by the City Engineer, Director of Planning and Director of Parks and Recreation of an erosion and sedimentation control plan. Prior to approval of the street improvement plans, the Developer shall obtain approval of landscape/irrigation plans. 55. Landform grading, similar to what has been proposed along Telegraph Canyon Road indicated on this tentative map and consistent with City policy and the approved tentative maps for the adjacent properties, shall be implemented adjacent to all off-site major roads (i.e., East Palomar Street and East Orange Avenue). 56. Indicate on all affected grading plans that all walls which are to be maintained by open space districts or other methods shall be constructed entirely within open space lots. 57. The grading plans for the intersection at East Orange Avenue/Paseo Ranchero shall include a partial grading of the area that would accommodate the eastbound on-ramp and off- ramp and the westbound on-ramp of the future grade separated intersection. The elevations and extent of the required grading shall be determined by the City Engineer to: (1) allow in 'T I ....T' e Resolution 18686 Page 18 the future the construction of any additional grading necessary for the ultimate intersection configuration, and (2) construct the Poggi Canyon Channel at its ultimate location. 58. Prior to approval of the grading and/or improvement plans proposing the construction of the culvert under La Media Road at the crossing with the Telegraph Canyon Channel, the developer shall submit a study acceptable to the City Engineer demonstrating that the proposed culvert will be capable of handling the design flow in the event said culvert needs to be extended in the future in conjunction with the grading for a grade separated intersection at Telegraph Canyon Road/Qtay Lakes Road. 59. Prior to approval of the first final "B" Map or first grading permit (whichever occurs first) for Neighborhood R-12 (Alternate A or B), the developer shall submit a study for the approval of the City Engineer demonstrating that the 100-year peak flow proposed to be discharged from said neighborhood to the adjacent properties to the west, is equal to or less than the present 100-year peak flow. The City Engineer may approve that increased flows be deposited into the adjacent properties if the developer provides: (1) verification in the form of an agreement with the owners of downstream properties indicating the acceptance of the increased flows, or (2) evidence to the satisfaction of the City Engineer that any existing downstream drainage improvernents will be capable of handling the increased flows in accordance with City standards. The developer shall limit the flows to non-erosive velocities and provide erosion control to the satisfaction of the City Engineer. 60. Prior to approval of any final "B" Map, Developer shall agree to indemnify City for any ~ ~F"' liability, claims or actions resulting from the downstream property owners accepting the increased flows. SEWER 61. 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. 62. Prior to the approval of the first final "B" Map for any property located within Neighborhood R-12 (Alternate A), the developer shall construct or secure the construction, in accordance with Section 18.16,220 of the Municipal Code, of a gravity sewer line connecting Neighborhood R-12 (Alternate A) to an approved public sewer line. As an alternative to the gravity sewer line the developer may propose the construction of the sewage pump station shown on the tentative map at the western boundary of R-12 (Alternate A). Prior to the issuance of any grant of approval for the construction of said "pump station" and associated improvements, the developer shall comply with all the requirements of Council Policy No. 570-03 (Sewage Pump Station Financing Policy). 63. Prior to approval of any final "B" Map for any property located within the Poggi Canyon Sewer Trunk gravity basin, the developer shah construct or secure the construction, in accordance with Section 18.16.220 of the Municipal Code, of the Poggi Canyon Sewer Trunk improvements required to serve the properties located within said final map. As an alternative to the gravity sewer line the developer may propose the construction of the sewage pump station shown on the tentative map at the northeastern quadrant of the intersection of East Orange Avenue and La Media Road. Prior to the issuance of any grant of approval for the construction of said "pump station" and associated improvements, the developer shall comply Resolution 18686 Page 19 with all the requirements of Council Policy No. 570-03 (Sewage Pump Station Financing Policy). PARKS/OPEN SPACE/WILDLIFE PRESERVATION General 64. The project sharl satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. Pedestrian parks are an integral component of the plan and shall receive partial park credit as defined below. A minimum of two thirds (2 acres/1,000 residents) of local park requirement shall be satisfied through the provision of turn-key neighborhood and pedestrian parks.. The remaining requirement (1 acre/I,000 residents) shall be satisfied through the payment of fees. 65. All local parks shall be consistent with the SPA One PFFP and shall be installed by the Applicant. A construction schedule, requiring all parks to be completed in a timely manner, shall be approved by the Director of Parks and Recreation. 66. All local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Parks and Recreation Department specifications and policies. 67. All aspects of the neighborhood parks, including the applicants fair share portion of Park P-9 and the paseo, shall be designed in accordance with the City Landscape Manual. 68. The Applicant shall receive surplus park credit to the extent the combined park credit for neighborhood parks, pedestrian parks and the town square 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. 69. 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. 70. Unless otherwise specifically stated herein, Developer shall provide the City with an irrevocable offer of dedication, in a form approved by the City Attorney, for all designated public park lands prior to approval of the first final "B" Map within the phase identified in the PFFP for said parks. 71. Pedestrian Parks (also known as mini-parks): Pedestrian parks less than five acres, with the exception of Park P-9 and the paseo, 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 Parks and Recreation pursuant to the City wide small park credit criteria which shall be approved by the City Council. Resolution 18686 Page 20 72. NeiQhborhood Parks: Developer shall provide the City with an irrevocable offer of dedication, in a form approved by the City Attorney, for the park identified in the PFFP as P-6 prior to the approval of the final map in accordance with the PFFP phasing. a. In addition to those required PAD fees, the Applicant shall pay PAD fees based on a formula of 2 acres per 1,000 residents for the first 431 dwelling units. In the City's sole discretion, PAD fees may be required for units in excess of the first 431 dwelling units. 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 and guarantees construction of the first neighborhood park, no later than issuance of the building permit for the 431st dwelling unit. The agreement shall also provide the following: 1. The level of amenities required in the neighborhood park shall be determined by the Director of Parks and Recreation in conjunction with the park master planning effort required by the City of Chula Vista Landscape Manual. The applicant shall complete construction of the neighborhood park within six (6) months of commencing construction of said park. 2. The timing of construction of Parks P-6, P-7, P-8 and the regional trails ~'F" shall be addressed in the revised PFFP, 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/1,000 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 Parks and Recreation as being in compliance with the Park Master Plan, but prior to the mandatory one year 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 for any amount above their pro-rata share for the costs of constructing a turn-key park constructed in accordance with the Parks Master Plan. c. The applicant shall grant to the City, at the "A" Map stage, an irrevocable offer of dedication for all neighborhood parks shown on the Tentative Map. 73. Community Parks: Prior to the approval of each final "B" Map the Applicant shall pay PAD fees for the Community Park based upon a formula of 1 acre per 1,000 residents t ~,. 74. Trails/ODen Space: a. All trails shall connect to adjoining existing and/or proposed trails in neighboring development projects, as determined by the Director of Parks and Recreation. Resolution 18686 Page 21 b. The two connector trails from Neighborhoods R-24 and R-25 in Village Five to Telegraph Canyon Road shall be combined into one trail in Open Space Lot 1 and shall connect to the regional trail in one location. c. The maximum gradient for connector trails shall be 10%. Steeper grades of up to 12% for short runs of 50 feet may be permitted subject to the approval by the Parks and Recreation Director. d. The graded section upon which the connecting trails are constructed shall be 10 feet in width. Six feet shall be provided for the trail bed, with a 2 foot graded shoulder on either side. e. Landscape and irrigation plans for the transit right-of-way shall be reviewed and approved by the Parks and Recreation Director in conjunction with the landscape plans for East Palomar Street. 75. 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 Committee 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 Parks and Recreation and the City Engineer. e. Community Gardens shall not receive park credit. OPEN SPACE/ASSESSMENTS 76. Prior to the approval of the first final "B" Map, the developer shall: a. Submit and obtain approval of the SPA One Open Space Master Plan from the Director of Parks and Recreation. The Open Space Master Plan shall be based upon the approved Concept and Analysis Plan, the requirements of which are outlined in the City of Chula Vista Landscape Manual and include but are not limited to elements such as final recreational trail alignments and fencing and phasing. b. Request the formation of an Open Space District. pursuant to the 1972 Landscaping & Lighting Act or other financing mechanism approved by City Council. The district formation shall be submitted to Council for consideration prior to approval of the first final B map. Maintenance of the open space improvements shall be accomplished by the developer for a minimum period of one year or until such time as accepted into the open space district by the 'T f* F ..... Iil' Resolution 18686 Page 22 Director of Parks and Recreation. If Council does not approve the open space district formation, some other financing mechanism shall be identified and submitted to Council for consideration prior to approval of the first final map. c. Submit evidence acceptable to the City Engineer and the Director of Parks and Recreation of the formation of a Master Homeowner's Association (MHOA), or another financial mechanism acceptable to the City, which includes all the properties within the approved tentative map prior to approval of the first "B" Map. The MHOA shall be responsible for the maintenance of the improvements listed in Condition 76d. The City Engineer and the Director of Parks and Recreation may require that some of those improvements be maintained by the Open Space District. The final determination of which improvements are to be included in the Open Space District and those to be maintained by the MHOA shall be made during the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Parks and Recreation require such annexation of future tentative map areas. The MHOA formation documents shall be approved by the City Attorney. d. Submit a list of all Otay Ranch SPA One facilities and other items to be maintained by the proposed district. Separate lists shall be submitted for the improvements and facilities to be rnaintained by the Open Space District and t--T, those to be maintained by a Master Homeowner's Association. Include a description, quantity and cost per year for the perpetual maintenance of said improvements. These lists shall include but are not limited to the following facilities and improvements: 1. All facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures and landscaping. Each open space lot shall also be broken down by the number of acres of turf, irrigated, and non- irrigated open space to aid in the estimation of a maintenance budget thereof. 2. Medians and parkways along East Orange Avenue (onsite and offsite), Paseo Ranchero, La Media Road, East Palomar Street (onsite and offsite) and all other street parkways proposed for maintenance by the open space district or Homeowners' Association. 3. The proposed detention basin in Telegraph Canyon and the fair share of the maintenance of the existing naturalized Telegraph Canyon Channel east of Paseo Ladera as determined by the City Engineer based on the proportional benefit received from the improvements. This includes but is not limited to the cost of maintenance and all cost to comply with the Department of Fish and Game and Corps of Engineers permit requirements. ~ '~" 4. The proposed detention basin and naturalized channel in Poggi Canyon. This includes but is not limited to the cost of maintenance and all cost Resolution 18686 Page 23 to comply with the Department of Fish and Game and the Corps of Engineers permit requirements. 5. Community Gardens 6. Pedestrian Bridges. 7. The proportional share of the maintenance of the median and parkways along that portion of Telegraph Canyon Road adjoining the development as determined by the City Engineer. 8. Parkways and open space lots proposed along Santa Cora Avenue within Neighborhoods R-22, R-23, and R-24. 9. Parkways along Santa Delphina Avenue within Neighborhood R-11. 1 O. Trees planted within the 8-foot street tree easement adjacent to ( 1 )the western right-of-way line of Santa Delphina Avenue and (2) Lone Tree Drive to the south right of way of Park 6.3. e. Submit an initial deposit of $15,000 to begin the process of formation of the open space district. All costs of formation and other costs associated with the processing of the open space relating to this project shall be borne by the developer. f. Provide all the necessary information and materials (e.g., exhibits, diagrams, etc.) as determined by the City Engineer to prepare the engineer's report for the proposed open space district. 77. Include in the CC&Rs, if applicable, the obligation of the Homeowners' Association to maintain all the facilities and improvements within the open space lots rejected by the City prior to the approval of the final map containing said lots. 78. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the length of any wall abutting an open space district lot, as measured from face-of-wall to beginning of slope, said area as approved by the City Engineer and the Director of Parks and Recreation. 79. 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 they shall not modify or supplement the wall or encroach onto the open space lots. These restrictions shall also be incorporated in the CC&Rs for each lot. 80. 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. 81. If requested by the City, the Developer shall grant in-fee to the City on the appropriate final map, all open space lots shown on the tentative map and execute and record a deed for each of the lots to be maintained through the open space district or the HOA. Provide on the Resolution 18686 Page 24 final map a certificate, pursuant to section 66477.2(a) of the Subdivision Map Act, rejecting those open space lots to be maintained by the Homeowner's Association. 82, Provide documentation, prior to the approval of the first final "B" Map, to the Director of Planning and the City Engineer that an annexable Mello-Roos District, or other financing mechanism approved by the Sweetwater High School District and the Chula Vista Elementary School District has been established to provide for construction of schools. 83. The update of the Public Facilities Development Impact Fee (currently being prepared) which incorporates the public facilities proposed in the Otay Ranch SPA One shall be approved by City Council prior to the approval of any final 'B" Map. 84. Prior to issuance of any grading permit which includes Landscaping and Irrigation (L & I) improvements to be installed in an open space lot to be maintained by the 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 Parks and Recreation. 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 may 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. 85, Provide an 8-foot street tree easement adjacent to the western right-of-way line of Santa Delphina Avenue (within Neighborhood R-11 ) and to the south right of way of Lonetree Drive. 86. Ensure that all buyers of lots fronting residential streets constructed in accordance with Condition A sign a statement, when purchasing their homes, stipulating that (1) they are aware that the City will be responsible for the maintenance of the landscaping improvements located between the curb and the sidewalk (including City approved trees), and (2) they shall not replace or remove any trees planted between the curb and the sidewalk without the approval of the City. These provisions shall be incorporated in the CC&Rs for each lot. WATER 87. Provide to the City a letter from Otay Municipal Water District indicating that the assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the parcel(s). 88. Present verification to the City Engineer in the form of a letter from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. EASEMENTS 89. Grantto the City a 10' wide easementfor generalutility purposes along public street T"' frontage of all open space lots offered for dedication to the City unless otherwise approved ~ by the City Engineer. Resolution 18686 Page 25 90. Indicate on the appropriate "B" Map a reservation of easements to the future Homeowners' Association for private storm drain and private sewer facilities within City open space lots as directed by the City Engineer. 91. 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. 92. 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. 93. 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. 94. 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 Parks and Recreation and the City Engineer to provide adequate access for maintenance of said walls. 95. Grant on the appropriate final "B" Map the following: (1.) a minimum 15 foot wide drainage and access easement for stormdrains located between residential units, and (2.) a minimum 20 foot wide sewer and access easement for sewerlines located between residential units. The City Engineer may approve that a reduced (stormdrain and/or sewer) easement width be granted at those locations where stormdrains are proposed adjacent to sewerlines. All other easements shall meet City standards for required width. Resolution 18686 Page 26 AGREEMENTS/FINANCIAL 96. 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 E)rdinance. 3. The applicant does not comply with the terms of the Reserve Fund Program. b. That the City rnay withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for E)tay Ranch SPA One if the required facilities, as identified in the PFFP or as amended by the Annual Monitoring Program, have not been completed. c. Defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision approval. d. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. e. Ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot on public streets within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. f. Include in the Articles of Incorporation or Charter for the Homeowners' Association (HE)A) provisions prohibiting the HOA from dedicating or conveying without approval of 100% of all the HOA members. g. Ensure that all insurance companies are permitted equal opportunity to go out to bid to provide a Cooperative Homeowner's Insurance Program (CHIP). Resolution 18686 Page 27 h. Pay, upon Council approval of the Poggi Canyon Sewer Basin Development Impact Fee, the total amount of the fees for those lots of the final map which are located within the area of benefit of said facility and that obtained building permits prior to the establishment of said fee. 97. 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. 98. Prior to approval of the first final Map (including an "A" Map), or as otherwise determined by the Director of Planning, within SPA One and consistent with the City's Housing Element, Ranch-Wide and SPA One Affordable Housing Plans, the applicant shall enter into and execute with the City an Affordable Housing Agreement ("SPA One Affordable Housing Agreement") containing, but not limited to, the following provisions: (a.) The obligation to provide the total nurnber of low and moderate incorne units required under the City's Affordable Housing Program, based on the number of dwelling units contained within the Master Tentative Map for SPA One; (b.) Identify the overall number of dwelling units within the Master Tentative Map for which the applicant can receive final map approval prior to the applicant selecting and guaranteeing, to the City's satisfaction, final affordable housing site(s); (c.) The number of dwelling units within the master tentative map area which can receive building permit authorizations prior to the applicant obtaining building permits for a specified number of the required low income units; and (d.) A description of what information must be provided in subsequent Project Level Affordable Housing Agreements. Upon its approval by the City, the terms and conditions of the SPA One Affordable Housing Agreement shall become conditions of this resolution, and is hereby incorporated herein by this reference. 99. The Applicant shall pay, prior to approval of the first "B" Map, their proportional share, as determined by the Director of Parks and Recreation, of a collaborative study analyzing local park needs for the area east of the 1-805 Freeway. 100. Prior to the approval of the first final "B" Map, the Developer shall submit and obtain approval by the City Engineer of an "improvement Phasing Schedule" which will identify the timing of construction of all backbone facilities and/or completion of the activity noted in the following table. The Improvement Phasing Schedule shall be consistent with the PFFP. COST ITEM TO BE INCLUDED IN IMPROVEMENT PHASING SCHEDULE FACILITY *Payment of Telegraph Canyon Basin For areas covered by backbone streets and Drainage DIF all common areas with include, but are not limited to, parks, schools, paseos and open space lots. [ IT I '1' Resolution 18686 Page 28 *Acquisition/dedication of off-site drainage Poggi Canyon Channel (on-site and off-site) easement. and detention basin *Construction and maintenance (prior to City acceptance). *Construction and maintenance (prior to City Telegraph Canyon Channel detention basin. acceptance). Security satisfactory to the City shall be provided for the above backbone facilities when their construction or compliance is triggered as identified in the approved Improvement Phasing Schedule. In addition to the foregoing, prior to approval of the first final "B" Map, the Developer shall provide security satisfactory to the City Engineer to guarantee the construction of the following: a. Full improvements of that portion of East Palomar Street contained within the tentative map boundaries including full improvements of the transit stop proposed in East Palomar Street at the Village Five core. b. Fair share of the improvements for the pedestrian bridges connecting Village One to Village Five, Village One to Village Two and Village Five to Village Six. The amount of the security for the above noted improvements shall be 110% times a construction cost estimate approved by the City Engineer if improvement plans have been approved by the City; 150% times the approved cost estimate if improvement plans are being processed by the City or 200% times the construction cost estimate approved by the City Engineer if improvement plans have not been submitted for City review. A lesser percentage may be required if it is demonstrated to the satisfaction of the City Engineer that sufficient data or other information is available to warrant such reduction. SCHOOLS 101. 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 Five, prior to issuance of the 500th residential building permit (150 students), The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School district as based on District facility needs. MISCELLANEOUS 102. Include in the Declaration of Covenants, Conditions and Restrictions (CC&Rs} provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. The CC&Rs shall also include provisions requiring the HOA to obtain an encroachment permit from the City prior to performing work on any private easement which may disturb any existing landscaping or any other public improvements. The City of Chula '~' Vista shall be named as party to said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. The CC&R's shall also include language which states that any proposal by the HOA for dedication Resolution 18686 Page 29 or conveyance for public purposes of land used for private streets (i.e., in multi-family areas) will require prior written approval of 100% of all the Homeowners' Association members. 103. Submit copies of Final Maps and improvement plans and storm drain plans in a digital format such as (DXF) graphic file prior to approval of each Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 5-1/4" HD or 3-1/2" disks prior to the approval of each Final Map. 104. Tie the boundary of the subdivision to the California System -Zone VI (1983). 105. The developer may submit and obtain the approval of the City of a master final map ("A" Map)showing "super block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" map shall also show the backbone street dedications and utility easernents required to serve the "super block" lots. All "super" block lots created 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 or unless otherwise indicated in said conditions of approval:. The City shall not require improvement plans in order to approve a final map for any "A" Map lots, but the developer shall provide security to guarantee the construction of the backbone facilities, prior to approval of any "A" Map in the following amounts: The amount of the security for the above noted improvements shall be 110% times a construction cost estimate approved by the City Engineer if improvement plans have been approved by the City, 150% times the approved cost estimate if improvement plans are being processed by the City or 200% times the construction cost estimate approved by the City Engineer if improvement plans have not been submitted for City review. A lesser percentage may be required if it is demonstrated to the satisfaction of the City Engineer that sufficient data or other information is available to warrant such reduction. Prior to approval of the first "A" Map, the Developer shall enter into an agreement where the Developer agrees that the subsequent development of a multiple family lot, which does not require the filing of a "B" Map, shall meet (prior to issuance of a building permit for that lot) all the applicable conditions of approval of the tentative map, as determined by the City Engineer. Construction of non-backbone streets adjacent to multiple family lots will 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. 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. The developer may seek repayment from other property owners through a reimbursement district. 106. Prior to approval of the first "A" Map, the Developer shall enter into an agreement to secure approval of a Master Precise Plan for the Village Five Core Area prior to submitting any '[ I ' I · '1 ' Resolution 18686 Page 30 development proposals for commercial, multi-family and Community Purpose Facility areas within the SPA Five Village Core. 107. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP), the Applicant shall complete the following: (1 .) Fund the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2.) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 108. The applicant of each master tentative map 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. 109. The applicant shall submit copies of any proposed C.C. and R's for review and approval by the Director of Planning and the City Engineer prior to approval of each final "B" Map. 11 O, Fully accessible handicap access shall be provided at the ends of the following cul-de~ sacs: Fawntail Drive, Sagetree Drive, Montana Drive, Access via stairs shall be provided at the ends of the following cul-de-sacs: Rimrock Drive, Thistlwood Avenue, Clovertree Drive, Bramblewood Drive, and Applegate Drive.. 111. 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. The developer shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable final "B" Map does not record. PHASING 112. The applicant shall submit to the City a revised phasing for review and approval prior to approval of the first final "B" Map. The PFFP shall be revised where necessary to reflect the revised phasing plan. Resolution 18686 Page 31 113. 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 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. 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 Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 114, The Public Facilities Finance Plan or revisions hereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. CODE REQUIREMENTS 115. 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. 116. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 117. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees b. Signal Participation Fees c. All applicable sewer fees, including but not limited to sewer connection fees d. Interim SR-125 impact fee e. Telegraph Canyon Sewer Basin DIF f. Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future g. Telegraph Canyon Basin Drainage DIF h. Reimbursement District for Telegraph Canyon Road Phase 2 Undergrounding i. Otay Ranch Reserve Fund fee. Pay the amount of said fees in effect at the time of issuance of building permits. Resolution 18686 Page 32 118. Comply with all relevant FederaI, State and Local regulations, including the CleanWater Act. The developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 119. 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. 120. Comply with Council Policy No. 570-03 if pump stations for sewer purposes are proposed. 121. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 122. The applicant shall comply with all aspects of the City of Chula Vista Landscape Manual. 123. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.o9.1oo). The applicant acknowledges that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 124. 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) residentiai development, plans shall clearly indicate that 750 square feet of private open space will be provided. 125. All proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations.