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Home My WebLink AboutReso 1996-18366 RESOLUTION NO. 18366 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE RANCHO DEL REY SPA Ill SECTIONAL PLANNING AREA (SPA) PLAN, GENERAL DEVELOPMENT PLAN, RESIDENTIAL DESIGN GUIDELINES, WATER CONSERVATION PLAN AND AIR QUALITY IMPROVEMENT PLAN (PCM-96-05); AND APPROVING AND IMPOSING CONDITIONS ON TENTATIVE SUBDIVISION MAP CHULA VISTA TRACT 96-05 (PCS-96-05), AND ADOPT ADDENDUM TQ FEIR-89-10 I. RECITALS A, Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and commonly known as Rancho Del Rey SPA Ill Parcel R-7, Tentative Subdivision Map Chula Vista Tract 96-05; and for the purpose of general description herein consists of 156 acres located on the south side of East "H" Street between Paseo Ranchero and Del Rey Boulevard, within the Rancho Del Rey Planned Community ("Project Site"); and '~ B, Project; Application for Discretionary Approval WHEREAS, on March 8, 1996 Rancho Del Rey Investors, L.P. ("Owner") filed applications with the Planning Department of the City of Chula Vista requesting approval of amendments to the Rancho Del Rey SPA III Sectional Planning Area (SPA) Plan, General Development, Plan and Planned Community District Regulations, Rancho Del Rey SPA IH Water Conservation Plan, Rancho [)el Rey Air Quality Improvement Plan and Rancho Del Rey SPA II1 Residential Design Guidelines. The applications also request approval of a tentative subdivision map in order to subdivide Parcel R-7 into 403 residential lots and eleven open space lots (Lots A,B,C,D,E and F of Unit 1, Lots A, B and C of Unit 2, and Lots A and B of Unit 3) ("Project"). Parcel R-7 will be divided into three subdivision units, identified here as "Units 1, 2, and 3"; and C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of 1 ) a Specific Plan, El Rancho Del Rey Specific Plan previously approved by City Council; the Rancho Del Rey SPA III Sectional Planning Area Plan, previously adopted by City Council by Resolution No. 15993 ("SPA"); and 3) a Master Tentative Subdivision Map, previously approved by City Council Resolution No. 16222 ("TSM"), Chula Vista Tract 90-02; 4) an Air Quality Improvement Plan, Rancho Del Rey SPA III Air Quality Improvement Plan (AQIP); and 5) a Water Conservation Plan, Rancho Oel Rey Water Conservation Plan (WCP); both previously approved by City Council Resolution No. 16220 and 16219, respectively on July 9, 1991. Resolution 18366 Page 2 "'~1 D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on June 26, 1996, and voted (5-0) to recommend that the City Council approve the Project, based upon the findings and subject to the conditions listed below; and E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on July 16, 1996, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on June 26, 1996 and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. PREVIOUS EIR-89-10 AND ADDENDUM EIR-89-10 REVIEWED AND CONSIDERED; ~ FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, approved and certified EIR-89-10 and has considered Addendum FEIR-89-10; and IV. COMPLIANCE WITH CEQA The City Council does hereby find that FEIR-89-10 and the addendure has been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and Environmental Review Procedures of the City of Chula Vista and hereby adopts the addendure to FEIR-89-10. V. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council finds that the FEIR-89-10 and addendure reflects the independent judgement of the City Council of the City of Chula Vista. VI. SPA FINDINGS/APPROVAL A. THE SECTIONAL PLANNING AREA PLAN AS AMENDED IS IN CONFORMITY WITH THE RANCHO DEL REY SPECIFIC PLAN AND THE CHULA VISTA GENERAL PLAN. The amended Rancho Del Rey SPA III Sectional Planning Area (SPA) Plan is consistent with the Rancho Del Rey Specific Plan and the Chula Vista General Plan. Resolution 18366 Page 3 B. THE RANCHO DEL REY SPA III SECTIONAL PLANNING AREA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OFTHE INVOLVED SECTIONAL PLANNING AREA. The SPA Plan as amended is consistent with the amended phasing of internal and external infrastructure and consistent with the Rancho Del Rey SPA III Public Facilities Financing Plan, Air Quality Improvement Plan, and Water Conservation Plan and will, therefore, promote the orderly sequentialized development of the involved Sectional Planning Area. C. THE RANCHO DEL REY SPA III SECTIONAL PLANNING AREA (SPA) PLAN AS AMENDED WILL NOT ADVERSELY AFFECT ADJACENT LAND USES, RESIDENTIAL ENJOYMENT, CIRCULATION, OR ENVIRONMENTAL QUALITY. The land uses within the Rancho Del Rey SPA III area represent the same uses approved by the Rancho Del Rey Specific Plan and will not adversely affect adjacent land use, residential enjoyment, circulation, or environmental quality. The implementation of this plan will allow for the completion of trail linkages to existing neighborhoods in the area D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA. LOCATION, AND OVER-ALL '" DESIGN FOR THE PURPOSE INTENDED; THAT THE DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The amendments do not involve areas planned for industrial and research uses, E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The project includes the construction of the hiking trails within the project boundary which are a component of the overall Rancho Del Rey Planned Community recreational trails system. F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The amendments do not involve changes to the existing circulation system, except for internal streets and access points along Paseo Ranchero and East "H" Street. A traffic analysis for the project concludes that although a net increase of approximately 2,000 trips (APT) is expected on East "H" Street as a result of the proposed change in land use, there will be no changes in either the AM or PM levels of service (LOS) at the near by intersections, Resolution 18366 Page 4 G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION(S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION(S). The amendments do not involve areas planned for commercial uses. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The amendments are consistent with the previously approved plans and regulations applicable to surrounding areas and therefore, said development can be planned and zoned in coordination and substantial compatibility with said development. I. ADOPTION OF SPA In light of the findings above, the amended Rancho Del Rey SPA III Sectional Planning Area (SPA) plan is hereby approved and adopted in the form presented and attached subject to the general and specific conditions set forth hereinbelow. VII. TENTATIVE SUBDIVISION MAP FINDINGS/APPROVAL A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein for Rancho Del Rey SPA III Parcel FI-7, Chula Vista Tract No. 96-05 is in conformance with the Rancho Del Rey Specific Plan and the elements of the City of Chula Vista General Plan, based on the following: a. Land Use The Rancho Del Rey Sectional Planning Area (SPA) Plan, as amended, designates parcel (R-7) as Residential Single Family Cottages (4-6 & 6-8 du/ac) and SFA Residential Duplex Townhomes (8-12 du/ac). The target density for the 156 acre parcel is 6.2 du/ac with a maximum of 520 dwelling units. The project, as conditioned, is in compliance with the City's General Plan, Rancho Del Rey Specific Plan and SPA. b. Circulation All of the on-site and off-site public streets required to serve the subdivision will be constructed or DIF fees paid by the developer in accordance with the Rancho Del Fley SPA III Public Facilities Financing Plan and Development Agreement. The public streets within the Project will be designed in accordance with the City design standards and/or requirements and provide for vehicular and pedestrian connections for the entire SPA c. Housing Resolution No. 15751 adopted by the City Council on August 7, 1990, acknowledged that the requirement to provide ten percent of the total number of units allowed in the Flancho Del Rey Specific Plan for low and moderate income households. The resolution Resolution 18366 Page 5 also acknowledge that the 5% moderate income housing and most of the low income housing have been provided in SPA I and II. The remaining requirement is to provide approximately 23 units for low income households in SPA III. The City Council designated the northerly 2.2 acres of Parcel R-6 as the low income housing site in the Rancho Del Rey SPA III where 40 low income townhomes will be constructed in the near future. d. Conservation The Environmental Impact Report EIR-89-10 and Addendure FEIR 89-10 addressed the goals and policies of the Conservation Element of the General Plan and found the development of this site to be consistent with these goals and policies. e. Parks and Recreation, Open Space The Rancho Del Rey SPA III Sectional Planning Area (SPA) plan provides public parks, trails and open space consistent with City policies. f. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. g. Safety The Fire Department and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets the City Threshold Standards for emergency services. h. Noise Noise mitigation measures included in the Environmental Impact Report EIR-89-10 and Addendure FEIR-89-10 adequately address the noise policy of the General Plan. The project has been conditioned to require that all dwelling units be designed to preclude interior noise levels over 45 dBA. and exterior noise exposure to 65 dBA which in accordance with the City's performance standards. i. Scenic Highway The project site is located adjacent to a designated scenic highway and an average 80 ft. wide landscaped open space buffer and a decorative perimeter wall will be provided along East "H" Street and extended along Paseo Ranchero. j~ Bicycle Routes Bicycle lanes have been incorporated within the Rancho Del Rey SPA III Planned Community and are presently in use. The public streets within the project are of adequate width to accommodate bicycle travel within the interior of the subdivision. Resolution 18366 Page 6 k, Public Buildings No public buildings are proposed on the project site. The project is subject to RCT fees prior to issuance of building permits. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the City 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. C. The configuration, orientation and topography of the site partially allows for the optimum sitting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. D. The site is 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. BE IT FURTHER RESOLVED that in light of the findings above, the City Council does hereby approve the Tentative Subdivision Map subject to the general and specific conditions set forth below: VIII. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing SPA Amendments and Tentative Subdivision Map which are conditioned on "General Conditions", is hereby conditioned as follows: A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in the Me,3~e~Tentative Subdivision Map Chula Vista Tract 96-06 and EIR-89-10 and Addendure FEIR-89-10 except as modified by this Resolution, B. Implement Mitigation Measures Developer shall diligently implement, or cause the implementation of, all mitigation measures pertaining to the Project identified in the Final Environmental Impact Report EIR-89-10 and Addendure FEIR-89~10. C. Implement previously adopted conditions of approval pertinent to project Unless otherwise conditioned, developer shall comply with all unfulfilled conditions of approval of the Rancho Del Rey SPA III Master Tentative Map, Chula Vista Tract 90- 02, established by Resolution No. 16222 approved by Council on June 18, 1991, and shall remain in compliance with and implement the terms, conditions, end provisions of Rancho Del Rey Sectional Planning Area (SPA) plan, General Development Plan, Resolution 18366 Page 7 Planned Community District Regulations, Rancho Del Rey SPA III Water Conservation Plan, Rancho Del Rey SPA III Air Quality Improvement Plan, Rancho Del Rey SPA III Residential Design Guidelines and Rancho Del Rey SPA III Public Facilities Financing Plan as amended and as are applicable to the property which is the subject matter of this SPA amendment and tentative map, prior to approval of the Final Map or shall have entered into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures, as the City may require, assuring that after approval of the Final Map, the developer shall continue to comply with, remain in compliance with, and implement such plans. D. Implement Public Facilities Financing Plan Developer shall install public facilities in accordance with the Rancho Del Rey SPA III Public Facilities Financing Plan, as amended or as required by the City Engineer, to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. E. Contingency of Project Approval Approval of the Tentative Subdivision Map is contingent upon the amendments to the Rancho [:)el Rey SPA III Sectional Planning Area (SPA) plan, General Development Plan, Planned Community District Regulations and Rancho Del Rey SPA III Residential Design Guidelines taking effect (PCM-96-09). F. Design Approval The applicant shall develop the lots in accordance with the applicable Rancho Del Rey SPA III Development Regulations and Design Guidelines. The plans for the residential units for Units 1,2 and 3 shall be submitted for review and obtain approval under the City's design review process prior to submittal for building permits. IX. SPECIAL CONDITIONS QF APPROVAL A. Sectional Planning Area(SPA) Plan As a condition to the approval of the SPA Plan amendments the applicant shall: 1. Provide a landscape buffer with an average width of 80 ft. and minimum dimension of 40 ft. along East "H" Street. This buffer area shall contain a 10 ft. wide recreation trail from the sewer access road to Paseo Del Rey and an eight ft. wide trail from the sewer access road to Del Rey Boulevard. Extend the proposed retaining wall and handrail, as determined by the City Engineer, to provide a minimum of eight feet (8') clear sidewalk width. The landscape buffer design is subject to approval by the ,-, director of Parks and Recreation and Planning Departments. 2. Include post and fence railing per CVDS standards, where necessary, along the recreational trail from Paseo Del Rey to Del Rey Boulevard. Resolution 18366 Page 8 3. Prepare, submit and obtain approval by the Director of Planning and Parks and Recreation Departments of all hiking and pedestrian trails design associated with this project. 4. Provide a minimum separation of ten feet from the street right of way to the recreational trails located along East "H" Street, except where physical constraints or ADA do not allow it. 5. Amend the Rancho Del Rey Planned Community District Regulations to include the following property development standards for Units 1,2 and 3: UNIT I UNIT 2 UNIT 3 · Min Lot Area (sq. ft.) 3,850 3,960 2,720 · Min Lot Width 0in. fi) Regular shape lot 55 44 32 Panhandle shape lot 25 25 n/a · Minimum Lot Depth 70 90 85 · Max Lot Coverage (%) 50 50 50 · Floor Area Ratio .60 .60 .70**** · Front Yard Setback (lin. ft.) (from public right of way) To garage 15 15 15 To Main Res 15 15 15 · Side Yard Setback (lin. ft.) To adj. res. lot 10/3 10/3 10/0'** Min. dist btwn units 10 10 20*** To adj. St. (cor. lot) 10 10 10 · Rear Yard Setback 15 15 15# · Max. Building Height 28 28 28 · Parking Spaces/Unit 2 car/gar 2 car/gar 2car/gar · Usable open space/lot (sq.ft.) 750* 750* 750* · private open Space/unit (percentage of lot area) 15%** 15%** 15%** · Guest Parking- on street Mot 1/lot I/lot *Usable open space for each typical three or four bedroom dwelling, either exclusive in private yards, or in combination of private yards, landscaped front yards and/or common areas. **Private usable fenced yard area shall be no less than 15 pement of the lot size with no dimension less than 10 feet. *** May be modified with site plan approval provided the dimension is not less than seven feet. 5' side yards may be allowed for no more than 10% of the total number of dwelling units. **** May be increased with site plan (Design Review) approval. # Rear yard setback may be reduced to ten feet (10') with site plan approval provided fifteen percent (15%) of the lot area is still provided as private open space. F~esolution 18366 Page 9 7. Prepare and submit 15 bound copies of the final revised SPA prior to approval of the first final map. 8. Design all Dwelling units to preclude interior noise levels over 45 dBA and all exterior private open space shield with solid masonry walls and or buildings to limit noise exposure to 65 dBA. 9. Provide a comprehensive fencing program incorporating the following fencing standards: a. Where privacy fences are installed directly over, or immediately adjacent to retaining walls, the overall wall/fence height shall not exceed 7 ft. Where higher retaining wall/fence conditions occurs, a four foot landscape transition strip between the wall and the fence shall be provided. b. Fences, retaining walls or a combination of both located within the required front setback area shall be limited to forty two inches in height (42"). c. Provide a design and install 5 ft. high decorative fences on along the exterior side yard of all corner lots. B. Tentative Subdivision Map Conditions Prior to approval of the final map unless otherwise indicated, the developer shall: GENERAL/PRELIMINARY I. Comply with all unfulfilled conditions of approval applicable to Phase 1 of the Rancho del Rey SPA III, Chula Vista Tract 90-02, Tentative Map established by Resolution No. 16222 approved by Council on July 30, 1991 II. Install public facilities in accordance with the Rancho del Rey SPA'S I, II, & III Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. If phasing is proposed within an individual map or through multiple final maps, Developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of each 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 developer shall provide said improvement facilities and/or dedications as determined to be necessary by the City 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. Resolution 18366 Page 10 STREETS, RIGHTS-OF-WAY AND IMPROVEMENTS 1. Design and construct all street improvements in accordance with Chula Vista Design Standards, Chula Vista Street standards, and the Chula Vista Subdivision Manual unless otherwise approved by the City Engineer. Submit for approval by the City Engineer improvement plans detailing horizontal and vertical alignment of said streets. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer and water utilities, drainage facilities, street lights, signs, and fire hydrants. 2. Construct or agree to construct prior to approval of the final map for each unit the construction of public street improvements deemed necessary to provide service to the subject subdivision in accordance with City standards. 3. Submit and obtain preliminary approval for proposed street names from the Director of Planning and City Engineer. Final approval of street names shall be by the Planning Commission. Dedicate to public use right of way for all streets shown on the Tentative map within the subdivision. 4. Street light locations shall be approved by the City Engineer. 5. Construct proposed 1 O-foot wide sidewalk along East "H" Street to meet American with Disabilities Act standards. 6. Modify existing traffic signal and median island at East "H" Street and Tierra del Rey to accommodate movements for the southerly extension of Tierra del Rey. Submit and obtain approval of the City Engineer for signal and median island modification and striping plans. 7. Construct a bus turnout at the southeasterly corner of East "H" Street and Tierra del Rey. Construct said bus turnout to meet City standards. 8. Present written verification to the City Engineer from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. 9. Provide temporary turnarounds for emergency vehicle access at all unit and/or phase boundaries to the satisfaction of the City Engineer and City Fire Marshal. 10. Remove portions within street rights of way and future residential Jots of existing storms drains to be abandoned. Method of abandonment for portion of storm drain to be abandoned shall be subject to approval by the City Engineer. 11. Provide paved access (minimum 12' width) to all public sewer manholes necessary to serve the subdivision. Design access road to accommodate H-20 wheel loads and maximum 15% grade to the satisfaction of the City Engineer. Resolution 18366 Page 11 12. Provide access from East "H" Street to the existing 15-foot wide SDG&E access road satisfactory to the City Engineer and SDG&E. Design the 10-foot sidewalk crossing at said access road to the satisfaction of the City Engineer. 13. Design all center line horizontal curves for Camino del Sol with minimum radii length of 200 feet. GRADING 14. Submit an hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. 15. Provide improved access to all storm drain clean outs or as approved by the City Engineer. 16. Submit and obtain approval by the City Engineer for an erosion and sedimentation control plan as part of grading plans. 17. Obtain and submit a letter of permission to grade within or adjacent to the 250-foot wide SDG&E easement prior to start of grading. 18. Extend the existing storm drain from the Otay Water District reservoir across the 15- foot wide SDG&E access road. 19. Show the location of existing cut/fill lines on grading plans unless otherwise approved by the City Engineer. 20. Provide a minimum 10' wide area with a maximum slope of 2% between the back of sidewalk and a wall or fence at the cul-de-sacs of Streets Plaza La Paz, Camino del Sol, Plaza Amistad, and along Camino del Rey. 21. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Planning Director. 22. Submit a preliminary list of proposed lots indicating whether the structure will be located on fill, cut, or a transition between the two situations prior to approval of grading plans and a final list with the final soils report. 23. Design grading to bring lots106/107,115,116/117,118/119,111/110,109, 34/35 of Unit 3 and lot 50 of Unit 1 into compliance with the retaining wall design criteria in SPA condition 9a through 9d. AGREEMENTS 24. Agree that the City may withhold building permits for the subject subdivision if any one of the following occur: Resolution 18366 Page 12 a. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. b. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. c. The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City Planning Director and Public Works Director, 25. Agree to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 26. Agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. ""'. 27. Agree to ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. When directed by the City, 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. 28. Agree to provide, prior to issuance of any building permits a noise study addressing noise impacts generated by major streets surrounding the project (East "H" Street/Paseo Ranchero). Developer shall take the necessary measures to preclude interior noise levels over 45 dBA and shield all exterior private open space with solid masonry walls and or buildings to limit noise exposure to 65 dBA. 29. Agree to provide the initial cycle of fire management/brush clearance in areas of the subject site adjacent to natural open space to the satisfaction of the Fire Marshal and the Director of Parks and Recreation Department prior to issuance of building permits, 30. Agree to install fire hydrants at every 500 ft and make them operable prior to delivery of combustible building materials. Exact location of fire hydrants shall be reviewed and approved by the Fire Marshall prior to installation. OPEN SPACE/ASSESSMENTS Resolution 18366 Page 13 31. Offer to grant in fee on each Final Map all open Space Lots within the subdivision. Prepare and record a grant deed for each open space lot. The minimum width of each open space shall maintain a 10-foot wide landscaping area behind the back of sidewalk. 32. Submit a list of all facilities located on open space lots to be maintained by the existing open space landscape maintenance district. This list shall include a description, quantity and unit price per year for the perpetual maintenance of all facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting structures, paths, access roads, drainage structures and landscaping. Only those items on an open space lot are eligible for open space maintenance. Each open space lot shall also be broken down by the number of acres of turf, irrigated, and non- irrigated open space to aid the estimation of a maintenance budget thereof. 33. Deposit funds with the City to process a change and modification to the Engineer's Report for Reassessment District of 1995 for Council approval. Obtain Council approval. Submit for Council approval said change and modification prior to first final map approval. Alternately, make payment to reduce the debt on the subject property as a result of lower density than assumed for the assessment district at the time of district. 34. Pay all costs associated with apportionment of assessments for all City assessment districts as a result of subdivision of lands within the boundary. Complete and submit application for apportionment and provide a deposit to the City estimated at $25 per unit to cover costs. 35, Prepare a disclosure form to be signed be the home buyer acknowledging that additional fees have been paid into the Assessment District, and that these additional fees are reflected in the purchase price of the home for those units which have a density change from that indicated in the assessment district's Engineer's Report. Submit disclosure forms for the approval of the City Engineer. 36, Prepare, submit and obtain design approval by the Director of Planning and Parks and Recreation Departments of a detailed design and development plan of all hiking and pedestrian trail connections associated with this project. 37. Provide a minimum separation of ten feet from the face of the curb to the sidewalk/recreational trail located along East "H" Street except where physical constraints as determined by the City Engineer and ADA requirements do not allow. 38. Submit and obtain approval of the usable open space facility located within the SDG&E easement by the Directors of Parks and Recreation and Planning Departments, Applicant shall design the usable open space areas to qualify for maintenance through open space maintenance district as follows: Usable open space shall include the following components: a. Turf/landscaping b. sidewalks/trails ""' ..........1 · lr Resolution 18366 Page 14 c. Benches and tables The following shall be excluded from usable open space areas: a. Picnic shelters b. Hard surface areas such as basket ball courts c. any other structure prohibited by SDG&E 39. Obtain authorization from SDG&E and develop the usable open space, as described above, within the power line easement. 40. Incorporate the usable open space located within the SDG&E easement into the project's open space maintenance district. 41. Include the location and treatment of all roads and recreational trails within the SDG&E easement and Otay Water District property in the final landscape and irrigation plans for the open space. 42. Install a minimum forty two inch (42") high decorative wall or railing along with landscaping where cul-de-sacs abut open space per Rancho Del Rey SPA III Fencing Design Guidelines. 43. Provide a minimum of ten feet wide landscaping strip along the eastern edge of the ""', project abutting Paseo Ranchero and a minimum of ten feet wide landscaping strip between curb and perimeter walls or edges abutting rights of way. 44. Submit detailed irrigation plans and water management guidelines for all open space landscaping in accordance with the Chula Vista Landscape Manual. The plans are subject to approval by the Director of Planning and the Director of Parks and Recreation Department. 45. Modify the Rancho Del Rey SPA III master landscape plan and water management guidelines to include the open space of the Project. Modifications shall be accordance with the Chula Vista Landscape Design Manual and submitted to the Parks and Recreation and Planning Departments for review and approval. 46. Provide a landscape buffer with an average width of 80 ft. and minimum dimension of 40 ft. along East "H" Street west of the SDG&E power line easement. This buffer area shall contain a 10 ft. wide recreation trail from the sewer access road to Paseo Del Rey and an eight ft. wide from the sewer access road to Del Rey Boulevard. Where necessary, include post and fence railing per CVDS standards except as modified by the Director of Parks and Recreation or Planning. EASEMENTS 47. Grant to the City a 10' wide easement for general utility purposes along East "H" Street frontage of the open space lots to be granted in fee to the City. Resolution 18366 Page 15 48, Grant on the associated final map a minimum 15' wide easement to the City of Chula Vista for construction and maintenance of storm drain facilities within Lots 1 O, 23,75 and 88 of Unit 1, Lots 54 and 86 of Unit 2. 49, Grant to the City a 5.5 foot wide street tree planting and maintenance easement along all public streets within the subdivision. MISCELLANEOU$ 50, Tie the boundary of the subdivision to the California System -Zone VI (NAD '83). 51. Submit copies of each final map and improvement plan 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 floppy disk prior to the approval of each Final Map. 52. Comply, implement and remain in compliance with the mitigation measures required by the Environmental Impact Report FEIR-89-10 and addendure which are hereby incorporated into this resolution by reference. Any measure not satisfied by specific condition of this resolution or by the project design should be implemented to the satisfaction of the Director of Planning. Mitigation Measures shall be monitored via Mitigation Measures Monitoring Program approved in conjunction with FEIR-89-10. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning should changes in circumstances warrant such revision. 53. Redesign lot lines to bring following lots into compliance with the above mentioned property development standards (SPA condition No. 5) and insure that the minimum lot width dimensions, as measured from the front setback line is maintained on all Cul- de-sacs and knuckle lots. (UNIT 1 ) WIDTH of regular lots 38 and 41 and knuckle lots 47-51,51-60, 108-110, 120, 125- 127 inclusive. DEPTH of lot 118. (UNIT 2) WIDTH of regular lots 46-48, 82-84,100,132 knuckle lots 7, 9, 19, 21, 92, 93, 94. DEPTH of lots 11-16 and 18. (UNIT 3) WIDTH of regular lots 26,90 and 105 knuckle lots 7-10, 28, 29, 36-39, 59-61. DEPTH of lots 30, 40, 41,84, 98, 115, 116 and 120. 54. Design all public sidewalks to comply and remain in compliance with the American Disability Act. "" .............1 Resolution 18366 Page 16 55, Provide a bond to be approved by the City, guaranteeing the construction of the community trails prior to approval of the first final map. 56. Prepare and submit to the satisfaction of the Director of Planning 15 bound copies of the final revised SPA prior to approval of the first final map. 57. Amend Section VI.8 of the Rancho Del Ray SPA III Sectional Planning Area (SPA) plan to incorporate specific architectural design criteria for all building elevations exposed to East "H" Street, Paseo Ranchero, internal Streets and open space. 58. Provide a tabulation of the square footage, lot widths and lot depths of all lots prior to approval with each final map. X CODE REQUIREMENT CONDITIONS OF APPROVAL 59. 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. 60, Developer shall apply for and receive, a take permit from the appropriate resource agencies or comply with an approved MCSP or other equivalent 10(a) permit as may be applicable to the property. 61. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 62. Pay the Spring Valley Trunk Sewer connection fees (9130/acre). 63. 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. SR-125 impact fee. Pay the amount of said fees in effect at the time of issuance of building permits. XI. 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, or further condition issuance of all future building permits, under the authority of approvals herein granted, institute and prosecute litigation to compel Resolution 18366 Page 17 their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. XII. 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, provision, or conditions are determined by a Court of competent jurisdiction top 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 Ro//~er~A. Leiter' Ann Y. Mo"~re i"7 '7'}_'f ,6~,~'_¢, 'L Director of Planning Acting City Attorney "" .......... T · I r Resolution 18366 Page 18 ! >( "4 .', i~': '~ .! .'i' "'i -~-, Resolution 18366 Page 19 Resolution 18366 Page 20 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of July, 1996, by the following vote: AYES: Councilmembers: Alevy, Rindone, Horton NAYES: Councilmembers: None ABSENT: Councilmembers: Padilia ABSTAIN: Councilmembers: Moot Shirley~lorton, Mayor ATTEST: Beverly A(Authelet, 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. 18366 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 16th day of July, 1996. Executed this 16th day of July, 1996. Beverly A/Authelet, City Clerk