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HomeMy WebLinkAboutReso 1990-15640 RESOLUTION NO. 15640 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENTATIVE SUBDIVISION MAP KNOWN AS CHULA VISTA TRACT 90-07 AND COMMUNITY DESIGN GUIDELINES FOR THE SUNBOW II PROJECT, LOCATED SOUTH OF TELEGRAPH CANYON ROAD, ADJACENT TO THE CHULA VISTA MEDICAL CENTER, EAST OF GREG ROGERS PARK The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Rancho Del Sur Partnership has submitted a tentative subdivision map known as Chula Vista Tract 90-07, Sunbow II, in order to subdivide approximately 602 acres into lots for Single and Multiple-family Residential, Commercial, Community Recreation, Industrial Park, candidate Elementary School site and Open Space, and WHEREAS, also submitted for consideration and adoption is the Sunbow II Community Design Guidelines; - a design manual whose purpose will be to guide the design of future site plans, architecture and landscape architecture within the Sunbow II Planned Community, and WHEREAS, the property, which is located south of Telegraph Canyon Road adjacent to the Chula Vista Medical Center, was annexed to the City of Chula Vista after a public hearing at the City Council on February 20, 1990, and WHEREAS, the required public hearings at the Planning Commission and the City Council on the Sunbow II General Plan, Zone Change, SPA Plan and Environmental Impact Report have been concluded, and WHEREAS, all plan approvals and certification of the EIR have been duly adopted by the City Council at the recommendation of the Planning Commission, and WHEREAS, the City Environmental Coordinator has reviewed the proposed Tentative Map and Design Guidelines and determined that they are in conformance with the SPA Plan, therefore, no separate environmental review would be necessary, and WHEREAS, on April 25, 1990, the Planning Commission voted 5-0 to recommend that Council approve the proposal in accordance with Resolution PCS-90-O7/PCM-90-O1. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the tentative subdivision map for Sunbow II, Chula Vista Tract NO. PCS-90-07 and Sunbow II Community Design Guidelines, PCM-90-O1 based on the following findings: Resolution No. 15640 Page 2 Pursuant to Section 66473.5 of the Subdivision Map Act, the tentative subdivision map for Sunbow II, Chula Vista Tract 90-07, is found to be in conformance with the various elements of the City's General Plan based on the following: 1. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. 2. The design of the subdivision will not affect the existing improvements, streets, sewers, etc., - which have been designed to avoid serious problems. 3. The project is in substantial conformity with the Chula Vista General Plan Elements as follows: a. Land Use - The project is consistent with the adopted Sunbow II General Development Plan and SPA Plan, which, in turn, conform to the Chula Vista General Plan. The residential dwelling unit total of 1946 units is at the mid-range of the residential units permitted here by the General Pl an. b. Circulation - The project will be served by public streets which conform to City standards, and which are listed in the City General Plan Circulation Element. All on-site and off-site improvements will be installed in accordance with the Public Facilities and SPA Plan for Sunbow II. c. Housing The project will provide housing by type and residential density, consistent with City General Plan and Sunbow II SPA Plan designations. d. Conservation - No cultural resources have been found on the site. Sensitive biological resources identified in Environmental Impact Report are being protected according to all the prescribed mitigation measures, special attention being paid to the long-term preservation of Poggi Canyon. e. Park and Recreation, Open Space - Approximately 180 acres {30 percent) of the site is dedicated to permanent open space. This is greater than the area shown in the City General Plan. A 10 acre Community Recreation Center comprising active and passive recreation uses will be dedicated to the City as part of an in-lieu-of park fees agreement. This facility will assure provision of much needed recreation facilities in this geographical location. f. Seismic Safety - A fault trace known as the La Nacion fault has been identified, and it crosses over mostly open space designated areas on the site. All construction and building setbacks in the proximity of, or adjacent to this fault, shall be subject to the recommendations of a qualified geologist. Resolution No. 15640 Page 3 g. Safety - A new fire station is planned to be built within the Sunbow development. This will permit properly equipped units to respond to 85% of all emergency calls within 7 minutes. Fire hydrant spacing, and water pressure requirements will meet the standards set by the City. Police response times are within the threshold standard. h. Noise Final development plans and grading plans will be required before a site-specific acoustical analysis can be prepared by the applicant to determine specific mitigation measures which must be applied for residential areas with potential noise levels over 65 dBA. Very few areas are potentially impacted; e.g. the facades of buildings adjacent to portions of Medical Center Drive and Naples Street could range up to 69 dbA CNEL. i. Scenic Highway - East Orange Avenue traverses Poggi Canyon which forms part of a scenic corridor. Almost all of the 180 acres of permanent open space which will be publicly dedicated in Sunbow II lies in this location. Additional open space dedication and landscaping will occur adjacent to the Telegraph Canyon Road scenic corridor. j. Bicycle Routes - City and County staff are working together to locate on-street and off-street bicycle lanes and pathways along East Palomar Street and East Orange Avenue. In both these locations, there are sufficient rights-of-way for the implementation of either on-street or vehicular-separated bicycle travel options. k. Public Buildings - The project will be incorporated into an established Mello-Roos District in order to provide for adequate school facilities. The Community Recreation Center building will also become a public facility which incorporates recreation uses and community meeting rooms. BE IT FURTHER RESOLVED that said tentative map and community design guidelines are subject to the following conditions: 1. a. The property owner shall be responsible for the construction of full street improvements for all the public streets shown on the Tentative Map within the subdivision boundary and for the construction of necessary off-site improvements as identified in the Sunbow Public Facilities Financing Plan (SPFFP) and EIR. Street "NN" shall be constructed to Industrial Street Standards. b. Said improvements shall include, but not be limited to, asphalt concrete pavement and base, concrete curb, gutter and sidewalk, sewer, water and drainage facilities, street lights, traffic signs, fire hydrants, transitions to existing improvements, traffic signals, street trees and bike lanes as required to meet City standards for street sections. Resolution No. 15640 Page 4 c. All streets shall conform to the City's Street Design Standards Policy unless otherwise approved by the City En9ineer. 2. The property owner shall acqui re and convey easements for all off- site, streets, public storm drains and sewers prior to approval of the Final Map. 3. All work within the public right-of-way shall be done in accordance with the current editions of Standard Specifications for Public Works Construction, the San Die9o Area Regional Standard Drawings and the Desi9n and Construction Standards of the City of Chula Vista. All desi9n shall conform to City of Chula Vista Subdivision Manual (edition in effect at time the tentative map is approved), the current Standard Drawings, and the Street Design Standards Policy (1989). 4. The property owner shall notify the City at 1 east 60 days prior to consideration of the Final Map by City if offsite right of way cannot be obtained as required by the Conditions of Approval. (Only offsite ri9ht of way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition). After said notification, the owner shall: a. Pay the full cost of acquirin9 offsite 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 En9ineer. c. Have all easement and/or right of way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedin9s. d. If the developer so requests, the City may use its powers to acquire ri9ht of way, easements or licenses needed for offsite improvements or work related to the tentative 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 approval of the Final Map. All offsite requirements which fall under the purview of Section 66462.5 of the State Subdivision Map Act will be waived if the City does not comply with the 120 day time limitation specified in that section of the Act. 5. The property owner may be reimbursed from the DIF, or from applicable reimbursement districts as they may be formed in the future, for offsite ri9ht-of-way or easements necessary to complete improvements required by the DIF program or reimbursement districts. Resolution No. 15640 Page 5 6. An erosion and sedimentation control plan shall be prepared as part of the grading plans. 7. The property owner shall comply with all relevant Federal, State and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 8. The property owner shall guarantee the construction of all interior public improvements required for development of any unit of development prior to approval of the Final Map for said unit. 9. Prior to Final Map approval, the property owner shall enter into an agreement with the City whereby: a. The property owner agrees that the City may withhold bull ding permits for any units in the subject subdivision if any one of the following occur: 1. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. 2. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards. b. The property owner agrees that the City may withhold occupancy permits for any of the phases of development identified in the Sunbow Public Facilities Financing Plan (SPFFP) if the required public facilities, as identified in the SPFFP or as amended by the Annual Monitoring Program have not been completed. The property owner may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the SPFFP may be amended as approved by the City Planning Director and Public Works Director. Phase Facilities Needed* l'~ l, 2, 3, 4, 5, 6, 25 (See Table I for 1B 7, 9 description of 1C 10 each facility) IIA 11, 12, 13 IIB 12A III 14, 15 * Facilities shall be guaranteed prior to approval of Final Map for the corresponding phase and completed prior to issuance of occupancy permits for each corresponding phase. Resolution No. 15640 Page 6 TABLE I Facility Description 1 Medical Center Drive - construct four-lane Collector Medical Center Court to East Palomar Street 2 Medical Center Drive construct Class I Collector - East Palomar Street to Brandywine Avenue 3 East Palomar Street - striping - 1-805 to Oleander Avenue 4 East Palomar Street - construct four-lane Major one lot east of Oleander Avenue to Medical Center Drive 5 Telegraph Canyon Road widen to six-lane Prime Arterial Oleander Avenue to eastern SPA boundary 6 Telegraph Canyon Road widen the north side to provide four westbound travel lanes from 1-805 northbound on-ramp to a point easterly of Halecrest 7 East Orange Avenue construct five lanes of a six-lane Major - Oleander Avenue to Medical Center Drive. 9 East Palomar Street construct four-lane Major Medical Center Drive to limit of Phase IB development lO East Palomar Street - construct four lane major - from Phase IB development to Paseo Ladera ll East Palomar Street construct four lane Major from Paseo Ladera to eastern SPA boundary 12 Paseo Ladera construct four-lane Collector Telegraph Canyon Road to East Palomar Street 12a Installation of Traffic Signal at East Palomar Street and Paseo Ladera 13 Telegraph Canyon Road and 1-805 - Install a traffic signal at southbound ramp and widen the southbound on/off ramp to accommodate the dual left turn lanes to southbound 1-805 14 East Orange Avenue improve one-half width of a six-lane Prime Arterial from Medical Center Drive to east SPA boundary 15 Telegraph Canyon Road and 1-805 - widen south side of Telegraph Canyon Road under the 1-805 overcrossing to provide a third eastbound through lane and restripe/widen the northbound off ramp to provide two north bound to eastbound right turn lanes. Resolution No. 15640 Page 7 25 Construct off-site sewer to serve Poggi Canyon Basin lO. Prior to Final Map Approval: a. The property owner shall agree to not protest formation of a district for the maintenance of lighting and landscaped medians and parkways along streets within and adjacent to the subject property. b. The property owner shall agree to not protest formation or inclusion in an Open Space District. c. The property owner shall agree to not protest formation or inclusion in a district for the maintenance of the Telegraph Canyon drainage channel. d. The property owner shall agree to not protest formation or inclusion in a district for the maintenance of Poggi Canyon drainage facilities. e. The property owner shall agree to not protest formation or inclusion in a sewer reimbursement district. ll. An improved access road with a minimum Width of 12 feet shall be provided to sanitary sewer manholes. The roadway shall be designed for an H-20 wheel load or other loading as approved by the City Engineer. Compacted decomposed granite may be used for access roads in Poggi Canyon. 12. Graded access shall be provided 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. 13. Lot lines shall be located at the top of slopes except as approved by the City Engineer. Lots shall be so graded as to drain to the street or an approved drainage system. Drainage shall not be permitted to flow over slopes. 14. The boundary of the subdivision shall be tied to the California Coordinate System - Zone VI (1983). 15. All vertical curves and intersection corner sight distance requirements shall conform to the requirements in the CalTrans Highway Design Manual. 16. The property owner shall provide access on an equal basis to and upon individual lots for all franchised cable television companies. 17. Prior to Final Map approval, the property owner shall enter into an agreement with the City wherein the City is held harmless from any liability for erosion, siltation or increased flow of drainage resulting from this project. Resolution No. 15640 Page 8 18. The property owner shall be responsible for the construction of street, sewer, drainage, etc., improvements as outlined in the Public Facilities Financing Plan for Sunbow. 19. East Palomar Street, East Orange Avenue, and Medical Center Drive are designated bike routes in the Circulation Element of the General Plan. Accordingly, property owner shall provide the necessary signs and markings to effect the bicycle plan as required by the City Engineer. 20. The property owner shall be responsible for obtaining adequate off-site right-of-way and for construction of off-site improvements, from the southerly end of Medical Center Court to the subdi vision boundary as determined by the City Engineer. 21. The property owner's obligation to improve or parall el the existing Poggi Canyon Trunk Sewer segments which exceed design capacity due to flows from this development shall include an oversizing of or paralleling of existing sewer lines as may be necessary to accommodate the ultimate projected flow from areas tributary to the Poggi Canyon sewer basin, and the flow as diverted from the Palm Canyon basin. The property owner may request the formation of a reimbursement district and a reimbursement agreement in accordance with Chapter 15.50 of the Municipal Code. 22. The property owner shall obtain permission from the City to deposit sewage in a foreign basin prior to approval of any Final Map. The permission shall be in the form of an agreement whereby the City shall agree to such transfer. 23. Prior to Final Map approval, the property owner shall enter into an agreement whereby the property owner agrees to: a. Fund a study for the preparation of a Poggi Canyon Sewer Basin Improvement and Financing Plan. Said Basin Plan shall provide (1} an estimate of the ultimate sewage flows; {2) the necessary additions to the existing sewer system to provide adequate capacity for said flows; (3) a method to fairly allocate the cost for providing the needed improvements; (4) a method for reimbursement to developers providing sewer improvements as outlined in the Basin Plan. funds provided by property owner for preparation of the Basin Plan shall be subject to reimbursement from fees as may be established by said Basin Plan. b. Participate in funding of the necessary facilities to provide downstream sewer capacity in the Main Street and Date-Faivre trunk sewers for those sewer segments which this development causes to exceed City design capacity standards. The property owner may request the formation of a reimbursement district and a reimbursement agreement in accordance with Chapter 15.50 of the Municipal Code. Resolution No. 15640 Page 9 c. Provide appropriate security to guarantee the ability to restore the trunk sewers' reserve capacity to a level and condition that would otherwise exist but for sewage diverted into the Poggi Basin by the Sunbow project. Said security may be waived if the property owner can demonstrate to the satisfaction of the City Engineer that the cost of improvements constructed by the property owner is equal to or greater than the total of {1) the fair cost responsibility for necessary improvements as determined by the Basin Plan and {2) the cost of improvements necessary to restore the reserve capacity. 24. The property owner shall enter into an agreement with the City whereby the property owner agrees to participate in the monitoring of existing sewage flows in the Telegraph Canyon Trunk Sewer and the financing of the preparation of the Basin Plan and, pursuant to any adopted Basin Plan, agree to participate in the financing of improvements set forth therein, in an equitable manner. Said agreement shall be executed by the property owner prior to Final Map approval. 25. East Palomar Street shall maintain minimum curve radii of llO0' east of Oleander Avenue unless otherwise approved by the City Engineer. 26. Juniper Street shall terminate in a modified knuckle at the intersection with Laurel Avenue. The developer shall be responsible for improvements to the satisfaction of the City Engineer. 27. The minimum cul-de-sac and knuckle frontage shall be 35' at the property line, unless approved by the City Engineer and Director of Planning. 28. Open Space areas which are to be maintained by an open space district shall be granted to the City in fee. 29. A lot line adjustment for Lots 1 through 3 of Unit 1 shall be processed in conjunction with approval of the Final Map for Unit 1. 30. The maximum grade along Paseo Ladera shall not exceed 8%. 31. Access rights to Rancho del Sur, Phase 1, Unit 1 of Map 12060 from Unit 12 shall be relinquished. Emergency access shall be pennitted as determined by the City Engineer. 32. Where existing buildings are located near proposed manufactured slopes, the soil engineer shall determine building setbacks from the slope. Prior to issuance of a grading permit, the soil s engineer's recommendations shall be incorporated into the soils report. 33. Sight visibility easements shall be granted as necessary to comply with the requirements in the CalTrans Highway Design Manual. Resolution No. 15640 Page lO 34. East Orange Avenue shall be constructed to the easterly subdivision boundary unless a shorter distance is approved by the City Engineer. 35. Building setbacks from the La Nacion fault shall be as recommended by a qualified geologist. 36. The soil report shall be amended to provide recommendations relative to building setbacks. The amendment shall be provided prior to issuance of a grading permit and final recommendations provided prior to issuance of any bull ding permits. 37. The location of street entries and major entries for multi-family projects to public streets shall be approved by the City Engineer. 38. All streets within the multi-family developments shall be private. Detailed horizontal and vertical alignment of the centerline of said streets shall be reflected on the improvement plans for said developments. Design of said streets shall meet the City standards for private streets. 39. All subdivisions proposing private streets with controlled access devices, such as gates, shall contain the following features: a. Gates shall be approved by the City Engineer. Gates shall be located to provide sufficient room on the private roadway to queue without interrupting traffic on public streets. b. A turn around shall be provided at the location of the gate. The size and location of said turn around shall be approved by the City Engineer. c. the border between public street and private street shall be delineated through the use of distinctive pavement. d. Provisions shall be made for emergency vehicle access. 40. All the streets shall be dedicated as shown on the subject Tentative Map except Street "NN" which shall be dedicated to Industrial Street Standards. Detailed horizontal and vertical alignment for said streets shall be reflected on the improvements plans for the subject subdivision or any unit thereof. Design of said streets shall meet all City standards for public streets. 41. At the intersection of East Palomar Street and Street "YY", no left-turn movements shall be allowed onto East Palomar Street. 42. The property owner shall be responsible for installation of a traffic signal at the intersection of East Orange Avenue and Medical Center Drive prior to approval of Final Map of Unit 19. Said improvements may be included in the Transportation DIF program in the future. Resolution No. 15640 Page ll 43. The property owner shall be responsible for ensuring that stormwater discharge flows do not exceed predevelopment flows for a 50 year design storm. 44. The curve radius of the access to the school site (Street "AA" to the intersection with Street "RR") shall meet or exceed the requirements for a Class 3 collector. Deviation from this Standard may be approved only if it can be demonstrated by a registered civil engineer that the City Standards are not reasonably achievable. Any deviation must conform with common engineering practice and standards in consideration of public safety. 45. Prior to issuance of a grading permit for areas draining to the detention basin at the southerly boundary, the developer shall guarantee maintenance of the basin until such time as final grading for each basin has been completed and the City, through the Open Space Maintenance District, accepts the maintenance responsibility for said basins. The City may accept responsibility for each basin separately. 46. Prior to approval of any Final Map which includes a portion of East Orange Avenue or East Palomar Street, the property owner shall submit plans demonstrating the feasibility of the extension of said streets. 47. The proposed sewer main and associated manholes shall not be located in the raised medians. 48. The construction of stormwater detention basins in the Poggi Canyon Drainage Basin shall be phased with the development of the southern portion of the Sunbow project, and the construction of East Orange Avenue. All costs associated with the construction shall be initially borne by the property owner. Should a drainage improvement district be formed at a later date to accommodate upstream flows, excess capacity provided by Sunbow may be reimbursed from the drainage district. 49. Underground traffic signal equipment and traffic signal standards shall be installed at the following intersections: a. Paseo Ladera and Telegraph Canyon Road b. Medical Center Drive and Medical Center Court c. East Palomar and Medical Center Drive d. East Palomar and Paseo Ladera Mast arms, signal heads and associated equipment shall not be installed unless approved by the City Engineer. 50. Interconnect conduit, pull boxes and pull rope shall be installed to connect the following intersection signal systems: Resolution No. 15640 Page 12 a. Telegraph Canyon Road/Paseo Ladera to Telegraph Canyon Road/Medical Center Drive b. Paseo Ladera/East Palomar to Medical Center Drive/East Palomar c. Medical Center Drive/East Palomar to Medical Center Drive/Telegraph Canyon Road d. Medical Center Drive/East Palomar to Medical Center Drive/Oran9e Avenue 51. Striping plans shall be submitted for the followin9 streets: Paseo Ladera, Medical Center Drive, East Palomar, East Orange Avenue, Street "j". Striping plans shall be approved in conjunction with improvement plan for said streets by the City Traffic Engineer. 52. The property owner shall grant the City l' control 1 ots adjacent to the following streets a. East end of East Palomar Street b. East end of East Orange Avenue 53. The property owner shall submit "as bull t" improvement and storm drain plans as required by the City Subdivision Manual. Additionally, the property owner shall provide the City said plans and all final maps in DXF file format. 54. Prior to approval of any building permits for single family - residential use, the developer shall submit a list of proposed lots indicating whether the structure will be located on fill, cut, or a transition between the two situations. 55. The property owner shall 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 Ordinances and Manual. 56. The proposed Fire Station site, Lot "X", located south of Unit 2, Planning Area 13, is required to meet City criteria for fire station design and layout. The lot size will be at least 1 acre with a minimum usable area of .80 acre, or modified to the approval of the Fire Chief. 57. Fire hydrants shall be required at maximum 500 ft. spacin9 subject to review and approval of the Fire Marshall. Main pressure shall not exceed 150 psi, and residual pressure shall be 20 psi. 58. Fire hydrants to be installed, tested and operational prior to any combustible materials placed on site; 1000 9pm for sin91e family development; fire flow for multi-family dwellings based on construction type and square footage (1988 UFC, Appendix III-A; commercial to be determined. Roadway access for fire apparatus shall be provided to coincide with construction. Fire department requires minimum turning radius of 40 feet in order to turn fire apparatus. Resolution No. 15640 Page 13 59. Prior to Final Map approval, a site-specific acoustical analysis shall be prepared and submitted to the City Environmental Coordinator. Acoustical barrier section as well as housing construction and design for any residential areas identified within a 65 dBA contour or greater shall be subject to review and approval by the Chula Vista Building Director to ensure interior noise limits of 45 dBA. In addition, the Planning Director shall review and have approval authority for barrier and/or building design to ensure line of site acoustical protection for all exterior areas subject to 65 dBA contours or greater. 60. Retaining walls shall have a maximum height of 7.5 ft., or be otherwise approved by the Director of Planning. The restrictions on retaining walls shall be included with the CC&R's. 61. The City may require a street guardrail to be placed by the developer along the south edge of East Orange Avenue, and, a protective fencing system may be installed around the water retention basins in this area. The final designs and types of construction materials shall be subject to approval of the Director of Planning and City Engineer. 62. Walls and fences shall be constructed per the wall and fencing plan shown in the SPA Plan, adjusted accordingly in their placement, due to tentative map site planning refinements. 63. All open space lots adjacent to public rights-of-way shall maintain a minimum width so as to provide 10 feet of landscaping treatment behind the back of sidewalk, or as otherwise approved by the Director of Planning. 64. Boundary separation of open space lot Lot "F", Unit 1, from Greg Rogers Park property, will follow the eastern edge of the service road which coincides with the sewer easement in this vicinity. 65. The disturbance and loss of vegetation due to grading in the vicinity of Greg Rogers Park and the Chula Vista Boys and Girls Club, will be replaced and relandscaped to the approval of the Director of Parks and Recreation. 66. Overlook areas for Poggi Canyon (Lot "K"), located at south terminus of Street "J", south terminus of Street "S", south terminus of Paseo Ladera and the south terminus of Street "AA", shall be designed and constructed to the approval of the Director of Parks and Recreation. 67. In exchange for the development, and dedication by the developer to the City of a Park and Recreation complex, which is subject to the approval of the Director of Parks and Recreation as described in the Sunbow II SPA Plan and Public Facilities Financing Plan, all Park Acquisition and Development {PAD) fees shall be waived. (Refer to Sunbow II SPA Plan and Public Facilities Financing Plan documents). Resolution No. 15640 Page 14 68. Applicant shall request annexation to Open Space District 18. Open space areas which are to be maintained by an open space district shall be dedicated to the City in fee title. Landscape maintenance of this open space shall be accomplished by the developer or homeowners association for a minimum period of one year, which may be extended, until such time as accepted into the open space maintenance district by the Director of Parks and Recreation and City Landscape Architect. Lot "DD" and adjacent off-site graded areas shall be landscaped by the developer and maintained by the developer or homeowners association until such time as the entire area can be added to the open space district, subject to acceptance by the Director of Parks and Recreation and City Landscape Architect. 69. For walls which are located within the open space maintenance district, owners of adjoining lots shall sign a statement when purchasing their homes that they are aware that the wall is on City property and that they may not modify or supplement the wall or encroach onto City property. These restrictions shall also be reflected in the CC&R's for each lot. 70. Prior to Final Map approval landscape and irrigation plans, erosion control plans, and detailed water management guidelines for all landscape irrigation including all open space lots, shall be submitted and subject to review and approval of the City Landscape Architect and Director of Parks and Recreation. The landscaping format within the project shall be to emphasize native, drought-resistant plant material. Excluded from the requirement are active recreational areas. Exceptions can also be made for areas where reclaimed water is exclusively used. 71. Water pipe shall be placed within the project to accommodate reclaimed water use on site in accordance with plans approved by the Otay Water District and the City Engineer. 72. Developer shall provide on-site infrastructure to accept and to use reclaimed water, when it is available, from the appropriate district to use such water for park and parkway landscaping and the proposed park pond. 73. As needed by the City, developer shall provide access to open space areas for maintenance and fire protection. Prior to Final Map adoption, adequacy and placement of such access shall be approved by the City Fire Marshall and Director of Parks and Recreation. 74. Prior to Final Map approval, the open space trail system and adjacent landscaping shall be mapped, and be subject to the approval of the Director of Parks and Recreation. 75. Slopes on the south side of the future Palomar Street extension, just east of Oleander Avenue, which face onto the street, shall be included in Open Space District 18. (Flair Banks - presently Park lands). Resolution No. 15640 Page 15 76. Telegraph Canyon Road medians (and parkways), as identified in the Sunbow Public Facilities Financing Plan, shall be included in Open Space District 18. 77. Developer shall provide for clear visual and physical separations wherever open space district areas interface with: Privately maintained areas school district maintained areas fire department maintained areas industrial park maintained areas Parks division maintained areas areas maintained by other public agencies any and all other contiguous properties Said separations or delineations may be theme walls, fencing, etc. The Director of Parks and Recreation shall approve the design of all said separations. 78. Open Space District-maintained street frontage landscaping should not be extensions of the front yards of residences. 79. Turnover of maintenance of open space areas to the City will be withheld until all encroachments and dumping issues (construction and otherwise), which may occur during construction and landscape maintenance by the developer are rectified by the developer, to the satisfaction of the Director of Parks and Recreation. 80. The Final Map shall indicate the area acreage for all open space lots. 81. The developer shall ensure that prospective purchasers sign an assessment disclosure statement fully explaining the fact they are in a special open space district, and what the projected assessments are anticipated to be, both in the near future and at ultimate subdivision build out. 82. Brow channels and ditches emanating from and/or running through City Open Space shall not be routed through private property and vice versa. 83. All utilities which service open space shall be located within City open space or within dedicated City right-of-way. 84. Prior to Final Map approval, the developer shall prepare an affordable housing program, acceptable to the Community Developer Director, having an established goal of providing 5% of total approved dwelling units for low income and 5% moderate income. 85. The 16 inch water line located south of East Palomar Street, along the western property boundary of Unit 2, Planning Area 13, shall be rel ocated, if necessary, per the requirements of the Otay Municipal Water District. Resolution No. 15640 Page 16 86. All development within the subdivision boundary shall be done in compliance with the Sunbow Mitigation Monitoring Program. 87. The following statement shall be placed on the Final Map: "Please be advised that the City of Chula Vista intends to adopt a Growth Management Element, Transportation Phasing Program, and other related growth management implementation programs, which may regulate the location and timing of development in the City. The City intends that development of property included in the Final Map will be subject to the provisions of these programs. Owners listed on this map shall be responsible for providing notification to any purchaser or successor in interest to any portion of this property of the City's intent in this regard". 88. Concurrent with the recordation of any final map for Sunbow II, the developer shall submit an irrevocable letter of dedication to the City of the 10 acre park site (Unit 15, Planning Area 9). Thereafter, the City may exercise the option to accept this dedication at any time of its choosing, The dedication does not alter in any way all the other conditions of approval relative to the turnkey status of the Community Recreation Center, Olympic Swimming Pool and Park facility as detailed in the Sunbow II Public Facilities Financing Plan. 89. Multiple final maps can be approved on the tentative map being considered, prior to the expiration of the tentative map, pursuant to Government Code Section 66456.1. Before recordation of any final map for any unit, the provision of all facilities affecting the Phase (as defined in the Public Facilities Financing Plan) of which the unit is a part shall be guaranteed in accordance with the timing and other requirements of the Public Facilities Financing Plan. In addition, all agreements required pursuant to the conditions of approval for this tentative map, the Sunbow II SPA Plan or Sunbow II General Development Plan which relate to any unit, to the satisfaction of the Director of Planning and City Engineer shall be executed by Sunbow prior to approval of the final map. All such conditions or facilities shall be completed prior to issuance of occupancy permits, according to the conditions listed in the Sunbow II Public Facilities Financing Plan. This condition is not intended to, nor shall it permi t, the filing of a master final map, unless approved by the City Engineer, wherein each unit or phase is shown as a single lot for future sale or financing purposes. Presented by Approved as to form by Robert A. Leiter D. Richard Rudolf ~ Director of Planning Assistant City Attorney Resolution No. 15640 Page 17 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day of May, 1990 by the following vote: AYES: Councilmembers: McCandliss, Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: Malcolm ABSTAIN: Councilmembers: None ATTEST: Beverly A7 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. 15640 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 22nd day of May, 1990. Executed this 22nd day of May, 1990.