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HomeMy WebLinkAboutReso 1991-16222 RESOLUTION NO. 16222 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TENTATIVE SUBDIVISION MAP FOR RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) III, CHULA VISTA TRACT 90-02 WHEREAS, a duly verified application for a tentative subdivision map was filed with the Plannin9 Department of the City of Chula Vista on November 8, 1989 by Rancho del Rey Partnership; and, WHEREAS, said application requested the subdivision of approximately 405 acres into residential lots, open space areas, a school lot, park and community purpose facility lot; and, WHEREAS, the Planning Commission held an advertised public hearin9 on said project on May 8, 1991, and continued to May 22, 1991; and, WHEREAS, the City Council set the time and place for a hearin9 on said tentative subdivision map application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 300 feet of the exterior boundaries of the property at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m., June 18, 1991, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and, WHEREAS, the City Council recertified EIR-89-10, with Statement of Overriding Considerations, and associated Mitigation Monitoring Program for Rancho del Rey SPA III. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL finds as follows: Pursuant to Section 66473.5 of the Subdivision Map Act, the tentative subdivision map for Rancho del Rey Sectional Planning Area (SPA) III, Chula Vista Tract no. 90-02, 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 any serious problems. Resolution No. 16222 Page 2 3. The project is in substantial conformance with the Chula Vista General Plan Element as follows: A. Land Use - The project is consistent with the General Plan, E1 Rancho del Rey Specific Plan and the SPA III Plan which designates the property PC -Planned Community, with a variety of land uses and residential densities. B. Circulation - All of the on-site and off-site public streets required to serve the subdivision are consistent with the circulation element of Chula Vista General Plan and the circulation proposed within the E1 Rancho del Rey Specific Plan. Those facilities will either be constructed or in-lieu fees paid in accordance with the Rancho del Rey SPA III Public Facilities Financing Plan. C. Housing A low and moderate housing program with an established goal of 54 low and 54 moderate will be implemented subject to the approval of the City's Housing Coordinator. Computation of the satisfaction of this condition will include the entire E1 Rancho del Rey Specific Planning Area. D. Conservation and Open Space - The project provides 148.3 acres of open space, 364 of the total 404.9 acres. Grading has been limited on hillsides and grading plan approval will require the revegetation of slopes in natural vegetation. Approval of EIR-a9~10 included the adoption of a mitigation monitoring program outlining the mitigation measures required for project impacts on geology, soils, biology, air, water, cultural resources, land form, transportation and utility sources. E. Parks and Recreation - The project will be responsible for the improvement of the 10 acre net neighborhood park and payment of PAD fees or additional improvements as approved by the Director Parks and Recreation. In addition, a trail system will be implemented through the south leg of Rice Canyon, connecting with other open space areas. F. Seismic Safety - The Rancho del Rey site is crossed by the La Nacion Fault Zone which has one prominent fault, running north to south. with other potential traces. The mitigation monitoring program adopted with EIR-89-10 provides for measures to be taken to mitigate the impacts of development in association with the fault zone. G. Safety - The site will be within the threshold response times for fire and police services. The project will increase the need for additional personnel, however, the City is planning Resolution No. 16222 Page 3 to meet that need with additional revenues provided by this project. H. Public Facilities Element ~ This project is obligated in the conditions of approval to provide all on-site and off-site facilities necessary to serve this project. In addition to that, there are other regional facilities which this project ( together with SPAs I and II) is contributing to, including a public library site, fire station site, and fire training facility site. The subdivision is also contributing to the Otay Water District's improvement requirements to provide terminal water storage for this project as well as other major projects in the eastern territories. I. Noise - The units will be required to meet the standards of the UBC with regard to acceptable interior noise levels. J. Scenic Highway - The project does not affect this element of the General Plan. K. Bicycle Routes - Bicycle paths are provided along Telegraph Canyon Road, East "H" Street and Paseo Ranchero Road as shown in the Circulation Element. L. Public Buildings - No public buildings are planned for the site. The project shall be subject to RCT and DIF fees. 4. Pursuant to Section 66412.2 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 senior housing. In addition, the addressment to providing a percentage of low and moderate priced housing is in keeping with regional goals. 5. The configuration, orientation and topography of the site partially allows for the optimum siting of lots for passive or natural heating and cooling opportunities. BE IT FURTHER RESOLVED THAT THE TENTATIVE SUBDIVISION MAP for Rancho del Rey SPA III, Chula Vista Tract 90-02, is approved subject to the following conditions: Resolution No. 16222 Page 4 General/Preliminary 1. The Public Facilities Financing Plan shall be followed with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. In addition, the sequence in which improvements are constructed shall correspond to any future East Chula Vista Transportation Phasing Plan adopted by the City. The City Engineer and Planning Director may at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 2. All mitigation necessary to avoid significant effects itemized in the Mitigation Monitoring Program for Environmental Impact Report EIR-89-10 as required prior to Final Map approval, are hereby incorporated as conditions of approval. The Director of Planning may modify the sequence of mitigation at his discretion should changes warrant such a revision. 3. The developer shall comply with the Community Purpose Facility Ordinance. The areas proposed to show compliance with said ordinance shall be provided prior to approval of the first final map. Areas of consideration for qualification must be within the areas of SPAs I, II or III. Amendment to the E1Rancho del Rey Specific Plan and Sectional Plan Areas may be necessary to accomplish compliance. 4. Prior to final map approval for Phase 1, a Precise Plan shall be approved by the City Council detailing the development of the Specialty Housing project. The precise plan shall include but is not limited to: detailing the density of the various portions of the project; identifying the amount of recreational and open space facilities; detailing the financial arrangements available to proposed tenants; identifying the age limits and any income requirements of tenants; and showing the percent of the project for sale or rent, Streets, Riqhts-of-Wav and Improvements 5. Prior to any final map approval for Phase 2 or 3 or any unit thereof, the developer shall obtain all necessary right-of-way for the construction of the unimproved off site portion of East "j" Street west of Paseo Ladera, from River Ash Drive to Red Oak Place. 6. The developer shall construct the unimproved off site portion of East "J" Street west of Paseo Ladera, from River Ash Drive to Red Oak Place, to a Class II Collector Standard, except that the 5 foot sidewalk may be asphalt concrete instead of portland cement concrete, The construction of these improvements shall be guaranteed prior to final map approval for Phases 2 or 3 or any unit thereof. The subdivider may request the formation of a reimbursement district for these off-site improvements in accordance with section 15.50 of the Municipal Code. Resolution No. 16222 Page 5 7. The developer shall request the vacation of that portion of Paseo Marguerita as necessary to accomplish the design as shown on the tentative map. Said vacation shall be accomplished prior to the approval of the final map for Phase 2, Unit 3. 8. The off site portion of East "J" Street adjacent to Buena Vista Way shall be granted in fee to the City for Open Space, public utilities and other public uses. The grant of this property shall be completed prior to approval of a final map for Phase 3, Unit 3. The developer shall enter into an agreement to not oppose the inclusion of this property in Open Space District # 20 {Zone 7) prior to approval of any final map for Rancho del Rey SPA III. The developer shall be responsible for the costs associated with annexing this property to Open Space District # 20. 9. The developer shall be responsible for the construction of off site improvements at the westerly end of Paseo del Norte in the Casa del Rey subdivision. The construction of these improvements shall be guaranteed prior to approval of the final map for Phase 2, Unit 2. A cash deposit was previously deposited with the City to pay the cost of this work. The amount deposited is available to the developer for construction of these improvements. 10. Prior to final map approval for Phase 1, the developer shall dedicate additional right-of-way along the frontage of the property on East "H" Street to provide a 20 foot parkway {existing curbline to property line). 11. The developer shall be responsible for construction of a sidewalk/recreational pathway along the entire frontage of subject property on East "H" Street from Paseo Ranchero westerly to Paseo del Rey to the satisfaction of the City Engineer, Director of Planning and the Director of Parks and Recreation. The construction of these improvements shall be guaranteed prior to final map approval for Phase 1. 12. The developer shall be responsible for construction of an expanded 8 to 10 foot wide sidewalk/recreational pathway along the western side of Paseo Ranchero, to connect the trail systems in the south leg of Rice Canyon and in the Telegraph Canyon Road open space area. These improvements shall be installed in conjunction with the construction phases of Paseo Ranchero specified in the Public Facilities Financing Plan. 13. The developer shall be responsible for the construction of wider sidewalks at transit stops, subject to the approval of the City Engineer. 14. The final design of Paseo Ranchero shall include eight foot wide landscape easement buffers as required by the Street Design Standards or be adjoined by an open space lot at least eight feet wide with slopes no greater than 5:1, except in the following areas where the final design shall be subject Resolution No. 16222 Page 6 to the approval of the Planning Director, Landscape Architect and City Engineer: A. Adjacent to the lots fronting on Cabo Calabazo, Calle Candelero and Punto Miraleste where a special slope and retaining wall design will be implemented; B. Along the Junior High School site; C. Along the existing Ladera Villas and Mission Verde subdivisions where existing conditions shall remain; and D. Adjacent to the out-parcel owned by the Chula Vista School District. 15. The final design of East "j" Street shall include 5.5 foot wide landscape easement buffers as required by the Street Design Standards or be adjoined by an open space lot at least 5.5 feet wide with 5:1 maximum side slopes, except in the following locations where the final design shall be subject to the approval of the Planning Director, Landscape Architect and City Engineer: A. Along the park site; B. Along the two corner lots at the intersection of East "J" Street and Camino Miel (lots 82 and 97 of Phase 2, Unit 1) and the southeast corner lot of East "J" Street and Cabo Capote {lot 85 of Phase 2, Unit 2}; C. Adjacent to the out-parcel owned by the Chula Vista School District; and D. Along the existing Bel Aire Ridge subdivision where existing conditions shall remain. 16. All retaining walls which interface with the public street system shall be constructed to match the Ranch Rancho del Rey SPA III Design Guideline standards for exterior walls. 17. The developer shall be responsible for construction of full street improvements for all public and private streets shown on the Tentative Map within the subdivision boundary; and for the construction of off-site improvements to construct Paseo Ranchero, East "J" Street and Paseo Ladera as shown on the Tentative Map, to the satisfaction of the City Engineer. 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, fire hydrants and Resolution No. 16222 Page 7 transitions to existing improvements. Street intersection spacing as shown on the tentative map is hereby approved. 18. All the streets shown on the Tentative Map within the subdivision boundary, except private streets, shall be dedicated for public use. Design of said streets shall meet all City standards. lg. A temporary turnaround conforming to City standards shall be provided at the end of streets having a length greater than 150 feet, measured from the center line of the nearest intersecting street to the center of the cul-de-sac, except as approved by the City Engineer. 20. Cul-de-sacs and knuckles shall be designed and built in accordance with City standards unless otherwise approved by the City Engineer. Lot Confiquration 21. Frontage on all lots shall be a minimum of 35 feet at the right-of-way line except as approved by the City Engineer. This condition does not apply to flag lots, as defined in the Municipal Code. 22. Lot lines shall be located at the top of slopes except as approved by the City Engineer. When adjacent to open space lots, property lines shall be located a minimum 2.5 feet from the top of slope. 23. The preparation of final maps and plans for the locations listed below shall be carried out in accordance with the following criteria unless otherwise approved by the City Engineer and Director of Planning: A. Provide a minimum 50 feet from the corner of Paseo Ranchero and East "J" Street to lots 6 and 7, Phase 3, Unit 2, to provide additional buffer and transition area at the corner. B. Provide a pedestrian throughway between lots 130 and 131, Phase 3, Unit 2, from Camino Calabazo to east "j" Street across from the school and park sites. C. Lot 128 of Phase 2, Unit 1, shall be widened to a minimum 50 foot width to accommodate a combined slope and maximum 6 foot retaining wall. This is to avoid a "tunnel" effect created at side lot lines. D. Lots 3 and 5, Phase 2, Unit 3 shall utilize maximum 5 foot high retaining walls, and/or a combination of retaining walls and crib walls. Resolution No. 16222 Page 8 E. Provide a different name for each of the portions of Palazzo Court located to the east and west of East "J" Street and the portions of Dorado Way located to the east and west of Camino Miel. Street Trees/Open Space 24. The developer shall grant to the City street tree planting and maintenance easements along all public streets as shown on the Tentative Map. The width of said easements shall be as outlined in the City's Street Design Standards Policy. 25. The developer shall be responsible for street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. The use of cones shall be included where necessary to reduce the impact of root systems disrupting adjacent sidewalks and rights-of-way. 26. All open space lots adjacent to public rights-of-way shall maintain a width so as to provide 10 feet of landscaping treatment behind the back of sidewalk. 27. Maintenance of all facilities and improvements within open space areas covered by home owners associations shall be covered by CC&Rs to be submitted and approved by the Planning Department prior to approval of the associated final map. 28. Prior to the approval of any final map, the developer shall request in writing that maintenance of all facilities and improvements within the open space area associated with such map shall be the responsibility of the Rancho del Rey Open Space Maintenance District. 29. Prior to approval of the first final map, a comprehensive landscape plan shall be submitted for review and approval of the City Landscape Architect and Director of Parks and Recreation. Prior to approval of each final map, comprehensive, detailed landscape and irrigation plans, erosion control plans and detailed water management guidelines for all landscape irrigation shall be submitted in accordance with the Chula Vista Landscape Manual for the associated landscaping in that final map. These detailed landscape and irrigation plans shall be for the 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 tolerant plant material. Exceptions can be made for areas where reclaimed water is exclusively used. The comprehensive landscape plans shall address: A. Slope enhancement and landscape treatment for the slope in Open Space Lot A, Phase 3, Unit 3, beneath the Junior High School lot. _ The plan shall address and provide for mature size plant material, boulder work and/or buttress work on the slope. Resolution No. 16222 Page 9 B. A naturalized revegetation program for areas of grading in open space lots, which may include temporary irrigation. C. The disturbed "native" areas within Telegraph Canyon Road open space corridor. This area shall include tree groupings or tree groves. These plantings shall be treated as random plantings and shall be identified in at least six areas along the corridor with each location providing plantings of 50 to 100 trees. The exact number of trees and locations are to be approved by the Planning Department and Department of Parks and Recreation. The intent of these grove areas is to provide a consistency with existing grove areas in the open space corridor west of the Rancho del Rey SPA III area. All graded areas shall be replanted prior to the approval of any final map. Germination of plant material shall be guaranteed by the applicant to the satisfaction of the City Landscape Architect. 30. Prior to approval of the first final map, details showing the location and design of the trail system and a sign program shall be submitted to and approved by the Directors of Planning and Parks and Recreation. The trail system in the open space lots shall be a minimum 6 feet wide within an 8 foot horizontal clear space and a 10 foot vertical clear space. The associated sign program shall identify the trail network in the open space areas and connecting along Paseo Ranchero, to the satisfaction of the Directors of Planning and Parks and Recreation. 31. Prior final map approval for Phase 3, Unit 3 and Phase 4, Unit 2 as shown on the Tentative Map, cross sections shall be submitted to and approved by the Director of Planning and City Engineer illustrating the interface where the trail is located adjacent to the drainage ditch along Telegraph Canyon Road. The fencing of the drainage channel shall be aesthetically pleasing incorporating the use of plantings, equestrian type fencing and vinyl clad fencing. These cross sections and decorative fencing program may be included with the comprehensive landscape plan. Fence gates shall be provided at locations approved by the City Engineer to allow maintenance of the drainage channel. Parks 32. The developer shall be obligated for 12.5 acres of parkland as described in the approved SPA Plan, including land, and/or fees, and/or additional improvements, in accordance with the Parkland Dedication Ordinance. The actual final acreage will relate to the number of units approved with the final maps. 33. The park located in Phase 3, Unit 4 shall be a minimum 10 net useable acres. Design and development of the park shall be subject to the Resolution No. 16222 Page 10 ' approval of the City's Director of Parks and Recreation and shall conform with the park master plan to be adopted by the City Council. 34. An adequate buffer and separation of 50 feet shall be provided between the residential lots at the eastern end of Palazzo Court and the existing park facilities, to the satisfaction of the Director of Parks and Recreation. Solution may include but is not limited to relocating an existing tennis court or lot redesign. 35. A minimum 20 foot wide access corridor shall be maintained at the end of Paseo Palazzo where the cul-de-sac abuts the existing park. Said area shall be made part of the park. Detail and design of the access shall be submitted to and approved by the Departments of Planning and Parks and Recreation prior to final map approval for Phase 3, Unit 1. Gradinq/Drainaqe 36. An erosion and sedimentation control plan shall be prepared as part of the grading plans. 37. Specific methods of handling storm drainage are subject to detailed approval by the City Engineer at the time of submission of improvement and grading plans. Design shall be accomplished on the basis of the requirements of the Subdivision Manual and the Grading Ordinance (No. 1797 as amended). The developer shall submit calculations to demonstrate compliance with all drainage requirements of the Subdivision Manual. 38. Grading proposals shall be reviewed and approved by the City Engineer and Director of Planning for consideration of balanced cut and fill, utilization of appropriate soil types, effective landscaping and revegetation where applicable. Grading shall occur in separate phases unless a single phase operation is approved with the grading plan. 39. A letter of permission for grading shall be obtained from SDG&E prior to any grading within or adjacent to an SDG&E easement or which would affect access thereto. 40. The developer shall make a reasonable effort to obtain permission to grade the slopes along Buena Vista Way at the former intersection of East "j" Street. If permission to grade said slope is not reasonably attainable as determined by the City Engineer, the regrading of these slopes shall not be required. The provisions of this condition shall be complied with prior to approval of the final map for Phase 3, Unit 3. 41. Prior to approval of any final map 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 two situations. Resolution No. 16222 Page 11 42. 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. Lots 71, 72 and 89 of Phase 2 Unit 1 shall be designed so that there will be no negative grading or drainage impacts to the adjacent off-site properties. 43. Graded access shall be provided to all public storm drain structures including inlet and outlet structures. Paved access shall be provided to drainage structures located in the rear yard of any residential lot or as approved by the City Engineer. 44. The use of boulders in minor drainage basins and energy dissipators in the canyon and open space areas in the manner approved by the City Engineer and Planning Director, is encouraged to allow water to be captured and to allow trees to grow naturally. Sewer 45. The developer shall be responsible for performing sewage flow metering to monitor three segments of main identified in the Rick Engineering report dated September 5, 19g0 as sections OR, X1X2 and KL. Metering shall be accompli shed at the locations determined by the City Engineer. Metering shall be accomplished prior to the issuance of any building permit for SPA III and be repeated at intervals directed by the City Engineer. Should any of these segments have metered flows which fill more than 804 of the pipe diameter, the applicant shall construct parallel facilities as determined by the City Engineer. The developer shall enter into an agreement with the City prior to first final map approval providing for all items indicated above. 46. An improved access road with a minimum width of 12 feet shall be provided 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. 47. The developer shall obtain permission from the City to deposit sewage in a foreign basin. The developer shall enter into an agreement with the City relative to the diversion of sewage prior to final map approval for any phase or unit thereof proposing said diversion. 48. The developer shall be responsible for the removal of the existing sewer pump stations (Mission Verde and Candlewood). Prior to approval of any final map entailing said removal, the owner and the City shall enter into an agreement to establish the scope of work and the amount to be reimbursed by the City to the subdivider for performing said work. The developer may also request the formation of a special sewer service area to provide for the cost of connection of the area currently being served by the Candlewood pump station to the permanent gravity sewer system. Resolution No. 16222 Page 12 Unless otherwise approved by the City Engineer, the scope of work at both sites shall be limited to the removal and disposal of equipment, grading, landscaping and construction of new sewerlines and manholes required for connection to the proposed Rancho del Rey sewer system. Any upsizing of Rancho del Rey Sewer lines due solely to the flow generated by the Mission Verde and Candlewood areas shall also be included. Reclaimed Water 49. Prior to approval of the associated final map, the developer shall provide on-site infrastructure to accept and to use reclaimed water when it is available, along Paseo Ranchero from Telegraph Canyon Road to East "H" Street and along East "J" Street from Paseo Ranchero to the park site, per the adopted Public Facilities Financing Plan. 50. Any costs incurred from retrofitting the reclaimed water system, when reclaimed water becomes available, shall be paid by the developer. Monies for this shall be held by the City, through a deposit set up by the developer. The amount shall be determined by the developer, approved by the City and in place prior to approval of each associated final map. Fire 51. Fire hydrants will be required per the Fire Department standards. Hydrant spacing is 500 feet for single family and 300 feet for multi-family dwellings. 52. Maximum hydrant pressure shall not exceed 150 psi. 53. Fire hydrants and roadway access (per City Fire Marshall approval) shall be installed, tested and operational prior to any combustible materials placed on-site. 53.5 Developer and City shall, prior to the recording of the first final map including all or any portion of the territory of the tentative map, have entered into a Development Agreement which shall include, but shall not be limited to, a promise satisfactory to the City requiring the developer to advance the entire costs of relocating, or at City's option, to build and relocate, Fire Station No. 4 to a site satisfactory to the City, in exchange for which developer shall be granted certainty of entitlements, or such other mutually agreeable consideration. Aqreements/Covenants 54. Prior to final map approval for Phase 1, Unit 1, the developer shall enter into an agreement with the City to guarantee the development of the parcel specifically for senior housing. Resolution No. 16222 Page 13 55. Prior to the approval of the first final map, the developer shall enter into an agreement to provide a right turn lane at the intersection of Paseo del Rey and East "H" Street, to the satisfaction of the City Engineer, if the threshold standards for this intersection as expressed in the then current Growth Management Ordinance are exceeded at any time during the development of this project. 56. Prior to approval of the first final map, the developer shall enter into an agreement to provide a park-n-ride facility near the intersection of East "H" Street and Paseo Ranchero to include 50 parking spaces, 10 bicycle lockers, lighting, trash receptacles and circulation striping to the satisfaction of the City Transit Coordinator. In addition, a transit stop, to include a bench, shelter and trash receptacle, shall be provided on the north side of East "H" Street. A plan of said improvements and the timing thereof shall be submitted and approved by the City Transit Coordinator. Requirements of this condition may also be met by dedication, improvements, and/or financial participation in a park-n-ride facility master plan, at the sole discretion of the City Council. The specific site shall be in the vicinity of the site indicated herein or at an alternative site possibly off the territory of the tentative map which alternative site shall meet with the approval of the City. 57. Prior to approval of each final map, copies of proposed CC&Rs for the subdivision shall be submitted to and approved by the City Planning Department. 58. Prior to approval of the first final map, the developer shall provide a schedule, subject to the approval of the Planning Director and City Housing Coordinator, for the development of low income housing as defined in the agreement executed between the City and Rancho del Rey Partnership per City Council Resolution No. 15751 dated August 7, 1990. 59. Prior to the approval of any final map for the subject subdivision or any unit thereof, the developer shall obtain all off-site right-of-way necessary for the installation of required improvements for that unit. The developer shall also provide easements for all on-site and off-site public storm drains, sewers and other public utilities prior to approval of the final map. Easements shall be a minimum width of 6 feet greater than pipe size, but in no case less than 10 feet. 60. The developer shall 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: Resolution No. 16222 Page 14 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. D. If the developer so requests, the City may use its powers to acquire right-of-way, easements or licenses needed for off-site 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 the approval of the Final Map. All off-site requirements which fall under the purview of Section 66462.5 of the State Subdivision Map Act will be waived in accordance with that section of the Act if the City does not comply with the 120 day limitation specified in that section. 61. Prior to approval of each final map, the developer shall enter into an agreement with the City to include the subdivisions in the Mello Roos public facilities district or an acceptable alternative financing program, subject to the approval of both the Chula Vista Elementary and Sweetwater High School Districts. 62. Prior to approval of each final map, the developer shall enter into an agreement with the City wherein he agrees to comply with that version of the Growth Management Ordinance in effect at the time a building permit is issued. Such compliance includes but is not limited to the then current East Chula Vista Transportation Phasing Plan and the adopted Air Quality Improvement Plan and Water Conservation Plan for Rancho del Rey SPA III. 63. Prior to final map approval for any phase or unit thereof, the developer shall enter into an agreement with the City whereby: A. The developer agrees that the City may withhold building permits for any units in the subject subdivision if any one of the following OCCURS: I. Regional development threshold limits set by the then current adopted East Chula Vista Transportation Phasing Plan have been reached. Resolution No. 16222 Page 15 2. Traffic volumes, level of service, public utilities and/or services exceed the threshold standards in the then effective Growth Management Ordinance. B. The developer agrees that the City may withhold occupancy permits for any of the phases of development identified in the Public Facilities Financing Plan {PFFP} for Rancho del Rey SPA III if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. 64. Prior to approval of each final map, the developer shall agree to not protest the formation of a district for the maintenance of landscaped medians and parkways along streets within and adjacent to the subject property. 65. Prior to approval of each final map, the developer shall enter into an agreement with the City wherein he holds the City harmless for any liability for erosion, siltation or increased flow of drainage resulting from this project. 66. The developer shall enter into an agreement with the City whereby the developer agrees to participate in the monitoring of existing and future 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 developer prior to final map approval for any phase or unit proposing to discharge sewage into the Telegraph Canyon Trunk Sewer. 67. The developer shall permit all franchised cable television companies {"Cable Company"} equal opportunity to place conduit to and provide cable television service for each lot within the subdivision. The developer shall enter into an agreement with all participating Cable Companies which shall provide, in part, that upon receiving written notice from the City that said Cable Company is in violation of the terms and conditions of the franchise granted to said Cable Company, or any other terms and conditions regulating said Cable Company in the City of Chula Vista, as same may from time to time be amended, developer shall suspend Cable Company's access to said conduit until City othe~ise notifies developer. Said agreement shall be approved by the City Attorney prior to final map approval. 68. The developer shall utilize the Paseo Ranchero corridor for construction traffic unless otherwise approved by the City Engineer. A construction traffic plan shall be submitted for review and approval prior to approval of the first final map or issuance of a grading permit, whichever occurs first. The plan shall include provisions for dust control and state hours of operation. Revisions to said plan shall be approved by the City Engineer. Resolution No. 16222 Page 16 Fees/Payments 69. The subject property is within the boundaries of Open Space District #20 {Zone 7), Open Space District #10 (Phase II) and Assessment District #87- 1. Prior to final map approval or other grant of approval for any phase or unit thereof, the developer shall pay all costs associated with: A.detachment of subject property from Open Space District #10 (Phase II); and B. reapportionment of assessments for Open Space District #20 (Zone 7) and Assessment District #87-I as a result of subdivision of lands within the project boundary. 70. The developer shall pay: A. Spring Valley Sewer Trunk connection fees ($130/acre) prior to final map approval for any phase or unit thereof contributing flow to the Spring Valley Trunk Sewer. 8. Telegraph Canyon drainage fees in accordance with Ordinance 2384. 71. PAD fees shall be waived or modified as provided in the adopted Public Facilities Financing Plan for Rancho del Rey. RCT fees and DIF fees shall be paid in accordance with the applicable regulations, including the duty to pay the fees in effect at the time the bulding permits are issued. PAD fees shall be guaranteed until such time as the City waives said fees. Miscellaneous 72. The boundary of the subdivision shall be tied to the California System Zone VI (1983). 73. Prior to final map approval for any unit, the developer shall submit a copy of said final map in a digital format such as (DXF) graphic file. This Computer Aided Design (CAD) copy of the final map shall be based on accurate coordinate geometry calculations and shall be submitted on 5 1/2 HD floppy disk prior to recordation of the final map. 74. The developer may file a master final map which provides for the sale of super block lots corresponding to the units and phasing or combination of units and phasing thereof, shown on the tentative map. If said super block lots do not show individual lots depicted on the approved tentative map, a subsequent final map shall be filed for any lot which will be further subdivided. Resolution No. 16222 Page 17 The City Engineer may condition approval of such a final map to require necessary plans to provide infrastructure necessary top meet City threshold policies and to conform to the approved Public Facilities Financing Plan. All super block lots created shall have access to a dedicated public street. Bonds in the amounts determined by the City Engineer shall be posted prior to approval of a master final map. Said master final map shall not be considered the first final map as indicated in other conditions of approval unless said map contains single or multiple family lots shown on the tentative map. Code Requirements 75. The developer 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. 76. The developer shall comply with all applicable sections of the Chula Vista Municipal Code as they exist at the time of issuance of the building permit. 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 Map Act and the City of Chula Vista Subdivision Ordinances and Subdivision Manual. 77. Applicant shall comply with, remain in compliance with, and implement, the terms, conditions and provisions of the Sectional Planning Area Plan, and such Water Conservation Plan, the Air Quality Plan and the Public Facilities Financing Plan approved by the Council ("Plans") as are applicable to the property which is the subject matter of this 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 Applicant shall continue to comply with, remain in compliance with, and implement such Plans. Developer shall agree to waive any claim that the adoption of a final Water Conservation Plan or Air Quality Plan constitutes an improper subsequent imposition of the condition. Resolution No. 16222 Page 18 That a copy of this resolution be transmitted to the owners of the property, Resolution No. 16222 Page 19 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 30th day of July, 1991, by the following vote: AYES: Councilmembers: Grasser Horton, Moore, Nader NOES: Councilmembers: None ABSENT: Councilmembers: Nader ABSTAIN: Councilmembers: Malcolm ATTEST: 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. 16222 was duly passed, approved, and adopted by the City Council held on the 30th day of July, 1991. Executed this 30th day of July, 1991.