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HomeMy WebLinkAboutReso 2002-089 RESOLUTION NO. 2002-089 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR A PORTION OF VILLAGE SIX OF THE OTAY P~CH, VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLAN, CHULA VISTA TRACT 02-05 WHEREAS, the property which is the subject matter of this resolution is identified on the locator map (Exhibit "A") attached hereto and described on Chula Vista Tract 02-05, and is commonly known as Otay Ranch Company's Portion of Otay Ranch, Village Six ("Property"); and WHEREAS, Otay Project, L.P. ("Applicant") filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as "Otay Ranch Village Six, Chula Vista Tract 02-05" ("Project"), with the Planning and Building Department of the City of Chula Vista on October 16, 2001; and WHEREAS, the application requests the approval for the subdivision of approximately 201.1 acres of land known as "Otay Ranch, Village Six" located in the north-central portion of the Otay Valley Parcel, south of the future extension alignment of Olympic Parkway, north of the future Birch Road, east of the extension of La Media Road and west of the future SR-125; and WHEREAS, the Project is also the subject matter of the Otay Ranch General Development Plan (GDP), as amended, originally approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on October 23, 2001, by Resolution No. 2001- 362 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH #9010154 ("Program EIR 90-01"); the Otay Ranch General Development Plan (GDP) Amendments/Village Eleven SPA Plan Final Second-Tier Environmental Impact Report ("Final EIR 01-02")(SCH#2001031120), the Otay Ranch Village Six Sectional Planning Area (SPA) Plan Final Second Tier Environmental Impact Report ("FEIR 98- 01")(SCH#2001041033), and the candidate CEQA Findings and Mitigation Monitoring and Reporting Program; and WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and has determined that the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in the Village Six SPA Plan Final EIR 98-01. Only minor technical changes or additions are necessary and none of the conditions requiring preparation of a subsequent or supplemental EIR, as identified in Sections 15162 and 15163 exist; therefore, an addendum to FEIR 98-01 was prepared in accordance with State CEQA Guidelines Section 15164; and Resolution 2002-089 Page 2 WHEREAS, the Otay Ranch GDP Phase 2 Resource Management Plan requires the conveyance of 1.188 acres of Otay Ranch Preserve land to the Preserve Owner/Manger for every acre of development and the proposed tentative map contains approximately 133.6 acres of development in applicants portion of Village Six which will require the conveyance of 158.7 acres to the Preserve Owner/Manager; and WHEREAS, the Planning Commission set the time and place for a hearing on Otay Ranch Company's portion of Otay Ranch, Village Six Tentative Subdivision Map (C.V.T. 02- 05) and notice of said heating, 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 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the heating was held at the time and place as advertised, namely 6:00 p.m. March 13, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended approval of the Project to the City Council and said heating was thereafter closed; and, WHEREAS, a public heating was scheduled before the City Council of the City of Chula Vista on Otay Ranch Company's portion of Otay Ranch, Village Six Tentative Subdivision Map, PCS-02-05, namely 6:00 p.m. March 26, 2002, in the Council Chambers, 276 Fourth Avenue, before the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public heating held on March 13, 2002, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Addendum to FEIR 98-01, would have no new effects that were not examined in said Addendum (Guideline 15168 (c)(2)). III. ACTION The City Council hereby approves the resolution approving Otay Ranch Company's portion of Otay Ranch, Village Six Tentative Map, Chula Vista Tract 02-05 involving 201.1 Resolution 2002-089 Page 3 acres of land known as "Otay Ranch, Village Six" in this resolution, finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Village Six SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. TENTATIVE SUBDIVISION MAP F1NDINGS Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the "Otay Ranch Village Six Tentative Subdivision Map (C.V.T. 02-05)" as conditioned, attached as Exhibit "B" to this resolution, hereto for Otay Project, L.P., is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Village Six Sectional Planning Area (SPA) Plan, based on the following: 1. Land Use The Project is in a planned community that provides single-family and multi-family residential uses, schools, mixed-use, community purpose facilities and common usable open space and other uses authorized by the Village Six Sectional Planning Area (SPA) Plan. 2. Cimulation All of the on-site and off-site public and private improvements required to serve the subdivision are part of the project description or are conditioned consistent with the Otay Ranch General Development Plan, and the Village Six SPA Plan. The Applicant shall construct those facilities in accordance with City and Otay Ranch Village Six SPA Plan standards. 3. Housing An affordable housing agreement between the City and Otay Ranch Company will be executed subsequent to the approval of the Tentative Map and is applicable to subject Project providing for low and moderate-income households. 4. Parks, Recreation and Open Space Parks, recreation and open space will be conditioned under Tentative Map conditions to provide local parkland and dedicate additional Community parkland (Applicant obligation) for the Project elsewhere in Otay Ranch. Construction of parkland and common usable open space and programmable recreation facilities are the responsibility of the Applicant. 5. Conservation The Program EIR and FEIR 98-01 addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals Resolution 2002-089 Page 4 and policies. The Otay Ranch Phase Two Resoume Management Plan requires conveyance of 1.188 acres of land to the Otay Ranch Preserve for every one-acre of developed land prior to approval of any Final Map. (Pursuant to the RMP Phase 2, Page 60, EIR 98-01 Section 5.3.3) 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity of the Project according to the Otay Ranch Village Six SPA Geotechnical Reconnaissance Report. 7. Public Safety All public and private facilities are expected to be reachable within the threshold response times for fire and police services. 8. Public Facilities The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major projects in the eastern territories. 9. Noise The Project will include noise attenuation walls based on the results of an acoustic study prepared for the Project. In addition, all units are required to meet the standards of the Uniform Building Code with regard to acceptable interior noise levels. 10. Scenic Highway The roadway design provides wide landscaped buffers along Olympic Parkway the only General Plan, GDP/SRP scenic highway adjacent to the Project. 11. Bicycle Routes The Project is required to provide on-site bicycle routes on the Project as indicated in the regional circulation system of the General Plan and the Otay Ranch GDP. 12. Public Buildings Resolution 2002-089 Page 5 Public buildings are not proposed on the Project site as part of the community purpose facility locations. The Project is subject to appropriate residential fees prior to issuance of building permits. 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. V. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "C," attached hereto. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further fome and effect ab initio. Presented by Approved as to form by Robert Leiter' .$o.~l'(n M. Kaheny Planning and Building Director ~ity Attorney Resolution 2002-089 Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 26th day of March, 2002, by the following vote: AYES: Councilmembers: Davis, Padilla, Salas and Horton AYS: Councilmembers: Rindone ABSENT: Councilmembers: None Shirley Horton,,/~Vlayor ~ ATTEST: Donna Norris, Assistant City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna Norris, Assistant City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2002-089 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 26th day of March, 2002. Executed this 26th day of March, 2002. Donna Norris, Assistant City Clerk EASTLAKE GREENS COUNTRYSIDE LOMAS VERDE FREEWAY COMMERCIAL VILLAGE 11 Neighborhood R-7 VILLAGE 6 VILLAGE 2 PROJECT LOCATION EASTERN VILLAGE 7 ~_ URBAN CENTER :HULA VISTA PLANNING AND BUILDING DEPARTMEN LOCATOR mo.~cT PROJECT DESCRIP11ON: AP~JC~T: OTAY RANCH COMPANY FILE NUMBERS:  SUBDIVISION PCM-02-20 & PROJEC[ ,~ss: OTAY RANCH VILLAGE 6 Otay Ranch Company PCS-02-03 SC~L~: I i Village 6 Tentative Map NORTH No Scale I C:\DAIFIL ES\locators\PCS0205.cdr 02/22/02 R2002-089 Exhibit"C" Otay Ranch Company's Village Six Tentative Snbdivision Map (C.V.T. 02-05) CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to the related final map as determined by the Director of Planning and Building and the City Engineer (b) unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAL/PRELIMINARY 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the term "Developer" shall also mean "Applicant". (Planning) 2. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual; Chula Vista Design Manual; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; Second-Tier Environmental Impact Report (EIR 98-01); Otay Ranch Village Six Sectional Planning Area (SPA) Plan and supporting documents including: Public Facilities Finance Plan; Parks, Recreation, Open Space and Trails Plan; SPA Affordable Housing Plan; and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. (Planning) 3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, Page 1 of 42 or further condition the subsequent approvals that are derived fi:om the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. (Planning) 4. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising fi:om challenges to the Environmental Impact Report and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. (Planning) 5. The applicant shall comply with all applicable Village Six SPA conditions of approval, (PCM 99-15) as may be amended from time to time. (Planning) 6. Prior to the approval of the first "A" map for the Project, Applicant shall prepare and submit, to the satisfaction of, and as deemed necessary by the Director of Planning and Building, an updated Sectional Planning Area (SPA) Plan, and supporting regulating documents including, but not limited to text, exhibits, and tables for the Village Six SPA Plan; Planned Community District Regulations; Village Design Plan; Public Facilities Finance Plan; Affordable Housing Plan Air Quality Improvement Plan; Water Conservation Plan; Non- Renewable Energy Conservation Plan; Parks, Recreation, Open Space and Trails Plan; and applicable environmental documents. (Planning) 7. Any and all agreements that the applicant is required to enter in hereunder, shall be in a form approved by the City Attorney. (Planning) 8. A reserve fund program has been established by Resolution No. 18288 for the funding of the Fiscal Impact of New Development (F.I.N.D.) Model for the Otay Ranch Project. The Applicant shall provide funds to the Reserve Fund as required by the Reserve Fund Program. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP), the Applicant shall participate in the funding of the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs in the Project and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP. (Planning) 9. Prior to approval of the first "A" map, Developer shall enter into an agreement with the City of Chula Vista, wherein Developer acknowledges and agrees that, prior to the construction of SR-125, the City shall stop issuing new building permits for Village Six when the City, in its sole discretion, determines either: Page 2 of 42 a. Building permits for a total 9,429 dwelling units have been issued for projects east ofi-805 (the start date for counting the 9,429 dwelling units is January 1, 2000); or, b. An alternative measure is selected by the City in accordance with the City of Chula Vista Growth Management Ordinance. Developer shall also acknowledge and agree that notwithstanding the foregoing thresholds, the City may issue building permits if the City Council decides, in its sole discretion, that any of the following has occurred: 1) the circulation system has additional capacity without exceeding the GMOC traffic threshold standards based upon traffic studies 2) other improvements are constructed which provide additional necessary capacity; or 3) the City selects an alternative method of implementing the GMOC standards. These traffic studies would not require additional environmental review under CEQA; however, any improvements proposed in these traffic studies would be subject to additional environmental reviews as required. The above noted agreement shall mn with the entire land contained within the Project. (Engineering) 10. The applicant shall comply with the terms of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"), to the satisfaction of the Director of Planning and Building. (Planning) 11. Should any of these conditions conflict with the Olympic Parkway Financing and Construction Agreement approved by Council Resolution 19410, the Olympic Parkway Financing and Construction Agreement shall control. (Planning) ENVIRONMENTAL 12. The Applicant shall implement, to the satisfaction of the Director of Planning and Building, all environmental impact mitigation measures identified in Final EIR 98-01 (SCH#2001041033), the candidate CEQA Findings and Mitigation Monitoring and Reporting Program (Final EIR 98-01) for this project. (Planning) 13. The Applicant shall comply with all applicable requirements of the California Department offish and Game, the California State Water Resources Quality Control Board, the U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers. Prior to any activity that may potentially impact biological resources, such as clearing and grubbing, the applicant shall comply with all applicable requirements prescribed in the Otay Ranch Village Six Second-Tier Environmental Impact Report (EIR 98-01)(SCH#2001041033), and Mitigation Monitoring and Reporting Program. (Planning) 14. The Applicant shall apply for and receive a take permit/authorization from the U.S. Fish and Wildlife Service and Califomia Department offish and Game, or comply with the approved City of Chula Vista MSCP Subarea Plan, if applicable to the Project. (Planning) Page 3 of 42 15. Prior to the approval of each final "B" map, the Applicant shall comply with ail requirements and policies of the Otay Ranch Resource Management Plan (RMP) as approved by City Council on October 28, 1993, and Otay Ranch, Phase 2 Resource Management Plan (RMP2) and "Preserve Conveyance Schedule," as approved by City Council on June 4, 1996, and as may be amended fi:om time to time by the City. (Planning) 16. Prior to the issuance of the first grading permit (including clearing and grubbing) for the Project, the Applicant shall comply with the requirements of the RMP, Phase Two, Range Management Plan to the satisfaction of the Director of Planning and Building. (Planning) 17. Simultaneously with conveyance of land to the Preserve Owner/Manager (POM) in fee title or by easement, the Applicant shall cease all cattle grazing on the land to he conveyed. In addition, the Applicant shall ensure through the maintenance of existing fencing or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City, that cattle fi-om adjacent areas cannot access the land being conveyed. In addition, Applicant shall comply with the requirements of the RMP, Phase Two, Range Management Plan to the satisfaction of the Director of Planuing and Building. (Planning) 18. Prior to the approval of each final "B" map for the Project, Applicant shall comply with all requirements of the Village Six SPA Plan Agricultural Plan. (Planning) 19. The Applicant shall convey fee title, or upon the consent of the Preserve Owner/Manager (POM) and any lien holder, an easement restricting use of the land to those permitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon the recordation of each final map for an amount of land equal to the final map's obligation to convey land to the Preserve. Where an easement is conveyed, the Applicant shall be required to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Applicant shall convey fee title. Where fee title or an easement is conveyed, access to the satisfaction of the POM shall also be conveyed, and each tentative map shall be subject to a condition that the Applicant shall execute a maintenance agreement with the POM stating that it is the responsibility of the Applicant to maintain the conveyed parcel until the Habitat Maintenance District has generated sufficient revenues to enable the POM to assume maintenance responsibilities. Where an easement is granted, each tentative map is subject to a condition that fee title shall be granted upon demand by the POM. The Applicant shall irrevocably offer for dedication to the City or its designee, fee title, upon the recordation of each final map for an amount of land equal to the final map's obligation to convey land to the Preserve. The Applicant shall maintain and manage the conveyed parcel until the Preserve Community Facilities District (CFD) has generated sufficient revenues to enable the POM to assume maintenance and management responsibilities. (Planning) 20. Upon request of the Director o f Planning and Building, applicant shall execute a maintenance agreement with the City or its designee for the Otay Ranch Preserve. (Planning) Page 4 of 42 21. Prior to approval of the first "B" map for the Project, at the request of the City Engineer, Developer shall take all necessary steps to include the Project area within Improvement Area "A" of the Otay Ranch Preserve Maintenance District (CFD. No. 97-02). (Engineering) SPECIAL CONDITIONS OF APPROVAL 22. A noise barrier plan shall be submitted for review and receive approval of the City prior to issuance o£ the first grading permit for the Project. This noise barrier plan shall be incorporated into the wall and fence plan, a component of the Landscape Master Plan. Should Developer request modification of the approved wall and fence plans, Developer shall provide additional acoustical analysis if required by the Director of Planning and Building. Noise barriers shall be constructed within dedicated open space lots and shall not be constructed on private property. (Environmental, Engineering) 23. Noise barriers shall be secured to the satisfaction of the Director of Public Works prior to approval of the first "B" map for the Project. Bonds securing noise barrier construction may be released upon determination by the City's Director of Public Works that an agreement with the City of Chula Vista, California Transportation Ventures (CTV) or its successor in interest, and Applicant contains sufficient securities for construction of the noise barriers. (Environmental, Engineering) 24. Unless required noise barriers are constructed, no building permits shall be issued for those lots within the noise contour of 65 CNEL or greater as described in the Noise Technical Report for Otay Ranch Village Six, dated September 24, 2001, unless earlier modified by agreement with the City o£Chula Vista, CTV or its successor in interest, and Applicant. All noise barrier design and construction adjacent to SR-125 shall be coordinated with the City of Chula Vista, CALTRANS, and CTV or its successor in interest. Noise barrier design and construction adjacent to SR-125 may be modified should a subsequent acoustical study demonstrate to the satisfaction of the Director of Planning and Building that the applicable noise standards will be achieved by a modified design. (Environmental, Engineering) 25. Applicant shall make a good-faith effort to coordinate development and implementation of the Village Six SPA Plan Area with all other developers/applicants within Village Six including phasing, grading, improvements and dedication of right-of-way. (Planning) 26. The following conditions of approval are based upon the project having multiple Final Maps for the entire subdivision, which shall be referenced hereinafter as "Final 'B' Maps". A Final "B" Map is defined as a final subdivision or parcel map, filed in accordance with the Subdivision Map Act and the Chula Vista Municipal Code, which proposes to subdivide land into individual single or multi-family lots, or contains a subdivision of the multi-family lots shown on the Tentative Map. The "B" Map shall be in substantial conformance with the related approved final "A" Map. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's reasonable satisfaction prior to approval of the first Final 'B' Map. (Engineering) Page 5 of 42 27. Prior to approval of the first final "B" map within the tentative map, the developer may submit and obtain the approval of the City ora master final map ("A" Map) over the portion of the tentative map within each area showing "super block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" map shall also show open space lot dedications, the backbone street dedications and utility easements required to serve the "super block" lots created by this "A" Map. All "super block" lots created by this "A" Map or parcel map shall have access to a dedicated public street. A lot line adjustment, if utilized in accordance with City standards and procedures, shall not be considered the first "A" Map. The "A" Map may contain single-family residential units. An "A" map shall not be considered the first final map as indicated in the conditions of approval unless said map contains single family lots, stock co-operative, community apartment, condominium lots or multi-family lots as shown. (Engineering) 28. The subsequent development of a multi-family lot which does not require the filing ora "B" map shall meet, prior to issuance of a building permit for that lot, all the applicable conditions of approval of the tentative map, as determined by the City Engineer. (Engineering) 29. In the event of a filing of a final 'B' map which requires oversizing of the improvements necessary to serve other properties within the Project, said final map shall be required to install all necessary improvements to serve the project plus the necessary oversizing of facilities required to serve such other properties (in accordance with the restrictions of state law and City ordinances). (Engineering) DESIGN 30. Any proposed monumentation/signage shall be consistent with the Village Six Village Design Plan and shall be reviewed and approved by the Director of Planning and Building prior to approval of the appropriate final map. (Planning) 31. Prior to issuance of the first building permit, Applicant shall submit for review and approval a sign program to the director of Planning and Building. Prior to issuance of the first building permit, Applicant shall post temporary signs on all neighborhoods within the Project indicating the future land use(s) for said sites with signage consistent with the sign program. Temporary signs shall be maintained in place until such time as a project is approved for any such future land use site. (Planning) 32. In addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each 1,500 square feet of slope area, one 1-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed Page 6 of 42 and approved by the Director of Planning and Building prior to approval of the corresponding final map. (Planning) 33. Residential street parkways shall be no less than 7.5 feet in width for the planting area, except as approved by the City Engineer. The Applicant shall plant trees within said parkways which have been selected from the list of appropriate tree species described in the Village Six Design Plan, Village Six SPA Plan and Landscape Master Plan and shall be approved by the Directors of Planning and Building, Building & Park Construction and Public Works. The Applicant shall provide root barriers and deep watering irrigation systems for the trees, as approved by the Director Building and Park Construction and the Director of Public Works. (Planning) 34. The Applicant shall install all street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. Street trees, which have been selected from the revised list of appropriate tree species described in the Village Six Village Design Plan, Village Six SPA Plan and Landscape Master Plan, shall be approved by the Director of Planning and Building and Director of Public Works. Prior to the installation of any dry utilities, including but not limited to cable, telephone, gas or electric lines, Applicant agrees to complete preliminary street improvement plans that show the location of all future street trees, which will be subject to the review and approval of the Director Building & Park Construction and the Director of Planning & Building. Prior to any utility installation, wood stakes shall be placed by the Applicant on site according to approved preliminary street tree plans and shall be painted a bright color and labeled as future street tree location. Applicant further agrees to provide City documentation, acceptable by the Director Building & Park Construction and the Director of Planning and Building, that all utility companies have been given notice that no dry utility line shall be located within five feet of the wood stake in any direction. Applicant will maintain street tree identification stakes in location as shown on approved preliminary plans until all dry utilities are in place. A street tree improvement plan, including mailbox locations, shall be submitted for review and subject to the approval of the Director of Planning and Building and the City Engineer prior to or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the selection of street trees for the street parkways. (Engineering, Planning, Building and Park Construction) 35. Prior to the first "A" map for the Project, Applicant shall submit to and obtain approval by the City Engineer and the Director of Planning and Building a SPA-wide signage plan addressing cart and off-street bicycle circulation and street crossing. Such plan shall include sign colors, materials, heights, location and lighting. Applicant shall install approved signs concurrent with related improvements or upon request by the City. (Engineering, Planning) 36. Developer shall install, to the satisfaction of the Direetor of Planning and Building and the City Engineer, two vehicular access points from View Park Way to Neighborhood R-7, as directed by the City Engineer. (Planning, Engineering) Page 7 of 42 37. Developer shall align the fifteen foot (15') wide pedestrian access from Neighborhoods R-7 to R-3 to ensure a continuous, smooth connection of this pedestrian access between property owners, to the satisfaction of the Director of Planning and Building, or designee, and the City Engineer. There shall be no off-sets in the pedestrian access' joining points between property lines. The 15' wide pedestrian access shall contain a six foot (6') wide, paved sidewalk, which shall also be aligned between properties, connecting the two Neighborhoods and shall be landscaped to the satisfaction of the Director of Planning and Building. (Planning, Engineering) 38. Developer shall provide, to the satisfaction of the Director of Planning and Building, pedestrian access which aligns with the approved, joint access point between Neighborhoods R-3 and R-7 to the East Palomar Street Village Pathway, as directed by the Director of Planning and Building and as approved by the City Engineer. (Planning, Engineering) 39. Applicant shall submit plans for Neighborhoods R-8 and R-9b which show two (2) entrances into each neighborhood in locations satisfactory to the City Engineer and Director of Planning and Building. (Planning, Engineering) 40. No vehicular accesses shall be provided between Neighborhood R-8 and Sutter Buttes Street. (Planning, Engineering) 41. Developer shall install, to the satisfaction of the Director of Planning and Building and the ._ City Engineer, two vehicular accesses fi-om Magdalena Avenue to Neighborhood R-9b, or as otherwise directed by the City Engineer. (Planning, Engineering) PUBLIC FACILITIES, UTILITIES, IMPROVEMENTS AND PHASING (Streets, Transit, Sewer, Water, Drainage, Grading) 42. Developer shall dedicate for public use all the public streets shown on the tentative map within the subdivision boundary. Prior to the approval of the first "A" map and those "B" maps which trigger improvements as set forth in the Village Six PFFP, the applicant shall construct or enter into an agreement to construct and secure all street improvements as required by the PFFP, as may be amended from time to time. The Developer shall construct the public improvements and provide security satisfactory to the City Engineer and City Attomey. (Engineering) 43. Construct a protective fencing system around all proposed permanent detention basins, and the inlets and outlets of storm drain structures, as and when directed by the City Engineer. The final fencing design and types of construction materials shall be subject to approval of the City Engineer. (Engineering) 44. Construct energy dissipators at all storm drain outlets as required by the City Engineer to maintain non-erosive flow velocities. (Engineering) Page 8 of 42 45. Prior to approval of each final map, acquire and then grant to the City all off-site rights-of- way and easements necessary for the installation of required street improvements and/or utilities, subject to the City's Subdivision Ordinance and the State Subdivision Map Act. (Engineering) 46. Concurrent with approval of each final map for the Project, the Applicant shall submit Improvement Plans for the applicable neighborhood for review and approval by the City Engineer, Director Building and Park Construction and the Director of Planning and Building. Applicant shall secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the construction and/or construct full street improvements for all on-site and off-site streets as identified in the Otay Ranch Village Six SPA PFFP, as may be amended from time to time and as deemed necessary to provide service to the subject subdivision. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, traffic signals, signs, landscaping, irrigation, fencing, fire hydrants and street light locations, subject to the approval of the City Engineer. (Engineering) 47. Provide security in accordance with Chapter 18.16 of the Chula Vista Municipal Code, dedicate, and construct full street improvements for all public streets shown on the Tentative Map within the subdivision boundary or off-site, as deemed necessary by the City Engineer to provide service to the subject subdivision, in accordance with Chula Vista Design Standards, Chula Vista Street Standards, Chula Vista Subdivision Manual, and approved Tentative Map, unless otherwise approved by the City Engineer. Said street improvements shall include, but not be limited to, asphalt concrete pavement, base, curb, gutter and sidewalk, sewer, drainage facilities, street lights, traffic signals, signs, stripping, fire hydrants and transitions to existing improvements in the manner required by the City Engineer. The amount of the security for required improvements, including landscape and irrigation plans, shall be 110% times a construction cost estimate approved by the City Engineer and the Director Building & Park Construction if related plans have been approved by the City, 150% times the approved cost estimate if related plans are being processed by the City or 200% times the construction cost estimate approved by the City Engineer and the Director Building & Park Construction if related plans have not been submitted for City review. A lesser percentage may he required if it is demonstrated to the satisfaction of the City Engineer and the Director Building & Park Construction that sufficient data or other information is available to warrant such reduction. (Engineering) 48. Upon: 1) approval of the final "B" map that triggers the Cumulative DU's, ("Table 'A'") below; or, 2) approval of the first map for a specific Planning Area, (Table'B'") below, whichever occurs earlier, consistent with the Village Six PFFP, as may be amended from time to time, Developer shall construct or enter into an agreement to construct and secure, in accordance with Section 18.16.220 of the Municipal Code, the required street improvements: (Engineering) Page 9 of 42 Table "A" Village Six Public Facilities Matrix Public facilities required to be constructed by Village Six and cumulative unit triggers Facility Description Curaulative Roadway Unit Triggers~ 1 La Media Road - Olympic Parkway to Santa Venetia Street 750 2 ~anta Venetia Street - Easterly Boundary of R-1 to La Media Road 750 3 ~anta Venetia Street - Magdalena Avenue to La Media Road 750 4 Magdalena Avenue - Santa Venetia Street to Southerly Boundary of R-4 1500 5 Magdalena Avenue - East Palomar Street to Santa Venetia Street 750 6 East Palomar - Olympic Parkway to Magdalena Avenue 750 7 ~anta Venetia Street - Easterly Boundary of R-2 to La Media Road 750 8 Magdalena Avenue - Northerly Boundary of R-2 to Birch Road 1500 9 Birch Road - Magdalena Avenue to La Media Road4 1500 l0 La Media Road - Santa Venetia Street to Birch Road4 1500 ll Birch Road - SR125 to Magdalena Avenue3 1500 12 Vlagdalena Avenue - Birch Road to South Boundary orR-6 1500 13 3tay Lakes Road - East "H" Street to Telegraph Canyon Rd2 944 (1) Developer shall agree to construct and to secure the facility prior to the Final Map that triggers the cumulative DU's or EDU's as defined in this Table. (2) Improvement will be required only if the cumulative trigger is reached prior to the construction of SR 125. (3) Improvement shall be secured prior to the cumulative unit trigger, or with an "A" Map including CPF 2 and/ur R-l 1/S-2, whichever occurs first. The time to perform the construction of this facility may be extended by the Director of Public Works. (4) Full-width improvements for these facilities shall be secured prior to the first final map containing the 1500th DU. The time to perform the construction of these facilities may be extended by the Director of Public Works. Table "B' Village Six Specific Planning Area Triggers Area Roadway Roadway Required for Access ("A") Or Frontage ("F"): R-1 1, 2 A~ F R-3 1, 3 A(1), F R-4 1, 3, 4 A(1)~ F R-6 l, 3t 5, 64 A(l~3? 6), F R-10 l, 315~ 64 A(1,31 6), F R-2 l, 7, 8, 93,10~ A(l)~ F Page 10 of 42 R-5 6 A CPF- I 6 Ay F R-7 6 A~ F R-8 6 AD F R-9 6 A CPF-2 1, 3~ 4,113, 12 A(lt3), F R-11/S-2 1, 11~, 12 A(1), F C-1 6 A,F (1) Agree to construct and to secure the facility prior to the first final map in this planning area. (2) Numbers in Parenthesis in this column refer to the facility. (3) Half-width improvements for these facilities shall be secured prior to the first final map in this plann~g area. The time to perform the constxuction of these facilities may be extended by the Director of Public Works. Full-width dedication for these facilities shall be offered on an "A" Map containing this planning area. (4) Only emergency access along this facility shall be required prior to the first final map in either of these planning areas. (5) ~he time to perform the construction of this facility may be extended by the Director of I~blic Works. 49. Street cross sections shall conform to the cross sections shown on the tentative map, unless otherwise conditioned or approved herein. Ail other design criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein. (Engineering) 50. The Applicant shall pax~icipate in the funding of revisions of the Public Facilities Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed and requested by the City Manager or his designee and subject to the approval of the City Council. The Applicant will receive appropriate credit for such participation. (Engineering) 51. Prior to approval of any final map which triggers the installation of the related street improvements, Applicant shall enter into an agreement, to the satisfaction of the City Engineer, to construct and secure fully activated traffic signals, including interconnected wiring, at the following intersections: INTERSECTIONS iLa Media Road and Santa Venetia Street Santa Venetia Street and Magdalena Avenue Masdalena Avenue and Birch Road Birch Road and La Media Road Olympic Parkway and East Palomar Street Olympic Parkway and La Media Road · Birch Rd and Entry to S-2/R-11 Page 11 of 42 The applicant shall fully design the aforementioned traffic signal in conjunction with the improvement plans for the related streets. The developer shall install underground improvements, standards and luminaires in conjunction with the construction of the applicable street improvements. In addition, the applicant shall install mast arm, signal heads, and associated equipment when traffic signals warrant as determined by the City Engineer. (Engineering) 52. Submit to and obtain approval by the City Engineer of striping plans for all promenade, collector or nigher classification streets simultaneously with the associated improvement plans. (Engineering) 53. The Applicant shall comply with the Fire Department's codes and policies for Fire Prevention, as may be amended from time to time. The Applicant shall provide the following items either prior to the issuance of building permit(s) for the Project, or prior to delivery of combustible materials on any construction site on the Project, whichever occurs earlier: a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Departxnent. Any temporary water supply source is subject to prior approval by the Fire Marshal. b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 20 feet. c. Street signs installed to the satisfaction of the Department of Public Works. Temporary street signs shall be subject to the approval of the Department of Public Works and Fire Department. Locations and identification of temporary street signs shall be subject to review and approval by the Department of Public Works and Fire Department. (Fire, Planning, Engineering) 54. Depending on the location of improvements such as cul-de-sacs, alleys, driveways or when special circumstances exist in a subdivision design, as determined by the Fire Marshal, the applicant shall install additional fire hydrants upon request and to the satisfaction of the Fire Department. (Fire, Planning, Engineering) 55. Waiver No. 4 on the Tentative Map is approved only at intersections and only where required to achieve the sidewalk gradient in compliance with Americans with Disability Act standards. The super-elevation rate shall not exceed 2% and gutter flow shall be intercepted by a curb inlet prior to the transition from normal to the super-elevated section. Waiver No. 9 is approved with the provision that each such intersection with streets entering the intersection in a horizontal curve or with a less than standard tangent section shall meet minimum sight distance requirements. 56. Construct a temporary turnaround or street improvements, upon the request of and as determined necessary by the City Engineer and Fire Marshal, at the end of temporarily Page 12 of 42 stubbed streets greater than 150 1~. in length (as measured fi.om the nearest street centerline intersection). (Engineering) 57. Design all vertical and horizontal curves and intersection sight distances to conform to the Caltrans Highway Design Manual. All streets, which intersect other streets at or near horizontal or vertical curves must meet intersection design sight distance requirements in accordance with City standards. Sight distance easements shall be granted as necessary to comply with the requirements in the Caltrans Highway Design Manual and City of Chula Vista policies, where a conflict exists, the City o f Chula Vista policies shall prevail. Lighted SAG vertical curves may be permitted, with the approval of the City Engineer, at intersections per American Association of State Highway and Transportation Officials (AASHTO) standards. (Engineering) 58. Prior to approval of each final map, the Engineer-of-Work shall submit and obtain approval by the City Engineer a waiver request for all subdivision design items not specifically waived on the Tentative Map, and not conforming to adopted City standards. The Engineer-of-work request shall outline the requested subdivision design deviations fi.om adopted City standards and state that in his/her professional opinion, no safety issues will be compromised. The waiver is subject to approval by the City Engineer in the City Engineer's sole discretion. (Engineering) 59. Prior to approval of the first map for the Project, Applicant shall agree to construct and secure, and thereafter construct and secure, to the satisfaction of the City Engineer, the following improvements: a. All necessary improvements for providing ingress and egress to the Elementary School (S-l). This requirement shall also include but is not limited to any required modification to medians, storm drainage system, street lights, and irrigation improvements; and, b. If warranted and upon the request ofthe City Engineer, traffic signal improvements for providing vehicular ingress and egress to the Elementary School S-1. (Engineering) 60. Applicant shall enter into an agreement with the City, prior to the approval of the first map whereby the developer agrees to the following: a. Fund and install Chula Vista transit stop facilities within the tentative map boundary when directed by the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the Village Six Design Plan and Village Six PFFP and as approved by the Directors of Planning and Building and Public Works. b. Not protest the formation of any future regional benefit assessment district to finance the MTDB San Diego Trolley LRT System. (Engineering) Page 13 of 42 61. Alleys shall be constructed to City of Chula Vista standards. 62. The developer shall construct sidewalks and construct pedestrian ramps on all walkways to meet "Americans with Disabilities Act" standards and as approved by the City Engineer. In the event the Federal Government adopts ADA standards for street rights-of-way, which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless othemvise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. (Engineering) 63. Prior to approval of the first final map for the Project, Applicant shall enter into an agreement to fund half of the cost of constructing a pedestrian bridge connecting Village Six with Village Two over La Media Road north of Santa Venetia Street. Applicant shall further agree: a. To cooperate with the City in order to establish, concurrently with the approval of the first final "B" map within Village Six, a development impact fee program, or other fimding mechanism to the satisfaction of the City Engineer, to fund Applicant's fair share of said bridge; b. To not object to being included in any development impact fee program established to fund Applicant's said fair share; c. That the timing of the construction of said bridge shall be determined by the City and shall be a condition of approval of the first tentative map in Village Two. d. As part of the bridge design, funding and construction, a 10'- wide concrete walkway shall be provided from the Village Pathway on the north side of Santa Venetia to the bridge landing on the east side of La Media. (Planning, Engineering) 64. As directed by the Director of Planning and Building and the City Engineer, the Applicant shall construct a pedestrian bridge connecting Village Six to Village Five in the vicinity of East Palomar Street crossing over Olympic Parkway at a location directed by the Directors of Planning and Building, and Public Works. The timing of the construction of said bridge shall coincide with the improvement of East Palomar Street between Olympic Parkway and the Village Six Core. In addition, developer(s) responsible for the construction of East Palomar Street shall: a. Prior to approval of the first final map that triggers the construction of improvements of East Palomar Street, enter into an agreement to construct said bridge; b. Further agree to fund half of the cost of constructing the pedestrian bridge and shall cooperate with the City in order to establish, concurrently with the approval of the first final "B" map within Village Six, a development impact fee, or other fimding Page 14 of 42 mechanism to the satisfaction of the City Engineer to fund Developer(s') fair share of said bridge. The Applicant shall not object to being included in said development impact fee program. The developer(s) responsible for construction of East Palomar shall be solely responsible for the construction of said bridge. c. The bridge shall be constructed in a location as directed by the Directors of Planning and Building and Public Works. (Engineering, Planning) d. As part of the rough grading plan that includes the southerly bridge landing, Applicant shall submit to for approval by the Director of Public Works and the Director Buildings and Park Construction, a plan for the connection of the bridge to the Village Six Pathway along East Palomar Street and the sidewalk on Olympic Parkway trail. The Developer shall further acknowledge and agree that the connection between the Olympic Parkway sidewalk and the southerly bridge landing may require that a route through adjacent neighborhoods be established using connector trails to Olympic Parkway. 65. Prior to the approval of the first "B" map, Applicant shall provide at Applicant's own expense and to the satisfaction of the City Engineer a Pedestrian Bridge Development Impact Fee Report, that: 1) determines the construction cost estimate for the bridges; 2) establishes the DIF area of benefit; and 3) establishes the D1F amount. At the sole discretion of the City, the DevelopeRs) may submit for approval by the City Engineer an update to the existing SPA One Pedestrian Bridge Development Impact Fee Report dated November 6, 1998 that adds the Village Six project to the area of benefit and adjusts the fee as necessary and takes account of bridge design, including style, color, lighting, etc., in all cost calculations, said bridge design being the same as the bridge connecting Village One to Village Five over La Media Road. 66. The Applicant shall not install privately owned water, reclaimed water, or other utilities crossing any public street. The installation of sleeves for future construction of privately owned facilities may be allowed subject to the review and approval of the City Engineer if the following is accomplished: a. The developer enters into an agreement with the City where the developer agrees to the following: i. Apply for an encroachment permit for installation of the private facilities within the public right-of-way; and, ii. Maintain membership in an advance notice such as the USA Dig Alert Service; and, iii. Mark out any private facilities owned by the developer whenever work is performed in the area; and, Page 15 of 42 iv. The terms of this agreement shall be binding upon the successors and assigns of the developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. (Engineering) 67. Street names shall be as on the approved tentative map, or as othenvise approved by the Director of Planning and Building and City Engineer. (Planning, Engineering) 68. Prior to issuance of any grading permit based on plans proposing the creation of down slopes adjacent to public or private streets, Applicant shall obtain the City Engineer's approval of a study to determine the necessity of providing gnardrail improvements at those locations. Applicant shall construct and secure any required guardrail improvements in conjunction with the associated construction permit as determined by and to the satisfaction of the City Engineer. The guardrail shall be installed per CalTrans Traffic Manual and Roadside Design Guide requirements and American Association of State Highway and Transportation Officials (AASHTO) standards to the satisfaction of the City Engineer. (Engineering) 69. Prior to approval of each final map, Applicant shall agree to install permanent street name signs, and shall install such signs prior to the issuance of the first building permit for production homes for the applicable final map. (Engineering) 70. Applicant shall construct and secure the installation of ten permanent traffic count stations, subject to the approval of the City Engineer, as indicated below: Traffic count station Construct and secure construction prior to approval of General location La Media Road (4 count stations) Final map that triggers constmcfiun of the applicable section of La Media Road (2) Olympic Parkway (4 count stations) (1 ) Birch Road (2 count stations) Final map that hSggers construction of applicable section of Birch Road (2) (1) Prior to approval of the first "A" map, Applicant shall submit plans to the City for review and approval by the City Engineer for the count stations on Olympic Parkway. (2) The traffic count stations shall be installed at such specific locations as determined by the City Engineer during processing of the applicable improvement plans. (Engineering) GRADING AND DRAINAGE 71. The Applicant shall provide drainage improvements in accordance with the Otay Ranch Village Six SPA Preliminary Regional Drainage Study for Otay Ranch Village Six, dated July 18,2001, or as otherwise approved Study: Major Drainage Patterns and Facilities, dated AUgust 28, 2001 and Preliminary Hydrology by the Director of Public Works. The Applicant shall maintain all such drainage improvements until said improvements are formally accepted by the applicable maintenance district, or other mechanism as approved by the City. Said maintenance shall ensure that drainage facilities will continue to operate as designed. (Engineering) Page 16 of 42 72. Prior to approval of any grading permit or any other grant of approval for constructing the proposed retention/detention basins, whichever occurs earlier, the Applicant shall demonstrate that the design of the proposed retention/detention basins would reduce the 5-, ! 0-, 25-, 50- and 100-year post-development peak flows, to any natural drainage course to an amount not exceeding pre-development conditions, to the satisfaction of the City Engineer. For purposes of this paragraph, "natural drainage course" does not include any portion of Poggi Canyon which receives drainage nmoff fi.om the Project. (Engineering) 73. Storm drain systems that collect water fxom private property shall be designated private on grading and drainage and/or improvement plans to the point of connection with a public system or to the point at which storm water that is collected fi.om public street right-of-way, public park or open space areas is first introduced into the system. Downstream fi.om that point, the storm drain system shall be public. An encroachment permit shall be processed and approved by the City for private storm drains within the public right-of-way or within C.F.D. maintained Open Space lots. (Engineering) 74. Submit with grading and drainage and/or improvement plans, as applicable, hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. (Engineering) 75. Prior to the issuance of any grading permit which impacts off-site property, the applicant shall deliver to the City, a notarized letter of permission to grade and drain for all off-site grading. (Engineering) 76. Storm drain design shall conform to the requirements of the Subdivision Manual and the Grading Ordinance as may be amended from time to time. (Engineering) 77. Provide improved all-weather access with H-20 loading to all public storm drain clean-outs or as otherwise approved by the City Engineer. (Engineering) 78. Provide a minimum of 6-inch thick PCC (reinforced with g4 BAR at 18" on center each way) designed for H-20 loading and heavy broom finish for any access road with grades of 10% or greater. All other access roads must be asphalt concrete designed to carry H-20 loading. In addition, maintenance pads adjacent to the inlet structures shall be a minimum of6-inch PCC (reinforced with g4 bar at 18" on center each way) designed for H-20 loading with a heavy broom finish. (Engineering) 79. 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 Director of Planning and Building. (Engineering) 80. Grant on the appropriate final "B' map a 15 foot minimum drainage and access easement for public storm drain lines located between residential units unless otherwise directed by the Page 17 of 42 City Engineer. All other public easements shall meet City standards for required width. (Engineering) 81. Development of the subdivision shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the applicant shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with Conslruction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The Developer, and successors in interest, shall comply with all the provisions of the N.P.D.E.S. and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The applicant shall design the Project's storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. The San Diego Regional Water Quality Control Board has issued a new Municipal Storm Water Permit (Order No. 2001-01). The permit includes regulations such as implementation of Standard Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new residential development. The Applicant shall comply with all relevant City regulations and policies including, but not limited to, incorporation into the design and implementation of the Project temporary and permanent structural Best Management Practices and non-structural mitigation measures that would reduce pollution of storm water mnoff to the maximum extent practicable. (Engineering) 82. Submit to and obtain approval from the City Engineer and Director Building & Park Construction for an erosion and sedimentation control plan as part of grading plans. (Engineering, Building & Park Construction) 83. Storm drain clean outs shall not be located on slopes or in inaccessible areas for maintenance equipment. Public storm drains shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. (Engineering, Building & Park Construction) 84. Brow ditches that cross over slopes greater than 10 feet in height and steeper than 3:1 gradient shall not be allowed. Drainage shall be collected in an inlet and carded via underground storm drain to the bottom of the slope or a drain inlet connected to un underground storm drain. The applicant shall ensure that brow channels and ditches emanating from and/or running through City Open Space are not routed through private property. Brow ditches and channels from private property shall not be routed through City open space unless approved by the City Engineer. (Engineering) Page 18 of 42 85. Indicate on all affected grading plans that all wails, which are to be maintained by open space districts shall be constructed entirely within open space lots dedicated to the City. (Engineering) 86. Locate lot lines at the top of slopes except as shown on the Tentative Map or as approved by the City Engineer and Director Building & Park Construction. 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 or onto adjacent property. (Engineering, Building & Park Construction) 87. Provide a minimum of three (3) feet of flat ground access from the face of any wall to the beginning of the slope rounding for wall maintenance, unless othenvise approved by the City Engineer. (Engineering) 88. Provide a setback, as determined by the City Engineer based, on Applicant's Soils Engineer recommendations, between the property lines of the proposed lots and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped property or property owned by others. The City Engineer will not approve the creation of any lot that does not meet the required setback. (Engineering) 89. Prior to the issuance of the first grading permit for the Project the Applicant shail submit for approval by the City Engineer, a horizontal and verticai aiignment study for Birch Road from LaMedia Road to SR-125. A copy of the approved study shail be forwarded by Applicant to Caltrans and California Transportation Ventures. (Engineering) 90. Construct temporary de-silting basins to the satisfaction of the City Engineer. The exact design and location of such facilities shail be based on hydrologicai modeling and determined pursuant to direction by the City Engineer. (Engineering) 91. Developer shall submit a drainage study to the satisfaction of the City Engineer with each grading permit application showing that any interim conditions do not adversely impact downstream flows. (Engineering) 92. Prior to issuance of grading permits, applicant shall demonstrate that the grading plans are in substantial compliance with the grading concepts outlined in the Village Six SPA Plan consistent with the landform grading policies described in the City's Generai Plan. Said grading concepts will ensure that manufactured slopes are contoured to blend with and reflect adjacent slopes. (Engineering, Planning & Building) 93. Prior to the approval of the first map for the Project, or issuance of the first grading permit for the Project, whichever occurs earlier, Applicant shall enter into an agreement with the City of Chula Vista, wherein the Applicant agrees to the following: Page 19 of 42 a. Comply with the requirements of the new Municipal Storm Water Permit (Order No. 2001-01) issued by the San Diego Regional Water Quality Control Board including revision of plans as necessary. b. Indemnify, and hold harmless the City, its elected and appointed officers and employees, from and against all fines, costs, and expenses arising out of non- compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non- compliance results from any action by the Applicant, any agent or employee, subcontractors, or others. The applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. c. That the City Engineer may require incorporation of Standard Urban Storm Water Mitigation Plan (SUSMP) requirements during the implementation period preceding the adoption of the local SUSMP by the City, for all priority projects or phases of priority projects undergoing approval process, in accordance with Order No. 2001- 01, NPDES No. CAS0108758 Municipal Permit as determined by the City Engineer. d. To not protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. Such Applicant obligation may be reassigned to a Master Homeowner's Association or other appropriate Maintenance District subject to the approval of the City Engineer. (Engineering) SEWER 94. Sewer access points shall, unless otherwise approved by the City Engineer and the Director of Public Works: a. Be located at the centerline of streets or cul-de-sacs; and, b. Not be located on slopes or in inaccessible areas of maintenance equipment; and, c. Not be in the wheel tracks on Promenade Streets and higher street classifications; and, d. Meet Regional Standard Drawing M-4 (Locking) if located within intersections of Class I Collectors and above; and, e. Have improved all-weather paved 12-foot wide minimum access to withstand a H-20 vehicle load as approved by the Director of Public Works; and, Page 20 of 42 f. Be provided at all changes of alignment of grade. (Engineering) 95. Prior to the first final "A" map, the Applicant shall agree to participate and shall thereafter participate in any necessary funding for implementing a Poggi Canyon sewer trunk monitoring program, as determined by the City Engineer. The sewer trunk monitoring program shall include an analysis of the remaining capacity of the Poggi Canyon/Date-Faivre sewer system. The analysis shall demonstrate to the satisfaction of the City Engineer that sufficient capacity exists for the number of EDUs contained in all final map for the Project submitted to the City pursuant to the limits set forth in the PFFP and the memorandum fi.om the Director of Public Works entitled 'Threshold Capacity of Poggi Canyon Trtmk Sewer", dated February 19, 2001. The analysis shall include all flows, including pumped flows, entering the Poggi Canyon Trunk Sewer, not just fi'om Village Six, or from within the Poggi Canyon gravity basin. 96. The Village Six sewer improvements shall be consistent with the following technical studies: McMillin - Otay Ranch Village Six Sewer Study, dated August 2001; Addendum Summary Sewer Technical Studies for Otay Ranch Village Six, dated September 20, 2001; and the Overview of Sewer Service for the Otay Ranch Company Village Six, dated August 31, 2001. (Engineering) 97. Sewers serving 10 or less equivalent dwelling units shall have a minimum grade of 1% and/or a velocity of 2' per second, or as approved by the City Engineer. Sewer lines shall be installed as dose to perpendicular to the slope contours as possible but in no case greater than 15 degrees fi.om perpendicular to the contours. (Engineering) 98. Grant on the appropriate final "B" Map a 20-foot minimum sewer and access easement for sewer lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. (Engineering) PARKS AND OPEN SPACE 99. The Village Six Project shall satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. The Project's Neighborhood Park portion of the local park requirement shall be satisfied through the provision of a 7.0 net-acre Neighborhood Park (P-i). The remaining requirement shall be satisfied in a future Community Park through the payment of fees, dedication of land, or a combination thereof in a manner acceptable to the Director Building and Park Construction. Common useable open space (CUOS) Lots CPF-lx and R-2bx shall not receive park credit. (Building and Park Construction) Page 21 of 42 100. Developer shall satisfy its community parkland obligation in a maimer consistent with Chula Vista Municipal Code Chapter 17. The community parkland obligation will be included within a proposed community park to be located within a service radius of Village Six. The location of the community parkland obligation is subject to the approval of the Director Building and Park Construction. (Building and Park Construction) 101. Prior to approval of each final "B" Map, or prior to issuance of building permits for condominiums, community apaxtments, or stock-cooperatives not requiring the filing of a final "B" Map, the Applicant shall pay all applicable parkland acquisition and development fees (PAD Fees) and/or dedicate land to the City in accordance with C.V.M.C. Chapter 17.10, subject to the approval of the Director Building and Park Construction. (Building and Park Construction) 102. Prior to approval of the first "A" map for the Project, the applicant shall submit a letter to the Director Building and Park Construction acknowledging that the City is in the process of preparing and adopting a City-wide Parks Master Plan, and agreeing to comply with the provisions of said plan as adopted and as it affects facility and other related requirements for the Project's parks. (Building and Park Construction) 103. All local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Planning and Building Department specifications and policies. 104. Prior to the approval of the first "A" Map for the Project, Applicant shall have prepared, submitted to and received approval from the Director Building and Park Construction of a comprehensive "Project Landscape Master Plan". Such approval shall be indicated by means of the Director Building and Park Construction signature and date on said Plan. The contents of the Landscape Master Plan shall conform to the City staff checklist and include the following major components: a. Landscape Concept; b. Trail Plan; c. Wall and Fence Plan to include the previously approved noise barrier plan; d. Brush Management Plan, identifying three zones and treatment, if any; e. Maintenance Responsibility Map which delineates of private and public property and indicates the maintenance responsibility for each; f. Planting Concept Plan; and g. Master Irrigation Plan Upon request of the Director Building and Park Construction, Applicant shall update the Project's Landscape Master Plan to conform to any substantial changes made subsequent to the initial approval of the Plan. (Building andPark Construction, Planning and Building, Engineering) 105. The wall and fence plan for the Project shall be included in the Project's Landscape Master Plan and shall indicate color, materials, height and location. Materials and color used shall Page22 of 42 be compatible and all walls located in comer side-yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a decorative masom-y and/or wrought iron material. View fencing shall be provided at the ends of all other open cul-de- sacs where a sound wall is not required. All walls shall be constructed pursuant to EIR 98-01 and the Village Six SPA Plan. (Engineering, Planning, Building and Park Construction) 106. Within 90 days of approval of the applicable final "B" map, enter into a maintenance agreement and grant easements as necessary for landscaping and improvements maintained by a Homeowners Association within City right-of-way or such other public areas required by the City. (Engineering, Building and Park Construction) 107. Prior to the issuance of each grading permit for the Project, the Applicant shall prepare, obtain the approval of and secure to the satisfaction of the Director of Planning & Building all landscape, trail and irrigation slope erosion control plans. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and Grading Ordinance, as may be amended from time to time. Applicant shall install landscape, trail and irrigation slope erosion control in accordance with approved plans no later than six months from the date of issuance of the grading permit. If the work cannot be completed within the specified time, the Applicant may request an extension, which may be granted at the discretion of the Director of Planning & Building. Such a request shall be submitted for approval in writing to the Planning & Building Department sufficiently in advance of the end of the six-month timeframe to allow processing of the extension. Notwithstanding the time of installation of landscape, trail and irrigation slope erosion control, Applicant shall remain in compliance with NPDES. (Planning, Building and Park Construction) 108. Applicant shall install underground utilities to the property line of the Project's park site (P- 1) to the satisfaction of the Director Building and Park Construction and the City Engineer concurrently with the installation of underground utilities for any portion of the Project adjacent to the park site or upon request of the Parks and Recreation Director, whichever occurs earlier. (Building and Park Construction, Engineering) 109. Upon request of the Directors Building and Park Construction, Public Works and Recreation, the applicant shall enter into a Chula Vista standard three party agreement with the City of Chula Vista and design consultant(s), for the design of all aspects of the neighborhood park (P-l). The Directors Building and Park Construction, Public Works and Recreation shall have the right to select the design consultant(s), to be funded by the applicant. The cost for the consultant(s) shall be established and said amount deposited into an account prior to any work being initiated by the consultant. All design work products shall reflect the then current requirements of the City's Municipal Code, Building and Park Construction, Public Works and Recreation policies, the City of Chula Vista Landscape Manual requirements, and other requirements as deemed necessary by the Directors Building and Park Construction, Public Works and Recreation. (Building and Park Construction) 110. Prior to the issuance of a building permit for the 250~ dwelling trait for the Project, Applicant shall provide the City with either a letter of credit or a certificate of deposit naming the City Page 23 of 42 as beneficiary in the sum equal to two-thirds of the full cost of park P-1 construction, pursuant to the PAD Fees in effect at that time. The letter of credit or certificate of deposit shall be in a form acceptable to the City. The letter of credit or certificate of deposit shall he released upon applicant's fulfillment of its obligation for the park P-1 but may, upon request, be incrementally reduced in value as park construction progresses in the discretion of the Director Building and Park Construction. (Building and Park Construction) 111. Prior to approval of the first "A" Map for the Project, Applicant shall provide an Irrevocable Offer of Dedication (IOD) to the City, in a form approved by the City Attomey, for the project park site identified as (P- 1). Park site shall include public access to the satisfaction of the Director Building and Park Construction. The park net acreage and the park Parkland Dedication Ordinance (PLDO) credit to be received by the applicant is based on net usable park acreage as determined solely by Director Building and Park Construction. Upon request from the Director Building and Park Construction, Applicant shall provide an all weather access road to the park site to the satisfaction of the Fire Marshal and Chief of Police and at no cost to the City. (Building and Park Construction) 112. Prior to the Approval of the first "A" Map for the Project, Applicant shall enter into an agreement with the City wherein Applicant agrees to comply with the following schedule for commencement of construction and delivery to the City of the project's park (Po 1): a. Prior to issuance of a building permit for the 300th dwelling anit for the Project, Applicant shall have commenced construction of Project's Park (P-l), to the satisfaction of the Director Building and Park Construction. Applicant shall complete construction of the park within nine (9) months of commencement of construction. The term "complete construction" shall mean park construction has been completed according to the City approved construction plans and accepted by the Director Building and Park Construction. Furthermore "complete construction" shall mean prior to and shall not include the City's established maintenance period required prior to acceptance by the City for Public use. b. At any time the Director Building and Park Construction may, at his sole discretion, modify the neighborhood development phasing and construction sequence for the Project's park should conditions change to warrant such revision. c. The Applicant and the City shall mutually agree upon a reimbursement process and schedule regarding park P-1 costs. (Building and Park Construction) 113. Applicant shall rough grade the Project's park site (P-l) at no cost to the City, which costs shall not be credited toward the PLDO, to conform to the approved Village Six Park Master Plan to the satisfaction of the City Engineer and the Director Building and Park Construction and at no cost to the City. (Building and Park Construction, Engineering) 114. Except as provided for elsewhere in these conditions, Developer agrees that at no time shall there be a deficit in "constructed neighborhood park". Developer further agrees that the City may withhold the issuance of building permits for the Project, should said deficit occur. For Page 24 of 42 purposes of this paragraph the term "constructed neighborhood park" shall mean the construction of the park has been completed and accepted by the City as being in compliance with the Village Six Park Master Plan and the City approved construction documents, but prior to the City's required mandatory maintenance period. This is not intended to supersede any of the City's maintenance guarantee requirements. (Building and Park Construction) 115. Applicant shall submit grading and/or construction plans for that portion of View Park Way which borders Park P-1 to show that View Park Way meets elevation requirements as approved by the City Engineer and as generally shown on the School and Park Concept Plan dated February 23, 2002. Applicant acknowledges that should the Park P-1 site fail to accommodate a 7.0 net usable acre park based on the approved Village Six Park Master Plan, then the deficiency shall be provided at a location approved by the Director Building and Park Construction. Developer shall be responsible for paying one-half (1/2) of all costs of any walls, precise grading and ramps required by the City to accommodate park improvements, which costs shall not be credited towards PLDO fees, and all of which shall be built at no cost to the City of Chula Vista. (Building & Park Construction, Engineering) TRAILS 116. Prior to the approval of any final "B" map for the project containing a trail, the Applicant shall enter into an agreement to secure and construct the following trails: 1) A 6' wide neighborhood trail connector within a 12' easement from the Orinda Court cul-de-sac in R2a down to La Media Road. 2) A 6' wide neighborhood trail connector within a 12' easement from the Castaic Place cul-de-sac in R-2b down to Birch Road. 3) A 6' wide neighborhood trail connector within a 12' easement from Mount Bullion Drive in R-5 down to Olympic Parkway. Final trail design, alignment and construction details, including fencing and signage, shall be shown on grading plans and shall be subject to approval by the Director Building & Park Construction and the Director ofPlanning & Build'mg. (Building and Park Construction, Planning & Building) 117. Prior to the approval of any "B" map with open space lots for the Project, Applicant shall provide an easement to the City, in a form approved by the City Attorney, for all trail alignments. (Building & Park Conxtruction) 118. Prior to approval of the first "A" map, the applicant shall submit a letter to the Director Building & Park Construction acknowledging that the City is in the process of preparing and adopting a City-wide Greenbelt Trails Master Plan, and agreeing to comply with the provisions of said plan, and modify the project as necessary to comply and remain in compliance with the adopted Greenbelt Trails Master Plan. (Building & Park Construction) 119. Applicant shall keep any necessary retaining walls to a minimum and/or ifa grading solution can be found, retaining walls will not be used to gain additional space for the street corridor unless approved as shown on the Tentative Map. The retaining walls are to be located and Page 25 of 42 detailed on all applicable grading plans for the Project, and subject to the approval of the ' Directors of Planning and Building, Public Works and Building and Park Construction. Slopes gradients may be increased to the maximum permitted in the grading ordinance in limited locations to accommodate constraints such as maintenance access ways. Landform grading policies shall be observed and followed. Ifa combination of low retaining walls and modified landform grading cannot accommodate any constraints or maintenance access areas, the top of slope shall be adjusted, as City deems necessary. (Building and Park Construction) 120. The graded section upon which six-foot wide connector trails, located within the Project, are constructed shall be 12 feet in width. Six feet shall be provided for the trail bed, with a 2 foot graded shoulder on one side (shoulder graded at 2% max.) and a 4' graded shoulder on the side of the trail bed adjacent to the down slope (shoulder graded at 2% max.). Trail construction materials shall be subject to the approval of the Directors of Public Works and Planning and Building. (Building and Park Construction, Public Works) 121. Applicant shall obtain the approval of the Director Building and Park Construction for appropriate signage indicating location of trail connections, handicap access, and bikeway locations to the Regional Trail, Village Pathway, and Chula Vista Greenbelt. Said signage shall be included on the Landscape and Irrigation Improvement Plan. Signage shall be installed upon the request of the Director Building and Park Construction and Director of Planning and Building. (Building and Park Construction, Planning and Building) 122. Applicant agrees to comply with the current Regulatory Negotiation Committee Recommendations for Accessibility Guidelines: Outdoor Developed Areas Final Report, as may be amended from time to time, developed for: U.S. Architectural and Transportation Barriers Compliance Board when designing all trails and trail connections. (Building & Park Construction) 123. Prior to the issuance of each street construction permit for the Project, the Applicant shall prepare and secure, to the satisfaction of the City Engineer and the Director Building & Park Construction, for parkway and median landscape and irrigation plans. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and the Village Six SPA Plan, as may be amended from time to time. Applicant shall install all improvements in accordance with approved plans to the satisfaction of the Director Building & Park Construction and the City Engineer. (Building & Park Construction. Engineering) OPEN SPACE/ASSESSMENTS 124. In the event Developer wishes to request the formation of a Maintenance District or similar funding mechanism, the Developer shall submit an application packet for formation of a Community Facilities District (CFD), and submit the request for CFD formation to the City Council for consideration. The CFD shall be formed prior to approval of the first "B" map for the Project. Subject to the approval of the Director of Public Works, Developer shall submit a list of amenities, acreage and costs for all Open Space District lots including but not Page 26 of 42 limited to the cost of any detention basin maintenance and structural storm water quality BMP's within the Project. Developer shall maintain the open space improvements for a minimum period of one year or until such time as accepted into the open space district by the Director of Public Works. If Council does not approve the CFD formation, another financing mechanism such as a Master Homeowners Association, or an endowment shall be established and submitted to the City Council for consideration prior to approval of the first map Along with submission of the application package for formation of the CFD, Developer shall submit an initial cash deposit in an amount to be determined by the City Engineer to begin the process of formation of the Open Space District. All costs of formation and other costs associated with the processing of the open space relating to this project shall be borne by the Developer. The Developer shall provide all the necessary information and materials (e.g., tables, diagrams, etc.) required by the City Engineer for processing the formation of the proposed open space district. (Public Works) 125. Prior to the approval of the first final "B" Map, the developer shall: a. Submit evidence, acceptable to the City Engineer and the Director of Planning and Building of the formation of a Master Homeowner's Association (MHOA), or another financial mechanism acceptable to the City Manager. The MHOA shall be responsible for the maintenance of those landscaping improvements that are not to be included in the proposed financial mechanism. The City Engineer and the Director of Planning and Building may require that some of those improvements shall be maintained by the Open Space District. The final determination of which improvements are to be included in the Open Space District and those to be maintained by the MHOA shall be made during the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning and Building require such annexation of future tentative map areas. The MHOA formation documents shall be subject to the approval of the City Attomey; and, b. The developer shall submit for City's approval the CC&Rs, grant of easements and maintenance standards and responsibility of the MHOAs for the open space areas within the Project area. Developer shall acknowledge that the MHOAs maintenance of public open space, trails, parkways, and like areas, may expose the City to liability. Developer agrees to establish a MHOA that will hold the City harmless from any actions of the MHOA in the maintenance of such areas; and, c. Submit and obtain approval of the City Engineer and the Director of Planning and Building of a list of all Otay Ranch Village Six SPA and MHOA facilities and other items to be maintained by the proposed district. Separate lists shall be submitted for the improvements and facilities to be maintained by the Open Space District and those to be maintained by a Master Homeowner's Association. Include a description, quantity and cost per year for the perpetual maintenance of said improvements. These lists shall include but are not limited to the following facilities and improvements: Page 27 of 42 i. All facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures and landscaping. Each open space lot shall also be broken down by the number of acres of: 1) turf, 2) irrigated, and 3) non- irrigated open space to aid in the estimation of a maintenance budget thereof. ii. Medians and parkways along Olympic Parkway, La Media and Birch Road (onsite and offsite) and all other street parkways proposed for maintenance by the applicable Community Facilities District or Homeowners' Association. iii. The proportional share of any proposed detention basin (temporary or permanent) located in the Poggi Canyon Basin. iv. The proportional share of the maintenance of the median and parkways along that portion of Olympic Parkway adjoining the development as determined by the City Engineer. v. All storm-water quality structural BMP' s serving the Project. (Engineering) 126. Developer shall irrevocably offer for dedication in fee interest to the City on all applicable final maps, those open space lots shown on the tentative map to be maintained by an open space district. (Engineering) 127. Prior to the approval of each Final "B" Map, Declaration or Supplementary Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to the approval of the City Engineer. The CC&R's shall include the following obligations of the Master Homeowners Association: a. A requirement that the MHOA shall maintain comprehensive general liability insurance against liability incident to ownership or use of the following areas: i. All open space lots that shall remain private, ii. Other Master Association property. b. Before any revisions to provisions of the CC&R's that may particularly affect the City can become effective, said revisions shall be approved by the City. The MHOA shall not seek approval from the City of said revisions without the prior consent of 100 percent of the holders of first mortgages or property owners within the MHOA. c. The MHOA shall indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising fi-om the maintenance activities of the MHOA. Page 28 of 42 d. The MHOA shall not seek to be released by the City fi.om the maintenance obligations described herein without the prior consent of the City and 100 percent of the holders of first mortgages or property owners within the MI-IOA. e. The MHOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an mount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured to the satisfaction of the City Attorney. f. The CC&R's shall incorporate restrictions for each lot adjoining open space lots containing walls maintained by the open space district to ensure that the property owners know that the walls may not be modified or supplemented nor may they encroach on City property. g. The CC&R's shall include provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. h. The CC&R's shall include provisions assuring MHOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. i. The CC&R's shall include provisions that provide the City has the right but not the obligation to enforce the CC&R provisions the same as any owner in the project. j. The CC&R provisions setting forth restrictions in these Tentative map conditions may not be revised at any time without prior written permission of the City. k. The MHOA shall not dedicate or convey for public streets, land used for private streets without approval of 100% of all the HOA members or holder of first mortgages within the MHOA. 1. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall also include language which states that any proposal by the HOA to allow "speed bumps" in the future shall require prior written approval of 100% of all the Homeowners Association members. (Engineering) 128. Future property owners shall be notified during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of the MHOA and their estimated annual cost. Developer shall submit the document and obtain the approval of the City Engineer and Director of Plarming and Building prior to distribution through escrow, which approval shall not be unreasonably withheld. (Engineering, Planning and Building) 129. Lots CPF-5 and CPF-6 shall be maintained by a maintenance entity as determined by the Director of Plauning and Building based on City Council policy. The facilities in Lots CPF- 5 and CPF-6 to be maintained by a maintenance entity include, but are not limited to: pavements, sidewalks, street lights including power supply, private drainage facilities and Page 29 of 42 landscaping of private common areas. Lots CPF-5 and CPF-6, Common Usable Open Space areas as described in the Chula Vista Design Manual, shall be landscaped, graded and contain amenities to the satisfaction of the Director Building and Park Construction. Constnlction shall be completed prior to the issuance of the final building permit: a. In either Neighborhoods R-2a or R-2b for CPF-5, which ever occurs earlier; or b. In either Neighborhoods R-5 or R-9a for CPF-6, whichever occurs earlier. (Engineering, Building & Park Construction) 130. Lots CPF-5 and CPF-6 shall have a minimum usable area of 0.8 acre each and shall be maintained by the Master Home Owner's Association and will, therefore, receive CPF credit. (Engineering, Building & Park Construction) 131. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the length of any wall abutting an open space district lot, as measured from face-of-wall to beginning of slope. Said area shall be as approved by the City Engineer and the Director of Planning and Building. (Engineering, Planning and Building) 132. Developer shall ensure that all buyers of individual lots adjoining open space lots, containing walls maintained by the open space district, sign a statement, when purchasing their homes, stipulating that they are aware that the walls are on City or HOA property and that they shall not modify or supplement the wall or encroach onto the property. These restrictions shall also be incorporated in the CC&R's for all lots. (Engineering) 133. Prior to approval of each Final Map, provide proof to the satisfaction of the City Engineer and Director Building & Park Construction that all improvements located on open space lots are incorporated into and maintained by a Home Owner's Association or an Open Space District. (Engineering, Building & Park Construction) 134. The developer agrees to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within or adjacent to the subject subdivision. (Engineering) 135. Prior to issuance of any grading permit which includes permanent Landscaping and Irrigation (L&I) improvements to be installed in an open space lot to be maintained by the Community Facility District (CFD), the developer shall place a cash deposit, or other funding mechanism acceptable to the City, in the City's sole discretion, with the City which will guarantee the maintenance of the L&I improvements until the City accepts said improvements. In the event the improvements are not maintained to City standards as determined by the City Engineer and the Director Building & Park Construction, the deposit shall be used to perform the maintenance. The amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months, ("Minimum Deposit Amotmt"), as determined by the City Engineer. Any unused portion of said deposit Page 30 of 42 may be incorporated into the CFD's Reserve Account, or returned to the Developer, according to the following: a. If, six months prior to the scheduled date of acceptance of Landscape and Irrigation improvements for maintenance by the CFD, the Reserve Account is less than the Minimum Deposit Amount, the difference between these two amounts shall be incorporated into the Reserve Account, or; b. If the Reserve Account is at or above the Minimum Deposit Amount, the unused portion of the deposit may be returned to the Developer in 6 equal monthly increments over the last six month's of the maintenance period if the maintenance is being accomplished to the satisfaction of the Director Building & Park Construction. (Engineering, Building & Park Construction) WATER 136. Prior to City acceptance of any open space lots, the Developer shall demonstrate to the satisfaction of the City Engineer, that the assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the parcel(s). (Engineering) 137. Prior to approval of each Final Map, present verification to the City Engineer in the form ora letter fi.om Otay Water District that the subdivision will be provided adequate water service and long-term water storage facilities. The Applicant shall phase and install water system improvements as required by the Otay Water District. (Engineering, Planning & Building) 138. Prior to approval of each Final Map, the Applicant shall present verification to the City Engineer in the form of a letter from Otay Water District that Otay Water District is able to provide sufficient water supply pursuant to Section 66473.7 of the California Government Code, as may be amended fi.om time to time. EASEMENTS 139. Grant to the City a 10' wide easement for general utility purposes along pubhc street frontage of all open space lots offered for dedication to the City unless otherwise approved by the City Engineer. Ensure that sufficient room is available for street tree planting when locating utilities within this easement. (Engineering) 140. Indicate on all appropriate "B" Maps a reservation of easements to the future Homeowners Association for private storm drain, if any, within open space lots as directed by the City Engineer. Obtain, prior to approval of each final "B" Map, all off-site right-of-way necessary for the installation of the required improvements for that subdivision thereto. The developer shall also provide easements for all on-site and off-site public drainage facilities, sewers, maintenance roads, and any other public facilities necessary to provide service to the subject subdivision. (Engineering) Page 31 of 42 141. Grant on the applicable Final Maps sight distance easements to the City of Chula Vista for comer lots, as required by the City Engineer to keep such areas clear of any obstructions. Sight distance easements shall be shown on applicable grading plans, improvement plans, and final maps, to the satisfaction of the City Engineer. (Engineering) 142. Design landscape and irrigation plans such that street tree placement is not in conflict with the visibility of any traffic signage. The Developer shall be responsible for the removal of any obstructions of said traffic signs to the satisfaction of the City Engineer. (Engineering) 143. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any final map that proposes private utilities or drainage facilities crossing property lines as directed by the City Engineer. (Engineering) 144. Grant to City on all appropriate final "B" Map, a 2-foot access easements along the rear and side property line of lots adjoining walls to be maintained by the open space district. The locations of these easements shall be as required by the Director of Planning and Building and the City Engineer to provide adequate access for maintenance of said walls. (Engineering) 145. Storm drain easements shall be private unless the storm drain systems therein are public. (Engineering) 146. Where a private storm drain easement will parallel a public sewer easement, the easements shall be delineated separately on the final map and on the grading and improvement plans. If any portion of the easements will overlap one another, the City shall have a superior right to the common portion of the easements. (Engineering) 147. Prior to the approval of each final map, the City Engineer may require either the removal or the subordination of any easement, which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way. (Engineering) 148. The developer shall notify the City at least 60 days prior to consideration of the first map by City if any off-site right-of-way cannot be obtained as required by the Conditions of Approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the developer shall: a. Pay the full cost of acquiring off-site right-of-way and/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 and/or easements. Said estimate to be approved by the City Engineer. Page 32 of 42 c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the final map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. e. Acquire and bond for offsite fights-of-way and easements to be dedicated to the City in order to comply with the PFFP schedule. Applicant shall bond for the off-site improvements as required by the City Engineer. (Engineering 149. Grant on the final maps minimmn 15' wide easements to the City of Chula Vista as required by the City Engineer for construction and maintenance of sewer facilities. (Engineering) 150. Provide minimum 15' wide easements to the City of Chula Vista as required by the City Engineer for construction and maintenance of storm drain facilities. (Engineering) 151. Provide easements for all off-site public storm drains and sewer facilities prior to approval of each final map requiring those facilities. The easements shall be sized as required by the City of Chula Vista Standards, unless otherwise approved by the City Engineer. (Engineering) 152. Grant on all applicable final maps, easements along ail public streets within the subdivision as shown on the tentative map and in accordance with City standards unless otherwise approved by the City Engineer and the Director of Planning and Building. The City Engineer may require either the removal or the subordination of any easement, which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way. (Engineering) 153. Grant on the appropriate final map, a 20-foot minimum sewer and access easement for sewer lines located between residential units, unless otherwise required by the City Engineer. All other easements shall meet City standards for required width. (Engineering) AGREEMENTS/FINANCIAL 154. Enter into a supplemental agreement with the City, prior to approval of each Final Map, where the developer agrees to the following: a. That the City may withhold building permits for the Project if any one of the following occur: i. Regional development threshold limits set by a Chula Vista transportation phasing plan, as amended fi.om time to time, have been reached or in order to Page 33 of 42 have the Project comply with the Growth Management Program, as may be emended from time to time. ii. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. iii. The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to the 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's Director of Planning and Building and the Public Works Director. The Applicant agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch Village Six SPA if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. b. 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 Applicant of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. Permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit and provide cable television service for each lot or unit within the Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enfomeable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the final map only to those cable television companies franchised by the City of Chula Vista, the condition of such grant being that: i. Such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate the placement of such conduits; and ii. Any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and with Page 34 of 42 all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may fi.om time to time be, issued by the City of Chula Vista. Developer hereby conveys to the City of Chula Vista the authority to enfome said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. (Engineering, Planning&Building) d. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach e. Hold the City harmless fi.om any liability for erosion, siltation or increase flow of drainage resulting fi.om this project. (Engineering) 155. The Applicant shall enter into an supplemental agreement with the City prior to approval of the first final "B" Map, where the developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. (Engineering) 156. Prior to approval of each Final Map, the Applicant shall comply with all previous agreements as they pertain to this tentative map. (Engineering, Planning & Building) 157. Prior to approval of each Final Map, the Applicant shall contract with the City's current street sweeping franchisee, or other server approved by the Director of Public Works to provide street sweeping for each phase of development on a fi'equency and level of service comparable to that provided for similar areas of the City. The developer shall cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or 60 days at~er the completion of all punch list items, whichever is shorter. The developer further agrees to provide the City Special Operations Manager with a copy of the memo requesting street sweeping service, which memo shall include a map of areas to be swept and the date the sweeping will begin. (Public Works) 158. The Applicant shall be required to equitably participate in any future regional impact fee program for regional facilities should the region enact such a fee program to assist in the construction of such facilities. The Applicant shall enter into an agreement, prior to approval of the first map, with the City which states that the Applicant will not protest the formation Page 35 of 42 of any potential future regional benefit assessment district formed to finance regional facilities. (Engineering) 159. The Applicant shall enter into an agreement with the City, prior to approval of the first "A" map, to fund the cost of Chula Vista Transit's transit facilities. Said facilities, including but not limited to "transit stops" shall be designed and constructed in a manner as approved by the City's Transit Coordinator and Director of Planning and Building. (Planning and Building, Engineering) 160. Prior to approval of the applicable final map, Applicant shall construct and secure, or agree to construct and secure, the construction of transit stop facilities as set forth in the PFFP. The schedule for constructing the transit stops shall be approved or determined by the City Engineer prior to approval of the aforementioned final map. Applicant shall design, subject to the approval of the City Engineer said transit stops in conjunction with the improvement plans for the related street. The City Engineer may require that Applicant provide security guaranteeing the construction of said transit stops in a form of cash or any other form approved by the City Engineer at his/her sole discretion. Since transit service availability may not coincide with project development, the Applicant shall install said improvements when directed by the City. (Public Works/Transit) 161. No final "B" maps may be recorded within Village Six SPA area until such time that an annexable Mello Roos District, or some other financing mechanism approved by the school district, to provide for the construction of needed elementary, middle and high schools is established. (Engineering) 162. Prior to approval of the first final "A" Map for the project in order to satisfy their fair-share contribution for financing the transit system, the Applicant shall enter into an agreement with the City which states that the Applicant will not protest the formation of any potential future regional benefit assessment district formed to finance the transit system. (Engineering) 163. Prior to the approval of any final map for the Project that contains open space, the Applicant shall enter into an agreement to construct and secure open space landscape improvements within the map area. All landscape improvements shall be secured in amounts as determined by the Director Building & Park Construction and approved in form by the City Attorney. (Engineering) SCHOOLS 164. Pursuant to the Village Six Public Facilities Finance Plan, the applicant shall deliver to the Chula Vista Elementary School District, a I O-net useable acre graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, prior to issuance of the 1,050~ residential building permit (352 students) within Village Six SPA. The all-weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. (Planning and Building) Page 36 of 42 MISCELLANEOUS 165. The applicant shall install all public facilities in accordance with the Village Six Public Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold standards adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. The applicant further agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management Ordinance) as may be amended from time to time by the City. Said Chapter includes but is not limited to Threshold Standards (19.09.040) Public Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures (19.09.100). (Engineering) 166. The Applicant agrees that the maintenance and demolition of all interim facilities (public facilities, utilities and improvements) is the Applicant's responsibility, and that construction, maintenance and demolition bonds will be required to the satisfaction of the City Engineer. (Engineering) 167. Within thirty (30) days of the City Council approval of these map conditions, or prior to the submittal of the first map for the project, whichever occurs earlier, the Developer shall submit a digital drawing file of the tentative map in its approved form. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file shall combine all map sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) format and shall contain the following individual layers: a. Tentative Map Limits (closed polygons) b. Lot Lines (closed polygons) c. Street Centerlines (polylines) d. Easements (polylines) e. Street Names (annotation) f. Lot Numbers (annotation) The digital drawing file shall be submitted in accordance with the City Guidelines for Digital Submittal on 3 ½" disks or CD, as an e-mail attachment to the City Engineer Or as otherwise approved by the City Engineer. (Engineering) 168. Submit copies of all subsequent tentative maps, final maps, grading and improvement plans in a digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file of the maps shall combine all map sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) format and shall contain the following individual layers: a Tentative and/or Final Map Boundaries (closed polygons) b. Lot Lines (closed polygons) c. Street Centerlines (polylines) Page 37 of 42 d. Easements (polylines) e. Street Names (annotation) f. Lot Numbers (annotation) The tentative map, final map, grading plan and improvement plan digital files shall also conform to the City of Chula Vista Subdivision Manual requirements therefore. The digital drawing files shall be submitted in accordance with the City Guidelines for Digital Submittal on 3 ½" disks or CD, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. (Engineering) 169. Tie the boundary of the subdivision to the California State Plane Coordinate System (NAD 83, Zone 6). (Engineering) 170. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP), and as they may be amended from time to time, the Applicant shall complete the following: (1) Fund the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPA's and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. (Engineering) 171. The owners of each Village shall be responsible for retaining a project manager to coordinate the processing of discretionary permit applications originating from the private sector and submitted to the City of Chula Vista. The project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well-rounded educational background and experience, including but not limited to land use planning and architecture. (Planning and Building) 172. If Developer desires to do certain work on the property after approval of the tentative map but prior to recordation of the applicable final "B" Map, they may do so by obtaining the required approvals and permits from the City. The permits can be approved or denied by the City in accordance with the City=s Municipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., final "B" Map and improvement plans) will be approved. All work performed by the Developer prior to approval of the applicable "B" Map shall be at the developers own risk. Prior to permit issuance, the Developer shall acknowledge in writing that subsequent submittals (i.e., final "B" Map and improvement plans) may require extensive changes, at developers cost, to work done under such early permit. Prior to the issuance ora permit, the developer shall post a Page 38 of 42 bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable final "B" Map does not record. (Engineering) 173. Street parkways within the Project shall be maintained by an entity such as a Master Home Owner's Association (MHOA) or a Community Facilities District (CFD); private home owners shall not maintain the parkways. Street parkways shall be designated as recycled water use areas, if approved by the Otay Water District and San Diego County Health. 174. Prior to Applicant constructing a solid masonry, view wall or like wall which will adjoin a wall constructed by a different developer, a transition wall plan shall be submitted to the City and is subject to the approval of the Director of Planning and Building. Applicant shall work together with other developers of Village Six to the satisfaction of the Director of Planning and Building in order to construct transitions between adjoining walls. PHASING 175. Phasing approved with the SPA Plan may be amended subject to approval by the Director of Planning and Building and the City Engineer. The PFFP shall be revised where necessary to reflect the revised phasing plan. (Planning and Building, Engineering) 176. If phasing is proposed within an individual map or through multiple final maps, the developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning and Building prior to approval of any final map. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning and Building. The City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. The developer agrees that the City Engineer may change the timing of construction of the public facilities. (Engineering) 177. The Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and tentative maps with improvements installed by Applicant in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of Village Six SPA, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other Village Six SPA Plan document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the Village Six SPA's facility improvement requirements to those identified in the PFFP. Compliance with the City of Chuia Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern Village Six SPA development patterns and the facility improvement reqtfirements to serve such development. Page 39 of 42 In addition, the sequence in which improvements are constructed shall correspond to any transportation phasing plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence, schedule, alignment and design of improvement construction should conditions change to warrant such a revision. (Engineering) 178. Unless access, drainage and utilities are shown on the master Tentative Map to the satisfaction of the City Engineer and the Director o f Planning and Building, prior to approval of any final map proposing the creation of multi-family housing for the Project, including any condominium project, community apartment project, or stock cooperative, as defined in the applicable sections of the Government Code, Developer shall agree to process, and thereafter process, a subsequent tentative map for said proposed condominium, community apartment, or stock cooperative project within the Project pursuant to Section 66426 of the Subdivision Map Act, unless waived in writing by the Director of Planning and Building and the City Engineer. (Engineering, Planning & Building) CODE REQUIREMENTS 179. The Applicant 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 Ordinance and Subdivision Manual. Underground all utilities within the subdivision in accordance with Municipal Code requirements. (Engineering) 180. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. a. Signal Participation Fees. b. All applicable sewer fees, including but not limited to sewer connection fees. c. Interim SR-125 impact fee. d. Poggi Canyon Sewer Basin DIF. Pay the amount of said fees in effect at the time of issuance of building permits. (Engineering) 181. 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. (Engineering) Page 40 of 42 182. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit the disclosure form for approval by the City Engineer prior to Final Map approval. (Engineering) 183. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). (Engineering) GUARDED/GATED ENTRANCES 184. Entrances into Village Six shall not have physical barriers except on View Park Way and Magdalena Street east of East Palomar Street. Guarded entrances shall be staffed from dusk until dawn, unless the Master Home Owners Association (MHOA) or the Applicant determines it is economically impractical and submits acceptable proof to the satisfaction of the Director of Planning and Building establishing such impracticality. (Planning) 185. The gated access on Magdalena Street east of East Palomar Street shall remain open from dawn to dusk. (Planning) 186. Applicant shall install redundant override gate-opening systems on the gated access on Magdalena Street to the satisfaction of the Fire Marshal, Chief of Police and Public Works Director. (Fire, Police, Public Works) 187. The operation and design of the gate structure on Magdalena Street and guard cottage on View Park are subject to review by and approval of the Director of Planning and Building through the administrative design review process. (Planning) 188. Parks located within guarded or gated areas shall not receive park credit. (Building & Park Construction) 189. All streets within guarded areas shall be designated as private. Design of said streets shall meet the City standards for public streets unless otherwise approved by the City Engineer and as shown on the tentative map. (Engineering, Planning) 190. All private streets within Final "B" Maps shall be included in separate lots. The Applicant shall provide a certificate granting to the City a public utility easement over the entire private street lots on the appropriate Final "B" Map. All private streets shall be owned as an equal and undivided interest by each subsequent property owner within the subdivision. (Engineering) 191. The design of guarded entrances shall: Page 41 of 42 a. Require approval by the City Engineer and the Director of Planning and Building. b. Provide sufficient room on the private roadway to queue without interrupting traffic on public streets. c. Provide a turn-around. The size and location of said turn-around shall be approved by the City Engineer. d. Provide a clearly delineated border between public and private streets through the use of distinctive pavements or entry features. e. Provide a dedicated parking space for the gate attendant to be shown on appropriate grading and/or improvement plans, which is to be retained as a parking space for so long as the guarded entrance is in place. Be equipped with a video camera to record entering and exiting vehicles. (Engineering, Planning) 192. Developer shall establish a Homeowners Associations (HOA) to provide for the maintenance of private open space lots, slope areas, landscape and irrigation and walls within each subdivision prior to the approval of the associated final "B" maps. Submit and obtain approval by the Director of Planning and Building and the City Engineer of the proposed CC&R's for each subdivision prior to the approval of the corresponding final map. (Planning, Engineering) 193. The MHOA shall be responsible for the maintenance and operation of all facilities within the common areas and streets behind the guarded and gated entrances. The facilities to be maintained include, but are not limited to: pavements, sidewalks, street trees, street lights including power supply, street sweeping, private drainage facilities and landscaping of private common areas. The only facilities, which will be maintained by the City are mainline sewers and public drainage facilities (i.e., pipes, inlets, clean-outs and catch basins) which convey drainage from public areas. (Engineering) H:~PLANNING~Otay_RanchWillage _6W6_TM_St u fI~ORC's_TI~ORC V6 TM Conditions.doc Page 42 of 42