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HomeMy WebLinkAboutReso 2002-175 RESOLUTION N~. 2002-175 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TENTATIVE SUBDIVISION MAP AND CONDITIONS OF APPROVAL FOR SAN MIGUEL RANCH LOT 5, CHULA VISTA TRACT 02-08 I. RECITALS A. Project Site WHEREAS, the area of land which i~, the subject matter of this resolution is diagrammatically represented in Exhibit 1, attac ~ed hereto and incorporated herein by this reference, and commonly known as the San Mig~ tel Ranch Lot 5 Tentative Subdivision Map, Chula Vista Tract 02-08; and for the purpose of general description herein consists of 22.39 gross acres located northwest of the future inteJ section of Proctor Valley Road and Mount Miguel Road, in the San Miguel Ranch Planned Ce a~munity ("Project Site"); and B. Project; Application for Discretionary Appr )val WHEREAS, on January 23, 2002, Pardee 2onstruction Company ("Developer") filed a tentative subdivision map application with the Pla~ ming and Building Depa~hnent of the City of Chula Vista requesting approval of the Tentative ~ubdivision Map for San Miguel Ranch Lot 5, Chula Vista Tract 02-08 in order to subdivide th,: Project Site into one-hundred seven (107) single-family residential lots; and 14 open space lc ts ("Project"); and C. Prior Discretionary Approvals WHEREAS, the development of the Proje, :t Site has been the subject matter of various entitlements and agreements, including: 1) a Gene] al Plan Amendment ("GPA") 96-01 and San Miguel Ranch Amended Horseshoe Bend Gener d Development Plan ("GDP") PCM 96-05 previously approved by City Council Resolution ~ Io. 18532 on December 17, 1996; 2) the San Miguel Ranch Sectional Planning Area Plan ("SP. [") PCM 96-04 previously approved by City Council Resolution 19631 on October 19, 1999; 2) San Miguel Ranch Planned Community District Regulations; 3) San Miguel Ranch Desi ;n Guidelines; 4) San Miguel Ranch Public Facilities Financing Plan; 5) San Miguel Ranch ~ffordable Housing Program; 6) Air Quality Improvement Plan (AQIP); 7) San Miguel Ranc]l Water Conservation Plan (WCP); and all previously approved by City Council Resolution N >.19631, and Ordinance 2799 on October 19, 1999; and the San Miguel Ranch (Mastqr) Tentati~ e Map CVT 99-04, approved by City Council Resolution 2000-068 on February 29, 2000; and S m Miguel Ranch A-Map No. 1 Supplemental Subdivision Improvement Agreement approved Dy Council August 7, 2001, per Resolution 2001-259; and WHEREAS, the City Council, in the environmental review of said SPA Plan and Tentative Subdivision Map, and related documents, relied on the Final Subsequent Environmental Impact Report for San Miguel Ranch No. FSEIR-97-02 (Third Tier EIR), previously approved by City Council Resolution No.19630; and WHEREAS, the Tentative Subdivision M~p is a subsequent activity in the program of development, environmentally evaluated under FSEIR 97-02, that is virtually identical in all Resolution 2002-175 Page 2 relevant respects including lot size and configuration, number of lots and dwelling units, roadway facilities, to the Project descriptions in said former environmental evaluation; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on May 8, 2002, and, after hearing staff presentation and public testimony, voted 5-0-2 to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below. E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on May 28, 2002, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and WHEREAS, the City Clerk set the time and place for a hearing on said tentative subdivision map application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundary of the Project at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on May 28, 2002, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on May 8, 2002, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COMPLIANCE WITH CEQA On October 19, 1999, the City Council of the City of Chula Vista previously reviewed, analyzed, considered, and certified FSEIR-97-02 (Final Subsequent Environmental Impact Report for San Miguel Ranch SPA). IV. CEQA FINDINGS REGARDING PROJECT WITHIN SCOPE OF PRIOR SUBSEQUENT EIR The City Council hereby finds that (1) the Environmental Review Coordinator has reviewed the Tentative Map and determined pursuant to Section 15162 of the CEQA Guidelines that the Project is in substantial conformance with the Project analyzed in FSEIR 97-02 and Resolution 2002-175 Page 3 related environmental documents; and i(2) the Tentative Map will not result in any new environmental effects that were not p~eviously identified, nor would the Project result in a substantial increase in severity in any impacts~ previously identified; and (3) no further environmental analysis is required. V. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice tO the extent required by law, that this Project was fully described and analyzed and was within the scope of FSEIR 97-02 which adequately described the activity for the purposes of CEQA. VI. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map ~ts conditioned herein for San Miguel Ranch, Lot 5, Chula Vista Tract No. 02-08 is in conformance with the goals, objectives, policies, programs and land uses described in the elements of the City's General Plan, based on the following: a. Land Use The San Miguel Ranch Amended Horseshoe Bend GDP identifies the Project Site as Low-Medium Residential (3-6 :du/acre). The San Miguel Ranch Sectional Planning Area (SPA) plan idenfifie~ the Project site as Planning Area D with a development potential of, 116 sing[e-family dwelling units at a density of 5.2 dwelling units per acre. !The proposed tentative map requests 107 single-family dwelling units at a density of 4.8 dwelling units per acre. Thus, the Project in substantial compliance with the land use and permitted density of the San Miguel Ranch Amended Horseshoe Bend GDP and San Miguel Ranch SPA. The Project proposes single-family ~evelopme~It on a site which is adjacent to single-family residential development 0n the westi east and south and multi-family development on the north, and therefore the Project is compatible with the adjacent land uses in the surrounding area. The Project also has obtained apprgval of a site plan which established property development standards, ~rchitectural and landscaping design standards for the Project. Thus, the design of the Pkoject, as conditioned, complements with the land uses in the surrounding area. b. Circulation All on-site and off-site public streets required to serve the subdivision will be constructed per City design standards in accordance with this Project, the San Miguel Ranch Master Tentative Map and San Miguel Ranch Public Facilities Financing Plan. c. Housing The San Miguel Ranch Master Planned Community offers a variety of residential uses ranging from Low Density Residential (1-3 alu/acre) to Medium-High Density Residential (11-18 du/acre)i The Project site is proposed to be developed Resolution 2002-175 Page 4 with Low-Medium Density single family msidentiai uses at 4.8 dwelling units per acre. As a portion of the San Miguel Ranch Planned Community, this Project is subject to the San Miguel Ranch Affordable Housing Agreement approved on August 7, 2001, which implements the San Miguel Ranch Affordable Housing Program. This Program contains requirements for provision of affordable housing by the Master Developer for low and moderate income households. d. Conservation The Final Stibsequent Environmental Impact Report FSEIR 97-02 addressed the goals and policies of the Conservation Element and found the development of the site to be consistent with the goals and policies of the Conservation Element. e. Parks and Recreation, Open Space The San Miguel Ranch Master Tentative Subdivision Map CVT 99-04, approved February 29, 2000, provides a community park, private neighborhood park, private useable open space as well as biological preserves, and regional as well as community equestrian and pedestrian trails consistent with the General Plan, San Miguel Ranch Amended Horseshoe Bend General Development Plan and San Miguel Ranch SPA goals and objectives. This Project implements park and recreation requirements of the San Miguel Ranch SPA by reserving an open space lot at the intersection of Proctor Valley Road and Mount Miguel Road for provision of a future primary Project entry and pedestrian trail connection. f. Seismic Safety A geo-technical study has been prepared, and conditions of approval have been included which ensure that the proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan. g. Safety The Fire and Police Department have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal as conditioned will provide necessary improvements such as access roads, street names and addresses, sprinkler systems, and fire hydrants. h. Noise Noise mitigation measures included in the Final Subsequent Environmental Impact Report FSEIR-97-02 and conditions of approval contained herein adequately address the noise policies of the General Plan. The Project has been conditioned to require that ail dwelling units be designed to preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA for all outside private yard areas. i. Scenic Highway This Project Site is not located adjacent to a designated scenic highway. Resolution 2002-175 Page 5 j. Bicycle Routes The San Miguel Ranch Master Tentative Map CVT 99-04 contains provisions for establishing bicycle lanes on the adjacent residential collector streets and Mount Miguel Road. In addition, the public streets within the Project are of adequate width to accommodate bicycle travel~within the interior of the subdivision. k. Public Buildings No public buildings are proposed on the ProJect Site. The ProJect ~s subject to Residential Construction Tax fees prior to issuance of building permits. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. ' I C. The configuration, orientation and topography of the site partially allows for the optimum siting ' ' ~ .... of lots for pass,ye or natural heatutg and cooling oppormmt~es as reqmred by Government Code Section 66473.1. D. The site is physically suitable for the proposed type and density of residential development because the site is graded and level, and all public services and facilities will be provided to serve the Project, prior to ~or concurrent with development of the Project. The Project design is consistent with the re~tuirements of the General Plan Land Use Element, the Project's approved GDP and SPA, and the proposal conforms to all standards established by the City for such Projects. , E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. VII. GENERAL CONDITIONS OF APPROVAL Should conflicting wording or standards occur within these conditions of approval, any conflict shall be resolved by the City Manager or designee. The approval of the foregoing Tentative Subdivision Map, which is stated to be canditioned on "General Conditions", is hereby conditioned as follows: A. Project Site is Improved with Project Developer, or their successors inlintemst, sllall improve the Project Site with the Project as described in the San Miguel Ranch LOt 5 Tentative Subdivision Map, Chula Vista Tract No. 02-08, except as modified by this Resolution. B. Implement Mitigation Measures Resolution 2002-175 Page 6 Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Subsequent Environmental Impact Report for San Miguel Ranch (FSEIR 97-02). Any such measures pertaining to the project, not satisfied by a specific condition of this Resolution or by Project design shall be implemented to the satisfaction of the Director of Planning and Building. Mitigation Measures shall be monitored via the Mitigation Monitoring Program approved in conjunction with the above FSEIR. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in the circumstances warrant such revision. C. Implement Previously Adopted Conditions of Approval Pertinent to Project Unless otherwise conditioned, developer shall comply with all applicable conditions of approval of the San Miguel Ranch Master Tentative Map, Chula Vista Tract 99-04, established by Resolution No. 2000-068 and approved by Council on February 29, 2000, as such pertain to the p.r.oject, and shall remain in compliance with and implement the terms, conditions and prows~ons of the Amended Horseshoe Bend General Development Plan, San Miguel Ranch Sectional Planning Area (SPA) plan. D. Implement Public Facilities Financing Plan Developer shall install Public facilities, as such pertain to the project, in accordance with the San Miguel Ranch Public Facilities Financing Plan, as may be amended from time to time, or as required by the City Engineer to meet the Growth Management threshold standards adopted by the City of Chula Vista. The City Engineer and Planning and Building Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such modifications. E. Design Approval The Developer shall develop the Project in accordance with the applicable San Miguel Ranch Planned Community District Regulations and Design Guidelines, and the project shall be submitted for review and approval under the City's Design Review process prior to submittal of the first building permit applications. VIII SPECIAL CONDITIONS OF APPROVAL 1. Unless otherwise specified or required by law: (a) the conditions set forth below shall be completed prior to the first final map for the Project as determined by the Director of Planning and Building and the City Engineer 00) unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the Developer 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. GRADING AND DRAINAGE Resolution 2002-175 Page 7 2. Developer shall comply with the following: (a.)The 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 fo~ 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; (b.) 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 Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities; (c.)The SWPPP shall inqlude both construction and post construction pollution prevention and pollution ~ontrol measures and shall identify funding mechanisms for post construction control measures; (d.)Comply with all the provisions of the N.P.D.E.S. and the Clean Water Program during and after iall phases of the development process, including but not limited to: mass gmdingi rough gr0ding, construction of street and landscaping improvements, and construction of dwelling units; (e.)Design the Project's storm drains and other drainage facilities to include Best Management Practices to mirdmize non-point source pollution, satisfactory to the City Engineer; (f.)Acknowiedge that the San Dieg9 Regional Water Quality Control Board has issued a new Municipal Storm Water Permit (Order No. 2001-01) and that the permit includes regulations such as implementation of Standard Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new residential development; (g.)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-stmctural mitigation measures thati would reduce pollution of storm water runoff to the maximum extent practicable; (h.)Detail water quality treatment improvements to the satisfaction of the City Engineer on the grading glans for th9 Project. (Engineering) 3. Prior to the approval ofi the first map for the Project, or issuance of the first grading permit for the Project, whichever occurs earlier, Developer shall enter into an agreement with the City of Chula Vista, wherein the Developer agrees to the following: Resolution 2002-175 Page 8 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 Developer, any agent or employee, subcontractors, or others. The Developer'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 Developer obligation may be reassigned to a Master Homeowner's Association or other appropriate Maintenance District subject to the approval of the City Engineer. (Engineering) WATER 4. Do 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 Resolution 2002-175 Page 9 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) 5. Developer shall comply with all [equiremeuts, as such pertain to the project, of the San Miguel Ranch Water Conservation Plan approved on October 19, 1999, and any subsequent amendments approved by the City CoUncil. (Planning and Building, Engineering, Building and Park Construction) 6. Prior to approval of each final map, present.verification to the City Engineer in the form of a letter from Otay Water District thatI Otay Water District is able to provide sufficient water supply pursuant to Section 66473.7 of the California Government Code, as may be amended from time to time. SEWER 7. Developer shall eliminate manhole #15 as shown on the tentative map and provide a vertical curve for the proposed sewer line between lots 36 and 37, and shall install a new manhole in Proctor Valley Road such that the sewer line from Calle Femando does not require a horizontal curve, all to the satisfaction ofithe City Er~gineer. OPEN SPACE/ASSESSMENTS 8. Prior to approval of the first ritual map for the Project, Developer shall enter into an agreement with the City of Chula Vista, wherein Developer acknowledges and agrees: a. Concurrent with the submittal of grading plans, the applicant shall prepare and submit to the City Engineer and Director of Planning and Building, Landscape Master Plan and Landscape Erosion Control Plans for the Project. Developer shall obtain approval of all such plans prior to the issuance of initial grading permits for the Project.I Such approval shall be indicated by means of the Director of Building and Park Construction signature and date on said plan. All plans shall be prepared in accordance with the Chula Vista Landscape Manual and Section V-15 of the San Miguel Ranch SPA Design Guidelines. b. A comprehensive wall plOn indicating color, materials, height and location shall be reviewed and approved by the Director of Planning and Building prior to issuance of the initial grading permit. The wall plan shall also include details such as accurate dimensions, complete cross-sections showing required noise walls, adjacent grading, ~andscaping, road/trail/sidewalk improvements, and the location of typical residential structures. Materials and color used shall 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 masonry and/or wrought iron material. Any combination free standing/retaining walls shall not exceed 9;0 feet in height. The applicant shall submit a detail Resolution 2002-175 Page 10 and/or cross section of the maximum/minimum conditions for all "combination walls" which include retaining and free standing walls, as part of said wall plan. c. The noise walls required by the San Miguel Ranch FSEIR shall be included on the rough grading plan, and installed to the satisfaction of the Director of Planning and Building, in conjunction with rough grading for the Project. All dwelling units shall be designed to preclude interior noise levels over 45 dBA and exterior noise levels over 65 dBA for all outside private yard areas. (Planning & Building, Building & Park Construction) 9. Prior to the City acceptance of public improvements for any portion of the Project, Developer shall install or cause to be installed, the landscape planting and irrigation, and neighborhood wall and fencing improvements for Open Space Lots (letter lots within the tentative map) within the Project, to the satisfaction of the Director of Park and Building Construction and Director of Planning and Building. (Building and Park Construction, Planning and Building, Engineering, Public Works) AGREEMENTS/FINANCIAL 10. Developer acknowledges and agrees that approval of the final map and issuance of any building permits for this Project are contingent upon satisfaction of all applicable conditions of the San Miguel Ranch Master Tentative Map CVT 99-04, and the San Miguel Ranch Phase I, II, and IV Final Map Supplemental Subdivision Improvement Agreement approved by City Council Resolution 2001-259 on 8/7/01. (Building and Park Construction, Planning and Building) 11. Prior to approval of the first final map for the Project, Developer shall enter into an agreement with the City of Chnla Vista, wherein Developer acknowledges and agrees that issuance of building permits and approval of a final map for this Project is contingent upon satisfaction of all applicable requirements of the San Miguel Ranch Affordable Housing Agreement (approved by City Council on August 7, 2001 by City Council Resolution 2001-258) by the Master Developer NNP-Trimark Pacific Homes. (Community Development, Planning and Building). 12. Prior to approval of the first final map for the Project, Developer shall enter into an agreement with the City of Chula Vista, wherein Developer acknowledges and agrees that pursuant to the San Miguel Ranch Project's Master Tentative Map, Chula Vista Tract 99-04 approved February 29, 2000 and amended December 17, 2001, the San Miguel Ranch Master Planned Community Project is limited to construction within the areas east of SR-125 only (Phase areas I, II and/or IV as set forth in the adopted San Miguel Ranch SPA Plan and Public Facilities Financing Plan.) of not more than 892 EDUs prior to the construction of SR-125. The EDU's shall be calculated per the methodology stated in the "East H Street Focus Capacity Analysis 1999-2005" study prepared by Willdan Associates, dated June 8, 1999. This Project site is a portion of Phase I of the San Miguel Ranch Project. (Engineering) 13. 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 the first final map. The phasing plan shall include: Resolution 2002-175 Page 11 a. A plan showing the phase lines and phase numbers and number of dwelling units required in each phase; b. A table showing the phase number mad number of dwelling units included in each phase. 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 conditionally approve each £mal map and require improvemems, facilities and/or dedications as necessary to provide adequate circulation, and to meet the requirements of police and fire depmhuems. The City Engineer and Planning and Building Director may at their discretion, modify the sequence of improvement construction should conditions change to warrant such revision(s). 14. 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 from time to time, have been reached or in order to have the Project comply with the Growth Management Program, as may be amended 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 oJf 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 Developer agrees that the City may withhold building permits for any of the phases of d~velopment identified in the Public Facilities Financing Plan (PFFP) for the San Miguel Ranch SPA if the required public facilities, as identified in the PFFP 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 agems, 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 Resolution 2002-175 Page 12 Developer 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 enforceable 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 all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Developer hereby conveys to the City of Chula Vista the authority to enforce 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. 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 from any liability for erosion, siltation or increase flow of drainage resulting from this Project. (Engineering) MISCELLANEOUS 15. The Developer shall create a Homeowner's Association, or annex the Project site to the San Miguel Ranch Master Homeowner's Association ("MHOA"), to own and maintain in a .professional manner landscaping, open space areas, medians, parkways, or any other common improvement specified in the Declaration of Covenants, Conditions and Restrictions (CC&R's) and/or required by the City of Chula Vista (Building and Park Construction, Planning and Building). 16. The Developer shall comply with the Fire Department's codes and policies for Fire Prevention, as may be amended from time to time. The Developer 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: Resolution 2002-175 Page 13 a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Department. '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 De~partment of Public Works and Fire Depathnent. 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) 17. Prior to approval of the first final map, the Developer shall obtain Zoning Administrator Design Review approval, including mitigation measures relate, to-site improvements for the development of the project. The following minimum lot dimensions and lot areas are established by this condition for the Project. The minimum lot design standards for the subdivision are as follows: i) Minimum lot width is 47 feet; .... ii) Minimum lot depth is 83 feet; iii) Minimum lot frontage on cul-de-sacs and knuckles is 35 feet. iv) Minimum lot area is 4,000 square feet. v) Minimum level pad area is 4,000 square feet. IX. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they'are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all Certificates of occupancy 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. No vested fights are gained by Developer or a successor in interest by the City's approval of this Resolution. X. 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 eve~ term, provision and condition herein stated; and that in the event that any one or more terms, ~provision, or conditions are determined by a Court of competent jurisdiction top be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Resolution 2002-175 Page 14 Presented by Approved as to form by J~ M. Kaheny d~,~ Planning and Building Director d.~fty Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 28th day of May, 2002, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Hogon, Mayd~ ATFEST: Donha Norris, ~ssistant 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. 2002-175 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 28th day of May, 2002. Executed this 28th day of May, 2002. Donna Norris, .~[-ssistant City C}~k