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HomeMy WebLinkAboutReso 2002-533 RESOLUTION NO. 2002-533 RESOLUTION OF ~ CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR VILLAGE ONE WEST OF THE OTAY RANCH, SECTIONAL PLANNING AREA ONE PLAN, CHULA VISTA TRACT 98-06B WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached hereto and described on Chula Vista Tract 98-06B, and is commonly known as Village One West (South), ("Property"); and WHEREAS, a duly verified application for the subdivision of the Property in the form of a tentative subdivision map known as "Tentative Map, Otay Ranch Village One West R-59 & R-60, Chula Vista Tract 98-06B" was filed with the City of Chula Vista Planning and Building Deparmaent on April 11, 2002 by Otay Project, L. P., ("Applicant"); and WHEREAS, the application requests the approval for the subdivision of approximately 15.26 acres located west of Heritage Road, north of Olympic Parkway, south of East Palomar Street, and east of the Santa Sierra Drive in the area known as Otay Ranch Village One West (South) into 92 residential lots, 2 private street lots and 10 private open space lots for a total of 104 lots; and WHEREAS, the development of the Property has been the subject matter of the Otay - Ranch General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact Report No. 90-01, SCH g9010154 ("Program FEIR 90-01"); and WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286, and as amended on February 16, 1999 by Resolution No. 19375, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH g941011M6 ("FEIR 95-01"), and the amended Otay Ranch SPA One Plan Final Environmental Impact Report No. 97-03, SCH g97091079 ("FEIR 97-03"); and WHEREAS, the Applicant flied an amendment to the Otay Ranch SPA One Plan, (PCM-03-01), and said amendment was approved by the City Council on December 17, 2002 by Resolution No. 2002-532; and WHEREAS, the City's Environmental Review Coordinator has reviewed the Project for compliance with the California Environmental Quality Act and has determined that the project was covered in previously adopted FEIR 95-01 and FEIR 97-03. The Environmental Review Coordinator determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 and 15163 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to FEIR 95-01and FEIR 97-03 in accordance with State CEQA Guidelines Section 15164 and adopted adopted pursuant to Resolution No.2002-532 (GPA-03-01); and Resolution 2002-533 Page 2 WHEREAS, the Planning Commission set the time and place for a hearing on said "Tentative Map, Otay Ranch Village One West R-59 & R-60, Chula Vista Tract 98-06B", (PCS-02-09) 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 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on December 11, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. WHEREAS, by a vote of 6-0 the Planning Commission approved the project; and WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on proposed "Tentative Map, Otay Ranch Village One West R-59 & R-60, Chula Vista Tract 98-06B", (PCS-02-09); and 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 hearing held on December 11, 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 Caiifomia Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby adopts the "Tentative Map, Otay Ranch Village One West R-59 & R-60, Chula Vista Tract 98-06B", (PCS-02-09) identified as Exhibit "C", in this resolution, finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One 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. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby found that the Project, as described and analyzed in the Otay Ranch GDP Program FEIR-90-01, original Otay Ranch SPA One FEIR 95-01, subsequent Otay Ranch SPA One FEIR 97-03, and Addendum thereto, would have no new effects that were not examined in the preceding Otay Ranch GDP Program FEIR-90-01, Otay Ranch SPA One FEIR-95-01, and subsequent SPA One FEIR-97-03 [Guideline 15168 (c)(2)]; and IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby found that: (1) there were no changes in the Project from the GDP Program EIR-90-01, original SPA One Plan FEIR-95-01 and subsequent SPA One Plan FEIR-97-03 which would require revisions of said reports; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous reports; (3) and no new information of substantial importance to the Project has become available since the issuance and approval of the prior reports; and that, therefore, no new effects Resolution 2002-533 Page 3 - could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the Program EIR and FEIR's, and adopted Addendum thereto [Guideline 15168 (c)(2) and 15162 (a)]. V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council found that the Addendum prepared to Otay Ranch SPA One FEIR-95-01 and FEIR-97-03, identified as Exhibit "B' attached to Resolution No. 2002-531 (GPA-03-01) reflected the independent judgment of the City Council of the City of Chula Vista. VI. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES The City Council m-adopted and incorporated as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Otay Ranch GDP Program FEIR 90-01, Otay Ranch SPA One FEIR 95-01, and amended Otay Ranch SPA One FEIR 97-03. VI1. 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 is within the scope of the GDP FEIR (90-01), the original SPA One Plan FEIR (95-01), and the subsequent SPA One Plan FEIR (97-03) adequately - describes and analyzes this project for the purposes of CEQA [Guideline 15168 (e)]. VIII. TENTATIVE SUBDIVISION MAP FINDINGS Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Otay Ranch Village One West (South) "Tentative Map, Otay Ranch Village One West R-59 & R-60, Chula Vista Tract 98-06B", (PCS-02-09) as conditioned, attached as Exhibit "B", herein for Applicant, is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Sectional Planning Area One Plan as amended, based on the following: 1. Land Use The Project is in a planned community that provides s'mgle-family residential uses, parkland uses, school uses, and open space. The Project is also consistent with General Plan, Otay Ranch GDP, and Otay Ranch SPA One Plan policies related to grading and landforms. 2. Circulation 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 Otay Ranch SPA One Plan. The Applicant shall construct those facilities in accordance with City and Otay Ranch SPA One Plan standards. 3. Housing Resolution 2002-533 Page 4 An affordable housing agreement between the City and The Otay Ranch Company (Master Developer) has been executed and is applicable to subject Project providing for low and moderate-income households. 4. Parks, Recreation and Open Space Parks, recreation and open space obligations will be conditioned under said Tentative Map conditions. Construction of Park and open space and programmable recreation facilities are the responsibility of the Applicant. 5. Conservation The Program EIR and FEIR's 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 and policies. The Otay Ranch Phase Two Resource Management Plan requires conveyance of 1.18 acres of land to the Otay Ranch Preserve for every one-acre of developed land prior to approval of any Final Map. 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 SPA One 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 may include noise attenuation walls under review in an acoustic study currently being 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 (formerly Orange Avenue) the only General Plan, GDP/SRP scenic highways adjacent to the Project. 11. Bicycle Routes Resolution 2002-533 Page 5 _ The Project is required to provide on-site bicycle routes on East Palomar Street, Heritage Road, and Olympic Parkway as indicated in the regional circulation system of the General Plan and the Otay Ranch GDP. 12. Public Buildings 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 heroin 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 developroent. IX. CONSISTENCY WITH THE GENERAL PLAN The proposed Project is consistent with the General Plan for the following reasons: A. THE PROPOSED AMENDMENT IS IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Otay Ranch SPA One potion of Otay Ranch Village One West approving "Tentative Map, Otay Ranch Village One West R-59 & R-60, Chula Vista Tract 98-06B", (PCS-02-09) reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Chula Vista General Plan, Otay Ranch General Development Plan and - Otay Ranch SPA One Plan. The elementary school site in Village One West was added to the City's General Plan and Otay Ranch General Development Plan in the event that the primary school site identified in the nearby Sunbow Planned Community was unavailable. The Chula Vista Elementary School District (C.V.E.S.D.) has purchased the Sunbow site and determined that the Village One West site is no longer needed. B. THE PROPOSED AMENDMENT WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE 1NVOLVED SECTIONAL PI.3.NNING AREA. The proposed Tentative Map, "Tentative Map, Otay Ranch Village One West R-59 & R-60, Chula Vista Tract 98-06B", (PCS-02-09) implements the Otay Ranch SPA One requirements and maintains provisions and requirements to ensure the orderly, phased development of the project. The underlying land use in Village One West is identified as single- family residential as described in the Otay Ranch SPA One document. C. THE PROPOSED AMENDMENTS WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch are designed with an underlying land use in place in the event of the relocation or deletion of public facilities such as schools. The elementary school site in nearby Sunbow will serve the project residents, as required by the General Plan and Otay Ranch General Development Plan. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The proposed plan closely follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the Resolution 2002-533 Page 6 provision of mitigation measures specified in the Otay Ranch Final Environmental Impact Report (FEIR-95-01) and (FEIR-97-03). X. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "B", attached hereto. XI. APPROVAL OF TENTATIVE SUBDIVISION MAP The City Council does hereby approve the Project subject to the conditions set forth in Section VI and Section X listed above and based upon the findings and determinations on the record for this Project. XII. 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. XIII. 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 force and effect ab initio. Presented by Approved as to form by e 'rt~'an uilding Directo~ Jc° A~o~y~-~ Resolution 2002-533 Page 7 - PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of December, 2002, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas, McCann and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUN'I~ OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2002-533 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of December, 2002. Executed this 17th day of December, 2002. Susan Bigelow, City Clerk / - RANCHO REY sm~E RIDGE 5UNBOW II FUTURE SCHOOL R55 LOCATION CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION:  APPLIDANT:OTAYPF~OJECI~,L.F~ TENTATIVE SUBDIVISION MAP ADDREss:PROJECT R59/R60OTAY RANCH VILLAGE ONE, WEST Request: Proposal to revise tentative map and SPA amendment to develop 92 single family residential SCALE: I FILE NUMBER: lots on 15.~cres. NORTH No Scale PCS-02-09 Related Case(s): IS-03-001, PCS-98-06A j:\home\p)anning\cherrylc\locators\pcs0209.cdr 07.09.02 EXHI~,IT "A" Exhibit "B" Village One West (South) Revised Tentative Subdivision Map (C:V.T. 98-06B) 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 co!aflict shall be resolved by the City Manager or designee. GENERAL/PRELIMINARY 1. Comply with all requirements and guidelines of the SPA One Parks, Recreation Open Space and Trails Plan, Public Facilities Finance Plan, Ranch Wide Affordable Housing Plan, SPA One 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. 2. Ali 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". 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, or further condition the subsequent approvals that are derived from 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. 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 from 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. 5. The applicant shall comply with all applicable SPA One conditions of approval, as may be amended from time to time. 6. Any and all agreements that the applicant is required to enter in hereunder, shall be in a form approved by the City Attorney. 7. The terms, conditions and time limits associated with this tentative map shall be consistent with the Development Agreement approved by Ordinance No. 2679 by the City Council on July 16, 1996 ("Development Agreement") and as amended on October 22, 1996. 8. 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"). ENVIRONMENTAL 9. The applicant shall implement all applicable mitigation measures identified in EIR 95-01, subsequent EIR 97-03, the CEQA Findings of Fact for this Project (on file in the City Clerk's Office) and the Mitigation Monitoring and Reporting Program (on file in the City Clerk's Office). 10. Prior to the approval of each final "B" Map, the applicant shall comply with all applicable requirements of the Phase 2 Resource Management Plan (RMP) as approved by the City Council on June 4, 1996 and as may be amended from time to time by the City. 11. Prior to the approval of each final "B" Map, the applicant shall comply with the Otay Ranch Resource Preserve Conveyance Plan. 12. The Applicant shall comply with any applicable requirements of the California Department offish and Game; the U.S. Department ofFish and Wildlife and the U.S. Army Corps of Engineers· 13. All on-site locations of vernal pools and Otay Tarplant shall be depicted on all grading plans as sensitive areas, and if to be preserved, shall be preserved in perpetuity, and shall be appropriately fenced and buffered. The location and preservation of these resources shall be verified by a qualified biologist to the satisfaction of the Environmental Review Coordinator. · The applicant shall not "take" the Otay Tarplant or disturb the vernal pools until such time as authorization for such action, if necessary, is obtained from the appropriate resource agency. SPECIAL CONDITIONS OF APPROVAL 14. 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". 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. 15. 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. Construction of non-backbone streets adjacent to multiple-family lots will not need to be bonded for with the final "A" map, which created such lot. However, such improvements will be required to be constructed under the Municipal Code provisions requiring construction of street improvements under the design review and building issuance permit processes. 16. In the event of a filing ora final 'B' map which requires oversizing of the improvements necessary to serve other properties, 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). DESIGN 17. Any proposed monumentation/signage shall be consistent with the SPA One Village Design Plan and shall be reviewed and approved by the Director of Planning and Building prior to approval of the appropriate final map. 18. 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 150 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 and approved by the Director of Planning and Building prior to approval of the appropriate final map. 19. A comprehensive wall plan for the Project indicating color, materials, height and location shall be reviewed and approved by the Director of Planning and Building prior to approval of the first final "B" Map for the Project. 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 cormections shall be constructed of a decorative masonry and/or wrought iron material. A revised acoustical analysis indicating if view fencing, such as a combination of masonry and wrought iron, is allowable at the ends of cul-de-sacs and other lots backing up to Telegraph Canyon Road, East Palomar Street, Olympic Parkway, and Heritage Road (formerly Paseo Ranchero)~ shall be prepared prior to submittal of the wall plan indicated above. If such 3 fencing is allowable per the final acoustical analysis it shall be provided at the ends of such streets as determined by the Directors of Public Works and Planning and Building. View fencing shall be provided at the ends of all other open cul-de-sacs where a sound wall is not required. Any combination free standing/retaining walls shall not exceed 8.5 feet in height. The applicant shall submit a detail and/or cross section of the maximum/minimum conditions for all "combination wails" which include retaining and free standing walls. Said detail shall be reviewed and approved by the Director of Planning and Building prior to the approval of the first final "B" map. The maximum height of all retaining walls shall be 2.5 feet in height when combined with freestanding walls, which are six feet in height. A 2-3 foot separation shall be provided between free standing and retaining walls where the combined height would otherwise exceed 8.5 feet. 20. Prior to the approval of the final 'B' map for Neighborhood R-60, the applicant shall submit and obtain approval of the site plan, and such approval shall be at the discretion of the Zoning Administrator. 21. A minimum of thirty percent of all 60x 110 feet lots in each final map shall be provided with Hollywood driveways, and comply with the requirements of the Otay Ranch SPA One Planned Community District Regulations as may be amended from time to time. 22. The developer shall install public facilities in accordance with the Otay Ranch SPA One, Public Facilities Finance Plan (PFFP) as may be amended from time to time or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. 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. STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS 23. 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, the applicant shall construct or enter into an agreement to construct and secure of all street improvements as required by the PFFP, for each particular phase, 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 Attorney, as set forth in Table "A" below. 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. TABLE A FACILITY/ AGREE TO CONSTRUCT LIMITS AND GUARANTEE STREET NAME CONSTRUCTION BY Existing Improvements (in Sunbow) Per PFFP & East Palomar St. to Heritage Road (formerly Paseo Ranchero) Olympic Parkway Agreement Open Space Landscape All Open Space Lots in and Irrigation Improvements Village One West" Prior to the first Final "B" Map ~ Olympic Parkway Financing and Construcfion Agreement approved by Council Resolution 19410. 2 For any open space lot within the project for which a rough grading permit has been issued prior to the approved Landscape and Irrigation plans for such lot, security shall be provided prior to the first Final "B" Map, and to the satisfaction of the Director of Planning and Building, City Engineer, and the City Attorney. 24. 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 SPA One PFFP, as may be amended from time to time 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 and fire hydrants. Street light locations shall be approyed by the City Engineer. Street cross sections shall conform to the cross sections shown on the tentative map, unless otherwise conditioned or approved herein. All 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. 25. As part of the improvement plans associated with the final "B" Map which triggers the installation of the related street improvements, install a fully activated traffic signal including interconnect wiring at East Palomar Street and Santa Sierra Drive. Developer shall also install underground improvements, standards and luminaries with construction of street improvements, and install mast arms, signal heads and associated equipment as determined by the City Engineer. 26. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher classification streets simultaneously with the associated improvement plans. 27. 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 stubbed streets greater than 150 ft. in length (as measured from the nearest street centerline intersection). 28. 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 visibility 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 of Chula Vista policies shall prevail. Lighted 5 SAG vertical curves ,,viii be permitted, with the approval of the City Engineer, at intersections per AASHTO standards. 29. Enter into an agreement with the City, prior to the approval of the first final map where 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 Design Plans and approved by the Directors of Plarming 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. 30. 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 Design Plan, shall be approved by the Director of Planning and Building and Director of Public Works. The applicant shall provide root control methods per the requirements of the Director of Planning and Building, and provide a deep watering irrigation system for the trees. A street tree improvement plan shall be submitted for approval by 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. 31. 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 otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. 32. Prior to the issuance of any rough grading permit for the Project, the applicant shall submit a study showing that all curb returns for any intersections in excess of 4% located within the permit boundaries comply with all "Americans with Disabilities Act" standards at the front and back of sidewalks. 33. On streets where cul-de-sacs are 150 feet or less in length, the applicant shall provide a twenty-foot setback on driveways from property line to garage and sectional roil-up type garage doors except as provided for in the Planned Community District Regulations or approved by the City Engineer and the Director of Planning and Building. 6 34. Residential Street Condition 'A' as denoted on the cover page of the tentative map is the preferred section and shall be implemented on all residential streets, unless otherwise approved by the City Engineer and Director of Planning and Building. Except that Santa Sierra Drive between East Palomar Street and Mount Whitney, and Santa Sierra Drive, between East Palomar and Mount Whitney, shall be a Secondary Village Entry Street as defined in the Otay Ranch SPA One Plan. 35. The developer shall not install privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of the installation of sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement 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 fight-of-way. (ii) Maintain membership in an advance notice such as the USA Dig Alert Service. (iii) Mark out any private facilities owned by the developer whenever work is performed in the area. 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. 36. Street names shall be as on the approved tentative map. GRADING AND DRAINAGE 37. Storm drain systems that collect water from 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 from public street right-of-way, public park or open space areas is first introduced into the system. Downstream from 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. 38. 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. 7 Calculations shall also be provided to demonstrale the adequacy of downstream drainage structures, pipes and inlets. 39. 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. 40. Storm drain design shall conform to the requirements of the Subdivision Manual and the Grading Ordinance as may be amended from time to time. 41. Provide improved all-weather access with H-20 loading to all storm drain clean-outs or as otherwise approved by the City Engineer. 42. Provide a setback, as determined by the City Engineer, 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. 43. Ail 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. 44. Submit a list of proposed lots with the appropriate grading plan indicating whether the structure will be located on fill, cut or a transition between the two situations unless otherwise approved by the City Engineer. 45. Grant on the appropriate final "B" map a 15 feet minimum drainage and access easement for storm drain lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. 46. Provide runoff detention basins or other facilities approved by the City Engineer to reduce the quantity of runoff from the development to an amount equal to or less that the present 100-year frequency runoff. 47. 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 Construction 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 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 mprovements, 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, when they become effective, 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 runoff to the maximum extent practicable. 48. The Project, during construction and post construction, shall comply with non-structural permanent BMP's, and provide for long-term maintenance of structural BMP's. Future tenants or owners shall comply with the standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria of the Municipal Permit Order No. 2001-01. 49. 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. 50. 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 carried via underground storm drain to the bottom of the slope or a drain inlet connected to an 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. 51. Designate all drainage facilities draining private property to the point of connection with public facilities as private. 52. Obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency revising the current National Flood Insurance Program maps of the downstream end of Poggi Canyon Channel east of Brandywine Avenue to reflect the effect of the proposed drainage improvements. The LOMR shall be completed prior to acceptance by the City of the proposed detention facility. 53. Obtain, prior to approval of the first final "B" Map, the approval of the Director of Public Works of any amendment necessary to make the Master Drainage plan consistent with the approved Tentative Map. Prior to issuance of each grading permit for the Project, prepare 9 and obtain approval by the City Engineer, Director of Plmming and Building of an erosion and sedimentation control plan. 54. Indicate on all affected grading plans that all walls, which are to be maintained by open space district's shall be constructed entirely within open space lots dedicated to the City. SEWER 55. All sewer access points (manholes) shall be located at the centerline of streets or cul-de-sacs unless otherwise approved by the City Engineer and Director of Public Works. 56. Provide sewer access points at all changes of alignment of grade unless otherwise approved by the City Engineer. Sewers serving i0 or less equivalent dwelling units shall have a minimum grade of 1%. 57. Design and construct all sewers ending in a cul-de-sac with a sewer access points placed in the center of the cul-de-sac, unless otherwise approved by the City Engineer. 58. Provide an access road with a minimum width of 12 feet to all sanitary sewer access points using such construction material as approved by the Director of Public Works. The roadway shall be designed for an H-20 wheel load or other loading as approved by the City Engineer. Sewer lines 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. 59. Grant on the appropriate final "B" Map a 20 feet 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. 60. No diversion from the natural boundaries of the Poggi Canyon Sewer Basin will be allowed unless approved by the City Engineer. Only temporary diversion may be approved and only in the event of lack of capacity for the Project in the Poggi Canyon trunk sewer or sewer facilities farther downstream. Prior to the approval of any diversion by pumping to the Telegraph Canyon Basin, the applicant shall enter into an agreement with the City to finance the costs associated with the installation, operation, maintenance, repair, replacement and eventual decommissioning and removal of any required pumping station and connection of the Project to the Poggi Canyon trunk sewer (when capacity is available), in accordance with City Council Policy 570-03 (Sewage Pump Station Financing.Policy). The applicant shall pay the Telegraph Canyon Pumped Flow Sewer DIF prior to the issuance of building permits for any dwelling units in the Project pumping to the Telegraph Canyon Basin. PARKS/OPEN SPACE/~VILDLIFE PRESERVATION 61. The Village One West (C.V.T. 98-06B) 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. 3_0 Local parks are comprised of community parks and neighborhood parks. The Project's requirement shall be satisfied in a future Community Park through the payment of fees, dedication of land, or a combination thereof as determined in the sole discretion of the Director of Building and Park Construction. 62. The applicant shall grant to the City, prior to the first Final "A" Map for the Project, an irrevocable offer of dedication in a location which is acceptable to the Director of Building and Park Construction. 63. The Applicant shall receive surplus park credit to the extent the combined park credit for the neighborhood park, and the community park exceeds the 3 acres per 1,000 residents standard. This surplus park credit may be utilized by the Applicant to satisfy local park requirements in future SPA's located within the City's corporate boundaries. 64. Prior to the approval of each final "B" Map the Applicant shall pay PAD fees~_dedicate land, or a combination thereof, and all Recreation Development Impact Fees for the Community Park. 65. If the two trail connections located in open space lot #34 adjacent to Olympic Parkway, are located behind attended entry cottages, adequate public signage and direction shall be provided by the applicant to the satisfaction of the Director of Planning and Building, to encourage public access for pedestrians to enter through or adjacent to the attended entry cottage to access the public trail connections. 66. Applicant shall provide public pedestrian, bicycle, cart ingress and egress easements upon over and across Santa Sierra Drive, and Sparrow Lake Road and shall install appropriate signage indicating location of trail connections, handicap access, and bikeway locations to the Regional Trail, and, developer shall obtain approval by the Director of Building and Park Construction pr/or to the approval of the first final "B" map for Village One West (C.V.T. 98-06B). Signage shall be installed upon the request of the Director of Building and Park Construction. OPEN SPACE/ASSESSMENTS 67. Prior to the approval of the first final "B" Map, the developer shall: a. Submit and obtain approval of a revised and updated Village One West (C.V.T. 98- 06B) Maintenance Responsibility Map from the Director of Planning and Building, which shall include delineation of private and public streets. b. Submit evidence, acceptable to the City Engineer and the Director of Planning and Building prior to approval of the first "B" Map 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 Open Space 3_3_ District. 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 delermination 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 approved by the City Attorney. c. Submit and obtain approval of the City Engineer and the Director of Planning and Building of a list of all Otay Ranch SPA One 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: (i) Ail 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 thei'eo£ (ii) Medians and parkways along Olympic Parkway, Heritage Road (formerly Pasco Ranchero), East Palomar Street, (onsite and offsite) and all other street parkways proposed for maintenance by the open space district or Homeowners' Association. (iii) The proportional share of the proposed detention basin and naturalized channel in Poggi Canyon. This includes but is not limited to the cost of maintenance and all cost to comply with the Department ofFish and Game and the Corps of Engineers permit requirements. (iv) The proportional share of the maintenance of the median and parkways along that portion of Telegraph Canyon Road adjoining the development as determined by the City Engineer. 68. Offer for dedication in fee interest to the City on the first map, an updated offer for dedication of Open Space Lot "E" as identified on Final Map No. 14278. Execute and record an irrevocable offer of dedication of fee interest for each of the lots to be maintained by the City through the open space district. 69. Prior to the first Final "B" Map for the Project, the Applicant shall submit for review, and obtain the approval of the City engineer and Director of Building and Park Construction, a construction change to the Landscape and Irrigation Improvement Plans for Open Space Lot "E" as identified on Final Map No. 14278. 70. The applicant shall agree to create a Master Homeowner's Association ("MHOA") to own and maintain in a professional manner open space areas, medians, and parkways not maintained by the Community Facility District or the City (referred to collectively as "open space areas"). Developer shall complete the formation of the MHOA prior the first final "B" map. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning require such annexation of future tentative map areas. On or before 60 days from the date of Council approval of this tentative map, the developer shall submit for City's approval the CC&R's, grant of easements and maintenance standards and responsibility of the MHOA's for the Open Space Areas within the Project area. Developer shall acknowledges that the MHOA's maintenance of public open space, trails, etc. 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. 71. Prior to the approval of each Final "B" Map, Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and approved by the City Engineer. The CC&R's shall include the following obligations of the Master Homeowners Association: a. A requirement that the MHOA shall mai~tain 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 from the maintenance activities of the MHOA. d. The MHOA shall not seek to be released by the City from 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 MHOA. e. The MHOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured. 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 to enforce the CC&R provisions 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 provide for the maintenance of private open space lots, slope areas, landscape and irrigation and walls within each subdivision. 72. 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 Planning and Building prior to distribution through escrow. 73. 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 fi.om face-of-wall to beginning of slope. Said area shall be as approved by the City Engineer and the Director of Planning and Building. 74. Ensure that all buyers of 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 property and that they shall not modify or supplement the wall or encroach onto City property. These restrictions shall also be incorporated in the CC&R's for each lot. 75. The developer agrees to not protest fom~ation 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. 14 WATER - 76. Provide to the City a letter from Otay Municipal Water District indicating 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). 77. Present verification to the City Engineer in the form ora letter from Otay Water District that the subdivision will be provided adequate water service and long-term water storage facilities. EASEMENTS 78. Grant to the City a 10' wide easement for general utility purposes along public 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. 79. 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. 80. 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. 81. Grant to City on all appropriate final "B" Map two 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 Plarming and Building and the City Engineer to provide adequate access for maintenance of said walls. 82. Storm drain easements shall be private unless the storm drain systems therein are public. 83. 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. 84. 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. 215 85. The developer shall noti fy the City at least 60 days prior to consideration of the final 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 acquifing off-site fight-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 fight-of-way and/or easements. Said estimate to be approved by the City Engineer. c. Have all easements and/or fight-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. The requirements of a, b, and c above shall be accomplished prior to the approval of the first Final "B" Map. AGREEMENTS/FINANCIAL 86. 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 subject subdivision if any one of the following occur: ~ (i). Regional development threshold limits set by the East 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). Trb. ffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. (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 3_6 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 Plarming and Building and the Public Works Director. (iv.) The applicant does not comply with the terms of the Reserve Fund Program. 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 subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. To ensure that all franchised cable television companies ("Cable Companx") are permitted equal opportunity to place conduit and provide cable television service to each tot within the subdivision. Developer agrees that the City of Chula Vista may grant access to cable companies franchised by the City of Chula Vista to place conduit within the City's easement situated within the Project. Developer shall restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. 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 Cqnditions 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. 87. 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. 88. The applicant shall comply with all previous Agreements as they pertain to the tentative map. 17 MISCELLANEOUS 89. Within thirty (30) days of the City Council approval of these map conditions, or prior to the submittal of the first final map for the project, whichever occurs first, 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 AreView (GIS) format and shall contain the following individual layers: a. Subdivision Boundary (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 V2" disks, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. 90. Submit copies of all final maps, grading and improvement plans in a digital format. The drawing projection shall be in California State Plmie Coordinate System (NAD 83, Zone 6). The digital file of the final 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 Subdivision Boundary (closed polygons) b. Lot Lines (closed polygons) c. Street Centerlines (polylines) d. Easements (polylines) e. Street Names (annotation) f. Lot Numbers (annotation) The 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, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. 91. Tie the boundary of the subdivision to the California System-Zone VI (1983). 92. 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 18 on page 353, Section D of the GDP/SP,-P; 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. 93. 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. 94. 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 pemfits 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 of a permit, the developer shall post a 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. PHASING 95. If the applicant modifies the SPA one approved phasing plan, the applicant shall submit to the City a revised phasing plan for review and approval prior to approval of the first final "B" Map. The PFFP shall be revised where necessary to reflect the revised phasing plan. 96. 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. 97. The Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and tentative map with improvements installed 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 SPA One, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. The. Otay Ranch SPA One PFFP, at the Applicant's expense and subject to a Reimbursement Agreement, shall be updated no later than six (6) months after the approval ora PFFP for the EastLake III GDP Area, and the conclusions of such update~ including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and final maps. Developer agrees that the City Engineer may change the timing of construction of the public facilities CODE REQUIREMENTS 98. 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. 99. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 100. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impact fee. e. Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future. 2O £. Otay Ranch Rescrve Fund fee. - Pay the amount of said fees in effect at the time of issuance of building permits. 101. 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. 102. 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. 103. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 104. The applicant shall comply with all aspects of the City of Chula Vista Landscape Manual. 105. All proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. 106. 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). The applicant acknowledges that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 107. Upon submittal of building plans for small lot single family (5,000 square feet or less as defined in the City of Chula Vista Design Manual) residential development, plans shall clearly indicate that 750 square feet of private open space will be provided within the subdivision. GUARDED AREAS 108. The following location as proposed by the applicant is authorized for guarded entrances: Santa Sierra Drive. 21 109. Guarded entrances shall not have physical barriers. Guarded entrances shall be staffed from dusk until dawn, unless the MHOA or the applicant determines it is economically impractical, physical barriers shall be prohibited at the entrances to guarded areas unless specifically approved by City Council. 110. Parks located within guarded areas shall not receive park credit. 111. 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. Private street cross sections shall conform to those shown on the tentative map. 112. 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 within the subdivision. 113. Guarded entrances shall: 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. 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 retained. f. Be equipped with a video camera to record entering and exiting vehicles. 114. 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. 115. The MHOA shall be responsible for the maintenance and operation of all facilities within the common areas and streets behind the guarded entrance. 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 22 areas. The only facilities, which will be maintained by the City are mainline sewers and public concrete drainage facilities ii.e, pipes, inlets, clean-outs and catch basins). 23