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HomeMy WebLinkAboutReso 2003-165 RESOLUTION NO. 2003-165 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENTATIVE SUBDIVISION MAP FOR A PORTION OF THE OTAY RANCH, SECTIONAL PLANNING AREA 12 - FREEWAY COMMERCIAL PLAN, CHULA VISTA TRACT 03-11 WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached herto and described on Chula Vista Tract 03-11, and is commonly known as Planning Area 12 - Freeway Commercial -South (McMillin), ("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 Planning Area 12 - Freeway Commercial (South), Chula Vista Tract 03-11", ("Project"), was filed with the City of Chula Vista Planning and Building Department on November 26, 2002 by McMillin Otay Ranch, LLC, ("Applicant"); and WHEREAS, the application requests the approval for the subdivision of approximately 86.9 acres of land located west of Eastlake Parkway, north of Birch Road, east of future State Route (SR) 125 route, and south of the Otay Project, LLC-owned portion of Freeway Commercial (North), in the area known as Otay Ranch Planning Area 12 - Freeway Commercial (South) into 38 commercial 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 #9010154 ("Program FEIR 90-01"); and WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Planning Area 12 - Freeway Commercial Plan ("SPA Freeway Commercial Plan") previously approved by the City Council on March 18, 2003 by Resolution No. 2003-131, wherein the City Council, in the environmental evaluation of said SPA Freeway Commercial Plan, relied on the Otay Ranch SPA Planning Area 12 - Freeway Commercial Plan Final Environmental Impact Report No. 02-04, SCH #1989010154 ("FEIR 02-04"); 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 02-04. The Environmental Review Coordinator determined that no conditions described in Section 15162 and 15163 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; and WHEREAS, the Planning Commission set the time and place for a hearing on said "Tentative Map, Otay Ranch Planning Area 12 - Freeway Commercial (South), Chula Vista Tract 03-11", (pCS-03-11) 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 Resolution 2003-165 Page 2 WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on March 26, 2003, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended approval of the Project and said hearing was thereafter closed; and WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on proposed "Tentative Map, Otay Ranch Planning Area 12 - Freeway Commercial (South), Chula Vista Tract 03-11", (PCS-03-11); 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 March 26, 2003, 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 Califomia Environmental Quality Act (CEQA) claims. u. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in Second-Tier Final EIR 02-04 would have no new effects that were not examined in the said Final EIR (Guideline 15168 (c)(2». III. ACTION The City Council hereby approves the Otay Ranch Planning Area 12 - Freeway Commercial Tentative Map, Chula Vista Tract 03-11, (pCS-03-11) involving 86.9 acres ofland known as Freeway Commercial (South) in this resolution, finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Planning Area 12 Freeway Commercial SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. TENTATIVE SUBDIVISION MAP FINDINGS Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Otay Ranch Planning Area 12 - Freeway Commercial (South) Tentative Subdivision Map, Chula Vista Tract 03-11, (pCS-03-11) as conditioned, attached as Exhibit "B" to this resolution, herein for Applicant, is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan, based on the following: 1. Land Use The Project is in a planned area that provides freeway commercial uses authorized by the Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan. 2. Circulation Resolution 2003-165 Page 3 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 Planning Area 12 - Freeway Commercial SPA Plan. The Applicant shall construct those facilities in accordance with City and Planning Area 12 - Freeway Commercial SPA Plan standards. 3. Housing No housing is proposed; no housing is authorized by the Otay Ranch General Development Plan or the Planning Area 12 - Freeway Commercial SPA Plan 4. Parks, Recreation and Open Space As there is no residential use, there are no parks, recreation or open space obligations for the Tentative Map. 5. Conservation The Program EIR and FEIR 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 I-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 Planning Area 12 - Freeway Commercial SPA Geotechnical Reconnaissance Report. 7. Public Safety All public and private facilities are expected to be reachable within the threshold response times for fire and police services. 8. Public Facilities The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major projects in the eastern territories. 9. Noise The Project may include noise attenuation walls. In addition, all buildings are required to meet the standards of the Uniform Building Code with regard to acceptable interior noise levels. 10. Scenic Highway Resolution 2003-165 Page 4 The roadway design provides wide landscaped buffers along Olympic Parkway, the only General Plan, GDP/SRP scenic highway adjacent to the Project. 11. Bicycle Routes The Project is required to provide on-site bicycle routes on Olympic Parkway, EastLake Parkway and Birch Road as indicated in the regional circulation system of the General Plan and the Otay Ranch GDP. 12. Public Buildings Public buildings are not proposed or required on the Project site. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. V. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "B", attached hereto. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone 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 ~dlL Robert A. Leiter Planning and Building Director ~~ Ann Moore City Attorney Resolution 2003-165 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 15th day of April, 2003, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: Davis, Rindone, Salas, McCann and Padilla None None J~ ~/) / ../ / ~U L ~tephen Pa i11a, Mayor ATTEST: ~ J I t1. . í3.'r/. ð tD~ ~ Susan Bigelow, City Cle& STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ) ) ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-165 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 15th day of April, 2003. Executed this 15th day of April, 2003. ~J ð-J.... ~qr ð ~ Susan Bigelow, City ClerIe EXHIBIT þ.. ::: '£¡; O1JIYRIIHCH I: \ VIllAGE ... 0 amH 1\ ~ ;I~ \ :r-- *..-- ': .. PCS-o3-11: Otay Ranch Planning Area 12 Freeway I Commercial(South): The proposed project consists '" ..... of a Tentative Map (CVT 03-11), for 381015 for freeway- 't' EASTER" ~orlented commercial uses on 86.9 acres, as authorized UBIIAII by the Planning Area 12 - Freeway Commercial :: CENTER Sectional Planning Area (SPA) Plan. ~\ CHULA VISTA PLANNING AND - LffiR ~~<¡1T:McMILLIN COMPANIES ,~ BUILDING DEPARTMENT PROJECT DESCRIPTION: Proposal for a Tentative Map :g~~~1: ~:,e~~r ~'R~~~sfo~¡;'~~R-125, South of Olympic Pkwy, West of EasUak. Pkwy. SCALE: I FILE NUMBER: No Scale PCS-O3-11 J:lhomelplanninglcherrylcllocators\pcs0311- 2.cdr 03.06,03 EXHIBIT B GENERAL/PRELIMINARY 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Applicant as to any or all of the property, (Engineering, Planning & Building) 2. Applicant shall comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the Property of: 1) Otay Ranch General Development Plan (GDP); 2) Freeway Commercial Sectional Planning Area (SPA) Plan; 3) Freeway Commercial Design Plan; 4) Final Environmental Impact Report (EIR) for the Freeway Commercial (EIR 02-04; 5) Freeway Commercial Public Facilities Financing Plan approved by the City Council on March 18, 2003 by Resolution No. 2003-132 and the Freeway Commercial Planned Community District Regulation and Land Use Map approved by City Council Ordinance No. 2903 on March 18,2003. The Applicant shall enter into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and irnplementation procedures as the City may require to comply with the above regulatory docurnents. Said Agreement shall also ensure that, after approval of the final map, the Applicant will continue to comply, remain in compliance, and implement such Plans. (Planning & Building) 3. Prior to approval of the rust Final "B" Map within the tentative map, the Applicant shall submit and obtain the approval of the City of a master final map ("A" Map) containing the entire Project's area showing "super block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" map shall also show open space lot dedications, the backbone street dedications and utility easements required to serve the "super block" lots created by this "A" Map. All "super block" lots created by this "A" Map shall have access to a dedicated public street. A lot line adjustment, if utilized in accordance with City standards and procedures, shall not be considered the first "A" Map. The "A" Map may contain individual lots shown on the Tentative Map, in which case said first "A" Map shall be considered the rust Final "B" Map for the Project. An individual lot created by an "A" Map, in conformance with the Tentative Map, shall not require the filing of a subsequent Final "B" Map. (Engineering) 4. The following conditions of approval are based upon the project having multiple Final Maps for the entire subdivision, which shall be referenced hereinafter as "Final 'B' Maps". A Final "B" Map is deEmed as a final subdivision or parcel map, filed in accordance with the Subdivision Map Act and the Chula Vista Municipal Code, which proposes to subdivide land into individual lots. The Final "B" Map shall be in substantial conformance with the related approved Final "A" Map. Unless otherwise specified, all conditions and code requirements listed below shall be fully cornpleted to the City's reasonable satisfaction prior to approval of the each "A" Map and Final "B" Maps. (Engineering) 5, 6. In the event of a filing of a final map, which requires oversizing of the improvements necessary to serve other properties, said final map shall be required to include the installation of all necessary improvements to serve the project, plus the necessary improvements for oversizing of facilities required to serve such other properties. At the request of Applicant, City shall consider formation of a reirnbursement district or any other reimbursement mechanism in accordance with the restrictions of State Law and City ordinances. (Engineering) If Applicant desires to do certain work on the property after approval of the tentative rnap, but prior to recordation of the applicable final map, he may do so by obtaining the required approvals and permits frorn the City. The permits can be approved or denied by the City in accordance with the City's Municipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., grading or improvement plans) will be approved. All work performed by the Applicant prior to approval of the applicable final map shall be at Applicant's own risk. Prior to issuance of a grading and/or construction permit, the Applicant shall acknowledge in writing that subsequent subrnittals (i.e., grading or improvement plans) may require extensive changes, at Applicants cost, to work done under such early permit. Prior to the issuance of a permit, the Applicant 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 map does not record. (Engineering) 7. If any of the terms, covenants or conditions contained herein shall fail to occur, or if they are, by their terms, to be implernented and maintained over time, and if any of such conditions fail to be so implemented and rnaintained 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 frorn the approvals herein granted; and institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (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 within a reasonable and diligent time frame. (Engineering, Planning & Building) 8. Prior to approval of each final map, Applicant shall agree to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including Attorney's fees, arising frorn challenges to the Final Environmental Impact Report (EIR) for the Freeway Commercial (EIR 02-04) and any or all entitlements and approvals issued by the City in connection with the Project. (Engineering, Environmental, Planning & Building) 9. Any and all agreements that the Applicant is required to enter into hereunder shall be in a form approved by the City Attorney. (City Attorney) The subsequent developrnent of a parcel, which does not require the filing of a subsequent final rnap, shall meet, prior to issuance of a building permit for that parcel, all the applicable conditions of approval of the Tentative Map Conditions, as determined by the Director of Engineering and Director of Planning and Building. (Planning and Building, Engineering) 10. 11. 12. 13. 14. 15. 16. Unless otherwise specified, "dedicate" means grant the appropriate easernent, rather than fee title. Where an easement is required, the Applicant shall be required to provide subordination of any prior lien holders in order to ensure that the City has a first priority interest 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. The applicant shall comply with all applicable Freeway Commercial SPA conditions of approval, (pCM 99-08) as may be amended from time to time. (Planning and Building) The applicant shall comply with the terms of the Conveyance Agreernent, as may be amended frorn time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"). (Planning and Building) Prior to approval of the first "A" map, Applicant shall subrnit and obtain approval of a revised Otay Ranch Planning Area l2IFreeway Commercial (c.V.T. 03-11) Maintenance Responsibility Map for the Project from the Director of Planning and Building and the Director of Engineering, which shall include delineation of private and public property. A digital copy of the Maintenance Responsibility Map shall be submitted to the City prior to approval of said first "A" map to the satisfaction of the Director of Engineering. (Planning and Building, Engineering) Prior to approval of the applicable site plan by the Design Review Committee, Applicant shall demonstrate to the satisfaction of the Director of Engineering and Director of Planning and Building that the proposed site plan design incorporates the following features: 1. All right in/out locations provide for straight through circulation without the blocking of any parking spaces; and 2. Ensure that internal circulation will limit vehicular egress at the right in/right out access proposed immediately east of the intersection of Street "A" and Birch Road to the satisfaction of the Director of Engineering. ENVIRONMENT AL/PRESERV ATION The Applicant shall comply with all applicable requirements of the California State Water Resources Quality Control Board, (Planning and Building) 17. Implement, or cause the implernentation of all mitigation rneasures pertaining to the Project identified in the Final Environmental Impact Report (EIR) for the Freeway Commercial (EIR 02-04). Any such measures not satisfied by a specific condition of this Resolution or by the project design shall be irnplemented to the satisfaction of the Director of Planning and Building. (Planning & Building) 18. Applicant shall cornply with all applicable requirements of the California Department of Fish and Game, the California State Water Resources Quality Control Board, the U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers. Prior to any activity that may potentially impact biological resources, such as clearing and grubbing, the Applicant shall cornply with all applicable requirements prescribed in the Otay Ranch GDPlFreeway Commercial Environmental Impact Report EIR 02-04 (SCH #1989010154), and Mitigation 19. 20, 21. 22. 23. 24. 25. Monitoring and Reporting Program. If any permits are required to be obtained by Applicant, Applicant shall obtain said permits with applicable agencies in consultation with the City. Applicant shall obtain said pennits with applicable agencies in consultation with the City. The Applicant shall cornply with the take permit/authorization frorn the U.S. Fish and Wildlife Service and California Department of Fish and Game, and comply with the approved City of Chula Vista MSCP Subarea Plan. (Planning and Building) Applicant shall comply with all requirements and policies of the Otay Ranch Resource Management Plan (RMP) as approved by City Council on October 28, 1993, and Otay Ranch, Phase 2 Resource Management Plan (RMP2) as approved by City Council on June 4, 1996, and as may be amended from time to time by the City. (Planning and Building) The applicant shall comply with the requirernents and policies of the Otay Ranch Resource Management Plan "Preserve Conveyance Schedule" as approved by City Council on June 4, 1996, as may be amended frorn time to time. (Planning and Building) Simultaneously with conveyance of land to the Preserve Owner/Manager (POM) in fee title or by easement, the Applicant shall cease all cattle grazing on the land to be conveyed. In addition, the Applicant shall ensure through the rnaintenance of existing fencing or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City, that cattle from adjacent areas cannot access the land being conveyed. (Planning and Building) Prior to the approval of the first "A" map for the Project, the Applicant must demonstrate to the satisfaction of the Director of Engineering and the Director of Planning and Building that the entire Project has been annexed into C.F.D. 97-02 for the rnaintenance, rnanagernent, and monitoring of the Otay Ranch Preserve per the requirements of the Otay Ranch Resource Management Plan (RMP), Phase 2. (Engineering, Planning and Building) Prior to the issuance of each mass grading permit (including clearing and grubbing) for the Project, the Applicant shall comply with the requirements of the RMP, Phase Two, Range Management Plan to the satisfaction of the Director of Planning and Building. (Planning and Building) The Applicant and Owners shall convey fee title, or upon the consent of the Preserve Owner/Manager (POM) and any lien holder, an easernent restricting use of the land to those permitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon the recordation of each final map for an amount of land equal to the final map's obligation to convey land to the Preserve. Where an easernent is conveyed, the Applicant and Owners shall be required to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Applicant and Owners shall convey fee title. Where fee title or an easement is conveyed, access to the satisfaction of the POM shall also be conveyed. Where an easement is granted, each tentative rnap is subject to a condition that fee title shall be granted upon dernand by the POM. The Applicant and Owners shall irrevocably offer for dedication to the City or its designee, fee title, upon the recordation of each final rnap for an amount of land equal to the final map's obligation to convey land to the Preserve. The Applicant and Owners shall maintain and rnanage the offered conveyance parcel consistent with the Phase I and 2 RMP 26. 27. 28. 29. 30. guidelines until such time when the POM has accepted the conveyance parcel. (Planning and Building) SUBDIVISION DESIGN Prior to the issuance of any rough grading permit proposing to grade individual lots and streets for the Project, Applicant shall submit a study showing that all curb returns for any intersection in excess of 4% grade, located within the permit boundaries, and all driveways, comply with ADA standards at the ftont and back of sidewalks to the satisfaction of the Director of Engineering. (Engineering) Install all street trees in accordance with Section 18.28.010 of the Chula Vista Municipal Code, the City's Landscape Manual and approved cross-sections in the Otay Ranch Planning Area 12/Freeway Commercial SPA Plan; or as otherwise approved by the Director of Building and Park Construction and Director of Public Works Operations. Applicant agrees to provide any and all special tree installation conditions as requested by the Director of Building and Park Construction. Street trees shall be shown on street landscape and irrigation plans submitted for approval by the Director of Building and Park Construction and the Director of Public Works Operations prior to, or concurrent with the second subrnittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the species selection of street trees. Location of trees and planters shall be contingent upon the location of street signs. Under no circumstance shall a tree or shrub block the visibility of any street sign, regulatory, warning or guide traffic signs. (Public Works, Building and Park Construction) Any proposed monumentationlsignage shall be consistent with the Freeway Commercial SPA and Freeway Commercial Design Plan and shall be reviewed and subj ect to the approval of the Director of Planning and Building prior to approval of the appropriate final rnap. (Planning and Building) In addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each 1,500 square feet of slope area, one I-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 subject to the approval of the Director of Planning and Building prior to approval of the appropriate final map. (Planning and Building) STREETS, RIGHTS-OF-WAY & PUBLIC IMPROVEMENTS Provide security in accordance with chapter 18.16 of the Municipal Code, dedicate, and construct full street improvements for all public streets shown on the Tentative Map within the subdivision boundary or off-site, as deerned necessary by the Director of Engineering to provide service to the subject subdivision, in accordance with Chula Vista Design Standards, Chula Vista Streets Standards, Chula Vista Subdivision Manual, and approved Tentative Map, unless otherwise approved by the Director of Engineering. Said street improvements shall include, but are not limited to, asphalt concrete pavement, base, curb, gutter and sidewalk, sewer, drainage facilities, water quality BMPs, street lights, traffic signals, signs, striping, fire hydrants and transitions to existing improvements in the manner required by the Director of Engineering. If improvernent plans have been approved by the City, the amount of the security for the above noted improvements shall be 110% of the construction cost estirnate approved by the Director of Engineering. If improvement plans are being processed, 150% of approved cost estimate. Or, if improvement plans are not being processed by the City, 200% of construction cost estimate approved by the Director of Engineering. A lesser percentage may be required if it is dernonstrated, to the satisfaction ofthe Director of Engineering, that sufficient data or other information is available to warrant such reduction. (Engineering) 31. If Applicant proposes multiple building permits within a Planning Area, Applicant shall submit and obtain approval of a developrnent sub-phasing plan for said Planning Area trom the Director of Engineering and Director of Planning and Building prior to issuance of any building permit within said Planning Area. The sub-phasing plan shall include: a. A site plan showing the lot lines and lot numbers, the sub-phase lines and sub-phase numbers, and proposed building square footage in each sub-phase; and b. A table showing the sub-phase number, the lots included in the sub-phase and the proposed building square footage included in each sub-phase. Improvernents, facilities and dedications to be provided with each sub-phase shall be determined by the Director of Engineering and Director of Planning and Building, however, construction of full length of the required street irnprovernent segments as defined in Table C.lO of the PFFP shall be required with each sub-phase. The City reserves the right to require improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of Police and Fire Departments, The Director of Engineering and Director of Planning and Building may, at their discretion, modify the sequence of improvernents and construction should conditions change to warrant such revisions(s). (Engineering, Planning and Building) 32. Prior to approval of the first "A" Map for the project, Applicant shall enter into an agreement with the City to accomplish the following: a. Applicant shall agree to construct all the street improvements identified in Table A below; b. Applicant shall agree to commence construction of each specific street improvement, as indicated in Table A below, prior to issuance of the building permit that triggers the cumulative Building Square Footage Triggers or prior to issuance of building permits within a Specific Planning Area in accordance with a development sub-phasing plan, approved by the Director of Engineering and Director of Planning and Building, whichever occurs earlier. In addition, Applicant shall agree to complete construction of said improvements within one year of commencing construction; c. Applicant shall agree to the amount of the security required by the City to guarantee the construction of each of the street improvements. In addition, Applicant shall agree to provide said security prior to issuance of the building permit that triggers the construction of the specific street irnprovernent. Such security shall be in a form approved by the City Attorney (Engineering) Table A Public Facilities Required to be Constructed by Freeway Commercial Facil- Description Cumulative Specific Planning Area ity Building Square Triggers (Phase) 1 Footage Triggers STREET IMPROVEMENTS 1a Eastlake Parkwav: I (Blue, Red, Green), A, Olympic Parkway to FC-2 Property (Yellow), F Line 1b Eastlake Parkwav: 1 (Blue, Red, Green), A FC-2 Property Line to Street "B" 2 Street "B": I (Blue, Red, Green), A Street "A" to EastLake Parkwav 3 Street "A": 340,000 (Blue, Green), A FC-2 Property Line to Street "B" 4 Street "A": 340,000 (Yellow), A FC-2 Property Line to Olympic Parkway 5 Eastlake Parkwav: 850,000 (Red), A Street "B" to Birch Road 6 Birch Road: 850,000 (Red), A Eastlake Parkway to Street "A" 7 Street "A": 850,000 (Red, Green), A Street B to Birch Road 8 Birch Road: 850,000 (Green), F Street "A" to westerly SR-125 on/off ramps 9 Birch Road: 850,000 See Note 2 Street "A" to La Media Road 10 La Media Road: 850,000 See Note 2 Birch Road to Olympic Parkwav Notes: 1 = Roadway required for access (A) or Frontage (F) 2 = No Specific Planning Area triggers for this street immovernent. 33. Design all street vertical and horizontal curves and intersection sight distances to conform to the CalTrans' Highway Design Manual and City Standards. All streets, which intersect other streets at or near a horizontal or vertical curve, shall meet intersection design sight distance requirernents in accordance with City Standards. When a conflict between the CalTrans 34. 35. 36. 37. 38. Highway Design Manual and adopted City standards exists, the adopted City standards shall prevail. Lighted sag vertical curves may be permitted at intersections per AASHTO standards and with approval of the Director of Engineering. (Engineering) Construct sidewalks and pedestrian ramps on all walkways to comply with the "Americans with Disabilities Act" (ADA) standards, as approved by the Director of Engineering. In the event the Federal Government adopts new ADA standards for street rights-of-way, which are in conflict with the standards and approvals for the Project, all such approvals conflicting with those new standards shall be updated to reflect the new standards. Unless otherwise required by federal law, City ADA standards rnay be considered vested, as determined by federal regulations, once construction has commenced. (Engineering) Grant sight visibility easernents to the City of Chula Vista as required by the Director of Engineering, to keep sight visibility areas clear of any obstructions. Sight visibility easements shall be shown on grading plans, improvement plans, and final maps to the satisfaction of the Director of Engineering. Sight visibility easements shall be granted as necessary to comply with the requirernents in the CalTrans Highway Design Manual and City of Chula Vista standards. Sight visibility easernents shall be shown on grading plans, improvement plans, and final maps to the satisfaction ofthe Director of Engineering (Engineering) Construct, and/or provide security for, traffic signal interconnect conduit and all appropriate wiring for all proposed signalized intersections to the satisfaction of the Director of Engineering. (Engineering) Prior to approval of the first "A" Map for the Project, Applicant shall enter into an agreement with the City to accornplish the following: a. Applicant shall agree to install a maximum of seven (7) permanent traffic count stations at such specific locations determined by the Director of Engineering. b. Applicant shall agree to the amount of the security required by the City to guarantee the installation of said traffic count stations. In addition, Applicant shall agree to provide said security prior to issuance of the construction permit for the related street improvement. The Director of Engineering, at hislher sole discretion, may (I) waive the requirement to construct said traffic count stations if Applicant agrees to provide a cash payment in the amount, deemed necessary by the Director of Engineering, to cornplete the construction of said stations by the City or its designee; and (2) reduce the number of traffic count stations to be installed by Applicant, if it is demonstrated to the satisfaction of the Director of Engineering that sufficient data or other information is available to warrant such reduction, Applicant shall install all conduits and interconnect improvernents for the future traffic and/or pedestrian signals associated with the proposed MTDB transit station in Street "A" in conjunction with the construction of the related street improvements, Prior to approval of the associated improvement plans, Applicant shall provide written evidence, acceptable to Director of Engineering, demonstrating that MTDB has approved said conduits and interconnect improvernents. 39, 40. 41. 42. 43. Prior to approval of the [lISt "A" Map or approval of the first irnprovernent plan for Street "A" and/or Street "B", whichever occurs earlier, Applicant shall submit and obtain the approval of the Director of Engineering of a design study ("Design Study") for said streets. The Design Study shall identify I) all those onsite and offsite irnprovements and/or facilities that need to be constructed by Applicant for providing adequate vehicular circulation to the satisfaction of the Director of Engineering, and 2) a conceptual design and location of neck-downs and/or other traffic calming features at controlled intersections, as described in the Freeway Commercial SPA Plan, to the satisfaction of the Director of Engineering and Director of Planning and Building. All work performed by Applicant prior to approval of the Design Study shall be at Applicant's own risk ("Early Work"). Prior to issuance of a permit for any Early Work, Applicant shall acknowledge in writing that subsequent additional work may be required, at Applicant's cost, as determined by the approved Design Study. The Applicant shall obtain approval from the Director of Engineering and the Director of Planning and Building for the proposed street name for Street "B" within the project prior to the approval of the first [mal map. Approved street name for Street "B" shall be shown on the first final map. Agree to install permanent street name signs prior to the issuance of the rust building permit for the applicable final map. (Engineering) Acquire and then grant to the City all off-site rights-of-way and easements necessary for the installation of required street improvements and/or utilities. (Engineering) Notify the City, at least 60 days prior to consideration of the approval of the applicable final map by City Council, if off-site right-of-way and easernents cannot be obtained as required by these conditions. (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 Applicant shall: a. Pay the full cost of acquiring off-site right-of-way or easements required by the Conditions of Approval of the Tentative Map. b. Deposit with the City the estirnated cost of acquiring said right-of-way or easernents. Said estimate is subject to the approval of the Director of Engineering. c. Have all right-of-way and/or easernent documents and plats prepared and appraisals complete, as necessary to commence condemnation proceeding, and as determined by the Director of Engineering. 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 Applicant shall pay all costs, both direct and indirect, incurred in said acquisition. Items a, b, and c above shall be accomplished prior to the approval of the applicable final map. (Engineering) 44. 45. 46. 47, 48. 49. Prior to approval of the building permit that triggers the installation of the related street improvements listed below, the Applicant shall enter into an agreement to construct and secure all those improvements deemed necessary by the Director of Engineering to provide a fully actuated traffic signal including interconnected wiring at the following intersections: v. vi. vii. viii. i. ii. Olympic Parkway and Street "A", Eastlake Parkway and Street "B", Eastlake Parkway and Birch Road, Birch Road and Street "A", Street "A" and Street "B", Street "A" and Project Dwy 5 entry street, Street "A" and Project Dwy 6 entry street, Birch Road and La Media Road, iii. IV. The Applicant shall fully design the aforementioned traffic signals in conjunction with the improvernent plans for the related streets, and shall install underground improvements, standards and luminaries in conjunction with the construction of the applicable street improvements. In addition, the Applicant shall install rnast arm, signal heads, signal interconnect cable, and associated equipment when traffic signals warrant as determined by the Director of Engineering. (Engineering) 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. (Engineering) Submit to and obtain approval by the Director of Engineering of striping plans for all collector or higher classification streets simultaneously with the associated irnprovement plans. (Engineering) GRADING AND DRAINAGE Prior to issuance of the first grading permit, Applicant shall provide evidence of MTDB approval of an exhibit setting forth the proposed grading and vertical and horizontal alignments, acceptable to the Director of Engineering, for the LRT right-of-way, (Engineering) Should Applicant propose the construction of private offsite temporary drainage and/or desilting facilities within the EUC project, Applicant shall, prior to approval of any grading permit for such construction, enter into an agreement with the City, where Applicant agrees to provide for the rnaintenance of said facilities to the satisfaction of the Director of Engineering until such time as they are replaced by permanent facilities approved by the City. In addition, Applicant shall provide security in the form of cash or other security instrument approved by the Director of Engineering and City Attorney, guaranteeing the performance of said maintenance obligations. (Engineering) Provide graded vehicle access to all public storm drain clean-outs and/or detention facilities, or irnplement other access solutions approved by the Director of Engineering, Storm drain clean- outs shall not be located on slopes or inaccessible areas for maintenance equipment. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. (Engineering) Drainage shall be collected in an inlet and carried to the bottom of any slope in an underground storm drain, if the slope is over 10 feet in height and steeper than 4: I. (Engineering) Prior to approval of each grading plan, demonstrate the adequacy of existing downstream drainage facilities or include, in the grading plans, the construction of additional temporary detention facilities, to ensure that the rnaxirnum allowable discharges after development are conveyed by existing downstream drainage facilities to the satisfaction of the Director of Engineering. Applicant shall enter into an agreernent with the City, where Applicant agrees to provide for the maintenance of said facilities until such time as they are replaced by permanent facilities approved by the City. Construct a protective fencing system around all proposed detention and/or desilting facilities and the inlets and outlets of storm drain structures within the project, as and when directed by the Director of Engineering. The final fencing design and types of construction materials shall be subject to approval by the Director of Engineering and Director of Building and Park Construction. (Engineering, Building and Park Construction) Submit to and obtain approval frorn the Director of Engineering and Director of Building and Park Construction of an erosion and sedimentation control plan as part of grading plans. (Engineering, Building and Park Construction) Locate lot lines at the top of slopes except as shown on the Tentative Map or as approved by the Director of Engineering and Director of Planning and Building. Lots shall be so graded as to drain to the street or an approved drainage system. Drainage shall not be permitted to flow over slopes or onto adjacent property. (Engineering, Planning and Building) Design and construct all grading and pad elevations to be within 3 feet of the grades and elevations shown on the approved Tentative Map or as otherwise approved by the Director of Engineering and Director of Planning and Building. (Engineering, Planning and Building) Obtain and submit to City staff notarized letters of permission for all off-site grading work prior to issuance of grading permit for work requiring said off-site grading, Should applicant fail to obtain a letter of permission to grade that area of FC-2 which borders FC-l, Applicant shall thereafter provide a letter of permission to the developer of FC-2, upon City's request to do so. (Engineering) Design and construct all public storm drains as close to perpendicular to the slope contours as possible, but in no case greater than 15 degrees from perpendicular to the contours. (Engineering) Provide a minimum of three (3) feet of flat ground access from the face of any wall to the beginning of the slope rounding for wall maintenance, unless otherwise approved for BOA slopes by the Director of Engineering and the Director ofPlamiing and Building. (Engineering, Planning and Building) Provide a setback, as determined by the Director of Engineering based on Soil Engineer 60. 61. 62. 63, 64. recommendations, between the property lines of the proposed Jots and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped property or property owned by others. The Director of Engineering shall not approve the creation of any lot that does not rneet the required setback. (Engineering) Prior to issuance of grading permits, Applicant shall demonstrate that the grading plans are in substantial cornpliance with the grading outlined in the Tentative Map. (Engineering, Planning and Building) Construct energy dissipaters at all storm drain outlets, as required by the Director of Engineering to maintain non-erosive flow velocities. (Engineering) Design and construct the inclination of each cut or fill surface, resulting in a slope, to not be steeper than 2: I (two horizontal to one vertical), except for minor slopes as herein defined. All constructed rninor slopes shall be designed for proper stability considering both geological and soil properties. A minor slope may be constructed no steeper than one and one-half horizontal to one vertical (1.5:1) contingent upon: a. Submittal and approval of reports by both a soils engineer and a certified engineering geologist containing the results of surface and sub-surface exploration, and analysis. These results should be sufficient for the soils engineer and engineering geologist to certify that in their professional opinion, the underlying bedrock and soil supporting the slope have strength characteristics sufficient to provide a stable slope and will not pose a danger to persons or property. b, The installation of an approved slope planting program and irrigation system. c. "Minor Slope" is defined as a slope four (4) feet or less in vertical dimension in either cut or fills, between parcels and not parallel to any roadway. (Engineering) Construct ternporary desilting basins at all discharge points adjacent to drainage courses or where substantial drainage alteration is proposed in the grading plan. The exact design and location of such facilities shall be based on hydrological rnodeling, and determined pursuant to direction by the Director of Engineering. (Engineering) . The Development 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 (NPDES), permit requirernents for urban runoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista, pursuant to the NPDES regulations or requirernents. Further, the Applicant shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES 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 Applicant shall comply with all the provisions of the NPDES 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 65, 66. 67. 68. 69. 70. landscaping improvements, and construction of dwelling units. The Applicant shall design the Project storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, to the satisfaction of the Director of Engineering. (Engineering) Prior to approval of the first "A" map for the Project, Applicant shall enter into an agreement with the City where Applicant agrees not to 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 deerned a waiver of the right to challenge the amount of any assessment, which may be irnposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. The above noted agreement shall run with the entire land contained within the Project. (Engineering) Prior to the first Design Review approval for each Planning Area, Developer shall obtain the approval of the Director of Engineering of a report (Water Quality Technical Report) which identifies the permanent Best Management Practices for the proposed entire Planning Area. The Water Quality Technical Report shall comply with all applicable requirements of the Development and Redevelopment Project Storm Water Managernent Standards Requirernents Manual (approved by City Council Resolution 2002-475.) (Engineering) Developer shall comply with all of the applicable provisions of the Storm Water Management and Discharge Control Ordinance (Chapter 14.20 of the Chula Vista Municipal Code, the Development and Redeveloprnent Project Storm Water Management Standard Requirements Manual (approved by Council Resolution 2002-475), and the City of Chula Vista SUSMP to the satisfaction of the Director of Engineering. (Engineering) Enter into a maintenance agreement with the City, where Applicant agrees to operate and maintain in perpetuity all private permanent BMPs deemed necessary by the Director of Engineering to provide service to said final map. Applicant shall subrnit and obtain approval frorn the Director of Engineering of a rnaintenance program for the proposed permanent BMPs. The maintenance program shall include, but not be limited to: I) a manual describing the maintenance activities of said facilities, 2) an estimate of the cost of such maintenance activities, and 3) a funding mechanisrn for financing the maintenance program. (Engineering) Prior to the issuance of each grading permit, or as otherwise approved by the Director of Building and Park Construction, the Applicant shall prepare, submit and obtain the approval of the Director of Building and Park Construction, Director of Engineering and Environmental Review Coordinator for a landscape and irrigation slope erosion control plan, All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and Grading Ordinance. Applicant shall install erosion control in accordance with approved plans within six months from the commencernent of grading. (Building and Park Construction, Engineering, Planning and Building, Environmental) Prior to issuance of any grading permit based on plans proposing the creation of down slopes adjacent to a_street, Applicant shall subrnit and obtain the Director of Engineering's approval of a study to determine the necessity of providing guardrail improvements at those locations, Applicant shall construct and secure any required guardrail improvements upon the request of 71. 72. 73. 74. 75. 76. 77. 78. the Director of Engineering, If so requested, the guardrail shall be installed per CalTrans Traffic Manual and Roadside Design Guide requirements to the satisfaction of the Director of Engineering. (Engineering) All private storm drains from the project shall connect into the public storm drain systern at a structure such as a cleanout or catch basin. Storm drain systems that collect water from private property shall be designated private on grading and drainage and/or irnprovement 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 systern, Downstream from that point, the storm drain systern shall be public. An encroachment permit shall be submitted for approval to the City for private storm drains within the public right-of-way or within C.F.D. rnaintained lots. (Engineering) Subrnit with grading and drainage and/or irnprovement plans, as applicable, hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. (Engineering) Brow ditches that cross over slopes greater than 10 feet in height and steeper than 3: I 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 frorn 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 Director of Engineering. (Engineering) Indicate on all affected grading plans that all walls which are to be rnaintained by open space districts shall be constructed entirely within open space lots dedicated to the City. (Engineering) Prior to the approval of each mass grading permit, Applicant will submit a drainage study to the satisfaction of the Director of Engineering showing that the interim grading conditions do not adversely irnpact downstream drainage systerns. (Engineering) Prior to issuance of each grading permit, Applicant shall demonstrate that the grading plans are in substantial compliance with the grading concepts outlined in the Freeway Commercial SPA Plan and consistent with the landform grading policies described in the City's General Plan. Said grading concepts will ensure that manufactured slopes are contoured to blend with and reflect adjacent natural slopes. (Engineering, Planning and Building) Prior to issuance of any grading permit proposing off-site grading within the Eastern Urban Center (EUC) project, Applicant shall demonstrate to the satisfaction of the Director of Engineering that said off-site grading operation is needed for the proposed grading operations. (Engineering) SEWER Applicant shall design all public sewer in accordance with the following requirernents: 79. 80. 81. a. Design all sewer access points (manholes) to be located at centerline of street, cul-de- sac center, or at the center of a travel lane, unless otherwise approved by the Director of Engineering. b, Provide improved all-weather paved access to all sewer rnanholes to withstand H-20 wheel load or other loading as approved by the Director of Engineering. c. Sewer access points (manholes) shall not be located on slopes or in inaccessible areas for maintenance equiprnent. d, Provide sewer manholes at all changes of alignment of grade, unless otherwise approved by the Director of Engineering. Install sewer mains such that there are no bends exceeding 45-degree to the direction of flow. e. Manholes should not be located in the wheel tracks on Class I Collector Streets and above, unless otherwise approved by the Director of Engineering, Manholes within intersections of Class I Collectors and above shall meet Regional Standard Drawing M- 4 (Locking). f. Sewer main pipes shall not run parallel and under slopes greater than 5: I unless otherwise approved by the Director of Engineering. g. Sewer lines, which are greater than 20 feet in depth, shall use C-900 or C-905 class pipe, as approved by the Director of Engineering. (Engineering) WATER Prior to approval of each fmal map, present verification to the Director of Engineering in the form of a letter fÌ"orn Otay 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/bonded indebtedness exist on the parcel(s). (Engineering) Prior to approval of each final map, present verification to the Director of Engineering in the form of a letter fÌ"om Otay Water District that the subdivision will be provided adequate water service and long-term water storage facilities. The Applicant shall phase and install water system improvements as required by the Otay Water District. (Engineering, Planning and Building) Avoid installation of privately owned water, reclairned water, or other utilities crossing any public street. This shall include the prohibition of installing sleeves for future construction of privately owned facilities. The Director of Engineering may waive this requirement if the following is accomplished: a. The Applicant enters into an agreement with the City where the Applicant agrees to the following: i. Apply and obtain approval of an encroachment permit for installation of private utilities within public right-of-way. ii, Maintain membership in an advance notice service, such as: the USA Dig Alert Service. iii. Mark out all private facilities/utilities owned by the Applicant whenever work is performed in the area. iv. The terms of this Agreement shall be binding upon the successors and assigns of the Applicant. b. Shutoff devices, as determined by the Director of Engineering, are provided at those locations where private facilities traverse public streets. (Engineering) AGREEMENTS/FINANCIAL 82. Enter into a supplernental agreement with the City wherein the Applicant agrees as follows: a. That the City may withhold building permits for the subject subdivision if anyone of the following occur: i, Regional development threshold limits set by the City have been reached or in order to have the Project comply with the Growth Managernent Program as may be amended from time to tirne. ii, Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to cornply with 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 Applicant may propose changes in the tirning and sequencing of developrnent 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. (Engineering, Planning and Building) b, 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 ernployees, to attack, set aside, void or annul any approval by the City including approval by its Planning Commission, City Councilor 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 clairn, action or proceeding, and on the further condition that the City fully cooperates in the defense. (Engineering, Planning and Building) 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 [mal map area. Applicant 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 fmal map only to those cable television companies iTanchised by the City of Chula Vista, the condition of such grant being that: (a) such access is coordinated with Applicant's construction schedule so that it does not delay or irnpede Applicant's construction schedule and does not require the trenches to be reopened to accommodate that placernent of such conduits; and (b) 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 iTom time to time be, issued by the City of Chula Vista. Applicant hereby conveys to the City of Chula Vista the authority to enforce said covenant by such rernedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. (Engineering, Planning and Building) d. That the City may withhold the issuance of building pennits for the Project, should the Applicant 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 Applicant of notice of such determination and allow the Applicant reasonable time to cure said breach. (Engineering, Planning and Building) e. Hold the City hannless from any liability for erosion, siltation or increase flow of drainage resulting frorn this project. (Engineering, Planning and Building) f. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP), (Engineering) g. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. This agreernent not to protest shall not be deemed a waiver of the right to challenge the amount of any assessrnent which may be imposed due to the addition of these new facilities and shall not interfere with the right of any person to vote in a secret ballot election. h. Indemnify, and hold hannless the City, its elected and appointed officers and employees, frorn 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 ftom any action by the Applicant, any agent or employee, subcontractors, or others. The Applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. (Engineering) 83. Prior to approval of each final map, the Applicant shall agree to contract with the City's current street sweeping franchisee, or other server approved by the Director of Public Works Operations to provide street sweeping for each phase of development on a ftequency and level of service comparable to that provided for similar areas of the City. The Applicant shall cause street sweeping to commence immediately after the first building, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street, or 60 days after the completion of all punch list items, whichever is shorter. The Applicant further agrees to provide the Director of Public Works Operations with a copy of the memo requesting street 84. 85. 86. 87. 88. 89. 90. sweeping service, Such rnemo shall include a map of areas to be swept and the date the sweeping will begin. (Engineering) Prior to approval of the first "A" map for the Project, Applicant shall grant an Irrevocable Offer of Dedication (I.O.D.) in fee, in a form approved by the City Attorney, for the right-of-way deemed necessary by the Director of Engineering to accommodate the future SR-125 facilities. In addition, the Applicant shall provide written evidence, acceptable to the Director of Engineering, dernonstrating that CALTRANS approves the proposed SR-125 right-of-way, (Engineering) Prior to approval of the first "A" rnap for the Project, Applicant shall grant an Irrevocable Offer of Dedication (I.O.D,) in fee to the City, in a form approved by the City Attorney, for the right- of-way not located within Street "A" deerned necessary by the Director of Engineering to accommodate the future MTDB facilities. Said right-of-way shall be shown as a separate lot in the first "A" map. In addition, Applicant shall provide written evidence, acceptable to the Director of Engineering, demonstrating that MTDB approves the proposed transit right-of-way. (Engineering) Prior to approval of the first "A" map, Applicant shall enter into a maintenance and grant of easement agreernent with the City, in a form approved by the City Attorney, where Applicant agrees to a) maintain the street trees, tree wells, irrigation system, landscaping, and sidewalks located within the public parkways (back of curb to right-of-way line) at both sides of Street "A" and Street "B". b) assume full responsibilities for any repairs to. the street hardscape, including but not limited to, sidewalk, curb and gutter, and AC pavernent, if determined by the City to be caused by the street trees or irrigation system; and c) indemnify and hold the City harmless frorn any liability resulting from Applicant's default on the above mentioned maintenance obligations. The Director of Public Works Operations may, at his/her sole discretion, waive this requirement or a portion thereof, should an alternative rnaintenance and funding rnechanisrn be approved by the City. (Engineering, Public Works Operations) The Applicant shall comply with all previous agreements still in effect as they pertain to this tentative rnap. (Engineering, Planning and Building) The Applicant shall irnplement the final. Air Quality Improvement Plan (AQIP) measures as approved by the City Council, and to comply and rernain in cornpliance with the AQIP. The Applicant shall also waive any claim that the adoption of a final AQIP constitutes an improper subsequent irnposition of the condition. (Planning and Building) The Applicant acknowledges that the City Council rnay, from time-to-time, modify air quality improvement and energy conservation measures related to new development as various technologies and/or programs change or become available. The Applicant shall modify the AQIP to incorporate those new measures, which are in effect prior to each final map approval within the Project. The new measures shall apply, as applicable, to development within all future final map areas, but shall not be retroactive to those areas which receive final map approval prior to effect of the subject new measures. (Planning and Building) The Applicant acknowledges that the City Council may, from time-to-time, modify water conservation rneasures related to new development as various technologies and/or programs change or become available. The Applicant shall be required to rnodify the Water Conservation I'lan (WCP) to incorporate those new measures, which are in effect prior to each final map approval within the Project. The new measures shall apply to development within all future final rnap areas, but shall not be retroactive to those areas, which received final map approval prior to effect of the subject measures. (Planning and Building) 91. Submit, prior to approval of the each Final "B" map, evidence acceptable to the Director of Engineering and the Director of Planning and Building, of the formation of a Business Owner's Association, and/or another financial mechanisrn acceptable to the City Manager (herein referred to as "BOA"). The BOA formulation documents and BOA budget regarding this condition 89 shall be subject to approval by the City Attorney. CC&R's and/or other alternative similar documentation (herein collectively referred to as "CC&R's) for the Project shall be subrnitted to the Planning and Building Department for review and approval no later than 60 days after approval of each Final "B" rnap, and shall include all of the following: a) Provisions ensuring the rnaintenance of all common facilities located within the project including, but not be limited to: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures, water treatment facilities, landscaping, trees, streets, parking lots, driveways, and sewage systems that are private. Common facilities are to be identified or labeled in an exhibit in the CC&R's. b) Language establishing the BOA responsibilities to maintain public landscaping and/or improvements in conformance with the Maintenance Responsibility Map. c) Language establishing the BOA responsibility to rnaintain trees, tree wells, sidewalk, irrigation system, and landscaping located within the public parkways at both sides of Street "A" and Street "B" (back of curb to right-of-way line). The Director of Public Works Operations may, at his/her sole discretion, waive this requirement or a portion thereof, should an alternative maintenance and funding rnechanism be approved by the City. d) Language naming the City of Chula Vista as a party to the CC&R's, with the authority, but not the obligation, to enforce the terms and conditions of the CC&R's in the same manner as any owner within the BOA. Should the City act to enforce any of the CC&R's, the BOA shall immediately reimburse the City for all costs associated with such actions. e) 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 BOA 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 BOA unless otherwise approved by the Director of Planning and Building. f) The BOA shall indemnify and hold the City harmless from any clairns, demands, causes of action liability or loss related to or arising from the rnaintenance activities 92, 93, 94. 95. of the BOA. g) The BOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of 100 percent of the holders of first mortgages or property owners within the BOA, h) The BOA is required to procure and maintain a policy of cornprehensive general liability insurance written on a per-occurrence basis in an amount not less than one rnillion dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured and shall not contain a cross-party exclusionary clause. i) Provisions requiring daily sweeping of common parking lots and internal drives by a reputable sweeping company. j) Language assuring BOA mernbership in an advance notice service such as the USA Dig Alert Service in perpetuity. The Applicant shall be required to equitably participate in any future regional irnpact fee program for regional facilities should the region enact such a fee program to assist in the construction of such facilities. The Applicant shall enter into an agreernent with the City which states that the Applicant will not protest the formation of any potential future regional benefit assessment district formed to finance regional facilities. This agreernent to not protest the formation of said regional benefit assessment district shall not be deemed a waiver of the right to challenge the amount of any fee which may be imposed due to these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. (Engineering) Prior to issuance of each building permit within the Freeway Commercial SPA, the Applicant shall pay fees or some other financing mechanism approved by the school district to provide for the construction of needed elementary, rniddle and high schools. (Engineering) Prior to approval of the first "A" Map for the project in order to satisfy the Project's fair-share contribution for financing the regional transit system, the Applicant shall enter into an agreement with the City which states that the Applicant will not protest the formation of any potential future regional benefit assessment district formed to finance the regional transit system. This agreement to not protest the formation of said regional benefit assessment district shall not be deemed a waiver of the right to challenge the amount of any fee, which may be imposed due to these new irnprovements and shall not interfere with the right of any person to vote in a secret ballot election (Engineering, MTDB) OPEN SPACE/ASSESSMENTS In the event Applicant requests the formation of a Community Facility District (CFD) for providing a funding mechanisrn for the maintenance of public irnprovements within the Proj ect, the Applicant shall make such request, and obtain City Council approval for the formation of said CFD prior to the approval of the first "A" map for the Project. The Applicant shall submit a list of amenities, acreage and maintenance costs for all public open space lots and facilities, including, but not lirnited to, the parkways, medians, open space lots, enhanced paving and 96. 97. 98. 99. 100. 101. 102. 103. water quality treatment facilities. Maintenance of the improvements shall be accomplished by the Applicant for a minimum period of one year, or until such time as accepted into the CFD by the Director of Public Works Operations. If Council does not approve the CFD formation, sorne other financing mechanism, such as Business Owners Association, or an endowment shall be established and submitted to the City Council for consideration prior to approval of the first "A" map. All costs of fonnation and other costs associated with the processing of the CFD for this project shall be paid for by the Applicant. The Applicant shall provide all the necessary information and materials (e.g., tables, diagrams, etc.) required by the Director of Engineering for processing the formation ofthe proposed CFD. (Engineering) Grant in fee to the City on the applicable final rnap, all the open space lots to be maintained by the City through an open space district. Applicant shall provide on the final map a certificate, pursuant to section 66477.2(a) of the Subdivision Map Act, rejecting those open space lots to be maintained by the Business Owners Association, as determined by the Director of Engineering. (Engineering) Prior to issuance of any grading permit which includes Landscaping and Irrigation (L&I) improvements to be installed in an open space lot to be rnaintained by the CFD, the Applicant shall place a cash deposit with the City which will guarantee the maintenance of the L&I irnprovements until the City accepts said improvements. In the event the improvements are not maintained to City standards as determined by the Director of Engineering, Director of Public Works Operations, or the Director of Building and Park Construction, the deposit shall be used to perform the maintenance. The amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months as detennined by the Director of Engineering. Any unused portion of said deposit shall be incorporated into the open space district's reserve at such time as the open space district assumes the maintenance of the open space lot. (Engineering, Public Works, Building and Park Construction) All Project landscaping shall conform to the design elements of the City's Landscape Manual. (Building and Park Construction) Provide proof to the satisfaction of the Director of Engineering and Director of Building and Park Construction that all improvements located on open space lots will be incorporated into and maintained by a Business Owner's Association or a CFD. (Engineering, Building and Park Construction) Prior to approval of the first "A" map for the Project, the Applicant shall enter into a maintenance and grant of easements agreement as necessary for landscaping and improvements maintained by a Business Owner's Association within City right-of-way or such other public areas required by the City. (Engineering, Building and Park Construction) Provide rninimum 15' wide easements to the City ofChula Vista as required by the Director of Engineering for construction and maintenance of sewer facilities. (Engineering) Provide minimum 15' wide easements to the City of Chula Vista as required by the Director of Engineering for construction and maintenance of stonn drain facilities, (Engineering) Provide easements for all off-site public storm drains and sewer facilities prior to approval of 104. 105. 106. 107. 108. 109. 110. 111. each final map requiring those facilities unless Section 66462.5 of the State Map Act applies. The easements shall be sized as required by the City ofChula Vista Standards, unless otherwise approved by the Director of Engineering. (Engineering) Grant on all applicable final maps, easements along all public streets within the subdivision as shown on the tentative map and in accordance with City standards unless otherwise approved by the Director of Engineering and the Director of Planning and Building, The Director of Engineering rnay require either the rernoval or the subordination of any easement, which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way. (Engineering) Provide a 20-foot minimum sewer and access easement for public sewer lines located between buildings, unless otherwise required by the Director of Engineering. All other easements shall meet City standards for required width. (Engineering) Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any final map that proposes private access, utilities or drainage facilities crossing property lines as directed by the Director of Engineering. (Engineering) Grant to City 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 easernents shall be as required by the Director of Planning and Building and the Director of Engineering to provide adequate access for maintenance of said walls. (Engineering) Storm drain easements shall be private unless the storm drain systerns therein are public. (Engineering) Provide for the removal or subordination of any easement which may unreasonably interfere with the full and cornplete exercise of any required public easement or right-of-way to the satisfaction of the Director of Engineering. (Engineering) LANDSCAPE Prior to issuance of each construction permit and grading permit for the Project, the Applicant shall secure all landscape improvements associated with the improvements covered by said permit. The security shall be in amounts as determined by the Director of Building and Park Construction and approved in form by the City Attorney, Applicant shall prepare and submit to the Director of Building and Park Construction landscape improvement plans concurrent with the second subrnittal of street improvement or grading improvement plans for corresponding areas. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and the SPA. Applicant shall agree to and shall install all landscape improvernents in accordance with the approved plans to the satisfaction of the Directory of Planning and Building and the Director of Building and Park Construction. (Planning and Building, Engineering, Building and Park Construction) The applicant shall install all street trees in accordance with Section 18.28.010 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 are to be consistent with tree species 112. 113. 114. described in the Freeway Commercial Design Plan, Freeway Commercial SPA Plan and Landscape Master Plan, and shall be subject to approval by the Director of Planning and Building and Director of Public Works Operations. Prior to the installation of any dry utilities, including but not limited to cable, telephone, gas or electric lines, Applicant agrees to complete preliminary street irnprovement plans that show the location of all future street trees, which will be subject to the review and approval of the Director Building and Park Construction and the Director of Planning and Building. Prior to any utility installation, wood stakes shall be placed by the Applicant on site according to approved preliminary street irnprovement plans that depict street trees and shall be painted a bright color and labeled as future street tree location. Applicant further agrees to provide City documentation, acceptable by the Director Building and Park Construction and the Director of Planning and Building, that all utility companies have been given notice that no dry utility line shall be located within five feet of the wood stake in any direction. Applicant will maintain street tree identification stakes in locations as shown on approved preliminary plans until all dry utilities are in place. A street tree improvement plan, including rnailbox locations, shall be submitted for review and subject to the approval of the Director of Planning and Building and the Director of Engineering prior to or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the selection of street trees for the street parkways. (Engineering, Planning and Building, Building and Park Construction) Design landscape and irrigation plans such that street tree placement is not in conflict with the sight visibility of any traffic signage. The Applicant shall be responsible for the removal of any obstructions within the sight visibility of said traffic signs to the satisfaction of the Director of Engineering. (Engineering) Prior to the approval of the first "A" map or issuance of the first grading permit proposing to create finished lots, whichever occurs first, Applicant shall prepare, submit and receive approval from the Director of Building and Park Construction of a comprehensive Project Landscape Master Plan. Such approval shall be indicated by rneans of the Director's signature and date on said Plan. The contents of the Landscape Master Plan shall conform to the City staff checklist and contain the following major components: . Landscape Concept Wall and Fence Plan, indicating type, material, height and location. Maintenance Responsibility Plan Planting Concept Plan Master Irrigation Plan (Building and Park Construction, Planning and Building, Engineering, Public Works) MISCELLANEOUS Prior to approval of each final map, Applicant shall subrnit copies of the final map in a digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file of the final map shall combine all map sheets into a single CADD drawing, in DXF, DWG or Arc View (GIS) format and shall contain the following individual layers: Subdivision Boundary (closed polygons), 115. 116. 117. Lot Lines (closed polygons) Street Centerlines (polygons) Easements (polylines) Street names (annotation) Lot numbers (annotation) (Engineering) Within thirty (30) days of the Director of Engineering approval, the Applicant shall submit copies of all approved grading and improvernent plans associated with the project in digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital files shall combine all sheets into a single CADD drawing for each set of plans, in DXF, DWG or Arc View (GIS) format. (Engineering) Within thirty (30) days of the City Council approval of these tentative map conditions, or prior to the submittal of the first "A" map for the Project, whichever occurs first, the Applicant shall subrnit 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 cornbine 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 digital drawing file shall be subrnitted in accordance with the City Guidelines for Digital Submittal on 3-Yz" disks or CD, as an e-rnail attachment to the Director of Engineering, or as otherwise approved by the Director of Engineering, (Engineering) FIRE AND BRUSH MANAGEMENT The Applicant shall comply with the Fire Department's codes and policies for Fire Prevention, as may be amended from time to time. The Applicant shall provide the following items prior to delivery of combustible materials on any construction site on the Project: 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 (or an acceptable alternative approved by the Fire Marshal and in compliance with the UF.C.), c, Street signs installed to the satisfaction of the Director of Engineering. Temporary street signs shall be subject to the approval of the Director of Engineering and Fire Marshal. Locations and identification of temporary street signs shall be subject to review and approval by the Director of Engineering and Fire Marshal. (Fire, Engineering) 118. 119. 120, 121. 122. 123. 124. 125. 126. Applicant shall obtain the approval of the City's Fire Marshal for the timing of construction of all internal streets in the Project. (Fire, Engineering) In addition to those fire hydrants depicted on the tentative map, the applicant shall install additional fire hydrants upon request and to the satisfaction of the Fire Marshal. (Fire, Engineering) Construct a ternporary turnaround or street improvements, upon the request of and as determined necessary by the Director of Engineering and Fire Marshal, at the end of temporarily stubbed streets greater than 150 feet in length (as measured ITom the nearest street centerline intersection). (Engineering) CODE REOUIREMENTS Cornply with all applicable sections of the Chula Vista Municipal Code including Chapter 15.04 "Grading Ordinance" as amended. Preparation of the final maps 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. (Engineering) Underground all utilities within the subdivision in accordance with Municipal Code requirements to the satisfaction of the Director of Engineering. (Engineering) Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The Applicant shall be responsible for providing all required testing and documentation to demonstrate said cornpliance as required by the Director of Engineering. (Engineering) Pay all required fees, including the following fees, in accordance with the City Code and Council Policy: The Transportation and Public Facilities Development Impact Fees. Traffic Signal Participation Fees. All applicable sewer fees, including but not limited to sewer connection fees. Interim SR-125 Developrnent Impact Fee Poggi Canyon Gravity Sewer Basin DIP Pay the amount of said fees in effect when payment is due. (Engineering, Planning and Building) GROWTH MANAGEMENT/PUBLIC FACILITIES FINANCING PLAN (PFFP)! PHASING Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as rnay be amended ITom tirne to time by the City. Said chapter includes but is not lirnited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09,100). (Engineering, Planning and Building) Install public facilities in accordance with the Freeway Commercial Public Facilities Finance Plan as may be amended ITom time to time, or as required by the Director of Engineering to 127. 128. rneet threshold standards adopted by the City of Chula Vista. The Director of Engineering and Director of Planning & Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. (Engineering, Planning and Building) PHASING If the applicant proposes to modify the Freeway Commercial SPA approved phasing plan, the applicant shall submit to the City a revised phasing plan for review and approval upon request of the Director of Engineering. prior to approval of the first fmal "B" Map. The PFFP shall be revised where necessary to reflect the revised phasing plan, (Engineering) The Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and tentative rnap with improvernents 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 the Freeway Commercial SPA, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other Freeway Commercial SPA Plan document grant the Applicant an entitlement to develop as assumed in the PFFP, or lirnit the Freeway Commercial SPA's facility improvement requirernents 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 Freeway Commercial SPA developrnent patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The Director of Engineering may modify the sequence of improvement construction should conditions change to warrant such a revision. (Engineering)