HomeMy WebLinkAboutReso 2003-143 RESOLUTION NO. 2003-143
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A PRECISE PLAN TO BE
KNOWN AS BELLA LAGO AND A TENTATIVE
SUBDIVISION MAP, CHULA VISTA TRACT 00-03 TO
SUBDIVIDE 180 ACRES EAST OF THE FUTURE STATE
ROUTE 125, NORTH OF PROCTOR VALLEY ROAD INTO
140 RESIDENTIAL LOTS AND 4 OPEN SPACE LOTS
I. RECITALS
A. Project Site
WHEREAS, the area of land which is the subject matter of this resolution is
diagrammatically represented in Exhibit "A," attached hereto and incorporated herein by this
reference, and commonly known as Bella Lago, and for the purpose of general description herein
consists of approximately 180 acres located east of the future State Route 125 freeway, and north
of Proctor Valley Road (Project Site); and
B. Project; Application for Discretionary Approval
WHEREAS, a duly verified application was filed with the City of Chula Vista Planning
and Building Department on November 25, 2001, by Bella Lago, LLC (Developer) requesting
approval of a Precise Plan and a Tentative Subdivision Map, Chnla Vista Tract 03-03, to
subdivide 180 acres into 140 residential single family lots and 4 open space lots (Project); and
C. Prior Discretionary Approvals
WHEREAS, the development of the Project Site has been the subject matter of various
entitlements and agreements, including: annexation and pre-zoning, both previously approved by
City Council Resolution No. 18531 on December 17, 1996 and City Council Ordinance No.
2673 on May 21, 1996 (referred to collectively herein as "Project Prior Entitlements "); and
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on the Precise
Plan and Tentative Subdivision Map on March 12, 2003 and, after hearing staff presentation and
public testimony, voted 6-0-0 to recommend that the City Council approve the Bella Lago
Precise Plan and Tentative Subdivision Map, Chula Vista Tract 03-03, in accordance with the
findings and subject to the conditions listed below; and
E. City Council Record of Applications
WHEREAS, a duly called and noticed public hearing on the Precise Plan and Tentative
Subdivision Map was held before the City Council of the City of Chula Vista on April 8, 2003
on the project and to receive the recommendations of the Planning Commission, and to hear
public testimony with regard to same; and
WHEREAS, the City Clerk set the time and place for a hearing on said Precise Plan and
Tentative Subdivision Map applications, and notice of said hearing, together with its purpose,
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Page 2
was given by its publication in a newspaper of general circulation in the City, and its mailing to
property owners within 500 ft. of the exterior boundary of the project at least 10 days prior to the
hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
April 8, 2003, in the Council Chambers, 276 Fourth Avenue, before the City Council and said
hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find,
determine and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at its
public hearing on the project application held on March 12, 2003, and the minutes and
resolutions resulting therefrom, are hereby incorporated into the record of this proceeding.
III. PREVIOUS FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) 02-05
REVIEWED AND CONSIDERED; FINDINGS; APPROVALS
The City Council of the City of Chula Vista has previously reviewed, analyzed,
considered, and certified FEIR 02-05 for the project.
IV. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The Director of Planning and Building has determined that all impacts associated with
the proposed Tentative Subdivision Map and Precise Plan have been addressed by FEIR 02-05,
Bella Lago. The Tentative Map and Precise Plan is in substantial conformance with the
conceptual tentative map and grading plans on which the FEIR analysis was based and,
therefore, approval and implementation of the Tentative Map does not change the basic
conclusions of the FEIR. The FEIR has been prepared in accordance with requirements of the
California Environmental Quality Act, State EIR Guidelines and the Environmental Review
Procedures of the City of Chula Vista.
V. INDEPENDENT JUDGMENT OF CITY COUNCIL
WHEREAS the City Council found that the FEIR 02-05 has been prepared in accordance
with the requirements of the California Environmental Quality Act, and the Environmental
Review Procedures of the City of Chula Vista; and
WHEREAS the City Council found that the Environmental Impact Report reflected the
independent judgment of the City Council of the City of Chula Vista and adopted the
Environmental Impact Report prepared for the project.
VI. GENERAL PLAN INTERNAL CONSISTENCY
The City Council hereby finds and determines that the proposed Precise Plan and the
subdivision of 180 acres into 140 single-family lots and 4 open space lots are consistent with the
adopted Chula Vista General Plan and other adopted policies
VII. PRECISE PLAN FINDINGS/APPROVAL
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A. THAT SUCH PLAN WILL NOT, UNDER THE CIRCUMSTANCES OF THE
PARTICULAR CASE, BE DETERIMENTAL TO THE HEALTH, SAFETY OR
GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE VICINITY,
OR INJURIOUS TO PROPERTY OR IMPOROVEMENTS IN THE VICINITY.
The Precise Plan density and property development standards are consistent with
the RE zone district, and have been designed as a continuation of the westerly adjacent
residential estate development. Thus, the precise plan complements the existing and
furore development in the vicinity. Thus, it will not be detrimental to the health, safety or
general welfare of the persons residing or working in the vicinity.
B. THAT SUCH PLAN SATISFIES THE PRINCIPLE FOR THE APPLICATION
OF THE P MODIFYING DISTRICT AS SET FORTH IN SECTION 19.56.041.
The project meets two of the requirements set forth in Section 19.56.041, which
states that the Precise Plan Modifying District may be applied when one or more of the
criteria are met. The following criteria have been met:
1. The subject property, or the neighborhood area in which the property is
located, is unique by virtue of topography, geological characteristics, access,
configuration, traffic circulation or some social or historic situation requiring
special handling of the development on a precise plan basis.
The site is approximately 180 acres and is proposed as a singular
residential land use consistent with the intent of the General Plan. The site
contains sensitive resources that will be protected through the precise plan to help
implement the City's MSCP. The precise plan will include design features that
will ensure a quality development in keeping with the intent of the estate area.
2. The basic or underlying zone regulations do not allow the property o~ner
and/or the City the appropriate control or flexibility needed to achieve an efficient
and proper relationship among the uses allowed in the adjacent zone.
The site's PC zone is intended for larger, more varied projects that require
multiple phases and years to implement. The proposed R-E zone will better
represent the scale of Bella Lago. Implementation of the P-C zone would create
an income burden to the property owner and is unnecessary since the R-E zone
and the controls inherent in it can implement all of the City's objectives.
C. THAT ANY EXCEPTIONS GRANTED WHICH DEVIATE FROM THE
UNDERLYING ZONING REQUIREMENTS SHALL BE WARRANTED ONLY
Vvl-IEN NECESSARY TO MEET THE PURPOSE AND APPLICATION OF THE P
PRECISE PLAN MODIFYING DISTRICT.
With the exception of the minimum lot area requirements, which is proposed to be
15,000 sq. ft., Floor Area Ratio, which is proposed to be .50, rear yard setback, which is
proposed to 20 feet from the property line, and a special 50-foot setback building setback
for lots abutting the perimeter of the project site, the Bella Lago Property Development
Standards are consistent with the requirements prescribed in the RE Zone District.
The minimum lot size has been reduced from the required 20,000 sq. ft. in the RE
Zone District to 15,000 sq. ft. in order to compensate for the 86.5 acres of open space that
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the Developer will dedicate as open space under the MSCP program. However, the
Tentative Subdivision Map, Chula Vista Tract 03-03, has been designed with 75% of the
lots at a 20, 000 square foot minimum and 25% at a 15,000 square foot minimum. This
lot size distribution is allowed in the RE Zone District.
Additionally, the maximum Floor Area Ratio has been increased from .45 to .50
and the rear yard setbacks reduced from 25 feet to 20 feet to further compensate for the
86.5 acres of open space that the Developer will be dedicated under the MSCP.
In order to protect the development from potential fires coming from the open
space surrounding the entire property, the Precise Plan includes a 50-foot Fuel Buffer
zone along the entire perimeter of the property. This buffer setback is unique to the Bella
Lago Project and not required in the RE zone District.
D. THAT APPROVAL OF THIS PLAN WILL CONFORM TO THE GENERAL
PLAN AND THE ADOPTED POLICIES OF THE CITY.
The Precise Plan is consistent with the approved plans and regulations applicable
to surrounding areas. The proposed precise plan is consistent with the Chula Vista
General Plan.
VIII. ADOPTION OF PRECISE PLAN
In light of the findings described herein, the Bella Lago Precise Plan, on file in the office
of the City Clerk, is hereby approved contingem upon Ordinance No. 2906 being adopted and
entering into effect, and subject to the following conditions of approval:
IX. PRECISE PLAN CONDITIONS OF APPROVAL
1. Prior to approval of the first Final Map for the Project, revise the Bella
Lago Precise Plan, "P" Modifying District Regulations, Bella Lago Fuel
Modification Zone Plan, as modified by the City Council, and as deemed
appropriate by City staff to delete strike underline text, references to previous
documents, inconsistencies and other clean-up items before final printing.
(Planning and Building)
2. Prior to approval of the initial fmal map, submit to the Planning and
Building Depadment 20 copies of the adopted Precise Plan and FEIR, CEQA
Findings, and Mitigation Monitoring Program in plastic 3-ring binders. Specific
document format, table of contents binder size, cover and titles shall be as
determined by the Director of Planning and Building. (Planning and Building)
3. Include the maintenance responsibility of the City's Greenbelt system in
the Project's Homeowner's Association. (Planning and Building)
4. The Developer shall comply with the take permit/anthorization from the
U.S. Fish and Wildlife Service and California Depattment of Fish and Game, or
comply with the approved City of Chula Vista MSCP Subarea Plan whichever is
applicable to the Project. (Planning and Building)
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5. Prior to the construction of State Route 125, the City shall stop issuing
new building permits for Bella Lago when the City, in its sole discretion,
determines either:
a. Building permits for a total of 9,429 dwelling units have been issued
for projects east of Interstate 805, or
b. An alternative measure is selected by the City in accordance with the
City of Chula Vista Growth Management Ordinance.
The start date for counting the 9,429 dwelling units is January 1, 2000.
Notwithstanding the foregoing, the City may issue building permits if the City
Council decides in its sole discretion that either: the circulation system has
additional capacity without exceeding the GMOC traffic threshold standards
based upon traffic studies approved by the City Engineer; other improvements are
constructed which provide additional necessary capacity; or the City selects an
alternative method of implementing the GMOC standards. (Engineering)
X. TENTATIVE MAP FINDINGS/APPROVAL
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the
City Council finds that the Tentative Subdivision Map, as conditioned herein for Bella
Lago, Chula Vista Tract No. 03-03, is in conformance with the elements of the City's
General Plan, based on the following:
Land Use
The Eastern Territories Planning Area identifies the area as Low Residential (0-3 du/ac).
The Project Site has a development potential of 540 dwelling units at a density of 3 du/ac. The
proposed tentative map requests 140 dwelling units at a density of .78 dwelling units per acre.
Therefore, the Project is in substantial compliance with the land use and permitted
density of the Eastern Territories Planning Area. The Project proposes single-family
development with lots sizes averaging 23,413 square feet on a site that is adjacent to the Rolling
Hills Ranch development on the west. Rolling Hills Ranch proposes similar estate sized lots and
incorporates the same variety of lot sizes and density ranges as Bella Lago, and therefore the
project is compatible with the adjacent land uses in the surrounding area.
Circulation
In accordance with the Bella Lago Precise Plan, the Developer will construct all on-site
streets required to serve the subdivision.
The streets within the Project will be sized and designed per City design standards and/or
requirements, or modifications accepted by the City Engineer. The required and anticipated
off[~site improvements would be designed to handle this Project and future projects in the area.
Housing
The Bella Lago subdivision provides a mix of lot sizes for single-family residences.
Prior to recordation of any final subdivision map for Bella Lago, the Developer will enter into an
Affordable Housing Agreement. The agreement will set forth the method of determination of the
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in-lieu contribution, schedule for payment, and the value of the total in-lieu contribution, or the
acquisition of excess affordable housing units from surrounding master planned communities,
subject to approval of the Community Development Director.
Conservation
The Environmental Impact Report FEIR 02-05 addresses the goals and policies of the
Conservation Element of the General Plan and found the development of this site to be consistent
with these goals and policies.
Parks and Recreation, Open Space
In fulfillment of its obligation to provide 3 acres of parkland per 1,000 population, the
projected population for the new subdivision is 457 residents and therefore the park dedication
requirements are 1.48 acres. The Developer will pay in-lieu fees for both parkland dedication
and park development. Additionally, approximately 86.5 acres of the project site will be placed
into dedicated open space and 2.5 acres off-site as part of the City's MSCP Subarea Plan.
Seismic Safety
The proposed subdivision is in conformance with the goals and policies of the Seismic
Element of the General Plan for this site.
Safety
The Fire Department and other emergency service agencies have reviewed the proposed
subdivision for conformance with City safety policies and have determined that the proposal
meets the City Threshold Standards for emergency services.
Noise
The proposed subdivision is in conformance with the goals and policies of the Noise
Element of the General Plan for this site. No noise mitigation is proposed.
Scenic Highway
The project site is not located adjacent to a designated scenic highway.
Bicycle Routes
Although no designated regional off-street bicycle routes are included as components of
the internal circulation network of Bella Iago, bicyclists will be readily able to share the internal
streets with motor vehicles due to low traffic volumes and the limited speeds allowed.
Public Buildings
No public buildings are proposed on the project site. The project is subject to RCT fees
prior to issuance of building permits.
B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that
it has considered the effect of this proposal on the housing needs of the region and has
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balanced those needs against the public service needs of the residents of the City and the
available fiscal and environmental resources.
C. The configuration, orientation and topography of the site partially allow for the
optimum setting of lots for passive or natural heating and cooling opportunities as
required by Government Code Section 66473.1.
D. The site is physically suited for residential development because adequate level
building sites can be provided without impacting sensitive biological resources. The
Project design is consistent with the requirements of the General Plan Land Use Element
and the Project conforms to all standards established by the City for such project.
Additionally, the site is physically suited for the proposed density of development
because all necessary public services are available to the Project or will be available
commensurate with need.
E. The conditions herein imposed on the grant of permit or other entitlement herein
contained are approximately proportional both in nature and extend to the impact created
by the proposed development.
BE IT FURTHER RESOSLVED that in light of the findings above, the City Council
does hereby approve the Tentative Subdivision Map, Chula Vista Tract 03-03 contingent upon
Ordinance No. 2906 being adopted and entering into effect, and subject to the general and
specific conditions set forth below.
XI. TENTATIVE MAP CONDITIONS OF APPROVAL
Prior to approval of the first Final Map for the Project, unless otherwise indicated, the
Developer, or their successors in interest shall:
GENERAL/PRELIMINARY
Should conflicting wording or standards occur within these conditions of approval, the
City Manager or designee shall resolve any conflict. The approval of the foregoing Tentative
Subdivision Map, which is stated to be conditioned on "General Conditions", is hereby
conditioned as follows:
A. Project Site is Improved with Project
The Developer, or its successors in interest, shall improve the Project Site with
the Project as described in the Tentative Subdivision Map, Chula Vista Tract 03-03 and
FEIR 02-05, except as modified by this resolution.
B. Implement Mitigation Measures
The Developer shall diligently implement, or cause the implementation of all
mitigation measures pertaining to the Project identified in the Final Environmental
Impact Report, Bella Lago, FEIR 02-05, the candidate CEQA Findings and Mitigation
Monitoring and Reporting Program for the Project. Any such measures not satisfied by a
specific condition of this resolution or by the project design shall be implemented to the
satisfaction of the Director of Planning and Building. Mitigation Measures shall be
monitored via the Mitigation Monitoring Program approved in conjunction with the
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FEIR. Modification of the sequence shall be at the discretion of the Director of Planning
and Building should changes in the circumstances warrant such revision.
C. Implement Precise Plan
The Developer shall diligently implement, or cause the implementation of the
Precise Plan. The Developer shall install public facilities in accordance with Bella Lago
Precise Plan, 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,
schedule, alignment and design of improvement construction should conditions change to
warrant such a revision.
C. Contingency of Project Approval
Approval of the Tentative Map is contingent upon adoption of the Bella Lago
Precise Plan (PCM 02-12) and Rezone Ordinance (PCZ01-04).
SPECIAL CONDITIONS OF APPROVAL
1. Unless otherwise specified, all conditions and code requirements listed
below shall be fully completed to the City's satisfaction prior to approval of the
first Final Map for the Project.
2. All of the terms, covenants and conditions contained herein shall be
binding upon and inure to the benefit of the heirs, successors, assigns and
representatives of the Developer as to any or all of the Property. For purposes of
this document the term "Developer" shall also mean "Applicant". (Planning and
Building)
3. The Developer shall comply with all requirements and guidelines of the
City of Chula Vista General Plan; the City's Growth Management Ordinance;
Chula Vista Landscape Manual, Chula Vista Design Plan, Subdivision Manual,
Municipal Permit Order #2001-01, Affordable Housing Program, Bella Lago
Precise Plan, Bella Lago Property Development Standards and FEIR 02-05; all as
may be amended from time to time, unless specifically modified by the
appropriate department head, with the approval of the City Manager. These plans
may be subject to minor modifications by the appropriate department head, with
the approval of the City Manager, however, any material modifications shall be
subject to approval by the City Council. (Planning and Building)
4. 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 Developer shall be notified 10 days in advance
prior to any of the above actions being taken by the City and shall be given the
oppommity to remedy any deficiencies identified by the City. (Planning and
Building)
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5. In the event of a filing of a Final Map for the Project which requires over
sizing 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 over sizing of facilities required to serve such other properties as
determined by City Engineer (in accordance with the restrictions of state law and
City ordinances). (Engineering)
STREETS AND RIGHT OF WAYS
6. Concurrent with approval of each Final Map for the Project, the Developer
shall submit Improvement Plans for the applicable neighborhood for review and
approval by the City Engineer, Director Building and Park Construction and the
Director of Planning and Building. Applicant shall secure in accordance with
Section 18.16.220 of the Municipal Code, as necessary, the construction and/or
construct full street improvements for all on-site and off-site streets as identified
on the Tentative Map, and as may be amended from time to time and as deemed
necessary to provide service to the subject subdivision. Said improvements shall
include, but not be limited to, asphalt concrete pavement, base, concrete curb,
gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities,
street lights, traffic signals, signs, landscaping, irrigation, fencing, fire hydrants
and street light locations, subject to the approval of the City Engineer.
(Engineering)
7. Prior to the issuance of each street construction permit for the Project, the
Developer shall prepare and secure, to the satisfaction of the City Engineer and
the Director Building & Park Construction, for parkway and median landscape
and irrigation plans. All plans shall be prepared in accordance with the currant
Chula Vista Landscape Manual and the Bella Lago Precise Plan, as may be
amended from time to time. Applicant shall install all improvements in
accordance with approved plans to the satisfaction of the Director Building &
Park Construction and the City Engineer. (Building & Park Construction,
Engineering)
8. Prior to the approval of the first Final Map for the Project, the Developer
shall construct or enter into an agreement to construct and secure all street
improvements as required by City Engineer, for each particular development
phase, as may be amended from time to time. The Developer shall construct the
improvements and provide security satisfactory to the City Engineer and City
Attorney. (Engineering)
9. Prior to approval of each Final Map, the Developer shall 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)
10. Developer shall, prior to the issuance of each rough grading permit
proposing to grade individual lots and streets for the Project, 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 front and back of sidewalks to the satisfaction of the City Engineer.
(Engineering)
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11. Developer shall 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 easements 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 Developer 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 estimated cost of acquiring said right-of-way
or easements. Said estimate is subject to the approval of the City
Engineer.
c. Have all right-of-way and/or easement documents and plats prepared
and appraisals complete, as necessary to commence condemnation
proceeding, and as determined by the City Engineer.
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 Developer shall pay all costs, both
direct and indirect, incurred in said acquisition.
e. Items a, b, and c above shall be accomplished prior to the approval of
the applicable final map. (Engineering)
12. The Developer shall grant on the applicable Final Maps sight visibility
easements to the City of Chula Vista for comer lots, as required by the City
Engineer, 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 City Engineer. (Engineering)
13. Design landscape and irrigation plans such that street tree placement is not
in conflict with the sight visibility of any traffic signage. The Developer shall be
responsible for the removal of any obstructions within the sight visibility of said
traffic signs to the satisfaction of the City Engineer. (Engineering)
14. Developer shall constmct or enter into an agreement to construct and
secure, in accordance with Section 18.16.220 of the Municipal Code, the required
street improvements as shown in Table 1:
Table I
Off Site Streets 1. Off Site Streets Southerly Access: Obtain right of way, secure and
agree to construct all streets and necessary drainage / water quality
improvements as determined by the City Engineer prior to the first
Final Map for the Project from the existing paved portion of Proctor
Valley Road to Project's southerly access point as shown on
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Tentative Map 92-02, as amended, including:
Proctor Valley Road easterly from existing to Agua Vista Dr. Agua
Vista Dr., Proctor Valley Road to Rancho Estate Place. Rancho
Estate Place, Agua Vista Dr. to westerly Project boundary.
2. Northerly Access: Obtain right of way, secure and agree to
construct all streets and necessary drainage / water quality
improvements as determined by the City Engineer prior to the first
Final Map for the Project containing the 69th dwelling unit, from the
existing portion of Proctor Valley Road to both Project access points
as shown on Tentative Map 92-02, as amended, including:
Proctor Valley Road easterly from existing to Agua Vista Dr. Agua
Vista Dr., Proctor Valley Road to Ranch Lakes Way (northerly
access point). Ranch Lakes Way, Agua Vista Dr. to Westerly
Project boundary. Rancho Estate Place (southerly access point),
Agua Vista Dr. to westerly project boundary.
15. 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)
16. The Developer shall 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. (Engineering)
17. The Developer shall 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).
(Engineering)
18. The Developer shall 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 SAG vertical curves may be permitted, with the approval of the City
Engineer, at intersections per American Association of State Highway and
Transportation Officials (AASHTO) standards. (Engineering)
19. Prior to approval of each Final Map, the Engineer-of-Work shall submit
and obtain approval by the City Engineer a waiver request for all subdivision
design items not specifically waived on the Tentative Map, and not conforming to
the adopted City standards. The Engineer-of-work request shall outline the
requested subdivision design deviations from adopted City standards and state
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that in his/her professional opinion, no safety issues will be compromised. The
waiver is subject to approval by the City Engineer in the City Engineer's sole
discretion. (Engineering)
20. The Developer shall construct sidewalks and construct pedestrian ramps
on all walkways to meet "Americans with Disabilities Act" (ADA) standards and
subject to approval of 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.
(Engineering)
21. The Developer shall not install privately owned water, or other utilities
crossing any public street. The installation of sleeves for future construction of
privately owned facilities may be allowed subject to the review and approval of
the City Engineer if the following is accomplished:
a. The Developer enters into an agreement with the City where the
Developer agrees to the following:
i. Apply for an encroachment permit for installation of the private
facilities within the public fight-of-way; and
ii. Maintain membership in an advance notice such as the USA
Dig Alert Service; and
iii. Mark out any private facilities owned by the Developer
whenever work is performed in the area; and
iv. The terms of this agreement shall be binding upon the
successors and assigns of the Developer.
b. Shutoff devices as determined by the City Engineer are provided at
those locations where private facilities traverse public streets.
(Engineering)
22. Street names shall be as on the approved tentative map, or as otherwise
approved by the Director of Planning and Building and City Engineer. (Planning,
Engineering)
23. Prior to approval of each Final Map, the Developer shall agree to install
permanent street name signs, and shall install such signs prior to the issuance of
the first building permit for the applicable final map. (Engineering)
24. The Developer shall construct and secure the installation of one permanent
traffic count station, subject to the approval of the City Engineer. (Engineering)
25. Provide security in accordance with Chapter 18.16 of the Chula Vista
Municipal Code, dedicate, and construct full street improvements for all streets
shown on the Tentative Map within the subdivision boundary or off-site, as
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deemed necessary by the City Engineer to provide service to the subject
subdivision, in accordance with Chula Vista Design Standards, Chula Vista Street
Standards, Chula Vista Subdivision Manual, and approved Tentative Map, unless
otherwise approved by the City Engineer. Said street improvements shall include,
but not be limited to, asphalt concrete pavement, base, curb, gutter and sidewalk,
sewer, water treatment facilities, water quality force mains and pumps, drainage
facilities, street lights, traffic signals, signs, striping, fire hydrants and transitions
to existing improvements in the manner required by the City Engineer. The
amount of the security for required improvements, including landscape and
irrigation plans, shall be 110% times a construction cost estimate approved by the
City Engineer and the Director Building & Park Construction if related plans have
been approved by the City, 150% times the approved cost estimate if related plans
are being processed by the City or 200% times the construction cost estimate
approved by the City Engineer and the Director Building & Park Construction if
related plans have not been submitted for City review. A lesser percentage may
be required if it is demonstrated to the satisfaction of the City Engineer and the
Director Building & Park Construction that sufficient data or other information is
available to warrant such reduction. (Engineering)
DRAINAGE
26. Prior to the first Final Map for the Project, the Developer shall creato or
enter into an agreement to create a funding mechanism acceptable to the City for
the perpetual monitoring of down stream erosion and siltation which shall be
performed on an annual basis and further to perform repairs as required by the
City Engineer. (Engineering)
27. Prior to the first Final Map for the Project, the Developer shall update the
Urban Runoff Management Plan dated September 5, 2002 when modified or
modifications are proposed to it, obtain the City of San Diego Water Utilities
Department concurrence with the Urban Runoff Management Plan dated
September 5, 2002,and as may be amended from time to time with the final
decision at the discretion of the City of Chula Vista, and provide letters from
resource agencies authorizing any diversion of first flush flows into Salt Creek.
(Engineering)
28. The Developer shall construct a protective fencing system around all
proposed permanent detention basins, and the inlets and outlets of storm drain
structures, as and when directed by the City Engineer. The final fencing design
and types of construction materials shall be subject to approval of the City
Engineer. (Engineering)
29. The Developer shall construct energy dissipaters at all storm drain outlets
as required by the City Engineer to maintain non-erosive flow velocities.
(Engineering)
30. The Developer shall prior to approval of any grading plans; submit
hydrology and hydraulic studies, and calculations demonstrating the adequacy of
downstream drainage structures, pipes and inlets. (Engineering)
31. All subsurface detention shall be constructed of concrete pipe or as
approved by the City Engineer. (Engineering)
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Page 14
32. All private storm drains from the Project shall connect into the public
storm drain system at a structure such as a cleanout or catch basin. (Engineering)
33. Prior to issuance of a grading permit for any area of the Project (including
off-site areas) draining toward the Upper or Lower Otay Reservoirs, Developer
shall accomplish the following:
a. Obtain the approval of the City of Chula Vista and all other applicable
agencies for any proposed structural drainage runoff detention and/or
diversion facilities within the Otay Lakes Watershed.
b. Obtain the approval of the City of Chula Vista and all other applicable
agencies of all-operational and maintenance agreements associated with
any proposed structural drainage runoff detention and/or diversion
facilities within the Otay Lakes Watershed. (Engineering)
34. Prior to approval of the first grading permit for the Project (including
offsite areas) draining towards the Upper or Lower Otay Lake Reservoim, the
Developer shall provide written evidence, acceptable to the City Engineer,
demonstrating that financial arrangements have been made with the City of San
Diego regarding monetary compensation for any loss of water resulting from the
proposed diversion of drainage runoff from the Otay Lakes watershed. Said
financial arrangements shall be in a form approved by the City Engineer and
Director of Planning and Building. (Engineering, Planning and Building)
35. Prior to approval of the first Final Map for the Project or issuance of the
first grading permit for the construction of the proposed naturalized channel
and/or detention basins, whichever occurs earlier, Developer shall accomplish the
following:
a. Prepare a maintenance program of all the proposed drainage and water
quality treatment facilities, including, but not limited to, naturalized
channel, wetlands restoration areas, detention basins, and water quality
treatment facilities. The maintenance program shall include, but not be
limited to: a) a manual describing the operation and maintenance of the
drainage and water quality treatment facilities; b) an estimate of the cost
of such operation and maintenance activities; and c) a funding mechanism
for financing the maintenance program. Said maintenance program shall
be subject to approval by the City Engineer, Director of Planning and
Building, and the Director of Building and Park Construction. The
Developer shall be responsible for obtaining the approval of the
maintenance program from all applicable federal and state agencies.
b. Enter into an agreement with the City of Chula Vista and the applicable
resource agencies wherein the Developer agrees to implement the
maintenance program.
c. Enter into an agreement with the City of Chula Vista, wherein
Developer agrees to the following:
i. Provide for the maintenance of all proposed drainage and water
quality treatment facilities, including, but not limited to, any
Resolution 2003-143
Page 15
naturalized drainage channel, wetlands restoration areas as allowed
by the resource agencies, detention basins, and water quality
treatment facilities until the latter to occur of maintenance of such
facilities is assumed by an open space district or Home Owners
Association (HOA).
ii. Developer shall provide security, satisfactory to the City
Engineer, guaranteeing the performance of the aforementioned
maintenance obligations. (Engineering)
36. Prior to approval of the first Final Map for the Project or issuance of the
first grading permit for the Project, Developer shall enter into an agreement with
the City of Chula Vista, wherein Developer agrees to the following:
a. Provide for the removal of siltation attributable to the Project for all
proposed drainage and water quality treatment facilities, including, but not
limited to naturalized drainage channels, wetlands restoration areas as
allowed by the resource agencies, detention basins, water quality treatment
facilities and any future facility constructed by the Project,
b. Provide for the removal of siltation for all proposed drainage and water
quality treatment facilities, including, but not limited to naturalized
drainage channels, wetlands restoration areas as allowed by the resource
agencies, detention basins, subsurface detention basins and water quality
treatment facilities, attributable to the Project, for a minimum period of 5
years after maintenance of such facility is accepted by an Open Space
District or HOA.
c. Developer shall provide security, satisfactory to the City Engineer,
guaranteeing the performance of the aforementioned siltation removal
obligations. (Engineering)
37. Prior to the approval of the first Final Map for the Project, or issuance of
the first grading permit for the Project, whichever occurs earlier, enter into an
agreement with the City of Chula Vista, wherein the Developer agrees to the
following:
a. Comply with the requirements of the new Municipal Storm Water
Permit (Order No. 2001701) issued by the San Diego Regional Water
Quality Control Board, including revision of plans as necessary.
b. Indemnify, and hold harmless the City, its elected and appointed
officers and employees, from and against all fines, costs, and expenses
arising out of non-compliance with the requirements of the National
Pollutant Discharge Elimination System (NPDES) regulations, in
connection with the execution of any construction and/or grading work for
the Project, whether the non-compliance results from any action by the
Developer, any agent or employee, subcontractors, or others. The
Developer's indemnification shall include any and all costs, expenses,
attorney's fees and liability incurred by the City.
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Page 16
c. To not protest the formation of a facilities benefit district or any other
funding mechanism approved by the City to finance the operation,
maintenance, inspection, and monitoring of NPDES facilities. This
agreement to not protest shall not be deemed a waiver of the right to
challenge the amount of any assessment, which may be imposed due to the
addition of these improvements and shall not interfere with the right of
any person to vote in a secret ballot election.
The above noted agreement shall mn with the entire land contained
within the Project. (Engineering)
38. The Developer shall create an emergency overflow from lot 142 such that
no emergency overflows are routed between residential lots or as otherwise
approved by the City Engineer. (Engineering)
39. The Developer shall install a water quality pump and monitoring station,
to be maintained and monitored by the HOA including an off-site force main,
telemetry, and emergency power to divert and monitor the first flush in a manner
acceptable to the City Engineer. (Engineering)
40. The quantity of runoff from the development shall be reduced to an
amount equal to or less than the pre-development 5-, 10-, 25-, 50- and 100-year
frequency storm. Retention/detention facilities and water quality basins will be
constructed to the satisfaction of the City Engineer to reduce the quantity of
runoff to an amount equal to or less than the pre-development flows. Said
retention/detention facilities and water quality basins shall be designed per the
City's subdivision manual, constructed by the Developer and maintained by the
HOA, or other mechanism as subject to approval of the City. The Developer shall
also process and obtain any Resoume or like Agencies permits for said facilities.
(Engineering)
41. 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. A grant of easements and encroachment
agreement in a form acceptable to the City Attomey shall be required for all
private drainage improvements within the public right of way or within C.F.D.
maintained Open Space lots. (Engineering)
42. The Developer shall submit with grading and drainage and/or
improvement plans, as applicable, hydrologic and hydraulic studies and
calculations, including dry lane calculations for all public streets. Calculations
shall also be provided to demonstrate the adequacy of downstream drainage
structures, pipes and inlets. (Engineering)
43. Storm drain design shall conform to the requirements of the Subdivision
Manual and the Grading Ordinance as may be amended from time to time. Any
modification to the storm drain plans will require an updated Urban Runoff
Management Plan to address said modification as required by the City Engineer.
(Engineering)
44. Should the Developer propose and the City approve a public storm drain
system, the Developer shall provide improved all-weather access with H-20
Resolution 2003-143
Page 17
loading to ail public storm drain dean-outs or as otherwise approved by the City
Engineer. Additionaily, the Developer shall provide a minimum of 6-inch thick
PCC (reinforced with #4 BAR at 18" on center each way) designed for H-20
loading and heavy broom finish for those access road to retention/detention basins
with grades of 10% or greater. All other access roads must be asphalt concrete
designed to carry H-20 loading. In addition, maintenance pads adjacent to the
inlet structures shall be a minimum of 6-inch PCC (reinforced with #4 bar at 18"
on center each way) designed for H-20 loading with a heavy broom finish.
(Engineering)
45. The Developer shall grant on the appropriate Final Map, a 15 feet
minimum drainage and access easement for public storm drain lines located
between residential units unless otherwise directed by the City Engineer. All
other public easements shall meet City standards for required width.
(Engineering)
46. Storm drain dean outs shall not be located on slopes or in inaccessible
areas for maintenance equipment. Public storm drains shall be installed as close
to perpendicular to the slope contours as possible but in no case greater than 15
degrees from perpendicular to the contours. (Engineering)
47. 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 Developer shail 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 otherwise
approved by the City Engineer. (Engineering)
48. Detention basins shall be designed such the maximum detention period
does not exceed 72 hrs. (Engineering)
49. Dry weather post-developed conditions shail be the same as pre-developed
conditions. (Engineering)
50. Prior to approval of the first Final Map for the Project, the Developer shall
demonstrate that first flush flows will be diverted to detention/infiltration basins
and treated prior to their discharge to existing drainage courses in accordance with
the Urban Runoff Management Plan dated September 5, 2002, and as may be
amended from time to time. (Engineering)
51. Prior to the recordation of the first Final Map for the Project, the
Developer shall develop a post construction water quality maintenance and
monitoring plan acceptable to the City Engineer identifying thresholds for all
pollutants, the frequency of monitoring, standards for record keeping, procedures
and frequency of maintenance and funding sources to implement the plan.
(Engineering)
52. The developer shail design the storm drains and other drainage facilities to
include Best Management Practices (BMP's) to minimize non-point source
pollution, satisfactory to the City Engineer and shall seek the concurrence of the
Resolution 2003-143
Page 18
City of San Diego Water Utilities Director. However, the City Engineer shall
make the final decision regarding such design.
a. 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 requirements 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 requirements.
Further, the Developer 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.
b. The developer shall comply with all the provisions of the NPDES
Permit during and after all phases of the development process, including,
but not limited to, mass grading, rough grading, construction of street and
landscaping improvements, and construction of dwelling units. The
Developer shall incorporate in the project design water quality and
watershed protection principal and post construction Best Managemem
Practices (BMP's) selected for the project, in compliance with the NPDES
Permit, to the satisfaction of the City Engineer.
c. Prior to Final Map approval for the project, the Developer shall enter
into an agreement with the City where Developer 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 deemed a waiver of the right to challenge the amount of any
assessment, which may be imposed due to the addition of these
improvements and shall not interfere with the right of any person to vote
in a secret ballot election. The above noted agreement shall run with the
entire land contained within the Project.
d. Prior to Final Map approval, building permits, or at such time as
required by the City Engineer for the Project, the Developer shall submit
and obtain approval from the City Engineer of a maintenance program for
the proposed post-construction BMP's. The maintenance program shall
include, but not be limited to: 1) a manual describing the maintenance
activities of said facilities, 2) an estimate of the cost of such maintenance
schedule and activities, and 3) a funding mechanism for financing the
maintenance program. In addition, the Developer shall enter into a
Maintenance Agreement with the City to ensure the maintenance and
operation of said facilities.
e. Prior to approval of any grading, construction, and building permits for
the project, the Developer shall demonstrate to the satisfaction of the City
Engineer compliance with all of the applicable provisions of the municipal
Resolution 2003-143
Page 19
code, the City of Chula Vista Storm water Management Standards
Requirement Manual (including the Regional Water Quality Control
Board Municipal Permit 2001-01) and the City of Chula Vista Standard
Urban Storm Water Mitigation Plan (SUSMP). The Developer shall
incorporate into the project planning and design effective
post[~construction BMP's and provide all necessary studies and reports
demonstrating compliance with the applicable regulations and standards.
BMP's shall be identified and implemented that specifically prevent
pollution of storm drain systems to the Maximum Extent Practicable
(MEP) from certain project feature, land use, areas and activities.
f. The Developer shall incorporate in the project design water quality and
watershed protection principal and all post construction Best Management
Practices (BMP's) selected for the Project, in compliance with the NPDES
Permit.
g. Indemnify, and hold harmless the City, it selected and appointed
officers and employees, from and against all fines, costs, and expenses
arising out of non-compliance with the requirements of the NPDES
regulations, in connection with the execution of any construction and/or
grading work for the Project, whether the non-compliance results from any
action by the Developer, any agent or employee, subcontractors, or others.
The Developer's indemnification shall include any and all costs, expenses,
attorney's fees and liability incurred by the City.
h. To not protest the formation of a facilities benefit district or any other
funding mechanism approved by the City to finance the operation,
maintenance, inspection, and monitoring of NPDES facilities. This
agreement to not protest shall not be deemed a waiver of the right to
challenge the amount of any assessment, which may be imposed due to the
addition of these improvements and shall not interfere with the right of
any person to vote in a secret ballot election.
GRADING
53. Prior to issuance of any grading permit based on plans proposing the
creation of down slopes adjacent to public or private streets, Developer shall
obtain the City Engineer's approval of a study to determine the necessity of
providing guardrail improvements at those locations. The Developer shall
construct and secure any required guardrail improvements in conjunction with the
associated grading and/or construction permit as determined by and to the
satisfaction of the City Engineer. The guardmil shall be installed per Caltrans
Traffic Manual and Roadside Design Guide requirements to the satisfaction of the
City Engineer. (Engineering)
54. Prior to issuance of each Grading Permit for the Project, the Developer
shall obtain City of San Diego Water Utility concurrence on all grading and
improvement plans within the Otay Lake Drainage Basin, with the final decision
at the discretion of the City of Chula Vista. (Engineering)
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Page 20
55. Prior to the issuance of any grading permit which impacts off-site
property, the Developer shall deliver to the City, a notarized letter of permission
to grade and drain for all off-site grading. (Engineering)
56. All grading and pad elevations shall be within 2 feet of the grades and
elevations shown on the approved tentative map or as otherwise subject to
approval of the City Engineer and Director of Planning and Building.
(Engineering)
57. The Developer shall submit to and obtain approval from the City Engineer
and Director of Building and Park Construction for an erosion and sedimentation
control plan as part of grading plans. (Engineering, Building and Park
Construction)
58. Indicate on all affected grading plans that all walls, which are to be
maintained by open space districts, shall be constructed entirely within open space
lots dedicated to the City. (Engineering)
59. Prior to issuance of each grading permit, provide a study showing that the
proposed quantities of earthwork will balance for each phase. This study shall
incorporate the most recent Project design information for said phase.
(Engineering)
60. Prior to approval of each grading plan, submit a detailed hydraulic study
analyzing the erosion potential of the off-site canyons downstream of the Project.
Said study shall make recommendations satisfactory to the City Engineer to lower
the velocities of the 5-, 10-, 25-, 50-, and 100 year flows such that the flow
velocities will not permit excessive erosion to the canyon given the soil type and
proposed recommendations. (Engineering)
61. Locate lot lines at the top of slopes except as shown on the Tentative Map
or as subject to approval of the City Engineer and Director of Building and Park
Construction. Lots shall be so graded as to drain to the street or an approved
drainage system. Drainage shall not be permitted to flow over slopes or onto
adjacent property. (Engineering, Building and Parks Construction)
62. Provide a setback, as determined by the City Engineer based, on
Developer's Soils Engineer recommendations, between the property lines of the
proposed lots and the top or toe of any slope to be constructed where the proposed
grading adjoins undeveloped property or property owned by others. The City
Engineer will not approve the creation of any lot that does not meet the required
setback. (Engineering)
63. Design and construct the inclination of each cut or fills surface resulting in
a slope no steeper than 2:1 (two horizontal to one vertical) except for minor slopes
as herein defined. All constructed minor 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. Submission of reports by both a soils engineer and a certified
engineering geologist containing the results of surface and subsurface
Resolution 2003-143
Page 21
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 of property; and
b. The installation of an approved special slope planting program and
irrigation system; and
c. "Minor Slope" is defined as a slope four (4) feet or less in vertical
dimension in either cut or fills, between single-family lots and not parallel
to any roadway. (Engineering)
64. The Developer shall construct temporary de-silting 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 modeling and determined pursuant to direction by
the City Engineer. (Engineering)
65. Prior to the issuance of a grading permit for an area containing a
deep-storm drain, the Developer shall submit manufacturer specifications for deep
storm drain (20'+) and obtain the approval of the City. (Engineering)
66. The Developer shall obtain approval from all applicable permitting
agencies, including but not limited to Federal Emergency Management Agency
(FEMA), prior to any work within each of the agencies jurisdiction. All
mitigation requirements will be the responsibility of the Developer.
(Engineering)
67. The Developer will submit a drainage study to the satisfaction of the City
Engineer for each grading permit showing that the interim conditions do not
adversely impact downstream flows. (Engineering)
68. Prior to the approval of the first grading permit, the applicant shall submit
a construction noise mitigation plan for the review and approval of the Director of
Planning and Building, that incorporates seasonal avoidance, alternative
equipment or temporary barriers on a habitat-specific basis to achieve a less than
significant impact during the nesting/breeding season. (Planning and Building)
SEWER
69. Prior to approval of the first Final Map for the Project, the Developer shall
enter into a three party agreement with the City, and the Developer of Rolling
Hills Ranch for assuring capacity in the Rolling Hills Ranch Sub-area III lift
station, force main, and gravity facilities ("Sewer Improvements"). If the Rolling
Hills Ranch project has not constructed the Sewer Improvements prior to the
Project's first Final Map, the Sewer Improvements will be considered off-site
improvements necessary to serve the Project. (Engineering)
70. Should the Salt Creek Sewer Main Interceptor up to Olympic Parkway
Pump Station not be constructed and accepted by the City prior to the approval of
the first Final Map for the Project, the Developer shall enter into a three party
Resolution 2003-143
Page 22
agreement with the City of Chula Vista and the Eastlake Company to acquire
capacity rights at the Otay Lakes Road Pump Station and the Olympic Parkway
Pump Station. (Engineering)
71. Prior to approval of the first Final Map for the Project, the Developer shall
demonstrate to the City Engineer that there is adequate capacity to handle
projected sewage flows for the entire Project. (Engineering)
72. The Developer shall construct or enter into an agreement to construct and
secure, in accordance with Section 18.16.220 of the Municipal Code, all off-site
and on-site sewer facilities identified in the sewer study prepared by Wilson
Engineering dated May 16, 2002, and as required by the City Engineer to serve
the Project. Additionally, the Developer shall indemnify the City for any sewer
spills from the Project into the Otay Lakes Basin arising out of the design or
construction of the sewer facilities. (Engineering)
73. Sewer access points shall, unless otherwise approved by the City
Engineer:
a. Be located at the centerline of streets or cul-de-sacs; and
b. Not be located on slopes or in inaccessible areas of maintenance
equipment; and
c. Not be in the wheel tracks on Class I Collector Streets and above; and
d. Meet Regional Standard Drawing M-4 (Locking) if located within
intersections of Class I Collectors and above; and
e. Have improved all-weather paved 12-foot wide minimum access to
withstand a H-20 vehicle load or as otherwise approved by the City
Engineer; and
f. Is provided at all changes of alignment of grade. (Engineering)
74. Sewers serving 10 or fewer equivalent dwelling units shall have a
minimum grade of 1%. 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. (Engineering)
75. Prior to approval of any Final Map or any other grant of approval for any
improvement proposing to pump sewage flows, the Developer shall accomplish
the following:
a. Comply with all the requirements of Council Policy No. 570-03
("Sewage Pump Station Financing Policy).
b. Enter into an agreement to construct and secure the construction, in
accordance with Section 18.16.220 of the Municipal Code, of those
improvements required to accomplish the following:
Resolution 2003-143
Page 23
i. Construction or upgrading of existing pump station
improvements and associated facilities including 8 hours of
average flow emergency overflow storage, telemetry, permanent
ground water dewatering near the wet well, emergency power,
odor control, and dual force mains, to the satisfaction of the City
Engineer to pump sewage flows to a gravity flow basin.
ii. Indemnify the City for sewer spills into Upper Otay Reservoir
arising out of the design or construction of the sewer facilities.
iii. Removal of any existing, new, and/or modified pump stations
and associated improvements, to the satisfaction of the City
Engineer, upon completion of the Salt Creek Sewer Interceptor.
iv. The amount of the security for the above noted improvements
shall be 110% of the construction cost estimate subject to approval
of the City Engineer if improvement plans have been subject to
approval of the City, 150% of the approved cost estimate if
improvement plans are being processed by the City or 200% of the
construction cost estimate subject to approval of the City Engineer
if improvement plans have not been submitted for City review. A
lesser percentage may be required if it is demonstrated, to the
satisfaction of the City Engineer, that sufficient data or other
information is available to warrant such reduction.
c. Provide funding for the preparation of all the studies and reports
required to support the addition of pumped sewage to gravity flow system,
as determined by the City Engineer. (Engineering)
76. Prior to approval of the first Final Map for the Project or any other grant
of approval for any improvements proposing to pump sewage flows, the
Developer shall accomplish the following:
a. Provide the necessary funding, in the amount determined by the City
Engineer, for updating a Pumped Sewer Development Impact Fee or any
other funding mechanism as determined by the City Engineer. Said
Development Impact Fee, or funding mechanism shall be prepared, as
directed by the City Engineer, and subject to approval of Council.
b. Provide the necessary funding for implementing a sewer trunk-
monitoring program, as determined by the City Engineer. (Engineering)
77. The Developer shall provide a sewer profile study for all deep sewer lines
(15' in depth or greater), which indicates that no other feasible altematlve exists.
(Engineering)
78. All sewer maintenance access roads shall be improved with all-weather
access with H-20 loading to all clean-outs or as otherwise approved by the City
Engineer. Additionally, the Developer shall provide a minimum of 6-inch thick
PCC (reinforced with #4 BAR at 18" on center each way) designed for H-20
loading and heavy broom finish for those access road to clean-outs with grades of
Resolution 2003-143
Page 24
10% or greater. All other access roads must be asphalt concrete designed to carry
H-20 loading. (Engineering)
79. Sewer main pipes shall not run parallel and under slopes greater than 5:1
unless otherwise approved by City Engineer. (Engineering)
80. Sewer lines, which are greater than 20 feet in depth, shall use C-900 or
C-905 class pipe or as otherwise approved by the City Engineer. (Engineering)
81. The Developer shall construct at its own cost and expense all off-site and
on-site sewer facilities as required by the City Engineer to serve the Project.
(Engineering)
WATER
82. The Developer shall secure and agree with the Otay Water District to
construct all potable water facilities (on and off-site) required for the 1296
pressure system prior to the first Final Map for the Project containing a lot served
by the 1296 pressure system, including:
a. A Hydro-pneumatic pump station meeting City of Chula Vista Fire
flow requirements.
b. A Looped 980-pressure system providing the hydro-pneumatic pump
with more than one source of 980 zone flows. (Engineering)
83. The Developer shall 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). (Engineering)
84. Prior to approval of each Final Map, present verification to the City
Engineer in the form of a letter from Otay Water District that the subdivision will
be provided adequate water service and long-term water storage facilities. The
Developer shall phase and install water system improvements as required by the
Otay Water District. (Engineering, Planning and Building)
85. The Developer shall grant all necessary easements required to serve the
Project and adjacent lands with water. (Otay Water, Engineering, Planning and
Building)
EASEMENTS
86. Prior to approval of the applicable Final Map, enter into a maintenance
agreement and grant easements as necessary for landscaping and improvements
maintained by a Homeowners Association within City right-of-way or such other
public areas required by the City. (Engineering)
87. The Developer shall process a joint use agreement for roads crossing other
agencies existing easements that is acceptable to the City and the other agencies
prior to the issuance of the grading permit for that mad. (Engineering)
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Page 25
88. The Developer shall indicate on all appropriate Final 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 Map, all off-site right-of-way necessa~ for the installation
of the required improvements. 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 Project. (Engineering)
89. The Developer shall grant easements to subsequent owners pursuant to
Section 18.20.150 of the City Code on any Final Map that proposes private
utilities or drainage facilities crossing property lines as directed by the City
Engineer. (Engineering)
90. Where a private storm drain easement will parallel a public sewer
easement, the easements shall be delineated separately on the Final Map and on
the grading and improvement plans. If any portion of the easements will overlap
one another, the City shall have a superior right to the common portion of the
easements. (Engineering) Prior to the approval of each Final Map, the City
Engineer may require either the removal or the subordination of any easement,
which may unreasonably interfere with the full and complete exercise of any
required public easement or right-of-way. (Engineering)
91. The Developer shall grant on the final maps minimum 15' wide easements
to the City of Chula Vista as required by the City Engineer for construction and
maintenance of sewer facilities. (Engineering)
92. The Developer shall provide easements for all off-site public storm drains
and sewer facilities prior to approval of each Final Map requiring those facilities.
The easements shall be sized as required by the City of Chula Vista Standards,
unless otherwise approved by the City Engineer. (Engineering)
93. The Developer shall grant on the appropriate final map, a 20-foot
minimum sewer and access easement for sewer lines located between residential
units, unless otherwise required by the City Engineer. All other easements shall
meet City standards for required width. (Engineering)
AGREEMENTS/FINANCIAL
94. Prior to approval of the first Final Map for the Project, the Developer shall
enter in an agreement with the City to provide affordable housing units as
specified in the adopted Bella Lago Precise Plan. (Community Development)
95. Prior to the construction of State Route 125, the City shall stop issuing
new building permits for Bella Lago when the City, in its sole discretion,
determines either:
c. Building permits for a total of 9,429 dwelling units have been issued
for projects east of Interstate 805, or
d. An alternative measure is selected by the City in accordance with the
City of Chula Vista Growth Management Ordinance.
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Page 26
The start date for counting the 9,429 dwelling units is January 1, 2000.
Notwithstanding the foregoing, the City may issue building permits if the City
Council decides in its sole discretion that either: the circulation system has
additional capacity without exceeding the GMOC traffic threshold standards
based upon traffic studies approved by the City Engineer; other improvements are
constructed which provide additional necessary capacity; or the City selects an
alternative method of implementing the GMOC standards. (Engineering)
96. The Developer 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. (Planning and Building)
97. Any and all agreements that the Developer is required to enter into
hereunder shall be in a form subject to approval of the City Attorney. (City
Attorney)
98. The Developer shall 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 the regional development threshold limits set by the 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. Traffic
volumes, levels of service, public utilities an~or services either exceed the
adopted City threshold standards or fail to comply with the then effective
Growth Management Ordinance, and Growth Management Program and
any amendments thereto. Public utilities shall include, but not be limited
to, air quality, drainage, sewer and water.
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 Developer 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
Company") are permitted equal opportunity to place conduit and provide
cable television service to each lot 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
Resolution 2003-143
Page 27
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 Conditions or any Supplemental
Agreement. The City shall provide the Developer of notice of such
determination and allow the Developer reasonable time to cure said
breach.
e. Hold the City harmless from any liability for erosion, siltation or
increase flow of drainage resulting from this Project. (Engineering)
99. The Developer shall enter into an supplemental agreement with the City
prior to approval of the first Final Map for the Project, where the Developer
agrees to the following:
a. Participate, on a fair share basis, in any deficiency plan or financial
program adopted by San Diego Association of Governments (SANDAG)
to comply with the Congestion Management Program (CMP).
b. To not protest the formation of any future regional impact fee program
or facilities benefit district to finance the construction of regional
facilities. (Engineering)
100. Prior to approval of each Final Map, the Developer shall agree to contract
with the City's current street sweeping franchisee, or other server approved by the
City Engineer to provide public street sweeping, if any, for each phase of
development on a frequency and level of service comparable to that provided for
similar areas of the City. The Developer shall cause street sweeping to commence
immediately after the final residence, in each phase, is occupied and shall
continue sweeping until such time that the City has accepted the street or 60 days
after the completion of all punch list items, whichever is shorter. The Developer
further agrees to provide the City Special Operations Manager with a copy of the
memo requesting street sweeping service, which memo shall include a map of
areas to be swept and the date the sweeping will begin. (Public Works)
101. The Developer shall be required to equitably participate in any future
regional impact fee program for regional facilities should the region enact such a
fee program to assist in the construction of such facilities. The Developer shall
enter into an agreement, prior to approval of the first map, with the City which
states that the Developer will not protest the formation of any potential future
regional benefit assessment district formed to finance regional facilities.
(Engineering)
102. The Developer agrees that the maintenance and demolition of all interim
facilities (public facilities, utilities and improvements) is the Developer's
responsibility, and that construction and demolition bonds will be required to the
satisfaction of the City Engineer. (Engineering)
103. Prior to the approval of any Final Map for the Project that contains open
space, the Applicant shall enter into an agreement to construct and secure open
space landscape improvements within the map area. All landscape improvements
Resolmion 2003-143
Page 28
shall be secured in amoums as determined by the Director of Building and Park
Construction and approved in form by the City Attorney. (Engineering)
PHASING
104. If the Developer proposes to modify the Bella Lago Precise Plan approved
phasing plan, the Developer shall submit to the City a revised phasing plan for
review and approval prior to approval of the first Final Map for the Project.
Phasing approved with the precise plan may be amended subject to approval by
the Director of Planning and Building and the City Engineer. (Planning and
Building, Engineering)
HOME OWNER ASSOCIATION (HOA) DECLARATION OF COVENANTS CONDITIONS
/X3qD RESTRICTIONS (CC&R's)
105. )all streets, street trees, and drainage facilities within the tentative map
boundaries shall be privately maintained in a manner acceptable to the City
Engineer. (Engineering)
106. Prior to the approval of the first Final Map for the Project, the Developer
shall:
a. Submit evidence, acceptable to the City Engineer and the Director of
Planning and Building of the formation of a Homeowner's Association
(HOA), or another financial mechanism acceptable to the City Manager.
The ItOA shall be responsible for the maintenance of those landscaping
improvements that are not to be included in the proposed financial
mechanism. The City Engineer and the Director of Planning and Building
may require that some of those improvements shall be maintained by the
Open Space District. The final determination of which improvements are
to be included in the Open Space District and those to be maintained by
the HOA shall be made during the Open Space District Proceedings. The
HOA 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 furore tentative map areas. The HOA
formation documems shall be subject to the approval of the City Attorney;
and
b. The Developer shall submit for City's approval the CC&R's, grant of
easements and maintenance standards and responsibility of the HOA's for
the Open Space Areas within the Project area. Developer shall
acknowledge that the HOA's maintenance of public open space, trails, etc.
may expose the City to liability. Developer agrees to establish a HOA that
will hold the City harmless from any actions of the HOA in the
maintenance of such areas; and
c. Submit and obtain approval of the City Engineer and the Director of
Planning and Building of a list of all HOA 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 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
Resolution 2003-143
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limited to all facilities located on open space lots to include but not be
limited to: walls, fences, water fountains, lighting structures, paths, trails,
access roads, drainage structures and landscaping. Each open space lot
shall also be broken down by the number of acres of: 1) tuff, 2) irrigated,
and 3) non-irrigated open space to aid in the estimation of a maintenance
budget thereof. (Engineering, Planning and Building)
107. Prior to the approval of each Final Map, Declaration or Supplementary
Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be
submitted and subject to the approval of the City Engineer. The CC&R's shall
include the following obligations of the Homeowners Association:
a. A requirement that the HOA shall maintain comprehensive general
liability insurance against liability incident to ownership or use of the
following areas:
i. All open space lots that shall remain private,
ii. Other Association maintained 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 subject to
approval of the City. The HOA 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 HOA.
c. The HOA 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 HOA.
d. The HOA 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 HOA.
e. The HOA 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, name the City as additionally
insured to the satisfaction of the City Attorney, and shall not contain a
cross party exclusion clause.
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 HOA membership in an
advance notice such as the USA Dig Alert Service in perpetuity.
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i. The CC&R's shall include provisions that provide the City has the right
but not the obligation to enforce the CC&R provisions the same as any
owner in the Project.
j. The CC&R provisions setting forth restrictions in these Tentative map
conditions may not be revised at any time without prior written permission
of the City.
k. The HOA shall not seek to 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 HOA.
1. The CC&R's shall prohibit "speed bumps" on private streets. The
CC&R's shall also include language which states that any proposal by the
HOA to allow "speed bumps" in the future shall require prior written
approval of 100% of all the Homeowners Association members.
m. The CC&R's shall contain provisions assuring the implementation of
post construction BMP's.
n. The CC&R's shall contain a provision that prohibits the use of fertilizer
on untreated (BMP's) slopes that flow into the Otay Lakes Basin.
(Engineering, Planning and Building)
108. Future property owners shall be notified during escrow, by a document to
be initialed by the owners, of the maintenance responsibilities of the HOA 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. (Engineering, Planning and Building)
109. An HOA shall be responsible for the maintenance and operation of all
facilities within the common areas and streets behind any gated entrances. The
facilities to be maintained include, but are not limited to: pavements, sidewalks,
street trees, street lights including power supply, street sweeping, private drainage
facilities, landscaping of private common areas, and Omnicom or other access
devices required by the City Fire Marshal and Police Department. (Planning and
Building, Engineering)
110. An HOA shall be responsible for and include within the Project's CC&R's
maintenance and monitoring of all elements of the Project's Fuel Modification
Zone Plan (FMZP) installed pursuant to the Project's FMZP.
LANDSCAPING
111. 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
Resolution 2003-143
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approved by the Director of Planning and Building prior to approval of the
corresponding final map. (Planning and Building)
112. The Developer shall enter into an agreement to 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. The Developer will maintain street tree identification
stakes in location as shown on approved preliminary plans until all dry utilities
are in place. The Developer 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. Complete preliminary street improvement plans that show the location
of all future street trees, which will be subject to the review and approval
of the Director Building & Park Construction and the Director of Planning
& Building.
b. Place wood stakes on site prior to utility installation according to
approved preliminary street tree plans and shall be painted a bright color
and labeled as future street tree location.
c. Provide the City documentation, acceptable by the Director Building &
Park Construction and the Director of Planning and Building, that all
utility companies have been given notice that no dry utility line shall be
located within five feet of the wood stake in any direction.
d. Maintain street tree identification stakes in location as shown on
approved preliminary plans until all dry utilities are in place.
Submit final street tree improvement plans, including mailbox locations,
for review and subject to the approval of the Director of Planning and Building
and the City Engineer prior to or concurrent with the second submittal of street
improvement plans within the subdivision. Approval of the street tree
improvement plans shall constitute final approval of the selection of street trees
for the street parkways. (Engineering, Planning, Building and Park Construction)
113. Residential street parkways shall be no less than 7.5 feet in width for the
planting area, except as approved by the City Engineer. The Applicant shall plant
trees within said parkways which have been selected from the list of appropriate
tree species described in the Bella Lago Precise Plan and Landscape Master Plan
and shall be approved by the Directors of Planning and Building, Building & Park
Construction and Public Works. The Applicant shall provide root barriers and
deep watering irrigation systems for the trees, as approved by the Director
Building and Park Construction and the Director of Engineering. (Planning and
Building)
114. Prior to approval of each Final Map, provide proof to the satisfaction of
the City Engineer and Director of Building and Park Construction that all
improvements located on open space lots will be incorporated into and maintained
by a Home Owner's Association or an Open Space District. (Engineering,
Building and Park Construction)
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115. Prior to approval of each Final Map, agree to have future property owners
of lots adjacent to open space lots sign a statement at the time of property
purchase, indicating that they are aware and acknowledge that the perimeter walls
within open space lots are the property of the HOA, and that they may not modify
or supplement the wall, or encroach onto Open Space property. These restrictions
shall also be reflected in the CC&R's that are recorded against each property.
(Engineering, Building and Park Construction)
116. Applicant shall keep any necessary retaining walls to a minimum and/or if
a grading solution can be found, retaining walls will not be used to gain additional
space for the street corridor unless approved as shown on the Tentative Map. The
retaining walls are to be located and detailed on all applicable grading plans for
the Project, and subject to the approval of the Directors of Planning and Building,
Public Works and Building and Park Construction. Slopes gradients may be
increased to the maximum permitted in the grading ordinance in limited locations
to accommodate constraints such as maintenance access ways. Landform grading
policies shall be observed and followed. If a combination of low retaining walls
and modified landform grading cannot accommodate any constraints or
maintenance access areas, the top of slope shall be adjusted, as City deems
necessary. (Building and Park Construction)
PARKS
117. Prior to approval of each final map, the Developer shall pay the
appropriate fees associated with the Park Land Dedication Ordinance (PLDO)
applicable to the Bella Lago Project. The Project's Neighborhood and
Community Park portions of the local park requirement shall be satisfied through
the payment of fees, in a manner acceptable to the Director Building and Park
Construction and in accordance with C.V.M.C. Chapter 17.10. (Building and
Park Construction)
118. Prior to the approval of the first Final Map for the Project, The Developer
shall have prepared, submitted to and received approval from the Director
Building and Park Construction of a comprehensive "Project Landscape Master
Plan". Such approval shall be indicated by means of the Director Building and
Park Construction signature and date on said Plan. The contents of the Landscape
Master Plan shall conform to the City staff checklist and include the following
major components:
Landscape Concept;
Wall and Fence Plan, which shall indicate color, material, height and
location of fencing and walls;
Brush Management Plan, identifying zones and treatment, if any, as
contained in the Bella Lago Conceptual Fuel Modification Zone Plan;
Maintenance Responsibility Map, which delineates of private and public
property and indicates the maintenance responsibility for each;
Planting Concept Plan;
Master Irrigation Plan.
(Building and Park Construction)
119. Upon request of the Director Building and Park Construction, the
Developer shall update the Project's Landscape Master Plan to conform to any
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substantial changes made subsequent to the initial approval of the Plan. (Building
and Park Construction, Planning and Building, Engineering)
120. Within 90 days of approval of the final map, enter into a maintenance
agreement and grant easements as necessary for landscaping and improvements
maintained by a Homeowners Association within City right-of-way or such other
public areas required by the City. (Engineering, Building and Park Construction)
121. Prior to the issuance of each grading permit for the Project, the Applicant
shall prepare, obtain the approval of and secure to the satisfaction of the Director
of Planning & Building all landscape and irrigation slope erosion control plans.
All plans shall be prepared in accordance with the current Chula Vista Landscape
Manual and Grading Ordinance, as may be amended from time to time.
Applicant shall install landscape and irrigation slope erosion control in
accordance with approved plans no later than six months from the date of
issuance of the grading permit. If the work cannot be completed within the
specified time, the Applicant may request an extension, which may be granted at
the discretion of the Director of Planning & Building. Such a request shall be
submitted for approval in writing to the Planning & Building Depa~hnent
sufficiently in advance of the end of the six-month timeframe to allow processing
of the extension. Notwithstanding the time of installation of landscape and
irrigation slope erosion control, Applicant shall remain in compliance with
NPDES. (Planning, Building and Park Construction)
OPEN SPACE/ENVIRONMENTAL
122. Prior to the issuance of the first grading permit for the Project, the
Developer shall contribute $21,437.14, in a form acceptable to the Director of
Planning and Building, to the City of Chula Vista's Repetitive Fire Restoration
Reserve Fund ("Reserve Fund"). The contribution shall satisfy the Developer's
long-term proportionate share to the Reserve Fund and is in lieu of annual
contributions. (Planning & Building)
123. The Developer shall comply with the take permit/authorization from the
U.S. Fish and Wildlife Service and California Department of Fish and Game, or
comply with the approved City of Chula Vista MSCP Sub-area Plan whichever is
applicable to the Project. (Planning and Building)
124. Prior to the approval of the first Map for the Project, the MSCP Preserve
lots (Lots 141, 143 and 144), totaling approximately 86.5 acres, shall be conveyed
through an Irrevocable Offer of Dedication to the City or other appropriate
management entity deemed acceptable to the Director of Planning and Building.
A conservation easement or other similar restriction, acceptable to the Director of
Planning and Building, shall be provided that precludes the use of lots 141, 143
and 144 for any use other than preserve, as set forth in the MSCP Sub-area Plan,
unless agreed to by the City and the Wildlife Agencies. (Planning & Building)
125. Prior to the issuance of the first grading permit for the Project, the
Developer shall provide offsite mitigation to include preservation of 2.5 acres,
which brings the total conservation for the Project to 89 acres (on-site and
off[2site). The off-site 2.5 acres shall contain a minimum of 210 Otay tarplants.
Off-site conservation shall be in a location within the MSCP Subregional Preserve
Resolution 2003-143
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subject to the approval of the Director of Planning & Building. A conservation
easement or other appropriate mechanisms, as approved by the City Attorney,
shall be placed on the 2.5 acres to ensure preservation in perpetuity. Prior to the
issuance of the first grading permit for the Project, the Developer shall provide
funding for long-term management, in an amount and form acceptable to the City.
(Planning & Building)
126. The approval of this map by the City of Chula Vista does not authorize the
applicant to violate any Federal, State or City laws, ordinances, regulations or
policies, including but not limited to the Federal Endangered Species Act of 1973
and any amendments thereto (16 U.S.C. Section 1531 et seq.). (Planning &
Building)
127. In accordance with authorization granted to the City of Chula Vista from
the U.S. Fish & Wildlife Service (USFWS) pursuant to Section 10(a) of the ESA
and by the California Department of Fish & Game (CDFG) pursuant to Fish &
Game Code Section 2835 as part of the Multiple Species Conservation Program
(MSCP), the City of Chula Vista through the approval/issuance of this map/permit
hereby confers upon permittee the status of Third Party Beneficiary as provided
for in Section 17 of the City of Chula Vista Implementing Agreement (IA) to be
approved by the City Council on May 13th, 2003. Third Party Beneficiary status
is conferred upon permittee by the City: (1) to grant permittee the legal standing
and legal right to utilize the take authorization granted to the City of Chula Vista
pursuant to the MSCP in accordance with those limitations imposed under this
permit and the IA, and (2) to assure permittee that no existing mitigation
obligation imposed by the City of Chula Vista pursuant to this permit shall be
altered in the futura by the City of Chula Vista, USFWS, or CDFG, except in the
circumstances described in the IA. If mitigation lands are identified but not yet
accepted by the City or other designated management entity or preserved in
perpetuity, maintenance and continued recognition of Third Party Beneficiary
status by the City is contingent upon permittee maintaining the biological values
of any and all lands committed for mitigation pursuant to this permit and of full
satisfaction by permittee of mitigation obligations required by this permit, as
described in accordance with the IA. (Planning & Building)
128. Prior to the issuance of the first grading permit for the Project, Area
Specific Management Directives (ASMD's) for the MSCP Preserve lots (Lots
141, 143 and 144) shall be approved by the Director of Planning and Building.
Prior to the issuance of the first grading permit for the Project, Developer shall
provide funding, in an amount and form approved by the Director of Planning and
Building, for implementation of the ASMD's. (Planning & Building)
129. Prior to issuance of each grading permit for the Project, the Developer
shall prepare a fencing plan and obtain the approval of the Director of Planning
and Building and the City Engineer. The fencing plan shall include, as the City
determines necessary, interim and permanent fencing pursuant to the Project's
Precise Plan Figure 5-3, Fence and Wall Plan. In addition, the Developer shall:
a. Prior to the commencement of initial grading adjacent to the MSCP
preserve Lots 143 and 144, install interim fencing adjacent to Lots 143
and 144 and shall be maintained by the Developer in its original condition
at all times;
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b. Install permanent fencing concurrent with the initial rough grading of
the Project. Fencing shall be installed adjacent to the MSCP Preserve Lots
143 and 144 to control access into the MSCP Preserve to the satisfaction
of the Director of Planning and Building. An alternative to permanent
fencing would be the planting of native barrier plants subject to the
approval of the Director of Planning and Building at his/her sole
discretion;
c. Concurrent with the initial rough grading of the Project, install a six-
foot solid block masonry wall at the rear of Lots 1 and 2, and Lots 9 and
10 (see Precise Plan, Figure 5-3; Fence and Wall Plan) for the protection
of populations of Otay tarplant. The block wall shall not be located closer
than twenty-five feet from the nearest Otay tarplant and no developed area
shall be closer than twenty-five feet from the nearest Otay tarplant; and
d. Indicate on all affected grading plans that all fencing and/or walls shall
be constructed entirely within the HOA-maintained open space lots
irrevocably offered to the City of Chula Vista. Perpetual maintenance of
the fence and/or wails shall be provided by the HOA. (Planning and
Building, Engineering)
EMERGENCY SERVICES
130. The Developer shall comply with the Fire Department's codes and policies
for Fire Prevention, as may be amended from time to time. Prior to the issuance
of any building permit(s) for the Project, the Developer 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 acceptable alternative subject to approval of the Fire Marshall and
in compliance with the U.F.C.
c. Street signs installed to the satisfaction of the Department of Public
Works. Temporary street signs shall be subject to the approval of the
Department of Public Works and Fire Department. Locations and
identification of temporary street signs shall be subject to review and
approval by the Department of Public Works and Fire Department. (Fire,
Planning, Engineering)
131. The Developer shall obtain the approval of the City's Fire Marshal for the
timing of construction of all internal streets in the Project. (Fire, Planning,
Engineering)
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132. In addition to those fire hydrants depicted on the tentative map, the
Developer shall install additional fire hydrants upon request and to the to the
satisfaction of the Fire Department. (Fire, Planning, Engineering)
133. The Developer shall comply with the Project's Fuel Modification Zone
Plan dated December 20, 2002 and as may be amended from time to rime. (Fire,
Planning, Engineering)
134. Construct or provide to the specifications or satisfaction of the City
Engineer the following features to all areas bound by private streets with
controlled access devices, such as gates:
a. Gates located to provide sufficient room to queue up without
interrupting traffic.
b. Tumarounds at the gates.
c. Delineation of border between public streets and private streets by
enhanced pavement. No enhanced pavement shall be located within the
public right-of-way.
d. Emergency vehicle access.
e. Omnicom or other access devices required by the City Fire Marshal and
Police Department. (Engineering)
135. Provide red curbs and "no parking" signs to prohibit on-street parking on
all streets located within the Project site to the satisfaction of the City Engineer
and Fire Marshal. (Engineering and Fire)
CODE REQUIREMENTS
136. The Developer shall comply with all applicable sections of the Chula
Vista Municipal Code. Preparation of the Final Map for the Project and all plans
shall be in accordance with the provisions of the Subdivision Map Act and the
City of Chula Vista Subdivision Ordinance and Subdivision Manual.
Underground all utilities within the subdivision in accordance with Municipal
Code requirements. (Engineering)
137. The Developer shall pay the following fees in accordance with the City
Code and Council Policy:
a. Signal Participation Fees.
b. The Transportation and Public Facilities Development Impact Fees
including the Recreation Development Impact Fees.
c. All applicable sewer fees, including but not limited to sewer connection
fees.
d. Interim State Route 125 impact fee.
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e. Salt Creek Sewer Basin DIF.
f. Pumped Sewer DIF (If the Salt Creek Sewer Main Interceptor up to the
Olympic Parkway Pump Station is not accepted by the City prior to the
Project's first Final Map).
Pay the amount of said fees in effect at the time of issuance of building
permits. (Engineering)
138. The Developer shall comply with all relevant Federal, State, and Local
regulations, including the Clean Water Act. The Developer shall be responsible
for providing all required testing and documentation to demonstrate said
compliance as required by the City Engineer. (Engineering)
139. The Developer shall ensure that prospective purchasers sign a "Notice of
Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020
regarding projected taxes and assessments. Submit the disclosure form for
approval by the City Engineer prior to Final Map approval. (Engineering)
140. The Developer shall comply with Council Policy No. 522-02 regarding
maintenance of natural channels within open spaces, if any. (Engineering)
MISCELLANEOUS
141. The Developer shall make a good-faith effort to coordinate development
and implementation of the Bella Lago project with all other developers/applicants
including, but not limited to the Rolling Hills Ranch Subarea III development
including phasing, grading, infrastructure, improvements, and dedications of
right-of-way.
142. 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 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 submitted in accordance with the City
Guidelines for Digital Submittal on 3 ¥2" disks or CD, as an e-mail attachment to
the City Engineer or as otherwise approved by the City Engineer. (Engineering)
143. Prior to Final Map approval, the Developer shall submit copies of all
tentative maps, final maps, grading and improvement plans in a digital format.
The drawing projection shall be in California State Plane Coordinate System
Resolution 2003-143
Page 38
(NAD 83, Zone 6). The digital file of the maps shall combine all map sheets into
a single CADD drawing, in DXF, DWG or ArcView (GIS) format and shall
contain the following individual layers:
a. Subdivision Boundary (dosed polygons)
b. Lot Lines (dosed polygons)
c. Street Centerlines (polylines)
d. Easements (polylines)
e. Street Names (annotation)
f. Lot Numbers (annotation)
The final map, grading plan, improvement plan, and maintenance
responsibility map 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 V2"
disks or CD, as an e-mail attachment to the City Engineer or as otherwise
approved by subject to approval of the City Engineer. (Engineering)
144. Tie the boundary of the subdivision to the California System-Zone VI
(1983). (Engineering)
145. Prior to the approval of the first Final Map for the Project, the Developer
shall obtain approval for all work within the SDG&E easement including but not
limited to grading, drainage, sewer and sewer access roads, and landscaping.
(Engineering)
146. Prior to approval of the first Final Map for the Project, the Developer shall
provide letters to the satisfaction of the City Engineer from San Diego Gas and
Electric (SDG&E) acknowledging the crossing of utilities as shown on the on the
Tentative Map. The Developer shall enter into a Joint Use agreement with the
City, SDG&E in a form acceptable to the City Attorney for all public facilities
crossing the SDG&E easements prior to the approval of the first Final Map for the
Project, which includes these facilities. The Developer shall be responsible for
any payment to SDG&E associated with the crossing of the SDG&E easements.
Work proposed within another agency's easement would require the agencies
signature on the applicable plans prior to permit issuance. (i.e. Landscape and
Irrigation, Grading and or Improvement Plans) (Engineering)
147. Prior to issuance of first Final Map for the Project, the Developer shall
provide evidence, satisfactory to the Director of Planning & Building that the
school districts are satisfied. (Planning & Building).
148. The Developer shall comply with all provisions of the Project's Air
Quality Improvement Plan (AQIP). The Developer hereby agrees to implement
al! AQIP measures as approved by the City Council, and to comply and remain in
compliance with the AQIP. (Planning and Building)
149. The Developer acknowledges that the City Council may 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 Developer shall be required to modify the Air Quality
Improvement Plan (AQIP) to incorporate those new measures, which are in effect
Resolution 2003-143
Page 39
at the time, prior to or concurrent with 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 received
Final Map approval prior to effect of the subject new measures. (Planning and
Building)
150. The Developer shall comply with all provisions of the Project's Water
Conservation Plan (WCP). The Developer hereby agrees to implement all. WCP
measures as approved by the City Council, and to comply and remain in
compliance with the WCP. (Planning and Building)
151. The Developer acknowledges that the City Council may from time to time
modify water conservation measures related to new development as various
technologies and/or programs change or become available. The Developer shall
be required to modify the Water Conservation Plan (WCP) to incorporate those
new measures, which are in effect at the time, prior to or concurrent with each
Final Map approval within the Project. The new measures shall apply to
development within all future Final Map areas, but shall not be retroactive to
those areas, which received Final Map approval prior to effect of the subject new
measures. (Planning and Building)
152. Prior to approval of the first Final Map for the Project, submit to the
Planning and Building Department 20 copies of the adopted Precise Plan, FEIR,
CEQA Findings, and Mitigation Monitoring Program in plastic hinders. Specific
document format, table of contents, binder size and titles shall be as determined
by City staff. (Planning & Building)
153. Prior to approval of the first Final Map for the Project, the Developer shall
prepare, submit and obtain approval by the Director of Planning & Building of a
homeowner's manual to he distributed to home purchaser outlining development
parameters and design criteria for structures and landscaping encroaching into the
50' Perimeter Fuel Modification Zone. The homeowners manual shall also
address landscaping and maintenance. The homeowners manual shall address all
items found in the Project's Fuel Modification Zone Plan including but not
limited to: 1) Allowable uses within the 50' Perimeter Fuel Modification Zone,
Firewise landscaping design, Firewise construction, fencing, permitted accessory
structures, including decks, retaining walls, and any other development standards
as determined by the Director of Planning & Building. (Planning & Building)
XIII. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented and
maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny, or further condition issuance of all future building permits, deny,
revoke, or further condition all certificates of occupancy issued under the authority of approvals
herein granted, institute and prosecute litigation to compel their compliance with said conditions
or seek damages for their violation. No vested rights are gained by Developer or a successor in
interest by the City's approval of this resolution.
XIV. INVALIDITY; AUTOMATIC REVOCATION
Resolution 2003-143
Page 40
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, provision, 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
Robert A. Leiter Ann Moore
Planning & Building Director City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 8th day of April, 2003, by the following vote:
AYES: Councilmembers: Davis, Rindone, Salas, McCann and Padilla
NAYS: Councilmembers: None
ABSENT: Councilmembers: None ~-
Stephen Pa.qlilla, Mayor
ATTEST:
Susan Big~low, City Clem
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. 2003-143 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 8th day of April, 2003.
Executed this 8th day of April, 2003.
elow, City Clerk
COUNTY OF ,SAN DIEGO
CITY OF CHULA VISTA
OTAY RANCH
BELLA IAGO
GOLF
COURSE
PROJECT
LOCATION
ROLLING HILLS
RANCH I I
~ UPPER
OTAY
~,.~. RESERVOIR
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT
xPPUC~U~ Bella Lago, LLC
PROJECT East of fukJre SR-125 ~reeway and
ADDRES.'~: .orth of Proctor Valley Read EXHIBIT A
NORTH No Scale PCS-03q)3; EIR-02-O5
C:~DAtFlLE'Jocators~PCZ-01-04,PCM_02.12;PCS.03-03,EIR~02.05.Cdr 02J10/03