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HomeMy WebLinkAboutReso 2009-225 (2)RESOLUTION NO. 2009-225 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR THE EASTERN URBAN CENTER PORTION OF THE OTAY RANCH WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached hereto and described on Chula Vista Tract 09-03, and is commonly known as Otay Ranch Eastern Urban Center (Property); and WHEREAS, McMillin Otay Ranch, LLC. (Applicant) filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as "Otay Ranch Eastern Urban Center, Chula Vista Tract 09-03" (Project), with the Planning and Building Department of the City of Chula Vista on May 12, 2009; and WHEREAS, the application requests the approval for the subdivision of approximately 207 acres of land known as the "Otay Ranch Eastern Urban Center" south of Birch Road and the Otay Ranch Town Center, north of the future extension of Hunte Parkway, adjacent to and east of State Route 125, and west of Eastlake Pazkway, (APN: 643-060-18-00); and WHEREAS, the City Council set the time and place for a heazing on said Otay Ranch Eastern Urban Center Tentative Subdivision Map (C.V.T. 09-03) and notice of said heazing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project Site at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. August 26, 2009, in the Council Chambers located in the Administration Building, 276 Fourth Avenue, and the Planning Commission voted 6-0-0-1 to approve Planning Commission Resolution PCS 09-03 recommending to the City Council approval of the Tentative Subdivision Map for the Eastern Urban Center; and WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed action and has determined that the approval of the Otay Ranch Eastern Urban Center Tentative Subdivision Map (C.V.T. 09-03) would result in a significant impact to the environment; therefore, a Second Tier Environmental Impact Report (EIR 07-01) has been prepazed; and WHEREAS, environmental review of this proposed action relied in part on the original Otay Ranch General Development Plan Program Environmental Impact Report 90-01, and the Otay Ranch Eastern Urban Center SPA Plan Final Second-Tier Environmental Impact Report (EIR 07-0]) (SCH#2007041074), the CEQA Findings and Mitigation Monitoring and Reporting Program; and Resolution No. 2009-225 Page 2 WHEREAS, immediately prior to consideration of this action the City Council reviewed and certified the Second-Tier Environmental Impact Report (EIR 07-01); and WHEREAS, a public heazing was scheduled and held before the City Council of the City of Chula Vista on the Otay Ranch Eastem Urban Center Tentative Subdivision Map. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on August 26, 2009, and the minutes and resolutions resulting therefrom, and from all prior meetings of the Planning Commission on this issue aze hereby incorporated into the record of this proceeding. These documents, along with the proceedings and any documents submitted to the City Council as the decision makers, shall comprise the entire record of the proceedings pursuant to California Environmental Quality Act (CEQA) Section 21167.6 for any CEQA claims. II. COMPLIANCE WITH CEQA The City Council hereby finds that the adoption of the the Otay Ranch Eastern Urban Center Tentative Subdivision Map (C.V.T. 09-03) would not have any new effects that were not examined in the certified Program EIR prepazed for the Otay Ranch General Development Plan (EIR 90-01/SCH #89010154) and the General Plan Update EIR (EIR OS-O1; SCH #2004081066) except as described and analyzed in the Second-Tier Final EIR 07-O1. (CEQA Guidelines Section 15168(c)(2)) III. ACTION The City Council hereby finds and determines that the Otay Ranch, Eastern Urban Center Tentative Map, Chula Vista Tract 07-01 involving 207 acres of land known as "Otay Ranch Eastern Urban Center", as conditioned, is consistent with the City of Chula Vista General Plan, and the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfaze and good planning and zoning practice support their approval and implementation. On this basis of this and the findings set forth below, the City Council hereby approves the Otay Ranch, Eastem Urban Center Tentative Map, Chula Vista Tract 07-01, subject to the conditions incorporated herein. IV. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds and determines that the Otay Ranch "Eastem Urban Center Tentative Subdivision Map (C.V.T. 09-03)," as conditioned, attached as Exhibit "B" to this Resolution, for Otay Project L.P together with the provisions for its design and improvement, is consistent with the City's General Plan and all the various elements thereof and all applicable specific plans, specifically, the Otay Ranch General Development Plan, based on the following: Resolution No. 2009-225 Page 3 ]. General The proposed Project would contain both the number of residential units and the amount of non-residential space contemplated in the City's general plan and the Otay Ranch General Development Plan. It will also contain the number or amount of public facilities, such as recreational facilities and library space, contemplated by those plans. It will be conditioned to provide, by purchase, required biological mitigation. The Project is also consistent with the goals and policies of these plans. It will provide an urban-density community, maximize pedestrian walkability, and support transit. 2. Design and Improvement The Projects' road system is consistent with those in the plans, both in layout and in linking with other communities. The Project will accommodate a regional transit line and a regional pedestrian trail. Proper public infrastructure, such as parks, will be provided. Anticipated structures will create a recognizable landmark within an urban node. The design of the structures proposed for the Project will be required to enhance the public realm and to create a pleasing environment while facilitating access to open spaces. Shared parking will be used to ensure adequate parking is provided in the most efficient manner possible. 3. Land Use The Project is in a planned community that provides multi-family residential uses, mixed-use development, business/offices, urban parks, elementary school, community purpose facilities, trails and open space and other uses authorized by the Eastern Urban Center Sectional Planning Area (SPA) Plan. 4. Circulation All of the on-site and off-site public and private improvements required to serve the subdivision aze part of the Project description or are conditioned consistent with the Otay Ranch General Development Plan, and the Eastem Urban Center SPA Plan. The Applicant shall construct those facilities in accordance with City and Otay Ranch Eastern Urban Center SPA Plan standazds and Public Facility Finance Plan. 5. Housing An affordable housing agreement between the City and McMillin Otay Ranch, LLC. (Master Developer) will be executed subsequent to the approval of the Tentative Map and is applicable to subject Project providing for low and moderate-income households. Resolution No. 2009-225 Page 4 6. Pazks, Recreation and Open Space Parks, recreation and open space will be conditioned under Tentative Map conditions to provide local urban pazks. Construction of pazkland and open space and programmable recreation facilities aze the responsibility of the Applicant. 7. Conservation The Program EIR and FEIR's addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals and policies. The Otay Ranch Phase Two Resource Management Plan requires conveyance of 1.18 acres of land to the Otay Ranch Preserve for every one-acre of developed land prior to approval of any Final Map. 8. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity of the Project according to the Otay Ranch Eastern Urban Center SPA Geotechnical Reconnaissance Report. 9. Public Safety All public and private facilities aze expected to be reachable within the threshold response times for fire and police services based on the Eastern Urban Center Public Facility Finance Plan and threshold requirement contained within the conditions of approval. 10. Public Facilities The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The proposed Project will be required to provide all potable and recycled water improvements needed to serve the Project without relying on the phased construction of adjacent projects which are planned to provide other improvements. The Project will be required. The on-site sewer system has been sized to accommodate the land uses and their locations as well as any proposed changes that may occur due to density/intensity transfers. 11. Bicycle Routes The Project provides on-site bicycle routes within the Project, consistent with the objectives and policies of the General Plan and the Otay Ranch General Development Plan. Resolution No. 2009-225 Page 5 12. Public Buildings The Project provides sites for a fire station, library, and elementary school. There is also a 23-acre site identified as Mixed Use Civic/Office Core District to allow space for other city and regional facilities. B. Pursuant to Government Code section 66474(c) and (d) of the Subdivision Map Act, the City Council further finds and determines that, as conditioned, the Project Site is physically suitable for the type of development proposed, and the proposed density of development proposed based on the following: 1. Type of Development The Project Site is a large, relatively flat site, conducive to creating an urban center. It is or will be surrounded by other existing or planned urban uses, such as a shopping center and freeway. Soils can accommodate the proposed type of development. The proposed development will not significantly harm hydrology or water quality. Utilities can be placed as needed. Biological impacts can be mitigated. 2. Density of Development The Project Site is a lazge, relatively flat site, conducive to creating an urban center. It is or will be sunrounded by other existing or planned urban uses, such as a shopping center. Soils can accommodate the proposed density of development. The Project will not significantly harm hydrology or water quality. Utilities can be placed as needed. Biological impacts can be mitigated. A freeway exists alongside the site. The Project will accommodate transit. C. Pursuant to Government Code section 66474(e) of the Subdivision Map Act, the City Council further finds and determines that, as conditioned, the design of the Project or any improvements included therein are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. An environmental impact report (EIR) has been prepared for the Project pursuant to the California Environmental Quality Act. After mitigation, biological impacts will not be significant, and the Project would not cause unmitigable harm to fish, wildlife, or their habitats. There will be unmitigable impacts in several other ways, however, including landform alternation/aesthetics, air quality, agriculture, wastewater, transportation, noise, azcheological resources, and water supply. Nevertheless, this tentative map may be and is being approved notwithstanding these potentially significant impacts pursuant to Government Code section 66474.01, as the City Council is making appropriate findings under Public Resources Code section 21081. Resolution No. 2009-225 Page 6 D. Pursuant to Government Code section 66474(f) of the Subdivision Map Act, the City Council further finds and determines that the design of the Project and all improvements is not likely to cause serious public health problems. The design of the Project and all improvements will comply with the California Building Code and all other uniform codes. The Project will provide for installation of sprinklers where necessary as well as fire hydrants as appropriate. The development will provide for a fire station to serve the entire community and surrounding areas. Standazd best management practices will adequately control dust generation, minimize soil movement, and prevent soil from entering storm drains. According to the EIR, any potential health hazards aze mitigable. The Project Site is not in an air crash zone, and development at the maximum permissible heights has been determined not to create a hazard to aviation. E. Pursuant to Government Code section 66474(g) of the Subdivision Map Act, the City Council further finds and determines that the design of the Project and all improvements will not conflict with easements acquired by the public at large, for access through or use of, property within the proposed subdivision. The easements on the Project Site were acquired for an eazlier design of the Project that is no longer being pursued. Public easements on the Project Site will either be unaffected, be replaced, or not be used. F. Pursuant to Government Code section 66473.1(a) of the Subdivision Map Act, the City Council further finds and determines that the design of the Project provides, to the extent feasible, for future passive or natural heating and cooling opportunities. The Project will contain a number of features maximizing the use of passive and natural heating and cooling. These include building orientation and parking lot design controls intended to limit local heat, maximize the use of vegetation, and allow breezes to pass. Generally, the Project will be a showcase project for the use of environmentally sustainable design. G. Pursuant to Government Code section 66412.3, the City has considered the effect of the proposed action on the housing needs of the region and balanced these needs against the public service needs of its residents and available fiscal and environmental resources. The Project will provide up to 2,983 residential units for the region while, according to the fiscal study prepazed for the City, providing a net fiscal benefit to the City. The Project will improve fire services by helping to fund construction of a fire station, and will reserve space for a library. Environmental resources such as biological resources will not be significantly impacted, while the City is adopting overriding findings acknowledging that it balanced these considerations with unmitigable environmental impacts. Resolution No. 2009-225 Page 7 H. The City Council finds and determines that Government Code §66474.4 is inapplicable because none of the conditions in subdivision (a) of that section exist. L The City Council finds and determines that the conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. V. CONDITIONS OF APPROVAL The City Council hereby approves the the tentative subdivision map for the "Otay Ranch Eastern Urban Center, Chula Vista Tract 09-03" subject to the conditions set forth in Exhibit "B", attached hereto. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this Resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by n ,!i ~?~• B . Miesfe C~ty Attorne Development Services Director Resolution No. 2009-225 Page 8 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 15th day of September 2009 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: McCann ~i~ Cheryl Cox, M or ATTEST: /~ /iu!uw ~ 6/i'O~~Lc~ Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2009-225 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 15th day of September 2009. Executed this 15th day of September 2009. ~~ ~~ ~~ Donna R. Norris, CMC, City Clerk Resolution No. 2009-225 Page 9 E~~IT A Leea1 Description of McMillin Property With Map of All of EUC REAL PROPERTY IN THE CITY OF CHULA VISTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 3 OF PARCEL MAP NO. 18481, IN THE CITY OF CH[JLA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF TFIE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 37, 2000, AS INSTRUMENT NO. 2000.283684 OF OFFICIAL RECORDS. EYCEPTING THEREFROM THE LAND DESCRIBED IN THAT CERTAIN IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST RECORDED MAY ZZ, 2003, AS INSTRUMENT N0. 2003- 0604602, fuW ACCEPTED BY TI-IAT CERTAIN ACCEPTANCE OF I1REVOCABLE OFFER OF DEDICATION OF FEE 1NTEREST RECORDED MAY 22, 2003, AS INSTRUMENT NO. 2003- 0604603, AND CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEED RECORDED MAY 22, 2003, AS INSTRUMENT NO. 2003-0604607, ALL OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. ,\ ./ l PAHOr~. A t /'~ - - C ~ Y R. W lW~` O m VILLAGE 72 PP.ROEL 2 Fld 7D4G7 ~t. Pf.AGEL H PM 7D4Di FU'tURfi e'.U.G. APN? D-0B-UeC-7E y L ~~F~ m Q Y ym ,+ -~ Nay 1.' N '\ ' ~.i H~.': LoT 78 APNi D44-C70-07 N 107 2D OYAY RANOA .,a ~ s.<~ h1AP d82 A0.6. 70777 Resolution No. 2009-225 Page 10 Exhibit "B" Otay Ranch EUC Tentative Subdivision Map (PCS-09-03) CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth below shall be completed or, pursuant to the Subdivision Map Act, be the subject of a secured improvement agreement prior to or with approval of the related Final Map as determined by the Director of Development Services and the City Engineer (b) unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the Applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such ]and unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and cleaz of all encumbrances, unless otherwise excused by the City. The approval of this Tentative Subdivision Man is expressly conditioned upon the concurrent ("Parks Aereement"1 Applicant a¢rees and acknowled es that the conditions of approval for this Tentative Subdivision Mao aze reliant upon the conditions in the Development Agreement and the Parks Aereement and that the approval of the Development Aereement and Pazks Aereement is a condition precedent to the effectiveness of the approve] of this Tentative Subdtvtston Map In the event the City does not approve the Development Aereement and the Parks Aereement, this Tentative Subdivision Map shall be null and void and the Citv and the Applicant will meet in ¢ood faith to revise the conditions of approval to address the absence of the Development Aereement and the Pazks Aereement If the Applicant elects to have the Citv heazine will be required The City will have sole and absolute discretion to consider the apphcatton at the new public hearing " Should conflicting wording or standazds occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAL/PRELIMINARY 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Applicant as to any or all of the Property. 2. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista Municipal Code; the Chula Vista Subdivision Manual; City of Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan; CiTy of Chula Vista Design and Construction Standazds; the Development Storm Water Manual for Development & Redevelopment Projects; the City of Chula Vista Grading Ordinance No. 1797; the State of Ca]ifomia Subdivision Map Act; the Ciry of Chula Vista General Plan; the City's 15-52 n....v i ..vin Resolution No. 2009-225 Page I 1 Growth Management Ordinance; Chula Vista Landscape Manual; Chula Vista Fire Department's Policies and Procedures; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase 1 and Phase 2; Otay Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; and Tentative Maps (TMs) Final Second-Tier Environmental Impact Report (Final EIR 07-01) and associated Mitigation Monitoring and Reporting Program (MMRP); Otay Ranch Eastem Urban Center Sectional Planning Area (SPA, PCM-99-07) Plan and supporting documents including: Public Facilities Finance Plan (PFFP); Pazks, Recreation, Open Space and Trails Plan; SPA Affordable Housing Plan, Air Quality Improvement Plan (AQ1P), Water Conservation Plan (WCP); and the Non-Renewable Energy Conservation Plan. 3. If any of the terms, covenants or conditions contained herein shall fail to occtu or if they aze, 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 aze derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified 60 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 4. Prior to the approval of the first "A" Map For the Project, Applicant shall prepaze and submit, to the satisfaction of, and as deemed necessary by the Director of Development Services, an updated Sectional Planning Area (SPA) Plan, and supporting regulating documents including, but not limited to text, exhibits, and tables for the Eastem Urban Center SPA Plan; Form Based Code (Planned Community District Regulations and Village Design Plan); Public Facilities Finance Plan; Affordable Housing Plan, Air Quality Improvement Plan; Water Conservation Plan; Non-Renewable Energy Conservation Plan; Urban Pazks, Recreation, Open Space and Trails Plan; and applicable environmental documents. Prior to approval of the first final map, the Applicant shall enter into an agreement with the City tivhereby the Applicant agrees to provide funds to the Reserve Fund as required by the Reserve Fund Program, pursuant to the Fiscal Impact of New Development (F.I.N.D.) Model for the Otay Ranch Project, for the preparation of an annual report monitoring the development of the community of Otay Ranch, pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP). ENVIRONMENTAL 6. Prior to approval of the first fmal map, the Applicant shall enter into an agreement with the City whereby the Applicant agrees to implement, to the satisfaction of the Director of Development Services and Environmental Review Coordinator, all environmental impact mitigation measures identified in Final EIR 07-01 (SCH# 2007041074), the candidate CEQA Findings and MMRP for this Project. 15-53 Paat• ~ ~a~n Resolution No. 2009-225 Page 12 Prior to approval of the first final map, the Applicant shall enter into an agreement with the City whereby the Applicant agrees to that simultaneously with conveyance of land to the Preserve Owner/Manager (POM) in fee title or by easement, the Applicant shall cease all cattle grazing on the land to be conveyed. In addition, the Applicant shall ensure through the maintenance of existing fencing or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City, that cattle from adjacent areas cannot access the land being conveyed. In addition, Applicant shall comply with the requirements of the RMP, Phase Two, Range Management Plan to the satisfaction of the Director of Development Services. 8. Prior to issuance of the first grading permit or any other grant of approval for any landform modification, Applicant shall comply with all requirements of the Eastern Urban Center SPA Plan Agricultural Plan. 9. Prior to approval of the first final map, the Applicant shall enter into an agreement with the City whereby the Applicant agrees to convey fee title, or upon the consent of the Preserve Owner/ Manager (POM) and any lien holder, an easement restricting use of the .land to those permitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon the recordation of each Final Map for an amount of land equal to the Final Map's obligation to convey land to the Preserve. Where an easement is conveyed, the Applicant agrees to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Applicant shall convey fee title. Where fee title or an easement is conveyed, access to the satisfaction of the POM shall also be conveyed. Where an easement is granted, each Final Map is subject to a condition that fee title shall be granted upon demand by the POM. The Applicant further agrees to maintain and manage the offered conveyance property consistent with Phase 1 and 2 RMP guidelines until such time when the POM has accepted the conveyance property. 10. Ptior to approval of the fast "B" Map for the Project, at the request of the City Engineer, Applicant shall take all necessary steps to include the Project area within Improvement Area "A" of the Otay Ranch Preserve Maintenance District (CFD. No. 97-02). 11. Upon request of the Director of Development Services, Applicant shall execute a maintenance agreement with the City for the Otay Ranch Preserve. 12. Prior to approval of the first final map, the Applicant shall enter into an agreement with the City whereby the Applicant agrees to make agood-faith effort to coordinate development and implementation of the Eastern Urban Center SPA Plan Area with all other Applicants within Eastern Urban Center including phasing, grading, improvements and dedication ofrights-of--way. 13. Prior to aooroval of the buildine oemut for anv uses which aze regulated for Toxic;. Air Coutantinant (TAC) enussions by the San Dieoo Air Pollution Control District (SDAPCD). the Aoplicant must demonstrate '° °` '-.n'a~_a - ....•o«' ~^- °" °''°" °--°~'~ •~-~"°~ ^"~•r-~^'~^-. to the satisfaction of the General Services Director, that the use complies with established criteria (such as those established by SDAPCD 15-54 Paoe'i nf7(1 Resolution No. 2009-225 Page 13 14. Given that restoration is occurring in the vicinity of the Salt Creek Sewer Lateral (SCSL) Improvement Area, a minimum of seven days prior to initiation of grading or construction for the SCSL project that affects or requires access to lands managed jointly by the County of San Diego and the City of Chula Vista (APN 643-070-03, 643-070-1Q 644-080-11, and 644-080-15), the Applicant shall notify and coordinate with the County Department of Pazks and Recreation. DESIGN 15. Prior to approval of the first final map, the Applicant shall enter into an agreement with the City whereby the Applicant agrees to shall-install public facilities in accordance with the Otay Ranch Eastern Urban Center Public Facilities Finance Plan (PFFP) as-x3ay-bo a a c •° or as required by the City Engineer to meet threshold standazds adopted by the City of Chula Vista in effect at the time of tentative mao aooroval. The City Engineer and Director of Development Services may at their discretion, modify the sequence, schedule, alignment and design of improvement construction should conditions change to warrant such a revision. PUBLIC FACILITIES, UTILITIES, IMPROVEMENTS AND PHASING (Streets, Transit, Sewer, Water, Drainage, Grading) 16. Prior to approval of the fast fatal map, the Applicant shall enter into an agreement with the City whereby the Applicant agrees not protest the formation of any future regional benefit assessment district to finance the MTS San Diego Trolley, BRT System or other transit system. 17. Prior to approval of each applicable final trap, the Applicant shall dedicate to the City of Chula Vista all rights-of--way for the BRT concurrent with the associated roadway dedication for the respective final "B" map consistent with the adopted Development Agreement. ]8. Prior to issuance of applicable construction permit, the Applicant shall secure the construction of and installation of all conduits necessary to signalize each intersection along the BRT alignment a[ the time each associated roadway is triggered by the PFFP. 19. Prior to issuance of any construction permits for construction of that portion of Bob Pletcher Way located within the SR-125 right-of--way, and concurrent with that portion of Bob Pletcher Way within the EUC, the Applicant shall obtain and provide evidence of all bonds, in such form as may be required by the Ciry, for said construction, as required by the PFFP. 20. Developer shall agree, prior to the first final map for any area of the project, not to seek any building permits until such time as all infrastructure to serve the building permits, in accordance with the PFFP, has been consVucted or sufficiently secured as determined by the City Engineer. 15-55 Pave 4 of 70 Resolution No. 2009-225 Page 14 FIRE 21. Prior to recordation of the 5rst final map, which includes the fire station site, the Applicant shall provide an Irrevocable Offer of Dedication (IOD) to the City for a pazcel (Lot FS-1) for fire station facility purposes. The fire station pazcel's net acreage and Public Facilities Development Impact Fees (PFDiF) credit to be received by the applicant is based on net useable fire station pazcel acreage as detemuned by the Fire Chief and Director Engineering. consistent with the Development Agreement 22. Prior to issuance of any building pemtit for construction for the project, the Applicant shall comply with fire station and emergency medical service requirements as outlined in the PFFP, consistent with the Development Agreement. 23. Prior to approval of the first final map, the Applicant shall enter into an agreement with the City whereby the Applicant agrees to and acknowledges that the Fire Mazshal shall have the sole discretion to grant exceptions to fire related requirements based upon adequate alternative means and materials. Such altema6ves may require third party technical review at the project perntit phase. 24. Prior to approval of the first final map, [he Applicant shall enter into an agreement with the City whereby the Applicant agrees to and acknowledges that subject to approva] of the CiTy Council, in lieu of paying the required impact fee, the Applicant may satisfy the fire station related requirements through a written agreement with the City by which the applicant agrees to either pay the fee or build that facility in question, pursuant to the terms of the agreement. 25. Prior to approval of the first final map, the Applicant shall enter into an agreement with the City whereby the Applicant agrees to and acknowledges that the requirement to construct a Fire Station to the satisfaction of the Fire Chief prior to the construction of structures as described in the PFFP in no way obligates the City to construct a Fire Station. 26. Prior to issuance of the Fust building permit, the Applicant(s) shall address the requirements pertaining to Fire Protection and Emergency Medical Services, which include fire station facilities, fire apparatus, equipment and the like, in accordance with the approved Public Facilities Finance Plan (PFFP). 27. Prior to issuance of each building permit, Applicant shall pay Public Facility Fees pursuant to the approved Development Agreement °' «`~ -°*° ~° °"°~ °' ''-- '~ '~ 28. Prior issuance of building permits, upon request of the Fire Marshall, the Applicant shall install fire hydrants to the satisfaction of the Fire Department, based on factors including but not limited to the location of improvements such as cul-de-sacs, alleys, driveways or when special circumstances exist in a subdivision design. 15-56 Pape 5 of 20 Resolution No. 2009-225 Page 15 AFFORllABLE HOUSING 29. Prior to issuance of the 1400`" market-rate dwelling unit building permit for the project, Applicant shall enter into an agreement with the City to provide affordable housing units as specific in the adopted EUC Comprehensive Affordable Housing Progam (CARP). SCHOOL 30. Prior to the issuance of each building permit, the Applicant(s) shall provide the City with evidence of certification by the CVESD that any fee, chazge, dedication, or other requirements levied by the school district has been complied with or that the district has determined the fee, chazge or other requirements does not apply to the construction. 31. Prior to approval of each final map for private development on Lots 26 and 27, the Applicant shall provide evidence and proof of agreement from the Chula Vista Elementary School'District that the site has not been determined by the district to be needed for use as a school site. 32. Prior to approval of all final "B" maps, which includes a school site (S-1) for the Project, Applicant shall: a. Construct and-or secure all necessary improvements for providing ingress and egress to the school site. This requirement shall also include but is not limited to any required modification to medians, storm drain system, street lights and irrigation improvements; and, b. If warranted and upon the request of the City Engineer, traffic signal improvements for providing vehiculaz ingress and egress to the school site. 33. All or part of the obligations in Paragraphs 30, 31 and 32 above may be transferred to another owner which acquires all or par[ ownership of the Project site. Should this occur, written evidence of the new owner's assumption of the obligations shall be provided to the City concurrent prior to or concurrent with closing of the sale of the property to the new owner. If requested by the prior and new owner, City shall cooperate with the parties to the sale in transferring any securities associated with the transferred obligation according to the City's customary procedures. PEDESTRIAN BRIDGE 34. The Applicant shall provide a pedestrian bridge connecting Village Eleven to the Eastern Urban Center crossing (east -west) over Eastlake Pazkway just north of Hunte Parkway, as follows: a. Prior to the eazlier of: (I) approval of the first final "B" map covering Pazcel 27, or (2) the 1,SOOa' final mapped unit for the EUC, the Applicant shall provide security for and identify the fundine mechanism for one-half of the cost of construction of said pedestrian bridge; and, b. The bridge construction shall be completed prior to the issuance of the 2,SOOu' residential building permit in the EUC as determined by the City Engineer, 15-57 n~..o ~ ..fin Resolution No. 2009-225 Page 16 consistent with the requirements of EUC SPA Plan, Public Facilities Financing Plan (PFFP), as may amended from time to time. 35. All proposals for the installation of underground utilities and private facilities that may encroach into existing established tree root growth zones and or tree root growth zone drainage facilities should be avoided to the extent possible, but if implemented, the Applicant shall, prior to issuance of construction or building permits, include, on applicable construction documents, alternatives for installing said utilities and private facilities in a trenchless installation method in order to protect street trees and associated drainage facilities, to the satisfaction of the Director of Public Works. 36. Prior to issuance of grading, construction, and building permits the Applicant shall document on applicable plans compliance with the requirements pertaining to Best Management Practices {BMPs). The Applicant shall develop and implement post- construction Best Management Practices (BMPs) in accordance with the most recent regulations at the time of grading and building permit issuance. In particular, applicants aze required to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) Municipal Permit Order No. R9-2007-0001, and the City of Chula Vista Development Storm Water Manual dated January 2008 and anv subsequent re-issuances thereof: however. compliance with later adopted NPDES requirements are subject to the process set forth in the Development Agreement for exercise of the City's Reserved Authority." - °° "-°-°-`. Applicant aze required to incorporate in the project design structural~on-site design features to address Site Design and Treatment Control Best management Practices as well as Low Impact Development requirements. Any of said requirements may be waived if the applicant demonstrates, to the satisfaction of the T*-°~,~~t~--ef City Engineering, that regional facilities exist to address such requirements. All requirements of this Paragraph 36 shall be applicable to any and all successors in interest to Applicant. 37. Prior to issuance of building or construction permits involving proposed encroachments into the public right-of--way, the Applicant shall obtain approval of an encroachment permit from the Zoning Administrator and City Engineer. Should the City Engineer identify any utility conflicts resulting from the proposed encroachment permit a City Council approved Joint Use Agreement between property owner and the City will also be required. Permanent encroachments of private structures, features, or furniture (i.e., underground pazking structures, awnings, balconies, storm water detention facilities, etc.) require appropriate permits and agreements to the satisfaction of the Director of Public Works 38. Prior to issuance of construction permits involving sleeves for future sewer, water, and storm drain laterals, the Applicant shall document on construction plans compliance with the requirements to install sleeves where future sewer, water, and storm drain laterals aze not initially constructed, and or will cross under another trench. Said sleeve shall be twice the diameter of said lateral. 39. Prior to issuance of construction permits involving manholes, cleanouts and utility access, the Applicant shall document on construction plans compliance with the requirements to locate all manholes, cleanouts, and utility access covers within the 15-58 Pa Qe 7 of 7(1 Resolution No. 2009-225 Page 17 centers of travel lanes. If this becomes infeasible, then type M-4 locking manhole cover and frames shall be provided. 40. Prior to issuance of construction permits involving, manholes, cleanouts and utility vaults / values the Applicant shall document compliance with the requirements to provide a minimum separation of 15 feet between all manholes, cleanouts, and utility vaults / values on construction plans. In circumstances where the IS-foot minimum is infeasible, as detemtined by the Director of Public Works. Each structure not meeting [he LS-foot minimum requirement shall be installed with backfill surrounding the structure consisting of a two-sack cement fly-ash sand slurry to finish subgrade. 41. Prior to issuance of construction permits involving trench walls, the Applicant shall address the requirement for special backfill when adjacent trench walls aze within five- feet of each other, subject to the review and approval of the City Engineer. Special backfill may include cement-fly-ash-sand slurry from the base of the bedding to an elevation determined to be sufficient, by the City Engineer, to provide trench stability to excavations. 42. Prior to issuance of construction permits for underground garage and utility structures, the Applicant shall document on applicable plans, how during construction process Applicant will provide for and assure safe and legally accessible pedestrian access at all times during construction of underground garage and utility structures subject to the approval of the City Engineering. 43. Prior to issuance of construction permits involving any sidewalk improvements, the Applicant shall obtain approval from the Director of Public Works and City Engineer for phasing and construction standards for all proposed sidewalk improvements (temporary, interim, and permanent. 44. Prior to issuance of the first construction permit, the Applicant shall identify and develop, to the satisfaction of the Director Public Works and City Engineer, standazds for replacing and repairing any existing improvement or facility that is damaged as a result of construction of private structures, particularly those within, and immediately adjacent to the public right-of--way. 45. Prior to issuance of any construction permit involving any construction within public right-of--ways that involves the use or installation of tie-back systems and or abandonment of tie-back systems the Applicant shall include on applicable construction documents provisions for the de-tensioning or removal of said systems to the satisfaction of the Director of Public Works and City Engineer. 46. Prior to approval of the first final "A" Map, the Applicant shall provide a Public Facilities Maintenance Plan that defines all maintenance responsibilities for the entire project. A CFD or other funding mechanism shall be set up for the following publicly maintained facilities and or infrastructure: a. Street fumitureSincludin¢ but not limited -to' benches trash cans, bike racks and bollards per the SPA Plan) c. Water features 15-59 n~,.e s ,.ran Resolution No. 2009-225 Page 18 d. Street lights.! thematic and ornamental 'a (Costs above City Standard /pedestrian lighting e. Storm system maintenance f BMP's (Outside Traveled Roadwav} o. Detention Basins g=Street trees and tree wells/medians/pazkways lri. aa~ i-i. Public Art ~Pazks (Per the adopted Pazks Agreemenfl 1~-1. Enhanced: i. Fences ii. Walls iii. Paving, i+:-Concrete walkways/sidewalks~d s~:Raised intersections(CFD needs to include incremental increase in maintenance costs} 47. Prior [o issuance of construction permits involving sewer mains, the Applicant shall demonstrate to the satisfaction of the Cit~Engineer, on applicable constmction plans, compliance with the requirement to install PVC water pipe or a seamless/fusible piping for all sewer mains which have less than standard horizontal snacing from other utilities. as shown in Chula Vista Design Standaz~ds CVD-STOZ and/or aze deeper than li feet below finish erade of the street. ~ " a ' ' '- `"° ° '~-+'-'"'° °` a LIBRARY 48. Prior to the issuance of each building permit for residential dwelling units, unless stated otherwise in a development agreement, the Applicant shall pay the Public Facilities Development Impact Fees for library facilities at the rate in effect at the time of building perrnit issuance. 49. Prior to the approval of the final map containing Lot 7, the Applicant shall deliver a site for the public library and associated library pazking lot and / or condominium air space to accommodate a library of approximately 30,000 squaze feet in a manner acceptable to the Library Director. 50. Prior to approval of the fast final map the Applicant shall enter into an agreement with the City whereby the Applicant acknowledges that, subject to approval of the City Council, in lieu of paying the required impact fee, the Applicant may satisfy that requirement through a written agreement by which the Applicant agrees to either pay the fee or build the facility in question, pursuant to the terms of the agreement. 51. Any nroposa] for development on Lot 7 which precedes the construction of the building housing the City library shall include on the block build-out concept plan a buildine and parking sut~icient for the construction of a City library consistent with the EUC SPA plan the adopted Library Master Plan and any Library Delivery Agreement which may be in effect at the time of project submittal a .....J .. ..al- ..F A.., n:..'.. Dl.. .. 1 ' Tl' a .1 al.,. ..-..-I',. }...t a YY 15-60 raoP a ~v ~n Resolution No. 2009-225 Page 19 . e ~~ r.....u.g. ~~ ~~ a._....L,.u o„_ 1: L......:... .Le .......:....... ..Lat .. .,n,. ..Le ,. a,e .;,.l.e :., ~,~a;~.... > ~ ~~ ~~o•.:~.~~ amity-~..~ _ _ ~~ ~.u~~..-,.,~.. ~. :.7 .. f,.:.....L.. X1...7:.. I'4.: .,e : n~:l,;,s..,. GRADING AND DRAINAGE 52. Prior to approval of each grading permit for the project, Applicant shall: a. Prepare a maintenance proo~ram of all the proposed drainage and water quality treatment facilities, the channel or basin, including but not limited to naturalized channels down stream of the project, wetlands restoration azeas, detention basins, and water quality treatment facilities. The maintenance program shall inc]ude, 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 and schedule for financing the maintenance program. Said maintenance program shall be subject to approval by the City Engineer. The Applicant shall be responsible for obtaining all required approvals of the maintenance program from all applicable federal and state agencies. b. Demonstrate compliance with Section 1803 of the California Building Code (CBC). c. Enter into an agreement with the City of Chula Vista, wherein Applicant agrees to: i) Provide for the maintenance of all proposed drainage and water quality treatment facilities attributable to the project, and provide security, satisfactory to the City Engineer, guazanteeing the performance of the aforementioned maintenance and siltation removal obligations. This obligation may be transferred to another property owner if approved by the City. Treatment facilities including but not limited to naturalized drainage channels, wetlands restoration areas as allowed by the resource agencies, detention basins; and water quality treatment facilities shall be maintained by the Applicant until occurrence of the latter of the following: (a) maintenance of such facilities is assumed by the City, open space district or Master Homeowner's Association, or, (b) the City determines al] erosion protection plantings aze adequately established. D-....:.1.. C....Le . ...1 ..C ..: 1. .. w-: L.....Lt.. ... aL.. A.. a..a G..... ..Il 1]) d., L.. .A EE35; ..1'.... C ..'1: .'1 .1.~ D.~ ' : : ~ uaxu .. .. ~ ..+ ~1: 1 A L 11 ~ ..,, 1...,.A ....A ., r A..a,. .e.l L.. aL.~ (~:a.. II....:..~ .. . ... .~,..:,.., ..1.... a;.... ..Ae...~fe i~t r ~ . - ~. 15-61 n.,..o 1n,.v ~n Resolution No. 2009-225 Page 20 iii) Provide for the removal of any siltation resulting from all proposed drainage and water quality treatment facilities, including but not limited to the naturalized drainage channel, wetlands restoration azeas as allowed by the resource agencies, detention basins, and water quality treatment facilities, attributable to the Project, for a minimum period of five yeazs after maintenance of such facility is accepted by the City or an appropriate Maintenance District. iv) Applicant shall provide security, satisfactory to the City Engineer, guaranteeing the performance of the aforementioned maintenance and siltation removal obligations. 53. Prior to installation of base paving and placement of curb and gutter form work related to approved construction plans the Applicant shall demonstrate, to the City Engineer's satisfaction, that highly expansive fill soils (with an expansion index over 90) aze not within the upper five feet of any public right of way or public easement. Applicant shall selectively grade fill soils with an expansion index above 90 within the upper five feet of any public right of way or propose an alternate method to mitigate expansive soils. Said alternate method shall be subject to the approval of the City Engineer prior to placement of curb and gutter, sidewalk or aggregate base. Additionally, any formational materials within three feet of sub grade shall be tested for expansion, and replaced with soil, which has an expansion index of less than 90. SEWER 54. Prior to approval of the first final "B" Map, the Applicant shall enter into an agreement with the City to contribute its fair shaze and shall thereafter participate according to the terms of such agreement in any necessary funding for implementing a Poggi Canyon sewer trunk-monitoring program, as determined by the City Engineer. The sewer trunk- monitoring program shall include an analysis of the remaining capacity of the Poggi Canyon/Date-Faivre sewer system. The analysis shall demonstrate to the satisfaction of the City Engineer that sufficient capacity exists for the number of EDUs contained in all Final Maps for the Project submitted to the City pursuant to the limits set forth in the PFFP. The analysis shall include all flows from relating to the Project, including pumped flows, entering the Poggi Canyon Think Sewer, not just from Eastern Urban Center, or from within the Poggi Canyon gravity basin 55. Prior to approval of each fmal map, the Applicant shall enter into an agreement with the City whereby the Applicant agrees and acknowledges that all development within the Eastern Urban Center shall be consistent with the "Eastern Urban Center Technical Seiner Study", prepazed by PBS&J (January 2008). Furthermore the Applicant shall agree that prior to design review approval and in accordance with the Intensity Transfer provisions in the EUC SPA, the Applicant shall provide an updated Technical Sewer Study with each proposed project requesting an intensity transfer. The Technical Sewer Study shall demonstrate to the satisfaction of the City Engineer that adequate capacity exists in the wastewater infrastructure to support the transfer. 15-62 Pano 11 of 7(1 Resolution No. 2009-225 Page 21 PARKS AND OPEN SPACE 56. Prior to approval of each fmal map, the Applicant shall satisfy the requirements of the Pazkland Dedication Ordinance (PDO) pursuant to Chula Vista Municipal Code Chapter 17.10. The ordinance establishes a requirement that the project provide three (3) acres of local pazks and related improvements per 1,000 residents. Local parks aze comprised of community pazks and neighborhood parks. Overall park obligation shall be met as provided for in the approved Develooment Agreement. °'~-~~•~~ ''~~ ~^^M°~^ ^` `^~~ ,..a: ,.r ,..tea .., ~.: _.,a,.., a_....,,..r :_ .. ,...«,.1,,,, .,..,.e n :........... ..r 57. Prior to approval of the first final map, the Applicant shall, subject to City Council approval, enter into a written agreement with the City identifying the Applicant's parkland acreage dedication, pazk development improvements and in lieu fee obligations, and the timing and method of satisfying those obligations. If the Applicant and the City enter into such an agreement, the Applicant shall satisfy its pazkland dedication, improvement and in lieu fee obligations fully pursuant to the terms of [hat agreement. 58. In the event that residential, hotel, motel or other development as described in CVMC section 17.10.040 occurs within the EUC above and beyond 2,983 multi-family dwelling units and that development results in additional pazkland, park acquisition or in-lieu fee obligations in accordance with the PLDO, Applicant, prior to approval of the final maps, or for projects not requiring a final map, prior to building permit approval unless other timin¢ is provided for in a development agreement, for residential projects, shall satisfy the additional obligations pursuant to CVMC Chapter 17.10 to the satisfaction of the Director of Development Services. _' 1...:1.1:..,.._....._:« ...... _.....,, r.,. ~..~:A~...: ,,i ...-._:....«. .4 _ n....l'...... N,.\ X6.,11 Ae.l:...,.n ..,._L1.,..,1 0 ...A ._ _ 1'.... F .... r..- «6., .. ....A i....t.,, P....1 .. n....l:,.....« ..1_..11 .. .:A,. .. lrre+esa;:le-9ne~e~edieatio~9Dj te-t}te-Fdtrfc~r~a~s-P 1, P ', Ir-;-D-: ^.~ ~d~n ~ '- ``- -°'~..r °'~~° -` ''~° ^~'- °-~~-°-- The park net acreage and pazk pazkland Dedication Ordinance (PDO) credit to be received by the applicant is based on net useable park acreage as determined by the Director of Recreation and City Engineer. 60.~Prior to approval of the first final map that contains the interim sewer segment (from the diversion structure at Bob Pletcher Way to Eastlake Pazkway), the Applicant shall enter into an agreement with the City whereby the Applicant agrees to and acknowledges that upon cessation of use of the interim sewer line segment that traverses the Civic Plaza (Lot P-2) the Applicant shall be responsible for the abandoned and removal from services of said interim sewer line segment. In anticipation of the eventual abandonment of said interim sewer line, the Applicant shall post a bond to the satisfaction of the City Engineer in an amount to secure the eventual abandonment of said sewer line. 61. Prior to the approval of the "B" Map containing the Tovm Squaze (Lot P-3), the Applicant shall provide proof, to the satisfaction of the Duector of Development Services, that Lot P-3 will be privately owned, operated and maintained by a private entity (Homeowners Association (I-IOA) or Business Owners Association (BOA)). 15-63 Pond , ~ ,.vin Resolution No. 2009-225 Page 22 62. Concurrent with the installation of underground utilities for any portion of the Project adjacent to a pazk site or upon request of the Recreation Director, whichever occurs earlier, the Applicant shall install underground utilities to the property line of each of the Project's respective pazk sites (Lots P-1, P-2, P-3, P-4, P-5, and P-6) to the satisfaction of the Director of Recreation and City Engineer. 63. Prior to the approval of the first "B" Map for the Project, Applicant shall have prepazed, submitted to and received approval from the Development Services Duector of a comprehensive Landscape Master Plan (LMP) for the Project consistent with the requirements identified in the EUC SPA. 64. Prior to or concurrent with approval of the applicable final "B" Map, the Applicant shall enter into a maintenance agreement and grant easements, which shall be subject to the approval of the City, as necessary for landscaping and improvements maintained by a Homeowners Association and or Business Owners Association within City right-of--way or such other public azeas required by the City. TRAILS 65. Prior to approval of the first final map, the Applicant shall enter into an agreement with the City whereby the Applicant agrees to construct the Regional Trail segment that extends off-site easterly to connect with the pedestrian bridge over Eastlake Pazkway to Village 11 to the satisfaction of the Director of Development Services. When trails extend to the property limits and aze intended to continue into an adjacent property, Applicant(s) agree(s) to coordinate alignments, trail and fencing materials and construction methods so as to provide a seamless transition from one ownership to another. 66. Prior to obtaining approval of improvement plan(s) containing the Project's greenbelt trail, the Applicant shall prepaze improvement plans that provide a minimum 15-foot wide (10-foot clear travel path) (concrete) treated in a decorative manner consist with the EUC SPA Plan and subject to approval of the Director of Development Services. Where down slopes (exceeding 4:1) occur adjacent to the trail, an additional 4-foot graded shoulder shall be provided with split-rail fencing centered in the shoulder. Where up- slopes occur adjacent to the trail a 2-foot shoulder (with a 2% maximum cross-slope) shall be provided. Shoulders shall be planted and irrigated in accordance with the Chula Vista Landscape Manual,. All trail construction materials shall be subject to the approval of the City Engineer. 67. Prior to obtaining approval of improvement plan(s) containing any public sidewalk, trail, or pathway segment or connection, the Applicant shall prepare construction documents, to the satisfaction of the Director of Development Services, that identify appropriate signage indicating location of trail connections, handicap access, and bikeway locations to [he Regional Trail, Village Pathway, and Chula Vista Greenbelt. Said signage shall be included on the "'^'-..-aa-ana-~eLandscane Master Plan. Signage shall be installed upon the request of the Director of Development Services. 68. Prior to approval of first Final Map, the Applicant shall enter into an agreement with the City whereby the Applicant agrees to comply with the current Regulatory Negotiation 15-64 v.,,.e i :..vin Resolution No. 2009-225 Page 23 Committee Recommendations jor Accessibility Guidelines: Outdoor Developed Areas Final Report, as may be amended from time to time, developed for: U.S. Architectural and Transportation Bamers Compliance Board when designing all trails and trail connections. OPEN SPACE/ASSESSMENTS 69. Prior to City acceptance of any open space lots, the Applicant shall demonstrate to the satisfaction of the City Engineer, that the assessments bonded indebtedness for all pazcels dedicated or granted in fee to the City have been paid or that no assessments exist on the pazcel(s). 70. Prior to approval of the first "B" map for the Froject, in the event Applicant wishes to request the formation of a Maintenance District or similaz funding mechanism, the Applicant shall submit an application packet for formation of a Community Facilities District (CFO), and submit the request for CFD formation to the City Council for consideration. The CFD may be phased, if requested by applicant, and approved by the Development Services Director. Subject to the approval of the Director of Public Works, Applicant shall submit a list of amenities, acreage and costs for all Open Space District lots including but not limited to the cost of any detention basin maintenance and structural storm water quality BMP's within the Project. Applicant shall maintain the open space improvements for a minimum period of one yeaz or until such time as accepted into the open space district by the Director of Public Works, whichever is - longer. If Council does not approve the maintenance CFD formation, another financing mechanism such as a Master Homeowners Association, or an endowment shall be established and submitted to the City Council far consideration prior to approval of the first final "B" Ma .Along with submission of the application package for formation of the CFO, Applicant shall submit an initial cash deposit in an amount to be determined by the City Engineer to begin the process of formation of the Open Space District. All costs of formation and other costs associated with the processing of the open space rcla[ing to this Project shall be borne by the Applicant, '- - ~--~`~~ ---'-'~ ~ ~-° '•° r--' '--°a ~- The Applicant shall provide all the necessary information and materials (e.g., tables, diagrams, etc.) required by the City Engineer for processing the formation of the proposed open space district. ) 71. Prior to the approval of the first final "B" Map, the Applicant shall submit evidence, acceptable to the City Engineer and the D'uector of Development Services of the formation of a Master Homeowner's Association (MHOA), or another financial mechanism acceptable to the Development Services Director. The MHOA shall be responsible for the maintenance of those landscaping improvements that are not to be included in the CFO. 72. Prior to the approval of any final map that proposes any MI-IOA-maintained facilifies within the City's right-of--way, the Applicant shall enter into a Grant of Easements and Maintenance Agreement with [he City. Applicant shall acknowledge that the MHOA's maintenance of public open space, trails, parkways, and like areas may expose the City to liability. Applicant agrees to establish a MHOA chat will hold the City harmless from any actions of the MHOA in the maintenance of such aeeas. 15-65 n.. ~.. i n ,.c ~n Resolution No. 2009-225 Page 24 CC&Rs 73. Prior to the approval of the first "B" Map for the Project, the Applicant shall submit and obtain approval of a Maintenance Responsibility Map from the Duector of Development Services. Said Maintenance Responsibility Map shall include delineation of private and public property. 74. Prior to the approval of each Final "B" Map, a Declazation or Supplementary Declazation of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to the approval of the City Engineer. The CC&R's shall include the following obligations of the Master Homeowners Association: a. A requirement that the MHOA shall maintain comprehensive general liability insurance against liability incident to ownership or use of the following areas: All open space lots that shall remain private, ii. Other Master Association property. b. Before any revisions to provisions of the CC&R's that may particulazly affect the City can become effective, said revisions aze subject to City approval. The MHOA shall not seek approval from the City of said revisions without the prior consent of 100 percent of the holders of fast mortgages or property owners within the MHOA. c. The MHOA shall indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related [o or arising from the maintenance activities of the MHOA. d. The MHOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of the City and 100 percent of the holders of fast mortgages or property owners within the MHOA. e. The MHOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than one million dollazs combined sinele limit. The policy shall be acceptable to the City and name the City as additionally insured to the satisfaction of the City Attorney. f .The CC&R's shall incorporate restrictions for each lot adjoining open space lots containing walls maintained by the open space district to ensure that the property owners know that the walls may not be modified or supplemented nor may they encroach on Ciry property. g. The CC&R's shall include provisions assuring maintenance of all streets, driveways, drainage and sewage systems which aze private. h. The CC&R's shall include provisions assuring MHOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. 15-66 n.,,.e i c ,.vin Resolution No. 2009-225 Page 25 i. The CCBcR's shall include provisions that provide the City has the right but not the obligation to enforce the CC&R provisions the same as any owner in the project. j. The CC&R provisions setting forth restrictions in these Tentative map conditions may not be revised at any time without prior written permission of the City. k. The MHOA shall not dedicate or convey for public streets, land used for private sweets without approval of 100% of all the HOA members or holder of first mortgages within the MHOA. 1. The CC&R's shall prohibit "speed bumps" on private sweets. 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 however other traffic calming measures may be implemented by the Homeowners Association subiect to approval of the City Engineer. G D ~ 1 F C' 1 TR .. v t t __1:...,..« ,.t.. n .._a.,.:..a.. n ~_s mat «t.. ~ F t :l; ; :l a .rat.. nnvnn ,t El--li Ply t 1 at e9tiEr3aE2~ anneal t BBSE n _ ,. . e .. _t' .....« ..t..il ...t : ~ . _.'« «te ,7,.,., ...~. . ~ _a ..t«,. «t., El~ o e~ ~7d. Prior to approval of each Final Map, the Applicant shall enter into an agreement ~ with the City whereby the Applicant agrees to establish agreements with future Homeowner Associations (HOAs) [hat require that an HOA shall be responsible for the maintenance and operation of all facilities within the common azeas and sweets behind any gated entrances. The facilities to be maintained include, but aze not limited to: pavements, sidewalks, street trees, street lights including power supply, street sweeping, private drainage facilities and landscaping of private common azeas. ~?76. Prior to approval of each Final Map, the Applicant shall enter into an agreement with the City whereby the Applicant agrees to notify future property owners during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of the MHOA and their estimated annual cost. Applicant shall submit the document and obtain the approval of the City Engineer and Director of Development Services prior to distribution through escrow, which approval shall not be unreasonably withheld. X8-77. Prior to the approval of each final map the Applicant shall enter into an agreement with [he City whereby the Applicant agrees to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along sweets within or adjacent to the subject subdivision. WATER X9:78. Prior to approval of each Final--cMapbuilding~ermit, Applicant shall 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 15-67 n.,..A t ~ ,.Ml1 Resolution No. 2009-225 Page 26 facilities. The Applicant shall phase and install water system improvements as required by the Otay Water District. 8&79. Prior to approval of the first Final Map for the Project, the Applicant(s) shall provide to the City a Subarea Master Plan (SAMP) for Eastern Urban Center for potable and reclaimed water, as approved by Otay Water District (OWD). Applicant(s) shall bond and construct for all on-site and off-site water facilities in accordance with the SAMP. The SAMP shall be consistent with the SPA Plan. EASEMENTS 81-80. Applicant shall design landscape and irrigation plans such that street tree placement is not in conflict with the visibility of any traffic signage. The Applicant shall be responsible for the removal of any obstructions of said traffic signs to the satisfaction of the City Engineer. &?-81. The Applicant shall notify the City at least 60 days prior to consideration by City of the first Map for the Project which requires off-site right-of-wav, ~~if any off- site right-of-way cannot be obtained as required by the Conditions of Approval. (Only off-site right-of--way or easements affected by Section 66462.5 of the Subdivision Map Act aze covered by this condition.) ARer said notification, the Applicant shall: a. Pay the full cost of acquiring off-site right-of--way and/or easements required by the Conditions of Approval of the tentative map. b. Deposit with the City the estimated cost of acquiring said right-of--way and/or easements. Said estimate shall be subject to approval by the City Engineer. c. Have all easements and/or right-of--way documents and plats prepazed and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. d. Request that the City use its powers of Eminent Domain to acquire right-of--way, easements or licenses needed for off-site improvements or work related to the Final Map. The Applicants shall pay all costs, both direct and induect incurred in said acquisition. e. Comply with the applicable provisions of the development agreement pertaining to off-site right-of--wav acquisition. AGREEMENTS/FQIANCIAL 882. Applicant shall enter into a supplemental agreement with the City, prior to approval of each Final Map for the Project, where the Applicant agrees to the following: a. That the City may withhold building permits for the Project in order to have the Project comply with the Growth Management Program, or if any one of the following occur: 15-68 u..,.e i ~ ,.a ~n Resolution No. 2009-225 Page 27 ' D....',.....1 A°.,°I °..... °..~ al..-°~L°la 1'...:~~ ,.°~ 1... .. !'6..1°S/:..t.. ~ .............~.,d..., i ~ ¢ vrcssnvn a ii_i. Traffic volumes, levels of service, public utilities and/or services either exceed the esistine adopted City threshold standards or fail [o comply with the t~°-„~-~-a~tT;o-Growth Management Ordinance; and Growth Management Program __a ~- °..,,_.°-'-'`•°-°'°as they exist at the time of oroiect aovroval and subiect to the nro~risions of an adopted development agreement. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. isi_ii. The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The Applicant may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the Director of Development Services and the City Engineer. The Applicant agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch Eastern Urban Center SPA if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program, have not been completed in compliance with the development agreement. as applicable. b. To defend, inderunify and hold harmless the City and its agents, officers and employees, from any and all claims, 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 the Eastern Urban Center SPA; Second Tier EIR (E[R 07-01), subsequent environmental review for the Project, any or all entitlements and approvals issued by the City in connection with the Project, and tentative map or final map(s) pursuant to Section 6649937 of the State Map Ac[ provided the City promptly notifies the Applicant of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. Permit all cable television companies franchised by the Ciry of Chula Vista or by the State of California for operation within the City equal opportunity to place conduit and provide cable television service for each lot or unit within the Tentative Map azea. Applicant further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the Final Map to those cable television companies identified above, the condition of such grant being that: Such access is coordinated with Applicant's construction schedule so that it does not delay or impede Applicant's construction schedule and does 15-69 u., ~o r e ~f ~ n Resolution No. 2009-225 Page 28 not requrre the trenches to be reopened to accommodate the placement of such conduits; and ii. Any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista or under applicable State law. 583. Prior to approval of each Final Map for the Project, the Applicant shall contract with the City's current street sweeping franchisee, or other server approved by the Director of Public Works to provide street sweeping for each phase of development on a frequency and level of service compazable to that provided for similaz azeas of the City. The Applicant 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 Applicant 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 azeas to be swept and the date the sweepine will begin. 8-S-The Developer shall install Chula Vista Transit facilities. which may include but not be limited to benches and bus shelters in accordance with the improvement plans approved by the City Since transit service availability may not coincide with proiect development the Developer shall install said improvements when directed by the City. Each Developer sepazately and individually shall enter into (anl a¢reement(s) with the ... _._. _c.~___ r__._i_____~ r. __. r.__I :=n» .-....... e..,.~..e F,,..A:,.~ nFrl,ece A A 1 h' C .,,1 ,.C rL ,. .. F.. .e e ..A C:... _1 .\.i... r D ~ r _, ~_ ...... .. ..V ...... , "" '" §iseretien ,1 1 1. n 1:..,...a .t...ll :....«.. ' , '"; 11 .."'A : ...1, e...1 ;,. _ p i ..•..A 1... Fh" !`:,._ r . rr r CODE REQUIREMENTS SH-84. Pay the following fees at the time of issuance of braiding permits, in accordance with the City Code, Council Policy, unless other timine is specified in a a~ Development Agreement: a. The Transportation and Public Facilities Development Impact Fees. 15-70 v"..e Io..F~n stOD details and principles as described in the SPA Plan and Village Desien Plan and as approved by the City's Transit Coordinator and Director of Development Services.l~er Resolution No. 2009-225 Page 29 b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Pedestrian Bridge (Condition 24) e. Poggi Canyon or Salt Creek Sewer Basin DIF as applicable. f. Fees adopted after approval of the Tentative Map in accordance with the provisions of the Subdivision Map Act. &x-85. 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. 15-71 n..,.,. ~ n ..c ~ n