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HomeMy WebLinkAboutReso 2003-199RESOLUTION NO. 2003-199 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF THE AMENDING TENTATIVE SUBDIVISION MAP FOR ROLLING HILLS RANCH SUBAREA III (FORMERLY SALT CREEK RANCH), 92-02A I. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit A, copies of which are on file in the office of the City Clerk, incorporated herein by reference, and commonly known as Rolling Hills Ranch Subarea III amending Tentative Subdivision Map, Chula Vista Tract 92-023_; and for the purpose of general description herein consists of 606.9 acres located north of Proctor Valley Road and east of Hunte Parkway, within the Rolling Hills Ranch (formerly Salt Creek Ranch) Planned Community ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on October 15, 2001, Pacific Bay Properties and as assumed by its successor in interest ("Developer") filed an amending tentative subdivision map with the Planning and Building Depathuent of the City of Chula Vista requesting approval of the amending Tentative Subdivision Map for Rolling HIlls Ranch Subarea III, Chula Vista Tract 02-02a in order to modify the Project Site and create 425 single-family lots and 6 open space lots (CC, EE-GG, DDD, HHI-1), 29 Master Home Owner's Association (HOA) open space lots, 4 HOA lots and 1 recreational lots (Rec Lot 9A); and various special lots (i.e., slope lots) throughout the subdivision ("Project"); and C. Prior Discretionary Approval WHEREAS, the development of the Project Site has been the subject matter of various entitlements and agreements, including: 1) Salt Creek Ranch General Development Plan (GDP) approved by City Council Resolution 15875 on September 25, 1990 and amended by City Council Resolution 2001-103 on April 10, 2001; 2) Salt Creek Ranch Sectional Planning Area (SPA) Plan approved by the City Council Resolution No. 16555 on March 24, 1992 and amended by City Council Resolution 2001-103 on April 10, 2001; 3) the Rolling Hills Ranch Planned Community District Regulations and I_and Use Map approved by City Council Ordinance No. 2499 on April 7, 1992 and amended by Ordinance No. 2833 on April 24, 2001; 4) Public Facilities Financing Plan approved by City Council Resolution 16555 on March 24, 1992 and amended by Resolution 2000-190 on April 10, 2001; 5) Tentative Subdivision Map for Salt Creek Ranch, Chula Vista Tract 92-02 previously approved by City Council Resolution Number 16834 on October 6, 1992 and amended by City Council Resolution 2000-190 on June 13, 2000; and 6) Agreement for Monitoring of Building Permits approved by City Council Resolution 2003-166 on April 15, 2003; and WHEREAS, this constitutes a supplemental resolution which only affects Subarea III and whose only intent is to modify, delete or add to previously adopted conditions of approval as they relate to said subarea; and I Resolution 2003-199 Page 2 WHEREAS, the TM conditions of approval pursuant to Resolution 16834 and 2000-190 except as specifically modified, deleted, or added as to Subarea III remain in full force and effect as to the entirety of CVT 92-02; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on April 23, 2003 and, after heating staff presentation and public testimony, voted 6-0 recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on May 13, 2003, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same; and WHEREAS, the City Clerk set the time and place for a hearing on said tentative subdivision map application, and notice of said hear'mg, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundary of the project, at least ten (10) days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. October 13, 2002, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. I1. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on April 23, 2003, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. PREVIOUS SEIR 91-03 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and certified FSEIR 91-03, Salt Creek Ranch and Addendum. IV. COMPLIANCE WITH CEQA The Environmental Review Coordinator has determined that any impacts associated with the proposed tentative subdivision map have been previously addressed by FSEIR 91-03, Salt Creek Ranch and has, therefore, prepared an addendum to said FSEIR. The Tentative Map is in substantial conformance with the conceptual tentative map and grading plans on which the FSEIR analysis was based and, therefore, approval and implementation of the Tentative Map does not change the basic conclusions of the FSEIR. The addendum has been prepared in accordance with requirements of the California Environmental Quality Act, State Evironmental Impact Report (EIR) Guidelines and the Environmental Review Procedures of the City of Chula Vista. V. INDEPENDENT JUDGMENT OF CITY COUNCIL Resolution 2003-199 Page 3 The City Council finds that the addendum to FSEIR 91-03, reflects the independent judgment of the City Council of the City of Chula Vista and hereby considers the addendum to FSEIR 91-03, Salt Creek Ranch. VI. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the amending Tentative Subdivision Map, as conditioned herein for Rolling Hills Ranch Subarea III, Chula Vista Tract No. 92-02a, is in conformance with the elements of the City's General Plan, based on the following: 1. Land Use The Rolling Hills Subarea III Plan (Residential Neighborhoods 9-12) provides for low density residential development with densities ranging between 1.05 and 2.0 dwelling units per acre. The project will provide for 425 single-family units. The project as conditioned, is in substantial compliance with the amended Salt Creek Ranch GDP and SPA, and since the GDP and SPA are in substantial conformance with the General Plan, the Tentative Map is also in substantial conformance with the General Plan. 2. Circulation All on-site and off-site streets required to serve the subdivision will be constructed or Development Impact Fees (DIF) paid by the developer. The public streets within the Project will be sized as prescribed in the circulation element of the General Plan 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. 3. Housing The applicant has entered into an agreement with the City to provide for required low and moderate income housing and in currenily ahead of schedule in terms of meeting the conditions of this agreement. 4. Conservation The Environmental Impact Report SEIR 91-03 and Addendum 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. In addition, subarea III boundaries and densities have been modified to specifically comply with the requirements of the Multiple Species Conservation Plan (MSCP) being adopted concurrently. 5. Parks and Recreation, Open Space Subarea III is a portion of the overall Salt Creek Ranch Development which will provide a 29 acre (gross) community park, a 7.3 acre (gross) neighborhood park and the payment of pad fees or additional improvements as I Resolution 2003-199 Page 4 approved by the Director of Building and Park Construction. In addition, equestrian and recreational trail systems will be provided throughout the project, ultimately connecting with other open space areas and trail systems in the region including the Chula Vista City-wide "Greenbelt" trail. 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. 7. Safety The Fire Depa,haent 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. 8. Noise Noise mitigation measures included in the Environmental Impact Report FSIER 91-03 and Addendum adequately address the noise policy of the General Plan. The project has been conditioned to require that all dwelling units be designed to preclude interior noise levels of 45 dBA and exterior noise exposure over 65 dBA for all outside private patio areas. 9. Scenic Highway The Subarea III portion of the Rolling Hills Ranch project is located east of the intersection of Hunte Parkway and East H Street. The portion of Proctor Valley Road adjacent to Subarea III, which serves the eastward extension of east H Street is not delineated as a scenic highway within the Land Use Element of the General Plan. 10. Bicycle Routes Although no designated regional off-street bicycle routes are included as components of the internal circulation network, bicyclists will be readily able to sham the internal streets with motor vehicles due to low traffic volume and limited speeds allowed. Bicycle route segments to connect to regional systems have been incorporated as prescribed by the Circulation Element of the General Plan. On-stmet bike lanes are included on the adjacent arterial highways. The bike lanes will be paved components of the street systems indicated. 11. Public Buildings No public buildings are proposed on the project site. The project is subject to Residential Construction Tax (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 Resolution 2003-199 Page 5 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 allows 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 developmem and the proposal conforms to all standards established by the City for such project. E. The conditions heroin imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extend to the impact created by the proposed development. BE IT FURTHER RESOSLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. VII. GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract 92-02A and FSEIR 91-03 and Addendum, except as modified by this resolution. B. implement Mitigation Measures Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Subsequent Environmental Impact Report, (FSEIR) 91-03 and Addendum. 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 FSEIR and Addendum. 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 Public Facilities Financing Plan Developer shall install public facilities in accordance with the Project's Public Facilities Financing Plan, as amended or as required by the City Engineer, to meet the threshold standards adopted by the City of Chula Vista. The City Engineer and Planning and Building Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. D. Design Approval Per section 2.3.1.3 of the Community Design Section of the approved Salt Creek Ranch SPA, single family detached residential areas with lots 4,500 s.f. or larger in any residential district may use the tentative tract map with typical building elevations and typical building locations on lots as a substitute for elevations and siting of all buildings. Specific requirements for application and review procedures are published in the City's Zoning Ordinance. I Resolution 2003-199 Page 6 VIII. SPECIAL CONDITIONS OF APPROVAL All conditions listed below are either modified conditions of previous Resolution No's. 16834 and 2000-190 or are new conditions which only affect Subarea III. As such, the numbering of conditions shown is consistent with the existing condition number shown in Resolution No. 16834 which is herewith shown for purposes of being modified or deleted. All other conditions of approval adopted pursuant to Resolution 16834 and 2000-190 remain in full force and effect as to Subarea II1 and the entirety of CVT 92-02. Streets, Rights-Of-Way and Improvements 19. Grant in fee the City a 1-foot control lot at the northerly terminus of Hunte Parkway and the easterly terminus of both Ranch Estate Place and Ranch Lakes Way and the southerly terminus of Duncan Ranch Road. (Engineering) 22. Prior to approval of the first Final Map for Neighborhood 12, the northern adjacent property owners of record shall demonstrate to the satisfaction of the City Engineer and Director of Planning that alternative public street access to the northern adjacent properties can be reasonably and feasibly constructed by them, at their own expense, from an economic, planning, environmental, engineering and legal standpoint. Upon such a showing, the developer shall provide private easement access up to the existing dirt roads located at the end of Street MMMM and Street NNNN, by means of Street SSSS, as depicted on the Tentative Map. (Engineering, Planning) 27. Construct private streets in accordance with the standards contained in the subdivision manual and street design standards unless otherwise approved by the City Engineer. Private street cross sections shall conform to those shown on the tentative map for curb-to-curb width and right-of-way width. (Engineering) Sewers 29. Grant to the City fee title to a parcel within which the Salt Creek Ranch sewer pump station shall be located. Design and construct the sewer pump station subject to the approval of the Cities of Chula Vista and San Diego. Developer shall comply with Council Policy 570-03 and provide the City of Chula Vista with a deposit for the maintenance and operation of said facility as outlined in Council Policy No. 570-03 for permanent sewer pump stations. (Engineering) 31. Delete Grading and Drainage Water 43. Design the storm drains and other drainage facilities to include BMP's to minimize non-point source pollution, satisfactory to the City Engineer and the City of San Diego Water Utilities Director. 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 Resolution 2003-199 Page 7 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 ail 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. c. Prior to approval of the first final map for the Project, Developer shail 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 shail not be deemed a waiver of the right to chailenge the amount of any assessment, which may be imposed due to the addition of these improvements and shail 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. At such time as required by the City Engineer for the Project, the Developer shail 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. Prior to approval of each 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 code and the adopted City of Chula Vista's Storm Water Management Standards Requirements Manual, which includes the Local 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 shail be identified and implemented that specificaily prevent pollution of storm drain systems to the Maximum Extent Practicable (MEP) from certain project feature, land use, areas and activities. The Developer shail incorporate in the Project design, water quaiity and watershed protection principles and ail post construction Best I Resolution 2003-199 Page 8 Management Practices (BMP's) selected for the Project, in compliance with the NPDES Pemfit. (Engineering) Fees/Payments 53. Deposit $30,000 or a sum up to that mount if otherwise approved by the City Engineer in his/her discretion to provide for the first years' maintenance costs prior to approval of the Final Map of any phase or unit, which requires the Salt Creek Ranch pump station to provide sewer service. (Engineering) Agreements/Covenants 55. Enter into a supplemental agreement with the City, prior to approval of each Final Map, where the developer agrees to the following: a. That the City may withhold building permits for the subject subdivision if any one of the following occur: 1. 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. 2. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. 3. The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City's Director of Planning and Building and the Public Works Director. The Applicant agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan 0aFFP) for the Project if the required public facilities, as identified in the PFFP have not been completed. b. 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. 66. Permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit and provide cable television service for Resolution 2003q99 Page 9 each lot or unit within the final map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the final map only to those cable television companies franchised by the City of Chula Vista, the condition of such grant being that: (a) such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate that placement of such conduits; and (b) any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. (Engineering, Planning & Building) Public Parks and Trails 68. Within 60 days from City Council approval of the Amending Tentative Map, prepare, submit and obtain the approval of the Director of Planning and Building for a comprehensive Landscape Master Plan for Subarea III. The Landscape Master Plan shall reflect the requirements of the Landscape Architecture Division's checklist and the City of Chula Vista Landscape Manual. 70. Developer shall provide a title report showing the Community Park site is free and dear of ail encumbrances prior to acceptance of the park except for those easements of record in favor of the City on the Final Map for the site. Street Trees/Open Space 82. a. Concurrently with approval of the first final map for the Project, the MSCP Preserve lots (Lots CC, EE, FF and GG) and Tarplant Management Areas (Lots DDD and HHH) 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. Prior to the first final map, the Developer shall enter into an agreement with the City which requires the Developer to assure interim management of the lots for a period not to exceed two years. A conservation easement or other similar restriction, acceptable to the Director of Planning and Building, shall also be provided that precludes the use of lots CC, EE, FF, GG for any use other than preserve, as set forth in the MSCP Subarea Plan, unless agreed to by the City and the Wildlife Agencies. b. Fencing and/or walls shall be installed, to the satisfaction of the Environmental Review Coordinator, adjacent to both the MSCP Preserve lots (LOts CC, EE, FF and GG) and the Tarplant Management Areas (Lots DDD and HHH) in order to prevent impacts to the biological resources from domestic pets and human activity. An alternative to fencing would be the planting of native barrier plants subject to the approval of the Resolution 2003-199 Page 10 Environmental Review Coordinator at his/her sole discretion. Perpetual maintenance of the fence or barrier shall be provided by the HOA (Planning & Building, Engineering) c. Indicate on all affected grading plans that ail fencing and/or wails to be maintained by the HOA shall be constructed entirely within HOA-maintained open space lots or easements granted to the HOA and irrevocably offered to the City of Chula Vista. 84. Prior to the approval of final maps for Neighborhoods 9, 10a, 10b, 11 and 12 and subject to the approvai of the Director of Planning and Building, establish homeowners associations (HOA) for said neighborhoods to provide for the maintenance of those areas as identified by the Director of Planning and Building and the City Engineer, including open space areas, private streets, drainage facilities and fencing, walls or other barriers as identified on the amending tentative map (CVT 92-02A) (Planning & Building) 85. a. Prior to issuance of each grading permit for the Project, prepare, submit and obtain approval of the Director of Planning and Building for Landscape slope erosion control plans for the area encompassed within each the grading permit in accordance with the City of Chula Vista Grading Ordinance and the Landscape Manuai. Revegetation of slopes externai to Subarea III and/or adjacent to open space lots or undisturbed areas shall be accomplished with native plant species, which are appropriate to the area as determined by the City's Landscape Architecture Division and Environmental Review Coordinator. b. Prior to issuance of the first building permit for the Project, prepare, submit and obtain approval of the Director of Planning and Building for landscape and irrigation plans in accordance with the City of Chula Vista Landscape Manuai for ail streets, common areas and open space lots. 87. Include in the Covenants Conditions & Restrictions (CC&R's) that the maintenance of ail private facilities and improvements within open space areas are managed by homeowners associations. Prior to approval of the first final map for the Project, the Developer shall: 1) create a Master Homeowners Association ("HOA") to own and maintain in a professionai manner open space areas, medians, parkways, and all other improvements not maintained by community facilities district or other entity; and 2) complete the formation of the HOA which shail be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning and Building requires such annexation of future tentative map areas. Submit to and gain approval of said CC&R's by the Director of Planning prior to approval of the associated final map. The CC&R's shall include the following; a. Maintain all the facilities and improvements within the open space lots offered for dedication to the City until acceptance of the open space lots for maintenance by a community facilities district. Resolution 2003-199 Page 11 b. 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 holders of first mortgages within the HOA. Notwithstanding the above, if the Developer chooses to annex into an existing HOA and provide supplemental CC&R's, all above requested provisions apply and shall be incorporated into said CC&R's to the satisfaction of the City Attorney, Director of Planning & Building and City Engineer. (Planning and Building, Engineering, City Attorney) Fire and Brash Management 88. Provide the initial cycle of fire management/brush clearance within designated brush management HOA lots in Subarea III and conduct selective thinning on Parcel YY subject to the approval of the Fire Marshal and the Landscape Architecture Division and Environmental Review Coordinator. (Planning & Building, Fire, Building and Parks Construction) 90. Prior to the issuance of the first grading permit, the Developer shall contribute, in an amount and 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 and Building) 91. Dedicate to the City open space easements (OSE) over all downhill side and rear slopes adjacent to MSCP Preserve lots in Subarea III. These open space lots shall preclude the construction of any structures within said easements and shall limit activities within the easements to landscape maintenance of fuel modification plant materials. The wording of the OSE's shall be subject to the approval of the Director of Planning and Building, and the City Attorney. (Planning & Building, C.A.) 92. Prepare and execute fuel modification plans consistent with Section 3.6 of the Rolling Hills Ranch SPA subject to the approval of the Directors of Planning & Building, Building and Parks Construction, and the Fire Marshal prior to approval of any Final Map in Subarea III. Any new plantings within the Fuel Modification Zone shall be non-invasive and subject to the approval of the Environmental Review Coordinator and Landscape Architecture Division. (Planning & Building, Fire, Building and Parks Construction Miscellaneous 99. Delete 117. Delete 118. Delete 119. Delete NEW CONDITIONS I Resolmion 2003-199 Page 12 129. Upon conveyance of the Tarplant Management Areas (TMA) (Lots DDD and I-IHH) as depicted on C.V.T. Map 92-02A, the TMA will be managed by a qualified preserve manager subject to the approval of the City of Chula Vista after consultation with the Wildlife Agencies. Prior to the issuance of the first grading permit for the Project, the applicant shall provide a $100,000 cash deposit to the City of Chula Vista or management entity as approved by the City to be placed in a non-wasting endowment for long-term management of the TMA. Maintenance of all drainage facilities through the TMA shall be the sole responsibility of the HOA. (Planning & Building, Engineering) 130. Grading plans for Neighborhood 11 shall provide for the removal of topsoil containing tarplant in Neighborhood 11 to be relocated to graded slopes within the TMA (Lots HI-IH and DDD). A qualified biologist, as approved by the Environmental Review Coordinator, shall supervise movement of topsoil containing tarplant. (Planning & Building, Engineering) 131. Prior to the issuance of the first grading permit for Subarea III, the Developer shall provide offsite mitigation for tarplant to include: (1) preservation of 5.8 acres (containing approximately 15,080 plants) within the San Miguel Mitigation Bank; and, (2) conservation of one 10 acre parcel containing a minimum of 15,000 plants in a location within the MSCP Preserve subject to the approval of the Director of Planning & Building. An endowment for perpetual management of the 10 acre offsite mitigation parcel, shall be provided to the City or designated management entity approved by the City. The endowment shall be in an amount and form acceptable to the City or the designated management entity approved by the City. (Planning & Building) 132. Prior to the issuance of the first grading permit for Subarea III, Area Specific Management Directives (ASMD's) for the MSCP Preserve lots (Lots CC, EE, FF, and GG) and the TMA lots (Lots DDD and HHH) shall be prepared by the Developer subject to the approval of the Director of Planning and Building. The ASMD's w'fll contain short-term management measures, to be implemented by the Developer during the construction of the project, and long-term management measures which will be implemented by the City or designated management entity. Developer shall assure funding, in an amount consistent with funding levels identified in the MSCP and form approved by the Director of Planning and Building, for implementation of the ASMD's. (Planning & Building) 133. 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.) 134. 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 permit/map 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) Resolution 2003-199 Page 13 approved by the City Council on May 13, 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 provisions of 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 furore 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. 135. Construct or enter into an agreement to construct the following street improvements prior to the approval of the corresponding Final Map for the neighborhoods identified. The required security shall be provided for each facility prior to approval of the Final Map for the corresponding neighborhood or portion thereof. Construction of appropriate improvements for each neighborhood portion thereof shall be completed prior to issuance of the first building permit for each affected neighborhood or portion thereof. NEIGHBORHOOD 9 10A 10B 11 12 Facilities Needed * A, B, C, G, H, A, B, C, D, E,F, G, H A, C, D, G, H, L A, B, C, D, E, F, G, H, I, K A, B, C, D, E, F, G, H, I, J * Should there be a conflict between this condition and condition no. 7 of Resolution No. 16834, this condition shall control. Facility A B C D E F G Description Proctor Valley Road from Coastal Hills Drive to Agua Vista Drive, including transition to existing dirt road and dedicate to the City in a form acceptable to the City Engineer, the "future Proctor Valley Road easement" as shown on the Tentative Map east of Agua Vista Drive. Coastal Hills Drive from Proctor Valley Road, to north boundary of Neighborhood 9 ( & cul-de sac within SDG&E Easement). Agua Vista Drive from Proctor Valley Road, to north boundary of Neighborhood 9. Agua Vista Drive from north boundary of Neighborhood 9 to Ranch Estate Place. Agua Vista Drive from Ranch Estate Place to north boundary of Neighborhood 10A (& cul-de sac within SDG&E Easement). Coastal Hills Drive from north boundary of Neighborhood 9 (SDG&E Easement) to sewer access road easement within Lot GGG, at the southerly boundary of Neighborhood 11, Lot 8. Sewer access road from Coastal Hills Drive to Adams Ranch Court; Adams Ranch Court. Stormwater detention and diversion facility at south end of I Resolution 2003-199 Page 14 H I J K L Neighborhood 9 (Lot AA). Sewer Pump Station on Agua Vista Drive, north of Proctor Valley Road (Lot BB). 1296 Zone Hydropneumatic Pump (Lot GGG) and complete the 980 zone water distribution loop from Agua Vista Dr to Coastal Hills Dr. such that the pump will have two sources of 980 zone water. Iron Gate and Butterfly Way to Coastal Hills Drive. Ranch Lakes Way and Agua Vista Dr. to easterly subdivision boundary. Ranch Estate Place from Agua Vista Dr to easterly subdivision boundary and off-site cul-de-sac. 136. In the event of a final map, which requires over-sizing of the improvements necessary to serve other properties, said final map shall be required to include the installation of all necessary improvements to serve the Project, plus the necessary improvements for over-sizing of facilities required to serve such other properties. At the request of Developer, City shall consider formation of a reimbursement district or any other reimbursement mechanism in accordance with the restrictions of State Law and City Ordinances. (Engineering) 137. Prior to approval of each Final Map containing any public streets, the Applicant shall agree to contract with the City's current street sweeping franchisee, or other server approved by the Assistant Director of Public Works (ADPW0) to provide street sweeping 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 occurs earlier. The developer further agrees to provide the ADPWO 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) 138. Prior to approval of the first final map for the Project, developer shall enter into an agreement assuring HOA membership in advance notice service such as USA Dig Alert in perpetuity. X. CONSEQUENCE OF FAILURE OF CONDmONS 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. XI. INVALIDITY; AUTOMATIC REVOCATION Resolution 2003-199 Page 15 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. It is in the public's interest for City to require McMillin to indemnify the City against the adverse risks and costs of a challenge to City's actions in preparing and approving an Addendum to FSEIR 91-03 and approving the Amendment to the Tentative Subdivision Map for Roiling Hills Ranch, Chula Vista Tract 92-02(A) and related discretionary approvals, if any. Presented by Approved as to form by Planning & Building Director I Resolution 2003-199 Page 16 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of May, 2003, by the following vote: ATYEST: Councilmembers: Councilmembers: Councilmembers: AYES: NAYS: ABSENT: McCarm, Rindone, Salas and Padilla None Davis Stephen Pa'dilla, Mayor Susan Bigelow, City Cl~rk 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. 2003-199 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 13th day of May, 2003. Executed this 13th day of May, 2003. Susan Bigelow, City Clerk