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HomeMy WebLinkAboutReso 2003-387RESOLUTION NO. 2003-387 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP TO SUBDIVIDE 10 ACRES LOCATED WEST OF DUNCAN RANCH ROAD, NORTH OF PROCTOR VALLEY ROAD, INTO 43 SINGLE-FAMILY RESIDENTIAL LOTS I. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit "A," copies of which are in the office of the City Clerk, attached hereto and incorporated herein by this reference, and commonly known as Rolling Hills Ranch Neighborhood 7C, and for the purpose of general description herein consists of approximately 10 acres located west of Duncan Ranch Road, north of Proctor Valley Road (''Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, a duly verified application was filed with the City of Chula Vista Planning and Building Department on March 4, 2003, by McMillin Development Company ("Developer) requesting approval of a Tentative Subdivision Map, Chula Vista Tract 03-13, to subdivide 10 acres into 43 single family residential lots ("Project"); and C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements and agreements, including: 1) Salt Creek Ranch General Development Plan (GDP) approved by City Council Resolution 15875 on September 25, 1990 and amended by City Council Resolution 2003-198 on May 13, 2003; 2) Salt Creek Ranch Sectional Planning Area (SPA) Plan approved by City Council Resolution No. 16555 on March 24, 1992 and amended by City Council Resolution 2003-198 on May 13, 2003 and as further amended by Resolution 2003-386 on August 26, 2003; 3) the Salt Creek Ranch Planned Community District Regulations and Zoning Districts Map approved by City Council Ordinance No. 2499 on April 7,1992 and amended by Ordinance No. 2913 on May 20, 2003 and as further amended by Ordinance No. 2932 on August 26, 2003; 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 No. 16834 on October 6, 1992 and amended by City Council Resolution No. 2000-190 on June 13, 2000 and Resolution 2003-199 on May 13, 2003; and 6) Agreement for Monitoring of Building Permits by City Council Resolution No. 2003-166 on April 15, 2003; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Tentative Subdivision Map on August 13, 2003 and, after hearing staff presentation and public testimony, voted 6-0-1-0 to recommend that the City Council approve the Tentative Subdivision Map, Resolution 2003-387 Page 2 Chula Vista Tract 03-13, in accordance with the findings and subject to the conditions listed below; and E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Tentative Subdivision Map was held before the City Council of the City of Chula Vista on August 26, 2003 on the project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and WHEREAS, the City Clerk set the time and place for a hearing on said Precise Plan and Tentative Subdivision Map applications, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 fi. of the exterior boundary of the project at least 10 days prior to the hearing; and WHEREAS, the heating was held at the time and place as advertised, namely 6:00 p.m. August 26, 2003, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at its public hearing on the project application held on August 13, 2003, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. PREVIOUS FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) 89-03 AND FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (FSEIR) 91-03 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and certified FEIR-89-03 and FSEIR 91-03, Salt Creek Ranch. 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 FEIR 89-03 and FSEIR 91-03, Salt Creek Ranch and has, therefore, prepared an addendum to said FEIR and FSEIR. The Tentative Map is in substantial conformance with the adopted Salt Creek Ranch GDP and SPA on which the FEIR and FSEIR analysis was based and, therefore, approval and implementation of the Tentative Map does not change the basic conclusions of the FEIR and FSEIR. The addendum has been prepared in accordance with requirements of the California Environmental Quality Act, State Environmental Impact Report (EIR) Guidelines and the Environmental Review Procedures of the City of Chula Vista. V. INDEPENDENT JUDGMENT OF CITY COUNCIL Resolution 2003-387 Page 3 The City Cotmcil finds that the addendum to FEIR 89-03 and FSEIR 91-03, reflects the independem judgment of the City Council of the City of Chula Vista and hereby considers the addendum to FEIR 89-03 and 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 Tentative Subdivision Map, as conditioned herein for Rolling Hills Ranch 7C, Chula Vista Tract No. 03-13, is in conformance with the elements of the City's General Plan, based on the following: 1. Land Use The Rolling Hills Ranch Neighborhood 7C parcel, as amended, provides for Low Medium Density Residential (3-6 du/ac). The proposed subdivision provides for forty three residential single family lots to be developed on the 10 acre site. Thus, the project, as conditioned, is in substantial compliance with the 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 public streets required to serve the subdivision will be constructed or DIF fees paid by the developer in aceO~ce with the Salt Creek Ranch Public Facilities Financing Plan. 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 Director of Engineering. The required and anticipated off-site improvements would be designed to handle this project and future projects in the area. 3. Housing The project has been conditioned to require the Developer to either enter into a Third Affordable Housing Agreement or amend an existing affordable housing agreement to provide affordable housing units as specified in the adopted Salt Creek Ranch SPA Plan and as modified, or otherwise approved by Director of Community Development to include an additional requirement for two housing units for low income households or the equivalent thereof based upon five percent of the 43 residential lots created in Neighborhood 7C. 4. Conservation FEIR 89-03 and FSEIR 91-03 address 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. 5. Parks & Building Construction, Open Space Resolution 2003-387 Page 4 The project's parkland development obligation has been satisfied by the improvement of an existing 7-acre neighborhood park located on Mackenzie Creek Road and the dedication of land and the payment of development fees for a future 22+- acre community park located south of Proctor Valley Road between Duncan Ranch Road and Hunte Parkway. 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 Department and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets the City Threshold Standards for emergency services. 8. Noise Noise mitigation measures included in the FEIR 89-03 and FSEIR 91-03 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 in excess of 45 dBA and exterior noise exposure over 60 dBA for all outside habitable areas. 9. Scenic Highway The Neighborhood 7C and affected Neighborhood 8 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 which provides vehicular access to Neighborhood 7C and the community park in Neighborhood 8 via Duncan Ranch Road, and 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 proscribed by the Circulation Element of the General Plan. On-street 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 am proposed on the project site. The project is subject to RCT fees prior to issuance of building permits. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this proposal on the housing needs of the region and has balanced Resolution 2003-387 Page 5 those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. C. The configuration, oriemation 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 msidentiai development and the proposal conforms to all standards established by the City for such project. E. The conditions herein 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 RESOLVED 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 03-13, Final Environmental Impact Report and Final Supplemental Environmental Impact Report for the Salt Creek Ranch Sectional Planning Area (SPA) Plan and associated Mitigation Monitoring and Reporting Program, 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 Environmental Impact Report and Final Supplemental Environmental Impact Report for the Salt Creek Ranch Sectional Planning Area (SPA) Plan and associated Mitigation Monitoring and Reporting Program. 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 & Building and Environmental Review Coordinator. Mitigation Measures shall be monitored via the Mitigation Monitoring Program approved in conjunction with FEIR 89-03 and FSEIR 91-03. Modification of the sequence shall be at the discretion of the Director of Planning & Building should changes in the circumstances warrant such revision. C. Implement Public Facilities Financing Plan Developer shall install public facilities in accordance with the Salt Creek Ranch Public Facilities Financing Plan, as amended or as required by the Director of Engineering, to meet the threshold standards adopted by the City of Chula Vista. The Director of Engineering and Planning & Building Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. D. Design Approval The Developer shall develop the lots in accordance with the Salt Creek Ranch Planned Community District Regulations. Resolution 2003-387 Page 6 E. Contingency of Project Approval Approval of the Tentative Map is contingent upon the approval of the GDP/SPA amendment (PCM 03-24) and Ordinance taking effect. VIII. SPECIAL CONDITIONS OF APPROVAL Unless othe~vise specified, all conditions and code requirements listed below shall be fully completed to the City's satisfaction prior to approval of each final map. 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 Developer as to any or all of the property. For purposes of this document the term "Developer" shall also mean "Applicant". (Planning and Building) 2. The Developer shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual, Chula Vista Design Plan, Subdivision Manual, Salt Creek Ranch Affordable Housing Program, Salt Creek Ranch General Development, SPA Plan, Salt Creek Ranch Planned Community District Regulations and Public Facilities Financing Plan; FEIR 89-03, FSEIR 91-03 and Addendum; Agreement for Monitoring of Building Permits per Resolution 2003-160; all as may be amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. (Planning and Building) 3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. (Planning and Building) 4. In the event of a filing of a final map for the project which requires over sizing of the improvements necessary to serve other properties, said final map shall be required to install all necessary improvements to serve the project plus the necessary over sizing of facilities required to serve such other properties as determined by City Engineer (in accordance with the restrictions of state law and City ordinances). (Engineering) STREETS AND RIGHT OF WAYS 5. Concurrent with approval of each final map for the project, the Developer shall submit Improvement Plans for the applicable neighborhood for review and approval by the City Engineer, Director of General Services and the Director of Resolution 2003-387 Page 7 Planning and Building. Applicant shall secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the construction and/or construct full street improvements for all on-site and off-site streets as identified on the Tentative Map, and as may be amended from time to time and as deemed necessary to provide service to the subject subdivision. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, traffic signals, signs, landscaping, irrigation, fencing, fire hydrants and street light locations, subject to the approval of the City Engineer. (Engineering) 6. Prior to the issuance of each street construction permit for the project, the Developer shall prepare and secure, to the satisfaction of the City Engineer and the Director of General Services, for parkway and median landscape and irrigation plans. All plans shall be prepared in accordance with the current Chnla Vista Landscape Manual and the Rolling Hills Ranch SPA Plan, as may be amended from time to time. Applicant shall install all improvements in accordance with approved plans to the satisfaction of the Director Of General Services and the City Engineer. (Building & Park Construction, Engineering) 7. Prior to the approval of the first final map for the project, the Developer shall construct or enter into an agreement to construct and secure all street improvements as required by City Engineer, for each particular development phase, as may be amended from time to time. The Developer shall construct the improvements and provide security satisfactory to the City Engineer and City Attorney. (Engineering) 8. Concurrent with the first final map for the project, submit and receive the approval from the City Engineer of a lot line adjustment, to the satisfaction of the City Engineer, between the western boundary of the project and Lot "A" of Map No. 14164. 9. Prior to approval of each final map, the Developer shall acquire and then grant to the City all off-site rights-of-way and easements necessary for the installation of required street improvements and/or utilities. (Engineering) 10. Developer shall, prior to the issuance of each rough grading permit proposing to grade individual lots and streets for the project, submit a study showing that all curb returns for any intersection in excess of 4% grade, located within the permit boundaries, and all driveways within public right-of-ways, comply with ADA standards at the front and back of sidewalks to the satisfaction of the City Engineer. (Engineering) 11. Developer shall notify the City, at least 60 days prior to consideration of the approval of the applicable final map by City Council, if off-site right-of-way and easements cannot be obtained as required by these conditions. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification the Developer shall: a. Pay the full cost of acquiring off-site right-of-way or easements required by the Conditions of Approval of the Tentative Map. Resolution 2003-387 Page 8 b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. Said estimate is subject to the approval of the City Engineer. c. Have ail right-of-way and/or easement documents and plats prepared and appraisals complete, as necessary to commence condemnation proceeding, and as determined by the City Engineer. d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements, or licenses needed for off-site improvements, or work related to the final map. The Developer shail pay all costs, both direct and indirect, incurred in said acquisition. e. Items a, b, and c above shall be accomplished prior to the approvai of the applicable final map. (Engineering) 12. The Developer shail grant on the applicable final maps sight visibility easements to the City of Chula Vista for comer lots, as required by the City Engineer, to keep sight visibility areas clear of any obstructions. Sight visibility easements shail be shown on grading plans, improvement plans, and finai maps to the satisfaction of the City Engineer. (Engineering) 13. Design landscape and irrigation plans such that street tree placement is not in conflict with the sight visibility of any traffic signage. The Developer shail be responsible for the removal of any obstructions within the sight visibility of said traffic signs to the satisfaction of the City Engineer. (Engineering) 14. Street cross sections shail conform to the cross sections shown on the tentative map, unless otherwise conditioned or approved herein. All other design criteria shail comply with the current Chula Vista Design Standards, Chula Vista Street Design Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein. (Engineering) 15. The Developer shall submit to and obtain approvai by the City Engineer of striping plans for ail collector or higher classification streets simultaneously with the associated improvement plans. (Engineering) 16. The Developer shail construct a temporary turnaround or street improvements, upon the request of and as determined necessary by the City Engineer and Fire Marshal, at the end of temporarily stubbed streets greater than 150 ft. in length (as measured from the nearest street centefline intersection). (Engineering) 17. The Developer shail design ail vertical and horizontal curves and intersection sight distances to conform to the Caltrans Highway Design Manual. All streets, which intersect other streets at or near horizontal or vertical curves, must meet intersection design sight distance requirements in accordance with City standards. Sight visibility easements shail be granted as necessary to comply with the requirements in the Caltrans Highway Design Manuai and City of Chula Vista policies, where a conflict exists, the City of Chnla Vista policies shail prevail. Lighted SAG vertical curves may be permitted, with the approvai of the City Engineer, at intersections per AASHTO standards. (Engineering) 18. Prior to approvai of each finai map, the Engineer-of-work shail submit and obtain approval by the City Engineer a waiver request for ail subdivision design Resolution 2003-387 Page 9 items not specifically waived on the tentative map, and not conforming to the adopted City standards. The Engineer-of-work request shall outline the requested subdivision design deviations from adopted City standards and state that in his/her professional opinion, no safety issues will be compromised. The waiver is subject to approval by the City Engineer in the City Engineer's sole discretion. (Engineering) 19. The Developer shall construct sidewalks and construct pedestrian ramps on all walkways to meet "Americans with Disabilities Act" standards and subject to approval of the City Engineer. In the event the Federal Government adopts ADA standards for street rights-of-way, which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. (Engineering) 20. The Developer shall not install privately owned water, or other utilities crossing any public street. The installation of sleeves for future construction of privately owned facilities may be allowed subject to the review and approval of the City Engineer if the following is accomplished: a. The Developer enters into an agreement with the City where the Developer agrees to the following: i. Apply for an encro&chment permit for installation of the private facilities within the public fight-of-way; and · ' ' ii. Maintain membership in an advance notice such as the USA Dig Alert Service; and iii. Mark out any private facilities owned by the Developer whenever work is performed in the area; and iv. The terms of this agreement shall be binding upon the successors and assigns of the Developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. (Engineering) 21. Street names shall be as on the approved tentative map, or as otherwise approved by the Director of Planning and Building and City Engineer. (Planning, Engineering) 22. Prior to approval of each final map, the Developer shall agree to install permanent street name signs, and shall install such signs prior to the issuance of the first building permit for the applicable final map. (Engineering) 23. Provide security in accordance with Chapter 18.16 of the Chula Vista Municipal Code, dedicate, and construct full street improvements for all streets shown on the tentative map within the subdivision boundary or off-site, as deemed necessary by the City Engineer to provide service to the subject Resolution 2003-387 Page 10 subdivision, in accordance with Chula Vista Design Standards, Chula Vista Street Standards, Chula Vista Subdivision Manual, and approved tentative map, unless otherwise approved by the City Engineer. Said street improvements shall include, but not be limited to, asphalt concrete pavement, base, curb, gutter and sidewalk, sewer, water treatment facilities, water quality force mains and pumps, drainage facilities, street lights, traffic signals, signs, striping, fire hydrants and transitions to existing improvements in the manner required by the City Engineer. The amount of the security for required improvements, including landscape and irrigation plans, shall be 110% of a construction cost estimate approved by the City Engineer and the Director Of General Services if related plans have been approved by the City, 150% times the approved cost estimate if related plans are being processed by the City or 200% times the construction cost estimate approved by the City Engineer and the Director Of General Services if related plans have not been submitted for City review. A lesser percentage may be required if it is demonstrated to the satisfaction of the City Engineer and the Director of General Services that sufficient data or other information is available to warrant such reduction. (Engineering) OPEN SPACE/ENVIRONMENTAL 24. The approval of this map by the City of Chula Vista does not authorize the applicant to violate any Federal, State or City laws, ordinances, regulations or policies, including but not limited to the Federal Endangered Species Act of 1973 and any amendments thereto (16 U.S.C. Section 1531 et seq.). (Planning & Building) DRAINAGE 25. The Developer shall prior to approval of any grading plans; submit hydrology and hydraulic studies, and calculations demonstrating the adequacy of downstream drainage structures, pipes and inlets. (Engineering) 26. All private storm drains from the project shall connect into the public storm drain system at a structure such as a cleanout or catch basin. (Engineering) 27. Prior to the approval of the first final map for the project, or issuance of the first grading permit for the project, whichever occurs earlier, enter into an agreement with the City of Chula Vista, wherein the Developer agrees to the following: a. Comply with the requirements of the new Municipal Storm Water Permit (Order No. 2001-01) issued by the San Diego Regional Water Quality Control Board, including revision of plans as necessary. b. Indemnify, and hold harmless the City, its elected and appointed officers and employees, from and against all f'mes, costs, and expenses arising out of non-compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the project, whether the non-compliance results from any action by the Developer, any agent or employee, subcontractors, or others. The Developer's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. Resolution 2003-387 Page 11 c. To not protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the mount of any assessment, which may be imposed due to the addition of these improvemems and shall not interfere with the right of any person to vote in a secret ballot election. The above noted agreement shall run with the entire land contained within the project. (Engineering) 28. The quantity of runoff from the development shall be reduced to an mount equal to or less than the pre-development 5-, 10-, 25-, 50- and 100-year frequency storm. Retention/detention facilities and water quality basins will be constructed to the satisfaction of the City Engineer to reduce the quantity of runoff to an amount equal to or less than the pre-development flows. Said retention/detention facilities and water quality basins shall be designed per the City's subdivision manual, constructed by the Developer and maintained by the HOA, or other mechanism as subject to approval of the City. The Developer shall also process and obtain any resource or like agencies permits for said facilities. (Engineering) 29. Storm drain systems that collect water from private property shall be designated private on grading and drainage and/or improvement plans to the point of connection with a public system. A grant of easements and encroachment agreement in a form acceptable to the City Attorney shall be required for all private drainage improvements within the public tight-of-way or within C.F.D. maintained Open Space lots. (Engineering) 30. The Developer shall submit with grading and drainage and/or improvement plans, as applicable, hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. (Engineering) 31. Storm drain design shall conform to the requirements of the Subdivision Manual and the Grading Ordinance as may be amended from time to time. Any modification to the storm drain plans will require an updated Urban Runoff Management Plan to address said modification as required by the City Engineer. (Engineering) 32. Storm drain dean outs shall not be located on slopes or in inaccessible areas for maintenance equipment. Public storm drains shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. (Engineering) 33. Brow ditches that cross over slopes greater than 10 feet in height and steeper than 3:1 gradient shall not be allowed. Drainage shall be collected in an inlet and carried via underground storm drain to the bottom of the slope or a drain inlet connected to an undergmnnd storm drain. The Developer shall ensure that brow channels and ditches emanating from and/or running through City Open Resolution 2003-387 Page 12 Space are not routed through private property. Brow ditches and channels from private property shall not be routed through City open space unless otherwise approved by the City Engineer. (Engineering) 34. Dry weather post-developed conditions shall be the same as pre-developed conditions. (Engineering) 35. Prior to approval of each grading permit for the project, the Developer shall demonstrate that first flush flows will be diverted to detention/infiltration basins or otherwise treated prior to their discharge to existing drainage courses in accordance with the Water Quality Technical Report, and as may be amended from time to time. (Engineering) 36. Prior to the recordation of the first final map for the project, the Developer shall develop a post construction water quality maintenance and monitoring plan acceptable to the City Engineer identifying thresholds for all pollutants, the frequency of monitoring, standards for record keeping, procedures and frequency of maintenance and funding sources to implement the plan. (Engineering) 37. The developer shall design the storm drains and other drainage facilities to include BMP's to minimize non-point source pollution, satisfactory to the City Engineer. a. The Development shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA), as set forth in the National Pollutant Discharge Elimination System (NPDES), permit requirements for urban runoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista, pursuant to the NPDES regulations or requirements. Further, the Developer shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. b. The developer shall comply with all the provisions of the NPDES Permit during and after all phases of the development process, including, but not limited to, mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Developer shall incorporate in the project design water quality and watershed protection principal and post construction Best Management Practices (BMP's) selected for the project, in compliance with the NPDES Permit, to the satisfaction of the City Engineer. c. Prior to final map approval for the project, the Developer shall enter into an agreement with the City where Developer agrees not to protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall GRADING Resolution 2003-387 Page 13 not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvemems and shall not interfere with the right of any person to vote in a secret ballot election. The above noted agreement shall mn with the entire land contained within the project. d. Prior to approval of each final map, Developer shall enter into a maintenance agreement with the City, where Developer agrees to operate, maintain and monitor in perpetuity all private permanent BMP's deemed necessary by the Director of Engineering to provide service to said final map. Prior to final map approval, building permits, or at such time as required by the City Engineer for the project, the Developer shall submit and obtain approval from the City Engineer of a maintenance program for the proposed post-construction BMP's. The maintenance program shall include, but not be limited to: 1) a manual describing the maintenance activities of said facilities, 2) an estimate of the cost of such maintenance schedule and activities, and 3) a funding mechanism for financing the maintenance program. e. Prior to approval of any grading, construction, and building permits for the project, the Developer shall demonstrate to the satisfaction of the City Engineer compliance with all of the applicable provisions of the municipal code, the City of Chula Vista Storm water Management Standards Requirement Manual (including the Regional Water Quality Control Board Municipal Permit 2001-01) and the City of Chula Vista SUSMP. The Developer shall incorporate into the project planning and design effective post-construction B/VIP's and provide all necessary studies and reports demonstrating compliance with the applicable regulations and standards. BMP's shall be identified and implemented that specifically prevent pollution of storm drain systems to the Maximum Extent Practicable (MEP) from certain project feature, land use, areas and activities. f. Indemnify, and hold harmless the City, it selected and appointed officers and employees, from and against all fmes, costs, and expenses arising out of non-compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the project, whether the non-compliance results from any action by the Developer, any agent or employee, subcontractors, or others. The Developer's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. 38. Prior to issuance of any grading permit based on plans proposing the creation of down slopes adjacent to public or private streets, Developer shall obtain the City Engineer's approval of a study to determine the necessity of providing guardrail improvements at those locations. The Developer shall construct and secure any required guardrall improvements in conjunction with the associated grading and/or construction permit as determined by and to the satisfaction of the City Engineer. The guardrall study shall demonstrate adequate area exists for the installation of street trees along Duncan Ranch Road to the Resolution 2003-387 Page 14 satisfaction of the Director of Planning and Building. The guardrail shall be installed per Caltrans Traffic Manual and Roadside Design Guide requirements to the satisfaction of the City Engineer. (Engineering) 39. Prior to the issuance of any grading permit which impacts off-site property, the Developer shall deliver to the City, a notarized letter of permission to grade and drain for all off-site grading. (Engineering) 40. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise subject to approval of the City Engineer and Director of Planning and Building. (Engineering) 41. The Developer shall submit to and obtain approval from the City Engineer and Director of General Services for an erosion and sedimentation control plan as part of grading plans. (Engineering, Department of General Services) 42. Indicate on all affected grading plans that all walls, which are to be maintained by HOA, shall be constructed entirely within open space lots. (Engineering) 43. Prior to issuance of each grading permit, provide a study showing that the proposed quantities of earthwork will balance for each phase. This study shall incorporate the most recent project design information for said phase. (Engineering) 44. Locate lot lines at the top of slopes except as shown on the Tentative Map or as subject to approval of the City Engineer and Director of General Services. Lots shall be so graded as to drain to the street or an approved drainage system. Drainage shall not be permitted to flow over slopes or onto adjacent property. (Engineering, General Services) 45. Provide a setback, as determined by the City Engineer based, on Developer's Soils Engineer recommendations, between the property lines of the proposed lots and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped property or property owned by others. The City Engineer will not approve the creation of any lot that does not meet the required setback. (Engineering) 46. Design and construct the inclination of each cut or fills surface resulting in a slope no steeper than 2:1 (two horizontal to one vertical) except for minor slopes as herein defined. All constructed minor slopes shall be designed for proper stability considering both geological and soil properties. A minor slope may be constructed no steeper than one and one-half horizontal to one vertical (1.5:1) contingent upon: a. Submission of reports by both a soils engineer and a certified engineering geologist containing the results of surface and subsurface exploration and analysis. These results should be sufficient for the soils engineer and engineering geologist to certify that in their professional opinion, the underlying bedrock and soil supporting the slope have SEWER Resolution 2003-387 Page 15 ~rengthcharactefi~icssufficienttoprovide a stable slope andwill not pose a danger topersons ofproperty;and b. The installation of an approved special slope planting program and irrigation system; and c. "Minor Slope" is defined as a slope four (4) feet or less in vertical dimension in either cut or fills, between single-family lots and not parallel to any roadway. (Engineering) 47. The Developer shall construct temporary de-silting basins at all discharge points adjacent to drainage courses or where substantial drainage alteration is proposed in the grading plan. The exact design and location of such facilities shall be based on hydrological modeling and determined pursuant to direction by the City Engineer. (Engineering) 48. The Developer shall obtain approval from all applicable permitting agencies, including but not limited to FEMA, prior to any work within each of the agencies jurisdiction. All mitigation requirements will be the responsibility of the Developer. (Englneer'mg) 49. The Developer will submit a drainage study to the satisfaction of the City Engineer for each grading permit showing that the interim conditions do not adversely impact downstream flows.. (Engineering) 50. Prior to approval of the first fmal map for the project, the Developer shall demonstrate to the City Engineer that there is adequate capacity to handle projected sewage flows for the entire project. (Engineer'mg) 51. Sewer access points shall, unless otherwise approved by the City Engineer: a. Be located at the centerline of streets or cul-de-sacs; and b. Not be located on slopes or in inaccessible areas of maintenance equipment; and c. Not be in the wheel tracks on Class I Collector Streets and above; and d. Meet Regional Standard Drawing M-4 (Locking) if located within intersections of Class I Collectors and above; and e. Have improved all-weather paved 12-foot wide minimum access to withstand a H-20 vehicle load or as otherwise approved by the City Engineer; and f. Be provided at all changes of alignment of grade. (Engineering) Resolution 2003-387 Page 16 52. The Developer shall provide a sewer profile study for all deep sewer lines (15'in depth or greater), which indicates that no other feasible alternative exists. (Engineering) 53. Sewer lines, which am greater than 20 feet in depth, shall use C-900 or C-905 class pipe or as otherwise approved by the City Engineer. (Engineering) 54. The Developer shall construct at its own cost and expense all off-site and on-site sewer facilities as required by the City Engineer to serve the project. (Engineering) WATER 55. The Developer shall secure and agree with the Otay Water District to construct all water facilities (on and off-site) required per the Subarea Water Master Plan to serve the project. (Engineering) 56. The Developer shall provide to the City a letter from Otay Municipal Water District indicating that the assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the parcel(s). (Engineering) 57. Prior to approval of each final map, present verification to the City Engineer in the form of a letter from Otay Water District that the subdivision will be provided adequate water service and long-term water storage facilities. The Developer shall phase and install water system improvements as required by the Otay Water District. (Engineering, Planning and Building) 58. The Developer shall grant all necessary easements required to serve the project and adjacent lands with water. (Otay Water, Engineering, Planning and Building) EASEMENTS 59. Prior to approval of the first final map, enter into a maintenance agreement and grant easements as necessary for landscaping and improvements including water quality facilities maintained by a Homeowners Association within City right-of-way or such other public areas required by the City. (Engineering) 60. The Developer shall indicate on all appropriate final maps a reservation of easements to the future Homeowners Association for private storm drain, if any, within open space lots as directed by the City Engineer. Obtain, prior to approval of each final map, all off-site right-of-way necessary for the installation of the required improvements. The Developer shall also provide easements for all on-site and off-site public drainage facilities, sewers, maintenance roads, and any other public facilities necessary to provide service to the project. (Engineering) 61. The Developer shall grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any final map that proposes private utilities or drainage facilities crossing property lines as directed by the City Engineer. (Engineering) Resolution 2003-387 Page 17 62. Where a private storm drain easement will parallel a public sewer easement, the easements shall be delineated separately on the final map and on the grading and improvement plans. If any portion of the easemems will overlap one another, the City shall have a superior right to the common portion of the easements. Prior to the approval of each final map, the City Engineer may require either the removal or the subordination of any easement, which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way. (Engineering) 63. The Developer shall grant on the final maps minimum 15' wide easements to the City of Chula Vista as required by the City Engineer for construction and maintenance of sewer fac'titles. (Engineering) AGREEMENTS/FINANCIAL 64. Prior to approval of the first final map for the project, the Developer shall either enter into a Third Affordable Housing Agreement or amend an existing affordable housing agreement as directed by the City's Director of Community Development to provide affordable housing units as specified in the adopted Salt Creek Ranch SPA Plan and as modified, or otherwise approved by the Director of Community Development to include an additional requirement for two housing units for low income households or the equivalent thereof based upon five percent of the 43 residential lots created in Neighborhood 7C. (Community Development) 65. The Developer shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report and subsequent environmental review for the project and any or all entitlements and approvals issued by the City in connection with the project. (Planning and Building) 66. Any and all agreements that the Developer is required to enter into hereunder shall be in a form subject to approval of the City Attorney. (City Attorney) 67. The Developer shall enter into a supplemental agreement with the City, prior to approval of each final map, where the Developer agrees to the following: a. Notwithstanding any provisions set forth elsewhere in these conditions, the City may withhold building permits for the subject subdivision if any of the following occur: i. Regional development threshold limits set by the City have been reached or in order to have the project comply with the Growth Management Program as may be amended from time to time. ii. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fall to comply with then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. Resolution 2003-387 Page 18 iii. The required public facilities, as identified in the PFFP, or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The Developer may propose changes in the timing 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 Director of Engineering. b. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. To ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Developer agrees that the City of Chula Vista may grant access to cable companies franchised by the City of Chula Vista to place conduit within the City's easement situated within the project. Developer shall restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all other roles, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. d. That the City may withhold the issuance of building permits for the project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. e. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. (Engineering) 68. The Developer shall enter into an supplemental agreement with the City prior to approval of the first f'mal map for the project, where the Developer agrees to the follow'mg: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. (Engineering) Resolution 2003-387 Page 19 69. Prior to approval of each final map, the Developer shall agree to comract with the City's currem street sweeping franchisee, or other server approved by the City Engineer to provide public street sweeping, if any, for each phase of developmem on a frequency and level of service comparable to that provided for similar areas of the City. The Developer shall cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or 60 days after the completion of all punch list items, whichever is shorter. The Developer further agrees to provide the City Special Operations Manager with a copy of the memo requesting street sweeping service, which memo shall include a map of areas to be swept and the date the sweeping will begin. (Public Works) 70. The Developer shall be required to equitably participate in any future regional impact fee program for regional facilities should the region enact such a fee program to assist in the construction of such facilities. The Developer shall enter into an agreement, prior to approval of the first map, with the City which states that the Developer will not protest the formation of any potemial future regional benefit assessment district formed to finance regional facilities. (Engineering) 71. The Developer agrees that the maintenance and demolition of all interim facilities (public facilities, utilities and .improvements) is the Developer's responsibility, and that construction and demolition bonds will be required to the satisfaction of the City Engineer. (Engineering) 72. Prior to the approval of any final map for the project that contains open space, the Applicant shall enter into an agreement to construct and secure open space landscape improvements within the map area. All landscape improvements shall be secured in amounts as determined by the Director of General Services and approved in form by the City Attorney. (Engineering) PHASING 73. If the Developer proposes to modify the Salt Creek Ranch SPA Plan approved phasing plan, the Developer shall submit to the City a revised phasing plan for review and approval prior to approval of the first final map for the project. Phasing approved with the precise plan may be amended subject to approval by the Director of Planning and Building and the City Engineer. (Planning and Building, Engineering) HOME OWNER ASSOCIATION (HOA) DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS (CC&R's) 74. Prior to the approval of the first final map for the project, the Developer shall: a. Submit evidence, acceptable to the City Engineer and the Director of Planning and Building of the formation of a Homeowner's Association (HOA), or another financial mechanism acceptable to the City Manager. The HOA shall be responsible for the maintenance of those landscaping improvements that are not to be inciuded in the proposed financial mechanism. The City Engineer and the Director of Planning and Building may require that some of those improvements shall be maintained by the Open Space District. The final determination of which improvements are to be included in the Open Space District and those to be maintained by the HOA shall be made during the Open Space District Proceedings. The HOA shall be structured to allow annexation of future tentative Resolution 2003-387 Page 20 map areas in the event the City Engineer and Director of Planning and Building require such annexation of future tentative map areas. The HOA formation documents shall be subject to the approval of the City Attorney; and b. The Developer shall submit for City's approval the CC&R's, grant of easements and maintenance standards and responsibility of the HOA's for the Open Space Areas within the project area. Developer shall acknowledge that the HOA's maintenance of public open space, trails, etc. may expose the City to liability. Developer agrees to establish a HOA that will hold the City harmless from any actions of the HOA in the maintenance of such areas; and, c. Submit and obtain approval of the City Engineer and the Director of Planning and Building of a list of all HOA facilities and other items to be maintained by the proposed district. Separate lists shall be submitted for the improvements and facilities to be maintained by the Open Space District and those to be maintained by a Homeowner's Association and shall include a description, quantity and cost per year for the perpetual maintenance of said improvements. These lists shall include but are not limited to all facilities located on open space lots including: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures and landscaping. Each open space lot shall also be identified by the number of acres of: 1) turf, 2) irrigated, and 3) non-irrigated open space to aid in the estimation of a maintenance budget thereof. (Engineering, Planning and Building) 75. Prior to the approval of each final map, Declaration or Supplementary Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to the approval of the City Engineer. The CC&R's shall include the following obligations of the Homeowners Association: a. A requirement that the HOA shall maintain comprehensive general liability insurance against liability incident to ownership or use of the following areas: i. All open space lots that shall remain private, ii. Other Association maintained property. b. Before any revisions to provisions of the CC&R's that may particularly affect the City can become effective, said revisions shall be subject to approval of the City. The HOA shall not seek approval from the City of said revisions without the prior consent of 100 percent of the holders of first mortgages or property owners within the HOA. c. The HOA shall indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the HOA. d. The HOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of the City and 100 percent of the holders of first mortgages or property owners within the HOA. Resolution 2003-387 Page 21 e. The HOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City, name the City as additionally insured to the satisfaction of the City Attorney, and shall not contain a cross party exclusion clause. f. The CC&R's shall incorporate restrictions for each lot adjoining open space lots containing walls maintained by the open space district to ensure that the property owners know that the walls may not be modified or supplemented nor may they encroach on City property. g. The CC&R's shall include provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. h. The CC&R's shall include provisions assuring HOA membership in an advance notice service such as the USA Dig Alert Service in perpetuity. i. The CC&R's shall include provisions that provide the City with 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 CC&R's shall contain provisions assuring the. implementation, maintenance and monitoring of post construction BMP'S; (Engineering, Planning and Building) 76. Future property owners shall be notified during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of the HOA and their estimated annual cost. Developer shall submit the document and obtain the approval of the City Engineer and Director of Planning and Building prior to close of escrow. (Engineering, Planning and Building) 77. Developer agrees that the HOA will be responsible for the maintenance of all brow ditches within Open Space Lot "A". PARKS AND LANDSCAPING 78. In addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each 1,500 square feet of slope area, one i-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and approved by the Director of Planning and Building prior to approval of the corresponding final map. (Planning and Building) 79. The Developer shall enter into an agreement to install and shall install all street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. All street trees shall be selected from the list set forth in the Project's Landscape Master Plan and Resolution 2003-387 Page 22 shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. The Developer will maintain street tree identification stakes in location as shown on approved preliminary plans until all dry utilities are in place. The Developer shall provide root control methods per the requirements of the Director of Planning and Building, and provide a deep watering irrigation system for the trees. a. Complete preliminary street improvement plans that show the location of all future street trees, which will be subject to the review and approval of the Director of General Services and the Director of Planning & Building. b. Place wood stakes on site prior to utility installation according to approved preliminary street tree plans and shall be painted a bright color and labeled as future street tree location. c. Provide the City documentation, acceptable by the Director of General Services and the Director of Planning and Building, that all utility companies have been given notice that no dry utility line shall be located within five feet of the wood stake in any direction. d. Maintain street tree identification stakes in location as shown on approved preliminary plans until all dry utilities are in place. Su'Otait final street tree improvement plans, including mailbox locations, for review and subject to the approval of the Director of Planning and Building and the City Engineer prior to or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the selection of street trees for the street parkways. (Engineering, Planning, Department of General Services) 80. Prior to approval of each final map, provide proof to the satisfaction of the City Engineer and Director of General Services that all improvements located on open space lots will be incorporated into and maintained by a Home Owner's Association. (Engineering, Department of General Services) 81. Prior to approval of each final map, agree to have future property owners of lots adjacent to open space lots sign a statement at the time of property purchase, indicating that they are aware and acknowledge that the perimeter walls within open space lots are the property of the HOA, and that they may not modify or supplement the wall, or encroach onto open space property. These restrictions shall also be reflected in the CC&R's that are recorded against each property. (Engineering, Department of General Services) 82. Applicant shall keep any necessary retaining walls to a minimum and/or if a grading solution can be found, retaining walls will not be used to gain additional space for the street corridor unless approved as shown on the tentative map. The retaining walls are to be located and detailed on all applicable grading plans for the project, and subject to the approval of the Directors of Planning and Building, Public Works and General Services. Slopes gradients may be increased to the maximum permitted in the grading ordinance in limited locations to accommodate constraints such as maintenance access ways. Landform grading policies shall be observed and followed. If a combination of low retaining walls and modified landform grading cannot accommodate any constraints or maintenance access areas, the top of slope shall be adjusted, as City deems necessary. (Department of General Services) Resolution 2003-387 Page 23 83. Prior to approval of the first final map for the project, in leiu of the preparation of a landscape master plan, the applicant shall prepare, submit and obtain the approval of the Directors of Planning and Building and General Services of an initial set of landscape and irrigation construction document plans at a minimumof 50% completion level, indicating all proposed plant materials and their locations as well as irrigation point of connection information (meters, backflows, controllers, mainline routing, etc). All proposed planting and irrigation shall be consistent with the Salt Creek Ranch SPA, as amended, existing surrounding Rolling Hills Ranch neighborhoods as well as the City of Chula Vista Landscape Manual and standards to the satisfaction of the Directors of Planning and Building and General Services. The final landscape and irrigation plans shall be submitted pursuant to the Subdivision Manual. (Depa~hnent of General Services) 84. Prior to the issuance of each grading permit for the project, the Applicant shall prepare, obtain the approval of and secure to the satisfaction of the Director of Planning & Building all landscape and irrigation slope erosion control plans. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and Grading Ordinance, as may be amended from time to time. Applicant shall install landscape and irrigation slope erosion control in accordance with approved plans no later than six months from the date of issuance of the grading permit. If the work cannot be completed within the specified time, the Applicant may request an extension, which may be granted at the discretion of the Director of Planning & Building. Such a request shall be submitted for approval in writing to the Planning & Building Department sufficiently in advance of the end of the six-month timeframe to allow processing of the extension. Notwithstanding the time of installation of landscape and irrigation slope erosion control, Applicant shall remain in compliance with NPDES. (Planning, Department of General Services) EMERGENCY SERVICES 85. The Developer shall comply with the Fire Department's codes and policies for Fire Prevention, as may be amended from time to time. Prior to the issuance of any building permit(s) for the project, the Developer shall provide the following items prior to delivery of combustible materials on any construction site on the project: a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Depa~hnent. Any temporary water supply source is subject to prior approval by the Fire Marshal. b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 20 feet or acceptable alternative subject to approval of the Fire Marshall and in compliance with the U.F.C. c. Street signs installed to the satisfaction of the Department of Public Works. Temporary street signs shall be subject to the approval of the Depa, tment of Public Works and Fire Depadment. Locations and identification of temporary street signs shall be subject to review and approval by the Department of Public Works and Fire Department. (Fire, Planning, Engineering) Resolution 2003-387 Page 24 86. The Developer shall obtain the approval of the City's Fire Marshal for the timing of construction of all internal streets in the project. (Fire, Planning, Engineering) 87. In addition to those fire hydrants depicted on the tentative map, the Developer shall install additional fire hydrants upon request and to the satisfaction of the Fire Department. (Fire, Planning, Engineering) CODE REQUIREMENTS 88. The Developer shall comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the final map for the project and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. Underground all utilities within the subdivision in accordance with Municipal Code requirements. (Engineering) 89. The Developer shall pay the following fees in accordance with the City Code and Council Policy: a. Signal Participation Fees. b. The Transportation and Public Facilities Development Impact Fees including the Recreation Development Impact Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim State Route 125 impact fee. e. Salt Creek Sewer Basin DIF. Pay the amount of the above fees in effect at the time of issuance of building permits. f. Pumped Sewer DIF (If the Salt Creek Sewer Main Interceptor up to the Olympic Parkway Pump Station is not accepted by the City prior to the project's first final map). (Engineering) 90. The Developer shall comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The Developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. (Engineering) 91. The Developer shall ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit the disclosure form for approval by the City Engineer prior to final map approval. (Engineering) 92. The Developer shall comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces, if any. (Engineering) MISCELLANEOUS Resolution 2003-387 Page 25 93. Within thirty (30) days of the City Council approval of these map conditions, or prior to the submittal of the first final map for the project, whichever occurs first, the Developer shall submit a digital drawing file of the tentative map in its approved form. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file shall combine all map sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) format and shall contain the following individual layers: Subdivision Boundary (closed polygons) Lot Lines (closed polygons) Street Centeflines (polylines) Easements (polylines) Street Names (annotation) Lot Numbers (annotation) NPDES facilities (annotation) The digital drawing file shall be submitted in accordance with the City Guidelines for Digital Submittal on 3 V2" disks or CD, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. (Engineering) 94. Prior to final map approval, the Developer shall submit copies of all tentative maps, fmal maps, grading and improvement plans in a digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file of the maps shall combine all map sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) format and shall contain the following individual layers: Subdivision Boundary (dosed polygons) Lot Lines (closed polygons) Street Centerlines (polylines) Easements (polylines) Street Names (annotation) Lot Numbers (annotation) NPDES facilities (annotation) The final map, grading plan, improvement plan, and maintenance responsibility map digital files shall also conform to the City of Chula Vista Subdivision Manual requirements therefore. The digital drawing files shall be submitted in accordance with the City Guidelines for Digital Submittal on 3 V2" disks or CD, as an e-mall attachment to the City Engineer or as otherwise approved by the City Engineer. (Engineering) 95. Tie the boundary of the subdivision to the California System-Zone VI (1983). (Engineering) 96. Prior to approval of the first final map for the project, the Developer shall provide evidence, satisfactory to the Director of Planning & Building that all school district requirements have been satisfied. (Planning & Building). 97. The Developer shall comply with all provisions of the project's Air Quality Improvement Plan (AQIP). The Developer hereby agrees to implement all. AQIP measures as approved by the City Council, and to comply and remain in compliance with the AQIP. (Planning and Building) Resolution 2003-387 Page 26 98. The Developer acknowledges that the City Council may from time to time modify air quality improvement and energy conservation measures related to new development as various technologies and/or programs change or become available. The Developer shall be required to modify the Air Quality Improvement Plan (AQIP) to incorporate those new measures, which are in effect at the time, prior to or concurrent with each final map approval within the project. The new measures shall apply, as applicable, to development within all future final map areas, but shall not be retroactive to those areas, which received final map approval prior to effect of the subject new measures. (Planning and Building) 99. The Developer shall comply with all provisions of the Project's Water Conservation Plan (WCP). The Developer hereby agrees to implement all. WCP measures as approved by the City Council, and to comply and remain in compliance with the WCP. (Planning and Building) 100. The Developer acknowledges that the City Council may from time to time modify water conservation measures related to new development as various technologies and/or programs change or become available. The Developer shall be required to modify the Water Conservation Plan (WCP) to incorporate those new measures, which are in effect at the time, prior to or concurrent with each final map approval within the project. The new measures shall apply to development within all future final map areas, but shall not be retroactive to those areas, which received final map approval prior to effect of the subject new measures. (Planning and Building) 101. Prior to approval of the first final map for the project, submit to the Planning and Building Department 20 copies of the adopted Salt Creek Ranch General Development Plan, SPA, Planned Community District Regulations and Public Facilities Financing Plan, all as amended, in plastic binders. Specific document format, table of contents, binder size and titles shall be as determined by City staff. (Planning & Building) XIII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they am, by their terms, to be implemented and maintained over time, if any of such conditions fall 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 tights are gained by Developer or a successor in interest by the City's approval of this resolution. XIV. 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, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Resolution 2003-387 Page 27 Approved as to form by: ~anning & Building Director Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 26th day of August, 2003, by the following vote: AYES: Councilmembers: Davis, McCann, Rindone, Salas and Padilla NAYS: Councilmembers: None ABSENT: ATTEST: Councilmembers: None igelow, CMC, Cit~ Clerk 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. 2003-387 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 26th day of August, 2003. Executed this 26th day of August, 2003. Susan Bigelow, CMC, City C}6rk EXHIBIT PROCTOR VALLEY ROLLING HILLS RANCH PROJECT LOCATION (NEIGHBORHOOD 7) LOCATOR EXHIBIT Z