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HomeMy WebLinkAboutReso 2004-418 RESOLUTION NO. 2004-418 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR 86.9 ACRES OF THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN-CHULA VISTA TRACT 05-02 WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution 2004-417 and described on Chula Vista Tract 05-02, and is commonly known as Otay Ranch Freeway Commercial Tentative Map, ("Property"); and WHEREAS, a duly verified application for the subdivision of the Property in the form of a tentative subdivision map known as "Otay Ranch Freeway Commercial Tentative Map, Chula Vista Tract 05-02", ("Project"), was filed with the City of Chula Vista Planning and Building Department on July 29,2004 by General Growth Properties, ("Applicant"); and WHEREAS, the application requests the approval for the subdivision of approximately 86.9 acres of land located west of Eastlake Parkway and south of Olympic Parkway and north of Birch Road within Otay Ranch Freeway Commercial SPA into seven lots; and WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact Report No. 90-01, SCH #9010154 ("Program FEIR 90-01 "); and WHEREAS, the City's Environmental Review Coordinator has reviewed the Project for compliance with the California Environmental Quality Act and has determined that the project was covered in previously adopted FEIR 02-04 and addendum. The Environmental Review Coordinator determined that no conditions described in Section 15162 and 15163 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; and WHEREAS, the Planning Commission set the time and place for a hearing on said "Otay Ranch Freeway Commercial Tentative Map, Chula Vista Tract 05-02", (PCS-05-02) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on November 10, 2004, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended approval of the Project and said hearing was thereafter closed; and WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on proposed "Otay Ranch Freeway Commercial Tentative Map, Chula Vista Tract 05-02", (PCS-05-02). Resolution 2004-418 Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on November 10, 2004, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, and all documents identified in Public Resources Code Section 21167.8, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in Second-Tier Final EIR 02-04 and addendum would have no new effects that were not examined in the said Final EIR (Guideline 15168 (c)(2)). III. ACTION The City Council hereby approves the resolution approving the Otay Ranch Freeway Commercial Tentative Map, Chula Vista Tract 05-02, (PCS-05-02) involving 86.9 acres of land known as Otay Ranch Freeway Commercial Tentative Map in this resolution, finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Freeway Commercial SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support its approval and implementation. IV. TENTATIVE SUBDIVISION MAP FINDINGS Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Freeway Commercial Otay Ranch Tentative Map, Chula Vista Tract 05-02, (PCS-05-02) as conditioned, attached as Exhibit "B" to this resolution, herein for Applicant, is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Freeway Commercial Sectional Planning Area (SPA) Plan, based on the following: I. Land Use The Project is in a planned area that provides regional commercial uses authorized by the Freeway Commercial Sectional Planning Area (SPA) Plan. 2. Circulation All of the on-site and off-site public and private improvements required to serve the subdivision are part of the project description or are conditioned consistent with the Otay Ranch General Development Plan, and the Freeway Commercial SPA Plan. The Applicant shall construct those facilities in accordance with City and the Freeway Commercial SPA Plan standards. 3. Housing Resolution 2004-418 Page 3 The project is entirely commercial as planned in the Otay Ranch GDP and Freeway Commercial SPA Plan and therefore has no housing component. 4. Parks, Recreation and Open Space The project is entirely commercial as planned in the Otay Ranch GDP and Freeway Commercial SPA Plan and therefore has no park requirement. 5. Conservation The Program EIR and FEIR addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals and policies. The Otay Ranch Phase Two Resource Management Plan requires conveyance of 1.18 acres of land to the Otay Ranch Preserve for every 1-acre of developed land prior to approval of any Final Map. 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity of the Project according to the Otay Ranch Planning Area 12 - Freeway Commercial SPA Geotechnical Reconnaissance Report. 7. Public Safety All public and private facilities are expected to be reachable within the threshold response times for fire and police services. 8. Public Facilities The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major projects in the eastern territories. 9. Noise The Project is not a sensitive receptor, however, all buildings are required to meet the standards of the Uniform Building Code with regard to acceptable interior noise levels. 10. Scenic Highway The roadway design provides wide landscaped buffers along Olympic Parkway, the only General Plan, Otay Ranch GDP scenic highway adjacent to the Project. II. Bicycle Routes The Project is required to provide on-site bicycle routes on Olympic Parkway, EastLake Parkway and Birch Road as indicated in the regional circulation system of the General Plan and the Otay Ranch GDP. Resolution 2004-418 Page 4 12. Public Buildings Public buildings are not proposed or required on the Project site. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. V. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "B", attached hereto. The conditions set forth in Exhibit B supercede all previous tentative map conditions for the Property. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. VII. INVALIDITY It is the intention of the City Council that its adoption of this resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, the City Council shall retain its sole discretion to determine how to correct any deficiencies identified by the court, which may involve the revision of terms, provisions or conditions not otherwise affected by the Court order. Presented by Approved as to form by CA. ì\lv,,~ Ann Moore City Attorney Resolution 2004-418 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of December, 2004, by the following vote: AYES: Councilmembers: Castaneda, Davis, McCann, Rindone and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: ~..Li /. J --;3~ ð ~ Susan Bigelow, MMC, City lerk 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. 2004-418 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of December, 2004. Executed this 14th day of December, 2004. -:::- --,. J ~ tu... ~~ ð ~ Susan Bigelow, MMC, City Cler EXHIBIT B GENERAL! PRELIMINARY 1. The following conditions of approval are based upon the proj ect having one Final Map for the entire subdivision, which shall be referenced hereinafter as "Final Map". Unless otherwise specmed, all conditions and code requirements listed below shall be fully completed to the City's reasonable satisfaction prior to approval of the Final Map. (Engineering) 2. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the term "Developer" shall also mean "Applicant". "Owners" refers to the property owners whose land is contained in the Freeway Commercial SPA Plan. "Project" shall mean the amendment to the Planning Area 12-Freeway Commercial Sectional Plamùng Area (SPA) Plan. The conditions of approval applicable to the Applicant contained herein supersede previous SPA plan conditions approved by the City Council on April 1, 2003. (Engineering. Planning & Building) 3. Applicant shall comply, remain in compliance, and implement the terms, conditions and . provisions, as are applicable to the Property of: 1) Otay Ranch General Development Plan (GDP); 2) Freeway Commercial Sectional Planning Area (SPA) Plan (as amended); 3) Final Environmental Impact Report (EIR) for the Freeway Commercial (EIR 02-04 and addendum to EIR 02-04; 4) Freeway Commercial Public Facilities Financing Plan approved by the City Council on November 9, 2004 and the Freeway Commercial Planned Community District Regulation and Land Use Map approved by City Council Ordinance No. 2977 on September 21,2004. The Applicant shall enter into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require to comply with the above regulatory documents. Said Agreement shall also ensure that, after approval of the Final Map, the Applicant will continue to comply, remain in compliance, and implement such Plans. (Planning & Building) 4. Applicant shall submit and obtain the approval of the City of a Final Map containing the entire Project's area showing lots corresponding to the lots on the Tentative Map. Said Final Map shall also show open space lot dedications, the backbone street dedicatioDS and utility easements required to serve the lots created by this Final Map. All lots created by this Final Map shall have access or be provided an access easement to a dedicated public street. A lot line adjustment, if utilized in accordance with City standards and procedures, shall not be considered the Final Map. (Engineering) 5. In the event of a filing of a Final Map which requires oversizing of the improvements necessary to serve other properties, said Final Map shall be required to include the installation of all necessary improvements to serve the project, plus the necessary improvements for oversizing of facilities required to serve such other properties. At the request of Applicant, City shall consider formation of a reimbursement district or any other reimbursement mechanism in accordance with the restrictions of State Law and City ordinances. (Engineering) 6. If Applicant desires to do certain work on the property after approval of the Tentative Map, but prior to recordation of the applicable Final Map, he may do so by obtaining the required approvals and permits nom the City. The permits can be approved or denied by the City in accordance with the City's Municipal Code, regulations and policies. Said permits do not constiMe a guarantee that subsequent submittals (i.e., grading or improvement plans) will be approved. All work performed by the Applicant prior to approval of the applicable Final Map shall be at Applicant's own risk. Prior to issuance of a grading and/or construction permit, the Applicant shall acknowledge in writing that subsequent submittals (i.e., grading or improvement plans) may require extensive changes, at Applicants cost, to work done under such early permit. Prior to the issuance of a permit, the Applicant shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable Final Map does not record. (Engineering) 7. If any of the terms, covenants or conditions contained herein shall fail to occur, or if they are, by their terms, to be implemented and maintained over time, and 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 administrative approvals to which the tenn, covenant, or condition applies, including issuance of building permits; deny, or further condition the subsequent approvals that are derived from the approvals herein granted; instiMe and prosecute litigation to compel compliance with said conditions and/or seek damages for their violation. The Developer shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given an opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. (Engineering. Planning & Building) 8. Applicant shall indemnifY, protect, defend and hold the City harmless nom and against any and all claims, liabilities and costs, including reasonable attorney's fees, arising from challenges to to environmental review for the "Project." Applicant and Owners shall indemnify, protect, defend and hold the City harmless nom and against any and all claims, liabilities and costs, including reasonable attorney's fees, arising from challenges to entitlements and approvals issued by the City in connection with the Project. (Engineering, Errvironmental, Planning & Building) 9. Any and all agreements that the Applicant is required to enter into hereunder shall be in a form approved by the City Attorney. (City Attorney) 10. The subsequent development of a parcel which does not require the filing of a subsequent Final Map shall meet, prior to issuance of a building pennit for that parcel, all the applicable conditions of approval of the Tentative Map Conditions, as determined by the City Engineer and Director of Planning and Building. (Planning and Building, Engineering) 11. Unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required, the Applicant shall be required to provide subordination of any prior lien holders in order to ensure that the City has a first priority interest in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. 12. The applicant shall comply with all applicable Freeway Commercial SPA conditions of approval, (pCM 04-15) as may be amended from time to time. (Planning and Building) l3. The applicant shall comply with the terms of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"). (Planning and Building) 14. Prior to approval of the Final Map, Applicant shall submit and obtain approval of a revised Otay Ranch Planning Area 12/Freeway Co=ercial (C.V.T. 05-02) Maintenance Responsibility Map for the Project from the Director of Plaoning and Building and the City Engineer, which shall include delineation of private and public property. A digital copy of the Maintenance Responsibility Map shall be submitted to the City prior to approval of said Final Map to the satisfaction of the City Engineer. (Planning and Building, Engineering) l5. Prior to approval of the applicable site plan by the Design Review Co~ttee, Applicant shall demonstrate to the satisfaction of the City Engineer and Director of Planning and Building that the proposed site plan design incorporates the following features: 1. All right in/out locations provide for straight through circulation without the blocking of . any parking spaces; and 2. Ensure that internal circulation will limit vehicular egress at the right wright out access proposed along EastLake Parkway to the satisfaction of the City Engineer. ENVIRONMENT ALlPRESERV AnON 16. The Applicant shall comply with all applicable requirements of the California State Water Resources Quality Control Board. (Planning and Building) 17. Implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Environmental Impact Report (ErR) for the Freeway Commercial (ErR 02-04) 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 Plamùng and Building. (Planning & Building) 18. Applicant shall comply with all applicable requirements of the California Department of Fish and Game, the California State Water Resources Quality Control Board, the U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers. Prior to any activity that may potentially impact biological resources, such as clearing and grubbing, the Applicant shall comply with all applicable requirements prescribed in the Otay Ranch GDPlFreeway Co=erdal Environmental Impact Report ErR 02-04 (SCH #l989010154), and Mitigation Monitoring and Reporting Program. If any permits ate required to be obtained by Applicant, Applicant shall obtain said permits with applicable agencies in consultation with the City. Applicant shall obtain said permits with applicable agencies in consultation with the City. 19. The Applicant shall comply with the take permit/authorization from the U.S. Fish and Wildlife Service and California Department of Fish and Game, and comply with the approved City of Chula Vista MSCP Subarea Plan. (Planning and Building) 20. Applicant shall comply with all requirements and policies of the Otay Ranch Resource Management Plan (RMP) as approved by City Council on October 28, 1993, and Otay Ranch, Phase 2 Resource Management Plan (RMP2) as approved by City Council on June 4, 1996, and as may be amended from time to time by the City. (Planning and Building) 21. The applicant shall comply with the requirements and policies of the Otay Ranch Resource Management Plan "Preserve Conveyance Schedule" as approved by City Council on June 4, 1996, as may be amended from time to time. (Planning and Building) 22. Simultaneously with conveyance of land to the Preserve Owner/Manager cPOM) in fee title or by easement, the Applicant shall cease all cattle grazing on the land to be conveyed. In addition, the Applicant shall ensure through the maintenance of existing fencing or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City, that cattle from adjacent areas cannot access the land being conveyed. (Planning and Building) 23. Prior to the approval of the Final Map for the Project, the Applicant must demonstrate to the satisfaction of the City Engineer and the Director of Planning and Building that the entire Project has been annexed into C.P.D. 97-02 for the maintenance, maIJagcment, and monitoring of the Otay Ranch Preserve per the requirements of the Otay Ranch Resource Management Plan (RMP), Phase 2. (Engineering, Planning and Building) 24. The Applicant and Owners shall convey fee title, or upon the consent of the Preserve Owner/Manager (pOM) and any lien holder, an easement restricting use of the land to those permitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon the recordation of each Final Map for an amount of land equal to the Final Map's obligation to convey land to the Preserve. Where an easement is conveyed, the Applicant and Owners shall be required to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Applicant and Owners shall convey fee title. Where fee title or an easement is conveyed, access to the satisfaction of the POM shall also be conveyed. Where an easement is granted, each Tentative Map is subject to a condition that fee title shall be granted upon demand by the POM. The Applicant and Owners shall irrevocably offer for dedication to the City or its designee, fee title, upon the recordation of each Final Map for an amount of land equal to the Final Map's obligation to convey land to the Preserve. The Applicant and Owners shall maintain and manage the offered conveyance parcel consistent with the Phase 1 and 2 RMP guidelines until such time when the POM has accepted the conveyance parcel. (planning and Building) SUBDMSION DESIGN 25. Prior to the issuance of any rough grading permit proposing to grade individual lots and/or public streets for the Project, Applicant shall submit a study showing that all curb returns for any intersection proposed to have centerline grades in excess of four percent, located within the permit boundaries comply with ADA standards at the front and back of sidewalks to the satisfaction of the City Engineer. (Engineering) 26. Install all street trees on public streets in accordance with Section 18.28.010 of the Chula Vista Municipal Code, the City's Landscape Manual and approved cross-sections in the Otay Ranch Planning Area l2JFreeway Commercial SPA Plan; or as otherwise approved by the Director of General Services and Director of Public Works Operations. Applicant agrees to provide any and all special tree installation conditions as requested by the Director of General Services. S'treet trees shall be shown on street landscape and irrigation plans submitted for approval by the Director of General Services and the Director of Public Works Operations 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 species selection of street trees. Location of trees and planters shall be contingent upon the location of street signs. Under no circumstance shall a tree or shrub block the visibility of any street sign, regulatory, warning or guide traffic signs. (Public Worb, General Services) 27. Any proposed monument signage shall be consistent with the Freeway Co=ercial SPA and Freeway Commercial Design Plan, as amended, and shall be reviewed and subject to the approval of the Director of Planning and Building prior to approval of the appropriate Final Map. (planning and Building) STREETS. RIGHTS-OF-WAY & PUBLIC IMPROVEMENTS 28. Provide security in accordance with chapter 18.16 of the Municipal Code, and construct full improvements for all public improvements 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 subdivision, in accordance with Chula Vista Design Standards, Chula Vista Streets Standards, Chula Vista Subdivision Manual, and approved Tentative Map, unless otherwise approved by the City Engineer. Said public improvements shall include, but are not limited to, asphalt concrete pavement, base, curb, gutter and sidewalk, sewer, drainage facilities, water quality BMPs, street lights, traffic signals, signs, striping, fIre hydrants and transitions to existing improvements in the manner required by the City Engineer. If improvement plans have been approved by the City, the amount of the security for the above noted improvements shall be 110% of the construction cost estimate approved by the City Engineer. If improvement plans are being processed., 150% of approved cost estimate. Or, if improvement pLans are not being processed by the City, 200% of construction cost estimate approved by the City Engineer. A lesser percentage may be required if it is demonstrated, to the satisfaction of the City Engineer, that sufficient data or other information is available to warrant such reduction. (Engineering) 29. If Applicant proposes multiple building permits, Applicant shall submit and obtain approval of a development phasing plan from the City Engineer and Director of Planning and Building prior to issuance of ariy building permit. The phasing plan shall include: a. A site plan showing the lot lines and lot numbers, the phase lines and phase numbers, and proposed building square footage in each phase; and b. A table showing the phase number, the lots included in the phase and the proposed building square footage included in each phase. Improvements, facilities and dedications to be provided with each phase shall be determined by the City Engineer and Director of Planning and Building. The City reserves the right to require improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the circulation requirements of Police and Fire Departments. The City Engineer and Director of Planning and Building may, at their discretion, modifY the sequence of improvements and construction should conditions change to warrant such revisions(s). (Engineering, Planning and Building) 30. Applicant shall enter into an agreement with the City to accomplish the following: a. Construct and secure all the street improvements identified in Table A below; b. Complete to the satisfaction of the City Engineer said street improvements or that portion thereof serving any building or structure ready for occupancy prior to issuance of any certiiicates of clearance for utility connection for said building or structure. (Engineering) Table A Publíc Streets Re aired to be Constructed b Freewa Commercial Description Exclusive right turn lanes into the Project along EastLake Parkw Town Center Drive from Olympic Parkway to FC-2 ro e line Birch Road from SR-t25 to EastLake Parkway 31. Design all public street vertical and horizontal curves and intersection sight distances to conform to the CalTrans' Highway Design Manual and City Standards. All streets, which intersect other streets at or near a horizontal or vertical curve, shall meet intersection design sight distance requirements in accordance with City Standards. When a conflict between the CalTrans Highway Design Manual and adopted City standards exists, the adopted City standards shall prevail. Lighted sag vertical curves may be permitted at intersections per AASHTO standards and with approval of the City Engineer. The streets subject to this condition are: a) Public Streets i. EastLake Parkway ii. Birch Road iii. Town Center Drive b) Private Streets i. Internal ring road ii. Street "A" iii. Street "B" (from EastLake Parkway to ring road) iv. Street "c" (Engineering) 32. Construct sidewalks and pedestrian ramps on all walkways to comply with the "Americans with Disabilities Act" (ADA) standards, as approved by the City Engineer. In the event the Federal Government adopts new ADA standards for street rights-of-way which are in coDflict with the standards and approvals for the Project, all such approvals conflicting with those new standards shall be updated to reflect the new standards. Unless otherwise required by fedcrallaw, City ADA standards may be considered vested, as determined by federal regulations, once construction has commenced. (Engineering) 33. Grant sight visibility easements to the City of Chula Vista as required by the City Engineer at public streets or public rights-of-way, to keep sight visibility areas clear of any obstructions. Sight visibility easements shall be shown on grading plans, improvement plans, and Final Maps to the satisfaction of the City Engineer. Sight visibility easements sliall be granted as necessary to comply with the requirements in the CalTrans Highway Design Manual and City of Chula Vista standards. (Engineering) 34. Construct, and/or provide security for traffic signal interconnect conduit and all appropriate wiring as depicted on the approved improvement plans for all proposed signalized intersections to the satisfaction of the City Engineer. (Engineering) 35. Applicant shall install all conduits and interconnect improvements for the future traffic and! or pedestrian signals associated with the proposed BRT line and stations as depicted on the approved improvement plans in conjunction with the construction of the related street improvements to the satisfaction of the City Engineer. (EngiTIiiering) 36. Prior to the Design Review Committee approval for the project, Applicant shall submit and obtain the approval of the City Engineer and Director of Planning and Building of a desi&n for that portion of Street "B" located westerly of the intemalloop road which shall identify 1) all those onsite and offsite improvements and/or facilities that need to be constructed by Applicant for providing adequate vehicular and pedestrian circulation and 2) a conceptual design and location of neck-downs and/or other traffic calming features, as described in the Freeway Commercial SPA Plan, as amended. (Engineering, Director of Planning and Building) 37. Agree to install permanent public street name signs prior to the issuance of the first building pennit for the Project (Engineering) 38. 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, as shown on the Tentative Map. (Engineering) 39. 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 Applicant shall: a. Pay the full cost of acquiring off-site right-of-way or easements required by the Conditions of Approval of the Tentative Map. b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. Said estimate is subject to the approval of the City Engineer. . c. Have all right-of-way and/or easement documents and plats prepared and appraisals complete, as necessary to commence condemnation proceeding, and as determined by the City Engineer. d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements, or licenses needed for off-site improvements, or work related to the Final Map. The Applicant shall pay all costs, both direct and indirect, incurred in said acquisition. Items a, b, and c above shall be accomplished prior to the approval of the applicable Final Map. (Engineering) 40. Applicant shall enter into an agreement to construct and secure all those improvements deemed necessary by the City Engineer to provide a fully actuated traffic signal including interconnected wiring at the following intersections: I. Olympic Parkway and Town Center Drive, 11. Birch Road, and Streets "A" and "c" iii. EastLake Parkway and Street "B" iv. Birch Road and EastLake Parkway The Applicant shall fully design the aforementioned traffic signals in conjunction with the improvement plans for the related streets. (Engineering) 41. Street cross sections shall conform to the cross sections shown on the Tentative Map, unless otherwise conditioned or approved herein. All other design criteria shall comply with the current Chula Vista Design Standards, ChuIa Vista Street Design Standards, and the ChuIa Vista Subdivision Manual unless otherwise conditioned or approved herein. (Engineering) 42. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher classification streets simultaneously with the associated improvement plans. (Engineering) 43. Prior to approval of the Final Map, or issuance of a construction permit for the construction of Birch Road, Applicant shall provide evidence satisfactory to the City Engineer demonstrating that the proposed design of Birch Road meets all the Caltrans "access control" requirements. (Engineering) 44. Applicant shall comply with all the Applicant requirements of the Updated InternalCircuIation Study for the Proposed Otay Town Center, dated August 13, 2004 and prepared by Darnell and Associates, and any revisions thereto approved by the City Engineer. (Engineering) 45. Provide graded vehicle access to all public storm drain clean-outs and/or detention facilities, 01 implement other access solutions approved by the City Engineer. Public storm drain clean-outs shall not be located on landscaped slopes or inaccessible areas for maintenance equipment. (Engineering) 46. Drainage shall be collected in an inlet and carried to the bottom of any slope in an underground storm drain, if the slope is over 10 feet in height and steeper than 4:1. (Engineering) 47. Prior to approval of each grading plan, demonstrate the adequacy of existing downstream drainage facilities or include, in the grading plans, the construction of additional temporary detention facilities, to ensure that the discharges after development are conveyed by existing downstream drainage facilities to the satisfaction of the City Engineer. Applicant shal1 enter into an agreement with the City, where Applicant agrees to provide for the maintenance of said facilities until such time as they are replaced by permanent facilities approved by the City. (Engineering) 48. Construct a protective fencing system around all proposed detention and/or desilting facilities and the inlets and outlets of storm drain structures and water quality BMPs within the project, as determined by the City Engineer. The final fencing design and types of construction materials shall be subject to approval by the City Engineer and Director of General Services. (Engineering, General Services) 49. Submit to and obtain approval from the City Engineer and Director of General Services of an erosion and sedimentation control plan as part of grading plans per City standards. . (Engineering, General Services) 50. Locate lot lines at the top of slopes except as shown on the Tentative Map or as approved by the City Engineer and Director ofPlamùng and Building. Lots shall be so graded as to drain to the street or an approved drainage system. Drainage shall not be permitted to flow over slopes or onto adjacent property except as shown on the Tentative Map or as approved by the City Engineer and Director of Planning and Building. (Engineering, Planning and Building) 51. Design and construct all grading and pad elevations to be within 3 feet of the grades and elevations shown on the approved Tentative Map or as otherwise approved by the City Engineer and Director of Planning and Building. (Engineering, Planning and Building) 52. Obtain and submit to City staff notarized letters of permission for all off-site grading work prior to issuance of grading permit for work requiring said off-site grading. (Engineering) 53. Design and construct all public storm drains as close to perpendicular to the slope contours as feasible, but in no case greater than 15 degrees from perpendicular to the contours. (Engineering) 54. Provide a minimum of three (3) feet of flat ground access from the face of any wall to the beginning of the slope rounding for wall maintenance, unless otherwise approved for slopes by the City Engineer and the Director of Planning and Building. (Engineering, Planning and Building) 55. Prior to issuance of grading permits, Applicant shall demonstrate that the grading plans are in substantial compliance with the grading outlined in the Tentative Map. (Engineering. Planning and Building) . 56. Construct energy dissipaters at all storm drain outlets, as required by the City Engineer to maintain non-erosive flow velocities. (Engineering) 57. Design and construct the inclination of each cut or fill surface, resulting in a slope, to not be 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. Submittal and approval of reports by both a soils engineer and a certified engineering geologist containing the results of surface and sub-surface exploration, and analysis. These results should be sufficient for the soils engineer and engineering geologist to certify that in their professional opinion, the underlying bedrock and soil supporting the slope have strength characteristics sufficient to provide a stable slope and will not pose a danger to persons or property. b. The installation of an approved slope planting program and irrigation system. c. "Minor Slope" is defined as a slope four (4) feet or less in vertical dimension in either cut or fills, between parcels and not parallel to any roadway. (Engineering) 58. Construct temporary desilting basins at all discharge points adjacent to drainage courses or where substantial drainage alteration is proposed in the grading plan. The exact design and location of such facilities shall be based on hydrological modeling, and determined pursuant to direction by the City Engineer. (Engineering) 59. 59. The Development shall comply with all operational 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. The development shall also comply with all structural requirements of such regulation as they apply to each building permit at the time of building permit issuance. Further, the Applicant shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with COnstruction Activity and shall implement a. Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution controlmcasures and shall identifY funding mechanisms for post consttuctiDn control mcasures. The Applicant shall comply with all the provisions of the NPDES and the Clean Water Program during and after all phases of the development process, including, but not limited to, mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Applicant shall design the Project storm drains and other drainage facilitics to include Best Mana.gement Practices to minimize non-point source pollution, to the satisfaction of the City Engineer. (Engineering) 60. Applicant shall entcr into an agreement with the City where Applicant agrees not to protest the formation of a facilities benefit district or any other funding mechanism approved by the City to fmance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secrct ballot election. The above noted agreement shall run with the entire land contained within the Project. (Engineering) 61. Developer shall comply with all of the applicable provisions of the Storm Water Management and Discharge Control Ordinance (Chapter 14.20 of the Chula Vista Municipal Code, the Development and Redevelopment Project Storm Water Management Standard Requirements Manual (approved by Council Resolution 2002-475), and the City of Chula Vista SUSMP to the satisfaction of the City Engineer. (Engineering) 62. Enter into a maintenance agreement with the City, where Applicant agrees to operate and r maintain in perpetuity all private permanent BMPs required by the Water Quality Technical Report for the Project, as approved by the City Engineer. Applìcant shall submit and obtain approval from the City Engineer of a maintenance program for the proposed permanent BMPs. 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 activities, and 3) a funding mechanism for financing the maintenance program. (Engineering) 63. Prior to the issuance of each grading permit, or as otherwise approved by the Director of General Services, the ApplicàIlt shall prepare, submit and obtain the approval of the Director of General Services, City Engineer and Environmental Review Coordinator for a landscape and irrigation slope erosion control plan. All plans shall be prcpared in accordance with the current Chula Vista Landscape Manual and Grading Ordinance. Applìcant shall install erosion control in accordance with approved plans within six months from the commencement of grading. (General Services, Engineering. Planning and Building, Environmental) 64. 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. 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 or to the point at which storm water that is collected from public street right-of-way, publìc park or open space areas is first introduced into the system. Downstream from that point, the storm drain system shall be public. An encroachment permit shall be submitted for approval to the City for private storm drains within the publìc right-of-way. (Engineering) 65. 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) 66. Brow ditches that cross over slopes greater than 10 feet in height and steeper than 3:1 gradient shall not be allowed. Drainage shall be collected in an inlet and carried via underground storm drain to the bottom of the slope or a drain inlet connected to an underground storm drain. The applicant shall ensure that brow channels and ditches emanating from and/or running through City Open Space are not routed through private property. Brow ditches and channels from private property shall not be routed through City open space unless approved by the City Engineer. (Engineering) 67. Prior to issuance of each grading permit, Applicant shall demonstrate that the grading plans are in substantial compliance with the grading c()ncepts outlined in the Freeway Commercial SPA Plan and consistent with the landform grading policies described in the City's General Plan. Said grading conccpts will ensure that manufactured slopes are contoured to blend with and reflect adjacent natural slopes. (Engineering, Planning and Building) SEWER 68. Applicant shall design all public sewer in accordance with the following requirements: . a. Design all sewer access points (manholes) to be located at centerline of street, cul-de- sac center, or at the center of a travel lane, unless otherwise approved by the City Engineer. b. Provide improved all-weather paved access to all sewer manholes designed with a minimum traffic index factor of 5 or other loading as approved by the City Engineer. c. Sewer access points (manholes) shall not be located on slopes or in inaccessible areas fur mainrenanceeqillpmem. d. Provide sewer manholes at all changes of alignment of grade, unless otherwise approved by the City Engineer. Install sewer mains such that there are no bends exceeding 45- degree to the direction of flow. e. Manholes should not be located in the wheel tracks on Class I Collector Streets and above, unless otherwise approved by the City Engineer. Manholes within intersections of Class I Collectors and above shall meet Regional Standard Drawing M-4 (Locking). f. Sewer main pipes shall not run parallel and under slopes greater than 5:1 unless otherwise approved by the City Engineer. g. Sewer lines, which are greater than 20 feet in depth, shall use C-900 or C-905 class pipe, as approved by the City Engineer. (Engineering) WATER 69. Submit verification to the City Engineer in the form of a letter from Otay Water District indicating that the assessmentslbonded indebtedness for all parcels dedicated or granted in fee to the City have been paid, or that no assessmentslbonded indebtedness exist on the parcel(s). (Engineering) 70. Avoid installation of privately owned water, reclaimed water, or other utilities crossing any . public street. This shall include the prohibition of installing sleeves for future construction of privarely owned facilities. The City Engineer may waive this requirement if the following is accomplished: a. The Applicant enters into an agreement with the City where the Applicant agrees to the following: i. Apply and obtain approval of an encroachment permit for installation of private utilities within public right-of-way. II. Maintain membership in an advance notice service"such as: the USA Dig Alert Service. iii. Mark out all private facilities/utilities owned by the Applicant whenever work is performed in the area. IV. The terms of this Agreement shall be binding upon the successors and assigns of the Applicant. b. Shutoff devices, as determined by the City Engineer, are provided at those locations where private facilities traverse public streets. (Engineering) AGREEMENTSIFINANCIAL 71. Prior to the approval of the Final Map, the applicant shall enter into a supplemental agreement with the City wherein the Applicant agrees as follows: a. That the City may withhold building permits for the subject subdivision if anyone of the following occur: 1. The required public facilities, as identified io the PFFP, or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The Applicant may propose changes in the timing and sequenciog 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 City Engineer. (Engineering, Planning and Building) b. Defend, indemnify and hold hannless 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 Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act; provided the City promptly notifies the subdivider of any claim, action or proceeding, and on the further condition that the City fully cooperates io the defense. (Engineering, Planning and Building) . c. Pennit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit and provide cable television service for each lot or unit within the Final Map area. Applicant further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the 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 Applicant's construction schedule so that it does not delay or impede Applicant's construction schedule and does not require the trenches to be reopened to acco=odate 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 tenns 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. Applicant 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 and Building) d. That the City may withhold the issuance of building permits for the Project, should the Applicant be determined by the City to be in breach of any of the tenns of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Applicant of notice of such determination and allow the Applicant reasonable time to cure said breach. (Engineering. Planning and Building) e. Hold the City hamùess from any liability for erosion, siltation or mcrease flow of drainage resulting from this project. (Engineering, Planning and Building) f. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP) if adopted prior to issuance of building permits. (Engineering) . h. The Project shall pay its fair share fees as part of any future regional impact fee program for regional facilities as defined in the GDP/SRP, should such a fee program be enacted prior to the issuance of building permits for the project. 1. Indemnify, and hold harmless the City, its elected and appointed ,officers and employees, from and against all fines, costs, and expenses arising out of non-compliance with the requirements of the 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 Applicant, any agent or employee, subcontractors, or others. The Applicant's indemnification shall include reasonable costs, expenses, attorney's fees and liability incurred by the City. (Engineering) 72. Applicant shall grant an Irrevocable Offer of Dedication (I.O.D.) in fee to the City, in a fonn approved by the City Attorney, for the right-of-way deemed necessary by the City Engineer to accommodate the future BRT facilities. Said right-of-way shall be shown as a separate lot in the Final Map. 73. Prior to the approval of the Final Map, the Applicant shall enter into an agreement with the City by which the Applicant agrees to: a. Provide all those easements and enter into those agreements with SANDAG reasonable needed for providing adequate conveyance of the storm water flow generated by the BRT right-of-way; and b. Provide all those easements reasonably needed to install BRT and/or pedestrian signals and/or signs at the intersection of the BRT with the proposed private project entry driveways along EastLake Parkway. 74. The Applicant shall implement the final Air Quality Improvement Plan (AQIP) measures as approved by the City Council, and to comply and remain in compliance with the AQIP. The Applicant shall also waive any claim that the adoption of a final AQIP constitutes an improper subsequent imposition of the condition. Applicant shall implement the GreenStar Building Efficiency Program. (planning and Building) 75. The Applicant 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 Applicant shall modifY the AQIP to incorporate those new measures, which are in effect prior to each Final Map approval within the Project. The new measures shall apply, as applicable, to development within all future Final Map areas, but shall not be retroactive to those areas that received Final Map approval prior to effect of the subject new measures. (Planning and Building) 76. The Applicant 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 Applicant shall be required to -modify the Water Conservation Plan (WCP) to incorporate those new measures, which are in effect prior to each Final Map approval within the Project. The new measures shall apply to development witlrin all future Final Map areas, but shall not be retroactive to those areas that received Final Map approval prior to effect of the subject new measures. (Planning and Building) 77. Applicant shall enter into an agreement with the City encumbering the entire Project, which shall include all of the following: a) Provisions ensuring the Applicant's maintenance of all private common facilities located within the project including, but not be limited to: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures, water quality treatment facilities, landS{;aping, trees, streets, parking lots, driveways, and sewage syst=s that are private. Common facilities are to be identiiied or labeled in an exhibit in the agreement. b) Language establishing the Applicant's responsibilities to maintain public landscaping and/or improvements in conformance with the Maintenance Responsibility Map. c) Language establishing Applicant's responsibility to maintain all private temporary slopes and associated temporary facilities adjacent to the south side of Birch Road (from SR-l25 to EastLake Parkway) needed for the construction of said portion of Birch Road. f) Provisions indemnifying and holding the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the Applicant. g) The requirement for the Applicant 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 and name the City as additionally insured and shall not contain a cross-party exclusionary clause. h) Provisions requiring daily sweeping of common parking lots and internal drives by a reputable sweeping company. . i) Language assuring Project's memberslrip in an advance notice service such as the USA Dig Alert Service in perpetuity. j) Provisions establishing the Applicant's responsibility to: 1.) maintain all sewer access roads as they may exist from time to time in adequate condition as detennined necessary by the Directòr of Public Works operations and 2.) replace any enhanced pavement, sidewalk, and other non-standard facilities or improvement removed by the City during construction and/or maintenance of public sewer facilities within the Project. Applicant shall acknowledge and agree that City will only be responsible for restoring the site using standard asphaltic concrete pavement and/or concrete as determined necessary by the Director of Public Works Operations. 78. Prior to issuance of each building permit within the Freeway Commercial SPA, the. Applicant shall pay fees or some other financing mechanism approved by the school district to provide for the construction of needed elementary, middle and high schools. (Engineering) 79. Prior to approval of the Final Map, Applicant shall establish an endowment to provide for the Project's prorated share of the perpetual maintenance of the Poggi Canyon Channel. The amount of such endowment shall be equal to $40,917.00 (estimate as of 5/9/02) increased by a factor equal to the percentage change in the San Diego Area All Consumer Price Index (All Items) from May 9, 2002 to the date the endowment is established. The documents establishing the endowment shall be subject to the approval of the City Attorney. (Engineering, City Attorney) OPEN SF ACE! ASSESSMENTS 80. In the event Applicant requests the formation of a Community Facility District (CFD) for providing a funding mechanism for the maintenance of public improvements within the Project, the Applicant shall make such request, and obtain City Council approval for the formation of said CFD prior to the approval of the Final Map for the Project. The Applicant shall submit a list of amenities, acreage and maintenance costs for all public open space lots and facilities, including, but not limited to the parkways, medians, open space lots, enhanced paving and water quality treatment facilities. Maintenance of the improvements shall be accomplished by the Applicant for a minimum period of one year, or until such time as accepted into the CFD by the Director of Public Works Operations. If Council does not approve the CFD formation, some other financing mechanism, such as Business Owners Association, or an endowment shall be established and submitted to the City Council for consideration prior to approval of the Final Map. All costs of formation and other costs associated with the processing of the CFD for this project shall be paid for by the Applicant. The Applicant shall provide all the necessary information and materials (e.g., tables, diagrams, etc.) required by the City Engineer for processing the formation of the proposed CFD. (Engineering) 81. All Project landscaping shall conform to the design elements of the City's Landscape Manual. (General Services) 82. Applicant shall enter into a maintenance and grant of easements agreement, encumbering the entire Project, as necessary for landscaping and other improvements maintained by Applicant within City right-of-way or such other public areas as required by the City. Said public improvements shall include, but are not limited to: a) Landscaped parkways along the westerly side of EastLake Parkway, and full landscaped median improvements (including hardscape, landscaping and irrigated improvements) on EastLake Parkway between Street B and Birch Road. b) Northerly and southerly landscaped parkways, full landscaped medians (including hardscape, landscaping and irrigated improvements), along Birch Road until such time that the City approves a different financing mechanism for maintaining said southerly parkways and fair share of said median improvements. c) Landscape improvements located within the proposed BRT right-of-way until such time that this right-of-way is ultimately conveyed to SANDAG. d) Easterly and westerly landscaped parkways, full landscaped median (including hardscape,landscaping and irrigated improvements) along Town Center Drive until such time that the City approves a different financing mechanism for maintaining said improvements. (Engineering, General Services) 83. Provide minimum 15' wide easements to the City of ChuJa Vista as required by the City Engineer for constrUction and maintenance of sewer facilities. (Engineering) 84, Provide minimum IS' wide easements to the City of Chula Vista as required by the City Engineer for construction and maintenance of public storm drain facilities. (Engineering) 85. Provide a blanket easement over private roadways and parking lots to the City providing reasonable access to public sewer facilities to the satisfaction of the City Engineer. (Engineering) 86. Grant on all applicable Final Maps, easements along all public streets within the subdivision as shown on the Tentative Map and in accordance with City standards unless otherwise approved by the City Engineer and the Director of Planning and Building. 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) 87. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any Final Map that proposes private access, utilities or drainage facilities crossing property lines as directed by the City Engineer. (Engineering) LANDSCAPE 88. Prior to issuance of each construction permit and grading permit for the Proj ect, the Applicant shall secure all landscape' improvements associated with the improvements covered by said pennit. The security shall be in amounts as determined by the Director of General Services and approved in form by the City Attorney. Applicant shall prepare and submit to the Director of General Services landscape improvement plans concurrent with the second submittal of street improvement or grading improvement plans for corresponding areas. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and the SPA. Applicant shall agree to and shall install all landscape improvements in accordance with the approved plans to the satisfaction of the Director of Planning and Building and the Director of General Services. (planning and Building. Engineering, General Services) . 89. The applicant shall install all public street trees in accordance with Section 18 .28.010 of the Chula Vista Municipal Code. All public street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. Public street trees are to be . consistent with tree species described in the Freeway Commercial Design Plan, Freeway Commercial SPA Plan and Landscape Master Plan, and shall be subject to approval by the Director of Planning and Building and Director of Public Works Operations. Prior to the installation of any dry utilities, including but not limited to cable, telephone, gas or electric lines, Applicant agrees to complete preliminary public street improvement plans that show the location of all future public street trees, which will be subject to the review and approval of the Director General Services and the Director of Planning and Building. Prior to any utility installation, wood stakes shall be placed by the Applicant on site according to approved preliminary public street improvement plans that depict public street trees and shall be painted a bright color and labeled as future public street tree location. Applicant further agrees to provide City documentation, acçeptable by the Director 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. Applicant will maintain public street tree identiiication stakes in locations as shown on approved preliminary plans until all dry utilities are in place. A public street tree improvement plan, including mailbox locations, sha1l be submitted for review and subject to the approval of the Director of Plamùng and Building and the City Engineer prior to or concurrent with the second submittal of pubEc street improvement plans within the subdivision. Approval of the public street tree improvement plans shall constitute fInal approval of the selection of public street trees for the public street parkways. (Engineering, Planning and Building, General Services) 90. Design landscape and irrigation plans such that street tree placement is not in conflict with the sight visibiEty of any traffic signage. The Applicant shall be responsible for the removal of any obstructions within the sight visibility of said traffic signs consistent with the Chula Vista Design Standards and to the satisfaction of the City Engineer. (Engineering) 91. Prior to the approval of the Final Map or issuance of the first grading permit proposing to create finished lots, whichever occurs first, Applicant shall prepare, submit and receive approval from the Director of General Services of a Conceptual Landscape Plan for all public streets. Such approval shall be indicated by means of the Director's signature and date on said Plan. The contents of the Conceptual Landscape Plan shall conform to the City staff checklist and contain the following maj or components: Landscape Concept Planting Concept Plan Master Irrigation Concept Plan (General Services, Planning and Building, Engìneering, Public Works) MISCELLANEOUS 92. AppEcant shall subnllt copies of the Final Map in a digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file of the Final Map shall combine all map sheets into a single CADD drawing, in DXF, DWG or Arc View (GIS) format and shall contain the following individual layers: Subdivision Boundary (closed polygons), Lot Lines (closed polygons) Street Centerlines (polygons) Easements (polylines) Public Street names (annotation) Lot numbers (annotation) (Engineering) 93. Within thirty (30) days of the City Engineer approval, the Applicant shall submit copies of all approved grading and improvement plans associated with the project in digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital files shall combine all sheets into a single CADD drawing for each set of plans, in DXF, DWG or Arc View (GIS) format. (Engineering) 94. Applicant shall develop and submit a "Recycling and Solid Waste Management Plan" to the Conservation Coordinator for review and approval. The Plan shall demonstrate those steps the Applicant will take to comply with Municipal Code, including but not limited to Sections 8.24 and 8.25 and meet the State mandate to reduce or divert at least 50% of the waste generated by all residential, commercial and industrial developments. The Applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. . (Conservation and Errvirorunental Services) . 95. Within thirty (30) days of the City Council approval of these Tentative Map conditions, or prior to the submittal of the Final Map for the Project, whichever occurs first, the Applicant shall submit a digital drawing fIle of the Tentative Map in its approved form. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file shall combine all map sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) format and shall contain the following individual layers: a. Subdivision Boundary (closed polygons) b. Lot Lines (closed polygons) c. Street Centerlines (polylines) d. Easements (polylines) e. Public Street Names (annotation) f. Lot Numbers (annotation) The digital drawing tile shall be submitted in accordance with the City Guidelines for Digital Submittal on 3-'12" disks or CD, as an e-mail attachment to the City Engineer, or as otherwise approved by the City Engineer. (Engineering) FIRE 96. The Applicant shall comply with the Fire Department's codes and policies for Fire Prevention. The Applicant shall provide the following items prior to delivery of combustible materials on any construction site on the Project: a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal. b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 20 feet (or an acceptable alternative approved by the Fire Marshal and in compliance with the U.F.C.). c. Street signs installed to the satisfaction of the City Engineer. Temporary street signs shall be subject to the approval of the City Engineer and Fire Marshal. Locations and identification of temporary street signs shall be subject to review and approval by the City Engineer and Fire Marshal. (Fire, Engineering) 97. Applicant shall obtain the approval of the City's Fire Marshal for the timing of construction of all internal streets in the Project. (Fire, Engineering) 98. Prior to issuance of the first building permit and in addition to those fire hydrants depicted on the Tentative Map, the applicant shall install additional fire hydrants per 2001 California Fire Code and City of Chula Vista Fire Department policies. (Fire, Engineering) 99. 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 l50 feet in length (as measured from the nearest street centerline intersection). (Engineering) CODE REQUIREMENTS 100. Comply with all applicable sections of the Chula Vista Municipal Code including Chapter 15.04 "Grading Ordinance" as amended. Preparation of the Final Maps and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. (Engineering) 10 l. Underground all utilities within the subdivision in accordance with Municipal Code requirements to the satisfaction of the City Engineer. (Engineering) 102. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The Applicant shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. (Engineering) 103. Pay all required fees, including the following fees, in accordance with the City Code and Council Policy: The Transportation and Public Facilities Development Impact Fees; Traffic Signal Participation Fees; All applicable sewer fees, including but not limited to sewer connection fees; and Poggi Canyon Gravity Sewer Basin DIP. Pay the amount of said fees in effect when payment is due pursuant to the Chula Vista Municipal Code. (Engineering. Planning and Building) GROWTH Mk"JAGEMENT/PUBLIC FACILITIES FINANCING PLAN lPFFP)/ PHASING lD4. Applicant shall comply with Chapter 19.09 of the: Chula Vista Municipal Code (Growth Management) as may be amended fiom time to time by the City. Said chapter includes but is not limited to: threshold standards (l9.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (l9.09.100). (Engineering, Planning and Building) 105. Install public facilities in accordance with the Freeway Commercial Public Facilities Finance Plan as may be amended fiom time to time, or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Director of Planning & Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. (Engineering, Planning and Building) PHASING l06. If the applicant proposes to modifY the Freeway Commercial SPA's approved phasing plan, the applicant shall submit to the City a revised phasing plan for review and approval upon request of the City Engineer prior to approval of the first Final Map. The PFFP shall be revised where necessary to reflect the revised phasing plan. (Engineering) 1 07. The Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and Tentative Map with improvements installed in accordance with said plan or as required to meet the City's Growth Management Ordinance. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of the Freeway Commercial SPA, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other Freeway Commercial SPA Plan document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the Freeway Commercial SPA's facility improvement requirements to those identified in the PFFP. The Growth Management Ordinance, as it exists at the time of building pennit issuance, shall govern Freeway Commercial SPA development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improv=ents are constructed shall correspond to any future amendment to the Growth Manag=ent Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction, should conditions change to warrant such a revision in accordance with the Growth Management Ordinance. (Engineering)