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HomeMy WebLinkAboutReso 2005-115 RESOLUTION NO. 2005-115 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR A PORTION OF THE OTAY RANCH, VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA) PLAN- OTA Y PROJECT L.P., CHULA VISTA TRACT 05-09A WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. 2005-115 and described on Chula Vista Tract 05-09A, and is commonly known as Otay Ranch Village Seven 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 Village Seven Tentative Map, Chula Vista Tract 05-09A", ("Project"), was filed with the City of Chula Vista Planning and Building Department on February 9, 2005 by Otay Project L.P., ("Applicant"); and WHEREAS, the application requests the approval for the subdivision of approximately 105 acres of land located east of La Media and south of Birch Road within Otay Ranch Village Seven SPA into 360 residential 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 and determined that the Project would require an addendum to the Final Environmental Impact Report for Village Seven Sectional Planning Area (SPA) Plan and Tentative Maps (Final EIR 04-06) that was approved October 12, 2004; and WHEREAS, the Planning Commission set the time and place for a hearing on said "Otay Ranch Village Seven Tentative Map, Chula Vista Tract 05-09A", (PCS-05-09A) 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 March 16, 2005, 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 Village Seven Tentative Map, Chula Vista Tract 05-09A", (PCS-05-09A); and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: Resolution 2005-115 Page 2 1. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on March 16, 2005, 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, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQ^ The environmental impacts associated with this Revised Tentative Subdivision Map for Village Seven have been analyzed in the Second Addendum to FEIR-04-06. The City Council has considered FEIR 04-06 and the Second Addendum, and finds that they have been prepared in accordance with the requirements of the California Environmental Quality Act [CEQA], Public Resources Code section 21000 et seq., the CEQA Guidelines, Cal. Code Regulations, Title 14, section 15000 et seq., and the Environmental Review Procedures of the City ofChula Vista. The City Council finds that none of the conditions in CEQA Guideline section 15162 calling for the preparation of a subsequent EIR have occurred. Accordingly, the City Council hereby adopts the Second Addendum. III. ACTION The City Council hereby approves the resolution approving the Otay Ranch Village Seven Tentative Map, Chula Vista Tract 05-09", (PCS-05-09) involving 105 acres ofland known as Otay Ranch Village Seven Tentative Map in this resolution, finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Village Seven SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their 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 Otay Ranch Village Seven Tentative Map, Chula Vista Tract 05-09A", (PCS-05-09A) 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 Village Seven Sectional Planning Area (SPA) Plan, based on the following: 1. Land Use The Project is in a planned area that provides urban village uses authorized by the Village Seven Sectional Planning Area (SPA) Plan. The Revised Tentative Map proposes a total of 360 residential dwelling units. A total of three single-family residential neighborhoods are proposed ranging from 7.2 to 17.9 dwelling unit per acre. Lot sizes average from 2720 square feet to 5841 square feet. 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 Village Seven SPA Plan. The Applicant Resolution 2005-115 Page 3 shall construct those facilities in accordance with the City and the Village Seven SPA Plan standards. The Village Seven Circulation Plan details the hierarchy of vehicular circulation for internal neighborhood residential streets, collector streets, village entries and prime arterials serving the Project. The Tentative Map provides multiple points of access to Magdalena. The Tentative Map boundaries are bounded by Magdalena on the east, Birch Road on the north and future extension of La Media Road on the west. Access to these arterials wiIl be via Magdalena. A fourth point of entry will be via Magdalena to the south, which will provide access to the high school site and will eventually tie to Rock Mountain Road. Magdalena will serve as the primary backbone, bisecting Village Seven from north to south and crossing the greenbelt. 3. Housing The Project provides a mix of lot sizes for single family for persons of various income levels. Prior to recordation of any final subdivision map for the Project, the Developer will enter into an Affordable Housing Regulatory Agreement. The agreement will set forth the method of determination of the in-lieu contribution, schedule for payment, and the value of the total in-lieu contribution. 4. Parks, Recreation and Open Space In fulfillment of its obligation to provide 3.96 acres of parkland, the developer will provide land via an irrevocable offer of dedication, payment of in-lieu fees, or a combination thereof towards a Community Park within the service area of Village Seven. The developer will also provide development fees in accordance with CVMC 17.10. The Village Greenway, part of the Citywide greenbelt trail that is to provide for a connection from Otay Valley Regional Park through Otay Ranch and to Salt Creek, as described in the City's Greenbelt Master Plan, will be incorporated within the Wolf Canyon corridor between La Media Road and Magdalena Avenue. 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 one-acre of developed land prior to approval of any fmal 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 Village Seven SPA Geotechnical Reconnaissance Report. Resolution 2005-115 Page 4 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 territorics. 9. Noise The Project wiIl include noise attenuation walls. In addition, 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 Magdalena, Birch Road, and Rock Mountain Road. There is no scenic highway adjacent to the Project. 11. Bicycle Routes Bicyclists will share internal streets with motor vehicles due to the anticipated low traffic volumes and limited speeds allowed on residential streets. Birch Road includes a bike lane (Class II) adjacent to the curb. La Media Road includes a bike lane (Class I) within the right-of-way on the road westerly side. 12. Public Buildings Public buildings are not proposed on the Project site as part of the community purpose facility locations. 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 m Exhibit "B", attached hereto. V1. 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. --_.-- --_..---.----- -..-.---.---------.....- --- Resolution 2005-115 Page 5 VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by ¡) G '-yì/l~YJ-.-. Ann. Moore City Attorney s D. Sandoval ing and Building Director Resolution 2005-115 Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 5th day of April, 2005, by the following vote: AYES: Councilmembers: McCann, Rindone and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: Davis ABSTAIN: Councilmembers: Castaneda c:;;?¡jL ATTEST: -~~í~~ rJ. J Susan Bigelow, MMC, City rk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing Resolution No. 2005-115 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 5th day of April, 2005. Executed this 5th day of April, 2005. -=~U ) 6-....--; ~'~ ð ~ Susan Bigelow, MMC, City Cle Exhibit "8" Otay Ranch Village Seven Revised Tentative Subdivision Map (C.V.T.05-09A) CONDITIONS OF AFPROV AL Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to the related Final Map as determined by the Director of Planning and Building, the City Engineer, and the Director of General Services (b) unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the Applicant shaIl be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such 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. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAL/PRELIMINARY 1. AIl 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) 2. The Applicant shall comply with all requirements and guidelines of the City of Chu1a Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual; Chula Vista Design Manual; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; Village Seven Sectional Planning Area (SPA) and Tentative Maps (TMs) Final Second-Tier Environmental Impact Report (Final EIR 04-06) and associated Mitigation Monitoring and Reporting Program (MMRP) and addendums to FEIR-04-06; Otay Ranch Village Seven Sectional Planning Area (SPA) Plan and supporting documents including: Public Facilities Finance Plan (PFFP); Parks, Recreation, Open Space and Trails Plan; SPA Affordable Housing Plan, Air Quality Improvement Plan (AQIP), Water Conservation Plan (WCP); and the Non-Renewable Energy Conservation Plan as 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) 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 Page I of 33 seek damages for their violation. The Applicant 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) 4. Applicant 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 Village Seven SPA, Tentative Maps, and Second Tier EIR (EIR 04-06) and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. (Planning) 5. The Applicant shaIl comply with all applicable Village Seven SPA conditions of approval, (pCM 04-05) as may be amended from time to time. (Planning) 6. Prior to the approval of the first "A" Map for the Project, Applicant shaIl prepare and submit, to the satisfaction of, and as deemed necessary by the Director of Planning and Building, an updated Sectional Planning Area (SPA) Plan, and supporting regulating documents including, but not limited to text, exhibits, and tables for the Village Seven SPA Plan; Planned Community District Regulations; ViIlage Design Plan; Public Facilities Finance Plan; Affordable Housing Plan Air Quality Improvement Plan; Water Conservation Plan; Non-Renewable Energy Conservation Plan; Parks, Recreation, Open Space and Trails Plan; and applicable environmental documents. (Planning) 7. Any and all agreements that the Applicant is required to enter in hereunder shall be in a form approved by the City Attorney. (Planning) 8. A reserve fund program has been established by Resolution No. 18288 for the funding of the Fiscal Impact of New Development (F.1.N.D.) Model for the Otay Ranch Project. The Applicant shall provide funds to the Reserve Fund as required by the Reserve Fund Program. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP), the Applicant shall participate in the funding of the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shaIl commence following the first fiscal year in which residential occupancy occurs in the Project and is to be completed during the second quarter of the following fiscal year. The annual report shaIl adhere to the GDP/SRP, as amended from time-to-time. (Planning) 9. In accordance with mitigation measure 4.3-2 of the Final EIR 04-06 and Addendum to FEIR 04-06, the City within Village Seven may issue no more than 400 building permits prior to the completion of SRl25 to the International Border. Notwithstanding the foregoing, the City may issue additional building permits if the City Council, in its sole discretion, determines that each of the following conditions have been met: I) SRI25 is constructed and open between SR54 and Olympic Parkway; and 2) traffic studies, prepared to the satisfaction of the City Engineer and the City Council, demonstrate that the opening of SRl25 to Olympic Parkway provides additional capacity to mitigate the project's cumulatively significant traffic impacts to a level below significance without exceeding GMOC traffic threshold standards. Altematively, the City may issue building permits if the City Council, in it's sole discretion, has approved an alternative method to implement the City's Growth Management Ordinance, as may be amended from time to time. (Engineering) Page 2 of33 ----------- 10. The Applicant shall comply with the tertns 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"), to the satisfaction of the Director of Planning and Building. (Planning) ENVIRONMENTAL II. The Applicant shall implement, to the satisfaction of the Director of Planning and Building and Environmental Review Coordinator, all environmental impact mitigation measures identified in Final EIR 04-06 (SCH# 2003 II 1050) and addendums, the candidate CEQA Findings and MMRP for this Project. (Planning) 12. The 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 Final EIR 04-06 (SCH# 2003111050) and MMRP. (Planning) 13. The Applicant shall apply for and receive a take permit/authorization from the U.s. Fish and Wildlife Service and California Department of Fish and Game, or comply with the approved City of Chula Vista MSCP Subarea Plan, if applicable to the Project. (Planning) 14. Prior to the approval of each final "B" Map for the Project, the 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) and "Preserve Conveyance Schedule," as approved by City Council on June 4, 1996, and as may be amended from time to time by the City. (Planning) 15. Prior to the issuance of the first grading permit (including clearing and grubbing) for the Project, the Applicant shall comply with the requirements of the RMP, Phase Two, Range Management Plan to the satisfaction ofthe Director of Planning and Building. (Planning) 16. Simultaneously with conveyance of land to the Preserve Owner/Manager (POM) in fee title or by easement, the Applicant shaIl cease all cattle grazing on the land to be conveyed. In addition, the Applicant shall ensure through the maintenance of existing fencing or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City, that cattle from adjacent areas cannot access the land being conveyed. In addition, Applicant shall comply with the requirements of the RMP, Phase Two, Range Management Plan to the satisfaction of the Director of Planning and Building. (Planning) 17. Prior to the approval of each final "B" Map for the Project, Applicant shall comply with all requirements of the Village Seven SPA Plan Agricultural Plan. (Planning) I 8. The Developer agrees to convey fee title, or upon the consent of the Preserve Owner/ Manager (POM) and any lien holder, an easement restricting use of the land to those permitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon the recordation of each Final Map for an amount of land equal to the Final Map's obligation to Page 3 of 33 convey land to the Preserve. Where an easement is conveyed, the Developer agrees to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Developer shall convey fee title. Where fee title or an easement is conveyed, access to the satisfaction of the POM shall also be conveyed. Where an easement is granted, each Final Map is subject to a condition that fee title shall be granted upon demand by the POM. The developer further agrees to maintain and manage the offered conveyance property consistent with Phase I and 2 RMP guidelines until such time when the POM has accepted the conveyance property. (Planning) 19. Prior to approval of the first "B" Map for the Project, at the request of the City Engineer, Developer shall take all necessary steps to include the Project area within Improvernent Area "A" ofthe Otay Ranch Preserve Maintenance District (CFD. No. 97-02). (Engineering) SPECIAL CONDITIONS OF APPROVAL 20. In accordance with mitigation measure 4.4-1 of the Final EIR 04-06 and associated MMRP, an acoustical study confirming wall geometrics and conformance with the City's noise threshold for residential units along Birch Road and La Media Road shaIl be approved by the Environmental Review Coordinator prior to grading permit. A noise barrier plan shall be prepared in conformance with the aforementioned study as well as the noise analysis contained in Final EIR 04-06 and the associated MMRP. The noise barrier plan shaIl be submitted for review and receive approval by the Director of Planning and Building, Environmental Review Coordinator, Director of Public Works and Director of General Services prior to issuance of the fIrst grading permit for the Project. This noise barrier plan shaIl be incorporated into the wall and fence plan, a component of the Landscape Master Plan. Should Developer request modifIcation of the approved waIl and fence plans, Developer shall provide" additional acoustical analysis ifrequired by the Director of Planning and Building and Environmental Review Coordinator. Noise barriers shall be constructed within dedicated open space lots and shall not be constructed on private property unless a MHOA is formed to maintain sound barriers to the satisfaction of the Director of Public Works and the Environmental Review Coordinator. (Environmental, Engineering) 21. Unless required noise barriers are constructed, no building permits shaIl be issued for those lots within the noise contour of 65 CNEL or greater as described in the Acoustical Impact Analysis by Giroux & Associates, dated June I, 2004 and the Noise Technical Report for Otay Ranch Village Seven by RECON, dated February 23, 2004, unless earlier modified by agreement with the City of Chula Vista and Applicant. (Environmental, Engineering) 22. Applicant shall make a good-faith effort to coordinate development and implementation of the Village Seven SPA Plan Area with all other developers/applicants within Village Seven including phasing, grading, improvements and dedication of right-of-way. (Planning) 23. The following conditions of approval are based upon the project having multiple Final Maps for the entire subdivision, which shaIl be referenced hereinafter as "Final 'B' Maps". A Final "B" Map is defined as a final subdivision or parcel map, filed in accordance with the Subdivision Map Act and the Chula Vista Municipal Code, which proposes to subdivide land into individual single or multi-family lots, or contains a subdivision of the multi-family lots shown on the Tentative Map. The "B" Map shall be in substantial conformance with the Page 4 of33 related approved final "A" Map. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's reasonable satisfaction prior to approval of the first Final 'B' Map. (Engineering) 24. Prior to approval of the first final "B" Map for the Project within the Tentative Map, the developer may submit and obtain the approval of the City of a master Final Map ("A" Map) over the portion of the tentative map within each area showing "super block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" Map shall also show open space lot dedications, the backbone street dedications and utility easements required to serve the "super block" lots created by this "A" Map. All "super block" lots created by this "A" Map or parcel map shall have access to a dedicated public street. A lot line adjustment, if utilized in accordance with City standards and procedures, shall not be considered the fust "A" Map. The "A" Map may contain single-family residential units. An "A" Map shall not be considered the fust Pinal Map as indicated in the conditions of approval unless said Map contains single family lots, stock co-operative, community apartment, condominium lots or multi-family lots as shown. (Engineering) 25. The subsequent development of a multi-family lot which does not require the filing of a "B" Map shall meet, prior to issuance of a building permit for that lot, all the applicable conditions of approval of the tentative map, as determined by the City Engineer. (Engineering) 26. In the event of a filing of a final 'B' Map which requires oversizing of the improvements necessary to serve other properties within the Project, said Pinal Map shall be required to install all necessary improvements to serve the project plus the necessary oversizing of facilities required to serve such other properties (in accordance with the restrictions of state law and City ordinances). (Engineering) DESIGN 27. Any proposed monumentationlsignage shall be consistent with the Village Seven Village Design Plan and shall be reviewed and approved by the Director of Planning and Building prior to approval of the appropriate Final Map. (Planning) 28. Prior to issuance of the first building permit, Applicant shall submit for review and approval a sign program to the Director of Planning and Building. Prior to issuance of the first building permit, Applicant shall post temporary signs on all neighborhoods within the Project indicating the future land use(s) for sa,id sites with signage consistent with the sigiJ. program. Temporary signs shal1 be maintained in place until such time as a project is approved for any such future land use site. (Planning) 29. In addition to the requirements outlined in the City of Chu1a 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, General Services) Page 5 of 33 30. Street parkways shall be no less than 7.5 feet in width for the planting area, except as approved by the City Engineer. The Applicant shall plant trees within said parkways which have been selected from the list of appropriate tree species described in the Village Seven Design Plan, ViIlage Seven SPA Plan and Landscape Master Plan and shall be approved by the Directors of Planning and Building, General Services and Public Works. The Applicant shall provide root barriers and deep watering irrigation systems for the trees, as approved by the Director of General Services and the Director of Public Works. (Planning, General Services) 31. The Applicant shall install all street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. Prior to the instaIlation of any dry utilities, including but not limited to cable, telephone, gas or electric lines, Applicant agrees to 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. Prior to any utility installation, wood stakes shall be placed by the Applicant on site according to approved preliminary street tree plans and shall be painted a bright color and labeled as future street tree location. Applicant further agrees to provide 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. Applicant will maintain street tree identification stakes in the locations as shown on approved preliminary plans until all dry utilities are in place. A street tree improvement plan shall be submitted 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 shaIl constitute final approval of the selection of street trees for the street parkways. (Engineering, Planning, General Services) 32. Prior to the first Final Map for the Project, Applicant shall submit to and obtain approval by the City Engineer and the Director of Planning and Building a SPA-wide signage plan, if such plan has not been already produced by the Applicant for another Final Map within the SPA. Such plan shall address trails, cart and off-street bicycle circulation and street crossing. Such plan shall include sign colors, materials, heights, location and lighting. Applicant shall instaIl approved signs concurrent with related improvements or upon request by the City. (Engineering, Planning) Page 6 of33 PUBLIC FACILITIES, UTILITIES, IMPROVEMENTS AND PHASING (Streets, Transit, Sewer, Water, Drainage, Grading) 33. Developer shall dedicate for public use all the public streets shown on the tentative map within the subdivision boundary. Prior to the approval of the first "A" Map and those "B" Maps, which trigger improvements as set forth in the ViII age Seven PFFP, the Applicant shall construct or enter into an agreement to construct and secure all street improvements as required by the PFFP, as may be amended from time to time. The Developer shall construct the public improvements and provide security satisfactory to the City Engineer and City Attorney. (Engineering) 34. Construct a protective fencing system at the inlets and outlets of storm drain structures, as and when directed by the City Engineer. The final fencing design and types of construction materials shall be subject to approval of the City Engineer. (Engineering) 35. Construct energy dissipators at all storm drain outlets as required by the City Engineer to maintain non-erosive flow velocities. (Engineering) 36. Prior to approval of each Final Map for the Project, 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, subject to the City's Subdivision Ordinance and the State Subdivision Map Act. (Engineering) 37. Concurrent with approval of each Final Map for the Project, the Applicant shall submit Improvement Plans for the applicable neighborhood for review and approval by the City Engineer, Director of General Services and the Director of Planning and Building. Applicant shall secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the construction and/or construct full street improvements for all on-site and off-site streets as identified in the Otay Ranch Village Seven SPA PFFP, 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. The amount of the security for required improvements, including landscape and irrigation plans, shall be I 10% times 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. The landscape and irrigation (L&I) bond, at a minimum, shall be based on a 90% complete Landscape Master Plan, to the satisfaction of the Director of General Services. A lesser percentage of bonding rnay be allowed 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, General Services) 38. Uponapproval of the final "B" Map for the: Project that triggers the Cumulative DU's, ("Table 'Am) below, consistent with the Village Seven PFFP, as may be amended from time Page 7 of 33 to time, Developer shall construct or enter into an agreement to construct and secure, in accordance with Section 18.16.220 of the Municipal Code, the required street improvements: (Engineering) Table "A" Village Seven Public Facilities Matrix Public facilities required to be constructed by Village Seven And cumulative unit tri!!!!ers Facility Description Cumulative Roadway Unit Tri!!!!ersI I La Media from Birch Road to Santa Luna Street I' 2 Santa Luna Street from La Media Rd. to Magdalena Ave. I' 3 Ma"dalena Avenue - Birch Road to Webber Road I 4 1M al>dalena Avenue - Webber Road to Wolf Canyon Drive 120 5 lMal>dalena Ave. - WolfCanvon Loon to Fleishbein Fred A St. 200 6 Mal>dalena Avenue - Fleishbein Fred A. St. to Santa Luna St. 1(3) 7 Rock Mountain Rd. - Half Width La Media to SR-125 12\ 8 Sidewalk alonl> south side of Birch Rd. 14\ (1) Developer shan agree to construct and to secure the facility prior to the Fina] Map that triggers the cumulative DUs or EDU's as defined in th:s Table. (2) The ROW for these improvements will be dedicated prior to the approval of the first Final Map as provided in the PFFP: if a grading permit for the High School site has been issued, or the High School project is approved by the Division of the State Architect. Developer shall agree to construct and secure the improvements prior to the approval of the first Final Map. The time to perfonn the construction of these improvements may be extended by the City Engineer. (3) The number of units prior to construction of these facilities may be increased at the sole discretion of the City Engineer, but in no event in excess of 350 units in all of the Village Seven project, in accordance with the PFFP as fonows: 1) if it is detennined that the enrollment in High School is less than or equal to 1,600; and 2) a traffic study is submitted to and approved by the City Engineer that demonsrrates that the intersection of Birch Road and Magdalena Ave. will meet both LOS and design standards criteria; and 3) Developer shall provide evidence that grading operations for these facilities are substantiaIly completed and that roadway improvements for these facilities are progressing adequately toward completion. (4) Upon completion of the grading a10ng Birch Rd. the sidewalk shall be constructed in accordance with the approved Improvement Plans for Birch Rd. 39. Street cross sections shall conform to the cross sections shown on the tentative map, unless otherwise conditioned or approved herein. All other design criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein. (Engineering) 40. The Applicant shall participate in the funding of revisions of the Public Facilities Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed and requested by the City Manager or his designee and subj ect to the approval of the City Council. The Applicant wiIl receive appropriate credit for such participation. (Engineering) 41. Prior to approval of any Final Map for the Project which triggers the installation of the related street improvements, Applicant shall enter into an agreement, to the satisfaction of the City Engineer, to construct and secure fully activated traffic signals, including interconnected wiring, at the following intersections: Page 8 of33 INTERSECTIONS · La Media Road and Santa Luna · WolfCanvon LOOD and Magdalena Avenue · Magdalena A venue and Peabodv · Magdalena A venue and Santa Luna · Rock Mountain Rd. and Magdalena Ave. The applicant shall fully design the aforementioned traffic signal in conjunction with the improvement plans for the related streets. The developer shall install underground improvements, standards and luminaries in conjunction with the construction of the applicable street improvements. In addition, the Applicant shall install mast arm, signal heads, and associated equipment when traffic signals warrant as determined by the City Engineer. (Engineering) 42. Submit to and obtain approval by the City Engineer of striping plans for all promenade, collector or higher classification streets simultaneously with the associated improvement plans. (Engineering) 43. The Applicant shall comply with the Fire Department's codes and policies for Fire Prevention, and the recommendations contained in the approved Fire Protection Plan, Urban- Wild land Interface Area for Village Seven, as may be amended from time to time. Prior to the approval of the first Final Map, a frre access and water supply plan prepared by a licensed engineering firm, which has been determined to be qualified in the sole discretion of the Fire Marshall, shall be submitted to for approval by the City Of Chula Vista Fire Department. The plan shaH detail how and when the Applicant shall provide the following items either prior to the issuance of building permit(s) for the Project, or prior to delivery of combustible materials on any construction site on the Project, whichever occurs earlier: a. Water supply consisting of frre 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 15 feet. 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 Department. Locations and identification of temporary street signs shaH be subject to review and approval by the City Engineer and Fire Department. (Fire, Planning, Engineering) 44. Depending on the location of improvements such as cul-de-sacs, alleys, driveways or when special circumstances exist in a subdivision design, as determined by the Fire Marshal, the Applicant shaIl install additional fire hydrants upon request and to the satisfaction of the Fire Department. (Fire, Planning, Engineering) 45. 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 Page 9 of 33 stubbed streets greater than 150 ft. in length (as measured from the nearest street centerline intersection). (Engineering) 46. Design all vertical and horizontal curves and intersection sight distances to conform to the CaITrans 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 distance easements shall be granted as necessary to comply with the requirements in the CalTrans Highway Design Manual and City of Chula Vista policies, where a conflict exists, the City of Chu1a Vista policies shall prevail. Lighted SAG vertical curves may be permitted, with the approval of the City Engineer, at intersections per American Association of State Highway and Transportation Officials (AASHTO) standards. (Engineering) 47. Prior to approval of each Final Map for the Project, the Engineer-of-Work shall submit and obtain approval by the City Engineer a waiver request for all subdivision design items not specifically waived on the Tentative Map, and not conforming to 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) 48. Applicant shall enter into an agreement with the City, prior to the approval of the first Map for the Project whereby the developer agrees to the following: a. Fund and install Chula Vista transit stop facilities within the tentative map boundary when directed by the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the Village Seven Design Plan and Village Seven PFFP and as approved by the Directors of Planning and Building and Public Works. b. Not protest the formation of any future regional benefit assessment district to finance the MTDB San Diego Trolley, BRT System or other transit system. (Engineering) 49. Alleys shall be constructed to City ofChula Vista standards. (Engineering) 50. The developer shall construct sidewalks and construct pedestrian ramps on all walkways to meet applicable "Americans with Disabilities Act" standards and as approved by 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, after construction has commenced. (Engineering) 51. The Applicant shaIl not install privately owned water, reclaimed 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: Page 10 of33 a. The developer enters into an agreement with the City where the developer agrees to the following: . 1. Apply for an encroachment permit for installation of the private facilities within the public right-of-way; and, II. Maintain membership in an advance notice such as the USA Dig Alert Service; and, Ill. 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) 52. 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) 53. Prior to issuance of any grading permit based on plans proposing the creation of down slopes adj acent to public or private streets, Applicant shall obtain the City Engineer's approval of a study to determine the necessity of providing guardrail improvements at those locations. Applicant shall construct and secure any required guardrail improvements in conjunction with the associated construction permit as determined by and to the satisfaction of the City Engineer. The guardrail shall be installed per CalTrans Traffic Manual and Roadside Design Guide requirements and American Association of State Highway and Transportation Officials (AASHTO) standards to the satisfaction of the City Engineer. (Engineering) 54. Prior to approval of each Final Map for the Project, Applicant shall agree to install permanent street name signs, and shall install such signs prior to the issuance of the first building permit for production homes for the applicable Final Map. (Engineering) 55. Left and right turn storage lengths shall be provided as recommended in the Linscott, Law and Greenspan Traffic Study for Village Seven, dated June 7, 2004, or as required by the City Engineer (Engineering). 56. Prior to the approval of the first Final Map, the applicant shall secure the installation· of one permanent traffic count station by making a cash deposit in the amount of $17,500. (Engineering) GRADING AND DRAINAGE 57. The Applicant shall provide drainage improvements in accordance with the Master Drainage Study for Otay Ranch Village Seven, dated May 20, 2004, and the Preliminary Water Quality Technical Report for Otay Ranch Village Seven, dated May 21, 2004 or a subsequent Hydrology Study submitted to and approved by the City Engineer. The Applicant shall maintain all such drainage improvements until said improvements are formally accepted by the City or an applicable maintenance district, or other mechanism as approved by the City. Said maintenance shall ensure that drainage facilities will continue to operate as designed. (Engineering) Page 11 of 33 58. Prior to approval of any grading permit or any other grant of approval for constructing the proposed extended detention and water quality basins, whichever occurs earlier, the Applicant shaIl demonstrate that the design of the proposed extended detention and water quality basins would reduce the 2-, 10- and 100-year post-development peak flows, to any natural drainage course to an amount not exceeding pre-development conditions, to the satisfaction of the City Engineer (Engineering) 59. Storm drain systems that coIlect water ¡¡-om private property shaIl 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, public 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 shaIl be processed and approved by the City for private storm drains within the public right-of-way or within C.F.D. maintained Open Space lots. (Engineering) 60. Subrnit 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 shaIl also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. (Engineering) 61. Prior to the issuance of any grading permit which impacts off-site property, the Applicant shaIl deliver to the City, a notarized letter of permission to grade and drain for all off-site grading. (Engineering) 62. Storm drain design shall conform to the requirements of the Subdivision Manual and the Grading Ordinance as may be amended from time to time. (Engineering) 63. Provide improved all-weather access with H-20 loading, based on a minimum traffic index (TI) of 5, to all public storm drain clean-outs or as otherwise approved by the City Engineer. (Engineering) 64. AIl City maintenance access roads shall be 12' min. width and designed for H-20 (min. TI of 5) loading. Provide a minimum of 6-inch thick PCC (reinforced with #4 BAR at 18" on center each way) and heavy broom finish for any access road with grades of 8% or greater. Access roads greater than 5% but less than 8% must, at minimum, be asphalt concrete designed to carry H-20 loading. AIl other access roads at grades less than 5% may be Class II base. In addition, maintenance pads adjacent to the inlet structures shall be a minimum of 6- inch PCC (reinforced with #4 bar at 18" on center each way) designed for H-20 loading with a heavy broom finish. Additional paving requirements in excess of the above may be required when determined necessary at the discretion of the Director of Public Works- Operations (Engineering) 65. All grading and pad elevations shaIl be within 2 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) 66. Grant on the appropriate final "B" Map a l5-foot minimum drainage and access easement for public storm drain lines located between residential units unless otherwise directed by the Page 12 of 33 City Engineer. All other public easements shall meet City standards for required width. (Engineering) 67. Development of the subdivision 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 (N.P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the Applicant shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. 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. The Developer, and successors in interest, shall comply with all the provisions of the N.P.D.E.S. 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 comply with the City of Chula Vista Development and Redevelopment Projects Storm Water Management Standards Requirements Manual (Storm Water Management Standards Manual) and shall design the Project's storm drains and other drainage facilities to include Best Management Practices (BMP's) to minimize non-point source pollution, satisfactory to the City Engineer. (Engineering) 68. Submit to and obtain approval from the City Engineer and Director of Planning and Building for an erosion and sedimentation control plan as part of grading plans. (Engineering, Planning) 69. Storm drain clean outs shall not be located on slopes or in inaccessible areas for maintenance equiprnent. 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) 70. Brow ditches perpendicular to 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) 71. Indicate on all affected grading plans that all walls, which are to be maintained by open space districts, shall be constructed entirely within open space lots dedicated to the City. (Engineering) 72. Locate lot lines at the top of slopes except as shown on the Tentative Map or as approved by the City Engineer and Director of Planning 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. (Engineering, Planning) Page 13 of 33 73. Provide a mm¡mum of three (3) feet of flat ground access from the face of any City maintained wall to the beginning of the slope rounding for wall maintenance, unless otherwise approved by the City Engineer. (Engineering) 74. Provide a setback, as determined by the City Engineer and is based on Applicant'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) . 75. Construct temporary de-silting basins to the satisfaction of the City Engineer. The exact design and location of such facilities shall be based on hydrological modeling and determined pursuant to direction by the City Engineer. (Engineering) 76. Developer shaIl submit a drainage study to the satisfaction of the City Engineer with each grading permit application showing that any interim conditions do not adversely impact downstream flows. (Engineering) 77. Prior to issuance of grading permits, Applicant shaIl demonstrate that the grading plans are in substantial· compliance with the grading concepts outlined in the Village Seven SPA Plan consistent with the landform grading policies described in the City's General Plan. Said grading concepts wiIl ensure that manufactured slopes are contoured to blend with and reflect adjacent slopes. (Engineering, Planning) 78. Prior to the approval of the first Map for the Project, or issuance of the first grading permit for the Project, whichever occurs earlier, Applicant shaIl enter into an agreement with the City ofChula Vista, wherein the Applicant agrees to the foIlowing: a. Comply with the requirements of the Storm Water Management Standards Manual including revision of approved grading and or improvement plans as necessary b. IndemnifY, and hold harmless the City, its elected and appointed officers and employees, from and against all fines, costs, and expenses and damages 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 any and all costs, expenses, attorney's fees and liability incurred by the City. 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 chaIlenge the amount of any assessment, which may be imposed due to the addition of these improvements and shaIl not interfere with the right of any person to vote in a secret baIlot election. Such Applicant obligation may be reassigned to a Master Homeowner's Association or other appropriate Maintenance District subject to the approval of the City Engineer. (Engineering) Page 14 of33 SEWER 79. Sewer access points shall, unless otherwise approved by the City Engineer and the Director of Public Works: 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 Promenade Streets and higher street classifications; 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 as approved by the Director of Public Works; and, f. Be provided at all changes of alignment of grade. (Engineering) 80. Prior to the first final "A" Map, the Applicant shall agree to participate and shall thereafter participate in any necessary funding for implementing a Poggi Canyon sewer trunk- monitoring program, as determined by the City Engineer. The sewer trunk-monitoring program shall include an analysis ofthe remaining capacity of the Poggi CanyonlDate-Faivre sewer system. The analysis shall demonstrate to the satisfaction of the City Engineer that sufficient capacity exists for the number of ED Us contained in all Final Map for the Project submitted to the City pursuant to the limits set forth in the PFFP. The analysis shall include all flows, including pumped flows, entering the Poggi Canyon Trunk Sewer, not just from Village Seven, or from within the Poggi Canyon gravity basin. 81. The Village Seven sewer improvements shall be consistent with the Village Seven Conceptual Sewer Study, dated April 14,2004 or a subsequent Sewer Study submitted to and approved by the City Engineer. (Engineering) 82. Sewers serving 10 or less equivalentdwelIing units shall have a minimum grade of 1 % and/or a velocity of 2' per second, or as approved by the City Engineer. Sewer lines shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. (Engineering) 83. Grant on the appropriate final "B" Map a 20-foot minimum sewer and access easement for sewer lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. (Engineering) 84. Prior to issuance of any building permit for equivalent dwelling units (EDU' s) 1 through 105 in Project, the Poggi Canyon Gravity Sewer DIF in effect at the time of issuance shall be applied to each building permit. After issuance of the 105th EDU the Salt Creek Interceptor DIF in effect at the time of issuance shall be applied to each building permit, regardless of which sewer basin the unit is located. (Enginee.ring) Page 15 of33 PARKS AND OPEN SPACE 85. The Village Seven Project shall satisfY the requirements of the Parkland Dedication Ordinance (PDO) pursuant to Chula Vista Municipal Code Chapter 17. The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. The Project's Neighborhood Park portion of the local park requirement shall be satisfied through the dedication of parkland and the payment of PAD fees that enable the provision ofa 7.0 net useable-acre Neighborhood Park (P-l). The remaining requirement shall be satisfied in a future Community Park through the payment of fees, dedication of land, or a combination thereof in a manner acceptable to the Director of General Services. Common useable open space (CUOS) shall not receive park credit. (General Services) 86. Prior to approval of the first "A" Map for the Project, the Applicant shall comply with the provisions of the City of Chula Vista Parks and Recreation Master Plan as adopted and as it affects facility and other related requirements for the Project's parks. (General Services) 87. Prior to the approval of the first "A" Map for the Project, Applicant shall have prepared, submitted to and received approval from the Director of General Services of a comprehensive Landscape Master Plan (LMP) for the Project. Such approval shall be indicated by means of the Director of Planning and Building, or designee's signature and date on said Plan. The contents of the LMP shall conform to the City staff checklist and include the following major components: a. Maintenance Responsibility Plan (delineates private and public property and indicates the rnaintenance responsibility for each); b. Master Irrigation Plan (includes mainline and point of connection locations); c. Master Planting Plan (includes landscape concept statement); d. Brush Management Plan (identifies brush management zones and treatment, if any); e. Hardscape Concept and Trail Plan (identifies types and finishes of paving); f. Utility Coordination Plan (includes locations of major utility boxes and vaults); g. Conceptual WaIl and Fence Plan (includes the previously approved noise barrier plan); and h. Monumentation and Signage Plan (includes enlargements of entry monument locations and signage concepts) 88. Within 90 days of approval of the applicable fmal "B" Map, enter into a maintenance agreement and grant easements as necessary for landscaping and improvements maintained by a Homeowners Association within City right-of-way or such other public areas required by the City. (Engineering, General Services) Page 16 of33 89. Prior to the issuance of each grading permit for the Project, the Applicant shall prepare, submit, 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, General Services) 90. Prior to the approval of any final "B" Map for the Project, the Applicant shaIl obtain approval of a Wall and Fence Plan from the Director of Planning and Building. The Wall and Fence Plan shall be in conformance with the Village Seven SPA plan and shall identify location of walls, constructions materials and color, and wall and fence types. The plan shall also identifY location and type of trial signage proposed throughout the development. Final wall design, location and construction details, including fencing and signage, shall be shown on the Wall and Fence Plans and shall be subject to approval by the Director of Planning & Building. (Planning) 91. The conceptual Wall and Fence Plan for the Project shall be included in the Project's Landscape Master Plan and shaIl indicate color, materials, height and location. Materials and color used shall be compatible and all waIls located in corner side-yards or rear yards facing public or private streets or pedestrian connections shaIl be constructed of a. decorative masonry and/or wrought iron material. View fencing shall be provided at the ends of all other open cul-de-sacs where a sound wall is not required. All waIls shall be constructed pursuant to Final EIR 04-06 and the Village Seven SPA Plan. Upon request of the Director of General Services, Applicant shall update the Project's Landscape Master Plan to conform to any substantial changes made subsequent to the initial approval of the Plan (Planning, General Services) 92. Prior to Applicant constructing a solid masonry, view wall or like wall which will adjoin a wall constructed by a different developer, a transition wall plan shaIl be submitted to the City and is subject to the approval of the Director of Planning and Building. Applicant shall work together with other developers of Village Seven to the satisfaction of the Director of Planning and Building in order to construct transitions between adjoining waIls. (Planning) 93. Prior to the issuance of each street construction permit for the Proj ect, the Applicant shaIl prepare and secure, to the satisfaction of the City Engineer and the Director of General Services, street improvement Landscape & Irrigation Plans. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and the ViIlage Seven 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. (General Services, Engineering) Page 17 of33 94. Prior to the approval of the first "A" Map, the Applicant may enter into an agreement with the City of Chu1a Vista to pay a portion of the Park Development Fees, which in the discretion of the Director of General Services, is sufficient to fund the design of the neighborhood park. The balance of the PAD Fee obligation shall be met in the manner stated in CVMC Section 17.10.100, collection and distribution of fees. In the absence of a written agreement provided for herein, the applicant shall pay all applicable PAD fees prior to the recordation of the first Final Map, whether an "A" or "B" Map. (General Services) TRAILS 95. All trails shall be bonded/secured and constructed with the approved rough grading, and connect to adjoining existing and/or proposed trails in neighboring development projects, as determined by the Directors of Planning and Building and General Services. (Planning, General Services) 96. The Regional Trial shall be extended off-site easterly to connect with the Village Pathway on Magdalena to the satisfaction of the Director of General Services. When trails extend to the property limits and are intended to continue into an adjacent property, Developer(s) agree(s) to coordinate alignments, trail and fencing materials and construction methods so as to provide a seamless transition from one ownership to another. (General Services) 97. Prior to the approval of any Final Map with open space lots for the Project, Applicant shall provide an easement to the City, in a form approved by the City Attorney, for all trail alignments. (General Services) 98. The Applicant shall, concurrent with the construction of the Wolf Canyon channel and Detention Basins, construct a "Regional Trail" along the south side of the channel and basin from Magdalena A venue to La Media Road as depicted on the Parks, Trails and Open Space Plan in the Village Seven SPA Plan, which shall be designed to incorporate the Project's Landscape Master Plan as approved by the City and as may be amended from time to time. The regional trail design shall be suitable for H-20 loading. (General Services, Engineering) 99. The Applicant shall, concurrent with the construction of La Media Road improvements, construct a "Regional Trail" along the east side of the street from Wolf Canyon to Santa Luna Street as depicted on the Parks, Trails and Open Space Plan in the Village Seven SPA Plan, and shall be designed to incorporate the Project's Landscape Master Plan as approved by the City and as may be amended from time to time. (General Services) 100. 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. Slope 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 andmodified landform grading cannot accommodate any constraints or maintenance access areas, the top of slope shall be adjusted, as City deems necessary. (General Services) Page 18 of33 101. Neighborhood connector trails located Within the Project shall provide a minimum 6-foot wide decomposed granite (DG) or cement treated base (CTB) trail bed, or as approved by the Director of General Services. Where down slopes (exceeding 4:1) occur adjacent to the trial, an additional 4-foot graded shoulder shall be provided with split-rail fencing centered in the shoulder. Where up slopes occur adjacent to the trail a 2-foot shoulder (with a 2% maximum cross-slope) shaH be provided. Shoulders shall be planted and irrigated in accordance with the most current edition of the Chula Vista Landscape Manuel, as amended from time to time. All trail construction materials shall be subject to the approval pf the Director of General Services. (General Services, Public Works) 102. Applicant shall obtain the approval of the Director of Planning and Building for appropriate signage indicating location of trail connections, handicap access, and bikeway locations to the Regional Trail, Village Pathway, and ChuIa Vista Greenbelt. Said signage shaH be included on the WaIl and Fence Plan. Signage shall be installed upon the request of the Director of Planning and Building. (Planning) 103. Applicant agrees to comply with the current Regulatory Negotiation Committee Recommendations for Accessibility Guidelines: Outdoor Developed Areas Final Report, as may be amended from time to time, developed for: U.S. Architectural and Transportation Barriers Compliance Board when designing all trails and trail connections. (General Services) OPEN SPACE/ASSESSMENTS 104. In the event Developer wishes to request the formation of a Maintenance District or similar funding mechanism, the Developer shaH submit an application packet for formation of a Community Facilities District (CFD), and submit the request for CFD formation to the City Council for consideration. The CFD shaIl be formed prior to approval of the first "B" Map for the Project. Subject to the approval of the Director of Public Works, Developer shall submit a list of amenities, acreage and costs for all Open Space District lots including but not limited to the cost of any detention basin maintenance and structural storm water quality BMP's within the Project. Developer shall maintain the open space improvements for a minimum period of one year or until such time as accepted into the open space district by the Director of Public Works. If Council does not approve the CFD formation, another financing mechanism such as a Master Homeowners Association, or an endowment shall be established and submitted to the City Council for consideration prior to approval of the first Map Along with submission of the application package for formation of the CFD, Developer shall submit an initial cash deposit in an amount to be determined by the City Engineer to begin the process of formation of the Open Space District. All costs of formation and other costs associated with the processing of the open space relating to this Project shall be borne by the Developer. The Developer shall provide all the necessary information and materials (e.g., tables, diagrams, etc.) required by the City Engineer for processing the formation of the proposed open space district. (Public Works) 105. Prior to the approval of the first final "B" Map, the developer shaH: a. Submit evidence, acceptable to the City_ Engineer and the Director of Planning and Building of the formation of a Master Homeowner's Association (MHOA), or another Page 19 of33 fmancial mechanism acceptable to the City Manager. The MHOA shaIl be responsible for the maintenance of those landscaping improvements that are not to be included in the proposed financial mechanism. The City Engineer and the Director of Planning and Building may require that some of those improvements shaIl 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 MHOA shaIl be made during the Open Space District Proceedings. The MHOA shaIl be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning and Building require such annexation of future tentative map areas. The MHOA formation documents shall be subject to the approval ofthe City Attorney; and, b. The developer shall submit for City's approval the CC&Rs, grant of easements and maintenance standards and responsibility of the MHOAs for the open space areas within the Project area. Developer shall acknowledge that the MHOAs maintenance of public open space, trails, parkways, and like areas may expose the City to liability. Developer agrees to establish a MHOA that wiIl hold the City harmles& from any actions of the MHOA 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 Otay Ranch Village Seven SPA and MHOA facilities and other items to be maintained by the proposed district. Separate lists shaIl be submitted for the improvements and facilities to be maintained by the Open Space District and those to be maintained by a Master Homeowner's Association. Include a description, quantity and cost per year for the perpetual maintenance of said improvements. These lists shall include but are not limited to the foIl owing facilities and improvements: 1. AIl facilities located on open space lots to include but not be limited to: waIls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures and landscaping. Each open space lot shaIl also be broken down by the number of acres of: I) turf, 2) irrigated, and 3) non-irrigated open space to aid in the estimation of a maintenance budget thereof. n. The proportional share of medians and parkways along La Media Road, Magdalena Avenue and Birch Road (onsite and offsite) and all other street parkways proposed for maintenance by the applicable Community Facilities District or Homeowners' Association. 111. The detention basin located in Wolf Canyon. IV. All storm-water quality structural BMP's serving the Project. (Engineering) 106. Developer shaIl irrevocably offer for dedication in fee interest to the City on all applicable Final Maps, those open space lots shown on the tentative map to be maintained by an open space district. (Engineering) 107. Prior to the approval of each Final "B" Map, Declaration or Supplementary Declaration of Covenants, Conditions, and Restrictions (CC&R's) shaIl be submitted and subject to the approval of the City Engineer. The CC&R's shaIl include the foIlowing obligations of the Master Homeowners Association: Page 20 of 33 -~-~~- . . a. A requirement that the MHOA shall maintain comprehensive genera1liability insurance against liability incident to ownership or use of the following areas: 1. All open space lots that shall remain private, 11. Other Master Association 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 approved by the City. The MHOA 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 MHOA. c. The MHOA shall defend, indemnify and hold harmless the City and its agents, officers and employee from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the MHOA. d. The MHOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of the City and 100 percent of the holders of first mortgages or property owners within the MHOA. e. The MHOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured to the satisfaction of the City Attorney. f. The CC&R's shaIl 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 MHOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. 1. The CC&R' s shall include provisions that provide the City has the right but not the obligation to enforce the CC&R provisions the same as any owner in the Project. J. The CC&R provisions setting forth restrictions in these Tentative Map conditions may not be revised at any time without prior written permission of the City. k. The MHOA shall not dedicate or convey for public streets, land used for private streets without approval of 100% of all the HOA members or holder of first mortgages within the MHOA. 1. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shaH also include language which states that any proposal by the HOA to allow "speed bumps" in the future shall require prior written approval of 100% of all the Homeowners Association members. (Engineering, Planning) Page 21 of33 108. Future property owners shall be notified during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of the MHOA and their estimated annual cost. Developer shall submit the document and obtain the approval of the City Engineer and Director of Planning and Building prior to distribution through escrow, which approval shall not be unreasonably withheld. (Engineering, Planning) 109. The CPF lot shall be maintained by a maintenance entity as determined by the Director of Planning and Building based on City Council policy. The facilities in the CPF Lot shall be maintained by a maintenance entity include, but are not limited to: pavements, sidewalks, street lights including power supply, private drainage facilities and landscaping of private common areas. The CPF Lot, Common Usable Open Space area as described in the Chula Vista Design Manual, shall be landscaped, graded and contains amenities to the satisfaction of the Director Planning & Building. Construction shaIl be completed prior to the issuance of the final building permit. (Engineering, General Services) 110. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the length of any wall abutting an open space district lot, as measured from face-of-wall to beginning of slope. Said area shall be as approved by the City Engineer and the Director of Planning and Building. (Engineering, Planning) II 1. Developer shall ensure that all buyers of individual lots adjoining open space lots, containing walls maintained by the open space district, sign a statement, when purchasing their homes, stipulating that they are aware that the walls are on City or HOA property and that they shall not modifY or supplement the wall or encroach onto the property. These restrictions shall also be incorporated in the CC&R' s for all lots. (Engineering) 112. 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 are incorporated into and maintained by a Home Owner's Association or an Open Space District. (Engineering, General Services) 113. The developer agrees to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within or adjacent to the subject subdivision. (Engineering) 114. Street parkways within the Project shall be maintained by an entity such as a Master Home Owner's Association (MHOA) or a Community Facilities District (CFD); private homeowners shall not maintain the parkways. Street parkways shall be designated as recycled water use areas, if approved by the Otay Water District and San Diego County Health. (Engineering, General Services) 115. Prior to issuance of any grading permit which includes permanent Landscaping and Irrigation (L&I) improvements to be installed in an open space lot to be maintained by the Community Facility District (CFD), the developer shall place a cash deposit, or other funding mechanism acceptable to the City, in the City's sole discretion, with the City which will guarantee the maintenance of the L&I improvements until the City accepts said improvements. In the event the improvements are not maintained to City standards as determined by the City Engineer and the Director General Services, the deposit shall be used Page 22 of33 to perform the maintenance. The amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months, ("Minimum Deposit Amount"), as determined by the City Engineer. Any unused portion of said deposit may be incorporated into the CFD's Reserve Account, or returned to the Developer, according to the following: a. If, six months prior to the scheduled date of acceptance of Landscape and Irrigation improvements for maintenance by the CFD, the Reserve Account is less than the Minimum Deposit Amount, the difference between these two amounts shall be incorporated into the Reserve Account, or; b. If the Reserve Account is at or above the Minimum Deposit Amount, the unused portion of the deposit may be returned to the Developer in 6 equal monthly increments over the last six months of the maintenance period if the maintenance is being accomplished to the satisfaction of the Director of General Services. (Engineering. General Services) WATER 116. Prior to City acceptance of any open space lots, the Developer shall demonstrate to the satisfaction of the City Engineer, 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) 117. 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 Applicant shall phase and install water system improvements as required by the Otay Water District. (Engineering, Planning) 118. Prior to approval of each Final Map, the Applicant shall present verification to the City Engineer in the form of a letter from Otay Water District that Otay Water District is able to provide sufficient water supply pursuant to Section 66473.7 of the California Government Code, as may be amended from time to time. (Engineering) 119. Prior to approval of the first Final Map for the Project, the Developer(s) shaIl provide a Subarea Master Plan (SAMP) for Village Seven, as approved by Otay Water District (OWD), which will also include an analysis of recycled water for open space slopes. When said SAMP is approved, the Developer(s) shall provide the water and recycled water improvements in accordance with the SAMP. The SAMP shall be consistent with the SPA Plan. If the SAMP is inconsistent with the SPA Plan, the Developer(s) shall be responsible for obtaining the approval by OWD of any amendment to the Village Seven SAMP in order for the Village Seven SAMP to be consistent with the approved SPA Plan prior to the approval of the first Map for the Project. (Engineering) EASEMENTS 120. Grant to the City a 10' wide easement for general utility purposes along public street frontage of all open space lots offered for dedication to the City unless otherwise approved Page 23 of 33 by the City Engineer. Ensure that sufficient room is available for street tree planting when locating utilities within this easement. (Engineering) 121. Indicate on all appropriate "B" 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 "B" Map, all off-site right-of- way necessary for the installation of the required improvements for that subdivision thereto. 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 subject subdivision. (Engineering) 122. Grant on the applicable Final Maps sight distance easements to the City of ChuIa Vista for corner lots, as required by the City Engineer to keep such areas clear of any obstructions. Sight distance easements shall be shown on applicable grading plans, improvement plans, and Final Maps, to the satisfaction of the City Engineer. (Engineering) 123. Design landscape and irrigation plans such that street tree placement is not in conflict with the visibility of any traffic signage. The Developer shall be responsible for the removal of any obstructions of said traffic signs to the satisfaction of the City Engineer. (Engineering) 124. 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) 125. Grant to City on all appropriate final "B" Map, a 2-foot access easements along the rear and side property line ofIots adjoining walls to be maintained by the open space district. The locations of these easements shaIl be as required by the Director of Planning and Building and the City Engineer to provide adequate access for maintenance of said walls. (Engineering) 126. Stonn drain easements shall be private unless the stonn drain systems therein are public. (Engineering) 127. Where a private stonn drain easement will parallel a public sewer easement, the easements shall be delineated separately on the Final Map and on the grading and improvement plans. If any portion of the easements wiIl overlap one another, the City shall have a superior right to the common portion ofthe easements. (Engineering) 128. Prior to the approval of each Final Map for the Project, 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) 129. The developer shaIl notifY the City at least 60 days prior to consideration of the first Map for the Project by City if any off-site right-of-way cannot be obtained as required by the Conditions of Approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the developer shall: Page 24 of 33 a. Pay the full cost of acquiring off-site right-of-way and/or easements required by the Conditions of Approval of the tentative map. b. Deposit with the City the estimated cost of acquiring said right-of-way and/or easements. Said estimate to be approved by the City Engineer. c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the Final Map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. e. Acquire and bond for offsite rights-of-way and easements to be dedicated to the City in order to comply with the PFFP schedule. Applicant shall bond for the off-site improvements as required by the City Engineer. (Engineering) 130. Grant on the Final Maps minimum 15' wide easements to the City of Chula Vista as required by the City Engineer for construction and maintenance of sewer facilities. (Engineering) 131. Provide minimum 15' wide easements to the City ofChula Vista as required by the City Engineer for construction and maintenance of storm drain facilities. (Engineering) 132. Provide easements for all off-site public storm drains and sewer facilities prior to approval of each Final Map for the Project requiring those facilities. The easements shall be sized as required by the City of Chula Vista Standards, unless otherwise approved by the City Engineer. (Engineering) 133. 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) 134. Grant on the appropriate Final Map, a 20-foot minimum sewer and access easement for sewer lines located between residential units, unless otherwise required by the City Engineer. AIl other easements shall meet City standards for required width. (Engineering) 135. Additional easement widths shall be granted to the satisfactiqn of the City Engineer and the Director of General Services to accommodate a 10-foot Regional Trial on the eastside of La Media Road from Wolf Canyon to Santa Luna Street. AGREEMENTS/FINANCIAL 136. Enter into a supplemental agreement with.the City, prior to approval of each Final Map for the Project, where the developer agrees to the foIlowing: Page 25 of 33 a. That the City may withhold building permits for the Project in order to have the Project comply with the Growth Management Program, as may be amended from time to time, or if anyone ofthe foIlowing occur: I. Regional development threshold limits set by a Chu1a Vista transportation-phasing plan, as amended from time to time, have been reached. 11. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. 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 City Engineer. The Applicant agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch Village Seven SPA if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. Page 26 of 33 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 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 Applicant of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. Permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit and provide cable television service for each lot or unit within the Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the Final Map only to those cable television companies franchised by the City of Chula Vista, the condition of such grant being that: 1. Such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate the placement of such conduits; and n. Any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. 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. To defend, indemnifY and hold harmless the City and its agents, officers and employees, from any liability for erosion, siltation or increase flow of drainage resulting from this Project. (Engineering, Planning) 137. The Applicant shall enter into an supplemental agreement with the City prior to approval of the first final "B" Map, where the developer agrees to the following: 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 ofregional facilities. (Engineering) Page 27 of 33 138. Prior to approval of each Final Map for the Project, the Applicant shall comply with all previous agreements as they pertain to this tentative map. (Engineering, Planning) 139. Prior to approval of each Final Map for the Project, the Applicant shall contract with the City's current street sweeping franchisee, or other server approved by the Director of Public Works to provide street sweeping for each phase of development on a frequency and level of service 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) 140. The Applicant 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 Applicant shall enter into an agreement, prior to approval of the first Map, with the City which states that the Applicant will not protest the formation of any potential future regional benefit assessment district formed to finance regional facilities. (Engineering) 141. Prior to approval of the applicable Final Map for the Project, Applicant shall construct and secure, or agree to construct and secure, the construction of transit stop facilities as set forth in the PFFP. The schedule for constructing the transit stops shall be approved or determined by the City Engineer prior to approval of the aforementioned Final Map. Applicant shall design, subject to the approval of the City Engineer said transit stops in conjunction with the improvement plans for the related street. The City Engineer may require that Applicant provide security guaranteeing the construction of said transit stops in a form of cash or any other form approved by the City Engineer at his/her sole discretion. Since transit service availability may not coincide with project development, the Applicant shall install said improvements when directed by the City. (Public Works/Transit) 142. No fmal "B" Maps may be recorded within Village Seven SPA area until such time that an annex able Mello Roos District, or some other financing mechanism approved by the school district, to provide for the construction of needed elementary, middle and high schools is established. (Engineering) 143. Prior to approval of the first final "A" Map for the Project in order to satisfY their fair- share contribution for financing the transit system, the Applicant shall enter into an agreement with the City which states that the Applicant will not protest the formation of any potential future regional benefit assessment district formed to finance the transit system. (Engineering) 144. 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, General Services) Page 28 of33 145. The Developer shall enter into an agreement with the City of Chula Vista, prior to approval of Developers' first Final Map, regarding the provision of affordable housing. Such agreements shall be in accordance with the Chula Vista Housing Element, the Ranch Wide Affordable Housing Plan and the Village Seven Affordable Housing Plan. (Engineering) MISCELLANEOUS 146. The Developer shaH implement the final AQIP measures as approved by the City Council, and as may be amended from time to time, and to comply and remain in compliance with the Air Quality Improvement Plan (AQIP). (Planning) 147. The Developer acknowledges that the City Council may, from time-to-time, modifY air quality improvement and energy conservation measures as technologies and/or programs change or become available. The Developer shall modifY the AQIP to incorporate those new measures upon request of the City, which are in effect at the time, prior to or concurrent with each Map approval within the Project. The new measures shaH apply to development within all future map areas, but shaH not be retroactive to those areas, which receive Final Map approval prior to effect of the subject new measures. The Developer acknow1edges and agrees that the City has adopted the City of Chula Vista Air Quality Improvement Plan Guidelines (AQIP Guidelines) as approved per Resolution No. 2003-260 and that such guidelines as approved and as may be amended from time-to-time shaH be implemented. (Planning) 148. The Developer shaH implement the final WCP measures as approved by the City Council, and as may be amended from time to time, and to comply and remain in compliance with the Water Conservation Plan (WCP). (Planning) 149. The Developer acknowledges that the City Council may, from time-to-time, modifY water conservation measures as technologies and/or programs change or become available. The Developer shall modifY the WCP to incorporate those new measures upon request of the City, which are in effect at the time, prior to or concurrent with each Map approval within the Project. The new measures shall apply to development within aH future map areas, but shaH not be retroactive to those areas, which receive Final Map approval prior to effect of the subject new measures. The Developer acknowledges and agrees that the City has adopted the City ofChula Vista Water Conservation Plan Guidelines (WCP Guidelines) as approved per Resolution No. 2003-234 and that such guidelines as approved and as may be amended from time-to-time shaH be implemented. (Planning) 150. The Applicant shall install all public facilities in accordance with the Village Seven Public Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold standards adopted by the City. The City Engineer may modifY the sequence of improvement construction should conditions change to warrant such a revision. The Applicant further agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management Ordinance) as may be amended from time to time by the City. Said Chapter includes but is not limited to Threshold Standards (19.09.040) Public Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures (19.09.100). (Engineering) Page 29 of33 151. The Applicant agrees that the maintenance and demolition of all interim facilities (public facilities, utilities and improvements) is the Applicant's responsibility, and that construction, maintenance and demolition bonds will be required to the satisfaction of the City Engineer. (Engineering) 152. Within thirty (30) days of the City Council approval of these Map conditions, or prior to the submittal of the first Map for the Project, whichever occurs earlier, 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 Arc View (GIS) fonnat and shall contain the following individual layers: a. Tentative Map Limits (closed polygons) b. Lot Lines (closed polygons) c. Street Centerlines (poly lines) d. Easements (polylines) e. Street Names (annotation) f. Lot Numbers (annotation) The digital drawing file shall be submitted in accordance with the City Guidelines for Digital Submittal on 3W' disks or CD, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. (Engineering) 153. Submit copies of all subsequent Tentative Maps, Final 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 Arc View (GIS) format and shall contain the following individual layers: a. Tentative and/or Final Map Boundaries (closed polygons) b. Lot Lines (closed polygons) c. Street CenterIines (poly lines) d. Easements (polylines) e. Street Names (annotation) f. Lot Numbers (annotation) g. Open Space maintenance areas with maintenance codes (polygons, annotation) h. Public and private structural BMP's (annotation) The Tentative Map, Final Map, grading plan and improvement plan 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 3Y2' disks or CD, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. (Engineering) 154. On each Final Map, the boundary of the subdivision shall be tied to the California State Plane Coordinate System (NAD 83, Zone 6). (Engineering) 155. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CYMC) and the Otay Ranch General Development Plan (GDP), and as they may be amended Page 30 of33 from time to time, the Applicant shall complete the following: (1) Fund a fair share of the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services govemed by the threshold 'standards. An annual review shaIl commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifYing targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. (Engineering) 156. The owners of each Village shall be responsible for retaining a project manager to coordinate the processing of discretionary permit applications originating from the private sector and submitted to the City of Chula Vista. The project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well-rounded educational background and experience, including but not limited to land use planning and architecture. (Planning) 157. If Developer desires to do certain work on the property after approval of the tentative map but prior to recordation of the applicable final "B" Map, they may do so by obtaining the required approvals and permits fÌom 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 constitute a guarantee that subsequent submittals (i.e., final "B" Map and improvement plans) will be approved. All work performed by the Developer prior to approval of the applicable "B" Map shall be at the developers own risk. Prior to permit issuance, the Developer shall acknowledge in writing that subsequent submittals (i.e., final "B" Map and improvement plans) may require extensive changes, at developers cost, to work done under such early permit. Prior to the issuance of a permit, the developer 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 "B" Map does not record. (Engineering) PHASING 158. Phasing approved with the SPA Plan may be amended subject to approval by the Director of Planning and Building and the City Engineer. The PFFP shall be revised where necessary to reflect the revised phasing plan. (Planning and Building, Engineering) 159. If phasing is proposed within an individual map or through multiple Final Maps, the developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning and Building prior to approval of any Final Map. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning and Building. The City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Director of Planning and Building may, at their discretion, modifY the sequence of improvement construction should conditions Page 31 of33 change to warrant such a revision. The developer agrees that the City Engineer may change the timing of construction of the public facilities. (Engineering) 160. The Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and tentative maps with improvements installed by Applicant in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. 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 Village Seven SPA, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other Village Seven SPA Plan document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the Village Seven SPAs facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern Village Seven SPA development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any transportation phasing plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer and Director of Planning and Building may, at their discretion, modifY the sequence, schedule, alignment and design of improvement construction should conditions change to warrant such a revision. (Engineering) 161. Unless access, drainage and utilities are shown on the master Tentative Map to the satisfaction of the City Engineer and the Director of Planning and Building, prior to approval of any Final Map proposing the creation of multi-family housing for the Project, including any condominium project, community apartment project, or stock cooperative, as defined in the applicable sections of the Government Code, Developer shall agree to process, and thereafter process, a subsequent tentative map for said proposed condominium, community apartment, or stock cooperative project within the Project pursuant to Section 66426 of the Subdivision Map Act, unless waived in writing by the Director of Planning and Building and the City Engineer. (Engineering, Planning) CODE REQUIREMENTS 162. The Applicant shall comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map 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) 163. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impact fee. e. Poggi Canyon or Salt Creek Sewer Basin DIF as applicable. Page 32 of 33 Pay the amount of said fees m effect at the time of issuance of building permits. (Engineering) 164. 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) 165. 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) 166. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as rnay be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). (Engineering) REVISED TENTATIVE MAP CONDITIONS 167. Contribute fair share of the cost needed to complete the regional trail crossmg at Magdalena Avenue. 168. The sidewalk shown in Detail "A" (Modified Cul-De-Sac) on Sheet I shall be 7-ft. wide around the curve and shown on the improvement plans. 169. The trails identified in Details "G" and "J" on Sheet 2 shaH be identified as "Regional Trail" on the rough grading pJans. 170. Provide a plan view layout of the 10-ft. D. G. Regional Trail on the east side of La Media Road to show its relationship to the 5-ft. sidewalk on Sheet 3. This layout shall be shown on the rough grading plans for the project. 171. The wall in Detail "D" on Sheet 4 to be located along Magdalena Avenue is to be CFD maintained, and the entire wall, including cap and footing, shaH be located within the Magdalena Avenue right-of-way on the rough grading plans. J :\PLANNING\HAROLD\RESOLUTIONS\PCS-05-09REVISEDTM-ExHIBITB.DOC Page 33 of33