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HomeMy WebLinkAboutReso 2006-1572006-0458126 ., . PLEASE COMPLETE THIS INFORMATION. DOC it ?O(l6~~0458126 ! IIIIII!I 11111111111111111111111 111111111111111 11111111111111111111111 RECORDING REQUESTED BY C I~ of C\:-h.<L.A V,C,TIt JUN 28 2006 3'07 PM AND WHEN RECORDED MAIL TO' c.,T\1, C.l~ /, /p c...f -p... A"e;. CI-\vI \rA. \)(~ I L:.I\ q,qlo C1FF:CI..:>.L HECUFi~<, -.pJ~ i IIFI...-II IIUt'JT'1 HELUf-:LiL!.,',_, UFr-II~t i~Hr_hU~:'1 ,I ':,MI rH i rlllr~ ['I hlU IHf!EF: FEE' ,', uO P",I~E", 44 Illllli IIII! 11111 1111I 11111 1111I 11111 11111 111I1 11111 Iii 1IIIIIIIIIIilllllllililll E W. ~f At Itor' 12 ESoLLtTlon tv O. z..oc,(o.-\ <> ] (Please fill in document tille( s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rec.Form #R25 RESOLUTION NO. 2006-157 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR VILLAGE TWO AND A PORTION OF VILLAGE FOUR OF THE OT A Y RANCH WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached hereto and described on Chula Vista Tract 06-05, and is commonly known as Otay Ranch, Village Two and a Portion of Village Four (Property); and WHEREAS, Otay Project L.P. (Applicant) filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as "Otay Ranch Village Two and a Portion of Village Four, Chula Vista Tract 06-05", (Project), with the Planning and Building Department of the City ofChula Vista on October 13,2005; and WHEREAS, the application requests the approval for the subdivision of approximately 702.5 acres of land known as "Otay Ranch, Village Two and a Portion of Village Four" located at the western edge of the Otay Valley Parcel, between the future extension alignment of La Media Road to the east, Olympic Parkway to the north, Wolf Canyon and the Otay Landfill to the south and the Sunbow Planning area and the Otay Landfill to the west. The portion of Village Four included in this application is generally located west of the future extension of La Media Road, south and east of Wolf Canyon and north of the remaining portions of Village Four; and WHEREAS, the Property is also the subject matter of an amendment to the Otay Ranch General Development Plan (GDP) adopted by City Council by Resolution No.2006-155; and WHEREAS, the Project was included in the environmental evaluation of said amended GDP, which relied in part on the original Otay Ranch General Development Plan Program Environmental Impact Report 90-01, and the Village Two, Three and a Portion of Four Second- Tier Environmental Impact Report (EIR 02-02) (SCH#2003091012), the candidate CEQA Findings and Mitigation Monitoring and Reporting Program; and WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch, Village Two and a Portion of Village Four Tentative Subdivision Map (C.V.T. 06-05) 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 ofthe 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. May 10, 2006, in the Council Chambers located in the Administration Building, 276 Fourth Avenue, and the Planning Commission voted 5-0 to approved Planning Commission Resolution PCS-06-05 recommending to the City Council approval of the Tentative Subdivision Map for Village Two and a Portion of Four; and Resolution No. 2006-157 Page 2 WHEREAS, a public hearing was scheduled before the City Council of the City of Chula _ Vista on the Otay Ranch, Village Two and a Portion of Village Four Tentative Subdivision Map. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on May 10, 2006, 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 ofthe proceedings for any California Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Second- Tier Final EIR 02-02, would have no new effects that were not examined in said Final EIR (Guideline 15168 (c)(2)). III. ACTION The City Council hereby approves the resolution approving the Otay Ranch, Village Two and a Portion of Village Four Tentative Map, Chula Vista Tract 06-05 involving 702.5 acres of land known as "Otay Ranch, Village Two and a Portion of Village Four" in this resolution, finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Village Two, Three and a Portion of Four 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 Two and a Portion of Village Four Tentative Subdivision Map (C.V.T. 00-05)" as conditioned, attached as Exhibit "B" to this resolution, hereto for Otay Project L.P., is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Village Two, Three and a Portion of Four Sectional Planning Area (SPA) Plan, based on the following: 1. Land Use The Project is in a planned community that provides single-family and multi-family residential uses, mixed-use, industrial, parks, schools, community purpose facilities and open space and other uses authorized by the Village Two, Three and a Portion of Four Sectional Planning Area (SPA) Plan. .'-'.''', Resolution No. 2006-157 Page 3 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 Two, Three and a Portion of Four SPA Plan. The Applicant shall construct those facilities in accordance with City and Otay Ranch Village Two, Three and a Portion of Four SPA Plan standards. 3. Housing An affordable housing agreement between the City and Otay Project L.P. (Master Developer) will be executed subsequent to the approval of the Tentative Map and is applicable to subject Project providing for low and moderate-income households. 4. Parks, Recreation and Open Space Parks, recreation and open space will be conditioned under Tentative Map conditions to provide local Neighborhood parkland and Community parkland. Construction of parkland and open space and programmable recreation facilities are the responsibility of the Applicant 5. Conservation The Program EIR and FEIR's addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals and policies. The Otay Ranch Phase Two Resource Management Plan requires conveyance of 1.18 acres of land to the Otay Ranch Preserve for every one-acre of developed land prior to approval of any Final Map. 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity of the Project according to the Otay Ranch Village Two, Three and a Portion of Four SPA Geotechnical Reconnaissance Report. 7. Public Safety All public and private facilities are expected to be reachable within the threshold response times for fire and police services. Resolution No. 2006-157 Page 4 8. Public Facilities - The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major projects in the eastern territories. 9. Noise The Project may include noise attenuation walls under review in an acoustic study currently being prepared for the Project. In addition, all units are required to meet the standards of the Uniform Building Code with regard to acceptable interior noise levels. 10. Scenic Highway The roadway design provides wide landscaped buffers along Olympic Parkway the only General Plan, GDP/SRP scenic highway adjacent to the Project. 11. Bicycle Routes ~ The Project is required to provide on-site bicycle routes on the Project as indicated in the regional circulation system of the General Plan and the Otay Ranch GDP. 12. Public Buildings Public buildings are not proposed on the Project site as part of the community purpose facility locations. The Project is subject to appropriate residential fees prior to issuance of building permits. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. V. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "B", attached hereto. - Resolution No. 2006-157 Page 5 VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. VII. INV ALIDITY; AUTOMATIC REVOCA nON 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 ~~\<\\i~~ Ann Moore City Attorney "r- Resolution No. 2006-157 Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, - California, this 23rd day of May 2006 by the following vote: AYES: Councilmembers: Castaneda, Chavez, McCann, Rindone, and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None g:/j!,J CiJ~ Stephen C. Padilla, Mayor ATTEST: ~Q. JIQ/V" !, f Susan Bigelow';'MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) - I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2006-157 was duly passed, approved, and adopted by the City Council at a regular meeting ofthe Chula Vista City Council held on the 23rd day of May 2006. Executed this 23rd day of May 2006. ~~~ t Susan Bigelow, MMC, City Clerk - Resolution No. 2006-157 Page 7 ..... CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C9 APPLICANT: The Otay Ranch Company PROJECT South of Olympic Pkwy and Village 2, 3 and 4 (Portion) Tentative Map. ADDRESS: East of Otay Landfill. SCALE: No Scale Exhibit A NORTH Resolution No. 2006-157 Page 8 Exhibit "B" Otay Ranch Village Two Tentative Subdivision Map (CVT 06-05) ~..~ CONDITIONS OF APPROVAL 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 & 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 shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such 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. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the term "Developer" shall also mean "Applicant". (Planning) -, 2. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual; Chula Vista Design 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 Two, Three and a Portion of Four Sectional Planning Area (SPA) and Tentative Maps (TMs) Final Second-Tier Environmental Impact Report (Final EIR 02-02 ) and associated Mitigation Monitoring and Reporting Program (MMRP); Otay Ranch Village Two, Three and a Portion of Four 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 ~, Resolution No. 2006-157 Pagfe~oke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The 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 Two, Three and a Portion of Four SPA, Tentative Maps, and Second Tier EIR (EIR 02-02) 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 shall comply with all applicable Village Two, Three and a Portion of Four SPA conditions of approval, as may be amended from time to time. (Planning) 6. Prior to the approval of the first "B" Map for the Project, Applicant shall prepare and submit, to the satisfaction of, and as deemed necessary by the Director of Planning & Building, an updated Sectional Planning Area (SPA) Plan, and supporting regulating documents including, but not limited to text, exhibits, and tables for the Village Two, Three and a Portion of Four SPA Plan; Planned Community District Regulations; Village 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 (FIND) 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 shall 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 shall adhere to the GDP/SRP, as amended from time-to-time. (Planning) 9. In accordance with mitigation measure of the Final ElR 02-02 and associated MMRP, no units within the project area shall be constructed which would result in the total number of units within the Eastern Territories exceeding 8,999 units, prior to the construction ofSR-125 between SR-54 and 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: (1) SR-125 is constructed and open between SR-54 and Olympic Parkway; and (2) traffic studies, prepared to the satisfaction of the City Engineer and the City Council, demonstrate that the opening of SR-125 to Olympic Parkway Resolution No. 2006-157 Page 1Brovides additional capacity to mitigate the project's cumulative significant traffic impacts to a level below significance without exceeding GMOC traffic threshold standards. Alternatively, the City may issue building permits if the City Council, in its sole discretion, has approved an alternative method to implement the City's Growth Management Ordinance, as may be amended from time to time. (Engineering, Planning) - 10. The Applicant shall comply with the terms of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"), to the satisfaction of the Director of Planning & Building. (Planning) ENVIRONMENTAL 11. The Applicant shall implement, to the satisfaction of the Director of Planning & Building and Environmental Review Coordinator, all environmental impact mitigation measures identified in Final EIR 02-02 (SCH# 2003091012), 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 02-02 (SCH# 2003091012) 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) approved by City Council on October 28, 1993, and the Otay Ranch, Phase 2 Resource Management Plan (RMP 2) approved by City Council on June 4, 1996, as either 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, Resource Management Plan to the satisfaction of the Director of Planning & Building. (Planning) 16. Prior to the approval of each final "B" Map for the Project, Applicant shall comply with all requirements of the Village Two, Three and a Portion of Four SPA Plan Agricultural Plan. (Planning) 17. 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 convey land to the Preserve. Where an easement is conveyed, the Developer agrees to -, Resolution No. 2006-157 Pagprblvide 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 1 and 2 RMP guidelines until such time when the POM has accepted the conveyance property. (Planning) 18. Prior to approval of any Final "B" Map for the Project with any residential uses, Developer shall annex the Project area into Improvement Area "A" of the Otay Ranch Preserve Maintenance District (CFD. No. 97-02). (Environmental, Engineering) 19. Prior to approval of the first Final "B" Map for the Project the Developer hereby agrees to satisfy the preserve conveyance obligation for the non-arterial roads, future reciprocal private easements and utility easements included in "Chula Vista Tract No. 06-05 Otay Ranch Village 2 and Potions of Village 4 "A" Map" as said conveyance obligation is set forth in the Otay Ranch Resource Management Plan (RMP) approved by City Council on October 28, 1993, and the Otay Ranch Phase 2 Resource Management Plan (RMP 2) approved by City Council on June 4, 1996, as either document may be amended from time to time by the City (Engineering, Planning) SPECIAL CONDITIONS OF APPROVAL 20. Prior to approval of building permit for single-family areas where second floor exterior noise levels exceed 65 CNEL, an acoustical analysis shall be performed ensuring that interior noise levels due to exterior sources will be at or below 45 CNEL. (Planning) 21. Prior to approval of design review permits for multi-family areas where first and/or second floor exterior noise levels exceed 60 CNEL, an acoustical analysis shall be performed ensuring that interior noise levels due to exterior sources will be below 45 CNEL. (Planning) 22. The following conditions of approval are based upon the project having multiple Final Maps for the entire subdivision, which shall 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 related approved final "A" Map and Tentative Map. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City Engineer's satisfaction prior to approval of the first Final 'B' Map. (Engineering) 23. 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 Resolution No. 2006-157 Page l210ck" 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 first "A" Map. The "A" Map may contain single-family residential units. (Engineering) - 24. 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) 25. 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 Final 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) 26. The Developer shall enter into a Joint Use Agreement with the City of Chula Vista, and City of San Diego in a form acceptable to the City Attorney for all public facilities crossing City of San Diego fee title land and/or easements prior to the issuance of the 588th Building Permit for the Project. Said Agreement shall be approved by the City Engineer as to content and the City Attorney as to form prior to execution. . The Applicant shall be responsible for any payment to City of San Diego for any Right-of-Way crossing the City of San Diego land and easements. (Engineering) 27. Prior to approval of any grading permit the Developer shall provide an executed Joint Use Agreement for all areas where City right-of-way or City facilities will cross existing fee title land and/or easements owned by the City of San Diego. Work proposed within another agency's easement and/or fee title land will require the authorized representative of the agencies signature on the applicable plans prior to permit issuance (i.e., Landscape and Irrigation, Grading and or Improvement Plans). (Engineering) -, 28. Prior to approval of any building permit for Planning Areas MU-l, MU-2, MU-3, C-l, and IND-l Developer shall obtain a Certificate of Compliance or Final Map as approved by the City of Chula Vista for said lots. A note shall be place on the Final "A" Map for the Project designating those Planning Areas MU-l (Lot 14), MU-2 (Lot 9), MU-3 (Lot 4), C-l (Lot 5), and IND-l (Lots 28 & 29) as non-buildable lots until such time as City Engineer approves the Certificate of Compliance or the Final Map. (Engineering, Planning) DESIGN 29. Any proposed monumentationlsignage shall be consistent with the Village Two, Three and a Portion of Four Village Design Plan and shall be reviewed and approved by the Director of Planning & Building prior to approval of the applicable Final Map. (Planning) 30. Prior to issuance of the first building permit, Applicant shall submit for review and approval a sign program to the Director of Planning & 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 said sites with signage consistent with the sign program. - Resolution No. 2006-157 Page[emporary signs shall be maintained in place until such time as a project is approved for any such future land use site. (Planning) 31. In addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each 1,500 square feet of slope area, one I-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane subj ect to the requirements of the [applicable] Fire Protection Plan. Landscape and irrigation plans for private slopes shall be reviewed and approved by the Director of Planning & Building prior to approval of the corresponding Final Map. (Planning, General Services) 32. Street parkways shall be no less than 7.5 feet in width for the planting area, except as approved by the City Engineer and Director of Public Works. The Applicant shall plant trees within said parkways which have been selected from the list of appropriate tree species described in the Village Two, Three and a Portion of Four Design Plan, Village Two, Three and a Portion of Four SPA Plan and Landscape Master Plan and shall be approved by the Directors of Planning & 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, Engineering, General Services, Public Works) 33. The Applicant shall install all street trees in accordance with Section 18.28.10 ofthe Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved by the City Engineer, and Directors of Planning and Building and General Services. Prior to the installation of any dry utilities, including but not limited to cable, telephone, gas or electric lines, Applicant agrees to complete Preliminary Street Tree Improvement Plans that show the location of all future street trees, which will be subject to the review and approval of the City Engineer, and the Directors of Planning & Building and General Services. Prior to any utility installation, wood stakes shall be placed by the Applicant on site according to the approved Preliminary Street Tree Improvement Plans, and shall be painted a bright color and labeled as future street tree locations. Applicant further agrees to provide to the City documentation, acceptable to the City Engineer, and the Directors of Planning and Building and General Services, 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 the approved Preliminary Street Tree Improvement Plans until all dry utilities are in place. A Preliminary Street Tree Improvement Plan shall be submitted for review and subject to the approval of the Directors of Planning and Building and General Services prior to or concurrent with the second submittal of Street Improvement Plans within the subdivision. (Planning, General Services, Engineering, Public Works) 34. Prior to the first Final "B" Map for the Project, Applicant shall submit to and obtain approval by the City Engineer and the Director of Planning & Building a SPA-wide signage plan. 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 '1,.... Resolution No. 2006-157 Page 1ihstall approved signs concurrent with related improvements or upon request by the City Engineer. (Engineering, Planning) - PUBLIC FACILITIES, UTILITIES, IMPROVEMENTS AND PHASING (Streets, Transit, Sewer, Water, Drainage, Grading) . 35. 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 Village Two, Three and a Portion of Four 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) 36. 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) 37. Construct energy dissipaters at all storm drain outlets as required by the City Engineer to maintain non-erosive flow velocities. (Engineering) 38. 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 identified for the applicable Project, subject to the City's Subdivision Ordinance and the State Subdivision Map Act. (Engineering) - 39. 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 & Building. Applicant shall secure in accordance with Section 18.16.220 of the Municipal Code the construction and/or construct full street improvements for all on-site and off-site streets as identified in the Otay Ranch Village Two, Three and a Portion of Four SPA PFFP, as may be amended from time to time 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 ofthe City Engineer. The amount of the security for required improvements, including landscape and irrigation plans, shall be 110% 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. (Engineering, General Services, Planning) ..-..., Resolution No. 2006-157 .f@g"N~~n approval of Final Map for the Project that triggers the Cumulative DUs and or Access/Frontage, ("Table "A") below, consistent with the Village Two, Three and a Portion of Four PFFP, as may be amended from time to time, Developer shall construct or enter into an agreement to design, secure, and construct in accordance with Section 18.16.220 of the Municipal Code, the required street improvements: (Engineering) Table "A" Otay Ranch Village 2, and Portion of Village 4 SPA Phasin Plan Summa A B C D E F G H I J K L M N 0 ...~ 1. Heritage Road: between Olympic Parkway and Santa Victoria Heritage Road: between Santa Victoria to Santa Lisa Heritage Road: between Santa Lisa to Street "J" North Heritage Road: between Street "J" North to Street "J" South Heritage Road: between Street "J" South to Main Street 3 Main Street: between Heritage Road to connect to existing im rovements Santa Victoria: Olympic Parkway to Heritage Rd. Santa Diana & Santa Carolina: between Santa Victoria to State St. La Media Road: Santa Venetia to Birch Rd. State Street: between Santa Victoria to La Media Rd. La Media Rd: between Birch Rd to Park P-4 Entrance (Santa Luna) Rock Mountain Rd: between East of Heritage Rd and/or Main St within the SPA boundaries Santa Victoria: between Santa Carolina to State Street. Santa Victoria: between Santa Venetia to Santa Diana Santa Victoria: between Heritage Road to Santa Carolina A/F ,1st unit in Village 2 west of Heritage Road or 1,008 EDUs 2 in Village 2 overall AIF or 1,276 EDUs in Village 2 overall AIF or 1,276 EDUs in Village 2 overall AIF or 1,276 EDUs in Village 2 overall AIF or 1,276 EDUs in Village 2 overall AIF10r 1,276 EDUs 2 in Village 2 overall 1st EDU in Village 2 west of Herita e Road A/F or 1,008 EDUs in Village 2 overall 1st EDU in Village 2 1st EDU in Village 2 1 . A/F or with Park development 2090 Residential EDUs in Village 2 overall A/F or 1,008 EDUs in Village 2 overall 1st EDU in Village 2 A/F or 1,008 EDUs in Village 2 overall AIF: Access or Frontage - Roadways needed for continuity and minimum access: roadway segment as determined by the City Engineer, is triggered with the first final map which has frontage on the roadway, or if roadway is required to provide access. Resolution No. 2006-157 Page 1~ fu terms of Equivalent Dwelling Units (EDU's) 1,276 residential units represents 1,276 equivalent dwelling units and 106 acres of industrial represents 1,276 EDU's based on SANDAG rates. Commercial uses are not included in the EDU calculations. - 41. Street cross sections shall conform to the cross sections shown on the tentative map, unless otherwise conditioned or approved herein. All other design criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein. (Engineering) 42. Developer shall design and construct a minimum 9-foot wide multipurpose pathway along both sides of State Street and portions of Santa Victoria Road (from State Street to 900' south). Developer shall install signage and striping to accommodate bicyclist & pedestrian within the pathway as required by the City Engineer and Public Works Director. (Engineering, Public Works) 43. Prior to approval ofthe First Final "B" Map for the Project Developer shall form a Pedestrian Bridge DIF program, or, annex to the existing program's "Area Benefit" in order to complete the financing for the two Pedestrian Bridges (the West Olympic Parkway Pedestrian Over- crossing connecting Village One and Otay Ranch High School and South La Media Road Pedestrian Over-crossing connecting Village Six and Village two) and secure the construction of both Bridges. (Engineering, Planning) 44. Prior to the issuance of a building permit for the 1,276 EDU the developer shall design and construct Heritage Road between Olympic Parkway and Main Street. The applicant may construct a 'Temporary Intersection' at Main Street and Heritage Road according to the following requirements: a. The intersection geometry shall be approved by the Chula Vista City Engineer. _. b. The design of the south leg of the intersection shall be reviewed with representatives of the Coors Amphitheater to ensure the design adequately accommodates the high volume event traffic. c. The intersection construction shall be coordinated with the Coors Amphitheater event season and the construction phasing will need to be completed to the satisfaction of the City Engineer. d. Developer shall submit to the City Engineer, Civil Engineering drawings of the intersection and concept plan of construction phasing. (Engineering) 45. Prior to approval of the First Final "B" Map that creates any parcel located within the Wolf Canyon/Salt Creek sewer basin (with the exception of parcel P-4), the Developer shall grant to the City the necessary right-of-way for construction of full street improvements of the Heritage Road regional facility within the SPA Plan Boundary. (Engineering) 46. 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 design, construct and secure fully activated traffic signals, including - Resolution No. 2006-157 PagmlJrconnect wiring, mast arm, signal heads, and associated equipment underground improvements, standards and luminaries at the intersections listed below. The applicant shall fully design the aforementioned traffic signal in conjunction with the improvement plans for the related streets to the satisfaction of the City Engineer and conform to City Standards. (Engineering) INTERSECTIONS . Heritage Road & Olympic Parkway . Heritage Road & Santa Victoria Road . Heritage Road & Santa Liza Street . Heritage Road & Street "J" North . Heritage Road & Street "J" South . Heritage Road & Main Street . Olympic Parkway & Santa Victoria Road . Olympic Parkway & Santa V enetia Road . La Media Road & Santa Venetia Road . La Media Road & State Street . La Media Road & Santa Luna Street (Park Entrance) 47. The applicant shall submit 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) 48. The Applicant shall comply with the Fire Department's codes and policies for Fire Prevention, and the requirements/recommendations contained in the approved Fire Protection Plan, Urban-Wildland Interface Area for Village Two, as may be amended from time to time. Prior to the approval of the first Final Map, a fire 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 Marshal, shall be submitted to for approval by the City Of Chula Vista Fire Department. A signed and dated Chula Vista Fire Department Access and Water Supply agreement shall accompany the above-mentioned submittal. The plan shall 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 fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal. b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 20 feet. 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 shall be subject to review and approval by the City Engineer and Fire Department. (Fire, Planning, Engineering) Resolution No. 2006-157 Pag9)~epending 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 shall install additional fire hydrants upon request and to the satisfaction of the Fire Department. (Fire, Planning, Engineering) - 50. Construct a temporary turnaround or street improvements, upon the request of and as determined necessary by the City Engineer and Fire Marshal, at the end of temporarily stubbed streets greater than 150 feet in length (as measured from the nearest street centerline intersection). (Engineering, Fire) 51. Design all vertical and horizontal curves and intersection sight distances to conform to the CalTrans Highway Design Manual. All streets, which intersect other streets at or near horizontal or vertical curves must meet intersection design sight distance requirements in accordance with City standards. Sight 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 Chula 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) 52. 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) - 53. 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 Two, Three and a Portion of Four Design Plan and Village Two, Three and a Portion of Four PFFP and as approved by the Directors of Planning & 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. (Public Works) 54. 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 Resolution No. 2006-157 S>~~,1l~ Applicant shall 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: 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, 11. Maintain membership in an advance notice such as the USA Dig Alert Service; and, 111. 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) 56. Prior to issuance of any grading permit based on plans proposing the creation of down slopes adjacent 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) 57. Prior to approval of improvement plans that include roundabouts, Developer shall demonstrate compliance with stopping sight distance standards as determined by the City Engineer and Director of Planning & Building. (Engineering, Planning) 58. Prior to the acceptance of Public Improvements by the City Engineer & Public Works Director, Developer shall have in place 5(five) Horizontal control points, and 21(twenty-one) Vertical control points set pursuant to Sections 2-302.1 (8) and 2-302.3(1) of the City of Chula Vista Subdivision Manual, and Chapter 18.16.180 of the Chula Vista Municipal code. Applicant shall also cause to be filed with the County of San Diego, a Record of Survey; required pursuant to Section 8762 of the Professional Land Surveyors Act. (Engineering, Public Works) 59. Left and right turn storage lengths shall be provided as recommended in the Linscott, Law and Greenspan Traffic Study for Village Two, Three and a Portion of Four, dated November 2005, or as required by the City Engineer. (Engineering) 60. Prior to the approval of the First Final Map for the Project, Developer shall provide a cash deposit in the amount of $60,000.00 for the installation of six permanent traffic count stations as listed below: (Engineering) Resolution No. 2006-157 Page 20 2 count stations on Olympic Pkwy between Santa Venetia and Project Westerly Boundary 2 count stations along Heritage Road between Olympic Pkwy and Project's Southerly boundary 2 count stations along La Media Road between Santa Venetia Road and Santa Luna Road - GRADING AND DRAINAGE 61. The Applicant shall provide drainage improvements in accordance with the Master Drainage Study for Otay Ranch Village Two, Three and a Portion of Four, dated February 16, 2005, and the Preliminary Water Quality Technical Report for Otay Ranch Village Two, Three and a Portion of Four, dated October 28, 2005 or a subsequent Hydrology Study, as may be required, 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 included as part of 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) 62. 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 shall demonstrate that the design of the proposed extended detention and Water quality basins will reduce the 2-, 10-,25-, 50 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) - 63. Storm drain systems that collect water from private property shall be designated private on grading and drainage and/or improvement plans to the point of connection with a public system or to the point at which storm water that is collected from public street right-of-way, 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 shall be processed and approved by the City Engineer for private storm drains within the public right-of-way or within CFD maintained Open Space lots. (Engineering) 64. The applicant shall submit grading and drainage and/or improvement plans, as applicable, hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. (Engineering) 65. Prior to the issuance of any grading permit which impacts off-site property, the Applicant shall deliver to the City, a notarized letter of permission to grade and drain for all off-site grading. (Engineering) 66. Prior to acceptance of the maintenance responsibilities of proposed detention basins, Developer shall obtain permits for five years duration from all required regulatory agencies. (Engineering, Public Works) - Resolution No. 2006-157 g~'~St6hn drain design shall conform to the requirements of the Subdivision Manual and the Grading Ordinance as may be amended from time to time. (Engineering) 68. Provide improved all-weather access with H-20 loading, based on a minimum traffic index (Tn of 5, to all public storm drain clean-outs, inlets, outlets and basins or as otherwise approved by the City Engineer and Public Works Director. (Engineering, Public Works) 69. All City maintenance access roads shall be 12' min. width and designed for H-20 (min. Tlof 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. All other access roads, shall be asphalt concrete designed to carry H-20 loading. In addition, maintenance pads adjacent to the inlet and outlet 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 or restricted paving requirements for the above may be required when determined necessary at the discretion of the Director of Public W orks- Operations and in conformance with the environmental provisions for the Proj ect. (Engineering, Public Works) 70. All grading and pad elevations shall 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 & Building. (Engineering, Planning) 71. Grant on the appropriate final liB" Map a IS-foot minimum drainage and access easement for public storm drain lines located between residential units unless otherwise directed by the City Engineer. All other public easements shall meet City standards for required width. (Engineering) 72. Development of the subdivision shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEP A) and as set forth in the National Pollutant Discharge Elimination System (NPDES) Municipal Permit requirements by the San Diego Regional Water Quality Control Board for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to said regulations or requirements in effect at the time the development occurs. Further, the Applicant shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution 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 NPDES and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Applicant shall 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 (BMPs) to minimize non-point source pollution, satisfactory to the City Engineer and Public Works Director. (Engineering, Public Works) Resolution No. 2006-157 Page 22 73. Submit to and obtain approval from the City Engineer and Director of Planning & Building for an erosion and sedimentation control plan as part of grading plans. Engineering, Planning) - 74. Storm drain clean outs shall not be located on slopes or in inaccessible areas for maintenance equipment. Public storm drains shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. (Engineering) 75. 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) 76. 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) 77. 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 & 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) - 78. Provide a minimum of 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) 79. Provide a setback, as determined by the City Engineer and 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) 80. 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. (Engineering) 81. Developer shall 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) 82. Prior to issuance of grading permits, Applicant shall demonstrate that the grading plans are in substantial compliance with the grading concepts outlined in the Village Two, Three and a Portion of Four SPA Plan consistent with the landform grading policies described in the Resolution No. 2006-157 Pa~i~ s General Plan. Said grading concepts shall ensure that manufactured slopes are contoured to blend with and reflect adjacent slopes. (Engineering, Planning) 83. Prior to the approval of the first Final Map for the Project, or issuance of the first grading permit for the Project, whichever occurs earlier, Applicant shall enter into an agreement with the City of Chula Vista, wherein the Applicant agrees to the following: 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 challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. Such Applicant obligation may be assigned to a Master Homeowner's Association or other appropriate Maintenance District subject to the approval of the City Engineer. (Engineering, Public Works) 84. Post-construction Best Management Practices, including site design, source control, and treatment control, shall be implemented and maintained into perpetuity in accordance with a City approved Water Quality Technical Report. The responsible party and funding mechanism for the maintenance of post-construction BMPs shall be identified in an agreement between the City and the Developer. The Developer or subsequent owners shall maintain records of inspections and maintenance of all post-construction Best Management Practices and make such records available for review by the City's Storm Water Compliance Inspectors. (Public Works) SEWER 85. 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, Resolution No. 2006-157 Page 24 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) 86. Prior to approval of the first Final "B" that creates any parcel located within the Wolf Canyon/Salt Creek sewer basin (with the exception of parcel P-4), Developer shall design and construct the gravity sewer system to convey flow from the southern portion of Village Two to Heritage Road and southerly to the Salt Creek Interceptor. 87. Prior to approval of the first Final Map or any other grant of approval for any improvement proposing to pump the Village Four Park site (P-l) sewage flows to Poggi Canyon sewer trunk, Developer shall accomplish the following: a. Comply with all the requirements of Council Policy No. 570-03 (Sewage Pump Station Financing Policy). b. Enter into an agreement to construct and secure the construction, in accordance with Section 18.16.220 of the Municipal Code, of those improvements required to accomplishing the following: - 1. Construction of pump station improvements and associated facilities necessary to pump sewage flows to the Poggi Canyon sewer trunk. 11. Removal, or other acceptable method of abandonment, of any existing, new, and/or modified pump stations, force mains, and associated improvements, to the satisfaction of the City Engineer, upon completion of the Rock Mountain Road Sewer Line. iii. Connection of the Project by gravity to the Rock Mountain Road Sewer Line, to the satisfaction of the City Engineer, upon completion of the Rock Mountain Road Sewer Line. c. Provide and stub out sewer lateral for future connection to Rock Mountain Road Sewer Line, as determined by the City Engineer. (Engineering) 88. The Village Two sewer improvements shall be consistent with the Village Two, Three and a Portion of Four Conceptual Sewer Study, dated January 2006 or a subsequent Sewer Study submitted to and approved by the City Engineer. (Engineering) 89. Sewers serving 10 or less equivalent dwelling units shall have a minimum grade of 1 % and/or a velocity of 2 feet 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) ........." Resolution No. 2006-157 ~OO~~t on the appropriate Final 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) PARKS AND OPEN SPACE 91. The Applicant shall provide an Irrevocable Offer of Dedication (laD) to the City on the first "A" Map for Neighborhood Park P-2 (7.1 net useable-acres), Neighborhood Park P-3 (6.9 net useable-acres), and Community Park P-4 (42.0 net useable-acres). The park net acreage and park Parkland Dedication Ordinance (PDO) credit to be received by the applicant is based on net usable park acreage as determined by the Directors of General Services and Recreation. (General Services, Recreation). 92. Prior to the issuance of the 588th building permit for any dwelling unit the Applicant shall provide documentation to the City, that assigns irrevocable free and clear use and access for park and recreation purposes over and upon all easements and fee owned parcels that traverse any public park site, to the satisfaction of the Directors of Recreation, General Services, and Engineering. Said documentation shall be approved by the Directors of Recreation, General Services and Engineering as to content and approved by the City Attorney as to form prior to execution of said document and prior to the 588th building permit for any dwelling unit. No park credit will be given for easements located in park. (General Services, Recreation, Engineering) . 93. Prior to issuance of any building permit with the MU-1 site or the R-28 site the applicant shall commence construction of the Town Square lot P-1 (1.2 net useable acres) to the satisfaction of the Director of General Services. Applicant shall complete construction of the Town Square within nine months of commencement of construction. The term "complete construction" shall mean park construction has been completed according to the City approved construction plans as determined by the Director of General Services. (General Services) 94. Prior to approval of the first Final "B" map for the project, the Applicant shall deposit funds into a City of Chula Vista Finance Department account, in an amount determined by the Director of General Services, for use by the City for the preparation of site-specific park master plans and related construction documents for the community park site (P-4) and the two neighborhood park sites (P-2 and P-3). Said funds will be credited towards the Applicant's total PAD Fee obligation for the project. (General Services) 95. Prior to approval of each Final "B" Map, or prior to issuance of building permits for residential units not requiring the filing of a Final "B" Map, the Applicant shall pay all applicable parkland acquisition and development fees (PAD Fees) to the City in accordance with CYMC Chapter 17.10. (General Services) 96. Applicant shall rough grade, provide all weather access to, and install underground utilities to the property line of the Project park sites (P-1, P-2, P-3, and P-4) to the satisfaction of the Directors of General Services, Engineering, and Recreation and the Fire Marshal concurrent with the installation of project backbone streets for any portion of the project adjacent to the Resolution No. 2006-157 Page 2~ark sites or upon request of the Director of General Services, whichever occurs earlier. (General Services, Engineering, Recreation) ~ 97. The Developer shall submit to City for review by General Services Department, as-graded topographic surveys capable of demonstrating that grading of Park sites P-2, P-3, and all parcels ofP-4 are in compliance with approved rough grading plans for the sites. Said survey shall be prepared at Developers' own expense and shall not be credited toward Developer PAD Fee obligation. The topographic survey shall be submitted at the request of the Director of General Services. Any grading permit security held for the project shall not be released until the respective Parks' net usable areas have been verified and approved by the Director of General Services. If the survey indicates that the site fails to conform to the approved grading plans, and to the City Of Chula Vista Grading Ordinance for any of the park sites, then the Developer shall bring the site into conformance and incur the expenses associated with re-grading the sites as needed. Expenses incurred by the Developer to perform any corrective re-grading of the sites shall not be credited toward the Developer PAD Fee obligation. Site re-grading shall be completed with 60-days of notification of non- compliance. (General Services, Engineering) 98. Prior to approval ofthe first Final "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, as may be amended from time to time, and as it affects facility and other related requirements for the Project's parks. (General Services) 99. Prior to the First B Map, the applicant shall enter into a community park parkland reimbursement agreement with the City for the purpose of addressing community park acreage within the project in excess of parkland obligation related to the Project. _. 100. Prior to the First B Map for the Project, the Applicant shall enter into an agreement with the City to provide necessary funds, for the preparation of additional site-specific park master plans and related construction documents in the event the community park's site is constrained by the waterline fee title parcel and or waterline easement as determined by the Director of General Services. Said funds shall include and not be limited to design, project management, staff time and overhead, above and beyond the funds related to applicant's parkland development fee obligation, for the design of the community park. Said agreement shall be in a form approved by the City Attorney. Prior to the first B Map, the Applicant shall provide a surety bond, or other form of security in an amount as determined by the Director of General Services, to guarantee said additional funds. 101. Prior to the approval of the first Final "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 & 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 maintenance responsibility for each); - Resolution No. 2006-157 Pag~~7.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 Wall 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) 102. Within 90 days of approval of the applicable Final "B" Map, Developer shall enter into a Grant of Easements and Maintenance Agreement 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, Public Works, General Services) 103. 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 Land~cape 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) 104. Prior to the approval of any Final "B" Map for the Project, the Applicant shall obtain approval of a Wall and Fence Plan from the Director of Planning & Building. The Wall and Fence Plan shall be in conformance with the Village Two, Three and Portion of Four 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) 105. The conceptual Wall and Fence Plan for the Project shall be included in the Project's Landscape Master Plan and shall indicate color, materials, height and location. Materials and color used shall be compatible and all walls located in corner side-yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a decorative Resolution No. 2006-157 Page 2~asonry 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 walls shall be constructed pursuant to Final EIR 02-02 and the Village Two, Three and a Portion of Four 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) ...........~ 106. Prior to the issuance of each Street Construction permit for the Project, the Applicant shall prepare and secure, to the satisfaction of the City Engineer and the Director of General Services, street improvement Landscape and Irrigation Improvement Plans. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and the Village Two, Three and a Portion of Four 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) TRAILS 107. All trails shall be bonded/secured prior to the approval of the rough grading plans, and constructed to connect to adjoining existing and/or proposed trails in neighboring development projects, as determined by the Directors of Planning & Building and General Services. (Planning, General Services) 108. Prior to the approval of any Final "B" Map with private open space lots for the Project, the Applicant shall provide a trail easement to the City, in a form approved by the City Attorney, for all trail alignments. (General Services) -, 109. The Applicant shall, concurrent with the construction of the La Media Road improvements, construct a "Regional Trail" along the west side of the street from Olympic Parkway to the projects southern boundary as depicted on the Parks, Trails and Open Space Plan in the Village Two, Three and a Portion of Four 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) 110. 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 & 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 and modified landform grading cannot accommodate any constraints or maintenance access areas, the top of slope shall be adjusted, as approved by the City Engineer. (General Services) 111. Neighborhood connector trails located within the Project shall provide a minimum 6-foot wide decomposed granite (DG) where the grade is 2% or less or cement treated base (CTB) trail bed where the grade is greater than 2%, or as approved by the Director of General Services. Where down slopes (exceeding 4:1) occur adjacent to the trail, an additiona14-foot -, Resolution No. 2006-157 Pa~~ed shoulder shall be provided with split-rail fencing centered in the shoulder. Where up slopes occur adjacent to the trail a 2-foot shoulder (with a 2% maximum cross-slope) shall be provided. Shoulders shall be planted and irrigated in accordance with the most current edition of the Chula Vista Landscape Manual, as amended from time to time. All trail construction materials shall be subject to the approval of the Director of General Services. (General Services, Public Works) 112. Applicant shall obtain the approval of the Director of Planning & Building for appropriate signage indicating location of trail connections, handicap access, and bikeway locations to the Regional Trail, Village Pathway, and Chula Vista Greenbelt. Said signage shall be included on the Wall and Fence Plan. Signage shall be installed upon the request of the Director of Planning & Building. (Planning) 113. 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 114. Developer shall request the formation of a Community Facility District for Maintenance (CFD) or similar funding mechanism prior to approval of the first Final Map for the Project. Developer shall submit an application packet for formation of said Maintenance District, and submit the request to the City Council for consideration. The Maintenance CFD shall be formed prior to approval of the First Final "B" Map for the Project. If Council does not approve the Maintenance CFD formation, another financing mechanism such as a Master Homeowners Association, or an endowment shall be established and submitted to the City Council for consideration prior to approval of the First Final "B" Map for the Project. Subject to the approval of the Director of Public Works and City Engineer, Developer shall submit a list of amenities, acreage and costs for all Open Space 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. 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 ofthe proposed open space district. (Public Works, Engineering) 115. Prior to the approval of any Final Map with residential uses, the developer shall: a. Submit evidence, acceptable to the City Engineer and the Director of Planning & Building of the formation of a Master Homeowner's Association (MHOA) for the Project. The MHOA shall be responsible for the maintenance of those landscaping improvements that are not to be included in the proposed financial mechanism. The City Resolution No. 2006-157 Page 30 Engineer and the Director of Planning & Building may require that the Maintenance CFD shall maintain some of those improvements. The final determination of which improvements are to be included in the Open Space District and those to be maintained by the MHOA shall be made during the Maintenance CFD Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning & Building require such annexation of future tentative map areas. The MHOA formation documents shall be subject to the approval of the City Attorney; and, ......., b. Submit and obtain approval of the City Engineer and the Director of Planning & Building of a list of all Otay Ranch Village Two, Three and a Portion of Four SPA and MHOA facilities and other items to be maintained by the proposed district. Separate lists shall be submitted for the improvements and facilities to be maintained by the Open Space District and those to be maintained by a 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 following facilities and improvements: 1. All facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures and landscaping. Each open space lot shall also be broken down by the number of acres of: 1) turf, 2) irrigated, and 3) non-irrigated open space to aid in the estimation of a maintenance budget thereof. - 11. The proportional share of medians and parkways along La Media Road, Olympic Parkway 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, Public Works) 116. Developer shall 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) 117. Prior to the approval of each Final "B" Map, Declaration or Supplementary Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to the approval of the City Engineer. The CC&R's shall include the following obligations of the Master Homeowners Association: a. A requirement that the MHOA shall maintain comprehensive general liability insurance against liability incident to ownership or use of the following areas: 1. All open space lots that shall remain private, 11. Other Master Association property. -- Resolution No. 2006-157 Pa~.3lBefore 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 fust 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 shall incorporate restrictions for each lot adjoining open space lots containing walls maintained by the open space district to ensure that the property owners know that the walls may not be modified or supplemented nor may they encroach on City property. g. The CC&R's shall include provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. h. The CC&R's shall include provisions assuring 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. . (Engineering, Fire, Planning) 118. 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 & Building prior to distribution through escrow, which approval shall not be unreasonably withheld. (Engineering, Planning) Resolution No. 2006-157 P}l~.31he Community Purpose Facility (CPF) lots shall be maintained by a maintenance entity as determined by the Director of Planning & Building based on City Council policy. The facilities in the CPF lots being maintained by the maintenance entity shall 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 shall be completed prior to the issuance of the final building permit. (Planning, General Services) - 120. Developer shall 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 shown on the wall and fence plan as approved by the City Engineer and the Director of Planning & Building. (Engineering, Planning) 121. Developer shall ensure that all buyers of individua110ts adjoining open space lots, containing walls maintained by the open space district, shall 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 City or HOA property. These restrictions shall also be incorporated in the CC&R's for all lots. (Engineering) 122. Prior to approval of each Final Map, developer shall provide proof to the satisfaction of the City Engineer and Director of Public Works 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, Public Works) -, 123. 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) 124. 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, Public Works) 125. 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 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: - Resolution No. 2006-157 Paga. 3~f, 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, Public Works) SCHOOL 126. Prior to approval of the first Final "B" Map for the Project, Developer shall provide documentation to the City confirming satisfaction of Sweetwater Union High School District (SUHSD) and Chula Vista Elementary School District (CVESD) facility funding requirements to offset student generation impacts. Funding shall be satisfied through the Mello-Roos Community Facilities District financing method or other means acceptable to each District. In addition, no Final Map shall be approved unless and until a school facility financing mechanism is in place to the satisfaction of the SUHSD and the CVESD. (Engineering) 127. Prior to approval of the Final map, which includes a school site for the Project, Developer shall agree to construct and secure, and thereafter construct and secure, to the satisfaction of the City Engineer, the following improvements: a. All necessary improvements for providing ingress and egress to each school site. This requirement shall also include but is not limited to any required modification to medians, storm drainage system, street lights, and irrigation improvements; and, b. If warranted and upon the request of the City Engineer, traffic signal improvements for providing vehicular ingress and egress to the school site. (Engineering) WATER 128. 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) 129. Prior to approval of each Final "B" 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. (Engineering, Planning) 130. Prior to approval of each Final "B" 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) Resolution No. 2006-157 Page 34 131. Prior to approval of the first Final "B" Map for the Project, the Developer(s) shall provide an approved Subarea Water Master Plan (SAMP) by the Otay Water District. The SAMP will provide more detailed information on the project such as project phasing; pump station and reservoir capacity requirements, and extensive computer modeling to justify recommended pipe sizes. (Engineering, Planning) - EASEMENTS 132. Developer shall grant to the City, a minimum of 10' wide easement for combined general utility and landscape purposes along public street frontage of all open space lots offered for dedication to the City unless otherwise approved by the City Engineer. Developer shall include the above-mentioned easement on the Preliminary Street Tree Improvement Plans, showing the location of proposed trees and utilities. (Engineering, General Services) 133. Indicate on all appropriate Final "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 to the satisfaction of the City Engineer. (Engineering) 134. Grant on the applicable Final Maps sight distance easements to the City of Chula Vista for corner lots and parcels adjacent to roundabouts, 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) - 135. 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) 136. Developer shall grant to City on all applicable Final "B" Map, a 2-foot access easements along the rear and side property line of lots adjoining walls to be maintained by theMaintenance CFD. The locations of these easements shall be as required by the Director of Planning & Building and the City Engineer to provide adequate access for maintenance of said walls. (Engineering, Planning) 137. Where a private storm drain easement will parallel a public sewer easement, the easements shall be delineated separately on the Final Map and on the grading and improvement plans. If any portion of the easements will overlap one another, the City shall have a superior right to the common portion of the easements. (Engineering) 138. Prior to approval of each Final Map for the Project, the Developer shall either have removed or subordinated any easement, which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way at the direction of the City Engineer. (Engineering) ~ Resolution No. 2006-157 Page 35 139. The developer shall notify the City at least 60 days prior to consideration of the first Final Map for the Project by the City Council 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: 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. c. 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. d. Acquire and bond for off-site 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) 140. Developer shall 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) 141. 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 & 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. (Planning, Engineering) 142. Grant on the applicable Final Map, a 20-foot minimum sewer and access easement for sewer lines located between residential units, unless otherwise required by the City Engineer. Unless as otherwise provided for herein, all other easements shall meet City standards for required width. (Engineering) AGREEMENTS/FINANCIAL 143. Enter into a Supplemental Subdivision Improvement Agreement with the City, prior to approval of each Final Map for the Project, where the developer agrees to the following: Resolution No. 2006-157 Pagea16 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 of the following occurs: - 1. Regional development threshold limits set by a Chula 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. 111. 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 & 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 Two, Three and a Portion of Four SPA if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. - 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 11. 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 ~, Resolution No. 2006-157 Page 37 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 Subdivision Improvement 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) 144. The Applicant shall enter into an agreement with the City prior to approval of the First "A" Map for the Project, 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 of regional facilities. c. 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. (Engineering) 145. 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) 146. Prior to approval of each Final "B" 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) 147. 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 Resolution No. 2006-157 Page 38f the first Final 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) ~ 148. 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) 149. 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, Public Works) 150. Prior to the approval of any Final Map for the Project that contains open space lots, Developer 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, Director of Public Works and approved in form by the City Attorney. (Engineering, General Services, Public Works) - 151. The Developer shall enter into an agreement with the City of Chula Vista, prior to approval of Developers' first Final "B" Map for the Project, 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 Two, Three and a Portion of Four Affordable Housing Plan. (Engineering) MISCELLANEOUS 152. The Developer shall implement the final Air Quality Improvement Plan (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 AQIP. (Planning) 153. 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 Final Map approval within the Project. The new measures shall apply to development within all future map areas, but shall 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 of Chula Vista Air Quality Improvement Plan Guidelines (AQIP Guidelines) as approved per Resolution No. 2003-260 and that such ....-....< Resolution No. 2006-157 Paggtii~elines as approved and as may be amended from time-to-time shall be implemented. (Planning) 154. The Developer shall implement the final Water conservation Plan (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 WCP. (Planning) 155. 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 Final Map approval within the Project. The new measures shall apply to development within all future map areas, but shall 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 of Chula 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 shall be implemented. (Planning) 156. The Applicant shall install all public facilities in accordance with the Village Two, Three and a Portion of Four 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) 157. 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) 158. Within 30 days of the City Council approval of these Final Map conditions, or prior to the submittal of the first Final 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 ArcView (GIS) format and shall contain the following individual layers: a. Tentative Map Limits (closed polygons) b. Lot Lines (closed polygons) c. Street Centerlines (polylines) d. Easements (polylines) e. Street Names (annotation) f. Lot Numbers (annotation) Resolution No. 2006-157 Page 41lhe digital drawing file shall be submitted in accordance with the City Guidelines for Digital Submittal on 3~" disks or CD, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. (Engineering) ......-...., 159. 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 ArcView (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 Centerlines (polylines) 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 3W' disks or CD, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. (Engineering) -, 160. On each Final Map, the boundary of the subdivision shall be tied to the California State Plane Coordinate System (NAD 83, Zone 6). (Engineering) 161. The owners of each Village shall be responsible for retaining a proj ect 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) 162. If Developer desires to do certain work on the property after approval of the tentative map but prior to recordation of the Final "A" Map and/or applicable Final"B" Map, they may do so by obtaining the required approvals and permits from 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 "A" Map, Final "B" Map and improvement plans) will be approved. All work performed by the Developer prior to approval of the Final "A" Map; the applicable "B" Maps 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 -, Resolution No. 2006-157 Pagin4lm amount determined by the City to guarantee the rehabilitation of the land if the applicable Final "A" Map and/or Final "B" Map does not record. (Engineering) PHASING 163. Phasing approved with the SPA Plan may be amended subject to approval by the Director of Planning & Building and the City Engineer. The PFFP shall be revised where necessary to reflect the revised phasing plan. (Planning & Building, Engineering) 164. 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 & 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 & 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 & Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. The developer agrees that the City Engineer may change the timing of construction of the public facilities. (Engineering) 165. The Public Facility Finance Plail 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 Two, Three and a Portion of Four SPA Plan document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the Village Two, Three and a Portion of Four SPA's 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 Two, Three and a Portion of Four 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 & Building may, at their discretion, modify the sequence, schedule, alignment and design of improvement construction should conditions change to warrant such a revision. (Engineering) 166. Unless access, drainage and utilities are shown on the master Tentative Map to the satisfaction of the City Engineer and the Director of Planning & 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 Resolution No. 2006-157 Page 4~ubdivision Map Act, unless waived in writing by the Director of Planning & Building and the City Engineer. (Engineering, Planning) - CODE REQUIREMENTS 167. The Applicant shall comply with all applicable sections of the Chu1a 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) 168. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation Impact Fees, b. Public Facilities Development Impact Fees. c. Signal Participation Fees. d. All applicable sewer fees, including but not limited to sewer connection fees. e. Pedestrian Bridge Development Impact Fee. f. Poggi Canyon or Salt Creek Sewer Basin DIP as applicable. Pay the amount of said fees in effect at the time of issuance of building permits. (Engineering) 169. 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) - 170. 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) - Resolution No. 2006-157 Page 43 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND OTAY PROJECT, L.P. AND FLATROCK LAND COMPANY, LLC RELATED TO VILLAGE TWO, THREE AND A PORTION OF FOUR SP A APPROVAL The Property Owner and the Developer(s) shall execute this document by signing the lines provided below, said execution indicating that the Property Owner and Developer(s) have each read, understood and agreed to the conditions contained in Resolution No. 2006-157, and will implement same to the satisfaction of the City. Upon execution, this document and a copy of Resolution No. 2006-157 shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the Property Owner and/or Developer(s), and a signed, stamped copy returned to the City Clerk. Failure to return a signed and stamped copy of this recorded document within thirty days of recordation to the City Clerk shall indicate the Property Owner/Developer(s)'s desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. 1 ~ ~~ Sign ture e~loper =-~~J Signature of Prop rty wner Dat~!~0 0/q /tJ0 Date