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HomeMy WebLinkAboutReso 2006-346 PLEASE COMPLETE THIS INFORMATION. fZ RECORDING REQUESTED BY: /11 L> ()(~o.L.-t~ 'Jr';';/:: C-'tr'-t (/.;..{':L' , . Nf "AND WHEN, RESORDED MAl).. T!):. ') ~"y) C f+.....L/\ V. '> (,..1 II \'i Llt'" K- tf V" ,J/w '-fi', A.Jc.. ('.lc.lA V",TA C--4 qlq 113 DOC # 2006-0887018 111111111 illlllll 11111 11111 111111111111111111111111111111111111111 1111 DEe 14. 2006 11 :33 AM OFFID..::ol RECUH[.I'::; S,6J~ lJit;:,O ClIur-jT'I' RECDR[lc'F:":, i~iFFICE C:~~::ECil-:I~~r, ,J, '3MITH. cnur'H\' F-:LU]Fi[I[F; FEE:::; OClo F',t.,GE':; 1 '3 1111111111111111111111111111111I111111111111111111111111111111111111111111111111 l PRE RDER '[2t:""X.~I.[I1i//1 t0u~: 2 aid 4 ~ . (Please fill in document titIe(s) on this line) I THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9195 Rec.Form #R25 . RESOLUTION NO. 2006-346 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM IS-04-022 AND APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP FOR VILLAS DEL MAR, CHULA VISTA TRACT 04-06 - VILLAS DEL MAR DEVELOPMENT, LLC. 1. RECITALS A. Project; Application for Discretionary Approval WHEREAS, on January 20, 2004, a duly verified application was filed with the City of Chula Vista Planning and Building Department, requesting approval of a Tentative Subdivision Map to subdivide 2.06 acres into 12 residential lots and one common lot (Previous Project) by Villas Del Mar Development, LLC (Developer); and WHEREAS, on May 10, 2006 the Planning Commission discussed the previous project and expressed concerns 1) the number and size of lots and 2) the number of requested deviations from development standards needed to develop the project; and WHEREAS, following the Planning Commission meeting of May 10, 2006 the applicant has revised the previous project and reduced the number of residential lots from 12 to 10 and eliminated the common lot (Currently Proposed Project); and B. Project Site WHEREAS, the area of land commonly known as Villas Del Mar Tentative Subdivision Map (PCS-04-06), Chula Vista Tract No. 04-06, which is the subject matter of this Resolution, and is diagrammatically represented in Exhibit "A", attached hereto and incorporated herein by this reference, and for the purpose of general description herein consists of 2.06 acres located on the west side ofN. Del Mar Avenue, north ofC Street, west ofN. Second Avenue and south of Bay View Court, located within the Residential Low Medium Designation (3-6 dwelling units per acre) of the General Plan, and the Residential Single Family (R-I-P6) zone (Single Family Residential Zone, Precise Plan Modifying District ), consisting of APN 563-290-04 (Project Site); and C. Environmental Determination WHEREAS, the Environmental Review Coordinator has reviewed the Previous Project for compliance with the California Environmental Quality Act (CEQA) and conducted an Initial Study, IS-04-22 in accordance with CEQA; and WHEREAS, a Mitigated Negative Declaration (IS-04-022) was prepared for the Previous Project, which involved the residential development of the 2.06-acre parcel within the western portion of the City; and Resolution No. 2006-346 Page 2 WHEREAS, based on the results of the Initial Study, the Environmental Review Coordinator determined that the Previous Project could result in significant effects on the environment. However, revisions to the Previous Project made by or agreed to by the Developer would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-04-22; and WHEREAS, on March 6, 2006, the Resource Conservation Commission determined that Initial Study IS-04-22 for the Previous Project was adequate, and recommended adoption of the Mitigated Negative Declaration, IS-04-22; and WHEREAS, the Environmental Review Coordinator has determined that the changes to the currently proposed project, which were predicated upon previous Planning Commission and Public Review, are minor with no additional environmental impacts or issues identified that are not already covered under the Mitigated Negative Declaration IS-04-022 addressed in the previous project. Therefore, pursuant to CEQA Guidelines Section l5073.5(c) recirculation of the Mitigated Negative Declaration is not required; and WHEREAS, on October 18,2006, the Planning Commission recommended adoption of Mitigated Negative Declaration IS-04-22 to the City Council. D. Planning Commission Record on Applications WHEREAS, the Planning Commission held a noticed public hearing on the Project on May 10, 2006, and after hearing staff's presentation and public testimony voted (5-0) to recommend that the City Council deny the Project, in accordance with applicable findings; and WHEREAS, the Planning Commission held a noticed public hearing which rescinded previous action to deny the project and reconsider a revised subdivision map with 2 lots less and no other entitlements (Currently Proposed Project) on October 18,2006, and after hearing staff's presentation and public testimony voted 5-0-1 to I) rescind previous action taken on the original project on May 10, 2006 and 2) recommend that the City Council approve the Currently Proposed Project with the added condition that the project be revised to provide sidewalks on at least one side of private drive throughout the project, in accordance with the findings and subject to the conditions listed below; and E. City Council Record on Applications WHEREAS, the City Clerk set the time and place for the public hearing on the Project's tentative subdivision map application; and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the Project, at least 10 days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on November 14, 2006, in the Council Chambers, 276 Fourth Avenue, at 4:00 p.m. to receive the recommendations ofthe Planning Commission, and to hear public testimony with regard to the same. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine and resolve as follows: Resolution No. 2006-346 Page 3 II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at its public hearing on the Currently Proposed Project held on October II, 2006 and the minutes and Resolution resulting there from, are hereby incorporated into the record ofthis proceeding. III. CERTIFICATION OF COMPLIANCE WITH CEQA AND INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised their independent review and judgment and concurs with the Planning Commission, Resource Conservation Commission, and Environmental Review Coordinator's determination that Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-04-22), in the form presented, has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista and hereby adopt the Mitigated Negative Declaration and Mitigation Monitoring Program IS-04-022. IV. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Govemment Code Sections 65300 et. seq. (Planning and Zoning Law), and 66473.5 (Subdivision Map Act), the City Council finds that the Project, as conditioned herein, is in conformance with the elements of the City's General Plan based on the following: 1. Land Use The project will be developed at a density of 5 dwelling units per acre, which is within the allowable residential density range of 3-6 dwelling units per acre. The project design is consistent with the clustering provision of the Land Use Element, because the clustered design will preserve significant areas of steep slope. Also, the project proposes a detached single family planned development which will be consistent with the character intended for a Residential Low-Medium area, and will be more compatible with the development of the surrounding area, which is primarily single family residential. The proposed project provides housing opportunities in the northwest portion of the City. 2. Circulation The Developer will construct the on-site private street. Off-site public streets required to serve the subdivision already exist. Required public street improvements will be provided by the Developer through the attached Conditions of Approval. The private street within the Project will be designed in accordance with the City design standards and/or requirements and provide for vehicular and pedestrian connections. This project area currently has 62 dwelling units. With this project, the total will increase to 71 dwelling units served by the three existing streets: Bayview Way, Shirley Street and North Del Mar Avenue. The existing City design criteria states that single-family residential development shall not exceed 120 residential lots unless two points of access are provided. The project does not create any traffic impacts on the local roadway network because there are three existing points of access. The Resolution No. 2006-346 Page 4 three access points serve to better distribute the local traffic in this area. All city standards will be maintained on all city streets. 3. Public Facilities The Project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. There are no public service, facility, or phasing needs created by the Project that warrants the preparation of a Public Facilities Financing Plan. 4. Housing The Project is consistent with the density prescribed within the Residential - Low Medium General Plan designation, and the Project provides additional opportunities for single-family residential home ownership. 5. Growth Management The Project is in compliance with applicable Growth Management Element requirements because there are no public service, facility, or phasing needs that warrant the preparation of a Public Facilities Financing Plan. 6. Open Space and Conservation The project proposes clustering of the development of dwellings on the lower elevations in order to minimize grading of steep slopes. The Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-02-045, which addressed the goals and policies of the California Environmental Quality Act, and found the development of the site to be consistent with the goals and policies of the Conservation Element. 7. Parks and Recreation The Project has been conditioned to pay park acquisition and development fees prior to recordation of the Final Map. 8. Safetv The City Engineer, Fire and Police Departments have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal, as conditioned, meets those standards. A Fire Protection Plan has been prepared and approved by the City Fire Marshal. 9. Noise The Project has been reviewed for compliance with the Noise Element and will comply with applicable noise measures at the time of issuance of the building permit. The Project has been conditioned to require that all dwelling units be designed to preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA for all outside private yard areas. ~-"" ..___~~... ~_.~__._~~~...__._.........L...............~_, ., Resolution No. 2006-346 Page 5 10. Scenic Highwav This Project Site IS not located adjacent to or visible from a designated scemc highway. II. Seismic Safetv A preliminary geotechnical investigation has been prepared for the project, which determined that a trace of the potentially active Nacion Fault is present on the property. The report recommended that certain geotechnical mitigation measures be required, which have been included in the Mitigated Negative Declaration as conditions of approval. Also, another condition of approval has been included which requires that a detailed soils report and geo-technical study be prepared in conjunction with grading plans, and that the Developer follow the recommendations of the geotechnical report and study prepared in conjunction with the grading plans. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the City Council finds that the configuration, orientation, and topography of the site allows for the optimum siting of lots for natural and passive heating and cooling opportunities and that the development of the site will be subject to site plan and architectural review to insure the maximum utilization of natural and passive heating and cooling opportunities. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. The site is physically suited for residential development because the proposed site can accommodate the density of residential development called for by the General Plan while at the same time grading the site in such as way that is sensitive to the existing sloping topography of the site. E. The conditions herein imposed on the grant of permit or other entitlement herein contained are approximately proportional both in nature and extend to the impact created by the proposed development. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. V. Government Code Section 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other Resolution No. 2006-346 Page 6 exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. VI. GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project The Developer, or his/her successors in interest and assigns, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 04-06, Villas Del Mar. VII. SPECIAL CONDITIONS OF APPROVAL A. The conditions herein imposed on the tentative map approval herein contained is approximately proportional both to nature and extent of impact created by the proposed development. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed by the Developer or successor-in-interest to the City's satisfaction prior to approval ofthe Final Map, unless otherwise specified: GENERAL! PLANNING AND BUILDING I. 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. 2. Developer and/or his/her successors in interest, shall comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of the Tentative Subdivision Map, as recommended for approval by the Planning Commission on October 18, 2006. Prior to approval of the Final Map for the project, the Developer shall enter into an agreement with the City, providing the City with such security and implementation procedures as the City may require compliance with the above regulatory documents. The Agreement shall also ensure that, after approval of the Final Map, the Developer and his/her successors in interest will continue to comply, remain in compliance, and implement such Plans. 3. Any and all agreements that the Developer is required to enter into hereunder shall be in a form approved by the City Attorney. 4. Design and construct all street improvements in accordance with Chula Vista Design Standards, Chula Vista Street standards, and the Chula Vista Subdivision Manual unless otherwise approved by the City Engineer. Obtain City Engineer approval of detailed improvement plans prepared by a registered civil engineer licensed in the State of California detailing horizontal and vertical alignment of public improvements. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter, sidewalk, pedestrian ramps, driveway, sewer and water utilities, drainage facilities, street light, and fire hydrants. 5. Guarantee the construction of public street improvements deemed necessary to provide service to the subject subdivision in accordance with City standards. ."--. - - -_.~-~--~.-'---~_...._-~~-- Resolution No. 2006-346 Page 7 6. Detailed street tree Plans for the Project shall be submitted concurrent with grading plan submittal and approved prior to approval of the Grading Permit by the Director of Building and Planning or designee. Plans shall be prepared by a registered Landscape Architect pursuant to the City's Landscape Manual, City Grading Ordinance and Subdivision Manual. 7. All retaining wall footings that occur within planter areas shall be of a deep-footed design to accommodate shrub plantings and tree planting where occur. In some cases this may be a specially designed footing to satisfy this condition. The tree and shrub plantings shall conform to the approved landscape concept plan. 8. Developer shall comply with all applicable sections of the Chula Vista Municipal Code, the City Growth Management Ordinance, and the City's General Plan, as amended from time to time. The Developer shall prepare any final maps and all plans in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance, Grading Ordinance, the Landscape Manual, and Subdivision Manual. 9. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified in writing 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. 10. Submit a "Recycling and Solid Waste Management Plan" which has been approved by the City of Chula Vista Conservation Coordinator. The plan shall demonstrate those steps the Developer will take to comply with Municipal Code, including but not limited to Sections 8.24 and 8.25, and meet the State mandate to reduce or divert at least 50 percent of the waste generated by all residential, commercial and industrial developments. The Developer shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. The plan shall incorporate trash enclosures which are designed to comply with the City's N.P.D.E.S. permit if applicable, to provide compatibility with the architectural style of the development, and to enhance trash enclosure doors where they are higWy visible. II. Developer shall diligently implement, or cause the implementation of all mltlgation measures pertaining to the Project identified in Mitigated Negative Declaration, IS-04-22. Mitigation measures not satisfied by a specific condition of this Resolution or by Project design shall be implemented to the satisfaction of the Director of Planning and Building. Mitigation Measures shall be monitored via the Mitigation Monitoring Program approved in conjunction with the above Mitigated Negative Declaration. Modification of the Resolution No. 2006-346 Page 8 sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in the circumstances warrant such revision. 12. Developer and/or its successors-in-interest shall, to the satisfaction of the Environmental Review Coordinator, deposit funds sufficient to pay the costs associated with the hiring of a Mitigation Monitor (biological specialist) to oversee the implementation of the biological mitigation measures identified in the IS-04-22 Mitigation Monitoring and Reporting Program. 13. Present written verification to the City Engineer from Sweetwater Authority that the subdivision will be provided adequate water service and long-term water storage facilities and comply with other requirements delineated in comment letter dated March 28, 2006. 14. Install fire hydrants as determined by the City Fire Marshall. Said hydrant locations shall be shown on the grading and/or improvement plans. 15. Provide evidence to the satisfaction of the City Engineer of ties to established survey monuments for the proposed street centerlines prior to issuance of any grading or construction permits, or approval of the final map. 16. Developer shall submit copy of agreement for review and approval by the Director of Planning and Building for new homeowners to sign agreeing to restriction contained within the CC&R's regarding the use and restrictions for individual driveways and garages. 17. Include sidewalks along at least one side of private drive throughout the project. Submit revised drawings to Director of Planning and Building and City Engineer for review and approval prior to issuance of grading permits. GRADING/DRAINAGE/NPDES 18. Submit and obtain approval by the City Engineer of grading plans prepared by a registered civil engineer. 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 Planning Director. Grading and improvement plans shall be based on NA VD88 vertical datum. All offsite grading and construction shall require signed and notarized letters of permission from the affected property owners. 19. Design all lot grading so that lot lines are located at the top of slopes. This may require the use of retaining walls along some lot lines. All retaining walls shall be noted on the grading plans and include a detailed wall profile. The maximum height of all retaining walls shall not exceed 6 feet per Section 19.58.150 of the Chula Vista Municipal Code. Structural wall calculations are required if walls are not built per City Standards and/or if fences are to be placed on top of retaining walls. Resolution No. 2006-346 Page 9 20. Submit and obtain approval by the City Engineer for an erosIOn and sedimentation control plan as part of grading plans. 21. Show the location of cut/fill lines based on existing topography on grading plans. 22. Submit a list of proposed lots indicating whether the structure will be located on fill, cut, or a transition between the two situations prior to approval of the final map. 23. Submit a detailed geotechnical report prepared, signed and stamped by both a registered civil engineer and certified engineering geologist prior to approval of grading plans and issuance of a grading permit. 24. Submit a drainage study prepared by a registered civil engineer to be reviewed and approved by the City Engineer prior to issuance of a grading permit or other development permit. Design of the drainage facilities shall consider existing onsite and offsite drainage patterns. The drainage study shall calculate the pre-developed and the post- developed flows and shows how downstream properties and storm drain facilities are impacted. The study shall include calculations sizing the proposed underground detention system. The extent of the study shall be as approved by the City Engineer. The energy dissipaters shall be designed to accommodate the runoff velocities from a 100- year storm. 25. All onsite drainage facilities shall be private. NPDES REOUIREMENTS 26. Comply with all provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program during and after all phases of the development process, including but not limited to: rough grading, construction of street and landscaping improvements, and construction of dwelling units. 27. The IS-foot wide sewer access road (Third Avenue Extension) shall be designed to handle storm water runoff form the site and from the adjacent properties to the north. Provide erosion control measures at the northerly end of said sewer access road and a PCC cross gutter at the storm drain outlet structure from the development. 28. The proposed project is subject to NPDES General Construction Permit requirements. Obtain permit coverage and develop a Storm Water Pollution Prevention Plan (SWPPP) prior to the issuance of a Land Development (Grading) Permit. Said SWPPP shall include construction and post-construction Best Management Practices (BMPs) for storm water pollution prevention, as well as funding mechanisms for post-construction BMPs. 29. The applicant is required to complete the applicable forms upon submittal of the project grading plans (see City of Chula Vista's Development and Redevelopment Storm Water Management Requirements Manual) and comply with the Manual's requirements. Resolution No. 2006-346 Page 10 30. According to the NPDES Municipal Permit, Order No. 2001-01, this project is considered a Priority Development Project and, hence, subject to the requirements of the Standard Urban Storm Water Mitigation Plans (SUSMPs) and Numeric Sizing Criteria. 31. The developer shall enter into an agreement to fully implement NPDES best management practices ("BMPs") to reduce the amount of pollutants entering the city's storm water conveyance system, including but not limited to: a. Providing storm drain system stenciling and signage; more specifically: i. Provide and maintain stenciling or labeling near all storm drain inlets and catch basins. 11. Post and maintain City-approved signs with language and/or graphical icons that prohibit illegal dumping at public access points along channels and creeks. b. Installing and using efficient irrigation systems and landscape design; more specifically: 1. Employ rain shutoff devices to prevent irrigation after precipitation. 11. Adjust irrigation systems to each landscape area's specific water requirements 111. Using flow reducers or shutoff valves triggered by a pressure drop to control water loss in the event of broken sprinkler heads or lines. IV. Employing other comparable, equally effective, methods to reduce irrigation water runoff. c. Employing integrated pest management principles. More specifically, eliminate and/or reduce the need for pesticide use by implementing Integrated Pest Management (IPM), including: (I) planting pest-resistant or well-adapted plant varieties such as native plants; (2) discouraging pests in the landscaping design; (3) distributing IPM educational materials to homeowners/residents. Minimally, educational materials must address the following topics: keeping pests out of buildings and landscaping using barriers, screens, and caulking; physical pest elimination techniques, such as, weeding, squashing, trapping, washing, or pruning out pests; relying on natural enemies to eat pests; and, proper use of pesticides as a last line of defense. d. Educate the Public. More specifically, the Homeowners Association, through Property Management, etc., shall inform residents about the City's non-storm water and pollutant discharge prohibitions. This goal can be achieved by distributing informative brochures (some available free from the City of Chula Vista) to new home buyers and dedicating sections of newsletters to storm water quality issues, as applicable. __.J Resoluti.on No. 2006-346 Page 11 SEWER/WATER 32. All proposed public sewer lines shall be located within the 24-foot public sewer and access easement. Developer shall be responsible for obtaining any needed offsite sewer easements. 33. Design and construct all the sewer mains and manholes within Villas Del Mar Court and the Third Avenue Extension to public standards in accordance with Chula Vista Design Standards and Chula Vista Subdivision Manual. 34. A Portland Cement Concrete (PCC) paved access is required through the development. An asphalt concrete (AC) paved access is required through the Third Avenue Extension to accommodate City sewer maintenance trucks and fire trucks. All paved access shall be designed based upon a Traffic Index (TI) of 5.0. 35. If the flow line elevation at the end of the proposed gutter at the northerly end of the sewer access road is higher than the rim elevation of the existing sewer manhole just to the north of the property limits, the existing sewer manhole shall be upgraded to a water tight sewer manhole. 36. An additional sewer manhole shall be required either upstream or downstream of MH 5, to prevent a ninety (90) degree bend in the sewer main. 37. The paved sewer access on Third Avenue shall extend to the existing northerly sewer manhole shown on the Tentative Map. 38. Removable bollards or an approved access gate shall be required at the entrance to the sewer access road, just south of Lot 10. STREETS 39. Provide a 1 DO-watt street light on North Del Mar Avenue as approved by the City Traffic Engineer. 40. Design and construct public street improvements fronting the properties located at 160 and 152 North Del Mar Avenue to connect to the existing improvements south of the project and provide a transition north of the project. Installation of street improvements shall include, but not be limited to curb, gutter, sidewalk, alley type apron, cross gutter, approved pedestrian ramps, and street light on per City Standards. Street improvements on North Del Mar require a centerline to curb width of 18 feet. 41. Driveway dimensions shall include the width of the driveway flares. Driveways shall comply with the City of Chula Vista driveway standards per CVCS 1A. 42. Streets within the development shall be private. Resolution No. 2006-346 Page 12 43. The existing power pole shall be relocated as shown on the Tentative Map. All utilities services for the subdivision shall be underground. EASEMENTS 44. Grant to the City a 24-foot public sewer and access easement over the public sewer lines on the Final Subdivision Map. 45. A private 10-foot storm drain easement on Lot 8 shall be granted on the Final Subdivision Map to APN 563-290-05-00, 152 North Del Mar Avenue. 46. Grant to the City on the Final Subdivision Map a 5.5-foot wide street tree planting and maintenance easement along North Del Mar Avenue as shown on the Tentative Map. 47. The private 5-foot landscape (Lots 1-10) and 25-foot general utility and drainage easement (Lot A) within the subdivision boundary shall be conveyed to subsequent purchasers of Lots 1-10 pursuant to the requirements of Section 18.20.150 of the Municipal Code of the City ofChula Vista. AGREEMENTS 48. Agree 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 of Chula Vista, 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 ofthe Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 49. Agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 50. Agree to ensure that all franchised cable television companies (Cable Company) are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. 51. Agree to comply with all applicable sections of the Chula Vista Municipal Code and prepare the Final Parcel Map and all plans in accordance with the provisions of the Subdivision Map Act, Subdivision Ordinance and the Subdivision Manual of the City of Chula Vista. Resolution No. 2006-346 Page 13 52. Agree to include provisions in the Declaration of Covenants, Conditions and Restrictions (CC&R's) assuring maintenance of all common landscaping, open space, streets, driveways, sewer and drainage systems, which are private. The City of Chula Vista shall be named as a party to said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. All the individual homeowners of the project shall own all private driveways jointly and inseparably. Include provision that no private facilities shall be requested to become public unless 100% of all homeowners have agreed in the form of a written petition. 53. Prior to the approval a Final Map, a Declaration or Supplementary Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to the approval of the City Engineer and City Attorney. The CC&R's shall include the following obligations of the Homeowners Association (HOA): 1. A requirement that the HOA shall maintain comprehensive general liability insurance against liability incident to ownership or use of the following areas: -All open space lots that shall remain private, -Other Master Association property. 11. Before any revisions to provisions of the CC&R's that may particularly affect the City can become effective, said revisions shall be approved by the City. The HOA shall not seek approval from the City of said revisions without the prior consent of 100 percent of the holders of first mortgages or property owners within the HOA. 111. The HOA shall defend, indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the HOA. IV. The HOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of the City and 100 percent of the holders of first mortgages or property owners within the HOA. v. The HOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured to the satisfaction of the City Attorney. VI. The CC&R's shall include provisions assuring maintenance of all open space lots, streets, driveways, drainage and sewage systems which are private. VII. The CC&R's shall include provisions assuring HOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. VIII. 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. Resolution No. 2006-346 Page 14 IX. 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. x. The HOA 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 HOA. Xl. The HOA shall maintain all water quality facilities in conformance with the NPDES Municipal Permit, Order No. 2001-01 XU. The CC&R's shall include provisions assuring compliance with the solid waste and recycling program requirements, to the satisfaction of the City Conservation Coordinator. X111. The HOA shall maintain all landscaping installed in common areas as defined by the CC&R's. XIV. CC&R's shall include restriction related to garages and parking as follows: · Garages must be free and clear to allow for parking of 2 vehicles at all times. · No on street parking along private drive (other than designated guest parking spaces). · Driveways shall be available for additional guest parking 54. Developer agrees to submit Homeowners Association budget for review and approval by the City Engineer for the maintenance of private streets, water quality improvements, storm drains, sewage systems, electrical system, plumbing and roof. More specifically, said budget shall include the following provisions and maintenance activities: a. Streets must be sealed every 7 years and overlaid every 20 years b. Sewers must be cleaned once a year with the contingency for emergencies c. Red curbs/striping must be painted once every three years. d. The Homeowners Association shall be responsible for service utilities including water and sewer, and the billing and payment of these utility costs. e. Storm Water quality facilities inspected prior to and after every rain event and cleaned as necessary (twice a year minimum); media inserts replaced as recommended by the manufacturer; with a contingency for emergencies. The budget shall also include a monitoring program including sampling and preparation of an annual report, when required by the City. J Resolution No. 2006-346 Page 15 MISCELLANEOUS 55. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83). 56. Submit copies of the final map, grading plan, and improvement plan in a digital format such as (DXF) graphic file prior to approval of the Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 3 Y, HD floppy disk prior to the approval of the Final Map. 57. Submit a conformed copy of a recorded tax certificate covering the property prior to approval of the Final Map. 58. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 59. Developer shall install and make operable the fire hydrants, emergency vehicular access and street signs prior to delivery of combustible building materials, to the satisfaction of the City Fire Marshal. Said hydrant locations shall be shown on the improvement plans. 60. Provide precise underground fire service plans prior to locating Fire Department connections and post indicator valves, with placements to be approved by CVFD. All Fire Department connections must not be any closer than three feet to the face of curb. 61. Provide a water flow analysis for the underground fire service utility. Show all calculations on a point-to-point system. Provide proof that the most remote fire hydrant can produce a minimum flow of I ,500 gpm for 2 hours at 20 psi. 62. All underground fire service installation is to be inspected by CVFD. Call 72 hours in advance to schedule an appointment. 63. Provide contractors material and test certificate for underground pipe. 64. Design all dwelling units to preclude interior noise levels over 45dBA and exterior noise exposure over 65 dBA for all outside private yard areas. 64. Submit a phasing plan showing sequence of construction and occupancy of the project, including installation of landscaping, recreation amenities, utilities, and fire protection improvements. 65. Developer agrees to pay the all-applicable fees in accordance with the City Code and Council Policy including applicable Transportation Development Impact Fees (TDIF) and Public Facilities Development Impact Fees (PFDIF). Resolution No. 2006-346 Page 16 VIII. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the Developer shall execute this document by signing the lines provided below, said execution indicating that the property owner and Developer have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the property owner and the Developer, and a signed, stamped copy of this recorded document shall be returned to the Planning and Building Department. Failure to return a signed copy and a stamped copy of this recorded document within thirty days of recordation to the City Clerk shall indicate the property owner and Developer's desire that the Project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office. Signature 0 perty Owner /II IIr Signature of Developer IX. 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, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. X. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Ji Sandoval anning and Building Director ~~~ Ann Moore City Attorney Resolution No. 2006-346 Page 17 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 21st day of November 2006 by the following vote: AYES: Councilmembers: Castaneda, Chavez, McCann, Rindone, and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None /1k/C~~~0- Stephen C. Padilla, Mayor ATTEST: ~~J ).6 1 ~~~ Susan Bigelow, MMC, City k 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. 2006-346 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 21 st day of November 2006. Executed this 21st day of November 2006. ~ --JWa 1 ;::::==?~!J ~ Susan Bigelow, MMC, City C k Resolution No. 2006-346 Page 18 /q EXHIBIT "A"