Loading...
HomeMy WebLinkAboutAgenda Packet 2001/01/23 (2) CITY COUNCIL AGENDA January 23, 2001 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CHY OF CHULA VISYA City Council City Manager Patty Davis David D. Rowlands, Jr. Stephen C. Padilla City Attorney Jerry R. Rindone John M. Kaheny Mary Salas City Clerk Shirley A. Horton, Mayor Susan Bigelow The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 47 AGENDA January 23, 2001 6:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · PRESENTATION OF A $50,000 DONATION BY DUKE ENERGY TO THE CHULA VISTA NATURE CENTER CONSENT CALENDAR (Items 1 through 3) The Council will enact the staff recommendations regarding the following items listed under the Consent Calendar by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak"form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed afier Action ltems. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES of December 19, 2000. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter from Vivian Carrasco, a student at the Academy of Our Lady of Peace High School, requesting financial assistance to attend the 2000 Youth Leadership Conference at Freedoms Foundation, Valley Forge, Pennsylvania. Staff recommendation: $50 from the Council Contingency Account be granted to Vivian Carrasco toward expenses incurred for her attendance at the Freedoms Foundation Conference. B. Letter from Wayne Landon, Government Relations Director of Cai-Diego Paralyzed Veterans Association regarding issues related to accessibility to City buses for paralyzed veterans. Staff recommendation: The item be referred to staff. 3 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, A GRANT DEED OF THE FEE TITLE OF CERTAiN PROPERTY FROM D.R. HORTON SAN DIEGO HOLDiNG COMPANY, 1NC. FOR PUBLIC PARKS AND OTHER PUBLIC PURPOSES B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CONVEYANCE OF THE FEE TITLE OF CERTAiN PROPERTY TO D.R. HORTON SAN DIEGO HOLDING COMPANY, iNC., A CALIFORNIA CORPORATION, AND AUTHORIZiNG THE MAYOR TO EXECUTE A GRANT DEED FOR THE LEGAL TRANSFER OF SAID PROPERTY C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG FiNAL "A" MAP NO. 3 FOR CHULA VISTA TRACT NO. 96-04 OTAY RANCH VILLAGE 5, ACCEPTING ON BEHALF OF THE CITY THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, ACKNOWLEDGING ON BEHALF OF THE CITY THE IRREVOCABLE OFFER OF DEDICATION OF FEE iNTERESTS iN LOTS A, B, C, E, F, J AND P FOR OPEN SPACE AND OTHER PUBLIC PURPOSES, LOT D FOR PUBLIC PARK PURPOSES, ALL AS SHOWN ON SAID MAP WITHiN SAID SUBDWISION, AND VACATiNG ON BEHALF OF THE CITY CERTAIN IRREVOCABLE OFFERS OF DEDICATION FOR OPEN SPACE LOTS AND PARK LOTS LOCATED WITHiN THE BOUNDARIES OF THE FiNAL "A" MAP NO. 3 D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 96-04, OTAY RANCH VILLAGE 5 "A" MAP NO. 3 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Council will consider approving grant deeds affecting a land swap between the City and D. R. Horton, which is required to accommodate the final design of Park P-9 and street layout in Village 5. In addition, Council will consider approving "A" Map No. 3 and companion Supplemental Subdivision Improvement Agreement for Village 5 of the Otay Ranch Project. Final plarming and design efforts slightly shifted the property lines, roads, open space, and parks in Village 5, making it necessary to file a new map. The "A" Map contains thirteen "super block" lots, which will require the subsequent filing of final "B" maps and a Community Purpose Facility site. By approving the proposed map, Council will vacate certain existing irrevocable offers of dedication (IOD's) for open space lots and park lots and various easements located within the proposed map. The proposed "A" Map No. 3 includes new IOD's and easements to accommodate backbone infrastructure improvements. (Director of Public Works) Staff recommendation: Council adopt the resolutions. Page 2 - Council Agenda 01/23/01 ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff Comments are limited to three minutes. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussion and deliberation by the Council, staff or members of the public. The items will be considered individually by the Council, and staff recommendations may, in certain cases, be presented in the alternative. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 4. REPORT RESPONDING TO COUNCIL REGARDING ENACTMENT OF THE MILLS ACT 1N CHULA VISTA This report is in response to Council's request of December 7, 1999 to further research specific implications of implementing the Mills Act in Chula Vista. Since that time, staff has done research and has met with the Resource Conservation Commission and other interested citizens to evaluate methods by which the Mills Act could be implemented in the City. (Director of Planning and Building) Staff recommendation: Council accept the report and direct staff to draft a Mills Act ordinance that would allow it to enter into Mills Act agreements. ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 5. CITY MANAGER'S REPORTS A. Scheduling of meetings. 6. MAYOR'S REPORTS 7. COUNCIL COMMENTS Page 3 - Council Agenda 01/23/01 CLOSED SESSION 8. CONFERENCE WITH LEGAL COUNSEL REGARDiNG INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) · One Case 9. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 · City Negotiator: City Manager · Employee Organization: International Association of Firefighters ADJOURNMENT to an Adjourned Regular Meeting in the Council Conference Room, and thence to the Regular Meeting of February 6, 2001, at 4:00 p.m. in the Council Chambers. Page 4 - Council Agenda 01/23/01 RECEIVED 397 E. Millan Ct. ChulaVista, CA91910 '01 ,.~ 17 /111 :~tl January 8, 2001 CITY OF CHULA ¥tS-i-,~ City of Chula Vista CITY CLERK'S OFFICt 276 Fourth Ave. Chula Vista, CA 91910 Dear City of Chula Vista, I am one of the thirty-six high school students reCently selected to attend the 2000 Youth Leadership Conference at Freedoms Foundation at Valley Forge, Pennsylvania and Washington D.C. The mission of Freedoms Foundation at Valley Forge is to impart to Americans - particularly young Americans- an understanding of, and commitment to our national heritage, the basis values upon which this nation was built, the free enterprise system, and responsible citizenship. The conference on the Valley Forge campus will include meetings with prominent historians, educators, journalists and economists. There will also be tours of Valley Forge National Park and historic Philadelphia. We will travel to Washington, D.C., to meet legislators and visit important national historic sites. I am a junior at the Academy of Our Lady of Peace High School. My high school activities include being a member of the National Arts Honor Society, the Speech Club, and the Spanish Honors Society. I am enrolled in Advanced Placement classes that include U.S. History, Studio Art, Spanish, and American Literature, and I have a 4.0 GPA. The San Diego County Chapter of the Freedoms Foundation at Valley Forge organizes, sponsors, and underwrites a significant portion of the costs of this trip. We students are asked to find financial sponsors within our.community who support your programs. I need to raise a total of $600 by February 1, 2000. I hope that you will consider helping me achieve this goal. To show my appreciation of your sponsorship, I would be happy to provide a program on the conference and Freedoms Foundation at Valley Forge at one of your meetings. Please call me at (619) 585-0356 or Diana Nolkes at (858) 538-5609 if you need more information. Checks must be made out to FFVF~ San Diego County Chapter and mailed to me at the adress given below. Thank you so much for considering sponsoring me on this wonderful and exciting learning opportunity. COUNCIL OFRCE$ Vivian Carraseo C~ULA VISTA, CA 397 E. Mil[an Ct. Chula Vista, CA 91910 (619) 585-0356 CAt -DIEGO PARALYZED VETERANS ASSOCIATION Jolla Village Drive, Room #1A-~ ~n~ie~,~ 335O La (858) 450-1443 · FAX (8~_)~tv~-4~5~~ II January 4, 2001 I COUNCIL Mayor Shirley Hutton 276 4m Avenue Chula Vista, CA 91910 Dear Mayor Horton, I am writing this letter to you requesting that Louis Irvin, Cat-Diego Executive Director, and I be placed on the agenda of the January 23, City of Chula Vista City Council meeting. It has been brought to my attention that many Cai-Diego Paralyzed Veterans Association members, who use wheelchairs, have been continuously experiencing difficulty accessing Chula Vista City buses. We would appreciate the opportunity to address the City Council conceming the issues related to these problems. Inoperable wheelchair lifts and drivers who blatantly passed by potential riders are two of the more common complaints. We would like to discuss these and other accessibility problems and offer some potential solutions. Please send confirmation that we have been added on to the agenda. Thank you for your time and effort. If you have any questions, please feel free to contact me. S;,ncere!y, Wayne Landon Government Relations Director COUNCIL AGENDASTATEMENT Item "~ Meeting Date 1/23/01 ITEM TITLE: Resolution Accepting on behalf of the City of Chula Vista, a Municipal Corporation, a grant deed of the fee title of certain property fi.om D.R. Horton San Diego Holding Company, Inc. for public parks and other public purpo§es. Resolution Approving the conveyance of the fee title of certain property to D.R. Horton San Diego Holding Company, Inc., a California Corporation, and authorizing the Mayor to execute a Grant Deed for the legal transfer of said property. Resolution Approving the Final "A' Map No. 3 for Chula Vista Tract No. 96-04 Otay Ranch Village 5, accepting on behalf of the City of Chula Vista the easements granted on said map within said subdivision and acknowledging on behalf of the City of Chula Vista the irrevocable offers of dedication of fee interests in lots A, B, C, E, F, J and P for open space and other public purposes, lot D for public park purposes, all as shown on said map within said subdivision, and vacating on behalf of the City of Chula Vista certain irrevocable offer of dedications for open space lots and park lots located within the boundaries of the Final "A" Map No. 3. Resolution Approving a Supplemental Subdivision Improvement Agreement for Chula Vista Tract 96-04, Otay Ranch Village 5 "A" Map No. 3 and authorizing the Mayor to execute said agreement. SUBMITTED BY: Director of Public REVIEWED BY: City Mamtger Tonight, Council will consider approving grant deeds affecting a. land swap between the City and D. R. Horton, which is required to acconunodate the final design of Park P~9 and street layout in Village 5. In addition, Council will consider approving "A" Map No. 3 and companion Supplemental Subdivision Improvement Agreement for Village 5 of the Otay Ranch Project. Final planning and design efforts shifted around slightly the property lines, roads, open space, and parks in Village 5, making the necessity to file a new map. The "A" Map contains thirteen (13) "super block" lots, which will require the subsequent filing of final "B" maps and (1) Community Purpose Facility site. By approving the proposed map, Council will vacate certain existing IOD's for open space lots and park lots and various easements located within the proposed map. The proposed "A" Map No. 3 includes new lOD's and easements to accommodate the backbone infrastructure improvements. Page 2, Item Meeting Date 1/23/01 RECOMMENDATION: That Council adopt the following: 1. Resolution accepting a grant deed of fee title of certain real property for public park and other public purposes. 2. Resolution approving the conveyance in fee title of certain real property to D.R. Horton San Diego Holding Company, Inc. 3. Resolution approving the Otay Ranch Village 5 "A" Map No. 3. 4. Resolution approving a Supplemental Subdivision Improvement Agreement for Otay Ranch Village 5 "A" Map No.3. DISCUSSION: On February 1, 2000 by Resolution 2000-045, Council approved the initiation of eminent domain proceedings to acquire the fee simple interest and easement interest in portions of Parcel 35A, located with the boundaries of Village 5, necessary for the adjoining land owner to satisfy their park construction requirement of the proposed paseo and park P-9 within Village 5. The condemnation proceedings have been already completed and the corresponding final order of condenmation recorded on November 20, 2000. The revised final design of Park P-9 (see Attachment 1) requires adjusting the park boundary. The proposed grant deeds would accomplish the necessary lot line adjustment between the park and the adjoining private property. The portion granted to D. R. Horton has been incorporated in the proposed "A" map No. 3. As mentioned before, final planning and design efforts changed slightly the property lines, streets, open space, and parks in Village 5. Staff approved these changes on June 29, 2000 as being in substantial compliance with the Tentative Map. Staff believes that the new subdivision layout offers a superior product by providing a better grading concept, elthancing circulation and infrastructure design, and providing a larger "usable" park acreage. Although the gross area of the park would be reduced (City will be conveying 4040 square feet to D. R. Horton and receiving 878 square feet), the net "usable" area of the park will be increased by 4635 square, feet. This is due to a revised park grading, which would allow using a larger area of the surrounding park slopes for recreation purposes. On November 19, 1996, by Resolutions No. 18613 and 18398, Council approved the tentative map for Otay Ranch, Village 1 and a portion of Village 5. On August 4, 1998, by Resolution Nos. 19124 and 19125, Council approved the Otay Ranch Village Five "A" Map No. 1 (Map No. 13615) and associated agreements. Map No. 13615 essentially mapped Phase 1 of Village 5, which nowadays is being actively developed. On April 18, 2000 by Resolution No.2000-120 and 2000-121, Council approved the Otay Ranch Village Five "A" Map No. 2 (Map No. 13962) and associated agreement. The "A" Map No. 2 excluded "Parcel 35A" owned at that time by the Stephen and Mary Birch Foundation. Subsequent to the condemnation, the remainder of Parcel 35A has been purchased by D.R. Horton (the easements acquired through condemnation contemplated changes and contained deed reservations of rights to make changes upon development with the approval of the City). The new owner of said Parcel 35A has joined efforts with the Otay Ranch Company for processing the proposed "A" Map No. 3, of which encompasses all the remaining developable land in Village 5 (see Attachment 2). Page 3, Item Meeting Date 1/23/01 The proposed map consists of the following: ' Nnm rof NUmbcrofPr ateNnmberofLOt fo NUmber of ,,superblock,, Open SPace, streets, Open Space or LOts LOts ~ CPF, Private parks Public park Acreage 31 13 (124.4 Ac.) 12 (20.3 Ac.) 6 (23.0 Ac.) 167.7 Ac - Requires filing of subsequent "B" maps The Final Map has been reviewed by the Department of Public Works and the Planning and Building Department and found to be in substantial conformance with the approved tentative map. All required fees and/or deposits specific to this map have been collected. Approval of the map constitutes acceptance by the City of all sewer, general utility and access easements granted on said map. The private streets, private open space, private recreation center and private parks will be maintained by a Homeowner's Association. Council's approval of the proposed map wilt also acknowledge the Irrevocable Offers of Dedication (IOD) of Fee Interests for the following lots: · Lots A, B, E, F and J for Open Space and Other Public Purposes. Lots E and J will remain in private property and will be maintained by a Homeowner's Association. Lot F will contain the future Poggi Canyon Channel and regional trail that runs adjacent to Olympic Parkway. · Lots C, D and P for Public Park Purposes or Public Open Space. These lots will contain the public paseo linking Neighborhood Park P-6 (Cottonwood Park) and Neighborhood Park P-9 (Breezewood Park). The City will not accept lots designated for public uses (i.e., open space and parks) until the corresponding improvements are completed and accepted by the City. Section 7050 of the Govermnent Code provides that the City may accept an IOD at a future time. Approval of the proposed map will also constitute vacation of several open space lots and easements granted on Map No. 13962 All these lots and easements are located within the boundaries ofthe"A' Map and therefore can be vacated on the map. New open space lots and easements are proposed by the subject "A' Map. Permanent slope easements to the City, obtained through condemnation, will also be vacated on the map and be replaced with open space lots granted to the City in fee interest. Th ......... eproposed A Maptdentlfiesmultlfamfiys~teR-39asa"Remainder"parcel. In the companion Supplemental Subdivision Improvement Agreement, as a condition precedent to the City issuing any grant of approval for development of that parcel, the Otay Ranch Company agrees to obtain approval ora final parcel map for that site. Park Acquisition and Development fees will be required before parcel map approval. It should be noted that construction of improvements is not required for approving the proposed map. Page 4, Item Meeting Date 1/23/01 All the offsite backbone facilities providing service to the project (i.e., Olympic Parkway, East Palomar, La Media, Paseo Ranchero) are being constructed pursuant to the Olympic Parkway Agreement approved by Council on April 20, 1999. Also, pursuant to the Development Agreement with the Otay Ranch Company approved by Council on March 4, 1997, the developer is not required to provide security for any onsite backbone facilities with the "A" Map. Instead, this agreement stipulates that the developer shall enter into an agreement to construct and provide security for the construction of these facilities prior to approval of the first "B' Map for any lot created by the "A" Map. Supplemental Subdivision Improvement Agreement The developer has already executed a Supplemental Subdivision Improvement Agreement ("SSIA") to satisfy Condition Nos. 1, 2, 3, 4, 5, 8, 9, 10, 22, 23, 27, 28, 31, 37, 38, 50, 52, 82(c), 83, 90, 91, 94, 103, 104, 108, 109, 110, 113, 117, 120, 123, 128, 129, 130, 131,132, 133, 137, 142 and 152of Resolution No. 18398 and Condition Nos. 1, 2, 3, 4, 5, 8, 9, 10, 22, 23, 27, 28, 31, 37, 38, 50, 52, 82(c),83,90,91,94, 103,104, 108, 109, 110, 113,117, 119, 122, 127, 128, 129, 130, 131,132, 136, 141 and 151 of Resolution No. 18613. Staff considers that the S SIA satisfies all the applicable tentative map conditions for final map approval. The Tentative Map conditions of approval are presented in Attachment 3. The SSIA has been approved as to form by the City Attorney and is ready for Council approval. Developer's disclosure statements is attached as Attachment 4. Environmental Review The City's Environmental Review Coordinator has reviewed the Project and determined that it is in substantial conformance with the Otay Ranch General Development Plan (GDP) Program EIR 90- 01, SPA One EIR 95-01, subsequent amended SPA One Plan EIR 97-03 and other related environmental documents and that the proposed "A" Map No.3 would not result in any new environmental effects that were not previously identified, nor would the proposed "A" Map No. 3 result in a substantial increase in severity in any impacts previously identified. FISCAL IMPACT: None to the General Fund. Developer has paid all costs associated with the proposed Final Map and agreement. Attachments: AUachment 1: Park P-9 Lot Line Adjusl~nent Attachment 2: Plat - Proposed "A" Map No. 3 Attachment 3: T.M. Conditions of Approval Attachment 4: Developer's Disclosure Statement File: ORI74F Toby Espinola H:\HOME\ENGINEER\LANDDEV\OTAYRNCH\A 113 OR 174F-tree.doc ~ SHEET ! OF ! SHEET Attachment 1 ~. ff PARCEL ~ J (157'09~8' P~ ORDER OF OTAY RANCH VILLAeE ~ CONDEM~EON) BREEZEWOOD PARK NUMBER DELTA RADIUS LENGTH ¢I 20'#I'55" I0.00 3.61 C2 09'48'04" 40.00 6.84 NUbfSER 8EARINO DISTANCE 4040 SO. Fl:, 48'o2'47'E 22.54' .18'02'47'E 9.29' ? 48'02'47"E 13.25' ,'.', PARCEL "B" OF F/N/AL < ORDER OF CONDEMNATION o~ RECORDED 11-20-2000, ~. AS DOCUMENT NO. 2000-0629476 IHUNSAKER ~ INDICATES I. AND TRANSFER FROM THE ClIY OF ASSOCIATES ~_~ CHULA VISTA TO D.R. HORTON, PARCEL I, 4040 s^. u,,co, ,.c SQUARE FEET, ~m~9.u,~,-,ek~s..~ \ ~ INDICATES ~ND TP~'~ISFER FROM D.R. HO;?TON PH(~mse.~.~(BSB)S.~q,~ TO THE CiTY OF CHULA VISTA. PARCELS. 2 AND r~:\O222\aMAP\DP CONDEMN. DWG - W.O. 25-2704 %~_C-20-2000 13:45 HUNSRKER & ASSOCIATES SD 858 558 4500 P.02×02 ATTACHMENT 3 TM CONDITIONS OTAY RANCH VILLAGE 5 Resolution No. 18398 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, Parks and Recreation, and the City Engineer (b). unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the Developer shall be required to provide subordination of any prior lien holders in order to ensure that the City has a first priority interest in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. 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. Comply with all requirements and guidelines of the Parks, Recreation Open Space and Trails Plan, Public Facilities Financing Plan, Ranch Wide Affordable Housing Plan, Spa One Affordable Housing Plan, and the Non-Renewable Energy Conservation Plan, 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. 2. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the term "Developer" shall also mean "Applicant". 3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The 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. 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 SCHEDULE"l" Environmental Impact Report for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. 5. The applicant shall comply with all applicable SPA conditions of approval. 6. Any and all agreements that the applicant is required to enter in hereunder, shall be in a form approved by the City Attorney. 7. The terms, conditions and time limits associated with this tentative map shall be consistent with the Development' Agreement approved by Ordinance No. 2679 by the City Council on July 16, 1996 ("Development Agreement") and as amended on October 22, 1996. 8. The applicant shall comply with the terms of the Conveyance Agreement, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"). ENVIRONMENTAL 9. Prior to approval of each "B" Map, the applicant shall implement all applicable mitigation measures identified in EIR 95-01, the CEQA Findings of Fact for this Project (on file in the City Clerk's Office as Document No. CO96-056) and the Mitigation Monitoring and Reporting Program (on file in the City Clerk's Office as Document No. CO96-057). 10. Prior to the approval of each final "B" Map, the applicant shall comply with all applicable requirements of the Phase 2 Resource Management Plan (RMP) as approved by the City Council on Jtme 4, 1996 and as may be amended from time to time by the City. 11. Prior to the approval of each final "B" Map, the applicant shall comply with the Otay Ranch Resource Preserve in lieu fee program to be adopted by the City Council. 12. The Applicant shall comply with any applicable requirements of the California Department of Fish and Game, the U.S. Department of Fish and Wildlife and the U.S. Army Corps of Engineers. DESIGN 13. The secondary access in the southern portion of Neighborhood R-30 shall be surfaced with "grass-crete", "turf-block" or some other comparable material unless otherwise approved by the Planning Director and Fire Chief. Bollards shall be provided instead of the locking gate noted on the map. The bollards shall be located closer to the terminus of the cul-de-sac (Parker Mountain Road), rather than adjacent to Santa Rosa Drive. 14. Any proposed monumentation/signage shall be consistent with the Village Design Plan and shall be reviewed and approved by the Planning Director prior to approval of the appropriate final map. t 5. 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 SCHEDULE"l" soften their appearance as follows: one 5-gallon or larger size tree per each 150 square feet of slope area, one 1-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and approved by the Planning Director prior to approval of the appropriate final map. 16. A comprehensive wall plan indicating color, materials, height and location shall be reviewed and approved by the Planning Director prior to approval of any final "B" Map. 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 masonry and/or wrought iron material. A revised acoustical analysis indicating if view fencing, such as a combination of masonry and wrought iron, is allowable at the ends of cul-de-sacs backing up to Telegraph Canyon Road, East Orange Avenue and Paseo Ranchero, shall be prepared prior to submittal of the wall plan indicated above. If such fencing is allowable per the final acoustical analysis it shall be provided at the ends of the following streets: Parker Mountain Road, Geyserville Street, Jamestown Drive, Moss Landing Avenue, Porterville Court, Firebaugh Court, Street C4, San Dimas Court, Hanford Court, Rocklin Court, Colton Court, Rincon Point, Santa Inez Avenue, Traver Court, Vernon Court, Lindsay Street, Applegate Street, and Dunsmuir Court. View fencing shall be provided at the ends of all other open cul-de-sacs where a sound wall is not required. Any combination free standing/retaining walls shall not exceed 8.5 feet in height. The applicant shall submit a detail and/or cross section of the maximum/minimum conditions for all "combination walls'~ which include retaining and free standing walls. Said detail shall be reviewed and approved by the Director of Planning prior to the approval of the first final map. The maximum height of all retaining walls shall be 2.5 feet in height when combined with freestanding walls which are six feet in height. A 2-3 foot separation shall be provided between free standing and retaining walls where the combined height would otherwise exceed 8.5 feet. 17. Lots backing or siding onto pedestrian paseos or parks shall be provided with view fencing, such as three feet of wrought iron on top of a three foot masonry wall, subject to approval by the Fire Marshal and the Planning Director. 18. Should the applicant propose an amendment to the Otay Ranch General Development Plan to reduce density within the Village Cores at some time in the future, the provision of additional alley product shall be analyzed and considered concurrently with said amendment. 19. The Design Review Committee shall review and approve the elevations of all homes backing and siding onto Telegraph Canyon Road in Neighborhood R-5. 20. A minimmn of thirty percent of all 55 x 105 feet lots in each final map shall be provided with Hollywood driveways. The applicant agrees to process an amendment to the Planned Community District Regulations for SPA One to reflect said requirement. SCHEDULE"l" STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS 21. Dedicate for public use all the public streets shown on the tentative map within the subdivision boundary. Prior to the approval of the applicable "B" Map, the applicant shall enter into an agreement to guarantee the construction of all street improvements as required by the PFFP for each particular phase. 22. Secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the construction and/or construdt full street improvements for all on-site and off-site streets deemed necessary to provide service to the subject subdivision. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, signs, landscaping, irrigation, fencing and fire hydrants. Street cross sections shall conform to the cross sections shown on the Tentative Map. 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. Exhibit A indicates the relationship between the Otay Ranch SPA One roadway designations and the approved City designations in the Circulation Element of the General Plan for purposes of determining the appropriate design standards for all streets within SPA One. Should the City Engineer deem that the construction of sidewalks along the offsite portions of East Orange Avenue and East Palomar Street west of Pasco Ranchero is not necessary to provide service to the subject subdivision, their construction may be delayed. The developer shall dedicate on the appropriate final "B" Map, the right-of-way to extend Carmel Avenue, Santa Lucia Road, Santa Flora Drive, Gold Run Road, Applegate Street, Livingston Avenue and Grayson Court to the easterly subdivision boundary of Village One. The City Engineer and the Planning Director may waive this requirement if it is demonstrated that a street does not need to be extended to provide access to the adjacent property. Unless otherwise approved by the City Engineer, the developer shall provide a cul-de-sac at the end of all proposed street stubs along the subdivision boundary. The City Engineer may approve the installation of a temporary turnaround at the end of those streets that might be extended in the future to provide access to the adjacent property. 23. In accordance with the pre-annexation Development Agreement the developer shall grant to the City fee title to the right-of-way for SR 125. Said right-of-way shall be contained in a lot granted to the City for open space, transportation and other public purposes. The right-of-way shall be granted at such time as requested by the City. 24. As part of the improvement plans associated with the final "B" Map which triggers the installation of the related street improvements, install a fully activated traffic signal including interconnect wiring at the following intersections: SCHEDULE"l" a. East Palomar Street and Paseo Ranchero b. East Palomar Street and La Media Road c. East Palomar Street and East Orange Avenue d. East Orange Avenue and Paseo Ranchero e. East Orange Avenue and La Media Road Install underground improvements, standards and luminaries with construction of street improvements, and install mast am~s, signal heads and associated equipment as determined by the City Engineer. 25. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher classification streets simultaneously with the associated improvement plans. 26. Design all vertical and horizontal curves and intersection sight distances to conform to the Caltrans Highway Design Manual. Sight visibility easements shall be granted as necessary .to comply with the requirements in the Caltrans Highway Design Manual. 27. Plant trees within all street parkways which have been selected from the revis~d list of appropriate tree species described in the Village Design Plan which shall be approv, ec[ by the Directors of Platmlng, Parks and Recreation and Public Works. The applicant shall prov"~ ro6t control methods per the requirements of the Parks and Recreation Director and a deep watering irrigation system for the trees. An irrigation system shall be provided from each individual lot to the adjacent parkway. The improvement plans, including final selection of street trees, .for the. street parkways shall be approved by the Directors of Planning, Parks and Recreation and the City Engineer. 28. Enter into an agreement with the City, prior to approval of the first final "A" 1VI'hPl Wher~ ' the developer agrees to the following: . a. Fund and install Chula Vista transit stop facilities when directed by the Director of Public Works. The improvement plans for said stops shall be pr~'pared ih accordance with the transit stop details described in the Village Design Plans and approved by the Directors of Planning and Public Works. b. Not protest the formation of any future regional benefit assessment ~strict to finance the Light Rail Transit. c. Fund its fair share of the cost of construction of the two pedestrian, br!.dges connecting Villages One to Village Two and Village Five to Village Six as determined by the City Engineer based on the proportionate benefit received from the improvements. The developer shall also identify the financing mechan)sm to be used to fund said cost. SCHEDULE"l" 29. Grant in fee to the City the right-of-way for the Light Rail Transit as indicated on the approved Tentative Map. Said right-of-way shall be contained in lots granted to the City for open space, transportation, and other public purposes. Said lots shall not extend across street intersections unless approved by the City Engineer. Include 'said lots in an open space district. 30. Guarantee the construction and enter into an agreement to construct the pedestrian bridge connecting Village One to Village Five in accordance with improvement plans approved by the City prior to approval of the final map that requires construction of La Media Road between East Palomar Street and East Orange Avenue. The developer shall be responsible for the construction of said bridge and may seek, with the concurrence of the City, repayment from other benefiting property owners through a reimbursement district. 31. In the event the Federal Government adopts ADA standards for street rights-of-way which are in .conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. 32. Prior to approval of any final map that requires the construction of Santa Madera Avenue between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), in order to access the final map property, the developer shall accomplish the following: a. Obtain all permits and agreements with the environmental regulatory agencies required to construct the "Temporary Roadway". b. Obtain a construction permit from the City approving the necessary modifications to the existing improvements in Telegraph Canyon Road including the provision of a fully activated traffic signal as directed by the City Engineer. c. Enter into an agreement where the developer agrees to: (1) Perform the following: (a) Restore the median improvements and remove the traffic signal as directed by the City Engineer to provide only right-in/right-out access at said intersection. This work shall be performed at such time as La Media Road between Telegraph Canyon Road and East Palomar Street is opened for public use. (b) Remove to the satisfaction of the City Engineer the remaining "Temporary Roadway" improvements required to close said intersection, at such time as a permanent road connecting Filmore Street in Village One to East Orange Avenue is opened for public use. SCHEDULE"I" (2) Restore the Telegraph Canyon Road improvements and regrade the area to be consistent with the streetscape of Telegraph Canyon Road and the drainage channel as directed by the City Engineer and Director of Parks and Recreation. (3) Install signs as directed by the City Engineer, indicating that the "Temporary Roadway" will be closed once the permanent road connecting Filmore Street in Village One to East Orange Avenue is opened for public use. (4) Provide a Notice in any residential disclosure document that the "Temporary Roadway" will be closed once the permanent road connecting Filmore Street in Village One to East Orange Avenue is opened for public use. (5) Provide security acceptable to the City in the amount determined by the City Engineer to guarantee the following: (a) Restoration of the median improvements and removal of the traffic signal required to provide only right-in/right-out access at said intersection. Said bonds shall be provided prior to approval of the final map requiring the construction of La Media Road between Telegraph Canyon Road and East Palomar Street. (b) Removal of the remaining temporary improvements required to close said intersection and restoration of the area as directed by the City Engineer and Director of Parks and Recreation. Said bonds shall be posted prior to approval of the final map for Village One Core or any unit thereof. (6) Provide for all costs associated with the vacation of the "Temporary Roadway" 33. As part of the improvement plans associated with the first final "B" Map which triggers the construction of Paseo Ranchero, La Media or Santa Paula Drive, provide the necessary modifications to the applicable existing traffic signals including interconnect wiring at the following intersections: a. Telegraph Canyon Road at St. Claire Drive b. Telegraph Canyon Road at Otay Lakes Road c. Telegraph Canyon Road at Paseo Ranchero SCHEDULE"l" Install underground improvements, standards and luminaries with construction of street improvements, and install mast arms, signal heads and associated equipment as determined by the City Engineer. 34. Include the right of way for the proposed "Temporary Roadway" (Santa Madera Avenue between Telegraph Canyon Road and Morgan Hill Drive) in a separate lot. In the appropriate final "B" Map, as determined by the City Engineer, grant said lot in fee to the City for open space, transportation, and other public uses. 35. Guarantee the construction 'and enter into an agreement to construct, prior to the approval of any final "B" Map for Neighborhoods R-15, 16, 17, 18, 19, CPF-1, 2, 3, C-I or 2 or any unit thereof, the construction of a permanent public road connecting Filmore Street in Village One to East Orange Avenue as depicted on the Tentative Map. This road shall have a right-of-way width of 40 feet and be designed and constructed to City standards for residential streets except that it shall have a width (curb to curb) of 26 feet and sidewalk only on one side. 36. Provide (1) twenty feet setback on driveways from property line to garage and (2) sectional roll-up type garage doors at all properties fronting on streets where cul-de-sacs are 150 feet or less in length except as provided for in the Planned Community District Regulations or approved by the City Engineer and the Planning Director. 37. Not install privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of the installation of sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement 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. (2) Maintain membership in an advance notice such as the USA Dig Alert Service. (3) Mark out any private lhcilities owned by the developer whenever work is performed in the area. The terms of this agreement shall be binding upon the successors and assigns of the developer. b. Shutoff devices as detemfined by the City Engineer are provided at those locations where private facilities traverse public streets. SCHEDULE"I" 38. Grant on the final "B" Map containing the proposed connection to EastLake Parkway (between the two existing Otay Water District parcels) a 60-foot wide easement for street right- of-way and other public purposes along said connection. Prior to approval of the same map the developer shall guarantee the construction of the following improvements within said 60-foot wide easement: a. Pedestrian, cart and bicycle improvements as determined by the City Engineer and Planning Director. The improvement plans shall be prepared in such a way as to not preclude the option of providing street improvements for vehicular access in the future. b. Vehicular access improvements to the existing Otay Municipal Water District parcels as determined by the City Engineer and the Otay Municipal Water District. 39. Grant on the final "B" Map containing the pasco between Neighborhoods R-8 and R-9 a 60-wide easement for street right-of-way and other public purposes. The pasco improvements shall be constructed within said easement. Prior to approval of the same final map the developer shall accomplish the following: a. Guarantee the construction of the paseo improvements (if public) as directed by the Director of Planning, Director of Parks and Recreation, and City Engineer. b. Enter into an agreement with the City where the developer agrees to construct street improvements for vehicular access within the 60-foot easement in accordance with improvement plans approved by the City Engineer if vehicular access is needed in the future. 40. Include in separate lots the right-of-way required to accommodate the future grade separation at the intersections of (1) Telegraph Canyon and Otay Lakes Road, and (2) East Orange Avenue and Paseo Ranchero. These lots shall be granted in fee to the City for Open Space, transportation, and other public purposes on the appropriate final "B" Map, as determined by the City Engineer. 41. Residential Street Condition A as denoted on the cover page of the tentative map is the preferred section and shall be implemented on all residential streets, excluding the alley product, unless otherwise approved by the City Engineer and Planning Director. 42. The applicant shall submit a conceptual design for the bridge connections between Village One and Village Five which indicates materials, height, location, etc. Said design plan shall be reviewed and approved by the Planning Director prior to approval of the final "B" Map that requires construction of La Media Road between East Palomar Street and East Orange Avenue. SCHEDULE"l" 43. Requested General Waivers 1, 2, and 3 and Specific Waiver 3, as indicated on the cover sheet of the tentative map, are hereby approved. Specific Waivers 1 and 2 are approved subject to the condition that one-way circulation be provided at the north-south streets adjacent to parks P-4 and P-5, unless otherwise approved by the City Engineer. 44. The applicant shall submit and obtain approval from the City Engineer and the Planning Director of a final conceptual design of the proposed traffic circles prior to approval of the first final "B" Map. The developer shall submit striping, signage and landscape plans for all traffic circles indicated on the tentative map. In the event the traffic circles are not approved, some type of alternative enhanced landscaping and/or entry statement at those intersections acceptable to the City Engineer and the Planning Director, shall be identified prior to approval of the first final "B" Map. 45. Right-of-way for the light rail transit line shall provide for spiral curves as required by MTDB and approved by the City Engineer. 46, Unless otherwise approved by the City Engineer, the developer shall provide sewer stubs extending to the easterly subdivision boundary of Village One at the following locations: (1) all the street stubs proposed along said boundary, and (2) at those locations where right-of-way dedication is required to extend Carmel Avenue, Santa Lucia Road, Santa Flora Drive, Gold Run Road, Applegate Street, Livingston Avenue and Grayson Court to said subdivision boundary. 47. Prior to approval of the first final "B" Map the developer shall submit and obtain the approval of the City Engineer of a design study of the connection of the sewerline shown on the tentative map as ending at the northerly end of Gold Run Road to an approved public sewer system. GRADING AND DRAINAGE 48. Provide a setback, as determined by the City Engineer, 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 shall not approve the creation of any lot that does not meet the required setback. The developer shall submit notarized letters of permission to grade for all oft-site grading. 49. Submit a list of proposed lots with the appropriate grading plan indicating whether the structure will be located on fill, cut or a transition between the two situations unless otherwise approved by the City Engineer. 50. Comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. 51. Provide runoff detention basins or any other facility approved by the City Engineer to reduce the quantity of runoff from the development to an anrount equal to or less than the present 100-year frequency runoff. SCHEDULE "1" 52. Provide "as built" improvement and storm drain plans in DXF file format to the satisfaction of the City Engineer. 53. Grant on the appropriate final "B" Map a 15 feet minimum drainage and access easement for storm drain lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. 54. Prior to approval of (1) the first final "B" Map or grading permit for land draining into the Poggi Canyon or (2) the first final "B" Map or grading permit which requires construction of Santa Madera between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), the developer shall: a. Guarantee the construction of the applicable drainage facility, unless otherwise approved by the City Engineer as follows: (1) Runoff detention/desilting basin and naturalized channel in Poggi Canyon; or (2) Runoff detention Basin in Telegraph Canyon Channel The City Engineer may approvb that these facilities are constructed at a later time if the developer provides private temporary runoff detention basins or other facilities, approved by the City Engineer, which would reduce the quantity of runoff from the development to an amount equal to less than the present 100 year flow. Said temporary facilities shall comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. Prior to issuance of any grading permit which approves any temporary facility, the developer shall enter into an agreement with the City to guarantee the adequate operation and maintenance (O & M) of said facility. The developer shall provide security satisfactory to the City to guarantee the O & M activities, in the event said facilities are not maintained to City standards as determined by the City Engineer. The developer shall be responsible for obtaining all permits and agreements with the environmental regulatory agencies required to perform this work. b. Prepare a maintenance program including a schedule, estimate of cost, operations manual and a financing mechanism for the maintenance of the applicable facilities. Said program shall be subject to approval of the City Engineer, the Director of Parks and Recreation, and the applicable environmental agencies. c. Enter into an agreement with the City of Chula Vista and the applicable environmental agencies (Fish and Game, Fish and Wildlife) wherein the parties agree to implement the maintenance program. SCHEDULE "1" d. Enter into an agreement with the City where the developer agrees to the following: (1) Provide for the maintenance of the proposed detention basin in Telegraph Canyon and the proposed naturalized channel and detention basin in Poggi Canyon until such time as maintenance of such facilities is assumed by the City or an open space district. (2) Provide for the removal of siltation in the Telegraph and Poggi Canyon Channels (including detention basins) until all upstream grading within the development is completed and erosion protection planting is adequately established as determined by the City Engineer and Director of Parks and Recreation. (3) Provide for the removal of any siltation in the Telegraph and Poggi Canyon Channels (including detention basins) attributable to the development for a minimum period of five years after maintenance of the facility is assumed by the City or an open space district. 55. Enter into an agreement with the City, prior to approval of the first final "B" Map or grading permit for land draining into the existing Telegraph Canyon Channel, where the developer agrees to perform the following activities within the portion of said existing channel extending from Paseo Ladera to the eastern subdivision boundary: a. Provide for the removal of siltation until ail upstream grading within the development is completed and erosion protection planting is adequately established as detemfined by the City Engineer and Director of Parks and Recreation. b. Provide for the removal of any siltation attributable to the development for a minimum period of five years after maintenance of the channel is assumed by the City or an open space district. 56. Ensure that brow channels and ditches emanating from and/or running through City Open Space are not routed through private property and vice versa. 57. Provide a graded access (12 feet minimum width) and access easements as required by the City Engineer to all public storm drain structures including inlet and outlet structures. Improved access as determined by the City Engineer shall be provided to public drainage structures located in the rear yard of any residential lot. 58. Provide a protective fencing system around (1) the proposed detention basins at Telegraph Canyon and Poggi Canyon, and (2) inlets and outlets of storm drain structures, as SCHEDULE"l" directed by the City Engineer. The final design and types of construction materials shall be subject to approval of the Director of Planning and the City Engineer. 59. Designate all drainage facilities draining private property to the point of connection with public facilities as private. 60. Provide a 6 inch thick concrete access road to the bottom of the proposed detention basins. This access shall have a minimum width of 12 feet, a maximum slope of 8%, and a heavy broom finish on the ramp as directed by the City Engineer. 61. Obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency revising the current National Flood Insurance Program maps of the Telegraph Canyon Channel to reflect the effect of the proposed drainage improvements. The LOMR shall be completed prior to acceptance by the City of the proposed detention facility. 62. Provide graded maintenance access roads along both sides of the proposed onsite and offsite portions of the Poggi Canyon Channel. The width of said roads shall be 12 feet unless otherwise approved by the City Engineer. The final dimensions and location of the access roads shall be as determined by the City Engineer. 63. Obtain, prior to approval of the first final "B" Map, the approval of the Director of Public Works to any amendment necessary to make the Master Drainage plan consistent with the approved Tentative Map. 64. Prior to the installation of the regional trail, install a fence along those portions of (1) the existing maintenance access roads along the Telegraph Canyon Channel, and (2) the proposed maintenance access roads of the Poggi Canyon Channel, which are proposed to be incorporated into the Regional Trail System. The fence shall be erected only at those locations where its installation will not interfere with the normal channel maintenance. The specific locations where the fence will be allowed and the fence details shall be as determined by the City Engineer and Director of Parks and Recreation. 65. Prepare and obtain approval by the City Engineer, Director of Planning, and Director of Parks and Recreation of an erosion and sedimentation control plan and landscape/irrigation plans as part of the grading plans. 66. Landform grading, similar to what has been proposed along Telegraph Canyon Road and consistent with City policy, shall be implemented adjacent to all off-site major roads. 67. 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. 68. Prior to the approval of the grading plans proposing the grading of the area that would accommodate the future grade separated intersections at East Orange Avenue/Paseo Ranchero and Telegraph Canyon Road/Otay Lakes Road, the developer shall submit a design study, acceptable to the City Engineer; of the grading required for said grade separated intersections. SCHEDULE "1" 69. The grading plans for the intersection at East Orange Avenue/Paseo Ranchero shall include a partial grading of the area that would accommodate the eastbound on-ramp and off- ramp and the westbound on-ramp of the future grade separated intersection. The elevations and extent of the required grading shall be determined by the City Engineer to: (1) allow in the future the construction of any additional grading necessary for the ultimate intersection configuration, and (2) construct the Poggi Canyon Channel at its ultimate location. 70. Prior to approval of the grading and/or improvement plans proposing the construction of the culvert under La Media Road at the crossing with the Telegraph Canyon Channel, the developer shall submit a study acceptable to the City Engineer demonstrating that the proposed culvert will be capable of handling the design flow in the event said culvert needs to be extended in the future in conjunction with the grading for a grade separated intersection at Telegraph Canyon Road/Otay Lakes Road. 71. Unless otherwise approved by the City Engineer, the developer shall provide an underground storm drain connecting the cleanout in Park P-9 to the Telegraph Canyon Channel Drainage easements shall be provided as required by the City Engineer. SEWER 72. Provide an improved access road with a minimum width of 12 feet to all sanitary sewer manholes. The roadway shall be designed for an H-20 wheel load or other loading as approved by the City Engineer. 73. Grant on the appropriate final "B" Map a 20 feet minimum sewer and access easement for sewerlines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. PARKS/OPEN SPACE/WILDLIFE PRESERVATION General 74. The SPA one project shall satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. Pedestrian parks are an integral component of the plan and shall receive partial park credit as defined below. A minimum of two thirds (2 acres/1,000 residents) o£ local park requirement shall be satisfied through the provision of turn- key neighborhood and pedestrian parks within SPA One. The remaining requirement (1 acre/1,000 residents) shall be satisfied through the payment of fees. 75. All local parks shall be consistent with the SPA One PFFP and shall be installed by the Applicant. A construction schedule, requiring all parks to be completed in a timely manner, shall be approved by the Director of Parks and Recreation. SCHEDULE"l" 76. All local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Parks and Recreation Department specifications and policies. 77. The applicant shall enter into a Chula Vista standard three party agreement with the City of Chula Vista and design consultant(s), for the design of all aspects of the neighborhood and community parks in accordance with the Master Plan whereby the Parks and Recreation Director selects the design consultant(s), to be funded by the applicant. The cost for the consultant(s) shall be established and said amount deposited into an account prior to any work being initiated by the consultant. The agreement shall include, but not be limited to, master planning, design development phase, construction document phase and construction supervision phase for the park sites. The construction documents shall reflect the then current requirements of the City's Code/Landscape Manual requirements. 78. The Applicant shall receive surplus park credit to the extent the combined park credit for neighborhood parks, pedestrian parks, the town square park and the community park exceeds the 3 acres per 1,000 residents standard. This surplus park credit may be utilized by the Applicant to satisfy local park requirements in future SPAs. 79. The Applicant and the City shall mutually agree on a PAD fee reimbursement schedule in coordination with the adopted construction schedule. Milestones will be established for partial reimbursement during the construction process. The City may withhold up to 20% of the park construction funds until the park has been completed and accepted. Reimbursement of PAD fees shall include the interest accrued by the City on said PAD fees minus the City's cost of processing and administering this reimbursement program. 80. Grant in fee all designated public park lands at such time as is necessary to implement the requirements of the PLDO and the PFFP. 81. Pedestrian Parks (also known as mini-parks): Pedestrian parks less than five acres, as identified in the SPA One Plan, shall be maintained by a funding entity other than the City's General Fund. Pedestrian parks shall receive a minimum of 25% and a maximum of 50% park credit, as determined by the Director of Parks and Recreation pursuant to the City wide small park credit criteria which shall be approved by the City Council. 82. Neighborhood Parks: a. In addition to those PAD fees required by Condition No. 83, the Applicant shall pay PAD fees based on a formula of 2 acres per 1,000 residents for the first 500 dwelling units. In the City's sole discretion, PAD fees may be required for units in excess of the first 500 dwelling units. b. Prior to the approval of the first final map which creates residential lots ("B" Map), the applicant shall enter into a supplemental agreement where the applicant agrees to construct the first neighborhood park in SPA One, in a location determined by the Director of Parks and Recreation, no later than issuance of the SCHEDULE "1" building permit for the 500th dwelling unit. The agreement shall also provide the following: (1) The level of amenities required in the first phase of construction of the first neighborhood park shall be determined by tho Director of Parks and Recreation in conjunction with the park master planning effort required by the City of Chula Vista Landscape Manual. Said level of amenities shall be equivalent to five acres of neighborhood park improvements as described in the PLDO ordinance and the Park Master Plan as approved by the Director of Parks and Recreation. The applicant shall Complete Construction of the first phase of the first neighborhood park within six (6) months of Commencing Construction of said park. (2) Prior to issuance of the building permit for the 1150th dwelling unit, the Director of Parks and Recreation shall determine the level of amenities required for the second phase of construction of this park consistent with the PLDO and the Park Master Plan, or in lieu of the second phase, require the construction of another neighborhood park at a different location. If the applicant cannot build a park at a different location chosen by the Director of Parks and Recreation, the City may require the applicant to pay PAD fees. (3) At no time following completion of construction of the first phase of the first neighborhood park shall there be a deficit in "constructed neighborhood park" based upon 2 acres/I,000 residents. Applicant agrees that the City may withhold the issuance of building permits should said deficit occur. For purposes of this condition, the term "constructed neighborhood park" shall mean that construction of the park has been completed and accepted by the Director of Parks and Recreation as being in compliance with the Park Master Plan, but prior to the mandatory 9-12 month maintenance period. This condition is not intended to supersede any of the City's maintenance guarantee requirements. (4) The Applicant shall receive reimbursement of PAD fees, proportionate to what has been constructed, should they deliver a turn-key park which has been constructed in accordance with the Parks Master Plan. c. The applicant shall grant to the City, at the "A" Map stage, an irrevocable offer of dedication for all neighborhood parks shown on the Tentative Map. 83. Conmaunity Parks: a. Prior to the approval of each final "B" Map the Applicant shall pay PAD fees for the Community Park based upon a formula of I acre per 1,000 residents, until such time as a turn-key facility has been accepted by the Director of Parks and SCHEDULE "1" Recreation. Said tum-key facility is subject to the reimbursement mechanism set forth below. b. The first Otay Ranch Community Park, to satisfy SPA One demand, shall be located in Village 2 as identified in the GDP. c. The Applicant shall identify the relocation, if any, of the Village 20tay Ranch community Park prior to issuance of the building permit for the 1,150th dwelling unit. Said relocation may require an amendment to the Otay Ranch General Development Plan. d. Notwithstanding that the community park requirement (1 acre/I,000 residents) shall be satisfied through the payment of PAD fees, the Applicant shall commence construction of the first phase of the Community Park prior to issuance of the building permit for the 2,650th dwelling unit. The first phase of construction shall include, but not be limited to, improvements such as a graded site with utilities provided to the property line and an all weather access road acceptable to the Fire Department. e. The Applicant shall commence construction of the second phase of the Community Park prior to issuance of the building permit for the 3,000th dwelling unit. Second phase improvements shall include recreational amenities as identified in the Park Master Plan. f. The Community Park shall be ready for acceptance by the Director of Parks and Recreation for maintenance prior to issuance of the building permit for the 3,900th dwelling unit. g. If the Director of Parks and Recreation determines that it is not feasible for the Applicant to commence construction of the first phase improvements of the community park prior to issuance of the building permit for the 2,650th unit, then the Director of Parks and Recreation shall have the option to utilize the PAD fees for said improvements, or to construct another park facility, east of the I~805 Freeway within an acceptable service radius of SPA One, as set forth in the GDP. h. The Applicant shall provide a maintenance period of 9-12 months in accordance with the City of Chula Vista Parks and Recreation Department policy. i. The Applicant shall receive reimbursement of PAD fees, proportionate to what has been constructed, excluding the cost of construction of the all weather access road, for the community park should they deliver a turn-key facility to the City in accordance with the Community Park Master Plan. 84. Trails/Open Space: SCHEDULE"l" a. All trails shall connect to adjoining existing and/or proposed trails in neighboring development projects, as determined by the Director of Parks and Recreation. b. The two connector trails from Neighborhoods R-24 and R-25 in Village Five to Telegraph Canyon Road shall be combined into one trail in Open Space Lot 37 and shall connect to the regional trail in one location. c. The maximum gradient for connector trails shall be 10%. Steeper grades of up to 12% for short runs of 50 feet may be permitted subject to the approval by the Parks and Recreation Director. d. The graded section upon which the connecting trails are constructed shall be 10 feet in width. Six feet shall be provided for the trail bed, with a 2 foot graded shoulder on either side. e. Landscape and irrigation plans for the transit right-of-way shall be reviewed and approved by the Parks and Recreation Director in conjunction with the landscape plans for East Palomar Street. 85. Community Gardens: a. Community Gardens shall be consistent with the guidelines in the SPA One Parks, Recreation, Open Space and Trails Master Plan, including creation of the Community Garden Committee and their responsibilities. b. Water lines shall be stubbed from the nearest open space water meter to the site(s) in order to facilitate development of the Community Gardens. c. Community Garden sites shall be consistent with those identified on the tentative map. d. Maintenance of Community Gardens shall be funded by an Open Space Maintenance District, Homeowner's Association or other funding mechanism approved by the Director of Parks and Recreation and the City Engineer. e. Community Gardens shall not receive park credit. OPEN SPACE/ASSESSMENTS 86. Prior to the approval of the first final "B" Map, the developer shall: a. Submit and obtain approval of the SPA One Open Space Master Plan from the Director of Parks and Recreation. The Open Space Master Plan shall be based upon the approved Concept and Analysis Plan, the requirements of which are outlined in the City of Chula Vista Landscape Manual and include but are not SCHEDULE"i" limited to elements such as final recreational trail alignments and fencing and phasing. b. Request the formation of an Open Space District pursuant to the 1972 Landscaping & Lighting Act for the Otay Valley Parcel of the Otay Ranch. This district formation shall be submitted to Council for consideration prior to approval of the first final "B" map. Maintenance of the open space improvements shall be accomplished by the developer for a minimum period of one year or until such time as accepted i3to the open space district by the Director of Parks and Recreation. If Council does not approve the open space district formation, some other financing mechanism shall be identified and submitted to for consideration prior to approval of the first final map. c. Submit evidence acceptable to the City Engineer and the Director of Parks and Recreation of the formation of a Master Homeowner's Association (MHOA), or another financial mechanism acceptable to the City Manager, which includes all the properties within the approved tentative map prior to approval of the first "B" Map. The MHOA shall be responsible for the maintenance of the improvements listed below. The City Engineer and the Director of Parks and Recreation may require that some of those improvements be maintained by the Open Space District. The final determination of which improvements are to be included in the Open Space District and those to be maintained by the MHOA shall be made during the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Parks and Recreation require such annexation of future tentative map areas. The MHOA formation documents shall be approved by the City Attorney. d. Submit a list of all Otay Ranch SPA One 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 turf, irrigated, and non-irrigated open space to aid in the estimation of a maintenance budget thereof. (2) Medians and parkways along East Orange Avenue (onsite and offsite), Paseo Ranchero, La Media Road, East Palomar Street (onsite and offsite) and all other street parkways proposed for maintenance by the open space district or Homeowners' Association. SCHEDULE "1" (3) The proposed detention basin in Telegraph Canyon and the fair share of the maintenance of the existing naturalized Telegraph Canyon Channel east of Paseo Ladera as determined by the City Engineer based on the proportional benefit received from the improvements. This includes but is not limited to the cost of maintenance and all cost to comply with the Department of Fish and Game and Corps of Engineers permit requirements. (4) The proposed detention basin and naturalized charmel in Poggi Canyon. This includes but is not limited to the cost of maintenance and all cost to comply with the Department of Fish and Game and the Corps of Engineers permit requirements. (5) Community Gardens (6) Pedestrian Bridges. (7) The proportional share of the maintenance of the median and parkways along that portion of Telegraph Canyon Road adjoining the development as determined by the City Engineer. (8) All proposed facilities and improvements (excepting street improvements) within the 60-foot wide easement to be dedicated to the City for right-of- way at the following locations: (1) between Neighborhoods R-8 and R-9, and (2) at the proposed connection to EastLake Parkway (between the two Otay Water District Parcels. d. Submit an initial deposit of $15,000 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. e. Provide all the necessary information and materials (e.g., exhibits, diagrams, etc.) as determined by the City Engineer to prepare the engineer's report for the proposed open space district. 87. Include in the CC&Rs, if applicable, the obligation of the Homeowners' Association to maintain alt the facilities and improvements within the open space lots rejected by the City prior to the approval of the final map containing said lots. 88. 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 as approved by the City Engineer and the Director of Parks and Recreation. SCHEDULE"l" 89. Ensure that all buyers of lots adjoining open space lots containing walls maintained by the open space district sign a statement, when purchasing their homes, stipulating that they are aware that the walls are on City property and that they shall not modify or supplement the wall or encroach onto City property. These restrictions shall also be incorporated in the CC&Rs for each lot. 90. Agree to not protest fom~ation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within and adjacent to the subject subdivision. 91. Grant in fee to the City on the appropriate final map, all open space lots shown on the tentative map and execute and record a deed for each of the lots to be maintained by the City through the open space district. Provide on the final map a certificate, pursuant to section 66477.2(a) of the Subdivision Map Act, rejecting those open space lots to be maintained by the Homeowner's Association. 92. Provide documentation, prior to the approval of the first final "B" Map, to the Director of Planning and the City Engineer that an annexable Mello-Roos District, or other financing mechanism approved by the Sweetwater High School District and the Chula Vista Elementary School District has been established to provide for construction of schools. 93. Fund the revision of the Public Facilities Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed by the City Manager or his designee, and approved by the City Council prior to approval of the first final "B" Map. The developer shall receive 100% credits towards future PFDIF fees for funding this update. Provide a deposit of $20,000 to begin this process. All cost of revising the PFDIF shall be borne by the developer. 94. Prior to issuance of any grading permit which includes Landscaping and Irrigation (L & I) improvements to be installed in an open space lot to be maintained by the open space district, the developer shall place a cash deposit with the City which will guarantee the maintenance of the L & I improvements, prior to City acceptance of said improvements, in the event the improvements are not maintained to City standards as determined by the City Engineer and the Director of Parks and Recreation. 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 as determined by the City Engineer. Any unused portion of said deposit could be incorporated into the open space district's reserve at such time as the maintenance of the open space lot is assumed by the open space district. WATER 95. Provide to the City a letter from Otay Municipal Water District indicating that the assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the parcel(s). SCHEDULE"l" ,.?, 96. 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. EASEMENTS 97. Grant to the City a 10' wide easement for general utility purposes along public street frontage of all open space lots offered for dedication to the City unless otherwise approved by the City Engineer. 98. Indicate on the appropriate "B" Map a reservation of easements to the future Homeowners' Association for private storm drain and private sewer facilities within open space lots as directed by the City Engineer. 99. Obtain, prior to approval of any 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. 100. Notify the City at least 60 days prior to consideration of the final map by City if 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 or easements required by the Conditions of Approval of the tentative map. b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. Said estimate to be approved by the City Engineer. c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the final map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. The requirements of a, b, and c above shall be accomplished prior to the approval of the appropriate Final Map. SCHEDULE"l" 101. Grant easements to subsequem owners pursuant to Section 18.20.150 of the City Code on any final map that proposes private utilities or drainage facilities crossing property lines as directed by the City Engineer. 102. Grant to City on the appropriate final "B" Map two foot access easements along the rear and side property line of lots adjoining walls to be maimained by the open space district. The locations of these easements shall be as required by the Director of Parks and Recreation and the City Engineer to provide adequate access for maintenance of said walls. AGREEMENTS/FINANCIAL 103. Enter into a supplemental agreement with the City, prior to approval of each final "B" Map, where the developer agrees to the following: a. That the City may withhold building permits for the subject subdivision if any one of the following occur: (1) Regional development threshold limits set by the adopted East Chula Vista Transportation Phasing Plan have been reached. (2) Traffic volumes, levels of service, public utilities and/or services exceed the threshold standards in the then effective Growth Management Ordinance. (3) The applicant does not comply with the terms of the Reserve Ftmd Program. b. 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 SPA One if the required facilities, as identified in the PFFP or as amended by the An/~ual Monitoring Program, have not been completed. c. Defend, indemnify, and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision 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. d. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. e. Ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot on public streets within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in SCHEDULE "1" 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. f. Include in the Articles of Incorporation or Charter for the Homeowners' Association (HOA) provisions prohibiting the HOA from dedicating or conveying for public streets, land used for private streets without approval of 100% of all the HOA members. 104. Enter into an supplemental agreement with the City prior to approval of the first final "B" Map, where the developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of correctional facilities. 105. Prior to the approval of the first final map after January 11, 2000, as per Section 1 of the Telegraph Canyon Estates Affordable Housing Agreement adopted by Resolution No. 17737, the applicant shall grant in fee three (3) acres of buildable land acceptable to the City of Chula Vista within Village One of SPA One of the Otay Ranch in order to satisfy the affordable housing implementation measure contained in the approved Otay Ranch GDP (ref. GDP; Section B.2, Pg. 242) and the terms of an existing agreement adopted by Resolution No. 17737. In addition, said existing agreement, dated December 1, 1995, shall be amended to permit the land dedication within Village One. 106. Prior to approval of the first "A" Map, or as otherwise determined by the Director of Planning, within SPA One and consistent with the City's Housing Element, Ranch-Wide and SPA One Affordable Housing Plans, the applicant shall enter into and execute with the City an Affordable Housing Agreement ("SPA One Affordable Housing Agreement") containing, but not limited to, the following provisions: (a) The obligation to provide the total number of low and moderate income units required under the City's Affordable Housing Program, based on the number of dwelling units contained within the Master Tentative Map for SPA One; (b) Identify the overall number of dwelling units within the Master Tentative Map for which the applicant can receive final map approval prior to the applicant selecting and guaranteeing, to the City's satisfaction, final affordable housing site(s); (c) The number of dwelling units within the master tentative map area which can receive building permit authorizations prior to the applicant obtaining building permits for a specified number of the required low income units; and (d.) A description of what information must be provided in subsequent Project Level Affordable Housing Agreements. Upon its approval by the City, the terms and conditions of the SPA One Affordable Housing Agreement shall become conditions of this resolution, and is hereby incorporated herein by this reference. SCHEDULE "1" 107. The Applicant shall pay, prior to approval of the first "B" Map, their proportional share, as determined by the Director of Parks and Recreation, of a collaborative study analyzing local park needs for the area east of the 1-805 Freeway. 108. The applicant shall enter into an agreement with the City, prior to approval of each final "B" Map, where the applicant agrees to ensure that all insurance companies are permitted equal opportunity to go out to bid to provide a Cooperative Homeowner's Insurance Program (CHIP). 109. Prior to the approval of tl~e first final "B" Map, the developer shall submit and obtain approval by the City Engineer of an "Improvement Phasing Schedule" which will identify the timing of construction of all backbone facilities noted in the following table. The Improvement Phasing Schedule shall be consistent with the PFFP. COST ITEM TO BE INCLUDED IN FACILITY FINANCING PLAN *Acquisition/Dedication ofoffsite right of way East Palomar Street between Paseo Ranchero *Construction of full street improvements and La Media Road and between La Media Road and East Orange Avenue *Acquisition/Dedication of the offsite portions Paseos in Villages One and Five including the of open space lots containing the paseos paseo between Neighborhoods R-8 and R-9 *Construction of full paseo improvements *Payment of Telegraph Canyon Basin For areas covered by: backbone streets and all Drainage DIF common areas which include, but are not limited to: parks, schools, paseos and open space lots *Construction of pedestrian bridges Pedestrian bridge connecting Village One to Village Five, Village One to Village Two and Village Five to Village Six *Removal of temporary improvements "Temporary Roadway" (Santa Madera Avenue *Restoration of the area to original conditions between Telegraph Canyon Road and Morgan Hill Drive *Construction of full street improvements Permanent public road connecting Filmore Street to East Orange Avenue *Construction of full improvements Transit stop facilities in Villages One and Five *Acquisition/Dedication of offsite drainage Poggi Canyon Channel (onsite and offsite) and easement detention basin *Construction and maintenance (prior to City acceptance) *Construction and maintenance (prior to City Telegraph Canyon Channel detention basin acceptance) *Acquisition/Dedication of offsite sewer Poggi Canyon Sewer Interceptor (onsite and SCHEDULE "1" easement of f site) *Upgrading of the existing Poggi Canyon Interceptor required to accommodate C.V.T. 96-04 flows * Construction of the improvements required to connect C.V.T 96-04 to the existing Poggi Canyon sewer improvements (near 1-805) *Installation of interconnect wiring Traffic signals along Telegraph Canyon Road at the intersections with St. Claire Drive, Otay Lakes Road and Paseo Ranchero *Construction of full landscaping and Open space lots irrigation improvements *Construction of full trail improvements Regional trail system Security satisfactory to the City shall be provided for the above backbone facilities when their construction is triggered as identified in the approved Improvement Phasing Schedule. In addition to the foregoing, security satisfactory to the City shall be provided to guarantee the construction of the following First Phase Backbone Facilities: 1) One-half of the improvements in East Palomar Street between Paseo Ranchero and La Media including the two full traffic circles in Village One prior to approval of the first "B" Map for Village One. 2) The remaining improvements in East Palomar Street within Village One at the time the trigger point is reached in the PFFP for the corresponding "B" Map. 3) Full improvements in East Palomar Street between La Media and East Orange Avenue in Village Five at the time the trigger point is reached in the PFFP for the corresponding "B" Map. 4) Fair share of full improvements for the pedestrian bridge connecting Village One to Village Five and fair share of one half of the improvements for the pedestrian bridges connecting Village One to Village Two and Village Five to Village Six, prior to the approval of the first final "B" Map. The amount of the security for the above noted improvements shall be 110% times a construction cost estimate approved by the City Engineer if improvement plans have been approved by the City, 150% times the approved cost estimate if improvement plans are being processed by the City or 200% times the construction cost estimate approved by the City Engineer if improvement plans have not been submitted for City review. A lesser percentage may be required if it is demonstrated to the satisfaction of the City Engineer that sufficient data or other information is available to warrant such reduction. SCHEDULE"I" SCHOOLS 110. Prior to the approval of the first final "B" Map, the applicant shall prepare and submit an application for an amendment to the Otay Ranch General Development Plan replacing the Village Seven High School location with a site in either the area west of Pasco Ranchero in Village One or the northern portion of Village Two. The applicant shall enter into a supplemental agreement prior to approval of the first final map in which applicant agrees to the following: The City shall not issue building permits for more than 1,400 units within SPA One until the City has acted on the proposed plan amendment unless the District consents to the further issuance of such permits. The Applicant shall deliver to the School District a graded high school site including utilities provided to the site and an all weather access road acceptable to the District prior to issuance of the 2,650th building permit (504 students) or upon written request by the District not prior to 1,800 permits. The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. 111. The Applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village One, prior to issuance of the 500th residential building permit (150 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School district as based on District facility needs. 112. The Applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village Five, prior to issuance of the 2,500th residential building permit (750 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. 113. The applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an .all weather access road acceptable to the District, located west of Pasco Ranchero, prior to issuance of the 4,500th residential building permit (1,350 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. MISCELLANEOUS 114. Include in the Declaration of Covenants, Conditions and Restrictions (CC&Rs) provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. The City of Chula Vista shall be named as 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. The CC&R's shall also include language which states that any proposal by the HOA for dedication or conveyance for public purposes of land used for private streets will require prior written approval of 100% of all the Homeowners' Association members. 115. Submit copies of Final Maps and improvement plans in a digital format such as (DXF) graphic file prior to approval of each Final Map. Provide computer aided Design (CAD) copy of SCHEDULE "1" 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 5-1/4" HD or 3-1/2" disks prior to the approval of each Final Map. 116. Tie the boundary of the subdivision to the California System -Zone VI (1983). 117. Prior to approval of the first final map within each Village, the developer shall submit and obtain the approval of the City of a master final map ("A" Map) over the portion of the tentative map within each Village area showing "super block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" map shall also show the backbone street dedications and utility easements required to serve the "super block" lots. All "super block" lots created shall have access to a dedicated public street. Said "A" map shall not be considered the first map as indicated in other conditions of approval unless said map contains single or multiple family lots or a subdivision of the multiple family lots shown on the tentative map. A lot line adjustment, if utilized in accordance with City standards and procedures, shall not be considered the first "A" Map. The subsequent development of a multiple 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. Construction of non- backbone streets adjacent to multiple family lots will not need to be bonded for with the final "A" Map which created such lot. However, such improvements will be required to be constructed under the Municipal Code provisions requiring construction of street improvements under the design review and building permit issuance processes. In the event of a filing of a final map which requires oversizing (in accordance with the restrictions of state law and City ordinances) of the improvements necessary to serve other properties, said final map shall be required to install all necessary improvements to serve the project plus the necessary oversizing of facilities required to serve such other properties. 118. Signage shall be provided at Bouquet Canyon Dri.ve and the pedestrian paseo in Village Five and at Stanislaus Drive and the pedestrian paseo in Village One which alerts motorists to a pedestrian mid-block crossing. A signage plan indicating the location and content of said signs shall be reviewed and approved by the Planning Director prior to approval of the appropriate final "B" Map, as determined by the Planning Director and City Engineer. 119. The Applicant shall secure approval of a Master Precise Plan for the Village One and Village Five Core Areas, prior to submitting any development proposals for commercial, multi- family and Conununity Purpose Facility areas within the SPA One Village Cores. 120. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP), the Applicant shall complete the following: (1) Fund 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 SCHEDULE "1" shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 121. The owners of each Village shall be responsible for retaining a project manager to coordinate the processing of discretionary permit applications originating from the private sector and submitted to the City of Chula Vista. The project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well rounded educational background and experience, including but not limited to land use planning and architecture. 122. The applicant shall submit copies of any proposed C.C. and R's for review and approval by the Director of Planning and the City Engineer prior to approval of each final "B" Map. 123. Fully accessible handicap access shall be provided at the ends of the following cul-de- sacs: Artesia Street, Glendora Court, Calistoga Avenue, Monte Sereno Avenue, Antioch Avenue, Coalinga Court, Westmoreland Street, Cordelia Street, Iowa Hill Court, Live Oak Street, Marion Court, Lodi Court, Larkspur Court, Santa Lucia Road, Parker Mountain Road, Geyserville Street, Escalon Court, Sheep Ranch, Meeks Bay Drive, Harrills Mill Avenue and Volcano Creek Road. Access via stairs shall be provided at the ends of the following cul-de-sacs: Stanislaus Drive, Amador Street, Woodsford Court, Lockeport Court, Clovis Court, Millbrae Court, Mayfield Court, Cache Creek Road, Jedediah Road, Kingsburg Avenue, and Lassen Peak Street 124. The CPF-2 site located within Village One, shall be considered a floating designation and shall be located in Neighborhood R-15. Project design for this site will be submitted, reviewed and approved by the Director of Planning concurrently with the Precise Plan for this area. 125. If developer desires to do certain work on the property after approval of the tentative map but prior to recordation of the applicable final "B" Map, they may do so by obtaining the required approvals and permits 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 "B" Map and improvement plans) will be approved. All work performed by the developer prior to approval of the applicable "B" Map shall be at developer's 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. The developer shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable final "B" Map does not record. SCHEDULE "1" PHASING 126. If the applicant modifies the SPA One approved phasing plan, the applicant shall submit to the City a revised phasing for review and approval prior to approval of the first final "B" Map. The PFFP shall be revised where necessary to reflect the revised phasing plan 127. 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 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. 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 Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 128. The Public Facilities Finance Plan or revisions hereto shall be adhered to for the SPA and tentative map with improvements installed 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 SPA One, actual development may differ from the assumptions contained in the PFFP (i.e., the development of EastLake III). Neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One'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 SPA One development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. Concurrent with the approval of the first final map approved after the PFFP for the EastLake III GDP Area, the Applicant shall update, at the Applicant's expense mid subject to a Reimbursement Agreement, the SPA I PFFP and agrees that the City Engineer may change the timing of construction of the public facilities, including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and final maps. CODE REQUIREMENTS 129. 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. 130. Underground all utilities within the subdivision in accordance with Municipal Code requirements. SCHEDULE "1" 131. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impact fee. e. Telegraph Canyon Sewer Basin DIF. f. Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future. g. Telegraph Canyon Basin Drainage DIF. h. Reimbursement District for Telegraph Canyon Road Phase 2 Undergrounding. i. Otay Ranch Reserve Fund fee. Pay the amount of said fees in effect at the time of issuance of building permits. 132. 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. 133. 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 disclosure form for approval by the City Engineer prior to Final Map approval. 134. Comply with Council Policy No. 570-03 if pump stations for sewer purposes are proposed. 135. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 136. The applicant shall comply with all aspects of the City of Chula Vista Landscape Manual. 137. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). SCHEDULE "1" The applicant acknowledges that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 138. Upon submittal of building, plans for small lot single family (5,000 square feet or less as defined in the City of Chula Vista Design Manual) residential development, plans shall clearly indicate that 750 square feet of private open space will be provided. 139. The applicant shall apply for and receive a take permit from the appropriate resource agencies or comply with an approved MSCP or other equivalent 10(a) permit applicable to the property. 140. All proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. GUARDED AREAS 141. The following locations as proposed by the applicant are authorized for guarded entrances: Santa Ynez Avenue and Santa Lucia Road in Village One, including the multi-family neighborhoods R-20 and R-21; Santa Rosa Drive and Santa Paula Drive in Village Five. Emergency access locations are authorized at Morgan Hill Drive between R-10 and R-11 in Village One, and Bouquet Canyon Road between R-24 and R-25 in Village Five. 142. Guarded entrances shall not have physical barriers and shall be staffed from dusk until dawn. 143. Parks located within guarded areas shall not receive park credit. 144. All streets within guarded areas shall be designated as private. Design of said streets shall meet the City standards for public streets unIess otherwise approved by the City Engineer. Private street cross sections shall conform to those shown on the Tentative Map. 145. All private streets shall be included in separate lots. The applicant shall provide a certificate granting to the City a public utility easement over the entire private street lots on the appropriate Final "B" Map. 146. Guarded entrances shall: a. Require approval by the City Engineer and the Planning Director. SCHEDULE"l" b. Provide sufficient room on the private roadway to queue without interrupting traffic on public streets. c. Provide a turn around. The size and location of said mm around shall be approved by the City Engineer. d. Provide a clearly delineated border between public and private streets through the use of distinctive pavements. e. Provide a dedicated parking space for the gate attendant. f. Be equipped with a video camera to record entering and exiting vehicles. 147. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall also include language which states that any proposal by the HOA to delete staffing or to allow "speed bumps" in the future shall require prior written approval of 100% of all the Homeowner's Association members. 148. Physical barriers shall be prohibited at the entrances to guarded areas unless specifically approved by City Council. 149. Emergency entrances shall be provided with mechanical gates and an "Opticom" system, or some other automated system with backup and/or fail safe features acceptable to the Police and Fire Chief. 150. Prior to approval of any "B" Map proposing private streets, the applicant shall initiate and complete the process enabling the City to enforce the California Vehicle Code on said private streets. 151. The MHOA shall be responsible for the maintenance and operation of all facilities within the common areas and streets behind the guarded entrance. The facilities to be maintained include, but are not limited to, pavements, sidewalks, street trees, street lights including energy, street sweeping, private drainage facilities and landscaping of private common areas. The only facilities to be maintained by the City are mainline sewers and public concrete drainage facilities (i.e., pipes and catch basins). 152. Future property owners shall be notified during escrow, by a document to be initialed by the owners, and approved by the City Engineer and Director of Planning, of the maintenance responsibilities of the MHOA and their estimated annual cost. SCHEDULE"l" ~×~DEC. 2().2000 12:25Pf~e ,THE OTAY RANCH (:O:HVL~ VrSTA ENGIN~BR~ NO, 0~22 P, 2 CITY OF CHULA VISTA DL~CLOSUR]~ STATEM]gNT Pursuant to Council Polioy I01-01, prior :0 any action upon matters which will require discretionary a~tion by [he Council, Planning Commission and all other oiIici~l bodi~s of ~he City, a. slatemenl of disclosure of certain ownership or financial interests, payments, or campaign con~'ibutions for a City of Chula Vista election must be filed. TM following information must bc disclosed: l. List thc names of all persons having a financial interest in thc property that is the su%ject of thc application or the ¢ontracr~ c_g., oWner, ~pplicant, contractor, sub~onll'actor, taste'rial supplier. Ot~y Project L.P, 2. If any person* idenfifie~ pursuant to (1) above is a corporation or pa~ner~hip, list ~e names of all individuals witha$1OOOinv~tmentin ~c busincss(~orpo~fion~ar~ership)enti~. James Baldwin Alfred Baldwin 3, If any persona identified pursuant to (1) ' ' " ' above 15 a non-profit organtzat~on or Irust, hat the names of any person scrvmg as director o f the non-prolit organization or ~s trustee ~r b~'neficiary or trustor of the trust. 4. Please identi~ every person, including any agenm, employees, consultant, or ~dcpe~d~nr conlrac~rsyou have as~isned ~ representyou be~ the Ci~ in~isma~. Jame~ Baldwin Kent Aden Alfred Baldwin Ranie Hunter Kim Kilkenny Chuck Cater 20, 2()00 i~:2~PM~19 THE OTAY RANCH C~UL~ viSTA ENGIN£ERING NO, 032~ P, 3 ~oe3 Has any person* associated with this conWac~ had any finauciel de,,lings with an official'* of the CiD' of Chula Vista aa it relates m this cont~ac~ within thc n~t 12 months? Yes No X If Yes, briefly describe the nature of the financial intereet the official** may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a ~urren~ momber of thc Chula Vista City Council? Yes X No._ If Yes, which Council member'?. ~Coun~,~! ,Members Mar~ ,Sales and St~.v_? Padilla 7. Have you or an), member of your ~ovelTling board (i.e. Corporate Board of Directors/Exccutlves, non-prol'k Boa. rd of Directors made eon~'ibutions totaling more than $1.000 over the past four (4) years to a current member of the Chula vista City Council? Yes No X..~..__~If Yes, which Co~ncil member? $ Have you provided more than $300 (or an item of equivalent value) to an oil~icial** of the City o£ Chula Vista in the past -~cl~c (12) months? (~is includes bela& a source of income, money to r~dro a Icgal d~bt, gift, loan, etc.) Yes No x _ liYcs, which o~cial** ~d what was th= nature of i~m provided? Si~a~c o~ Con~actoff A~licant Charles:' T; 'C~ter Print or ~ name of C~tractor/Applican~ Person is defined as: ~y individ~l, ~, co-p~ership, joint venture, association, social club, [ra:emal orgonizafi~, co~a~ion, ~tate, ~sL recclver, s~dleate, any o~er co~W. ci~, muni~ipalky, dhtTiCt or oth~ poli~cal subdivision, -or any o~ group ~ combination a~ing as a unit. Official include% b~l iS not limited to: ~y~, Council member, Planning Commission~, Member of a board, commission, or com~i~ee of the City, employee, or s~ffmemb~s. H:U-tOMELI~NGIN'~R\ADMiN~CONTRACT\DIS CLOSE.DOC 3 ~2/20/~0 09:45 FAX 7606346770 D R HORTON San Dl~ego ~002 12~19/00 TUE lS:01 FAX 61~ 691 5171 CHULA VISTA ENGINEERING ~002 ATTAc q THE CITY OF CHULA VISTA DISCLOSUI~E STATEMENT Pursuant to Council Policy 101-01, prior to any action upon ma~crs which will requixe discretionary ~tetion by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, o~ campaign contributions for a City of Chula Vista electron must be filed. The £ollovAng information must be d~sclosed: 1. List l:he names of all persons having a financial interest in the p~operty that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. 2 If any person* identified pursUant to (1) above is a corporation or partnership, list tiaa names of all individuals with a $1000 investment in the business (eorporatiordpartnership) entity. 3. If any person* identified pursuant to (1) above is a non-prnfit organization or trust, list the names of any person serving as director of the non-profit organization or as master or beneficiary or rmstor et' the l~-ust, 4, Please identify every person, including any agents, employees, consultants, or independent ~ontractors you have assigned to represent you before the City in this mattc-r. 1,2/2o,?0 09:45 FAX 7606346770 D R RORTON San Diego ~003 12/1§/00 TUE 18:01 FAX 616 891 5171 C~ULA VISTA ENGINEERING Has any person* associated with this contract had any fmencial dealings with an official'* of the City of Chela Vista as it relates to this contract within the past 12 months? Yea If Y,~s. briefly describe the nature of the financial inter,st the officm]** may have in this contmat 6. Have you made a ¢ontribation of more than $250 within tlae pant Bvelve (12) mouth~ to a current member of the Chula Visla £ity Council'? Yes No ~ If Yes, which Council member? 7. Have you or any member of your govemilmg board (i.e. Corporate Board of Directors/Executive0, non-profit Board of Directors made contributions totfling more than $1,000 over the past four (4) years to e current member of the Chula Vista City Council? Yes No ~ If Yes, which Co,until member7 Have you provided more than $300 (or an item of equivalent value) to an official** of the City of C'huh Vista in the p~t .t'~velve (12) months? (This includes being a source of income, money ~o re6r~ a legal debt, gift, loan, etc.) Yes No ~'. . If Ycs, which official** and wh~t wes the nature of item provided? Signature l~f C~traotor/Appliea-nt print or type name of C~nn~ Person is defined as: any indixddual, firm, co-parmership, joint venture, association, soeml club, fraternal organization, corporation, estate, t~u~t, receiver, syndicate, any othgr eotmty, city, municipality, district, e,r other political subdivision, -or ~my other group er combination acting a.~ aumt, ** Official includes, but is not limited to; Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. H:kHOMfi~kENGIN~EBKkADMINkC OiNTRACT\DIS CLO SE.DO C TWI~. ~ OF CHULA ~m'rA DISCLOSURE 2. If a~y person~ ideafifiexl p~rsua~t to (1) above is a VOtlmmtion or p~, list thc ~am~s of all mclivkluals wir. h a $I000 investment in li~ businr~s (corl~ralicn,~artncrship) If any p~Son'~ identified pursuant m (1) above i$a non-profit ml~'~atlcri or Inis~ ~m ~ ~ off any ~ scrvin~ a.s director of the non-profit organization or as lrustce o~ b~me.~ciary or lXllstor of 4. Pl~e ide~tify every pm'Son, including any agent. ¢~,ployccs, c~nsul~ants, or ix~kpc~dcnt cxnlh-a~tor~ you have assigned to rc-pre,s~t you kmfore thc City i~ this matter. Has ~ny had my financial dealings wiih ma ~dal** of th~ 6. H~vc $~0 ~ ~e ~t ~ (12) mo~ ~-~ofit B~d m~ eo~b~ m~g m~ ~ $~,000 ov~ ~c past ~ (4) y~ ~ a of ~c ~la Vi~m Ci~ Co~il2 Y~ N% ~ ~ Y~, ~ch 8. Ha~ ~ (or ~ it~ of eq~val~t v~) m ~ offi~*' of &e Ci~ of Si~ of Con--or/~h~t P~ ~ ~ ~e of~tm~/A~li~t Pe~on is ~n~ ~: ' in~d~ml~ fi~ c~p, joint ~e, ~cia~ ~c~l Official ~l~s. ~Z ,S ~t ~mi~ to: Ma~, ~1 ~, ~ ~i~i~, ora boa~ cool.on ~ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, A GRANT DEED OF THE FEE TITLE OF CERTAIN PROPERTY FROM D.R. HORTON SAN DIEGO HOLDING COMPANY, INC. FOR PUBLIC PARKS AND OTHER PUBLIC PURPOSES WHEREAS, on February 1, 2000, the City Council approved the initiation of eminent domain proceedings to acquire the fee simple interest in a portion of Parcel 35A, located within the boundaries of Otay Ranch Village 5, necessary to accommodate the proposed paseo and Park P-9 in Village 5; and WHEREAS, the final design of Park P-9 requires adjusting the park boundaries and the proposed grant deeds would accomplish the necessary lot line adjustment between the park and the adjoining private property; and WHEREAS, staff believes that the new subdivision layout offers a superior product by providing a better grading concept, enhancing circulation and infrastructure design and providing a larger ~'usable" park acreage; and WHEREAS, City will be conveying 4040 square feet to D. R. Horton and receiving 878 square feet increasing the net "usable" park area due to a revised park grading which would allow using a larger area of the surrounding park slopes for recreation purposes. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept on behalf of the City of Chula Vista, a municipal corporation, a grant deed of the fee title of certain property from D. R. Horton San Diego Holding Company, Inc. for public parks and other public purposes. BE IT FURTHER RESOLVED that the Environmental Review Coordinator has reviewed the Project and determined that it is in substantial conformance with the Otay Ranch General Development Plan EIR 90-01, SPA One EIR 95-01, subsequently amended SPA One Plan EIR 97-03 and other related environmental documents and that the proposed "A" Map No. 3 would not result in any new environmental effects that were not previously identified, nor would the proposed "A" Map No. 3 result in a substantial increase in severity in any impacts previously identified. Presented by Approved as to form by John P. Lippitt John M. Kaheny Director of Public Works City Attorney [H:\HOME~A~TORNEY\RESO\ DR Hodon (Deeds ('January 18,200~ (2:19pm}] RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CONVEYANCE OF THE FEE TITLE OF CERTAIN PROPERTY TO D. R. HORTON SAN DIEGO HOLDING COMPANY, INC., A CALIFORNIA CORPORATION, AND AUTHORIZING THE MAYOR TO EXECUTE A GP~ANT DEED FOR THE LEGAL TPJkNSFER OF SAID PROPERTY WHEREAS, on February 1, 2000, the City Council approved the initiation of eminent domain proceedings to acquire the fee simple interest in a portion of Parcel 35A, located within the boundaries of Otay Ranch Village 5, necessary to accommodate the proposed paseo and Park P-9 in Village 5; and WHEREAS, the final design of Park P-9 requires adjusting the park boundaries and the proposed grant deeds would accomplish the necessary lot line adjustment between the park and the adjoining private property; and WHEREAS, staff believes that the new subdivision layout offers a superior product by providing a better grading concept, enhancing circulation and infrastructure design and providing a larger "usable" park acreage; and WHEREAS, City will be conveying 4040 square feet to D. R. Horton and receiving 878 square feet increasing the net "u~able" park area due to a revised park grading which would allow using a larger area of the surrounding park slopes for recreation purposes. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the conveyance of the fee title of certain property to D. R. Horton San Diego Holding Company, Inc., a California corporation. BE IT FURTHER RESOLVED that the Environmental Review Coordinator has reviewed the Project and determined that it is in substantial conformance with the Otay Ranch General Development Plan EIR 90-01, SPA One EIR 95-01, subsequently amended SPA One Plan EIR 97-03 and other related environmental documents and that the proposed "A~ Map No. 3 would not result in any new environmental effects that were not previously identified, nor would the proposed "A" Map No. 3 result in a substantial increase in severity in any impacts previously identified. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute a Grant Deed for the legal transfer of said property. Presented by Approved as to form by John P. Lippitt John M. Kaheny Director of Public Works City Attorney RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL "A" MAP NO. 3 FOR CHULA VISTA TRACT NO. 96-04 OTAY RAIqCH VILLAGE 5, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA, THE EASEMENTS GR3kNTED ON SAID MAP WITHIN SAID SUBDIVISION, ACKNOWLEDGING ON BEHALF OF ThE CITY OF CHULA VISTA THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTERESTS IN LOTS UA", "B", "C", "E", "F", "J" AND "P" FOR OPEN SPACE AND OTHER PUBLIC PURPOSES, LOT "D" FOR PUBLIC PARK PURPOSES, ALL AS SHOWN ON SAID MAP WITHIN SAID SUBDIVISION, AND VACATING ON BEHALF OF THE CITY OF CHULA VISTA CERTAIN IRREVOCABLE OFFERS OF DEDICATION FOR OPEN SPACE LOTS AND PARK LOTS LOCATED WITHIN THE BOUNDARIES OF THE FINAL "A" MAP NO. 3 NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula Vista does hereby finds that certain map survey entitled Chula Vista Tract 96-04 Otay Ranch Village 5 "A" Map No. 3, and more particularly described as follows: Portions of Lots 1 and 2 of Section 4 in Township 18 South, Range 1 West, San Bernardino Meridian together with Lots 1 through 17, 20, A, B, D, G, H, I, M, N, O, T through Y, AA, BB, Santa Rosa Drive and portions OF Lots 18, 19, K and Z, all of Otay Ranch Village 5, "A" No. 2, Chula Vista Tract No. 96-04 according to Map thereof No. 13962 filed in the office of the County Recorder of San Diego County April 28, 2000, together with a portion of Lot 21 of Otay Ranch Village 5 "A" Map No. 1, Chula Vista Tract No. 96-04 according to Map thereof No. 13615 filed in said office of the County Recorder August 12, 1998, all in the City of Chula Vista, County of San Diego, State of California. Area: 167.747 acres No. of Lots: 31 Numbered Lots: 14 Lettered Lots: 17 is made in the manner and form prescribed by law and conform to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the public lots ~A", "B", "C", ~E", ~'F", "J" and "P" for open space and other public purposes, Lot "D" for public park purposes, all as shown on said map within said subdivision noting that Section 7050 of the Government Code of the State of California provides that an offer of dedication shall remain open and subject to future acceptance by the City. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the sewer easement and the assignable and irrevocable general utility and access easements, all as shown on said map within said subdivision noting that Section 7050 of the Government Code of the State of California provides that an offer of dedication shall remain open and subject to future acceptance by the City. BE IT FURTHER RESOLVED that said Council hereby terminates, vacates and abandons the following Irrevocable Offers of Dedication pursuant to Section 7050 of the California Government Code and Section 8335 of the California Streets and Highways Code the following: Document No. 2000-0219625 offered to the City of Chula vista for open space and other public purposes" and the irrevocable offer of dedication per Document No. 2000-0219627 offered to the City of Chula Vista in Lot "I" for public park purposes. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision and that the Irrevocable Offer of Dedication of the fee interest of said lots be acknowledged and that those certain Assignable and Irrevocable General Utility and Access Easements, and sewer easement, as granted thereon and shown on said map within said subdivision are accepted on behalf of the City of Chula Vista as hereinbefore stated. BE IT FURTHER RESOLVED that the City Clerk be, and is hereby directed to transmit said map to the Clerk of the Board of Supervisors. 2 Presented by Approved as to form by John P. Lippitt Jo.~ M. KahenyO Director of Public Works City Attorney IH \H OMEg~,TTORN EY~RESO/Final A Map NO 3 Village 5 (December 22, 2000 (11:42am)] RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 96-04, OTAY RANCH VILLAGE 5 "A" MAP NO. 3 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement to satisfy conditions of Resolution Nos. 18398 and 18613. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 96-04, Otay Ranch Village 5 "A" Map No. 3, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Agreement on behalf of the city of Chula Vista. Presented by Approved as to form by Director of Public Works City Attorney IH/H OM E%ATTORN EY/R ESO\ssia A Map 3 village 5 (December 22, 2000 {9:378m)] COUNCIL AGENDA STATEMENT Item: Meeting Date: i/23/0~ ITEM TITLE: Report: Response to Council request regarding enactment of the Mills Act in Chula Vista SUBMITTED BY: Director of l~lanning and Building/~/~ This is a response to the Council's request of December 7, 1999 to further research specific implications of implementing the Mills Act in Chula Vista. Since that time, staff has done research and has met with the Resource Conservation Commission and other interested citizens to evaluate methods by which the Mills Act could be implemented in the City. RECOMMENDATION: That the City Council consider the adoption of an ordinance that would allow it to enter into Mills Act agreements to help provide an economic incentive to property owners of designated historic properties to preserve, restore and rehabilitate said properties and direct staff to draft such an ordinance. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Background: The Mills Act is legislation that gives local jurisdictions the power to enter into contractual agreements with private property owners of qualified historic properties. It was designed to encourage the preservation, maintenance, and restoration of designated historic properties through property tax incentives. This legislation permits a city to implement an ordinance, which will allow for reassessment of property taxes through an established formula. Each city may establish its own guidelines for requirements and eligibility for this historic designation benefit and has complete discretion over the provisions of the Agreement Thc Mills Act (California Government Code Sections 50280-50290), is named after former State Senator James Mills. Through this legislation the State of California authorizes cities and counties to enter into voluntary contracts, for a minimum term of ten years, with the owners of qualified historic properties. The owner will receive a reduction in property taxes for actively maintaining the historical integrity of his/her property. This reduction in property taxes is to encourage owners to spend more money rehabilitating their homes. If the owner does not comply with the conditions of the agreement he/she may be penalized for "breach of contract" which is equal to 12.5 % of thc home's current market value. Thc County Assessor's Office determines thc new "assessed value" using an income based method with the final assessment being the lesser Page 2, Item: Meeting Date: 1/23/01 of'. market value, Proposition 13 value, or the income based value. This state legislation identifies a historic property as a property that is recognized and listed on any official federal, state, county, city register or local survey listings that the local jurisdictional governing body recognizes. The agreement is applicable to any owner-occupied or income producing "qualified" historic property. There is complete city/county discretion with each city establishing its own guidelines for requirements and eligibility. The legislation states that a city or county may enter into such contract, however it is not required that the city/county do so. Under the traditional method of determining property taxes, properties are reassessed when sold. However, since the Mills Act contracts run with the property, subsequent owners may realize greater tax benefits. The assessed property value typically increases when property is sold which can be a significant marketing feature for the property in terms of future sales and is considered an important historic preservation incentive because the property will be maintained. The initial Mills Act contract term is ten years. Each year on the anniversary of the contract's effective date an additional year is added to the contract term. If either party (property owner or the City) does not want to renew, a notice of non-renewal must be submitted to the other party in a timely manner. Effectively the actual term of the contract is at least ten years, but may be indefinite as it is automatically annually renewed. Analysis: Prior to any action the Council requested more information regarding the following: 1.) The number of homes likely to qualify for historic significance designation The legislation identifies a historic property as a property that is recognized and listed on any official federal, state, county, city register, or local survey listing that the local jurisdictional governing body recognizes. The Chula Vista Historical Society conducted an historic survey in 1985 and listed 44 homes and 37 sites of historical interest; these may all potentially qualify for the Mills Act. 2.) The amount of annual property tax losses A better estimate can be made once interested owners are determined and an accepted listing of possible qualified properties is compiled. At this point the City believes that the fiscal impact will be minimal. The City only receives $0.147 of each property tax dollar. Staff believes there will be no significant loss as a result of implementing the Mills Act program. Further, according to several studies, in the legislation's 25-year history, the reduction in property tax revenue to local jurisdictions has been minimal. 3.) The amount of staff time needed to administer the program each year Each local jurisdiction in San Diego County that has adopted Mills Act agreements agree that once the initial start up efforts are complete, staff time needed to administer the program each year is minimal. However, initial start up will entail writing the ordinance, Page 3, Item: Meeting Date: 1/23/01 developing procedures, developing forms, and the like. This may require substantial staff time. San Diego County jurisdictions, as well as others across California that have implemented the use of Mills Act agreements, view the financial impacts as minimal compared to the ultimate benefits that are received by the entire community through maintenance and preservation of historic properties. 4.) What type of criteria are applied in determining whether or not a site is historically significant? To date, preservation efforts, have been pursued primarily by the City's historical society. Three members of the Society conducted an historic survey in 1985, independent of the city and developed criteria for historic designation (see attached). These standards are the only established local criteria the City of Chula Vista has at this time, however, they have not been officially adopted by the City. These criteria may be reviewed and revised if necessary when the program is established. 5.) The degree of success experienced by San Diego, La Mesa, Escondido, and Coronado in encouraging historic preservation as a result of Mills Act contracts Currently, four cities in San Diego County have adopted the use of Mills Act agreements. Escondido, La Mesa, and San Diego have all had great success with the program and consider the Mills Act agreement one of the best preservation tools that have to offer. Coronado just recently adopted the ordinance, but have worked out a program that they feel will work out great for the city. 6.) The extent to which Redevelopment Project areas would be impacted At this time, staff is not sure of the extent to which the Redevelopment areas will be impacted. It is likely, though, that the fiscal impact will be greater in these areas. This issue will be further evaluated in conjunction with preparing a Mills Act ordinance, and determining its applicability to redevelopment areas. Conclusion: Mills Act agreements can be a useful preservation tool if complemented with zoning ordinances and land use policies that protect historic resources as well. For a Mills Act program to be successful in Chula Vista, a precise statement of preservation goals and policies, including a specific agenda for future action to accomplish those goals will be necessary. This would be the next step for staff to pursue, should the Council determine to enact the Mills Act. Execution of a Mills Act agreement may result in reduced property tax revenue to the City. A portion of this reduction in revenue can be supplemented via application fees and issuance of permits for work performed under the agreement. In the legislation's 25-year history the reduction in property tax revenue to local jurisdictions has been minimal. In making the determination to proceed further, Council may wish to consider the following advantages and disadvantages of the program: Page 4, Item: Meeting Date: 1/23/01 Advantages and Disadvantages of the program: 1.) Advantages: Lower property tax assessment for historic property owners Possible selling point to a potential buyer because the property tax assessment under the agreement runs with the land. No supplemental tax bill upon sale of the home or with any future improvements. Buyers are looking to purchase properties that are under such an agreement because of the set property tax value. May help stabilize and improve the economic value of an area. For all intents and purposes (i.e. secondary financing) the property will be appraised at full market value Incentive to protect the irreplaceable historic resources. May help foster civic pride and enhance culture and aesthetics with in the City. Helps preserve historic structures Possible revenue source to the city via application fees and issuance of permits for work performed under the agreement. Due to specific contractual obligations and high financial penalty for "breach of contract", most often only owners with a strong commitment to preserve and restore thek property volunteer to enter the agreement. 2.) Disadvantages: Requires initial set up and on going oversight by the City The longer the owner has owned the property the less the reduction property taxes will be under the Mills Act program. The newer the owner the greater the reduction in property taxes then the greater negative financial impact to the city because the newer property tax rate would have been greater. Long-term contracts with heavy penalties to the owners for default. Regulatory burdens on the City and strict obligations to the owners that must be complied with for a successful preservation program. (Requires long-term commitment from all parties of the contract). FISCAL IMPACT: Implementation of a Mills Act ordinance by the City could have a negative fiscal impact due to reduction in property tax revenue and tax increment revenues in redevelopment areas; however, preliminary analysis indicates that this impact would be minimal. Additional staff time may be Page 5, Item: Meeting Date: 1/23/01 required to actually start up the program, but once established staff time required for administration of the program will be minimal. Attachments: L Local, State, and National Register Criteria 2. December 1999 City Council report (h:/home/planffmg/lynnette/a 113format 1.doc) Attachment I LOCAL CRITERIA: Criteria for City of Chola Vista Historical Site Registration: · BEARS A RELATIONSHIP TO OVERALL HERITAGE ON A LOCAL, STATE, OR NATIONAL BASIS. THIS MISSION OF SAN DIEGO, FOR EXAMPLE, IS LOCAL BUT IS ALSO PART OF A STATEWIDE SYSTEM - THAT IS RECOGNIZED NATIONALLY. · RELATES TO A HISTORIC PERSONAGE WHO PLAYED AN IMPORTANT ROLE HISTORICALLY~ ON A LOCAL, STATE, OR NATIONAL BASIS. HOWEVER, THE INDIVIDUAL NEED NOT BE KNOWN NATIONALLY, AS LONG AS IT WAS SOMEONE WHO MADE A SIGNIFICANT CONTRIBUTION ON A LOCAL BASIS. IDEALLY, THIS INCLUDES A SITE WHERE THE INDIVIDUAL LIVED OR WHERE A NOTEWORTHY HISTORICAL CONTRIBUTION OR ACHEIVEMENT TOOK PLACE. · MAY BE A SITE WHERE AN IMPORTANT EVENT TOOK PLACE. THIS WOULD BE AN EVENT SYMBOLIC OF A PHASE OF HISTORY THAT COULD REACH THE NATIONAL LEVEL. THE SITE OF THE SIGNING OF A HISTORIC DOCUMENT, FOR EXAMPLE, WILL SATISFY THIS CRITERION. · THE SITE SHOULD HAVE DISTINGUISHING ARCHITECTURAL CHARACTERISTICS THAT ARE IDENTIFIABLE. THIS INCLUDES STRUCTURES OF A PARTICULAR ARCHITECTURAL STYLE RECOGNIZABLE TODAY. · THE SITE MAY BE ARCHAEOLOGICALLY SIGNIFICANT IN ITS ASSOCIATION WITH PRE-HISTORY OF THE AREA. A SITE DEMONSTRATING EXISTENCE OF AN ANCIENT COMMUNITY (INDIANS INDIGENOUS TO THE AREA, FOR EXAMPLE) COULD SATISFY THIS CRITERION. · HAS INTEGRITY. THIS IS WHERE THE SITE CONTINUES TO HAVE EVIDENCE OF THE ORIGINAL FEATURES. ENOUGH OF THE ORIGINAL STRUCTURE OR THE SITE IS INTACT TO BE DISTINGUISHABLE AS HAVING HISTORICAL VALUE. Attachment I HISTORIC DESIGNATION ELIGIBILITY CRITERIA FOR BUILDINGS/HOMES: An historical resource must be significant at the local, state, or national level, under one or more of the following criteria for designation on either the State or National Register. CALIFORNIA REGISTER IT IS ASSOCIATED WITH EVENTS THAT HAVE MADE A SIGNIFICANT CONTRIBUTION TO THE BROAD PATTERNS OF LOCAL OR REGIONAL HISTORY, OR THE CULTURAL HERITAGE OF CALIFORNIA OR THE UNITED STATES. · IT IS ASSOCIATED WITH THE LIVES OF PERSONS IMPORTANT TO LOCAL, CALIFORNIA, OR NATIONAL HITORY · IT"EMBODIES THE DISTINCTIVE CHARACTERISTICS OF A TYPE, PERIOD, REGION, OR METHOD OR CONSTRUCTION OR REPRESENTS THE WORK OF A MASTER, OR POSSESSES HIGH ARTISTIC VALUES. IT HAS YIELDED, OR HAS THE POTENTIAL TO YIELD, INFORMATION IMPORTANT TO THE PREHISTORY OR HISTORY OF THE LOCAL AREA, CALIFORNIA, OR THE NATION. NATIONAL REGISTER · IT IS ASSOCIATED WITH EVENTS THAT HAVE MADE A SIGNIFICANT CONTRIBUTION TO THE BROAD PATTERNS OF OUR HISTORY. · IT IS ASSOCIATED WITH THE LIVES OF PERSONS SIGNIFICANT IN OUR NATION'S PAST. · EMBODIES THE DISTINCTIVE CHARACTERISTICS OF A TYPE, PERIOD, OR METHOD OF CONSTRUCTION OR THAT REPRESENT THE WORK OF A MASTER, OR THAT POSSESS HIGH ARTISTIC VALUES, OR REPRESENT A SIGNIFICANT AND DISTINGUISHABLE ENTITY WHOSE COMPONENTS MAY LACK INDIVIDUAL DISTINCTION. · HAVE YIELDED OR MAY BE LIKELY TO YIELD, INFORMATION IMPORTANT IN PREHISTORY OR HISTORY. Attachment 2 AGENDA STATEMENT Item Meeting Date 12/7/99 ITEM TITLE: Resolution directing city staff to research and prepare a recommendation for Council consideration regarding enactment of the Mills Act in Chula Vista SUBMITTED BY: Mary Salas, Deputy Mayor REVIEWED BY: N/A (4/Sths Vote: Yes__ No X ) The Mills Act, Statutes of 1977, provides incentives to encourage the preservation, maintenance and restoration of designated historic properties. Adoption of this resolution will direct staff to research and prepare a recommendation for Council consideration regarding enactment of the Mills Act in Chula Vista. RECOMMENDATION: That the City Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION: N/A DISCUSSION: Background In 1977, State Senator James R. Mills carried legislation which was designed to provide incentives to encourage the preservation of historic properties. The legislation, subsequently named "The Mills Act", reduces property tax assessments on qualifying properties. The intent of the legislation was to provide individual cities with a means of encouraging the owners of historic properties to restore or maintain the sites. By reducing the property tax assessment, and thereby the mount of taxes paid each year, the property owner may have the means to better restore or maintain the property. As of this writing, the cities of San Diego, Escondido and La Mesa have adopted ordinances which allow property owners in those cities to apply for reduced assessments. The City of Coronado is in the process of preparing and adopting an ordinance as well. Attachment 2 Page 2, Item __ December 7, 1999 Among the three cities which have an ordinance in place, approximately 150 properties have applied for, and received, the property tax benefit. The preservation group "Save Our Heritage Organization" (SOHO) has approached Chula Vista with the request that we, too, adopt an ordinance which would offer property owners in Chula Vista the benefits of the Mills Act. Prior to such an action, the Council would need such information as: · The number of homes likely to qualify for historic significance designation · The amount of annual property tax losses · The amount of staff time needed to administer the program each year · What type of criteria are applied in determining whether or not a site is historically significant · The extent to which Redevelopment Project areas be impacted · The degree of success experienced by San Diego, La Mesa and Escondido in encouraging historic preservation as a result of Mills Act contracts The purpose of this agenda item, therefore, is to request Council support to direct staff to carry out such an investigation and report back to the City Council with a recommendation. FISCAL IMPACT: There is no fiscal impact associated with the adoption of this resolution. Following staff investigation of the benefits and/or drawbacks of this program, the City Council will then determine whether or not to pursue adoption of an ordinance which would activate the Mills Act in Chula Vista. Attachments: 1. Letter from property owners who support Mills Act implementation in Chula Vista c:\... 1999\agendastatements\MillsAct