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Home My WebLink AboutPlanning Comm Rpts./1996/08/14 (10) PLANNING COMMISSION AGENDA STATEMENT Item: ....L Meeting Date: August 14. 1996 ITEM TITLE: PUBLIC HEARING: PCS-96-04: Consideration of a revised tentative subdivision map for the Otay Ranch SPA One, Chula Vista Tract 96-04, generally located south of Telegraph Canyon Road between Paseo Ranchero and the future SR 125 alignment and excluding 288 acres in Assessor Parcel No. 642-060-11 and a portion of APN: 642-080-01. Village Development has submitted a revised subdivision map for a portion of Otay Ranch SPA One Chula Vista Tract 96-04 to subdivide approximately 822 acres into 1,898 single family residential lots, approximately 1,831 multi-family residential units, one elementary school site, 7 park sites totaling 27.2 acres, 174.6 acres of open space, 11.5 acres of commercial and 14.6 acres of community purpose facility land. The application has been modified since the previous submittal to delete the portion ofland on which West Coast Land Fund holds a promissory note. Village Development proposes to delete this 288 acre area ITom the Tentative Map previously recommended for approval by the Planning Commission. The Environmental Review Coordinator has reviewed the proposed revised Tentative Map and has determined that while the revised map is in substantial conformance with the Otay Ranch SPA One Plan for which Final Environmental Impact Report 95-01 and Addendum were certified by the City Council the revision to delete 288 acres will require an additional Addendum. The additional Addendum did not identify any adverse environmental impacts. Therefore, staff recommends the recertification ofFEIR 95-01 and Addendum's and reapproval of the Statement of Overriding Considerations and the Mitigation Monitoring Program related thereto. ISSUES: The following are unresolved policy and design issues between the project applicant and staff: . Implications of deleting 288 acres ITom the previously proposed tentative map . Gated Neighborhoods . Access to EastLake triangular parcel to the east of Village Five RECOMMENDA nON: Recertify FEIR 95-01 and Addendum's for the Otay Ranch SPA One and Tentative Map for Otay Ranch, Chula Vista Tract 96-04. Item: 3 Page 2 Meeting Date: August 14, 1996 Adopt the attached Planning Commission Resolution PCS 96-04 recommending approval of the Tentatiye Subdivision Map for Village Development's portion of Village One only of the Otay Ranch SPA One, Chula Vista Tract 96-04, in accordance with the findings and subject to the conditions contained in the attached Draft City Council Resolution (Attachment 2.) BOARDS/COMMISSIONS RECOMMENDA nONS: None DISCUSSION: 1. BACKGROUND The originally proposed tentative map covering approximately 1,110 acres of the Otay Ranch SPA One (all of Villages One and Five) was approved by the Planning Commission on July 10, 1996. The proposed map was scheduled to be reviewed by the City Council on August 6, 1996. On July 25, 1996 the Court released the "Stay of Action" which was previously applied to the property. (See Exhibit A). In light of this new information, Village Deyelopment requested a two week continuance ITom the August 6 City Council hearing date so that they might prepare a revised tentative map excluding the 288 acres on which WCLF holds a collateral interest. Staff recommended and the City Council detennined that it would be best to refer the matter back to the Planning Commission for review prior to the August 20, 1996 City Council hearing. On Thursday, August 8, 1996, the Court granted an additional stay of action for seven days to enable the debtors to appeal the Court action. 2. APPLICANT'S PROPOSAL The Applicant is proposing to revise the tentatiye map to delete the 288 acres of WCLF collateral interest in Village One and Village Five ITom the tentative map (See Exhibit B). Neighborhoods R-12 is not proposed to be subdivided as this time because the collateral line runs through the area. Neighborhood R-I0 has been relotted to reflect the WCLF boundary. Village Development's revised subdivision map for their portion of Otay Ranch SPA One Chula Vista Tract 96-04 to subdivide approximately 822 acres into: 1,898 single family residential lots 1.831 multi-family residential units 3,729 total units with one 10 acre elementary school site, 7 park sites totaling 27.2 acres, 174.6 acres of open space, 11.5 acres of commercial and 14.6 acres of community purpose facility land. Item: 3 Page 3 Meeting Date: August 14,1996 3. ISSUES A. Implications of deleting 288 acres from the previously proposed tentative map Technical Committee: The Technical Committee consisting of representatiyes from Fire, Police, Planning and Public Works departments and the Project Team met on August 8, 1996 to review the proposal and are concerned with a number of issues. Should a scenario be approved which would delete the center portion of SPA One, staff is concerned that future flexibility to replan Village Five would be lost. WCLF has opposed to the park, school and CPF uses located on their collateral in the Village Fiye Core. It is therefore foreseeable that if WCLF gains the rights to the collateral that they would seek a SPA amendment to relocate these uses elsewhere in Village Five, which would require negotiation and cooperation with Village Deyelopment. City staff believes that these issues should be addressed and negoriated between the WCLF and Village Development prior to approval of any tentative map for Village Five. Staff sees the eastern part of Village Fiye as just a large subdivision without the support of the village core. We are also con~rned about the development of the paseos if split by the property holdings. Staffhas concerns with proposed access through non-gated neighborhoods. There are portions ofWCLF collateral that are only accessed through a gated Village Development neighborhood. This access would not comply with City ordinance or policies. Grading adjacent to or on the WCLF collateral for Village Development is also a concern. While the subdivision may be approved, actual development should be held back from the undeveloped property between 50 to 100 feet to avoid future grading conflict when the WCLF property does deyelop. Police and Fire Departments: Both the Police and Fire Departments have expressed concern regarding the applicant's proposal. They want to be ensured that La Media Road and East Palomar Street will be in place no later than the trigger points which were established for the original tentatiye map proposal. They reiterated that if possible they would strongly prefer that these road segments be installed earlier than originally approved. While initial analysis indicated the thresholds could be met, the departments remain concerned with the current proposal and the timing of La Media and East Palomar. Both departments also indicated their concern with Neighborhood R-33 in Village Fiye and would like to have a temporary secondary access into this neighborhood from Telegraph Canyon Road. The existing sewer road may be used as an emergency access to this neighborhood. Chula Vista Elementary School District: A Mello-Roos District has been initiated on the entire SPA area. The district can acquire the school sites whenever the district believes they are needed. B. Gated Neighborhoods During the SPA One Plan hearings, the Planning Commission recommended against the gates as proposed by the project applicant in the SPA Plan. The City Council voted tentatively (3-2) to Item: 3 Page 4 Meeting Date: August 14, 1996 support the Planning Commission's recommendation, but, at the June 4, 1996, meeting took final action (5-0) on the SPA Plan and agreed to reconsider the final decision on gates at the Tentative Map stage. Ten gates are proposed on the Tentative Map restricting access to all the single-family neighborhoods in both villages Under the SPA proposal, only the single-family neighborhoods north of Palomar Street in Village One were proposed to be gated. The Tentative Map proposes gates for the neighborhoods south of Palomar Street as well as the others proposed under the SPA Plan. For analysis, staff has numbered the gates 1 through 10 on the previous tentative map. On the revised map, Gates 4 and 8 are on the WCLF collateral. Gates 1, 2 and 3 now restrict auto access to the Village One neighborhoods north of Palomar Street. There are 874 single-family homes behind these gates on Village Development property. There are 115 lots in Neighborhoods R-9 and 11 that are on WCLF collateral. Gates 5, 6 and 7 restrict vehicular access to the 364 homes proposed south of Palomar Street in Village One. Because the collateral line splits this area and public access is needed to both sides, staff does not believe gates will work in these neighborhoods. There are 199 lots in the WCLF collateral and 185 in Village developments property neighborhoods R- 12, 13 and 14. Neighborhoods R- 12, 13 and 14 can not be gated until the ownership issue is resolyed because the WCLF area needs public access. Vehicular access to the Village Development's portion of Village Fiye is now restricted by Gates 9 and 10. Staff is concerned with the proposal for splitting Village Five and the potential for gating only Village Development's portion of the village. As with the area south of Palomar in Village One, the concern focuses on public access WCLF. If the WCLF collateral has public streets, Village Development will need an additional gate at the connecting streets. Staff belieye the gate issue should be revisited after the ownership issue is resolyed. All the gates restrict just vehicular access. Pedestrians, bicyclists and carts will have fu11 access under the proposed gating plan. Gates having the most amount of traffic are tentatively proposed to be staffed. Under the proposed phasing plan it should be noted that the gates will remain open for a number of years prior to being activated. While staff believes the proposal to gate neighborhoods has merit, we believe the Planning Commission should consider the following points which are not specifically addressed in the table: Exclusivity vs. Community: There are many arguments for and against gated communities trom a social perspective. Concerns have been raised that separating segments of society behind walls and gates will only lead to further economic and racial segregation within our community. There is the fear that those who live behind gates have a greater apathy for those outside. On the other hand, others argue that gates create more of a sense of neighborhood and community than a traditional subdivision. The feeling is that people will work better together to support their "defined" neighborhood rather than losing that focus in a sprawling subdivision Item: 3 Page 5 Meeting Date: August 14, 1996 Crime: Fear of crime is the most important factor leading to the move toward gated communities. People see gates and guards and assume an area is inherently more secure. That fact, however, is debatable and is dependent on the type of crime studied. Some reports on crime in gated communities show that certain offenses, such as petty theft or voyeurism, are reduced with the presence of gates. However, certain violent crimes that usually involye people who are known to each other, like murder and rape, may not be reduced. Nonetheless, the perception of any affected homeowner is that gated neighborhoods are safer. Traffic and Circulation: Reducing traffic flow and making streets safer is one of the main reasons gates are proposed. Proponents of gated communities argue that diverting traffic ITom high volume residential streets makes the streets quieter and safer for children. In addition, if only residents are allowed access to the streets, monitoring strangers driving through neighborhoods will be easier, therefore, making the area safer for the residents. Opponents argue that gating a community may do nothing more than transfer the problem of residential traffic ITom one street to another. They believe that these communities may create more congestion by concentrating traffic on collector streets outside the development. Although if the gated community is only a feeder to the major arterial (like a street system that is based on cul-de-sacs), it makes little difference if it is gated or not in terms of the traffic coming into a collector street. Some believe that the gating of communities reduces choice and opportunities for yehicular trayel routes. This could be true depending upon the design of the street system. If it were a grid system it would be true but probably not if it were a cul-de-sac system. Emergency Access: Gated communities pose challenges for emergency responses ITom police, fire and paramedics. Unless properly controlled, gates can lead to minor delays or can result in major difficulties in responding to emergencies or acting to eyacuate areas. Mechanical access systems to these communities exist but may not operate effectively at all times. Systems that rely on entry codes only face the problem of notifying emergency services when the code is changed. If these emergency services are not notified in time, delays may result. Additionally if gated communities haye limited points of entry and, if one entry is blocked, there is an increased delay in access to the emergency. Currently, systems like the "Opticom" Vehicle Strobe Detector Systems, Knox Boxes and Knox Key Switches are provided to eliminate any difficulty in responding to emergencies that police, fire or paramedics might have. These systems work effectively and have not led to substantially lower response times. To ensure that, redundant multiple systems could be required. Eyen with these systems, the Police and Fire Departments are still concerned and recommend that gates only be approved if staffed 24 hours a day. Metropolitan Transit Development Board: MTDB staff is not supportive of gated communities, primarily because they believe gating contributes to a discontinuous street system and restricts mobility They believe that discontinuous streets inhibit pedestrian, bicycle and transit circulation and increase automobile dependence. In addition, they believe gates form artificial barriers between neighborhoods. MTDB sees this action as contrary to the neo- traditional goals of the Otay Ranch GDP. Item: 3 Page 6 Meeting Date: August 14, 1996 During the SPA Plan review, staff prepared a gated communities policy paper containing general and specific guidelines for gating neighborhoods. The general guidelines focused on the following items: . Discourage gates in commumnes where the Growth Management Threshold Standards could not be met. . Maintain pedestrian and bicycle access to parks, open space and other facilities. . Require that all State and City criteria be met for street design, including access for school buses, trash pick-up and mail delivery and enforce the traffic and parking regulations of the Vehicle Code. . Review and approve the number of units behind gates to reduce impacts to surrounding communities. The specific guidelines and requirements focused on the following: . Signs indicating gated street areas and location of trails and parks open to the public. . No public services such as libraries, fire or police stations located behind gates. . Maintain altematiye access to public facilities. . Enforcement of the Vehicle Code in gated communities. . Require staffing on some or all of the gates. The Engineering Department criteria for gated communities requires: . Sufficient stacking for peak flows . Construct streets to City standards but privately maintained . Private stonn drains . Private street lights confonning to public standards In addition, the Chula Vista Elementary School District wants to ensure access for the school buses, require hold harmless and indemnification agreements and insurance ITom the homeowners association. The gates, as proposed on the Tentative Map, meet the criteria as proposed by staff in the following table. While restricting vehicular access to a limited number of the single-family neighborhoods could be acceptable, staff is still concerned about the number of units proposed behind gates in this project and recommends denial of the gates as proposed. Gated products on a reduced scale could be acceptable and might be advantageous to the overall project. Additionally, at the July 10 Planning Commission hearing, the Commission reiterated their previous position which was not in support of gating the project. Item: 3 Page 7 Meeting Date: August 14, 1996 The following table analyzes the 10 proposed gates in relationship to the above criteria: 1 2 3 4 5 6 7 8 9 10 General Criteria GMOC Yes Yes Yes *s Yes Yes Yes *s Yes Yes Threshold Standards Ped access Yes Yes Yes *s Yes Yes Yes *s Yes Yes City Ord Yes Yes Yes *s No No No *s Yes Yes Other Yes Yes Yes *s Yes Yes Yes *s Yes Yes Agencies Nwnber of 989 989 989 989 ;64 ;64 ;64 .J+98 .J+98 .J+98 units 874 874 874 185 185 185 1098 1098 Specific Criteria Si!!IlS Yes Yes Yes *s Yes Yes Yes *s Yes Yes Signs to Yes Yes Yes *s Yes Yes Yes *s Yes Yes public filc Facilities Yes Yes Yes *s Yes Yes Yes *s Yes Yes private Access to Yes Yes Yes *s Yes Yes Yes *s Yes Yes other attractors Public Yes Yes Yes *s Yes Yes Yes *s Yes Yes enforcmnt ofV.C. Staffed No Yes Yes Ne No No No Ne Yes Yes Stacking Yes Yes Yes *s Yes Yes Yes *s Yes Yes Pvt Street Yes Yes Yes *s Yes Yes Yes *s Yes Yes Pvt Drain Yes Yes Yes *s Yes Yes Yes *s Yes Yes p.,t S1. Yes Yes Yes *s Yes Yes Yes *s Yes Yes Liebling School bus Yes Yes Yes *s Yes Yes Yes *s Yes Yes access Staff has included conditions of approval for gates if the Commission detennines some are appropriate. C. Access to EastLake Triangular parcel: Representatives of Eastlake have requested that the City require Village Development, as part of the Tentative Map, to dedicate and improve to City standards, vehicular and pedestrian access to Eastlake's triangular parcel of land. After study and preparation of seyeral alternative plans (see Exhibit C) by the Department of Public Works, showing potential access routes to the property, the City Public Works and Planning Departments as well as the Project Team have detennined that a connection to the EastLake triangular parcel to the east is not necessary as a result of the traffic generated from the SPA One project. This access Item: 3 Page 8 Meeting Date: August 14, 1996 would require deletion of approximately 10 single family lots from Phase lA of the Tentative Map. City Staff has met with Village Development and EastLake representatives on several occasions in an effort to amicably resolve this issue but have been unable to reach an acceptable solution to either party. While private negotiations were held, no resolution of this private issue was obtained. EastLake has indicated that they do not believe they should be financially obligated for compensating Village Development for the loss of the 10 lots nor responsible to construct the access improvements or maintain them. In addition to this access, they also will be requesting the City for a signalized intersection on Otay Lakes Road. City staff does not believe that Village Development should be required to provide nor maintain the access on the Tentative Map to Eastlake's property. Villages One and Five do not generate any traffic impacts on the triangular parcel or require a need for a signalized access. This access issue and the need for the traffic signal is a separate issue pertaining to Eastlake. It should be noted that Eastlake knew about the access limitations to this parcel (right turn in and out) during the property transfer negotiations between Baldwin Co. and Eastlake. 4. ALTERNATIVES A. Approve Village One Staff recommends approval of the Tentative Map for only Village Development's portion of Village One. This alternative will not approve a subdivision for Village Five. Approval of the map for Village Fiye will lock in to a greater degree the subdivision of the Village thereby reducing flexibility to adjust land uses. West Coast Land Fund has indicated they are not satisfied with the SPA One land use plan and they wish to adjust the school and park locations, increase the commercial acreage, delete multi-family areas and add single-family neighborhoods. If Village Development is successful in retaining ownership the proposed map can be brought back to the Commission and council for approval.. If a new owner becomes involve who wishes to adjust land uses, a SPA amendment and tentative can be brought froward after negotiation with Village Development. The recommendation for only Village Development's portion of Village One will subdivide 556.54 acres into: 962 single family residential lots 1.566 multi-family residential units 2,528 total with one 104 acre elementary school site, 4 park sites totaling 22.2 acres, 116.3 acres of open space, 11.5 acres of commercial and 11.6 acres of community purpose facility land. Item: 3 Page 9 Meeting Date: August 14, 1996 B. Approve Village I and Phase I-A of Village 5 Alternatively, City staff could also support approval of the tentative map for only Village Development's portion of Village One plus Phase I-A of Village 5 which will subdivide 608.24 acres into: 1,198 single family residential lots 1.566 multi-family residential units 2,764 total and one lOA acre elementary school site, 5 park sites totaling 23.5 acres, 122.7 acres of open space, I 1.5 acres of commercial and I 1.6 acres of community purpose facility land. This alternatiye would giye Village Development additional discretionary approvals for their land sales program. Staffbelieyes that because of the limited size of Phase I-A, City services easily can be extended and threshold standards can be maintained. CONCLUSION: Staff recommends the Planning Commission adopt Alternative A Attachments: Exhibit A: August 2, 1996 Council Informational Memo Exhibit B: Revised Tentative Map Exhibit C: City Council Workshop Issue Paper on Triangular Parcel Access Attachment I Planning Commission Resolution Approving Applicant's Proposal Draft City Council Resolution with Conditions Attachment 2 Planning Commission Resolution Approving Staff Recombination A Draft City Council Resolution with Conditions Attachment 3 Planning Commission Resolution Approving Staff Recombination B Draft City Council Resolution with Conditions EXHIBIT A COUNCIL INFORMATIONAL MEMO DATE: August 2, 1996 TO: The Honorable Mayor and City Council Members FROM: John Goss, City Manager [if' Jerry J. Jamriska, Special Planning Projects Manager, VIA: SUBJECT: Potential Issues Impacting the Proposed Tentative Map for the Otay Ranch Project This informational memo is intended to briefly update the Mayor and City Council on the current status of the following issues: 1. Tiger Development Two Bankruptcy In February of 1996, a group of creditors of Tiger Development Two, one of the partner companies of Village Development, filed an action of involuntary bankruptcy against Tiger Development Two. The involuntary bankruptcy case prevented West Coast Land Fund (WCLF) from foreclosing on the land. WCLF, in turn, has continually requested to the City Council and Planning Commission that all discretionary approvals be postponed'. These creditors, namely Hunsaker & Associates, Burton Associates and Dexter W. Wilson Engineering, were owed approximately $387,063. Pending resolution of this involuntary bankruptcy, a "Stay of Action" for the pending foreclosure sale was issued by the court. On July 25, 1996, by a petition from WCLF, the Court released the "Stay of Action." On July 31, 1996, staff received a fax from a law firm representing Tiger Development Two. That fax states "that as of that date, no Order granting West Coast relief from the automatic stay has been signed by the court." It goes on, "the foreclosure sale....cannot go forward (August 2) and will need to be continued to a date beyond August 6, 1996 in any event". Pending the results of an appeal and a request for a stay order, foreclosure proceedings can now co=ence. Village Development has stated that they intend to appeal the decision and request the Court of Appeals to reinstate the "Stay of Action" pending resolution of their appeal. As of this writing, staff is unaware if the property has been foreclosed or if an appeal has been filed. West Coast Land Fund holds a promissory note from Tiger Development Two secured by a first priority Deed of Trust encumbering approximately 1,061 acres of land located within the boundaries of Villages 1, 2, 5, 6, 7 and 11 and Planning AIea 12 of the Otay Ranch General Development Plan. They acquired this note from the Reso]ution Trust Corporation (RTC) after Home Federal Sayings dosed their operations. The loan has been in default since September, 1995 and a non.judicia] foreclosure saJe was scheduled for February 8. 1996. The filing of the above involuntary bankruptcy case triggered an automatk stay that prevented WCLF from foreclosing on the note. Tiger Deyelopment Two had been in default of payment to \Vest Coast Land Fund for this property. IOn ,TuIY 1:2. ]~!~!(-1. in h h":iring Ioc'fl>n' thp Hankrupin' ('''UI"1. th,> .1udgl' gran1,',i ])"!':~;l""",i('Tl 1" 1h" CJ!~' t(l 1'''rJlinu'' 1he ]1)"('("""'-' ,,( ,mrl'"xing th,. ()III\' H!-I!!,h Pr"I"'r1i.'<: (to ,hi' (~ii\' to( ('hul:i \'is!.'! The Honorable Mayor and City Council August 2, 1996 Page 2 2. West Coast Land Fund request for continuance. On July 26, 1996, a Jetter was received from representatives of WCLF requesting a two week continuance "in order to give West Coast an opportunity to determine an appropriate course of action with respect to the subdivision proceedings". 3. Baldwin Builders request for continuance. On July 30, 1996, a Jetter was received from a representative of Baldwin Builders (Jim Johnson, et. al.) requesting an indefinite continuance until a "fee.in.lieu" procedure and process is established. City, County and property owner representative of the parceJs being annexed to the City heJd a meeting on July 23, 1996 to begin a series of workshops on the criteria, formuJa, and process of establishing a City and County "In.Lieu Fee" program. Several of the property owners do not have any or adequate mitigation Jand existing under their current ownership to convey to the preserve as part of their obligation under the Phase 1 and 2 of the Resource Management Plan. This program, if adopted, would provide an alternative method to the actual conveyance of land to the Preserve OwnerjManager (POM) as mitigation of environmental impacts. Also, the City Manager's office is negotiating a deveJopment agreement with Baldwin Builders which will be presented to the City Council during the month of August. 4. Tentative Map status. The Tentative Map being presented to Council is being recommended by staff for approval. The Tentative Map complies with all the conditions and requirements of the General DeveJopment Plan, SPA One and associated documents adopted by the Council with the exception of the following: "Open Space Conveyance Agreement" (currentJy under preparation); "Indemnification Agreement" (waiting for applicants signature); "Open Space Feasibility Study" (currently being reviewed by City staff); and "Municipal Fire Insurance Condition" (currently under preparation). 5. City Council Meeting of August 6, 1996 On August 1, 1996. the City was informed by Village Development representatives that they will be requesting a two week continuance until August 20, 1996 to revise the Tentative Map, deleting that portion of WCLF equity from the Map. If the above request is made, staff would concur and recommend that City Council. after opening up the public hearing and taking testimony. refer the Revised Tentative Map back to the Planning Commission for additional input and recommendations. To comply with the pubhc notice requirements, the Project Team staff pubhshed and sent pubhc notices to reserve the following pubhc hearing dates: Planning Commission-August 14. 1996 City Council------.......--August 20. 1996 The Project Team staff has quickly reviewed the SPA and the proposed Tentative Map conditions and the Public Facilities Financing Plan (PFFP). The prehminary review of those items are as fol1ov,s: . Village De\'elopment Tentatiw Map Conditions: See Exhibit B . Staff Tentatiw Map Conditions: See Exhibit C . Public Facilities Financing Plan: The Honorable Mayor and City Council August 2, 1996 Page 3 The PFFP will need to be amended to reflect the following: Phasing Map will need to be updated and the PFFP revised to reflect ownership change. SnmmRT}' of Cost and Fees by Phase and Facility revised to reflect change in ownership acreage and dwelling units. Traffic - Deletion of WCLF property will require improvements to East Palomar Street and La Media by Village Development current1y required at 300 DU's in Phase 2A as off-site rather than on-site improvements. Polic<VFir<VEMS - No change is necessary. GMOC standards for response times are sti11 applicable. Both Police and Fire Departments have tentatively expressed concern that with the deletion of the WCLF property from the Tentative Map may further erode their response time to Village Five, but further analysis of the Map, as it relates to the GMOC standards, will be needed. Scho01 - Elementary site in Village One is sufficient for Phases lA and IB; the second site in Village Five will be needed at 2,500 units. Village Development has 3,729 units. Off-site acquisition of the Village Five school site and a site west of Paseo Ranchero will be necessary. Mello.Roos districts will pay for land acquisition and construction of schools. Libraries - No change is necessary. The Public Facilities DIF program will sti11 need to be updated. Parks, Trails and Open Space - Park fees will be paid as development occurs. Park pol is the ll-acre neighborhood park in Village One and will support 1,910 units. A second park site will be needed beyond that point. Park P- 2 in Village One is 7 acres and will support an additional 1215 units for a total of 3,125 units. The 5-acre park site on WCLF property would require off. site acquisition by Village Development or City. Water - The Master Water Plan for a loop water system is still possible within each village without WCLF property. Sewer - The Master Sewer Plan for gravity flow is still possible for each village without WCLF property. Drainage - The Master Drainage Plan for improvements will be necessary across WCLF property for Poggi Canyon. Air Quality- No Change is necessary. Fiscal - A change in the Reserve Fund may be necessary. Civic Center - No change is necessary. The Public Facilities DIF program will still need to be updated. Corporation Yard - No change is necessary. The Public Facilities DIF program wiIJ still need to be updated. Other Public Facilities - No change is necessary. The Public Facilities DIF program wil1 stiIJ need to be updated. Public Facility Finance - No change is necessary. All financing methods are stil1 applicable. 6. WCLF and VilJage Development Land Use Comparisons The attached Exhibit D portrays, in great detail, the incli,'idual land use statistics and charact.eristics between WCLF and ViJJage De,elopment and the Proposed Tent.ati'e Map. The data genera.}]y sho''''s that under the rurrent Tentative 1\1ap: The Honorable Mayor and City Council August 2, 1996 Page 4 WCLF Villal1e Development Single-Family Multi-Family Site Size Neigh.. Park Land Comm. Park Land School Facilities CPF Sites 487 dwelling units 1,350 dwelling units 288 acres + 5.92 acres than required . 5.29 acres than required + 1.48 acreS than required + 0.75 acres than required 1,898 dwelling units 1,831 dwelling units 822 acres + 5.72 acres than required 0.00 acres than required . 7.50 acres than required + 3.17 acres than required It should be noted that there already exists appropriate conditions in the Tentative Map as well as financial mechanisms exist to insure the proper location, timing and construction of all on. site and off-site facilities, (Mello- Roos, DIF and PAD fees for schools, infrastructure and park facilities). In addition, WCLF would be either required to provide fees or additional land on-site to meet their obligation for the development of a co=unity park. The civil engineers who designed the tentative map for Village Development have indicated that all public utilities for the Village Development portion of Village Five still function properly according to City standards. In addition, the grading for Village Five balances with Village Development's portion of the village. No import or export of material will be necessary as part of the earthwork for Villages 1 and 5 under the ownership control of Village Development. However, off-site slope easements may be necessary into WCLF land or development temporarily pulled back to acco=odate this grading. 7. Financial Status of Village Development At this point in time, Village Development is one month delinquent in payments in the amount of $88,156.46. This amount was due and payable on July 25, 1996. This amount includes all costs for City staff and consultants assigned to work on the Project, as well as legal costs associated with the GDP/SRP litigation. It is estimated that an additional $50,000 will become due and payable on August 25, 1996. 8. Alternatives Staff has reviewed the Tentative Map in regards to the issues raised above. The following alternatives are available for City Council and Planning Commission consideration: 1. Delete WCLF property from Tentative Map This alternative would allow Village Development to proceed with development. However, the approval, for Village Development in both portions of Vil1ages 1 and 5 would lock in the subdivision lot pattern and make it more difficult to adjust lot layout and land uses if WCLF wishes to shift school, park and multi-family land uses out of their property. Approval of the Map for only VilJage 1 would allow more flexibility for replanning of Vil1age 5 if \VCLF becomes a property o'wner and wishes to replan. It should be kept in mind that the replanning probably would require amendments to the General Development Plan, SPA One and Tentative Map. 2. Approve Tentative Map This alternative approves the lot layout for both VilJage Development and WCLF properties. Approyal of the Tentatiy€ 'Map would allo-w Village De\'elopment to moy€ to Final Maps which are mirusterial acbons by the Counci1. If ViJJage Development compJies with the conditions of approval. the Council is required to appro\'e the Final The Honorable Mayor and City Council August 2, 1996 Page 5 Map. Flexibility to modify land uses between WCLF and Village Development would be lost. Any change in land use on the Tentative Map would require a SPA amendment. 3. Approve Tentative Map for Only Village One As mentioned above, the City Council could approval the Tentative Map for just Village One and continue the Village Five portion of the Tentative Map to another date. This alternative would allow staff time to review the conditions of approval and analyze the impacts of the potential change in ownership. This alternative would allow flexibility in redesigning Village Five to address WCLF concerns regarding the land use pattern of the village. 4. Approve Tentative Map for Phases lA, lB and 2B This alternative would allow Village Development to start development of both Villages One and Five but preserve the flexibility in Phase 2A to adjust land use and subdivision layout to address WCLF concerns. The resolution of approval could be modified to reflect this limited approval and brought back to Council at the August 20, 1996 meeting for their adoption if this alternative is selected. Reco=endation: Staff reco=ends that the Tentative Map public hearing be continued to August 20, 1996 before the City Council and that the map be returned to the Planning Commission at their August 14, 1996 meeting for a report on the re"ised Tentative Map and potential alternatives. Attachments: Exhibit A= SPA One Ownership Pattern Exhibit B= Potential Tentative Map Conditions Modifications Exhibit C= Potential Tentative Map Conditions Modifications Exhibit D= Tentative Map Land Use Data Exhibit E= Tentative Map Phasing Program c: \ccinfo-7. aoC' jamIi~ka ISN~~ - r"~~ ~ ~ ~l:~\!~ll'l' t!)~ J. i ~ ~i ;; jl ~ ~ > . I ;':;:1 :; b > ~ Q Z W t:) W ...J >- c: <( ::;: ::;: => r.f) UJ r.f) <( I "- ... "," ~ . 0" ~o "' ... 'OJ '" '" J: c. o z w '" '" J: c. I I I I e LL~~o 1:g':::.:x: S -,->- ~... ...- ::>" ,,'" ~ ~=~~ ~ w>- ...~ .,- z" -'" "'~ :gl~:!( - - ~ <t "' " <t '" Z <t >-< "' E-o o z >< " o tI) tI) H :E: o " '" ~.... ::> '" '" ~ >-< E-o tI) <t o u E-o '" "' 3 ci '" '" "' S ::;. ~ o OINI~o~ - = ~:6~~::: ~- ~ _ N '" o........~ '" - "'........... _ m - - - ""!.- - - ~ "' 'I /. ~ .".-<~ .-0-;;; - '. < _1"" 8 ~ C:'1f) ~ \;:"W::;'" ~J' :)~~)~ 1 ~ ~ i~rr. ,__' ",!'oo. ~ -1"'"" ... , " o !Z '" " ,- , ; i \ CO (")'. ci: ~ ~ .. r' / ,:....~_~_' tn \ ":If ...~ \a: \ ci: ~ f"I . ; \ \ ~\~ ~ i '.~ ~ \ ,,~, I ( , ~ ,/ I-'" -~ o,r ~ ~ ::;. ~> \';;'" ~; ,.. : ~ ~ u.. ',0- 'k ,f-> ,,: -- , CO ",-'-'- - , ~~ci:. \.. '., , ~ ci: ,~-" V1 , 0 , ' ) ...._____\.__J., . ' ;0.. ~I:: -'''' - N o oC: w!!! ~~ ~ <u , ~2 < c: ~ ,;, o *~ J~ cc.// / f---iJ ./ /~i I :' ., / Jr---;------.. .:= '!::; ,i' ,'--.";:: /-' -- ---- "- ----------.: , - /( II \, I, l~'"'\ 'L-J cl. -, (_I -. ci " >>~ " :s "' ., " ~ o ~ '" i:\ <t E-o H '" H :< "' EXHIBIT B WCLFNAPCONDnnONS DESIGN (13) Page 2 PedestriaB aesess sholl ee provided eeFweell pllfeels C 4 RIId CPF 7. Said aeeess shall ee indieated Oil the Presise PIIII! fur the Village 5 eere. R12tionale: This condition is deleted because Parcels C-4 and CPF-7 are entirely within the Tiger Development Two awnership. (16) Page 2 & 3 A comprehensiye wall plan indicating color, materials, height and location shall be reviewed and approyed by the Planning Director prior to approval of any final map. Materials and color used shall be compatible and all walls located in comer 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 the cul-de-sacs backing up to Telegraph Canyon Road, East Orange Ayenue 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, BouEjllet C811)'OIl Dfl'/e, Little Lalce Street, Strll'Nberry 1IiI!Iey Read, Melleota Street, PasiBea Colirt, SlIfita DeIBRa l.'tsooe, San Dimas Court, Hanford Court, Rocklin Court, Colton Court, Rincon Point, Santa Inez Avenue, Trayer Court, Vernon Court, Linsay Court, MorgRII Hill Driye, Applegate Street, Dunsmuir Court, Gf'-a:,'SO!l Celffi, Gf'esrffield Ceurt, Liv'.ngstea l....elllie, Hllyferel Drive, Fiddletovffl Drive, Santa Flera Drive, Bull C811)'oa Drive, Buckshot Drive, Bel/ma Street and Cannel Aveaue. View fencing shall be provided at the ends of all other open cul-de-sacs where a sound wall is not required. AIIy 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 shaH 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 v,1th freestanding walls wlllch are six feet in height. A 2-3 foot separation shall be provided between fiee standing and retaining walls where the combined height would otherwise exceed 8.5 feet. Rationale: Streets contained with1l1 Tiger Development Two ownership are deleted. STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS (24) PalZe 4 Install a fully activated traffic signal including interconnect wmng at the following intersections: a) East Palomar Street and Paseo Ranchero b) East Palomar Street and La Media Road (offsite) c) East Palomar Street and East Orange Avenue d) East Orange Ayenue and Paseo Ranchero e) East Orange Avenue and La Media Road (offsite) Insta1I underground improyements, standards and luminaries with construction of street improvements, and install mast arms, signal heads and associated equipment as determined by the City Engineer. Riltionale: It is necessary to designate the two La Media signals as "offsite" improvements. It would not be necessary to delete these improvements because the traffic signals will be needed upon the construction of La Media Road which is not entirely or independently depended upon development of the Tiger Development Two property. (33) Paee 6 Provide the necessary modifications to the 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) Te1egraph Canyon Road at Paseo Ranchero Install underground improyements, standards and luminaries with construction of street improyements, and install mast arms, signal heads and associated equipment as determined by the City Engineer. Rationale: No changes are necessary jor this condition. It is included in this analysis to acknowledge that Item "b" - Telegraph Canyon Road at Gtay Lakes Road, is the intersection leading into La Media and the Tiger Development Two property. However, this improvement is necessary even if Tiger Development Two property is not included in the Tentative Map. iJum 1996'wclfwnd doc 2 GRADING AND DRAINAGE (53) Pa\!e 10 Enter into an agreement with the City, prior to approval of the first final map or grading permit for land draining into the existing Telegraph Canyon Channel, where the deyeloper 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 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. b) Provide for the removal of any siltation attributable to the development for a minimum period of fiye years after maintenance of the channel is assumed by the City of an open space district. Rationale: No changes are necessary to this condition. It is contained in this analysis to acknowledge that it is understood that a portion of the Telegraph Canyon Channel includes land immediately adjacent to Tiger Development Two's ownership. Again, the conditions necessary to protect the channel are required even if Tiger Development Two property is not part of the Tentative Map. (66) Pa\!e 11 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 Ayenue/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. Rationale: No changes necessary. This condition is contained in this analysis in recognition of the fact that the Telegraph Canyon Road/Dtay Lakes Road improvement is immediately adjacent to the Tiger Development Two property. However, this improvement is necessary regardless of the development on Tiger Development Two property. (68) Page] 2 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 e),1ended in the future in conjunction ",>jth the grading for a grade separated intersection at Telegraph Canyon Road/Otay Lakes Road. i. Lrn.j996'wclf=ddo.:: 3 Rationale: No changes are necessary. This condition is referenced because of the proximity of the Tiger Development Two property to the Telegraph Canyon Channel and the Telegraph Canyon Road/Otay Lakes Road intersection. PARKS/OPEN SPACE/WlLDLIFE PRESERVATION (79) Page 14 (f) The 1.7 aere Te-Ni\ 8~are in YilIage Five shall reedve 199% Beigheerhaea J!ark ereElit if eeflStrueteEI eSlIsistellt with the eriteria 6SIItaineEI in the GeBera! DeveleJ!mel!t Plan (part n, ChliJ'ter 4) aHa if impravemellta eaBstruetea witmB the TaWIl S~are reeeive the ai"J!rsva! sf the Diree;ter efParJes lIfIa Reere~eB. Rationale: It is recommended that this condition be deleted because the Village 5 Town Square is solely within the ownership of Tiger Development Two. (81) Palle 15 (c) The two connector trails from Neighborhoods R-24 and R-25 in Village Fiye 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. Rationale: This condition requires further review. Neighborhood R-U is within the Tiger Development Two ownership. Neighborhood R-25 is within Village Development. The reference to Open Space Lot 37 is confusing since 1 have been unable to identify such an open space lot. OPEN SPACE/ASSESSMENTS (83) Palle 17 (2) Medians and parkways along East Orange Ayenue (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 Homeowner's Association. Rationale: No change in this condition recommended It is contained in this analysis because of its reference to La Media Road. However, the referenced "maintenance" is necessary on La Media Road regardless of Tiger Development Two development status. (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 detennined by the City Engineer based on the proportional benefit received from the improvemen:s. This incJudes but is not limited to the cost of 1.k..im 1996 wdfcond doc 4 maintenance and all cost to comply with the Department of Fish and 8une and Corps of Engineers permit requirements. .. Rationale: No changes are necessary. This condition is contained in the analysis because of the reference to Telegraph Canyon Channel. AGREEMENTS/FINANCIAL (101) Page 21 The applicant shall dedicate three (3) acres of buildable land, acceptable to the City of Chula Vista, in ',vitbin either Village One er Village Fiye ef 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 # 1773 7. In addition, said existing agreement, dated December 1, 1994, shall be amended to permit the land dedication within eitflef- Village One" er Village ffle, Rationale: It is recommended that the reference to Village 5 be deleted because it has been the City's desire to locate the three acres of affordable housing land in the first Dtay Ranch vi/lage core. If the Village 5 village core is not now mapped, Village 1 should assure the obligation. MISCELLANEOUS (113) Pae:e 23 The Applicant shall secure approval of a Master Precise Plan for the Village One and Village Fiye Core Areas, prior to submitting any deyelopment proposals for commercial, multi-family and community Purpose Facility areas within SPA One Village Cores. Rationale: No changes are necessary. Hawever, it could be argued that the reference to the Village One village core be deleted from this condition. Hawever, since multi-family development can occur within the Village Development ownership in Village 5 (Neighborhood R-39) and CPF development can occur within the Village Development Village 5 village core (CPF-5), the requirement for a Master Precise Plan remains appropriate. (I] 8) Pae:e 24 Fully accessibJe handicap access shall be provided at the ends of the following cul-de-sacs Artes;a 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, BuJl--Girnyoo-Dri"e,Boc~5oot &fi.v€. Santa Lucia Road, BclIffia Street, Parker Mountain Road, Geyser.ille Street, i'Lm 1996 wdf=nd dx 5 Escalon Court, Sheep Ranch, PeerS6a Springs Driye, Pole Peak Read, Tl:IscaJI Spriflgs {flWe, Meeks Bay Drive, Little LaI,e Street, 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, Jedeiah Road, Kingsburg Avenue and Lassen Park Street. Rotio/1Qle: It is recommended that the Tiger Development Two streets be ckleted from this concfjtion. ),tim J 996 ",,~lS;ond doc 6 Exhibit "C" Potential Tentative Map Conditions Modifications (Bridge location connecting Village 5 to Village 6 would no longer be in Village Developments ownership) 28. Enter into an agreement with the City, prior to approval of the first final map, where the developer agrees to the following: c. Fund half of the cost of construction of the two pedestrian bridges connecting Villages One to Village Two and Village Five to Village Six. The developer shall also identifY the financing mechanism to be used to fund said cost. (Bridge location between Village One and Village Five would no longer be in Village Developments ownership) 30. Guarantee the construction ofthe 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 deyeloper shall be solely responsible for the construction of said bridge. 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 ofthe final map that requires construction of La Media Road between East Palomar Street and East Orange Avenue. (This condition allows the City ample time to condemn for off site improvements) 96. 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 andlor 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, (This obligation should be met solely in Village I) 102, Prior to approval of the first fina1 map (mc1uding any superblock, or financial final map) 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: 1) 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; 2.) identifY the overall number of dwelling units within the Master Tentatiye 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); 3,) the number of dwelling units within the master tentative map area which can receiye building permit authorizations prior to the applicant obtaining building permits for a specified number of the required low income units; and 4.) a description of what infonnation 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, ~ ~ ~ ~ 0. ~ :;;: ~ .:: ~ ~ ~ " ~ Q " ~ 0:: >, ~ ~ o ~~1S~ ~~~: E:~ 0 e: z 1S !9~~~ ~ .. 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"' > z " L1J e '" a: t? w Ie L1J " ~ ~ " N ~ -' => " ., '" >- a: <( ::;; ::;; ~ (j) L1J (j) <( J: a. ....", " . ~::> 00 ~ I~I~I~:;: ii I~~I:;:: ;; I ~. ~ ON...,O...... '" (t>"""'N_. ,... NO""_NIl'J ~ :3 ,> -.... ~:i =>< "'.. "- "';; z'" w~ ill! " :~ ~.. 'it \u .. , t ( --.J-- -- ~ i' '..ci:\.. ....', , ~ _/ E ~. ~~;;: 3 ~ ~ - &t:~'::;: ~ -- -.: M w> ~ ~ ~:e -< "'.. ~!J~ ;:;. SN.,,,,, ~ ~ ....,,;:;:: . N ~ - w '" 5 0: I In.~ ~!- .. 01 ~' "I >' ~ v, =e '" o ~ I~ < ~ ~ . ~ . ~I_ N . :. w a -' VI 1.:11 ~ <( ~~! ~ 2 ~ , ), , "- o 0'" "'''' "'~ -<u ~~ " '" , , I \ , , I I \ ! _ --,----.j ,'- -' .~ ~ .J:::,'" ;L..J -I' L,. I=' , w '" % ~ o >- '" -< w , -/ "' . E-< H '" H ::I: >< "' EXHIB\T C . City Council Workshop Item: 6.C.3. Meeting Date: April 30.1996 ITEM: SPA One Plan ISSUES: 1. Should SPA One be required to provide yehicular access ITom the proposed roadway aligned with S1. Claire Drive to the EastLake Parcel? Should the access be one-way or two-way? Should SPA One be required to dedicate and improve that access? 2. 3. BACKGROUND/DISCUSSION: EastLake Deyelopment acquired the subject parcel ITom the Baldwin Company in a land swap (See Exhibit A). The City told EastLake at that time that the parcel would be limited to right in and right out turning movements ITom Otay Lakes Road. The site is designated on the General Plan as commercial office and is anticipated to have approximately 19 usable acres after grading and reduction due to future ITeeway construction. EastLake has requested that the City consider providing access to the site ITom the road that will line up with S1. Claire Drive. EastLake presented a proposal which staff analyzed and found that the proposal did not meet traffic and safety criteria (See Exhibit B). Staff has taken a preliminary look at two other alternatiyes which would pro\~de access to the site. 1. Single direction providing onJy egress ITom the EastLake site for westbound trips (See Exhibit C). 2. Two way access (provides ingress to the EastLake site for trips originating ITom east of the site and egress ITom the site for westbound trips (See Exhibit D) APPLICANT'S PROPOSAL: Develop the site as proposed for SPA One which does not provide access to the EastLake parce1. OTHER POSmONS: EastLake Development believes that SPA One should be required to pro\~de full access ITom the street aligning with 51. Claire Drive to the EastLake parcel including the requirement to construct the improvements to the subdivision boundary. PUBLIC WORKS POSITION SPA One is contributing a significant amount of traffic to the segment of Otay Lakes Road between S1. Claire Drive and the signal just west of Eastlake Parkway. Trips out of the EastLake parcel attempting to travel west on Otay Lakes Road would be required to turn right and travel easterly to the first location available to make a u-turn without access to a traffic signal. The estimated number of trips generated by the EastLake site is 5.700 Of that amount it is estimated that half or 2850 additional trips will desire to travel to the west to that segment of Otay Lakes Road Public Works believes that the traffic from SPA One is such that there m3" be potential conflicts between SPA One traffic and traffic exiting the EastL3ke lnan~lc (!o..: parcel. Speed of trayel on the roadway and the limited distance between the access points makes the potential for conflicting weaving moyements undesirable. . The on!y other alternative to prevent the out of direction travel from the EastLake parcel, which compounds the problems on Otay Lakes Road caused by SPA One traffic, wouJd be to allow an additional full access with a signal for the EastLake parcel on Otay Lakes Road. This wouJd cause seyere disruption to the traffic flow, which, as indicated, is exacerbated by the additional traffic from SP A one, and wouJd not be pennitted. Such a signal would seyere1y impact the segment's operation with the potential for creating a situation where the Traffic Threshold Standards couJd be violated because of the additional delay from another signal in this short segment. As mitigation for the significant impact attributable to SPA One on Otay Lakes Road and to limit potential weaving conflicts, Public Works believes that providing one way access to the EastLake Parcel through an easement wouJd lessen the impacts to Otay Lakes Road from SPA One traffic and should be required. The Public Works Department believes that on!y an easement should be required becausethat is in keeping with the level of traffic impact SPA One has on Otay Lakes Road. The area wouJd need to be graded with the adjacent development to assure that the roadway could be constructed by EastLake in the future. STAFF RECOMl\ffiNDATION: Require a 20 foot wide easement to provide access to the EastLake parcel for egress on!y. Place a condition of approval on the tentative map rquiring the easement if the tentative map is not changed by the applicant to reflect such an easement. POLICY COMMITTEE RECOMl\ffiNDATION: Have the two developers work toward an acceptable solution. ALTERNATIVES: 1. Do not require access to be provided to the EastLake parcel. 2. Require full access to the EastLake parcel (two directional). PLANI'I'1NG COMMISSION RECOMMENDATION: Continue to Tentative Map hearing. t;-la;~~k dl'c r\J~" :: ".., mo< "" ""m... .' 'sl( .. ~ ~ cO ,," "'" ,,~, . I .' : 1".".1""':5.~ r ~ ~ >3 "'VI'- <~\ ~ " '" 1; ~v f( ~ ~ 1-- 1\ ^ ':. ':1 I I'\.j , . j("'\....! c.::> ~y' - ~~~0 N~II ~~ ; V;..""JJl'~iE~1~ ',.. / ( (/(( A ::::f \')): K. J YiII, . )'~ ~:J ~.. ( ~~ 11 . ~ I 9'r~-::: .p'./~ ~ t ,\ \\\ 0- '~/. -.. ~ '\. . . ." 0:: ,., I) 'J' .f& ,~~\ '- f/ .....\ ~~ _ \: /"~~ . 'I. ... ~. .. . , > A' \7 J \.... ~ \~~' '. ~ 8- .. ~ \>. . /' ~ ~ ,~,... .l'\: '/ "~~~. ~" - ~\~ t-t- , I ~ '" ~'/W '~~ '\' \ ~J.--~ . ~ ~ .~ \'/'/ ,,/,y' ..-:' '- ~~ ~")j ,,"" · 'M,>..";'f ~~~ ~~~- · " " 1\\ \ ",.' 6;;/,~, ~-l~" ... ~~ }~~11\ !~m-~ 3\\.\' ~-:;; ::;..-:. /,.... S"~" I\t:~ .~~~' "-...''''u ~(-------.:::: "' ,... '~ ." :?-~tl ,: 'f'~"'\" Er~~~ -\~ ,."""'VC~ ' ." '. ~ 0 \ ~ :::;?... ~. '!i I;' , '.u ~IL --::::: ~... , ~ I' , . ; ~~~ -; ~s.~jF, : :. ~.~.~ i~~ r . --- ~ 'l[ ~1:Vi +- "~~~" ,0: H (~-'1 1" , " V ~ _,,// y >~. C~ ~ 0 ~~" .. ~.:~ '\(('1 \.>IV . /-1 , I 'II . ~ ~ ,,\\ ,\ ~ '1', ?', ' .w: 1 , ' ,/', :::""_,.. ~ ~ . ~/ X' '" . : .:-- __ . ' . . \, ~ A. 'II - ..... n: , ;:;~<' .. . I" Yf ~I~.. , , '. '" , ((j' ,;(~"" ,..... - . ~ . . " , 0 ", ..~ jJI" A.", e':::--~"... .. , ~ \, \ " '. : :/ -+---' ..... - .. - U -. . ~~~: ~.~ ~,\i. \ '1~V.')1'/ ..,/ ...~~" . " :'\'\.' '\ ", <I'''~ /;::~!,..-1 ,"'/ '"' ~ .~ /if''' ". ~.' y ~ · ~----+-- ~ ~~~ ~': ~ ", . ,'.>,.~:.. ~/); ,~. / ~ ~~ ~ ,\~, ,,- . :--',,( ~i 1/ // ~~~ / 0~ ~-> "\.\;'o!: I r, / y ~~~I1(r, -,\ "~,)~.":::~1ii : · 1J) 1,(:1774// jifty", \ 0"'-:)., ~,'" . ~~ ~I"-~ <- 1 zv" \ -,.,,, 0 S~ M-:k \ .""- . , " ~..>01' J. . ~l'''':'''':\\\~~ "'--....J~ill~~~~\\\\~~_t"~. /~~ <i ..J -....:: A.: ~ \~t\t. I '\ P , I " ....,~ '..0 __~ '. 3.3'1 . \ .........- . ~ ""Nil H)":"V~ 11 1 13.HS , EX~\B\T A Cint,.i 61922:55108 P.02 E~STL~KE Pl'--.oPosAL E){~ It>\T e '. , ) \.... . .,l.-/", - . -1-L-Y" ~\ ~,. ..' -. (~J__' ,__l '\ \ . ~ 0 ------ '"n-nl r-Tl r\,t+.f'r-~~~ 0:. -I > . ' 'JjJ' .' -~-r\'1~0n "\: ,""/, _ --rn \ n . \ \ D ' ( ~ .... ~\ . . \ \ '\ \ \ \--L--L' J_.. / \ i \\ \ ~,J--L--- -..- - .J, \ \ I \-1-1- ". -- tntl \ \ -:-" . ~..-- ~;Vi5~ td-lf ___ L\-- . ... 3 ID+S__~- \ ~ -- -- ---- ',' ~ \ \ _,-_Y . ~. "--... I r-l-~~ \ L_L~-~ "-'\ \-" () -----.. : l --0 '\ /" '.. ~ ~ ~ ~I /h~- \ ( \ . "A $~ .~ ~ " --~ ~l. W :_U," X,< /'A 4()) h /) \\1"\ \ \ \ \~ "V/ ~/( I j. U. UUJ:h-~U_-: /=~i --'" ~ t;v~7 I lj ~ 7 ___ - v-^_____ ------- \ ~\ c- \ , \ \ \ \\ .. I. , \' " , " \ \\ , 1 ...,J ~\ , --" R ,:.--- , . >..: '\I -u' ----.. ~~11 \ " - \ fi'., ~ \0 11) , ~ , \, ., \ . ,,' , $ ,,\ ' ~ "'\, I . \~\ I , "\ \ ~111 ~~, - - -'" - , ~ \. \ ><: . ..... \U , ~ \ \ \ \ ":I; " 1\ '., \ \ \ , ',\ , t""I N , ,'--' ~"\ fill '3L" : ~. i -\. \ C) i \ \ ' \ o!) \ ~ \ ,~ \ .~ \ \ \ I ,\ \ '\' \ ~~ \ \ \ 0 \ I 70 ',t\.0\...... , \ \~. I I \ \ ' . \~~; \\ .~, ! ~'~ '"' ~ \ . >(, \ IU ' I \ \ ", \ \ ~ .~\II\, \ ~ \ I I i \ ~i \ \ ~ , . \ \ \ , \ , \ , . , \ ~:.--- ,R. ~---.. , '. --, ~ --- . - , ' " ...;:, 1\ ~\ '\ . , \ \\ \ \ . \ , \, , ,\ " '" \ \ .\ Ii ,II \ " \' ;\ '. , ',\ O'\,~\' 4 s 0,' ---- -, ATTACHMENT 1 VILLAGE DEVELOPMENT RESOLUTION NO. PCS 96-04 RESOLUTION OF TIIE PLANNING COMMISSION OF TIIE CITY OF CHULA VISTA RECOMMENDING THAT TIIE CITY COUNCIL APPROVE TIIE TENTATIVE SUBDMSION MAP FOR OT A Y RANCH SPA ONE, CHULA VISTA TRACT 96-04 WHEREAS, the property which is the subject matter of this resolution is identified and described on Chula Vista Tract 96-04 and is commonly known as Otay Ranch SPA One ("Property"), and; WHEREAS, Village Development filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as Otay Ranch SPA One, Chula Vista Tract 96-04, with the Planning Department of the City of Chula Vista on December 6, 1995 ("Project"), and; WHEREAS, an application for a revised tentative subdivision map was filed August 12, 1996, and; WHEREAS, said revised tentative subdivision map application requests the approval for the subdivision of approximately 822 acres located south of Telegraph Canyon Road between Paseo Ranchero and the future alignment ofSR-125 into 3,729 residential units, one lO-acre school site and one proposed for the area west of Pas eo Ranchero, 26.5 acres of neighborhood parks and 18.5 acres of community purpose facility lots, and; WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Plan ("SPA Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286 ("SPA Plan Resolution'.') wherein the City Council, in the environmental evaluation of said SPA Plan, relied in part on the Otay Ranch Sectional Planning Area (SPA) Plan Final Environmental Impact Report No. 95-01, SCH #95021012 ("FEIR 95-01"), and; WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under Program EIR 90-01, FEIR 95-01 and the addendum thereto, that is virtually identical in all relevant respects, including lot size, lot numbers, lot configurations, transportation corridors, etc., to the project descriptions in said former environmental evaluations, and; WHEREAS, the City Environmental Review Coordinator has reviewed the proposed revised tentative map and determined that it is in substantial conformance with the SPA Plan and the related environmental documents as described in the Addendum for the revised tentative map, therefore, no addional environmental review is necessary, and; WHEREAS, the Planning Director set the time and place for a hearing on the tentative map and notice of said hearing, together with its purpose, was given by its publication in a newspaper of Planning Commission SPA One Tentative Map Page 2 general circulation in the City and its mailing to property owners and tenants within 1,000 feet of the exterior boundaries of the property at least 10 days prior to the hearing, and; WHEREAS, the Planning Commission has previously considered EIR 95-01 and the proposed revised tentatiye map is consistent with the project described therein and creates no additional environmental impacts requiring additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED THAT TI!E PLANNING COMMISSION hereby recommends that the City Council adopt the attached draft City Council Resolution recertifying EIR 95-01 and approving the revised tentative subdivision map for Chula Vista Tract 96-04 in accordance with the findings and subject to the conditions contained therein. BE IT FURTI!ER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY TI!E PLANNING COMMISSION OF TI!E CITY OF CHULA VISTA, CALIFORNIA., this 14th day of August, 1996 by the following yote: YES: NOES: ABSENT: Frank Tarantino Chainnan ATTEST: Nancy Ripley Secretary c:'~'d#] ,doc RESOLUTION NO. RESOLUTION OF TIffi CITY COUNCIL OF TIffi CITY OF CHULA VISTA APPROVING TIffi TENTATIVE SUBDIVISION MAP FOR OTAY RANCH SPA ONE, CHULA VISTA TRACT 96-04, AND MAKING TIffi NECESSARY FINDINGS, RECERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT FEIR 95-01 (SCH #95021012) AND READOPTING TIffi STATEMENT OF OVERRIDING CONSIDERATIONS AND TIffi MITIGATION MONITORING AND REPORTING PROGRAM FOR TIffi FEIR WHEREAS, the property which is the subject matter of this resolution is identified and described on Chula Vista Tract 96-04 and is commonly known as Otay Ranch Sectional Planning Area (SPA) One ("Property"), and; WHEREAS, Village Development filed a duly yerified application for the subdivision of the Property in the fonn of the tentatiye subdivision map known as Otay Ranch SPA One, Chula Vista Tract 96-04, with the Planning Department of the City of Chula Vista on December 6, 1995 ("Project"), and; WHEREAS, Village Development filed an application for a revised tentatiye subdivision map on August 12, 1996, and; WHEREAS, said application requested the approval for the subdivision of approximately 822 acres located south of Telegraph Canyon Road between Paseo Ranchero and Otay lakes Road into 3,729 residential units, 235 ac. of open space, a proposed for the area west of Pas eo Ranchero, 26.5 acres of neighborhood parks and 18.5 acres of community purpose facility lots, and; WHEREAS, the development of the Property has been the subject matter of a General Development Plan ("GDP") previously approyed by the City Council on October 28, 1993 by Resolution No. 17298 and as amended on May 14, 1996 by Resolution No. 18285 ("GDP Resolution") wherein the City Counci~ in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Deyelopment Plan, Environmental Impact Report No. 90-01, SCH #89010154 ("Program EIR 90-01"), and; WHEREAS, the deyelopment of the Property has been the subject matter of a Sectional Planning Area Plan ("SPA Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286 ("SPA Plan Resolution") wherein the City Council, in the environmental evaluation of said SPA Plan, relied in part on the Otay Ranch SPA Plan Final Environmental Impact Report No. 95-01, SCH #95021012 ("FEIR 95-01"), and; WHEREAS, this Project is a subsequent activity in the program of deyelopment environmentally evaluated under Program EIR 90-OJ, FEIR 95-01, and addendum thereto, that is Resolution No. Page 2 virtually identical in all relevant respects, including lot size, lot numbers, lot configurations, transportation conidors, etc., to the project descriptions in said former environmental evaluations, and; WHEREAS, the City Environmental Review Coordinator has reviewed the proposed Tentative Map and determined that it is in substantial conformance with the SPA Plan and the related environmental documents therefore, no new environmental documents are necessary, and; WHEREAS, the Planning Commission held an advertised public hearing on said project on July 10, 1996 and recertified FEIR 95-01, yoted to recommend that the City Council approve the Tentatiye Map in accordance with the findings and conditions listed below and readopted the Statement of Oyeniding Considerations and the Mitigation Monitoring and Reporting Program, and; WHEREAS, the City Council set the time and place for a hearing on said tentative subdivision map application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 1,000 feet of the exterior boundaries of the property at least ten days prior to the hearing, and; WHEREAS, the hearing was held at the time and place as adyertised on August 6, 1996 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, TIIEREFORE, TIIE CITY COUNCIL finds, determines and resolves as follows: SECTION 1. CEQA Finding re Previously Examined Effects The City Council hereby finds that the Project, as a later activity to that evaluated in the Program EIR 90-01, FEIR 95-01, and addendum thereto, would have no new effects that were not examined in the preceding Program EIR 90-01 and FEIR 95-01 (Guideline 15168 (c)(1)), and; SECTION 2. CEQA Finding re Project within Scope of Prior Program EIR The City Council hereby finds that: 1. there were no changes in the project ITom the Program EIR and the FEIR which would require revisions of said reports; 2. no substantial changes have occurred with respect to the circumstances under which the project is undertaken since the previous reports; 3. and no new information of substantial importance to the project has become available since the issuance and approval of the prior reports; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the Program EIR and FEIR., and, therefore, no new environmental documents are required (Guideline 15168 (c)(2)), and; c\ccvd#J.doc Resolution No. Page 3 SECTION 3. Incorporation of All Feasible Mitigation Measures and Alternatives The City does hereby adopt and incorporate herein as conditions for all approyals herein granted all applicable mitigation measures and alternatives, if any, which it has detennined, by the findings made in the GDP Resolution and the SPA Resolution, to be feasible in the approval of the General Development Plan and the SPA Plan, respectively, and; SECTION 4. Notice with Later Activities The City Council does hereby give notice, to the extent required by law, that this Project is an activity within the scope of the program approved earlier in the GDP Resolution and the SPA Plan Resolution, and the Final EIR adequately describes the activity for the purposes ofCEQA (Guideline 15168 (e)). SECTION 5. General Plan Findings--Conformance to the General Plan Pursuant to Government Code Section 66473.5 in the Subdivision Map Act, the tentatiye subdivision map as conditioned herein for Otay Ranch SPA One, Chula Vista Tract 96-04, is in confonnance with all the various elements ofthe City's General Plan, the Otay Ranch General Development Plan and Sectional Planning Area Plan based on the following: a. Land Use - The Project is a planned community which provides a variety ofland uses and residential densities ranging between 3.5 and 36.8 dwelling units per acre. The project is also consistent with General Plan policies related to grading and landforms. b. Circulation - All of the on-site and off-site public and private streets required to serve the subdivision consist of Circulation Element roads and local streets in locations required by said Element. The Applicant shall construct those facilities in accordance with City standards or pay in-lieu fees in accordance with the Transportation Deyelopment Impact Fee program. c. Housing - The Applicant is required to enter into an agreement with the City to provide and implement a low and moderate income program within the Project prior to the approval of any Final Map for the Project. d. Parks and Recreation - The Project will provide a 25 acre (gross) community park, 26.5 acres (gross) of neighborhood parks and the payment of PAD fees or additional improvements as approved by the Director of Parks and Recreation. In addition, a recreational trail system will be provided throughout the Project, ultimately connecting with other open space areas and trail systems in the region. e. Conservation and Open Space - The Project provides 235 acres of open space, 21.2% of the total 1,110 acres. A program to preserve 83% ofsJopes greater than 25% has been established ranch-wide and is detailed in the recirculated FEIR 95-01. c\::c"d#1.doc Resolution No. Page 4 f Seismic Safety - No seismic faults have been identified in the vicinity of the Project. g. Public Safety - All public and priyate facilities are expected to be reachable within the threshold response times for fire and police seIVices. h. Public Facilities - The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improyement requirements to provide terminal water storage for this Project as well as other major project in the eastern territories. I. Noise - The Project will include noise attenuation walls as required by an acoustic study dated June 6, 1995 prepared for the Project. In addition, all units are required to meet the standards of the UBC with regard to acceptable interior noise levels. J. Scenic Highway - The roadway design provides wide landscaped buffers along the two scenic highways, Telegraph Canyon Road and East Orange Ayenue (Olympic Parkway). k. Bicycle Routes - Bicycle paths are provided throughout the Project. 1. Public Buildings - The Project provides three elementary school sites and one high school site to serve the area. One elementary school site and the high school site will be off-site of the project. The project will also be subject to Public Facilities Development Impact Fees. SECTION 6. Subdivision Map Act Findings a. Balance of Housing Needs and Public SeIVice Needs. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. The development will provide for a variety of housing types rrom single family detached homes to attached single-family and multiple-family housing and will provide low and moderate priced housing consistent with regional goals. b. Opportunities for Natural Heating and Cooling Incorporated. The configuration, orientation and topography of the site partially allows for the optimum siting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. c:\ccvd;;l.doc Resolution No. Page 5 c. Finding Suitability for Residential Development. The site is physically suitable for residential development and the proposal confonns to all standards established by the City for such projects. d. The conditions herein imposed on the grant of pennit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. SECTION 7. Conditional Approval ofTentative Subdivision Map The City Council does hereby approve, subject to the following conditions, as Exhibit A attached hereto the tentatiye subdivision map for Otay Ranch SPA One, Chula Vista Tract 96- 04. SECTION 8. CEQAFindings a. Re-adoption of Findings The Council does hereby re-approve, accept as its own and re-incorporate, as if set forth full herein, and make each and eyery one of the CEQ A Findings attached hereto as Exhibit - b. Certain Mitigation Measures Feasible and Re-adopted As more fully identified and set forth in the Program EIR and the FEIR and in the CEQA Findings for this Project, which is hereby attached hereto as Exhibit ---' the Council hereby finds that, pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, the mitigation measures described in the above referenced documents are feasible and will become binding upon the appropriate entity such as the Applicant, the City or other special districts which has to implement these specific mitigation measures. c. Feasibility of Alternatives AfJ is also noted in the environmental documents referenced in the immediately preceding paragraph, alternatives to the Project, which were identified as potentially feasible, are hereby found not to be feasible. d. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081.6, City Council hereby re- adopts the Mitigation Monitoring and Reporting Program ("Program") set forth as Exhibit to this resolution and incorporated herein by reference as set forth in full The City Council finds that the Program is designed to ensure that, during the Project c:\ccvd#l.doc Resolution No. Page 6 implementation and operation, the Applicant and other responsible parties implement the Project components and comply with the feasible mitigation measures identified in the Findings and in the Program. e. Statement of Overriding Considerations Even after the re-adoption of all feasible mitigation measures, certain significant or potentially significant environmental affects caused by the Project or cumulatively will remain. Therefore, the City Council of the City of Chula Vista re-issues, pursuant to CEQA Guidelines Section 15093, as set forth and attached hereto, a Statement of Overriding Considerations identifYing the specific economic, social and other considerations that render the unayoidable significant adyerse environmental effects still significant but acceptable. SECTION 9. Notice ofDeterrnination City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. Presented by: Approved as to fonn by: Gerald 1. J amriska Special Planning Projects Manager Ann Moore Interim City Attorney Attachments: Exhibit: A C:'I(:I,."vdtt} ,doc Resolution No. Page 7 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this August 20, 1996, by the following yote: YEs: NOES: ABSENT: Shirley Horton, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, Beverly A Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a City Council meeting held on the 20th day of August, 1996. Executed this 20th day of August, 1996. Beverly A. Authelet, City Clerk c:\ccvd:;r}.cloc ATTACHMENT lEXHffilTA TENTATIVE MAP - OTAY RANCH VILLAGES 1 & 5 EXCLUDING 288 ACRES LOCA TED IN A PORTION OF VILLAGE ONE AND FIVE CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a). the conditions and Code requirements set forth below shall be completed prior to the related final map as determined by the Director of Planning, Parks and Recreation and the City Engineer; (b). unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. GENERALlPRELIMINARY 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 approyal 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 representatiyes of the Deyeloper 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 oyer time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to reyoke or modify all approyals herein granted including issuance of building permits, deny, or further condition the subsequent approyals that are deriyed 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 aboye 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 Environmenta11mpact 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. PC814CN1. DOCCCT!1CON .DOC 1-1- 7. The terms, conditions and time limits associated with this tentative map shall be consistent with the Deyelopment Agreement approved by Ordinance # 2679 by the City Council on July 16, 1996. ENVIRONMENTAL 8. The applicant shall implement all applicable mitigation measures identified in EIR 95-0 I, the CEQA Findings of Fact for this Project (Exhibit *) and the Mitigation Monitoring and Reporting Program (Exhibit *). 9. The applicant shall comply with all applicable requirements of the Phase 2 Resource Management Plan (RMP) as approyed by the City Council on June 4, 1996. 10. Prior to approyal of any final map, the appropriate in lieu fee for conyeyance of land shall be adopted by the City Council. II. 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 12. 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. 13-....--....-..Pedestrian-access-shaH..be--provided.between--P-arcels-C-4--aoo.CPF-7, --Said-aooess--shaH--be indieated-Qfl-the-Frecise-.PJan-fer..the-ViU-age--S-Core, 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. IS _ In addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each ISO square feet of slope area, one I-gallon or larger size shrub per each 100 square feet of slope area, and appropriate ground cover. 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 approyal 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 map_ Materials and PCB14CN1_ DOCCCT!1CON. DOC ~~ color used shall be compatible and all walls located in comer 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 yiew 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 Ayenue, Porterville Ct., Firebaugh Ct., Street C4, Bouquet Canyon Drive, Little Lake...Stfeet;...S-tTawbeFl)'...yaUey...R~ad;...Mend~ta...S-tr-eet;...Paeinva...Ct,.;...S-anta..Delfina..Ave., San Dimas Ct., Hanford Ct., Rocklin Ct., Colton Ct., Rincon Point, Santa Inez Ave., Traver Ct., Vernon Ct., Lindsay St.,......Morgan..HiU...Dr., Applegate St.and; Dunsmuir Ct., GTays~n...CL; Greenfield Ct., Livingston I.ve., Hayford Dr., FiddletowH Dr., Santa Flora Dr., Bull Cyn. Dr., BuckshotDr,.;..Belena.S-L..and.CiiffI1el.Ave. View fencing shall be provided at the ends of all other open cul-de-sacs where a sound wall is not required. Any combination rree 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 rree standing walls. Said detail shall be reviewed and approyed by the Director of Planning prior to the approyal of the first final map. The maximum height of all retaining walls shall be 2.5 feet in height when combined with rreestanding walls which are six feet in height. A 2-3 foot separation shall be provided between rree 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 Deyelopment 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 minimum of thirty percent of all 55 x 105 feet lots 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. 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 PC814CN1.DOC':'CTI1CCl'J DOC l.'!c 22. Secure in accordance with Section 18.16.220 of the Municipal Code, the construction and/or construct full street improyements 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 confonn 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 approyed herein. Exhibit A indicates the relationship between the Otay Ranch SPA One roadway designations and the approyed City designations in the Circulation Element of the General Plan for purposes of determining the appropriate design standards for all street within SPA One. Should the City Engineer deem that the construction of sidewalks along the off site portions of East Orange Avenue and East Palomar Street west of Paseo Ranchero not be necessary to provide service to the subject subdivision, their construction may be delayed. Jf d~_em~ nece~sary by the (ity E.ngjn~~J.h!<JteYe)Qp-~~l!1Lw:ovide a CYlc.@-=.~.<t~L(DJbJ,~~sterly end of Morgan Hill Drive. Carmel Avenue and Santa Lucia Road: and (2) the westerly end of Bouquet Canyon Drive. The City Engineer may approye the installation of temporary turnaround as an alternative to a pennanent cul-de-sac should conditions. at the time of development. warrant such facjJiJy. Th~eyeloPJL~all also d~QiJ:ate on tlJ.LaP-PI.QPB~te 1iniJ,'-lllilJLtlJJ;__right-of-W1!Y~q\J.ired_1Q extend said streets to the subdivision boundary. 23. 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 on the appropriate final map or earlier, by separate instrument, if the SR-125 fi-eeway goes forward and conveyance of the right-of-way is required by the City. Include the maintenance of said lot in an open space district until transferred to the State of California or its designee. 24. Install a fully activated traffic signal including interconnect wiring at the following intersections: 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 A yenue and La Media Road 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 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. PC814CN1. DOCCCTt'CON. DOC .1.-'t- 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 rrom the revised list of appropriate tree species described in the Village Design Plan which shall be approyed by the Directors of Planning, Parks and Recreation and Public Works. The applicant shall provide root 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 rrom each individual lot to the adjacent parkway. The improyement plans, including final selection of street trees, for the street parkways shall be approyed 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 map, where 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 prepared in 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 district to finance the Light Rail Transit. c. Fund half its fair share of the cost of construction of the two pedestrian bridges connecting Villages One to Village Two and Village Five to Village Six as determined 9Y the City Enl?ineer based on the grQP-ortionate benefit received rrom the improvements. The developer shall also identi1)r the financing mechanism to be used to fund said cost. 29. Grant in fee to the City the right-of-way for the Light Rail Transit as indicated on the approyed 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 ofthe 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 seIeIy responsible for the construction of said bridgen_iimLm~Y___.~.~.k:o._:wi1!LJh.~ concurrence of the City, repayment rrom 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 Jaw, ; City PCSH CNI . DOCCCTf1CCN . DOC ~'!o ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. 32. Prior to approval of any final map proposing to construct Santa Madera Avenue between Telegraph Canyon Road and Morgan Hill Driye ("Temporary Roadway"), the deyeloper shall accomplish the following: a. Obtain all penmts and agreements with the environmental regulatOI)' agencies required to construct the "Temporary Roadway". b. Obtain a construction penmt !Tom the City approving the necessaI)' 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 with the City where the developer agrees to: 1. Perform the following: a. Restore the median improvements and remoye the traffic signal as directed by the City Engineer to provide only ri~t-in/right-out access at said intersection. This work shall be performed at such time as La M~Qia Road b~een Telegri\l,1n Canyon RO.<.ld and East P<JJ.9JTI.,!LSJreet is opened for public use. -t\). Remoye to the satisfaction of the City Engineer the remall1mg "Temporary Roadway" improvements ana the modifications to the exi5ting..impfovement5..in..Telegraph.oo-Canyon.ooRoad.oo 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. 2. Restore the Telegraph Canyon Road improyements 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. 1nstalJ 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 Ayenue is opened for public use. 4. Provide a Notice in the 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. PC814CNloo DOCCCTf1COII. Dec Q~ 5. Provide bonds in the amount determined by the City Engineer to guarantee the [gRowing: . a. Restoration of the median improvements and removal of the traffic signal required to provide onlv right-in/right-out access at said jntersection. Said bonds shall be provided prior to apI1roval of the final map requiring the construction of La Media Road between Telegraph Canvon Road and East Palomar Street. ______.1:L_fB,emoval of the remainingJemporary improyements requiL~d to c)g~~ 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 approyal of the final map for Phase..? Village One Core or any unit thereof. 6. Provide for all costs associated with the vacation of the "Temporary Roadway" 33. Provide the necessary modifications to the 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 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 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, prior to the approval of a final map for Phase.?the Village One Core or any unit thereof, the construction of a pennanent public road connecting Filmore Street in Village One to East Orange Avenue as depicted on the Tentative Map. This road shall haye 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 !Tom property line to garage and 2) sectional roll- up type garage doors at all properties !Tonting on streets where cul-de-sacs are 150 feet or less in PC814CN1.DOCCCTr1COII.DOC 2'<- length except as provided 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 pennit for installation of the priyate 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 priyate facilities owned by the developer wheneyer work is performed in the area. The terms of this agreement shall be binding upon the successors and assigns of the deyeloper. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities transverse public streets. 38. Grant on the final 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 improyements 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 map containing the paseo between Neighborhoods R-8 and R-9 a 60-wide easement for street right -of-way and other public purposes. The paseo 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. PCB14CNl. DOCCCTIICOJI. DOC 8:l- 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 approyed 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 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 Fiye which indicates materials, height, location, etc. Said design plan shall be reyiewed and approyed by the Planning Director prior to approval of the final map that requires construction of La Media Road between East Palomar Street and East Orange Avenue. 43. Requested General Waiyers 1, 2 and 3 and Specific Waiver 3, as indicated on the coyer sheet of the tentative map, are hereby approved. Specific Waivers I 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 map. The developer shall submit striping, signage and landscape plans for all traffic circles indicated on the tentative map. In the eyent the traffic circles are not approved, some type of altematiye 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 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. GRADING AND DRAINAGE 46. Provide a setback. as approved bv the City Engineer between the property lines of the proposed lots and the top or toe of any slope to be constructed at those locations where the I2[QI2Q~.~g.N.(\Qi!)&.~.gj9j.!1.H!!lQ~.Y.~J.QP'~Q.P.m.P.~IW.QrJ)m.p_~!:!y..QWrL~Q.J2y-'Q11W[~" The develoDer shall S~ubmit notarized letters of permission to grade for all off-site grading 47. Submit a list of proposed lots indicating whether the structure will be located on fill, cut or a transition between the two situations unless otherwise approved by the City Engineer. PCB14CN1.DOCCC':'t1CCU.DOC 2.~ 48. Comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. 49. Provide runoff detention basins or any other facility approved by the City Engineer to reduce the quantity of runoff ITom the development to an amount equal to or less than the present 100-year ITequency runoff. 50. Provide "as built" improvement and storm drain plans in DXF file format to the satisfaction of the City Engineer. 51. Grant on the appropriate final map a 15 feet minimum drainage and access easement for stormdrain lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. 52. Prior to approval of (1) the first final map or grading permit for land draining into the Poggi Canyon or (2) the first final 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, as follows: 1. Runoff detentionldesilting basin and naturalized channel in Poggi Canyon; or 2. Runoff detention Basin in Telegraph Canyon Channel The deyeloper 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. 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. PC814CN1.DOCCCTt1CON.DOC 1Q~ 2. Provide for the removal of siltation in the Telegraph and Poggi Canyon Channels (including detention basins) until all upstream grading within the deyelopment 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 offive years after mamtenance of the facility is assumed by the City or an open space district. 53. Enter into an agreement with the City, prior to approval of the first final 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 fj-om Paseo Ladera to the eastern subdivision boundary: a. Provide for the remoyal of siltation until all upstream grading within the deyelopment is completed and erosion protection planting is adequately established as determined 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 mamtenance of the channel is assumed by the City or an open space district. 54. Ensure that brow channels and ditches emanating fj-om and/or running through City Open Space are not routed through private property and vice versa. 55. Provide a graded access (12 feet minimum width) and access easements as required by the City Engineer to all public stonn drain structures including inlet and outlet structures. Improyed access as determined by the City Engineer shall be provided to public drainage structures located in the rear yard of any residential lot. 56. Provide a protectiye fencing system around (J) the proposed detention basins at Telegraph Canyon and Poggi Canyon, and (2) inlets and outlets of stonn drain structures, as directed by the City Engineer. The final design and types of construction materials shall be subject to approyal of the Director of Planning and City Engineer. 57. Designate all drainage facilities draining private property to the point of connection with public facilities as private. 58. 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. PC814CN1. DOCCCTr1CON. DOC ll~ 59. 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 improyements. The LOMR shall be completed prior to acceptance by the City of the proposed detention facility. 60. Provide graded maintenance access roads along both sides of the proposed onsite and off site 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 detennined by the City Engineer. 61. Obtain, prior to approval of the first final 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. 62. 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 detennined by the City Engineer and Director of Parks and Recreation 63. 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 64. 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. 65. 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. 66. Prior to the approyal of the grading plans proposing the grading of the area that would accommodate the future grade separated intersections at East Orange A venue/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. 67. 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. PCB14CNl. DOCCCTt1CON. DOC 12.'1, 68. 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. SEWER 69. 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. 70. Grant on the appropriate final 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 SP ACE/WILDLIFE PRESERV A nON General 71. 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 oflocal parks and related improvements per I, 000 residents. Local parks are comprised of community parks and neighborhood parks. Pedestrian parks are an integral component of the plan and shall receiye partial park credit as defined below. A minimum of two thirds (2 acres/I,OOO residents) of local park requirement shall be satisfied through the proyision of turn-key neighborhood and pedestrian parks within SPA One. The remaining requirement (1 acre/1,OOO residents) shall be satisfied through the payment offees. 72. 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 approyed by the Director of Parks and Recreation. 73. 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. 74. 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). 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. PC814CN1. DOCCCTt1COII. DoC 12.:],. 75. The Applicant shall receiye 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. 76. 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. 77. Grant in fee all designated public park lands at such time as is necessary to implement the requirements ofthe PLDO and the PFFP. 78. 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. 79. Neighborhood Parks: a. The Applicant shall pay P AD fees based on a formula of 2 acres per 1,000 residents for the first 500 dwelling units. b. The Applicant shall commence construction of the first neighborhood park in SPA One, in a location determined by the Director of Parks and Recreation, no later than issuance of the building permit for the SOOth dwelling unit. c. The level of amenities required in the first phase of construction of the first neighborhood park shall be determined by the 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 equiyalent to five acres of neighborhood park improyements 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. d. Prior to issuance of the building permit for the I I 50th 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. The location of the other neighborhood park, if any, shall be determined in conjunction with the phasing study noted below. PCB14CNl . DOCCCT/KO!!. DOC 14", e. 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,OOO residents. Applicant agrees that the City may withhold the issuance of building permits should said deficit occur. For purposes of this condition, the tenn "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. f. The 1. 7 acre Town Square in Village Five shall receive 100% neighborhooe! park credit if-,cOHstrneted---consistent..with..the..-criteria--contained-..in..the--GeneTai--Deveiepment...Plaa.{Part..ll; Chapter-4)..arn!..if-impmvements"C0nstructed--witrun.the--To-wa..Square.receive.the.appmval..of-the Dir-e€tor--of..Parks.and.-Rooreatio-a, g. 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. 80. Community Parks: a. The Applicant shall pay PAD fees for the Community Park based upon a fonnula of 1 acre per 1, 000 residents, until such time as a turn-key facility has been accepted by the Director of Parks and Recreation. Said turn-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 2 Otay Ranch Community Park prior to issuance of the building permit for the 1, I50th dwelling unit. Said relocation may require an amendment to the Otay Ranch General Development Plan. d. Notwithstanding that the community park requirement (1 acrell,OOO 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 pennit 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. PCB14CNl.DOCCCTr1CON.DOC 12-1- 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 improyements, or to construct another park facility, east of the I-80S 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 ofChula 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. 81. Trails/Open Space: a. The first final map shall not be appro'{ed until the SF!. One Open Space Master Plan is appreved.hy.tfie.-Difeetor..ofP.afks..and.Re0reation,....:rhe..Open..Spa0e..Master..P.lan..shall..be..based upon.the..appmved.Con0ept.and..Analysi1i..Plan;.tbe.fequirements.of.whi€h.are.eutlined..in.tbe.City of..Cbula...Vistambandwape...Manual..and.indude;...but..are...not...limited..te..elementsm!iUch..aj;mfinal recreational trail alignments, design criteria, fcncing and phasing. b. All trails shall connect to adjoining existing and/or proposed trails in neighboring deyelopment projects, as determined by the Director of Parks and Recreation. c. The two connector trails ITom 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. d. 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 approyal by the Parks and Recreation Director. e. 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. f. 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. 82. Community Gardens PCB14CNl . DOCCCTr1COI!. DOC li't- 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 trom 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 approyed by the Director of Parks and Recreation and the City Engineer. e. Community Gardens shall not receiye park credit. OPEN SPACE/ASSESSMENTS 83. Prior to the approval of the first final map, the developer shall: a. Submit and obtain approval of the SPA One Open Space Master Plan ITom 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 limited to elements such as final recreational trail alignments and fencing and phasing. b. Request the fonnation of an Open Space District pursuant to the 1972 Landscaping and Lighting Act for the Otay Valley Parcel of the Otay Ranch. This district formation shall be submitted to Council consideration prior to approval of the first final 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 into the open space district by the Director of Parks and Recreation. If Council does not approye the open space district formation, some other financing mechanism shall be identified and submitted to Council consideration prior to approyal of the first final map. c. Submit a list of allOT A Y 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 Homeowner's Association. Include a description, quantity and cost per year for the perpetual maintenance of said improvements These lists shall include but is 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 PCB14CN1. DOCCCTt1COIj. DOC 17'lc 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 off site), Paseo Ranchero, La Media Road, East Palomar Street (onsite and off site) and all other street parkways proposed for maintenance by the open space district or Homeowners' Association. 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 detennined 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 pemrit requirements. 4. The proposed detention basin and naturalized channel 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 pemrit 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 detemrined by the City Engineer. 8. An proposed facilities and improyements (excepting street improvements) within the 60-foot wide easement to be dedicated to the City for right-of-way at the following locations: (I) 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 the fonnation of the open space district. All costs of fonnation 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 infonnation and materials (e.g., exhibits, diagrams, etc.) as detemrined by the City Engineer to prepare the engineer's report for the proposed open space district. 84 Include in the CC&Rs, if applicable, the obligation of the Homeowners' Association to maintain all the facilities and improvements within the open space lots rejected by the City. PC814 CNl . DOCCCTIKOI!. DOC il.'" 85. 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 ITom face-of-wall to beginning of slope, said area as approved by the City Engineer and the Director of Parks and Recreation. 86. Ensure that all buyers oflots 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. 87. Agree to not protest fonnation 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. 88. 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. 89. Provide documentation, prior to the approval of the first final 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. 90. Fund the revision of the Public Facilities Deyelopment 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 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. WATER 91. Provide to the City a letter ITom Otay Municipal Water District indicating that the assessmentslbonded indebtedness for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the parcel(s). 92. Present verification to the City Engineer in a fonn of a letter from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. EASEMENTS 93. Grant to the City a 10' wide easement for general utility purposes along public street fTontage of all open space lots offered for dedication to the City unless otherwise approved by the City Engineer. PCB14CNl. DOCCCTI1CON. DOC li-l- 94. Indicate on the final map a reselVation 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. 95. Obtain, prior to approval of the associated final map, all off-site right-of-way necessary for the installation of the required improvements. 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. 96. 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. 97. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any final map that proposes private utilities or drainage facilities crossing property lines as directed by the City Engineer. 98. Grant to City on the appropriate final map two foot access easements along the rear and side property line oflots adjoining walls to be maintained 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 PC814CNl.DOCCCTHCON.IJOC ~~ 99. Enter into an supplemental agreement with the City, prior to approval of each final map, where the developer agrees to the following: a. That the City may withhold building permits for the subject subdivision if anyone 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 ReselVe Fund Program. b. That the City may witbhold 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 Annual Monitoring Program, have not been completed. c. Defend, indemnify and hold harmless the City and its agents, officers and employees, rrom any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision 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 harrnless rrom any liability for erosion, siltation or increase flow of drainage resulting rrom this project. e. Ensure that all fTanchised 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 rranchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the rranchise 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 rrom 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 rrom dedicating or conveying for public streets, land used for private streets without approval of 100% of all the HOA members 100. Enter into an supplemental agreement with the City prior to approval of the first final map, where the developer agrees to the following: PC814CNl.DOCCCTI\COl! .DCC n~ 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. 101. The applicant shall dedicate three (3) acres of buildable land, acceptable to the City of Chula Vista, within either.Village One ornViIlage..Fiveof 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 # 1773 7. In addition, said existing agreement, dated December 1, 1994, shall be amended to permit the land dedication within either. Village One.(}f.ViUage.Pive. 102. Prior to approval of the first final map (including any superblock, or financial final map) 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: I) 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; 2.) 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); 3.) 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 4.) 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. 103. The Applicant shall pay, prior to approval of the first final 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. SCHOOLS 104. 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 Paseo Ranchero in Village One or the northern portion of Village Two. 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 PC814CNl.DOCCCTHCON.DOC ll~ Department. This schedule is subject to modification by the School District as based on District facility needs. 105. 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. 106. 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. 107. 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 Paseo 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 108. 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"10 of all the Homeowners' Association members. 109. 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 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. 110 Tie the boundary of the subdivision to the Califomia System -Zone V1 (1983). Ill. The developer may file a master final map which provides for the sale of super block lots corresponding to the units and phasing or combination of units and phasing thereof lf said super block lots do not show individual lots depicted on the approved tentative map, a subsequent final map shall be filed for any lot which will be further subdivided. PC814CNl. DOCCCTr\COI!. DOC n~ All super blocks lots created shall have access to a dedicated public street. Bonds in the amounts determined by the City Engineer shall be posted prior to approval of a master final map. Said master final map shall not be considered the first final map as indicated in other conditions of approval unless said map contains single or multiple family lots shown on the tentative map. 112. Signage shall be provided at Bouquet Canyon Drive 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 map, as determined by the Planning Director and City Engineer. 113. 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 community Purpose Facility areas within the SPA One Village Cores. 114. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP), the Applicant shall fund the preparation of an annual report monitoring the development ofthe community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs 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. 115. The owners of each Village shall be responsible for retaining a project manager to coordinate the processing of discretionary permit applications originating tTom 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. 116. 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 map. 117. The applicant shall convey fee title, or upon the consent of the POM and any lien holder, an easement restricting use of the land to those permitted by the RMP, to the POM upon the recordation of each final map for an amount of land equal to the final map's obligation to convey land to the PreselVe. Where an easement is conveyed, the Applicant shall be required to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Applicant shall convey fee title. Where fee title or an easement is conveyed, the subdivider shall execute a maintenance agreement with the POM stating that it is the responsibility of the Applicant to maintain the conveyed parcel until the Habitat PCB14CNl. DOCCCTI1con. DOC 2.i~ Maintenance District has generated sufficient revenues to enable the POM to assume maintenance responsibilities. Where an easement is granted, fee title shall be granted upon demand by the POM. 118. 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, Blill.Omyen.Drive;nBaelGhet.Drive, Santa Lucia Road, BeIIenanStFeet, Parker Mountain Road, Geyserville Street, Escalon Court, Sheep Ranch, pearoonnSprings.Drive;..Po]i}npeak Road;.-Tuscafl..Springs.Drive, Meeks Bay Drive, bittle.bake-.Street, 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 119. 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. PHASING 120. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CYMe) and the Otay Ranch GDP, the Applicant shall 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 Applicant acknowledges that the Otay Ranch General Development Plan is based on a village concept that provides for the construction of multi-family homes and commercial uses along with single family residential homes within SPA One. The City has allowed the early phases of the project to consist almost exclusively of single family detached neighborhoods due to current market conditions. However, the Applicant understands that it is the City's intent to require the Applicant to focus development on only one of the SPA One village cores in order to increase the viability of the core and to fulfill the objectives of the Otay Ranch General Development Plan. In order to facilitate this objective, the Applicant shall prepare a project phasing update to determine which of the two villages the Applicant will concentrate development in. The phasing study shall provide for the following 1) access to the high school site, community park site and neighborhood park which is economically and physically feasible; 2) establishment of a residential phasing program to complement the east-west access selection (East Palomar Street or East Orange Avenue); 3) identify the village that will be the focus of accelerated development; 4) consideration of market conditions, product absorption and location of appropriate product to meet demand; 5) limitation of public selVices in the village which is not the focus of accelerated development and, 6) provision for affordable housing opportunities as identified in the approved PC814CNl. DOCCCTI1CON. DOC Q~ Affordable Housing Plan. The study shall be undertaken prior to issuance of the 1 I 50th building permit and shall be submitted for approval by the Planning Director and City Engineer prior to the issuance of the 1,401 st building permit. The Applicant shall enter into an agreement with the City, prior to the approval of the first final map, in which the Applicant agrees to implement the results of said study as determined by the City Council. If the Applicant fails to implement the results of the study as directed by City Council, the City Council may take such actions as it deems necessary, including but not limited to withholding building permits. 122. 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 reselVes 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. 123. 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 conceming the location and rate of development within and outside of the project area.. Throughout the build-out of SPA One, actual development may differ rrom the assumptions contained in the PFFP (i.e., the development ofEastLake ill). 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 selVe such development. In addition, the sequence in which improvements are constructed shaH 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. The SPA One PFFP, at Applicant's expense subject to a Reimbursement Agreement, shall be updated not later than six (6) months after approval of a PFFP for the EastLake ill GDP Area, and the conclusions of such update, 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 124. 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 PC814CNl.DOCCCT1\CON.DOC 2.Q~ 125. Underground all utilities within the subdivision In accordarlce with Municipal Code requirements. 126. 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. [ 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. Pay the amount of said fees in effect at the time of issuance of building permits. 127. 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. 128. 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. 129. Comply with Council Policy No. 570-03 ifpump stations for sewer purposes are proposed. 130. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 131. The applicant shall comply with all aspects of the City ofChula Vista Landscape Manual. 132. 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 (19.0904), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). PC814CNl. DOCCCTI\CON. DOC 27~ 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. 133. 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. 134. The applicant shall apply for and receive a take permit rrom the appropriate resource agencies or comply with an approved MSCP or other equivalent 10(a) permit applicable to the property. 135. All proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. GATED AREAS The following conditions will be included in the final Resolution only if the City Council specifically approves the gated concept. 136. Any gates proposed on the tentative tract map are not considered to be approved unless and until specifically approved by the City Council. 137. Parks located within gated areas shall not receive park credit. 13 8. Include all private streets in separate lots. Provide on the Final Map a certificate granting to the City a public utility easement over the entire private street lots. 139. Designate all streets within gated communities as private. Design of said streets shall meet the City standards for public streets unless otherwise approved by the City Engineer. Private street cross sections shall conform to those shown on the Tentative Map. 140. Provide at all private streets with controlled access, the following features: a. Gates as approved by the City Engineer and the Planning Director. Gates shaH be located to provide sufficient room on the private roadway to queue without interrupting traffic on public streets. b A turn around at the location of the gate. The size and location of said turn around shall be approved by the City Engineer. PC814CNl.DOCCCT!1CON.DOC ~~ c. A border between public street and private street delineated through the use of distinctive pavements. d. Provisions shall be made for emergency vehicle aocess as directed by the Police Chief and Fire Marshall, including but not limited to proposals for staffing, "opticon" or keypad system. e. A dedicated parking space for the gate attendant. 141. Include the right-of-way for any private portion of the "Temporary Roadway" (Santa Madera Avenue between Telegraph Canyon Road and Morgan Hill Drive) in a separate lot. In the appropriate final map, grant said lot in fee to the City for open space and other public uses and include language in the City's Clerk Statement rejecting said lot and noting that Section 66477.2(a) of the Subdivision Map Act provides that an offer of dedication shall remain open and subject to future acceptance by the City. The City Clerk's Statement shall also indicate that the Council action rejecting the lot will be rescinded and the open space lot accepted at such time as a public road connecting Filmore Street in Village One to East Orange Avenue is opened for public use. PC814CNl. DOCCCTI\CON. DOC Q~ ATTACHMENT 2 VILLAGE ONE ONLY RESOLUT10N NO, PCS 96-04 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE THE TENTATIVE SUBDMSION MAP FOR VILLAGE ONE OF THE OT A Y RANCH SPA ONE, CHULA VISTA TRACT 96-04 WHEREAS, the property which is the subject matter of this resolution is identified and described on Chula Vista Tract 96-04 and is commonly known as Village One of the Otay Ranch SPA One ("Property"), and; WHEREAS, Village Development filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as Otay Ranch SPA One, Chula Vista Tract 96-04, with the Planning Department of the City of Chula Vista on December 6, 1995 ("Project"), and; WHEREAS, Village Development filed a revised tentative subdivision map on August 12, 1996, and; WHEREAS, said application requests the approval for the subdivision of approximately 822 acres located south of Telegraph Canyon Road between Paseo Ranchero and the future alignment of SR-125 into 3,729 residential lots, one 10-acre school site and one proposed for the area west of Pas eo Ranchero, 26.5 acres of neighborhood parks and 18.5 acres of community purpose facility lots, and; WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Plan ("SPA Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286 ("SPA Plan Resolution") wherein the City Council, in the environmental evaluation of said SPA Plan, relied in part on the Otay Ranch Sectional Planning Area (SPA) Plan Final Environmental Impact Report No. 95-01, SCH #95021012 ("FEIR 95-01"), and; WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under Program EIR 90-01, FEIR 95-01 and the addendum thereto, that is virtually identical in all relevant respects, including lot size, lot numbers, lot configurations, transportation corridors, etc., to the project descriptions in said former environmental evaluations, and; WHEREAS, the City Environmental Review Coordinator has reviewed the proposed Tentative Map and determined that it is in substantial conformance with the SPA Plan and the related environmental documents therefore, no new environmental documents are necessary, and; WHEREAS, the Planning Director set the time and place for a hearing on the tentative map and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and tenants within 1,000 feet of the exterior boundaries of the property at least 10 days prior to the hearing, and; Planning Commission SPA One Tentative Map Page 2 WHEREAS, the Planning Commission has previously considered EIR 95-01 and the proposed tentative map is consistent with the project described therein and creates no additional environmental impacts as indicated in the Addendum. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the attached draft City Council Resolution recertifying EIR 95-01 and approving the Tentative Subdivision Map for Village One only of Chula Vista Tract 96-04 in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CIillLA VISTA, CALIFORNIA, this 14th day of August, 1996 by the following vote: YES: NOES: ABSENT: Frank Tarantino Chairman ATTEST: Nancy Ripley Secretary c:\pc'\il#J.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TENTATIVE SUBDIVISION MAP FOR VILLAGE ONE OF THE OTAY RANCH SPA ONE, CHULA VISTA TRACT 96-04, AND MAKING THE NECESSARY FINDINGS, RECERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT FEIR 95-01 (SCH #95021012) AND READOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE FEIR WHEREAS, the property which is the subject matter of this resolution is identified and described on Chula Vista Tract 96-04 and is commonly known as Otay Ranch Sectional Planning Area (SPA) One ("Property"), and; WHEREAS, Village Development filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as Otay Ranch SPA One, Chula Vista Tract 96-04, with the Planning Department of the City of Chula Vista on December 6, 1995 ("Project"), and; WHEREAS, Village Development filed a revised tentative subdivision map on August 12, 1996, and; WHEREAS, said application requested the approval for the revised subdivision of approximately 822 acres located south of Telegraph Canyon Road between Paseo Ranchero and the future alignment of SR-125 into 3,729 residential lots, one 10-acre school site and one proposed for the area west of Paseo Ranchero, 26.5 acres of neighborhood parks and 18.5 acres of community purpose facility lots, and; WHEREAS, the development of the Property has been the subject matter of a General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298 and as amended on May 14, 1996 by Resolution No. 18285 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Environmentallmpact Report No. 90-01, SCH #9010154 ("Program EIR 90-01"), and; WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Plan ("SPA Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286 ("SPA Plan Resolution") wherein the City Council, in the environmental evaluation of said SPA Plan, relied in part on the Otay Ranch SPA Plan Final Environmental Jrnpact Report No. 95-01, SCH # 95021012 ("FEIR 95-01"), and; Resolution No. Page 2 WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under Program EIR 90-01, FEIR 95-01, and addendum thereto, that is virtually identical in all relevant respects, including lot size, lot numbers, lot configurations, transportation corridors, etc., to the project descriptions in said former environmental evaluations, and; WHEREAS, the City Environmental Review Coordinator has reviewed the proposed Tentative Map and determined that it is in substantial conformance with the SPA Plan and the related environmental documents and determined that an Addendum was necessary, and; WHEREAS, the Planning Commission held an advertised public hearing on said project on August 14, 1996 and recertified FEIR 95-01, voted to recommend that the City Council approve the Tentative Map in accordance with the findings and conditions listed below and readopted the Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program, and; WHEREAS, the City Council set the time and place for a hearing on said tentative subdivision map application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 1,000 feet of the exterior boundaries of the property at least ten days prior to the hearing, and; WHEREAS, the hearing was held at the time and place as advertised on August 20, 1996 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, THE CITY COUNCIL finds, determines and resolves as follows: SECTION 1. CEQA Finding re Previously Examined Effects The City Council hereby finds that the Project, as a later activity to that evaluated in the Program EIR 90-01, FEIR 95-01, and addendum thereto, would have no new effects that were not examined in the preceding Program EIR 90-01 and FEIR 95-01 (Guideline 15168 (c)(I)), and; SECT10N 2. CEQA Finding re Project within Scope of Prior Program EIR The City Council hereby finds that: 1) there were no changes in the project rrom the Program EIR and the FEIR which would require revisions of said reports; 2) no substantial changes have occurred with respect to the circumstances under which the project is undertaken since the previous reports; 3) and no new information of substantial importance to the project has become available since the issuance and approval of the prior reports; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the Program EIR and FElR, and, therefore, no new environmental documents are required (Guideline 15168 (c)(2)), and; c:\cC\il~l_doc Resolution No. Page 3 SECTION 3. Incorporation of All Feasible Mitigation Measures and Alternatives The City does hereby adopt and incorporate herein as conditions for all approvals herein granted all applicable mitigation measures and alternatives, if any, which it has determined, by the findings made in the GDP Resolution and the SPA Resolution, to be feasible in the approval of the General Development Plan and the SPA Plan, respectively, and; SECTION 4. Notice with Later Activities The City Council does hereby give notice, to the extent required by law, that this Project is an activity within the scope of the program approved earlier in the GDP Resolution and the SPA Plan Resolution, and the Final EIR adequately describes the activity for the purposes ofCEQA (Guideline 15168 (e)). SECTION 5. General Plan Findings--Conformance to the General Plan Pursuant to Government Code Section 66473.5 in the Subdivision Map Act, the tentative subdivision map as conditioned herein for Otay Ranch SPA One, Chula Vista Tract 96-04, is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Sectional Planning Area Plan based on the following: a. Land Use - The Project is a planned community which provides a variety ofland uses and residential densities ranging between 3.5 and 36.8 dwelling units per acre. The project is also consistent with General Plan policies related to grading and landforms. b. Circulation - All of the on-site and off-site public and private streets required to selVe the subdivision consist of Circulation Element roads and local streets in locations required by said Element. The Applicant shall construct those facilities in accordance with City standards or pay in-lieu fees in accordance with the Transportation Development Impact Fee program. c. Housing - The Applicant is required to enter into an agreement with the City to provide and implement a low and moderate income program within the Project prior to the approval of any Final Map for the Project. d. Parks and Recreation - The Project will provide a 25-acre (gross) community park, 26.5 acres (gross) of neighborhood parks and the payment of PAD fees or additional improvements as approved by the Director of Parks and Recreation. In addition, a recreational trail system will be provided throughout the Project, ultimately connecting with other open space areas and trail systems in the region. e. ConselVation and Open Space - The Project provides 235 acres of open space, 21.2% of the total 822 acres. A program to preselVe 83% of slopes greater than 25% has been established ranch-wide and is detailed in the recirculated FEIR 95-01. c:lcC\i!~l,doc Resolution No. Page 4 f Seismic Safety - No seismic faults have been identified in the vicinity of the Project. g. Public Safety - All public and private facilities are expected to be reachable within the threshold response times for fire and police services. h. Public Facilities - The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to selVe this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major project in the eastern territories. I. Noise - The Project will include noise attenuation walls as required by an acoustic study dated June 6, 1995 prepared for the Project. In addition, all units are required to meet the standards of the UBC with regard to acceptable interior noise levels. J. Scenic Highway - The roadway design provides wide landscaped buffers along the two scenic highways, Telegraph Canyon Road and East Orange Avenue (Olympic Parkway). k. Bicycle Routes - Bicycle paths are provided throughout the Project. 1. Public Buildings - The Project provides three elementary school sites and one high school site to selVe the area. One elementary school site and the high school site will be off-site of the project. The project will also be subject to Public Facilities Development Impact Fees. SECTION 6. Subdivision Map Act Findings a. Balance of Housing Needs and Public Service Needs. Pursuant to Section 664123 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. The development will provide for a variety of housing types rrom single family detached homes to attached single-family and multiple-family housing and will provide low and moderate priced housing consistent with regional goals. b. Opportunities for Natural Heating and Cooling Incorporated The configuration, orientation and topography of the site partially allows for the optimum siting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 664 73.1. c:\ccviJ# I ,doc Resolution No. Page 5 c. Finding Suitability for Residential Development. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. d. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. SECTION 7. Conditional Approval of Tentative Subdivision Map The City Council does hereby approve, subject to the following conditions, as Exhibit A attached hereto the tentative subdivision map for Otay Ranch SPA One, Chula Vista Tract 96- 04. SECTION 8. CEQA Findings a. Re-adoption of Findings The Council does hereby re-approve, accept as its own and re-incorporate, as if set forth full herein, and make each and every one of the CEQ A Findings attached hereto as Exhibit _ b. Certain Mitigation Measures Feasible and Re-adopted As more fully identified and set forth in the Program EIR and the FEIR and in the CEQA Findings for this Project, which is hereby attached hereto as Exhibit ---' the Council hereby finds that, pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, the mitigation measures described in the above referenced documents are feasible and will become binding upon the appropriate entity such as the Applicant, the City or other special districts which has to implement these specific mitigation measures. c Feasibility of Alternatives As is also noted in the environmental documents referenced in the immediately preceding paragraph, alternatives to the Project, which were identified as potentially feasible, are hereby found not to be feasible. d. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081.6, City Council hereby re- adopts the Mitigation Monitoring and Reporting Program ("Program") set forth as Exhibit _ to this resolution and incorporated herein by reference as set forth in full The City Council finds that the Program is designed to ensure that, during the Project c:\ccvil:.l.doc Resolution No. Page 6 implementation and operation, the Applicant and other responsible parties implement the Project components and comply with the feasible mitigation measures identified in the Findings and in the Program. e. Statement of Overriding Considerations Even after the re-adoption of all feasible mitigation measures, certain significant or potentially significant environmental affects caused by the Project or cumulatively will remain. Therefore, the City Council of the City of Chula Vista re-issues, pursuant to CEQA Guidelines Section 15093, as set forth and attached hereto, a Statement of Overriding Considerations identifying the specific economic, social and other considerations that render the unavoidable significant adverse environmental effects still significant but acceptable. SECTION 9. Notice of Determination City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. Presented by: Approved as to form by: Gerald J. J arnriska Special Planning Projects Manager Ann Moore Interim City Attorney Attachments: Exhibit A c:\cC\ilt:'].doc Resolution No. Page 7 PASSED, APPROVED and ADOPTED by the City Council of the City ofChula Vista, California, this August 20, 1996, by the following vote: YES: NOES: ABSENT: Shirley Horton, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, Beverly A Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a City Council meeting held on the 20th day of August, 1996. Executed this 20th day of August, 1996. Beverly A. Authelet, City Clerk c:''Ccvil#l,doc EXHffiITA ATTACHMENT 2 TENTATIVE MAP - OTAY RANCH VILLAGES! ~ CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a). the conditions and Code requirements set forth below shall be completed prior to the related final map as determined by the Director of Planning, Parks and Recreation and the City Engineer; (b). unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. 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 ConselVation 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 rrom 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 rrom and against any and all claims, liabilities and costs, including attorney's fees, arising rrom challenges to the 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. PC814CON. DOCCCTI\CON. DOC 16 7. The terms, conditions and time limits associated with this tentative map shall be consistent with the Development Agreement approved by Ordinance # 2679 by the City Council on July 16, 1996. ENVIRONMENTAL 8. The applicant shall implement all applicable mitigation measures identified in EIR 95-01, the CEQA Findings of Fact for this Project (Exhibit *) and the Mitigation Monitoring and Reporting Program (Exhibit *). 9. The applicant shall comply with all applicable requirements of the Phase 2 Resource Management Plan (RMP) as approved by the City Council on June 4, 1996. 10. Prior to approval of any final map, the appropriate in lieu fee for conveyance ofJand shall be adopted by the City Council. 11. 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 J.z.,.....m...The..-seeondary...aooess..ifl..the-..seuthernmpertion-.-of.Neighooroood..R-3(f..shall...be..-surfaeed with "grass crete", "turf block" EJr some otller comparable material unless othenvise approved by the.Plarming.Dife€tor.and..Fir-e.Chief....Bellar-ds..shaJl..be.provided..instead.of.the..lookiRg.gate.noted oR..the..map,.......The..boJJ.ard-s...shalJ...be...looated..doser...to..the.temHflu&.of.themcu!-de-sao..<Pafkef MouRtaifl.R-oad);--rather.thilfl..adjacent.t-o..SantaRooa-Drive,. J.3.,m........Pede&tnilfl..ae€es&-.-shalJ..he-.pmvided..betweeR.Parcels..C-4.afld..CPF-7.....Said..a€oess.-shalJ..be indioated..on.the.Pr-eeise.PJ.aJI.for..theVillage-S.Cor-e.. 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 ofthe appropriate final map. 15. In addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each 150 square feet of slope area, one l-gallon or larger size shrub per each 100 square feet of slope area, and appropriate ground cover. 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 map. Materials and color used shall be compatible and all walls located in corner side-yards or rear yards facing public PC814CON. DOCCCTI\COII. DOC l-& 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-nLmdingnAvenue;..PorteFVillenCt,.;mFir.ooaugh.-Gt"mStr-eetnC4;..&uquetnCmyon-nDrive;nLittle Lake Street, Strawberry Valley Road, Mendota Street, Pacifica Ct., Santa Delfina Ave., San Dimas Ct., Hanford Ct., Rocklin Ct., Colton Ct., Rincon Point, Santa Inez Ave., Traver Ct., Vernon Ct., Lindsay St., Morgan Hill Dr., Applegate St., Dunsmuir Ct., Grayson Ct., Greenfield Ct., Livingston Ave., Hayford Dr., Fiddletown Dr., Santa Flora Dr., Bull Cyn. Dr., Buckshot Dr., Belena St. and Carmel Ave. View fencing shall be provided at the ends of all other open cul-de- sacs where a sound wall is not required. Any combination rree 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 rree 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 rreestanding walls which are six feet in height. A 2-3 foot separation shall be provided between rree 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 minimum of thirty percent of all 55 x 105 feet lots 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. 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. PCB14CON. DOCCCTIKOI!. DOC l~ 22. Secure in accordance with Section 18.16.220 of the Municipal Code, the construction and/or construct full street improvements for all on-site and off-site streets 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 street 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 Paseo Ranchero not be necessary to provide service to the subject subdivision, their construction may be delayed. If deemed nece~~MY..by t~.Q!y EnW1:L the deveIQp.~h<!!Lwovjde a cul-de-sac at the easterly end of Morgan Hill Drive. Carmel Avenue and Santa Lucia Road. The City Engineer may approve the installation of temporary turnaround as an alternative to a permanent cul-de-sac should conditions. at the time of development. warrant such facility. The developer shall also dedicate on the appropriate final.1P-AP..J.he righl-of-w~uir:~glQ ext!m,L sai~L~treets tQJhe_~.Y.hdi\Ci~Q!).1>.Q.l!l)g~ 23. In accordance with the Pre-Annexation Development Agreement the developer shall Ggrant 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 as such time as requested by the City. onthe..apprepriate.final..map.Qf.earlier..;.by..separat-e.instrument;..if theSR-125..ft-eeway.goesf{')rwar-d.and'OOIlveyance.ef.the.right-ef-way.is-r-t~quir-ed..by.theCity....IneJude the.maintenance.er.said..let.ia..an..epen..space.distriet.unril..transferred..t{'j.the..&tat-e.{'jf.Calif{'jrma'{'jr..its designee. 24. Install a fully activated traffic signal including interconnect wiring at the following intersections: 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 arms, 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. PC814CON. DOCCCTtICON. DOC 1.~ 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 revised list of appropriate tree species described in the Village Design Plan which shall be approved by the Directors of Planning, Parks and Recreation and Public Works. The applicant shall provide root 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 map, where 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 prepared in 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 district to finance the Light Rail Transit. c. Fund half its fair share of the cost of construction of the twe pedestrian bridges connecting Villages One to Village Two and Village Five to Village Six. <iJi..!ietermincg by the City Engineer based on the proportionate benefit received from the improvement The developer shall also identifY the financing mechanism to be used to fund said cost. 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 of 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 selely... 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 PC814CON.DOCCCTfOCOl!.DOC 2~ 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 proposing to construct Santa Madera Avenue between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), 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 irnprovements in Telegraph Canyon Road including the provision of a fully activated traffic signal as directed by the City Engineer. c. Enter into an agreement with the City 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-inlright-out access at said intersection. This work shall b~rfonp.ed 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 remammg "Temporary Roadway" improvements aad..the...mediiiCa\i{')HSmt{'j...the existing.imprevements..ffi.Telegraph..Caayoa.Read.. 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. 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 the any residential disclosure document that the "T emporary Roadway" will be closed once the permanent road connecting Filmore Street in Village One to East Orange Avenue is opened for public use PC814CON.DOCCCTr1CON.DOC 2.~ 5. Provide bonds 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 ril!ht-in/right-out access at said intersection. Said bonds shlJll be provided prior to ap]roval of the. final map requiring the construction of La Media Road between Telegraph Canvon Road and East Palomar Street. b. fRemoval 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 ..Phase.:] Village One Core -or any unit thereof 6. Provide for all cost associated with the vacation of the "Temporary Roadwav". 33. Provide the necessary modifications to the 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 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 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, prior to the approval of a final map for Village One Core Phase.7 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. Pro\~de I) twenty feet setback on driveways from property line to garage and 2) sectional roll- up type garage doors at all properties rronting on streets where cul-de-sacs are 150 feet or less in PC814CON. DOCCCTtICon. DOC 2~ length except as provided 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 facilities 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 determined by the City Engineer are provided at those locations where private facilities transverse public streets. J8o...........-Graat.en..the.4inal.map-.e{')Htaining-the.prepesecl.oonnectffia.te.EastLake.ParkwaY"Ebetweea.the two existiHg Otay Water District parcels) a eO fOot -..,ide easemem for street right of way aad other publie...parpeses...a1Oflg...said...ooflHectiOflo.......Prier..te-..-appreval...e-f...the...same..map...the..develeper...shall guaranteethe.eenstructiea.e-f.the.fellewiHg.impre-vemeat",.within.1iaid.60-feot.wide.easemeHt.o a. Pedestriar~ cart ana bicycle improvemeHts a1i determined by the City Eagffieer and Plaanirlg..Dire€t{')r,....The.impwvement..p!aas..shall.be..prepared..in..sueh..a.way.as..te..aet precludethe.{')ptiea.e-f.previcling.str-eet.imprevemeat",.fer.velOOular..aeeess.in.the..future, b. Vehicular acce3S imfJr-evemems to the C1Q3tiHg Otay Municipal Water District parcels as.det~ed.by.the.City.Engineer.aad.theOtayMtmicipal.WaterDistriet, 39. Grant on the final map containing the paseo between Neighborhoods R-8 and R-9 a 60-wide easement for street right -of-way and other public purposes. The paseo 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 PC814CON.DOCCCTr1CON.BGC .i2.~ 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 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 map that requires construction of La Media Road between East Palomar Street and East Orange Avenue. 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 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 ofthe first final 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. GRADING AND DRAINAGE 46. Provide a setback. as aoproved by the City Engineer. between the proPerty lines of the proposed lots and the too or toe of any sJooe to be constructed at those locations where the PIQPQ.sed.gr:.<!.g!ngJ!.djQj'!)Hm(t~y'.~!.QP'.~g..P.r.Q.P.~rt)'.9.I..R[QQ~!:!Y..9}Y!}~g..Q)'..Q!h~.r.~, The developer shall S~ubmit notarized letters of permission to grade for all off-site grading. 47. Submit a list of proposed lots indicating whether the structure will be located on fill, cut or a transition between the two situations unless otherwise approved by the City Engineer. PC814CON. DOCCCTI1CO!!. DOC ~~ 48. Comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. 49. Provide runoff detention basins or any other facility approved by the City Engineer to reduce the quantity of runoff from the development to an amount equal to or less than the present 100-year frequency runoff. 50. Provide "as built" improvement and storm drain plans in DXF file format to the satisfaction of the City Engineer. 51. Grant on the appropriate final map a 15 feet minimum drainage and access easement for stormdrain lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. 52. Prior to approval of (1) the first final map or grading permit for land draining into the Poggi Canyon or (2) the first final 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, as follows: I. Runoff detentionldesilting basin and naturalized channel in Poggi Canyon; or 2. Runoff detention Basin in Telegraph Canyon Channel 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 WtldIife) wherein the parties agree to implement the maintenance program. d. Enter into an agreement with the City where the developer agrees to the following: I. 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 PC814CON. DOCCCTl1con. DOC 1.Q~ 2. Provide for the removal of siltation in the Telegraph and Poggi Canyon Channels (mcluding 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 offjve years after maintenance of the facility is assumed by the City or an open space district. 53. Enter into an agreement with the City, prior to approval of the first final 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 all upstream grading within the development is cornpleted and erosion protection planting is adequately established as determined 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. 54. Ensure that brow channels and ditches emanating from and/or running through City Open Space are not routed through private property and vice versa. 55. Provide a graded access (12 feet minirnum 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. 56. 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 directed by the City Engineer. The final design and types of construction materials shall be subject to approval of the Director of Planning and City Engineer. 57. Designate all drainage facilities draining private property to the point of connection with public facilities as private. 58. 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. PC814 CON. DOCCCTr1CON. DOC li~ 59. Obtain a Letter of Map Revision (LOMR) rrom 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. 60. Provide graded maintenance access roads along both sides of the proposed onsite and off site 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. 61. Obtain, prior to approval of the first final 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. 62. 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 Channe~ 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 63. 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 64. 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. 65. 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. 66. 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 AvenuefPaseo 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. 67. The grading plans for the intersection at East Orange AvenuelPaseo 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 PC814CON. DOCCCTt1CON. DOC u~ 68. 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. SEWER 69. 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. 70. Grant on the appropriate final map a 20 feet mmunum 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 71. 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 oflocal 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 acresll,OOO residents) of local park requirement shall be satisfied through the provision of turn-key neighborhood and pedestrian parks within SPA One. The remaining requirement (1 acrell,OOO residents) shall be satisfied through the payment offees. 72. 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. 73. 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. 74. 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). 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. PCB14CON. DOCCCTr1COJI. DOC li~ 75. 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. 76. 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. 77. Grant in fee all designated public park lands at such time as is necessary to implement the requirements ofthe PLDO and the PFFP. 78. 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. 79. Neighborhood Parks: a. The Applicant shall pay PAD fees based on a formula of 2 acres per 1,000 residents for the first 500 dwelling units. b. The Applicant shall commence construction of the first neighborhood park in Villa~ One s.PA-One, in a location determined by the Director of Parks and Recreation, no later than issuance of the building permit for the 500th dwelling unit. c. The level of amenities required in the first phase of construction of the first neighborhood park shall be determined by the 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. d. Prior to issuance of the building permit for the 1 I 50th dwelling unit, the Director of Parks and Recreation shall detennine 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. The location of the other neighborhood park, if any, shall be determined in conjunction with the phasing study noted below. PCB14 CON. DOCCCT!1COI!. DOC li~ e. 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 acresll,OOO 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- I 2 month maintenance period. This condition is not intended to supersede any of the City's maintenance guarantee requirements. f TIle 1. 7 acre To'.vFl Square in Village Five shall receive 100% aeighborhoed parle credit if..eonstruet-ed..ooasisteat..with..the..eriteria..eentaiHed..in..the..General..Deve!epment...Plaa..(Part..ll; Chapter.4)..aHd..if.impmvemeats..censtrueted..within.the.Tewa..Squafe'feeeive.the.appmval.ef.the Dif~tef..ef.Parks'aad.Reefeatim}, g. 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. 80. Community Parks: a. The Applicant shall pay PAD fees for the Community Park based upon a formula of 1 acre per I, 000 residents, until such time as a turn-key facility has been accepted by the Director of Parks and Recreation. Said turn-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 2 Otay 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 acrell,OOO 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,OOOth 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 PC814CON.DOCCCTI1CON.DOC 12~ 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 1-805 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 ofChula 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. 81. Trails/Open Space: a. The first final map shall Hot be approved uHtil the SP ,\ One Open Space Master Flaa is appr{')ved..by.-tfie.-Direl:Mr..ef..P.arks..aad.Reer-eatioa,....The..Opea..Spaee.Master..P.laa..shaH..fie..hased upon.the..appmved.-Geneept'aFld..Analysi5..Plan;..therequirements.{')f-wmchare'{')utliaed.in-the.-Gity ef.-Ghula..Vista..-bandwape...Manual...and...iIlcltlde;...but..are...aet...limited...t{')..-elemeats"'5uch...as...fiaal recrcatioIlal trail alignmeHts, design criteria, feacing and phasiIlg. b. All trails shall connect to adjoining existing and/or proposed trails in neighboring development projects, as determined by the Director of Parks and Recreation. e,.......Tfie...twe..voHHooter....tmils...ft{')ffi..Neighberhooo5..R-24..aFld...R-2S..in..VilIage-..Five...te Telegraph..Caayoa.Read.shaH..be.combiHed..iate.ene..trail.ia..Qpen..S.pace..Let.3-1..and'5hall.cennect t{').the.regienal.trail.ia.{')ae.lecatiea,. d. 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. e. 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. f 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. 82. Communitv Gardens: PCB14CON. DOCC:::TtICOI1. DO::: li.~ 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 83. Prior to the approval of the first final 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 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 and Lighting Act for the Otay Valley Parcel of the Otay Ranch. This district formation shall be submitted to Council consideration prior to approval of the first final 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 into 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 Council consideration prior to approval of the first final map. c. 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 Homeowner's Association. Include a description, quantity and cost per year for the perpetual maintenance of said improvements These lists shall include but is 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 PC814CON.DOCCCTt1C0!1.DOC 17~ 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 off site ) and all other street parkways proposed for maintenance by the open space district or Homeowners' Association. 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 channel 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.fullewing-.looatieHS'-{l) between Neighborhoods R-8 and R-9~,'aOO{2}at the..prepesed..ooHHection.to.EastLake.Parkway.{betweea.the.twe-.Otay.Wat-er Distri"t.p.areelso' d. Submit an initial deposit of $15,000 to begin the process the formation of the open space district. All costs off ormation 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 84. Include in the CC&Rs, if applicable, the obligation of the Homeowners' Association to maintain all the facilities and improvements within the open space lots rejected by the City. PCB14CON. DOCCCTt1COII. DOC il.~ 85. 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. 86. Ensure that all buyers oflots 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. 87. Agree to not protest formation 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. 88. 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 ofthe 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) ofthe Subdivision Map Act, rejecting those open space lots to be maintained by the Homeowner's Association. 89. Provide documentation, prior to the approval of the first final 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. 90. 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 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. WATER 91. Provide to the City a letter from Otay Municipal Water District indicating that the assessmentslbonded indebtedness for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the parcel(s). 92. Present verification to the City Engineer in a form of a letter from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. EASEMENTS 93. Grant to the City a 10' wide easement for general utility purposes along public street fTontage of all open space lots offered for dedication to the City unless otherwise approved by the City Engineer. PCB14CON. DOCCCT11CON. DOC li~ 94. Indicate on the final 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. 95. Obtain, prior to approval of the associated final map, all off-site right-of-way necessary for the installation of the required improvements. 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. 96. 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 rnap. 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. 97. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any final map that proposes private utilities or drainage facilities crossing property lines as directed by the City Engineer 98. Grant to City on the appropriate final map two foot access easements along the rear and side property line oflots adjoining walls to be maintained by the open space district. The locations ofthese 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 PC814CON. DOCCCTrICO!!. DOC lQ~ 99. Enter into an supplemental agreement with the City, prior to approval of each final map, where the developer agrees to the following: a. That the City may withhold building permits for the subject subdivision if anyone of the following occur: I. 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 Fund 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 Annual 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 rrom 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 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 rrom dedicating or conveying for public streets, land used for private streets without approval of 100% of all the HOA members. 100 Enter into an supplemental agreement with the City prior to approval of the first final map, where the developer agrees to the following: PCB14CON. Docccn1CC!1. DOC n~ 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. lOr. The applicant shall dedicate three (3) acres of buildable land, acceptable to the City of Chula Vista, within either Village One er..ViIlage..Five 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 #17737. In addition, said existing agreement, dated December 1, 1994, shall be amended to permit the land dedication within either Village One or Village Five. 102. Prior to approval of the first final map (including any superblock, or financial final map) 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: I) 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; 2.) 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); 3.) 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 4.) 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. 103. The Applicant shall pay, prior to approval of the first final 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. SCHOOLS 104. 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 Paseo Ranchero in Village One or the northern portion of Village Two. 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 PC814CON.DOCCCTt1C0!1.DOC ll~ Department. This schedule is subject to modification by the School District as based on District facility needs. 105. 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. 106. 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. 107. 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 Paseo 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 108. 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. 109. 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 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. 110. Tie the boundary of the subdivision to the California System -Zone VI (1983). 111. The developer may fiJe a master final map which provides for the sale of super block lots corresponding to the units and phasing or combination of units and phasing thereof. If said super block lots do not show individual lots depicted on the approved tentative map, a subsequent final map shall be filed for any lot which will be further subdivided. PC814CON.DOCCCTI1COH.DOC n~ All super blocks lots created shall have access to a dedicated public street. Bonds in the amounts determined by the City Engineer shall be posted prior to approval of a master final map. Said master final map shall not be considered the first final map as indicated in other conditions of approval unless said map contains single or multiple family lots shown on the tentative map. 112. Signage shall be provided at..Beuquet..Canyon.Drive..and.tne..pedestrian..pasee..in.ViUage 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 map, as determined by the Planning Director and City Engineer. 113. The Applicant shall secure approval of a Master Precise Plan for the Village One and VilJage..Five Core Areas, prior to submitting any development proposals for commercial, multi- family and community Purpose Facility areas within the ,sPA-Ooo Village One Cores. 114. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP), the Applicant shall fund the preparation of an annual report monitoring the development of the community ofOtay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs 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 ofthe GDP/SRP. 115. The owners of eaeh Village One 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. 116. 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 map. 117. The applicant shall convey fee title, or upon the consent of the POM and any lien holder, an easement restricting use of the land to those pennitted by the RMP, to the POM upon the recordation of each final map for an amount of land equal to the final map's obligation to convey land to the Preserve. Where an easement is conveyed, the Applicant shall be required to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Applicant shall convey fee title. Where fee title or an easement is conveyed, the subdivider shall execute a maintenance agreement with the POM stating that it is the responsibility of the Applicant to maintain the conveyed parcel until the Habitat PC814CON.DOCCCTnCOII.DOC l.1.~ Maintenance District has generated sufficient revenues to enable the POM to assume maintenance responsibilities. Where an easement is granted, fee title shall be granted upon demand by the POM. 118. 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, Bull Canyon Drive, Buckshot Drive, Santa Lucia Road, Bellena Street, PMker Meuatain.R{')a-d;..Geyserville..Str-eet;..Eseakm..GoUFt;mSheep.Raooh, Pearson Springs Drive, Polo Peak Road. and Tuscan Springs Drive . .Meeks..Bay..Drive..Little.-Lak-e..Street....Harri1Is..MiIJ..AveHlole..aad ,- ,- , , VolcaHO 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 119. 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. PHASING 120. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and the Otay Ranch GDP, the Applicant shall 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. .1-21.,.......-T-he.Applieaat.ooknowledges..that.the.Otay.Raooh.Geaeral..Devel{')pment..Plan.is..based.{')a.a viUage..ooaeept...that..provides...fef..-the..eenstroetien...efmulti-famiIy..homes...aad..-cermnereial...uses aleag.with.siagle.family..residential..hemes.withia..SPAOae,...The--Gity.ha5..all{')wed..tbe.early..phases of the project to coasist almest exclusively ef siagle family detached aeighborhoods due to wrreat.market..eenditieas,......However;...the..Applieant..uaderstaads..that..it..is...the..City'.s...inteat..t{') r-equire-the.Applieant.te-.fecus.develepment..en..enly.{')ne.efthe..SPAOae-village.eeres.in.erder..to ioorease...the....viability. {')f...the...-cer-e. aad....j{')...fuHiIl...-the..objoot ives...{')f..the...Otay....Raaeh...Geaer.al Devclopmem Plan. In.er-der.tQ..faeilitate...this"'ebjootive;..theApplieantshall..prepareapmjeet.-pha5ing..u pdat-e.t{') determine.whieh.{')f.the.twQ..villages.the'Awlieantwill.wne-ernmtedevelepmeat in... The.phasing study shall provide for the following: 1) access to the high school site, community park site and neighborheed..parkwhiehiseeenemicallyand.phY5icallyfeasible;..Z)uestablishment.e-f.aresidential pha5ing.pmgram.toeomplemeatthe.east-westac-cessmse!ectioa..{EastPalomaru&t-r-eetor...East OrangeAveooe};J).ideAtify.thevmage.thatwiUbethe..fecusofaeeclerated.oovelepment;4} consideration of market coaditioHS;-J*Oduct absorption aAd locatio~ppropriate produ€t4e meet.demaoo;5}!imitatiea.{')f-pub1i0..services.ia.theviIJage.whi-chisnet the.fQcus.of.aecclerated develepmeat aoo; 6) previsiea fQr affmdable he-using.epportunities as identified intheawmved PC814CON. DOCCCTrICOI!. DOC 22~ Affer-dable.Heu5ing..P.laao.....T-he..study..shall..be..undertak-en.prier..te-.issuaooe.{')f.the..H~Otll..buildiHg permit aHd shaJd be submitted for approval by the Plaa:1iag Director aHd City Eagineer prior to the issuaooe.{')f.the..l.;~J.st.building.permit. T-he.Applicant-.shaU..eater..inte-.an..agreemeat..with..the.{;ity;"prier..te..the..approval.{')f..the..fi.rst..fi.aal map, in which the i\pplicaAt agrees to implcmeAt the results of said study as determined by the City...COOi1Cil........lf.the..AWlieant...fails..te-..implemeat..the..r-esuk5..{')f..the"5tudy..as..direeted..-by..City C{')uacil;..the..City..Ceuacil.may.tak-e'5uch..actwas..as.it..deems.neees5ary;..iacludiag..but..net..limited te.withheldiag.building'permit5' 121. The applicant shall submit to the City a revised phasing plan for review and approval prior to the approval of the first final map. The PFFP shall be revised where necessarv to reflect the revised phasing plan. 122. If phasing is proposed within an individual map or through multiple final rnaps, 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, fucilities 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. 123. 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 ofEastLake lII). 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. The SPA One PFFP, at Applicant's expense subject to a Reimbursement Agreement, shall be updated not later than six (6) months after approval of a PFFP for the EastLake III GDP Area, and the conclusions of such update, 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. PCB14CON. DOCCCT!1CQlJ. DOC 2..2.~ CODE REQUIREMENTS 124. 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. 125. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 126. 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. Pay the amount of said fees in effect at the time of issuance of building permits. 127. 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. 128. 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. 129. Comply with Council Policy No. 570-03 if pump stations for sewer purposes are proposed. 130. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 13]. The applicant shall comply with all aspects of the City of Chula Vista Landscape Manual PC814CON. DOCCCTr1COII. DOC 27~ 132. 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). 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. 133. 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. 134. 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. 135. All proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. GATED AREAS The following conditions will be included in the final Resolution only if the City Council specifically approves the gated concept. 136. Any gates proposed on the tentative tract map are not considered to be approved unless and until specifically approved by the City Council. 13 7. Parks located within gated areas shall not receive park credit. 13 8. Include all private streets in separate lots. Provide on the Final Map a certificate granting to the City a public utility easement over the entire private street lots. 139. Designate all streets within gated communities as private. Design of said streets shall meet the City standards for public streets unless otherwise approved by the City Engineer. Private street cross sections shall conform to those shown on the Tentative Map. 140. Provide at all private streets with controlled access, the following features: PC814CON. DOCCCT!ICO!!. DOC ~~ a. Gates as approved by the City Engineer and the Planning Director. Gates shall be located to provide sufficient room on the private roadway to queue without interrupting traffic on public streets. b. A turn around at the location of the gate. The size and location of said turn around shall be approved by the City Engineer. c. A border between public street and private street delineated through the use of distinctive pavements. d. Provisions shall be made for emergency vehicle access as directed by the Police Chief and Fire Marshall, including but not limited to proposals for staffing, "opticon" or keypad system. e. A dedicated parking space for the gate attendant. 141. Include the right-of-way for any private portion of the "Temporary Roadway" (Santa Madera Avenue between Telegraph Canyon Road and Morgan Hill Drive) in a separate lot. In the appropriate final map, grant said lot in fee to the City for open space and other public uses and include language in the City's Clerk Statement rejecting said lot and noting that Section 66477.2(a) of the Subdivision Map Act provides that an offer of dedication shall remain open and subject to future acceptance by the City. The City Clerk's Statement shall also indicate that the Council action rejecting the lot will be rescinded and the open space lot accepted at such time as a public road connecting Filmore Street in Village One to East Orange Avenue is opened for public use. PC814 CON. DOCCCTtICON. DOC 2.Z~ Attachment 3 Village One and Phase l-A RESOLUTION NO. PCS 96-04 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE THE TENTATIVE SUBDMSION MAP FOR VILLAGE ONE AND PHASE I-A OF VILLAGE FIVE OF THE OTA Y RANCH SPA ONE, CHULA VISTA TRACT 96-04 WHEREAS, the property which is the subject matter of this resolution is identified and described on Chula Vista Tract 96-04 and is commonly known as Village One of the Otay Ranch SPA One ('Property'), and; WHEREAS, Village Development filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as Otay Ranch SPA One, Chula Vista Tract 96-04, with the Planning Department of the City of Chula Vista on December 6, 1995 ('Project'), and; WHEREAS, Village Development filed a revised tentative subdivision map on August 12, 1996, and; WHEREAS, said application requests the approval for the subdivision of approximately 822 acres located south of Telegraph Canyon Road between Paseo Ranchero and the future alignment of SR-125 into 3,729 residential lots, one 10-acre school site and one proposed for the area west ofPaseo Ranchero, 26.5 acres of neighborhood parks and 18.5 acres of community purpose facility lots, and; WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Plan ('SPA Plan') previously approved by the City Council on June 4, 1996 by Resolution No. 18286 ('SPA Plan Resolution') wherein the City Council, in the environmental evaluation of said SPA Plan, relied in part on the Otay Ranch Sectional Planning Area (SPA) Plan Final Environmental Impact Report No. 95-01, SCH #95021012 ('FElR 95-01'), and; WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under Program ElR 90-01, FElR 95-01 and the addendum thereto, that is virtua1ly identical in all relevant respects, including lot size, lot numbers, lot configurations, transportation corridors, etc., to the project descriptions in said former environmental evaluations, and; WHEREAS, the City Environmental Review Coordinator has reviewed the proposed Tentative Map and determined that it is in substantial conformance with the SPA Plan and the related environmental documents therefore, no new environmental documents are necessary, and; WHEREAS, the Planning Director set the time and place for a hearing on the tentative map and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and tenants within 1,000 feet of the exterior boundaries ofthe property at least ] 0 days prior to the hearing, and; Planning Commission SPA One Tentative Map Page 2 WHEREAS, the Planning Commission has previously considered ElR 95-01 and the proposed tentative map is consistent with the project described therein and creates no additional environmental impacts as indicated in the Addendum. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the attached draft City Council Resolution recertifYing ElR 95-01 and approving the Tentative Subdivision Map for Village One only and Phase I-A of Village Five ofChula Vista Tract 96-04 in accordance with the lindings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VlST A, CALIFORNIA, this 14th day of August, 1996 by the following vote: YES: NOES: ABSENT: Frank Tarantino Chairman ATTEST: Nancy Ripley Secretary c:\pc'Vlphla.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CllliLA VISTA APPROVING THE TENTATIVE SUBDIVISION MAP FOR VILLAGE ONE AND PHASE I-A OF VILLAGE FIVE OF THE OT A Y RANCH SPA ONE, CHULA VISTA TRACT 96- 04, AND MAKING THE NECESSARY FINDINGS, RECERTIFYlNG FINAL ENVIRONMENTAL IMPACT REPORT FEIR 95-01 (SCH #95021012) AND READOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE FEIR WHEREAS, the property which is the subject matter of this resolution is identified and described on Chula Vista Tract 96-04 and is commonly known as Otay Ranch Sectional Planning Area (SPA) One ('Property'), and; WHEREAS, Village Development filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as Otay Ranch SPA One, Chula Vista Tract 96-04, with the Planning Department of the City of Chula Vista on December 6, 1995 ('Project'), and; WHEREAS, Village Development filed a revised tentative subdivision map on August 12, 1996, and; WHEREAS, said application requested the approval for the revised subdivision of approximately 822 acres located south of Telegraph Canyon Road between Paseo Ranchero and the future alignment of SR-125 into 3,729 residential lots, one 10-acre school site and one proposed for the area west of Paseo Ranchero, 26.5 acres of neighborhood parks and 18.5 acres of community purpose facility lots, and; WHEREAS, the development of the Property has been the subject matter of a General Development Plan ('GDP') previously approved by the City Council on October 28, 1993 by Resolution No. 17298 and as amended on May 14, 1996 by Resolution No. 18285 ('GDP Resolution') wherein the City Counci~ in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH #9010154 ('Program EIR 90-01'), and; WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Plan ('SPA Plan') previously approved by the City Council on June 4, 1996 by Resolution No. 18286 ('SPA Plan Resolution') wherein the City Council, in the environmental evaluation of said SPA Plan, relied in part on the Otay Ranch SPA Plan Final Environmental Impact Report No. 95-01, SCH # 95021012 ('FEIR 95-01'), and; Resolution No. Page 2 WHEREAS, this Project is a subsequent actIVIty in the program of development environmentally evaluated under Program EIR 90-01, FEIR 95-01, and addendum thereto, that is virtually identical in all relevant respects, including lot size, lot numbers, lot configurations, transportation corridors, etc., to the project descriptions in said former environmental evaluations, and; WHEREAS, the City Environmental Review Coordinator has reviewed the proposed Tentative Map and determined that it is in substantial conformance with the SPA Plan and the related environmental documents and determined that an Addendum was necessary, and; WHEREAS, the Planning Commission held an advertised public hearing on said project on August 14, 1996 and recertified FEIR 95-01, voted to recommend that the City Council approve the Tentative Map in accordance with the findings and conditions listed below and readopted the Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program, and; WHEREAS, the City Council set the time and place for a hearing on said tentative subdivision map application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 1,000 feet of the exterior boundaries of the property at least ten days prior to the hearing, and; WHEREAS, the hearing was held at the time and place as advertised on August 20, 1996 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, THE CITY COUNCIL finds, determines and resolves as follows: SECTION 1. CEQA Finding re Previously Examined Effects The City Council hereby finds that the Project, as a later activity to that evaluated in the Program EIR 90-01, FEIR 95-01, and addendum thereto, would have no new effects that were not examined in the preceding Program EIR 90-01 and FEIR 95-01 (Guideline 15168 (c)(1)), and; SECTION 2. CEQA Finding re Project within Scope of Prior Program EIR The City Council hereby finds that: I) there were no changes in the project from the Program EIR and the FEIR which would require revisions of said reports; 2) no substantial changes have occurred with respect to the circumstances under which the project is undertaken since the previous reports; 3) and no new information of substantial importance to the project has become available since the issuance and approval of the prior reports; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the Program EIR and FElR, and, therefore, no new environmental documents are required (Guideline 15168 (c)(2)), and; c:lcc\'Jphla.doc Resolution No. Page 3 SECTION 3. Incorporation of All Feasible Mitigation Measures and Alternatives The City does hereby adopt and incorporate herein as conditions for all approvals herein granted all applicable mitigation measures and alternatives, if any, which it has determined, by the findings made in the GDP Resolution and the SPA Resolution, to be feasible in the approval of the General Development Plan and the SPA Plan, respectively, and; SECTION 4. Notice with Later Activities The City Council does hereby give notice, to the extent required by law, that this Project is an activity within the scope of the program approved earlier in the GDP Resolution and the SPA Plan Resolution, and the Final EIR adequately describes the activity for the purposes ofCEQA (Guideline 15168 (e)). SECTION 5. General Plan Findings--Conformance to the General Plan Pursuant to Government Code Section 66473.5 in the Subdivision Map Act, the tentative subdivision map as conditioned herein for Otay Ranch SPA One, Chula Vista Tract 96-04, is in conformance with all the various elements ofthe City's General Plan, the Otay Ranch General Development Plan and Sectional Planning Area Plan based on the following: a. Land Use - The Project is a planned community which provides a variety ofland uses and residential densities ranging between 3.5 and 36.8 dwelling units per acre. The project is also consistent with General Plan policies related to grading and landforms. b. Circulation - All of the on-site and off-site public and private streets required to serve the subdivisi.on consist of Circulation Element roads and local streets in locations required by said Element. The Applicant shall construct those facilities in accordance with City standards or pay in-lieu fees in accordance with the Transportation Development Impact Fee program. c. Housing - The Applicant is required to enter into an agreement with the City to provide and implement a low and moderate income program within the Project prior to the approval of any Final Map for the Project. d. Parks and Recreation - The Project will provide a 25-acre (gross) community park, 26.5 acres (gross) of neighborhood parks and the payment of PAD fees or additional improvements as approved by the Director of Parks and Recreation In addition, a recreational trail system will be provided throughout the Project, ultimately connecting with other open space areas and trail systems in the region. e. Conservation and Open Space - The Project provides 139 acres of open space, 22.8% of the total 608 acres. A program to preserve 83% of slopes greater than 25% has been established ranch-wide and is detailed in the recirculated FEIR 95-0 I . c:\x\'lphla.doc Resolution No. Page 4 f Seismic Safety - No seismic faults have been identified in the vicinity of the Project. g. Public Safety - All public and private facilities are expected to be reachable within the threshold response times for fire and police services. h. Public Facilities - The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major project in the eastern territories. 1. Noise - The Project will include noise attenuation walls as required by an acoustic study dated June 6, 1995 prepared for the Project. In addition, all units are required to meet the standards of the UBC with regard to acceptable interior noise levels. J. Scenic Highway - The roadway design provides wide landscaped buffers along the two scenic highways, Telegraph Canyon Road and East Orange Avenue (Olympic Parkway). k. Bicycle Routes - Bicycle paths are provided throughout the Project. I. Public Buildings - The Project provides three elementary school sites and one high school site to serve the area. One elementary school site and the high school site will be off-site of the project. The project will also be subject to Public Facilities Development Impact Fees. SECTION 6. Subdivision Map Act Findings a. Balance of Housing Needs and Public Service Needs. Pursuant to Section 664 I 2.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. The development will provide for a variety of housing types ITom single family detached homes to attached single-family and multiple-family housing and will provide low and moderate priced housing consistent with regional goals. b. Opportunities for Natural Heating and Cooling Incorporated. The configuration, orientation and topography of the site partially allows for the optimum siting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. c:\ccvJphJa.doc Resolution No. Page 5 c. Finding Suitability for Residential Development. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. d. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. SECTION 7. Conditional Approval ofTentative Subdivision Map The City Council does hereby approve, subject to the following conditions, as Exhibit A attached hereto the tentative subdivision map for Village Development's portion of Village One and Phase I-A of Village Five of the OtayRanch SPA One, Chula Vista Tract 96-04. SECTION 8. CEQA Findings a. Re-adoption of Findings The Council does hereby re-approve, accept as its own and re-incorporate, as if set forth full herein, and make each and every one of the CEQA Findings attached hereto as Exhibit - b. Certain Mitigation Measures Feasible and Re-adopted As more fully identified and set forth in the Program ElR and the FElR and in the CEQA Findings for this Project, which is hereby attached hereto as Exhibit -----' the Council hereby finds that, pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, the mitigation measures described in the above referenced documents are feasible and will become binding upon the appropriate entity such as the Applicant, the City or other special districts which has to implement these specific mitigation measures. c. Feasibility of Alternatives As is also noted in the environmental documents referenced in the immediately preceding paragraph, alternatives to the Project, which were identified as potentially feasible, are hereby found not to be feasible. d. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 210816, City Council hereby re- adopts the Mitigation Monitoring and Reporting Program ('Program') set forth as Exhibit._ to this resolution and incorporated herein by reference as set forth in fulL The City Council finds that the Program is designed to ensure that, during the Project c:\ccyl ph 1 a. doc Resolution No. Page 6 implementation and operation, the Applicant and other responsible parties implement the Project components and comply with the feasible mitigation measures identified in the Findings and in the Program. e. Statement of Overriding Considerations Even after the re-adoption of all feasible mitigation measures, certain significant or potentially significant environmental affects caused by the Project or cumulatively will remain. Therefore, the City Council of the City of Chula Vista re-issues, pursuant to CEQA Guidelines Section 15093, as set forth and attached hereto, a Statement of Overriding Considerations identifYing the specific economic, social and other considerations that render the unavoidable significant adverse environmental effects still significant but acceptable. SECTION 9. Notice of Determination City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. Presented by: Approved as to form by: Gerald J. J amriska Special Planning Projects Manager Ann Moore Interim City Attorney Attachments: Exhibit: A C:\CC\'] phla.doc Resolution No. Page 7 PASSED, APPROVED and ADOPTED by the City Council of the City ofChula Vista, California, this August 20, 1996, by the following vote: YES: NOES: ABSENT: Shirley Horton, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certifY that the foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a City Council meeting held on the 20th day of August, 1996. Executed this 20th day of August, 1996. Beverly A. Authelet, City Clerk C:"'cc\'J ph] a.doc ATTACHMENT 3EXHffilTA TENTATIVE MAP - OTAY RANCH VILLAGES 1 & 5 AND PHASE lA OF VILLAGE FIVE CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a). the conditions and Code requirements set forth below shall be completed prior to the related final map as determined by the Director of Planning, Parks and Recreation and the City Engineer; (b). unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. GENERALlPRELJMlNARY 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 shaH be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or aH of the Property. For purposes of this document the term "Developer" shaH also mean "Applicant". 3. If any of the terms, covenants or conditions contained herein shaH 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 shaH 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 rrom 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 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 shaH 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 PC814CN2 . DOCCCT11CON .DOC 1.'i- 7. The terms, conditions and time limits associated with this tentative map shall be consistent with the Development Agreement approved by Ordinance # 2679 by the City Council on July 16, 1996. ENVIRONMENTAL 8. The applicant shall implement all applicable mitigation measures identified in ElR 95-01, the CEQA Findings of Fact for this Project (Exhibit *) and the Mitigation Monitoring and Reporting Program (Exhibit *). 9. The applicant shall comply with all applicable requirements of the Phase 2 Resource Management Plan (RMP) as approved by the City Council on June 4, 1996. 10. Prior to approval of any final map, the appropriate in lieu fee for conveyance ofland shall be adopted by the City Council. 11. The Applicant shall comply with any applicable requirements of the California Department of Fish and Garne, the U.S. Department of Fish and Wildlife and the U.S. Army Corps of Engineers. DESIGN 12. 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. 13...........Pedestrian.acc-ess..snall.be-previded.between.P-arcelsC-4.and.-CpF-1,....Said..ac-eess..shall.be iadicated.{')a.the':Pfe0ise.Plaa.fer.the.VH1age..~.C{')re: 14. Any proposed monumentationlsignage 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. 15. In addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each 150 square feet of slope area, one I-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and approved by the 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 map. Materials and PC814CN2.DOCCCTnCO!l.DOC ~." color used shall be compatible and all walls located in corner side-yardsor 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 Ct., Firebaugh Ct., Street C4, Bouquet Cafl)'on Drive, Little Lake...Street;...&trawberry..Valley...R{')ad;...Mend{')ta...&tr-eet;....Pa0iooa...Gt"...&anta..Delfiaa..Ave., San Dimas Ct., Hanford Ct., Rocklin Ct., Colton Ct., Rincon Point, Santa Inez Ave., Traver Ct., Vernon Ct., Lindsay St., ,......Mergan..Hill...Dr. Applegate St.and; Dunsmuir Ct., Grays{')a...Gt.; Greenfield Ct., Livingstoa I.ve., Hayford Dr., Fiddletown Dr., Saflta Flora Dr., Bull Cyn. Dr., Bueksh;}t-Dr,.;..Beleaa'&L..aHd.Gannel.Ave. 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 minimum of thirty percent of all 55 x 105 feet lots 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. 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. PCB14CN2 . DOCCCTIICCN. DOC .:2.,1, 22. Secure in accordance with Section 18.16.220 of the Municipal Code, the construction and/or construct full street improvements for all on-site and off-site streets 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 street within SPA One. Should the City Engineer deem that the construction of sidewalks along the off site portions of East Orange Avenue and East Palomar Street west of Pas eo Ranchero not be necessary to provide service to the subject subdivision, their construction may be delayed. If deemed necessary by the City En~. the developer shall"provi4~ cul-de-sac at (1) the easterly end of Morgan Hill Drive. Carmel Avenue and Santa Lucia Road. The City Engineer may approve the installation of temporary turnaround as an alternative to a permanent cul-de-sac should conditions. at the time of development. warrant such facility. The developer shall also dedicate on the appropriate final mal) the right-of-way required to extend said streets to the subdivis.ion boun~ 23. In accordance with the pre-Annexation Developement Agreement the developer shall Ggrant 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. ..ea-.the..aj}prepriate.fiHal.mapuer..earlier...;..hy..separate instrument;..jfthe.SR-125..ft-eeway.goes.fefWard..and.c~nveyaooe.{')f.the.right-ef-way.is.-required.by.the City.......Inelude..the.maintenance..~f.-said..let..ia-.anu&pefH;pacedistrict..until..transferred..t{').the..State..{')f California er its designee. 24. Install a fully activated traffic signal including interconnect wiring at the following intersections: 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 arms, 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 PC814CN2 . DOCCCTtICO!1. DOC 1.'<- 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 revised list of appropriate tree species described in the Village Design Plan which shall be approved by the Directors of Planning, Parks and Recreation and Public Works. The applicant shall provide root 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 map, where 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 prepared in 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 district to finance the Light Rail Transit. c. Fund half its fair share of the cost of construction of the two pedestrian bridges connecting Villages One to VIllage Two and Village Five to Village Six_~-1l~termined by the City Engineer based on the proportionate benefit received from the improvements. The developer shall also identifY the financing rnechanism to be used to fund said cost. 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 of 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 se!e!y responsible for the construction of s<lid bridge and mav seek. with the concurrence of the City, repayment !Tom 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 PC814 CN2 . DOccCTt1COH . DOC 2~ 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 proposing to construct Santa Madera Avenue between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), 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 with the City where the developer agrees to: I. Perform the following: a. Restore the median improvements and remove the traffic signal as directed by the City Engineer to provide only rililit-in/right-out access <it said inters.ection. This work $hall be performed at such time as La Media Road between Telegraph Canyon Road and East Palomar Street is opened for public use. +12. Remove to the satisfaction of the City Engineer the remaining "Temporary Roadway" improvements and..the medificatKms...t{') the existing..imprevements..in..Telegraph..Canyea..Rood...reauired 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. 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 dosed once the permanent road connecting Filmore Street in Village One to East Orange Avenue is opened for public use. 4. Provide a Notice in the 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 PC814CN2 . DOCCCTt1COlJ. DOC .2.-1- 5. Provide bonds in the amount determined by the City Engineer to guarantee the fullowing: . a. Restoration of the median improvements and removal of the traffic signal required to provide onlv right-in/right-out access at said intersection. Said bonds shall be provided prior to aImroval of the final map requiring the construction of La Media Road between Telegraph Canyon Road and East Palomar Street. b. fRemoval 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 Phase..;1 Village One Core or any unit thereof. 6. Provide for all costs associated with the vacation of the "Temporary Roadway" 33. Provide the necessary modifications to the 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 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 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, prior to the approval of a final map for Phase..?the Village One Core 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) of26 feet and sidewalk only on one side. 36. Provide 1) twenty feet setback on driveways rrom property line to garage and 2) sectional roll- up type garage doors at all properties rronting on streets where cul-de-sacs are 150 feet or less in PC814CN2. DOCCCTIICOl!. DOC 1.'<- length except as provided 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 facilities 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 determined by the City Engineer are provided at those locations where private facilities transverse public streets. J8,..........-Graat.en..the.fu1al.map-.ooatainingthe.prepesed.ronnectiea.te.Eastbake.Parkway..(betweea.the two existiHg Otay "Vater District parcels) a eO fuet '.vide easemeat f-or street right ef way and other public...purpeses...aloog...said...ootmeetioo........Prim..t&...appreval...ef..the...sarne.map...the..develeper...shall guaranteethe.oonstwctien.efthe..felIewmg.imprevemeats.witmn.said.60-feet..wide.easemeat., a. Pedestriar~ cart aad bicye!e improvements as determined by the City Engineer aad Planamg..Direet{')r,....:rhe.impmvemen.t..plaas..shall.be..prepared..in..such..a.way..as..t{')..aet predude.the'{')ptiea.&f.pmviding.str-eet.imprevemeats.fer..yehieu!.ar..acC<Jss.in..the..future, b. Vehicular access impr-evemerns to the existing Otay Mu!licipal "Vater District parcels as.det-erminedby.the.City.Engif!eer.aHd.the.OtayMunieipalWater.Distriet, 39. Grant on the final map containing the paseo between Neighborhoods R-8 and R-9 a 60-wide easement for street right -of-way and other public purposes. The paseo 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. PC814CN2 . DOCCCTI1CCII. DOC ~~ 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 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 map that requires construction of La Media Road between East Palomar Street and East Orange Avenue. 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 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, sorne 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 rnap. 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. GRADING AND DRAINAGE 46. Provide a setback. as approved by the City Encineer. between the propertY lines of the proposed lots and the top or toe of anv slope to be constructed at those locations where the PLQPQ~~(tW.,t<;lj.!!g.~<;ljQin~.l!Qgey'~!.QP.~.pr.QP.e.ct)'..QI.m:QP~!:!Y..Qwneg..Q)'.Q!her.~" The developer shall S~ubmit notarized letters of permission to grade for all off-site grading. 47. Submit a list of proposed Jots indicating whether the structure will be located on fill, cut or a transition between the two situations unless otherwise approved by the City Engineer PC814CN2. DOCCCTt1COJ!. DOC ~-l- 48. Comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. 49. Provide runoff detention basins or any other facility approved by the City Engineer to reduce the quantity of runoff from the development to an amount equal to or less than the present 100-year frequency runoff 50. Provide "as built" improvement and storm drain plans in DXF file format to the satisfaction of the City Engineer. 51. Grant on the appropriate final map a 15 feet minimum drainage and access easement for stormdrain lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. 52. Prior to approval of (1) the first final map or grading permit for land draining into the Poggi Canyon or (2) the first final 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, as follows: 1. Runoff detentionldesilting basin and naturalized channel in Poggi Canyon; or 2. Runoff detention Basin in Telegraph Canyon Channel 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. 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. PC814CN2 . DOCCCTrICON. DOC 1.Q~ 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 offjve years after maintenance of the facility is assumed by the City or an open space district. 53. Enter into an agreement with the City, prior to approval of the first final map or grading permit for land draining into the existing Telegraph Canyon Channe~ 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 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. 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. 54. Ensure that brow channels and ditches emanating from and/or running through City Open Space are not routed through private property and vice versa. 55. 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. 56. 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 directed by the City Engineer. The final design and types of construction materials shall be subject to approval of the Director of Planning and City Engineer. 57. Designate all drainage facilities draining private property to the point of connection with public facilities as private. 58. 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. PC814CN2 . DOCCCT~1CON. DOC 11'!, 59. 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. 60. Provide graded maintenance access roads along both sides of the proposed onsite and off site 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. 61. Obtain, prior to approval of the first final 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. 62. 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 Channe~ 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 63. 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 64. 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. 65. 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. 66. 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 A venue/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. 67. The grading plans for the intersection at East Orange AvenuefPaseo 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 (I) 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. PC814CN2.DOCCCTt1COILDOC 12'<- 68. 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. SEWER 69. 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. 70. Grant on the appropriate final 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 SP ACE/WILDLIFE PRESERV A nON General 71. 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 oflocal parks and related improvements per I, 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/l,OOO residents) of local park requirement shall be satisfied through the provision of turn-key neighborhood and pedestrian parks within SPA One. The remaining requirement (1 acrell,OOO residents) shall be satisfied through the payment of fees. 72. 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. 73. 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 74. 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). 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. PC814CN2.DOCCCTt1CO!l.DOC li't- 75. 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. 76. 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 ofP AD 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. 77. Grant in fee all designated public park lands at such time as is necessary to implement the requirements ofthe PLDO and the PFFP. 78. Pedestrian Parks (also known as mini-Darks): 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. 79. Neighborhood Parks: a. The Applicant shall pay PAD fees based on a formula of 2 acres per 1,000 residents for the first 500 dwelling units. b. The Applicant shall commence construction of the first neighborhood park in SPA One, in a location determined by the Director of Parks and Recreation, no later than issuance of the building permit for the 500th dwelling unit. c. The level of amenities required in the first phase of construction of the first neighborhood park shall be determined by the 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. d. Prior to issuance of the building permit for the 1 I 50th 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. The location of the other neighborhood park, if any, shall be determined in conjunction with the phasing study noted below. PC814CN2 . DOCCCTIICOl! .DOC 1.1."= e. 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/l,OOO 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. f. The 1.7 acre Towa Square ia Village Five shall receive 100% neighborheod park credit if..eenstroot-ed..ooasisteat..with..the..eriteria..eentaiaed..in..the..General..Development...Plaa..(-part..ll; ChapterA)..and..if..imprevemeats..censtrueted.within.theTewa..Square.receive.the..appreval..ef.the Dir~ter..ef.Parks'aHe.Reereati{')a, g. 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. 80. Communitv Parks: a. 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 Recreation. Said turn-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 2 Otay 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 acrell,OOO 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,OOOth 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 PC814CN2 . DOCCCT!ICO!l. DOC 15~ 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 1-805 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 ofChula Vista Parks and Recreation Department policy. i. The Applicant shall receive reimbursement ofP AD 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. 81. Trails/Open Space: a. The nrGt final map shall Hot be appreved until the SP f, One Open Spaee Master Plan is appr{')ved..by..tbe-DiFeet{')r..ef.P.arks..aaclReer-eatiDa,....The..Open..Spaee.Master..Plaa..shalJ..be.based upon.the..awwvedCeneeptand..Analysi5..Plan;..therequirements.efwhi(:h.are{')utliaed.ia.the.City ef..Chula..Vista...Land5Cape...Manual...and...indude;...but..are...aet...Iimited..t{')..-elemeats...sueh...as...fi.nal recrcatioaal trail alignmerns, deGign criteria, fcaciag alld phasing. b. All trails shall connect to adjoining existing and/or proposed trails in neighboring development projects, as determined by the Director of Parks and Recreation. c. 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. d. 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. e. 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. f 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. 82. Communitv Gardens: PC814CN2 . DOCCCTt1COII. DOC li~ 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 83. Prior to the approval of the first final 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 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 and Lighting Act for the Otay Valley Parcel of the Otay Ranch. This district formation shall be submitted to Council consideration prior to approval of the first final 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 into 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 Council consideration prior to approval of the first final map. c. 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 Homeowner's Association. Include a description, quantity and cost per year for the perpetual maintenance of said improvements. These lists shall include but is 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 PC814CN2 . DOCCCTIICON. DOC 17'C 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 off site), Paseo Ranchero, La Media Road, East Palomar Street (onsite and off site) and all other street parkways proposed for maintenance by the open space district or Homeowners' Association. 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 channel 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 the formation of the open space district. All costs off ormation 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. 84. Include in the CC&Rs, if applicable, the obligation of the Homeowners' Association to maintain all the facilities and improvements within the open space lots rejected by the City. PC814 CN2 . DOCCCTrICOII. DOC 18", 85. Grade a leve~ 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. 86. Ensure that all buyers ofJots 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. 87. Agree to not protest formation 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. 88. 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. 89. Provide documentation, prior to the approval ofthe first final 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. 90. 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 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. WATER 91. Provide to the City a letter from Otay Municipal Water District indicating that the assessmentslbonded indebtedness for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the parcel(s) 92. Present verification to the City Engineer in a form of a letter rrom Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. EASEMENTS 93. 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 PC814CN2 . DOCCCTtICO!!. DOC 12~ 94. Indicate on the final 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. 95. Obtain, prior to approval of the associated final map, all off-site right-of-way necessary for the installation of the required improvements. 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. 96. 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 ofthe 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. 97. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any final map that proposes private utilities or drainage facilities crossing property lines as directed by the City Engineer. 98. Grant to City on the appropriate final map two foot access easements along the rear and side property line oflots adjoining walls to be maintained 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. AGREEMENTSIFINANCIAL PC814CN2. DOCCCTr1COII. DOC -'ill+ 99. Enter into an supplemental agreement with the City, prior to approval of each final map, where the developer agrees to the following: a. That the City may withhold building permits for the subject subdivision if anyone of the following oocur: I. 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 Fund 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 Annual 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 Councilor 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 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 ofChula 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 I 00% of all the HOA members. 100. Enter into an supplementaJ agreement with the City prior to approval of the first final map, where the developer agrees to the following: PC814CN2.DOCCCT!1COJ1.DOC n-l- 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. 10 1. The applicant shall dedicate three (3) acres of buildable land, acceptable to the City of Chula Vista, within either.. Village One erViIlage.Fiv-e.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 # 1773 7. In addition, said existing agreement, dated December 1, 1994, shall be amended to permit the land dedication within eitherVillage One.{}f.ViUage.Five. 102. Prior to approval of the first final map (including any superblock, or financial final map) 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: 1) 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; 2.) 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); 3.) 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 4.) 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. 103. The Applicant shall pay, prior to approval of the first final 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. SCHOOLS 104. The applicant shall prepare and submit an application for an amendment to the Otay Ranch General Development Plan replacing the Village Seven High Schoo] location with a site in either the area west of Paseo Ranchero in Village One or the northern portion of Village Two. 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 ofthe 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 PC814 CN2 . DOCCC:Tl1CO/!. DOC ll'lc Department. This schedule is subject to modification by the School District as based on District facility needs. 105. 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. 106. 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. 107. 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 Paseo 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 108. 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. 109. 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 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" lID or 3-1/2" disks prior to the approval of each Final Map. 110. Tie the boundary of the subdivision to the California System -Zone VI (1983). Ill. The developer may file a master final map which provides for the sale of super block lots corresponding to the units and phasing or combination of units and phasing thereof. If said super block lots do not show individual lots depicted on the approved tentative map, a subsequent final map shall be filed for any lot which will be further subdivided PCB14CN2. DOCCCTt1C0I1. DOC n", All super blocks lots created shall have access to a dedicated public street. Bonds in the amounts determined by the City Engineer shall be posted prior to approval of a master final map. Said master final map shall not be considered the first final map as indicated in other conditions of approval unless said map contains single or multiple family lots shown on the tentative map. 112. Signage shall be provided at Bouquet Canyon Drive 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 map, as determined by the Planning Director and City Engineer. 113. 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 community Purpose Facility areas within the SPA One Village Cores. 114. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP), the Applicant shall fund the preparation of an annual report monitoring the development ofthe community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs 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 ofthe GDP/SRP. 115. The owners of each Village shall be responsible for retaining a project manager to coordinate the processing of discretionary permit applications originating rrom 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. 116. 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 map. 117. The applicant shall convey fee title, or upon the consent of the POM and any lien holder, an easement restricting use of the land to those permitted by the RMP, to the POM upon the recordation of each final map for an amount of land equal to the final map's obligation to convey land to the Preserve Where an easement is co~veyed, the Applicant shall be required to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Applicant shall convey fee title. Where fee title or an easement is conveyed, the subdivider shall execute a maintenance agreement with the POM stating that it is the responsibility of the Applicant to maintain the conveyed parcel until the Habitat PCB14CN2.DOCCCTt1COU.DOC l1.-l- Maintenance District has generated sufficient revenues to enable the POM to assume maintenance responsibilities. Where an easement is granted, fee title shall be granted upon demand by the POM. 118. 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, Bul!.Canyea.Drive;..Buekshet..Drive, Santa Lucia Road, BeIIena..8treet, Parker Mountain Road, Geyserville..Str-eet;..Escakm..Geurt, Sheep Ranch, Pearooa..8prings.Drive;..Pol{')..Peak Rooo;..Tuscan-.SpriHgs.Drive, Meeks Bay Drive, bittle-Lake.&treet, Harri11s 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 119. 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. PHASING 120. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CYMe) and the Otay Ranch GDP, the Applicant shall 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. .1.21:........The.Applicant.aclrnowJedges..thaHhe.Otay.Raooh.GeneraJ..Devel{')pment..Plan.is..based.{')a..a viUage..ooacept...that"pmvides...f.er...the..censtruetien...ef..multi-famiIy..h{')mes...aml..-emnmeroial...uses aleag.with.single.family..residential..hemes.withia.SPAOae:....Ihe.-Gity..ha-s..aU{')wed.the.early..phases of the project te consist almest CJ(clusivcly of siagle family detached aeighborhoods due to curreat..market..cenditiens:......H(}wever;..the..Applicant..uaderstands..that.it..is..-the..City'.s...inteat.t{') require.the-ApplicanHe.focus.development..on.enlyeneefthe.SPAOae.vil!age,cei'es.in..erder.te increase...the....viability...{')f...the...-em-e...aad...t{')...fuUiIl..-the...OOjectives.{')f...the...Otay....Ranch...Geoor.aI DevclopmeHt Plan. Inmm-der..t{')...faeilitate.thismOOjective;...the.Applicant.shallmprepare'a"pmject'phasing"updat~.te deteffHine.whicb.{')f.the..tw{')..viUages..the..Applicant..will..wacentr.ate..develepmeat..in.....-The.phasing study shall provide for the follewiag: 1) access to the high school site, community park site and neighoorheed.parkwhich.is.,*,en(}mically..and'phy-sicaUyfeasible;..2}mestablishment..(}f.aresidential phasing"'pregram..t(}..complemeat..theea-st-west..ac-eess.sel,*,tiea{East...Pal{')marStr-eet..er..East Orange.Ave!!\Je};J)..ideatiJytheviUagethatwill.bethefecusefaece1erated-develepment;A} coasideration of market conditions, product abs0FJ*iea-and-ffieiltion of appropriate product to meetdemand;.5}limitatioa.ef..publicservicesin.theviUagewhichis.netthefocus..(}faece1erated development..and;.6).provisien. .for.affordable.housing. opportunities. as..identified..in. the. approved PC814CN2 . DOCCCHICO!! .!JOC 22-l- Affef'-dable.Heusing-P.laao...The..study..shaIl..be..uadertaken.prier..te-.issuance.{')f.the..I.ISOth..lmildiag permit and shall be submitted fer !Ij3!Jroval by the Plan:1in!; Director and City Engiaeer prior te the issuaooe.{')f.the.I.;401.st.building'permit-.. The..Applieant..shaU-eater..inte-.an..agreemeat..with.the.City;...prier..te..the..approval.{')f..the..fi.rst...fi.aal map, ia '.vhich the l\pplicaat agrees to implcmeat the results ef said study as determined by the City...Ceuncil........lf.-the-.Applicant-fails..te-..irnplemeat..the..,-e5ults..{')f..the"5tudy..as-..direeted..-by..City C{')uacil;-the..Gity..C{')ua0il.may..take'5uch..actIDas..as-.it..deems.neees5ary.;..iadudiag..but..net..lirnited te.withheliliag.building.permits, 121. The applicant shall submit to the City a revised phasin~ for review and approval prior to approval of the first final map. The PFFP shall be revised where necessary to reflect the revised phasing plan 122. 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. 123. 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. The SPA One PFFP, at Applicant's expense subject to a Reimbursement Agreement, shall be updated not later than six (6) months after approval of a PFFP for the EastLake ill GDP Area, and the conclusions of such update, 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. PC814CN2.DOCCCTI1CON.DOC ~'t- CODE REQUIREMENTS 124. 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. 125. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 126. 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 DlF. f Poggi Canyon Sewer Basin DlF as may be adopted by the City in the future. g. Telegraph Canyon Basin Drainage DlF. h. Reimbursement District for Telegraph Canyon Road Phase 2 Undergrounding. Pay the amount of said fees in effect at the time of issuance of building permits. 127. 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. 128. 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. 129. Comply with Council Policy No. 570-03 if pump stations for sewer purposes are proposed. 130. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 131. The applicant shall comply with all aspects of the City of Chula Vista Landscape Manual. PC814CN2 . DOCCCT!1CO!1. DOC 27~ 132. 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). 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. 133. 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. 134. The applicant shall apply for and receive a take permit /Tom the appropriate resource agencies or comply with an approved MSCP or other equivalent IO(a) permit applicable to the property. 13 5. All proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. GATED AREAS The following conditions will be included in the final Resolution only if the City Council specifically approves the gated concept. 136. Any gates proposed on the tentative tract map are not considered to be approved unless and until specifically approved by the City Council. 13 7. Parks located within gated areas shall not receive park credit. 138. Include all private streets in separate lots. Provide on the Final Map a certificate granting to the City a public utility easement over the entire private street lots. 139. Designate all streets within gated communities as private. Design of said streets shall meet the City standards for public streets unless otherwise approved by the City Engineer. Private street cross sections shall conform to those shown on the Tentative Map. 140. Provide at all private streets with controlled access, the following features: PC814CN2 . DOCCCTtICON. DOC ~'!- a. Gates as approved by the City Engineer and the Planning Director. Gates shall be located to provide sufficient room on the private roadway to queue without interrupting traffic on public streets. b. A turn around at the location of the gate. The size and location of said turn around shall be approved by the City Engineer. c. A border between public street and private street delineated through the use of distinctive pavements. d. Provisions shall be made for emergency vehicle access as directed by the Police Chief and Fire Marshall, including but not limited to proposals for staffing, "opticon" or keypad system. e. A dedicated parking space for the gate attendant. 141. Include the right-of-way for any private portion of the 'Temporary Roadway" (Santa Madera Avenue between Telegraph Canyon Road and Morgan Hill Drive) in a separate lot. In the appropriate final map, grant said lot in fee to the City for open space and other public uses and include language in the City's Clerk Statement rejecting said lot and noting that Section 66477.2(a) of the Subdivision Map Act provides that an offer of dedication shall remain open and subject to future aoceptance by the City. The City Clerk's Statement shall also indicate that the Council action rejecting the lot will be rescinded and the open space lot accepted at such time as a public road connecting Filmore Street in Village One to East Orange Avenue is opened for public use. PCB14CN2.DOCCCTI1COII.DOC ~~