HomeMy WebLinkAbout2010/11/23 Item 19
CITY COUNCIL
AGENDA STATEMENT
~ \ ft.- CITY OF
'i.~ (HULA VISTA
NOVEMBER 23, 2010, ItemJ~
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE
CHULA VISTA SUBDIVISION MANUAL SECTION 5-000
APPENDICES PERTAINING TO THE REFERENCING OF A
TENTATIVE SUBDIVISION MAP STANDARD
CONDITIONS LIST IN THE CITY OF CHULA VISTA
SUBDIVISION MANUAL
SUBMITTED BY: ASSISTANT CITY MANAG~RECTOR OF
DRVR[DPMEN~[CRS
REVIEWED BY: CITY MANAGE
4/5THS VOTE: YES D NO ~
SUMMARY
The Development Services Department initiated a comprehensive review of the City's
development review process in early 2009 to establish new protocol to streamline the
process, increase transparency, make the process more predictable for applicants and
reduce costs. The recommendation to adopt a formal list of tentative subdivision map
standard conditions to supplement Section 5-000 Appendices of the City's Subdivision
Manual represents one more step in the streamlining processes for applicants.
ENVIRONMENT AL REVIEW
The Environmental Review Coordinator has reviewed the proposed actIVIty for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity is not a "Project" as defined under Section 15378 of the State CEQA
Guidelines because the proposed action consists of an administrative activity of
government that will not result in direct or indirect physical changes in the environment.
Therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity is
not subject to CEQA. Thus, no environmental review is required.
RECOMMENDATION
City Council adopt the Resolution.
19-1
NOVEMBER 23, 2010, Item /1
Page 2
BOARDS/COMMISSION RECOMMENDATION
At their meeting on October 27, 2010 the Planning Commission approved a resolution
recommending that the City Council approve a resolution to amend the City's
Subdivision Manual to reference a list of standard conditions of approval for tentative
subdivision maps.
BACKGROUND
In late 2008, an effort was initiated to review the City's development process to
determine what improvements could be made to reduce redundancy, administrative costs
and processing timelines. Initial meetings were held with the Chula Vista Redevelopment
Corporation (CVRC), Planning Commission and Design Review Board (ORB) to receive
input. In early 2009, after the Citywide reorganization and formation of the Development
Services Department, a staff committee was convened to identify a series of short and
long term issues that needed to be addressed to improve the development review process.
The scope was broadened to address issues related to all divisions of the new
Department.
An "Oversight Committee" was formed in the spring of 2009 to work with staff in
identifying additional areas that needed improvement and assist in developing workable
solutions. The 25 member Oversight Committee is comprised of developers, contractors,
business owners, architects, engineers and community organizations. The Oversight
Committee has been meeting regularly to review and provide input on draft work
products developed by staff.
In April 2010 the City Council adopted new Chula Vista Municipal Code provisions that
addressed Committee recommendations regarding development review procedures,
parking regulations, and non-conforming uses/structures, planning related duties and
functions, and administrative procedures for the subdivision of land. The amendment to
the Subdivision Manual is another item that has been presented to the Oversight
Committee. A subcommittee was formed to review the draft conditions in detail.
DISCUSSION
Currently, when the City Council and Planning Commission approve a land use action
such as a tentative map they normally approve the request subject to a resolution with a
number of added conditions. These conditions typically establish requirements for street
improvements, parkland obligation, trails, grading and drainage, and other items relevant
to the project. Conditions must be met in order for a final map to be recorded on a
property. The list of conditions can be quite lengthy. Many of the conditions are
standard conditions that simply advise the applicant of normal City requirements and
procedures, and are therefore applied to almost every tentative map project.
19-2
NOVEMBER 23, 2010, Itemft
Page 3
At the present time, each staff report contains a resolution and an attachment to the
resolution containing added conditions that are recommended for a particular tentative
map project. A majority of conditions are standard and are generally reiterated in every
case. This process results in lengthy staff reports that can become cumbersome to
prepare and read and can obscure the issues unique to an individual project. The
establislunent of standard conditions of approval list supports the consistent and efficient
application of typical conditions of approval for tentative subdivision maps thereby
providing clarity and efficiencies to project applicants.
Staff has worked closely with the Oversight Committee appointed subcommittee in the
review of typical conditions related to the approval of tentative subdivision maps. Staff
and the subcommittee developed the standard conditions list over a period of
approximately three months and presented it to the Oversight Committee in June 2010 for
their review and approval.
Once the City Council approves these standard conditions through the adoption of the
attached resolution (Attachment 1), the standard conditions can be applied to a project
simply and etIiciently by referencing the applicable Council Resolution number. If a
certain standard condition were not applicable to a certain project, the project specific
resolution reference would exclude that condition. Due to the uniqueness of each
tentative map approval, resolutions pertaining to tentative map approvals will continue to
contain specialized conditions to address unique circumstances inherent in each tentative
subdivision map.
The method of applying standard conditions of approval will significantly reduce the
volume of individual Plmming Commission and City Council reports, resulting in time
and cost efficiencies, while still adequately informing project applicants of typical City
requirements.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations Section 18704.2(a)(1) is not applicable to this decision.
CURRENT YEAR FISCAL IMPACT
The Process Improvement Program has been developed in response to on-going budget
and staff reductions and the need to reduce redundancy, cost and processing timelines in
the administration of development entitlements. The administrative costs for the
development of the program have been included in the General Fund.
ONGOING FISCAL IMPACT
The first phase of the Process Improvements Program was developed with a focus on
streamlining the entitlement process to reduce stalT administration and consequently an
19-3
NOVEMBER 23. 2010, Item~
Page 4
applicant/developer's individual project costs. Since Tentative Subdivision Map projects
are subject to full cost recovery deposit accounts (primarily permits requiring a public
hearing), it is anticipated that costs savings to the applicant will be realized as a result of
creating efficiencies in preparation of standard conditions of approval. These cost savings
will be realized as reduced revenue for the Development Services Fund. The on-going
fiscal impact will depend on the number and complexity of applications that are
processed on a yearly basis.
ATTACHMENTS
1. Approved PC Resolution SUB-lO-OOl (with Standard Tentative Map Conditions)
Prepared by Joe Gamble. Landscape Planner lJ. Development Services Department
19-4
A / / ,'1C/-f/1-4 Dvr ~
RESOLUTION NO. SUB 10-01
RESOLUTION OF THE CITY OF CHULA VISTA
PLANNING COMMISSION RECOMMENDING THAT THE
CITY OF CHULA VISTA CITY COUNCIL APPROVE AN
AMENDMENT TO THE CITY OF CHULA VISTA
SUBDIVISION MANUAL SECTION 5-000 APPENDICES
PERTAINING TO THE INCLUSION OF STANDARD
CONDITIONS OF APPROVAL FOR TENTATIVE
SUBDIVISION MAPS
. .WHEREAS,in.February. 2009, the Development Services. Department initiated a.
review of the City's development process to determine what improvements could be
made to reduce redundancy, administrative costs and process timelines and create
efficiencies and maintain consistencies in the review and processing of development
applications. The effort is referred to as the Process Improvements Program
("Program"); and
WHEREAS, a staff committee was convened to identify a series of short and long
term issues that needed to be addressed to improve the development review process; and
WHEREAS, in the spring of2009, a 25 member Development Services oversight
Committee ("Oversight Committee"), comprised of developers, contractors, business
owners, architects, engineers and community organizations was formed to work with
staff in identifying additional areas that needed improvement and assist in developing
workable solutions; and
WHEREAS, the Oversight Committee has been meeting regularly to review and
provide input on draft work products developed by staff; and
WHEREAS, staff presented the first phase of the Process Improvement Program
to the Oversight Committee in February 2010 at which time the Committee unanimously
recommended that staff proceed with the first phase of the Process Improvements
Program; and
WHEREAS, the Oversight Committee appointed a Subcommittee to review the
concept of creating a standardized list of conditions of approval for tentative subdivision
maps; and
WHEREAS, staff and the subcommittee developed the standard conditions list
over a period of approximately three months and presented it to the Oversight Committee
in June 20 I 0 for there review and approval; and
19-5
Planning Commission Resolution SUB 10-001
Page 2
WHEREAS, the Oversight Committee determined that the establishment of
standard conditions of approval list supports the consistent and efficient application of
typical conditions of approval for tentative subdivision maps thereby providing clarity
and efficiencies to project applicants; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA) and has
determined that the activity is not a "Project" as defined under Section 15378 of the State
CEQA Guidelines because the proposed action consists of an administrative activity of
government that will not result in direct or indirect physical changes in the environment.
Therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity is
not subject to CEQA. Thus, no environmental review is required; and
WHEREAS, a hearing time and place was set by the Planning Commission for
consideration of the Project and notice of said hearing, together 'With its purpose, was
given by its publication in a newspaper of general circulation in the City, at least ten days
prior to the hearing; and
WHEREAS, the Planning Commission held a duly noticed public hearing to said
Project at the time and place as advertised, namely October 27, 2010 at 6 p.m. in the
Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
recommend that the City of Chula Vista City Council approve a resolution related to an
amendment to the City of Chula Vista Subdivision Manual pertaining to the inclusion of
standard conditions of approval of tentative subdivision maps as contained in Exhibit A.
BE IT FURTHER RESOLVED a copy of this resolution be transmitted to the
City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA, CALIFORNIA, this 27th day of October, 2010, by the
following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Spethman, Bringas, Liuag, Vinson, Tripp, Felber
Moctezuma
19-6
Planning Commission Resolution SUB 10-001
Page 3
Presented by
/i'
,
Approv
ATTEST:
<
Diana Vargas, Secret
.~~
19-7
RESOLUTION NO. 2010-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE
CITY OF CHULA VISTA SUBDIVISION MANUAL
SECTION 5-000 APPENDICES PERTAINING TO THE
INCLUSION OF STANDARD CONDITIONS OF APPROVAL
FOR TENTATIVE SUBDIVISION MAPS
WHEREAS, in February 2009, the Development Services Department initiated a
review of the City's development process to determine what improvements could be
made to reduce redundancy, administrative costs and process timelines and create
efficiencies and maintain consistencies in the review and processing of development
applications. The etlort is referred to as the Process Improvements Program
("Program"); and
WHEREAS, a staff committee was convened to identify a series of short and long
term issues that needed to be addressed to improve the development review process; and
WHEREAS, in the spring of 2009, a 25 member Development Services oversight
Committee ("Oversight Committee"), comprised of developers, contractors, business
owners, architects, engineers and community organizations was formed to work with
staff in identifying additional areas that needed improvement and assist in developing
workable solutions; and
WHEREAS, the Oversight Committee has been meeting regularly to review and
provide input on draft work products developed by staff; and
WHEREAS, staff presented the tirst phase of the Process Improvement Program
to the Oversight Committee in February 2010 at which time the Committee unanimously
recommended that staff proceed with the tirst phase of the Process Improvements
Program; and
WHEREAS, the Oversight Committee appointed a Subcommittee to review the
concept of creating a standardized list of conditions of approval for tentative subdivision
maps; and
WHEREAS, staff and the Subcommittee developed the standard conditions list
over a period of approximately three months and presented it to the Oversight Committee
in June 20 I 0 for there review and approval; and
19-8
Resolution
Page 2
WHEREAS, the Oversight Committee determined that the establishment of
standard conditions of approval list supports the consistent and et1icient application of
typical conditions of approval for tentative subdivision maps thereby providing clarity
and et11ciencies to project applicants; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposeu activity
for compliance with the California Environmental Quality Act (CEQA) and has
dctermineu that the activity is not a "Project" as defined under Section 15378 of the State
CEQA Guidelines because the proposed action consists of an administrative activity of
government that will not result in direct or indirect physical changes in the environment.
Therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity is
not subject to CEQA. Thus, no environmental review is required; and
WHEREAS, the Planning Commission held a duly noticed public hearing to said
Project at the time and place as advertised, namely October 27, 20 I 0 at 6 p.m. in the
Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed.
WHEREAS, the Planning Commission on October 27, 2010 approved a
Resolution recommenuing that the City Council approved an amendment to the Chula
Vista Subdivision Manual pcrtaining to the inclusion of standard conditions of approval
for tentative subuivision maps; and
WHEREAS, a hearing time and place was set by the City Council for
consideration of the Project and notice of said hearing, together with its purpose, was
given by its publication in a newspaper of general circulation in the City, at least ten days
prior to the hearing.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve a resolution related to an amendment to the City of
Chu1a Vista Subdivision Manual pertaining to the inclusion of standard conditions of
approval of tentative subdivision maps as contained in Exhibit A. Said standard
conditions shall apply to all future tentative maps, unless such conditions are specifically
waived at the time of tentative map approval by the City Council.
Presented by
Gary Halbert, AICP, PE
Assistant City Manager/
Development Services Director
19-9
Exhibit A
City of Chula Vista
Standard Tentative Map Conditions
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
Development Services and the City Engineer (b) unless otherwise specified, "dedicate" means grant
the appropriate easement, rather than fee title. Where an easement is required the applicant shall be
required to provide subordination of any prior lien and easement holders in order to ensnre that the
City has a first priority interest and rights in such land nnless otherwise excused by the City. Where
fee title is granted or dedicated to the City, said fee title shall be tree and clear of all encumbrances,
unless otherwise excused by the City.
Should cont1icting wording or standards occur between thcse conditions of approval, any conflict
shall be resolved by the City Manager or designee.
GENERAL/PRELIMINARY
I. All of the terms, covenants and conditions contained herein shall be binding upon and
inure to the benefit of the heirs, successors, assigns and representatives of the
Applicant as to any or all of the Property. (Development Services)
2. The Applicant shall comply with all requirements and guidelines of the City ofChula
Vista General Plan; the Chula Vista Municipal Code; the City's Growth Management
Ordinance; Chula Vista Landscape Manual; the Chula Vista Multiple Species
Conservation program (MSCP); the Chula Vista Subdivision Manual; the Chula Vista
Design and Construction Standards; the Chula Vista Greenbelt Master Plan; the
relevant General Development Plan; the relevant Sectional Planning Area Plan (SP A)
or Precise Plan; the relevant Public Facilities Financing Plan and Air Quality
Improvement Plan (AQIP); the Chula Vista Development Storm Water Manual; the
Water Conservation Plan (WCP); the Non-Renewable Energy Conservation Plan; and
applicable Chula Vista City Council policies, all as amended from time to time, unless
specifically moditied by the Director of Development Services. (Development
Services)
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 tenns, the City
shall have the right to revoke or modify all approvals herein granted including
issuance of building permits, deny, or further condition the subsequent approvals that
are derived from the approvals herein granted, institute and prosecute litigation to
19-10
City of Chula Vista Standard TM Conditions of Approval
Page 2
compcl 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
identitied by the City. (Development Services)
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
CEQA challenges and subsequent environmental review for the Project and any or all
entitlements and approvals issued by the City in connection with the Project.
(Development Services)
5. The Applicant shall agree to defend, indemnify and hold harmless the City and its
agents, officers and employees, from any claim, action or proceeding against the City,
or its agents, officers or employees, to attack, set aside, void Or annul any approval by
the City, including approval by its Planning Commission, City Council or any
approval by its agents, officers, or employees with regard to this subdivision pursuant
to Section 66499.37 of the State Map Act provided the City promptly notities the
Applicant of any claim, action or proceeding and on the further condition that the City
fully cooperates in the defense. (Development Services)
6. Applicant shall ensure that all franchised cable television companies ("Cable
Company") are permitted equal opportunity to place conduit and provide cable
television service to each lot within the subdivision. Applicant agrees that thc City of
Chula Vista may grant access to cable companies tranchised by the City of Chula
Vista to place conduit within the City's easement situated within the Project.
Applicant shall restrict access to the conduit to only those ti-anchised cable tclevision
companies who are, and remain in 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. (Development Services)
7. The Applicant shall agree to hold the City harmless from any liability for erosion,
siltation, habitat impact, or increased flow volume or discharge rate resulting from this
project. (Development Services)
8. The Applicant shall implement, to the satisfaction of the Director of Development
Services, all environmental impact mitigation measures identified in the project's ElR,
or Mitigated Negative Declaration, the CEQA Findings, and Mitigation Monitoring
and Reporting Program. (Development Services)
AGREEMENTS/FINANCIAL
19-11
City ofChula Vista Standard TM Conditions of Approval
Page 3
10. Prior to approval of each Final Map, the Applicant shall contract with the City's
current street sweeping franchisee, or other server approved by the Director of Public
Works to provide street sweeping for each phase of development on a frequency and
level of service comparable to that provided for similar areas of the City. The
Applicant shall cause street sweeping to commence immediately after the final
residence, in each phase, is occupied and shall continue sweeping until such time that
the City has accepted the street or 60 days after the completion of all punch list items,
whichever is shorter. The Applicant further agrees to provide the City Engineer with a
copy of the memo requesting street sweeping service, which memo shall include a
map of areas to be swept and the date the sweeping will begin. (Public Works)
11. Prior to the approval of any Final Map for the Project that contains open space, the
Applicant shall enter into an agreement to construct ami secure open space landscape
improvements within the map area if any. All landscape improvements shall be
secured in amounts as determined by the Director of Development Services and
approved in form by the City Attorney. (Development Services)
EASEMENTS
12. The Applicant shall process a joint use agreement for roads crossing other agencies
existing easements to the satisfaction of the City Attorney and the other agency prior
to the issuance of the construction permit for such a road. (Development Service.l)
13. The Applicant shall notifY the City at least 60 days prior to consideration ofthe first
Map by City if any off-site right-of-way cannot be obtained as required by the
Conditions of Approval. (Only oft~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 Applicant shall:
a. Pay the full cost of acquiring oft:site right-of-way and/or easements required
by the Conditions of Approval of the tentative map.
b. Deposit with the City the estimated cost of acquiring said right-of-way and/or
easements. Said estimate to be approved by the City Engineer.
c. Have all easements and/or right-of-way documents and plats preparcd 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-ot~
way, easements or licenses needed for off-site improvements or work related
to the Final Map. The Applicants shall pay all costs, both direct and indirect
incurred in said acquisition. (Development Services)
19-12
City ofChula Vista Standard TM Conditions of Approval
Page 4
14. Applicant shall provide easements for all off-site public storm drains and sewer
facilities prior to approval of each Final Map requiring those facilities. The easements
shall be sized as required by the City of Chula Vista Standards, unless otherwise
approved by the City Engineer. (Development Services)
FIRE
15. The Applicant shall comply with the Fire Department's standard details, guidelines,
codes and policies for Fire Prevention, as may be amended from time to time. Prior to
the issuance of any building permit( s) for the Project, the Applicant shall provide the
following items prior to delivery of combustible materials on any construction site on
the Project:
a. Water supply consisting of operational and tested fire hydrants as approved
and indicated by the Fire Department during plan check to the satisfaction of
the Fire Department. Any temporary water supply source is subject to prior
approval by the Fire Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt
surface or concrete surface, with a minimum standard width of 20 feet.
c. Street signs installed to the satisfaction of the Department of Public Works.
Temporary street signs shall be subject to the approval of the Department of
Public Works and Fire Department. Locations and identification of
temporary street signs shall be subject to review and approval by the
Department of Public Works and Fire Department. (Fire, Development
Services)
16. Applicant shall obtain the approval of the City's Fire Marshal for the timing of
construction of all internal streets in the Project. Production units require the
installation of all weather access roads, water supply and street signs, and only model
homes can have temporary access, water supply and street signs in accordance with
Chula Vista Fire Department Policy 2916.00. (Fire. Development Services)
17. Applicant shall construct a temporary turnaround or street improvements, upon the
request of and as determined necessary by the City Engineer and Fire Marshal, at the
end oftemporarily stubbed streets greater than 150 ft. in length (as measured from the
nearest street centerline intersection) when construction of the ultimate facility is
phased. (Development Service.l)
18. Applicant shall perform all necessary site brush management to the satisfaction ofthe
Fire Marshall. (Fire Department)
19-13
City of Chub Vista Standard TM Conditions of Approval
Page 5
GRADING AND DRAINAGE
19.
20.
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22.
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24.
25.
26.
Priorto approval of any Final Map that proposes to modifY a National Flood Insurance
Program Maps for the project, Applicant shall obtain the approval of a Federal
Emergency Management Agency (FEMA) of a Conditional Letter of Map Revision
(CLOMR) for the proposed change. The Applicant shall also enter into an agreement
that the grading bond shall not be reduced or released until such time as FEMA has
approved the LOMR for the project. (Development Services)
Prior to the issuance of any grading permit which impacts off-site property, the
Applicant shall deliver to the City, a notarized letter of permission to grade and drain
for all olT-site grading. (Development Services)
Applicant shall provide improved all-weather access with H-20 loading to all public
storm drain clean-outs or as otherwise approved by the City Engineer. (Development
Services)
Provide a minimum of6-inch thick Portland Cement Concrete (PCC) (reinforced with
No.4 BAR at 18 inches on center each way) designed for H-20 loading and hcavy
broom finish for those access road to retention/detention basins with grades of 10
percent or greater. All other access roads must be asphalt concrete designed to carry
H-20 loading. In addition, maintenance pads adjacent to the inlet structures shall be a
minimum of 6-inch PCC (reinforced with No.4 bar at 18 inches on center each way)
designed for H-20 loading with a heavy broom finish. (Development Services)
The Applicant shall comply with all requirements of applicable National Pollutant
Discharge Elimination System (NPDES) permits such as the General Construction
Permit (NPDES No. CAS000002), the Municipal Permit (NPDES No. CAS0108758).
or the General Industrial Permit (NPDES No. CAS000001). (Development Services)
Storm drain clean outs shall not be located on slopes or in inaccessible areas for
maintenance equipment. Public storm drains shall be installed as close to
perpendicular to the slope contours as possible but in no case greater than IS degrees
from perpendicular to the contours. (Development Services)
Prior to issuance of the Project's first mass grading permit. Applicant shall provide a
study showing that the proposed quantities of earthwork will balance for each phase.
(Development Services)
Prior to issuance of any grading permit, the Applicant shall enter into a maintenance
19-14
City ofChula Vista Standard TM Conditions of Approval
Page 6
agreement to secure the maintenance of drainage related facilities including but not
limited to the removal of silt from any temporary or permanent basins, the repair of
any downstream erosion, and to provide any resource agency permits necessary for
said maintenance. The agreement shall be in a form acceptable to the City Attorney
and the Director of Development Services and shall be for a minimum term of the
construction period and five years thereafter. The construction period is herein defined
as the period during which all building permits tributary to the basin have not been
finalcd. If any drainage facilities are to be maintained by the City the agreement shall
identify a perpetual funding mechanism and shall require the developer to provide new
resource agency permits for maintenance at the time of turnover to the City. Further,
the agreement shall require the developer provide a survey signed and sealed by a
registered Land Surveyor every two years demonstrating that all basins are built to the
lines and grades of the approved plans. The security for this maintenance agreement
shall be based on a five-year maintenance estimate approved by the City Engineer
with the first year being in cash and the subsequent four years in a bond or other type
security acceptable to the Director of Finance and the City Engineer. (Development
Service;)
27. Prior to installation of base paving and placement of curb and gutter form work related
to approved construction plans the Applicant shall demonstrate, to thc City Engineer's
satisfaction that highly expansive fill soils (with an expansion index over 90) are not
within the upper five feet of any public right of way or public easement. Applicant
shall selectively grade fill soils with an expansion index above 90 within the upper
five feet of any public right of way or propose an alternate method to mitigate
expansive soils. Said alternate method shall be subject to the approval of the City
Engineer prior to placement of curb and gutter, sidewalk or aggregate base.
Additionally, any formational materials within three feet of sub grade shall be tested
for expansion, and replaced with a soil satisfactory to the City Engineer.
(Development Services)
28. Prior to approval of a grading pernlit for the construction of a proposed naturalized
channel and/or detention, Applicant shall accomplish the following:
a. Prepare a maintenance program of all the proposed drainage and water quality
treatment facilities in the channel or basin, including but not limited to
naturalized channel, wetlands restoration areas, detention basins, and water
quality treatment facilities. The maintenance program shall include, but not
be limited to: a) a plan describing the inspection, operation and maintenance
ofthe drainage and water quality treatment faciliries including but not limited
to provisions for debris, invasive plant species as deemed necessary by the
City in perpetuity; b) an estimate of the cost of such operation and
maintenance activities; and c) a funding mechanism and schedule for
financing the maintenance program. Said maintenance program shall be
19-15
City ofChula Vista Standard TM Conditions of Approval
Page 7
subject to approval by the City Engineer. The Applicant shall be responsible
for obtaining the approval of the maintenance program from all applicable
federal and state agencies.
b. Enter into an agreement with the City of Chula Vista, wherein Applicant
agrees to the following:
i) Provide for the maintenance of all proposed drainage and water
quality treatment facilities, incluuing but not limiteu to the
naturalized urainage channel, wetlands restoration areus as allowed by
the resource agencies, detention basins, and water quality treatment
facilities until the latter to occur of: (a) maintenance of such facilities
is assumed by the City, open space district or Master Homeowner's
Association, or; (b) the City determines all erosion protection
plantings are adequately established, or runofftreatment or detention
are no longer necessary. Maintenance activities shall be conducted in
accordance with the project's approved Inspection, Operation, and
Maintenance Plan, or as approved by the City Engineer.
ii) Provide for the removal of silt, trash, and overgrown vegetation
resulting from all proposed drainage and water quality treatment
facilities, including but not limited to the naturalized drainage
channel, wetlanus restoration areas as alloweu by resource agencies,
detention basins, and water quality treatment facilities until all
upstream grading of the area contained within the Project is
completed and all erosion protection planting is adequately
established, or runoff treatment or detention are no longer necessary
as determined by the City Engineer.
iii) Provide for the removal of silt, trash, and overgrown vegetation
resulting from all proposed drainage and water quality treatment
facilities, including but not limited to the naturalized drainage
channel, wetlands restoration areas as allowed by the resource
agencies, detention basins, and water quality treatment facilities,
attributable to the Project, for a minimum period as identified in the
mitigation monitoring plan after maintenance of such facility is
accepted by the City or an appropriate Maintenance District.
iv) In the event that maintenance responsibility for any drainage
'detention, or water quality treatment facility is transferred to the City
or any other entity, such facility shall be free of silt, trash, and
overgrown vegetation, in good working order anu timctional as
designeu at the time of said transfer.
19-16
City of Chula Vista Standard TM Conditions of Approval
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c. Applicant shall provide security, satisfactory to the City Engineer,
guaranteeing the performance of the aforementioned maintenance and
siltation removal obligations. (Development Service,)
29. Applicant shall construct a protective fencing system around all proposed permancnt
detention basins, and the inlets and outlets of storm drain structures, as and when
directed by the City Engineer concurrent with the construction of the drainage facility.
The final fencing design and types of construction materials shall be subject to
approval of the City Engineer. (Development Services)
OPEN SPACE/ASSESSMENTS
30. Prior to the approval ofthe first Final "B" Map, the Applicant shall:
a. Submit evidence, acceptable to the City Engineer and the Director of
Development Services of the formation of a Master Homeowner's
Association (MHOA), or another tinancial mcchanism acceptable to the City
Manager. A Community Facilities District (CFD) is the preferred financial
mechanism for a maintenance district. If a CFD is not formed. the MHOA
shall be responsible for the maintenance ofthose landscaping improvements
that are not to be included in the proposed tinancial mechanism.
Improvements shall be maintained by the Maintenance District unless
determined otherwise by the City Engineer and the Director of Development
Serviccs. The final determination of which improvements are to be included
in the Maintenance District and those to be maintained by the MI-JOA shall
be made during the Maintenance District Proceedings. The MHOA shall be
structured to allow annexation offuture tentative map areas in the event the
City Engineer and Director of Development Services require such
annexation offuture tentative map areas. The MHOA formation documents
shall be subject to the approval of the City Attorney; and,
b. The Applicant shall submit for City's approval the CC&Rs, grant of
easements and maintenance standards and responsibility of the MHOA's for
the Open Space Areas within the Project area. The Applicant shall
acknowledge that the MHOA's maintenance of public open space, trails, etc.
may expose the City to liability. Applicant agrees to and shall establish a
MHOA that will hold the City harmless from any claims, demands, causes
of action liability or loss related to or arising from the maintenance activities
oftheMHOA; and,
c. Submit and obtain approval of the City Engineer and the Director of
Development Services of a list of all facilities and other items to be
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City ofChula Vista Standard TM Conditions of Approval
Page 9
maintained by the proposed district or HOA. Separate lists shall be
submitted for the improvements and facilities to be maintained by the
Maintenance District and those to be maintained by a Master Homeowner's
Association. Include a description, quantity and cost per year for the
perpetual maintenance of said improvements. These lists shall include but
are not limited to the following facilities and improvements:
1. All facilities located on open space lots to include but not be limited
to: walls, fences, water fountains, lighting structures, paths, trails,
access roads, drainage structures and landscaping. Each open space
lot shall also be broken down by the number of acres of: I) turf, 2)
irrigated, and 3) non-irrigated open space to aid in the estimation of a
maintenance budget thereof.
11. Medians and parkways along Project roadways, (onsite and offsite)
and all other street parkways proposed for maintenance by the
applicable Community Facilities District or Homeowners'
Association.
111. The proportional share of any proposed detention basin (temporary or
permanent) located in the applicable Sewer Basin(s). 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.
IV. The proportional share of the maintenance of any medians and
parkways along that applicable roadways as identitied in the PFFP
adjoining the development as determined by the City Engineer.
v. All water quality basins serving the Project. (Development Services)
3 l. Prior to the approval of each Final "B" Map, if an MHOA is to be formed, a
Declaration or Supplementary Declaration of Covenants, Conditions, and Restrictions
(CC&Rs) shall be submitted and subject to the approval of the Director of
Development Services. The CC&Rs shall include the following obligations of the
Master Homeowners Association:
a. A requirement that the MHOA shall maintain comprehensive general liability
insurance against liability incident to ownership or use of the following areas:
1. All open space lots that shall remain private,
11. Other Master Association property.
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City of Chula Vista Standard TM Conditions of Approval
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b. Before any revisions to provisions ofthe CC&RS that may particularly affect
the City can become effective, the City shall review said revisions and if
acceptable to the City, the City will approve said revisions. The MHOA shall
not seek approval from the City of said revisions without the prior consent of
100 percent of the holders of first mortgages or property owners within the
MHOA.
c. The MHOA shall not seek to be released by the City from the maintenance
obligations described herein without the prior consent of the City and 100
percent of the holders of first mortgages or property owners within the
MI-IOA.
d. The MHOA is required to procure and maintain a policy of comprehensi ve
general liability insurance written on a per occurrence basis in an amount not
less than one million dollars combined single limit. The policy shall be
acceptable to the City and name the City as additionally insured to the
satisfaction of the City Attorney.
e. The CC&Rs shall incorporate restrictions for each lot adjoining open space
lots containing walls maintained by the open space district to ensure that the
property owners know that the walls may not be modified or supplemented
nor may they encroach on City property.
f. The CC&Rs shall include provisions assuring maintenance and operation of
all facilities within the common areas and streets behind any gated entrances.
The facilities to be maintained include, but are not limited to: pavements,
sidewalks, street trees, street lights including power supply, street sweeping,
private drainage facilities and landscaping of private common areas.
g. The CC&Rs shall include provisions assuring MHOA membership in the
USA Dig Alert Service in perpetuity. The HOA will be required to mark out
all underground HOA facilities upon advance notice by the USA Dig Alert
Service_
h. The CC&Rs shall include provisions that provide the City has the right but
not the obligation to enforce the CC&R provisions the same as any owner in
the project.
1. The CC&R provisions setting forth restrictions in these Tentative Map
conditions may not be revised at any time without prior written pClmission of
the City.
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City ofChula Vista Standard TM Conditions of Approval
Page 11
J. The MHOA shall not dedicate or convey for public streets, land used for
private streets without approval of 100 percent of all the HOA members or
holder of first mortgages within the MHOA.
k. The CC&Rs shall contain a provision to review all proposed landscaping
within the HOA to ensure plant palettes and irrigation systems are designed
to use water efficiently. .
1. All buyers oflots adjoining open space lots containing walls maintained by
the open space district sign a statement, when purchasi ng 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 all lots.
32. Prior to issuance of any grading permit which includes Landscaping and [rrigation
(L&I) improvements to be installed in an open space lot to be maintained by the
Community Facility District (CFD), the Applicant shall place a cash deposit, or other
funding mechanism acceptable to the City, in the City's sole discretion, with the City
which will guarantee the maintenance ofthe L&1 improvements until the City accepts
said improvements. In the event the improvements are not maintained to City
standards, as determined by the City Engineer and the Director of Development
Services, the deposit shall be used to perform the maintenance. The anlount of the
deposit shall be equivalent to the estimated cost of maintaining the open space lots to
City standards for a period of six months, ("Minimum Deposit Amount"), as
determined by the City Engineer. Any unused portion of said deposit may be
iucorporated into the CFD's Reserve Account, or returned to the Applicant, according
to the following:
a. The Applicant shall maintain any landscape area designated for CFD
maintenance until such time as the CFD has the funds available for said
maintenance.
b. If the Reserve Account is at or above the Minimum Deposit Amount, the
unused portion of the deposit may be returned to the Applicant in six equal
monthly increments over the last six month's of the maintenance period if the
maintenance is being accomplished to the satisfaction of the Director of
Development Services. (Development Services)
PARKS AND OPEN SPACE
33. Prior to the approval of the first Final B Map for a project over 50 acres, the Applicant
shall prepare and submit to the Director of Development Services a comprehensive
"Project Landscape Master Plan". The Landscape Master Plan shall be approved prior
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City ofChula Vista Standard TM Conditions of Approval
Page 12
to the issuance of the first construction permit for the project. The contents of the
Landscape Master Plan shall contain the following major components unless waived
by the Director of Development Services: (Development Services)
a. Landscape Concept (includes landscape concept statement).
b. Master Planting Plan (includes trees, shrubs, and groundcovers).
c. Master Irrigation Plan (includes main 1 ine and point of connection locations).
d. Maintenance Responsibility Plan (delineates private and public property
including parks and indicates maintenance responsibility and maintenance
code for each).
e. I-Iardscape Concept and Trail Plan (identities types and finishes of paving).
f. Conceptual Wall and Fence Plan (includes type, material, height and
location).
g. Brush Management Plan (identifies brush management zones and treatments,
ifany).
h. Utility Coordination Plan (includes locations of major utility boxes and
vaults).
34. Prior to approval ofthe applicable Final Map, Applicant shall enter into a maintenance
agreement and grant easements as necessary for any landscaping or other
enhancements proposed \l;ithin the City right-of-way or such other public areas
required by the City Engineer including landscaped medians and scenic corridors
along streets within or adjacent to but outside the subject subdivision. (Development
Services)
35. [n the event Applicant requests the formation ofa Maintenance District or similar, the
Applicant shall make such request prior to the approval of the first Final A Map for
the Project, as follows:
a. Submit an application packet for formation of a Community Facilities District
(CFD), and submit the request for CFD formation to the City Council for
consideration.
b. The CFD shall be formed prior to approval of the first Final Map for the
Proj eel.
c. Subject to the approval of the Director of Public Works, Applicant shall
submit a list of amenities, acreage and costs for all Maintenance District lots
including but not limited to the cost of any detention basin maintenance and
all costs to comply with the Department of Fish and Game and the U.S.
Army Corps of Engineers permit requirements, if any.
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City of Chula Vista Standard TM Conditions of Approval
Page 13
d. The Applicant shall maintain the open space improvements for a minimum
period of one year or until such time as accepted into the Maintenance
District by the Director of Public Works. If Council does not approve the
CFD formation, another tinancing mechanism such as a Master
Homeowners Association or an endowment shall be established and
submitted to the City Council for consideration prior to approval of the lirst
Map.
e. Prior to the approval of the first Map, the Applicant shall submit an initial
cash deposit to begin the process of formation of the Maintenance District.
All costs of formation and other costs associated with the processing of the
open space relating to this project shall be borne by the Applicant.
f. The Applicant shall provide all the necessary information and materials
(e.g., Tables, diagrams, etc.) required by the City Engineer for processing the
formation of the proposed Maintenance District. (Public Works)
PUBLIC FACILITIES, UTILITIES, IMPROVEMENTS AND PHASING
36. The Applicant shall install. public facilities in accordance with the Public Facilities
Finance Plan (PFFP) or phased development as applicable and as may be amended
from time to time or as required by the City Engineer to meet threshold standards
adopted by the City of Chula Vista. At the Applicant's request, the City Engineer and
Director of Development Services may, at their discretion, modifY the sequence,
schedule, alignment and design of improvement construction should conditions
change to warrant such a revision. (Development Services)
37. Prior to the approval of a Final Map which requires over sizing of the improvements
necessary to serve other properties, the Applicant shall install all necessary
improvements to serve the project plus the necessary over sizing offacilities required
to serve such other properties to the satisfaction of the City Engineer (in accordance
with the restrictions of state law and City ordinances). Necessary over sizing of
facilities required to serve such other properties installed by the Applicant may be
subject to a reimbursement agreement. (Development Service.l)
38. The amount of the security for any required improvements not constructed at the time
of the Final Map shall be 110 percent times a construction cost estimate approved by
the City Engineer if improvement plans have been approved by the City, 150 percent
times the approved cost estimate if improvement plans are being processed by the City
or 200 percent times the construction cost estimate approved by the City Engineer if
improvement plans have not been submitted for City review. A lesser percentage may
be required ifit is demonstrated to the satisfaction of the City Engineer that sufticient
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City ofChula Vista Standard TM Conditions of Approval
Page 14
data or other information IS available to warrant such reduction. (Development
Services)
SCHOOLS
39. Prior to approval of all Final Maps which includes a school site for the Project the
Applicant shall provide evidence aud proof, to the satisfaction of the Director of
Development Services, of an agreement from the applicable School District(s)
regarding the need for the school site(s) by the district(s) for use as a school site.
(Development Services)
40. Prior to the issuance of each building permit, the Applicant(s) shall provide the City
with evidence of certitlcation by the respective school districts that any fee, charge,
dedication, or other requirements levied by the school district has been complied with
or that the district has determined the fee, charge or other requirements does not apply
to the construction. (Development Services)
41. Applicant shall agree to construct and secure, and thereafter construct and secure, to
the satisfaction of the City Engineer, the following improvements:
a. All necessary improvements for providing ingress and egress to each school
site. This requirement shall also include but is not limited to any required
moditlcation to medians, storm drainage system. street lights, and irrigation
improvements; and,
b. If warranted and upon the request of the City engineer, traffic signal
improvements for providing vehicular ingress and egress to the School site.
(Development Services)
42. For every school site within the project the Applicant shall provide a sewer manhole
and a sewer lateral. (Development Services)
SEWER
43. Applicant shall grant on the appropriate Final "B" Map a 20-foot minimum sewer ami
access easement for sewer lines located between residential units unless otherwise
directed by the City Engineer. (Development ServiceJ)
STREETS
44. Prior to issunnce of any grading permit based on plans proposing the creation of down
slopes adjacent to public or private streets, Applicant shall obtain the City Engineer's
approval of a study to determine the necessity of providing guardrail improvements at
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City of Chula Vista Standard TM Conditions of Approval
Page 15
those locations. Applicant shall construct and secure any required guardrail
improvements in conjunction with the associated grading and/or construction pennit
as determined by and to the satisfaction of the City Engineer. The guardrail shall be
installed per CalTrans Tramc Manual and Roadside Design Guide requirements to the
satisfaction of the City Engineer. (Development Services)
45. At the time and in the manner determined by City Engineer the Applicant shall install
all underground conduits, improvements, standards and luminaries for streetlights and
traffic signals in conjunction with the construction of the applicable street
improvements. In addition, the Applicant shall install mast ann, signal heads, and
associated equipment when traffic signals warrant as determined by the City Engineer.
(Development Services)
46. Applicant shall obtain the approval of the City Engineer for striping plans for all
collector or higher classification streets simultaneously with the associated
improvement plans. (Development Service.l)
47. Prior to approval of each Final Map, Applicant shall acquire and then grant to the City
all applicable oft~site rights-of-way and easements necessary for the installation of
required street improvements and/or utilities. (Development Services)
48. Applicant shall dedicate, with the applicable Final Map, for public use all the public
streets shown on the tentative map within the subdivision boundary. Prior to the
approval of the first Final Map, the Applicant shall construct or enter into an
agreement to construct and secure all street improvements as necessary to mitigate the
impacts ofthe project as required by the relevant PFFP or Environmental document.
The Applicant shall construct the public improvements and provide security
satisfactory to the City Engineer and City Attorney. (Development Services)
TRANSIT
49. Prior to the approval ofthe tirst Map, the Applicant shall enter into an agreement to
secure and install Chula Vista transit stop facilities within the tentative map boundary
at a frequency of one transit stop on each side of the street for each one-half mile of
non residential streets within the project to the satisfaction of the Director of Public
Works.
UTILITIES
50. Prior to the approval of the first Final Map proposing construction of private utilities
in the right of way the Applicant shall enter into an agreement with the City where the
Applicant agrees to the following:
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City of Chula Yista Standard TM Conditions of Approval
Page 16
a. Apply for an encroachment permit for installation of the private facilities within
the public right-ot~way; and,
b. Maintain membership in an advance notice such as the USA Dig Alert Service;
and,
c. Mark out any private facilities owned by the Applicant whenever work is
performed in the area; and, .
d. Thc terms of this agreement shall be binding upon the successors and assigns of
the Applicant.
e. Provide shutoff devices, as determined by the City Engineer, at those locations
where private facilities traverse public streets. (Development Services)
WATER
51. Prior to approval of each Final Map, present verification to the City Engineer in the
form of a letter from the applicable Water District that the subdivision will be
provided adequate water service and long-term water storage facilities. The Applicant
shall phase and install water system improvements as required bythc applicable Water
District. (Development Service.l)
OTA Y RANCH STANDARD CONDITIONS (In addilion 10 TAl conditions llhrough 51, the
following TM conditions 52 Ihrough 57 are applicable 10 projects within Ihe boundaries oflhe Glay
Ranch)
52. Applicant shall comply with all requirements and guidelines of the Otay Ranch
General Development Plan, the Otay Ranch Resource Management Plan (RMP),
Phase I and Phase 2; the Ranch Wide Affordable I-lousing Plan; Otay Ranch Overall
Design Plan; the Specific Area Plan or Sectional Planning Area (SPA) Plan and
supporting documents including: the Public Facilities Finance Plan; the City's
Standard Fiscal Impact Model, the Parks, Recreation, Open Space and Trails Plan; thc
Affordable I-lousing Plan and the Non-Renewable Energy Conservation Plan, the
Water Conservation Plan, and the Air Quality Improvement Plan, as they may be
amended from time to time. These plans may be subject to minor modifications by the
appropriate department head, with the approval of the City Manger, however, any
material modifications shall be subject to approval by the City Council. (Development
Services)
53. At the discretion of the City Engineer and pursuant to the provisions of the Growth
Management Urdinance (Section 19.09 of the CYMC) and the Otay Ranch General
Development Plan (GDP), and as they may be amended from. time to time, the
Applicant shall complete the following: (I) Fund the preparation of an annual report
monitoring the development of the community ofOtay Ranch. The annual monitoring
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City of Chula Vista Standard TM Conditions of Approval
Page 17
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; and (2) Prepare a five year
development phasing forecast identifying targeted submittal dates for future
discretionary applications (SPA's and tentative maps), projected construction dates,
corresponding public facility needs per the adopted threshold standards, and
identifying financing options for necessary facilities. (Development Services)
54. Prior to the first Map the Applicant shall cease all cattle grazing on the land to be
conveyed to the Preserve under the Conveyance Plan. In addition, the Applicant shall
ensure through the maintenance of existing fencing or gating, if sufficient, or the
construction of new fencing or gating, if deemed necessary by the City, that cattle
from adjacent areas cannot access the land being conveyed. (Development Services)
55. Prior to the approval of the first Final Map for the Project, the Applicant shall
coordinate with the City Engineer and annex the project area within the Otay Ranch
Preserve maintenance District (CFD No. 97-2) (Development Service.l)
56. Prior to recordation of each Final Map Applicant shall convey land the Otay Ranch
Preserve Owner/manager (PaM) or its designee. The Applicant shall convey fee title,
or upon the consent of the paM and any lien holder, an easement restricting use of the
land to those permitted by the RMP, to the paM upon the recordation of each Final
Map for an amount ofland 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 paM 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, access
to the satisfaction ofthe paM shall also be conveyed, and each tentati ve map shall be
subject to a condition that the Applicant shall execute a maintenance agreement with
the paM stating that it is the responsibility of the Applicant to maintain the conveyed
parcel until the Habitat Maintenance District has generated sutlicient revenues to
enable the paM to assume maintenance responsibilities. Where an easement is
granted, each tentative map is subject to a condition that fee title shall be granted upon
request by the paM. The Applicant shall maintain and manage the offered conveyance
property consistent with the RMP Phase 2 until the Preserve Community Facilities
District (CFD) has generated sutlicient revenues to enable the paM to assume
maintenance and management responsibilities. (Development Serviceo)
57. Upon request of the Director of Development Services, Applicant shall execute a
maintenance agreement with the City or its designee for the Otay Ranch Preserve.
(Development Services)
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Page 1 g
19-27
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