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HomeMy WebLinkAboutReso 2010-278RESOLUTION NO. 2010-278 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 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 of 2009, a 25 member Development Services oversight Committee ("Oversight Committee"), comprised of developers, contractors, business owners, azchitects, 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 2010, for there review and approval; and 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 Resolution No. 2010-278 Page 2 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, 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; and WHEREAS, the Planning Commission on October 27, 2010, approved a Resolution recommending that the City Council approved an amendment to the Chula Vista Subdivision Manual pertaining to the inclusion of standard conditions of approval for tentative subdivision 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 heazing. 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 Chula Vista Subdivision Manual pertaining to the inclusion of standazd conditions of approval of tentative subdivision maps as contained in Exhibit A. Said standazd conditions shall apply to all future tentative maps, unless such conditions aze specifically waived at the time of tentative map approval by the City Council. Presented by Gary al , P.E., AICP Assistant ty Manager/ Development Services Director Approved as to form by i ~~- B~. Miesfel C~ Attorne Resolution No. 2010-278 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of November 2010 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, n yor ATTEST: ~~ ~e~~ Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2010-278 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 23rd day of November 2010. Executed this 23rd day of November 2010. ~d1L.G~LL- jC ~ _ D~.t/J Donna R. Norris, CMC, City Clerk Resolution No. 2010-278 Page 4 Exhibit A City of Chula Vista Standard Tentative Map Conditions CONDITIONS OF APPROVAL Unless otherwise specified oc 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 ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be hee and cleaz of all encumbrances, unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAL/PRELIMINARY l . 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 oY' the Applicant as to any or alt of the Property. (Development Services) 2. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the Chula V ista Municipal Code; the City's Growth Managzntent Ordinance; Chula Vista Landscape Manual; the Chula Vista Multiple Species Conservation prograni (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 (SPA) or Precise Plan; the relevant Public Facilities Fntancing 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 Counci I policies, all as amended from time to time, unless specifically modified by the Director of Development Services. ('Development Services) 3. If any of the terms, covenants or conditions contauied herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to Resolution No. 2010-278 Page 5 City of Chula Vista Standard TM Conditions of Approval Page 2 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. (Development Services) 4. Applicant shall indemnify, protect, defend and hold the City harmless from .md against any and alt 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 amml 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 notifies the Applicant o f any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. (Developmen/ 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 the City of Chula Vista may grant access to cable companies franchised 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 f?anchised cable television 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 dischazge rate resulting from dils project (Development Services) 8. The Applicant shall implement, to the satisfaction of the Director of Development Services, all environmental impact mitigation measures identified in [he project's EIR; or Mitigated Negative Declaration, the CEQA Findings, and Mitigation Monitoring and Reporting Prograni. ('Developnternt Services) AGREEMENTS/FINAN Ci A L Resolution No. 2010-278 Page 6 City of Chula Vista Standard TM Conditions of Approval Page 3 10. Prior io 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 tmtil 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 s 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 W'orkr) 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 and secure open space landscape improvements within the map area if any. All landscape improvements shall be secured in amounts as determined by [he Director of Development Services and approved in form by the City Attorney. (Development Services) EASElv~NTS 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. (Develnpnrent Servicea) 13. The Applicant shall notify the City at ]east 60 days prior to consideration oY the first Map by City if any off-site right-of--way cannot be obtained as required by the Conditions of Approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the ApplieattT shall: a. Pay the full cost of acquiring off-site right-of--way and/or easements required by [he Conditions of Approval of the tentative map. b. Deposit with the City the estimated cost of acquiring said right-of--wayand/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 Applicants shall pay all costs, both direct and indirect incurred in said acquisition. (Dzvclopmenf Sen~ices) Resolution No. 2010-278 Page 7 City of Chula Vista Standard TM Conditions of Approval Page 4 ]4. 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 Sfattdards, unless otherwise approved by the City Engineer (Development Services) FIRE I5. 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. Emergencyvehicleaccessconsistingofaminimumtirstlayerofhardasphalt surface or concrete surface, with a minimum standard width of 20 fee[. 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, Develupnaent Services) 16. Applicant shall obtain the approval of the City's Fire Marshal for the timing of consuruction 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 sitms in accordance witlr Chula Vista Fire Department Policy ?916.00. (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 of temporarily stubbed streets greater than 150 R. in length (as measured from the nearest street centerline intersection) when construction of the ultimate facility is phased. (Development Service..) 18. Applicant shall perform all necessary site brush management to the satisfaction of the Fire Mazshall. (Fire Depurtment) Resolution No. 2010-278 Page 8 City of Chula Vista Standard TM Conditions of Approval Page ~ GRADING AND DRAINAGE l9. Prior to approval of any Final Map that proposes to modify aNational Flood lnsttrance Prob~ain Maps for the project, Applicant shall obtain the approval of a Federal Emergency Management Agency (FEMA) of a Conditional Letter of Mup Revisirnt (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 LOMB for the project. (Developnienr Services) 20. Prior to the issuance of any grading permit which impacts off-site property, the Applicant shall deliver to the City, a notarized letter of permission to grade and drain for all off-site grading. (Development Services) 21. 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) 22. Provide a minimum of 6-inch thick Portland Cement Concrete (PCC) (reinforced with No.4 BAR at 7 8 inches on center each way) designed for H-20 loading and heavy 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) 23. The Applicant shall comply with all requirements of applicable National Pollutant Discharge Elimination System (NPDES) permits such ss the General Construction Permit (NPDES No. CAS000002), the Municipal Permit (NPDES No. CAS0108758), or the General Industrial Permit (NPDES No. CAS000001). (Development Services) 24. Storm drain clean outs shall not be located on slopes or in inaccessible areas for maintenance equipment. Public storm drains shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. (Development Sen~ices) 25. Prior to issuance of the Project's first mass grading perniit. Applicant shall provide a study showing that the proposed quantities of earthwork will balance fur each phase. (Development Services) 26. Prior to issuance of any grading permit, the Applicant shall enter into a maintenancx Resolution No. 2010-278 Page 9 City of Chula 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 pemtits 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 constntction period and five years thereafter. The construction period is herein defined as the period dining which all building permits tributary to the basin have not been finaled. 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. Funkier, 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 yeaz being in cash and the subsequent four yeazs in a bond or other type security acceptable to the Director of Finance and the City Engineer. ('Development Servicee) 27. Priot to i nstallation of base paving and placement of curb and gutter form work related to approved construction plans the Applicant shall demonstrate, to the 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 pemtit for the construction of a proposed naturalized channel andlor 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 of the drainage and water quality treatment facilities 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 progrun. Said maintenance program shall be Resolution No. 2010-278 Page 10 City of Chula Vista Standard TM Conditions of Approval Pale 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, inchtding but not limited to the naturalized drainage channel, wetlands restoration areas 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) [he City determines all erosion protection plantings are adequately established, or runoff treatment or detention aze no longer necessary. Maintenance activities shall be conducted in accordance with the project's approved [nspection, 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 nut limited to the naturalized drainage channel, wetlands restoration areas as allowed 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, athibutable 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) [tt 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 and functional as designed at the time of said transfer. Resolution No. 2010-278 Page 11 City of Chula Vista Standard'fM Conditions of Approval Page 8 c. Applicant shall provide security, satisfactory to the City Engineer, guaranteeing the performance of the aforementioned maintenance and siltation removal obligations. (Development Services) 29. Applicant shall construct a protective fencing system around all proposed permanent detention basins, and the inlets and outlets of storm drain structures, as and when directed by the City Engineer concurrent with the construction ofthe 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 of the 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 financial mechanism acceptable to the City Manager. A Community Facilities District (CFD) is the preferred financial mechanism for a maintenance district. If a CFD is not fomted, the MHOA shall be responsible for the maintenance of those landscaping improvement that are not to be included in the proposed financial mechanism. Improvements shall be maintained by the Maintenance District unless determined otherwise by the City Engineer and the Director of Development Services. The final determination of which improvements are to be included in the Maintenance District and those to be maintained by the MIIOA shall be made during the Maintenance District Proceedings. The M HOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Development Services reyuire such annexation of future 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 of the'MHOA; and, c Submit and obtain approval of the City Engineer and the Director of Development Services of a list of al] facilities and other items to be Resolution No. 2010-278 Page 12 City of Chula 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 cos[ per year for the perpetual maintenance of said improvements. TJtese lists shall include but are not limited to the following facilities and improvements: 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: l) turf, 21 impaled, and 3) non-in•igated open space to aid in the estimation of a maintenance budge[ thereof. ii. Medians and parkways along Project roadways, (onsite and offsite) and all other street parkways proposed for maintenance by the applicable Commwtity Facilities District or Homeowners' Association. iii. 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 identitled in the PFFP adjoining the development as determined by the City Engineer. All water quality basins serving the Project. (Development Services) 31. 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 maintaincomprehensivepeneral liability insurance against liability incident to ownership or use of the following areas: i. All open space lots that shall remain private, ii. Other Master Association property. Resolution No. 2010-278 Page 13 City of Chula Vista Standard TM Conditions of Approval Page 10 b. Before any revisions m 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 obligatio~u described herein without the prior consent of the City and 100 percent of the holders of first mortgages or property owners within the MIIOA. d. The MHOA is required to procure aad maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than one million dollazs combined single limit. The policy shall be acceptable to the City and Warne the City as additionally insured to the satisYaction 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 moditled 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 laztdscaping 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 a]! underground HOA facilities upon advance notice by the USA Dig Alert Service. h. The CCRRs shall include provisions that provide the City has the right but not the obligation to enforce the CCBR provisions the same as any owner in the project. i. The CCRR provisions setting forth restrictions in these Tentative Map conditions may not be revised at any time without prior written permission of the City. Resolution No. 2010-278 Page 14 City of Chula Vista Standard TM Conditions of Approval Page 1 ] j. The NIHOA shall not dedicate or convey for public streets, land used &x private streets without approval of 100 percent of all the FIOA members or holder of first mortgages within the MHOA. k. The CC&Rs shall contain a provision to review all proposed landscaping vvithin the HOA to ensure plant palettes and irrigation systems are designed to use water efficiently. . 1. All buyers of lots adjoining open space lots containing walls maintained by the open space district siLm a statement, when purchasing their homes, stipulating that they are aware that the walls are on City properly and that they shall not modify or supplement the wall or encroach onto City property. These restrictions shall also be incorporated in the CCR Rs for all lots. 32. Prior to issuance of any grading permit which includes Landscaping and Irrigation (L8I) 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 sale discretion, with the City which wi II guarantee the maintenance of [he L&1 improvements until the City accepts said improvements. In the event [he 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 an~ount of the deposit shall be equivalent [o the estimated cost of maintaining the open space lots to City standards for a period of six months, ("Minimum Deposit Amount'), as determined by the City Engineer Any unused portion of said deposit may be incorporated into the CFD's Reserve Account, or returned to the Applicant, according to the following: a. The Applicant shall maintain any landscape azea 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 MlnimLm] 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 ifthe maintenance is being accomplished to the satisfaction of the Director of Development Services. (Development Services) PAl2FC5 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 Resolution No. 2010-278 Page 15 City of Chula Vista Standazd 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 mainline and point of coimection locations). d. Maintenance Responsibility Plan (delineates private and public property including parks and indicates maintenance responsibility and maintenance code for each). e. Hazdscape Concept and Trail Plan (identifies types and finishes of paving). £ Conceptual Walt and Fence Plan (includes type, material, height and location). g. Brush Management Plan (identifies brush management zones and treatments, if any). h. Utility Coordination Plan (includes locations of major utility buses 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 vVithin the City right-of-way or such other public areas required by the City Engineer including landscaped medians and scenic corridor's along streets within or adjacent to but outside the subject subdivision. (Development .Services) 35. In the event Applicant requests the formation of a Maintenance District or sinular, the Applicant shall make such request prior to the approval of the first Final A Map fiir the Project, as follows: a. Submit an application packet for fomration of a Community Facilities District (CFD), and submit the request for CFD formation to the City Council fur consideration. b. The CFD shall be formed prior to approval of the first Final Map for the Project. 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 L1.S. Army Corps of Engineers permit requirements, if any. Resolution No. 2010-278 Page 16 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 financing mechanism such as a Master Homeowners Association or an endowment shall be established and submitted to [he City Counci] for consideration prior to approval of the first 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. The Applicant shall provide all the necessary information and materials (e.g., Tables, diagrams, etc.) required by the City Engineer 1'or processing the formation of the proposed Maintenance District. (Ptrhlic FI'orks) PUBLIC FACILITIES, UTILITIES, IIvIPROVENIENTS 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 V ista. 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 constntction 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 of facilities required [o 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 Services) 38. The amount of the security for any required improvements not constructed at the time of the Final Map shall be 1 10 percent times a consvuction cost estimate approved by The City Engineer i f improvement plans have been approved by the City, L SO percent times the approved cost estimate i f improvement plans aze being processed by [he 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 if it is demonstrated to the satisfaction ofthe City Engineer that sufficient Resolution No. 2010-278 Page 17 City of Chula Vista Standard TM Conditions of Approval Page 14 data or other information is available to warrant such reduction. (Development ,Services9 SCHOOLS 39. Prior to approval of all Final Maps which includes a school site for the Project the Applicant shall provide evidence and proof, to the satisfaction of the Director of Development Services, of an agreement from the applicable Schoo] District(s) regarding the need for the school site(s) by the dstrct(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 certitication 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, chazge or other requirements does no[ apply to the construction. IDevelnpntent 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 modification to medians, storm drainage system, street lights, and irrigation improvements; and, b. If warranted and upon the request of the City engineer, traffic signal improvements for providing vehicular ingress and egress to the School site. (Developnren! 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 and access easement for sewer lines located between residential units unless otherwise duetted by the City Engineer. (Developrner:t Services) STREETS 44. Prior to issuance of any grading permit based on plans proposing the creation ofdown slopes adjacent to public or private streets, Applicant shall obtain the City Engineer's approval of a study to determine the necessity of providing guazdrail improvements at Resolution No. 2010-278 Page 18 City of Chula Vista Standard Tlvl Conditions of Approval Page 15 those location.¢. Applicant shall construct and secure any required guardrail improvements in conjunction with the associated grading and/or construction permit as determined by and to the satisfaction of the City Engineer. The guardmil shall be installed per CalTrans Traff c Manual and Roadside Design Guide requirements to the satisfaction of the City Engineer (Develnlnnent Service,e) 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. (Develnprnent .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 improvemehtplans. (Develnpment.Service.+) 47. Prior to approval of each Final Map, Applicant shall acquire and then grant to the Ciry all applicable off-site rights-of--way and easements necessary for the installation of required street improvements and/or utilities. (Development Services) 48. Applicant shalt dedicate, u7tlr the applicable Final Map, for public use all the public streets shown on the tentative map within the subdivision boundary. i'rior 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 of the 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. (Uevelopntent Services) TRANSIT 49. Prior to the approval of the first 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 sweet for each one-half mile of non residential streets within the project to the satisfaction ol'the Director of Public Works. UTILITIES 50. Prior to the appioval of the first Final Map proposing construction of private utilities in the right of way the Applicant shall enter into an a~eement with the City where the Applicant agrees to the following: Resolution No. 2010-278 Page 19 City of Chula Vista Standard TM Conditions of Approval Page 16 a. Apply for an encroachment permit for installation of the private Facilities within [he public right-of-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. The terms of this agreement shall be binding upon the successors and assigns of the Applicant. e. Provide shutoff devices, as detemuned by the City Engineer, st those locations where private facilities traverse public streets. (Development Services) WATER 5 L Prior to approval of each Final Map, present verification to the Ciry 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 by the applicable Water District. ('Development Services) OTAY RANCH STANDARD CONDITIONS (!n addition to TMconditinnr 1 through ~1, the follotiving T~Ylconditions 52 through 57 are applicable Io projects within the bozmdaries ofdze Ota~+ 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 Housing 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 Citys Standard Fiscal Impact Model, the Pazks, Recreation, Open Space mtd Trails Plan; the Affordable Housing 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 Ordinance (Section 19.09 of the CVN[C) and the Otay Ranch General Development Plan (GDP), and as they may be amended from time to time, the Applicant shall complete the following: (1) Fund the preparation of an annual report monitoring the development of the community of O[ay Ranch. The annual monitoring Resolution No. 2010-278 Page 20 City of Chula Vista Standard TM Condi[ions of Approval Page 17 report will analyze the supply of and demand for, public facilities told 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 shat l 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 al] cattle grazing on the land to be conveved 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 Services) 56. Prior to recordation of each Final Map Applicant shall convey land the Otay Ranch Preserve Owner/manager (POM) or its designee. The Applicant shall convey fee title, or upon the consent of the POM and any lien holder, an easement restricting use of the land [o 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 com~ey land [o 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, access to the satisfaction of the POM shat l also be conveyed, and each tentative map shat l be subject to a condition that the Applicant 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 Maintenance District has generated sutificient revenues to enable the POM 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 POM. The Applicant shall maintain and manage the offered conveyance property consistent with the RMP Phase 2 tmtil the Preserve Community Facilities District (CFD) hss generated sufficient revenues to enable the POM to assume maintenance and management responsibilities. (Development Services) i7. 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)