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HomeMy WebLinkAboutReso 2000-310 RESOLUTION NO. 2000-310 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE TRAILS NORTH, CHULA VISTA TRACT 00-03 I. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit A, attached hereto and incorporated herein by this reference, and commonly known as EastLake Trails North Tentative Subdivision Map, Chula Vista Tract 00- 03; and for the purpose of general description herein consists of 30.6 acres located on the east side of Hunte Parkway between Otay Lakes Road and Clubhouse Drive, within the EastLake Trails Planned Community ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on April 14, 2000, The EastLake Company ("Applicant") filed a tentative subdivision map application with the Planning and Building Department of the City of Chula Vista requesting approval of the Tentative Subdivision Map known as EastLake Trails Noah, Chula Vista Tract 00-03, in order to subdivide the Project Site into 207 single family residential lots; and 4 open space lots ("Project"); and C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements and agreements, including: 1) Master Tentative Map, Chula Vista Tract 99-03 for EastLake Trails; 2) a General Development Plan, EastLake II (EastLake I Expansion) General Development Plan previously approved by City Council Resolution No. 15198 CGDP") and amended by City Council Resolution No. 19275 on November 24, 1998; 3) the EastLake Trails Sectional Planning Area ("SPA") Plan; 4) EastLake Trails Air Quality Improvement Plan (AQIP); 5) EastLake Trails Water Conservation Plan (WCP); 6) EastLake Trails Planned Community District Regulations; 7) EastLake Trails Design Guidelines; 8) EastLake Trails Public Facilities Financing Plan; and 9) EastLake Comprehensive Affordable Housing Program, all previously approved by City Council Resolution No.19275, and Ordinance 2765 on November 24, 1998; 10) EastLake III Development Agreement, approved on February 27, 1999; and 11) EastLake Park Agreement, approved on August 8, 1998; 12) Escrow Agreement, approved on March 26, 1996; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public heating on the Project on August 9, 2000, and after heating staff presentation and public testimony, voted to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below. E. City Council Record of Applications Resolution 2000-310 ----~, Page 2 WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on August 22, 2000, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and WHEREAS, the City Clerk set the time and place for a hearing on said tentative subdivision map application and notice of said heating, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundary of the project at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. August 22, 2000, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNiNG COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on August 9, 2000, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. COMPLIANCE WITH CEQA The City Council hereby determines that this project was covered under previous FSEIR 97- 04, EastLake Trails/Greens Replanning Program and Addendum to EIR-95-04, and therefore no further action is required in accordance with the requirements of the Califomia Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista. IV. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map as conditioned herein for EastLake Trails, Chula Vista Tract No. 99-03 is in conformance with the elements of the City's General Plan, based on the following: a. Land Use The EastLake Trails Sectional Planning Area (SPA) identifies the subject site as a portion of parcel R-4 which allows for a total of 533 units. The Master Tentative Map approved 325 residential units for Parcel R-4. The 30.6 acres for the "project" request an additional 207 units. Thus the number of proposed units is consistent with the number of target units allowed per the adopted SPA Plan. Resolution 2000-310 Page 3 b. Cimulation All on-site and off-site public streets required to serve the subdivision will be constructed or DIF fees paid by the developer in accordance with the EastLake Trails Public Facilities Financing Plan. All streets required to serve the subdivision will be constructed in accordance with the City design standards and/or requirements for public streets and provide for vehicular and pedestrian connections with adjacent streets. The westerly adjoining street system was designed to handle anticipated flow of traffic from this and other area projects. The required and anticipated off site improvements shall be designed to handle this Project and future projects in the area. c. Housing The EastLake Comprehensive Affordable Housing Program has been adopted and incorporated into the EastLake Trails SPA Plan to ensure that a minimum of 10% affordable housing is provided. In addition, a mix of housing types and lot sizes for single-family, townhouses, condominium and various apartment densities will also be provided for persons of various incomes. d. Conservation The Environmental Impact Report FSEIR-97-04 and Addendnm addressed the goals and policies of the Conservation Element of the General Plan and found the development of this site to be consistent with these goals and policies. e. Parks and Recreation. Open Space An overall Master Tentative Map was previously approved for the EastLake Trails Master Plan Community. As such, the Master Tentative Map provided for parks and open space per the requirements of the adopted General Development Plan and Site Utilization Plan (SPA) for EastLake Trails. f. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. g. Safety The Fire Department and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets the City Threshold Standards for emergency services. h. Noise "' r Noise mitigation measures included in the Environmental Impact Report FSEIR-97- 04 and Addendu_m adequately address the noise policy of the General Plan. Required Resolution 2000-310 Page 4 mitigation involves the construction of sound attenuation walls along Otay Lakes Road. The project has been conditioned to require that all dwelling units be designed to preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA for all outside private patio areas. An additional acoustical study will be required prior to issuance of building permits to determine if any construction measures must be taken to ensure the above maximum noise levels are adhered to. i. Scenic Highway The project site is located adjacent to designated scenic highways (Hunte Parkway and Otay Lakes Road). Administrative design review approval will be required prior to issuance of the first final map in order to ensure the adjacent proposed development (the project) will enhance the scenic quality of the highway(s) per section 8.2 of the City of Chula Vista General Plan Land Use Element. j. Bicycle Routes Bicycle lanes have been incorporated within the EastLake Trails design and will be connected to the existing EastLake Greens SPA bicycle lane system. In addition, the public streets within the project are of adequate width to accommodate bicycle travel within the interior of the subdivision. k. Public Buildings No public buildings are proposed on the project site. The project is subject to RCT fees prior to issuance of building permits. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. C. The configuration, orientation and topography of the site partially allows for the optimum setting of lots for passive or natural heating and cooling opportunities as required by Govemment Code Section 66473.1. D. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. Resolution 2000-310 Page 5 V. GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in Tentative Subdivision Map, Chula Vista Tract 00-03 and FSEIR-97-04 and Addendum to EIR-95-04 except as modified by this Resolution. B. Implement Mitigation Measures Developer shall implement or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Supplemental Environmental Impact Report FSEIR-97- 04. Mitigation measures not listed as specific conditions of this Resolution or by the project design are incorporated by reference and shall be implemented to the satisfaction of the Environmental Review Coordinator. C. Implement previously adopted conditions of approval pertinent to the project Unless otherwise conditioned, comply, remain in compliance and implement, the terms, -., conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Map, of: 1) EastLake Trails Master Tentative Map, Chula Vista Tract 99-03, established by Resolution No. 19477 and approved by the City Council on May 4, 1999; 2) The EastLake II General Development Plan (GDP); 3) EastLake Trails Sectional Planning Area (SPA) Plan; 4) EastLake Trails Planned Commtmity District Regulations; 5) EastLake Trails Design Guidelines; 6) EastLake Trails Public Facilities Financing Plan; 7) EastLake Trails Water Conservation Plan; 8) EastLake Trails Air Quality Improvement Plan; 9) EastLake Trails Sub-area Water Master Plan; and 10) EastLake Trails Waste Water Master Plan, all approved by the Council on November 24, 1999, Resolution No. 19275 (APlans@), prior to approval of the corresponding final map. As an alternative, the Developer shall enter into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require. Also assuring that, after approval of the final map, the developer will continue to comply, remain in compliance, and implement such Plans. The Developer shall also agree to waive any claim that the adoption of a final Water Conservation Plan or Air Quality Plan constitutes an improper subsequent imposition of the condition. D. Implement Public Facilities Financing Plan Developer shall install public facilities in accordance with the EastLake Trails Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning and Building Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. Resolution 2000-3 Page 6 E. Design Approval The project is conditioned to require administrative design review approval prior to first final map approval in order to determine the appropriate development standards for the project as well as review the height of proposed acoustical walls and the design of the subdivision in relation to the adjoining scenic highways. F. Project Phasing If phasing is proposed within an individual map or through multiple final maps, the Developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of each final map. The phasing plan shall include: 1. A site plan showing the lot lines and lot numbers, the phase lines and phase numbers and number of dwelling units in each phase. 2. A table showing the phase number, the lots included in the phase and the number of units included in each phase. Improvements, facilities and dedications to be provide with each phase or unit of development shall be determined by the City Engineer and Director of Planning. The City reserves the right to conditionally approve each final map and require improvements, facilities and/or dedications as necessary to provide adequate cimulation and to meet the requirements of police and fire departments. The City Engineer and Planning Director may at their discretion, modify the sequence of improvements and construction should conditions change to warrant such revision(s). G. Tentative Subdivision Map Conditions Prior to approval of the first final map for any lot or unit unless otherwise indicated, the developer shall: STREETS, RIGHTS-OF-WAY AND PUBLIC IMPROVEMENTS 1. Construct or enter into an agreement to construct and secure in accordance with Chapter 18.16 of the Municipal Code, full street improvements for all onsite public streets shown on the Tentative Map as required for each final map in accordance with Chula Vista Design Standards, Chula Vista Street Standards, and the Chula Vista Subdivision Manual, unless otherwise approved by the City Engineer. Said improvements shall include but not be limited to: asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water, potable water, drainage facilities, street lights, traffic signals, signs, fire hydrants, and transitions to existing improvements in the manner required by the City Engineer. Resolution 2000-310 Page 7 2. Prior to approval of the first final map, construct or enter into an agreement to construct and secure, in accordance with Chapter 18.16 of the Municipal Code, the offsite improvements listed below. Said improvements shall include, but not be limited to: asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water, potable water, drainage facilities, street lights, traffic signals, signs, fire hydrants, and transitions to existing improvements in the manner required by the City Engineer. a. Improvements that have not been installed along Hunte Parkway from Otay Lakes Road to North Greensview Drive. Those improvements shall include the necessary grading and construction required to provide an 8-foot wide meandering walkway on the eastern side of Hunte Parkway and any other street improvements deemed necessary by the City Engineer. Any additional right-of-way required to accommodate the completion of said improvements shall be granted to the City prior to approval of the first final map. b. Otay Lakes Road as a full width six-lane arterial along the entire frontage of the EastLake Trails northern boundary. All offsite and onsite fight-of-way needed to construct the eastbound transition to the existing improvements and the ultimate street improvements shall be granted to the City prior to approval .~. of the first final map. The schedule for construction of the above improvements shall be determined or approved by the City Engineer prior to approval of the aforementioned first final map. The amount of the security for the above noted improvements shall be 110% times a construction cost estimate approved by the City Engineer if improvement plans have been approved by the City, 150% times the approved cost estimate if improvement plans are being processed by the City or 200% times the construction cost estimate approved by the City Engineer if improvement plans have not been submitted for City review. A lesser percentage may be required if it is demonstrated to the satisfaction of the City Engineer that sufficient data or other information is available to warrant such reduction. Include with the improvement plans for Otay Lakes Road the installation of a sottree for reclaimed water necessary to irrigate the sewer pump station property at the location along Otay Lakes Road, to the satisfaction of the City Engineer and City Open Space Coordinator. c. Reconstruction of the southwest quadrant of the intersection of Hunte Parkway and Otay Lakes Road as required by the City Engineer to improve southbound traffic driving conditions at the intersection. d. King Creek Way from Hunte Parkway to North Creekside Drive. e. North Creekside Drive from King Creek Way to the existing improvements as depicted in Chula Vista Drawing No. 99-261. Resolution 2000-3 Page 8 3. Submit and obtain approval from the Director of Planning and Building and the City Engineer for all street names. No two intersections shall have the same street name and street name suffixes shall comply with City standards. 4. Obtain approval from the City Engineer for street light locations. 5. Construct sidewalks and pedestrian ramps on all walkways to meet "Americans with Disabilities Act" standards and as approved by the City Engineer. In the event the Federal Government adopts ADA standards for street rights-of-way which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. 6. Provide a letter fi'om the Otay Water District indicating that the subdivision will be provided with adequate water service and long term water storage facilities. 7. Design all street vertical and horizontal curves and intersection sight distances to conform to the Caltrans Highway Design Manual. All streets, which intersect other streets at or near a horizontal or vertical curve, must meet intersection design sight distance requirements in accordance with City standards. Sight visibility easements shall be granted as necessary to comply with the requirements in the Caltrans "' Highway Design Manual. Lighted sag vertical curves will be permitted, with the approval of the City Engineer, at intersections per AASHTO standards 8. Provide minimum 5' wide bicycle lanes on King Creek Way from Hante Parkway to North Creekside Drive. 9. Acquire and then grant to the City all off-site rights-of-way necessary for the installation of required street improvements for the affected phase prior to approval of the first final map. 10. Notify the City at least 60 days prior to City Council consideration of the affected final map, if off-site fight-of-way cannot be obtained as required above (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 and prior to the approval of the affected final map, the developer shall: a. Pay the full cost of acquiring off-site fight-of-way or easements required by the Tentative Map conditions of approval. b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. The amount of the deposit is subject to the approval of the City Engineer. c. Prepare and submit all easement and/or right-of-way documents, plats and appraisals necessary to commence condemnation proceedings. Resolution 2000-310 Page 9 If the developer so requests, the City may use its power of eminent domain to acquire fight-of-way, easements or licenses needed for off-site improvements or work related to the tentative map. The developer shall pay all costs, both direct and indirect incurred in said acquisition. If the City does not acquire or commence proceedings for immediate possession of the property within the 120 day time limitation specified in Section 66462.5 of the State Subdivision Map Act, the condition to construct the related off-site improvements, which fall under the purview of the above mentioned Section of the Subdivision Map Act, is waived. 11. Construct a temporary turnaround or street improvements, as determined necessary by the City Engineer and Fire Marshal, at the end of temporarily stubbed streets greater than 150 ft. in length (as measured from the nearest centerline intersection). 12. Provide an interim eastbound deceleration lane along Otay Lakes Road for the entrance to park site (P-3) concurrent with the completion of P-3 if the ultimate south half-street improvements for Otay Lakes Road are not completed at that time. 13. Provide interim traffic control devices, as required by the City Engineer, to detour -,, pedestrian traffic to the nearest street crossing if a signalized pedestrian crossing is not available when the greenbelt trail is completed and connected to Otay Lakes Road and Olympic Parkway. 14. Design and construct the lane reduction transitions along King Creek Way within EastLake Trails to the satisfaction of the City Engineer. 15. Install, to the satisfaction of the City Engineer, street lights on traffic signal poles at the intersections of Hunte Parkway with King Creek Way. If a traffic signal is not required at this intersection, install standard street lighting fixtures. 16. Design and construct underground traffic signal equipment and traffic signal standards at the locations determined by the City Engineer. GRADING AND DRAINAGE 17. Submit hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. 18. Accomplish storm drain design on the basis of the requirements of the Subdivision Manual and the Grading Ordinance #1797 as mended. 19. Provide graded access to all storm drain clean outs or as otherwise approved by the City Engineer. -.~ 20. Design the storm drains and other drainage facilities to include Best Management Resolution 2000-3 Page 10 Practices to minimize non-point source pollution, satisfactory to the City Engineer. 21. Designate on the plans as private, to the first cleanout within the public fight-of-way, all storm drain systems that collect water from private property. 22. Design and construct storm drain cleanouts to not be located on slopes or in inaccessible areas for maintenance equipment. 23. Design and construct all public storm drains as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. 24. Designate as private and maintain by a Home Owner's Association all storm drain clean outs carrying private property water and determined by the City to be in areas inaccessible for maintenance equipment. Include in the CC&R's conditions and restrictions to assure proper maintenance. 25. Design and construct brow ditches to not flow over a slope greater than 10 feet in height and steeper than a 3:1. Drainage shall be collected in an inlet and carried to the bottom of the slope in an underground storm drain. 26. Provide runoffdetention facilities or demonstrate the adequacy of existing detention facilities, to be approved by the City Engineer, to assure that the maximum allowable discharge after development does not exceed pre-development discharges. The developer also needs to provide for the future maintenance of the facilities via the landscaping maintenance district. 27. Provide energy dissipators at all storm drain outlets as required by the City Engineer to maintain non-erosive flow velocities. 28. Process and obtain approval of necessary documents for the Federal Emergency Management Agency (FEMA) to revise the effective Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) for that portion of Salt Creek located within EastLake Trails, prior to City issuance of grading permit for grading proposed within Salt Creek. The City Engineer, in his discretion, may require revisions for the project area due to improvements to Salt Creek. 29. Submit to and obtain approval from the City Engineer and Director of Planning and Building for an erosion and sedimentation control plan as part of grading plans. 30. Provide a minimum of 3 feet of fiat ground access area from the face of any wall to the beginning of the slope rounding for wall maintenance, unless otherwise approved by the City Engineer. 31. Locate lot lines at the top of slopes except as approved by the City Engineer. Lots Resolution 2000-310 Page 11 shall be so graded as to drain to the street or an approved drainage system. Drainage shall not be permitted to flow over slopes or onto adjacent property. 32. Design and construct all grading and pad elevations to be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Director of Planning and Building. 33. Obtain notarized letters of permission for all off-site grading work prior to issuance of grading permit for work requiring said off-site grading. 34. Submit a list of proposed lots, prior to approval of the corresponding final map, indicating whether the structure will be located on fill, cut, or a transition between the two situations prior to approval of the first final map. 35. Design and construct the inclination of each cut or fills surface resulting in a slope to not be steeper than 2:1 (two horizontal to one vertical) except for minor slopes as herein defined. All constructed minor slopes shall be designed for proper stability considering both geological and soil properties. A minor slope may be constructed no steeper than one and one-half horizontal to one vertical (1.5:1) contingent upon: a. Submission of reports by both a soils engineer and a certified engineering geologist containing the results of surface and subsurface exploration and analysis. These results should be sufficient for the soils engineer and engineering geologist to certify that in their professional opinion, the underlying bedrock and soil supporting the slope have strength characteristics sufficient to provide a stable slope and will not pose a danger to persons or property, and b. The installation of an approved special slope planting program and irrigation system. c. "Minor Slope"is defined as a slope four (4) feet or less in vertical dimension in either cut or fill, between single family lots and not parallel to any roadway. 36. Enter into an agreement with the City wherein the City is held harmless from any liability from erosion, siltation or increase in flow of drainage resulting from this project. SEWER 37. Design all sewer access points (manholes) to be located at street centerline or at the center of a travel lane or as otherwise approved by the City Engineer. 38. Provide a sewer profile study for all deep "Local" and "Trunk" sewer lines (15' in depth or greater) which indicates that no other feasible alternative exists except for deep sewer lines. If the City Engineer approves the profile study, the deep sewer lines Resolution 2000-310 ~ Page 12 will be permitted for construction. 39. Install parallel sewer lines for sewer lines greater than 15 feet in depth if lateral lines are to be connected to these lines unless otherwise approved by the City Engineer. For sewer lines greater than 20' in depth, C900 P.V.C. shall be used from manhole to manhole. 40. Submit a letter of credit, prior to recordation of the subdivision final map for said lot, for all sanitary sewer facilities fees required for development of any lot subject to Telegraph Canyon Sewer Pumped Flows DIF. 41. Provide improved access to all sewer manholes to withstand H-20 wheel load or other loading as approved by the City Engineer. 42. Design and construct sewer access points to not be located on slopes or in inaccessible areas for maintenance equipment. 43. Provide sewer manholes at all changes of alignment of grade unless otherwise approved by the City Engineer. Sewers serving 10 or less equivalent dwelling units shall have a minimum grade of 1%. 44. Design and construct all sewers ending in a cul-de-sac with a manhole placed at the center of the cul-de-sac, tinless otherwise approved by the City Engineer. 45. Provide for the costs associated with the maintenance and the potential upgrading of the sewer pump station located at 2660 Otay Lakes Road in accordance with the agreement between the City, Pacific Bay Homes and The EastLake Company, dated January 20, 1998. 46. If a new pump station(s), or the upgrade of an existing pump station(s), is proposed to accommodate additional sewage flows from the proposed Project, the Developer shall provide a sewage capacity study when such facilitie(s) are proposed in accordance with City of Chula Vista Policy Number 570-03 (Sewage Pump Station Financing Policy). 47. Provide to the City a letter from Otay Municipal Water District indicating that the assessments/bonded indebtedness for all parcels dedicated or granted in fee to the city have been paid or that no assessments exist on the parcel(s). 48. Pay in full, prior to recordation of each final map, all sanitary sewer facilities fees required for development of all lots subject to Salt Creek Sewer Basin DIF. AGREEMENTS/FINANCIAL 49. Developer shall enter into a supplemental agreement with the City, prior to approval of each final map, where the developer agrees to the following: --~. Resolution 2000-310 Page 13 a. That the City may withhold building permits for the subject subdivision if any one of the following occur: 1. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program as may be amended from time to time. 2. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance and Growth Management Program and any amendments thereto.. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. 3. The required public facilities, as identified in the EastLake Trails PFFP or otherwise conditioned have not been completed or constructed to satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the EastLake Trails PFFP may be amended as approved by the Director of Planning "' and Building and Director of Public Works. b. 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 notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. Agree to permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit to and provide cable television service for each lot or unit within the Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the final map only to those cable television companies franchised by the City of Chula Vista the condition of such grant being that (a) such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate that placement of such conduits; and (b) any such cable company is and remains in compliance with, and promises to remain .... , in compliance with the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting Resolution 2000-310 .-,~. Page 14 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. Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. d. Developer agrees to not protest formation of a district for the maintenance of the drainage channel in Salt Creek or for the maintenance of landscaped medians, open space, and parkways along streets within and adjacent to the subdivision. e. That applicant will comply with the provisions of the City-wide Parks Master Plan when it is adopted. 50. Enter into an agreement with the City to provide affordable housing units as specified in the adopted EastLake Comprehensive Affordable Housing Program prior to approval of the first final map. OPEN SPACE/ASSESSMENTS 51. Grant Irrevocable Offers of Dedication (IOD) on the final map for Open Space lots within the subdivision. 52. Annex the project to the existing EastLake Trails (EastLake III) Homeowners Association prior to approval of the first final map for maintenance of all landscaped sloped maintenance areas, private open space lots, public street improvements and medians and parkways on King Creek Way prior to approval of the first final map. 53. Conform to the design elements of the Citys Landscape Manual for all landscaping which falls within the maintenance responsibility of the Homeowners Association unless otherwise approved by the Director of Planning and Building. 54. Maintain all decomposed granite (D.G.) walkways providing pedestrian access and connections from edge of cul-de-sacs and nearby streets by the Home Owner's Association. 55. Provide proof to the satisfaction of the City Engineer and Director of Planning and Building that all improvements located on open space lots will be incorporated into and maintained by a Home Owners Association. Include the obligation to provide for perpetual maintenance of, but not limited to, landscape and irrigation improvements, including perimeter and sound walls within open space lots, and medians and parkways on King Creek Way, Noah Creekside Drive, Hunte Parkway (from Otay Lakes Road to King Creek Way) and Otay Lakes Road (from Hunte Parkway to the easterly subdivision boundary) prior to approval of the first final map. The City Engineer and Director of Planning and Building may approve that certain of the Resolution 2000-310 Page 15 aforementioned improvements be maintained by the existing EastLake Open Space District. 56. Enter into a maintenance agreement and grant easements as necessary for landscaping maintained by a Home Owners Association within City right-of-way or such other areas required by the City. 57. Avoid installation of privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of the installation of sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: a. The developer enters into an agreement with the City where the developer agrees to the following: 1. Apply for an encroachment permit for installation of the private facilities within the public right-of-way. 2. Maintain membership in an advance notice such as the USA Dig Alert Service. 3. Mark out any private facilities owned by the developer whenever work is performed in the area. 4. The terms of this agreement shall be binding upon the successors and assigns of the developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. 58. Pay all costs associated with apportionment of assessments for all City assessment districts as a result of subdivision of lands within the boundary prior to approval of the each final map. Submit an apportionment form and provide a deposit as determined by and to the City to cover costs. 59. Prepare a disclosure form, to be signed by the home buyer, acknowledging that additional fees have been paid into the Assessment District or the Transportation DIF Fund, and that these additional fees are reflected in the purchase price of the home for those units, should the development have a density change from that indicated in the Assessment District Engineer's Report. 60. Submit all Special Tax and Assessment disclosure forms for each model size or EDU for the approval of the City Engineer. 61. Comply with the terms and conditions of the Acquisition/Financing Agreement for Assessment District 94-1, CO 94-064, approved by Council Resolution 17483 as said terms and conditions may be applicable to this development. Resolution 2000-310 -.,. Page 16 62. Design and construct all of the utilities that service open space within the limits of the open space or dedicated City right-of-way. 63. Agree to have owners of lots which have adjoining walls located within an open space lot sign a statement when purchasing their homes that they are aware that the wall is on Open Space property and that they may not modify or supplement the wall or encroach onto Open Space property. These restrictions shall be reflected in the project CC&Rs, and a copy of said restrictions shall be provided to the City for its approval. 64. Prior to the issuance of the 3501h building permit for Chula Vista Tract 99-03, prepare, submit and obtain the approval from the Director of Planning and Building for the Project's Community Park Master Plan (P- 1 and P-3.) The Community Park Master Plan shall include facilities and amenities prescribed in the forthcoming City- wide Parks Master Plan as adopted by City Council. In the event that the forthcoming City-wide Parks Master Plan is not adopted before the community park design begins, the Director of planning and Building shall determine the appropriate park facilities for the community park. 65. Prepare, submit and obtain approval by the Director of Planning and Building for detailed landscape and irrigation plans, including water management guidelines in accordance with the Chula Vista Landscape Manual and Section I1.4, Design Guidelines, of the EastLake Trails SPA for the associated landscaped areas in each final map prior to the approval of each final map. If Poplus species trees are incorporated in the EastLake Trails Landscape theme, appropriate installation methods acceptable to the Director of Planning and Building shall be prescribed in the landscape improvement plans. 66. Construct pedestrian walkway connections between the edge of all cul-de-sac termini and adjacent streets to the satisfaction of the Director of Planning and Building and City Engineer. Approval shall be obtained documented prior to the approval of each final map. 67. Relocate at Developer' s own expense, the necessary above and underground utilities serving individual homes to accommodate the required street trees within the street tree planting easement if determined necessary by the City. 68. Prior to the Approval of the first final map, Applicant shall satisfy the Parklands and Public Facilities Ordinance obligation for the 207 dwelling units with a payment to the City of Chula Vista of a minimum of $467,820.00 and the dedication to the City of a minimum of 0.54 acres of park land contained within EastLake Trails Parcel P-1 or P-3. The exact amount of each to be determined by the Director of Parks and Recreation. EASEMENTS 69. Grant on the corresponding final map minimum 15' wide easements to the City of Resolution 2000-310 Page 17 Chula Vista, as required by the City Engineer, for construction and maintenance of sewer facilities. 70. Grant on the corresponding final map minimum 15' wide easements to the City of Chula Vista, as required by the City Engineer, for construction and maintenance of storm drain facilities. 71. Grant on the corresponding final map 10' wide general utility easements, as required by the City Engineer, along street right-of-way adjacent to open space lots. 72. Grant easements for all off-site public storm drains and sewer facilities prior to approval of any final map requiring those facilities. The easements shall be the size as required by City standards unless otherwise approved by the City Engineer. 73. Grant 20' landscape buffer easements adjacent to Otay Lakes Road. 74. Grant to the City on the corresponding final map easements along all public streets within the subdivision as shown on the tentative map and in accordance with City standards unless otherwise approved by the City Engineer and the Director of Planning and Building. 75. Dedicate for public use all the streets shown on the subject tentative map within the subdivision boundary. MISCELLANEOUS 76. A summary of City responses to each of applicants waiver requests from City standards is contained within the following Table I, which includes the "Approved" or "Not Approved" status of each waiver. The summary descriptions for each waiver within Table I are brief and the approved Tentative Map should be consulted for more complete descriptions of the waiver requests. TABLE 1: TENTATIVE MAP WAIVERS WAVIER BRIEF DESCRIPTION STATUS COMMENTS NO. 1. Less than Standard 35' Long Frontage for Lots 15, 25, 26, 56, 68, 69 & 70 Approved None 2. Street intersection within horizontal curves or within 100' tangents of *Approved None horizontal curves. 3. Open Space lots shall have a minimum dimension of 10' except Lots B & C Approved None 4. Lot 79 shall have an easement (5.50') modified to vary from 0 to 5.5' to Approved None allow for retaining and 2:1 slope 5. Street Tree Easement Adjacent to residential street right of ways shall be Approved None graded with 2:1 (5: 1) slopes except where streets are higher than pad elevations Resolution 2000-3 Page 18 * The City's approval of the waiver request is contingent upon submittal of a letter from applicants Engineer-of- Work explaining that, in their professional opinion, no public safety issues will be compromised. 77. Submit "as-built" improvement and grading plans as required by the City Subdivision Manual. Additionally, provide the City said plans in a digital D.X.F. file format. 78. Submit a copy of each subdivision in a digital D.X.F. file format prior to approval of its associated final map or as requested by the City Engineer. The digital file shall be based on accurate coordinate geometry calculations and the NAD 83 State Plane Coordinate System. The digital file shall specifically include each of the following items in a separate drawing layer: a. Lot Boundaries, b. Lot Numbers, c. Subdivision Boundary, d. Right-of-Way, e. Street Centerlines, and f. Approved Street Names. Submit the digital file in accordance with City Guidelines for Digital Submittal on 3.5 disks or as otherwise approved by the City Engineer. In addition, submit as-built "" grading and improvement plans in a digital D.X.F. file format. Provide security to guarantee the ultimate submittal of grading and improvement digital files. Update electronic files after any construction pen and ink changes to the grading or improvement plans and resubmit to the City. 79. Tie the boundary of the subdivision to the Califomia System - Zone VI (1983). 80. Include in the H.O.A. CC&R's that the maintenance of all public facilities and improvements within open space areas and public right-of-way is managed by the Home Owner's Association if, in fact, the H.O.A. has such responsibility. Submit to and obtain approval of said CC&R's by the Director of Planning & Building and City Engineer prior to approval of the first final map. 81. Include in the Declaration of Covenants, conditions and restricting provisions assuring maintenance of private facilities including the private streets, private sewer and drainage systems, and the maintenance of all public facilities and improvements within open space areas and public right-of-way to be maintained by the H.O.A. Name the City of Chula Vista as party to said Declarations authorizing the City to enforce the terms and conditions in the Declarations in the same manner as any owner within the subdivision. 82. Future property owners shall be notified during escrow by a document to be initialized by the owners of the maintenance responsibility of the H.O.A. and their estimated annual cost. The form of said document shall be approved by the Director of Planning & Building and the City Engineer prior to approval of the first final map. r r a r Resolution 2000-310 Page 19 83. Submit and obtain approval by the Director of Planning and Building and City Engineer of the proposed CC&R's for the subdivision prior to approval of the first final map. 84. Modify the EastLake Trails Water Conservation Plan to incorporate all new water conservation policies adopted by the City Council. Comply and remain in compliance with said policies. 85. Prior to approval of the first final map, applicant shall prepare and submit a request and receive approval for administrative design review of proposed development standards to be utilized for the project. Said review shall also include the design of the development per Section 8.3 of the City of Chula Vista General Plan Land Use Element regarding scenic highways and the height of the proposed acoustical walls along Hunte Parkway and Otay Lakes Road. 86. 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 Developer 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 completion of all punch list items, whichever is sooner. The developer shall also provide the City Conservation Coordinator with a copy of the memo requesting street sweeping service. The memo shall include amap of areas to be swept and the date the sweeping will begin. 87. Provide the Initial Cycle of fire management/brush clearance within lots adjacent to natural open space areas subject to approval by the Fire Marshal and Director of Planning and Building. 88. Install fire hydrants every 500 feet for single family residential. Install and make operable the hydrants and 20-foot fire access roads prior to delivery of combustible building materials. 89. Submit to the Planning and Building, and Engineering Departments service availability letter from the Otay Water District prior to approval of each final map. 90. Install potable and recycled water infrastructure improvements as prescribed in the EastLake Trails Subarea Water Master Plan prepared by John Powell and Associates, September, 1998, including but not limited to the following: a. Provide a letter from OWD confirming that upon completion of the potable and recycled water infrastructure facilities, the Developer shall dedicate the improvements to the Otay Water District. Resolution 2000-3 Page 20 b. Extend the existing potable and recycled water mains in Hunte Parkway south to Olympic Parkway, and construct mains in Olympic Parkway fi'om Hunte Parkway to the Olympic Training Center. 91. Obtain State Department of Fish & Game (1603 Stream bed Alteration Agreement) and Federal (Section 404 Clean Water Act) permits, if required by those Resources Agencies, prior to approval of a permit for any grading or construction work within Salt Creek Canyon. 92. Agree to provide noise study prior to issuance first building permit to identify noise impacts generated by surrounding streets and determine the necessary mitigation measures to insure that all dwelling units will be design and constructed to preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA. The developer shall implement all mitigation measures recommended in the noise study to reduce noise impacts. 93. Prior to the first final map, applicant must provide detailed solution for the sound attenuation walls along Otay Lakes Road, per mitigation measure of FSEIR 97-04 and Addendum. 94. Agree to participate in a regional or sub-regional multi-species coastal sage scrub conservation plan prior to approval of the first final map. CODE REQUIREMENTS 95. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the final map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 96. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 97. Pay all applicable fees in accordance with the City Code and Council Policy, including, but not limited to, the following: Prior to issuance of the first building permit: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. SR-125 impact fee. e. Telegraph Canyon Pump Sewer Fee. f. Salt Creek Sewer Basin Fee. Resolution 2000-310 Page 21 98. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstration said compliance as required by the City Engineer. 99. Design all dwelling units to preclude interior noise levels over 45 dBA and shield all exterior private open space to limit noise exposure to 65 dBA. 100. Comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P .D.E. S. ) permit requirements for urban rtmoffand storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the applicant shall file notice of intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. 101. ComplywithChulaVistaMunicipalCodeSections14.04to14.18and18.54forany work proposed within the watercourse and floodplain of Salt Creek. 102. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" assessments. Submit the disclosure form for approval by the City Engineer prior to final map approval. IX. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested fights are gained by Developer or a successor in interest by the City's approval of this Resolution. X. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provision, or conditions are determined by a Court of competent jurisdiction top be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Resolution 2000-3 Page 22 Presented by Approved as to form by Robert A. Leiter ~mahee;y ~ Planning and Building Director At PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 22na day of August, 2000, by the following vote: AYES: Councilmembers: Davis, Moot, Salas, and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Padilla Shirley Ho~n~,~ayor ATTEST: STATE OF CALIFO~A ) CO~TY OF S~ DIEGO ) CITY OF C~LA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby ceaify that the foregoing Resolution No. 2000-310 was duly passed, approved, ~d adopted by the City Council at a regul~ meeting of the Chula Vista City Co~cil held on the 22" day of August, 2000. Executed this 22~d day of August, 2000. S~s~ Bigelow, City Clerk