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HomeMy WebLinkAboutReso 2001-220 RESOLUTION NO. 2001-220 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE CHULA VISTA GENERAL PLAN, EASTLAKE II AND III GENERAL DEVELOPMENT PLANS, EASTLAKE GREENS AND EASTLAKE TRAILS SECTIONAL PLANNING AREA (SPA) PLANS, ADOPTING A NEW SECTIONAL PLANNING AREA PLAN AND ASSOCIATED REGULATORY DOCUMENTS FOR 748 ACRES, KNOWN AS EASTLAKE III, AND LOCATED EAST OF THE EASTLAKE BUSINESS CENTER AND THE SALT CREEK OPEN SPACE CORRIDOR, BETWEEN THE FUTURE ALIGNMENT OF PROCTOR VALLEY ROAD AND THE SOUTHERN END OF WUESTE ROAD I. RECITALS A Project Site WHEREAS, the areas of land which are the subject of this Resolution are diagrammatically represented in Exhibit "A" and hereto incorporated herein by this Resolution, and commonly known as Eastlake III, EastLake Trails and portion of the EastLake Greens known as the southem "Land Swap" parcel, and for the purpose of general description herein consist of: a) 1030 acres east of the EastLake Business Center and Salt Creek open space corridor between the future alignment of Proctor Valley Road and the southern end of Wueste Road (EastLake III); b) 322 acres east of Hunte Parkway between Otay Lakes Road and Olympic Parkway (EastLake Trails); and c) 108 acres north of Olympic Parkway, east and west of EastLake Parkway (Southem "Land Swap" parcel ("Project Site"); and B. Project; Application for Discretionary Approvals WHEREAS, on January 13, 2000, The Eastlake Company (Owner) filed applications with the Planning and Building Department of the City of Chula Vista requesting amendments to the City of Chula Vista General Plan, Eastlake II and III General Development Plans (GDP) and Eastlake Greens and Trails Sectional Planning Area (SPA) Plans. The applications also request approval of a new Sectional Planning Area (SPA) plan and associated regulatory documents, including: 1) Planned Community District Regulations; 2) Design Guidelines; 3) Public Facilities Financing Plan; and 4) Comprehensive Affordable Housing Program for 748 acres known as the Eastlake III SPA ("Project"); and WHEREAS, the amendments to the EastLake Greens and EastLake Trails Sectional Planning Area (SPA) plans and associated regulatory documents consist of modifying the adopted EastLake Comprehensive Affordable Housing Program to relocate a designated affordable housing site, presently located at the northwest comer of Otay lakes Road and Hunte Resolution 2001-220 - Page 2 Parkway within the Woods neighborhood, to a multifamily site on the north side of Club House Drive in EastLake Trails. Also, change the Affordable Housing Program statistics and number of affordable units required for the project to reflect the additional dwelling units in the EastLake III GDP and SPA (see Exhibit "B"); and WHEREAS, the amendments to the Eastlake II General Development Plan, EastLake Greens and EastLake Trails Sectional Planning Area (SPA) plans and associated regulatory documents also include an amendment to the EastLake Community Purpose Facilities (CPF) Master Plan to increase the allowed CPF acreage that may be utilized for ball fields from 25 to 35 percent of the total CPF acreage required for the CPF Master Plan area. Also, the inclusion of for-profit and non-profit day-care facilities as a conditional use in the CPF land use district as represented in Exhibit C; and WHEREAS, the amendments to the Eastlake III General Development Plan in the Woods (northem 410 acres) consist of: 1) relocating the westerly 88 acres, designated Research and Limited Manufacturing, to EastLake II GDP and EastLake I SPA, and as a result, reduce the GDP overall acreage from 1030 to 942; 2) re-arrange the elementary and middle school sites; 3) remove the Park land use designation; 4) establish a new Public Quasi-public land use designation for a future fire station; and 5) change the internal circulation from a loop road to a north-south spine road as illustrated in Exhibit D; and - WHEREAS, The General Development Plan amendments for the Vistas (210 acres south of Otay Lakes Road) consists of: 1) changing the western half of this neighborhood from Low Density Residential to Low Medium; 2) re-arrange the Medium and Medium High density residential and establish a 12-acre retail commercial land use designation north of Olympic Parkway; 3) change the southem half of the Open Space land use designation along the eastern edge of the Vistas Neighborhood to Park; 4) change the internal loop-road to a single north south spine road; 5) remove the Medium High Density Residential, Professional and Administrative Commercial and Retail Commercial floating land use designations, and establish a new Public Quasi-public and High Density Residential land use districts; 6) remove the Visitor Commercial and Open Space floating land use designation and establish a Tourist Commercial land use designation on that site; and WHEREAS, as a result of the General Development Plan amendments described above, increase the number of permitted units from 1767 to 2061 (+294), and the overall density from 3.9 to 4.4 dwelling units per acre; and WHEREAS, the requested amendments to the General Plan Land Use Diagram are primarily to reflect the proposed General Development Plan amendments for the Woods and Vistas, as described above, and change the land use designation of an elongated shaped parcel, south of the Olympic Training Center from Park and Recreation to Public Quasi-public as represented in Exhibit E; and Resolution 2001-220 Page 3 WHEREAS, the changes to the Circulation Element of the General Plan consist of changing the Roadway classification of: 1) Olympic Parkway between SR-125 and Eastlake Parkway from 6-lane to 8-lane Prime Arterial; 2) Otay Lakes Road between SR-125 to Eastlake Parkway from 6-lane to 7-lane Prime Arterial; and Vistas internal roadway from Olympic Parkway to Otay Lakes Road from Class I and II collector to Class III collector, as illustrated in Exhibit F; and C. Prior Discretionary Approvals WHEREAS, prior discretionary action for the development of the southern "Land Swap" Parcels portion of the EastLake Greens has been the subject matter of a prior General Plan amendment resulting in the current land use designations on the Chula Vista General Plan in conjunction with the Otay Ranch General Development plan, and previously approved by City Council Resolution No. 17309; and, the development of the Trails portion of the Project Site has been the subject matter of 1) 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; 2) the Eastlake Trails Sectional Planning Area Plan ("SPA"); 3) Eastlake Trails Air Quality Improvement Plan (AQIP); 4) Eastlake Trails Water Conservation Plan (WCP); 5) Eastlake Trails Planned Community District Regulations; 6) Eastlake Trails Design Guidelines; 7) Eastlake Trails Public Facilities Financing Plan; and 8) Eastlake Comprehensive Affordable Housing Program, all previously approved by City Council Resolution No. 19275, and Ordinance 2765 on November 24, 1998; 8) Eastlake III Development Agreement, approved on February 27, 1999; and 9) Eastlake Park Agreement, approved on August 8, 1998; 10) Escrow Agreement, approved on March 26, 1996; and WHEREAS, prior discretionary action of the development of the EastLake III portion of the Project has been the subject matter of: 1) a prior General Plan amendment resulting in the current land use designations on the Chula Vista General Plan in conjunction with EastLake III, and previously approved by City Council Resolution No. 15412 on December 5, 1989; 2) a prior General Development Plan, resulting in the current land use designations shown on EastLake III General Development Plan, previously approved by City Council Resolution No 15413 adopted on December 5, 1989; 3) The Olympic Training Center Sectional Planning Area (SPA) Plan and Public Facilities Financing Plan approved by City Council Resolution 15599 on May 1, 1990 and amended by City Council Resolution 17326 on December 7, 1993; and D. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public heating on the Project on June 27, 2001, and voted 7-0 to forward a recommendation to the City Council on a proposal to amend the City General Plan, Eastlake II and III General Development Plan, Eastlake Greens and Trails Sectional Planning Area (SPA) plans, and adopt a new SPA for 748 acres to be known as EastLake III SPA; and Resolution 2001-220 Page 4 -. WHEREAS, The proceedings and all evidence introduce before the Planning Commission at the public heating on this project held on June 27, 2001, and the minutes and resolution resulting there from, are hereby incorporated into the record of this proceedings; and E. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the city, and its mailing to properly owners within 500 ft. of the exterior boundaries of the Project Sites at least ten days prior to the hearing. F. City Council Hearing WHEREAS, a duly called and noticed public hearing was held before the City Council on July 10, 2000 on this Project. NOW THEREFORE BE IT RESOLVED that the City Council hereby find, determine and resolve as follows: II. PREVIOUS FSEIR-01-01 AND AMENDMENT REVIEWED AND CONSIDERED FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, approved and certified FSEIR-01-01 and Addendum by Resolution No. 2001-2'*. III. APPROVAL OF GENERAL PLAN AMENDMENT The City Council approves amendments to the Chula Vista General Plan Land Use Diagram and Circulation Element as diagrammatically represented in Exhibit B-1 and B~2, to remove various floating land use designations, re-arranging the adopted residential and commercial land use districts, and establishing new land use designations at various locations as diagrammatically represented in Exhibit B-I, and to change the roadway classification of: 1) Olympic Parkway between SR-125 and Eastlake Parkway from 6-lane to 8-lane Prime Arterial; 2) Otay Lakes Road between SR-125 to Eastlake Parkway from 6-lane to 7-lane Prime Arterial; and Vistas internal roadway from Olympic Parkway to Otay Lakes Road from Class I and II collector to Class III collector. IV. GENERAL PLAN INTERNAL CONSISTENCY The City Council hereby finds and determines that the General Plan is intemally consistent and shall remain internally consistent following amendments thereof by this Resolution. Resolution 2001-220 Page 5 V. GENERAL DEVELOPMENT PLAN FINDINGS/APPROVAL A. THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL DEVELOPMENT PLAN IS IN CONFORMITY WITH iTHE PROVISIONS OF THE CHULA VISTA GENERAL PLAN, AS AMENDED. EastLake II The amendments to the EastLake II General Development Plan are primarily to incorporate amendments to the new Community Purpose!Facilities Master Plan that are being proposed as part of EastLake III project. The proposed changes are in substantial conformance with the General Plan, as amended. EastLake III The proposed GDP fully implements the concept envision in the General Plan by providing the necessary standards and guidelines for th~ preparation of implementing plans and regulatory documents for the Woods and Vistas.[ An amendment to the adopted General Plan Diagram :d Circulation Element of the General Plan is being processed concurrently, and required to establish GDP consistency with the General Plan. The land use designations included in the EastLake III GDP are those proposed as amendment to the General Plait Diagram. substantial conformance with the amended General Plan. B. A PLANNED COMMUNITY DEVELOPMENT CAN BE INITIATED BY ESTABLISHMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA PLANS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE. EastLake II The Eastlake II GDP contains four adopted SPA's and is near completion. EastLake III A new Sectional Planning Area (SPA) plan is included in the proposed project for the EastLake III residential neighborhoods. However, the 4~ acres south of the Olympic Training Center are not included in the EastLake III SPA. Thus, a separate SPA would be required for the development of this property. Resolution 2001-220 Page 6 C. IN THE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT IT WILL BE 1N HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OF THE SURROUNDING AREA AND THAT THE SITES PROPOSED FOR PUBLIC FACILITIES SUCH AS SCHOOLS, PLAYGROUNDS AND PARKS, ARE ADEQUATE TO SERVE THE ANTICIPATED POPULATION AND APPEAR ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF. EastLake II The proposed amendments do not involve new residential development. EastLake III The General Development Plan amendment proposes a residential community, with residential densities ranging from Low (0-3 du/ac) to High Density Residential (18-27 du/ac), designed in a manner that concentrates the low density housing adjacent to the open space greenbelt of the Upper and Lower Otay Reservoirs, the higher density multi- family residential units toward the southern end of the Vistas neighborhood and the moderate density housing towards the westem edge of the project. Overall, the residential densities reflected on the amended GDP are compatible with the pattern and character of development approved within the original GDP (EastLake III) with the exception that the Research and Limited Industrial and the Neighborhood Park land use designations, which are being deleted. The overall average density is similar to the adopted GDP. The proposed densities and commercial uses can be adequately served by the public facilities incorporated herein in the respective Public Facilities Financing Plan and therefore will constitute a residential and commercial environment of sustained durability and stability; Further, the proposed development will be in harmony with or provide compatible variety to the character of the surrounding area, and that the sites proposed for public facilities, such as schools, playgrotmds and parks, are adequate to serve the anticipated population and acceptable to the public authorities having jurisdiction thereof. D. ADOPTION OF AMENDED GENERAL DEVELOPMENT PLAN In light of the findings above, the amended EastLake II and III General Development Plans are hereby approved and adopted in the form presented as Attachment A and B and referenced on file in the Office of the City Clerk. Resolution 2001-220 Page 7 VI. SPA FINDINGS/APPROVAL A. THE SECTIONAL PLANNING AREA (SPA) PLANS (AS AMENDED) ARE IN CONFORMITY WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. Eastlake Greens and Trails The proposed amendment to the Comprehensive Affordable Housing Program will not affect the land use distributions outlined in the Eastlake II General Development Plan nor the Chula Vista General Plan. The primary change in the Affordable Housing Program will be to relocate the potential affordable housing site in the Woods neighborhoods to a new location in the northem portion of the Trails neighborhood. The new affordable housing site is currently zoned for multifamily residential, suitable for apartments or condominium development. EastLake III The new EastLake III Sectional Planning Area Plan reflect land use, circulation systems, and public facilities that are consistent with the EastLake III General Development Plan and the Chula Vista General Plan, as amended. B. THE SECTIONAL PLANNING AREA PLANS WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. Eastlake Greens and Trails The amendments to the Greens and Trails SPA plans are consistent with the development phasing prescribed in the EastLake Greens and Trails Public Facilities Finance Plans, and therefore will not affect the orderly development of the SPA' s. Eastlake III The EastLake III Sectional Planning Area Plan are consistent with the EastLake III Public Facilities Financing Plan, and will, therefore, promote the orderly sequentialized development of the involved Sectional Planning Area (SPA) Plan areas. C. THE EASTLAKE SECTIONAL PLANNING AREA (SPA) PLANS, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. Eastlake Greens and Trails Resolution 2001-220 Page 8 Since the new affordable housing site is proposed within a site previously zoned for multifamily residential development, the proposed change in location from the Woods neighborhood to the Trails neighborhood will not affect adjacent land use, residential enjoyment, circulation or environmental quality. EastLake III The land uses within the EastLake III SPA plan continue the development pattern of earlier phases of EastLake and therefore design to complement the existing development represent the same uses approved by the EastLake III General Development Plan, as amended, and will not adversely affect adjacent land use, residential enjoyment, circulation, or environmental quality. D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE 1N AREA, LOCATION, AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. - EastLake Greens and Trails The amendments do not involve areas planned for industrial or research uses. EastLake III The new SPA does not involve areas planned for industrial or research uses. E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDiNG AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. EastLake Greens and Trails The Eastlake Greens and Trails SPA amendments do not involve these Institutional, Recreational or similar uses. EastLake Ill Resolution 2001-220 Page 9 The proposed community park in the Woods neighborhood is being deleted in exchange for an expansion of a nearby community park in the Rolling Hills Ranch Development. This larger facility will be available to the residents within the Woods neighborhood. Park facilities will also be provided for within the Vistas neighborhood, south of Otay Lakes Road. Other facilities necessary to support the proposed residential and commercial development will be constructed in accordance with the Public Facilities Financing Plan. F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. Eastlake Greens and Trails While it is anticipated there will be negligible impact on proposed streets and thoroughfares, an environmental assessment will be required prior to approval of any development project within the proposed affordable housing site in the Trails and any mitigation measures must be complied with. EastLake III Road improvements will be constructed per the timing requirements outlined in the Public Facilities Financing Plan. G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION (S). EastLake Greens and Trails The Eastlake Greens and Trails SPA amendment does not involve Commercial uses. Eastlake III Commercial development for EastLake III has been previously analyzed for the existing General Development Plan. The location of proposed commercial development areas is still within the same general vicinity as shown on the existing General Development Plan. These commercial uses reflect the Chula Vista General Plan and will provide needed commercial services to future residents in the area as well as visitors to the nearby Olympic Training Center. Resolution 2001-220 Page 10 H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. Eastlake Greens and Trails The new affordable housing site previously designated for multifamily use and therefore will not change the character of the neighborhood and surrounding developments. EastLake III The new SPA plan is consistent with the approved plans and regulations applicable to surrounding areas and therefore, said development can be planned and zoned in coordination and substantial compatibility with said development. The proposed SPA is consistent with the General Development Plan and Chula Vista General Plan, amended. I. In light of the findings above, the City Council does hereby approve the EastLake Greens and EastLake Trails SPA amendments and the new Eastlake III Sectional Planning Area (SPA) plan subject to the conditions set forth below: VII. SPA CONDITIONS OF APPROVAL 1. Implement, and remain in compliance with, to the satisfaction of the Director of Planning and Building, all environmental impact mitigation measures identified in SFEIR-01-01, the Candidate CEQA Findings and Mitigation Monitoring and Reporting Program for this project, a copy of which is on file in the Office of the City Clerk 2. Prior to any activity that may potentially impact biological resources, such as clearing and grubbing, the applicant shall comply with all applicable requirements prescribed in the EastLake III Woods and Vistas Replanning Program Subsequent Environmental Impact Report SEIR-01-01 and Mitigation Monitoring and Reporting Program. 3. Approval of the Eastlake III SPA does not constitute approval of the final lot configuration and street designs shown within the SPA plan. Modifications may be made by City staff, the Planning Commission, or City Council during the tentative subdivision map process. 4. Install all public facilities in accordance with the EastLake III Public Facilities Finance Plan, or as required to meet the Growth Management Threshold standards adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. Resolution 2001-220 Page 11 5. Prior to, or concurrent with approval of the initial final map, enter into an agreement with the City of Chula Vista guaranteeing the provision of affordable housing units in accordance with the amended EastLake Comprehensive Affordable Housing Program. 6. Prior to approval of the first final map, revise the Eastlake III GDP, EastLake III SPA, EastLake III Planned Community District Regulations, EastLake III Design Guidelines, EastLake Community Purpose Facility Master Plan, EastLake Comprehensive Affordable Housing Program and EastLake III Public Facilities Finance Plan documents, as modified by the City Council, and as deemed appropriate by City staff to delete strike underline text, references to previous documents, inconsistencies and other clean-up items before final printing. 7. Prior to approval of the initial final map, submit to the Planning and Building Department 20 copies of the adopted GDP, SPA, FSEIR, CEQA Findings, and Mitigation Monitoring Program in plastic 3-ring binders. Specific document format, table of contents binder size, cover and titles shall be as determine by the Director of Planning and Building Department. 8. Include the maintenance responsibility of the City's Greenbelt system in the Project' s Home Owners Association. 9. Prior to the approval of the first final map, submit and obtain approval by the Director of Planning and Building of a sales disclosure documents for the Woods West, identifying the allowable uses in the westerly adjacent Eastlake Business Center. 10. Prior to approval of the initial final map, prepare, submit and obtain approval by the Director of Planning and Building of a home owner's manual for neighborhood WR-1, outlining development parameters and design criteria for accessory structures encroaching into the privately owned slope banks along the eastern edge of the Woods neighborhood. The Owner's manual shall address the following items: 1) permitted encroachment into slope banks; 2) minimum separation between easterly adjacent greenbelt trail; 3) permitted re-grading of slopes; 4) thematic fencing along the greenbelt trail edge and within the sloped areas; 5), height, design and treatment of all accessory structures, including decks, retaining walls, landscape design and any other development standard as determined by the Director of Planning and Building. 11. Applicant acknowledges that the City is in the process of conducting an Air Quality Improvement Plan (AQIP) Pilot Study to evaluate various transportation and energy efficient land use planning and building construction measures for new development, and that the Project area is part of that Study. The Applicant further acknowledges that the AQIP Pilot Study will include cost effectiveness and feasibility analyses of the various measures under consideration, and will result in a Draft AQIP for the Project recommending which measures should be included in the Project at the present time. Resolution 2001-220 -" Page 12 12. Prior to, or concurrent with approval of the first Tentative Map for the Project, unless the Director of Planning allows other timing, the draft AQIP must be considered and acted upon by the Planning Commission and City Council. The Applicant hereby agrees to implement the final AQIP measures as approved by the City Council, and to comply and remain in compliance with said AQIP. 13. The Applicant acknowledges that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures related to new development as various technologies and/or programs change or become available. The Applicant shall modify the AQIP to incorporate those new measures, which are in effect at the time, prior to or concurrent with each Final Map approval within the Project. The new measures shall apply, as applicable, to development within all future Final Map areas, but shall not be retroactive to those areas, which received Final Map approval prior to effect of the subject new measures. 14. The Applicant acknowledges that the City is in the process of developing guidelines for the preparation of required Water Conservation Plans (WCP), and is conducting a WCP Pilot Study to evaluate various water conservation measures for new development beyond those currently mandated, and that the Project area is part of that Study. The Applicant further acknowledges that the WCP Pilot Study will include cost effectiveness and feasibility analyses of the various measures under consideration, and will result in recommending which measures should be included in the Project at the present time. 15. Prior to or concurrent with approval of the first Tentative Map for the Project, unless the Director of Planning allows other timing, the Applicant shall have prepared, submitted and obtained the approval of the Planning Commission and City Council of a WCP for the Project which incorporates the Pilot Study recommendations. The Applicant hereby agrees to implement the final WCP measures, as approved by the City Council, and to comply and remain in compliance with the WCP. 16. The Applicant acknowledges that the City Council may, from time-to-time, modify water conservation measures related to new development as various technologies and/or programs change or become available. The Applicant shall be required to modify the WCP to incorporate those new measures, which are in effect at the time, prior to, or concurrent with each Final Map approval within the Project. The new measures shall apply to development within all future Final Map areas, but shall not be retroactive to those areas which received Final Map approval prior to effect 17. Prior to approval of the Tentative Map, provide MicrosoR Word electronic copy of the EastLake III GDP, EastLake III SPA, Planned Community District Regulations, Design Guidelines, and Public Facilities Finance Plan. Resolution 2001-220 Page 13 18. Prior to approval of the initial final map, revise Exhibits PC-2a through PC-2I to reflect the property line dimensions approved in the EastLake III Master Tentative Map. 19. Prior to approval of the initial final map obtain approval from the Otay Water District of the EastLake III Sub-area Water Master Plan. 20. Add the following paragraph below the first paragraph in Section 11.2.3.4, Street Standards: "Dimensions shown on all street cross sections and intersection configuration, Exhibit 10-10f and Exhibit 11, are conceptual. Modification to these cross sections may be allowed by the City Engineer and Director of Planning and Building during the tentative or final map approval process." 21. Comply and remain in compliance with Chapter 17.10, Parklands and Public Facilities, of the Chula Vista Municipal Code. 22. Design, construct and deliver completed parks facilities to the City in accordance with the EastLake III Public Facilities Finance Plan (PFFP). 23. The applicant acknowledges and agrees to comply with the City-wide Parks Master Plan currently in the process of being prepared by the City and to modify the Project as necessary to comply with said Master Plan. 24. Revise Fencing Section of the EastLake III Design Guidelines to include thematic fencing along the perimeter of the elementary and middle school exposed to public right-of-way and open space. Include specific language, satisfactory to the Director of Planning and Building, indicating that all thematic fences along the exposed edges of the two school facilities shall be located within open space lots or easement, 10 t'~ from property lines along street edges, and maintained by the EastLake III Homeowners Association or other acceptable financing mechanism acceptable to the City, as determined by the Director of Planning and Building. 25. The applicant acknowledges and agrees to comply with the provisions of the City-wide Greenbelt Trails Master Plan currently in the process of being prepared by the City and modify the project as necessary to comply and remain in compliance with the adopted Greenbelt Trails Master Plan. 26. Prior to approval of any Tentative Map for the Project, enter into an agreement to construct within the timeframe determined by the City, the City's Greenbelt Trail along the eastern edge of the Vistas and Woods neighborhood and along the East side of the Salt Creek open space Corridor, as identified in the Trails plan of the EastLake III SPA. Resolution 2001 ~220 - Page 14 Final Greenbelt design, alignment and construction details, including fencing signage and view point amenities, shall be subject to approval by the Directors of Parks and Recreation and Planning and Building. 27. Comply with and remain in compliance with all City ordinances, policies and rules and all federal and state laws, requirements, permits and approvals required for this Project. VIII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to the their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of shall future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, instituted and prosecute litigate or compel their compliance or seek damages for their violations. No vested rights are gained by Developer or successor in interest by the City approval of this Resolution. IX. 1NVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon enforceability of each and every term provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its sole discretion, this resolution shall be deemed to be revoked and no further in fome or in effect. Presented By Approved as to form by Planning and Building Director Resolution 2001-220 Page 15 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, Califomia, this 17th day of July, 2001, by the following vote: AYES: Councilmembers: Davis, Padilla, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Rindone Shirley HortorcjMayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2001-220 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of July, 2001. Executed this 17th day of July, 2001. Susan Bigelow, City Clerk R2001-220 ROLLING HILLS7 RANCH EASTLAKE BUS~NESS EA$1111E CENTER U WQSB$ EASTLAKE ~ VIS155 LAND ;; ,I OLYMPIC SWAP ~ / / TRAINING CENTER i / / OTAY RANCH PANHANDLE \ CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJEC~ !PROJECTDESCRIPTION: APPUCANn The Eastlake Company  AMENDMENT TO GENERAL DEVELOPMENT PLAN PROJECT Eastlake III ADDRESS: Request To amend the General Development Plan, , adop{ a Sectional Planning Area Plan for the Woods, Vistas, SCALEs FILE NUMBER: and process a Tentative Subdivision Map for the Woods & Vistas NORTH No Scale GDP-01-01 ·