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HomeMy WebLinkAbout2012/09/25 Item 09~.- CITY COUNCIL AGENDA STATEMENT _ \~~ CITY OF CHULAVISfA September 25, 012, Item No.: ITEM TITLE: PUBLIC HEARING 1) GPA 11-01 AMENDMENT TO THE GENERAL PLAN TO CHANGE THE EXISITNG DESIGNATION OF A 12.2 ACRE SITE FROM CR (RETAIL COMMERCIAL) TO MUR (MIXED USE RESIDENTIAL); 2) PCM-10-19 CONSIDERATION OF AMENDMENTS TO THE EASTLAKE III GENERAL DEVELOPMENT PLAN (GDP), SECTIONAL PLANNING AREA (SPA) PLAN AND ASSOCIATED REGULATORY DOCUMENTS, AND PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICT MAP FOR 12.2 ACRES LOCATED ON THE NORTH SIDE OF OLYMPIC PARKWAY, BETWEEN OLYMPIC VISTA ROAD AND WUESTE ROAD/LAKE CREST DRIVE; 3) PCS- 10-02 CONSIDERATION OF A TENTATIVE SUBDIVISON MAP KNOWN AS THE LAKE POINTE PROJECT, CHULA VISTA TRACT 10-02 TO SUBDIVIDE APPROXIMATLEY 12.2 ACRES INTO FIVE LOTS FOR A CONDOMINIUM PROJECT CONSISTING OF 284 RESIDENTIAL UNITS, ONE COMMERCIAL AND ONE RECREATIONAL BUILIDNG; AND 4) DESIGN REVIEW PERMIT TO CONSTRUCT THE MIXED-USE PROJECT. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING THE ADDENDUM (IS-10-008) TO FEIR-O1- O1; APPRROVING AMENDMENTS TO THE CITY OF CHULA VISTA GENERAL PLAN, THE EASTLAKE III GENERAL DEVELOPMENT PLAN (GDP), SECTIONAL PLANNING AREA (SPA) PLAN,. FISCAL IMPACT ANALYSIS AND ASSOCIATED REGULATORY DOCUMENTS TO CHANGE THE LAND USE DESIGNATION FROM CR (RETAIL COMMERCIAL) TO MU-1 (MIXED USE) FORA 12.2 ACRE SITE LOCATED ON THE NORTH SIDE OF OLYMPIC PARKWAY, BETWEEN OLYMPIC VISTA ROAD AND WUESTE ROAD/LAKE CREST DRIVE. 9-1 Meeting Date: 09/25/12 Page 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENATIVE SUBDIVSION MAP (PCS 10-02) TO SUBDIVIDE A 12.2 ACRE SITE INTO FIVE LOTS CONTAINING A TOTAL OF 284 RESIDENTIAL CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP, ONE COMERCIAL AND ONE RECREATION BUILDING LOCATED ON THE NORTH SIDE OF OLYMPIC PARKWAY, BETWEEN OLYMPIC VISTA ROAD AND WUESTE ROAD/LAKE CREST DRIVE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A DESIGN REVIEW PERMIT (DRC 10-19) FOR A PROPOSED MIXED USE PROJECT CONSISTING OF 284 UNITS, 10,000 SQUARE-FEET OF RETAIL COMMERCIAL AND 3,267 SQUARE-FEET OF COMMUNITY PURPOSE FACILITY ON A 12.2 ACRE SITE LOCATED ON THE NORTH_ SIDE OF OLYMPIC PARKWAY BETWEEN OLYMPIC VISTA ROAD, AND WUESTE ROAD/LAKE CREST DRIVE. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO POST SECURITY FOR AN AFFORDABLE HOUSING OBLIGATION RELATED TO LAKE POINTE BETWEEN THE CITY AND OLY. PARKWAY PROJECT, LLC ORDINANCE: OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE III PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP FOR 12.2 ACRES LOCATED ON THE NORTH SIDE OF OLYMPIC PARKWAY, BETWEEN OLYMPIC VISTA ROAD AND WUESTE ROAD/LAKE CREST DRIVE. SUBMITTED BY: Assistant City Mana er/Director of Development Services ~t/I ~-~,r f ~( REVIEWED BY: City Manager 4/Sths Vote :Yes X No `~ BACKGROUND Integral Communities (the "Applicant," or the "Developer") is proposing to develop a mixed use project consisting of 284 condominium units, 10,000 square-feet of retail commercial space and 3,267 square-feet of community purpose facility, on a 12.2 acre site (the "Lake Pointe" project). The project site is located on the north side of Olympic Parkway between Olympic Vista and Wueste Roadsn within the Eastlake III Planned Community (see Attachment 1- Locator Map). As proposed, the Project will require amendments to the Chula Vista General Plan (GP), the Eastlake III General Development Plan GDP), Sectional Planning Area (SPA) Plan, Planned 9-2 Meeting Date: 09/25/12 Page 3 Community District Regulations and Land Use District Map, and other associated regulatory documents. In addition, a Tentative Subdivision Map is also being requested to create five lots that include 284 condominium units. The amendments are further discussed in this staff report. Design Review approval is also being requested for the Lake Pointe project. The project is subject to the consolidated permit processing provisions pursuant to Chula Vista Municipal Code (CVMC) Section 19.14.050 (C). Under the consolidated review process, the City Council would be reviewing and acting on the GP/GDP/SPA Plan Amendment, Design Review permit and the Tentative Map. The design of the project was presented at a community meeting on March 2, 2012 At the community meeting, issues raised included parking, visual impact, and noise generated by trash collection. Additional comments were also received by staff subsequent to the meeting (please see Attachment 4 -Community Meeting and other comments). The design was also reviewed by a Design Review Board (DRB) member. The DRB members initial comments included: 1) the need for additional architectural articulation and variation in roof heights for residential buildings facing Olympic Parkway; 2) provide additional landscape screening for the commercial and residential buildings visible from Olympic Parkway; and 3) provide additional information regarding the enhanced vehicle paving and Entry Drive. Upon review of the resubmittal by the applicant, the DRB member found the, modifications to the project design acceptable and in keeping with the applicable design guidelines. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was covered in previously adopted Final Subsequent Environmental Impact Report, Eastlake III Woods & Vistas Replanning Program Subsequent EIR #01-01. The Development Services Director has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Development Service Director has prepared an addendum to this document, Final Subsequent Environmental Impact Report, Eastlake III Woods & Vistas Replanning Program, FEIR 01-01. RECOMMENDATION That the City Council: (1) Consider the Addendum to FEIR-OI-O1; (2) adopt the Resolution approving the amendments to the General Plan and to the Eastlake III General Development Plan, Sectional Planning Area Plan, Fiscal Impact Analysis and associated regulatory documents based on the conditions contained therein; 3) adopt a Resolution approving the Tentative Subdivision Map based on the findings contained therein; 4) adopt a Resolution granting a Design Review permit for the Project; 5) adopt a Resolution authorizing the City Manager to execute Affordable Housing Agreement; and 6) adopt the Ordinance approving amendments to the Eastlake III Planned Community ("PC") District Regulations and Land Use District Map for 12.2 acres subject to the findings contained therein. 9-3 Meeting Date: 09/25/12 Page 4 BOARDS/COMMISSION RECOMMENDATION: On September 12, 2012, the Planning Commission approved (4-2-0-0) the following: 1) Resolution No. GPA 11-01/PCM-10-19) recommending that the City Council approve amendments to the Chula Vista General Plan and the Eastlake III General Development Plan, Sectional Planning Area (SPA) Plan and PC District Regulations to change the allowable use from retail commercial to mixed use and 2) Resolution No. PCS 10-02 recommending that the City Council approve the Tentative Subdivision Map for the Eastlake III Lake Pointe Project, Chula Vista Tract 10-02. DISCUSSION: 1. Existing Site Characteristics The site is situated near the easterly end of the Eastlake III planned community. The community is fully developed, except for the subject property, which is located directly north of the Olympic Training Center (OTC). The 12.2 acre site is bounded by the New Hope Community Church, CPF ballfields, Olympic Training Center and Olympic Pointe development to the south, Otay Lakes Reservoir to the east and existing residential condominium developments to the north and west (see Attachment 1-Locator Map). The site has been mass graded as part of the Eastlake III planned community. Existing General Plan, SPA Plan Land Use Designations and Existing land uses General Plan CV Municipal PC District Land Existing Land Use Code Zoning Use Designation Site Commercial Retail Planned Village Commercial Vacant Community (PC) North Medium High Planned Medium High Residential Residential Community (PC) Residential condomiums South Public/ Quasi Public Planned Community Public/ Quasi Public Olympic Training (PC) Center East Open Space Planned Community Open Space Open Space/Lower (PC) Otay Reservoir West Medium High Planned Community Medium High Residential Residential (PC) Residential Condominiums 9-4 Meeting Date: 09/25/12 Page 5 2. Project Description The project proposes to construct 284 condominium units, 10,000 square-feet of commercial and 3,267 square-feet of CPF floor area on a 12.2- acre parcel. The project will include the following types of residential products: 1) two-story garden home units; 2) two-story row homes and; 3) three-story courtyard home units. Private streets within the project consist of a main entrance road, a loop road around the perimeter of the site, and alleys, which provide access to the condominium units. Parking for the units will be provided mainly in garages, with surface parking for a small portion of required residential parking and the remainder for guests and visitors. A recreation center with pool will be located near the project entrance. The project is proposing certain amendments to the Chula Vista General Plan and Eastlake III GPD/SPA Plan, more specifically described below: Chula Vista General Plan The proposed amendment to the General Plan consists of changing 12.2 acres from Retail Commercial (CR) to Mixed Use Residential (MUR) to accommodate the new Lake Pointe Project. The proposed land use change would result in a reduction from 12.2 to 0.6 acres of Retail Commercial/CPF (a component of the mixed use project proposed). There would also be a corresponding increase of 11.6-acres of Residential High (18-27 DU/AC). General Development Plan The proposed amendment to the General Development Plan would change 11.6 acres from Retail Commercial to Residential High (18-27+ DU/Ac), consistent with the General Plan amendment request (see Attachment 7, GDP Tab). Eastlake III SPA Plan Amendment The amendment to the SPA defines the development pazameters, including the implementation of the proposed GDP land use designation, urban design criteria, circulation, public facilities, Water Conservation Plan, Air Quality Improvement Plan and other necessary components to ensure the proper integration of the Lake Pointe Project into the existing surrounding residential and public-quasi public uses. Eastlake III SPA Plan - Text/Map The applicant has applied to amend the Eastlake III SPA Plan, PC District Regulations (Development Standazds), Design Guidelines, and PFFP in order to replace all reference to the former commercial designation and replace with reference to the Lake Pointe mixed use. The proposed changes include the following: a) Anew project description and development plans; 9-5 Meeting Date: 09/25/12 Page 6 b) Amend the Site Utilization Plan to reflect a reduction of 11.6 acres of commercial and an increase of 284 high-density residential units. (see Attachment 7, SPA Tab); c) Eastlake III SPA Plan, Development Standards and District Regulations to remove reference to commercial development and replace with standards for mixed use development. This includes removing the development standards for CR and replacing them with standards for MU-1. Design standards and exhibits would be amended to include design reference to the Lake Pointe project. (see Attachment 7, PC District Res Tab, Design Guidelines Tab); d) Public Facilities Finance Plan (PFFP) Amendment to address the public facility needs associated with the proposed Lake Pointe project (see Attachment 10); e) Air Quality Improvement Plan and Water Conservation Plan Amendments to reflect change in project characteristics and implementation measures (see Attachment 7, AQIP Tab, WCP Tab). ANALYSIS: General Plan/GDP/SPA Plan Amendment The proposed amendments would reduce the retail component of the site from 12.2 acres to 0.6 acres. The Commercial Lands Analysis (CLA) prepared for the project (please see Attachment 9, Commercial Lands Analysis), outlines a number of factors which, taken together, support the conclusion that the project site can no longer support the amount of retail commercial originally envisioned and designated for the site. Instead, the CLA concludes that only a small amount of commercial can be supported and the type of retail should be in the of the "convenience commercial" category serving the adjacent neighborhoods, the OTC and visitors to the Otay Lakes. The closest existing neighborhood commercial center is located over three miles from the project site. In 1995, the project site was designated as Medium-Density Residential. However, with the adoption of a revised Eastlake III GDP & SPA in July 2001, the designation of the project site was changed to Retail Commercial. At that time, it was considered as the commercial component of an "activity center" built around the Olympic Training Center (OTC), which could provide for "village type" retail commercial. The original vision of a highly visited OTC has not been realized and, as a result, another component of the "activity center" was removed back in 2006 with the approval of the Eastlake Puelte Seniors Project (later amended to the Olympic Pointe Project). Currently, there is renewed interest by OTC management in intensifying the current amount of activity that takes place at the OTC, including more events being held that are open to the public. However, future events will be held sporadically throughout the year, resulting in intermittent 9-6 Meeting Date: 09/25/12 Page 7 spikes in visitor levels at the OTC. Living arrangements of the athletes at the OTC result in limited retail demand from this potential consumer group due to dietary restrictions met through on-site food services. It is anticipated that the demand for retail will largely be generated by local residents and to a much lesser extent, visitors of the nearby recreational facilities (OTC, parks, lakes etc). This further supports the conclusion that a smaller retail component, such as convenience commercial, would provide the most viable commercial uses. The land use changes associated with the Project are compatible with the surrounding residential land uses. The SPA Plan would be amended to maintain consistency with the new land use configuration and ensure integration with the style and scale of the existing adjacent residential neighborhoods. The secondary effects associated with the land use change are no greater than previously analyzed. The Project would result in approximately 2,208 fewer trips (45% less ADT) than that generated by 12.2 acres of Commercial Retail uses. The Project would not expose people to noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. The Project would not increase the severity of previously identified air quality impacts, nor would it result in any new significant effects related to air emissions With implementation of GHG reduction measures, the proposed project would reduce GHG emissions by as much as 30% by the year 2020. The proposed mixed use project will require amending the SPA Plan to replace all reference to and regulations for Commercial Retail development with those that allow for a mixed use development on the project site. Eastlake III Planned Community District Regulations Amendments The Eastlake III PC District Regulations function as the zoning regulations for the project. The PC District Regulations provide standards and regulations to guide the development of the site and ongoing regulation of the use of the property. These regulations are applied in conjunction with the Eastlake III Design Guidelines to ensure the uses within the project are compatible and well designed. The amendment to the Eastlake III PC District Regulations consists of deleting development regulations for commercial retail and establishing new development regulations for amixed-use development (MU-1). The following table provides a comparison between existing and proposed land use provisions. 9-7 Meeting Date: 09/25/12 Page 8 EXISTING LAND USE PROVISIONS PROPOSED LAND. USE PROVISIONS Eastlake III SPA Desi nation: CR-Commerical Retail MU-lmixed Use Current Zonin :: Planned Communi (PC) PC Land Use District CR/Commercial Retail MU-1 / Multi -famil Lot Area: 12.2 acres 12.2 Acres: 11.6 acres residential 0.6 acres commercial/CPF Residential Units: not permitted 284 units Residential density: N/A 24 du/ac Commercial: 65,000 square feet (retail) Commercial: 10,000 square feet. 65,000 square feet (office) 130,000 s uare feet(total commercial) Parking and Storage Residential: Typically, the established multi-family pazking standards are designed to include guest parking, and the pazking standard varies depending upon the number of bedrooms in the unit. This residential parking requirement is similar to that of Olympic Pointe on the south side of Olympic Parkway. There would be a requirement of 1.2 spaces per one- bedroom unit, and two spaces per two and three-bedroom units. Each of the one bedroom units would be provided with one covered space with the remaining 0.2 spaces provided within open parking areas. The two and three bedroom units would each be provided with two covered garage spaces. In addition 0.3 open guest spaces would be required for all units. The applicant is providing a total of 570 parking spaces, which exceeds the pazking requirement by 4 spaces. Commercial: A total of 50 commercial pazking spaces are being provided to meet the standards of one space per 200 square feet required for retail commercial. Total parking provided: The applicant is providing a total of 620 parking spaces, which exceeds the parking requirement by 4 spaces. Storage The project must comply with the storage requirements of condominium development, which are ISO cubic feet per one bedroom, and 240 cubic feet for two and three bedroom units. The applicant proposes to provide 160 cubic feet of overhead storage in garages for one bedroom units, and 250 cubic feet of overhead storage in garages for two and three bedroom units. Both pazking and storage requirements aze being met for the project. In order to ensure that garage spaces will be used exclusively for parking, the project has been conditioned to require 9-8 Meeting Date: 09/25/12 Page 9 enforcement through Covenants, Codes and Restrictions (CC&R's) Prior to issuance of building permits, the applicant shall submit CC&R's to the City for review and approval. The CC&R's shall clearly state that garages shall provide sufficient floor area available at all times to accommodate the parking of vehicles, and indicating that periodic inspections will take place by the Homeowners Association to ensure compliance with this requirement. Garages will be constructed with windows visible from the front to assist in periodic visual inspections. Open Space Because the Eastlake III SPA PC District Regulations are silent regarding open space requirements, the applicant is subject to the provisions outlined in Section 19.28.090 of the Chula Vista Municipal Code. This requirement is 400 square feet per dwelling unit. Based upon a total of 284 units, a total of 113,600 square-feet is required. This includes both private and common open space. The applicant is providing 114,158 square-feet, which both meets the minimum private open space component and exceeds the combined open space requirement by 558 squaze-feet. In addition to providing private patios and balconies, the Project will also include a primary recreation center with pool, a secondary recreation area and centralized corridors leading to recreation and greenbelt areas. In addition, staff worked with the applicant to highly amenitize the open space designated areas provided for the project. Community Purpose Facility All Planned Communities are required to set aside a minimum of 1.39 acres of land per 1,000 persons for community purpose facilities (CPF). The project is the last site in the Eastlake III SPA to be developed. Given the fact that it was anticipated the site would be developed for commercial, it was assumed there would be sufficient CPF areas set aside within the SPA to meet the this minimum requirement. However, with the proposal to add residential units for the site, the project would result in a deficit of 0.3 acres of CPF land currently available within the Eastlake Planned Community. The "Master Plan of Community Purpose Facilities" incorporated into both the Eastlake III GDP and SPA would be amended to include the Lake Pointe project site as a fourth location for providing CPF within the Eastlake Community. Rather than providing 0.3 acres of CPF land, the applicant intends to satisfy the CPF obligation by providing floor space within the commercial building to be located within the 0.6 acres of commercial/CPF component of the site. Other existing CPF lands in Eastlake include the New Hope Community Church and Eastlake ball fields located on the south side of Olympic Pazkway, west of the Olympic Training Center. Staff has included conditions of approval in the TM resolution that the CPF obligation be satisfied prior to the issuance of the first building permit. The 0.3 acre CPF obligation will be met by utilizing an equivalent floor azea ratio (FAR) conversion of 0.25 which would require a minimum of 3,267 of building square footage, in addition to the 10,000 square feet of commercial space required for the project. The 0.25 FAR conversion factor is based upon previous analysis of existing developed CPF sites within Eastlake as well as other planned communities. For example, a similar conversion factor of 0.25 was provided in the EUC SPA. The analysis concluded that typically only 25% of a site is actually developed with building structures. The remaining azea contains a combination of parking and landscape/open space. 9-9 Meeting Date: 09/25/12 Page 10 Section 19.48.025(C) of the Chula Vista Municipal Code describes all conditionally permitted uses which may be considered as CPF. Additional development requirements including required parking would be determined in conjunction with submittal and review of a future conditional use permit. Design Review Eastlake III SPA Plan-Design Guidelines The Eastlake III Design Guidelines stipulate design parameters that pertain to site planning, landscape architecture, architecture and signage for the 12.2-acre site. The Design Guidelines contain illustrations and written requirements to implement the design ideas presented therein. Some of the urban design guidelines also emphasize quality design, site development character and conceptual building/pazking/open space relationships within the. project. Because of the importance of unifying themes and designs over an extended period of time until full build-out, the Design Guidelines are utilized to ensure overall consistency while allowing for flexibility at the detailed site plan level. For example, the design guidelines indicate that building facades should include articulation or visual relief to avoid a monotonous appearance, there is flexibility as to how an individual project would provide the necessary building or facade offsets in order to achieve these design features. The Eastlake III Design Guidelines have been updated to include the conceptual design standards for a mixed use project and provide specific reference elevations for the Lake Pointe Project. This will ensure that the physical appearance will compliment other developments within the Eastlake III planned community. Site LayouUBuilding Height Vaziation The project proposes a site layout that provides variation in size and building height by providing three different product types (see Attachment 11-Project Plans). The buildings will be arianged on the site in a manner that allows for greater design variation, and minimizes visual impact to surrounding residential developments. The curvilinear spine road through the middle of the site will also provide for a varied visual streetscape. The proposed project contains three product types housed in 25 residential buildings of various sizes. The two-story garden home buildings would be located on the northern (rear) portion of the site followed by two-story row home buildings in the center of the project. The third product, courtyard home buildings, would be the only three-story residential product and would be located on the southerly portion of the site, closest to Olympic Parkway. The proposed 10,000 squaze-foot commercial building is situated at the entry of the Project. The commercial uses are situated adjacent to Olympic Parkway and an existing pedestrian trail to establish connectivity with the residents and the surrounding community. Out of concern for the adjacent multi-family neighborhoods in the Summer Hill and Sonora Ridge communities and their existing public views of Otay Lakes, the two-story products were plotted at the rear of the Project. The smaller buildings are less obstructive to views than the three-story products. The finished grade for the Project is between six and fourteen feet below 9-10 Meeting Date: 09/25/12 Page 11 the finished grades of the adjacent multi-family neighborhoods. Many of the homes along the perimeter of the project boundary have a six foot block wall along their rear property line and, therefore, have views primarily from their second story. As a result, the Project will have minimal impact on lake views for the majority of homes. The buildings on the project site have been set back away from the northern property line to establish a greater separation from the neighboring homes. There is a minimum setback of fifty-five feet and up to eighty feet between the project boundary and the closest buildings on the project site. Architecture, Building Orientation, Open Space and Landscaping Eastlake III Design Guidelines: Buildings should be oriented in such a way as to create courtyards and open space areas, thus increasing the aesthetic appeal of the area. Buildings design should incorporate variety in the type of materials, colors, units, heights and facades. Buildings with roof overhangs are encouraged to give a traditional residential appearance Private spaces such as patios or balconies are encouraged for each unit. The two-story row home product located south of the garden home product, and along the internal spine road toward the entry, would be housed in three sizes of buildings: 4-plex, 6-plex and 8-plex. The varying sizes of the row home buildings allows for relief from the monotonous appearance caused by long expanses of building fapade as well as a curvilineaz street pattern for a varied streetscape. This variation is size of the buildings also allows them to be oriented in a manner which provides for a lazge recreational area near the center of the Project. The three-story courtyard homes consist of U-shaped structures created by two three-story townhomes connected on the end by two side-by-side two-story townhomes, which cap off the motor court from street view. These U-shaped structures are sepazated from each other by a series of intricate walkways, which provide additional open green space within the Project. Each residential unit will be provided with a private patio or balcony. Colors will consist primarily of various earth-tone hues. Materials will include concrete the roofs, wood siding, and decorate wood features, including corbels and trellises. In addition, facade plane offsets are provided on all building elevations though the use of pop-out, recesses and staggered roof lines with overhangs. The architecture of the commercial building will complement the architecture of the surrounding residential buildings with similar planes and relief, to make a cohesive project overall. The landscape buffer along Olympic Pazkway will vazy from a minimum of 33-feet to over 65- feet along the main frontage of the property. Within the landscape buffer area, an existing 10- foot wide pedestrian trail meanders along the project frontage. Flowering shrubs and 9-17 Meeting Date: 09/25/12 Page 12 groundcover exist between the pedestrian trail and street edge. The landscape buffer between the trail edge and the project/building edge varies in width between ten to twenty feet. It is within this space that a variety of types of trees and shrubs shall placed in clusters to articulate the project edge and add a contrast of color, form and texture to the project perimeter. The use of small, medium and large shrubs will also add to the experience of the users of the trail and provide a transition from the pedestrian scale to the larger building scale. The project entry is aligned with the existing OTC entrance and will be a focal point of the Project along Olympic Parkway. The entry will include the use of palm trees to mimic that of the OTC entry, thereby providing an element of balance between these two sites and will create an even stronger focal point for travelers along Olympic Parkway. Eastlake III SPA Plan -Public Facilities Finance Plan The proposed amendment to the Eastlake III PFFP, prepared by third-party consultants, analyzes impacts to public facilities and services resulting from changing the land use allowances of the project site from commercial retail to a mixed use project (ie. 284 residential units and 10,000 square feet of commercial). As required by the City's Growth Management Ordinance, the proposed amendment to the Eastlake III PFFP identifies the required public facilities and services needed to serve the 12.2-acre site of the Lake Pointe Project in order to maintain consistency with the City's Quality of Life Threshold Standards. The PFFP describes in detail the cost, financing mechanism and timing for constructing public facilities. The public facilities needed to serve the project will be guaranteed by placing conditions of approval on the tentative map and/or design review permit, payment of outstanding fees at the building permit stage, and/or continuing payment of bond payments under the approved Community Facilities Districts to finance or maintain public facilities. The PFFP consists of the analysis of transportation, circulation, drainage, water, sewer, fire, schools, parks, and fiscal impacts of the project, as described below: Transportation Traffic consultant, Linscott, Law and Greenspan (LLG), prepared by a traffic impact report, dated June 25, 2012, in which project-specific impacts were analyzed. The analysis concluded that the proposed project, would not cause any impacts to the surrounding street network and intersections requiring mitigation beyond those identified within Section 4.2 of EIR 01-01, Eastlake Woods and Vista Replanning Program. As indicated in the traffic analysis, the proposed project would generate 45% fewer average daily trips (ADT), and 45% fewer total PM peak hour traffic than was calculated for the approved land uses in the EIR. The proposed project would result in a net decrease of 2,176 ADT, since commercial uses have a higher trip generation rate than multi-family units. No new facilities beyond that currently in place will be required. Circulation Olympic Parkway, afour-lane major road, is currently fully constructed and will serve the Lake Pointe project. Regional access will be provided primarily by SR-125, approximately two miles 9-12 Meeting Date: 09/25/12 Page 13 to the west. Interstate 805 is located approximately seven miles to the west and also provides links to regional transportation facilities. The timing for installation of required public on-site improvements and financing mechanisms is discussed in the Lake Pointe Supplemental PFFP (see Attachment 7). On-site driveway improvements required to serve the project are: • Driveway #1: Provide one inbound lane and one outbound lane at the project driveway. The project driveway should be designed to align with the corresponding legs of the south leg (Arco Olympic Training Center driveway) of the intersection to avoid potential geometric off-set issues. Modify the existing signal and phasing to accommodate the fourth (north) leg of this intersection. • Driveway #2: Provide a secondazy access driveway for emergency vehicles only at the western end of the site to provide right-in/right-out only access. • Signalize Driveway #1 and complete all modifications to the Olympic Parkway intersection, all to the satisfaction of the City Engineer. Drainage According to the 2012 Drainage Study prepared by Fuscoe Engineering, the Lake Pointe project will not significantly alter the site's overall drainage patterns. The 12.2-acre site lies within the Otay Lakes Drainage Basin. However, runoff from the site is diverted into the Salt Creek Basin to prevent impacts to the Lower Otay Reservoir. Presently, runoff from the site is discharged into a 60-inch pipe and into the City's storm water conveyance system in Olympic Parkway, which ultimately discharges into Salt Creek. The project will be conditioned to provide for the conveyance of storm water flows in accordance with City standards, policies and requirements. The Developer will design, install and maintain on-site erosion protection. All permanent or temporary erosion control will be designed to City standazds and to the satisfaction of the City Engineer. Further, the project shall comply with all Federal, State and Local storm water runoff and dischazge regulations. Water The Otay Water District (OWD) will provide water service for the Lake Pointe Project. The OWD has facilities in the vicinity of the project that can provide both domestic and recycled water service. The projected average day potable water demand (ADD) for the Lake Pointe Project is approximately 100 gpm (gallons per minute). The fire flow is 2,750 gallons per minute (gpm), for a duration of 2 hours, split between three fire hydrants, which meets the City's requirements. There is adequate off-site storage capacity to meet both potable water and fire flow demands. 9-13 Meeting Date: 09/25/12 Page 14 Sewer Sewer service to the project site is provided by the City of Chula Vista. The Lake Pointe Project is located in the Salt Creek drainage basin. The project will connect to the existing 8- and 12- inch gravity sewer mains located north of Olympic Parkway. This sewer collects flows generated from the Vistas neighborhoods located north of Olympic Parkway and conveys the flow to an existing 15-inch diameter sewer in Olympic Parkway. The Olympic Parkway sewer conveys the flows westerly approximately 1,700 feet to a connection to the 18-inch Salt Creek Interceptor. The capacity of the off-site sewer facilities to serve the Lake Pointe project has been analyzed by the Lake Pointe Off-Site Sewer Capacity Study dated January 20, 2012, by Atkins.. The study includes an analysis of the existing off=site sewer from the Development to a connection to the Salt Creek Interceptor Sewer west of the Development, and the identified critical reach in the Salt Creek Interceptor. The study concluded that there are no significant impacts to the existing off-site wastewater facilities due to the Project. The critical reach into the Salt Creek Interceptor and the off-site pipe reaches are in compliance with the City Design Criteria. Fire Development of the proposed Project is not anticipated to change the need for fire service in the area. Fire Station No. 8, located at 1180 Woods Drive in the Eastlake Woods neighborhood, would be the primazy station to serve the project. Schools At completion, it is anticipated the proposed Project could generate approximately 134 students. Area schools aze of adequate size to accommodate the additional school children and, therefore, the development will not result in a need for new schools. The Lake Pointe project would generate the need to house approximately 79 elementary school age students. The Chula Vista Elementary School District has indicated capacity will be available to house the students of either Camazena Elementary School (currently under construction) or Wolf Canyon Elementary School. The maximum capacity of a middle school is approximately 1,500 students. It is anticipated that the approximately 19 middle school children generated by the Lake Pointe project will attend the Eastlake Middle School located approximately 3 miles northwest of the project. Currently, Eastlake Middle has the capacity to accept the estimated students generated by the project. The maximum capacity of a high school is approximately 2,400 students. It is anticipated that approximately 36 high school students will be generated from the Lake Pointe project. These students will attend Eastlake High School located approximately 3 miles northwest of the project. Currently, Eastlake High School has the capacity to accept the estimated students generated by the project. Parks The project is served by the newly constructed Mountain Hawk community pazk, located 9-14 Meeting Date: 09/25/12 Page 15 approximately 500 feet northeast of the site. Based upon the City's Parklands and Public Facilities Ordinance, the parkland requirement for the Project is approximately 2.2 acres. Chapter 17.10 of the CVMC governs the financing of parkland and improvements. Included as part of the regulations are Park Acquisition and Development (PAD) fees established for the purpose of providing neighborhood and community parks. The developer will be required to pay in-lieu acquisition component of PAD fees in the amount of $2,709,504 along with development component of the PAD fees in the amount of $1,037,088 prior to issuance of final map or building permits, whichever occurs first. Fiscal Analysis Along with an analysis of the project impact to public facilities (as discussed above and in more detail in the PFFP), the applicant was also required to prepare a fiscal analysis to determine cost/revenue impacts to the City based upon the proposed project. Because the proposed project necessitates an amendment to the Eastlake III SPA to change the_ 12.2 acres site from a commercial to mixed use designation, an analysis was done under two scenazios: 1) development based upon the existing commercial designation and 2) proposed project under a mixed use designation. As noted below, both the existing and proposed scenarios result in negative fiscal impacts for project site development itself. 1) Existing Commercial Use The analysis done for development of the 12.2 acre project under the existing commercial designation would result in a deficit at yeaz 5 build-out of -$13,790 under the existing designation of up to 130,000 squaze feet of commercial development allowed. The analysis of developing under the existing commercial designation is based upon a commercial project at the maximum permissible average square footage valuation of $250/square foot. 2) Proposed Project: An analysis was done for development of the proposed mixed-use project. After subtracting the projected expenditures from projected revenues sources, the analysis concluded the Project would result in a deficit at year 4 build-out of -$80,792. Summary/Conclusions: Although the fiscal analysis concluded that developing the site under either the existing commercial provisions or the proposed Project would result in a deficit, the proposed mixed- use development would result in an approximately -$67,002 greater deficit per yeaz than if the project were developed under the existing commercial designation. Eastlake III SPA Plan-Water Conservation Plan: The City's Growth Management Ordinance requires the preparation of a Water Conservation Plan (WCP) for all major projects in accordance with the City's Water Conservation Plan 9-15 Meeting Date: 09/25/12 Page 16 Guidelines. The average daily water demand (ADD) for the Project is 98 gpm (gallons per minute). Numerous features have been included in the proposed project to minimize the use of water during the construction and operation of the project. The estimated potable water savings with conservation measures is 0.009 MGD or 4%. The water conservation measures incorporated into the project as required by the City's WCP Guidelines include hot water pipe insulation, pressure reducing valves, water-efficient dishwashers, dual flush toilets as well as water-efficient landscaping and the use of evapotranspiration controllers. The Project WCP demonstrates the value of incorporating water conservation measures in buildings and irrigation systems for residential development. The implementation of these measures will contribute to preserving a valuable natural resource and will demonstrate how the Project will comply with the provisions of Chapter 20.04 of the CVMC (Water Conservation Ordinance). _ _ Eastlake III SPA Plan-Air Ouality Improvement Plan: An Air Quality Improvement Plan (AQIP) was prepazed for the Eastlake III area in accordance with the City's Growth Management Ordinance and the Growth Management Program. AQIPs must be prepared for all residential projects containing 50 dwelling units or more. The project site was previously evaluated under the 2002 AQIP Guidelines. The City's AQIP guidelines were updated in 2009, which now require the developer to comply with the Green Building and Energy Efficiency Ordinances, CVMC 15.12 and 15.26.030 respectively. These require developers/applicants to implement sustainable design features and improve building energy conservation 15% to 20% above 2008 State Energy Code requirements. An Addendum has been prepared for the Project to reflect these new standards and change in usage of the site from commercial to mixed use. Balanced Communities Policv -Affordable Housing Obli ag tion The proposed Lake Pointe Project would require the provision of 14.2 Low Income and 14.2 Moderate Income units in accordance with the City's Housing Element Balanced Communities ("Inclusionary") Policy and the Eastlake II/III SPA Affordable Housing Program. Accordingly, City staff is recommending that the City, and the Lake Pointe Developer enter into an "Agreement to Post Security for Affordable Housing Obligation" (the "Agreement," see Attachment 5). The Agreement will secure compliance with the Affordable Housing Obligation, while allowing the Lake Pointe Project to proceed by requiring the Lake Pointe Developer to post a bond in fulfillment of the obligation ($3,527,848) prior to the issuance of building permits for the Project. The Agreement obligates the Developer to provide the required units within the Lake Pointe development or to fulfill their obligation by an alternative method within a four year period consistent with the Inclusionary Policy, as follows: Providing a portion of the units within the Lake Pointe development and the remaining obligation being paid by an In-Lieu Fee to the City; 9-16 Meeting Date: 09/25!12 Page 17 • Providing the units or a portion of them at an off-site location within the eastern portion of the City of Chula Vista and the remaining obligation being paid by an In-Lieu Fee to the City; • Payment of an In-Lieu Fee for $3,527,848 to the City for the entire obligation; or • Purchasing 3.7 Low Income Affordable Housing credits from The Eastlake Company remaining from the development of the Landings II affordable housing project and satisfying the balance of its Affordable Housing Obligation (10.5 Units of Low-Income housing and 14.2 Units of Moderate-Income housing) by one of the methods above. The City shall make all efforts to ensure that the units required by the Affordable Housing Obligation are constructed east of I-805. If the developer exercises the option to build affordable units on-site an Affordable Housing Agreement restricting such units would be brought back for City Council approval and at such time the Developer may request fee waivers and deferrals as permitted under the City's Municipal Code. In the event the Lake Pointe Developer does not satisfy the Bond conditions within four years of the date the Bond is issued, the bond proceeds, $3,527,848, shall be used for future affordable housing development. DECISION MAKER CONFLICTS: Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. CURRENT YEAR FISCAL: The application fees and processing costs are paid for by the Applicant. ONGOING FISCAL: The proposed Project was required to estimate the fiscal impact that the proposed amendment will have on the City of Chula Vista operation and maintenance budgets. The fiscal analysis presents future revenues and expenditures in current (2012) dollars. The fiscal revenues to the City associated with the Lake Pointe Project range from $30,310 annually and rise to $172,650 at build-out. Fiscal expenditures would initially be $78,838 and rise to $253,442 at build-out. The net fiscal impact from developing the Lake Pointe Project is negative throughout the development and results in an annual net deficit of -$80,792 at build-out. Section 19.09.060(J) of the Chula Vista Municipal Code requires the project be conditioned to provide funding for periods when expenditures exceed project revenues. Attachments 1. Locator 2. Planning Commission Resolutions and Minutes a. GPA 11-01/PCM 10-10 b. PCS 10-02 9-17 Meeting Date: 09/25/12 Page 18 c. PCM 12-39 d. Planning Commission Minutes 3. Figures 4. Community Meeting and other comments 5. Agreement to Post Security for Affordable Housing Obligation 6. Ownership Disclosure Form 7. Eastlake III GDP/SPA Plan Amendment-Binder 8. Addendum to FEIR 01-01 9. Commercial Lands Analysis 10. Public Facilities Financing Plan Amendment 11. Project Plans 9-18 ATTACHMENT 1 LOCATOR s-is LOCATOR s-2o ATTACHMENT 2 PLANNING COMMISSION RESOLUTIONS AND MINUTES 9-21 ATTACHMENT 2 - a. RESOLUTION NO. GPA 11-01/PCM-10-19 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL CONSIDER THE ADDENDUM (IS-11-008) TO FEIR 01-01 AND APPROVE AMENDMENTS TO THE CHULA VISTA GENERAL PLAN, EASTLAKE III GENERAL DEVELOPMENT PLAN, SECTIONAL PLANNING AREA (SPA) PLAN, EASTLAKE III PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP, FISCAL IMPACT ANALYSIS AND ASSOCIATED REGULATORY DOCUMENTS TO CHANGE THE ALLOWABLE USE FROM RETAIL COMMERCIAL TO MIXED USE FOR 12.2 ACRES LOCATED ON THE NORTH SIDE OF OLYMPIC PARKWAY, BETWEEN OLYMPIC VISTA ROAD AND WUESTE ROAD/LAKE CREST DRIVE. WHEREAS, on September 30, 2010 a duly verified application was filed with the City of Chula Vista Development Services Department by Integral Communities, LLC ("Applicant"), ("Owner" and "Developer") requesting approval of amendments to the Chula Vista General Plan, Eastlake III GDP/SPA Plan and Eastlake III Planned Community District Regulations and associated regulatory documents for 12.2 acres located on the north side of Olympic Parkway between Olympic Vista Road and Wueste Road/Lake Crest Drive.("Project"); and WHERES, the Project consists of developing a mixed use project consisting of 284 condominium units , 10,000 square-Feet of retail commercial and 3,267 square feet of commuity purpose facility on a 12.2 acre site; and WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was previously covered in Final Environmental Impact Report, Eastlake III Woods and Vistas Replanning Program Subsequent EIR #01-01. The Development Services Director has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Development Service Director has prepared an addendum to this document; and WHEREAS, the Planning Commission finds that the Addendum (IS 10-008) to EIR-O1-Ol has been prepared in accordance with the requirements of CEQA, and the Environmental Review Procedures of the City of Chula Vista; and WHEREAS, the Development Services Director set the time and place for a hearing on 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 and its mailing to property 9-22 owners within 500 feet of the exterior boundaries of the property, 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. September 12, 2012 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. NOW THEREFORE, BE IT RESOLVED THAT THE CHULA VISTA PLANNING COMMISSION MAKES THE FOLLOWING FINDINGS: I. APPROVAL OF GENERAL PLAN AMENDMENT The Planning Commission recommends Chula Vista General Plan Land Use Diagram be amended as set forth and diagrammatically represented in "Exhibit A", a copy of which is file in the office of the -City Clerk, known as Documents _, to change the land use designation of 12.2 acres on the north side of Olympic Pazkway between Olympic Vista Road and Wueste Road/Lake Crest Drive from Commercial Retail to Mixed Use Residential. II. GENERAL PLAN CONSISTENCY The Planning Commission hereby finds and determines that the General Plan, as amended by this Resolution, is internally consistent and shall remain internally consistent. III. GENERAL DEVELOPMENT PLAN FINDINGS The Planning Commission finds by clear and convincing evidence that THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL DEVELOPMENT PLAN IS IN CONFORMITY WITH THE PROVISIONS OF THE CHULA VISTA GENERAL PLAN, AS AMENDED. The proposed amendments to the Eastlake III General Development Plan reflects the land use, circulation system and public facilities that are consistent with the City's General Plan as proposed to be amended. PLANNED COMMUNITY CAN BE INITIATED BY ESTABLISHEMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA PLANS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE. The proposed amendments to the Eastlake III Sectional Planning area Plan only affects the 12.2 acres known as Lake Pointe Project, which was a continuation of the Eastlake III GDP/SPA Plan policies and development regulations, that were adopted by the City council on July 17, 2001. 9-23 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 IN HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OF THE SURROUNDING AREA; AND THAT THE SITES PROPOSED FOR PUBLIC FACLITIES, SUCH AS SCHOOLS, PLAYGROUNDS AND PARKS ARE ADEQUATE TO THE SERVICE THE ANTICIPATED POPULATION AND APPEAR ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF. The proposed 284 residential units aze high density (nearly 24 DU/AC). The proposed development is the first mixed use development within the Eastlake community. The proposed density and design are compatible with the surrounding Olympic Training Center, multi-family developments, and the Mountain Hawk community park. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION. According to the Commercial Lands Analysis prepared for this project, the 10,000 square-feet of proposed convenience commercial will serve the surrounding residents and visitors to the area. Large retail centers existing within the Eastlake and surrounding areas already provide additional retail services beyond what would be provided at the convenience commercial uses proposed for the project site. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVLOPMENT. The requested amendments to the Eastlake III SPA Plan includes a PFFP that outlines the required infrastructure to serve the Project, the timing of installation and the financing mechanisms to promote the orderly sequentialized development of the Project. The Project is the last azea of Eastlake III to be developed. IV. ADOPTION OF AMENDED GENERAL DEVELOPMENT PLAN In light of the findings above, the Planning Commission recommends that the Eastlake III General Development Plan be amended as set forth and diagrammatically represented in Exhibit "B", approved and adopted in the form presented to the City Council and on file in the office of the City Clerk. 9-24 V. SPA FINDINGS THE SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, IS IN CONFORMITY WITH THE EASTLAKE III GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN AND ITS SEVERAL ELEMENTS. The proposed amendments to the Eastlake III SPA Plan reflect land uses that are consistent with the Eastlake III General Development Plan and the City of Chula Vista General Plan. The residential component of the proposed mixed use would be consistent with the adopted high-density residential and open space land uses of the Eastlake area. The proposed amendments are consistent with the previously approved plans and regulations applicable to surrounding sites and, therefore, the proposed amendments can be planned and zoned in coordination and substantial compatibility with said development THE SPA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The requested amendments to the Eastlake III SPA Plan includes a PFFP that outlines the required infrastructure to serve the Project, the timing of installation and the financing mechanisms to promote the orderly sequentialized development of the Project. The Project is the last area of Eastlake III to be developed. According to the Commercial Lands Analysis prepared for this project, the 10,000 square-feet of proposed convenience commercial will serve the surrounding residents and visitors to the area. Lazge retail centers existing within the Eastlake and surrounding azeas already provide additional retail services beyond what would be provided at the convenience commercial uses proposed for the project site. THE EASTLAKE III SPA PLAN, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USES, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The proposed land use text and statistical amendments to the SPA Plan, and development standards will not adversely affect the circulation system and overall land use pattern as previously envisioned in the Eastlake III General Development Plan. An addendum to FEIR 01-01 has been prepared and any impacts associated with the proposed amendments have 9-25 been previously addressed by FEIR-Ol-O1. Thus, the requested amendments to the SPA Plan will not adversely affect the adjacent land uses, residential enjoyment, circulation or environmental quality of the surrounding uses. The potential impacts to traffic and circulation have been thoroughly analyzed based upon the proposed project resulting in specific requirements that must be complied with at the time of development within the project area. This includes payment of any required in-lieu fees to pay fair share of cumulative impacts and the constriction of a traffic signal at the project entrance and Olympic Parkway. VI. APPROVAL OF SPA AMENDMENTS Based on the findings above, the Planning Commission recommends the City Cotmcil approves the Eastlake III SPA Plan as shown in Exhibit "C" subject to the conditions set forth below: 1. The Project shall comply with all mitigation measures specified in FEIR-OI-O1, to the satisfaction of the Development Services Director. 2. The Applicant shall install all public facilities in accordance with the Eastlake III SPA Plan Public Facilities Financing Plan Amendment 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. 3. The Applicant shall implement the Federal and State mandated conservation measures outlined in the Addendum to the WCP for Eastlake III SPA Plan. 4. Prior to approval of building permits for each phase of the Project, the Applicant shall demonstrate that air quality control measures outlined in the Eastlake III SPA Plan Addendum to the AQIP pertaining to the design, construction and operational phases of the project have been incorporated in the project design. 5. Prior to the 30th day after the Ordinance becomes effective, the Applicant shall prepare a clean copy of the SPA Plan document by deleting all strike out/ underlines and shading. Where the document contains both an existing and proposed exhibit, the previous existing exhibit shall be removed and substituted. In addition, the strike-out underlined text, document format, maps and statistical changes within the Eastlake III SPA, PC District Regulations, Design Guidelines, WCP Addendum and AQIP Addendum for the Lake Pointee project shall be incorporated into the final document and approved by the Director of Development Services for printing. 9-26 6. Prior to the 30`h day after the Ordinance approving the PC District Regulations ("Ordinance") becomes effective, the Applicant shall submit to the Development Services Department 10 copies and a CD of the approved amendment to the Eastlake III SPA Plan, Eastlake III Planned Community (PC District Regulations), Design Guidelines, Addendum to the AQIP, Addendum to the WCP and Eastlake III SPA PFFP. VII. PFFP FINDINGS/APPROVAL 1. THE PUBLIC FACILITIES FINANCE PLAN AMENDMENT COMPLIES WITH SECTIONS 19.09.050 THROUGH 19.09.100, REQUIREMENTS FOR PUBLIC FACILITIES FINANCE PLAN. The amendment to the Eastlake III SPA Plan PFFP has been prepared according to the contents and details outlined in the Municipal Code. It has been submitted to and reviewed by the Director of Development Services. Public facilities needed to serve the project were identified and will be guaranteed by conditions of approval, payment of DIF fees at the building permit stage, and/or utilizing Community Facilities Districts to finance or maintain the public facility. Any impacts associated with the proposed amendments have been previously addressed by FEIR-O1-01. 2. THE PROPOSED AMENDMENT TO THE PUBLIC FACILITIES FINANCE PLAN IS CONSISTENT WITH THE OVERALL GOALS AND POLICIES OF THE CITY'S GENERAL PLAN, GROWTH MANAGEMENT PROGRAM, AND AMENDED EASTLAKE III SPA PLAN. The Eastlake III SPA Plan PFFP outlines the necessary public facilities required to meet its land use and circulation objectives of the General Plan. The PFFP outlines detailed plans for the provision of these public facilities as they relate to the proposed Project. The PFFP identifies any required Development Impact Fees (DIF) fees which must be paid to help defray costs of facilities which will benefit the project. The estimated facilities fees required by this project are $6,556,104 .PAD fees are approximately $3,694,556. The fiscal revenues to the City associated with the Lake Pointe project, range from $30,310 annually and rise to $172,650 at build-out. Fiscal expenditures would be initially $78,883 and. rise to $253,442 at build-out The net fiscal impact to the City from developing the Lake Pointe project is negative throughout the development and results in annual net deficit of $80,792 at build-out. Per Section 19.09.060(7) of the Chula Vista Municipal Code, applicant shall provide funding to the City for periods where expenditures generated by the Project exceed projected revenues. 9-27 3. THE PFFP AMENDMENT ENSURES THAT THE DEVELOPMENT OF THE PROJECT WILL NOT ADVERSELY AFFECT THE CITY'S QUALITY OF LIFE STANDARDS. As required by the City's Growth Management Ordinance, the PFFP analyzes the impact of the project on public facilities and services and identifies the required public facilities and services needed to serve the project to maintain consistency with the City's Quality of Life Threshold Standards. The PFFP describes in detail the cost, financing mechanisms and timing for constntcting public facilities required to ensure that development occurs only when the necessary public facilities exist or are provided concurrent with the demands of the new development. Certain facility improvements include requirements for the construction of a signal at the intersection of Olympic Parkway and the project entrance. Other required measures are related to fire protection, water conservation, water quality, air quality and traffic. Implementation of these measures along with payment of any required DIF fees will ensure the Project will maintain consistency with the City's Quality of Life Standards. Based on the findings above, the Planning Commission recommends that the City Council approves the document entitled "The Eastlake III Lake Pointe Supplemental Public Facilities Finance Plan" dated September 4,2012, which doctunent accompanies the staff report as Attachment 9. VIII APPROVAL OF AMENDMENTS AND ADDENDUMS TO ASSOCIATEDREGULATORY DOCUMENTS. The Planning Commission recommends that the City Council approve the amendments to the associated regulatory documents including: the Design Guidelines and the Addendums to the AQIP and WCP for Eastlake III SPA Plan as shown in Attachment 7 of the staff report. IX. 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 future building permits, deny, revoke or fiirther 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 Applicant or successor in interest by the City approval of this Resolution. 9-28 X. INVALIDITY; 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 Cottrt 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 force or in effect ab initio. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION RECOMMENDS THAT THE TOTAL CPF ACREAGE REQUIRED UNDER CVMC 19.48.025 BE REDUCED IN CONJUNCTION WITH THE ADOPTION OF THE SPA PLAN, BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA recommends that the City Council adopt the attached Draft City Council Resolution and Ordinance approving the Project in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA THAT a copy of this Resolution and the draft City Council Resolution and Ordinance be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 12th day of September 2012, by the following vote, to-wit: AYES: Spethman, Moctezuma, Vinson, Calvo NOES: Liuag, Anaya ABSENT: ABSTAIN: Michael Spethman, Chairperson ATTEST: Diana Vargas, Secretary 9-29 9-30 Genera[ P[an Amendment ~~s~~~ z~z ~o~° 9-31 GENERAL DEVELOPH(iENT PL4N MAP AN6 POLICIES i `l` r~.,.1`7 4 ~.: ':~~l ~~1 l,l L __ i ~.._ i%: os PQ +~ !i L.~1-_ ~,,ro-r srfxv . f ns , ~, n i yyy PQ lA~s~u QS u Land Use Acres Tat9et Tor9et du/ac DUs ,..` FES ID EN ~ IAL L Lo+~ (0-3 dui cc~ . 296.2 2 ~ 050 lM Lo++Medium (3-5dv/acs 14,5 ~2 T'9 '. M 1,dediom (h-11 du,/acJ '.3 99.0 0 15 73 239 MH tiled-high. (11-19 du/ac) 15.9 . ~ N Nigh (18-27} du ra~-) 30.7 25.0 3?~F ` ~ 727 ' 24fl E 1= Sub-total Residential 506.6 5.0 ~ -F ' r i~ AIXED USE ' MU-1 P,esiee'diol-. P" h 118-D= du ~orl 11.6 24.3 294 Comme.mlal 0.6 - S b-t bl M-zed Use 17.3 232 ~ ~= d~~* NON-?FSICEh:Tl.al CP. Comm. P,etall ~---'2 P Pak 152 p(~ Pvbiic/LTucsi-Public 247.1 OS Open Space 135.7 Grcululion 25.b Sub-total Non-Reeldcntic T..`r.+'- 411 3 TOTAL 454 ~ 3~ =~~ 2.9 2772 (U = Untlntlyi3 LOm Dcnt~M.Ifn~nuL•e lnM Lou Rctolla!c# br mlcmvlrvc landa;o PrPVhionv T~Q Laxmr Qlay ftss_rwir Exhibit 4 A~ s~~ ~~rte~al L~ev~~a~r`~~t~~ ~~~CI ,, ~ \ ., `~1 U U,PPsf ~~ !~ OlaY i/ Reservnii ~u ~ _ _ ,~: l - ' ~ - ;; L h't L _~ P I I~rojec~ Lacafion •.,~~ni~ ~ ~~ ~~ ~ ~~~ ,` ~Y'F( ~-MU-1 f H aQ H ~~ ( ( P Ct a~+.ea Yo.~aow Generel D=_v=_foprn2ntP(an (69/27/71) 9 f 1~ ~ 0 EXHIBIT B (2 of 2) please refer to GDP section of document entitled "Eastlake III General Development Plan/Eastlake III SPA Plan" dated ,which accompanies the staff report as Attachment 7. 9-33 ~ifie Utili~a~~at~ P~~~n `. NfRfi ncsloe.++rlnL Woada 60P Acrvn d~~lec Qu PatcGl Wntbpeo Numbor 0 0 1 05 BA tyR~ Single FomllY z L . . 3q,p L7. SS "rti-z smala r-ar~ry L a is ao 'rv hr~ Single Family L . Afi6 0.0 139 y(R~{ Snplo Family L 29.Z 4nt Tt t^f(tS l Sin¢le Family al3VH'toIIlI~WOWS EatI) 216.2 i.0 ,es tlnn 8 5in91e FamllY LM 2dS r,5 4 3 6 105 t22 1yly.T Slnple FemllY ont al hub-IOWI ItNnods LVasl) LA1 . 18 z~ Rep Roaitlenllal 9abtatal pNOOdo)~ 250.2 l.g en Vlatac vR.t slndP Fmm~Y t 22-9 zs s6 e¢ pRq 81n91e Family L L 22.3 3.a g69 gt 11a vaa Sln01e FnmllY lM 23.6 7.5 S2 ypd 51PAlo Family LM t~ 6 d 7 C7 VRS 5lnale FamllV ~ LM 26.`+ 4.6 12C VR-b filn{Jlo FamAY LM ID.t 5,6 99 VR.T 6in91o Femlly LM 2S~S 6_g i6B VR-g Slnpla Femlly ll 3 90.0 >3 VR~6 y SnpeJMWGrdm MN p,T t6.V 116 VR~16 MUIbFamlly h1V14~Eamiy MIi g~ f5.8 123 VR-it H 129 Tod 10~ VR.ty MuW-Fvmily H 19.6 11.95 (2T V({.}3 ld M1lutli-FaMIY i SUbiola((Vztasl: P 2 ,d T.6. ixzi en a Ros Svb-fatal RVSidontlal 601& S.A 'N 69 ~M owe l ~ I 8.w1~ z 1lt :sm - F I iwd e _ ??.2 :l3 ?~ WP.~ ,~ WR-7 PQ^2 ~/ s~~ i (// ~~` W ft 2 / - ~ U~ppeyFl ~~ ~ i _ ~ Recletaarvalr\ f-, ~ ~~ ~n ( J ~ V ~~ ~i. ~ . \ ~ m,-- 1 VR~6 vR.t !\~ ~~ ~` ~~~ i ~~ ,, 1~ M1~~'a .., .nr. '.`.`.,= 1>j VR~IY \Re ~ /yViv-1 %~'/// ~ /C ~~ VR-l T e ~d~^a' aw.+ ~i r 0.ry "'L2mm>tOJ-ROL9if GP 1 P.5 PuCtlcl'sk 9.1 pd Pmidlc ReaeaYCn L 14 pp- Flemenery 5c`tcol F~ 1d9 p(r2 lr. Hlch 9digw PQ 1,1 P43 fuC 6lauon C7Ft CPmn PUiPOSa Fac. CQ iz9 . 09- OF^v S)Nu- 06 1.1 Qgl o>ISCUCI Parcing h'apx Ciwlalbn d. 25,5 _6 5ub~alcl NarvRusldarttlN P4d3 -SR~` 7ZO~CT TOTFL ~J./~~{~ ~ ~~>~~~~ y ~~~ p p(znned commurliry by The EastLzke ComP9n 34 loon-rIr 1~ II.7.1-14 l.owor Ofey RBSeN0l1' EXIliI3If J SP ~ p~Ai~ EAIBIT c Cz of z> Please zefez to SPA section of document entitled "Eastlake III General Development Plan/~astlake III SPA Plan" dated ,which accompanies the staff report as Attachment 7. 9-35 ATTACHMENT 2 - b. RESOLUTION NO. PCS 10-02 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE OF THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE III LAKE POINTE PROJECT, CHULA VISTA TRACT 10- 02-INTEGRAL COMMUNITIES, SUBJECT TO CONDITIONS CONTAINED THEREIN. WHEREAS, on September 30, 2010 a duly verified application was filed with the City of Chula Vista Development Services Depaztment by Integral Communities, LLC ("Applicant"), ("Owner" and "Developer") requesting approval of amendments to the Chula Vista General Plan, Eastlake III SPA Plan and Eastlake III Planned Community District Regulations and associated regulatory documents for 12.2_acres located on the north side of Olympic Parkway between Olympic View Drive and Wueste Road/Lake Crest Drive.("Project"); and WHEREAS, the tentative subdivsion map would divide 12,2 acre site into five lots containing a total of 284 residential condominium units for individual ownership, one commercial and one recreation building; and WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was covered in previously Final Environmental Impact Report, Eastlake III Woods and Vistas Replanning Program Subsequent EIR #01-01. The Development Services Director has determined that only minor technical changes or additions to this document are necessazy and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the prepazatioq of a subsequent document have occurred; therefore, the Development Service Director has prepared an addendum to this document; and WHEREAS, the Planning Commission finds that the Addendum (IS 10-008) to EIR-OI-O1 has been prepared in accordance with the requirements of CEQA, and the Environmental Review Procedures of the City of Chula Vista; and WHEREAS, the Development Services Director set the time and place for a heazing on 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 and its mailing to property owners within 500 feet of the exterior boundaries of the property, 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. September 12, 2012 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. 9-36 NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA recommends that the City Council adopt the attached Draft City Council Resolution for Chula Vista Tract 10-02 in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA THAT a copy of this Resolution and the draft City Council Resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 12th day of September 2012, by the following vote, to-wit: AYES: Spethman, Moctezuma, Vinson, Calvo NOES: Liuag, Anaya ABSENT: ABSTAIN: Michael Spethman, Chairperson ATTEST: Diana Vargas, Secretary 9-37 9-38 Attachment 1 ATTACHMENT 2 - c. RESOLUTION NO. PCM 12-39 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING A WAIVER OF THE RESIDENTIAL CONSTRUCTION TAX FOR ANY LOW OR MODERATE INCOME UNITS PROVIDED AT THE LAKE POINTE DEVELOPMENT WHEREAS, in 1981 the City adopted the Balanced Communities ("Inclusionary") Policy of the Housing Element of the General Plan, which continues to be implemented through the Housing Element, currently Policy 5.1.1 of the 2005-2010 Housing Element; and WHEREAS, the goal of the Policy is to increase the diversity of housing prices/rents throughout the community and ensure that the range of prices/rents continues over time by requiring all residential development of 50 units or more provide ten percent (10%) as affordable to low and moderate income households (known as an "Affordable Housing Obligation"); and WHEREAS, the Lake Pointe Developer has proposed to enter into an "Agreement to Post Security For Affordable Housing Obligation" to secure the satisfaction of their Affordable Housing Obligation"; and WHEREAS, the Developer has requested assistance to reduce the development costs for the construction of any low and moderate income residential units built within the Lake Pointe development in order to make the Project feasible; and WHEREAS, in accordance with Chula Vista Municipal Code §3.32.050, the Planning Commission may recommend that the City Council waive all or a portion of the Residential Construction Tax for any dwelling-unit types constructed which would serve as housing for low and moderate income families. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMISSION OF THE CITY OF CHULA VISTA recommends that the City Council waive the Residential Construction Tax for any units that will serve low and moderate income families built within the Lake Pointe development. BE IT FURTHER RESOLVED BY THE PLANNING COMMISSION OF THE CITI' OF CHULA VISTA THAT a copy of this Resolution and the draft City Council Resolution and Ordinance be transmitted to the City Council. 9-39 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 12th day of September, 2012, by the following vote, to-wit: AYES: Spethman, Calvo, Moctezuma, Vinson NOES: Anaya, Liuag ABSENT: ABSTAIN: Attest: Diana Vargas Secretary to the Planning Commission Presented by: Gary Halbert, P.E., AICP Asst. City Manager/Development Services Director Michael Spethman, Chair Planning Commission Glen R. Googins City Attorney 9-40 MINUTES OF THE ATTACHMENT 2 - d. PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA Council Chambers 6:00 p.m. 276 Fourth Avenue September 12, 2012 Chula Vista, California CALL TO ORDER: ROLL CALL /MOTION TO EXCUSE: Members Present: Spethman, Calvo, Anaya, Moctezuma, Vinson, Liuag PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE: INTRODUCTORY REMARKS: Read into the record by Chair Spethman ORAL COMMUNICATION: No public input CONSENT ITEMS: None PUBLIC HEARINGS: 1. Public Hearing: GPA li-1; Amendment to the General Plan to change the existing designation of a 12.2 acre site from CR (Retail Commercial) to MUR (Mixed Use Residential); PCM 10-19: Consideration of amendments to the Eastlake III General Development Plan (GDP), Sectional Planning Area (SPA) Plan and associated regulatory documents and Planned Community District Regulations and Land Use District Map for 12.2 acres located on the north side of Olympic Parkway, between Olympic Vista Road and Wueste Road/Lake Crest Drive; and PCS 10-02; Consideration of a Tentative Subdivision Map known as the Lake Pointe Project, Chula Vista Tract 10-02 to subdivide approximately 12.2 acres into five lots for a condominium project consisting of 284 residential units, one commercial and one recreation building. For the record, each member of the Planning Commission disclosed that they met individually with the applicant and heard the presentation on the project. Background: Jeff Steichen, project manager, reported that Integral Communities is proposing to develop a mixed-use project consisting of 284 condominiums, 10,000 sf of retail commercial and 3,267 sf of community purpose facility on a 12.2 acre site. 1 9-41 The project will require amendments to the General Plan, the Eastlake III GDP, SPA Plan, District Regulations, Land Use District Map and associated regulatory documents, as well as a Tentative Subdivision Map to create five lots that will site 284 condominiums. The project is subject to the consolidated permit processing provisions, and as with other projects, the City Council has final action on the amendments to the regulatory documents and Tentative Map, with review and recommendation from the Planning Commission. The project's design was reviewed by a member of the DRB and was also presented at a community meeting on March 2, 2012. At the community meeting, issues related to parking, visual impact and noise generated by trash collection were raised. Additional comments in writing were received by staff subsequent to the meeting. Lance Wade, applicant, gave an overview of the project's history, stating that the vision for this area was conceived 25 years ago, with the Olympic Training Center being a focus and destination place for people to visit. They were approached by the Eastlake Company and asked to develop this last piece of property. He further stated that originally the concept plan consisted of 360 units with 3 story buildings across the project, with a 15 foot setback on the north property line that abuts the existing neighborhood. Responding to the community needs, and after months of arduous reviews with City staff, the project was significantly modified and scaled back with a reduction of units to 284, garages for each unit, two and three story buildings, and a minimum setback of 55 feet and up to 80 feet between the project boundary and the closest building on the project site. Mr. Wade introduced Allen Nevin, with The London Group, a leading real estate analyst in the State. Mr. Nevin stated that there is an over-supply of vacant retail space in Eastlake. He pointed out that research indicates that a viable and sustainable commercial center must have a high number of average daily trips, i.e. 40,000 to 50,000, which this site would not generate, therefore, the most appropriate development for this site would be residential. Staff Recommendation: That the Planning Commission adopt: 1. GPA 11-01/PCM 10-19 recommending that the City Council consider the Addendum to FEIR 01-O1 and approve General Plan Amendment and Eastlake III GDP/SPA Plan Amendment and ordinance for the amendment to the PC District Regulations; 2. PCA 10-02 recommending the City Council approve Tentative Subdivision Map; and 3. PCM 12-39 recommending that the Planning Commission waive the Residential Construction Tax for any low or moderate income units provided at the Lake Pointe development Public Hearing Opened The following individuals spoke during public testimony and raised concern with project impacts on their neighborhood as it relates to overflow parking, traffic congestion, noise, blocked views/visual impacts, increase in crime, and impacts to schools. They strongly oppose the project and urged the Commission to deny the project. They are: Jason Rissman, Dave and Jessie Harris, Ana Quin"onez Mantay, Peter Watry, Barney Reed, John Mantey, Dan Mundy, Ricardo Balvaneda, Mar Anthony Reyes, Justin Zielinski, Adrian Pearson, Ken Perea, Veronica Nuncio. 2 9-42 The following individual spoke during public testimony in support of the project and urged the Commission to recommend approval of the project. They are: Cesar Padilla, Lisa Cohen. Public Hearing Closed. Commission Discussion: Cmr. Vinson stated he's generally not supportive of changing commercial zoning to residential, however, he recognizes that this site has been untouched for almost 30 years and sometimes the best intended visions are changed with time and circumstances beyond our control, like a recession. Furthermore, he believes the applicant has done his due diligence in working with staff and the community to mitigate concerns and scaling down the project, therefore, he will support and recommend approval of the project. Cmr. Liuag stated this is a unique piece of real estate and the proposed project is short-sighted and underestimates the potential for this site. He believes that with the right retailers, a commercial site has a chance of surviving. He is not opposed to having some residential on a smaller scale with lowered heights, and would like to see 40% to 50% of the site be commercial. Lastly, because of such strong opposition from the residents, he cannot support the project. Cmr. Anaya commended the developer for his outreach and compromises that he made, however, he concurs with Cmr. Liuag's comments with respect to underestimating the potential for this site and because of strong opposition from the community, he too cannot support the project. Cmr. Moctezuma stated that some of the concerns are extremely valid; one of the most compelling being the vision for that area. Others, like blocked views, are not, because that area was never designated as open space. Also compelling, are the property rights to develop a piece of land; how long should a property owner have to wait before they can develop their land. She would like to see the project preserve an element of the Olympic Training Center and be an Olympic-serving site. Therefore, she will support making a recommendation to approve the project. Cmr. Calvo stated she is understanding of the residents' concerns. This is a great piece of property and ideally something other than commercial or residential should have been sited there. However, when developing land, analysis and studies are conducted to come up with a conclusion of what's the best option for the property. She also feels that more commercial is not appropriate and as studies indicate, it's destined to fail. She believes the property owner has a right to develop the land and will vote in favor of recommending approval of the project. Cmr. Spethman stated that this site is not a destination point unless you are going to the Olympic Training Center or are lost. He stated that he worked on the General Plan Update and shared the vision of a hotel and resort/convention center in this pristine piece of land, but unfortunately the recession hit. The proposed project would not have been his first choice for this site, but agrees that a commercial center is not viable and having a vacant commercial center is not an option; the owner has property rights to develop. He will be supporting a recommendation to approve the project. 3 9-43 MSC (Vinson/Moctezuma)(4-2-0-0) that the Planning Commission adopt resolutions: 1. GPA 11-03/PCM 10-19 recommending that the City Council consider the Addendum to FEIR Ol-Ol and approve General Plan Amendment and Eastlake III GDP/SPA Plan Amendment and ordinance for the amendment to the PC District Regulations; 2. PCA 10-02 recommending the City Council approve Tentative Subdivision Map; and 3. PCM 12-39 recommending that the Planning Commission waive the Residential Construction Tax for any low or moderate income units provided at the Lake Pointe development. Motion carried with Cmrs. Liuag and Anaya voting against it. 2. Action Item: Appointment of new Chair and Vice Chair for FY 2012-13. MSC (Vinson/Liuag)(5-0-1-0) nominating Lisa Moctezuma as Chair of the Planning Commission. Motion carried with Cmr. Mocteiuma abstaining. MSC (Vinson/Liuag)(5-0-1-0) nominating Yolanda Calvo as Vice Chair of the Planning Commission. Motion carried with Cmr. Calvo abstaining. Director's Comments: Director Halbert reported that the California Coastal Commission approved the Chula Vista Bayfront Master Plan. Commission Comments: Cmr. Vinson commended Chair Spethman for his leadership and excellent service as the Planning Commission Chair for FY 2011-12. Meeting Adjourned: To a regular meeting on September 26, 2012. Respectfully Submitted, Diana Vargas Secretary to the Planning Commission 9-44 ATTACHMENT 3 FIGURES 9-45 General Plan Amendment 9-46 GENERAL DEVELOPMENT PLAN MAP AND POLICIES General Development =~-~ Plan =''Gl"' DB t.ePr~cema x1`~/~ Lend Use Acres Target Target RESIDENT. LPL '•` L Lois (0-3 du/ar.) 296.2 22 650 ~ ~ lM Low M,adfum (3-5 duiac; 1545 5.2 799 '~ ~, ~ M MH Medlvm (611 doivrl h (11-18 doivc) M d hi 7.3 9 15 I O.G 15 6 73 239 ~ ~ LM -l H e - g HtgF (18-27+ du/v.c) , 30.7 . 25.0 ~~e, 7~V L ;6 ~ Sob-total Residential 506.6 5.0 ^~ 24 8E f:~~..• "~'~ ~ ~)i; LM MIXED USE Mil -]_ Resi iential ~ ~ 1 ' ,•~: H-nh f18-27+du/ad 11.6 24.3 2~ :; Commercial ^.o ~ .. .' Sob-total M'xed Usa 1~ 23.2 X9.4 - f ~ ~ II NON2ESIDENTIAL H CR Camm. Re;~aJ. 7-2.2 P Pnrk 152 PQ Pu61k/Clunsi-Public 247.1 O$ Open Space 135.7 Grcolation 25.5 Sub-total Non-Residenti 455-1 41].3 TOTAL 954.5 39 2539 2772 lU=UdfuHyinB tan DemiM+tlvlneOra LOaE USe RNGfO M11fOr NM1101rve li0ft e'N OIOVb1P113 0$ Upper olay Reservnlr ~ ~ P. L ', ~ P ~ Project Location M MH _ AMU-1 --~ ''~~ r PQ OrynP: Tnwpaanb Lower Olay Reserwlr PQ ,~ EASTLAKE Ill A planned cornmaniry 6y The East4ake Company (09/27/11) 1.1.8-6 Exhibit 4 General Development Plan 1 9-47 bite Utilization Ptan :~. a: ~ m v . . ~ , -~ { t,, ,,` ~ 1 i '". ~~ ~~ I WR-t ~~ Pq•2 \ ~ i / t ; ^~ ~ , WR•d ~... 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Concern about loss of view from back Due to configuration of units with two story units 4 of their homes on northern portion of site, what will be visible to residents to north is primarily the "rooftops" of the two story units. This would be less visually impact than if the site were develo ed as commercial. Concern about lighting and glare All lighting will be inward and downward; project 5 coming from the project must comply with performance standards of CVMC which do not allow spillover onto adjacent ro erties. Concern about location of trash Coordination can take place between collection 6 receptacles; residents don't want to be schedules for existing residents and proposed woken up; would like more green Project; residential buildings are located minimum space closer to the north and of fifry-five feet from northern property line. No dumpsters placed behind the trash enclosures will be located in front of the buildin s. buildin s. Concern that schools may already be School districts have indicated they have adequate 7 at capacity capacity to serve the project. 9-51 Jason Rissman 2860 Weeping Willow Road Chula Vista, CA 91915 City of Chula Vista Engineering Division 276 Fourth Avenue Chula Vista, CA 91910 Attention: Permits Section Dear Sir or Madam, ~ CC~~Q~~ F1AR - fi 2012 DEVEL6PMENT SERVICES DEPARTMEkT The intent of this letter is to bring to your attention several serious concerns I have iegarding the proposed mixed-use project located at 2801 Olympic Parkway named Lake Pointe. I have been a resident of Chula Vista, CA, for eleven (11) years. This is my second house in Chula Vista within a three mile radius of my first residence. My children were raised and go to school here. My wife works here and her mother has made Chula Vista her home as well. Throughout the years, I have invested my time and energy volunteering at the Eastlake Elementary after school program, serving as a local Boy Scout leader, and currently as a Homeowner's Association (HOA) Board member for Sonora Ridge at Eastlake Vistas. In this capacity, I have served as the HOA president for several terms.' On Thursday, March 1, 2012, my wife and I attended the Community Meeting held at the Olympic Training Center for the proposed Lake Pointe project. As you know, this project includes 288 multi-family condominium units and 10,000 square feet of commercial space located at the aforementioned address. My concerns are numerous both as a homeowner, environmentalist and resident of the Eastlake area of Chula Vista. PARKING During the meeting, several area residents voiced their concern about parking. There is extremely limited area parking in this vicinity. Ihave lived across from the Olympic Training Center (OTC) since 2002. Occasionally, and thankfully not too often, the OTC has an event so significant that the on-site parking is filled to capacity. As a result, visitors park along the eastern edge of the lake on Wueste Road. For those willing to walk a bit father, the east and west sides of Lake Crest Drive, north of Olympic Vista Drive has street parking. This includes the western edge of Lake Crest Drive, between 9-52 Olympic Vista Drive and Wueste Drive. In extreme circumstances, the OTC has bused visitors from the neighboring Otay Ranch shopping center. The complex at Sonora Ridge and its adjacent complex, Summer Hill, has permit pazking only. Those unable to utilize their assigned garage or space pazking inside their respective complex have to resort to parking on the adjoining streets outside the complex. The residents located within Sonora ridge resort to parking on Lake Crest Drive to the east, or Nettle Creek Way and Canoe Creek way to the north. The overflow parking for the residents of Sumner Hill is primarily located on Olympic Vista from Marble Canyon Road to Old 7ana1 Ranch Road. During the weekend, parkingsspace aalong OlympicoVista, as thee roadwray trantsit ns to the nortlheastfrom Olympic Parkway. The development, Alder Lane, located at the southeast comer of Olympic Pazkway and Olympic Vista absorbs any parking to the south. It is more often the case than the exception to see vehicles parked up to the pedestrian limit line on both the east and west sides of the street in front of the complex. Residents even park in the red "no stopping" zone in front of the fire hydrant. Directly east of this complex is the New Hope Church. To date, l have not been able to obtain information on their policy regarding public parking. I am concerned about parking because of the congestion that vehicles cause by virtue of their physical presence. There is already a 386 unit complex, Olympic Pointe, under construction adjacent to the OTC. Development just began. What is the parking impact going to be? Are all its residents and visitors going to park in their assigned garages and/or parking spaces? My concern is this. The unit I currently reside in has a two-car attached garage. Per the HOA rules and regulations, residents are required to park their first two vehicles inside their respective garage space. Each unit within the complex has no less than two (2) garage parking spaces. This gives Sonora Ridge at least 340 garage parking spaces. There are 106 open street parking spaces for residents. Pazking remains so limited that HOA approval must be sought and given to issue guest passes for additional street parking which are limited in duration. Sonora Ridge has a service which canvasses the complex at night and tows vehicles not in compliance with the parking regulations. Lake Pointe is proposing 464 garage spaces with only li9 open spaces. Thirty of those parking spaces aze designated for commercial space. This leaves only 109 open spaces for residents. Sonora Ridge currently has less garage parking yet more open parking spaces. In theory, the builder is assuming that residents will only utilize their garage space for parking vehicles. Actually, people are more likely to adhere to strict parking regulations only when faced with stiff penalties in the form of monetary fines and/or towing of vehicles in violation. Regardless, once the builder is f niched with construction 9-53 their management company and those residents affected will be the ones left behind to deal with the problem. I think this project is shortsighted in its approach by allowing more units and parking than this area can absorb into such a small confined area. Personally, I own two cazs, one motorcycle and have awork-to-home assigned vehicle. Two of these vehicles are pazked inside the garage; the other two on the street. I am only one of over 170 units within the complex. Not barring visitors or guests, I have taken two of the approximately 106 available street parking stalls within the complex. NOISE One of the immediate highlights of the OTC area, Otay Lake itself and Mountain Hawk Park is the view of Otay Mountain to the southeast. The morning sun breaks over the ridge of the mountain casting shadows and outlining its colorful ridges. Coyotes howl at night as owls and bats fly unimpeded in the night sky. The stars shine at night and the moon glimmers off of the lake's edge. I have no measure of the pending visual or audible noise created by Olympic Pointe. It is a large scale construction project that will bring at block some of that view, disturb some of the indigenous wildlife, and bring unwelcomed visible "light" to an area best appreciated at dawn and at twilight. The conceptual site plan has three story units effectively blocking the view of the neighbor's behind it. Shouldn't there be a gradual transition from the eastern most edge of the complex to the proposed walking path along the front of the complex, particularly along the eastern edge of the project? Where is the green space? What happened to ideology of Eastlake? During the meeting, one of the Integral Communities called OTC "the jewel of Chula Vista." Does the City of Chula Vista intend to pay homage to such a landmark by overbuilding it? The OTC is a landmark in the community. It deserves a development that compliments the site, allows visitors to enjoy Otay Lake with its many running and biking trails, and isn't such a commercialized monstrosity. More emphasis should be placed in creating an inviting and family friendly environment that compliments the open space of Otay Mountain, the water feature of Otay Lakes and the spirt of the Olympic Training Center. CONG____ES'I'IO~_' Olympic Pointe has 386 units spread over 30.5 acres. The Lake Pointe project has 288 units proposed over 13.3 acres. That is about 100 less homes but over 18.5 less acres. Using this equation, there should be a proposal of 156 homes, about 132 homes less than is currently under consideration. This does not take into account the 10,000 square foot 9-54 commercial space. Even allowing for a twenty (20) 500 sq. ft townhouses, that is still over 100 more residential units than should be allowed on the parcel. Nearby, at the corner of Birch Road and Eastlake Parkway, The Corky McMillin Company is scheduled to develop a site that will eventually contain 3,000 condomrmum, townhouses and lofts along with over 3.4 million square feet of commercial space. Also planned are a university and hotel. I acknowledge that the community already has a nearby park but why squeeze as many residential units as possible into the location. A softer approach is needed. Profit should not prevail. This is a pristine area that needs to be protected and not be over-built. The Eastlake area of Chula Vista is already a sea of homes. The rooftops dominate the landscape along Olympic Parkway. Why is there this immediate "push" to develop all this available land at the eastern edge of Chula Vista? The push by both the Developer (Integral Communities) and the City of Chula Vista appear to be solely a monetary decision, ignoring the impact to the community and now making this a less desirable place to live. It appears as if both the City and Developer are squeezing in both Lake Pointe and Olympic Pointe and maximizing the number of units in a confined azea in order to gain as much revenue for the builder and tax, HOA, and Me11o Roos revenue for the local associations and the City of Chula Vista. That is regardless of the impact to the community and residents who have lived here longer than those tazgeted for these rental units and it upsets those of us who have decided to make Chula Vista our new home after moving to this area from other parts of San Diego County. All of us (affected homeowners within Eastlake III) have been aware there would be developments in our `back yard', but we expected that both the Developer and City of Chula Vista would respect the current residents and protect the integrity of the Eastlake Development by acting more responsibly and improving the community rather than making it an eyesore with congestion and parking nightmares by virtue of the planned proposal that has been presented to us. Citizens always complain about politics, the political process and the inefficiency of big government. By allowing this current proposal to be approved, the City of Chula Vista would be creating a tacit endorsement for future projects to occur whereby the opinions and concerns of the affected residents aze discounted and "big business" prevails. The Ciry of Chula Vista is committed to build and nurture a progressive and cohesive community which values our diversity, respects our citizens, honors our legacy, and embraces the opportunities of the future. This current project does not honor the legacy of the OTC or the essence of Eastlake. A revision to the project is warranted. 9-55 '• 1 ~ - -, ~ t V ~: 1 i ~ {y ' . -- -- _ i li `f ,.,~ _~:.r_. i~_ - ~p~uyxm Managed By Merit Properly Management, Inc. CCCC~~~~ ~~ ~~ 5473 Kearny Villa Road Suite 200 • San Diego, CA 92123 -~ % / :i/~s Phone: 800/428-5588 Fax: 858/535-3838 Monday, Apri12'°, 2012 City of Chula Vista Development Services ATTN: Jeff Steicheu 276 4'" Avenue Ch~da Vista, CA 91910 Dear Mr. Steichen, The Sonora Ridge Homeowners Association Boarcl of Directors met in Open Session ou Iouday, March 12°', 2012 to discuss the proposed Lake Polite project at 2801 Olympic Parkway. Please let tlis letter serve as our strong opposition to the project. Some of the reasons include the facC that the project deviates from tine master plan Chat was used as a selluig pourt for original homeowners. Additionally; we feel that there will be considerable traffic congestion, wlicli will. prove as a sigiificurt nuisance to die . homeowrners within the Community. The Sonora Ridge Homeowners Association does not believe that the Lake Pointe project compliments tine l;astlake Commmiry. ~rVe ask that you please lake our comments into strong consideration when determinhtg whether or not the Lake Pouite Project as currently proposed will be approved for construction. Agaun; we are opposed to the current proposal and look forward to the revised proposal in the future. Should you require any further documentztion or feedback, please do not hesitate to contact Community Manager, Jacquelinne Murphy of Merit Property Management, Inc. at 858-657-2182 or via e-mail at jmurphy@meritpm.com. Sincerely, Sonora Ridge Homeowners Association Board of Directors 9-56 Jeff Steichen From: Veronica Nuncio-Ramirez- Sent: Monday, September 10, 2012 6.28 PM To: Jeff Steichen; Jessica Gomez Subject: Plan to change CR to MUR I understand that the planning committee is planning to change a lot across from the Olympic training center from Retail commercial to mixed residential. If approved by the city this would create another 284 condo!!! The city already approved and is in the process of building another 400 or so apartments. We have already complained about the increase in traffic, lack of parking increase in crime in the area. We appreciate the consideration of not adding to the problem. It is unfair to the community. It seems there is a lack of respect to homeowners who bought homes to get away from apartments and condos. Please pass on our votes to say no to this plan. Thank you in advance Veronica and David Ramirez 9-57 09/18/2012 Jeff Steichen From: Diana Vargas Sent: Tuesday, September 11, 2012 9:00 AM To: Jeff Steichen Subject: FW: Contact Form -Public Inquiry From: rojoshoes@cox.net [~ Sent: Monday, September 10, 2012 6:47 PM To: Diana Vargas Subject: Contact Form -Public Inquiry City of Chula Vista \~{~r Development Services ~-~~*" ~~. ~^ Planning Commission trrY nr Ctan,a vr1~ THE FOLLOWING PUBLIC INQUIRY HAS BEEN RECEIVED From Veronica Nuncio-Ramirez Email Message The commission is going to decide to change an area across from the Olympic Training center from CR to MUR. The planning commission already approved building another 384 or so which is going to add to traffic, lack of pazking and crime in the area. I request a NO vote for the change in this project. We already have too much traffic in the area, lack of parking created by apartments and condos already in the area and increased rate of crime. Thank you for your consideration. 9-58 09/18/2012 Jeff Steichen From: Diana Vargas Sent: Tuesday, September 11, 2012 9:00 AM To: Jeff Steichen Subject: FW: Contact Form -Public Inquiry From: rojoshoes@cox.net - Sent: Monday, September 10, 2012 7:31 PM To: Diana Vargas Subject: Contact Form -Public Inquiry City of Chula Vista `~~~r Development Services + Planning Commission cstr t>F ctitxA vt THE FOLLOWING PUBLIC INQUIRY HAS BEEN RECEIVED _ _ From Veronica Nuncio-Ramirez Email Message As you are awaze numerous concerns have been brought up due to lack of pazking for residences that live in the community. The apartments and Condos Summer hill and Sonora Ridge residence pazk on adjacent streets. This has been brought up since 2006. So the problem has not been resolved. There is new building adding to the traffic and pazking concerns. you state 4 spaces is too great, then obviously 2 is not enough. What has been done? So the planning commission approved an additiona1448 condos/apartments to be built across from the Olympic training center. That as approved prior to us buying our home in Eastlake Vistas. Now the commission is considering changing from a CR retail commercial to MUR Mixed residential and adding an additional 284 condos. Since we bought here in 2010 there has been an increase in crime, traffic and we cannot even park in front of our own homes. I respectfully request that a NO vote is made. We need to protect the community for the future. Thank you for your consideration. 9-59 09/18!2012 Jeff Steichen From: Diana Vargas Sent: Tuesday, September 11, 2012 9:01 AM To: Jeff Steichen Subject: FW: Contact Form -Public Inquiry From: Tenx@cox.net Sent: Monday, Septem er - To: Diana Vargas Subject: Contact Form -Public Inquiry City of Chula Vista ~~t~/y Development Services Planning Commission rlrv rx cE~axA ~°i~ THE FOLLOWING PUBLIC INQUIRY HAS BEEN RECEIVED From David Ramirez As you are aware numerous concems have been brought up due to lack of parking for residences that live in the community. The apartments and Condos Summer hill and Sonora Ridge residence park on adjacent streets. This has been brought up since 2006. So the problem has not been resolved. There is new building adding to the traffic and parking concerns. you state 4 spaces is too great, then obviously 2 is not enough. What has been done? So the planning commission approved an additiona1448 condos/apartments to be built across from the Olympic training center. That as approved prior to us buying our home in Eastlake Vistas. Now the commission is considering changing from a CR retail commercial to MUR Mixed residential and adding an additional 284 condos. Since we bought here in 2010 there has been an increase in crime, traffic and we cannot even park in front of our own homes. I respectfully request that a NO vote is made. We need to protect the community for the future. Thank you for your consideration. 9-60 09/18/2012 s-si ~; ,~~'n h ~ fo ~o~ 6~ sly ""1-~-~ rn~Div~U~9~~.5 LiS;-rD r3~~,o~J ~-Ls ~~,e3~~~cv; s ~~~ s„~,,,on.,=, ~~~o~e~ ~~'r -~r€~ F I'llZ-~ T\ IYU~~Il _ J~° /%'i A~7 .vt C -rte :/ 7 9-62 C~ ~,~ ,~r~~ A-r"P~~~~ ''~k~;j'ti~1K~~ VLS~,71 i:orv~fLV,~',. 1~1"rE1 2e5 ~OCNf1AL, ,7rJA L"vi Ni `S2:J~'hL %G/'^PLSk- ~~~l~~ ~-r-w~ ~ ~~~ t FrC INOIy~UJifLS E,jS"iZD D~~~ /~iLE ~-~~~O~v;3 6FTir"E So,-~;:z« ~~G-~ cv~nPr.tk X17- '~SfG/j":GE /i 5'~i S. 1-!}'t;`7 DG ~D~i ~-PFD-U/c; Cr' ~rL f',°-C ('DECD Gi~l(.~ Pt .,.s7-~ ,2c:5;OCU~i/fi. lrx1D C.a :H nl ~'y,L~/?t, cowiPt<'k. ..~~w r/~- rs ~b 9-63 ~T~ in; D;v, OvyW C.i s1'2.Y~ (SGLL~J /}rL~ ~~~~Oo~i7:1 C r- .SONJ/'-/~ ,C rUCi /t7 L'FfJ'it fr,~GC ly 1. A~!'J=~vi, ~- ~YC ~J~~f tij c'YJ LAY"ILA a°c./fCJ.^, Pc~`_~' . W 9-64 ~I ,~~~'. %ti.~ rV l~'~/1'U t_, I .~~'~ ISC (~'an1 (?',ri: L'CS t PL"i ` ?I ) !1---' J / LG L G;:,V ..~'i -Zf v( T-( ~~~? fJY' G,~' G~,P. Jt5'r-~3 l~~r~ ~ilD -~oT A~r'tdvr; r)~ Y~~ ; .:;~~ L,y;~.r o~i..ii~.` ~'o'SiUe-:~/irc.C-% 1i.~'~ Cli r"` ~M t'J'tt. ,~Yt~~G "'~V l`~f 9-65 c~ 9-66 The individuals listed below are residents of San Diego County, City of Chula Vista, and do NOT approve of the proposed Lake Paiute Residential and Commercial Complex. ATTACHMENT 5 AGREEMENT TO POST SECURITY FOR AFFORDABLE HOUSING OBLIGATION s-s~ AGREEMENT TO POST SECURITY FOR AFFORDABLE HOUSING OBLIGATION This "Agreement To Post Security For Affordable Housing Obligation' (the "Agreement") is entered into by and between the City of Chula Vista, a California municipal corporation. and charter city (the `'City") and OLY. PARKWAY PROJECT, LLC, a Delaware limited liability company (the "Developer") (these entities may be referred to, collectively, as the "Parties," or each individually, as a "Party'). This Agreement shall be effective as of Che date last signed by the Parties (the "Effective Date") and is entered into with respect to the following recited facts: RECITALS - A. The Developer proposes to construct a housing project with 284 condominiums in Lake Pointe, located on Olympic Parkway, in the City of Chula Vista within the Eastlake IIi master planned community (the "Project"). B. The City o'f Chula Vista established the City's "Balanced Communities Affordable Housing "lnclusionary" Policy" ("Policy 5.1.1") which requires ten (lU) percent of each housing development of 50 units or more to be affordable to low and moderate- income households ("Affordable Units"), with at least one half of the Affordable Units (5% of the projecC Cotal units) being designated for low-income households ("Affordable Housing Obligation"). The term "Unit" as used in Policy 5.1.1 has the same definition of "dwelling unit" as contauied in the Uniform building Code. C. Pursuant to Policy 5.1.1, the 284 units associated with the Project generate an Affordable Housing Obligation of 28.4 Affordable Units. D. The City and Developer desire to enter into this Agreement to secure satisfaction of the afore-mentioned 28.4-Affordable Unit requirement and allow development of the Project to proceed prior to actual construction of the affordable housing units. E. The City Housing Division staff has conducted a draft in lieu fee study. Based on that draft study, the contribution for the 28.4-Affordable Unit requirement in lieu of actual units would be $3,527,848 ($124,220 per unit). F. The City Council has found that this Agreement is consistent with the City's Housing Element and all other applicable policies and regulations of the City. Page 1 of 10 - 9-68 AGREEMENT NOW, THEREFORE, CITY AND DEVELOPER agree as follows: I. Affordable Housing Obligation. L] Affordable Housing Requirement. In accordance with Policy 5.1.1, Developer is obligated to meet the Affordable Housing Obligation of 28.4 Affordable Units. [f the Developer opts to construct or have constructed the Affordable Housing Obligation, the obligation may be met by consttuction of 29 Affordable Housing Units (15 units for Law Income and 14 units for Moderate Income) within the Lake Pointe Project ("Affordable Elousing Requirement"). 1.2 Alternate Methods. Notwithstanding the foregoing section 1, 1, Developer may satisfy its Affordable Housing Requirement through one of the following, a-d, alternate methods ("Alternate Methods"): a. Constructing 28 Affordable Units within the eastern portion of the City of Chula Vista, within or outside of the Lake Pointe Development, subject to City's approval, which shall not be unreasonably withheld, and either: The payment to the City in the amount of $49,688 for the partial remaining unit (.4), which pa}nnent shall be placed in the Inclusionat Housing Fund, or 2. The construction of one additional Low Income unit. b. Constructing 14 Affordable Units (14 units of Moderate Income) within the eastern portion of the City of Chula Vista, within or outside of the Lake Pointe Development, subject to City's approval; which shall not he unreasonably withheld, and the payment to the City in the amount of $!,788,768 (14.4 units), which payment shall be placed in the Inclusionary Housing Fund. c. The payment to the Ciry of Chula Vista of an in lieu fee in the amount of $3,527,848, which payment shall be placed in the Inclusionary Housing Fund. d. Purchasing 3.7 Low Income Affordable Housing credits from The Eastlake Company remaining from the development of the Landings II affordable housing project; providing sufficient evidence, to the satisfaction of the City, of the purchase of such credits; authorizing the City to apply the credits to its Affordable Housing Requirement; and satisfying the balance of its Affordable Housing Requirement (10.5 Units of Low-Income housing and 14.2 Units of Moderate-Income housing) by either: 1. Constructing 24 Affordable Units (10 units of Low Income housing and 14 units of Moderate Income) within the eastern portion of the City of Page 2 of 10 - 9-69 Chula Vista (east of Interstate-805), within or outside of the Lake Pointe Development, subject to City's reasonable approval of the location, and either: The payment to the City in the amount of $86,954 for the partial remaining unit (0.7), which payment shall be placed in the Inclusionary Housing Fund; or ii. Construction of one additional Low Income unit. Constructing 14 Affordable Units (14 units of Moderate Income) within the Lake Pointe Project and payment to the City in the amount of $1,329,154 (10.7 units), which payment shall be placed in the lnclusionary Housing Fund; or 3. Paying the City of Chula Vista an in lieu fee in the amount of $3,068,234, which payment shall be placed in the Inclusionary Housing Fund. 1.3 Chances in Unit Count. In the event that the Developer obtains approval to construct additional or less dwelling units, its Affordable Housing Requirement, identified in the Recitals and in section 1.1, above, shall be adjusted in a manner such that the Affordable Housing Requirement complies with Policy S.L1. The adjushnent in the Affordable Housing Requirement shall be an administrative act and not require an amendment to this Agreement. 2. BONDED SECURITY. 2.1 Performance Bond. [n order to secure satisfaction of the Affordable Housing Requirement, Developer shall post a performance bond for the benefit of the City in the amount of the Affordable Housing Requirement in lieu fee (the "Bond"). Developer shall post the Bond with the City prior to the issuance of any building petmits for the Project. The tetms of the Bond shall include the following: a. The Bond shall be in the amount of $3,527,848; b. The Bond shall be for a term of two (2) years, with two possible one-year extensions, for a total term of four years; and shall thereafter be extended until such time as the Developer satisfies all of the obligations under this Agreement and the regulatory agreement discussed in section 2.1(d)(1), below. c. The Bond shall be in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by this Agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Page 3 of 10 - 9-70 Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must he accompanied by a certified copy of such agent's authority to act. Sm•ety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the City Attorney and Risk Manager. d. Subsequent to posting the Bond, Developer shall meet the following milestones, to the City's satisfaction: I. Within two years of posting the bond, Developer shall enter into a regulatory agreement with the City that identifies specific teens and conditions related to the construction of the Units; 2. Within three years of posting the bond, Developer shall obtain all required permits (e.g., building permits) necessary to construct the Units; 3. Within four' years of posting the bond, Developer shall obtain one of the following: (i) a Certificate of Occupancy for each of the Affordable Units; (ii) a business license, as maybe applicable if the Units are constructed as multi-family rental housing; or (iii) the final, pre-occupancy inspection by the City's Housing staff to determine the Units' compliance with Housing Quality Standards; e. The Bond shall be released in full only upon fulfillment of the Affordable Housing Requirement. Developer may request the City to reduce the amount of the Bond requirement based on work completed toward construction of the 29 Units or payment of In-lieu fees; such a request may be granted by the City Manager, or designee, at his or her discretion; f The Bond shall provide that in the event that the Developer fails to satisfy his/her/its obligations under this Agreement within the timefiames identified herein, the City may, in its sole discretion, require the surety to remit payment of the face amount of the bond to the City; g. The Bond surety shall be subject to approval by the City; h. The Bond shall additionally secure costs and reasonable expenses and fees, including attorneys' fees, which may be incurred by the City in enforcing the Bond obligation; and i. The Bond shall comply with all other bonding requirements of the City in effect at the time the Bond is issued. j. Notwithstanding Section 2.1(d) hereof, upon a sale or transfer of the Lake Pointe Project, Developer may submit a replacement bond (`'Replacement Bond") for the Bond and the initial Bond shall be cancelled and returned upon the posting of such Replacement Bond. Any Replacement Bond must meet the same requirements as the initial Bond, and must be approved in advance Page4of10- 9-71 by the City prior to release of the initial Bond, which approval will not be unreasonably withheld. 2.2 Building Permit Issuance. Provided the Developer posts the Baud which meets all of the requirements of section 2, the City will re]ease building permits for the Project in accordance with all of the ordinances, policies, and regulations of the City in effect at the time of the permit issuance. 3. INDEMNIFfCATION. 3.1 General Requirement. Developer shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, agents and employees, from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Developer, its officials, officers, employees, agents, and contractors, arising out of or related to this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence, active negligence or willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Developer, its employees, agents or officers, or any third party. 3.2 Costs of Defense and Award. Included in the obligations in section 3.1, above, is Developer's obligation to defend, at Developer's own cost, expense and risk, any and all suits, actions or other legal proceedings, that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers- Developer shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all related legal expenses and costs incurred by each of them. 33 Insurance Proceeds. Developers obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, of£cials, officers, employees, agents, and/or volunteers. 3.4 Declarations. Developer's obligations under this section 3 shall not be limited by any prior or subsequent declaration by the City or Developer. 3.5 Enforcement Costs. Developer agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in section 3. 3.6 Survival. Developer's obligations under section 3 shall survive the termination of this Agreement. -Page5of10- 9-72 4. NOTICE AND COMMUNICATIONS. 4.1 Notices. Any and all notices submitted by any Patty to any other Party pursuant to or as required by this Agreement shall be proper, if in writing and transmitted to the address of the ParTy set forth in section 4.2 by one or more of the following methods: (a) messenger for immediate personal delivery, (b) a nationally recognized overnight (one business day) delivery service (i.e., Federal Express, United Parcel Service, etc.) or (c) registered or certified United States mail, postage prepaid, return receipt requested. Such notices may be sent in the same manner to such other addresses as either Party may designate, from time to time, by notice. Any notice shall be deemed to be received by the addressee, regardless of whether or when any return receipt is received by the sender or the date set forth on such return receipt, on the day that it is delivered by personal delivery, on the date of delivery by a nationally recognized overnight courier service (or when delivery has been attempted twice, as evidenced by the written report of the courier service) or four (4) calendar days after it is deposited with the United States Postal Service for delivery, as provided in this Section 4.1. Rejection, other refusal to accept, the inability 20 deliver a notice because of a changed address of which no notice was given, or other action by a person to whom notice is sent, shall be deemed receipt of the notice by such person. Delivery of a notice to any courtesy copy recipient shall not be a prerequisite to the validity or effectiveness of any Notice. 4.2 Addresses. The following are the authorized addresses for the submission of notices to the Parties, as of the Effective Date: To the City: Housing Manager City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 To the Developer: Lance Waite Integral Communities 2235 Encinitas Blvd, Suite 216 Encinitas, CA 92024 S. GENERAL PROVISIONS 1 Headings. All article headings are for convenience only and shall not affect the interpretation of this Agreement. 5.2 Gender and Number. Whenever the context xequires, the use herein of (i) the neuter gender includes the masculine and the feminine genders and (ii) the singular number includes the plural number. -Pnge6ofY0- 9-73 5.3 Reference to Paraeraohs. Each reference in this Agreement to a section refers, unless otherwise stated, to a section of this Agreement. 5.4 Incot~ration of Recitals. Alt recitals herein are incorporated into this Agreement and are made a part hereof. 5.5 Covenants and Conditions. All provisions of this Agreement expressed as either covenants or conditions on the part of the City or Developer, shall he deemed to be both covenants and conditions. 5.6 lnteQration. This Agreement and the Exhibits and references incorporated into this Agreement fully express all understandings of the Patties concerning the matters covered in this Agreement. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid, unless made in the form of a written change agreed to in writing by both Parties or as an amendment to this Agreement executed by both Parties. All prior negotiations and aa~eements are merged into this Agreement. 5.7 Severability. The unenforceability, invalidity, ur illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal. 5.8 Drafrin~ Ambieuities. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision that is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement. 5.9 Conflicts Between Terms. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement. 5.10 Promnt Performance. Time is of the essence of each covenant and condition set forth in this Agreement. 5.11 Good Faith Performance. The Parties shall cooperate with each other in good faith, and assist each other in the performance of the provisions of this Agreement. Page7of10- 9-74 S.12 Further Assurances. City and Developer each agree to execute and deliver such additional documents as may be required to effectuate the purposes of this Agreement. 5.13 Controlline Law. The Parties acknowledge and agree that this Agreement is entered into, is to be fully performed in and relates to real property located in the City of Chula Vista, County of San Diego, State of Califomia. The laws of the State of Califomia shall govern and control the terms and conditions of this Agreement. S.14 Jurisdiction, Venue, and Attorney Fees. To the extent permitted by law, the venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the Superior Court of the County of San Diego, State of Califomia or in the United States District Court with jurisdiction in the County. The prevailing Party in any such suit or proceeding shall be entitled to a reasonable award of attorney fees in addition to any other award made in such suit or proceeding. S.li Aeencv/Municipal Powers. Nothing contained in this Agreement shall be construed as a limitation upon the powers of the City as a chartered city of the State of Califomia. 5.16 Relationship of Parties. The Parties each intend and agree that the City and Developer are independent contracting entities and do not intend by this Agreement to create any partnership, joint venture, or similar business arrangement, relationship or association among or between them. 5.17 Third Party Relationships. Nothing in this Agreement shall create a contractual relationship between City and any third party. 5.18 Successors in Interest. This Agreement and alt rights and obligations created by this Agreement shall be in force and effect whether or not any Parties to the Agreement have been succeeded by another entity, and all rights and obligations created, by this Agreement shall be vested and binding on any Party's successor in interest. 5.19 No Waiver. No failure of either the City to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach. 5.20 Administrative Claims Requirements. No suit or arbitration shall be brought arising out of this Agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in Page 8 of 10 - 9-75 accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same- 5.21 Non-liability of Officials, Empiovees and Agents. No elected official, officer, director, employee or agent of the City, shall be personally liable to Developer, or any successor-in-interest of Developer, in the event of any default or breach by the City under this Agreement. 5.22 Execution in Countet~rts. This Agreement may be executed in multiple counterpart originals, each of which shall be deemed to be an original, but all of which together shall constitute one and the same document. 5.23 SiQnin~ Authority. The representative for each Party signing on behalf of such Party hereby declares that authority has been obtained to sign on behalf of the City and/or the Developer, as applicable and agrees to hold the other Party or Parties hereto harmless, if it is later determined that such authority does not exist. [END OF PAGE -Next Page is Signature Page] Page 9 of 10 - 9-76 SIGNATURE PAGE TO AGREEMENT TO POST SECURITY FOR AFFORDABLE HOUSING OBLIGATION The Parties have signed this Agreement by and tluough the signatures of their authorized representatives, as set forth below: CITY CITY OF CHULA VISTA, a California municipal corporation and charter city By: James D. Sandoval, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ~~ ~~ ~ Waite, Authorized Representative DEVELOPER OLY. PARKWAY PROJECT, LLC, a Delaware limited liability company By: Lakepointe Communities Manager, LLC, a California Limited liability company Its Manager By: KPMW Integral, LLC, a California limited liability company Its Manager Dated: ~- t O ~ ~ ~" -Pagel0of10- 9-77 ATTACHMENT 6 OWNERSHIP DISCLOSURE FORM 9-78 ~w~ ~~ti cm or CHULA VISTA Disclosure Statement D e v e l o p m e n t S e r v i c e s D e p a r t m e n t Planning Division ~ Development Processing APPLICATION APPENDIX B Pursuant Co Ci[y Council Policy 101-O1, prior to any action on a matter that requires discretionary action by the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial interest, payments, and campaign contributions must be filed The following inFormation must be disclosed: 7. List the names of all persons having a financial interest in the project that is the subject of the application, project or contract (e g., owner, applicant, contractor, subcontractor, material supplier) ~1~r~r:s`~.t.l~.~~S~s.}_Ll._~- ~t>t^+rti-C,~'~n~~L _ ~.~rl~a.'n1h- - ~' i'..~,~c CY~atr.~~e~-~_cr 1~~-~et1~c? er~~~ l _...__ ~L72'1 ~r~c~s?~ -__l_~ceW`~+'~~ 2, If any person* identified in section 1.. above is a corporation or partnership, list the names of all individuals with an investment of $2000 or more in the business (corporation/partnership) entity 1f~~ ~c"~P'lf S" ~ c i }t_ ~1...~,1f~, S.y_Lc~.f1C~.~'.~~~.f 3.. If any person" identified in section i above is anon-profit organization or trust, list the names of any person who is the director of the non-profit organization or the names of the trustee, beneficiary and trustor of the trust 4. Please identify every person, including any agents, employees, consultants, ar independent contractors, whom you have authorized to represent you before the City in this matter. ~Zs'Lr~.~ - `~ tt'Xa r111E ~.4 . ~~rn; ~ r, ~3 i'~ a r~ 0 ~vYl__~~t-l ~ ~ 1---.x.11 - ~c~in.r~ -P~ C t' S(1V'1 -------_. S. Nas any person *identified in 1 , 2., 3-, or 4, above, or otherwise associated with this contratt, projett or application, had any financial dealings with an official** of the City of Chula Vista as it relates to this contract, project or application within the past 72 months? Yes _ No y,~"'~ If yes, brieFly describe the nature of the financial interest the official** may have in this contract. bv.e I fla0310 / 27b Fourth Avenue ~ Chula Vista ~ California ~ 91970 I (619} 697 5101 ' °9"' 9-79 '\~(/l D e v e l o p m e n t S e r v i c e s D e p a r t m e n t ~~ Planning Division ~ Development Processing crrvoF APPLICATION APPENDIX B CHUTA V157A Disclosure Statement - Page 2 6.. Has any person "identified in 1 , 2., 3., or 4., above, or otherwise associated with this convacC project or application, made a campaign contribution of more than 5250 within the past (12) months to a current member of the Ci[y of ula Vista Coun 'I ? Yes _br~r~ No -- if yes which council member? ~, a}_ '(tyS,Lr~-~~.Y._LG Ps U c-.G ] ~.. ,. _..__ -.-._.- __ 7.. Has any person "identified in 1 , 2., 3 , or 4 ,above, or otherwise associated with this contract, project or application, provided more than $420 (or an item of equivalent value) to an official** of the City of Chula Vista in the past (12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price of anything of value, money to retirees legal debt, gift, loan, etc.) Yes... __ No _s~%"" If yes, which official"* and what was the nature of the item provided? . __._._--.___ _-_- 8. Has any person "identified in i , 2, 3., or 4., above, or otherwise associated with this contract, project or application, been a source of income of $500 or more to an official** of the Ciry of Chula Vista in the past (t2) months? Yes No `J _ _..._ .. If yes, which official** and the nature of the item provided? _-.-_. _. -.__ __. - -___ Date -~.-F-/-~-r-~- ~ ...-d°-....~.L-t/.-.-.[...__ Pl--i'-_-. Signature of Contractor/A~aplicant Print or type name of ContractorlApplicant * Person is identified as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. ** official includes, but is not limited to: Mayor,.Council member, Planning Commissioner, Member of a board, commission or committee of the City, and City employee or staff members. *** This disclosure Statement must be completed at the time the project application, or contract, is submitted io City staff for processing, and updated within one week prior to consideration by legislative body. Las[ Updated: March 26, 2010 Fpln A~Ra ievOTO 276 Fourth Avenue ~ Chula Vista ~ California j 91910 ~ (679) 691St 01 >a v: 9-80 ATTACHMENT 7 EASTLAKE III GDP/SPA PLAN AMENDMENT BINDER ATTACHMENT 8 ADDENDUM TO FEIR-Ol-Ol ATTACHMENT 9 COMMERCIAL LANDS ANALYSIS ATTACHMENT 10 PUBLIC FACILITIES FINANCING PLAN AMENDMENT ATTACHMENT 11 PROJECT PLANS 9-81 AGREEMENT TO POST SECURITY FOR AFFORDABLE HOUSING OBLIGATION This "Agreement To Post Security For Affordable Housing Obligation" (the "Agreement") is entered into by and between the City of Chula Vista, a California municipal corporation and charter city (the "City") and OLY. PARKWAY PROJECT, LLC, a Delaware limited liability company (the "Developer") (these entities may be referred to, collectively, as the "Parties," or each individually, as a "Party"). This Agreement shall be effective as of the date last signed by the Parties (the "Effective Date") and is entered into with respect to the following recited facts: RECITALS A. The Developer proposes to construct a housing project with 284 condominiums in Lake Pointe, located on Olympic Parkway, in the City of Chula Vista within the Eastlake III master planned community (the "Project"). B. The City of Chula Vista established the City's "Balanced Communities Affordable Housing "Inclusionary" Policy" ("Policy 5.1.1") which requires ten (10) percent of each housing development of 50 units or more to be affordable to low and moderate- income households ("Affordable Units"), with at least one half of the Affordable Units (5% of the project total units) being designated for low-income households ("Affordable Housing Obligation"). The term "Unit" as used in Policy 5.1.1 has the same definition of "dwelling unit" as contained in the Uniform building Code. C. Pursuant to Policy 5.1.1, the 284 units associated with the Project generate an Affordable Housing Obligation of 28.4 Affordable Units. D. The City and Developer desire to enter into this Agreement to secure satisfaction of the afore-mentioned 28.4-Affordable Unit requirement and allow development of the Project to proceed prior to actual construction of the affordable housing units. E. The City Housing Division staff has conducted a draft in lieu fee study. Based on that draft study, the contribution for the 28.4-Affordable Unit requirement in lieu of actual units would be $3,527,848 ($124,220 per unit). F. The City Council has found that this Agreement is consistent with the City's Housing Element and all other applicable policies and regulations of the City. -Pagelofl0- 9-82 AGREEMENT NOW, THEREFORE, CITY AND DEVELOPER agree as follows: 1. Affordable Housing Obligation. 1.1 Affordable Housing Requirement. In accordance with Policy 5.1.1, Developer is obligated to meet the Affordable Housing Obligation of 28.4 Affordable Units. If the Developer opts to construct or have constructed the Affordable Housing Obligation, the obligation may be met by construction of 29 Affordable Housing Units (15 units for Low Income and 14 units for Moderate Income) within the Lake Pointe Project ('`Affordable Housing Requirement"). 1.2 Alternate Methods. Notwithstanding the foregoing section 1.1, Developer may satisfy its Affordable Housing Requirement through one of the following, a-d, alternate methods ("Alternate Methods"): a. Constructing 28 Affordable Units within the eastern portion of the City of Chula Vista, within or outside of the Lake Pointe Development, subject to City's approval, which shall not be unreasonably withheld, and either: 1. The payment to the City in the amount of $49,688 for the partial remaining unit (.4), which payment shall be placed in the Inclusionary Housing Fund, or 2. The construction of one additional Low Income unit. b. Constructing 14 Affordable Units (14 units of Moderate Income) within the eastern portion of the City of Chula Vista, within or outside of the Lake Pointe Development, subject to City's approval, which shall not be unreasonably withheld, and the payment to the City in the amount of $1,788,768 (14.4 units), which payment shall be placed in the Inclusionary Housing Fund. c. The payment to the City of Chula Vista of an in lieu fee in the amount of $3,527,848, which payment shall be placed in the Inclusionazy Housing Fund. d. Purchasing 3.7 Low Income Affordable Housing credits from The Eastlake Company remaining from the development of the Landings II affordable housing project; providing sufficient evidence, to the satisfaction of the City, of the purchase of such credits; authorizing the City to apply the credits to its Affordable Housing Requirement; and satisfying the balance of its Affordable Housing Requirement (10.5 Units of Low-Income housing and 14.2 Units of Moderate-Income housing) by either: Constructing 24 Affordable Units (10 units of Low Income housing and 14 units of Moderate Income) within the eastern portion of the City of Page2of10- 9-83 Chula Vista (east of Interstate-805), within or outside of the Lake Pointe Development, subject to City's reasonable approval of the location, and either: i. The payment to the City in the amount of $86,954 for the partial remaining unit (0.7), which payment shall be placed in the Inclusionary Housing Fund; or ii. Construction of one additional Low Income unit. 2. Constructing 14 Affordable Units (14 units of Moderate Income) within the Lake Pointe Project and payment to the City in the amount of $1,329,154 (10.7 units), which payment shall be placed in the Inclusionary Housing Fund; or 3. Paying the City of Chula Vista an in lieu fee in the amount of $3,068,234, which payment shall be placed in the Inclusionary Housing Fund. 1.3 Chances in Unit Count. hi the event that the Developer obtains approval to construct additional or less dwelling units, its Affordable Housing Requirement, identified in the Recitals and in section 1.1, above, shall be adjusted in a manner such that the Affordable Housing Requirement complies with Policy 5.1.1. The adjustment in the Affordable Housing Requirement shall be an administrative act and not require an amendment to this Agreement. 2. BONDED SECURITY. 2.1 Performance Bond. In order to secure satisfaction of the Affordable Housing Requirement, Developer shall post a performance bond for the benefit of the City in the amount of the Affordable Housing Requirement in lieu fee (the "Bond"). Developer shall post the Bond with the City prior to the issuance of any building permits for the Project. The terms of the Bond shall include the following: a. The Bond shall be in the amount of $3,527,848; b. The Bond shall be for a term of two (2) years, with two possible one-year extensions, for a total term of four years; and shall thereafter be extended until such time as the Developer satisfies all of the obligations under this Agreement and the regulatory agreement discussed in section 2.1(d)(1), below. c. The Bond shall be in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://www.fms.treas.gov/c57Q, and whose underwriting limitation is sufficient to issue bonds in the amount required by this Agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil -Page3of10- 9-84 Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the City Attorney and Risk Manager. d. Subsequent to posting the Bond, Developer shall meet the following milestones, to the City's satisfaction: 1. Within two years of posting the bond, Developer shall enter into a regulatory agreement with the City that identifies specific terms and conditions related to the construction of the Units; 2. Within three years of posting the bond, Developer shall obtain all required permits (e.g., building pemuts) necessary to construct the Units; 3. Within four years of posting the bond, Developer shall obtain one of the following: (i) a Certificate of Occupancy for each of the Affordable Units; (ii) a business license, as maybe applicable if the Units are constructed as multi-family rental housing; or (iii) the final, pre-occupancy inspection by the City's Housing staff to determine the Units' compliance with Housing Quality Standards; e. The Bond shall be released in full only upon fulfillment of the Affordable Housing Requirement. Developer may request the City to reduce the amount of the Bond requirement based on work completed towazd construction of the 29 Units or payment of In-lieu fees; such a request maybe granted by the City Manager, or designee, at his or her discretion; £ The Bond shall provide that in the event that the Developer fails to satisfy his/her/its obligations under this Agreement within the timeframes identified herein, the City may, in its sole discretion, require the surety to remit payment of the face amount of the bond to the City; g. The Bond surety shall be subject to approval by the City; h. The Bond shall additionally secure costs and reasonable expenses and fees, including attorneys' fees, which may be incurred by the City in enforcing the Bond obligation; and The Bond shall comply with all other bonding requirements of the City in effect at the time the Bond is issued. Notwithstanding Section 2.1(d) hereof, upon a sale or transfer of the Lake Pointe Project, Developer may submit a replacement bond ("Replacement Bond") for the Bond and the initial Bond shall be cancelled and returned upon the posting of such Replacement Bond. Any Replacement Bond must meet the same requirements as the initial Bond, and must be approved in advance Page 4 of 10 - 9-85 by the City prior to release of the initial Bond, which approval will not be unreasonably withheld. 2.2 Buildin¢ Permit Issuance. Provided the Developer posts the Bond which meets all of the requirements of section 2, the City will release building permits for the Project in accordance with all of the ordinances, policies, and regulations of the City in effect at the time of the permit issuance. 3. INDEMNIFICATION. 3.1 General Requirement. Developer shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, agents and employees, from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any maaner arising out of or incident-to any alleged acts, omissions, negligence, or willful misconduct of Developer, its officials, officers, employees, agents, and contractors, arising out of or related to this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence, active negligence or willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Developer, its employees, agents or officers, or any third party. 3.2 Costs of Defense and Award. Included in the obligations in section 3.1, above, is Developer's obligation to defend, at Developer's own cost, expense and risk, any and all suits, actions or other legal proceedings, that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or. volunteers. Developer shall pay and satisfy any judgment, awazd or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all related legal expenses and costs incurred by each of them. 3.3 Insurance Proceeds. Developer's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, and/or volunteers. 3.4 Declarations. Developer's obligations under this section 3 shall not be limited by any prior or subsequent declaration by the City or Developer. 3.5 Enforcement Costs. Developer agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in section 3. 3.6 Survival. Developer's obligations under section 3 shall survive the termination of this Agreement. -Page 5 of 10 - 9-86 4. NOTICE AND COMMiNICATIONS. 4.1 Notices. Any and all notices submitted by any Party to any other Party pursuant to or as required by this Agreement shall be proper, if in writing and transmitted to the address of the Party set forth in section 4.2 by one or more of the following methods: (a) messenger for immediate personal delivery, (b) a nationally recognized overnight (one business day) delivery service (i.e., Federal Express, United Pazcel Service, etc.) or (c) registered or certified United States mail, postage prepaid, return receipt requested. Such notices may be sent in the same manner to such other addresses as either Party may designate, from time to time, by notice. Any notice shall be deemed to be received by the addressee, regardless of whether or when any return receipt is received by the sender or the date set forth on such return receipt, on the day that it is delivered by personal delivery, on the date of delivery by a nationally recognized overnight courier service (or when delivery has been attempted twice, as evidenced by the written report of the courier service) or four (4) calendar days after it is deposited with the United States Postal Service for delivery, as provided in this Section 4.1. Rejection, other refusal to accept, the inability to deliver a notice because of a changed address of which no notice was given, or other action by a person to whom notice is sent, shall be deemed receipt of the notice by such person. Delivery of a notice to any courtesy copy recipient shall not be a prerequisite to the validity or effectiveness of any Notice. 4.2 Addresses. The following are the authorized addresses for the submission of notices to the Parties, as of the Effective Date: To the City: Housing Manager City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 To the Developer: Lance Waite Integral Communities 2235 Encinitas Blvd, Suite 216 Encinitas, CA 92024 5. GENERAL PROVISIONS 5.1 HeadinQS. All article headings aze for convenience only and shall not affect the interpretation of this Agreement. 5.2 Gender and Number. Whenever the context requires, the use herein of (i) the neuter gender includes the masculine and the feminine genders and (ii) the singular number includes the plural number. -Page6of10- 9-87 5.3 Reference to Paragraphs. Each reference in this Agreement to a section refers, unless otherwise stated, to a section of this Agreement. 5.4 Incorporation of Recitals. All recitals herein are incorporated into this Agreement and are made a part hereof. 5.5 Covenants and Conditions. All provisions of this Agreement expressed as either covenants or conditions on the part of the City or Developer, shall be deemed to be both covenants and conditions. 5.6Inteeration. This Agreement and the Exhibits and references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid, unless made in the form of a written change agreed to in writing by both Parties or as an amendment to this Agreement executed by both Parties. All prior negotiations and agreements are merged into this Agreement. 5.7 Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal. 5.8 Drafting AmbiQUities. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision that is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Pazry participated in the drafting of the Agreement. 5.9 Conflicts Between Terms. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders; or codes aze not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement. 5.10 Prompt Performance. Time is of the essence of each covenant and condition set forth in this Agreement. 5.11 Good Faith Performance. The Parties shall cooperate with each other in good faith, and assist each other in the performance of the provisions of this Agreement. Page 7 of 10 - 9-88 5.12 Further Assurances. City and Developer each agree to execute and deliver such additional documents as may be required to effectuate the purposes of this Agreement. 5.13 Controlling Law. The Parties aclatowledge and agree that this Agreement is entered into, is to be fully performed in and relates to real property located in the City of Chula Vista, County of San Diego, State of California. The laws of the State of California shall govern and control the terms and conditions of this Agreement. 5.14 Jurisdiction, Venue, and Attorney Fees. To the extent permitted by law, the venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the Superior Court of the County of San Diego, State of California or in the United States District Court with jurisdiction in the County. The prevailing Party in any such suit or proceeding shall be entitled to a reasonable award of attorney fees in addition to any other award made in such suit or proceeding. 5.15 Aeencv/Municinal Powers. Nothing contained in this Agreement shall be construed as a limitation upon the powers of the City as a chartered city of the State of California. 5.16 Relationship of Parties. The Parties each intend and agree that the City and Developer are independent contracting entities and do not intend by this Agreement to create any partnership, joint venture, or similar business arrangement, relationship or association among or between them. 5.17 Third Party Relationships. Nothing in this Agreement shall create a contractual relationship between City and any third party. 5.18 Successors in Interest. This Agreement and all rights and obligations created by this Agreement shall be in force and effect whether or not any Parties to the Agreement have been succeeded by another entity, and all rights and obligations created, by this Agreement shall be vested and binding on any Party's successor in interest. 5.19 No Waiver. No failure of either the City to insist upon the strict performanceby the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach. 5.20 Administrative Claims Requirements. No suit or arbitration shall be brought arising out of this Agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in Page8of10- 9-89 accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. 5.21 Non-liability of Officials, Employees and Aeents. No elected official, officer, duector, employee or agent of the City, shall be personally liable to Developer, or any successor-in-interest of Developer, in the event of any default or breach by the City under this Agreement. 5.22 Execution in Counterparts. This Agreement may be executed in multiple counterpart originals, each of which shall be deemed to be an original, but all of which together shall constitute one and the same document. 5.23 Signing Authority. The representative for each Parry signing on behalf of such Party hereby declares that authority has been obtained to sign on behalf of the City and/or the Developer, as applicable and agrees to hold the other Party or Parties hereto harmless, if it is later determined that such authority does not exist. [END OF PAGE -Next Page is Signature Page] -Page9of10- 9-90 SIGNATURE PAGE TO AGREEMENT TO POST SECURITY FOR AFFORDABLE HOUSING OBLIGATION The Parties have signed this Agreement by and through the signatures of their authorized representatives, as set forth below: CITY DEVELOPER CITY OF CHULA VISTA, a California OLY. PARKWAY PROJECT, LLC, municipal corporation and charter city a Delaware limited liability company By: James D. Sandoval, City Manager By: Lakepointe Communities Manager, LLC, a California limited liability company Dated: ATTEST: Its Manager By: KPMW Integral, LLC, a California limited liability company Its Manager City Clerk I / ~~ APPROVED AS TO FORM: an~e~Wfaite/AQuthorized Representative Dated: ! - f <-3 ~ B Z City Attorney Page 10 of 10 - 9-91 RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING THE ADDENDUM (IS-10-008) TO FEIR-O1-Ol; APPROVING AMENDMENTS TO CITY OF CHULA VISTA GENERAL PLAN, THE EASTLAKE III GENERAL DEVELOPMENT PLAN (GDP), SECTIONAL PLANNING AREA (SPA) PLAN, FISCAL IMPACT ANALYSIS AND ASSOCIATED REGULATORY DOCUMENTS TO CHANGE THE LAND USE DESIGNATION FROM CR (RETAIL COMMERCIAL) TO MU-1 (MIXED USE) FORA 12.2 ACRE SITE LOCATED ON THE NORTH SIDE OF OLYMPIC PARKWAY, BETWEEN OLYMPIC VISTA ROAD AND WUESTE ROAD/LAKE CREST DRIVE. I. RECITALS A. Project Site WHEREAS, the area of land that is the subject of this Resolution is diagrammatically represented in Exhibit A attached to and incorporated into this Resolution, and commonly known as Lake Pointe, and for the purpose of general description herein consists of 12.2 acres located on the north side of Olympic Parkway between Olympic Vista Road and Wueste Road/Lake Crest Drive ("Project Site"); and B. Project; Application for Discretionary Approvals WHEREAS, a duly verified amended application was filed with the City of Chula Vista Development Services Department on September 30, 2010 by Integral Communities ("Applicant")("Owner and Developer"), requesting approval of amendments to the Chula Vista General Plan, Eastlake III GDP/SPA Plan, the Planned Community District Regulations and associated regulatory documents for the Project Site ("Project); and C. Prior Discretionary Approvals WHEREAS, development of the Project Site has been the subject matter of various entitlements and agreements, including: 1) a General Plan Amendment, General Development Plan and SPA Plan and associated Design Guidelines, PFFP, WCP and AQIP and Comprehensive Affordable Housing Plan previously approved by City Council Resolution No. 2002-220 on July 17, 2001; and 2) Planned Community District Regulations and Land Use Districts Map approved by City Council Ordinance No. 2839 on July 24, 2001 and D. Environmental Determination WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Quality Act (CEQA) and has determined that the project was covered previously in adopted Final Subsequent Environmental Impact Report, 9-92 Resolution No. Page 2 Eastlake III Woods and Vistas Replanning Program, EIR O1-Ol. The Development Services Director has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of subsequent documents have occurred; therefore, the Development Services Director has prepared an addendum (IS 10-008) to this document, EIR O1-Ol. E. Planning Commission Record of Application WHEREAS, the Development Services Director set the time and place for a hearing on the Project, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundary of the Project Site at least ten (lOrdays prior to the heazing; and WHEREAS, the Planning Commission held a public heazing for the Project on the date and time advertized, namely September 12, 2012, and voted 4-2-0-0 to forward a recommendation to the City Council on the Project; and, WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on September 12, 2012 and the minutes and resolution resulting therefrom, are incorporated into the record of this proceedings; and, F. Reduction of Community Purpose Facility (CPF) Acreage WHEREAS, per Section 19.48.025 of the Chula Vista Municipal Code, a request for reduction of 0.3 acres of CPF land is being requested based on the fact that other Community Purpose Facilities will be guaranteed by the Developer to be made available to the community; and WHEREAS, the Developer proposes to provide a minimum of 3,267 of building square footage to be used solely for Community Purposes as defined in Chula Vista Municipal Code section 19.48.025(C). The 3,267 squaze feet was determined as equivalent to 0.3 acres of CPF land (a 0.25 FAR conversion factor) based upon previous analysis of existing developed CPF sites within Eastlake as well as other planned communities; and G. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application 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 property owners within 500 feet of the exterior boundazies of the Project Site at least ten (10) days prior to the heazing; and 9-93 Resolution No. Page 3 WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on September 25, 2012 in the Council Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth Avenue, at 4:00 p.m. to receive the recommendations of the Planning Commission and to hear public testimony with regard to the same. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista that it fmds, determines, and resolves as follows: II. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council finds that, in the exercise of their independent review and judgment, the addendum to FEIR-Ol-01 in the form presented, has been prepared in accordance with requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista and adopts Addendum to FEIR-Ol-O1. III. APPROVAL OF GENERAL PLAN AMENDMENT The Chula Vista General Plan Land Use Diagram is hereby amended as set forth and diagrammatically represented in "Exhibit A", a copy of which is file in the office of the City Clerk, known as Documents , to change the land use designation of 12.2 acres on the north side of Olympic Parkway between Olympic Vista Road and Wueste Road/I,ake Crest Drive from Commercial Retail to Mixed Use Residential. IV. GENERAL PLAN CONSISTENCY The City Council hereby finds and determines that the General Plan, as amended by this Resolution, is internally consistent and shall remain internally consistent V. GENERAL DEVELOPMENT PLAN FINDINGS The City Council finds by clear and convincing evidence that: THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL DEVELOPMENT PLAN IS IN CONFORMITY WITH THE PROVISIONS OF THE CHULA VISTA GENERAL PLAN, AS AMENDED. The proposed amendments to the Eastlake III General Development Plan reflects the land use, circulation system and public facilities that are consistent with the City's General Plan as proposed to be amended. PLANNED COMMUNITY CAN BE INITIATED BY ESTABLISHEMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA PLANS WITHIN TWO 9-94 Resolution No. Page 4 YEARS OF THE ESTABLISHMENT OF THE PLANNED COMM[_1NITY ZONE. The proposed amendments to the Eastlake III Sectional Planning area Plan only affects the 12.2 acres known as Lake Pointe Project, which was a continuation of the Eastlake III GDP/SPA Plan policies and development regulations that were adopted by the City council on July 17, 2001, in compliance with the two year requirement. 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 IN HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OF THE SURROUNDING AREA; AND THAT THE SITE'S PROPOSED FOR PUBLIC FACLITIES, SUCH AS SCHOOLS, PLAYGROUNDS AND PARKS ARE ADEQUATE TO THE SERVICE THE ANTICIPATED POPULATION AND APPEAR ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF. The proposed 284 residential units are high density (nearly 24 DU/AC). The proposed development is the first mixed use development within the Eastlake community. The proposed density and design are compatible with the surrounding Olympic Training Center, multi-family developments, and the Mountain Hawk community park. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION. According to the Commercial Lands Analysis prepared for this project, the 10,000 squaze-feet of proposed convenience commercial will serve the surrounding residents and visitors to the azea. Lazge retail centers existing within the Eastlake and surrounding areas already provide additional retail services beyond what would be provided at the convenience commercial uses proposed for the project site. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVLOPMENT. The requested amendments to the Eastlake III SPA Plan includes a PFFP that outlines the required infrastructure to serve the Project, the timing of installation and the financing mechanisms to promote the orderly and sequentialized development of the Project. The Project is the last area of Eastlake III to be developed. 9-95 Resolution No. Page 5 VI. ADOPTION OF AMENDED GENERAL DEVELOPMENT PLAN In light of the findings above, the amended Eastlake III General Development Plan is hereby amended as set forth and diagrammatically represented in Exhibit "B", approved and adopted in the form presented to the City Council and on file in the office of the City Clerk. VII. SPA FINDINGS A. THE SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, IS IN CONFORMITY WITH THE EASTLAKE III GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. The proposed amendments to the Eastlake III SPA Plan reflect land uses that are consistent with the Eastlake III General Development Plan and the City of Chula Vista General Plan. The residential component of the proposed mixed use would be consistent with the adopted high-density residential and open space land uses of the Eastlake area. The proposed amendments are consistent with the previously approved plans and regulations applicable to surrounding sites and, therefore, the proposed amendments can be planned and zoned in coordination and substantial compatibility with said development. B. THE SPA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The requested amendments to the Eastlake III SPA Plan include a PFFP that outlines the required infrastructure to serve the Project, the timing of installation and the financing mechanisms to promote the orderly and sequentialized development of the Project. The Project is the last area of Eastlake III to be developed. C. THE EASTLAKE III SPA PLAN, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The proposed land use text and statistical amendments to the SPA Plan, and development standards will not adversely affect the circulation system and overall land use pattern as previously envisioned in the Eastlake III General Development Plan. An addendum to FEIR 01-01 has been prepared and any impacts associated with the proposed amendments have been previously 9-96 Resolution No. Page 6 addressed by FEIR-OI-O1. Thus, the requested amendments to the SPA Plan will not adversely affect the adjacent land uses, residential enjoyment, circulation or environmental quality of the surrounding uses. The potential impacts to traffic and circulation have been thoroughly analyzed based upon the proposed project resulting in specific requirements that must be complied with at the time of development within the project area. This includes payment of any required in-lieu fees to pay fair shaze of cumulative impacts and the construction of a traffic signal at the project entrance and Olympic Parkway. D. Ilv CONJiJhICTION WITH ADOPTION OF THIS SPA PLAN AMENDMENT, A LESSER AMOUNT OF CPF LAND IS NEEDED, BASED UPON AVAILABLITY OF OTHER COMMUNITY PURPOSE FACILITIES THAT ARE GUARANTEED TO BE MADE AVAILABLE TO THE COMMUNITY. The applicant is providing a minimum of 3,267 of building square footage to be used solely for Community Purposes as defined in Chula Vista Municipal Code section 19.48.025(C). The use, in perpetuity, of the building square footage solely for CPF purposes shall be guaranteed and ensured through the execution of any and all agreements necessary, as determined by the City Attorneys Office. The project has been conditioned to require the applicant to indicate on the building plans the location of the CPF facility, prior to issuance of building permits. VIII. APPROVAL OF SPA AMENDMENTS Based on the findings above, the City Council approves the Eastlake III SPA Plan as amended shown in Figures 2, 3, 4, and 5 that accompanies the staff report as Attachment 5 subject to the conditions set forth below: 1. The Project shall comply with all mitigation measures specified in FEIR-OI-O1, to the satisfaction of the Development Services Director. 2. Prior to approval of building permits for each phase of the Project, the Applicant shall demonstrate that the air quality control measures outlined in the Eastlake III SPA Plan Addendum to the AQIP pertaining to the design, construction and operational phases of the project have been incorporated in the project design. 3. Prior to the 30th day after the Ordinance approving the PC District Regulations ("Ordinance") becomes effective, the Applicant shall prepare a clean copy of the SPA Plan document by deleting all strike out/ underlines and shading. Where the document contains both an existing and proposed exhibit, the previous existing exhibit shall be removed and substituted. In addition, the strike-out underlined text, document format, maps and statistical changes within the Eastlake III SPA, PC District Regulations, 9-97 Resolution No. Page 7 Design Guidelines, WCP Addendum and AQIP Addendum for the Olympic Pointe project shall be incorporated into the final document and approved by the Director of Development Services for printing. 4. Prior to the 30th day after the Ordinance becomes effective, the Applicant shall submit to the Development Services Department 10 copies and a CD of the approved amendment to the Eastlake III SPA Plan, Eastlake III Planned Community (PC) District Regulations. IX. PFFP FINDINGS/APPROVAL 1. THE PUBLIC FACILITIES FINANCE PLAN AMENDMENT COMPLIES WITH SECTIONS 19.09.050 THROUGH 19.09.100, REQUIREMENTS FOR PUBLIC FACILITIES FINANCE PLAN. The amendment to the Eastlake III SPA Plan PFFP has been prepared according to the contents and details outlined in the Municipal Code. It has been submitted to and reviewed by the Director of Development Services. Public facilities needed to serve the project were identified and will be guaranteed by conditions of approval, payment of DIF fees at the building permit stage, and/or utilizing Community Facilities Districts to finance or maintain the public facility. Any impacts associated with the proposed amendments have been previously addressed by FEIR-OI-O1. 2. THE PROPOSED AMENDMENT TO THE PUBLIC FACILITIES FINANCE PLAN IS CONSISTENT WITH THE OVERALL GOALS AND POLICIES OF THE CITY'S GENERAL PLAN, GROWTH MANAGEMENT PROGRAM, AND AMENDED EASTLAKE III SPA PLAN. The Eastlake III SPA Plan PFFP outlines the necessary public facilities required to meet its land use and circulation objectives of the General Plan. The PFFP outlines detailed plans for the provision of these public facilities as they relate to the proposed Project. The PFFP identifies any required Development Impact Fees (DIF) fees that must be paid to help defray costs of facilities that will benefit the project. The estimated facilities fees required by this project are $6,556,104. PAD fees are approximately $3,694,556. The fiscal revenues to the City associated with the Lake Pointe project, range from $30,310 annually and rise to $172,650 at build-out. Fiscal expenditures would be initially $78,883 and rise to $253,442 at build-out. The net fiscal impact to the City from developing the Lake Pointe project is negative throughout the development and results in annual net deficit of $80,792 at build-out. Per Section 19.09.060(J) of the Chula Vista Municipal Code, applicant shall provide funding 9-98 Resolution No. Page 8 to the City for periods where expenditures generated by the Project exceed projected revenues. 3. THE PFFP AMENDMENT ENSURES THAT THE DEVELOPMENT OF THE PROJECT WILL NOT ADVERSELY AFFECT THE CITY'S QUALITY OF LIFE STANDARDS. As required by the City's Growth Management Ordinance, the PFFP analyzes the impact of the project on public facilities and services and identifies the required public facilities and services needed to serve the project to maintain consistency with the City's Quality of Life Threshold Standards. The PFFP describes in detail the cost, financing mechanisms and timing for constructing public facilities required to ensure that development occurs only when the necessary public facilities exist or are provided concurrent with the demands of the new development. Certain facility improvements include requirements for the construction of a signal at the intersection of Olympic Parkway and the project entrance. Other required measures are related to fire protection, water conservation, water quality, air quality and traffic. Implementation of these measures along with payment of any required DIF fees will ensure the Project will maintain consistency with the City's Quality of Life Standards. Based on the findings above, the City Council approves the document entitled "The Eastlake III Lake Pointe Supplemental Public Facilities Finance Plan" dated September 4, 2012, which document accompanies the staff report as Attachment 9. X. APROVAL OF AMENDMENTS AND ADDENDUMS TO ASSOCIATED REGULATORY DOCUMENTS. The City Council approves the amendments to the associated regulatory documents including: the Design Guidelines and the Addendums to the AQIP and WCP for Eastlake III SPA Plan as shown in Attachment 7 of the staff report. XI. 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 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 Applicant or successor in interest by the City approval of this Resolution. XII. INVALIDITY; AUTOMATIC REVOCATION 9-99 Resolution No. Page 9 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 force or in effect ab initio. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL ADOPT THIS RESOLUTION APPROVING THE PROJECT IN ACCORDANCE WITH THE FINDINGS AND SUBJECT TO THE CONDITONS CONTAINED THEREIN. . PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 25th day of September 2012, by the following vote, to-wit: Presented by: Gary Halbert, P.E., AICP Assistant City Manager/Director of Development Services 9-100 RESOLUTION NO. 2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENTATIVE SUBDIVISION MAP (PCS-10-02) TO SUBDIVIDE A 12.2 ACRE SITE INTO FIVE LOTS CONTAINING A TOTAL OF 284 RESIDENTIAL CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP, ONE COMMERCIAL AND ONE RECREATION BUILDING LOCATED ON THE NORTH SIDE OF OLYMPIC PARKWAY, BETWEEN OLYMPIC VISTA ROAD AND WUESTE ROAD/LAKE CREST DRIVE. I. RECITALS 1. Project Site WHEREAS, the pazcel, that is the subject matter of this resolution, is represented in Exhibit A, attached hereto and incorporated herein by this reference, and commonly known as Eastlake III Lake Pointe Project Tentative Subdivision Map, Chula Vista Tract 10-02; and for the purpose of general description is located on north side of Olympic Parkway, between Olympic Vista Road and Wueste Road/Lake Crest Drive ("Property"); and 2. Project; Applications for Discretionary Approval WHEREAS, on September 30, 2010, a duly verified application for a tentative subdivision map (PCS-10-02) was filed with the City of Chula Vista Development Services Department by Integral Communities ("Applicant"); for the subdivision of a 12.2 acre site into five lots consisting of 284 condominium units on a site located on the north side of Olympic Parkway between Olympic Vista Drive and Wueste Road ("Project"); and 3. Environmental Determination WHEREAS, The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was covered previously in certified Final Environmental Impact Report, Eastlake III Woods and Vistas Replanning Program Subsequent EIR #01-01. The Development Services Director has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Development Service Director has prepazed an addendum to this document; and 9-101 4. Planning Commission Record on Application WHEREAS, on September 12, 2012, the Director of Development Services set a hearing before the Planning Commission for the consideration of and recommendation on Tentative Subdivision Map. Notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and residents within 500 feet of the exterior boundaries of the Property, at least ten (10) days prior to the hearing; and WHEREAS, a hearing at the time and place as advertised, namely September 12, 2012, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission, reviewed and considered the Tentative Subdivision Map PCS-10-02; and WHEREAS, the Planning Commission after considering all evidence and testimony presented, recommended by a vote of 4-2-0-0 that the City of Chula Vista City Council approve the Tentative Subdivision Map (PCS-10-02) for the subdivision of a 12.2 acre site into five lots, including two hundred eighty four (284) condominium units for individual ownership; and S.City Council Record on Application WHEREAS, a hearing time and place was set by the City Council of the City of Chula Vista 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 and its mailing to property owners and residents within 500 feet of the exterior boundaries of the Property, at least ten (10) days prior to the hearing; and WHEREAS, the City Council of the City of Chula Vista held a duly noticed public hearing to consider said Project at the time and place as advertised, namely September 25, 2012 at 4:00 p.m. in the Council Chambers, 276 Fourth Avenue. Said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: II. 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, is in conformance with the elements of the City's General Plan, based on the following: 9-102 1. Land Use The proposed subdivision provides for five lots, to be developed with a mixed use project that includes 284 condominium units. The site is designated Commercial Retail and is proposed to be amended to Mixed Use Residential (MUR) in the General Plan and Mixed Use (MU-1) in the Eastlake III GDP and SPA. The residential component of the project will contain a density of 24 du/ac, which is consistent with the multi-family high density residential density (18-27 du/ac). 2. Circulation All off-site public streets required to serve the subdivision already exist or will be constructed or paid for by the Applicant in accordance with the Conditions of Approval. The on-site public street is designed in accordance with the City design standards and/or requirements and provides for vehicular and pedestrian connections. 3. Public Facilities The Project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. A Public Facilities Financing Plan has been prepared to supplement that which is already in place to define public service, facility and phasing needs created. 4. Housing The residential component of the mixed-use Project is consistent with the density prescribed within the Residential High land use designation of the General Plan, and provides additional opportunities for multi-family residential home ownership in the southeastern portion of the City. 5. Growth Management The surrounding street segments and intersections including Olympic Parkway will continue to operate at the same Level of Service in compliance with the City's traffic threshold standard with the proposed project traffic. No adverse impact to the City's traffic threshold standards would occur as a result of the proposed project. The Chula Vista Elementary School District has indicated capacity will be available to house the students at either Camarena Elementary School (currently under construction) or Wolf Canyon Elementary School. The Project is also within the attendance area of Eastlake Middle School and Eastlake High School within the Sweetwater Union High School. The Applicant will be required to pay applicable developer fees based upon assessable area. The Project site lies within the Otay Lakes Drainage Basin. However, runoff from the site is diverted into the Salt Creek Basis to prevent impacts to the Lower Otay Reservoir. Presently, runoff from the site is discharged into a 60-inch pipe and into the City's storm water conveyance system in Olympic Parkway, which ultimately discharges into Salt Creek. The project will be conditioned to provide for the 9-103 conveyance of storm water flows in accordance with City standards, policies and requirements. . Sewer service to the project site is provided by the City of Chula Vista. A private on- site sewer collection system will convey wastewater flows to an existing City owned 8-inch and 12-inch diameter gravity main located north of Olympic Parkway. This sewer collects flows generated within the Eastlake Vistas Tentative Map neighborhoods located north of Olympic Parkway and conveys the flows to an existing 15-inch diameter sewer in Olympic Pazkway. The Olympic Parkway sewer conveys the flows westerly approximately 1,700 feet to a connection to the 18-inch Salt Creek Interceptor. 6. Open Space and Conservation The project proposes multi-family homes that meet the minimum open space requirement per the Chula Vista Municipal Code. The project would also be required to pay in-lieu park fees towazds the acquisition and development of future pazks. The development of the site is consistent with the goals and policies of the Conservation Element. 7. Parks and Recreation The proposed project would not induce significant population growth, as it is a small mixed use residential project and would not impact existing or proposed recreational facilities. The Project has been conditioned to pay park acquisition and development fees prior to recordation of the Final Map. 8. Safety The City Engineer, Fire and Police Departments have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets those standards. 9. Noise The Project has been reviewed for compliance with the Noise Element and will comply with applicable noise measures at the time of issuance of the building permit. 10. Scenic Hiahway This Project Site is located adjacent to and visible from Olympic Pazkway which is a designated scenic highway. A special building setback of 75 feet is required in order to maintain a scenic buffer between the road and the proposed development. The applicant is requesting an allowable reduction in this setback based upon superior design proposed at the project entrance. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the configuration, orientation, and topography of the site allows for the optimum siting of lots for natural and passive heating and cooling opportunities and that the development of 9-104 the site will be subject to site plan and architectural review to ensure the maximum utilization of natural and passive heating and cooling opportunities. C. Pursuant to Government Code 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. D. The site is physically suited for residential development because it is generally level and is located adjacent to existing residential developments. The Project conforms to all standards established by the City for a residential development. 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. III. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. IV. TENTATIVE MAP GENERAL, CONDITIONS OF APPROVAL A. Project Site is Improved with Project The Applicant, or his/her successors in interest and assigns, shall improve the Project Site as described in the Tentative Subdivision Map, Chula Vista Tract 10-02, Final Environmental Impact Report, Eastlake III Woods and Vistas Replanning Program (EIR 01-01), and associated Mitigation Monitoring and Reporting Program. 9-105 B. Implement Mitigation Measures Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in Final Environmental Impact Report, Eastlake III Woods and Vistas Replanning Program (EIR 01-01) and associated Mitigation Monitoring and Reporting Program. C. Implement Public Facilities Financing Plan Developer shall install public facilities in accordance with the Lake Pointe Project Public Facilities Financing Plan, as required by the City Engineer, to meet the threshold standards adopted by the City of Chula Vista. The City Engineer may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. D. Design Consistency The Developer shall develop the lots in accordance with the Eastlake III Planned Community District Regulations and Design Guidelines in accordance with approval by the City Council. V. SPECIAL CONDITIONS OF APPROVAL A. The conditions imposed on the tentative map approval, contained herein, are approximately proportional both to nature and extent of impact created by the proposed development. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed by the Applicant or successor-in-interest to the City's satisfaction prior to approval of the Final Map, unless otherwise specified: Planning Division: 1. Applicant shall develop and maintain the Project Site in accordance with the approved plans, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19 of the Chula Vista Municipal Code. 2. Prior to, or in conjunction with the issuance of the first building permit, pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ- 1638. 3. Prior to approval of final map or prior to approval of building permit, whichever occurs first, applicant shall provide CC&R's to the City for review and approval. Said CC&R's shall state the following: 9-106 a. Garages provide sufficient floor area available at all times to accommodate the required parking of vehicles, and indicting that periodic inspections will take place to ensure compliance with this requirement. b. In the event the applicant chooses to fulfill their CPF obligation by providing squaze footage equivalency, said square footage shall be used in perpetuity solely for conditionally allowed uses as outlined in Section 19.48.025 (C) of the Chula Vista Municipal Code. 4. Prior to issuance of building permits, applicant shall indicate on the building plans the location of the CFP facility. The 0.3 acre CPF obligation on-site could be met with equivalent building squaze footage of a CPF facility. An equivalent floor area ratio (FAR) conversion of 0.25 can be utilized, which would result in a minimum 3,267 square feet of building area, in addition to the 10,000 square-feet of commercial space required for the project. 5. Per Section 19.09.060(J) of the Chula Vista Municipal Code, applicant shall provide funding to the City for periods where expenditures generated by the Project exceed projected revenues. 6. Prior to issuance of building permits, the City Council shall approve and execute with the Developer an "Agreement to Post Security for Affordable Housing Obligation" and the Developer shall post a performance bond for the benefit of the City in the amount of the Affordable Housing Requirement in lieu fee, per the referenced agreement. 7. Prior to issuance of building permits, demonstrate that adequate storage is provided for each residential unit. Land Development Division: 8. All of the terms, covenants and conditions contained within the Amendment to the City of Chula Subdivision Manual Section 5-301 for the inclusion of the Standard Conditions of Approval for Tentative Maps shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 9. Prior to the approval of any building permit, pay all associated development impact fees to the satisfaction of the Director of Development Services. 10. Prior to issuance of building permits for residential units not requiring the filing of a Final "B" Map, the Applicant shall pay all applicable Parkland Acquisition and Development fees (PAD Fees) to the City in accordance with CVMC Chapter 17.1011 11. Prior to approval of Tentative or Final Map, submit copies of all Tentative Maps, Final Maps, grading and improvement plans in a digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file of the maps shall combine all map sheets into a single CADD drawing, in DXF, DWG or 9-107 ArcView (GIS) format in accordance to Section 1-500 of the City Of Chula Vista Subdivision Manual and Human Resources Department Policies and Procedures Policy No. 917. 12. Prior to issuance of building permits for the Project, Applicant shall remove and replace any damaged improvements within the right of way to the satisfaction of the City Engineer. 13. Prior to approval of the first building permit, Applicant shall construct and secure the traffic signal modification for Olympic Parkway and the entrances to the Project. Improvements shall also include the installation of pedestrian ramps to the satisfaction of the City Engineer. 14. All proposed onsite sewer and storm drain systems shall be private unless otherwise directed by the Director of Public Works. 15. Prior to approval of the first final map for the Project, obtain approval of the City of Chula Vista of the street names for the project. Fire Department: 16. The Building Permit plans shall demonstrate a fire flow of 2,750 gallons per minute for a 2-hour duration (at 20psi). 17. Prior to the issuance of Building Permits, the Applicant shall provide a water flow letter from the applicable water agency having jurisdiction indicating that the fire flow is available to serve this project. 18. The Applicant shall install Fire Hydrants located not greater than 300 feet apart for multi- family properties prior to occupancy. The minimum fire hydrant size shall be per the Chula Vista Fire Department requirements. An additional fire hydrant shall be provided at project entrance or as otherwise determined by the Fire Mazshall. 19. The Applicant shall place fire lane marking (which signs shall be approved by the Fire Department) within all access/driveways within the Project. No parking shall be allowed within these azeas. 20. Prior to occupancy, building addresses shall be applied in accordance with the following criteria: • 0-50 feet from the building to the face of the curb, 6-inches in height with a 2- inch stroke. • 51-150 feet from the building to the face of the curb, 10-inches in height with a 1 '/z-inch stroke. • 151 feet from the building to the face of the curb, 16-inches in height with a 2- inch stroke. 21. Prior to occupancy, the Applicant shall comply with the adopted State of California Building Code changes that will require all new one and two-family homes and townhouses built in the State starting January 1, 2011, to be equipped with life-saving fire sprinkler systems. 9-108 22. During the building permit review, it will be determined by the Fire Department if the project will need to be protected throughout by a fire alarm system (automatic, manual, fire flow monitoring). The fire alarm system will be reviewed and approved by the Fire Department and installed prior to occupancy. B. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 1. Applicant shall comply with all sections of the CVMC, and all other applicable City Ordinances in effect at the time of building permit issuance. 2. All of the terms, covenants and conditions contained within the Amendment to the City of Chula Vista Subdivision Manual Section 5-301 for the inclusion of the Standard Conditions of Approval for Tentative Maps shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 3. All proposed onsite sewer and storm drain systems shall be private unless otherwise directed by the Director of Public Works. 4. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Tentative Subdivision Map and (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the Tentative Subdivision Map contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Tentative Subdivision Map where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped copy returned to the City's Development Services Department. Failure to return the signed and stamped copy of this recorded document within 10 days of recordation shall indicate the Property Owner/Applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. 9-109 Signature of Property Owner Date Signature of Applicant Date VII. CONFORMANCE WITH CITY SUBDIVISION MANUAL The City Council does hereby find that the Project is in conformance with the City of Chula Vista Subdivision Manual, Section 18.12 and the requirements of the Zoning Ordinance. VIII. 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, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. BE IT FURTHER RESOLVED that the Chula Vista City Council does hereby approve Tentative Subdivision Map (PCS-10-02), subject to conditions listed above far the subdivision of a 12.2 acre site into five lots including two-hundred eighty four (284) condominium units for individual ownership at the Project Site. Presented by: Gary Halbert, AICP, PE Deputy City Manager/ Director of Development Services 9-110 RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A DESIGN REVIEW PERMIT (DRC 10-19) FOR A PROPOSED MIXED USE PROJECT CONSISTING OF 284 UNITS, 10,000 SQUARE-FEET OF RETAIL COMMERCIAL AND 3,267 SQUARE-FEET OF COMMUNITY PURPOSE FACILITY ON A 12.2 ACRE SITE LOCATED ON THE NORTH SIDE OF OLYMPIC PARKWAY BETWEEN OLYMPIC VISTA ROAD, AND WEUSTE ROAD/LAKE CREST DRIVE. L RECITALS A. Project Site WHEREAS, the area of land which is the subject of this Resolution is diagrammatically represented in Exhibit A attached to and incorporated into this Resolution, and commonly known as Lake Pointe, and for the purpose of general description herein consists of 12.2 acres ("Project Site"); and B. Project; Application for Discretionary Approvals WHEREAS, a duly verified application was filed with the City of Chula Vista Development Services Department on September 30, 2010 by Integral Communities, LLC ("Applicant"), requesting approval of a new mixed use project consisting of a mixed use project for the Project Site ("Project"); and WHEREAS, the design was reviewed by a Design Review Board (DRB) member who provided initial comments and, based upon preview of the resubmittal by the applicant, found the modifications to the project design acceptable and in keeping with the applicable design guidelines; and C. Environmental Determination WHEREAS, The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was covered previously in Final Environmental Impact Report, Eastlake III Woods and Vistas Replanning Program Subsequent EIR #01-01. The Development Services Director has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Development Service Director has prepared an addendum to this document; and D. City Council Record of Application WHEREAS, the Ciry Clerk set the time and place for the hearing on the Project application 9-111 Resolution No. Page 2 and notice of said hearings, together with its purposes, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project Site at least ten (10) days prior to the hearing; and WHEREAS, the duly called and noticed public heazing on the Project was held before the City Council of the City of Chula Vista on September 25, 2012 in the Council Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth Avenue, at 4:00 p.m. to consider the design review permit and to hear public testimony with regard to the same. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista that it finds, determines, and resolves as follows: II. DESIGN REVIEW FINDINGS/ APPROVAL A. THAT THE PROPOSED DEVELOPMENT, AS CONDITIONED, IS CONSISTENT WITH THE DEVELOPMENT REGULATIONS OF THE PLANNED COMMUNITY, EASTLAKE VISTAS PLANNING AREA, MU-1 ZONE. The proposed project will comply with all development standards of the MU-1 development standazds of the PC District Regulations as amended by the accompanying Ordinance. Said standazds specify building height and parking requirements and allow remaining development standards to be based upon Site Plan review approval. B. THE DESIGN FEATURES OF THE PROPOSED DEVELOPMENT ARE CONSISTENT WITH, AND ARE A COST EFFECTIVE METHOD OF SATISFYING, THE EASTLAKE III SPA DESIGN GUIDELINES AND THE REQUIREMENTS OF THE CITY OF CHULA VISTA DESIGN MANUAL AND LANDSCAPE MANUAL. The design features are consistent with the design guidelines contained in the City's Design Manual and the Eastlake III SPA Design Guidelines. Landscaping and open space have been provided as required by the multi-family open space requirements per Title 19 of the CVMC and the City's Landscape Manual. The site is designed with a combination of two and three-story residential buildings arranged on the site to provide variation in design and minimize visual impact to surrounding communities. The variation in size of row home product would allow for relief from the monotonous appearance caused by long expanses of building fagade as well as a curvilinear street pattern for a varied streetscape. Fagade plane offsets aze provided on all building elevations through the use of pop-out, recesses and staggered roof lines with overhangs. The architecture of the commercial building will complement 9-112 Resolution No. Page 3 the architecture of the surrounding residential buildings with similar planes and relief, to make a cohesive project overall. III. APPROVAL OF DESIGN REVIEW PERMIT Based on the findings above, the City Council approves the Design Review Permit subject to the conditions set forth below: A. The following shall be accomplished to the satisfaction of the City, prior to issuance of building permits, unless otherwise specified. Planning Conditions: 1. Prior to, or in conjunction with the submittal of plans for the building permit, pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ-1638. 2. The colors and materials specified on the building plans must be consistent with the colors and materials shown on the site plan and materials board approved by the City Council on September 25, 2012, or as subsequently modified per their direction. 3. Concurrent with the building permit submittal, provide a detailed landscape plan prepared by a registered landscape architect for review and approval. Plans shall be prepared per Landscape Manual and CVMC requirements. Existing landscape that is to be reinstalled must utilize drought tolerant landscaping in compliance with Chapter 20.12 of the Municipal Code. The "Concept Design Statement, Design Objective" must include a statement requiring compliance with the Chula Vista Landscape Water Conservation Ordinance, Municipal Code Chapter 20.12. 4. Concurrent with building permit submittal, provide a detailed open space exhibit and accompanying landscape plans that clarify the construction details for each of the open space areas identified on said exhibit. Said exhibit and plans shall be in substantial accord with those approved by City Council on September 25, 2012. 5. Applicant shall indicate on the building plans, the location of the CPF facility. The 0.3 acre CPF obligation on site could be met with equivalent building square footage of a CPF facility. An equivalent floor area ratio (FAR) conversion of 0.25 can be utilized, which would result in a minimum of 3,267 square-feet of building area in addition to the 10,000 square- feet of commercial space required for the project. 6. Prior to issuance of first building permit, or approval of final map, whichever occurs first, Applicant shall provide CC&R's to the City for review and approval. The CC&R's shall clearly state the following: 9-113 Resolution No. Page 4 a. Garages shall provide sufficient floor area available at all times to accommodate the required parking of vehicles, and indicating that periodic inspections will take place to ensure compliance with this requirement. b. In the event the applicant chooses to fulfill their CPF obligation by providing square footage equivalency, said square footage shall be used in perpetuity solely for conditionally allowed uses as outlined in Section 19.48.025(c) of the Chula Vista Municipal Code. 7. All ground mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City. 8. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted for any building and wall plans and shall be reviewed and approved by the Director of Development Services prior to the issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 of the CVMC regarding graffiti control. 9. The Applicant shall develop, submit and obtain approval of "Recycling and Solid Waste Management Plan" by the City's Conservation Coordinator. The synopsis of the plan shall be included in the notes on the Building Plans. The plan shall demonstrate those steps that the Applicant will take to comply with the Municipal Code, including but not limited to Sections 8.24 and 8.25, and meet the State mandate to reduce or divert 50 % of the waste generated by commercial, residential and industrial developments. The Applicant shall contract with the City's franchise hauler throughout the construction and occupancy ,phase of the project. The Plan shall include a statement of how the Applicant will implement and participate in the Recycling and Solid Waste Management Plan requirements and how yard waste will be diverted. The proposed trash enclosures shall be designed with appropriate screening. 10. The Applicant shall implement to the satisfaction of the Development Services Director and the City Engineer and applicable mitigation measures identified in the Final Environmental Impact Report, Eastlake III Woods and Vistas Replanning Program, FEIR Ol-O1 and associated Mitigation Monitoring and Reporting Program. Land Development Engineerine 11. Applicant shall pay the following fees: a. Sewer Capacity Fees b. Traffic Signal Fees c. Development Impact Fees per Master Fee Schedule 9-114 Resolution No. Page 5 Building: 12. Plans shall comply with Title 24 and 2010 California Building Code (CBC), California Mechanical Code (CMC), California Plumbing Code (CPC), California Electric Code (CEC), California Green Building Standards Code (CalGreen) and 2008 California Energy Code. Fire: 13. Comply with all requirements of the Chula Vista Fire Department including the following: a) Ensure that the Fire Protection Plan specific to the wildland interface is in place; b) provide a breakdown of building square footage and building construction type for each building in order to determine the projects fire flow; c) provide an updated water supply analysis (technical report) for review and approval. Said-report shall be a node-to- node analysis using the Hazen-Williams formula. The analysis shall show that the required fire flow is available at the hydrants and that simultaneously, the sprinkler demand is available at the most demanding sprinkler riser. B. The following on-going conditions shall apply to the property as long as it relies on this approval: 14. This permit shall become void and ineffective if not used or extended in accordance with Section 19.14.600 of the Municipal Code. 15. All landscape and hardscape improvements shall be installed and maintained in accordance with the approved landscape plan. 16. Approval of this request shall not waive compliance with all sectioris of Title 19 of the Municipal Code, and other applicable City Ordinances in effect at the time of building permit issuance. 17. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Design Review Permit and (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Design Review Permit where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. This condition may be modified by the Zoning Administrator subject to input from the City Attorney. 9-115 Resolution No. Page 6 Prior to the issuance of any permits required by the City of Chula Vista for the use of the subject property in reliance upon this approval, the Applicant/Representative and property owner shall execute this document by making a true copy of this letter of conditional approval and signing both this original letter and the true copy on the lines provided below, said execution indicating that the Applicant/Representative and Property Owner have each read, understood and agreed to the conditions contained herein, and will implement the same. Upon execution, the true copy with original signatures shall be returned to the Project Manager in the Development Services Department. Failure to return the signed copy of this document within thirty days of the effective date hereof shall indicate the Applicant's/Representative's or Property Owner's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Property Owner Date Signature of Applicant Date IV. 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 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 Applicant or successor in interest by the City approval of this Resolution. V. INVALIDITY; 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 force or in effect ab initio. 9-116 Resolution No. Page 7 Presented by Gary Halbert, AICP, PE Assistant City Manager/Director of Development Services 9-117 RESOLUTION NO.2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO POST SECURITY FOR AN AFFORDABLE HOUSING OBLIGATION RELATED TO LAKE POINTE BETWEEN THE CITY AND OLY. PARKWAY PROJECT, LLC WHEREAS, the City's Balanced Communities Policy ("Inclusionazy Policy") requires 10 percent of any new subdivision in excess of fifty (50) units to be made affordable for low and moderate-income families (5% low and 5% moderate); and WHEREAS, the Inclusionary Policy provides alternative methods to meeting the obligation; and WHEREAS, to comply with the Policy, the City has prepared an Agreement to Post Security for Affordable Housing Obligation (the "Affordable Housing Agreement") between the City and OLY. PARKWAY PROJECT, LLC ("Developer") for City Council's consideration and approval; and WHEREAS, the Affordable Housing Agreement requires the Developer to post a bond to secure satisfaction of the obligation prior to the issuance of building permits for the Lake Pointe Project. NOW, THEREFORE BE IT RESOLVED by City Council of the City of Chula Vista that this Council does hereby authorize the City Manager to execute the Affordable Agreement to Post Security for Affordable Housing Obligation related to Lake Pointe, a copy of which shall be kept on file in the Office of the City Clerk. Presented by: Gary Halbert, P.E. AICP Assistant City Manager/Director of Development Services Approved as to form by: ~~~ J~-- Glen R. Googins , ~~ ~IICI' ' `\~'~ City Attorney 9-118 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE III PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP FOR 12.2 ACRES LOCATED ON THE NORTH SIDE OF OLYMPIC PARKWAY, BETWEEN OLYMPIC VISTA ROAD AND WUESTE ROAD/LAKE CREST DRIVE. I. RECITALS A. Project Site WHEREAS, the area of land which is the subject of this Ordinance is diagrammatically represented in "Exhibit A" attached to and incorporated into this Ordinance, and commonly known as Olympic Pointe, and for the purpose of general description herein consists of 12.2 acres located on the north side of Olympic Parkway, between Olympic Vista Drive and Wueste Road within the Eastlake III Planned Community ("Project Site"); and, B. Project; Application for Discretionary Approvals WHEREAS, a duly verified application was filed with the City of Chula V ista Development Services Department on September 30, 2010, by Integral Communities LLC ("Developer"), requesting approval of amendments to the Eastlake III Planned Community District Regulations and Land Use Districts Map; and, C. Prior Discretionary Approvals WHEREAS, development of the Project Site has been the subject matter of various entitlements and agreements, including: 1) a General Plan Amendment, General Development Plan and Sectional Planning Area Plan and associated Design Guidelines, Public Facilities Financing Plan, Water Conservation Plan and Air Quality Improvement Plan and Comprehensive Affordable Housing Plan previously approved by City Council Resolution No. 2002-220 on July 17, 2001. D. Plazming Commission Record of Application WHEREAS, the Planning Commission set the time and place for a hearing on the Project, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundary of the Project, at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public heazing on the Project on the time and date advertised, namely September 12, 2012, and voted 4-2-0-0 to forward a recommendation to the City Council on the Project; and 9-119 Ordinance No. Page 2 WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on this project held on September 12, 2012, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding; and E. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notices of the heazing, 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 feet of the exterior boundaries of the Project at least ten (10) days prior to the hearing; and, WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on September 25, 2012, in the Council Chambers in the City Hall, City of Chula Vista Civic Center, 276 Fourth Avenue, at 4:00 p.m. to receive the recommendations ofthe Planning Commission and to heaz public testimony with regard to the same; and F. Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council hearing at which this Ordinance was introduced for first reading on September 25, 2012, the City Council of the City of Chula Vista approved Resolution , by which it approved amendments to the Eastlake III Sectional Planning Area Plan, Design Guidelines, the Public Facilities Financing Plan, the Air Quality Improvement Plan and the Water Conservation Plan; G. Environmental Determination WHEREAS, The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and. has determined that the project was covered previously in Final Environmental Impact Report, Eastlake III Woods and Vistas Replanning Program Subsequent EIR #01-01. The Development Services Director has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Development Service Director has prepazed an Addendum (IS 10-008) to EIR 01-01. II. NOW THEREFORE, the City Council of the City of Chula Vista does hereby find, determine and ordain as follows: A. CONSISTENCY WITH GENERAL PLAN The City Council finds that the proposed amendments to the Eastlake III Planned Community District Regulations and Land Use District Map are consistent with the City of Chula Vista General Plan. The residential component of the proposed mixed 9-120 Ordinance No. Page 3 use would be consistent with the adopted high-density residential designation for this project site and compatible with the surrounding residential and open space land uses of the Eastlake area. B. APPROVAL OF PROPOSED AMENDMENTS The City Council approves the amendments to the Eastlake III Planned Community District Regulations and Land Use District Map as represented in Exhibit B. III. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from Presented by Gary Halbert, AICP, PE Assistant City Manager/Director of Development Services as R. Gobg Attorney 9-121 ~Gtdl~~h~ I~{vr-l~c.t=rDn C~ =gym September 25, 2012 To Whom It May Concern: The Otay Ranch Town Center has been open for almost 6 years now. In this time we have seen the challenges in the local housing market and the greater economy directly reflected in our sales and traffic. We welcome tlTe construction of new rooftops in the area that provide more customers and diners for the tenants of Otay Ranch Tuwn Center. As the community grows we will be able to attract additional national and strong regional retailers, continue to strengthen the mall's position in the marketplace and better serve the City of Chula Vista For [his reason we are supportive of the Lake Pointe residential development. Sincerely ~~/ Tim Colby Senior General Manager Otay Ranch Town Center O'oy Rr.::^h Toeri Center 7015 &cii?ax1, S.~;e~ I Crn.o`ls~c:.CA 91915 A19.(~;G 199;; fox G17 G27. x,86 `>,,,^,!o;TP°~h;C :1:f1CE^;lv.com ~G~C~Ifian<~ -4-r/v~~n~i~~ -zl~r~, 9 Mr. Lance Waite Principal Integral Communities 2235 Encinitas Blvd Suite 216 Encinitas, CA 92024 Ref: Lake Pointe / Eastlake Dear Lance: September 21, 2012 As a follow-up on our call, when discussing the historical vision ofyour projeM you need to look at the area as a whole. The key driver for the area was the Olympic Training Center (OTC). When The Eastlake Company and the City of Chula Vista worked together to secure the OTC, the studies showed that the OTC would be the third largest tourist attraction in San Diego County, The San Diego Zoo and Sea World being number one and two. With the OTC envisioned to be such akey atti-action in the County, it became important that the surrounding land uses be complementary. Discussion took place with the USOC regarding their needs and following those discussions it was determined that the surrounding uses should include retail/office and hotel/conference. The office component was to offer a location for the National Governing Bodies (NGB) of the different sports to have local offices, the retail to provide basic needs for the athletics and tourist and the hotel/conference center to host the visitors to the OTC and the region. That resulted in the parcel contiguous to the OTC and Otay Lake to be designated as a hotel/conference center site and the property across Olympic Parkway (your Lake Pointe property) to be an office/retail site. While the OTC has turned out to be a great asset for our Olympic athletics, it has not become the great tourist amaction that the experts had thought. So several years following the opening of the OTC, The Eastlake Company began looking at other uses for the surrounding property. As you are aware, The Eastlake Company received approval for a change of the land use of the hotel/conference center site to residential, a great location for residents of Chula Vista to live along Otay Lake. Also at that time, the Lake Pointe site was being studied as a location for office and restaurants overlooking the lake. The Eastlake Company was still trying to provide some complimentary uses for the OTC and give a reason for residents in Chula Vista to come out to Otay Lake. However, with the growth of retail along SR-125 and the OTC not meeting the original expectations, the plan was determined not to be feasible and alterative use needed be studied. 1 hope this gives you some historical perspective and thoughts behind the original vision on the area. Sincerely, ""~, William Ostrem Former President The Eastlake Company