HomeMy WebLinkAboutReso 1999-19666 RESOLUTION NO. 19666
RESOLUTION OF THE CITY OF CHULA VISTA CITY
COUNCIL ADOPTING MITIGATED NEGATIVE
BECLARATION (IS-00-03), CERTAIN FINDINGS OF FACT AND
MITIGATION MONITORING AND REPORTING PROGRAIX, I;
APPRO VING AMENDMENTS TO THE EASTLAKE II GENERAL
DEVELOPMENT PLAN, EASTLAKE I SECTIONAL PLANNING
AREA (SPA) PLAN, EASTLAKE I PUBLIC FACILITIES
FINANCING PLAN, EASTLAKE I AIR QUALITY
IMPROVEMENT PLAN, AND EASTLAKE I WATER
CONSERVATION PLAN; ALSO APPROVING NEW EASTLAKE
I BUSINESS CENTER II DESIGN GUIDELINES AND
TENTATIVE SUBDIVISION MAP FOR 108 ACRES NORTH OF
OKAY LAKES ROAD BETWEEN HUNT PARKWAY AND LANE
AVENUE
I. RECITALS
A. Project Site
WHEREAS, the area of land which is the subject of this Resolution is
diagrammatically represented in attached Exhibits A and B1-B4, and hereto incorporated
herein by this Resolution, and commonly known as Business Center II Supplemental SPA and
EastLake Business Center II Tentative Map, Chula Vista Tract 00-02, and for the purpose
of general description herein consists of 108 acres noah of Otay Lakes Road between Hunte
Parkway and Lane Avenue within the EastLake Planned Community; and
B. Project; Application for Discretionary Approvals
WHEREAS, on June 29, 1999, The EastLake Company (OwneD filed applications
with the Planning Department of the City of Chula Vista requesting the following approvals:
1) amendments to the EastLake II General Development Plan (GDP), EastLake I Sectional
Planning Area (SPA) plan, including tk.e EastLake I Public Facilities Finance Plan, EastLake
I Air Quality Improvement Plan, and EastLake I Water Conservation Plan (associated
regulatory documents); 2) approval of Business Center II Design Guidelines and tentative
subdivision map for 108 acres known as the EastLake Business Center II Chula Vista Tract
00-02 ("Project"); and
WHEREAS, the proposed amendments to the EastLake II General Development Plan
(GDP) consists of modifying the existing GDP boundaries, text and statistics to reflect the
annexation of 108 acres of Research and Limited Manufacturing to the EastLake II GDP,
without modifying the land use designated in the General Plan and EastLake III GDP; and
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WHEREAS, the proposed amendments to the EastLake I Sectional Planning Area
(SPA), EastLake I Public Facilities Finance Plan, EastLake I Air Quality Improvement Plan
and Water Conservation Plan consist of changing the text, statistics, maps and exhibits of
these documents to reflect the incorporation of 108 acres of Research and Limited
Manufacturing into the EastLake I SPA (and associated regulatory documents) with the same
land use designated in the General Plan and adopted EastLake III GDP. Also adopt new
design guidelines for the Business Center II (EastLake I Business Center II Design
Guidelines).
WHEREAS, the proposed tentative subdivision map consists of subdividing 108 gross
acres of Research and Limited Manufacturing into 16 industrial lots ranging in size from 3 to
9 acres; and
C. Prior Discretionary Approvals
WHEREAS, the subject property has been the subject matter of a prior EastLake Ill
General Development Plan resulting in the current Research and Limited Manufacturing land
use designations which was adopted by the City Council in 1989 (Resolution No. 15413 ); and
D. Planning Commission Record of Application
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on November 3, 1999, and voted to forward a positive recommendation to the City
Council on a proposal to amend the EastLake II General Development Plan and EastLake I
Sectional Planning Area (SPA) plan, including amendments to the EastLake I Public Facilities
Financing Plan, EastLake I Air Quality Improvement Plan and EastLake I Water
Conservation Plan. Also approving new EastLake Business Center II Design Guidelines and
Tentative Subdivision Map for 108 acres known as EastLake Business Center II, Chula Vista
Tract 00-02 and located on the north side of Otay Lakes Road between Hunte Parkway and
Lane Avenue; and
WHEREAS, The proceedings and all physical evidence introduced before the Planning
Commission at the public hearing on this project held on November 3, 1999, 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
applications and notices of said hearings, together with its purposes given by its publication
in a newspaper of general circulation in the City and its mailing to property owners within 500
feet of the exterior boundaries of the Project site at least ten days prior to the heating.
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NOW THEREFOE BE IT RESOLVED that the City Council hereby find, determine and
resolve as follows:
H. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing on the Project held on November 3, 1999 and the minutes and resolutions resulting therefrom
are hereby incorporated into the record of this proceeding. These documents, along with any
documents submitted to the decision-makers, including documents specified in Public Resources
Code Section 21167, subdivision(s), shall comprise the entire record of proceedings for any claim
under the California Environmental Quality Act (CEQA) (Pub. Resources Code 21000 et seq.).
Ill. PREVIOUS FEIR AND MITIGATED NEGATIVE DECLARATION IS-00-03
REVIEWED AND CONSIDERED FINDINGS APPROVALS
The City Council of the City of Chula Vista has previously reviewed, analyzed and considered
Mitigated Negative Declaration (MND) IS-00-03 and the environmental impacts therein identified
for this Project, and the Findings of Fact (Exhibit "C") to this Resolution and the proposed mitigation
measures identified therein, prior to approving the Project. Copies of said Exhibits are on file in the
office of the City Clerk.
IVo COMPLIANCE WITH CEQA
The City Council does hereby find that the Mitigated Negative Declaration IS-00-03, the
Findings of Fact and the Mitigation Monitoring and Reporting Program have been prepared in
accordance with the requirements of the California Environmental Quality Act, and the Environmental
Review Procedures of the City of Chula Vista, and hereby approves the Mitigated Negative
Declaration IS-00-03 in accordance with this Resolution.
V. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council finds that the Mitigated Negative Declaration IS-00-03 reflects the
independent judgment of the City Council of the City of Chula Vista.
VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING
PROGRAM
A. Adoption of Findings of Fact
The City Council of the City of Chula Vista does hereby approve as its own,
incorporates as if set forth in full herein, and make each and every one of the Findings
contained in the Findings of Fact, Exhibit "C" of this Resolution, a copy of which is on file
in the office of the City Clerk.
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B. Certain Mitigation Measures Feasible and Adopted
As more fully identified and set forth in Mitigated Negative Declaration IS-00-03 and
in the Findings of Fact for this Project, which is Exhibit "C" to this Resolution, a copy of
which is on file in the office of the City Clerk, the City Council of the City of Chula Vista
hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section
15091 that the Mitigation Measures described in the above referenced documents are feasible
and will become binding upon the entity (such as the Project proponent or the City ) assigned
thereby to implement same.
C. Adoption of Mitigation Monitoring and Reporting Program
As required by the Public Resources Code Section 21081.6, the City Council hereby
adopts Mitigation Monitoring and Reporting Program ("Program") set forth in Exhibit "C"
of this Resolution, a copy of which is on file in the office of the City Clerk. The City Council
hereby finds that the Program is designed to ensure that, during Project implementation, the
permittee/Project applicant and any other responsible parties implement the Project
components and comply with the mitigation measures identified in the Findings of Fact and
the Program.
VII. GENERAL PLAN CONSISTENCY
The City Council hereby finds and determines that the proposed amendments to the EastLake
II General Development Plan, EastLake I Sectional Planning Area (SPA) plan and associated
regulatory documents, approval of the new EastLake I Business Center II Design Guidelines and the
proposed subdivision of 108 acres into 16 industrial lots and 10 open space lots are consistent with
the Chula Vista General Plan and other adopted City policies.
VIH. GENERAL DEVELOPMENT PLAN FINDINGS/APPROVAL
A. THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENIEPAL
DEVELOPMENT PLAN IS IN CONFORMITY WITH THE PROVISIONS OF
THE CI~ULA VISTA GENERAL PLAN.
The proposed amendments to the EastLake II General Development Plan reflects the
industrial land use and intensity of use and circulation system that are consistent with all
elements of the Chula Vista General Plan.
B. PLANNED COMMUNITY DEVELOPMENT CAN BE INITIATED BY
ESTABLISHMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA
PLANS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED
COMMUNITY ZONE.
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The PC, Planned Community Zone was established for the subject site prior to the
adoption of the existing EastLake III General Development plan in 1989. In addition, a
Sectional Planning Area (SPA) Plan is proposed for the 108 acres.
C. 1N THE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH
DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF
SUSTAINED DESIRABILITY AND STABILITY; AND THAT IT WILL BE 1N
HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE
CHARACTER OF THE SURROUNDING AREA AND THAT THE SITES
PROPOSED FOR PUBLIC FACILITIES SUCH AS SCHOOLS, PLAYGROUNDS
AND PARKS, ARE ADEQUATE TO SERVE THE ANTICIPATED
POPULATION AND APPEAR ACCEPTABLE TO THE PUBLIC AUTHORITIES
HAVING JURISDICTION THEREOF.
The project does not include residential land uses.
IX. ADOPTION OF AMENDED GENERAL DEVELOPMENT PLAN
In light of the findings above, the amended EastLake II General Development Plan is hereby
approved and adopted in the form presented to the City Council and on file in the office of the City
Clerk.
X. SPA FINDINGS/APPROVAL
A. THE EASTLAKE I SECTIONAL PLANN1NG AREA (SPA) PLAN, AS
AMENDED, IS IN CONFORMITY WITH THE EASTLAKE II GENERAL
DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN.
The proposed EastLake I SPA plan amendment, EastLake Business Center
II Supplemental SPA Plan, reflect the land use, circulation systems, and public
facilities that are consistent with the EastLake II General Development Plan and the
Chula Vista General Plan.
B. THE EASTLAKE I SECTIONAL PLANNING AREA (SPA) PLAN, AS
AMENDED, WILL PROMOTE THE ORDERLY, SEQUENTIALIZED
DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS.
The EastLake I SPA plan amendment, EastLake Business Center II
Supplemental Sectional Planning Area Plan, is consistent with the EastLake I Public
Facilities Financing Plan, Air Quality Improvement Plan, Water Conservation Plan and
will, therefore, promote the orderly sequentialized development of the involved
Sectional Planning Area (SPA) Plan areas.
C. THE EASTLAKE I SECTIONAL PLANNING AREA (SPA) PLAN, AS
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AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE,
RESDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL
QUALITY.
The land uses within the EastLake I Sectional Planning Area (SPA) plan,
EastLake Business Center II Supplemental Sectional Planning Area (SPA) Plan,
represent the same uses approved by the EastLake II General Development Plan, as
amended, and will not adversely affect adjacent land use, residential enjoyment,
circulation, or environmental quality. In addition, special design guidelines have been
incorporated in the EastLake I Business Center II Design Guidelines to address
industrial/residential interface along the north and east edge of the Business Center
II.
D. IN THE CASE OF PROPOSED iNDUSTRIAL AND RESEARCH USES, THAT
SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND
OVER-ALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO
CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED
DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL
MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE.
The amendments involve a planned expansion of the EastLake I Business
Center, which is the highest quality industrial park in the City of Chula Vista. The
expansion has been anticipated by the Chula Vista General Plan and the EastLake II
General Development Plan for over 10 years. Thus, the proposed project represents
an appropriate and previously anticipated expansion of an industrial business park
with high design and development standards reflective of sustained desirability and
stability. Development regulations for this development have been designed to meet
the City of Chula Vista Performance Standards prescribed in chapters 19.66 and 19.68
of the Chula Vista Municipal Code.
g IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SI]VIILAR
NONRESDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE
APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE
PURPOSE PROPOSES, AND THAT SURROUNDING AREAS ARE
PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT
The project does not include institutional, recreational and other similar non-
residential uses.
F. THE STREET AND THOROUGPSARES PROPOSED ARE SUITABLE AND
ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON.
The amendments do not involve amendments to the planned circulation system
depicted on the General Plan Circulation Element and therefore, the circulation
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system will be improved in accordance with the General Plan and suitable for the
proposed development.
G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED
ECONOMICALLY AT THE LOCATIONS PROPOSED AND WILL PROVIDE
ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH
PROPOSED LOCATIONS
The proposed project does not involve any commercial uses.
H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND
ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH
SAID DEVELOPMENT.
The proposed project does not involve any change in planned land use, merely
an advance of the timing of development, therefore, said development can be planned
and zoned in coordination and substantial compatibility with surrounding
development.
XI. BE IT FURTHER RESOLVED that in light of the findings above, City Council of the City
of Chula Vista hereby approve the amendments to the EastLake I Sectional Planning Area (SPA) plan
and associated regulatory documents (Business Center Supplemental SPA plan), and the new
EastLake I Business Center II Design Guidelines subject to the conditions set forth below:
XII. SPA PLAN CONDITIONS OF APPROVAL
A. Implement all environmental mitigation measures identified in IS-00-03, the Mitigated
Negative Declaration, CEQA findings (Exhibit C) and Mitigation Monitoring Program
(Exhibit D) for the Project.
B. Install all public facilities in accordance with the PFFP 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.
C. Approval of the EastLake I SPA amendments, Business Center II Supplemental
Sectional Planning Area (SPA) plan does not constitute approval of the final lot
configuration and street designs shown within the SPA plan. Modifications may be
made by staff, the Planning Commission or City Council during the tentative
subdivision map process.
D. Prior to approval of the first Final Map, submit the necessary planning application to
modify the EastLake III General Development plan text, maps and statistics to reflect
the annexation of 108 acres of Research and Limited Manufacturing land use, as
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adopted in this Resolution, to the EastLake II GDP and detachment from EastLake
III GDP.
E. Prior to approval of the first final map, revise the EastLake II GDP, EastLake I SPA
documents, as deemed appropriate by City staff, deleting strike-out, underline and
references to previous documents. After final revisions, submit to the Planning
Department 20 final prints in plastic binders.
F. Prior to approval of the first final map, enter into an agreement with the City agreeing
to modify the EastLake I Business Center II Supplemental Water Conservation Plan
as necessary to incorporate all new water conservation policies adopted by City
Council subsequent to approval of this SPA plan.
G. A comprehensive fencing plan indicating design, color, materials, height and location
of all perimeter and interior fences shall be reviewed and approved by the Director of
Planning and Building, and incorporated in the EastLake I Business Center
Community Design Guidelines prior to approval of the first final map.
H. Include language in the Business Center II Design Guidelines requiring that loading
and unloading (roll-up doors) on tots adjacent to the noah property line no be visible
from the residential neighborhood immediately adjacent to the noah.
XIH. TENTATIVE SUBDIVISION MAP FINDINGS/APPROVAL
A. Pursuant to Government Code Section 66473.5 of the State Subdivision Map Act, the
City Council finds that the Tentative Subdivision Map, as conditioned herein for
EastLake I-Business Center II, Chula Vista Tract No.00-02, is in conformance with
the EastLake II General Development Plan, as amended, and the elements of the City
of Chula Vista General Plan, based on the following:
1. Land Use
The EastLake I-Business Center II Sectional Planning Area (SPA) Plan
designates the 108 acres as Research and Limited Manufacturing. The
tentative map, as conditioned, is in compliance with the City's General Plan,
the EastLake II General Development Plan and the EastLake 1-Business
Center II Supplemental SPA Plan. Thus, the Project as conditioned, is in
substantial compliance with the EastLake II GDP and EastLake I SPA.
2. Circulation
All on-site and off-site public streets required to serve the subdivision will be
constructed or DIF fees paid by the developer in accordance with the
EastLake I Business Center II Supplemental Public Facilities Financing Plan.
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The public streets within the Project will be designed per City design
standards and/or requirements. The westerly adjoining street system was
designed to handle the anticipated flow of traffic from this and other area
projects.
3. Housing
The subdivision does not include residential housing.
4. Conservation
The Mitigated Negative Declaration, IS-00-03 addressed the goals and
policies of the Conservation Element of the General Plan and found the
development of this site to be consistent with these goals and policies.
5. Parks and Recreation, Open Space
There are no park dedications required for industrial subdivisions. The site
is not designated for open space use by the Chula Vista General Plan.
6. Seismic Safety
The proposed subdivision is in conformance with the goals and objectives of
the Seismic Element of the General Plan. There are no known active faults
underlying the project site.
7. Safety
The Fire Department and other emergency service agencies have reviewed the
proposed subdivision for conformance with City safety policies and have
determined that the subdivision meets the City Threshold Standard for
emergency service.
8. Noise
Noise mitigation measures included in the Mitigated Negative Declaration IS-
00-03 adequately address the noise policy of the General Plan.
9. Scenic Highway
The project site is located on a designated scenic road by the Chula Vista
General Plan and will incorporate a landscaped open space buffer between
proposed development areas and the roadway to be consistent with the
General Plan.
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10. Bicycle Routes
Otay Lakes Road contains a bicycle lane across the frontage of the subdivision
and therefore, the subdivision is consistent with the Bicycle Element of the
General Plan.
I 1. Public Buildings
A. No public buildings are proposed on the project site.
B. Pursuant to Section 66412.3 of the Subdivision Map Act, the City
Council certifies that it has considered the effect of this approval on
the regional housing needs of the region and has balanced those needs
against the public service needs of the residents of the City and the
available fiscal and environmental resources.
C. The configuration, orientation and topography of the site partially
allows for the optimum siting of lots for passive or natural heating and
cooling opportunities as required by Governmental Code Section
66473.1.
D. The site is physically suited for industrial development and the
proposed project conforms to all standards established by the City for
such projects.
E. The conditions herein imposed on the grant of the permit or other
entitlement herein contained is approximately proportional to both, the
nature and extent to the impact created by the proposed development.
BE IT FURTHER RESOLVED that in light of the findings above, the City
Council does hereby approve the Tentative Subdivision Map, Chula Vista Tract 00-02
contingent upon approval oftP, e EastLake II GDP and EastLake I Sectional Planning
Area Plan amendments and Ordinance amend ing the EastLake II Planned Community
District Regulations being adopted and taking effect, and subject to the general and
specific conditions set forth below.
XIV. TENTATIVE MAP CONDITIONS OF APPROVAL
Prior to approval of the first Final Map, unless otherwise indicated, the Developer, or their
successors in interest shall:
GENERAL/PRELIMINARY
A. Project Site is Improved with Project
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Improve the Project Site with the Project as described in Tentative Subdivision
Map, Chula Vista Tract 00-02 and IS-00-03, except as modified by this Resolution.
B. Implement Mitigation Measures
Implement, or cause the implementation of all mitigation measures pertaining
to the Project identified in the Mitigated Negative Declaration IS-00-03. Any such
measures not satisfied by a specific condition of this Resolution or by the project
design shall be implemented to the satisfaction of the Director of Planning and
Building. Mitigation Measures shall be monitored via the Mitigation Monitoring
Program approved in conjunction with MND IS-00-03. Modification of the sequence
of mitigation shall be at the discretion of the Director of Planning and Building should
changes in the circumstances warrant such revision.
C. Implement previously adopted conditions of approval pertinent to project
Comply, remain in compliance and implement, the terms, conditions and
provisions, as are applicable to the property which is the subject matter of this
Tentative Map of: 1 ) The EastLake II General Development Plan (GDP); 2) EastLake
I Business Center I1 Supplemental Sectional Planning Area (SPA) Plan; 3) EastLake
II Planned Community District Regulations; 4) EastLake I Business Center II Design
Guidelines; 5) EastLake Business Center II Supplemental Public Facilities Financing
Plan; 6) EastLake I Business Center II Supplemental Water Conservation Plan; 7)
EastLake I Business Center II Supplemental Air Quality Improvement Plan, all
approved by the Council on November 16, 1999, Resolution No. 19666 ("Plans").
As an alternative, the Developer shall enter into an agreement with the City,
providing the City with such security (including recordation of covenants running with
the land) and implementation procedures as the City may require. Also assuring that,
after approval of the Final Map, the developer will continue to comply, remain in
compliance, and implement such Plans. The Developer shall also agree to waive any
claim that the adoption of a final Water Conservation Plan or Air Quality Plan
constitutes an improper subsequent imposition of the condition.
D. Implement Public Facilities Financing Plan
Install public facilities in accordance with the EastLake I Business Center II
Supplemental Public Facilities Financing Plan as amended or as required by the City
Engineer to meet threshold standards adopted by the City of Chula Vista. The City
Engineer and Planning and Building Director may, at their discretion, modify the
sequence of improvement construction should conditions change to warrant such a
revision.
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E. Contingency of Project Approval
Approval of the Tentative Map is contingent upon amendments to the
EastLake I General Development Plan, EastLake I Sectional Planning Area Plan and
EastLake II Planned Community District Regulations taking effect (PCM-00-02)
F. Design Approval
Develop the lots in accordance with the EastLake II Planned Community
District Regulations and EastLake I Business Center II Design Guidelines. All
industrial lots shall be submitted for site plan and architectural review and approval
under the City's Design Review process prior to submittal for building permits.
STREETS~ RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS
1. Provide security in accordance with Chapter 18.16 of the Municipal Code and
dedicate, and construct full street improvements for all public streets shown on the
Tentative Map within the subdivision boundary or off-site in accordance with Chula
Vista Design Standards, Chula Vista Street Standards, the Chula Vista Subdivision
Manual, and these conditions unless otherwise approved by the City Engineer. Said
improvements shall include, but not be limited to, asphalt concrete pavement, base,
concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities,
drainage facilities, street lights, traffic signals, signs, fire hydrants and transitions to
existing improvements in the manner required by the City Engineer and other
improvements as conditions herein. (Engineering)
2. Construct or enter into an agreement to guarantee the construction of all street
improvements as required by the PFFP, as may be amended from time to time. The
City Engineer and/or Director of Planning and Building may, at their discretion,
modify the sequence, schedule, alignment, design, improvements and construction of
facilities should conditions change to warrant such a revision. The required street
improvements and improvement installation timing are as follows:
Facility 1 Install all-way stop at the intersection of Lane Avenue and Fenton
Street prior to approval of the first grading plan. (Engineering)
Facility 2 Guarantee the installation, agree to install and install all on site street
improvements, including underground improvements, traffic signal
standards with luminaries, as determined by the City Engineer, for the
intersection of Lane Avenue/Fenton Street from the westerly
subdivision boundary to Street A prior to approval of the
corresponding final map.
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Facility 3 Construct per City Design Standards or guarantee the construction,
agree to construct and construct a cubde-sac, to the satisfaction of the
City Engineer, at the easterly terminus of Boswell Road prior to
approval of the first Final Map.
Facility 4 Install a fully activated traffic signal, including interconnect wiring and
pull rope as determined by the City Engineer, at the intersection of
Fenton Street and Otay Lakes Road prior to approval of the Final
Map containing such intersection.
Facility 5 Construct per City Design Standards or guarantee the construction,
agree to construct and construct the median modification at the
intersection of Fenton Street/Otay Lakes Road prior to approval of
the Final Map containing such intersection. (Engineering)
3. Limit development of the Project in accordance with the following scenarios:
Scenario I: No development (issuance of building permits) beyond a combined
total of 42 gross acres may occur until Olympic Parkway from
~ Brandywine Avenue to Paseo Ranchero is completed.
Scenario II: No development (issuance of building permits) beyond a combined
total of 59 gross acres may occur until Olympic Parkway from 1-805
Freeway to Wueste Road is completed, or SR- 125 constructed.
4. Construct, concurrent with rough grading, erosion and sediment control work,
permanent landscaping, and irrigation system for all open space lots.
5. Design all street cross-sections to conform to the cross-sections shown on the
Tentative Map, unless otherwise conditioned or approved herein. (Engineering)
6. Submit to and obtain approval by the City Engineer of striping plans for all collector
or higher classification streets simultaneously with the associated improvement plans.
(Engineering)
7. Design all vertical and horizontal curves and intersection sight distances to cornform
to the Caltrans Highway Design Manual. All streets which intersect other streets at
or near horizontal or vertical curves must meet intersection design sight distance
requirements in accordance with City standards. Sight visibility easements shall be
granted as necessary to comply with the requirements in the Caltrans Highway Design
Manual. Lighted sag vertical curves will be permitted, with the approval of the City
Engineer, at intersections per AASHTO standards. (Engineering)
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8. Provide additional on site traffic control devices as required by the City Engineer.
(Engineering)
9. Install all street trees in accordance with Section 18.28.10 of the Chula Vista
Municipal Code and the following requirements:
a) All street trees shall be planted in parkways, street tree easements or as
otherwise approved by the Director of Planning and Building.
b) Street trees, which have been selected from the revised list of appropriate tree
species described in the EastLake Business Center II Design Plan, shall be
approved by the Director of Planning and Building and Director of Public
Works.
Provide root control methods per the requirements of the Director of Planning
and Building, and provide a deep watering irrigation system for the trees.
d) A street tree improvement plan shall be submitted for approval by the Director
of Planning and Building and the City Engineer prior to or concurrent with the
second submittal of street improvement plans within the subdivision.
e) Approval of the street tree improvement plans shall constitute final approval
of the selection of street trees for the street parkways. (Engineering)
10. The developer shall construct sidewalks and construct pedestrian ramps on all
walkways to meet Americans with Disabilities Act standards and as approved by the
City Engineer. In the event the Federal Government adopts ADA standards for street
rights-of-way which are in conflict with the standards and approvals contained herein,
all such approvals conflicting with those standards shall be updated to reflect those
standards. Unless otherwise required by Federal law, City ADA standards may be
considered vested, as determined by Federal regulations, only after construction has
commenced. (Engineering)
11. Submit, prior to the issuance of any rough grading permit for the Project, a study
showing that all curb returns for any intersections in excess of 4% located within the
permit boundaries, comply with all Americans with Disabilities Act standards at the
front and back of sidewalks. (Engineering)
12. Do not install privately owned water, reclaimed water, or other utilities across public
street, including sleeves for future construction of privately owned facilities. The City
Engineer may waive this requirement if the developer enters into an agreement with
the City agreeing to the following terms:
a) Obtain an encroachment permit for the installation of the private facilities
within the public right-of-way.
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b) Maintain membership in an advance notice service such as the Underground
Service Alert (USA) Dig Alert Service.
c) Locate and mark any private facilities owned by the developer whenever work
is performed in the area.
d) Provide shutoff devices to the satisfaction of the City Engineer at those
locations where private facilities traverse public streets.
The terms of this agreement shall be binding upon the successors and assigns of the
developer. (Engineering)
13. Submit and obtain preliminary approval for proposed street names from the Director
of planning and Building and the City Engineer. No two intersections shall have the
same name. Street name suffixes shall be "Place". (Engineering)
GRADING AND DRAINAGE GRADING AND DRAINAGE
14. Designate as private all storm drain systems that collect water from private property
on grading and drainage, and/or improvement plans to the point of connection with
a public system, or to the point at which storm water that is collected from public
street right-of-way, public park or open space areas is first introduced into the system.
Downstream, from that point, the storm drain system shall be public. An
encroachment permit shall be processed and approved by the City for private storm
drains within the public right-of-way or within C.F.D. maintained Open Space lots.
(Engineering)
15. Provide runoff detention basins or other facilities approved by the City Engineer to
reduce the quantity ofrunofffrom the development to an amount equal to or less than
the present 100-year frequency runoff and demonstrate the adequacy of existing
facilities to the satisfaction of the City Engineer. (Engineering)
16. Comply with all the provisions of the National Pollutant Discharge Elimination
System (NPDES) and the Clean Water Program during and after all phases of the
development process, including but not limited to: mass grading, rough grading,
construction of street and landscaping improvements, and construction of dwelling
units. (Engineet'it~)
17. Submit with grading and drainage and/or improvement plans, as applicable,
hydrologic and hydraulic studies and calculations, including dry lane calculations for
all public streets. Calculations shall also be provided to demonstrate the adequacy of
downstream drainage structures, pipes and inlets. (Engineering)
Resolution 19666
Page 16
18. Design storm drain to conform to the adopted Subdivision Manual and Grading
Ordinance as may be amended from time to time. (Engineering)
19. Design drainage to prevent diversion of drainage flows between tributary areas. In
addition, Lots 1-12 shall drain to Telegraph Canyon drainage basin and Lots 13-16
to Salt Creek drainage basin. (Engineering)
20. Design, to the satisfaction of the City Engineer, all storm drains, and other drainage
facilities to include Best Management Practices to minimize non-point source
pollution. (Engineering)
21. Design and construct the inclination of each cut or fill surface resulting in a slope to
not be steeper than 2: l(two horizontal to one vertical) except for minor slopes as
herein defined. A minor slope may be constructed no steeper than one and one-half
horizontal to one vertical (1.5:1) contingent upon:
a) Submission of reports by both a soils engineer and a certified engineering
geologist containing the results of surface and subsurface exploration and
analysis. These results should be sufficient for the soils engineer and
engineering geologist to certify that in their professional opinion, the
underlying bedrock and soil supporting the slope have strength characteristics
sufficient to provide a stable slope and will not pose a danger to persons or
property, and that the minor slopes have been designed for proper stability
considering, both geological and soil properties.
b) The installation of a City approved special slope planting program and
irrigation system.
c) A Minor Slope is defined as a slope four (4) feet or less in vertical dimension
in either cut or fill, between individual lots and not parallel to any roadway.
(Engineering)
22. Locate lot lines at the top of slopes except as approved by the City Engineer. Lots
shall be so graded as to drain to the street or an approved drainage system. Drainage
shall not be permitted to flow over slopes or onto adjacent property. (Engineering)
23. Submit in conjunction with the submittal of the first Request for Issuance of Building
Permit form (PWE 106A) for the project, a list that includes all of the lots within the
project and indicates the geologic condition(s) that will underlie the structures to be
built on each of the lots (i.e. fill, cut, or a transition between the two geologic
conditions). The subject list is to be completed, signed and stamped by the Engineer-
of-Work and the Soils Engineer. (Engineering)
Resolution 19666
Page 17
24. Comply with all applicable regulations established by the United States Environmental
Protection Agency (USEPA) as set forth in the National Pollutant Discharge
Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm
water discharge and any regulations adopted by the City of Chula Vista pursuant to
the N.P.D.E.S. regulations or requirements. Further, the applicant shall file notice of
intent with the State Water Resources Control Board to obtain coverage under the
N.P.D.E S. General Permit for storm water discharges associated with construction
activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP)
concurrent with the commencement of grading activities. The SWPPP shall include
both construction and post construction pollution prevention and pollution control
measures and shall identify funding mechanisms for post construction control
measures. (Engineering)
25. Provide energy dissipators at all storm drain outlets as required by the City Engineer
to maintain non-erosive flow velocities. ~ngineering)
26. Install public storm drains as close to perpendicular slope contours as possible but in
no case greater than 15 degrees from perpendicular to the contours. Install storm
drain clean-outs such that they are not located on slopes or in inaccessible areas for
maintenance equipment. (E, gmeerin~
27. Brow ditches that cross over slopes greater than 10 feet in height and steeper than 3:1
gradient shall not be allowed. Drainage shall be collected in an inlet and carried via
underground storm drain to the bottom of the slope or a drain inlet connected to an
underground storm drain. (Engineering)
28. Design storm drain such that no storm drain pipes run parallel and along slopes unless
otherwise approved by City Engineer. (Pipes are run underground) (Engineering)
29. Provide a graded access ( 12 feet minimum width) and access easement as required by
the City Engineer to all public storm drain inlet structures, including any permanent
detention/desiltation basin outlet structures. (Engineering)
30. Provide an ilnproved access as determined by the City Engineer to each public
drainage structure located within private open space lots. (Engineering)
31. Designate all drainage facilities draining private property to the point of connection
with public facilities as private. (Engineermgd
32. Request that the Federal Emergency Management Agency (FEMA) revise the
effective Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report
for the area influenced by the project and provide all required information and
documents needed by FEMA to process this request. (EngineeringJ
Resolution 19666 "'
Page 18 !
33. Provide a 12-foot-wide, 6-inch-thick concrete access road to the bottom of any
proposed detention basins. This access shall have a maximum slope of 8%, and a
heavy broom finish on the ramp or as directed by the City Engineer. (Engineering)
34. Prepare, submit and obtain approval by the City Engineer, Director of Planning and
Building for the following plans prior to issuance of mass grading plans:
a) Erosion and sedimentation control plan prior to approval of grading plans.
b) Detailed landscape and irrigation plans, including water management
guidelines in accordance with the Chula Vista Landscape Manual.
c) Comprehensive Landscape Master Plan for the Project. (Engineering)
SEWER
35. Sewer system shall be designed such that no diversion is allowed.
36. Sewer diversion from Salt Creek Sewer Basin to Telegraph Canyon Sewer Basin may
be considered and condition 35 above deemed satisfied by the City Engineer if all of -.
the following items are resolved to the satisfaction of the City Engineer:
a) Conduct a sewer study as determined by the City Engineer, of the entire
length of the affected sewer line (Telegraph Canyon Gravity Sewer Line) to
demonstrate, to the satisfaction of the City Engineer, that there is adequate
capacity in that basin.
b) Pay for all upgrade costs beyond those costs already identified in the
Telegraph Canyon Sewer Study by Willdan Associates, dated 1992.
c) Pay fair share of the appropriate Development Impact Fee(s), as determined
by the City Engineer. (Engineering)
d) Based on the sewer study and as deemed necessary by the City Engineer,
upgrade, all sewer line segments identified in said study, if such segment
exceeds City design criteria for acceptable sewer peak flows.
e) Developer is entitled, at the discretion of the City Engineer, to DIF cash or
credit reimbursement for the upgrade of sewer line segments identified in the
sewer study and constructed by the Developer and accepted by the City.
(Engineering)
37. Locate all sewer access points (manholes) at the centerline of streets or cul-de-sacs
or at the center of a travel lane unless otherwise approved by the City Engineer and
Director of Public Works. (Engineering)
Resolution 19666
Page 19
38. Provide an access road with a minimum width of 12 feet to all sanitary sewer access
points using such construction material as approved by the Director of Public Works.
The roadway shall be designed for an H-20 wheel load or other loading as approved
by the City Engineer. Sewer lines shall be installed as close to perpendicular to the
slope contours as possible but in no case greater than 15 degrees from perpendicular
to the contours. (Engineeri,g)
39. Grant on the Final Map a 20 feet minimum sewer and access easement for any sewer
lines located between individual lots unless otherwise directed by the City Engineer.
All other easements shall meet City standards for required width. (Engineering)
40. Install parallel sewer lines for sewer lines greater than 15 feet in depth if lateral lines
are to be connected to these lines unless otherwise approved by the City Engineer.
For sewer lines greater than 20' in depth, C900 PVC shall be used from manhole to
manhole. (Engineering)
41. Design and construct sewer access points such that they are not located on slopes or
in areas inaccessible for maintenance equipment. (Engineering)
42. Provide sewer manholes at all changes of alignment of grade. Sewers serving 10 or
less equivalent dwelling units shall have a minimum grade of 1%. (Engineering)
43. Design and construct all sewers ending in a cul-de-sac with a manhole placed at the
center of the cul-de-sac, unless otherwise approved by the City Engineer.
(Engmeeril~g)
OPEN SPACE/ASSESSMENTS/CC&R'S
44. Submit, prior to the approval of the first Final Map, evidence, acceptable to the City
Engineer and the Director of Planning and Building, of the formation of a Business
Center Owner's Association (BCOA), or annexation of this project to the existing
EastLake I Bnsiness Center Owners Association, or another financial mechanism
acceptable to the City Manager. The BCOA formulation documents shall be
approved by the City Attorney.
CC&R's for the Project shall be submitted to the Planning and Building Department
for review and approval prior to approval of the first final map, and shall include:
a) Maintenance of all facilities located within open space lots by the Business
Center Owner's Association (BCOA) shall include, but not be limited to:
walls, fences, water fountains, lighting structures, paths, trails, access roads,
drainage structures and landscaping. Each open space lot shall also be broken
down by the number of acres.
Resolution 19666 "
Page 20
b) Include language in the CC&R's establishing the BCOA responsibility to
maintain medians and parkways along Boswell Road, Fenton Street, Street A,
Street B, Otay Lakes Road.
c) Provisions which clearly indicate the responsibility, if any, of the individual
owners to water and maintain irrigation and planting within the parkways. The
CC&R's shall also indicate that the BCOA shall have both the authority and
the obligation to enforce said maintenance.
d) Name the City of Chula Vista as a party to the CC&R's, with the authority,
but not the obligation, to enforce the terms and conditions of the CC&R's in
the same manner as any owner within the business center.
e) Include language in the CC&R's for the project specifying that individual
owners may not modify the parkway planting.
f) Before any revisions to provisions of the CC&R's that may particularly affect
the City can become effective, said revisions shall be approved by the City.
The BCOA shall not seek approval from the City of said revisions without the
prior consent of 100 percent of the holders of first mortgages or property
owners within the BCOA.
g) The BCOA shall indemnify and hold the City harmless from any claims,
demands, causes of action liability or loss related to or arising from the
maintenance activities of the BCOA.
h) The BCOA shall not seek to be released by the City from the maintenance
obligations described herein without the prior consent of the City and 100
percent of the holders of first mortgages or property owners within the
BCOA.
i) The BCOA is required to procure and maintain a policy of comprehensive
general liability insurance written on a per-occurrence basis in an amount not
less than one million dollars combined single limit. The policy shall be
acceptable to the City and name the City as additionally insured.
j) The CC&R's shall incorporate restrictions for each lot adjoining open space
lots containing walls maintained by the open space district to ensure that the
property owners know that the walls may not be modified or supplemented
nor may they encroach on City property.
k) The CC&R's shall include provisions assuring maintenance of all streets,
driveways, drainage and sewage systems that are private.
1) The CC&R's shall include provisions assuring BCOA membership in an
advance notice such as the USA Dig Alert Service in perpetuity.
" Resolution 19666
!; ~': ~ Page 21
m) Include provisions in the CC&R's assuring the maintenance of the required
perimeter wall along the north property line of lots 2, 3, 12 and 13, and east
propetty line of lots 13, 14, 15, 16.
n) Indicate in the CC&R's that the BCOA is responsible for the maintenance of
those landscaping improvements that are not to be included in Open Space
Districts, if any. The City Engineer and the Director of planning and Building
may require that some of those improvements shall be maintained by the other
financial mechanism. (Engineering)
45. Pay all costs associated with apportionment of assessments (A.D. 90-3) for all City
assessment districts as a result of subdivision of lands within the boundary prior to
approval of each Final Map. Submit an apportionment form and provide a deposit as
determined by and to the City to cover costs. (Engineering)
46. Submit all Special Tax and Assessment disclosure forms for each lot or EDU for the
approval of the City Engineer. (Engineering)
47. Enter into an agreement to grant and maintain easements as necessary for landscaping
maintained by a homeowner's Association within City right-of-way or such other
areas required by the City prior to approval of each final map. (Engineering)
48. Locate lot lines at the top of all slopes. Slope areas located below lot lines shall be
open-spaced lots to be maintained by the BCOA or other approved maintenance to
the satisfaction of the City Engineer and Director of Planning and Building. Acreage
shall be shown for each open-space lot. (Engineering)
WATER
49. Provide to the City a letter from Otay Municipal Water District indicating that the
assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City
has been paid or that no assessments exist on the parcel(s). (Engineering)
50. Present verification to the City Engineer in the form of a letter from Otay Water
District that the subdivision will be provided adequate water service and long term
water storage facilities, including fire protection requirements. (Engineering)
EASEMENTS
51. Iudicate on each Final Map a reservation of easements to the future Homeowners
Association for private storm drain, if any, within open space lots as directed by the
City Engineer. (Engineering)
52. Acquire and then grant to the City all off-site rights-of-way necessary for the
installation of required street improvements for the affected phase prior to approval
of the corresponding Final Map. (Engineering)
Resolution 19666 "
Page 22
53. Notify the City at least 60 days prior to consideration of the final map by City if any
off-site right-of-way cannot be obtained as required by the Conditions of approval.
(Only off-site right-of-way or easements affected by Section 66462.5 of the
Subdivision Map Act are covered by this condition.)
After said notification, the developer shall:
a) Pay the full cost of acquiring off-site right-of-way and/or easements required
by the Conditions of Approval of the Tentative Map.
b) Deposit with the City the estimated cost of acquiring said fight-of-way and/or
easements. Said estimate to be approved by the City Engineer.
c) Have all easements and/or right-of-way documents and plats prepared and
appraisals complete which are necessary to commence condemnation
proceedings as determined by the City Attorney.
d) Request that the City use its powers of Eminent Domain to acquire fight-of-
way, easements or licenses needed for off-site improvements or work related
to the Final Map. The developers shall pay all costs, both direct and indirect
incurred in said acquisition.
The requirements of 53a, 53b, and 53c shall be accomplished prior to the approval of
the Final Map. (Engineering)
54. Where a private storm drain easement will parallel a public sewer easement, the
easements shall be delineated separately on the Final Map and on the Grading and
Improvement plans. If any portion of the easements will overlap one another, the City
shall have a superior right to the common portion of the easements. (Engineering)
55. Prior to approval of each Final Map, the City Engineer may require either the removal
or the subordination of any easement that may unreasonably interfere with the full and
complete exercise of any required public easement or right-of-way. (Engineering)
56. Provide easements to the City of Chula Vista for all on-site and off-site public
drainage facilities, sewers, maintenance roads, private detention basins and any other
private and public facilities necessary to the City to provide service to the subject
subdivision. (Engineering)
AGREEMENTS/FINANCIAL
57. Enter into a supplemental agreement with the City, prior to approval of each Final
Map, where the developer agrees to the following:
Resolution 19666
Page 23
a) That the City may withhold building permits for the subject subdivision if any
one of the following occur:
i) Regional development threshold limits set by the adopted East Chula
Vista Transportation Phasing Plan have been reached.
ii) Traffic volumes, levels of service, public utilities and/or services
exceed the threshold standards in the then effective Growth
Management Ordinance.
iii) The required public facilities, as identified in the Public Facilities
Finance Plan as amended or otherwise conditioned, have not been
completed or constructed to satisfaction of the city. The Developer
may propose changes in the timing and sequencing of development
and the construction of improvements affected. In such case, the PFFP
may be amended as approved by the City Planning and Building
director and City Engineer.
b) That the City may withhold building permits for any of the phases of
development identified in the Public Facility Finance Plan (PFFP) for
EastLake Business Center II if the required facilities, as identified in the PFFP,
or as may be amended from time to time, have not been completed.
c) Defend, indemnify, and hold harmless the City and its agents, officers and
employees, from any claim, action or proceeding against the City, or its
agents, officers or employees to attack, set aside, void or annul any approval
by the City, including approval by its Planning Commission, City Council or
any approval by its agents, officers, or employees with regard to this
subdivision provided the City promptly notifies the subdivider of any claim,
action or proceeding and on the further condition that the City fully
cooperates in the defense.
d) Hold the City harmless from any liability for erosion, siltation or increase flow
of drainage resulting from this project.
e) Ensure that all franchised cable television companies ("Cable Company") are
permitted equal opportunity to place conduit and provide cable television
service to each lot within the project area. Developer agrees that the City of
Chula Vista may grant access to cable television companies franchised by the
City of Chula Vista to place conduit within the City' s easement situated within
the Project. Developer shall restrict access to the conduit to only those
franchised cable television companies who are, and remain in compliance with,
all of the terms and conditions of the franchise and which are in further
compliance with all other rules, regulations, ordinances and procedures
regulating and affecting the operation of cable television companies as same
may have been, or may from time to time be issued by the City of Chula Vista.
Resolution 19666 "'
Page 24
f) That the City may withhold the issuance of building permits for the Project,
should the Developer be determined by the City to be in breach of any of the
terms of the Tentative Map Conditions or any Supplemental Agreement. The
City shall provide the Developer of notice of such determination and allow the
Developer reasonable time to cure said breach. (Platoling/Engineering)
58. Enter into a supplemental agreement with the City prior to approval of each Final
Map, where the developer agrees not protest the formation of any future regional
impact fee program or facilities benefit district to finance the construction of regional
facilities. (Engineeri,g)
59. Enter into an agreement with the City agreeing to modify the EastLake I Business
Center II Supplemental Water Conservation Plan as necessary to incorporate all new
water conservation policies adopted by City Council after approval of this SPA.
(Planning)
FIRE
60. Provide fire hydrants at location shown in the tentative map to the satisfaction of the
City of Chula Vista Fire Marshal. (Fire)
61. Provide the Initial Cycle of fire management/brush clearance within lots adjacent to
natural open space areas subject to approval by the Fire Marshall and Director of
Planning and Building. (Fire)
62. Install and make operable fire hydrants or equivalent fire protection to the satisfaction
of the City Fire Marshal, and 20' fire access roads prior to delivery of combustible
building materials. (Fire)
MISCELLANEOUS
63. Submit a copy of each subdivision in a digital D.X.F. file format as required by the
City Engineer, prior to approval of each Final Map or as requested by the City
Engineer. (Engineering)
64. Tie the boundary of the subdivision to the California System-Zone VI (1983).
(Engineering)
65. If developer desires to do certain work on the property after approval of the Tentative
Map, but prior to recordation of the applicable Final Map, they may do so by
obtaining the required approvals and permits from the City. The permits can be
approved or denied by the City in accordance with the City's Municipal Code,
regulations and policies. Said permits do not constitute a guarantee that subsequent
submittal (i.e., Final Map and Improvement Plans) will be approved. All work
performed by the developer prior to approval of the Final Map shall be at the
developers own risk. Prior to permit issuance, the developer shall acknowledge in
Resolution 19666
Page 25
writing that subsequent submittal (i.e., Final Map and Improvement Plans) may
require extensive changes, at developers cost, to work done under such early permit.
Prior to the issuance of a permit, the developer shall post a bond or other security
acceptable to the City in an amount determined by the City to guarantee the
rehabilitation of the land if the applicable Final Map does not record. (Engineering)
66. Agree to provide noise study prior to issuance of the first building permit for each Lot
to identify noise impacts generated by industrial uses and determine the necessary
mitigation measures to insure that the allowable noise levels as prescribed in the
Performance Standards of the Chula Vista Municipal Code are not exceeded. The
developer shall implement all mitigation measures recommended in the noise study to
reduce noise impacts to the surrounding residential neighborhoods. (Planning/
Engineering)
67. Agree to participate in a regional or sub-regional multi-species coastal sage scrub
conservation plan prior to approval of the first Final Map. (Planning)
68. In the event of a filing of a Final Map which requires over sizing (in accordance with
the restrictions of state law and City ordinances) of the improvements necessary to
' serve other properties, said Final Map shall be required to install all necessary
improvements to serve the project plus the necessary over sizing of facilities required
to serve such other properties. The developer may seek repayment from other
property owners through a reimbursement district. (Engineering)
69. Contract with the City's current street sweeping franchisee, or other server approved
by the Director of Public Works to provide street sweeping for each phase of
development on a frequency and level of service comparable to that provided for
similar areas of the City. The developer shall cause street sweeping to commence
immediately after the final lot, in each phase, is occupied and shall continue sweeping
until such time that the City has accepted the street or 60 days after completion of all
punch list items, whichever is shorter. (Conservation Coordinator)
70. Provide the City Conservation Coordinator with a copy of the memo requesting street
sweeping service. The memo shall include a map of areas to be swept and the date
the sweeping will begin. (Conservation Coordinator)
71. Incorporate an open space lot with minimum with of 10 ft. along the north property
line of lots 3, 12 and 13. (Engineering/Pkrnuing)
71 a. Install landscape and irrigation system on all open space lots adjacent to the northerly
adjacent residential area immediately after grading.
CODE REQUIREMENTS
Resolution 19666 "-
Page 26
72. Underground all utilities within the subdivision in accordance with Municipal Code
requirements.(Engineering)
73. Comply with all relevant Federal, State, and Local regulations, including the Clean
Water Act. The developer sl~a]l be responsible for providing all required testing and
documentation to demonstrate said compliance as required by the City
Engineer. (Engineering)
74. Submit the necessary Planning Application and processing fee to modify the EastLake
III General Development plan text, maps and statistics to reflect the detachment of
108 acres of Research and Limited Manufacturing land use, as adopted in this
Resolution prior to approval of the first Final Map in the Business Center If.
(Planning)
75. Revise the EastLake II GDP, EastLake I SPA documents, as deemed appropriate by
City staff, deleting strike underline and references to previous documents. After final
revisions submit to the Planning Department 20 final prints in plastic binders prior to
issuance of the first building permit for the Project. (Planning)
76. A comprehensive fencing plan indicating design, color, materials, height and location
of all perimeter and interior fences shall be reviewed and approved by the Director of
Planning and Building, and incorporated in the EastLake I Business Center
Community Design Guidelines prior to approval of the first final map. (Planning)
77. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation
of the Final Map and all plans shall be in accordance with the provisions of the
Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and
Subdivision Manual. Compliance with the City of Chula Vista threshold standards,
based on actual development patterns and updated forecasts in reliance on changing
entitlement and market conditions, shall govern EastLake Business Center II
development patterns and tbe facility improvement requirements to serve such
development. In addition, the sequence in which improvements are constructed shall
correspond to any future Eastern Chula Vista Transportation Phasing Plan or
amendment to the Growth Management Program and Ordinance adopted by the City.
The City Engineer may modify the sequence of improvement construction should
conditions change to warrant such a revision. (Engineering)
78. Pay all applicable fees in accordance with the City Code and Council Policy,
including, but not limited to, the following:
a) The Transportation and Public Facilities Development Impact Fees.
b) Signal Participation Fees.
c) All applicable sewer fees, including but not limited to sewer connection fees.
d) Interim SR-125 impact fee.
e) Telegraph Canyon (Gravity Flow) Sewer Basin DIF,
f) Salt Creek Sewer Basin DIF as may be adopted by the City in the future.
Resolution 19666
Page 27
g) Telegraph Canyon Basin Drainage DIF.
h) Salt Creek Basin Drainage DIF.
i) Telegraph Canyon Sewer Pumped Flow DIF.
Pay the amount of said fees in effect at the time of issuance of building permits.
(Engineering)
79. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments"
pursuant to Municipal Code Section 5.46.020 regarding projected taxes and
assessments. Submit the disclosure form for approval by the City Engineer prior to
Final Map approval. (Engineering)
80. Comply with Council Policy No. 522-02 regarding maintenance of natural channels
within open spaces. (Engineering)
81. Comply with all aspects of the City of Chula Vista Landscape Manual. (Engineering)
82. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code
(Growth Management) as may be amended from time to time by the City. Said
chapter includes but is not limited to Threshold Standards (19.09.04), Public Facilities
Finance Plan implementation (19.09.090), and Public Facilities Finance Plan
amendment procedures (19.09.100). (Engineering)
XV. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, and any of such conditions fail to be so implemented and
maintained according to their terms, the City shall have the right to revoke or modify all approvals
herein granted, deny or further condition issuance of future building permits, deny, revoke or further
condition all certificates of occupancy issued under the authority of approvals herein granted,
instituted and prosecute, liftgate or compel their compliance or seek damages for their violations. No
vested fights are gained by Developer or successor in interest by the City approval of this Resolution.
XVI. INVAL1DITY; 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 of more terms, provisions or conditions are determined by the court of competent jurisdiction
to be invalid 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.
XVII. NOTICE OF DETERMINATION
That the Environmental Review Coordinator of the City of Chula Vista is directed after City
Council approval of this Project to ensure that a Notice of Determination is filed with the County
Clerk of the County of San Diego. These Documents, along with any documents submitted to the
Resolution 19666
Page 28
decision-makers, including documents specified in the Public Resources Code Section 21167.6,
Subdivision(s), shall comprise the entire record of the proceedings for any claims under the California
Environmental Quality Act CCEQA") (Pub. Resources Code 21000 et seq.).
Presented by Approved as to form by
Robert A. Leiter h ' KahenY/ ft~
Planning and Building Director y
~-- Resolution 19666
Page 29
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 16t~ day of November, 1999, by the following vote:
AYES: Councilmembers: Davis, Padilla, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Moot
Shirley Horton~vlayor
ATTEST: '
Susan Bigelow, City ~ee~k
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 19666 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 16th day of November, 1999.
Executed this 16"~ day of November, 1999.
Susan Bigelow, City Clerk
Land Use Districts
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