Loading...
HomeMy WebLinkAboutReso 1999-19447 RESOLUTION NO. 19447 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND ADDENDUM TO FSEIR 97-04 (EASTLAKE TRAILS/GREENS RE-PLANNING PROGRAM), INDEMNIFICATION AGREEMENT AND ESTABLISHING CONDITIONS OF THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE TRAILS, CHULA VISTA TRACT 99-03. I. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit A-1 through A-5, copies of which are on file in the Office of the City Clerk, incorporated herein by this reference, and commonly known as Eastlake Trails Tentative Subdivision Map, Chula Vista Tract 99-03; and for the purpose of general description herein consists of 322.8 gross acres located on the east side of Hunte Parkway between Otay Lakes Road and the future alignment of Olympic Parkway, within the Eastlake Planned Community ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on October 8, 1998, The Eastlake Company ("Developer") filed a tentative subdivision map application with the Planning and Building Department of the City of Chula Vista requesting approval of the Tentative Subdivision Map for Eastlake Trails, Chula Vista Tract 99-03 in order to subdivide the Project Site into seven hundred forty nine (749) residential lots; four super Jots with capacity for 394 dwelling units; three (3) open space lots (OS-1 through OS-3), three (3) park lots (P-1 through P-3), school site (S-1); community purpose facility site (CPF); and various special lots (i.e. slope lots) throughout the subdivision ("Project"); and C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements and agreements, including: 1 ) a General Development Plan, Eastlake II (Eastlake I Expansion) General Development Plan previously approved by City Council Resolution No. 15198 ("GDP") and amended by City Council Resolution No. 19275 on November 24, 1998; 2) the Eastlake Trails Sectional Planning Area Plan ("SPA"); 3) Eastlake Trails Air Quality Improvement Plan (AQIP); 4) Eastlake Trails Water Conservation Plan (WCP); 5) Eastlake Trails Planned Community District Regulations; 6) Eastlake Trails Design Guidelines; 7) Eastlake Trails Public Facilities Financing Plan; and 8) Eastlake Comprehensive Affordable Housing Program, all previously approved by City Council Resolution No. 19275, and Ordinance 2765 on November 24, 1998; 8) Eastlake Ill Development Agreement, approved on February 27, 1999; and 9) Eastlake Park Agreement, approved on August 8, 1998; 10) Escrow Agreement, approved on March 26, 1996; and D. Planning Commission Record on Application Resolution 19447 Page 2 WHEREAS, the Planning Commission held an advertised public hearing on the Project on April 28, 1999 and, after hearing staff presentation and public testimony, voted ( - ) recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below, E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on May 4, 1999, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and WHEREAS, the city clerk set the time and place for a hearing on said tentative subdivision map application and notice of said 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 ft. of the exterior boundary of the project at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. May 4, 1999, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on April 28, 1999, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. Ill. PREVIOUS EIR-97-04 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and certified FSEIR-97-04 (Eastlake Trails / Greens Replanning Program). IV. COMPLIANCE WITH CEQA The Environmental Review Coordinator has determined that any impacts associated with the proposed tentative subdivision map have been previously addressed by FSEIR 97-04 (Eastlake Trails/Greens Re-planning Program) and has, therefore, prepared an addendum to said EIR. Refined information available since completion of the EIR regarding the potential environmental impacts of the project does not show that the project will have one or more significant impacts which were not previously addressed in the Final EIR.The Addendum has been prepared in accordance with requirements of the California Environmental Quality Act, State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista. V. INDEPENDENT JUDGMENT OF CITY COUNCIL Resolution 19447 Page 3 The City Council finds that Addendum to FSEIR-97-04 reflects the independent judgment of the City Council of the City of Chula Vista and hereby adopts the Addendure to FSEIR 97-04 (Eastlake Trails/Greens Replanning Program). VI. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map as conditioned herein for Eastlake Trails, Chula Vista Tract No. 99-03 is in conformance with the elements of the City's General PIan, based on the following: a. Land Use The Eastlake Trails Sectional Planning Area (SPA) plan provides for Low (0-3 du/ac), Low Medium (3-6 du/ac), and Medium (6-11 du/ac) residential densities, as well as Parks (P), Open Space (OS), Public Quasi-public support (PQ) land uses for 1143 dwelling units (5.1 du/ac.). The proposed subdivision incorporates a variety of lot sizes within the density range allowed by the SPA and other lots to satisfy the park dedication and Community Purpose Facilities (CPF) requirements. Thus, the Project as conditioned, is in substantial compliance with the Eastlake ~1 GDP and Eastlake Trails SPA. b. Circulation All on-site and off-site pul~lic streets required to serve the subdivision will be constructed or DIF fees I~aid by the developer in accordance with the Eastlake Trails Public Facilities Financing Plan. 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. The required and anticipated off-site improvements would be designed to handle this Project and future projects in the area. c. Housinq The Eastlake Comprehensive Affordable Housing Program has been adopted and incorporated into the East~ake Trails SPA Plan to ensure that a minimum of ten percent affordable housing is provided. In addition, a mix of housing types and lot sizes for single-family, townhouses, condominium and various apartment densities will also be provided for persons of various incomes. d. Conservation The Environmental Impact Report FSEIR-97-04 and Addendum 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. Resolution 19447 Page 4 e. Parks and Recreation, Open Space The Eastlake Trails Tentative Subdivision Map provides a community park, community center, private swim complex and regional as well as community trails consistent with the General Plan, Eastlake II General Development plan and Eastlake Trails goals and objectives. f. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. g. Safety The Fire Department and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets the City Threshold Standards for emergency services. h. Noise Noise mitigation measures included in the Environmental Impact Report FSEIR- 97-04 and Addendure adequately address the noise policy of the General Plan. The project has been conditioned to require that all dwelling units be designed to preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA for all outside private patio areas. i. Scenic Hiqhwav The project site is located adjacent to designated scenic highways (Olympic Parkway and Otay Lakes Road). An average 75-foot wide landscaped open space buffer and a decorative wall will be provided along these two edges and extended along Hunte Parkway. j. Bicycle Routes Bicycle lanes have been incorporated within the Eastlake Trails design and will be connected to the existing Eastlake Greens SPA bicycle lane system. In addition, the public streets within the project are of adequate width to accommodate bicycle travel within the interior of the subdivision. k. Public Buildinqs No public buildings are proposed on the project site. The project is subject to RCT fees prior to issuance of building permits. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. Resolution 19447 Page 5 C. The configuration, orientation and topography of the site partially allows for the optimum setting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. D. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. VII. GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in Tentative Subdivision Map, Chula Vista Tract 99-03 and FSEIR-97-04 and Addendum, except as modified by this Resolution. B. Implement Mitigation Measures Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Subsequent Environmental Impact Report for Eastlake Trails, FSEIR-97-04 and Addendure. 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 the FSEIR and Addendum. 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 Unless otherwise conditioned, comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Map, of: 1) The Eastlake II General Development Plan (GDP); 2) Eastlake Trails Sectional Planning Area (SPA) Plan; 3) Eastlake Trails Planned Community District Regulations; 4) Eastlake Trails Design Guidelines; 5) Eastlake Trails Public Facilities Financing Plan; 6) Eastlake Trails Water Conservation Plan; 7) Eastlake Trails Air Quality Improvement Plan; 8) Eastlake Trails Sub-area Water Master Plan; and 9) Eastlake Trails Waste Water Master Plan, all approved by the Council on November 24, 1999, Resolution No. 19275 ("Plans"), prior to approval of the corresponding Final Map. As an alternative, the Developer shall entered 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 Resolution 19447 Page 6 of a final Water Conservation Plan or Air Quality Plan constitutes an improper subsequent imposition of the condition. D. Implement Public Facilities Financing Plan Developer shall install public facilities in accordance with the Eastlake Trails Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning and Building Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. E. Design Approval The Developer shall develop the lots in accordance with the Eastlake Trails Planned Community District Regulations and Design Guidelines and all single family lots less than 5,000 sq, ft shall be submitted for review and approval under the City's Design Review process prior to submittal for building permits. VIII. SPECIAL CONDITIONS OF APPROVAL The following conditions of approval are based on two Final Maps or development phases, which are hereinafter referred to as "Initial Phase" and the "Remaining Phase." Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's satisfaction prior to approval of the Initial Phase First Final Map. STREETS, RIGHTS-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, as required for each phase in accordance with Chula Vista Design Standards, Chula Vista Street Standards, and the Chula Vista Subdivision Manual, unless otherwise approved by the City Engineer. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water 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. All streets shall conform to the City's Street Design Standards Policy adopted by City Council Resolution No. 15349 unless otherwise conditioned or approved by the City Engineer. (Engineering) 2. Construct or enter into an agreement to construct and secure the full street improvements or remaining street improvements outlined in Table "A" below. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence, schedule, alignment and design of improvement construction should conditions change to warrant such a revision. · : Resolution 19447 Page 7 TABLE A STREET IMPROVEMENTS FACILiTy FACIUTy/ UMITS AGREE TO CONSTRUCT AND GUARANTEE NO. STREET NAME CONSTRUCTION BY 1 Clubhouse Hunte Parkway to Street "A" First Final Map Drive Initial Phase 2 Clubhouse Street "A" tn eash~rly tt:rm~nus with First Final Map Drive Street "B" Initial Phase 3 Hunte Otay Lakes Road to Clubhouse First Final Map Parkway Drive Remaining Phase 4 Hunte Clubhouse Drive to Oak Spriogs First Final Map Parkway Drive Initial Phase 5 Hunte Oak Springs Drive to Olympic First Final Map Parkway Parkway Initial Phase 6 Qlynqpic SR-125 to Hunte Parkway First Final Map Parkway Initial Phase 7 Olympic Hunte Parkway to Wueste Road Under construction. Completion Parkway date February 2001 8 Otay Lakes Huote Parkway to easterly First Final Map Road subdivision boulrdary Remaining Phase 9 Street"A" Clubhouse Drive to Street "L" First Final Map Initial Phase 10 Street "A" Hunte Parkway to Street "A" First Final Map Initial Phase a. FACILITY NO. 1 Construct Clubhouse Drive to the designed full-width street improvements, as approved by the City Engineer, and include an 8-foot meandering decomposed granite walkway on the north side of the street and an 8-foot meandering concrete walkway on the south side of the street. The timing for completion of improvement construction shall be prior to the opening of the proposed Eastlake Trails elernentary school site which is scheduled to open the first quarter of the Year 2000. (Engineering) b. FACILITY NO. 2 Construct Clubhouse Drive to the designed full*width street improvements, as approved by the City Engineer, and include an 8-foot meandering decomposed granite walkway on the north side of the street and an 8-foot meandering concrete walkway on south side of the street. (Engineering) r Resolution 19447 Page 8 c. FACILITY NO. 3 Construct the missing street irnprovements along Hunte Parkway from Otay Lakes Road to Clubhouse Drive. The missing street improvements shall include the necessary grading and construction required to provide for an 8-foot wide meandering concrete walkway on the eastern side of Hunte Parkway and any other street improvements determined to be necessary by the City Engineer. Any additional street right-of-way required to complete said improvements shall be granted to the City prior to approval of the Initial Phase first Final Map. (Engineering) d. FACILITY NO. 4 Construct the missing street improvements along Hunte Parkway from Clubhouse Drive to Oak Springs Drive. The missing street improvements shall include the necessary grading and construction required to provide for an 8' wide meandering concrete wall<way on the eastern side of Hunte Parkway and any other street improvements determined to be necessary by the City Engineer. Any additional street right-of-way required to complete said improvements shall be granted to the City prior to approval of the Initial Phase first final map. The timing for completion of improvement construction shall be prior to the opening of the Eastlake Trails elementary school site which is scheduled to open the first quarter of the Year 2000. (Engineering) e. FACILITY NO. 5 Construct the full-width street improvements for Hunte Parkway from Oak Springs Drive to Olympic Parkway. Improvement plans for the subject portion of Hunte Parkway have been submitted and approved by the City. The City of Chula Vista drawing numbers corresponding to the street improvements are 90- 1030 through 90 1037 and 91-44 through 91-57. The bonds for material and labor and faithful perfornqance for the two sets of drawings were posted by American Casualty Company of Reading, Pennsylvania, and the bond numbers corresponding to the two sets of drawings are 158541802 (July 23, 1998) and 158541783 (July 23, 1998), respectively. (Engineering) f. FACILITY NO. 6 Construction of Olympic Parkway from SR-125 to Hunte Parkway shall commence within twelve months of the completion of construction phase I, II, and Ill of Olympic Parkway, or by March 1,2002, whichever occurs later. The City may, upon written request by the Developer, use its power of eminent domain to acquire the right of way for Olympic Parkway outside the EastLake property ownership. The developer has entered into an agreement with the City, dated May 26, 1998, whereby the Developer agreed to construct the ultimate full-width street improvements for Olympic Parkway (East Orange Avenue) from Hunte Parkway to the westerly subdivision boundary of the EastLake Greens subdivision. Construction security for material and labor and faithful performance for said Resolution 19447 Page 9 street improvements was posted by American Casualty Company of Reading, Pennsylvania on May 21, 1998, and the bond number issued to the securities is 158541752. An approved set of improvement plans for the subject ultimate street improvements does not currently exist, however, approval of such plans is anticipated in the near future. Due to the absence of approved plans, a contingency factor of 50% was added to the estimated cost of the subject street improvements and this contingency was accounted for in the posted bond amount. (Engineering) g. FACILITY NO. 7 Olympic Parkway was initially designed, as an interim condition, to be a four- lane roadway from Hunte Parkway to Wueste Road. Construction security for material and labor and faithful performance for the four-lane improvements was posted by American Casualty Company of Reading, Pennsylvania on July 23, 1998, and a Construction Permit for the improvement work of the interim condition was issued on November 6, 1998. The City of Chula Vista drawing numbers corresponding to said securities and Construction Permit are 91-44 through 91-57 and the bond number issued to the securities is 158541783. Subsequent to the interim fourJane roadway design approval, but prior to commencement of any four-lane improvement work, a Construction Change was performed on the aforementioned drawings that resulted in the ultimate design of Olympic Parkway as a six-lane prime arterial. The additional costs associated with constructing the six-lane roadway was secured separately by the same surety company on February 4, 1999. The bond number corresponding to the material and labor and faithful performance of the additional improvement work is 158541878. It is anticipated that a Construction Permit for the six-lane improvement work will be issued in the near future. Any right-of-way needed to construct this portion of Olympic Parkway shall be granted to the City on the first Final Map of the Initial Phase. The meandering decomposed granite wall<way proposed along the frontage of the Eastlake Trails southern boundary (northern side of the Olympic Parkway centerline) shall be 10-feet wide. (Engineering) h. FACILITY NO. 8 Construct Otay Lakes Road as a full-width six lane prime arterial along the entire frontage of the Eastlake Trails northern subdivision boundary with transitions to the existing roadway easterly of the eastern subdivision boundary. All off*site and on-site right-of-way needed to construct the eastbound transition and the ultimate street improvements, respectively, shall be granted prior to approval of the Remaining Phase first Final Map. The schedule for construction of the above improvements shall be determined or approved by the City Engineer prior to approval of the aforementioned final map. Resolution 19447 Page 10 The proposed meandering sidewall< along the Eastlake Trails northern boundary (south side of Otay Lakes Road) shall be concrete and 8-foot wide. The construction of the proposed sidewalk on the north side of Otay Lakes Road (along the limits of the subdivision boundary) shall be deferred until development occurs along the north frontage of Otay Lakes Road. (Engineering) i. FACILITY NO. 9 Construct Street "A" to the designed full-width street improvements as approved by the City Engineer. The tinning for completion of improvement construction shall be prior to the opening of the proposed Eastlake Trails elementary school site, which is scheduled to open the first quarter of the Year 2000. (Engineering) j. FACILITY NO. 10 Construct Street "L" to the designed full-width street improvements as approved by the City Engineer. The timing for completion of improvement construction shall be prior to the opening of the proposed Eastlake Trails elementary school site, which is scheduled to open the first quarter of the Year 2000. (Engineering) 3. Provide traffic control devices, as required by the City Engineer, for the roundabout Street "MM." (Engineering) 4. Design all cul-de-sacs proposed to be a maximum of 150-feet in length to have a minimum curbline radius of 36-feet and a minimum right-of-way radius of 46-feet. The 5.50-foot Street Tree Planting and Maintenance Easement shall be granted throughout the cul-de-sac. (Engineering) 5. Design, to the satisfaction of the City Engineer, Street "GG," Court 'D" and Court "E" to preclude on-street parking on one side. (Engineering) 6. Submit and obtain approval from the Director of Planning and Building and the City Engineer for all street names. No two intersections shall have the same street name and street name suffixes shall comply with City standards. (Engineering, Planning) 7. Provide, to the satisfaction of the City Engineer and Fire Chief, adequate pedestrian/vehicular street improvements for access to the school site prior to the opening of the Eastlake Trails elementary school, which is scheduled to open the first quarter of the Year 2000. The improvements shall include, but not be limited to, the following: a. All signs and markings related to the proposed elementary school. b. Pedestrian crossings across Hunte Parkway at King Creek Way, Oak Springs Drive and Clubhouse Drive. c. Concrete sidewalks along entire perirneter of the elementary school site. Resolution 19447 Page 11 d. Paved roadways along the entire perimeter of the proposed elementary school site to allow for two-way traffic and comply with the Fire and Police Department requirements. (Engineering) 8, Obtain approval from the City Engineer for street light locations. (Engineering) 9. Construct sidewalk widths and pedestrian ramps on all walkways to meet or exceed the "Americans with Disabilities Act" (ADA) and City standards. (Engineering 10. Obtain approval from the City Engineer for the design and construction of raised medians on Otay Lakes Road, Clubhouse Drive, King Creek Way and Oak Springs Drive in conjunction with improvement plans for each of these streets. (Engineering) 11. Provide a letter from the Otay Water District indicating that the subdivision will be provided with adequate water service and long term water storage facilities. (Engineering, Planning) 12. Design and construct all street intersections that are at or near horizontal and vertical curves to meet the sight distance requirements prescribed in the City standards. (Engineering) 13. Provide minimum 5-foot wide bicycle lanes on the following streets: a. Oak Springs Drive - from Hunte Parkway to Street "A." b. King Creek Way -frocn Hunte Parkway to Street "BB" / Street "CC." c. Clubhouse Drive - from Hunte Parkway to easterly terminus at Street "B." (Engineering) 14. 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) 15. Notify the City at least sixty days prior to City Council consideration of the affected Final Map, if off-site right-of-way cannot be obtained as required above (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition). After said notification and prior to the approval of the affected Final Map, the developer shall: a. Pay the full cost of acquiring off-site right-of-way or easements required by the Tentative Map conditions of approval. b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. The amount of the deposit is subject to the approval of the City Engineer. c. Prepare and submit all easement and/or right*of-way documents, plats and appraisals necessary to commence condemnation proceedings. Resolution 19447 Page 12 If the developer so requests, the City may use its I~ower of eminent domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the tentative map. The developer shall pay all costs, both direct and indirect incurred in said acquisition. If the City does not acquire or commence proceedings for immediate possession of the property within the 120-day time linqitation specified in Section 66462.5 of the State Subdivision Map Act, the condition to construct the related off-site improvements, which fall under the purview of the above mentioned Section of the Subdivision Map Act, is waived. (Engineering) 16. Construct a temporary turnaround or street improvements, as determined necessary by the City Engineer and Fire Marshal, at the end of temporarily stubbed streets greater than 150-feet. in length (as measured from the nearest centerline intersection). (Engineering) 17. Provide an interim eastbound deceleration lane along Otay Lakes Road for the entrance to park site (P-3) concurrent with the completion of P-3 if the ultimate south half street improvements for Otay Lakes Road are not completed at that time. (Engineering, Planning) 18. Provide interim traffic control devices, as required by the City Engineer, to detour pedestrian traffic to the nearest street crossing if a signalized pedestrian crossing is not available when the greenbelt trail is completed and connected to Otay Lakes Road and Olympic Parkway. (Engineering, Planning) 19. Design and construct, to the satisfaction of the City Engineer, the existing street center lines, travel lanes, striping and curb lines of North Greensview Drive, South Greensview Drive and Clubhouse Drive within Eastlake Greens to align with King Creek Way, Oak Springs Drive and the extension of Clubhouse Drive within the Eastlake Trails subdivision, respectively. (Engineering) 20. Design and construct the lane reduction transitions along Clubhouse Drive, King Creek Way and Oak Springs Drive within Eastlake Trails to the satisfaction of the City Engineer. (Engineering) 21. Install, to the satisfaction of the City Engineer, street lights on traffic signal poles at the intersections of Hunte Parkway with Clubhouse Drive, King Creek Way and Oak Springs Drive. If traffic signals are not required at these intersections, install standard street lighting fixtures. (Engineering) 22. Design and construct underground traffic signal equipment and traffic signal standards at the locations determined by the City Engineer. (Engineering) GRADING AND DRAINAGE 23. Submit hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. ;(Engineering) Resolution 19447 Page 13 24. Accomplish storm drain design on the basis of the requirements of the Subdivision Manual and the Grading Ordinance ( #1797 as amended). (Engineering) 25. Provide graded access to all storm drain clean outs or as otherwise approved by the City Engineer. (Engineering) 26. Design the storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. (Engineering) 27. Designate on the plans as private, to the point of connection with the public system, all storm drain systems that collect water from private property. (Engineering) 28. Design and construct storm drain cleanouts to not be located on slopes or in inaccessible areas for maintenance equipment. (Engineering) 29. Designate as private and maintain by a Home Owner's Association the storm drain between lots 117 and 118 in neighborhood TN-3. Include in the CC&R's conditions and restrictions to assure proper maintenance, (Engineering) 30. Design and construct all public storm drains as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. (Engineering) 31. Designate as private and maintain by a Home Owner's Association all storm drain clean outs carrying private property water and determined by the City to be in areas inaccessible for maintenance equipment. Include in the CC&R's conditions and restrictions to assure proper maintenance. (Engz>Teermg) 32. Design and construct brow ditches to not flow over a slope greater than ten-feet in height and steeper than a 3:1. Drainage shall be collected in an inlet and carried to the bottom of the slope in an underground storm drain. (Engineering) 33. Provide runoff detention facilities or demonstrate the adequacy of existing detention facilities, to be approved by the City Engineer, to assure that the maximum allowable discharges after development do not exceed pre-development discharges. The developer also needs to provide for the future maintenance of the facilities via the landscaping maintenance district. (Engineen>2g) 34. Design and construct local storm drain system to prevent discharge into the proposed private park lake (lot P-2). (Engineering) 35. Provide energy dissipators at all storm drain outlets as required by the City Engineer to maintain non-erosive flow velocities. (Engz~eering) 36. Request, if necessary, that the Federal Ernergency Managernent Agency (FEMA) revise the effective Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report for the area influenced by the Eastlake Trails project. A revision may be warranted for the project area due to improvements to Salt Creek and the possibility of proposed residential units for the project currently being shown within a flood zone. (Engineering) Resolution 19447 Page 14 37. Design and construct the improved access extending easterly from lot P-2 to the easterly subdivision boundary so that access is not impeded for pedestrians and vehicles due to upstream runoff. Potential solutions may include a bridge over the creek or an adequately sized drainage pipe under the improved access or any other solution satisfactory to the City Engineer. (Engineering) 38. Submit to and obtain approval from the City Engineer and Director of Planning and Building for an erosion and sedimentation control plan as part of grading plans. (Engineering, Planning) 39. Submit a detailed mitigation plan, prior to issuance of grading permits, for the creation and enhancement of riparian vegetation within the Salt Creek Corridor. The plan will be subject to approval by the Director of Planning and Building. The mitigation plan shall include cornponents addressing performance standards, maintenance requirements (e.g. pest control, weeding, and plant replacement), monitoring and report preparation. The wetland mitigation area shall be maintained in accordance with the Wetland Mitigation Plan. (Plannz7~g/Environmenta/) 40. Provide a mininqum of three-feet of flat ground access area from the face of any wall to the beginning of the slope rounding for wall naaintenance, unless as otherwise approved by the City Engineer. (Engineering) 41. 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, Planning) 42. Design and construct all grading and pad elevations to be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Director of Planning and Building. (Engineering, Planning) 43. Obtain notarized letters of permission for all off-site grading work prior to issuance of grading permit for work requiring said off-site grading. (Engineen77g) 44. Submit a list of proposed lots, prior to approval of the corresponding Final Map, indicating whether the structure will be located on fill, cut, or a transition between the two situations prior to approval of the first Final Map. (Engineering) 45. Design and construct the inclination of each cut or fill surface resulting in a slope to not be steeper than 2:1 ( two horizontal to one vertical) except for minor slopes as herein defined. All constructed minor slopes shall be designed for proper stability considering both geological and soil properties. A minor slope may be constructed no steeper than one and one-half horizontal to one vertical (1.5:1) contingent upon: a. Submission of reports by both a soils engineer and a certified engineering geologist containing the results of surface and subsurface exploration and analysis. These results should be sufficient for the soils engineer and engineering geologist to certify that in their professional opinion, the underlying bedrock and soil supporting the slope have strength characteristics sufficient to provide a stable slope and will not pose a danger to persons or property; and Resolution 19447 Page 15 b. The installation of an approved special slope planting program and irrigation system; and c. A "Minor Slope" is defined as a slope four (4) feet or less in vertical dimension in either cut or fill, between single family lots and not parallel to any roadway. (Engineering) 46. Enter into an agreement with the City wherein the City is held harmless from any liability from erosion, siltation or increase in flow of drainage resulting from this project. (Engineering, Planning) SEWER 47. Design all sewer access points (manholes) to be ~ocated at street centerline or at the center of a travel lane or as otherwise approved by the City Engineer. (Engineering) 48. Provide a sewer profile study for all deep "Local" and "Trunk" sewer lines (15-feet in depth or greater) which indicates that no other feasible alternative exists except for deep sewer lines. If the profile study is approved by the City Engineer, the deep sewer lines will be permitted for construction. (Engz~eering) 49. 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-feet in depth, C900 P.V.C. shall be used from manhole to manhole. (Engineering) 50. Submit a letter of credit, prior to recordation of the subdivision Final Map for said lot, for all sanitary sewer facilities required for development of any lot subject to Telegraph Canyon Sewer Pumped Flows DIF. (Engineering) 51. Pay in full, prior to recordation of the subdivision Final Map for said lot, all sanitary sewer facilities required for development of any lot subject to Salt Creek Sewer Basin DIF. (Engineering) 52. Provide improved access to all sewer manholes to withstand H-20 wheel load or other loading as approved by the City Engineer. (Engineering) 53. Design and construct sewer access points to not be located on slopes or in inaccessible areas for maintenance equipment. (Eng~72eering) 54. Provide sewer manholes at all changes of alignrnent of grade. Sewers serving ten or less equivalent dwelling units shall have a minimum grade of 1 percent. (Engineering) 55. 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. (Engineering) 56. Provide for the costs associated with the maintenance and the potential upgrading of the sewer pump station located at 2660 Otay Lakes Road in accordance with the agreement between the City, Pacific Bay Homes arid The Eastlake Company, dated January 20, 1998. (Engineering) Resolution 19447 Page 16 AGREEMENTS 57. Agree that the City may withhold building permits for the subject subdivision if any one of the following occur: a. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan, as amended from tirne to time, have been reached. b. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance and Growth Management Program c. The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been cornpleted 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 Director of Planning and Building and Director of Public Works. (Engineering, Planning) 58. Agree to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers, or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. (Engineedng, Planning) 59. Agree to ensure that all franchised cable television companies ("Cable Company'") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and rernain 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. (Engineering, Planning) 60. Developer agrees to not protest formation of a district for the maintenance of the drainage channel in Salt Creek or for the maintenance of landscaped medians, open space, and parkways along streets within and adjacent to the subdivision. (Engineering, Planning) 61. Agree to reserve lot S-1 (school site) for school purposes to be offered for dedication in fee to the Chula Vista Elementary School District, in accordance with a schedule as indicated in a Mello Roos community purpose facility district, as approved by the school district, which shall be established to the satisfaction of the District. (Planning) 62. Agree to provide noise study prior to issuance of the Initial Phase first building permit to identify noise impacts generated by surrounding streets and determine the necessary mitigation measures to insure that all dwelling units will be design and constructed to Resolution 19447 Page 17 preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA. The developer shall implement all mitigation measures recommended in the noise study to reduce noise impacts. (Planning) 63. Agree to participate in a regional or sub-regional multi-species coastal sage scrub conservation plan prior to approval of the Initial Phase first Final Map. (Planning) 64. Enter into an agreement with the City to provide affordable housing units as specified in the adopted Eastlake Comprehensive Affordable Housing Program prior to approval of the first Final Map. (Community Development) OPEN SPACE/ASSESSMENTS 65. Grant Irrevocable Offers of Dedication (IOD) on the Final Map for Open Space lots within the subdivision. (Engineering) 66. Either a Home Owner's Association (HOA) or a Community Facilities District shall maintain street medians and environmental open space lots. If the formation of a Community Facilities District (CFD) is selected for the maintenance of street medians and/or environmental open space lots (OS-1), Developer shall request that the City form a Community Facilities District, prior to approval of the first Final Map of the Initial phase, and submit an application packet for the formation of said The Packet shall include, but is not limited to, associated diagrams, cost estimate, description of work and a deposit in the amount determined by the City Engineer at the time of submittal for processing the formation of the Community Facilities District. If the HOA is formed to provide maintenance to the environmental lot 0S-1 and other lots, structure the HOA maintenance program, including maintenance crew qualifications and other contractual arrangements to the satisfaction of the Director of Planning and Building. (Engineering, Planning) 67. Pay for all costs associated with the preparation of an Engineer's Report and establishment of a Community Facilities District / Open Space Maintenance District for the maintenance of all open spaces which will not be maintained by private property owners or a Home Owner's Association. (Engineering, Planning) 68. Provide a plan for the City's approval that includes the acreage, landscaping code for each open space area, the proposed means of nqaintaining the area and the cost per year for the perpetual maintenance of maintaining improvements within CFD maintained open space lots. (Engineering, Planning) 69. Conform to the design elements of the City's Landscape Manual for all landscaping which falls within the maintenance responsibility of the Community Facilities District. (Engineering, Planning) 70. Establish a Home Owner's Association (HOA) to provide for the perpetual maintenance of, but not limited to, private open space lots, slope areas, landscape and irrigation , including perimeter wall within open space lots, public street improvements and medians and parkways on Clubhouse Drive, King Creek Way and Oak Springs Drive prior to the approval of the associated Final Map. (Engineering, Planning) Resolution 19447 Page 18 71. Maintain all decomposed granite (D.G.) walkways by a Home Owner's Association or CFD. All proposed decomposed granite (D.G.) walkways including, but not limited to, the walkways proposed along the north side of Clubhouse Drive and north of Olympic Parkway, shall not have vertical obstacles and obstructions such as public utility vaults, boxes, etc. constructed within them. (Engineering, Planning) 72. Provide proof to the satisfaction of the City Engineer and Director of Planning and Building that all improvements located on open space lots will be incorporated into and maintained by a Home Owner's Association or a CFD. The final determination of which open space areas/improvements to be included in the Community Facilities District and those to be maintained by a Home 0wner's Association shall be made during the CFD formation proceedings. (Eng/Y~eering, Planning) 73. Enter into a maintenance agreement and grant easernents as necessary for landscaping maintained by a Horne Owoer's Association within City right-of-way or such other areas required by the City. (Engineering, Planning) 74. Avoid installation of privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of the installation of sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: a. The developer enters into an agreement with the City where the developer agrees to the following: 1. Apply for an encroachment permit for installation of the private facilities within the public right-of-way. 2. Maintain membership in an advance notice such as the USA Dig Alert Service. 3. Mark out any private facilities owned by the developer whenever work is perfornaed in the area. 4. The terms of this agreement shall be binding upon the successors and assigns of the developer. b. Shutoff devices as deterrnined by the City Engineer are provided at those locations where private facilities traverse public streets. (Engineering, Planning) 75. Pay all costs associated with apportionment of assessments for all City assessment districts as a result of subdivision of lands within the boundary prior to approval of the each Final Map. Submit an apportionment form and provide a deposit as determined by and to the City to cover costs. (Engineering) 76. Prepare a disclosure forrn to be signed by the hocne buyer acknowledging that additional fees have been paid into the Assessment District or the Transportation DIF Fund, and that these additional fees are reflected in the purchase price of the home for those units, should the development have a density change from that indicated in the Assessment District Engineer's Report. (Engineering) Resolution 19447 Page 19 77. Submit all Special Tax and Assessment disclosure forms for each model size or EDU for the approval of the City Engineer. (Engineering) 78. Comply with the terms and conditions of the Acquisition/Financing Agreement for Assessment District 94-1, CO 94-064, approved by Council Resolution 17483 as said terms and conditions may be applicable to this development. (Engineering) 79. Design and construct all of the utilities that service open space within the limits of the open space or dedicated City right-of-way. (Engineering). 80. Agree that walls which are located within open space shall have owners of adjoining lots sign a statement when purchasing their homes that they are aware that the wall is on Open Space property and that they may not modify or supplement the wall or encroach onto Open Space property. These restrictions shall be reflected in the project CC&R's, and a copy of said restrictions shall be provided to the City for its approval. (Engineering, Planning) 81. Prior to the issuance of the 50th building permit for the Project, enter into the City's standard three party Agreement with the City of Chula Vista and a landscape architecture consulting firm for the preparation and processing of the Project's Community Park Master Plan (P-1 & P-3.). (Planning) 82. Prior to the issuance of the 350th building permit for the Project, prepare, submit and obtain the approval from the Director of Planning and Building for the Project's Community Park Master Plan (P-1 and P-3.) The Community Park Master Plan shall include facilities and amenities prescribed in the forthcoming City*wide Parks Master Plan as adopted by City Council. In the event that the forthcoming City-wide Parks Master Plan is not adopted before the community park design begins, the Director of Planning and Building shall deternqine the appropriate park facilities for the community park. (Planning) 83. Design, construct and dedicate park facilities as prescribed in the following park development phasing program: a. Obtain the necessary City approvals and complete park master plan construction documents prior to approval of the 600th building permit b, Select contractors, as approved by the Director of Planning and Building, and begin grading and construction of the community park, including all facilities and amenities, prior to the issuance of the 650th building permit. c. All improvements to the community parl<, as defined by the Approved construction documents, shall be completed to the satisfaction and approval of the Director of Planning and Building prior to the issuance of the 780th building permit, d. Provide maintenance of the cornpleted community park for a period of one-year from the completion of the park to acceptance of the facility by the City. ......... I · 'T Resolution 19,~47 Page 20 e. Final alignment, design (including signs), width and construction specifications for the greenbelt trail along the east edge of the Salt Creek open space corridor shall be approved by the Planning and Building Director in conjunction with and subject to the development phasing of the overall community park design. f. The Director of Planning and Building may, at his discretion, delay the park development phasing and construction sequence should conditions change to warrant such delay. If, in the opinion of the City, delay is caused by the City, the Developer may be allowed to delay construction of the park. (Planning) 84. Prior to approval of the first Final Map of the Initial phase, prepare, submit and obtain approval from the Design Review Committee for the private park (P-2) design and complete construction prior to issuance of the 150th building permit. (Planning/Parks) 85. Prepare, submit and obtain the approval of the Director of Planning and Building for a comprehensive Landscape Master Plan for the Project. (Planning/Parks) 86. Prepare, submit and obtain approval by the Director of Planning and Building for detailed landscape and irrigation plans, including water management guidelines in accordance with the Chula Vista Landscape Manual and Section 11.4, Design Guidelines, of the Eastlake Trails SPA for the associated landscaped areas in each Final Map prior to the approval of each Final Map. If Poplus species trees are incorporated in the Eastlake Trails Landscape theme, appropriate installation methods acceptable to the Director of Planning and Building shall be prescribed in the landscape improvement plans. (Planning/Parks) 87. Construct pedestrian wall<way connections between streets to the satisfaction of the Director of Planning and Building at the following locations: a. From the cul-de-sac ends on Streets "GG" and "HH" through open space lot C to Clubhouse drive. b. From the cul-de-sac ends on Streets "K" and "J" through open space lot F to Clubhouse drive. c. From street "MM" through open space lot E to Street "LL." Approval shall be documented prior to the approval of the corresponding Final Maps. (Planning) 88. Include in the Grading plans for the Project's Community Park an inventory of all existing trees to be retained and those to be removed prior to issuance of grading permits involving the community palk site. Final decision as to which trees are to be retained and which are to be removed shall be made by the Director of Planning and Building, and in conjunction with the Community Park Master Plan. (Planning) 89. Relocate at Developer's own expense, the necessary above and underground utilities serving individual homes to accommodate the required street trees within the street tree planting easement if deterrnined necessary by the City. (Planning) Resolution 19447 Page 21 90. Pay the land acquisition portion of the PAD fee for the Initial Phase of the Eastlake Trails subdivision, which consists of 626 dwelling units, prior to the recordation of the first final map for the Initial Phase (approximately $1,315,530). Developer also shall pay the Eastlake Ill Development Agreement advance PAD fee of $1,522,000 (Adjusted by ENR index from the effective day of the Agreement to the time of payment) prior to the recordation of the first final map for the Initial Phase. The land acquisition portion of the PAD fee ($1,315,530) shall be decreased so that the sum of the park land acquisition portion of the PAD fee and the advance PAD fee stipulated in the above mentioned Eastlake Ill Development Agreement, does not exceed the total PAD fees required for the number of units in the Initial Phase. However, the applicant may elect to make an irrevocable offer to dedicate the community park parcels P-1 and P-3 as depicted in the tentative map, Chula Vista Tract 99-03, in lieu of the above park land acquisition fee stipulated above. (Planning). EASEMENTS 91. Grant on the corresponding Final Map minimum 15-foot wide easements to the City of Chula Vista, as required by the City Engineer, for construction and maintenance of sewer facilities. (Engineering) 92. Grant on the corresponding Final Map minimum 15-foot wide easements to the City of Chula Vista, as required by the City Engineer, for construction and maintenance of storm drain facilities. (Engineering) 93. Grant on the corresponding Final Map 10-foot wide general utility easements, as required by the City Engineer, along street right-of-way adjacent to open space lots. (Engineering) 94. Grant easements for all off-site public storm drains and sewer facilities prior to approval of any Final Map requiring those facilities. The easements shall be the size as required by City standards unless otherwise approved. (Engineering) 95. Grant 20-foot landscape buffer easements adjacent to Otay Lakes Road and Olympic Parkway. (Engineering) 96. Grant to the City on the corresponding Final Map easements along all public streets within the subdivision as shown on the tentative map and in accordance with City standards unless otherwise approved by the City Engineer and the Director of Planning and Building. (Engineering. Planning) 97. Dedicate for public use all the streets shown on the subject tentative map within the subdivision boundary, except private streets. (Engineering) 98. Grant to the City a drainage and access easement, as determined by the City Engineer, across the proposed private access that connects lot P-2 (Private Park) to the easterly subdivision boundary. (Engineering) Resolution 19447 Page 22 MISCELLANEOUS 99. A summary of City responses to each of applicants waiver requests from City standards is contained within the following Table I, which includes the "Approved" or "Not Approved" status of each waiver. The surnmary descriptions for each waiver within Table I are brief and the approved Tentative Map should be consulted for more complete descriptions of the waiver requests. TABLE h TENTATIVE MAP WAIVERS WAIVER BRIEF DESCRIPTION STATUS COMMENTS NO. 200' to 126'. 2 Construct a 2% superelevation on Street "MM" with a 45' *Approved None width R.O.W., a 28' curb to curb width and design as oae way. 3 Decrease the minimum R.O.W. width ~ln Street 'GG" and On-street parking will Courts "D" and "E" from 56' tn 52'. only be allowed on one Engineer. 4 Decrease the rninimurt/curbline radius from 40' to 36' for *Approved None cuhde-sacs 150' in leng h ur Jess 5a Increase the required 5.5' wide "Landsnape Easement" on Approved None Clubhouse Drive to 22' ,~ width. 5b Delete 5.5' "Landscape Easement" for Street "B" from Approved None approximately Street "CC" to Street "G" nn the gide lower than the pads: TS2 - Lots 6, 45; TS3 - Lots 7, 9, 41,44,53,75,76,97, 107,121,130, 146, 153, t54; TS4 - Lots 35, 49; TS5 Lots 1, 7, 8, 14, 22, 23, 30, 37, 38, 69, 70, 89, 90, 96; TS6 - Lots 6, 47, 71 TN3-Lots21, 29, 55, 56, 58, 80, 93, 101, 1t3 6 Less than Standard 35' Lot Frontage for: TS-5: Lots 1, 7, Approved None 8, 14, 15, 23, 37, 38.52, 62, 64, 65, 70, 77, 80, 81, 82, 89, 90, 96, 97 and 103; TS-6: Lots 6, 10 and 11. Resolution 19447 Page 23 8b 8' meandering D.G. walkways on N. side of Clubhouse Dr. Approved None and E. side of "B" / "BB" Streets and 10' meandering D.G. Walkway on N. Side of Olympic Parkway. 9 Medians on Clubhouse Dr,, King Creek Way and Oak Approved None Springs Dr. 10 Street intersections within horiznntal curves or within 100' "Approved None tangents of horizonta~ curves. 11 Sewer Laterals Deeper Than 15' in Depth. Not May be approved by Approved City Engineer at the time that improvement plans are submitted for approval 12 Slope Rounding and Bench Per Detail on Tentative Map and Approved None 3' Bench with No Slope Rounding at Slopes Nnrth of Oak Spriogs Dr. and North of Olympic Parkway. 13 Maximum height from top of wood fence ta top of wail Approved None footing is 8.5' if on property line. If greater than 8,5', a 4' separation between wood fence and wall is required. The following lots are exceptions: TS2-10, TS3 121, TS6-5 and 46. * The City's approval of the waiver request is contingent upon submittal of a letter from applicants Engineer-of-Work explaining that, in their professional opinion, no public safety issues will be compromised. (Engineering, Planning) 100. Submit "as-built" improvement and grading plans as required by the City Subdivision Manual. Additionally, provide the City said plans in a digital D.X.F. file format. (Engineering) 101. Submit a copy of each subdivision in a digital D.X.F. file format prior to approval of its associated Final Map or as requested by the City Engineer. The digital file shall be based on accurate coordinate geometry calculations and the NAP 83 State Plane Coordinate System. The digital file shall specifically include each of the following items in a separate drawing layer: a. Lot Boundaries, b. Lot Numbers, c. Subdivision Boundary, d. Right-of-Way, e. Street Centerlines, and f. Approved Street Names. Submit the digital file in accordance with City Guidelines for Digital Submittal on 372" disks or as otherwise approved by the City Engineer. In addition, submit as-built grading and improvement plans in a digital D.X.F. file format. Provide security to guarantee the ultimate submittal of grading and improvement digital files. Update electronic files after any construction pen and ink changes to the grading or improvement plans and resubmit to the City, (Engineering) · T Resolution 19447 Page 24 102. Amend the Eastlake Trails Public Facilities Financing Plan (PFFP) prior to approval of the first final map of the Renaaining phase to reflect the revised construction schedule for all off-site street improvements, including among other necessary revisions, but not limited to, the segment of Olympic Parkway frorn SR-125 to Hunte Parkway. (Planning] 103. Tie the boundary of the subdivision to the California System - Zone VI (1983). (Engineering) 104. Include in the H.O.A. CC&R's that the maintenance of all public facilities and improvements within open space areas and R.O.W. are managed by Home Owner's Association if, in fact, the H.O.A. has such responsibility. Submit to and gain approval of said CC&R's by the Director of Planning prior to approval of the associated Final Map. (Planning) 105. Include in the Declaration of Covenants, conditions and restricting provisions assuring maintenance of private facilities including the private streets, sewer and drainage systems the maintenance of all public facilities and improvements within open space areas and R.O.W. Name the City of Chula Vista as party to said Declarations authorizing the City to enforce the terms and conditions in the Declarations in the same manner as any owner within the subdivision. (Engineering, Planning) 106. Future property owners shall be notified during escrow by a document to be initialized by the owners, and approved by the City Engineer and Director of Planning and Building of the maintenance responsibility of the H.O,A. and their estimated annual cost. (Engineering, Planning) 107. Submit and obtain approval by the Director of Planning and Building and City Engineer the Proposed CC&R's for the subdivision prior to approval of the corresponding Final Map. (Engineering, Plannk?g) 108. Modify the Eastlake Trails Water Conservation Plan to incorporate all new water conservation policies adopted by the City Council. Comply and remain in compliance with said policies. (Planning) 109. The installation of transit facilities along Hunte Parkway shall be concurrent with transit service availability. Since this may not coincide with project development, the Developer shall deposit cash in the amount of eight thousand Dollars per shelter (3 shelters) required by the City's Transit Coordinator. Exact location, bus shelter design, lighting, etc. shall be reviewed and approved by the Director of Public Works prior to bus shelter installation. IEng/neering/Transit Coordinato~ 110. Prior to approval of the first Final Map in the Eastlake Trails, submit the necessary Planning application to incorporate the Eastlake Comprehensive Affordable Housing Program and Eastlake Community Purpose Facilities Master Plan, as adopted by City Council Resolution 19275 in the Eastlake III General Development Plan and SPA. (Planning) Resolution 19447 Page 25 111. The Developer agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) if the required public facilities, as identified in the PFFP or as amended or otherwise conditioned, have not been completed or constructed to satisfaction of the Director of Planning and Building and City Engineer. The property owner may propose changes in the timing and sequencing of the development and the construction of improvements affected. In such cases, the PFFP may I~e amended as approved by the Director of Planning and Building. (Engineering, Planning) 112. Provide the City with a copy of the disclosure to homeowners of cost associated with Mello-Roos assessment and open space districts as require by Ordinance 2275, prior to approval of the first Final Map. (Planning) 113. Submit and obtain Design Review approval for neighborhoods TS-4, TS-5, and TS-6 prior to approval of the Final Map containing these neighl~orhoods. The following minimum lot dimension and lot area are established for these neighborhoods. Minor deviations may be made during the Design Review process provided the minimum standards are maintained as an average: TS-4 TS 5 TS-6 Min. lot width: 50 ft. 45 ft. Min. lot depth: 90 ft. 90 ft 55 Min. lot area 4,500 sq. fT. 3,150 sq. ft. 2,750 sq. ft. CuFde-sac lot 35 ft 35 fT. N/A width (Planning) 114. Contract with the City's current street sweeping franchisee, or other server approved by the Director of Public Works to provide street sweeping for each phase of development on a frequency and level of service comparable to that provided for similar areas of the City. The developer shall cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or sixty days after completion of all punch list items, whichever is shorter. The developer shall also 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. (Engineering/Conservation CoordinatoH 115. Provide the Initial Cycle of fire management/brush clearance within lots adjacent to natural open space areas subject to approval by the Fire Marshal and Director of Planning and Building. (Fire) 116, Install fire hydrants every 500-feet for single family residential units and every 300 ft. for multi-family residential units. Install and make operable the hydrants and 20-foot fire access roads prior to delivery of combustible building materials. (Fire) Resolution 19447 Page 26 117. Submit to the Planning and Building, and Engineering Departments service availability letter from the Otay Water District prior to approval of each Final Map. (Planning, Engineering) 118. Install potable and recycled water infrastructure improvements as prescribed in the Eastlake Trails Sub- area Water Master Plan prepared by John Powell and Associates, September, 1998, including but not limited to the following improvements: a. Provide a letter from OWD confirming that upon completion of the potable and recycled water infrastructure facilities, the Developer shall dedicate the improvements to the Otay Water District. b. Extend the existing potable and recycled water mains in Hunte Parkway south to Olympic Parkway, and construct mains in Olympic Parkway from Hunte parkway to the Olympic Training Center. c. Remove the temporary 12" pipeline that crosses the Eastlake Trails project after the water lines prescribed in the Sub-area Water Master Plan are installed. (Engineering) 119. Prepare and obtain approval by the Director of Planning and Building for a detailed mitigation plan for the creation and enhancement of riparian vegetation within the Salt Creek Corridor. The mitigation plan shall include components addressing performance standards, maintenance requirements (e.g. pest control, weeding and plant replacement) , monitoring and report preparation, perimeter fencing, signage and a sales disclosure document advising home buyers that OS-1 is a protected environmental preserve lot. (P/arming) 120. Obtain State Department of Fish & Game ( 1603 Stream bed Alteration Agreement) and Federal (Section 404 Clean Water Act) permits prior to approval of grading permit for the Initial Phase. (P/annmg/Enw~onmenta/) CODE REQUIREMENTS 121. 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. (Engineering, Planning) 122. Underground all utilities within the subdivision in accordance with Municipal Code requirements. (Engineering) 123. Pay all applicable fees in accordance with the City Code and Council Policy, including, but not limited to, the following: Resolution 19447 Page 27 Prior to issuance of the first building permit: The Transportation and Public Facilities Development Impact Fees. a. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. SR-125 impact fee. e, Telegraph Canyon Pump Sewer Fee. f. Salt Creek Sewer Basin Fee. (Planning, Parks & Engineering) 124. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstration said compliance as required by the City Engineer. (Engineering, Planning) 125. Design all dwelling units to preclude interior noise levels over 45 dBA and shield all exterior private open space to lirnit noise exposure to 65 dBA. (Planning) 126. 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.) pernait 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 polIution control measures and shall identify funding mechanisms for post construction control measures. (Engineering) IX. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over tirne, if any of such conditions fail to be so implemented and maintained according to their tereqs, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. Resolution 19447 Page 28 X. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provision, or conditions are determined by a Court of competent jurisdiction top be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. It is in the public's interest for City to require Eastlake to indemnify the city against the adverse risks and costs of a challenge to City's actions in preparing and approving an addendure to EIR 97-04 and approving the Tentative Subdivision Map for Eastlake Trails, Chula Vista Tract 99-03 and related discretionary approvals, if any; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve an Agreement for Indenanjfication and Covenants for Actions Taken by City related to Eastlake Trails, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City. Presented by Approved as to form by Robert A. Leiter John Planning and Building Director CipF/Attorney L/' Resolution 19447 Page 29 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 4th day of May, 1999, by the following vote: AYES: Councilmembers: Davis, Moot, Padilia, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19447 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 4th day of May, 1999. Executed this 4th day of May, 1999. Susan Bigelow, City Clerk