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HomeMy WebLinkAboutPlanning Comm Rpts./1998/11/11 AGENDA CITY PLANNING COMMISSION Chula Vista, California 7:00 p.m. Wednesdav. November 11. 1998 Council Chambers Public Services Building 276 Fourth Avenue. Chula Vista CALL TO ORDER ROLL CALL/MOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE INTRODUCTORY REMARKS ORAL COMMUNICATIONS Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commission's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. 1. PUBLIC HEARING: PCS-99-01; Consideration of a Tentative Subdivision Map known as EastLake South Greens, Unit 18, Chula Vista Tract 99-01, involving 52 single-family and two open space lots on 9.86 acres located on the northwest corner of Hunte Parkway and South Greensview Drive - The EastLake Company 2. REPORT: Consideration of the Final Subsequent Environmental Impact Report (EIR- 97-04), California Environmental Quality Act (CEQA) Findings of Fact, Statement of Overriding Considerations and Mitigation Monitoring Program for the EastLake Trails/Greens Replanning Program 3. PUBLIC HEARING: Consideration of the following applications filed by The EastLake Company involving three separate parcels in the EastLake Planned Community with a combined total of 455 acres: a. GPA-97-03; Amendments to the Chula Vista General Plan, changing the land use designation of 15 acres at the southeast corner of Hunte Parkway and Otay Lakes Road from Commercial to Low Medium Density Residential (3-6 du's/ac), and rearranging the EastLake Trails Park and Public Quasi-public land use designations (-more-) -2- b. PCM-97-09; Amendments to the EastLake II General Development Plan, EastLake Greens Sectional Planning Area (SPA) plan and associated documents to annex 133.5 acres into the EastLake Planned Community; modify and redistribute the EastLake Trails land uses, deleting the Retail Commercial and Medium High Density Residential designation c. PCM-97-16; Adoption of new SPA and associated regulatory documents, including Planned Community District Regulations, Design Guidelines, Public Facilities Financing Plan, Air Quality Improvement Plan, Water Conservation Plan and Affordable Housing Program for the EastLake Trails 4. PUBLIC HEARING: PCS-99-02; Consideration of a Tentative Subdivision Map for condominium purposes dividing Neighborhood R-46 into 28 residential and one open space lots for a 117 unit multi-family residential development in Otay Ranch Village 5 - Cornerstone Communities 5. PUBLIC HEARING: Conditional Use Permit PCC-99-11; Request to construct and operate an unmanned cellular communications facility located at 428 Broadway - Nextel Communications (to be continued to meeting of December 9, 1998) DIRECTOR'S REPORT: COMMISSIONER COMMENTS: ADJOURNMENT: p.m. to the regularly scheduled meeting of December 9, 1998 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, Chula Vista COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), requests individuals who may require special accommodations to access, attend, and/or participate in a City meeting, activity, or service to request such accommodation at least forty-eight hours in advance for meetings and five days in advance for scheduled services and activities. Please contact Diana Argas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TDD) (619) 585-5647. California Relay Service is available for the hearing impaired. AGll-ll PLANNING COMMISSION AGENDA STATEMENT Item -----1- Meeting Date 11/11/98 ITEM TITLE: Public Hearing: PCS-99-01; Consideration of a Tentative Subdivision Map known as Eastlake South Greens, Unit 18, Chula Vista Tract 99-01, involving 52 single-family and two open space lots on 9.86 acres located on the northwest corner of Hunte Parkway and South Greensview Drive. The applicant has submitted a tentative subdivision map known as Eastlake South Greens, Unit 18, Chula Vista Tract 99-01, in order to subdivide 9.86 acres into 52 single-family and 2 open space lots (see Figure I). The project site is identified as Parcel R-18 in the Eastlake Greens Sectional Planning Area (SPA) plan which targets the site for 54 dwelling units at a density of 5.5 dwelling units/acre (see Figure 2). The subdivision site is located on the west side of Hunte Parkway, north of South Greensview Drive within the Eastlake Greens planned community (see Locator). The Environmental Review Coordinator has determined that the project falls under the purview of FEIR-86-04(B), and that no further environmental review is necessary. RECOMMENDATION Adopt attached Planning Commission Resolution PCS-99-01 (Attachment 1) recommending approval of the Tentative Subdivision Map Eastlake South Greens Unit 18, Chula Vista Tract 99- 01, in accordance with the findings and subject to the conditions contained in the attached draft City Council Resolution (Attachment 2). DISCUSSION Site Characteristics The project site is an elongated, one-level building pad created as part of the Eastlake Greens mas s grading program. With some minor refinements, the proposed finish grade maintains the existing building pad configuration and elevation. The site terrain slopes north to south 37 feet. The site is limited to the north by single-family detached homes, to the south by South Greensview Drive, to the west by the Eastlake Golf Course, and to the east by Hunte Parkway (see Locator). Page 2, Item 1 Meeting Date 11/11/98 Zonin~ and Land Use Zoning Existing Land Use Community District Zone District Designation Site PC (Planned Community) North PC (Planned Community) South PC (Planned Community) East PC (Planned Community) West PC (Planned Community) Vacant RP-8 - Residential Planned Concept Residential RS-7 - Residential Single Family Open Space OS-4 - Open Space Vacant NI A (Future Eastlake Trails) Golf Course OS-4 - Open Space Proposed Proiect The proposed tentative map consists of subdividing 9.86 acres into 52 single-family lots along a single street, and two open space lots. The project is basically the continuation of the northerly adjacent residential neighborhood, which consists of 40 residential lots along a single street (Indian Creek Drive), originating at Clubhouse Drive. A proposed street between Parcels R-27 and R-18 would provide access to Hunte Parkway from both subdivisions. Indian Creek Drive, which originates at Clubhouse Drive, would be extended south approximately 1,200 feet, ending in an open-ended cul-de-sac. The proposal for subdivision is summarized as follows: Total number of residential lots: 52 Total number of open space lots: 2 Sin~le-Family Lots Minimum dimensions: Average lot dimensions: Minimum lot area: Average lot area: 54 x 80 53 x 101 4,320 square feet 5,505 square feet Open Space Lots Open Space A (1,068 square feet) is a 25 foot wide strip between the eastern edge of the project and Hunte Parkway. Open Space B (51,770 square feet) is an open lot at the end of the cul-de-sac. Page 3, Item 1 Meeting Date 11/11/98 The proposed subdivision is within the RP-8 Residential Planned Concept land use district, which requires that property development standards be established with the site plan and tentative subdivision map process. Property development standards for the construction of individual homes are also subject to site plan approval. Affordable Housinjl The Developer has entered into an agreement with the City to control the deli very of the low and moderate income housing units required by the Housing Element of the General Plan. The Housing Element requires the overall master planned community to provide five percent of the total project units as low income units and five percent moderate income housing units. The Eastlake Greens Planned Community offers a mix of housing types and lot sizes for single- family, townhomes, condominium and various apartment densities to provide a wide spectrum of housing prices for persons of various incomes. Analysis The interior facing subdivision features standard public streets and a 1,200 foot cul-de-sac, with pedestrian walks on both sides and adequate maneuvering area for emergency vehicles. The 1,200 foot cul-de-sac exceeds the City standard for cul-de-sac length by 200 feet. The City Engineering Department and the City Fire Department signed a waiver to allow the additional 200 feet, and the City Planning Division supports this waiver because the cul-de-sac will remain open and allow an easily accessible pedestrian pathway to and from the subdivision. Due to the elongated shape of the lot, a substantial number of rear elevations will be exposed to the westerly adjacent golf course and the easterly adjacent Hunte Parkway, an arterial road. To properly enhance these edges, perimeter fencing, as described in the Eastlake Greens Design Guidelines, as well as landscaping and special architectural treatment on all units exposed to public view, would be required for the project. Overall, the proposed subdivision, as conditioned, is in substantial compliance with the Eastlake II General Development Plan, Eastlake Greens Section Planning Area (SPA) plan, and all applicable regulations and City policies. Conclusion For the reasons noted above, staff recommends approval of the proposed tentative subdivision map, Chula Vista Tract 99-01, in accordance with the attached draft City Council Resolution and Page 4, Item 1 Meeting Date 11/11/98 subject to the conditions contained therein. Attachments 1. Draft Planning Commission Resolution 2. Draft City Council Resolution 3. Figures (or illustrations) 4. Disclosure Statement B:IREPORTSIPC.Ul8 .... -....-.. - ---..--.---------,-.- ~ EASTLAKE COUNTRY CLUB ~ FUTURE EASTLAKE TRAILS~ PROJECT LOCATION CHULA VISTA PLANNING & BUILDING DEPARTMENT LOCATOR PROJECT The Eastlake Company PROJECT DESCRIPTION: C) APPLICANT: Tentative Subdivision Map PROJECT Eastlake Unit 18 Request: Proposal for the subdivision of a 9.8 acre s~e into ADDRESS: 52 residential lots and 2 open space lots. SCALE: FILE NUMBER: NORTH No Scale PCS-99-01 h:lhomelplanning\carlos\locatorslpcs9901.cdr 10/30/98 ATTACHMENT 1 Draft Planning Commission Resolution RESOLUTION NO. PCS 99-01 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE SOUTH GREENS UNIT 18, CHULA VISTA TRACT 99-01, WITHIN THE EASTLAKE GREENS PLANNED COMMUNITY AND PC ZONE DISTRICT WHEREAS, a duly verified application for a tentative subdivision map was filed with the Planning Department of the City ofChula Vista on September 2, 1998 by The EastJake Company ("Developer"); and, WHEREAS, said application requests approval to subdivide 9.86 acres into 52 residential lots and two open space lots ("Project"); and, WHEREAS, the property is located on the west side of Hunte Parkway bordered by South Greensview Drive to the south within the EastJake Greens Planned Community and P-C Zone District; and, WHEREAS, the Environmental Review Coordinator has determined that the project falls under the purview ofFEIR-86-04(B) and that no further environmental review is necessary; and, WHEREAS, the Planning Commission has previously considered FEIR-86-04(B) and, therefore, no further environmental action by the Commission is necessary; and WHEREAS, the Planning Director set the time and place for a hearing on the tentative map and notice of said hearing, together with purpose, was published in a newspaper of general circulation in the city and mailed to property owners and tenants within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m., November II, 1998 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the attached draft City Council Resolution approving the Tentative Subdivision Map for Chula Vista Tract 99-01 in accordance with the findings and subj ect to the conditions contained therein. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 11th day of November, 1998, by the following vote, to- wit: AYES: NOES: ABSENT: Patty Davis, Chair ATTEST: Diana Vargas, Secretary ATTACHMENT 2 Draft City Council Resolution DRAFT RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING CONDITIONS OF THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE SOUTH GREENS UNIT 18, CHULA VISTA TRACT NO 99-01 I. RECITALS A. Project Site WHEREAS, the area ofland commonly known as EastJake South Greens Unit 18 Tentative Subdivision Map, Chula Vista Tract 99-01, which is the subject matter ofthis resolution, is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference; and for purpose of general description herein consists of9.86 acres located on the west side of Hunte Parkway bordered by South Greensview Drive to the south within the EastJake Greens Planned Community and PC zone District ("Project site"); and, B. Project; Application for Discretionary Approval WHEREAS, on September 2, 1998 the EastJake Company ("Developer") filed a tentative subdivision map application with the Planning Department of the City of Chula Vista and requested approval of the Tentative Subdivision Map known as EastJake South Greens Unit 18, Chula Vista Tract 99-01 in order to subdivide the Project site into 52 single-family residential lots and two open space lots ("Project"); and, C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of I) a General Development Plan, EastJake II (EastJake I Expansion) previously approved by City Council Resolution No. 15198 ("GDP") on July 18, 1989; 2) the EastJake Greens Section Planning Area Plan, previously adopted by City Council Resolution No. 15199 (SPA) on July 18,1989; 3) an Air Quality Improvement Plan (Eastlake Greens Air Quality Improvement Plan); 4) a Water Conservation Plan (Eastlake Greens Water Conservation Plan) and Public Facilities Financing Plan (EastJake Greens Public Facilities Financing Plan), all previously approved by the City Council on November 24,1992, by Resolution No. 16898; 5) EastJake Greens Master Tentative Subdivision map, approved by Resolution No. 17618; and 6) FEIR 86-04B; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on said project on November II, 1998 and voted to recommend that the City Council approve the Project based upon the findings and subject to the conditions listed below; and E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing before the City Council of the City ofChula Vista was held on the project on December 15, 1998 to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same. 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 this Project held on November II, 1998, and the minutes and Resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COMPLIANCE WITH CEQA The Environmental Review Coordinator has determined that the Project implements and falls under the purview ofFEIR 86-04(B) and that no further environmental review is necessary. IV. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein for EastJake South Greens Unit 18, Chula Vista Tract No. 99-01 is in conformance with the EastJake II General Development Plan, EastJake Greens Sectional Planning Area Plan and the elements of the City's General Plan based on the following: 1. Land Use The General Development Plan designation is Low/Medium Density Residential (3-6 dulac) and the SPA allows 54 dwelling units at a density of5.5 dulac. The proposed 52 lot subdivision is within the allowable density and permitted number of dwelling units. Therefore, as conditioned, the Project is in substantial compliance with the City's General Plan, Eastlake II General Development Plan (GDP) and Eastlake Greens Section Planning Area (SPA) plan. 2. Circulation All of the 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 Greens Public Facilities Financing Plan and Development Agreement. The public streets within the Project will be designed in accordance with the City design standards and/or requirements and provide for vehicular and pedestrian connections with adjacent streets 3. Housing Resolution No. 15751 adopted by the City Council on August 7, 1990 requires the developer to provide ten percent of the total number of units allowed in the Eastlake Greens Planned Community for low and moderate income households. In July 1995, the City Council approved a program and the applicant entered into an agreement for the provision of affordable housing within the Eastlake Greens Planned Community. The program outlines the required number oflow and moderate income units, the proposed location and the implementation schedule. 4. Conservation The Environmental Impact Report FEIR-86-04(B) addressed the goals and policies ofthe Conservation Element of the General Plan. The development of this site is consistent with these goals and policies. 5. Parks and Recreation, Open Space The Eastlake Greens Section Planning Area (SPA) plan provides public and private parks, trails and open space consistent with City policies. 6. Seismic Safety The proposed subdivision is in confonTIance with the goals and policies ofthe Seismic Element of the General Plan for this 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 proposal meets the City Threshold Standards for emergency services. .,-.-..-..--...-------...--- ~.--._---,--_...__. -~_._---.._-~,. .- 8. Noise Noise mitigation measures included in the Environmental Impact Report FEIR- 86-04(B) adequately address the noise policy of the General Plan. The Project shall be designed so that all dwelling units preclude interior noise levels over 45 dBA and exterior noise exposure to 65 dBA, in accordance with the City's performance standards. 9. Scenic Highway The Project is not adjacent to scenic highways. 10. Bicycle Routes When the street system in the Eastlake Greens planned community was originally considered, appropriate bicycle lanes were included within the community. The private streets within the project are of adequate width to accommodate bicycle travel interior to the site. 11. Public Buildings No public buildings are proposed on the project site. The Project is subject to RCT fees prior to issuance of building permits. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents ofthe City and the available fiscal and environmental resources. C. The configuration, orientation and topography of the site partially allows for the optimum sitting 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 genera] and special conditions set forth below. V. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing Project is hereby conditioned as follows: A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in the Master Tentative Map, Tract No. 88-03, Resolution No. 15200, Chula Vista Tract No. 99-01, and FEIR 86-04(B) Mitigation Measures except as modified by this Resolution. B. Implement Previously Adopted Mitigation Measures Pertaining to the Project Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Environmental Impact Report FEIR 86-04 (B). C. Implement Previously Adopted Conditions of Approval Pertinent to Project Unless otherwise conditioned, developer shall comply with all unfulfilled conditions of approval of the Eastlake Greens Master Tentative Map, Chula Vista Tract 88-03, established by Resolution No. 15200 and approved by Council on July 18, 1989, and shall remain in compliance with and implement the terms, conditions and provisions ofthe Eastlake Greens Sectional Planning Area (SPA) plan, General Development Plan, Planned Community District Regulations, Water Conservation Plan, Air Quality Improvement Plan, Residential Design Guidelines and Public Facilities Financing Plan as amended and as are applicable to the property which is the subject matter of this tentative map, prior to approval of the Final Map or shall have 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, assuring that after approval of the Final Map, the developer shall continue to comply with, remain in compliance with, and implement such plans. D. Implement Public Facilities Financing Plan Developer shall install public facilities in accordance with the Eastlake Greens Public Facilities Financing Plan, as amended or as required by the City Engineer, to met threshold standards adopted by the City ofChula Vista. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. ^~ --,-- -"---~_._._--~- .-----...---.-..---"...-. E. Design Approval The applicant shall develop the lots in accordance with the applicable Eastlake Greens Development Regulations and Design Guidelines. The plans for this residential project shall be submitted for review and obtain approval under the City's design review process prior to submittal for building permits. F. Tentative Subdivision Map Conditions Prior to approval of the first final map, unless otherwise indicated, the Project shall: I. Comply with any and all unfulfilled conditions of approval applicable to the Eastlake South Greens, Chula Vista Tract 88-03, Tentative Map established by Resolution No. 15200 approved by Council on July 18, 1989, and amended by Resolution 17618 on August 16, 1994. 2. Install public facilities in accordance with the Eastlake South Greens, Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the City ofChula Vista. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. STREETS. RIGHTS-OF-WAY AND PUBLIC IMPROVEMENTS 3. Design and construct all street improvements in accordance with Chula Vista Design Standards, Chula Vista Street Standards, and the Chula Vista Subdivision Manual unless otherwise approved by the City Engineer. Submit for approval by the City Engineer improvement plans detailing horizontal and vertical alignment of said streets. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer and water utilities, drainage facilities, street lights, signs, cul-de-sacs, street knuckles and fire hydrants. 4. Guarantee prior to approval of the Pinal Subdivision Map, the construction of public street improvements (streets, sewer, drainage, utilities, etc.) deemed necessary to provide service to the subject subdivision in accordance with City standards. 5. Submit and obtain preliminary approval for proposed street names from the Director of Planning and the City Engineer. Dedicate to public use, the right of way for all streets shown on the Tentative map within the subdivision. 6. Street light locations shall be approved by the City Engineer. 7. Construct five and one half foot (5 1/2 ') sidewalks and construct pedestrian ramps on all walkways to meet or exceed the "Americans with Disabilities Act" standards. 8. Present written verification to the City Engineer from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. 9. 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. 10. All sanitary sewer facilities required for development of any lot subject to Telegraph Canyon Sewer Pumped Flows DIP or Salt Creek Sewer Basin DIP shall be guaranteed prior to recordation of the Subdivision Pinal Map for said lot. GRADING AND DRAINAGE II. 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. 12. Storm drain design shall be accomplished on the basis of the requirements of the Subdivision Manual and the Grading Ordinance (#1797 as amended). 13. Provide improved access to all storm drain clean outs or as approved by the City Engineer. 14. Submit to and obtain approval from the City Engineer for an erosion and sedimentation control plan as part of grading plans. 15. Provide an updated soils report or an addendum to the original document prepared by a registered engineer, as required by the City Engineer. 16. Design the storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. 17. 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. 18. Lot lines shall be located 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. 19. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Planning Director. 20. Prior to approval of Final Subdivision Map, the Developer shall submit a list of proposed lots indicating whether the structure will be located on fill, cut, or a transition between the two situations. 21. The inclination of each cut or fill surface resulting in a slope shall not be steeper than 2: I ( 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: I) contingent upon: a. Submission of reports by both a soils engineer and a certified engineering geologist containing the results of surface and subsurface exploration and analysis. These results should be sufficient for the soils engineer and engineering geologist to certify that in their professional opinion, the underlying bedrock and soil supporting the slope have strength characteristics sufficient to provide a stable slope and will not pose a danger to persons or property, and b. The installation of an approved special slope planting program and irrigation system. c. 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. AGREEMENTS 22. Agree that the City may withhold building permits for the subject subdivision if anyone of the following occur: a. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan 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. c. 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 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 Director and Public Works Director. 23. 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 Councilor 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. 24. Agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 25. 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 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. OPEN SPACE/ASSESSMENTS 26. Grant an Irrevocable Offer of Dedication (IOD), on the Final Map for Open Space Lots A and B within the subdivision. 27. Provide proof to the satisfaction of the City Engineer and Director of Planning that all improvements located on open space lots "A" and "B" will be incorporated into and maintained by the existing Eastlake Homeowners Association. 28. Pay all costs associated with apportionment of assessments for all City assessment districts as a result of subdivision of lands within the boundary. Submit an apportionment form and provide a deposit to the City estimated at $4,050.00 ( $25 per lot X 54 lots X 3 districts) to cover costs. 29. Submit all Special Tax and Assessment disclosure forms for the approval of the City Engineer. 30. Comply with the terms an,d 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. 31. The Developer shall be responsible for street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. The applicant shall provide root control methods where necessary as approved by the Director of Public Works or designee and the Director of Planning or designee. 32. Maintenance of all facilities and improvements within open space areas covered by home owners associations shall be covered by CC&Rs to be submitted and approved by the Engineering Department prior to approval of the associated final map. 33. Prior to the approval of any final map, the Developer shall request in writing that maintenance of all facilities and improvements within the open space area associated with such map shall be the responsibility of the Eastlake Greens Open Space Maintenance District I. 34. All utilities which service open space shall be located within the open space or within dedicated City right-of-way. 35. For walls which are located within the open space maintenance district, owners of adjoining lots shall 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 also be reflected in the CC&Rs for each lot, and a copy of said restrictions shall be provided to the City for its approval. EASEMENTS 36. Grant on the final map a minimum 15' wide easement to the City of Chula Vista for construction and maintenance of sewer facilities within Open Space Lot B. 37. Grant on the final map minimum 15' wide easements to the City of Chula Vista for construction and maintenance of storm drain facilities within Open Space Lot B and Lot 30. 38. Grant to the City a 5.5 foot wide street tree planting and maintenance easement along all public streets within the subdivision. Said easement shall extend from the property line and shall contain no slope steeper than 5: I ( horizontal to vertical ratio). MISCELLANEOUS 39. The Declaration of Covenants, Conditions and Restrictions shall include provisions assuring maintenance of all open space areas as applicable, streets, driveways, drainage and sewage systems which are private. The City of Chula Vista shall be named as party to said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. 40. Submit copies of Final Maps in a digital format such as (DXF) graphic file prior to approval of each Final Map. Provide Computer Aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 5-1/4" HD or 3- 1/2" disks. Submit as-built improvement and grading plans in digital format. Provide security to guarantee the ultimate submittal of improvements and grading digital files. Update electronic files after any construction pen and ink changes to the grading or improvement plans and resubmit to the City. 41. Tie the boundary of the subdivision to the California System - Zone VI (1983). CODE REOUIREMENTS 42. 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. 43. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 44. 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. SR-125 impact fee. e. Telegraph Canyon Pump Sewer Fee. f. Salt Creek Sewer Basin Fee. 45. The developer shall 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. 46. All fire hydrants shall be installed and operable and 20' fire access roads shall be usable prior to delivery of any combustible construction materials. 47. Design all dwelling units to preclude interior noise levels over 45 dBA and shield all exterior private open space to limit noise exposure to 65 dBA. 48. Development of the subdivision shall 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. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. VII. 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 anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert A. Leiter Planning Director John M. Kaheny City Attorney RIRESOLUTIICC-U18.WPD ATTACHMENT 3 Figures (or illustrations) I; I~ ,= !~ !~? ,,~ 1((& I l:CV ~ Ii ;. . ?I!~~~~~~!~~~~~[ ;ai.I:,!:;i:i~7i;I'J1:jl1o;l:rr~I[ !" I~~ ~9B~~~ 'I ~ ~".~~o; ~ i'! ~." . !'~"., ...__",.....i. I ~ ,.. ~ ~:..II=~::J~ ~I ~I "Im~:..:t., '" ~U~~ '" Z W W ~.. ~ := ~= cO: ~c .~ ~I c~ I o , "i"" . ! C I . . ~ ) 1 8 i . . - ~ 8 ...... ~ =CO' ~:I 1/'1_1 wZI fl w . 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"'''' :'::"1:1 <: c OJ- 1:)-' .- - U) - ~ __N -Nt")..U,U).... .5:l t~ (JC)O-N-Nt")..lI1cncncnoooooooo ~ ;;:1 >a..a..ooooc:.c:.c:.c:.c:.ooooooo <: Q.Z o Z " "0 '" OJ .... '" u "'. t":i"3 "0 u . '" M "' '" Li <0:1. !! if - .9' ;j] ]'1 2$ II! U~ 'Ii ~ ~ .! i - i pi ~ .. -I , ;g ~ jH~ : Ii - .. en l ! ~ 0 . :: ~ , \ N gj 8 ...... ~ <ii ~ 13 "' '0 c: \ ; ~ ~ i ~ ! t ~ ! ~ . A 0 N ci: LLJ\I'I J;i , N . ~zh 0 I Q. . . SLLJ u~ , ~LLJb 0 I Q. ~< , , U1(D ~ ~ ,j, -----'--...L.-V- .~ .! ~---S:-.. J, U> V, 000 ATTACHMENT 4 Disclosure Statement TIlE '-. rY OF CHULA VISTA DISCLOSURE :>." TEMENT Yuu arc required 10 file O:i Statement of Di~clo5urc of certain owncr~hip or financial inlcrc..~ts. payments, or campaign contrihuliom., on all matlcry" which wil! requlrc discrclionar)' act inn on the pan of the City Council, Planning Commission, and all olher official hodies. The following Information mu" he disclosed: 1. Li" the names of all persons having a financiallnteresl in the property which is Ihe suhject of Ihe application or the contract, e.g., owner, applic.am. contractor. 5uocontractoT, material supplier. /1([ rA sri-RICE ((J.. at / 2. If any person' identified pursuant 10 (I) above IS a corporation or partnership, list the names of all individuals owning more Ihan 10% of the share, in the corporation or owning any partnership interest in the partnership. J. If any person' identified pursuant 10 (I) above is non-profil organi].ation or a trust. list Ihe names of any person serving as director of the non-profit organiwlion or as trustce or beneficiary or tru"or of the trust. 4. Have you had more Ihan $250 worth of business transacted with any mcmher of Ihc Cily staff, Boards, Commissions, Commiltees, and Council wilhin Ihe pasl Iwelve months? Yes_ No K If yes, please indicate person(s): 5. Please identify each and every person, including any agenls, employees, consul Ian IS, or independent conlraelDrs who you have assigned 10 represent you before the City in this malter, C I V (Cm') J ADJ60 Me' S ~O&fJ?. MATI fj )? C. G. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 10 a Councilmember in the current or preceding elect;on period? Yes_ No--,,- If yes, state which Councilmember(s): . . , (NOTE: M_...ti~~..~~~ v Sig e of conlraetor/applicant Date: g - 2.8- 'I'g William T. Ostrem/The EastLake Co., LLC Print or type name of contractor/applicant \ I . P~5ml iJ" defined as: "AllY illdi~'jdua/. finn, w-parmcrsllip. 1'U/l1I ~'C1llUrc. ~tocJallnll. JOcial club. frarmllJI (Jrcolllzalioll, corporatioll, atale, nus!, reedver, J)"uiicQtc, tiliJ and ally Other coum)', eil)' and cQumr)', dry mUllwpality, dislricl, or other politIcal subdi\'uio1&, or all)' utha group or combillatioll aCli"c as a wliL .. AGENDA ITEM #2: The staff report for Item #2 is located in a white 3- ring binder titled "FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT EIR-97-04, EAST LAKE TRAILS/GREENS REPLANNING PROGRAM". . _,.. _ ..,._..._ _'__"~_'__'____""'_M"_" .._.___ ..__.__ PLANNING COMMISSION AGENDA STATEMENT Item: 2 Meeting Date: 11/11/98 ITEM TITLE: REPORT: Consideration of the Final Subsequent Environmental Impact Report (EIR 97-04), California Environmental Quality Act (CEQA) Findings of Fact, Statement of Overriding Considerations and Mitigation Monitoring Program for the EastLake Trails/Greens Replanning Program RESOLUTION EIR-97-04: Resolution of the Planning Commission of the City of Chula Vista certifYing the Final Subsequent Environmental Impact Report (FSEIR 97-04) for the EastLake Trails/Greens Replanning Program, making certain Findings of Fact; adopting a Statement of Overriding Considerations pursuant to the California Environmental Quality Act; and adopting a Mitigation Monitoring and Reporting Program BACKGROUND: A public hearing on the Draft of this SEIR was held by the Planning Commission on August 26, 1998, closing the hearing and public review period. Staff and the consultant (RECON), with legal assistance from the law firm of Remy, Thomas & Moose, have prepared the Final ErR, CEQA Findings of Fact, Statement of Overriding Considerations and Mitigation Monitoring Program. Attached to this staff report, for your information, is the August 26, 1998 Planning Commission staff report. That staff report contains a detailed discussion of the content of the Draft EIR. This staff report discusses the content of the Final SEIR, primarily, the responses to comments and revisions made to the document as a result of public comment RECOMMENDATION: It is recommended that the Planning Commission adopt Resolution EIR 97-04 certifying the Final ErR, adopt CEQA Findings of Fact, Statement of Overriding Consideration, and the Mitigation Monitoring Program. BOARD/COMMISSION RECOMMENDATIONS: Resource Conservation Commission At their August 17, 1998 meeting, the Resource Conservation Commission (RCC) passed the following motions: H:\HOME\PLANNING\MARIL YN\EASTLAKE\ST AFF-RE\PC-RPT. WPD Page 2, Item 2 Meeting Date: 11/11/98 . A motion was made (Fisher/Marquez) that EIR 97-04 be accepted with the following requirements: a. surveys for sensitive specIes be done so that the EIR is consistent with the Subregional Plan; b. study Salt Creek Wildlife and movement to see the total impacts; c. that the project consider first flush mechanism on drainage system; d. create wetland or pond on-site so that exotic species' biological impact of pond does not affect Salt Creek; e. planting of greens be considered with the flow downstream to Salt Creek natural areas of Otay Ranch as required by City conservation easement. The motion was approved by a vote of 4-0. As a result of the comments made by the RCC, additional biological surveys for sensitive species were performed on the site (see Response 1 on page PR-19). These surveys are discussed in detail in Appendix C of the FSEIR and on page 86 of the FSEIR. These surveys concluded that none of the sensitive species in question were present on the site. Response to Comment #2 on page PR-19 of the Final SEIR confirms that the Draft Subarea Plan does not show a north-south wildlife corridor within the EastLake Trails property. The City's Draft Subarea Plan does show habitat preserve areas/corridor areas east of the EastLake Trails site, along the west side of Lower Otay Reservoir. This corridor connects to the Salt Creek Ranch and provides for more viable wildlife north-south movement. Response to Comment #3 on page PR-19 of the Final SEIR confirms that potential adverse impacts to water quality within the Salt Creek natural drainage course have been addressed in the EIR and that mitigation measures have been incorporated into the project that would avoid adverse impacts to water quality. Response to Comment #4 on page PR-19 addresses exotic plants and animals in the pond adjacent to Salt Creek. At the Tentative Map stage, conditions will be put on the project restricting the use of exotic plants and animals. Response to Comment #5 on page PR-19 pertains to future planting within the Salt Creek corridor. As discussed in the EIR, the City, the California Department of Fish and Game and the U. S. Fish and Wildlife Service will all review the revegetation plan for the Salt Creek corridor to ensure that a viable native habitat is created and that potential indirect adverse impacts off-site to the south are avoided. H:\HOME\PLANNING\MARIL YN\EASTLAKE\ST AFF-RE\PC-RPT. WPD Page 3, Item 2 Meeting Date: 11/11/98 City staff and the Environmental Consultant believe that the Final SEIR contains adequate responses to the comments made by the RCC. The RCC comments with the Final SEIR responses are attached for the Commissions' consideration. DISCUSSION: The purpose of the currently proposed planning program is to incorporate the "Land Swap" parcels into the EastLake II GDP, EastLake Greens SPA and other associated documents; and to replan the land use distribution and adopt a SPA plan, with associated regulatory documents, for the Trails neighborhood. This document is a "Subsequent EIR", which means that it is tiered off previously prepared EIRs. Both EastLake Trails and Greens have been previously addressed in several EIRs, including the original Master EIR for EastLake (EIR 81-3), the Final EIR for EastLake Greens SPA and the EastLake Trails prezone and annexation (EIR 86-4). Although the Trails was addressed in the previous documents, specific impacts for the Trails could not be completely addressed at that time because planning for that portion ofthe project had not progressed to a stage where sufficient detail was available to do a complete impact analysis. Therefore, although many issues have been addressed previously, an SEIR was required for this project for two reasons; one, to determine if the previous environmental review was still accurate in light of the more detailed plans that are now available; and two, in order to make a determination that the information contained in the previous documents was still timely and to the extent that it was not, to update it. Letters of Comment were received on the Draft SEIR from the following agencies and individuals and are included in the Comments/Response section of the Final SEIR: . California Department ofFish and Game . Caltrans . Otay Water District . Chula Vista Elementary School District . San Diego County Archaeological Society . The EastLake Company . City ofChula Vista Department of Public Works Also included are the minutes from the RCC meeting and the Planning Commission public hearing on the Draft SEIR. With the exception of cumulative traffic impacts and cumulative air quality issues, all significant issues have been mitigated to less than significant. H,IHOMEIPLANNINGIMARIL YNIEASTLAKEIST AFF-REIPC-RPT. WPD ~,~....._ ___._.._..______..____"..___~._~ u~_._._._._....._ Page 4, Item 2 Meeting Date: 11/11/98 Findings of the FSEIR: Project level and cumulative impacts were identified and divided into three categories: significant and unmitigable, significant and mitigable to a less-than-significant level and less than significant. All feasible mitigation measures have been incorporated into the project or made conditions of approval. Feasible mitigation measures are those which are capable of being implemented. If they are infeasible, they cannot be implemented. A more detailed analysis of some measures will be required at the tentative map or grading plan level of consideration (i.e. noise). The significant and unmitigable cumulative impacts require a Statement of Overriding Considerations in order to approve the project. The Statement of Overriding Considerations is part of the proposed "Findings of Fact". These conclusions are based on the previous EIRs and the subject FSEIR. Significant and Not Mitigable . Traffic (cumulative) For the years 2000, 2005, 2010 and Buildout significant cumulative impacts are identified for segments ofI-805. The mitigation for these impacts is continued fteeway planning efforts by Caltrans and SANDAG to detennine acceptable mitigation strategies for the regional fteeway system. These impacts are all considered significant cumulative impacts. Freeway improvements are regional in nature and beyond the control of either a single developer or the City. Therefore, impacts to fteeways are considered cumulatively significant and can not be fully mitigated to a level ofless than significant. . Air Quality (cumulative) The proposed project is consistent with the goals and objectives of the Regional Air Quality Strategies; therefore the project does not result in a significant project specific impact. However, the San Diego Air Basin is a non-attainment area, therefore, any incremental increase in pollution is considered a significant cumulative impact. The cumulative impact is a regional impact beyond the control of the project applicant and cannot be mitigated to a level less than significant. Significant Impacts Mitigated to Less- Than-Significant Impacts in the following categories for the EastLake Trails/Greens Replanning Program can be mitigated to a level below significance with the implementation of mitigation measures. . Transportation/Traffic Circulation (cumulative and direct) HolHOMEIPLANNINGIMARlL YNlEASTLAKEIST AFF-REIPC.RPT. WPD Page 5, Item 2 Meeting Date: 11/11/98 . Biological Resources (direct) . HydrologylDrainage ( direct) . Landform AlterationsNisual Quality (direct) . Noise (direct) . Paleontology (direct) . Air Quality (direct short term) . Public Facilities Water facilities Sewer services Schools Police Services Fire Services The impacts in these issue areas have been mitigated to less than significant through various means such as mitigation monitoring, payment of fees and threshold compliance. Impacts Less- Than-Significant Impacts in the following categories were determined to be less than significant. . Land Use (direct and cumulative) . Cultural Resources (direct and cumulative) . Public Facilities Park and Recreation (direct and cumulative) . Air Quality (direct long term) Additional Analysis Contained in the Final SEIR: In response to comments ITom the City Engineer, additional intersection analysis were performed for EastLake Parkway at Otay Lakes Road, Greensgate Drive, and Clubhouse Drive. These analyses were conducted for the Year 2010 and Buildout. Based on the additional analysis, these intersections are calculated to operate at LOS D or better in both the AM and PM peak hours. As such, the potential street segment impact on EastLake Parkway between Otay Lakes Road and Clubhouse Drive is no longer considered significant. The analysis and mitigation measures in the FSEIR have been modified accordingly. CONCLUSION. All feasible mitigation measures with respect to project impacts have been included in the FSEIR. All direct and most cumulative impacts can be mitigated to a level oflevel than significant provided these measures are adopted. However, two cumulative unmitigable impacts remain; air quality and traffic related to 1-805. Both of these issues are regional in nature and beyond the control of either H,\HOMEIPLANNINGIMARIL YNlEASTLAKEIST AFF-REIPC-RPT. WPD Page 6, Item 2 Meeting Date: 11/11/98 the applicant or the City. Therefore, staff has included a Statement of Overriding Considerations in the draft Findings of Fact. There is one direct traffic impact as a result of this project. That impact occurs in Year 20 I 0 at the intersection ofOtay Lakes Road and Lane Avenue. Mitigation measures requiring improvement of the intersection prior to the issuance of the first building permit for the southern "Land Swap" parcel have been included in the SEIR This measure mitigates the impact to less than significant. All other traffic impacts identified in the FSEIR are cumulative. With the exception of cumulative impacts to 1-805, all cumulative traffic impacts will be mitigated to less than significant through the payment of Transportation Development Impact Fees. The City has examined a reasonable range of alternatives to the proposed project, other then the original proposed project as described in the FSEIR. Based on this examination, the City has determined that neither of the alternatives (1) meets the project objectives, and (2) is environmentally preferable to the project. FISCAL IMPACTS: All costs associated with preparation of the environmental documents have been paid by the project applicant. Attachments: L FSEIR 97-04 A Comments and Responses B. Mitigation Monitoring Report Draft Planning Conunission Resolution EIR-97-04 Draft City Council Resolution August 26, 1998 Planning Commission Staff Report . EIR 97-04 2. 3. 4. H,IHOMEIPLANNING\MARIL YNlEASTLAKE\ST AFF-REIPC-RPT. WPD ,,~_.~.__._._'U,' _.___._.._..___._._____...._..,...._.___ _.__ RESOLUTION NO. EIR-97-04 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (FEIR 97-04) FOR THE EASTLAKE TRAILS/GREENS REPLANNlNG PROGRAM; MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; ADOPTING A MITIGATION MONITORING PROGRAM; AND RECOMMENDING CERTIFICATION TO THE CITY COUNCIL WHEREAS, the City of Chula Vista ("City") circulated a request for proposals to prepare an environmental impact report for the EastLake Trails/Greens Replanning Program and selected the finn of Regional Environmental Consultants (RECON) to prepare the Environmental Impact Report (EIR). On February 11, 1998 , the City, RECON and EastLake Development Company ("Applicant"), entered into a three-party contract, where the City managed the preparation of the EIR, RECON prepared the EIR, and EastLake Development Company reimbursed the City for the full cost of EIR preparation; and, WHEREAS, a Draft EIR was issued for public review on July 24, 1998, was reviewed by the Resource Conservation Commission on August 17, 1998, and was processed through the State Clearinghouse; and, WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing on the Draft EIR on August 26, 1998; and WHEREAS, RECON prepared a Final Subsequent Environmental Impact Report (FEIR 97- 04) on the EastLake Trails/Greens Replanning Program; and, WHEREAS, the Final SEIR incorporates, by reference, the prior EIRs that address the subject property including the Master EIR for EastLake (EIR 81-3) and the Final EIR for the EastLake Greens SPA and EastLake Trails prezone and annexation (EIR 86-4), as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Programs. EIR 81-3 was completed in February, 1982 and EIR 86-4 was certified by the Chula Vista City Council on July 18, 1989, and; WHEREAS, to the extent that these Findings of Fact conclude that proposed mitigation measures outlined in the Final EIR are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement those measures. These findings are not merely informational or advisory, but constitute a binding set of obligations that will come into effect when the City adopts the resolution approving Planning COIIIDlission Resolution EIR-97-04 (H:\home\planninglmarilyn\eastlake\staff.rpt\pcreso. wpd) Page 1 '".-.-.---.--..-------.-..-.--.'.'.-...-- the Project. The adopted mItigation measures are express conditions of approvaL Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings of Fact and will be effectuated through the process of implementing the Project. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. FEIR CONTENTS That the FEIR consists of the following: 1. Master EIR for EastLake (EIR 81-3) 2. Supplemental EIR for EastLake Greens SPA and EastLake Trails Prezone (EIR 86-4) (all hereafter collectively referred to as "FSEIR 97-04") II. FEIR REVIEWED AND CONSIDERED That the Planning Commission of the City of Chula Vista has reviewed, analyzed and considered FEIR 97-04 and the environmental impacts therein identified for this Project, the Findings of Fact and the Statement of Overriding Considerations (Exhibit "A" to this Resolution) and the proposed mitigation measures contained therein, and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution) prior to approving the Project. Copies of said Exhibits are on file in the Planning Department office. m CERTIFICATION OF COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT That the Planning Commission does hereby find that FEIR 97-04, the Findings of Fact and the Statement of Overriding Considerations (Exhibit "A" to this Resolution), and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution) are prepared in accordance with the requirements ofCEQA, Pub. Resources Code, 921000 et seq.) the CEQA Guidelines (California Code Regs. title 14, 915000 et seq.), and the Environmental Review Procedures of the City of Chula Vista. IV INDEPENDENT JUDGMENT OF PLANNING COMMISSION That the Planning Commission finds that the FEIR 97-04 reflects the independent judgment of the City of Chula Vista Planning Commission and the City of Chula Vista staff. Planning Commission Resolution EIR-97-04 (H: Ihome\planning\marilyn \eastlake\staff.rpt\pcreso.wpd) Page 2 V CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS A Adoption of Findings of Fact The Planning Commission does hereby approve, accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the Findings of Fact, Exhibit "A" ofthis Resolution. B. Statement of Overriding Consideration Even after the adoption of all feasible mttIgation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the project, or cumulatively, will remain. Therefore, the Planning Commission recommends that the City Council of the City of Chula Vista hereby issues, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations in the form set forth in Exhibit "A", identifying the specific economic, social and other considerations that render the unavoidable significant adverse environmental effects acceptable. C. Certain Mitigation Measures Feasible and Adopted As more fully identified and set forth in FEIR 97-04 and in the Findings of Fact for this project, which is Exhibit "A" to this Resolution, the Planning Commission 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. D. Infeasibility of Mitigation Measures As more fully identified and set forth in FEIR 97-04 and in the Findings of Fact for this project, which is Exhibit "A" to this Resolution, certain mitigation measures described in the above-referenced documents are infeasible. E. Infeasibility of Alternatives As more fully identified and set forth in FEIR 97-04 and in the Findings of Fact, Section XII, for this project, which is Exhibit "A" to this Resolution, the Planning Commission hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that alternatives to the project, which were identified as potentially feasible in FEIR 97-04, were found not to be feasible. PI arming Commission Resolution EIR -97 -04 (H: lhomelpIanning\marilynleastIakelstaff.rptlpcreso. wpd) Page 3 "... ..-...-...---.--.----..- .-.------ -----_..__.~-_... ....- F. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081.6, Planning Commission hereby adopts Mitigation Monitoring and Reporting Program ("Program") set forth in Exhibit "B" of this Resolution, a copy of which is on file in the office ofthe City Clerk. The Planning Commission 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 feasible mitigation measures identified in the Findings of Fact and the Program. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council certify Final EIR 97-04. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 11th day of November 1998 by the following vote, to wit: AYES: NOES: ABSENT: Patty Davis Chair - Planning Commission ATTEST: Diana Vargas Secretary - Planning Commission Exhibits Exhibit A: Findings of Fact and Statement of Overriding Considerations Exhibit B: Mitigation Monitoring and Reporting Program Exhibit C: Draft City Council Resolution Planning Commission Resolution ElR-97-04 (H:\homelplarminglmarilynleastlakelstaff.rptlpcreso. wpd) Page 4 - .---- ,,--_.- .~._~.__._------ ..-.-..-..-.--.- EASTLAKE TRAILS/GREENS REPLANNING PROGRAM SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (GPA, GDP, AND SPA PLAN) FINAL CEQA FINDINGS OF FACT and STATEMENT OF OVERRIDING CONSIDERATIONS November 4, 1998 BEFORE THE CHULA VISTA CITY COUNCIL RE: Eastlake Trails/Greens Replanning Program; Subsequent Environmental Impact Report EIR #97-04 FINDINGS OF FACT 1. INTRODUCTION The Subsequent Environmental Impact Report (SEIR)1 prepared on this project addressed the potential environmental effects of a proposed change to existing land use plans to replan the land use distribution in the 322-acre EastLake Trails neighborhood, in EastLake II, and adopt a new Sectional Planning Area (SPA) plan with associated regulatory documents which incorporate two of the three "Land Swap" parcels (141.7 acres) into the EastLake II General Development Plan (GDP), EastLake Greens SPA, and other associated documents. In addition, the SEIR evaluated two alternatives to the proposed project: the No Project alternative, which assumes no development of the EastLake Trails site and "Land Swap" parcels, and the "Reduced Development Consistent with the Adopted Plans" alternative which assumes implementation of the adopted GDP. These findings have been prepared to comply with requirements of the California Environmental Quality Act (CEQA) (Pub. Resources Code, 21000 et seq.) and the CEQA Guidelines (Cal. Code Regs., tit. 14, 15000 et seq.). lThe SElR (RECON,July 1998) incorporates previously prepared documents, including the Master EIR for EastLake (EIR 81-3), the 1989 Final EIR for EastLake Greens SPA. and the EastLake Trails prezone and annexation (EIR 86-4), by reference. 1 - -_.--._._--_._~._-~-"_.._---"._..- .._..~._-_.__.._- II. DEFINITIONS "APCD" means San Diego Air Pollution Control District. "BMPs" means best management practices. "CEQA" means California Environmental Quality Act. "CNEL" means community noise equivalent level. "du/ac" means dwelling units per acre. "EDU" means equivalent dwelling unit. "GDP" means General Development Plan. "LOS" means level of service. "OWD" means Otay Water District. "PFFP" means Public Facilities Financing Plan. "PM-IO" means particulate matter with a diameter of 10 microns or less. "SEIR" means Subsequent Environmental Impact Report. "SPA" means Sectional Planning Area. "SR" means State Route III. PROJECT DESCRIPTION The proposed project involves two neighborhoods known as EastLake Greens and EastLake Trails, both located within the EastLake II GDP area. The EastLake Greens neighborhood, which has an adopted SPA and is developed, consists of 853.2 acres and contains a wide range of residential densities and other support services. The EastLake Trails neighborhood, which does not have an adopted SPA and is currently vacant, 2 consists of 322.2 acres and under the adopted EastLake II GDP this area contains residential land use designations for the most part with the exception of a IS-acre commercial site. In 1992, The EastLake and Baldwin Companies completed a land exchange involving three parcels of land which are commonly known as the "Land Swap" parcels. The "Land Swap" parcels originally consisted of 157 acres. A total of 15.3 acres of the 157 acres was added to several EastLake Greens parcels (R-lO, R-12, R-20, P-3), and Olympic Parkway right-of-way. This acreage is already included in the currently adopted EastLake Greens SPA. The remaining balance of 141.7 acres would be added to the Greens SPA with the proposed amendment. The amendments to the EastLake II GDP and the SPA Plans for the Trails and Greens are described in detail below. EastLake II GDP The addition of the two "Land Swap" parcels increases the total area of the EastLake II GDP by 141.7 acres, and the number of residential dwelling units by 705. Overall residential density for the GDP will increase slightly from 3.1 dwelling units per acre (dulac) to 3.2 dulac. The most prominent changes are (a) the addition of 24.7 acres of Professional and Administrative commercial in the northern "Land Swap" parcel; (b) in the southerly "Land Swap" parcel, 50 acres of Freeway Commercial will be added in addition to 50.2 acres of Medium Density residential. The added residential acreage combined with existing parcels R-9 (8.5 acres with 45 dwelling units) and Future Urban (6.3 acres), located immediately adjacent to the east, produce a 65-acre residential parcel with capacity for 750 dwelling units. Thus, the net increase as a result of the "Land Swap" parcel annexation is 141.7 acres and 705 dwelling units. It should be noted that the total added acreage includes 16.1 acres in circulation, easements, and open space. Other changes include the conversion of 15 acres of commercial designation to low medium density residential; deletion of approximately 65 acres of Future Urban land resulting from the proposed GDP boundary adjustment, and minor changes to the Parks and Open Space acreage. EastLake Greens SPA Changes in land use designations are restricted to the "Land Swap" parcels and the southwest comer of the adopted SPA Plan adjacent to the southern "Land Swap" parcel. This southwestern comer is undeveloped and is separated from the part of EastLake Greens where development has begun or is completed by the route of the Second San Diego Aqueduct, marked by an Open Space designation in both the adopted and proposed SPA Plans. In that area, the proposed project would remove the "Future Urban" 3 designation and expand the "R-9" designation from 8.5 to 65 acres. The SPA target density for the R-9 designation is proposed for an increase from 5.3 dulac to 11.5 dulac, yielding 750 du total on this parcel. Since the adopted SPA allowed 45 dwelling units on this parcel, the net increase would be 705 units and the total for the EastLake Greens SPA would increase from 2,738 to 3,443. Nonresidential use changes between the adopted and proposed EastLake Greens SPA Plan would include the conversion of "Future Urban" land use category, the addition of a "Freeway Commercial" designation (50.7 acres) in the western part of the southern "Land Swap" parcel, and the addition of 24.7 acres of "Professional and Administrative" designation for the northern "Land Swap" parcel. The area of the "Major Circulation" category would increase by 17.9 acres, and the OS-5 "Open Space" category would be reduced by 1.8 acres. EastLake Trails SPA No SPA Plan has been adopted for this neighborhood, but the proposed SPA Plan differs in some respects from the general land uses for the Trails in the adopted EastLake II GDP. These changes consist of: . Deletion of 65 acres as a result of relocation of the EastLake II boundaries. . Reconfiguration of the internal circulation system. . Converting "Retail" (C) "Commercial" designation in the northwest comer of the SPA to Residential. . Converting two areas designated for "Public and Quasi-Public" use (PQ) In the northern and central parts of the SPA to residential. . Designating a 13-acre (approximately 10 acres net) elementary school site in the west-central part ofthe SPA. . Designating the public park area in the Salt Creek drainage (P-l and P-2), eliminating the central parks and recreation site presently shown in the central part of the SPA, adding a private recreation site (P-3) adjacent to the community park. . Creating a "Future Urban" (FU-l) designation to small elongated areas along the east side of Salt Creek, with further planning of these areas to occur concurrent with similar-level planning for the adjoining EastLake Vistas neighborhood in the EastLake III GDP. . Designating 4.5 acres of community purpose facility (CPF) land use district. 4 Discretionarv Actions In order to complete this replanning process, the following discretionary approvals from the City of Chula Vista are being sought by the project applicant: 1. An amendment to the Chula Vista General Plan. 2. Amendments to the EastLake II General Development Plan. 3. Amendment the EastLake Greens SPA Plan to incorporate the "Land Swap" parcels into the SPA Plan and amendment to the associated documents, including (a) EastLake II Planned Community District Regulations, (b) EastLake Greens Air Quality Improvement Plan, (c) EastLake Greens Water Conservation Plan, (d) EastLake Greens Public Facilities Financing Plan, and (e) EastLake Greens Design Guidelines. 4. New Sectional Planning Area plan and associated documents, including (a) Planned Community District Regulations, (b) Air Quality Improvement Plan, (c) Water Conservation Plan, (d) Public Facilities Financing Plan, (e) Design Guidelines, (f) Affordable Housing Program and changes, if any, in the circulation system. 5. Development Agreement between the City of Chula Vista and The EastLake Company. The requested General Plan amendments include a modification to the Land Use element and plan to delete the commercial designation and relocate a school site in the Trails neighborhood; and modify the Circulation element to reflect changes, if any, in the circulation system. The approval of the actions sought by the applicant at the present time would result in adoption of amendments to the EastLake II GDP and EastLake Greens SPA, including the "Land Swap" parcels, and a new SPA for EastLake Trails. Implementation of the plans would require subsequent approval of tentative maps for all of EastLake Trails and for the areas of EastLake Greens for which no tentative maps have yet been approved, the "Land Swap" parcels and the area on the southwest comer of the adopted GDP and of the Second San Diego Aqueduct. The City of Chula Vista is the Lead Agency and has discretionary power of approval for all the actions sought by the applicant for the proposed project. This SEIR is intended to satisfy CEQA requirements for environmental review of those actions. Future discretionary approvals from the California Department of Fish and Game (1603 Streambed Alteration Agreement) and U.S. Army Corps of Engineers (404 Pennit) may 5 _m_'" _".~ ^ . ._,_"<_. _..~. _... be required. No other actions by other agencies or jurisdictions have been identified that would be required to accomplish the project as proposed. Proiect Goals and Obiectives The overall goal of the proposed EastLake Trails/Greens replanning program is to refine the land use plan, circulation plan, and open space design in a manner that is generally consistent with the adopted EastLake II General Development Plan and other associated documents. In addition, the specific objectives of the proposed project include the following: . Establishment of a land use plan that provides housing and employment opportunities for residents while maintaining an acceptable quality-of-life standard within the EastLake community. . Control and management of regional growth establishing a phased approach to development and a Public Facilities Financing Plan which ensures that necessary public facilities are in place at the time of need, providing for the siting and financing of such facilities. . Assurance that the replanning process complies with all City and regional policies, regulations, and programs. IV. RECORD OF PROCEEDINGS For purposes of CEQA and the findings set forth below, the administrative record of the City Council decision on the environmental analysis of this project shall consist of the following: . The Draft and Final Subsequent EIR for the project (EIR #97-04), including appendixes and technical reports; . All reports, applications, memoranda, maps, letters and other planning documents prepared by the planning consultant, the project applicant, the environmental consultant, the EastLake Trails/Greens staff, and the City of Chula Vista that are before the decision makers as determined by the City Clerk; . All documents submitted by members of the public and public agencies in connection with the EIR on the project; 6 · Minutes and verbatim transcripts of all workshops, public meetings and public hearings held by the City of Chula Vista, or video tapes where transcripts are not available or adequate; · Any documentary or other evidence submitted at workshops, public meetings and public hearings; and . Matters of common knowledge to the City of Chula Vista which they consider, including but not limited to, the following: - Chula Vista General Plan (update) - 2010 Relevant portions of the Zoning Codes of the City of Chula Vista - Master EIR for EastLake (EIR 81-3) - Supplemental EIR for EastLake Greens SPA and EastLake Trails Prezone (EIR 86-4) V. TERMINOLOGYrfHE PURPOSE OF FINDINGS UNDER CEOA Section 15091 of the CEQA Guidelines requires that, for each significant environmental effect identified in an EIR for a project, the approving agency must issue a written finding reaching one or more of the three allowable conclusions. The first is that "[c]hanges or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR." (emphasis added.) The second potential finding is that "[s]uch changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency." The third pennissible conclusion is that "[s]pecific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the final ErR." . Regarding the first of three potential findings, the CEQA Guidelines do not define the difference between "avoiding" a significant environmental effect and merely "substantially lessening" such an effect. The meaning of these tenns, therefore, must be gleaned from other contexts in which they are used. Public Resources Code section 21081, on which CEQA Guidelines section 15091 is based, uses the tenn "mitigate" rather than "substantially lessen." The CEQA Guidelines, therefore, equate "mitigating" 7 with "substantially lessening," Such an understanding of the statutory term is consistent with Public Resources Code section 21001, which declares the Legislature's policy disfavoring the approval of projects with significant environmental effects where there are feasible mitigation measures or alternatives that could "avoid or substantially lessen" such significant effects. For purposes of these findings, the term "avoid" shall refer to the ability of one or more mitigation measures to reduce an otherwise significant effect to a less-than-significant level. In contrast, the term "substantially lessen" shall refer to the ability of such measures to substantially reduce the severity of a significant effect, but not to reduce the effect to a level of insignificance. Although CEQA Guidelines section 15091 requires only that approving agencies specify that a particular significant effect is "avoid[ed] or substantially lessen[ed]," these findings, for purposes of clarity, will specify whether the effect in question has been fully avoided (and thus reduced to a level of insignificance) or has been substantially lessened (and thus remains significant). The purpose of these findings is to systematically restate the significant effects of the project on the environment identified in the Subsequent EIR, and determine the feasibility of mitigation measures and project alternatives identified in the Subsequent EIR which would avoid or substantially lessen those significant effects. Once the City has adopted sufficient measures to avoid a significant impact, the City does not need to adopt every mitigation measure brought to its attention or identified in the Subsequent EIR. The City shall not reduce housing units as a mitigation measure to a project, if the City determines another specific mitigation measure will provide a comparable level of mitigation. It is the policy of the State of California and the City of Chula Vista to not approve a project if there are available feasible mitigation measures or project alternatives which would substantially lessen that project's significant environmental effects. Only when such mitigation measures or project alternatives are found to be infeasible because of specific economic, social or other conditions set forth in these findings may the City approve a project in spite of its significant effects. Another purpose of these findings is to bring focus to project alternatives in the ultimate decisionmakers' decision whether to approve or disapprove the project. If, after application of all feasible mitigation measures to the project, significant impacts remain, project alternatives identified in the SEIR must be reviewed and determined to be feasible or infeasible. The findings set forth the reasons, based on substantial evidence in the record, that the decisionmakers conclude any such project alternatives are infeasible (see further discussion in Feasibility of Alternatives section). 8 VI. LEGAL EFFECT OF FINDINGS To the extent that these findings conclude that proposed mitigation measures outlined in the SEIR are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista ("City" or "decisionmakers") hereby binds itself and any other responsible parties, including the applicant and its successors in interest (hereinafter referred to as "Applicant"), to implement those measures. These findings, in other words, are not merely informational or hortatory, but constitute a binding set of obligations that will come into effect when the City adopts the resolution(s) approving the project. The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the mitigation monitoring program adopted concurrently with these findings, and will be effectuated through the process of implementing the project. VII. MITIGATION MONITORING PROGRAM As required by Public Resources Code section 21081.6, subd.(a)(1), the City of Chula Vista, in adopting these findings, also adopts a mitigation monitoring and reporting program as prepared by the environmental consultant under the direction of the City. The program is designed to ensure, that during project implementation, the applicant and any other responsible parties comply with the feasibJe mitigation measures identified below. The program is described in the document entitled EastLake Trails/Greens Replanning Program Mitigation Monitoring Program." VIII. DIRECT SIGNIFICANT EFFECTS AND MITIGATION MEASURES The Subsequent EIR identified a number of direct significant environmental effects (or "impacts") that the project will cause; some can be fully avoided through the adoption of feasible mitigation measures, while others cannot be avoided. The project will result in significant irreversible environmental changes to the following issues: traffic/traffic circulation, biological resources, hydrology/drainage, landform alteration/visual quality, noise, paleontology, and public facilities. These significant 9 _ _,_._._d_...~ _.__..____..____..._ environmental changes or impacts are discussed in Subsequent EIR 97-04 in Table 1-2 on pages 5 through 17 and in Chapter 4.0, pages 37 through 194. T ransDortati onfT raffic Circul ati on Significant impacts to a road intersection due to increase in traffic associated with EastLake Trails/Greens Replanning Program will occur in the year 2010 (with SR-125). [SEIR, Subchapter 4.2.3, p. 80] Biological Resources Within the EastLake Trails project area, construction and grading associated with the Salt Creek linear park and other land uses would directly impact willow wetland and non-wetland jurisdictional waters within the northern portion of Salt Creek wetland area, and is considered a significant impact. The impacts to agricultural lands within the remainder of the EastLake Trails site and the "Land Swap" parcels are not considered a significant impact. [SEIR, Subchapter 4.3.3, p.94] Hydrologv/Drainage Development of the proposed project would cause an increase in the amount of runoff and would have potentially significant impacts on downstream drainage facilities. [SEIR, Subchapter 4.4.3, p. 105] Landform Alteration/Visual Qualitv The proposed development of EastLake Trails and the "Land Swap" parcels would result in significant on-site landform and visual quality impacts. The visual character of the site would change from agricultural to planned community. [SEIR, Subchapter 4.4.4, p. 124] Noise EastLake Trails Significant noise impacts to the proposed project from traffic along Otay Lakes Road, Hunte Parkway, and Olympic Parkway. 10 Northern "Land Swap" Parcel Projected noise levels in portions of the future commercial development would exceed City standards and could represent a significant noise impact if sensitive receivers are placed within the noise impacts areas. Southern "Land Swap" Parcel Projected noise levels in portions of the future commercial and residential pads would exceed City standards. This would be a significant impact. [SEIR, Subchapter 4.6.3, p. 131] Paleontologv Given the potential for paleontological resources on the project site, the impact to resources would be significant. [SEIR, Subchapter 4.7.3, p. 140] Air Oualitv The proposed project would generate sufficient emtsstOns and dust during construction-related activities to result in short-tenn significant impacts. [SEIR, Subchapter 4.8.6, p. 151] Public Facilities Water Significant impacts would occur if grading operations within EastLake Trails would remove the existing 12-inch water transmission line, which provides water supply to the Olympic Training Center, prior to the completion of the 711 Zone water transmission mains within Hunte Parkway and Olympic Parkway. [SEIR, Subchapter 4.9.3, p. 181] Sewer Development of the proposed project would result in an incremental increase in sewage generation and would present a significant impact due to the lack of existing transmission infrastructure. Specifically, the provision of sewer infrastructure on the southern "Land Swap" parcel may require the potential need for a trunk sewer deeper than typical city standards. The possible need for a deep facility represents a potentially significant impact. In addition, development of the "Land Swap" parcels prior to the completion of the Poggi Canyon trunk sewer would be a 11 significant impact on the existing EastLake Parkway sewer pump station. Also, if the Salt Creek interceptor sewer is not constructed prior to the addition of approximately 1,900 equivalent dwelling units (EDUs) in EastLake, then the Otay Lakes Road pump station would need to be expanded to handle additional flows. Schools The additional elementary school students generated by the proposed project would contribute to the existing schools that are near capacity and are considered a direct significant impact. Police The incremental increase in calls for police service is considered a significant impact because existing services do not meet the standard threshold for Priority One and Priority Two calls. Likewise, should the underpass beneath Otay Lakes Road be used as a pedestrian trail leading to the Salt Creek linear park, the potential for significant public safety impacts exist. Fire The incremental increase in project-generated calls may result in a significant impact at project buildout although adequate service to the area is available in the short-term. Certain of the above impacts cannot be substantially lessened or avoided at the General Development Plan level; but, as described in the Statement of Overriding Considerations, the City Council has determined that the impacts are acceptable because of specific overriding considerations. The following subsections describe specific impacts, setting forth either the reasons why they are significant and unavoidable, the mitigation measures proved to be infeasible due to specific economic, social or other considerations. A. TRANSPORT A TIONrrRAFFIC CIRCULATION Significant Effect: Significant impact to the Otay Lakes Road and Lane A venue intersection in the year 2010 (with SR-125). [SEIR, Subchapter 4.2.3, p. 80] Finding: Pursuant to section 15091(a)(I) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project which will substantially lessen or avoid the significant environmental effect as identified in the SEIR, to a level below significance. 12 Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings. [SEIR, Subchapter 4.2.3, p. 82] To reduce significant direct impacts resulting from project implementation in the year 2010, the project shall be required to make the following improvement: . The intersection of Otay Lakes Road and Lane Avenue is required to be improved prior to the issuance of the first building permit for the southern "Land Swap" parcel. Improvements include a second eastbound to northbound left-turn lane on Otay Lakes Road and a second southbound to westbound right-turn lane on Lane Avenue. B. BIOLOGICAL RESOURCES Significant Effect: Significant impacts associated with construction and grading associated with the Salt Creek linear park and other land uses within the EastLake Trails project area, would directly impact willow wetland and non-wetland jurisdictional waters within the northern portion of Salt Creek wetland area. [SEIR, Subchapter 4.3.3, p. 94] Finding: Pursuant to section IS09I(a)(1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project which will substantially lessen or avoid the significant environmental effect as identified in the SEIR, to a level below significance. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings. [SEIR, Subchapter 4.3.4, p. 94 through 96] . Prior to tentative map approval for the EastLake Trails project site, the applicant shall prepare and receive City approval of a detailed mitigation plan for the creation and enhancement of riparian vegetation within the Salt Creek corridor. The mitigation plan shall meet or exceed the goals for wetland/riparian habitat and the mitigation ratios included in the Salt Creek Corridor Conceptual Mitigation Plan (SEIR Figure 4.3-2, Table 4.3-3), and shall include components addressing perfonnance standards, maintenance requirements (e.g., pest control, weeding, and plant replacement), and monitoring and reporting requirements. . Prior to the issuance of a grading pennit, the project applicant shall be required to obtain state (1603 Streambed Alteration Agreement) and federal (Section 404 Clean Water Act) pennits. 13 C. HYDROLOGYIDRAINAGE Significant Effect: An increase in the amount of runoff would have potentially significant impacts on downstream drainage facilities. [SEIR, Subchapter 4.4.4, p. 105 through 106] Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project which will substantially lessen or avoid the significant environmental effect as identified in the SEIR, to a level below significance. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings. [SEIR, Subchapter 4.4.4, p. 105 through 106] . Hydroseeding and landscaping of any cut/fill slopes disturbed or built during the construction phase of this project with appropriate ground cover vegetation shall be performed within 30 days of completion of grading activities. . Areas of native vegetation or adjoining slopes to be avoided during grading activities shall be delineated in the field based on adopted grading plans to minimize disturbance to existing vegetation and slopes. . Artificial ground cover, hay bales, and catch basins to retard the rate of runoff from manufactured slopes shall be installed if grading occurs during wet weather season, November 1 through April 1. . Fine particulates in geologic materials used to construct the surficial layers of manufactured slopes shall not be specified unless a suitable alternative is not available. . Temporary sedimentation and desilting basins between graded areas and streams shall be provided during grading. In addition to the above mitigation measures, best management practices (BMPs) appropriate to the characteristics of the project shall be employed to reduce pollutants available for transport or to reduce the amount of pollutants in runoff. Such BMPs may include the following: . Detention basins, effective for very large drainage areas. These are essentially ponds with controlled release rates to minimize downstream effects. Some pollutants can settle during storage and improve the quality of water released. 14 · Infiltration basins, designed to hold runoff and allow percolation into the ground. These basins need adequate storage volume and good permeability of the underlying soils. · Infiltration trenches and dry wells, holes, or trenches filled with aggregate and then covered. Dry wells are typically used for runoff from roofs; infiltration trenches typically serve larger areas, such as streets and parking lots in commercial areas. Both are best suited for areas with permeable soils and a sufficiently low water table or bedrock. · Porous pavement such as lattice pavers or porous asphalt. These may be used to replace large areas of paving that are not subject to heavy traffic. · Vegetative controls. Plant materials which intercept rainfall and filter pollutants and absorb nutrients. · Grassed swales, shallow grass-covered channels used in place of a buried storm drain. This type of vegetative control is most applicable to residential areas. BMPs can also include nonstructural methods, such as controlling litter and waste disposal practices. Appropriate BMPs for the project shall be in compliance with the Regional Water Quality Control Board's National Pollutant Discharge Elimination System Permit No. CA 0108758, which consists of wastewater discharge requirements for storm water and urban runoff. BMPs appropriate to the characteristics of a project shall be employed to reduce pollutants available for transport or to reduce the amount of pollutants in runoff prior to discharge to a sutface water body. Identification of appropriate BMPs to the satisfaction of the City Engineer shall be a condition of future tentative map approval. D. LANDFORM AL TERA TION/VISUAL OUALITY Significant Effect: The proposed development of EastLake Trails and the "Land Swap" parcels would result in significant on-site landform and visual quality impacts. The visual character of the site would change from agricultural to planned community. [SEIR, Subchapter 4.4.4, p. 124] Finding: Pursuant to section 15091(a)(I) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project which will substantially lessen or avoid the significant environmental effect as identified in the SEIR, to a level below significance. 15 .._~ Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings. [SEIR, Subchapter 4.5.4, p. 124] . Prior to tentative maps approval, EastLake Trails and the "Land Swap" parcels shall demonstrate compliance with the respective SPA Plan Design Guidelines to ensure that significant landfonn alteration and visual impacts are below a level of significant. The mitigation requirements included in the design guidelines involve architectural and site design, lighting, fencing, circulation, and comprehensive grading and landscaping plans, among other techniques. Plans detailing the proposed Design Guidelines are included in the EastLake Greens and Trails SPA Plans. E. NOISE EastLake Trails Significant Effect: Significant noise impacts to the proposed EastLake Trails residential project from traffic along Otay Lakes Road, Hunte Parkway, and Olympic Parkway [SEIR, Subchapter 4.6.3, p. 131] Finding: Pursuant to section 15091(a)(I) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project which will substantially lessen or avoid the significant environmental effect as identified in the SEIR, to a level below significance. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings. [SEIR, Subchapter 4.6.4, p. 136] . Mitigation of potential first-floor exterior noise impacts to achieve the City's 65 community noise equivalent level (CNEL) exterior noise standard can be accomplished through the construction of barriers as illustrated in Figure 4.6-5. The barriers should be either walls or benns-or a combination thereof--{;onstructed of solid material with a density of at least four pounds per square foot and should not have any cracks or gaps. Examples of acceptable barrier materials include, but are not limited to, masonry block, wood frame with stucco, O.5-inch- thick Plexiglas, or O.25-inch-thick plate glass. If transparent barrier materials are used, no gaps should occur between the panels. Identification of appropriate noise attenuation measures sufficient to achieve City standards and to the satisfaction of the Director of 16 Planning and Building shall be a condition of any tentative map approval. · Prior to approval of the tentative map for EastLake Trails, verification of the above mitigation based on detailed grading plans shall be required. In addition, if the projected traffic volume on Dtay Lakes Road increases or if substantial changes in the proposed project grading occur as the final design develops through the tentative map process, additional noise analyses will be required. · Prior to the issuance of building permits, a detailed acoustical analysis shall be prepared by the applicant which demonstrates that second- floor interior noise levels due to exterior sources will be below the 45 CNEL standard. Northern "Land Swap" Parcel Significant Effect: Projected noise levels in portions of the future commercial development would exceed City standards and could represent a significant noise impact if sensitive receivers are placed within the noise impacts areas. [SEIR, Subchapter 4.6.3, p. 131] Finding: Pursuant to section 15091(a)(I) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project which will substantially lessen or avoid the significant environmental effect as identified in the SEIR, to a level below significance. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings. [SEIR, Subchapter 4.6.4, p. 136] · Noise levels on portions of the commercial pad are projected to exceed the City's 70 CNEL exterior noise standard. Detailed site plans or architecture plans have not been prepared as yet for the northern "Land Swap" site. Therefore, when site plans are available and prior to the issuance of building permits, an acoustical study shall be prepared. This study shall identify appropriate noise attenuation measures to the satisfaction of the Director of Planning and Building to ensure that the City's 70 CNEL standard is achieved. 17 Southern "Land Swap" Parcel Significant Effect: Projected noise levels in portions of the future commercial and residential pads would exceed City standards. This would be a significant impact [SEIR, Subchapter 4.6.3, p. 131] Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project which will substantially lessen or avoid the significant environmental effect as identified in the SEIR, to a level below significance. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings. [SEIR, Subchapter 4.6.4, p. 136 through 138] . For both the commercial and residential pads, mitigation of potential first-floor exterior noise impacts can be achieved through the construction of barriers as illustrated in Figure 4.6-3. The City's standard for commercial uses is 70 CNEL and 65 CNEL for residential uses. The barriers should be either walls or benns-or a combination thereof--constructed of solid material with a density of at least four pounds per square foot and should not have any cracks or gaps. Examples of acceptable barrier materials include, but are not limited to, masonry block, wood frame with stucco, 0.5-inch-thick Plexiglas, or 0.25-inch-thick plate glass. If transparent barrier materials are used, no gaps should occur between the panels. Identification of appropriate noise attenuation measures sufficient to achieve City standards and to the satisfaction of the Director of Planning and Building shall be a condition of any tentative map approval. . At the time that building plans are available, and prior to the issuance of residential building pennits for the southern "Land Swap" parcel, a detailed acoustical analysis shall be required which demonstrates that second-floor interior noise levels due to exterior sources will be below the 45 CNEL standard. F. PALEONTOLOGY Significant Effect: Given the potential for paleontological resources on the project site, the impact to resources would be significant. [SEIR, Subchapter 4.7.3, p. 140] 18 Finding: Pursuant to section 15091(a)(I) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project which will substantially lessen or avoid the significant environmental effect as identified in the SEIR, to a level below significance. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings. [SEIR, Subchapter 4.7.4, p. 140 through 141] · Prior to issuance of a grading pennit the applicant shall confinn in writing to the City of Chula Vista that a qualified paleontologist has been retained to carry out the mitigation described herein. A qualified paleontologist is defined as an individual with a M.S. or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques. A paleontological monitor may be retained to perfonn the on-site monitoring in place of the qualified paleontologist. A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials and who is working under the supervision of a qualified paleontologist. · The qualified paleontologist or paleontological monitor shall attend the preconstruction meeting to consult with the grading and excavation contractors. The paleontologist's duties shall include monitoring of grading, salvaging, preparation of collected materials for storage at a scientific institution that houses paleontological collections, and preparation of a monitoring results report. These duties are defined as follows: a. The paleontologist or paleontological monitor shall be on-site during the original cutting of previously undisturbed sediments of the Otay Fonnation to inspect cuts for contained fossils. The Sweetwater Fonnation shall be monitored on an as-needed basis as detennined by the paleontologist or paleontological monitor. The frequency of inspections shall depend upon the rate of excavation, the materials excavated, and the abundance of fossils. The paleontologist shall work with the contractor to detennine the monitoring locations and amount of time necessary to ensure adequate monitoring of the project site. b. In the event that fossils are encountered, the paleontologist (or paleontological monitor) shall have the authority to divert or temporarily halt construction activities in the area of discovery to allow recovery of fossil remains in a timely fashion. Because of the potential for recovery of small fossil remains, it may be necessary to set up a screen-washing operation on-site. 19 c. Fossil remams shall be cleaned, sorted, repaired, cataloged, and then stored in a local scientific institution that houses paleontological collections, such as the San Diego Natural History Museum. d. A monitoring results report with appropriate graphics summarizing the results (even if negative), analyses, and conclusions of the above program shall be prepared and submitted to the City of Chula Vista within 90 days following the termination of the paleontological monitoring program. G. AIR QUALITY Significant Effect: The proposed project would generate sufficient emissions and dust during construction-related activities to result in short-term significant impacts. [SEIR, Subchapter 4.8.6, p. 151] Finding: Pursuant to section 1509I(a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project which will substantially lessen or avoid the significant environmental effect as identified in the SEIR, to a level below significance. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings. [SEIR, Subchapter 4.8.7, p. 151 through 152] Dust control during grading operations shall be regulated in accordance with the rules and regulations of the San Diego Air Pollution Control District (APCD). At the time tentative maps are approved for the project, the following measures shall be required to reduce fugitive dust impacts and emissions impacts from construction equipment: . All unpaved construction areas shall be sprinkled with water or other acceptable San Diego APCD dust control agents during dust-generating activities to reduce dust emissions. Additional watering or acceptable APCD dust control agents shall be applied during dry weather or windy days until dust emissions are not visible. . Trucks hauling dirt and debris shall be properly covered to reduce windblown dust and spills. . Enforce a 20-mile-per-hour speed limit on unpaved surfaces. . On dry days, dirt and debris spilled onto paved surfaces shall be swept up immediately to reduce resuspension of particulate matter caused by vehicle 20 movement. Approach routes to construction sites shall be cleaned daily of construction-related dirt in dry weather. . On-site stockpiles of excavated material shall be covered or watered. . Disturbed areas shall be hydroseeded, landscaped, or developed as quickly as possible and as directed by the City to reduce dust generation. . Heavy-duty construction equipment with modified combustion/fuel injection systems for emissions control shall be utilized during grading and construction activities. Catalytic reduction for gasoline-powered equipment shall be used. Also, equip construction equipment with prechamber diesel engines (or equivalent) together with proper maintenance and operation to reduce emissions of nitrogen oxide, to the extent available and feasible. . Low pollutant-emitting construction equipment shall be used. . Electrical construction equipment, shall be used to the extent feasible. . The simultaneous operations of multiple construction equipment units shall be minimized (i.e., phase construction to minimize impacts). H. PUBLIC FACILITIES Water Significant Effect: Project-related growth precedes planned Otay Water District (OWD) water facility improvements which are necessary to meet additional capacity requirements. Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project which will substantially lessen or avoid the significant environmental effect as identified in the SEIR, to a level below significance. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings. The measures are required at the GDP level and will be implemented at the SPA plan level. [SEIR, Subchapter 4.9.4, page 182]. . Adequate potable and recycled water storage and distribution facilities will be constructed in accordance with the Subarea Master Plan for 21 _._m"..............'. ._.__.___.._____,_ EastLake Trails and the "Land Swap" Areas (Powell and Associates, September 1998) and to the satisfaction of the Otay Water District (OWD). These water infrastructure improvements are also described in the proposed PFFPs for the EastLake Trails and EastLake Greens SPAs. The proposed PFFP identifies the development impact fees that the applicant needs to pay to mitigate impacts, the estimated cost of the facility, and the applicant's obligation to construct and/or pay for the necessary mitigation. Prior to approval of the first Final Map, the applicant shall provide written proof from OWD that adequate water storage and distribution facilities are available to serve the Trails and "Land Swap" parcels. . Water conservation techniques such as low-flow toilets and shower heads, drought-resistant landscaping, and recycled water for landscape irrigation will be required as conditions of approval for the tentative maps to reduce on-site domestic water consumption. Significant Effect: Significant impacts would occur if grading operations within EastLake Trails would remove the existing 12-inch water transmission line, which provides water supply to the Olympic Training Center, prior to the completion of the 711 Zone water transmission mains within Hunte Parkway and Olympic Parkway. [SEIR, Subchapter 4.9.3, p. 181] Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project which will substantially lessen or avoid the significant environmental effect as identified in the SEIR, to a level below significance. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings. The measures are required at the GDP level and will be implemented at the SPA plan level. [SEIR, Subchapter 4.9.4, page 182] . 711 Zone water transmission mains within Hunte Parkway and Olympic Parkway must be operational prior to removing the 12-inch water line to assure continued water service to the Olympic Training Center. This pipeline may be abandoned upon completion of the 711 Zone pipelines within Hunte Parkway and Olympic Parkway. 22 Sewer Significant Effect: Development of the proposed project would result in an incremental increase in sewage generation and would present a significant impact due to the lack of existing transmission infrastructure. Specifically, the provision of sewer infrastructure on the southern "Land Swap" parcel may require the potential need for deepened trunk sewer. These deepened facilities represent a potentially significant impact. Also, a significant impact on the existing EastLake Parkway sewer pump station will result if development of the "Land Swap" parcels occurs prior to the completion of the Poggi Canyon trunk sewer. Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project which will substantially lessen or avoid the significant environmental effect as identified in the SEIR, to a level below significance. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings. The measures are required at the GDP level and will be implemented at the SPA plan level. [SEIR, Subchapter 4.9.4, page 182]. · Mitigation for impacts to sewer service would require the development of additional facilities which would be funded by EastLake developers and the other developments as appropriate. These sewer mitigation measures are also described in the proposed PFFPs for the EastLake Trails and the EastLake Greens SPAs. The proposed PFFPs describe public facilities fees, payment schedule by the developer, and timing of sewer improvements, based on the Telegraph Canyon Sewer Basin Improvement and Financing Plan Amendment (June 1993) and the City of Chula Vista Sewage Pump Station Financing Policy (No. 570- 03). The sewer infrastructure and distribution facilities improvements described in the Sewer Report for the "Land Swap" Parcels (P&D Consultants, Inc., June 1998), and The Trails Wastewater Master Plan (Dudek and Associates, August 1998) would be conditions of approval for the tentative subdivision maps or other discretionary approvals for the EastLake Trails and "Land Swap" parcels. These measures include: · Prior to the issuance of a building permit for the "Land Swap" parcels, completion of the Poggi Canyon Trunk Sewer System shall be required. 23 . The project applicant shall propose and the City must approve a sewer alternative which does not have any sewer facilities deeper than 12 feet or one where the amount of deep sewer is minimized. Three alternatives are shown for the deep sewer associated with the "Land Swap" parcels. Additional environmental review may be required depending on the sewer alternative that is selected. Significant Effect: A significant capacity impact would occur if the Salt Creek interceptor sewer is not constructed prior to the addition of approximately 1,900 EDUs in EastLake. Finding: Pursuant to section 1509I(a)(I) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project which will substantially lessen or avoid the significant environmental effect as identified in the SEIR, to a level below significance. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings. The measures are required at the GDP level and will be implemented at the SPA plan level. [SEIR, Subchapter 4.9.4, page 182] · Prior to the issuance of building pennits beyond 1,900 EDUs within the remaining EastLake planned community developable areas (EastLake II and III), full expansion of the Otay Lakes Road pump station as described in the EastLake Trails Wastewater Master Plan (August 1998) shall be required if the Salt Creek interceptor sewer is not completed. Schools Significant Effect: The EastLake Trails/Greens Replanning Program would generate additional elementary school students to the existing schools that are near capacity. Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project which will substantially lessen or avoid the significant environmental effect as identified in the SEIR, to a level below significance. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings. The measures are required at the GDP 24 Police level and will be implemented at the SPA plan level. [SEIR, Subchapter 4.9.4, page 183]. These school mitigation measures are also described in the proposed Public Facilities Financing Plans for the EastLake Trails and EastLake Greens SPAs. The proposed PFFPs describe estimated costs for the construction of school facilities identified in the SEIR. . The development of the proposed on-site elementary school (13 acres) would accomplish mitigation of the project's direct impact to schools. School facilities financing and mitigation agreements between the affected school districts and the project applicant would be required at the time the tentative map is approved by the City Council to ensure that the impacts on school facilities are mitigated to a level less than significant. School facilities financing and mitigation agreements between the affected school districts and the project applicant shall be required prior to approval of any tentative map by the City Council. This mitigation includes the provision of 13 gross acres for a school site within the Trails for acquisition by the school districts. In addition, a financing agreement will be required that includes the formation of a Mello-Roos Community Facilities District to ensure that development of school facilities is phased to accommodate the buildout of the project. Significant Effect: The incremental increase in calls for police service is considered a significant impact because existing services do not meet the standard threshold for Priority One and Priority Two calls. [SEIR, Subchapter 4.9.3, p. 181] Finding: Pursuant to section 15091(a)(1) of the State CEQA Guidelines, changes or alterations are required in, or incotporated into, the project which will substantially lessen or avoid the significant environmental effect as identified in the SEIR, to a level below significance. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings. The measures are required at the GDP level and will be implemented at the SPA plan level. [SEIR, Subchapter 4.9.4, page 183]. Police mitigation measures are described in the proposed Public Facilities Financing Plans for the EastLake Trails and EastLake Greens SPAs. The proposed PFFPs describe public facilities fees for police services based on equivalent dwelling units by development phase. 25 .-.-.-.---..--.-..,"' · Development of the proposed project would result in an incremental increase in calls for police service. Significant impacts to police services shall be addressed on a city-wide level through the payment of public facility fees. The EastLake Trails project will be conditioned to pay public facilities fees at the rate in effect the time building permits are issued. Currently, the police department is addressing the threshold standard for deficiency by preparing a long-range strategic plan and a police facility Master Plan. The strategic plan will evaluate service levels, staff levels, methods of development, and any other factors related to service delivery. This will also include an evaluation of the established threshold which may need to be adjusted. The public facility Master Plan will address the possibility of relocating the current police facility to a more central location. Significant Effect: . Use of the undetpass beneath Otay Lakes Road as a pedestrian trail leading to the Salt Creek linear park, may result in the potential for significant public safety impacts. [SEIR, Subchapter 4.9.3, p. 181] Finding: Pursuant to section 15091(a)(I) of the State CEQA Guidelines, changes or alterations are required in, or incotporated into, the project which will substantially lessen or avoid the significant environmental effect as identified in the SEIR, to a level below significance. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings. The measures are required at the GDP level and will be implemented at the SPA plan/tentative map level. [SEIR, Subchapter 4.9.4, page 183 through 184] Concurrent with the application of any tentative map, the applicant shall submit a plan that shows the following: · Landscaping on and around the hiking trails shall be limited to low maintenance ground cover and trees and of a height that would not obscure visibility into the greenbelt/hiking trails route. This area should be kept as open as possible to discourage loitering. . Lighting a minimum of 15 feet high and of a construction that would resist tampering and damage would be required. Lighting should illuminate areas along the walkways and the surrounding recreational areas to increase the defensible space. In addition, the walkways with 26 Fire the surrounding lighting and landscaping would need to be of a type that allows emergency vehicles to pass. . To promote use of the hiking trails and walkways, the subdivision design shall encourage the construction of residential communities which overlook the greenbelt recreational areas and hiking trails. . The underpass will require continuous, well maintained, damage resistant lighting throughout the entire tunnel. The wall construction shall resist and discourage graffiti, and the materials used need to include an illumination factor to enhance the security lighting. . Because the drainage tunnel already has a required use (water runoff), construction of a raised pedestrian walking path would be required leading to and through the tunnel. To separate pedestrians from the drainage ditch and prevent pedestrian injury, a railing/fencing would be installed. The design and materials used to construct this fence/railing should discourage climbing. . With improvements expected to the street above the underpass, the application of natural lighting through the median would enhance the required installed (wired) lighting. . Park and facility closing times and use restrictions shall be posted and locked gates included. Set irrigation system timing to discourage use after hours and loitering. Installation of gates and fencing to control access to the suggested pedestrian underpass is highly recommended. Significant Effect: The incremental increase in calls result in a significant impact at project buildout although adequate service to the area is available in the short-tenn. [SEIR, Subchapter 4.9.3, p. 181] Finding: Pursuant to section 1509I(a)(I) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project which will substantially lessen or avoid the significant environmental effect as identified in the SEIR, to a level below significance. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings. The measures are required at the GDP level and will be implemented at the SPA plan level. [SEIR, Subchapter 27 4.9.4, page 183]. These fire mitigation measures are also described in the proposed Public Facilities Financing Plans for the EastLake Trails and EastLake Greens SPAs. The proposed PFFPs describe public facilities fees for fire and emergency medical services based on equivalent dwelling units by development phase. · Significant impacts to fire services shall be addressed on a city-wide level through the payment of public facility fees. The EastLake Trails project will be conditioned to pay public facilities fees at the rate in effect at the time building permits are issued. The mitigation measures also include the adoption of the proposed, revised Fire Station Master Plan which calls for the addition of three new fire stations, including one within the Woods residential neighborhood of EastLake III within the eastern territories and the relocation of Interim Fire Station No.6 within the Salt Creek Ranch project. The proposed changes to the Fire Station Master Plan would allow the fire department to meet the standard thresholds for fire protection at buildout of Eastlake. These findings discuss all impacts contained in the SEIR and discussed at the numerous public hearings. However, to the extent that an impact or "alleged" impact of the project either direct or secondary has not been discussed in this document, the City Council hereby overrides such impact for the reasons described in the Statement of Overriding Considerations. IX. CUMULATIVE SIGNIFICANT EFFECTS AND MITIGATION MEASURES Cumulative impacts are those which "are considered when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects" {Pub. Resources Code section 21082.2 subd. (b)). Several development proposals have been submitted for consideration or have been recently approved by the cities of Chula Vista and San Diego and the County of San Diego in proximity to EastLake Trails/GreenS. These "current Or probable future" development proposals would affect many of the same natural resources and public infrastructure as EastLake Trails/Greens Replanning Program. Several potentially significant cumulative impacts are associated with development of EastLake Trails/Greens in conjunction with these surrounding development projects. In formulating mitigation measures for the project, regional issues and cumulative impacts have been taken into consideration. Many ofthe mitigation measures adopted for 28 the cumulative impacts are similar to the project level mitigation measures. This reflects the inability of the Lead Agency to impose mitigation measures on surrounding jurisdictions (i.e., City of San Diego, City of National City, and Mexico) and the contribution of these jurisdictions to cumulative impacts. The project along with the other related projects will result in the following irreversible cumulative environmental changes. All page numbers following the impacts refer to pages from the SEIR. A. TRANSPORT A TIONrrRAFFIC CIRCULATION Cumulative Effects: Cumulative impacts on short-tenn and long-tenn traffic operations would result at project area intersections, street segments, and freeway operations for the year 2000, year 2005 (without SR-125), year 2010 (with SR- 125), and at buildout. The specific cumulative impact and associated mitigation measures are described in detail in the traffic technical report and in Chapter 4.2, Traffic Circulation, of the draft SEIR. [SEIR, Subchapter 4.2 and Chapter 5.0, pp.79 through 83 and p. 195] Finding: Pursuant to section 15091 (a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project which will avoid the significant environmental effect as identified in the Subsequent EIR. Implementation of the measures described below in addition to adherence with applicable laws and regulations would mitigate significant impacts below a level of significance. Mitigation Measures: The following mItIgation measures are feasible and are required as conditions of approval and are made binding on the applicant through these findings. [SEIR, Subchapter 4.2.4, p. 81-83] The project applicant would be required to make fair-share contributions as mitigation for cumulative traffic impacts. These cumulative transportation improvements are also described in the proposed Public Facilities Financing Plans for the EastLake Trails and EastLake Greens SPAs. For each of the project scenarios (i.e., Years 2000, 2005, 2010, and Buildout), the PFFPs describe the transportation development impact fees based on equivalent dwelling units by project phase. The proposed PFFPs identify the development impact fees that the applicant needs to pay to mitigate impacts, the estimated cost of the facility, and the applicant's obligation to construct and/or pay for the necessary mitigation. Payment of the fees would be required at the time building pennits are issued. Year 2000 (without SR-125) The following mitigation measures would reduce cumulative impacts for street segments and intersections for the year 2000 without SR-125: 29 . Extend Olympic Parkway eastward to Hunte Parkway. The level of service (LOS) improvement at the Telegraph Canyon Road/I-805 (LOS F to LOS C) southbound ramps intersection between years 2000 and 2005 is principally due to the Olympic Parkway construction. · Continued freeway planning efforts and deficiency planning by Caltrans and SANDAG to determine acceptable mitigation strategies for the regional freeway system. The City of Chula Vista is willing to review and consider participating in a regional deficiency plan as developed and approved by SANDAG, CaItrans, and all other local jurisdictions. Year 2005 (without SR-125) The following mitigation measures would reduce cumulative impacts for street segments and intersections for the year 2005 without SR-125: · Construct SR-125 as a toll road, which would mitigate the segment impact on East H Street. · Improve Otay Lakes Road to a six-lane Major street standards between East H Street and Telegraph Canyon Road if SR-125 is not constructed, is not under construction, or construction is not imminent. For purposes of this mitigation measure, "imminent" shall mean approved and funded. · Improve Olympic Parkway between 1-805 and Paseo Ranchero to Prime Arterial standards. · Continued freeway planning efforts and deficiency planning by CaItrans and SANDAG to detennine acceptable mitigation strategies for the regional freeway system. The City of Chula Vista is willing to review and consider participating in a regional deficiency plan as developed and approved by SANDAG, Caltrans, and all other local jurisdictions. Year 2005 (with SR-125) The following mitigation measures would reduce cumulative impacts for freeways for the year 2005 without SR-125: · Continued freeway planning efforts and deficiency planning by Caltrans and SANDAG to determine acceptable mitigation strategies for the regional freeway system. The City of Chula Vista is willing to review and consider participating in a regional deficiency plan as developed and approved by SANDAG, Caltrans, and all other local jurisdictions. 30 Year 2010 (with SR-125) The following mitigation measures would reduce the cumulative impacts for intersections, street segments, and freeways for the year 2010: Indirect . Improve Lane A venue between Proctor Valley Road and Otay Lakes Road to four-lane Major street standards. . Improve Otay Lakes Road (SR-125 to EastLake Parkway) to eight lanes. . Continued freeway planning efforts and deficiency planning by Caltrans and SANDAG to determine acceptable mitigation strategies for the regional freeway system. The City of Chula Vista is willing to review and consider participating in a regional deficiency plan as developed and approved by SANDAG, Caltrans, and all other local jurisdictions. Buildout Conditions The following mitigation measures would reduce cumulative impacts for street segments under buildout conditions: . Improve EastLake Parkway between Otay Lakes Road and SR-125 to six- lane Major street standards. . Continued freeway planning efforts and deficiency planning by Caltrans and SANDAG to determine acceptable mitigation strategies for the regional freeway system. The City of Chula Vista is willing to review and consider participating in a regional deficiency plan as developed and approved by SANDAG, Caltrans, and all other local jurisdictions. The mitigation measures identified in Chapter 4.2 would reduce direct transportation/traffic circulation impacts associated with the proposed EastLake Trails/Greens Replanning project vicinity. Application of these additional measures to the proposed project and other projects in the area would reduce the cumulative impacts associated with increased traffic on area roadways to below a level of significance. However, at buildout the significant freeway cumulative impacts would not be mitigable to below a level of significance. It should be noted that some of the improvements, such as the near-term widening of 1-805, may be infeasible due to funding constraints. Therefore, the cumulative impacts to freeway segments would not be fully mitigated. 31 B. AIR OUALITY Cumulative Effects: Because the San Diego Air Basin is nonattainment for ozone and PM-lO, the incremental increase in air pollutants generated from the project combined with air quality impacts from surrounding projects will result in a cumulatively significant impact to air quality in the San Diego Air Basin. [SEIR, Subchapter 4.2 and Chapter 5.0, pp.79 through 83 and p. 195] Finding: Pursuant to section 15091 (a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project which will avoid the significant direct environmental effect as identified in the Subsequent EIR. No mitigation for cumulatively significant air quality impacts is available other than compliance with the goals and objectives of the Regional Air Quality Strategies. Mitigation Measures: The following mitigation measures are feasible and are required as conditions of approval and are made binding on the applicant through these findings. [SEIR, Subchapter 4.2.4, p. 81-83] The project is consistent with the goals and objectives of the Regional Air Quality Strategies. No feasible mitigation is available to reduce cumulatively significant air quality impacts to below a level of significance. x. FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES Because the project will cause some unavoidable significant environmental effects, as outlined above the City/County must consider the feasibility of any environmentally superior alternative to the project, as finally approved. The City must evaluate whether one or more of these alternatives could avoid or substantially lessen the unavoidable significant environmental effects. In general, in preparing and adopting findings a lead agency need not necessarily address feasibility when contemplating the approval of a project with significant impacts. Where the significant impacts can be mitigated to an acceptable (insignificant) level solely by the adoption of mitigation measures, the agency, in drafting its findings, has no obligation to consider the feasibility of environmentally superior alternatives, even if their impacts would be less severe than those of the project as mitigated. Laurel Heights Improvement Association v. Regents of the University of California (1988) 47 Ca1.3d 376 [253 Cal. Rptr. 426]; Laurel Hills Homeowners Association v. City Council (1978) 83 Cal.App.3d 515 [147 Cal. Rptr. 842]; see also Kings County Farm Bureau v. City of Hanford (1990) 32 221 Cal.App.3d 692 [270 Cal. Rptr. 650]. Accordingly, for this project, in adopting the findings concerning project alternatives, the City Council considers only those environmental impacts that, for the finally approved project, are significant and cannot be avoided or substantially lessened through mitigation. Where, as in this project, significant environmental effects remain even after application of all feasible mitigation measures identified in the Subsequent EIR, the decisionmakers must evaluate the project alternatives identified in the Subsequent EIR. Under these circumstances, CEQA requires findings on the feasibility of project alternatives. "Feasible" means capable of being accomplished in a successful manner within a reasonable time, taking economic, environmental, legal, social, and technological factors into account. [CEQA Guidelines section 15364] If project alternatives are feasible, the decisionmakers must adopt a Statement of Overriding Considerations with regard to the project. If there is a feasible alternative to the project, the decisionmakers must decide whether it is environmentally superior to the project. Proposed project alternatives considered must be ones which "could feasibly attain the basic objectives of the project." However, the Guidelines also require an EIR to examine alternatives "capable of eliminating" environmental effects even if these alternatives "would impede to some degree the attainment of the project objectives." [CEQA Guidelines section 15126] The City has properly considered and reasonably rejected project alternatives as "infeasible" pursuant to CEQA. CEQA provides the following definition of the term "feasible" as it applies to the findings requirement: "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors." [Pub. Resources Code section 21061.1] The CEQA Guidelines provide a broader definition of "feasibility" that also encompasses "legal" factors. CEQA Guidelines section 15364 states, "The lack of legal powers of an agency to use in imposing an alternative or mitigation measure may be as great a limitation as any economic, environmental, social, or technological factor." Accordingly, "feasibility" is a term of art under CEQA and thus may not be afforded a different meaning as may be provided by Webster's Dictionary or any other sources, Moreover, Public Resources Code section 21081 governs the "findings" requirement under CEQA with regard to the feasibility of alternatives. Specifically, no public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings: 33 (I) "[c]hanges or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR." [CEQA Guidelines, 15091, subd. (a)(I)] (2) "such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. [CEQA Guidelines, 15091, subd. (a)(2)] (3) "[s]pecific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR." [CEQA Guidelines, 15091, subd. (a)(3)] Public Resources Code section 21061.1 defines "feasible" to mean "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors." CEQA Guidelines section 15364 adds another factor: "legal" considerations. (See also Citizens of Goleta Valley v. Board of Supervisors (1990) 52 CaI.3d 553,565 [276 CaL Rptr. 410].) The concept of "feasibility" also encompasses the question of whether a particular alternative or mitigation measure promotes the underlying goals and objectives of a project. (City of Del Mar v. City of San Diego (1982) 133 CaLApp.3d 410, 417 [183 CaL Rptr. 898]) "'[F]easibility' under CEQA encompasses 'desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors." (Ibid.; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 CaLApp.4ili 704,715 [29 Cal.Rptr.2d 182]) These findings contrast and compare the alternatives where appropriate in order to demonstrate that the selection of the finally approved project, while still resulting in significant environmental impacts, has substantial environmental, planning, fiscal and other benefits. In rejecting certain alternatives, the decisionmakers have examined the finally approved project objectives and weighed the ability of the various alternatives to meet the objectives. The decisionmakers believe that the project best meets the finally approved project objectives with the least environmental impact. The Final SEIR for the project examined alternatives to the proposed project to detennine whether it could meet the project objectives while avoiding or substantially lessening one or more of the project's significant impacts. The findings below examine alternative to detennine feasibility. 34 A. NO PROJECT ALTERNATIVE Under the No Project alternative, the EastLake Trails project site and the "Land Swap" parcels would remain in their existing undeveloped condition. The direct impacts associated with project implementation and the potentially significant cumulative impacts related to proposed and approved developments in the area would not occur under this scenario. These impacts include impacts to wetland habitats in Salt Creek, landfonn alteration and aesthetic character, runoff and erosion patterns, noise, and traffic circulation. However, EastLake Trails, as part of the City of Chula Vista General Plan and adopted EastLake II GDP, is an area planned for development in the city of Chula Vista, and it is likely that similar development would again be proposed for the site in the future. The No Project alternative would not accomplish the goals of the proposed project (i.e., a variety of housing types and accompanying planned community land uses). Finding; 1. This alternative would not achieve the open space goals of the Chula Vista General Plan and adopted General Development Plan. Specifically, the preservation and enhancement within the Salt Creek corridor associated with the proposed project would not occur and no substantial open space preservation would result from the No Project alternative. 2. This alternative conflicts with the housing goals of the General Plan, which recommends that housing be provided for all income groups. Housing costs in the Future Urbanizing Area would be too high for employees in nearby job sites. 3. This alternative provides little or no support for public transit, conflicting with the adopted General Plan transit goals. 4. Retention of the project site in its existing state as primarily agricultural fields would be inconsistent with the approved General Plan and adopted EastLake General Development Plan land use designations for the site. This alternative would not take advantage of the opportunity to contribute open space and would not provide the housing opportunities envisioned in the General Plan. In addition, key subregional traffic routes established in the Circulation Element would not be implemented. 5. Also, retention of the site in its current vacant condition would not implement the goals of the General Plan and would require reevaluation of the adopted GDP. The project proposes to provide regional-serving public facilities designated in the community plan, including Circulation Element roads, schools, parks, open space, 35 water conveyance facilities, and other infrastructure. These facilities would be needed to support surrounding developments whether the project is implemented or not. The No Project alternative would require that these facilities be provided without the benefit of the dedications and financial participation from private development, which may delay or preclude facilities from being provided. The reduction in dwelling units will result in a loss of contributions into the PFFP from the dwelling units/structures that would otherwise have made payments upon issuance of building pennits. The loss of units under the No Project alternative would result in a shortfall of contributions into the PFFP and potentially lead to insufficient funding for the remaining public facilities currently identified in the PFFP for construction in this area. 6. The City and County would receive much lower long-tenn revenues in the fonn of property and sales tax, resulting from the non-development of residential. B. DEVELOPMENT CONSISTENT WITH ADOPTED PLANS An alternative land use concept to the proposed project would be to implement the adopted GDP and not proceed with the proposed amendments and corresponding SPA Plan for the Trails and SPA Plan Amendment for the Greens (see Figures 3-1 and 3-3 in the Final SEIR). Under this scenario, the "Land Swap" parcels would not be included in the Greens SPA, would not be annexed into the EastLake II GDP, and would remain as part of the Otay Ranch GDP as adopted in 1995. The land uses adopted for the Trails would remain as shown in the existing EastLake II GDP. Implementation of this alternative would not substantially affect the significance of the impacts associated with the proposed EastLake Trails and "Land Swap" parcels project. However, this scenario would retain the commercial land use designation at the intersection of Hunte Parkway and Otay Lakes Road and would increase the overall number of residential dwelling units within the EastLake Trails SPA by approximately 90 units. As such, there would be minor incremental increases in the impacts associated with the proposed EastLake Trails SPA Plan Amendment. The land uses shown for the "Land Swap" parcels are entirely consistent with those adopted under the Otay Ranch GDP and are also consistent with the Chula Vista General Plan. Retention of the "Land Swap" parcels as part of the Otay Ranch GDP would not affect the environmental impacts described in the SEIR. Finding; I. The resulting site design under this alternative would not implement the land use concepts/objectives associated with the proposed project. The site design under the adopted GDP would not accommodate the open space enhancement/public recreational values created within the Salt Creek corridor under the proposed 36 project. Also, this alternative would not implement the revision to the internal circulation pattern which allows the open space within Salt Creek to be buffered by a perimeter roadway rather that residential lots. 2. In addition, the location of the elementary school shown in the adopted plan would not be acceptable to the Chula Vista Elementary School District and would provide less integration of the school/residential uses from a land use planning perspecti ve. XI. STATEMENT OF OVERRIDING CONSIDERA TrONS FOR THE PROPOSED EASTLAKE TRAILS/GREENS REPLANNING PROGRAM SEIR The project would have significant, unavoidable impacts on the following areas, described in detail in these Findings of Fact: . Landfonn Alteration/Visual Quality (direct and cumulative); . Biological Resources (direct and cumulative); . Hydrology and Water Quality (direct and cumulative); . Paleontology (direct); . Public Facilities (direct); . Transportation, Circulation, and Access (direct and cumulative); . Air Quality (cumulative); and . Noise (direct). The City has adopted all feasible mitigation measures with respect to these impacts. Although in some instances these mitigation measures may substantially lessen these significant impacts, adoption of the measures will, for many impacts, not fully avoid the impacts. Moreover, the City has examined a reasonable range of alternatives to the project. Based on this examination, the City has determined that none of these alternatives both (I) meet project objectives and (2) is environmentally preferable to the finally approved project. 37 ---'-~-"----"-'----------- -~..._._..'.__.._"- As a result, to approve the project the City must adopt a "statement of oveniding considerations" pursuant to CEQA Guidelines sections 15043 and 15093. This statement allows a lead agency to cite a project's general economic, social or other benefits as a justification for choosing to allow the occurrence of specified significant environmental effects that have not been avoided. The statement explains why, in the agency's judgment, the project's benefits outweigh the unavoidable significant effects. Where another substantive law (e.g., the California Clean Air Act, the Federal Clean Air Act, or the California or Federal Endangered Species Acts) prohibits the lead agency from taking certain actions with environmental impacts, a statement of oveniding considerations does not relieve the lead agency from such prohibitions. Rather, the decisionmaker has recommended mitigation measures based on the analysis contained in the final SEIR, recognizing that other resource agencies have the ability to impose more stringent standards or measures. CEQA does not require lead agencies to analyze "beneficial impacts" in an EIR. Rather, EIRs are to focus on potentia] "significant effects on the environment," defined to be "adverse." [Pub. Resources Code section 21068] The Legislature amended the definition to focus on "adverse" impacts after the California Supreme Court had held that beneficial impacts must also be addressed. Nevertheless, decisionmakers benefit from infonnation about project benefits. These benefits can be cited, if necessary, in a statement of oveniding considerations. [CEQA Guidelines section 15093] The City finds that the project would have the following substantial social, environmental, and economic benefits: 1. The project would place approximately 15.2 acres in open space for the benefit of residents, the public, and wildlife. The proposed designation of the open space, would provide an improved transition to Salt Creek and the habitat preserve areas to the south identified in the Chula Vista Multiple Species Conservation Program Draft Subarea Plan. 2. The overall project area from a cumulative standpoint currently exceeds Federal and State air quality standards for a number of emissions factors, including ozone and carbon monoxide. A substantial majority of these emissions are attributable to motor vehicles. In order to comply with the Federal and California Clean Air Acts, the San Diego region must reduce these sources. The project is designed to reduce the adverse impact to air quality and automobile congestion that would otherwise result if jobs and housing were provided for in a typical suburban development pattern. The project accomplishes this goal through its location and design by promoting linkage of trips, reduced trip length and encourage use of alternative modes of transportation such as biking, walking, and use of transit. 38 3. The project will provide for significant community-wide public facilities. As the plan is implemented, it will be responsible for constructing on-site a significant portion of the public facilities and infrastructure required serving the subregion. These facilities include: a) Improvements to regional backbone circulation system, including Olympic Parkway, Otay Lakes Road, EastLake Parkway, and Hunte Parkway. In addition, the "Land Swap" parcels accommodate the right-of-way for SR-125. b) Schools serving the subregion including the on-site elementary school. c) A community park with fields and community buildings. d) Water line and sewer infrastructure improvements that serve the larger subregion. 4. The project is generally consistent with and implements the land use designations of the adopted General Plan and General Development Plan, provides a mix of land uses that provides housing opportunities, recreational opportunities, and the public facilities in the Eastern Territories of the City of Chula Vista. As such, the project provides the opportunity to complete the comprehensive planning process initiated for the overall EastLake Planned Community in 1982. 5. The project will help meet a projected long-tenn regional need for housing by providing a wide variety of housing types and prices. SANDAG housing capacity studies indicate a shortage of housing will occur in the project area within the next 20 years. In recent years, the cost of housing compared to other uses has risen disproportionate to the cost of other uses in the project area (e.g., commercial, industrial), reflecting a shortfall in residentially zoned land. The project will help reduce the cost of housing by designating an adequate supply of suitable land for residential development. The proposed range of residential densities within EastLake Trails and southern "Land Swap" parcel will result in housing types and prices that will promote socioeconomic diversity, which the City finds both important and desirable. 6. The fiscal impact analysis conducted for the EastLake Trails/Greens Replanning Process has concluded that, at buildout, the project will have a net positive impact on the City of Chula Vista. In addition, the approval of this project will result in an increased generation of real property tax revenue for the City of Chula Vista. The City would receive real property tax increment revenues attributable to the increased value of improved real property associated with the 1,170 dwelling units for the project. Based on the assessed value of the land with implementation of 39 .._,_._.._.._~__..,_ U ._.~."...~.__"___'.__m_ the proposed improvements and a standard tax rate of 1.25 percent, total property tax for the proposed units (assuming an average valuation of $250,000 per dwelling unit) would be approximately $3,656,250 per tax year. A portion of these property taxes would be paid to the City. It should be noted that the estimated real estate values and the tax rate used to calculate the property tax are subject to change as individual phases of the project are implemented. 7. The project would generate new temporary construction-related jobs that would enhance the economic base of the region. For these reasons on balance, the City Council finds there are economic, social, and other considerations resulting from the project that serve to override and outweigh the project's unavoidable significant environmental effects, and thus, the adverse unavoidable effects are considered acceptable. 40 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (FEIR 97-04) FOR THE EASTLAKE TRAILS/GREENS REPLANNING PROGRAM' , MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM. WHEREAS, the City of Chula Vista ("City") circulated a request for proposals to prepare an environmental impact report for the EastLake Trails/Greens Replanning Program and selected the firm of Regional Environmental Consultants (RECON) to prepare the Environmental Impact Report (EIR). On February 11, 1998, the City, RECON and EastLake Development Company (" Applicant"), entered into a three-party contract, where the City managed the preparation of the ErR, RECON prepared the ErR, and EastLake Development Company reimbursed the City for the full cost of EIR preparation; and, WHEREAS, a Draft EIR was issued for public review on July 24, 1998, was reviewed by the Resource Conservation Commission on August 17, 1998, and was processed through the State Clearinghouse; and, WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing on the Draft EIR on August 26, 1998; and, WHEREAS, RECON prepared a Final Subsequent Environmental Impact Report (FEIR 97-03) on the EastLake Trails/Greens Replanning Program; and, WHEREAS, the Final SFEIR incorporates, by reference, the prior EIRs that address the subject property including the Master EIR for EastLake (EIR 81-3) and the Final EIR for the EastLake Greens SPA and EastLake Trails prezone and annexation (EIR 86-4), as well as their associated Findings ofF act and Mitigation Monitoring and Reporting Programs. EIR was completed in February, 1982 and EIR 86-4 was certified by the Chula Vista City Council on July 18, 1989, and, WHEREAS, to the extent that these Findings of Fact conclude that proposed mitigation measures outlined in the Final EIR are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement those measures. These findings are not merely informational or advisory, but constitute a binding set of obligations that will come into effect when the City adopts the resolution approving City Council EastLake GreensrTrails Replanning SEIR Resolution (h: Ihomelplanninglmarilynleastlakelstaff.rptlce-reso. wpd) Page I the Project. The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings of Fact and will be effectuated through the process of implementing the Project. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chula Vista does hereby find, determine, resolve and order as follows: L PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearings on the Draft EIR held on August 26, 1998, their public hearing on this project held on November 11, 1998 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 21167.6, subdivision(s), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act ("CEQA") (Pub. Resources Code 921000 et seq.). II. FEIR CONTENTS That the FEIR consists of the following: 1. Master EIR for EastLake (EIR 81-3) 2. Supplemental EIR for EastLake Greens SPA and EastLake Trails Prezone (EIR 86-4) (all hereafter collectively referred to as "FSEIR 97-04") IlL FEIR REVIEWED AND CONSIDERED That the City Council of the City ofChula Vista has reviewed, analyzed and considered FEIR 97-04 and the environmental impacts therein identified for this Project, the Findings of Fact and the Statement of Overriding Considerations (Exhibit "A" to this Resolution, known as document number ~, and the proposed mitigation measures contained therein, and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution, known as document number ~, prior to approving the Project. Copies of said Exhibits are on file in the office ofthe City Clerk. City Council EastLake GreensfTrails Replanning SEIR Resolution (h: Ihomelplanninglmarilynleastlakelstatf.rptlee-reso. wpd) Page 2 IV. CERTIFICATION OF COMPLIANCE WITH CALIFORNIA ENY.IRONMENTAL QUALITY ACT That the City Council does hereby find that FEIR 97-04, the Findings of Fact and the Statement of Overriding Considerations (Exhibit "A" to this Resolution), and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution) are prepared in accordance with the requirements of CEQA (Pub. Resources Code, ~21000 et seq.) the CEQA Guidelines (California Code Regs. title 14, ~15000 et seq.), and the Environmental Review Procedures of the City ofChula Vista. V. INDEPENDENT nJDGMENT OF CITY COUNCIL That the City Council finds that the FEIR 97-04 reflects the independent judgment of the City of Chula Vista City Council. VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS A. Adoption of Findings of Fact The City Council does hereby approve, accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the Findings of Fact, Exhibit "A" of this Resolution, known as document number -' a copy of which is on file in the office of the City Clerk. B. Statement of Overriding Consideration Even after the adoption of all feasible mitigation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the project, or cumulatively, will remain. Therefore, the City Council of the City of Chula Vista hereby issues, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations in the form set forth in Exhibit "A", known as document number -' a copy of which is on file in the office of the City Clerk, identifYing the specific economic, social and other considerations that render the unavoidable significant adverse environmental effects acceptable. C. Certain Mitigation Measures Feasible and Adopted As more fully identified and set forth in FEIR 97-04 and in the Findings ofFact for this project, which is Exhibit "A" to this Resolution, known as document number -' a copy of which is on file in the office of the City Clerk, the City Council 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. D. Infeasibility of Mitigation Measures As more fully identified and set forth in FEIR 97-04 and in the Findings of Fact for this project, which is Exhibit "A" to this Resolution, known as document number _, a copy of which is on file in the office of the City Clerk, certain mitigation measures described in the above-referenced documents are infeasible. E. Infeasibility of Alternatives As more fully identified and set forth in FEIR 97-04 and in the Findings of Fact, Section XII, for this project, which is Exhibit "A" to this Resolution, known as document number --' a copy of which is on file in the office of the City Clerk, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that alternatives to the project, which were identified as potentially feasible in FEIR 97-04, were found not to be feasible. F. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081. 6, City Council hereby adopts Mitigation Monitoring and Reporting Program ("Program") set forth in Exhibit "8" of this Resolution, known as document number -----' 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 feasible mitigation measures identified in the Findings of Fact and the Program. VII. NOTICE OF DETERMINATION That the Enviromnental 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 decision-makers, including documents specified in Public Resources Code Section 21167.6, subdivision(s), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act ("CEQA") (pub. Resources Code 921000 et seq.). PASSED, APPROVED and ADOPTED by the City Council of the City ofChula Vista, California, this 24th day of November 1998 by the following vote, to wit: AYES: NOES: ABSENT: Shirley Horton, Mayor ATTEST Beverly A. Authelet, City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) 1, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certifY that the foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a City Council meeting held on the 24th day of November, 1998. Executed this 24th day of November, 1998. Beverly A. Authelet, City Clerk Exhibits Exhibit A: Findings of Fact and Statement of Overriding Considerations Exhibit B: Mitigation Monitoring Progyam H:\HOJ\.1E\PLANNING\MARIL YN\EASTLAKE\ST AFF-RE\CC-RESO.WPD PLAN1\ThG COMMISSIO~ AGENDA STA TEME]\,T Item: 2 Meeting Date: 08/26/98 ITEM TITLE: Public Hearing: EIR 97-04; Consideration of comments on the EastLake Trails/Greens Replanning Program Subsequent Environmental Impact Report (SEIR) The public hearing on the EastLake Trails/Greens is intended to solicit comments ITom the Planning Commission and the public on the Draft SEIR. The DSEIR began public review on July 24, 1998. A 3D-day shortened review period was granted by the State. City of Chula Vista procedures require the Planning Commission to hold a public hearing to receive public comments on the Draft SEIR. The DSEIR public review period ends with the closing of the Planning Commission public hearing. ISSUES: The following impacts were identified as significant in the Draft SEIR: . TransportationfTraffic Circulation (Direct and Cumulative) . Biological Resources (Direct) . Hydrology/Drainage (Direct) . Landform AlterationMsual Quality (Direct) . Noise (Direct) . Paleontology (Direct) . Air Quality (Cumulative) . Public Facilities RECOMMENDATION: That the Planning Commission conduct the public hearing on the DSEIR (EIR 97-04), close the public hearing and EIR public review period and direct staff to prepare the Final EIR including: Responses to the comment letters received to date and testimony at the public hearings, Findings of Fact and Statement of Overriding Considerations. BOARDS/COMMISSION RECOMMENDATION: The Resource Conservation Commission (RCC) met on August 17, 1998 to review the DSEIR. A motion was made to recommend approval of the EIR subject to conditions. Those conditions are in the RCC minutes which will be available prior to the public hearing. ~ '" .'"'. Page 2, Item 2 Meeting Date 08/26/98 DISCUSSION: A. Background Tnis document is a "Subsequent EIR", which means that it is tiered off previously certified EIRs. Both EastLake Trails and Greens have been previously addressed in several EIRs, including the original Master EIR for EastLake (EIR 81-3), the Final EIR for EastLake Greens SPA and the EastLake Trails prezone and annexation (EIR 86-4). Although the Trails was addressed in the previous documents, specific impacts for the Trails were not adequately addressed because planning for that portion of the project had not progressed to a stage where sufficient detail was available to do a complete impact analysis. Therefore, although many issues have been addressed previously, an SEIR was required for this project for two reasons: 1) to determine if the previous environmental review was still accurate in light of the more detailed plans that are now available; and 2) in order to make a determination that the infonnation contained in the previous documents was still timely and to the extent that it was not, to update it. B. Project Description The DSEIR evaluates the impacts associated with the replanning ofEastLake Trails and EastLake Greens. The Greens neighborhood, which has an adopted SPA, consists of 853 _2 acres and contains a wide range of residential densities totaling 2,738 dwelling units and other support services. The EastLake Trails neighborhood, which does not have an adopted SPA, consists of 322.2 acres and contains residential land use designations for 1,260 dwelling units and a 15 acre commercial site. In 1992, the EastLake and Baldwin Companies completed a land exchange involving three parcels known as the "Land Swap" parcels. As a result of this transaction, one of the "Land Swap" parcels was added to the Otay Ranch GDP. The remaining two parcels are now proposed to be incorporated into the EastLake Greens SPA and the EastLake IT GDP. The two "Land Swap" parcels proposed to be added at this time consist of 141.7 acres. The purpose of the proposed planning program is to incorporate the "Land Swap" parcels into the EastLake IT GDP, EastLake Greens SPA and other associated documents; and to replan the land use distribution and adopt a SPA plan, with associated regulatory documents for the Trails neighborhood. Page 3, Item: 2 Meeting Date: 08/26/98 Discretionary approvals that will be necessary to complete the replanning process are: 1. An amendment to the Chula Vista General Plan. 2. Amendments to the EastLake IT General Development Plan. 3. Amendment to the EastLake Greens SPA Plan to incorporate the "Land Swap" parcels into the SPA Plan and amendment to the associated documents, including (a) EastLake IT Planned Community District Regulations, (b) EastLake Greens Air Quality Improvement Plan, (c) EastLake Greens Water Conservation Plan, (d) EastLake Greens Public Facilities Financing Plan, and ( e) EastLake Greens Design Guidelines. 4. New Sectional Planning Area plan and associated documents, including: (a) Planned Commtmity District Regulations, (b) Air Quality Improvement Plan, ( c) Water Conservation Plan, (d) Public Facilities Financing Plan, (e) Design Guidelines, (f) Affordable Housing Program and changes, if any, in the circulation system. 5. Development Agreement between the City of Chula VIsta and The EastLake Company. Modilications to the EastLake IT Plan would consist of the following: EastLake Greens Changes in the EastLake Greens land use designations are restricted to the "Land Swap" parcels and the southwest comer of the adopted SPA Plan adjacent to the southern "Land Swap" parcel (see Figure 1). This southwestern comer is undeveloped and is separated from the part of EastLake Greens where development has begun or is completed by the alignment of the Second San Diego Aqueduct, marked by an Open Space designation in both the 6.3 acres adopted and proposed SPA Plans. In that area, the proposed project would remove the "Future Urban" designation and expand the "R-9" designation from 8.5 to 58.1 acres. The SPA target density for the R-9 designation is proposed for an increase from 5.3 dulac to 11.5 dulac, yielding 750 units_ Consequently, the total for the EastLake Greens SPA would increase by 705 units, from 2,738 to 3,443_ Nonresidential land use changes between the adopted and proposed EastLake Greens SPA Plan would include the removal of the "Future Urban" category, the addition of a "Freeway Commercia!" designation to 50.7 acres in the western part of the southern "Land Swap" parce~ and the addition of the ''Professional and Adm.inistrarive" designation to 24.7 acres in the norther "Land Swap" parcel. The area of the "Major Circulation" category would increase by 17.9 acres, and 5 acres would be added to the OS-5 "Open Space" category. The OS-5 category would be an interim designation, subject to a future SPA amendment for consistency with the General Plan. Page 4, Item: 2 Meeting Date: 08/26/98 Tnere are no changes proposed to the developed and developing areas ofEastLake Greens. The only cchange" is the addition of the "Land Swap" parcel to the EastLake Greens SPA Tne two "Land Swap" parcels consist of the following land uses: . 24.7 acres of office . 750 multi-family dwelling units . 50.7 acre retail site. EastLake Trails No SPA Plan has been adopted for the EastLake Trials neighborhood, but the proposed SPA Plan differs in some respects iTom the adopted EastLake IT GDP. These changes consist of: . Reconfiguration of the internal circulation system. . Eliminating the "Retail" (C) designation in the northwest comer of the SPA. . EIiminaring two areas designated for "Public and Quasi-public" use (P/Q) in the northern and central parts of the SPA and adding 4.5 acres of community purpose facility land use designation. . Adding an elementary school site in the west-central part of the SPA. . Changing the configuration of the public park area in the Salt Creek drainage (P-1 and P-2), eliminating the central parks and recreation site, adding a private recreation site (P-3) adjacent to the community park. . Adding a "Future Urban" (FU-1) designation to areas east of Salt Creek, with further planning of these areas to occur concurrent with similar-level planning for the adjoining EastLake Vistas neighborhood in the EastLake III GDP. . Adding 4.5 acres of community purpose facility land use designation (PQ). For the purposes of this analysis, the EastLake Trails project consists ofthe following land uses. . 1,120 single-family dwelling units . 13 gross acres (10 net acre) elementary school . 28.2 acres of passive park . 24.1 acres of active park. Page 5, Item 2 Meeting Date: 08/26/98 C. Analysis Ea!:h issue identified in the Notice of Preparation (NOP) was anaJyzed in the SEIR to determine if it would have a significant impact on the environment. Direct project level and cumulative impacts have been identified for the project. A cumulative impact is one in which the project contributes to the impact along with all of the other projects reasonably being anticipated in the vicinity. If the project results in a cumulative impact, it means that by itself this project would not have resulted in a significant impact (effect). However, when it is considered with all of the other projects currently anticipated, together they all result in a significant impact. Several cumulative impacts do not have mitigation measures proposed (i.e., traffic impacts) because in some cases the cumulative impact is beyond the control of anyone developer to mitigate. In those cases either regional solutions are identified as mitigation measures, or the result is a significant unmitigated impact (i.e., impacts to :freeway segments). TransDortationfTraffic Circulation (Direct and Cumulative) In the Year 2000, significant D1111111:<rive impacts would occur on East "H" Street between I-80S and Terra Nova Drive and on Telegraph Canyon Road between I-80S and Paseo del Rey. Significant cnmnlmive impacts will occur at the East "If' StreetII-805 southbound ramps and Telegraph Canyon RoadlI-805 southbound ramps intersections. (please see Engineering Department comment memo on the DSEIR regarding future improvements to East "If' Street.) In addition, significant cumulative impacts will occur on I-80S between East ''If' Street and Bonita Road. Mitigation measures to reduce impacts to less than significant include the future construction of SR- 125, improving the section of Telegraph Canyon Road near I-80S to Prime Arterial standards, providing a fourth eastbound through lane and a third northbound right-turn lane, as planned by the City, at the East "If' Street and I-80S southbound ramps and extending Olympic Parkway eastward to Paseo Ranchero. In the Year 2005, without SR-125, significant cumulative impacts are calculated to occur on East "If' Street between I-80S and Terra Nova Drive (beyond impacts identified in Year 2000 and mitigated for), on Otay Lakes Road between East "If' Street and Telegraph Canyon Road, and on Olympic Parkway between I-80S and Paseo Ranchero. Significant cumulative impacts will occur at the intersections of East "If' Street/I-805 southbound ramps and Telegraph Canyon Road/I-805 southbound ramps. There are also significant cumulative impacts to segments ofI-805. Mitigation measures to reduce these impacts to less than significant include construction of SR-125 (which is scheduled) andlor improving Otay Lakes Road to six-lane Major street standards. In the Year 2010, with SR-125, only one project direct traffic impact was identified. The model indicates,that in the Year 2010 (with SR-125), the intersection ofOtay Lakes Road and Lane Avenue Page 6, Item: 2 Meeting Date 08/26/98 will operate at Level of SeJVice F during the AM and PM peak hours unless mitigated by providing additional right- and left-hand turn lanes. In addition, significant cumulative impacts would occur on Otay Lakes Road between SR-12S and EastLake Parkway, on EastLake Parkway between Otay Lakes Road and Clubhouse Drive and on Lane Avenue between Proctor Valley Road and Otay Lakes Road. Mitigation of these impacts to a level of less than significant would be attained by the street improvements outlined in the SEIR. FmaIIy, in the Buildout scenario significant cumulative impacts would occur on EastLake Parkway between north of Otay Lakes Road and Clubhouse. No project specific impacts are identified at Buildout. . - - -- - For the years 2000, 2005, 2010 and Buildout significant cumulative impacts are identified for segments ofI-80S. The mitigation for these impacts is continued fi-eeway planning efforts by CalTrans and SANDAG to determine acceptable mitigation strategies for regional fi-eeway system. These impacts are all considered significant cumulative impacts. Freeway improvements are regional in nature and beyond the control of either a single developer or the City. Therefore, impacts to fi-eeways are considered r:mTml~tively significant and can not be fully mitigated to a level of]ess than significant. Biolo~cal Resources The majority of the project site has been used for agricultural pUIposes for the past several years. The Salt Creek corridor runs north-south along the eastern boundary of the Trails. Construction and grading associated with the proposed Salt Creek linear park and other land uses would directly impact willow wetland and non-wetland jurisdictional waters within the northern portion of the Salt Creek wetland area. This is a project specific direct impact. Mitigation for these impacts include the enhancement and creation of riparian vegetation within the Salt Creek Corridor at a ratio of 1 : 1 with approval of a mitigation plan by the City. Approval of the mitigation plan by the City of Chula Vista would also be subject to a 1603 Stream bed alteration permit and the Section 404 pennitting process. HvdrologylDrainage The proposed grading plan would alter existing runoff patterns by leveling hills and fil1ing in on-site drainages. It will cause an increase in the amount of runoff and would have potentially significant impacts on downstream drainage facilities and water quality. The project area does contain an existing detention basin in Salt Creek, north of Olympic Parkway at the southern end of the site. The use of detention basins to control runoff discharge and the implementation of water quality mitigation measures would reduce the impact to less than significant. The project does incorporate a second Page 7, Item: 2 Meeting Date 08/26/98 detention basin upstream of the existing basin within the Salt Creek corridor. Mitigation measures include hydroseeding and landscaping cut/fill slopes, erosion control measures during grading, etc. Landform AlterationNisual Ouality The project will result in a direct project specific significant impact on-site landform and visual quality. The visual character will change !Tom agricultural to planned community. The entire site will be graded. In addition, cumulative night-sky illumination impacts would occur however, this impact is not significant. Provisions within the SPA Plan Design Guidelines will reduce the landform alteration and visual quality impacts to a level ofless than significant. Noise Based on the City's noise standards, significant noise impacts would occur as a result of vehicular noise associated with adjacent roadways. Significant noise impacts to the Trails would be !Tom traffic along Otay Lakes Road, Hunte Parkway and Olympic Parkway. Although there is a potential for noise impacts to porrions of the northern "Land Swap" ITom future SR-125 the likelihood of this occurring is substantially rlirnin;~hed because of the restrictions on building placement due to a SDG&E high-tension power line easement that runs through the site. The southern "Land Swap" parceJ will have significant noise impacts ITom vehicular traffic on Olympic Parkway and EastLake Parkway. Methods for noise reduction are recommended for the Trails and the Southern "Land Swap" parcel such as barriers and berms as well as detailed acoustical studies prior to the issuance of building permits. Acoustical studies are recommended for the norther "Land Swap" parcel when detailed site plans are availab]e to assure that any noise impacts are mitigated. Cultural ResourcesIPaleontolOlrical Resources Impacts to the identified significant archaeological sites and prehistoric sites have been adequately mitigated for based on previous EIRs. There is still the potential for paleontological resources which could be discovered during the grading operations. Mitigation measures requiring monitoring by a Paleontologist and collection and storage of any fossils founds have been included in the SEIR. Air Ouality The proposed project will result in a short-term project specific significant impact as a result of grading and construction operations. Mitigation measures have been included in the SEIR for dust control during these operations and the use oflow pollutant-emitting construction equipment. These mitigation measures will reduce the short-term impact to less than significant The proposed project is consistent with the goals and objectives of the Regional Air Quality Strategies therefore the project does not result in a significant project specific impact. However, the San Diego Air Basin is a non- attainment area, therefore, any incremental increase in pollution if considered a significant cumulative Page 8, Item: 2 Meeting Date: 08/26/98 impact. The cumulative impact is a regional impact beyond the control of the project applicant and can not be mitigated to a level less than significant. Public Facilities The project will result in an incremental increase in water consumption. The increase in water demand has been planned for by the OWD. A5 long as water facility construction coincides with the anticipated growth then no significant impacts would result with project development. An existing 12-inch water line crosses the EastLake Trails site to provide a water supply to the Olympic Training Center. Grading operations within EastLake Trails would remove the existing 12-inch water line. This represents a potentially significant impact if the line is removed prior to the completion of the 711 Zone water transmission mains within Hunte Parkway and Olympic Parkway. Mitigation measures regarding improvements within the 711 Zone have been included in the SEIR. There are potentially Significant sewer facility impacts because of the depth of the facilities proposed fur the "Land Swap" parcels. Development of the "Land Swap" parcels prior to the completion of the Poggi Canyon trunk sewer would be a significant impact on the existing EastLake Parkway sewer pump station. In addition, depending on the timing for the Salt Creek interceptor sewer, the Otay Lakes. Road pump station may also need to be expanded. Mitigation measures to ensure that adequate sewer facilities are available have been included in the document. The project will generate additional demand for schools. School facilities financing and mitigation agreements with the affected school district and the project applicant would be required at the time the tentative map is approved by the City Council. The proposed project would provide adequate public park and recreation facilities for EastLake and surrounding communities. No significant impact has been identified. The Chula VIsta Police Department currently does not meet the standard threshold for Priority One and Priority Two calls. The incremental increase in calls for police service is considered a significant impact. Likewise, if the underpass beneath Otay Lakes Road is used as a pedestrian trail leading to the Salt Creek linear park, the potential for significant public safety impacts exists. Development fees and other revenues to the City will be required for this project which will provide additional patrol officers in the area. Long term planning for police facilities and personnel is currently on-going. The Chula of Chula VIsta Fire Department currently meet the standard threshold required for fire protection. The Fire department would be able to provide adequate service to the area in the short- term. An incremental increase in calls for fire service may result in a significant impact. The proposed revised Fire Station Master Plan calls for the addition of three new fire stations within the eastern territories and the relocation oflnterim Fire Station No.6 to the Trails. These measures will reduce the potential impact to less than significant. Page 9, Item: 2 Meeting Date 08/26/98 Threshold AnaJvsis The City has adopted a Growth Management Ordinance that contains Quality of Life Threshold Standards. These thresholds set levels of service or maintenance for 11 facilities and improvements, and are used as the basis to determine the need for new or upgraded facilities to mitigate for impacts of a new development. This section of the SEIR considers each one of the 11 services and determines what, if any, improvements are needed as a result of this project. The proposed project meets the thresholds standards. Cumulative Inroacts The EIR provides a comprehensive examination of build out of EastLake Trails/Greens and other major projects in the vicinity. When considered in conjunction with other development project in the vicinity, the following are considered cumulative significant. Each of these issues and their mitigation is addressed in one of the analysis sections discussed above. . Landform/VlSUal Quality . TransportationfTraffic Circulation . Noise . Water services . Sewer services . HydrologylDrainage . Air Quality . Cultural/Paleontological Resources . . Biological Resources D. Alternatives The following alternatives were analyzed: L No Project Under this alternative, the EastLake Trails project site and the "Land Swap" parcels would remain essential in its existing undeveloped condition. 2. Development Consistent with Adopted Plan This alternative would implement the GDP and not proceed with the proposed amendments and corresponding SPA Plan for the Trails. Neither alternative is considered to be environmentally superior to the proposed project. Page 10, Item: 2 Meeting Date: 08/26/98 E. Public Comments AIJ comments received ITom outside Public Agencies, City Departments and the applicant are attached. Comments were received ITom: Otay Water District San Diego County Archaeological Society City of Chula Vista Public Works Department All comments received on the Draft SEIR, both written and oral will be responded to in the "Response to Comments" section of the FirnII SEIR adopted by the City Council. Page 11. Item. Meeting Date 08/25/98 . - --~ ':Land Swap'" . : -parce/s- . - \ Eastlake Trail~ ! (H:\bamc"'I~'<osIJakcIcir9704.I]J!) ST ATE OF CALI"CRNIA- THE R"SOURCES A ~y DEPARTMENT OF FISH AND GAME PETE WILSON Governor Natural Community Conservation Planning 4949 Viewridge Avenue San Diego, CA. 92123 (619) 467-4251 FAX 467-4235 .. @ UJ;: -; "1.._:._' ""'- ~ "'- G _ ".., 1_. , ~ P, ~' -.,. , August 17, 1998 Ms. Marilyn Ponseggi City of Chula Vista P!<::ming D"';"rt'!>'." 276 Fourth Street Chula Vista, CA 91910 Comments on the EastLake Trails Replanning Program Draft Supplemental EIR (SCH 92031049) Dear Ms. Ponseggi: The California Department of Fish and Game (Department) has reviewed the above referenced document pursuant to our role as a Trustee Agency under Section 15386 of the California Environmental Quality Act jCEQA). This project generally proposes to preparr: the Sectional Planning Area (SPA) documents for a 322 acre parcel and the inclusion of two "land swap parcels" totaling about 126 acres, into the EastLake II GDP, EastLake Greens SPA, and associated documents. We have identified several issues that require clarification and possibly project changes to ensure that the proposed habitat mitigation plan can be achieved. Upon resolution of these issues, the Department would concur that the project and its proposed mitigation adequately address environmental impac!sthat will result from implementing the project. Please provide the Department with clarifying responses to the following issues prior to certifying the project. The City of Chula Vista needs to confirm that processing this project will not preclude the preparation of its MSCP Subarea Plan. This site includes Salt Creek drainage that adjoins committed preserve habitat lands within Salt Creek on the Otay Ranch GDP_ The Supplemental EIR contains references to the land swap parcels as either 141.7 acres (page 24) or 125.6 acres (page 39). Please clarify which number is correct. . Ms. Marilyn Ponseggi August 17, 1998 Page 2 Pages 28-33, including Figures 3-4 and 3-5, and Table 3-2, provide a listing of the use allocations for the EastLake Trails property. That information, particularly Table 3-2, suggests that only 5 acres of open space is available for natural habitat restoration purposes. However, the document identifies impacts to 6 acres of wetlands, and requires roughly a 2:1 ratio (11.32-12.92 acres) of mitigation for wetlands (Table 4.3-3). Included in the mitigation component is 1.78 acres of open water habitat. Open water habitat is not an appropriate substitute for wetland vegetation, and should not be included as such in the table as a mitigation component for wetland vegetation impacts, In addition, a previous project that allowed construction of Olympic Parkway . across Salt Creek will impact 1.96 acres of Salt Creek wetlands and requires mitigation within the EastLake Trails property. That project is required to create and restore 4.7 acres of wetlands. It is unclear from the allocated land uses (e.g., Table 3-2) how the project adequately allocates sufficient area for all of the wetland vegetation mitigation (4_7 acres plus 11.32 acres = 15.92 acres) to occur onsite. Also, the location of these habitat restoration areas should be distinct from public use areas (active parklands) to maintain and assure their function as viable habitat. Figure 4.3-2 illustrates a conceptual mitigation plan that depicts natural habitat (mitigation) intermixed with recreational use areas. The Department does not concur that the conceptual mitigation plan illustration is acceptable and requests to be involved in the preparation of the final mitigation plan. . . The co::ume">[ provides a general description of the habitats that will be created and restored 10 mit;gate for the impacts to willow wetland and stream course (Figure 4.3-2 and Table 4.3-3). Mitigation is proposed to create/restore at a ratio of approximately 1: 1 for willow wetland and substitute at approximately a 1 : 1 ratio with sycamore/cottonwood and oak woodland habitats. A wetland mitigation plan of a least 2: 1 is generally required. by the Department, V'ihich requests that it be included in preparation of the final wetland mitigation planning that is required as Mitigation Condition 4.3.4-1 in the SEIR. The Department concurs that it must be consulted by the applicant prior to issuance of the grading permit so that a Streambed Alteration Agreement can be applied for and obtained from the Department before any construction occurs within the Salt Creek dra~nage(Mitigation Condition 4.3.4-2). Mitigation fur those wetland impacts should be set aside as natural open space, and not be included into public amenity/use open space such as for recreational park purposes.. Please clarify how the natural open space mitigation areas will be assured by the projects. Ms. Marilyn Ponseggi August 17,1998 Page 3 Please contact the Department at the above address and phone number to discuss our comments. cc: Department of Fish and Game Ron Rempel Gail Presley Sacramento Terri Dickerson Laguna Niguel U.S. Fish and Wildlife Service Sherry Barrett Nancy Gilben: Cc:rlsbad eastlake.bt Sincerely, ,-;, 1, 'I " 1r ~()Ar~' II, c/v.k V/...J ~ . W!m3,.~ E. TipP2ts Habitat Conservation Supervisor AGENDA ITEM #3: The staff report for Item #3 is located in a white 3- ring binder titled "EASTLAKE TRAILS SPA" Attachment 6. PLANNING COMMISSION AGENDA STATEMENT Item: L- Meeting Date: 11/11/98 ITEM TITLED PUBLIC HEARING: Consideration of the following application filed by The EastIake Company involving three separate parcel in the Eastlake Planned Community with a combined total of 455 acres a. GPA-97-03; amendments to the Chula Vista General Plan, changing the land use designation of 15 acres at the southeast corner of Hunte Parkway and Otay Lakes Road from Commercial to Low Medium Density Residential (3-6 du/ac), and rearranging the EastIake Trails Park and Public Quasi- public land use designations. b. PCM.97.09; amendments to the Eastlake II General Development Plan, EastIake Greens Sectional Planning Area (SPA) plan and associated documents to annex 133.5 acres into the EastIake Planned Community; modify and redistribute the EastIake Trails land uses and delete the Retail Commercial and Medium High Density Residential designations. c. PCM-97-16; adoption of new SPA and associated regulatory documents, including Planned Community District Regulations, Design Guidelines, Public Facilities Financing Plan, Air Quality Improvement Plan, Water Conservation Plan and Affordable Housing Program for the Eastlake Trails. The applicant, The EastIake Company, has submitted applications to amend the City's General Plan, EastIake II General Development Plan (GDP), EastIake Greens Sectional Planning Area (SPA) plan and associated regulatory documents in order to annex 133.5 acres that The EastIake Company obtained as a result of a land exchange with the Baldwin Company in 1992. The applicant also submitted applications to modify and redistribute GDP land uses and adopt a new EastIake Trails SPA for 322.2 acres which are located east of Hunte Parkway between Otay Lakes Road and Olympic Parkway (see Locator). The EastIake Trails SPA accompanying documents include: Planned Community District Regulations, Design Guidelines, Public Facilities Financing Plan, Air Quality Improvement Plan, Water Conservation Plan and Affordable Housing Program. The EastIake II General Development Plan, Eastlake Greens SPA and associated regulatory documents, as proposed to be amended, are included in the attached Eastlake Greens binder (see Attachments 5). The new Eastlake Trails SPA is included in a separate binder (see Attachment 6 ). Subsequent Environmental Impact Report for this Project (SEIR-97-04) has been previously certified by the Planning Commission of the City of Chula Vista. Page 2, Item: ~ Meeting Date: 11/11/98 RECOMMENDATION: Adopt attached Resolution GPA-97-03, PCM-97-09, PCM-97-16 recommendingthatthe City Council approve the proposed amendments to the General Plan, EastIake II General Development Plan, EastIake Greens Sectional Planning Area (SPA) Plan, Eastlake II Planned Community District Regulations, and other associated regulatory documents. Also, approve the EastIake Trails Sectional Planning Area (SPA) plan with Planned Community District Regulations, Public Facilities Financing Plan, Design Guidelines, Air Quality Improvement Plan, Water Conservation Plan and Comprehensive Affordable Housing Program in accordance with the findings and subject to the conditions contained therein. PUBLIC INPUT: A community meeting was held on August 13, 1998 at the Eastlake Clubhouse Community Center. Those in attendance endorsed the project and welcomed the new recreational and school facility to be introduced as part of the new development. No major issues were raised at the meeting. DISCUSSION: I. Existing Site Characteristics The Eastlake planned community area, where the project sites are located, is known as Eastlake II GDP and is located north and south of atay Lakes Road, east of the Future SR-125 freeway alignment, west of the Salt Creek open space corridor and north of Olympic Parkway (see Locator). The adopted EastIake II GDP covers approximately 2,200 acres and includes Eastlake I, EastIake Greens, Salt Creek I and the proposed EastIake Trails SPAs (see Figure 5). The project involves three separate sites known and hereby referred to as the Eastlake Trails, Northern and Southern "Land Swap" parcels. The following paragraphs describe each of this sites in more detail. Northern "Land Swap" Parcel The Northern "Land Swap" parcel is located on the south side of atay Lakes Road west of the future SR-125 freeway alignment. The 24.7 acre, triangular shaped site is approximately 40 ft. above atay Lakes Road, and bisected by several utility easements. Access to the site is from atay Lakes Road (see Locator). Existing adjacent land uses are as follows: Page 3, Item: ~ Meeting Dare: 11111/98 C.V. Mun; General Plan Land GDP Land Use Existing Code/ Zoning Use Designation District Designation land use Site PC Prof. Admin. N/A Vacant Commercial South PC Public Public Quasi-public. Vacant Quasi-public Olay Ranch East PC Ret Comm. Village Comm. Commercial Across SR.125 Eastlake Center West PC Low Med. Res Low Med Res. Vacant Otay Ranch Otay Ranch North PC Low Med. Res. Low Med Res. SFD homes Tel. Canyon Etates Southern "Land Swap" Parcel The Southern Land Swap parcel is a 108.8 acre, irregular shaped parcel located north of Olympic Parkway between SR-125 and the existing Eastlake Greens boundaries. The site terrain features the same gently rolling hills found in the Eastlake Greens. The future extension of Eastlake Parkway will bisect the site creating two fifty acre parcels with access from Eastlake Parkway (see Locator). Existing adjacent land uses are as follows: C.V. Muni Zoning General Plan Land Use Designation GDP Land Use District Designation Existing land use Site PC Vacant South PC West PC East PC North PC Retail Comml Med High Residential Retail Commercial Otay Ranch Low Mcd Res. Across SR-125 Otay Ranch Low Med. Res Eastlake Public Quasi-public Eastlake N/A Fwy. Comm. Otay Ranch Vacant Village 5 Low. Med. Res. Otay Ranch Vacant Med, Low Med Res & Park-EastIake Vacanti SFD homes Public Quasi-public Eastlake Water Storage Tankl Vacant Eastlake Trails The Eastlake Trails Neighborhood consists of 322.2 acres located east of Hunte Parkway between Otay Lakes Road and Olympic Parkway (see Locator), The terrain slopes west to east about 100 ft. from Hunte Parkway to the bottom of the Salt Creek open space corridor. Access to the site is from Hunte Parkway via Otay Lakes Road. In the future, Olympic Parkway will provide an alternative connection to SR- Page 4, Item: ~ Meeting Date: 11/11/98 125 freeway and western Chula Vista (see Figure 7 and 7a). Existing surrounding land uses are as follows: c.v. Muni General Plan Land Use GDP Land Use Existing land Code/ Zoning Designation District Designation use Site PC Low Med Res/ Ret Ret Comm. Low, Low Vacant Comm/ Pub-Quasi. Pub/ Med, Med, Med High, Park PQ. Park, Open space South PC Open Space Open Space Vacant Otay Rancb East PC Low Med Res. Eastlake III GDP Vacant West PC Low Med Res Low Med, Med, Med SFD housing! Elk Greens Hg. Res/ park/ Open private Park/ Golf Course Nortb PC Low, Med Res. Low Med, Med Hg. Vacant Res. Elk III GDP 2. Project Description The proposed project consists of modifying and rearranging the EastIake Trails land uses and incorporating 133.5 acres (Northern and Southern "Land Swap" Parcels) to the Eastlake II GDP, EastIake Greens SPA and associated regulatory documents. The following paragraphs describe the proposed project and requested amendments in more detail. The Northern "Land Swap" Parcel The Northern "Land Swap" parcel is designated for Professional and Administrative Commercial in the General Plan, and is proposed to retain the same land use designation in the Greens SPA (see Figure 4). The Southern "Land Swap" Parcel The Southern "Land Swap" parcel is bisected by the extension of Eastlake Parkway creating two parcels. These two parcels are presently zoned PC and, under the City's General Plan, have been designated Retail Commercial and Medium High Density Residential. The parcel west of Eastlake Parkway is proposed to be designated Freeway Commercial, allowing large retail operations such as Home Depot, K-Mart, etc. The parcel east of EastIake Parkway is proposed to be merged with an 8,5 acre, Low Medium Density Residential parcel, targeted for 45 dwellings, and a 6.3 acre Future Urban parcel located directly south. The combined parcels will produce a 65 acre parcel with capacity for 750 dwelling units (see Figure 5). Page 5, lrem: ~ Meeting Date: 11/11/98 Eastlake Trails SPA Under the adopted Eastlake II GDP, the Eastlake Trails is a 393.7 acre residential neighborhood designed to accommodate 1,260 dwelling units at densities ranging from Low (0-3 du/ac) to Medium High (6-11 du/ac). Retail Commercial, Public Quasi-public, Parks and Open Space land uses complement the residential land uses. The replanning program features basically the same land uses, except for the Commercial and Medium High residential which are proposed to be deleted. The new SPA establishes Low Density (0-3 du/ac), Low Medium (3-6 du/ac) and Medium (6-11 du/ac) Density Residential land use districts, in addition to support land uses such as: Community Purpose Facilities, Parks and Open Space, and Public Quasi- public sites (see Figure 7). The new SPA plan also includes a new internal circulation system without the loop road featured in the adopted GDP (see Figure 1). The SPA has been designed without major streets, except for the extension of Clubhouse Drive, to reduce the traffic speed and be more pedestrian friendly (see Figure 6). Requested Amendments In order to implement the proposed development program, the applicant has requested approval of amendments to the General Plan, Eastlake II GDP, Eastlake Greens SPA, and adoption of a new SPA and associated regulatory documents for the Eastlake Trails. The proposed amendments and new SPA are described in the following paragraphs: General Plan Amendments The Northern and Southern "Land Swap" Parcels are consistent with the General Plan. Therefore, no amendments are proposed for these areas. However, the Eastlake Trails replanning program requires the following amendments: Change the Retail Commercial land use designation of 15 acres located at the northwest corner of the Trails SPA area to Low Medium density residential (deleting all commercial designations from the Trails). Relocate PQ site (school site) from the center to the west end of the SPA (GP Land Use Diagram modification). Relocate Park designation from the center of the SPA to the north end of the Trails SPA, within the Salt Creek open space corridor. Page 6, lrem: ~ Meeting Dare: 11/11/98 Eastlake II General Development Plan Amendments The proposed amendments to the Eastlake II GDP consist of changing the GDP map, text and statistics to reflect the following changes (see Figures 1 and 2, adopted and proposed GDP): Add 50.7 acres of Freeway Commercial (southwest corner of GDP) and 24.7 acres of a new Professional and Administrative Commercial land use designation to the Eastlake II GDP. Create a new 65 acre, Medium High (MH) Density Residential parcel with capacity for 750 dwelling units by merging a Low Medium Density Residential (8.5 ac) and Future Urban (6.3 ac) parcels in the Greens with the eastern 58.1 acres of the Southern "Land Swap" Parcel (see Figure 6). Merge the utility easement area in the Southern "Land Swap" Parcel with the existing Eastlake Greens Open Space parcel OS-I. Adopt a new Community Purpose Facilities Master Plan to distribute the required CPF acreage for the remaining developable areas in the Eastlake planned community (Greens, "Land Swap" Parcels, Trails, Woods and Vistas SPAs) and allow youth ball fields on a 4.6 acre Community Purpose Facilities (CPF) parcel in the Trails (see Section 1.11.3 of the Eastlake II GDP, Attachment 5 and 6). Increase the Eastlake II GDP acreage from 2121.8 to 2184.6 acres and the number of dwelling units from 6,527 to 7,115 to reflect the annexation of the "Land Swap" Parcel and the Eastlake Trails replanning. Change existing land use designation of 15 acres located at the northwest corner of the Trails neighborhood from Retail Commercial to Low Medium residential (3-6 du/ac). Change the land use designation of 13.8 acres located in the central part of the SPA from Medium High (11-18 du/ac) to Low Medium (3-6 du/ac). Relocate 12.4 acres designated for Public Quasi-public (PQ) from the center to the northeast end of the SPA, adjacent to the proposed Salt Creek Park. Relocate a 12 acre school site (PQ) from the center of the SPA to the southeast corner of Hunte Parkway and Clubhouse Drive. Other changes include: the reduction of Parks and Recreation land use Page 7, Item: ~ Meeting Date: 11/11/98 acreage from 296.2 to 282.2 (-14 ac); Future Urban from 72.9 to 7.7 acres (- 65.2 ac), the Trails neighborhood from 393.7 to 322.2 acres (-71.5) and EastIake Trails allowed number of permitted number of dwelling units from 1260 to 1143 (-117 du's). The overall Trails SPA density will remain about the same (3.5 du/ac). Remove the Future Urban designated land located along the eastern edge of the EastIake II GDP. This Future Urban area has already been incorporated as part of EastIake's next phase of development, Eastlake III (see Figure I). The following table illustrates the changes between the adopted and proposed EastIake II General Development Plan as it relates to the Trails Neighborhood: Eastlake II GDP Trails Residential Statistical Changes LAND USE CATEGORY ADOPTED ACRES PROPOSED ACRES DIFFERENCE ADOPTED PROPOSED DIFFERENCE IN ACREAGE DU'S DU'S IN DU'S Low 0-3 du's/ac Low Med 3-6 du's/ac Medium 6-11 du's/ac Med High 11-18 du's/ac High 18-27 du's/ac 54.4 20.4 .34.4 (-63%) 163 61 107.5 185.6 + 7M (+73%) 630 896 21.7 18.4 .3.3(.15%) 223 186 13.8 0 .\3.8 (-IOO%) 244 0 0 0 0 0 0 .99 (.60%) +266 (+42%) .37 (.16.6%) -244 (.100%) o -117 (-9%) Sub-total 197.4 Average Residential Density = 224.4 +27 (13%) 1,260 1143 Adopted 6.4 du's/ac Proposed 5.0 du's/ac. Change -1.4 du's/ac Trails Non-residential Statistical Changes LAND USE ADOPTED PROPOSED DIFFERENCE CATEGORY ACRES ACRES INACRES Retail Camm'l 15.0 0 .15(-100%) Open Space 2.5 25.7 +23,2(+928%) Pub/Quasi-Pub 16.5 17.8 +13(+8%) Parks and Rec 67.6 31.1 .365 (-54%) Major Cir. 30.7 16 -14.7(-48%) future Urban 63.4 7.7 -55,1(88%) Sub-total 195.7 98.3 -97.4(50%) Page 8, Item: ~ Meeling Date: 11/11/98 Eastlake Greens Sectional Planning Area (SPA) Amendment The proposed changes to the Eastlake Greens Sectional Planning Area (SPA) plan are primarily to reflect the incorporation of the "Land Swap" Parcels and other minor modifications to bring the SPA up to date. The requested amendments are as follows: Incorporate the "Land Swap" Parcels into the Eastlake Greens Sectional Planning Area (SPA) plan as: a. Parcel R-9, Residential Planned Concept b. Parcel FC-I, Freeway Commercial c. Parcel P A-I, Professional and Administrative Commercial Merge the easterly 58.1 acres of the Southern "Land Swap" Parcel with an existing Eastlake Greens, Low Medium Density (3-6 du/ac) parcel targeted for 45 dwellings, and a 6.3 acre Future Urban parcel located within the Eastlake Greens SPA, to produce a 65 acre parcel with capacity for 750 dwelling units (12.9 du/ac). Change the Eastlake Greens SPA total acreage from 853.2 to 994.9 and the total number of permitted dwelling units from 2,738 to 3,443 to reflect the annexation of the "Land Swap" Parcels. Amend the text and statistics of the Eastlake II Planned Community District Regulations, Design Guidelines, Public Facilities Financing Plan, Air Quality Improvement Plan, Water Conservation Plan and other associated documents to reflect the above SPA land use statistical changes. The table below illustrates the statistical changes from the adopted to the proposed Eastlake Greens SPA plan: Eastlake Greens SPA Statistical Changes ITEM ADOPTED PROPOSED DIFFERENCE ADOPTED PROPOSED DIFFERENCE ACRES ACRES IN ACREAGE DU'S DU'S IN DU'S Parcel R-9 8.5 58.t +49.6 (+57.7%) 45 750 +705 Parcel 05-5 83 13.4 .1.8 (-21.6%) nla n/a nf. Parcel FC-l 0.0 50.7 +50.7 (+100%) nla nla nf. Parcel PA-l 0.0 24.7 +24.7 (+100%) nla nla nf. Major CiTe 87.1 105.0 +17.9 (+20.5%) nla nla nf. Parcel FU 63 0.0 .63 (-100%) nla nla n/a Page 9, Item: L- Meeting Date: 11/11/98 Comprehensive Affordable Housing Program The annexation of the "Land Swap" Parcels required an amendment to the Eastlake Greens Mfordable Housing Program and Agreement. However, instead of amending the existing Eastlake Greens Affordable Housing Program and Agreement, the Applicant opted to create a Comprehensive Affordable Housing Program for the remaining buildable areas of the Eastlake Planned Community (Eastlake Woods, Vistas, Trails and "Land Swap" Parcels). The remaining buildable area could house a total of 3,640 dwelling units. Based on this maximum number of dwelling units, the applicant is required to provide 364 affordable housing units (10% of the total), five percent (182) Low and 5% (182) for Moderate income households. The construction of affordable housing units is described in detail in the Implementation Section of the proposed Eastlake Trails Affordable Housing Program (see Attachment 6, tab 7). The Moderate income housing requirement is typically satisfied with market rate units and therefore no specific site is required. However, the low income housing units, which can be rental or for sale units, need a specific site. The low income housing units are proposed to be built in the Vistas (61 units), Woods (62 units), and the "Land Swap" residential parcel (61 units) as indicated in the Eastlake Trails Comprehensive Affordable Housing Program (see Section 11.6, Eastlake Trails Comprehensive Affordable Housing Program, Attachment 6). The sites selected for Low Income housing are illustrated in Figure 8 and are more specifically described as follows: Site 1. This site is located within the Vistas neighborhood, south of Olympic Parkway in close proximity to the Olympic Training Center. The site is designated Medium High Residential (11-18 du/ac). Site 2. This site is located near the northwest quadrant of the intersection of Otay Lakes Road and Hunte Parkway. The site is currently designated Low Medium Residential (3-6 du/ac) and will require a future plan amendment to redesignate the site to Medium High Residential (11-18 du/ac ). Site 3. This site is located in the "Land Swap" area (Parcel R-9) which is designated Medium High Residential (11-18 du/ac). The low income units will be integrated into the overall development of Parcel R-9 with the other market rate units. In order to guarantee the provision of affordable housing, the City requires that an affordable housing program and agreement be prepared and signed by the developer prior to or concurrent with approval of the first Final Map. This requirement has Page 10, Item: ~ Meeting Date: 11111198 been incorporated in the SPA conditions of approval (see Attachment 2) Community Purpose Facilities The Chula Vista Municipal Code, Section 19.48.025, requires that all planned communities in the PC Zone provide a minimum of 1.39 acres of community purpose facilities designated land (CPF) per 1,000 population. The acreage is to be designated and reserved for CPF specific land uses, including Boy Scouts, Girl Scouts and similar organizations; senior care and recreation facilities; religious institutions and private schools as an accessory use to conditional permitted uses. Little league ball fields for non-profit organization could also be incorporated as conditional permitted uses, provided CPF master plan is adopted to distribute CPF sites throughout the GDP/ SPA area and ensure that the ball fields do not constitute more than 25% of the total CPF acreage requirement within the designated master plan area. Since the Eastlake Trails SPA features a 4.6 acre Community Purpose Facilities site, proposed to be developed with youth ball fields, a community master plan has been incorporated in the Eastlake II GDP (see Section 1.11.3 in the Eastlake II GDP, Attachment 5 and 6) The Master Plan boundaries include the Eastlake Greens, Trails, Vistas, Woods and "Land Swap" Parcels. Based on the CPF Master Plan, the projected CPF acreage required for all development, either approved or planned within the neighborhoods involved, is 25.5 acres. Four sites within these Neighborhoods have been targeted as CPF sites (See Figure 9). The following table illustrates the total number of permitted units on each neighborhood and the required CPF acreage. Community Purpose Facilities Master Plan Acres Required SITE 1 SITE 2 SITE 3 & 4 EasUake II Eastlake II EasUake III Total Greens SPA Trails SPA Adopted GDP Dwelling Units 3443 1143 1767 6353 CPF ae/du 0.004003 0.004003 0.004003 Total CPF acres required 13.8 (54.1%) 4.6 (17.6%) 7.1 (28.3) 25.5 Based on the Table above, the proposed youth ball fields in the Trails neighborhood do not utilize more than 25% of the total CPF acreage requirement for the CPF Page II, lrem: ~ Meeting Dare: 11/11/98 master plan area, and therefore the CPF Master Plan is consistent with the Chula Vista Municipal Code. Eastlake Trails Water Conservation Plan The Eastlake Trails Water Conservation plan, which discusses water consumption and conservation measures during and after the construction of the project, states that the projected average water demand for the Trails is 0.559 MGD (i.e. million gallons per day) without water conservation measures and 0.279 MGD which is 50% less consumption with the conservation measures outlined in the Plan. Conservation measures include the installation of water saving devices and appliances, in addition to educational programs for home buyers and general public awareness of the issue. It also recommends that public facilities, including schools and parks, be encouraged to use reclaimed water. Compliance with the Water Conservation measures is included in the SPA condition of approval. The City Council will be considering additional water conservation measures in the near future. However, since this report has been prepared prior to Council's direction to review existing City policy regarding water conservation, a SPA condition requiring the applicant to amend the Water Conservation Plan as necessary to comply with said forthcoming Council policy has been included in the draft City Council Resolution. Eastlake Trails Air Oualitv As discussed in the Trails Air Quality Improvement Plan, the most significant air quality improvement measures are the policies and regulations established at the broadest geographical level (State and Federal). However, measures implemented on a city or project level, can have a positive effect in the quality of air. The Eastlake Trails SPA plan addresses the Air Quality Improvement Plan recommendations as follows: Pedestrian and Bicycle Paths. An extensive trail system is part of the project design to encourage non-vehicular travel from residential areas to "activity areas" (high school, community park, and commercial areas). Jobs/Housing Balance. The broader master plan for Eastlake includes job opportunities, recreation, education, retail and service commercial and public facilities in the community to discourage vehicle trips outside of the community. Access to Regional Transportation. Transportation level of service standards within the Trails project will allow free-flow travel which in turn reduces air Page 12, Irem: ~ Meeting Dare: 11111198 emissions from vehicles. Transit Access. The Trails SPA plan incorporates transit stops on major streets to permit transit selVice for public transportation. Educational Programs. Residents of the Trails will be informed of the selVices and alternative transportation options available. Park and Ride Facilities. A park and ride facility is a requirement of the Eastlake Village Center and will be constructed in the future to selVe Eastlake residents with carpools, vanpools, and transit vehicles. These project level mitigation measures constitute a comprehensive air quality improvement plan as required by the Growth Management Ordinance. The Air Quality Improvement Plan, prepared by Jay Kniep Land Planning, is included as part of the Eastlake Trails SPA Plan. ANALYSIS As noted Above, the Eastlake Trails replanning and the "Land Swap" Parcels annexation are somewhat different in scope. Thus, the following paragraphs address each area separately: A. Eastlake Trails SPA Plan and Design The Eastlake II General development Plan, originally adopted in the 1980's, has been developed from north to south. Eastlake I and Eastlake Greens were the first two phases, and now the proposed Eastlake Trails is the next and final development phase (see Figure 5). The Trails, which is basically an extension of the Greens, has been designed with residential densities and recreational and educational amenities as envisioned in the original General Development Plan. However, the proposed replanning program introduces changes in the internal circulation system and overall land use composition design to meet current development trends and housing market demands. Circulation Under the adopted GDP, South Greensview and North Greensview Drives continue through the Trails neighborhood. These two streets are joined at the center of the SPA, creating a loop road around the Greens and Trails neighborhoods. In this Page 13, Item: ~ Meeting Date: 11/11/98 scenario, individual housing clusters are arranged along the loop road with minimum vehicular connections to reduce vehicular interruptions and allow continuous traffic flow (see Figure 1). The new Trails SPA plan features three entrances to the neighborhood from Hunte Parkway. Upon entering the neighborhood, the first intersection allows vehicular traffic to disperse in three directions. There are additional access points to further distribute traffic into the neighborhood. As a result, no local street carries a significant amount of traffic (see Figure 7). The Clubhouse Drive entrance is designed as a special parkway street extending and enhancing the theme of the existing parkway west of Hunte Parkway. The right-of- way and landscape easement is a minimum of 120 feet and contains two 20-foot travel lanes separated by a 26-foot median. This parkway is also a pedestrian, bicycle and visual corridor leading to the public and private park. Other local streets are also designed to provide a view corridor to the active and natural areas of the Salt Creek Community Park and Open Space area. The local streets, which connect through the neighborhood, also have a strong orientation to the private Homeowner's Swim Complex near Salt Creek. A total of six streets, including Clubhouse Drive, radiate from the recreation center into the neighborhood, providing easy pedestrian and bicycle access to these facilities. The departure from the loop road concept results in a more cohesive community where the different housing types and densities are blended into a seamless urban pattern with pedestrian friendly, low traffic residential streets (see Figure 7). Parks One of the major changes in the Trails replanning program is the relocation of the community park from the center of the SPA to the northern end of the Salt Creek open space corridor see (Figures 1 and 2). The linear shaped park is proposed to be bounded by single loaded streets in the Trails and Vistas neighborhoods and designed for typical picnic and open field recreational facilities. In addition, the park will contain community trails connecting EastIake's recreational facilities and the City's Greenbelt trails, to be located along the east side of the park connecting the Greens Vistas and Woods neighborhoods. To complement the recreational facilities in the park, the SPA plan also features a private homeowners swim complex, fishing lake at the south end of the park and youth recreational ball field west of the park's northern end. The new park location provides an attractive community recreational amenity, that when added to the southerly adjacent open space environmental preserve and home owners swim Page 14, Item: ~ Mreting Date: 11111198 complex! lake, produces a unique community focal point and visual corridor. Urban Design The individual planning areas with different residential products are interconnected by local streets, many of which extend through the neighborhood providing multiple routes for pedestrians and vehicles, reducing the traffic volume on individual streets. Where cul-de-sac streets are used, it is generally to achieve a specific site design purpose such as an unloaded entrance street or a pedestrian access point to a street leading to the park. Residential units along the active portion of Salt Creek Community Park are located on a single loaded street with units facing into the park. This increases the security of the park and the visual integration of the park into the residential neighborhood. The elementary school is located in the central portion of the neighborhood adjacent to Hunte Parkway, allowing convenient access for local residents and students who may live in the Greens (see Figure 7). Two multi-family areas are located north and south of Clubhouse Drive between the elementary school and the Homeowner's Swim Complex. This location allows easy access to both areas via the pedestrianlbicycle trails along Clubhouse Drive. The above design features of the Trails represent a somewhat new planning approach from other Eastlake neighborhoods and are intended to achieve much of the same character of successful older neighborhoods in Chula Vista. Land Use Under the adopted Eastlake II GDP, the Trails residential densities are predominantly Low Medium density (50%). Medium and Medium High constitute about 37% and Low Density only 12% of the total number of permitted dwelling units. The proposed land use composition also includes ample acreage for public facilities. The proposed SPA plan proposes to reduce the Low and the Medium Density category, and delete the Medium High Density in order to increase the Low Medium from 50% to about 78% of the total number of permitted dwelling units. The proposed land use composition is intended to reflect the Greens neighborhood which provides a wide range of single family detached and attached products, as well as condominium sites in the Low Medium and Medium Density land use designation. Based on the cohesiveness and urban design qualities shown in the proposed conceptual development plan prepared by the applicant (see Figure 7), staff endorses the proposed reduction in Low and Medium Density Residential category and the deletion of the Medium High Density. However, staff has indicated to the applicant Page IS, Item: ~ Meeting Date: 11/11/98 that the Low Density category (estate housing) in the Eastlake III (Vistas and Woods) should be a major component of the SPAs in order to provide an overall residential housing product balance in the Eastlake planned community. The applicant has acknowledged Staff's position with regard to Low Density designations in the Eastlake III GDP, and has agreed to take advantage of the area overlooking the Otay Lakes to provide Low Density product. With regard to the deletion of the IS acres of commercially designated land, the applicant has indicated that neighborhood commercial in close proximity to a larger commercial center and future commercial activities north of Otay Lakes Road could be difficult to market. The applicant has also stated that changing the commercial site to a residential designation will result in a more cohesive urban plan for the Trails SPA. In staff's opinion, neighborhood commercial centers in small enclaves of existing planned unit developments are either empty or utilized for other than their original intent. Thus, not very successful. For this reason, and because a full service commercial center is located within a quarter mile from the Trails, staff endorse the applicant's request to delete the Retail Commercial land use designation. Eastlake Trails Public Facilities The proposed Eastlake Trails Public Facilities Financing Plan, which is included in the Trails SPA as Section 11.5, analyzes the impact of the Trails project and identifies the required public facilities or fees to mitigate the impacts (based upon the threshold standards in the Growth Management Ordinance). The finance section addresses the costs of the facilities and the obligation of the developer to pay for the mitigation ( see Attachment 6). The following paragraphs summarize some of the major public facilities. Transportation A traffic impact analysis was conducted as part of the EIR and is included in Appendix B of the EIR document(see Attachment 4). This analysis was the most comprehensive study of both short term and long term development scenarios for the eastern area of Chula Vista. The Eastlake Trails site and the "Land Swap" Parcels are undeveloped. Primary access is provided by 1-805 via Telegraph Canyon Road/Otay Lakes Road (6 lanes) and East H Street (4 and 6 lanes) and future Olympic Parkway (6 lanes). Secondary roads serving the project are Eastlake Parkway (4 and 6 lanes) and Hunte Parkway (4 lanes). The traffic study utilized the SANDAG Series 8 Traffic Model. Five scenarios with different street network assumptions were tested as follows: Year 2000 without SR-125 and without Olympic Parkway east of Brandywine Avenue. Page 16, Item: .J.....- Meeting Date: 11/11/98 Year 2005 with and without SR-125 built as a toll road; Olympic Parkway completed between 1-805 and Wueste Road as a four lane street; and Hunte Parkway and Eastlake Parkway completed southerly between Clubhouse Drive and Olympic Parkway. Year 2010 with SR-125 completed as a toll road; Olympic Parkway completed between 1-805 and Wueste Road as a six lane street; Hunte Parkway and Eastlake Parkway completed southerly between Clubhouse Drive and Olympic Parkway; and 1-805 and East Palomar Street half-diamond interchange completed. Build-out with SR-125 completed as a freeway (not a toll road). Each of the above scenarios was tested by running the traffic model and evaluating the results according to street segment and intersection service thresholds. Impacts to street segments, intersections and freeways were identified for each time period and mitigation measures are recommended and included in the EIR. The primary environmental mitigation measure related to the project was the need to improve the intersection at Otay Lakes Road and Lane Avenue for the year 2010. All other impacts are cumulative in nature and therefore, are caused by the overall development of the eastern area rather than a single project. To reduce the impact, the applicant will be required to provide a second eastbound to northbound left-turn lane on Otay Lakes Road and a second southbound to westbound right-turn lane on Lane Avenue. However, because these improvements are not required until 2010, after the Trails development is completed, this requirement has been incorporated in the Land Swap parcels PFFP, because this area is not expected to be built until 2005. The applicant will also be required to participate in the cost of widening of Otay Lakes Road to six lanes and the construction of Olympic Parkway east of Hunte Parkway. Water Facilities The projected average annual day demand is 431,000 gallons per day. The maximum day demand is 780,000 gallons per day, The required 5 day emergency storage demand for the project is 2.16 MG. The Otay Water District (OWD) has indicated that sufficient potable and recycled water capacity exist to serve the Trails (see Section 11.5.4.7, Eastlake Trails PFFP) (see Attachment 6). Sewer Facilities Current sewer capacity surplus in the City of Chula Vista is 8.2 mgd. This surplus capacity can accommodate approximately 13,650 du's, plus supporting uses such as commercial and industrial. Page 17, Item: ~ Meeting Date: 11111/98 Based on standard sewage generation factors, the projected sewage flows from the Trails will be 333,700 gallons per day (4% of the total available capacity). A major trunk sewer line will be built from Otay Lakes Road to Olympic Parkway along the west side of Salt Creek Community Park. However, until the Salt Creek Canyon Interceptor Sewer facility is extended south to Otay Valley Road and connected to the Metro sewer line, the sewer will be pumped by the Otay Lakes pump station to the Telegraph Canyon gravity sewer basin. Agreements are in place to provide for the expanded capacity of the Olympic Parkway Sewage Pump Station and the Otay Lakes Road Sewage Pump Station, although the Trails per se will not necessitate expanding the capacity of these facilities. Schools The Chula Vista Elementary School District has built two schools in Eastlake and a third elementary school will be built in the Trails in 1999. The design contract with the architect has been approved by the school board. As noted above, the new school will be located near Hunte Parkway and Clubhouse Drive. The Sweetwater Union High School District will house students at Eastlake High School which has available enrollment of 1,867 and a capacity of 2,460 (593 remaining capacity). Middle school students will be served from the new Rancho del Rey Middle School with capacity for 1500 students and scheduled to open (Phase 1) in the fall of 1998. Eastlake Trails is expected to generate a total of 343 elementary students, 115 middle school students and 217 high school students. Each school district provides school facilities by requiring new projects to provide tax funding for new construction via a Mello-Roos Community Facilities District. This financing method is superior to the normal school fees which do not produce sufficient funding to build new schools in a timely manner. Eastlake has established Community Facilities District No. 1 for the elementary district and Community Facilities District No.1 for the high school district to pay for new schools. Park and Recreation Facilities Based on the City's Park land dedication requirement of 3 acres per 1,000 population, the Eastlake Trails requirement is 10.9 acres of improved park land. In addition, agreements between the City and The Eastlake Company provide for an additional 9 acres of park land to be provided in the proposed Salt Creek Community Park (total requirement is 19.9 acres). Page 18, Item: ~ Meeting Date: 11111198 The proposed community park includes approximately 25.3 acres of public park land, of which only 19.9 are credited towards the total park land requirement. In addition, the project includes a private park for a homeowner's swim complex and fishing lake. The community park will contain soccer fields, picnic pavilions, open play grounds, court games and a gymnasium/community center. However, these facilities could be modified based on recommendations contained in the forthcoming Eastern Area Park Master Plan. The citywide Greenbelt Trail, as shown in the Chula Vista General Plan, will be incorporated along the eastern side of the Salt Creek Community Park and Open Space corridor. The parks standard will be met with the phased dedication and improvement of the Salt Creek Community Park as proposed in the Trails SPA. Library Facilities The City's threshold standard is 500 square feet of library space per 1,000 population. The need for library space based on the City's population as of July 1, 1997 of 157,427 is 78,714 square feet of library space. The existing library space is 102,000 square feet or a surplus of 23,286 square feet. The Eastlake community is served by a small 10,000 square foot library housed at Eastlake High School. Eastlake Trails will generate a total library demand of 1,647 square feet which will be mitigated by the payment of Public Facility Development Impact Fees. Fire and Emergency Medical Services The fire stations serving the Eastlake community are Fire Station 4, located on Otay Lakes Road, near East H Street, and Fire Station 6 located in the Eastlake Business Center at Lane Avenue and Otay Lakes Road. The Eastlake Company has established a credit in the amount of $616,153 for the construction of Fire Station 6. The City has been providing credits towards the payment of the fire component of the Public Facilities DIF fee. The next permanent fire station to be built in the Eastlake area will be located on the north side of Otay Lakes Road east of Hunte Parkway within the Eastlake Woods neighborhood. This station is not needed at this time to serve Eastlake Trails. The Eastlake Trails PFFP describes in more detail the cost, financing mechanisms and timing of infrastructure installation for each of the above facilities. Other facilities address in the PFFP include Police, Civic Center, Drainage and Corporation Yard (see Section 11.5 in the Trails SPA, Attachment 6). Page 19, Item: ~ Meeting Dale: 11!11/98 B, "Land Swap" Parcels SPA Plan and Design Land Use The amendment to the Eastlake Greens SPA is limited to the introduction of two new land uses, Freeway Commercial and Professional and Administrative Commercial. Other statistical changes to reflect the added commercial and residential acreage and number of dwelling units have been incorporated (see Attachment 5). The Eastlake Greens Planned Community District Regulations, Design Guidelines, Air Quality Improvement Plan and Water Conservation Plan have been amended accordingly. However, because the Eastlake Greens Neighborhood is almost completed and the infrastructure to serve this community is already in place, a supplemental PFFP has been added to the adopted Eastlake Greens Public Facilities Financing plan to address the "Land Swap" parcels. The Supplemental PFFP identifies the needed public facilities, their location, timing and estimated cost for the Northern and Southern "Land Swap" Parcels (see Attachment 5, Section 11.6, Attachment 5). The phasing of the "Land Swap" Parcels is undefined at this time. However, while the Northern "Land Swap" parcel could be developed at any time, primarily because most of the facilities and utilities are available along Otay Lakes Road, the commercial portion of the Southern "Land Swap" parcel is not expected to be developed until the SR-125 freeway is constructed, and market forces create demand. Provided the Eastlake Parkway and associated public facilities and utilities, as described in the Supplemental PFFP, are provided as part of the project, the residential portion of the Southern "Land Swap" Parcel could be developed before the construction of SR-125. The timing of development of the Southern "Land Swap" Parcel is estimated to be after 2005. However, all public facilities (roads, sewers, freeway, water and drainage) are expected to be extended to this area in the next several years. Public Facilities Transportation Based on the traffic analysis prepared by Linscott, Law & Greenspan traffic consultants, the intersection and street segments are expected to operate at acceptable levels of service except for the following intersections! segments: Otay Lakes Road and Lane Avenue (LOS F AM and PM peak hour) Page 20, Item: ~ Meeting Date: 11/11/98 Otay Lakes Road between SR-125 and Eastlake Parkway (LOS E) To mitigate these impacts, EastIake will pay its fair share of the cost of the following improvements: 1) Otay Lakes Road and Lane Avenue intersection improved with additional turning lanes by the year 201O(see Eastlake Trails Transportation Section in this Report); 2) Otay Lakes Road between SR-125 and Eastlake Parkway improved to eight lanes. Water Potable water for the "Land Swap" Parcels will be provided by the Otay Municipal Water District. Existing reselVoirs, pipelines and transmission mains exist to selVe the project. The projected average annual demand for the project is estimated at 0.26 mgd and the peak demand is 0.47 mgd. The OWD has indicated that adequate capacity of potable water exist to selVe the residential and commercial uses in the "Land Swap" Parcels. Recycled Water Facilities The proposed development of the "Land Swap" Parcels include the use of recycled water for irrigation of open space, common areas for multi-family development and commercial landscaping. An existing 20 inch recycled water supply line selVes the Eastlake Greens open space and Golf Course as well as the EastIake Business Park. Transmission supply lines will be extended to selVe the "Land Swap" Parcels. The phased construction of recycled water facilities will be incorporated into the conditions of approval for the tentative subdivision map. Sewer Facilities The City of Chula Vista has ample sewer capacity (7.7 mgd) to selVe the project. Sewer facilities in the area consist of a 15 inch trunk sewer line in Otay Lakes Road which will selVe the northern "Land Swap" Parcel (24.7 acres of Professional and Administrative). The southern "Land Swap" Parcel (50.7 acres of Freeway Commercial and 65 acres of Multi-Family Residential) will be selVed by the future extension of the Poggi Canyon Trunk Sewer. Development of the "Land Swap" Parcels is not scheduled to occur until after the Poggi Canyon sewer is built with the extension of Olympic Parkway. The city has several sewer fees in place including the Telegraph Canyon Gravity Basin Development Impact Fee, the Poggi Canyon Basin Development Impact Fee and the Telegraph Canyon Basin Pumped Fee to pay for the sewer facilities for the project. As an alternative, if development of the Southern "Land Swap" begins before the construction of Olympic Parkway, the EastIake Parkway pump station could be upgraded subject to city requirements. Page 21, Item: L- Meeting Date: 11/11/98 Drainage Facilities Surface waters drain into the Telegraph Canyon Basin and the Poggi Canyon Basin. The existing drainage improvements within Otay Lakes Road will handle the northern "Land Swap" Parcel. The southern parcel does not have any existing drainage improvements. However, runoff could be directed into planned drainage facilities adjacent to SR 125. Caltrans is currently planning the improvements to receive and convey the discharge from the Southern "Land Swap" Parcel. Caltrans has proposed three drainage culverts along the westerly boundary of the southern parcel within the SR 125 right of way. All of the on site drainage facilities will be made conditions of the tentative map in accordance with engineering studies contained in the EIR. There are no required off site facilities. School Facilities The "Land Swap" Parcels are served by Chula Vista Elementary School District and the Sweetwater Union High School District. The schools serving the area include Olympicview Elementary, which has an enrollment of 721 with a capacity of 743; Rancho del Rey Middle School, which has an enrollment of 289 and a capacity of 750; and Eastlake High School has an enrollment of 1,867 with a capacity of 2,460 (593 remaining capacity). The Rancho del Rey Middle School students are temporally housed at Eastlake High School until the new middle school opens this fall (1998). The existing school fees do not produce adequate revenues to build new schools, so both school districts will use the Mello- Roos District to finance schools. The student generation factors used by the school districts will yield 211 elementary students, 70 middle school students and 134 high school students. Because the "Land Swap" Parcels are not projected to be developed before the Year 2005, elementary school capacity will be re-evaluated at that time to determine the available capacity within the community. The next elementary school is scheduled to be built in the Eastlake Trails in 1999. Park and Recreation Facilities The park standard is 3 acres of neighborhood and community park with facilities per 1,000 residents. Since the "Land Swap" Parcels will add a net 705 dwelling units to Eastlake Greens, the total park land requirement for the Greens, as amended, is 29.1 acres. Eastlake Greens contains a number of public and private park facilities which total approximately 37.9 acres. However, for park land credit, only 29.0 acres is counted toward meeting the 3 acres per 1,000 residents standard (see Section 7 in the Eastlake Greens/ "Land Swap" Parcels PFFP, Attachment 5). Based on the total park land demands analysis with the "Land Swap" Parcels, there is a deficit of 0.1 acres. Actual park land acreage figures will vary based on dwelling units built. The Page 22, Item: ~ Meeting Date: 11/11/98 park deficit, if any, will be absorbed by future SPAs. Library Facilities The increased population to be accommodated by the "Land Swap" Parcels will create the need for an additional 1,015 square feet of library space at some time after 2005. At the time of development, the fees will be determined by the DIF ordinance in effect at that time. Fire and Emergency Medical Service Facilities There are two fire facilities currently serving the Eastlake community - Fire Station No. 4 located at 861 Otay Lakes Road and Interim Fire Station No.6 located at 975 Lane Avenue. In the future, Fire Station No. 4 will be relocated to 850 Paseo Ranchero, and Interim Fire Station No.6 will be relocated to Rolling Hills Ranch. A new permanent fire station (No.8) will be built north of Otay Lakes Road within the Eastlake SPA. The project will be required to pay DIF fees in effect at the time of development. Police Facilities Police facilities are provided from the Chula Vista Police Department located at City Hall. The project area is located east of police patrol beat 32 which is served by one patrol car 24 hours per day. Based on statistical standards, the additional population will require an additional 2.8 officers (1.38 officers/1,000 citizens) plus 3.5 support staff to maintain current levels of service. Provision of police facilities and services will be paid for by Development Impact Fees. Public Facilities Finance The public facilities needed to serve the project will be paid for by the developer through subdivision exactions, Development Impact Fees, Assessment Districts or Mello Roos. Low and Moderate Income Housing With the adoption of the above mentioned Comprehensive Affordable Housing Program, the project will comply with the General Plan Housing Element requirement to provide 10 percent of the total number of dwelling units. Section II.6 of the Trails SPA provides a detailed description of the Low and Moderate income housing requirement, the proposed implementation phasing and potential financing mechanisms. Page 23, Ilem: ~ Meeting Dale: 11/11/98 Project ConsistencY with the General Plan The General Plan designation for the "Land Swap" Parcels was established when the Otay Ranch General Plan amendment was adopted by the City Council. There are no land use changes proposed by the Eastlake II General Development Plan or the Eastlake Greens SPA Plan to the adopted General Plan. All of the streets shown on the Circulation Element are also consistent. The General Plan affordable housing policy of 5% low income units and 5% moderated income units is satisfied by the Eastlake Comprehensive Affordable Housing Program. The Trails land uses propose a minor amendment to the General Plan Land Use Diagram by eliminating the neighborhood commercial designation at the northeast corner of Otay Lakes Road and Hunte Parkway due to the close proximity to the Eastlake shopping center located at Otay Lakes Road and Eastlake Parkway. Growth Management Ordinance Evaluation Standards adopted by City Policy require that the project be analyzed to determine whether the approval of the project will have an adverse impact on the adopted threshold standards. A review of the SEIR, PFFP and other supporting SPA documents provide evidence that the project is consistent with the adopted threshold standards of the City. An analysis of thresholds in contained in the environmental document SEIR- 97-04 (see Attachment 4). With the proposed construction of public facilities and the payment of facility fees, the Trails and "Land Swap" Parcels are consistent with the Growth Management Ordinance. Implementation Planned Community District Regulations The Eastlake II Planned Community District Regulations first adopted with the Eastlake I Planned Community and subsequently amended to accommodate the Greens, are proposed to be amended to address the land uses introduced by the annexation of the "Land Swap" Parcels and Eastlake Trails. The PC District Regulations provide standards and regulations to guide the development of both projects. These regulations are applied in conjunction with the Design Guidelines (see Planned Community District Regulation in the Trails and Greens SPA plans, Attachment 5). Design Guidelines The Trails Design Guidelines are modeled after the Eastlake Greens design guidelines. Additional criteria have been incorporated for the Salt Creek interface with the residential areas and the design of Clubhouse Drive. Other design guidelines Page 24, Item: ~ Meeting Date: 11/11/98 have also been included to provide continuity in the previously adopted community theme landscaping, fencing, signing, lighting, trails, neighborhood entries, street furniture, scenic corridor design, etc. (see Section 11.4 in the Trails SPA, Attachment 6). Residential design guidelines for both single family and multi-family neighborhoods are provided, as well as landscaping standards for streets, slopes and open space. CONCLUSION For the reasons stated above, as well as the recommendations of special districts and other governmental agencies, staff has concluded that the annexation of the "Land Swap" Parcels and the Eastlake Replanning Program, described and evaluated in this report, reflects sound planning principles and is consistent with adopted plans and ordinances of the City of Chula Vista. Attachments 1. Draft Planning Commission Resolution 2. Draft City Council Resolutions and Ordinance 3. Figures 4. SEIR-97-04 5. Eastlake Greens SPA Binder 6. Eastlake Trails SPA Binder 7. Disclosure Statement H:\HOME\PlANNING\LUIS\PCM-9704.RPT -0> c_ OTAY RANCH VILLAGE 5 ~ C ROLLING f'-... HILLS I ~ "_~NCH ~-.J ..~..~ EASTLAKE 'l-.- GREENS EASTLAKE C ..~ TRAILS r/.' r- /. NORTHERN LAND SWAP EASTLAKE HIGH SCHOOL EXISTING EASTLAKE GREENS BOUNOARY ~ ~ \. \ * CHULA VISTA COMMUNnv PARK [J EASTLAKE COMMERCIAL CENTER LEGEND I //1 PROJECT AREA - . - ADOPTED EASTLAKE II GDP BOUNDARIES CH U LA VISTA PLANNING DEPARTMENT LOCATOR PROJECT The Eastlake Company PROJECT DESCRtPTlON: C) APPLICANT: PROJECT Eastlake Greens / Trail Replanning AOOREss: SCALE: FtLE NUMBER: Related Cases: GPA-97-01, PCM-97-04, PCM-97-16 NORTH No Scale h:\home\planning\carlos\locators\gpa9701.cdr 10/19/98 ATTACHMENT 1 DRAFT PLANNING COMMISSION RESOLUTION RESOLUTION NO. GPA 97-03/PCM-97-06jPCM-96-07 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDINGTIlAT TIlE CITY COUNCIL APPROVE A PROPOSAL TO AMEND TIlE CHULA VISTA GENERAL PLAN, EASTLAKE II GENERAL DEVELOPMENT PLAN, EASTLAKE GREENS SECTIONAL PLANNING AREA (SPA) PLAN, EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS, EASTLAKE GREENS PUBLIC FACILITIES FINANCING PLAN, EASTLAKE GREENS AIR QUALITY IMPROVEMENT PLAN, EASTLAKE GREENS WATER CONSERVATION PLAN AND EASTLAKE GREENS DESIGN GUIDELINES; ADOPT A NEW SECTIONAL PLANNING AREA (SPA) PLAN WITII DESIGN GUIDELINES, PUBLIC FACILITIES FINANCING PLAN, AIR QUALITY IMPROVEMENT PLAN, WATER CONSERVATION PLAN AND A COMPREHENSIVE AFFORDABLE HOUSING PROGRAM FOR 322 ACRES LOCATED EAST OF HUNTE PARKWAY BETWEEN OTAY LAKES ROAD AND OLYMPIC PARKWAY. TIlE EASTLAKE COMPANY. WHEREAS, duly verified applications were filed with the City of Chula Vista Planning Department on March 12, 1997 by The Eastlake Company (Developer) requesting the following approvals: 1) amendments to the City of Chula Vista General Plan, Eastlake II General Development Plan (GDP) and Eastlake Greens Sectional Planning Area (SPA) plan, including amendments to the Eastlake II Planned Community District Regulations, Eastlake Greens Design Guidelines, Eastlake Greens Public Facilities Financing Plan, Eastlake Greens Air Quality Improvement Plan, and Eastlake Greens Water Conservation Plan; 2) a new Sectional Planning Area (SPA) plan with Planned Community District Regulations, Design Guidelines, Public Facilities Financing Plan, Air Quality Improvement Plan and Water Conservation Plan and a Comprehensive Affordable Housing Program for 322.2 acres known as the Eastlake Trails Neighborhood ("Project"); and, WHEREAS, the areas of land which are the subject of this Resolution are as follows: a) 108.8 acres located north of Olympic Parkway between SR-125 and the existing Eastlake Greens SPA boundaries (Southern "Land Swap" parcel); b) 24.7 acres located on the south side of Otay Lakes Road west of the future SR-125 freeway alignment (Northern "Land Swap" Parcel); and 3) 322.2 acres located east of Hunte Parkway between Otay Lakes Road and Olympic Parkway (Eastlake Trails); and, WHEREAS, the proposed amendments to the General Plan include: a) changing the Retail Commercial land use designation of 15 acres located at the northwest corner of the Trails SPA area to Low Medium density residential (deleting all commercial designation from the Trails); b) relocating a PQ site (school site) from the center to the west end of the SPA; c) relocating Park designation from the center of the SPA to the north end of the Trails SPA, within the Salt Creek open space corridor; and, WHEREAS, the proposed amendments to the Eastlake II General Development plan include: a) adding 50.7 acres of Freeway Commercial (southwest corner of GDP) and 24.7 acres of a new Professional and Administrative Commercial land use designation to the Eastlake II GDP; b) creating a new 65 acre, Medium High (MH) density residential parcel with capacity for 750 dwelling units by Merging a Low Medium Density Residential (8.5 ac) and Future Urban (6.3 ac) parcels in the Greens with the eastern 58.1 acres of the Southern "Land Swap" Parcel; c) merging the utility easement area in the Southern "Land Swap" parcel with the existing Eastlake Greens Open Space parcel OS-I; d) adopting a new Community Purpose Facilities Master Plan to distribute the required CPF acreage for the remaining developable areas in the Eastlake Planned Community (Greens, "Land Swap" parcels, Trails, Woods and Vistas SPAs), and allow youth ball fields on a 4.6 acre Community Purpose Facilities (CPF) parcel in the Trails; e) increasing the Eastlake II GDP acreage from 2121.8 to 2184.6 acres, and the number of dwelling units from 6,527 to 7,115 to reflect the annexation of the "Land Swap" Parcel and the Eastlake Trails replanning; f) changing the existing land use designation of 15 acres located at the northwest corner of the Trails neighborhood from Retail Commercial to Low Medium residential (3-6 du/ac); g) changing the land use designation of 13.8 acres located in the central part of the SPA from Medium High (11-18 du/ac) to Low Medium (3-6 du/ac); h) relocating 12.4 acres designated for Public Quasi-public (PQ) from the center to the northeast end of the SPA, adjacent to the proposed Salt Creek Park; i) relocating a 12 acre school site (PQ) from the center of the SPA to the southeast corner of Hunte Parkway and Clubhouse Drive; j) Other changes include: the reduction of Parks and Recreation land use from 296.2 to 282.2; Future Urban from 72.9 to 7.7 acres and the new Trails SPA plan overall acreage from 393.7 to 322.2 acres (-71.5), permitted number of dwelling units from 1260 to 1143 (-117 du's). The overall Trails SPA density will remain about the same (3.5 du/ac); and, WHEREAS, the proposed amendments to the Eastlake Greens Sectional Planning Area (SPA) plan consist of: a) incorporating the "Land Swap" parccls into the Eastlake Greens Sectional Planning Area (SPA) plan as Parcel R-9, Residential, FC-l, Freeway Commercial and PA-l, Professional and Administrative Commercial; b) merging the easterly 58.1 acres of the Southern "Land Swap" parcel with an existing Eastlake Greens, Low Medium density (3-6 du/ac) parcel targeted for 45 dwelling units, and a 6.3 acre, Future Urban parcel located within the Eastlake Greens SPA, to produce a 65 acre parcel with capacity for 750 dwelling units (12.9 du/ac); c) changing the Eastlakc Greens SPA total acreage from 853.2 to 994.9, and the total number of permitted uses from 2,738 to 3,443 to reflect the annexation of the Land Swap parcels; d) amending the text and statistics of the Eastlake II Planned Community District Regulations, Design Guidelines, Public Facilities Financing Plan, Air Quality Improvement Plan, Water Conservation Plan and other associated documents to reflect the above SPA land use statistical changes; and, WHEREAS, the proposed Sectional Planning Area (SPA), which includes: Planned Community District Regulations, Design Guidelines, Public Facilities Financing Plan, Air Quality Improvement Plan, Water Conservation Plan and Affordable Housing Program, contains Low Density (0-3 du/ac), Low Medium (3-6 du/ac) and Medium (6-11 du/ac) density residential land use districts, in addition to support land uses, such as: School, Community Purpose Facilities and Parks and Open Space; and, WHEREAS, a Subsequent Environmental Impact Report for this project (EIR-97-04) has been previously certified by the Planning Commission of the City of Chula Vista; and, WHEREAS, the Resource Conservation Commission, reviewed the Subsequent Environmental Impact Report (EIR-97-04) for the project on August 17, 1998 and recommended the certification of the EIR subject to recommendations; and, WHEREAS, the Planning Commission having received certain evidence on November 11, 1998 as set forth in record of it proceedings herein by reference as is set forth in full, made certain findings as set forth in their recommending Resolution No. GPA-97-0l, PCM-97-04, PCM-97-16 herein and recommended to the City Council the approval of as is applications based on certain terms and conditions; and, WHEREAS, the Planning Director set the time and place for a hearing on said Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, mailing to property owners within 500 ft. of the exterior boundaries of the property and its posting at the subject sites at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place advertised, namely November 11, 1998 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, TIlEREFORE, BE IT RESOLVED THAT TIlE PLANNING COMMISSION DOES hereby recommend that the City Council adopt the attached Draft City Council Resolution approving the Project in accordance with the findings and subject to the conditions contained therein. BE IT FUR TIlER RESOLVED that a copy of this resolution be transmitted to the City Council. BE IT FUR TIlER RESOLVED TIlAT TIlE PLANNING COMMISSION voted to recommend approval of the Project. AYES: NOES: ABSENT: ABSTAINED: Patty Davis Chairperson Diana Vargas, Secretary (A:\PCM-9706.PCR) ATTACHMENT 2 DRAFT CITY COUNCIL RESOLUTION & ORDINANCE RESOLUTION RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING AMENDMENTS TO THE CHULA VISTA GENERAL PLAN, EASTLAKE II GENERAL DEVELOPMENT PLAN, EASTLAKE GREENS SECTIONAL PLANNING AREA (SPA) PLAN, EASTLAKE GREENS PUBLIC FACILITIES FINANCING PLAN, EASTLAKE GREENS AIR QUALITY IMPROVEMENT PLAN, EASTLAKE GREENS WATER CONSERVATION PLAN AND EASTLAKE GREENS DESIGN GUIDELINES; ADOPT A NEW SECTIONAL PLANNING AREA (SPA) PLAN WITH PLANNED COMMUNITY DISTRICT REGULATIONS, DESIGN GUIDELINES, PUBLIC FACILITIES FINANCING PLAN, AIR QUALITY IMPROVEMENT PLAN, WATER CONSERVATION PLAN AND A COMPREHENSIVE AFFORDABLE HOUSING PROGRAM FOR 322 ACRES LOCATED EAST OF HUNTE P ARKW A YBETWEEN OTA Y LAKES ROAD AND OLYMPIC PARKWAY I RECITALS A Project Site WHEREAS, the areas of land which are the subject of this Resolution are diagrammatically represented in Exhibit A and hereto incorporated herein by this Resolution, and commonly known as Eastlake Trails residential neighborhood and the Northern and Southern "Land Swap" parcels. and for the purpose of General description herein consist of a) 108.8 acres located north of Olympic Parkway between SR-125 and the existing Eastlake Greens SPA boundaries (Southern "Land Swap" parcel); b) 24.7 acres located on the south side of Otay Lakes Road west of the future SR-125 freeway alignment (Northern "Land Swap" parcel); and 3) 322.2 acres located east of Hunte Parkway between Otay Lakes Road and Olympic parkway (Eastlake Trails); and, B. Project; Application for Discretionary Approvals WHEREAS, on March 12, 1997 The Eastlake Company (Owner) filed applications with the Planning Department of the City of Chula Vista requesting the following approvals: 1) amendments to the City of Chula Vista General Plan, Eastlake II General Development Plan (GDP) and Eastlake Greens Sectional Planning Area (SPA) plan, including amendments to the Eastlake II Planned Community District Regulations, Eastlake Greens Design Guidelines, Eastlake Greens Public Facilities Financing Plan, Eastlake Greens Air Quality Improvement Plan, and Eastlake Greens Water Conservation Plan; 2) a new Sectional Planning Area (SPA) plan with Planned Community District Regulations, Design Guidelines, Public Facilities Financing Plan, Air Quality Improvement Plan and Water Conservation Plan and a Comprehensive Affordable Housing Program for 322.2 acres known as the Eastlake Trails Neighborhood ("Project"); and, WHEREAS, the proposed amendments to the General Plan include; a) changing the Retail Commercial land use designation of 15 acres located at the northwest corner of the Trails SPA area to Low Medium density residential (deleting all commercial designation from the Trails); b) relocating a PQ site (school site) from the center to the west end of the SPA; c) relocating Park designation from the center of the SPA to the north end of the Trails SPA, within the Salt Creek open space corridor; and, WHEREAS, the proposed amendments to the Eastlake General Development Plan include; a) adding 50.7 acres of Freeway Commercial (southwest corner of GDP) and 24.7 acres of a new Professional and Administrative Commercial land use designation to the Eastlake II GDP; b) creating a new 65 acre, Medium High (MH) density residential parcel with capacity for 750 dwelling units by Merging a Low Medium Density Residential (8.5 ac) and Future Urban (6.3 ac) parcels in the Greens with the eastern 58.1 acres of the Southern Land Swap parcel; c) merging the utility easement area in the Southern "Land Swap" parcel with the existing Eastlake Greens Open Space parcel OS-I; d) adopting a new Community Purpose Facilities Master Plan to distribute the required CPF acreage for the remaining developable areas in the Eastlake Planned Community (Greens, Land Swap parcels, Trails, Woods and Vistas SPAs), and allow youth ball fields on a 4.6 acre Community Purpose Facilities (CPF) parcel in the Trails; e) increasing the Eastlake II GDP acreage from 2121.8 to 2184.6 acres, and the number of dwelling units from 6,527 to 7,115 to reflect the annexation of the Land Swap parcel and the Eastlake Trails replanning; f) changing the existing land use designation of 15 acres located at the northwest corner of the Trails neighborhood from Retail Commercial to Low Medium residential (3-6 du/ac); g) changing the land use designation of 13.8 acres located in the central part of the SPA from Medium High (11-18 du/ac) to Low Medium (3-6 du/ac); h) relocating 12.4 acres designated for Public Quasi-public (PQ) from the center to the northeast end of the SPA, adjacent to the proposed Salt Creek Park; i) relocating a 12 acre school site (PQ) from the center of the SPA to the southeast corner of Hunte Parkway and Clubhouse Drive; j) Other changes include; the reduction of Parks and Recreation land use from 296.2 to 282.2; Future Urban from 72.9 to 7.7 acres and the new Trails SPA plan overall acreage from 393.7 to 322.2 acres (-71.5), permitted number of dwelling units from 1260 to 1143 (-117 du's). The overall Trails SPA density will remain about the same (3.5 du/ac). WHEREAS, the proposed amendments to the Eastlake Greens Sectional Planning Area (SPA) Plan consist of: a) incorporating the "Land Swap" parcels into the Eastlake Greens Sectional Planning Area (SPA) plan as Parcel R-9, Residential, FC-l, Freeway Commercial and P A-l,Professional and Administrative Commercial; b) merging the easterly 58.1 acres of the Southern Land Swap parcel with an existing Eastlake Greens, Low Medium density (3-6 du/ac) parcel targeted for 45 dwelling, and a 6.3 acre, Future Urban parcel located within the Eastlake Greens SPA, to produce a 65 acre parcel with capacity for 750 dwelling units (12.9 du/ac); c) changing the Eastlake Greens SPA total acreage from 853.2 to 994.9, and the total number of permitted uses from 2,738 to 3,443 to reflect the annexation of the "Land Swap" Parcels; d) amending the text and statistics of the Eastlake II Planned Community District Regulations, Design Guidelines, Public Facilities Financing Plan, Air Quality Improvement Plan, Water Conservation Plan and other associated documents to reflect the above SPA land use statistical changes; and, C Prior Discretionary Approvals WHEREAS, the development of the "Land Swap" portion of the Project Site has been the subject matter of 1) a prior General Plan amendment resulting in the current land use designations on the Chula Vista General Plan in conjunction with the Otay Ranch Plan and previously approved by City Council Resolution No. _; and the development of the Trails portion of the Project Site has been the subject matter of 1) a prior General Development Plan resulting in the current land use designations shown on EastLake II General Development Plan, previously approved by City Council Resolution No ; and, D. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on November 11, 1998, and voted ( ) to forward a recommendation to the City Council on a proposal to amend the City General Plan, Eastlake II General Development Plan, Eastlake Greens Sectional Planning Area (SPA) plan, Planned Community District Regulations and associated regulatory documents. Also adopt a new SPA for 322.2 acres known as Eastlake Trails. The proceedings and all evidence introduce before the Planning Commission at the public hearing on this project held on November 11, 1998 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceedings; and, E. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 ft. of the exterior boundaries of the Project Sites at least ten days prior to the hearing. NOW THEREFORE BE IT RESOLVED that the City Council hereby find, determine and resolve as follows: II. PREVIOUS FEIR-89-IO AND SUPPLEMENTAL SEIR-97-04 REVIEWED AND CONSIDERED FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, approved and certified FEIR-89-04 and SEIR-97-04; and, III. COMPLIANCE WITH CEQA The City Council does hereby finds that FEIR-89-1O and SEIR-97-04 has been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of the City of chula Vista, and hereby certifies the SEIR 97-04. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the SEIR 97-04 reflects the independent judgment of the City Council of the City of Chula Vista. V. APPROVAL OF GENERAL PLAN AMENDMENT The Chula Vista General Plan Land Use Diagram is hereby amended as set forth diagrammatically represented on the attached Exhibit B to change the Eastlake Trails Project site as follows: a) change the Retail Commercial land use designation of 15 acres located at the northwest corner of the Trails SPA area to Low Medium density residential; b) relocate PQ site (school site) from the center to the west end of the SPA; c) relocate Park designation from the center of the SPA to the north end of the Trails SPA, within the Salt Creek open space corridor. VI GENERAL PLAN INTERNAL CONSISTENCY The City Council hereby finds and determines that the General Plan consistency is internally consistent and shall remain internally consistent following amendments thereof by this Resolution. VII. GENERAL DEVELOPMENT PLAN FINDINGS/ APPROVAL A. THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL DEVELOPMENT PLAN IS IN CONFORMITY WITH THE PROVISIONS OF THE CHULA VISTA GENERAL PLAN, AS AMENDED. The proposed amendments to the EastLake II General Development Plan reflects land use distribution and densities, circulation system that are consistent with all elements of the Chula Vista General Plan, as amended herein. B. A PLANNED COMMUNITY DEVELOPMENT CAN BE INITIATED BY ESTABLISHMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA PLANS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE. A Sectional Planning Area Plan is included in the proposed project for both the "Land Swap" Parcels and the Trails site. C. IN THE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT IT WILL BE IN HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OF THE SURROUNDING AREA AND THAT THE SITES PROPOSED FOR PUBLIC FACILITIES SUCH AS SCHOOLS, PLAYGROUNDS AND PARKS, ARE ADEQUATE TO SERVE THE ANTICIPATED POPULATION AND APPEAR ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF. The residential densities reflected on the amended GDP are compatible with the pattern and character of development approved with the original GDP (Trails) and the residential densities and non-residential land uses reflected on the "Land Swap" Parcels are compatible with the Otay Ranch General Development Plan, and such densities and commercial uses can be adequately served by the public facilities incorporated herein in the respective Public Facilities Financing Plans and therefore will constitute a residential and commercial environment of sustained durability and stability; and that it will be in harmony with or provide compatible variety to the character of the surrounding area, and that the sites proposed for public facilities, such as schools, playgrounds and parks, are adequate to serve the anticipated population and appear acceptable to the public authorities having jurisdiction thereof. D. ADOPTION OF AMENDED GENERAL DEVELOPMENT PLAN In light of the findings above, the amended EastLake II General Development Plan is hereby approved and adopted in the form presented and attached hereto as Attachment A. VIII. FINDINGS FOR PC PLANNED COMMUNITY DISTRICT REGULATIONS AMENDMENT The City Council hereby finds that the proposed amendments to the Eastlake II Planned Community District Regulations, as presented in Attachment B, is consistent with the Eastlake II General Development Plan and the city of Chula Vista General plan, and that public necessity, convenience, General welfare and good zoning practice supports the amendments. IX. SPA FINDINGS/ APPROVAL A. THE SECTIONAL PLANNING AREA PLAN FOR EASTLAKE GREENS (AS AMENDED) AND EASTLAKE TRAILS IS IN CONFORMITY WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. The amended EastLake Greens Sectional Planning Area Plan and the EastLake Trails Sectional Planning Area Plan reflect land use, circulation systems, and public facilities that are consistent with the EastLake II General Development Plan, as amended, and the Chula Vista General Plan. B. THE EASTLAKE GREENS SECTIONAL PLANNING AREA PLAN, AS AMENDED, AND THE EASTLAKE TRAILS SECTIONAL PLANNING AREA PLAN WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The EastLake Greens Sectional Planning Area Plan, as amended, and the EastLake Trails Sectional Planning Area Plan are consistent with the amended EastLake Greens and EastLake Trails Public Facilities Financing Plans, Air Quality Improvement Plans, and Water Conservation Plans and will, therefore, promote the orderly sequentialized development of the involved Sectional Planning Area Plan Areas. C. THE EASTLAKE GREENS SECTIONAL PLANNING AREA PLAN, AS AMENDED, AND THE EASTLAKE TRAILS SECTIONAL PLANNING AREA PLAN WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within the EastLake Greens Sectional Planning Area Plan and the EastLake Trails Sectional Planning Area Plan represent the same uses approved by the EastLake II General Development Plan and will not adversely affect adjacent land use, residential enjoyment, circulation, or environmental quality. D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE 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 do not involve areas planned for industrial or research uses. E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The relocation of the park parcel in EastLake Trails respond to final master plan refinements of the Salt Creek Community Park concept plan; the relocation of the elementary school in Eastlake Trails to be closer to major roads on the periphery of the neighborhood improves access to the school and decreased traffic intrusion into the residential neighborhood, and therefore, development will be appropriate in area, location and over-all planning to the purpose proposed and that surrounding areas are protected from any adverse effects from such development. F. THE STREET AND THOROUGHFARES 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 system will be improved in accordance with the General Plan concurrent with the proposed development. G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION(S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION(S). The Eastlake Greens SPA Plan incorporates the Freeway Commercial and Professional and Administrative Commercial located within the "Land Swap" Parcels and located adjacent to SR 125 freeway into the plan of proposed development. These commercial use reflect the adopted Chula Vista General Plan and will provide needed commercial services to future residents in the area. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The amendments are consistent with the previously approved plans and regulations applicable to surrounding areas and therefore, said development can be planned and zoned in coordination and substantial compatibility with said development. BE IT FURTHER RESOLVED that in light of the findings above, the City Council does hereby approves the Eastlake Greens Sectional Planning Area (SPA) plan amendments and the new Eastlake Trails SPAin the form presented and attached, and subject to the conditions set forth below: X. SPA CONDITIONS OF APPROVAL The City Council does hereby approves the Eastlake Greens SPA amendments, new Eastlake Trails SPA plan, and associated documents, subject to the following conditions: General Conditions 1. Implement all environmental impact mitigation measures identified in SEIR- 97-04, the candidate CEQA Findings for this project (Exhibit C), the Mitigation Monitoring Program (Exhibit D). 2. Install all public facilities in accordance with the PFFPs or as required to meet the Growth Management Threshold standards adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. 3. Approval of the Eastlake Greens and Trails SPAs 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. 4. Prior to, or concurrent with approval of the first Final Map, enter into an agreement with the City of Chula guaranteeing the provision of affordable Housing units in accordance with the Eastlake Trails Comprehensive Affordable Housing Program. 5. Submit and obtain approval by the Director of Planning and Building and Housing, and Parks and Recreation Commission of the Community park plan. Park acreage credit may be revised as a result of the final approved park plans as deemed appropriate by the Director of Planning and Building and Housing. 6. The installation of transit facilities along Hunte Parkway and south end of Eastlake Parkway ("Land Swap" Parcels) shall be concurrent with transit service availability. Since this may not coincide with project development, the Developer shall deposit funds in the amount determined by the City's Transit coordinator to insure that these facilities are installed when requested by the City. 7. Prior to approval of the first Final Map in the Trails, Amend the Eastlake III General Development Plan to incorporate the Comprehensive Affordable Housing Program and the Community Purpose Facilities Master Plan adopted as part of this Resolution. 8. Prior to approval of the first final map, revise the Eastlake II GDP, Eastlake Greens and Eastlake Trails SPA documents, as deemed appropriate by City staff, deleting strike underline and references to previous documents, and submit to the Planning Department 20 revised sets in plastic binders. 10. Modify the Eastlake Trails Water Conservation Plan as necessary to incorporate all new water conservation policies adopted by City Council, and Comply and remain in compliance with said policies. Xl. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to the their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of shall future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, instituted and prosecute litigate or compel their compliance or seek damages for their violations. No vested rights are gained by Developer or successor in interest by the City approval of this Resolution. XII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon enforceability of each and every term provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its sole discretion, this resolution shall be deemed to be revoked and no further in force or in effect. Presented By: Approved as to form by: Robert A. Leiter Director of Planning John Kaheny City Attorney ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE II (EASTLAKE I EXPANSION) PLANNED COMMUNITY DISTRICT REGULATIONS. I. RECITALS A. Project Site WHEREAS, the properties which are the subject matter of this ordinance are diagrammatically represented on Exhibit A attached hereto and incorporated by this reference, and located within the Eastlake II (Eastlake I Expansion) Planned Community Area of the City of Chula Vista ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on March 12, 1997, The Eastlake Company ("Developer") filed an application requesting amendments to the Eastlake II (Eastlake I Expansion) Planned Community District Regulations (known as Document No. _ on file with the office of the City Clerk) Land Use District Map and Land Use District designations of certain areas within the Eastlake Greens and Eastlake Trails Planned Community and areas outside the Eastlake planned Community known as the Northern and Southern "Land Swap" parcels ("Project"); and, C. Prior Discretionary Approvals WHEREAS, the Eastlake Greens have been in part the subject matter of a Sectional Planning Area (SPA) Plan previously approved by City Council Resolution No. 15199 ("Eastlake Greens (SPA) plan") and Planned Community (P.c.) District Regulations previously approved by City Council Ordinance No. 2317 (Eastlake Il-Eastlake I Expansion-Planned Community District Regulations) on July 18, 1989. D. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public hearing on said project on November 11, 1998, and voted to recommend that the City Council approve the Planned Community District Regulation text and Land Use District Plan amendment in accordance with the findings listed below. The proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on November 11, 1998, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. E. City Council Record on Applications WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on November 24, 1998 on the Discretionary Approval Application, and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, F. Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council meeting at which this ordinance was introduced for first reading (November 24, 1998), the City Council of the City of Chula Vista approved Resolution No. by which it imposed amendments on the City General Plan, Eastlake II (Eastlake I Expansion) General Development Plan, Eastlake Greens Sectional Planning Area SPA Plan, Eastlake Greens Design Guidelines, Eastlake Greens Air Quality Improvement Plan, Eastlake Greens Water Conservation Plan, and Eastlake Greens Public Facilities Financing Plan; and adopted a Sectional Planning Area( SPA)plan, Design Guidelines, Public Facilities Financing Plan, Air Quality Improvement Plan, Water Conservation Plan and Comprehensive affordable Housing for the Eastlake Trails Neighborhood. II NOW, THEREFORE, the City of Chula Vista does hereby find, determine and ordain as follows: A. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby finds that FEIR-89-1O and SEIR-97-04 has been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista, and hereby certifies the SEIR 97-04. B. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council does hereby find that in the exercise of their independent review and judgement, the Supplemental Impact Report (SEIR 97-04) in the form presented has been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines and the Environmental Review procedures of the City of Chula Vista and hereby adopt same. C. FINDINGS FOR P-C PLANNED COMMUNITY ZONE AMENDMENTS The City Council hereby finds that the proposed amendment to the Eastlake II (Eastlake I Expansion) Planned Community District Regulations Land Use Districts Plan are consistent with the City of Chula Vista General Plan, and public necessity, convenience, the general welfare and good zoning practice support the amendments. D. APPROVAL OF ZONE AMENDMENTS The City Council does hereby approve the Planned Community District Regulation amendment to the Land Use District Map as diagrammatically represented in Exhibit A. III. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Ordinance is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. IV. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by Robert A. Leiter Director of Planning John Kaheny City Attorney M:\home\planning\1uis\pcm-9709.CCO ATTACHMENT 3 FIGURES ------ General Development Plarl -............ -.., 0 \. '--.. ~ ., , .. \ \0\ ./ -. . .;":;'~Uf)LElt:~_~ . . o RESIDENTIAL Land Use Acres du/ac Units L Low 250.5 0-3 743 LM Low/MedIum 381.0 0.6 1903 M Medium 2511 6.' 1 2023 Mh Medium/High 115.3 11-18 1608 H High 11 .0 18.27- 250 Sub-Total 1008.9 6527 NON-RESIDENTIAL Land Use Acres c Retail 51.9 C-C Prof & Admin 6.8 I-R Res & LId Mfgr 135.9 ~open Space 187.6 PC Public/Quasi-Pub 146.9 P Parks & Rec. 296.2 Major Circulation 214.7 Sub-Tolal 1040.0 ~Future Urban 72.9 Project Totals 2121.8 PO . 6527 . C.....'a.'. c~....~~ SOl. (C).. ........ 0.""7\0_ ....u. _~1 to I."... c..-., c._.~" A_, to ... c.......,_, _,,~ ,... c...... ~..t. r...-., ..." ~ F:ASTLAKE A PlANNED COMMUNITY BY EASTLAKE DEVELOPMENT CO. ~intim ~,~!:,:~:n! L ~ "'!!I~ ... _6-...... VIJI~5 Figure 1 General uevelopment Plan Proposed > .. }~ "0'- ." ~~ f!i7 LAND USE I Gross c::r::J ..c.... RFC:/nFWTIAI L Low (C-3 du/ae) 197.a 3.0 5a5 LM Low-Med. (3-6 dulse) 451.2 4.8 2147 M Medium (6-11 dulse) 240.8 84 2019 MH Med-High(11-18 dulse) 152.3 139 2114 H H!gh (18-27+ dulse) 10.3 24.3 250 Sub-total Residential 1052.4 6.8 7115 N()N_RFSlnFWTIAI C Retail Commercial 38.. FC Freeway Comm, 50.7 PA Professional & Admin. 30.7 OR Res. & Ltd. Manufadunng 127.8 OS Open Space 230.6 I'Q PublicJQu..i-Public. 147.7 P Parks & Recreation 282.2 Major Circulation 217.9 FU Future Urban 7.7 SuMotal Non-Residential 1132.2 FU . . IncJudes CPF Siles. Refer to Land U. Drstricts map for Joca;lioIJ.$ Note_ Oteulation /1JCIIcatfld by dashed ""'" not ItICJud8d in MalO' Citt:U8boII8CfIIS FIGURE 2 ~ E4STLAKE II A planned community by The EastLake Co. ~intim ::=..~=::! ~ rw19030-98 VIII. 5 z <{ --.J 0.... z o - ~ N --.J f- ::::> <. ~ ""OO1..,.If)~::;,t:.Il",CD""NNW""C7,..,...,.CDo-, .55 ,If)..,. 0>= ::?, ~C-,...~ 1%)(7)..,. c:>109 ;;:If)~? 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I ! ~ I ~ ~ ~ ~ .... <( .... o .... >- l.> W , o '" Q. :: fI) 011 or: - o - Q; l.> (ij 0. 0. '" ~ (/) '" c: '" -' oS 'i '" Q) '" Q; E "C 011 )( 011 C C III 011 .c o - II) III I!! cI: to Q) < Eastlake II GDP SPA Boundaries '", I'a!"",a~ O\~(fI? EastLake I SPA (Original EastLake I GDP) EastLake Greens SPA ......... . EastLake . Trails SPA ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. -. ......... Salt Creek SPA .~ fASTlAKE ~inti rT1 Land Planning l ~ _[)o,op.c....''''n...'_ ~I ,.,,---= - 1- A PLANNED COMMUNITY BY WTI..AKE DEVELOPMENT CO. Figure 5 ~I u....... ..- R.1 LOW-SFD R-2 UNr- SfD R-3 lowMlld-SFC R:~ LowMecl.-SFC Roo5 ....ail.wr1-SfDISFAoW" R~ IoIBdit.n1_ SFCI'Sf'AoUF Su_ HON-...RoII'UOwnA.L 1""""'- -2 ~ReaeIIion ElMnentarySctGol CPF so. -""'" - Spooo Cir. MIforC~ .....- ~FultJ~Uro.n SPA. TOTAl .____"'___110"00. - FU p-, F\J ~ i'.c.' _I """."IT'-IT"""I '", D6M.~l.8w+IiuhdUlaeU"ttr. " / FU / / R-' os 10.. 25-" 30 " OS ,~o 25-" 3.0 30 RP 1i.2 341>4" 4.' 363 RP 1:16." 000-"" '0 '33 RC as 8(1.110 10.3 " RC i.~ 80-110 '0 .. ..... 5., ,,., OS-< 25.:'; OS-< ... PC-' 132 CPF 4$ 0$-7 20A 05-' 5.3 ".0 ----.c:6 R-3 os-, F\J 7.7 = 3.h 11U' , __IIy__________C-- .....;P..D~__ ~U~~~_._..___k~__ castLake Trails A Planned Community by The EastLake Company n...Jl . - - - ~inti ~ ~.c~!~~~ ~~ FIGURE 6 1-14 CLUBHOUSE DRIVE PARKWAY STREET (120' MIN.) AND VIEW CORRIDOR TO PRIVATE RECREATION AREA/PARK SINGLE LOADED ROAD WITH RESIDENTIAL UNITS FACING PARK CUL DE SAC STREET USED TO ACHIEVE UNLOADED ENTRY STREET ENTRANCES DESIGNED TO QUICKLY DISTRIBUTE VEHICULAR TRAFFIC INTO NEIGHBORHOOD LOCAL STREET AS VIEW CORRIDOR TO PARK ELEMENTARY SCHOOL LOCATED CENTRAL TO TRAILS NEIGHBORHOOD AND ACCESSIBLE FROM HUNTE PARKWAY LOCAL STREETS ORIENTED TO RECREATION AREA TWO MULTI FAMILY AREAS LOCATED BETWEEN ELEMENTARY SCHOOL AND PRIVATE RECREATION CENTER LOCAL STREET AS VIEW CORRIDOR TO PARK EASTLAKE TRAILS ..--.. ~ PROJECT DESCRIPTION FIGURE 7 ~ '"'/->'---'\ I ~ ~" .tl, J . 7 / ~~y~.~ .~.. ~/"~.,, ,t-y _ 7\ "',~, ~"7 \ -.....:.~ / ;( <-) \, /~ ~ / .r~ I '\ ) ~........ ~ '-"I{ /A~ ~l ,( ~~,,~I/O"D ( ");., ....." ------.. "';;;;;;:: ~ \~ )) ------ "~ ~ 1 ~ (1..0 ______ ' ~ U!);/\\~""'./ / {'" R.f.,to P."'s ~ \::.:d:-........ "" ......... { Master PLan 'or .1 ~ /. "'" y"""\ ,~'-.:::::~,,-\ O'Od'nglns." / /.....~ ~ I >~ ~j::.":;L-- C_kComd",: /..J r> r./ /' ~\ ../" / ]:----:t:... 'f / f/ ..J " \\( 660.....,/ // /'~ : / Ie /'O'/.C ~ II/)(Jisof / // I \ ~ ( / ..., /r- / / ij1 . f I -'I ~ /"'o..J"'L.-€>~cf"-~? j I / ! I .1 f \\) (/ ~jjJ( ~ ! / ~\ 1\ : I i ~,,'X /l_..#';?/! \ II g I III 1 ) ./ r'---..Jl r ( \ ~) It) I I . & . ---r-f---I--J (I ~ \~./ I I i? /i \ i --I'. -t-+--f-.---.i. r!--I~ \ (/ I I I'" 111 : \' I I 1 r--L_I -(~ I I ,/ J l \\, i I \ J t" '~~f-- ;~-;~l I /f~/ "1 \ \ V Ie \ \ \ > ) ) 't --..L -/ ,- -I~ . \, \ i \ \ \ <. \\\ I I If - '--1--..( I , \\\i \ \I, )\\\ I I \, I : \"~ ,J \~ (,,'bC \\ I \ \ l" ~'-___ \ '\:--.;,'0 ~ ":< ?~~ \ \ ') \_11 ., ,\,-" <00 \.~ V '\~ \ \ \ I \'^../ r<f1"Y.;;.(---'.-J\ \.....,)/ L// \ ~~~) \~ \ t ~ l'lf qJO : "',~./ ~ '- \ I II r 1 , '\\..,,- /# /,"\ J )1'-5201 1\ : \'.'-~J/' "'"...1 J \ \ , \~~ fl\ J '-~ t::. _.J.J . ~~ ,~,,€>C,/i' -~lL- \ ~~~~"o r \ ~ ~\ '~ \..... ""\ /) --;APicPARKW~Y' \\~~\ a"~~~....-':""",. '\ I~ /' .-.. ~ / ...-'........ Q5/ ~ ~EASTLAKE TRAILS GRADING PLAN Source: P&O, Inc. t, PLANNED COMMUNITY by THE EASTLAKE COMPANY IV-3 n.J1 . - - - ~inti m Land Planninl!: l . 1 FIGURE 7a Exhibit 1 Low & Moderate Income Housing Sites Composite General Development Plan for EastLake Low Income Housing Sites o EastLake Vistas Site ~ EastLake Woods Site @ EastLake Land Swap Site ~, ~"-"'i1 _, " 00 L j~ 1:;,3:..., ~,- d~ ':'>~ ,,,",,, ~ i. ...~ ,....-..-t. "...,~;/ !II . ~. \'~~\~\~"'~ "'" 'I . ':~ " \ 1- \ L %; " \: 1r R L ~'"1 ~.. L ;f.~;7.~~ I) M \ "..-....::)......-..7,;. \\-..._.~. ~j<< '. . il.M PO ,J...l . ~.~.;; \'.\ R ~~.;:=i~ IRe=l. Ir(\, L (( PO I P \ " ~. ), J MI DO' {R! R ~l II \~~. -I ..) r '. LM M i) p ,'= . -J"'" p \ -\1 IR \ '\ \~ L I .oj _ , ~i -~ 01'\ J......-......... :c--..- .-.......J(. L~.~ . :. ~ " ',\ ",/ \\P~ M .........' IlL +, \~.._. . . c l~, p ~ \\ ;J+ ~~ ,,? :"~"\'~.\J ~~. .//"'0- ;z~~ . / '--' ~ os l J..::;r; r~ /' LM-4. ;0 I c~ p r',.1\ p L :;') (/,,","_,. __ P ...,...~ J 4" PA [. \. M ii'Vt MH!r-..~ ~-~- -", . #,,J1,,,, ,.", ~.. ',. J~ p .. LM { \ f \ \ C; I PO \~l .~~.J.,l-=t,,,____ M .,.' \ L IlL :; :. Irl ..~ p .\ "'3\~M ~",< p L) II t~ r /IPO I LM ;s,: ";,. /" II O~\ . MH! \ p ~.LM'~,( .~ / .\ ! \\ '~~,--.:. p:::,::::",,_-A" ) I'! PO' M . , L AI, LM L MH M.o \ ~ -p" ~ 'I ~\.. ~ .~. "-': \}1~ ~t~ MHP :~~\~6R CV ~.~ ~ ~jL ~.=--- .\ PQ .;-., ..~ . (OT) )/ \ f~ PV! . ..). \-{,~ J \ p), . .! ., \1 . :I \1.." Moderate Income Housing Sites Dispersed without assignment in M, MH, & H Density Categories. E..tU.~. . E..t~t.... ..4 fASTLAKE ~intim "R.-' , A PlANNED COMMUNITY BY ENmAKE D€Va.OPMENT CO Figure 8 Mdster Plan of Community Purpose Facilities Dwelling Units CPF ac/du Total CPF ac. Req'd. EastLake 11* EastLake III Total" Greens~ I Trails (adopted plan) CPF Site Locations CD o 8 " .. 3443 0.004003 13.8 1143 1767 6353 0.004003 4.6 0.004003 7.1 25.4 -- EastLake J (north of Otay Lakes Rd.) is excluded from this table. *... Includes the Land Swap area. EastLake III . EastLake Trails EastLake III EastLake Greens ~E4STLAKE ~intim Land PJ.Uiiiiiig l i ..._........_~ fIIII!I III!!! A Planned Community by EastLake Development Co. XI-5 Figure 9 ATTACHMENT 4 SUBSEQUENTENVlRONMENTAL IMPACT REPORT SEIR 97-04 (INCLUDED WITH ITEM _ OF THE PLANNING COMMISSION AGENDA) ATTACHMENT 5 EASTLAKE GREENS SPA (SEE EASTLAKE GREENS BINDER) ATTACHMENT 6 EASTLAKE TRAILS SPA (SEE EASTLAKE TRAILS BINDER) ATTACHMENT 7 DISCLOSURE STATEMENT APR. -02' 98 (THUI 14: 22 EASTLAKE TEL:6l9 421 1830 P. 002 . APPENDIX B THE CITY OF CH\n..A VISTA DISCI nc:URE STATEMENT You are required tD file a Stalemenl or Dlsl;!osure Df ccnain """,ership Dr financial intereslS, paymenlS, Dr campaign coRuibulions, on all mailers wbicb will require discretionary aClion Dn Ibe pan Df Ihe City Council. Planning Commission, and .U olher official bodies. The following information mus' be disclDSed: 1. List the pam'" of all pel5DRS having a IInancial inleresl in Ibe properlY wblc:h is Ihe subject of Ihe application or the conlract, e.g., OWDCT, appUdant, ODlltraClor, subconlractor, material supplier. . THE EASTLAIE r.nM'P&1G'9' 1.1.r. a Lt.dted Liability Company '" I' 2. Ir any person" identified pursuant to (1) above is a corporatiOD or panllerShip, list the urnes DC III iDdlviduals owning more tllan 10'10 Df the sbares in the ODrporalion or owning any pannership interesl in the pannelShip. nla 3. II any pelSOn" identified pursuant to (1) abcM> is non-profit orpnizlllion or a 1ru<1, list the names of any person serving IS dircctor Dr tbe non-profit organizalion or IS tf\lStce or beneficiary or tlUSlOr oC the IfUlL n/a 4. Have you had more than $250 wonb oC business traM8cted wilh any member of Ihe City staff, Boards, Commissions, Comminces, alld Council within tbe: past twelve monlhs' Ycs_ No...u Ir yes, please indicale per.;on(5): 5. Please identify eacb' and cYCty persall. IDeluding any agenlS, emp\0yec5, aJDSultants, or iDdependenl aJnlraclors wbo you bave assigned to reprosenl you before the Cil)' in this maner_ -. -. Bruc. Sloan. The EastLake Cn..nanv 6. Have YO. lad/or your olficclS or agents, in the agngale, ClllllrlbuICoI more tban $UIIO 10 a CoUDdlmember In tbe culTCIII or prca:diDS cJed.ion period? YIS....,.... No~ If,a, SUlle which Counc:ilmcmber(s): · . " (NOTE: ---?;W?~ SiplBI ure or CDDll'ldDrlappIicanl DaIC: Prinl or Iype lIame.oC CDn\IKUIr/lpplicaal . ~"*JWWJI- 'WWtJo..... -~~CI7.r--........jai1tI~~.......,.,.......,~...~'_"':","- A~.-..r.""'''' er"';"-,< . ....... ... I'. r-' . . ___ .___,_....I}..I~__ __,-'o_____w...w-~.~....dL. . PLANNING COMMISSION AGENDA STATI<;N.lENT Item: 4 Meeting Date: 11/11/98 ITEM TITLE: Public Hearing: PCS-99-02: Tentative Subdivision Map for condominium purposes dividing neighborhood R-46 into twenty-eight (28) residential and one (1) open space lots for a 117 unit multi-family residential development in Otay Ranch Village Five - Applicant: Cornerstone Communities The Applicant, Cornerstone Communities, is proposing to develop a 117 unit multi-family residential condominium project on neighborhood R-46 located on the northwest corner of East Palomar Street and Santa Cora A venue (see Exhibit A in the City Council Resolution of approval). The Project will consist of 39 tri-plex units in various configurations built on lots that will be created as a result of the Tentative Subdivision Map PCS-99-02. The Environmental Review Coordinator has reviewed the Project and determined that it is in substantial conformance with the SPA Plan and the related environmental documents and that the Project would not result in any new environmental effects that were not previously identified, no r would the proposed Project result in a substantial increase in severity in any environmental effects previously identified. RECOMMENDATION: That the Planning Commission recommend that the City Council approve the attached City Council Resolution No. _approving Tentative Subdivision Map PCS-99-02. BOARDS/COMMISSIONS RECOMMENDATION: On September 21, 1998 the Design Review Committee voted 3 to 0 approving the architectural and site plan aspects of this Project. DISCUSSION: 1. Site Characteristics The site is located on the northwest corner of East Palomar Street and Santa Cora A venue. The site is level with the Village Five core but there is a 40 to 45 foot difference in elevation with La Media. The vehicular access is located near the northeast corner across from the elementary school site, while a separate pedestrian path will access out to East Palomar near the corner of Santa Cora. 2. General Plan. Zonin~ and Land Use Site: North: South : East: West: GENERAL PLAN Village Core Village Core Village Core Village Core Low Med. Village OT A Y RANCH SPA PLAN DESIG. RM-2 SF-4 RM-2 SchooI/CPF SF-3 CURRENT LAND USE Vacant/Graded Vacant/Graded Vacant/Graded Vacant/Graded Vacant/Graded PCS-99-02: Cornerstone Communities Item No.4, Page NO.2 November 11, 1998 3. Proposal The Applicant is proposing to subdivide neighborhood R-46 into 19 residential, two common, seven circulation and one open space lots for a total of 29 lots in order to construct 117 condominium units. 4. Analysis The subdivision of the 7.69 acre site as proposed implements the Otay Ranch General Development Plan and SPA One Plan by providing multi-family units in air space condominium ownership. All issues have been addressed or implemented through the adoption of various documents and plans, including the Public Facilities Finance Plan (PFFP) for SPA One, and the architectural and site plan approval through the Design Review Committee. The PFFP ensures that all appropriate and adequate facilities will be constructed in a timely manner as related to this Project and surrounding development. The Design Review Committee's approval of the architectural style and site plan ensure an aesthetically pedestrian oriented development. Compliance with the Otay General Development Plan and the SPA One Plan The Otay Ranch General Development Plan (GDP), which establishes general pattern, intensity and character of development, designates the site MH, Residential Medium High density (11-18 du/ac). The SPA One Land Use Plan identifies neighborhood R-46 as MF (Multi-family) with a target of 126 dwelling units at a density of 17.5 du/ac. The proposed condominium subdivision will contain 117 units at a density of 15.17 dulac, which is well below the allowable density and permitted number of dwelling units. Thus, as conditioned, this subdivision is consistent with the Otay Ranch General Development Plan (GDP) and Sectional Planning Area One (SPA) Plan. Compliance with Planned Community Regulations The SPA One Plan Zoning District Map shows neighborhood R-46 zoned RM-2 (Residential Multi-family Two). The District Regulations indicate that "multiple dwellings (3 units and above)" is a permitted land use. Lot sizes for this district are established through the site plan process and vary depending on the building layout. In the case of this Project, residential lots vary in size from 5,957 sq.ft. to 23,248 sq.ft. The remaining lots are divided into circulation, common and open space lots that vary in size from 4,033 sq. ft. to 1.55 acres. These lots will accommodate 117 townhouse type condominium units in various triplex, six plex and nine plex layouts by providing circulation, common and access parcels to the Project site. PCS-99-02: Cornerstone Communities Item No.4, Page No.3 November 11, 1998 5. Conclusion Staff has concluded that the Tentative Subdivision Map PCS-99-02 implements the Otay Ranch General Development Plan, the SPA One Plan and related documents creating single family attached units with air space condominium rights. Staff recommends approval of the tentative map. Attachments 1. Locator Map 2. Disclosure Statement 3. PCS-99-02 - TenUltive Map for Gtay Ranch R-46 H :\HOME\PLANNING\MARTIN\TSM9902\9902PC. RPT ~ PROJECT lOCATION C HULA VISTA PLANNING DEPARTMENT LOCATOR PROJECT CORNERSTONE COMMUNITIES PROJECT DESCRIPTION: C) APPLlCANr: TENTATIVE SUBDIVISION MAP PROJECT OTAY RANCH Request: To subdMde 7.69 acres Inot 28 lots for ADDRESS: NEIGHBORHOOD R.46 11 7 mu~l-famlly residential un~s within Village Five of SCALE: FILE NUMBER: OIay Ranch SPA One. NORTH No Scale PCS-99-02 h:\home\planning\carlos\locators\pcs9902,cdr 10/29/98 TIlE cr APPENDiX ~ CHULA VISTA DISQ.OSURE ST,6 .NT You are required to file a Statement of Disclosure of cenain ownership or financial interests, payments, or campaign .....ntributions, on all matters which will require discrctionary action on the pan of the City Council, Planning Commission, and other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is the subject of the application or the oontract, e.g., owner, applicant, oontractor, subcontractor, material supplier. (1) OTAY RANCH R-46 LLC (BUYER IN ESCROW) (2) MC MILLIN - D.A. AMERICA OTAY RANCH LLC (SELLER IN ESCROW) \;. (3) CORNERSTONE COMMUNITIES CORPORATION (GENERAL CONTRACTOR) 2. If any person" identified pursuant to (t) above is a corporation or pannership, list the names of aU individuals owning more than 10% of the shares in the corporation or owning any pannership interest in the pannership. (3) URE. R. KRETOWICZ (OWNER) 3. If any person" identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trusl N/A 4. Have you had more than S250 wonh of business transacted with any member of the City staff, Boards, Commissions, Commillees, and Council within the past twelve months? Yes_ No..1L. If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees. consultants, or independent contractors who you have assigned to represent you before the City in this mailer. URE R. KRETOWICZ, CEO JACK ROBSON, V.P OR OPERATIONS 6. Have you and/or your officers or agents, in the aggregate, contributed more Ihan SI,OOO 10 a Counci1member in Ihe current or preceding election period? Yes_ No..1L. If yes, slate which Councilmember(s): · · . (N01E: Aitadt additioaal pa~ .s ) . . . Date: .b'/2.b/q'l Signature of contractorlapplican! A K ROBSON V.P. OF OPERATIONS Print or Iype name of contractorlapplicanl " ~ is dqul<li QS: "Any individouII, firm, <t>-pannmhip, joiN _rc:. QSSlJC;azj",. $<X"" club, frat<rnDI "'FUzazim. <o'POU"",#I, _IIWI, r<<<i....., .,...s;c1UC, rhis mui ony odrc- <OIUII)', city mui <OWIlP)'. <iIy municipQ/iry, dinria, or odrc- poli.koJ subdivUiol. or ony olh8 t!""p or <_on aaUlJi as () WUL' RESOLUTION NO. PCS-99-02 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE A TENTATIVE SUBDIVISION MAP FOR CONDOMINIUM PURPOSES FOR OTAY RANCH NEIGHBORHOOD R-46 WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit A attached to City Council Resolution No. _ and described on Chula Vista Tract 99- 02 and is commonly known as Cornerstone Communities/Neighborhood R-46 ("Property"); and WHEREAS, Cornerstone Communities ("Applicant") filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as Cornerstone Communities, Chula Vista Tract 99-02 ("Project"), with the Planning Department of the City of Chula Vista on August 25, 1998; and WHEREAS, the application requested the approval for the subdivision of approximately 9.27 acres located between La Media and Santa Cora Avenue north of East Palomar Street into nineteen (19) residential, two (2) common, eight (8) circulation/access and one (1) open space lots for a total of 30 lots; and WHEREAS, the development of the Property has been the subject matter of a General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298 and as amended on May 14, 1996 by Resolution No. 18285 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH #9010154 ("Program EIR 90-01 "); and WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Plan ("SPA Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286 ("SPA Plan Resolution") wherein the City Council, in the environmental evaluation of said SPA Plan, relied in part on the Otay Ranch SPA Plan Final Environmental Impact Report No. 95-01, SCH #95021012 ("FEIR 95-01 "); and WHEREAS, the Applicant filed an amendment to the SPA One Plan, PCM 97-20, consistent with the Project, and said amendment was adopted by the City Council on June 3, 1997 by Resolution No. 18686; and WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under Program EIR 90-01, FEIR 95-01, and addendum thereto, that is virtually identical in all relevant respects, including lot size, lot numbers, lot configurations, transportation corridors, etc., to the project descriptions in said former environmental evaluations; and WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and determined that it is in substantial conformance with the SPA Plan and the related environmental documents and that the Project would not result in any new environmental effects that were not previously identified, nor would the proposed Project result in a substantial increase in severity in any environmental effects previously identified; and WHEREAS, the Planning Commission set the time and place for a hearing on said Tentative Subdivision Map PCS-99-02 and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m. November 11, 1998, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has determined that the approval of Tentative Subdivision Map PCS-99-02 is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving Tentative Subdivision Map PCS-99-02 in accordance with the findings contained in the attached City Council Resolution No. _ And that a copy of this resolution be transmitted to the owners of the property and the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 11 th day of November, 1998 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Patty Davis, Chair ATTEST: Diana Vargas, Secretary RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR A PORTION OF THE OTAY RANCH SPECIFIC PLANNING AREA ONE PLAN, CHULA VISTA TRACT 99-02, CORNERSTONE COMMUNITIES/NEIGHBORHOOD R-46, AND MAKING THE NECESSARY FINDINGS I. RECITALS A. Project Site WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit A attached hereto and described on Chula Vista Tract 99-02 and is commonly known as Cornerstone Communities/Neighborhood R-46 ("Property"); and B. Project; Application for Discretionary Approval WHEREAS, Cornerstone Communities ("Applicant") filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as Cornerstone Communities, Chula Vista Tract 99-02 ("Project"), with the Planning Department of the City of Chula Vista on August 25, 1998; and WHEREAS, the application requested the approval for the subdivision of approximately 9.27 acres located between La Media and Santa Cora Avenue north of East Palomar Street into nineteen (19) residential, two (2) common, eight (8) circulation/access and one (1) open space lots for a total of 30 lots; and C. Prior Discretionary Approvals WHEREAS, the development of the Property has been the subject matter of a General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298 and as amended on May 14, 1996 by Resolution No. 18285 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH #9010154 ("Program EIR 90-01 "); and WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Plan ("SPA Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286 ("SPA Plan Resolution") wherein the City Council, in the environmental evaluation of said SPA Plan, relied in part on the Otay Ranch SPA Plan Final Environmental Impact Report No. 95-01, SCH #95021012 ("FEIR 95-01"); and Resolution NO. Page No.2 WHEREAS, the Applicant filed an amendment to the SPA One Plan, PCM 97-20, consistent with the Project, and said amendment was adopted by the City Council on June 3, 1997 by Resolution No. 18686; and WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under Program EIR 90-01, FEIR 95-01, and addendum thereto, that is virtually identical in all relevant respects, including lot size, lot numbers, lot configurations, transportation corridors, etc., to the project descriptions in said former environmental evaluations; and D. Environmental Review Coordinator Determination WHEREAS, the City Environmental Review Coordinator has reviewed the Project and determined that it is in substantial conformance with the SPA Plan and the related environmental documents and that the Project would not result in any new environmental effects that were not previously identified, nor would the proposed Project result in a substantial increase in severity in any environmental effects previously identified; and E. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on November 11, 1998 at which time the Planning Commission voted to recommend that the City Council approve the Project in accordance with staff's recommendation and the findings and conditions listed below; and F. City Council Record on Application WHEREAS, the City Council set the time and place for a hearing on the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City at least ten days prior to the hearing; and WHEREAS, a hearing was held at the time and place as advertised on December 8, 1998 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, THE CITY COUNCIL finds, determines, and resolves as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this project held on November 11, 1998, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. Resolution NO. Page No.3 III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Program EIR 90-01, Second-tier FEIR 95-01, and addendum thereto, would have no new effects that were not examined in the preceding Program EIR 90-01 and subsequent Second-tier FEIR 95-01 (Guideline 15168 (c)(2)); and IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR PROGRAM EIR The City Council hereby finds that: (1) there were no changes in the Project from the Program EIR and the FEIR which would require revisions of said reports; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous reports; (3) and no new information of substantial importance to the Project has become available since the issuance and approval of the prior reports; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the Program EIR and FEIR, and a third Addendum has been prepared (Guideline 15168 (c)(2) and 15162 (a)). V. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the GDP EIR (90- 01) and the SPA Plan EIR (95-01) and the Final EIR with first, second and third addendum's adequately describes and analyzes this project for the purposes of CEQA (Guideline 15168 (e)). Notice on the SPA EIR was given on June 4, 1996. VI. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that Tentative Subdivision Map as conditioned herein for Cornerstone Communities Chula Vista Tract 97-02, is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Sectional Planning Area Plan as amended, based on the following: 1 . Land Use The Project is a multi-family project in a planned community which provides a residential density of 15.15 dwelling units per net acre (12.62 dwelling units per gross acre). The project is also consistent with General Plan policies related to grading and land forms. 2. Circulation Resolution NO. Page No.4 All of the on-site and off-site public and private improvements required to serve the subdivision are part of the project description or are conditioned consistent with the General Development Plan. The Applicant shall construct those facilities in accordance with City standards. 3. Housing A housing agreement between the City and the McMillin Otay Ranch (Master Developer) has been executed and is not applicable to subject Project. 4. Parks, Recreation and Open Space Parks, recreation and open space were conditioned under "A" Map conditions. Park and open space and programmable recreation facilities are the responsibility of the Master Developer. 5. Conservation The Program EIR and FEIR addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals and policies. 6. Seismic Safety The proposed subdivision is in conformance wit the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity of the Project. 7. Public Safety All public and private facilities are expected to be reachable within the threshold response times for fire and police services. 8. Public Facilities The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major project in the eastern territories. 9. Noise Resolution NO. Page No.5 The Project will include noise attenuation walls as required by an acoustic study dated June 6, 1995 prepared for the Project. In addition, all units are required to meet the standards of the Uniform Building Code with regard to acceptable interior noise levels. 10. Scenic Highway The roadway design provides wide landscaped buffers along La Media the only General Plan scenic highway adjacent to the Project. 11 . Bicycle Routes The Project is not required to provide on-site bicycle routes as the loop street is not a part of the regional circulation system. 12. Public Buildings No public buildings are proposed on the Project site. The Project is subject to RCT fees prior to issuance of building permits. B. 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. VII. CONDITIONS OF APPROVAL Unless otherwise herein specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to submittal of the related final map(s) as determined by the Directors of Planning and Building, Library and Recreation and/or the City Engineer; (b) unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required, the applicant shall be required to provide subordination of any prior lien holders in order to ensure that the City has a first priority interest in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document, the term "Developer" shall also mean "Applicant". The Applicant and Developer shall: GENERAL/PRELIMINARY Resolution NO. Page No.6 A. Comply with all conditions of approval of Tentative Subdivision Map PCS-97-02 as outlined in Resolution No. 18686 and Resolution 18979, to the satisfaction of the Director of the Planning and Building Department and the City Engineer, unless otherwise modified herein. B. Comply with the provisions of the Supplemental Subdivision Improvement Agreement (SSIA) for the "A" Map for McMillin Otay Ranch SPA One, Phase I (OR-204F) and the SSIA for the first "B" Map (Unit 4). C. Comply with the provisions of the Improvement Phasing Schedule approved as part of the revision of the Public Facilities Financing Plan (PFFP) approved on October 6, 1998. D. Comply with the provisions of CVT 97-02, McMillin Otay Ranch SPA I, Phase I Supplemental Subdivision Improvement Agreement approved by Council on July 14, 1998, and Units 1 and 4 Final "B" Map Supplement Subdivision Improvement Agreement approved by Council on E. Prior to final map, comply with all requirements and guidelines of the Parks, Recreation, Open Space and Trails Plan, Public Facilities Financing Plan, Ranch Wide Affordable Housing Plan, Spa One Affordable Housing Plan, and the Non- Renewable Energy Conservation Plan, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. F. Implements all terms, covenants and conditions contained herein, to the satisfaction of the Director of the Planning and Building Department, unless otherwise specified. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. G. Comply with all applicable sections of the Otay Ranch Specific Planning Area One (SPA One) Plan and conditions of approval. H. Enter into any and all agreements required hereunder in a form approved by the City Attorney. Resolution NO. Page No.7 DESIGN I. In addition to the requirements outlined in the City of Chula Vista Landscape Manual, landscape and irrigate privately maintained slopes in excess of 25 feet in height in order to soften their appearance as follows: 1 . An equivalent of one 5-gallon or larger size tree per each 1 50 square feet of slope area; 2. One 1-gallon or larger size shrub per each 100 square feet of slope area; and 3. Appropriate ground cover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and approved by the Director of Planning and Building prior to approval of the appropriate final map. J. Submit a comprehensive wall plan indicating color, materials, height and location to the Director of Planning and Building for review and approval prior to approval of the final map. Materials and color used shall be compatible with the approved architectural style and all walls located in corner side-yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a combination of the following: Decorative masonry block; and/or 1. Wrought iron material; and/or 2. Tempered glass. The exposed portion of any combination free standing/retaining wall as measured from finish grade shall not exceed 8.5 feet. The applicant shall submit a detail and/or cross section of the maximum/minimum conditions for all "combination walls" which include retaining and free standing walls. Said detail shall be included in the grading plans submitted for review and approval to the Director of Planning and Building prior to the approval of the final grading permit. The maximum height of all retaining walls shall be 2.5 feet in height when combined with freestanding walls which are six feet in height. A 2 to 3 foot separation shall be provided between free standing and retaining walls where the combined height would otherwise exceed 8.5 feet. K. Provide sectional roll-up type garage doors to all units. Resolution NO. Page No.8 STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS L. Prior to the approval of the final map, enter into an agreement to construct and guarantee the construction of all street improvements as required by the Otay Ranch Specific Planning Area One (SPA One) Plan Public Facilities Finance Plan (PFFP) for each particular phase, which could be a result of the cumulative development within SPA One. M. Secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the construction and/or construct street improvements for all on-site and off-site streets deemed necessary to provide service to the subject subdivision. Said improvements may 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, signs, landscaping, irrigation, fencing, fire hydrants and traffic signal interconnection conduits and wiring. Street cross sections shall conform to the cross sections shown on the Tentative Map. All other design criteria shall comply with the Chula Vista Design Standards, Chula Vista Street Design Standards, the Chula Vista Subdivision Manual and the City Landscape Manual current at the time of approval of the final map, unless otherwise conditioned or approved herein. N. Include a fully activated traffic signal at the following intersections as part of the improvement plans associated with the final map which triggers the installation of the related street improvements. 1 . East Palomar Street and Paseo Ranchero 2. East Palomar Street and Olympic Parkway 3. Olympic Parkway and La Media Road Install underground improvements, standards and street lights with the construction of street improvements, and install mast arms, signal heads and associated equipment as determined by the City Engineer. O. Ensure that all vertical and horizontal curves and intersections of all streets meet the sight distance requirements of the CalTrans Highway Design Manual, to the satisfaction of the City Engineer. Sight visibility easements shall be granted as necessary to comply with the requirements in the CalTrans Highway Design Manual. Any conflict between the CalTrans Highway Design Manual and the City standards shall be resolved by the City Engineer. Resolution NO. Page No.9 P. Prior to the approval of the final map containing parkways, agree to plant trees within all street parkways and street tree easements which have been selected from the revised list of appropriate tree species described in the Village Design Plan which shall be approved by the Directors of Planning and Building, Library and Recreation and Public Works. The applicant shall provide root control methods per the requirements of the Director of Planning and Building and/or the City Engineer and a deep watering irrigation system for the trees. The improvement plans, including final selection of street trees, for the street parkways shall be approved by the Directors of Planning and Building, Library and Recreation and the City Engineer. Q. Enter into an agreement with the City prior to approval of the final map wherein the Developer agrees to the following: 1 . Not protest the formation of any future regional benefit assessment district to finance the Light Rail Transit. 2. Fund its fair share of the cost of construction of the two pedestrian bridges connecting Villages One to Village Two and Village Five to Village Six as determined by the City Engineer based on the proportionate benefit received from the improvements. The developer shall also identify the financing mechanism to be used to fund said cost. R. Guarantee the construction and enter into an agreement to construct the pedestrian bridge connecting Village One to Village Five in accordance with improvement plans approved by the City prior to approval of the final map that requires construction of La Media Road between East Palomar Street and East Orange Avenue. The developer shall construct said bridge, at the time when that portion of La Media Road is constructed and may seek, with the concurrence of the City, repayment from other benefiting property owners through a reimbursement district. S. 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, update the standards and approvals to reflect the newly adopted Federal standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. T. Not install 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 : 1. The developer enters into an agreement with the City where the developer agrees to the following: Resolution NO. Page No.1 0 a. Apply for an encroachment permit for installation of the private facilities within the public right-of-way. b. Maintain membership in an advance notice system such as the USA Dig Alert Service. c. Mark out any private facilities owned by the developer whenever work is performed in the area. The terms of this agreement shall be binding upon the successors and assigns of the developer. 2. Shutoff devices are provided at those locations where private facilities traverse public streets, as determined by the City Engineer. GRADING AND DRAINAGE U. Submit notarized letters of permission to grade on all off-site properties, to the satisfaction of the City Engineer. V. In conjunction with the as built grading plans, submit a list of proposed lots with the appropriate grading plan indicating whether the structure will be located on fill, cut or a transition between the two situations. W. Comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. X. Designate all drainage facilities draining private property to the point of connection with public facilities as private. Y. Prior to approval of any precise grading plans, prepare and obtain approval by the City Engineer and Director of Planning and Building of an erosion and sedimentation control plan. Z. Indicate on all affected grading plans that all walls which are to be maintained by open space districts or other methods shall be constructed entirely within open space lots. AA. Include on the grading plans for the intersection at Olympic ParkwaylPaseo Ranchero a partial grading of the area that would accommodate the eastbound on-ramp and off-ramp and the westbound on-ramp of the future grade separated intersection. The elevations and extent of the required grading shall be determined by the City Engineer in order to: 1. Allow future construction of any additional grading necessary for the ultimate intersection configuration; and Resolution NO. Page No. 11 2. Construct the Poggi Canyon Channel at its ultimate location. BB. Prior to approval of the final map, agree to indemnify the City for any liability, claims or actions resulting from the downstream property owners accepting the increased flows. SEWER CC. Grant a public sewer and access easement over the proposed private streets (lots 22 through 28). DD. Grant on the appropriate final map a 20 foot minimum sewer and access easement for the sewer line located between residential units unless otherwise directed by the City Engineer. EE. Grant a 20 foot minimum sewer and maintenance access easement for the sewer line located within the Home Owner's Association's (HOA) slopes fronting La Media Road, unless otherwise directed by the City Engineer. PARKS/OPEN SPACE FF. Through implementation of the Project, satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1, 000 residents. Local parks are comprised of community parks and neighborhood parks. Pedestrian parks are an integral component of the plan and shall receive partial park credit as defined below. A minimum of two thirds (2 acres/1 ,000 residents) of local park requirement shall be satisfied through the provision of turn-key neighborhood and pedestrian parks. The remaining requirement (1 acrel1 ,000 residents) shall be satisfied through the payment of fees. GG. Ensure that all local parks are consistent with the SPA One PFFP and install same, to the satisfaction of the Director of Planning and Building and the City Engineer. A construction schedule, requiring all parks to be completed in a timely manner, shall be approved by the City Engineer. HH. Design and construct all local parks consistent with the provisions of the Chula Vista Landscape Manual and related City-adopted specifications and policies. OPEN SPACE/ASSESSMENTS II. Prior to approval of the final map, agree to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within and adjacent to the subject subdivision. Resolution NO. Page No. 12 JJ. If requested by the City, provide an irrevocable offer of grant to fee title to the City on the final map for all open space lots shown on the tentative map and execute and record an irrevocable offer of grant of fee title for each of the lots to be maintained through the Home Owner's Association (HOA). WATER KK. 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. EASEMENTS LL. Obtain, prior to approval of the final map, all off-site right-of-way necessary for the installation of the required improvements for that subdivision thereto. The developer shall also provide easements for all on-site and off-site public drainage facilities, sewers, maintenance roads, and any other public facilities necessary to provide service to the subject subdivision. MM. Notify the City at least 60 days prior to consideration of the final map by City if 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: 1. Pay the full cost of acquiring off-site right-of-way or easements required by the Conditions of Approval of the tentative map. 2. Deposit with the City the estimated cost of acquiring said right-of-way or easements. Said estimate to be approved by the City Engineer. 3. 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. 4. Request that the City use its powers of Eminent Domain to acquire right- 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 a, band c above shall be accomplished prior to the approval of the appropriate final map. Resolution NO. Page No. 13 NN. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any final map that proposes private utilities or drainage facilities crossing property lines, as directed by the City Engineer. AGREEMENTS/FINANCIAL 00. Enter into a supplemental agreement with the City, prior to approval of the final map, agreeing to the following: 1 . That the City may withhold building permits for the subject subdivision if anyone of the following occur: a. Regional development threshold limits set by the adopted East Chula Vista Transportation Phasing Plan have been reached. b. Traffic volumes, levels of service, public utilities and/or services exceed the threshold standards in the then effective Growth Management Ordinance. c. The applicant does not comply with the terms of the Reserve Fund Program. 2. That the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch SPA One if the required facilities, as identified in the PFFP or as amended by the Annual Monitoring Program, have not been completed. 3. 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 Councilor any approval by its agents, officers, or employees with regard to this subdivision approval. 4. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 5. Ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot on public streets within the subdivision. 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 Resolution NO. Page No. 14 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. 6. Include in the Articles of Incorporation or Charter for the Homeowners' Association (HOA) provisions prohibiting the HOA from dedicating or conveying for public streets, land used for private streets (i.e., in multi- family areas) without approval of 100% of all the HOA members. 7. Ensure that all insurance companies are permitted equal opportunity to go out to bid to provide a Cooperative Homeowner's Insurance Program (CHIP). PP. Enter into an supplemental agreement with the City prior to approval of the final map, where the developer agrees to the following: 1. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). 2. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities identified in the Otay Ranch General Development Plan. QQ. Prior to approval of the final Map, or as otherwise determined by the Director of Planning and Building, within SPA One and consistent with the City's Housing Element, Ranch-Wide and SPA One Affordable Housing Plans, enter into and execute with the City an Affordable Housing Agreement ("SPA One Affordable Housing Agreement") containing, but not limited to, the following provisions: (a) The obligation to provide the total number of low and moderate income units required under the City's Affordable Housing Program, based on the number of dwelling units contained within the Master Tentative Map for SPA One; (b) Identify the overall number of dwelling units within the Master Tentative Map for which the applicant can receive final map approval prior to the applicant selecting and guaranteeing, to the City's satisfaction, final affordable housing site(s); (c) The number of dwelling units within the master tentative map area which can receive building permit authorizations prior to the applicant obtaining building permits for a specified number of the required low income units; and (d) A description of what information must be provided in subsequent Project Level Affordable Housing Agreements. Upon its approval by the City, the terms and conditions of the SPA One Affordable Housing Agreement shall become conditions of this resolution, and is hereby incorporated herein by this reference. RR. Prior to approval of the final map, pay the Project's proportional share, as determined by the Director of Planning and Building, of a collaborative study analyzing local park needs for the area east of the 1-805 Freeway. Resolution NO. Page No. 15 SS. Prior to approval of the final map, provide security satisfactory to the City Engineer to guarantee the construction of the fair share of the improvements for the pedestrian bridges connecting Village One to Village Five, Village One to Village Two and Village Five to Village Six. The amount of the security for the above noted improvements shall be 110% times a construction cost estimate approved by the City Engineer if improvement plans have been approved by the City; 150% times the approved cost estimate if improvement plans are being processed by the City or 200% times the construction cost estimate approved by the City Engineer if improvement plans have not been submitted for City review. A lesser percentage may be required if it is demonstrated to the satisfaction of the City Engineer that sufficient data or other information is available to warrant such reduction. SCHOOLS TT. Deliver to the School District a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village Five, prior to issuance of the 500th residential building permit (150 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School district as based on District facility needs. UU. Not protest and cooperate in the formation of Community Facility District (CFD) for the Chula Vista Elementary School District and the Sweetwater Union High School District. VV. Arrange for and have submitted a "Confirmation of Mitigation Agreement for School Facilities" letters by the Chula Vista Elementary School District and the Sweetwater Union High School District to the Director of the Planning and Building Department prior to the approval of the final map. MISCELLANEOUS WW. Include in the Declaration of Covenants, Conditions and Restrictions (CC&R's) provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. The CC&R's shall also include provisions requiring the HOA to obtain an encroachment permit from the City prior to performing work on any private easement which may disturb any existing landscaping or any other public improvements. The City of Chula Vista shall be named as party to said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. The CC&R's shall also include language which states that any proposal by the HOA for dedication or conveyance for public purposes of land used for private streets Resolution NO. Page No. 16 will require prior written approval of 100% of all the Homeowners' Association members. XX. Submit copies of Final Maps and improvement plans and storm drain plans in a digital format such as (DXF) graphic file prior to approval of said plans. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 5-1/4" HD or 3-1/2" disks prior to the approval of each Final Map. Update and resubmit to the City electronic files after any construction plan and ink changes to the grading and improvement plans have been made. YY. Tie the boundary of the subdivision to the California System -Zone VI (1983). ZZ. Submit copies of any proposed CC&R's for review and approval by the Director of Planning and Building and the City Engineer prior to approval of the final map. AAA. If developer desires to do certain work on the property after approval of the tentative map but prior to recordation of the final map, obtain 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 submittals (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 developer's own risk. Prior to permit issuance, the developer shall acknowledge in writing that subsequent submittals (i.e., final map and improvement plans) may require extensive changes, at developers cost, to work done under such early 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. PHASING BBB. If phasing is proposed within the Project or through multiple final maps, submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning and Building prior to approval of any final map. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning and Building. The City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. Resolution NO. Page No. 17 CCC. Adhere to the Public Facilities Finance Plan or revisions hereto for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the 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. CODE REQUIREMENTS DDD. 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. EEE. Underground all utilities within the subdivision in accordance with Municipal Code requirements. FFF. Pay the following fees in accordance with the City Code and Council Policy: 1. The Transportation and Public Facilities Development Impact Fees 2. Signal Participation Fees 3. All applicable sewer fees, including but not limited to sewer connection fees 4. Interim SR-125 impact fee 5. Telegraph Canyon Sewer Basin DIF 6. Telegraph Canyon Basin Drainage DIF 7. Otay Ranch Reserve Fund fee. Resolution NO. Page No. 18 GGG. 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 demonstrate said compliance as required by the City Engineer. HHH. 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 disclosure form for approval by the City Engineer prior to Final Map approval. III. Comply with all aspects of the City of Chula Vista Landscape Manual, to the satisfaction of the Director of Planning and Building. JJJ. 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). By implementing the Project, the Applicant/Developer acknowledges that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. KKK. Ensure that all proposed development is consistent with the Otay Ranch SPA One Planned Community District Regulations. VIII. APPROVAL OF TENTATIVE SUBDIVISION MAP The City Council does hereby approve the Project subject to the conditions set forth on Section VII listed above and based upon the findings and determinations on the record for this Project. IX. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein Resolution NO. Page No. 19 granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. 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 anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: Robert A. Leiter Director of Planning and Building John Kaheny City Attorney H:\HOME\PLANNING\MARTIN\TSM9901\9902CC.RES October 30,1998 "' "' <( '" '" .., .- J:2 .- ~ >< w I' ''', ~' ' , , 111"" ,,~" I : ,e~ HH ; rn I !' ~ ; I 11!~! 'I '.' ,j {. ,,' , I," ! . I I.,!! ! III "I ,; ! i! !.I!:j I"II!III,\ I'i' I \ ,,,i,11II11I 1'1111. Ii!,! 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I .J ( ~ ::-: (~: ~~'~t '1 PLANNING COMMISSION AGENDA STATEMENT Item: 5 Meeting Date: 11/11/98 ITEM TITLE: Public Hearing: Conditional Use Permit PCC-99-11; Proposal to install, operate and maintain a 60-foot high monopole, within a palm tree design, housing 12 panel antennas and enclosure for 175 square foot equipment building - Nextel Communications Staff is requesting the continuance of this item to the December 9, 1998 Planning Commission Meeting. Additional documents need to be obtained from the applicant.