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HomeMy WebLinkAboutPlanning Comm Reports/2001/07/25 AGENDA PLANNING COMMISSION MEETING Chula Vista, California 6:00 p.m Wednesday, July 25, 2001 Council Chambers 276 Fourth Avenue, Chula Vista CALL TO ORDER ROLL CALUMOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE APPROVAL OF MINUTES: June 27, 2001 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 01-09; Tentative Subdivision Map for Eastlake III, Chula Vista Tract 01-09, involving 1,440 single family lots, 4 super lots with a capacity of 612 units, 1 open space lots, 3 public/quasi- public and 2 commercial lots on 148.3 acres located on the east side of the Business Center II and the Trails neighborhood, between Proctor Valley Road and the Olympic Training Center. The Eastlake Company. Project Manager: Luis Hernandez, Principal Planner 2. PUBLIC HEARING: Lutsko Variance Project Manager: Steve Power, Associate Planner DIRECTOR'S REPORT COMMISSIONER COMMENTS: ADJOURNMENT: COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TDD) at 585-5647. California Relay Service is also available for the hearing impaired. -....--....--.--....-..--.. ".--..-.."..-.....--.- - PLANNING COMMISSION AGENDA STATEMENT Item: Meeting Date: 7/25/01 ITEM TITLE: Public Hearing: PCS 01-09; Tentative Subdivision Map for Eastlake III, Chula Vista Tract 01-09, involving 1,440 single family lots, 4 superlots with a capacity of 612 units, 7 open space lots, 3 public/quasi-public and 2 commercial lots on 748.3 acres located on the east side of the Business Center II and the Trails neighborhood, between Proctor Valley Road and the Olympic Training Center-The Eastlake Company The applicant, The Eastlake Company, has submitted an application for a Tentative Subdivision Map known as Eastlake III, Chula Vista Tract 01-09, in order to subdivide and develop 748.3 acres east of the Business Center II and EastLake Trails Neighborhood, between Proctor Valley Road and the Olympic Training Center. The Tentative Subdivision Map consists of 1 ,440 single family lots and 4 super lots with capacity for 612 dwelling units. The tentative map also includes 7 open space lots, a 12.8 acre community park site, 2 school sites, l2.9-acre Community Purpose Facilities (CPF) site, 2 commercial sites and several specialty lots (i.e. slopes and landscape buffer areas) (see Attachment No.5). The Environmental Review Coordinator has determined that an Addendum to the Final Subsequent Environmental Impact Report for the Eastlake Woods and Vistas Replanning Program, FSEIR 01- 01 is necessary to address the proposed subdivision. Thus, a second Addendum (IS-Ol-057) to the FSEIR has been prepared and is attached for your consideration (Attachment 4). RECOMMENDATION: 1. Adopt second Addendum to FSEIR 01-01, Eastlake III Woods and Vistas Replanning Program. 2. Adopt attached Planning Commission Resolution PCS 01-09; recommending approval of the EastLake III Tentative Subdivision Map, Chula Vista Tract 01-09, in accordance with the findings and subj ect to the conditions contained in the attached Draft City Council Resolution. BACKGROUND: On July 10,2001, the City Council approved the new Sectional Planning Area (SPA) plan, and associated regulatory documents, including Planned Community District Regulations for the EastLake III (Woods and Vistas Neighborhoods). The adopted EastLake III SPA plan established land use distribution and pattern; intensity and character of development; specific development goals and objectives; and development standards to guide the future detailed planning ofthe Woods and Vistas Neighborhoods. The proposed tentative map implements the SPA plan goals and objectives by more precisely lotting the land use pattern established in the SPA, and providing the required on- / .--""..--.--. Page No.2, Item: Meeting Date: 7/25/2001 site and off-site infrastructure for the project. DISCUSSION 1. Existing Site Characteristics Eastlake III, is located at the east end of the city's jurisdictional boundaries and consists of approximately 748 acres of gently rolling hills. The project site includes the Woods East, Woods West and Vistas neighborhoods, as described in more detail below: The Woods East neighborhood is the portion of East Lake III, east of Hunte Parkway between the future alignment of Proctor Valley Road and Otay Lakes Road. The existing terrain features gentle rolling hills with a north-to-south ridge along the center of Woods East (see Figure 1, Existing Terrain). Surrounding land uses include: the Upper and Lower Otay Lakes Reservoir to the east; the EastLake Business Center II to the west; the future alignment of Proctor Valley Road and Rolling Hills Ranch Planned Community to the north; and Otay Lakes Road to the south. Access would be provided along each of the three major streets surrounding the property, Proctor Valley Road, Otay Lakes Road and Olympic Parkway (see Figure 2). WOODS NEIGHBORHOOD SITE Surrounding Land Uses C.V. Muni General Plan Land Use Designation GDP Land Use District Existing Land Code! Zoning Designation Use Site PC Low Density Residential (0-3 LowDensity Residential (0-3 Vacant du's! ac) du's! acj South PC Low Density Residential Low Density Residential Vacant (0-3 du's! ac) (0-3 du's! ac) East PC Open Space N!A Open Space West PC Research and Ltd. Mfg. Research and Ltd. Mfg. Vacant North PC Low Density Residential Low Density Residential Vacant (0-3 du's! ac) (0-3 du's! ac) The Woods West neighborhood is an elongated shaped parcel located on the west side of Hunte Parkway between Otay Lakes Road and the southern boundary of the Rolling Hills Ranch community (see Figure 2). The site terrain slopes 30-50 ft. west-to-east to Hunte Parkway, and is limited to the north by the Rolling Hills Ranch community; to the West by the recently approved EastLake Business Center II located 20-30 above; to the south by Otay Lakes Road and to the east by Hunte Parkway. The Vistas Neighborhood is the portion of EastLake III located south of Otay Lakes Road between Hunte Parkway and Wueste Road. The existing terrain continues the rolling hills, with the north-to-south ridge along the center ofthe property. This site is limited to the east by the .J- Page No.3, Item: Meeting Date: 7/25/2001 Lower Otay Lakes Reservoir, across Wueste Road; to the west by the Salt Creek open space corridor; to the south by Olympic Parkway and the Olympic Training Center (OTe); and to the north by Otay Lakes Road. Access to this neighborhood would be provided along Otay Lakes Road and Olympic Parkway (see Figure 2). VISTAS NEIGHBORHOOD SITE Surrounding Land Uses c.Y. Muni General Plan Land Use GDP Land Use District Code! Zoning Designation Designation Site PC Low/Low.Med Density Low/Low-Med Density Residential (0-3 & 3-6 du's! Residential (0-3 & 3-6 du's! ac) ac) South PC Public Quasi-public & cornrn. Public Quasi-public & comm. High density Res High density Res East PC Open Space N!A West PC Open Space Open Space North PC Low Density Residential Low Density Residential (0-3 du's! ac) (0-3 du's! ac) Existing Land Use Vacant Sports Training facility Open Space Open Space Vacant 2. Project Description WOODS NEIGHBORHOOD: A. Woods East The Woods East neighborhood contains two residential lot categories and several non-residential lots. The following paragraphs describe in more detail the residential and non-residential lot categories: a. Estate Lot Category The Estate Lot Category consists oflots ranging in size from 10,000 sq. ft. to over one acre. The largest lots, 22,000 sq. ft. to over one acre, are located along the eastern edge of the subdivision and are arranged in clusters of 3-12 lots. The clustered lots are served by a 28 foot wide country road and private streets. b. Traditional Single Familv Category Traditional Single Family Lots Category includes lots ranging in size ITom 7,000 to 8,000 sq. ft. These lots are located just west ofthe estate lots and limited by the future middle school site and the Salt Creek Open Space Corridor. Non-residential lots include three public/quasi-public lots to accommodate the elementary 3 - ---~--_.-.-__.._--_.-t Page No.4, Item: Meeting Date: 7/25/2001 school site (15.6 acres), the middle school site (25.49 acres) and a fire station (1.18 acres). Slope areas and open space lots are separate specialty lots (letter lots). B. Woods West This area contains two small lot products: 3,150 and 4,200 sq. ft. These small lot residential products were first introduced by EastLake in the 1980's as an alternative to attached townhomes and condominium units. Since then, the small lot residential product architectural design and individual amenities have improved substantially. According to the applicant, this product continues to be highly desirable for first time home buyers. Small lot residential projects are subject to administrative design review to establish adequate development standards (building setbacks, lot coverage, etc.) and compatible architecture. Since these lots will be developed adjacent to the EastLake Business Center, a condition of approval has been added to require a disclosure to homebuyers described the types ofland uses allowed in the adjacent Business Center. VISTAS NEIGHBORHOOD: The Vistas neighborhood, located south ofOtay Lakes Road, is a 488-acre residential neighborhood designed to accommodate 1,393 dwelling units and contain a combination of single family and multi-family lot products, as well as non-residential lots. a. Estate Lot Category The Estate Lot category consists of lots ranging in size from 10,000 sq. ft. to over one-half acre in size. These estate lots are located at the northeastern comer of the Vistas neighborhood with a density of approximately 2.5 du/ac. The average lot size within this category is 13,750 sq. ft.; b. Traditional Single Family Category Traditional single family detached lots contain a minimum lot size ranging from 5,000-7,000 sq. ft. with a density range of3.0-4.9 dulac. These lots are arranged with the smaller of these lot sizes on the westernmost portion of the Vistas neighborhood and increasing in size in a easterly direction. c. Small-lot Product Two small lot products are proposed: 4,200 sq. ft. (42 x 90), at a density of 5.3 dulac (Low- Med) and 3,150 sq. ft. (45 x 70) at a density of6.6 du/ac (Low Med.). These two small lot products are located within the western half of the Vistas neighborhood and are surrounded on all sides for other residential products of various sizes. d. Multi-Family Lot Category A total of four super lots with a capacity for 612 dwelling units (30% of the total dwelling units permitted in the EastLake III subdivision) at a density range of 15 (Med-High) to 24 'f Page No.5, Item: Meeting Date: 7/25/2001 dulac (High density). The multi-family sites are strategically located at the southern end of the Vistas neighborhood, adjacent to the commercial sites and the Olympic Training Center. Site design and building architecture are subject to Design Review approval based on the residential design guidelines established in the EastLake III SPA. e. Non-Residential Lot Category Two commercial lots: a 12-acre specialty retail and an l8-acre tourist commercial. Other non-residential lots in the Vistas neighborhood include two Community Purpose Facility (CPF) lots totaling 12.92 acres. Slope areas and open space lots are separate specialty lots (letter lots). Note that a minimum lot size is discussed with each of the lot product categories described above. In most instances throughout the project, however, the minimum pad area reflects the minimum lot SIze. Phasing The subdivision is proposed to be developed in two residential phases (Phase 1 and 2) and one commercial phase (phase 3) as shown Figure 3 and Table 1 (Attachment 3). Waivers The Developer is requesting several tentative subdivision map design waivers. The waivers are typically considered and approved by the City Engineer, providing said waivers do not compromise public safety. Based on the Project Engineer's assertion that the waivers will not be detrimental to public safety, the City Engineer has approved the waivers on the Tentative Map as requested, except for the following: Waiver No.4 has been conditionally approved subject to compliance with Tentative Map condition No. 39 (Attachment 2). Said condition requires the developer to obtain City approval for the design of the proposed beveled curb in the Woods neighborhood. Waiver No 6a is not approved with the Tentative Map but may by approved by the City Engineer at the time the improvement plans are submitted for approval. Waiver No 8 was incorrectly listed on the cover sheet of the tentative map as a waiver request. However, it does not require any special approvals as these lots were incorporated into the overall design of the project. ANALYSIS The design ofthe EastLake III subdivision includes two objectives: 1) provide for a continuation of the lot design ofthe Eastlake Trails neighborhood in most ofthe Vistas and in the western portion of the Woods neighborhood; and 2) provide for unique estate housing opportunities on the eastern side of the Woods, and northeastern portion of the Vistas neighborhood. For example, there is a clear :::; Page No.6, Item: Meeting Date: 7/25/2001 distinction between the eastern side of the Woods, the northeastern portion of the Vistas, and the remainder of the subdivision. These two objectives are defined in more detail in the following paragraphs. The Woods East neighborhood has been designed for estate housing products ranging rrom 7,350 sq. ft. lots along the Salt Creek open space corridor to over one acre lots along the eastern edge overlooking the Upper Otay Lakes reservoir and the San Miguel Mountains. The gradual increase of lot sizes rrom west to east have been integrated in a seamless pattern, producing a very cohesive residential neighborhood. In addition to the unique lot design, a number of special street standards have been developed exclusively for the development of the Woods neighborhood. The most significant of these is the "spine road" to be known as "Woods Drive", which traverses through the neighborhood in a northerly-southerly direction. This road is designed to serve as a "country road" with no on-street parking and generous landscaping on both sides. This country road with 60 feet of ROW uses 28 feet of paved area and features a meandering d.g. walk provided on one side. Woods Drive also serves to divide the most exclusive estate housing rrom the remainder of the Woods neighborhood. These residential estate lots overlook the upper Otay Lakes reservoir and San Miguel Mountains. The average lot size of these lots is approximately 39,000 square feet (see Figure 4) Individual gated cui-de sacs are provided to serve these larger lots, which are arranged in clusters of 3 to 12 lots. Gates on all of the private entry streets in this neighborhood (WR-l) are less than 150 feet from the extension of the intersecting street curbline. A waiver has been granted by the City Engineer to allow the placement of the gates within approximately 65 feet ofthe spine road. A knox box and other emergency access devices will be provided to allow emergency vehicles access to each residential cluster (See Figure 5).There are special envelope and setback requirements for these lots, and extensive design guidelines contained within the PC District Regulation and Design Guidelines Section of the SPA document. The proposed lotting of the EastLake Vistas neighborhood is largely an extension of the lotting pattern of the Trails neighborhood to the west. Residential lots range rrom Low Density (approx. 10,400 sq. ft) lots along the eastern edge overlooking Otay Lakes and mountains, to Low Medium (including small lot products) along the western edge overlooking the Salt Creek Park and open space. The single family attached/multi-family lots are clustered around the commercial uses at the southern end of the Vistas neighborhood. Gates are also proposed along Paradise Ridge Way, which provides access to the estate lots within the Vistas neighborhood. These gates are less than 150 feet rrom the extension ofthe intersection of the street curb line. As with the gates proposed in the Woods neighborhood WR-1, a waiver has been granted by the Fire Department stipulating the installation of emergency entry devices. Circulation Primary access to the project will be provided rrom Otay Lakes Road, Olympic Parkway and Proctor r;., Page No.7, Item: Meeting Date: 7/25/2001 Valley Road. Regional access is provided by 1-805, west ofthe site. The future construction ofSR- 125, immediately west of the EastLake Greens SPA, will provide additional north-south regional access. Internal circulation in the EastLake Woods, includes two collector streets extending north from the Otay Lakes Road neighborhood entry: one serving the community facilities use corridor and residential uses on the west side of the central ridge and the other serving the residential area to the east. Both streets connect to Proctor Valley Road to the north. The low-medium density residential uses to the west of Hunte Parkway (Woods West) have their own entry from Hunte Parkway, aligned with the Woods East entry, crossing Salt Creek and connecting to the western collector near the junior high school site. Internal circulation in the EastLake Vistas includes Olympic Parkway, which becomes the residential collector as it turns north past the OTC Activity Center area and extends to Otay Lakes Road. Other collector streets define the north side of Activity Center and extend along the east side ofthe Salt Creek greenbelt (See Figure 6). Off-street improvements are necessary to provide adequate transportation facilities for the project and surrounding developments, and maintain compliance with the Transportation threshold standards prescribed in the Growth Management Program. The required off-site improvements for these major roads are as follows: Otay Lakes Road will be widened to six lanes from Hunte Parkway to the entrance of the Vistas and then transition from six lanes to two lanes east ofthe intersection ofWueste Road (See Figure 6). Olympic Parkway is already constructed to four lanes from Hunte Parkway to the OTC and it will transition to two lanes as it heads north up through the Vistas. With the exception of improvements along the east side from Otay Lakes Road to the southerly boundaries of the Rolling Hills Ranch community, Hunte Parkway is already fully improved from Proctor Valley Road to Olympic Parkway. Proctor Valley Road will be improved as part of the Rolling Hills Ranch third phase of development to four lanes from Hunte Parkway to the Woods entrance and eastern boundary of Rolling Hills Ranch. Off-site road improvements needed to serve regional needs in the future will be the construction ofOlympic Parkway from Hunte Parkway to SR 125, with eight lanes between SR-125 and EastLake Parkway and six lanes between EastLake Parkway and Hunte Parkway. EastLake will start construction on this segment early next year to six lanes. Both the PFFP and TM conditions require the construction ofthis segment to six lanes concurrent with the first final map containing the first dwelling unit within the Woods and/or Vistas neighborhood. The other major off-site road improvement will be the widening of Otay Lakes Road from SR-125 to EastLake Parkway to seven lanes. The traffic studies show demand for an 7 Page No.8, Item: Meeting Date: 7/2512001 additional lane on the north side of the road to serve the future community shopping center and northbound traffic accessing future SR -125. Parks and Open Space The EastLake Project is required to provide 18.9 acres of parkland. A 13.5 acre park is provided in the Vistas and in-lieu fees will be paid for 5.4 acres. The Vistas Neighborhood Park will overlook the Lower Otay Reservoir. The spine road serving the Vistas is a similar winding, scenic roadway with spectacular views of the Otay Lakes Reservoir, which gradually transitions into Olympic Parkway near the OTC. The combination of a strategically located spine road and the Vistas Neighborhood Park will take advantage of the best views for the residents and visitors alike. The community park will contain soccer fields, picnic pavilions; open play grounds, game courts and other amenities. However, the City is in the process of preparing a citywide parks masterplan, which will outline more specifically the park design requirements. Since the Citywide Parks Master Plan has not been adopted by Council, staff has included a condition requiring the applicant to submit a letter acknowledging that the City is in the process of preparing a Citywide parks master plan and agreeing to comply and remain in compliance with the provisions and requirements of this plan. The citywide Greenbelt Trail, as shown in the Chula Vista General Plan, will be incorporated along the eastern side of the Salt Creek open space corridor and the eastern edge ofthe Vistas and Woods neighborhoods (see Attachment 3, Figure 7). As with the citywide parks master plan, the city is in the process of preparing a citywide greenbelt trail masterplan, which will outline more specifically the design, construction and signage requirements for the greenbelt trail system. Since the citywide greenbelt trails Master Plan has not been adopted by Council, staffhas included a condition requiring the applicant to submit a letter acknowledging that the City is in the process of preparing a City-wide greenbelt trails master plan and agreeing to comply and remain in compliance with the provisions and requirements ofthis plan. Grading Variations in the grading of manufactured slopes have been used within the project in order to emphasize the aesthetics of the natural rolling hills topography that predominate the site. In order to physically and visually separate residences from abutting roadways as well as the greenbelt trail, several manufactured slopes throughout the project exceed thirty (30) feet in height, with the tallest being approximately eighty-five (85) feet in height at the northeast edge of the Vistas community park. Conventional grading, with 2: 1 slopes will be used for interior or visually insignificant project slopes while two contour grading techniques will be used along scenic highways and significant public views. Manufactured slopes will be contoured to blend with natural landform characteristics, including a terraced effect consistent with the natural ridgelines and downward sloping topography leading towards the Upper and Lower Otay Reservoirs. if Page No.9, Item: Meeting Date: 7/25/2001 Affordable Housing The EastLake Comprehensive Affordable Housing Program has been adopted and incorporated into the EastLake III SPA plan to ensure that a minimum of 1 0% affordable housing is provided. One of the tentative map conditions of approval requires that the Developer enter into a Standard Agreement with the City to guarantee construction and delivery of affordable units as prescribed in the adopted EastLake Comprehensive Affordable Housing Program. This agreement must be executed and property recorded prior to approval of the first final map of the "Initial Phase." The EastLake III Subdivision also provides a mix of housing types and lot sizes for single-family, townhomes, condominium at various densities for persons of various income levels. Schools The EastLake III SPA is located within the Sweetwater Union High School and the Chula Vista Elementary School Districts. The project is expected to generate 927 elementary school students, 226 middle school students and 433 high school students. The SPA plan provides a 14.3-acre elementary school site at the southwest comer of the Woods neighborhood and a middle school to the north, adjacent to the Salt Creek Planned Community. Two high schools serve the area: EastLake and Bonita Vista High Schools and future Otay Ranch High School. The two school districts have indicated that the construction of these two schools in the Woods and the existing high schools in the vicinity will have sufficient capacity to accommodate the anticipated number of students generated by the project. However, 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. Construction of the two planned school facilities is determined by the corresponding school district, based on their school construction-phasing schedule. Drainage Since EastLake III is positioned on a ridge between Salt Creek and Otay Reservoir. Diversion of drainage run-off to the Salt Creek drainage basin is proposed to avoid urban run-off onto the Upper and Lower Otay Lakes reservoirs. 1n recent years, the San Diego Regional Water Quality Control Board has enacted tough measures to reduce pollutants from being discharged into water bodies from point and non-point discharges. EastLake III will be required to obtain State and Federal permits and observe the NPDES General Construction Activity Storm Water Permit and the Clean Water Act 401 Water Quality Certification requirements. The EastLake III project will divert drainage runoff approximately 243 acres to the Salt Creek drainage basin. This diversion will be accomplished by grading the property so that it drains toward Salt Creek and by pumping run-off away from the Otay Lakes Reservoir to the Salt Creek drainage basin in areas that cannot be diverted by grading. An agreement between EastLake and the City of San Diego will be negotiated to compensate for the loss of water being diverted away from the Otay Reservoir. In addition, the detention basins in the Woods and the Trails along Salt Creek will limit the 1 DO-year flood discharge to less than pre-development levels to protect downstream habitats from '7 Page No. 10, Item: Meeting Date: 7/25/2001 flooding and contamination. Compliance with the EastLake III Public Facilities Financing Plan: The proposed EastLake III Public Facilities Financing Plan analyzes the impact of the EastLake III project and identifies the required public facilities or fees to mitigate the impacts (based upon the threshold standards in the Growth Management Ordinance). The proposed conditions of approval insure that the required public facilities are constructed, or DIF fees be paid at various stages ofthe overall development. Compliance with EastLake III General Development Plan and SPA Plan As noted above, this tentative map implements the adopted GDP and EastLake III SPA and therefore, as conditioned, is in substantial conformance with these regulatory documents. Compliance with Planned Community District Regulations The subdivision has been designed in accordance with the EastLake III Planned Community District Regulations, which provides various residential densities and support land uses. All multi-family projects, small lot development, commercial development and private park facilities are subject to Design Review. CONCLUSION For the reasons noted above, staff recommends approval of the project in accordance with the attached Planning Commission Resolution. Attachments 1. Planning Commission Resolution 2. Draft City Council Resolution 3. Figuresffables 4. FSElR 01-0 I second Addendum 5. Tentative Map Blue Prints 6. Ownership Disclosure Statement Ie ~--.._._-_." -.-.-..-.--.,.--.- " ,J PROJECT LOCATION / . . ~--- \ //.~~ / \ (jZ~'i,piCTKvJ~- . .. \ f, 'f( .u> !'il. , ? . :J , ". I \ OTAY RANCH \ \ \ \ , , '. , LOCATOR // - ---...-----,-.-....--- Attachment 1 Planning Commission Resolution !';L RESOLUTION NO PCS-Ol-09 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE THE TENTATIVE SUBDIVISON MAP FOR EASTLAKE III, CHULA VISTA TRACT 01-09, WITHIN THE EASTLAKE III PLANNED COMMUNITY AND PC ZONE WHEREAS, a duly verified application for a tentative subdivision map was filed with the Planning and Building Department of the City of Chula Vista on April 30, 2001 by the EastLake Company ("Developer") requesting approval to subdivide 748 acres into 1,441 residential lots and 4 superlots with a capacity for 612 dwelling units. The tentative map also includes 7 open space lots, a 13.5 acre community park, 2 school sites, 12.9 acre community purpose facility site(s), 2 commercial sites and various specialty lots (i.e. Slopes lots and landscape buffer areas) throughout the subdivision ("Project"); and, WHEREAS, the area of land which is the subject matter of this Resolution is commonly known as EastLake III, and for the purpose of general description herein consists of 748.3 acres located east of EastLake Business Center II and Salt Creek open space corridor, between Proctor Valley Road' and 'the Olympic Training Center, within the EastLake Planned Community and PC Planned Community Zone District ("Project Site"); and, WHEREAS, the Environmental Review Coordinator has determined that any impacts associated with the proposed tentative subdivision map have been previously addressed by FSEIR 01-01, EastLake III Woods and Vistas Replanning Program and First Addendum, and has, therefore, prepared a Sec'Ond Addendum to said FSEIR. The Addendum has been prepared in accordance with requirements 'Of the California Environmental Quality Act, State Elk Guidelines'and Chula Vista Environmental Review procedures; and, . ii WHEREAS, the Planning and Building Director set the time and place for a hearing on the tentative map and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general citculation in the city and its mailing to property owners and tenants within 500 feet of the exteri'Or boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., July 25, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, the Planning Commission hereby adopts the second Addendum to FSEIR 01-01 (EastLake III Woods and Vistas Replanning Program). NOW, THEREFORE, BE, IT!- RESQL,vED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the attached draft City /3 .. -.- ..__.".._._-,.~---~,...~._-.-- Council Resolution approving the Tentative Subdivision Map for EastLake III, Chula Vista Tract 01-09 in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION voted _ to recommend approval of the Project. AYES: NOES: ABSENT: Kevin O'Neil, Chairperson ATTEST: /'1 -_.._--,._.~..._"_._,._-... Attachment 2 Draft City Council Resolution ---. I') RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOVING THE SECOND ADDENDUM TO FSEIR 01-01, EASTLAKE III WOODS AND VISTAS REPLANNING PROGRAM AND ESTABLISHING CONDITIONS OF THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE III, CHULA VISTA TRACT 01-09 1. REC1T ALS A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagranunatically represented in Exhibit (A-1) - (A-25), copies of which are on file in the Office of the City Clerk, incorporated herein by reference, and commonly known as EastLake III Tentative Subdivision Map, Chula Vista Tract 01-09; and for the purpose of general description herein consists of 748.3 acres located east of EastLake Business Center II and Salt Creek open space corridor, between Proctor Valley Road and the Olympic Training Center, within the EastLake Planned Community ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on April 30, 2001, The EastLake Company ("Developer") filed a tentative subdivision map with the Planning and Building Department of the City of Chula Vista requesting approval of the Tentative Subdivision Map for EastLake III, Chula Vista Tract 01-09 in order to subdivide the Project Site into 1,441 single-family lots and four (4) super lots with a capacity for 612 dwelling units; seven (7) open space lots (OS-l through OS-7), one (1) park lot, two (2) school sites (PQ-1 and PQ-2), two( 2) community purpose facility sites (CPF-l and CPF-2); two (2) commercial sites (C-l and C-2); and various special lots (i.e., slope lots) throughout the subdivision ("Project"); and, C. Prior Discretionary Approval WHEREAS, the development of the Project Site has been the subject matter of various entitlements and agreements, including: 1) EastLake III General Development Plan (GDP); 2) EastLake III Sectional Planning Area (SPA) Plan; 3) EastLake III Design Guidelines; EastLake III Public Facilities Financing Plan, and EastLake Comprehensive Affordable Housing Program all approved by the City Council Resolution No. 2001-220 on July 17, 2001; and, the EastLake III Planned Community District Regulations and Land Use Map approved by City Council Ordinance on ,2001, and, WHEREAS, the Planning Commission held an advertised public hearing on the Project on July 25, 2001 and, after hearing staff presentation and public testimony, voted ( ) recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and, h Resolution No. Page 2 of 47 D. Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City ofChula Vista on August 14, 2001, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same; and, WHEREAS, the City Clerk set the time and place for a hearing on said tentative subdivision map application, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundary of the project, at least ten (10) days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. August 14,2001, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on July 25, 2001, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. PREVIOUS SEIR 01-01 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and certified FSEIR 01-01, EastLake III Woods and Vistas Replanning Program, and first addendum. IV. COMPLIANCE WITH CEQA The Environmental Review Coordinator has determined that any impacts associated with the proposed tentative subdivision map have been previously addressed by FSEIR 01-01, EastLake III Woods and Vistas Replanning Program, and first Addendum, and has, therefore, prepared a second addendum to said FSEIR. The Tentative Map is in substantial conformance with the conceptual tentative map and grading plans on which the FSEIR analysis was based and, therefore, approval and implementation of the Tentative Map does not change the basic conclusions of the FSEIR. The Addendum has been prepared in accordance with requirements of the California Environmental Quality Act, State EIR Guidelines and the Environmental Review Procedures ofthe City ofChula Vista. (7 Resolution No. Page 3 of 47 V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council fmds that the Second Addendum to FSEIR 01-01 and EastLake III Woods and Vistas Replanning Program, reflects the independent judgment of the City Council of the City ofChula Vista and hereby adopts the second Addendum to FSEIR 01-01, EastLake Woods and Vistas Replanning Program. VI. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein for EastLake III, Chula Vita Tract No. 01-09, is in conformance with the elements ofthe City's General Plan, based on the following: 1. Land Use The EastLake III Sectional Planning Area (SPA) Plan provides for Low (0-3 dulac), Low Medium (3-6 dulac), Medium High (15 dulac) and High (24 dulac) residential densities as well as Commercial (C), Parks (P), Open Space (OS), Public Quasi- public support (PQ) and Community Purpose Facilities (CPF) land uses for 2,061 dwelling units. The proposed subdivision incorporates a variety of lot sizes within the density range allowed by the SPA and other lots to satisfy the park dedication and Community Purpose Facilities (CPF) requirements. Thus, the project as conditioned, is in substantial compliance with the EastLake III GDP and SPA, and since the GDP and SPA are in substantial conformance with the General Plan, the Tentative Map is also in substantial conformance with the General Plan. 2. Circulation All on-site and off-site public streets required to serve the subdivision will be constructed or DIF fees paid by the developer in accordance with the EastLake nn Public Facilities Financing Plan. The public streets within the Project will be sized as prescribed in the circulation element of the General Plan and designed per City design standards and! or requirements, or modifications accepted by the City Engineer. The required and anticipated off-site improvements would be designed to handle this Project and future projects in the area. 3. Housing The amended EastLake Comprehensive Affordable Housing Program has been adopted and incorporated into the EastLake III SPA Plan to ensure that a minimum often percent affordable housing is provided. A condition of approval requires the Developer to enter into an agreement with the City to ensure that the affordable housing units as prescribed in the affordable Housing Program are constructed and /~ Resolution No. Page 4 of 47 delivered as prescribed in the above-mentioned Affordable Housing Program. The EastLake subdivision also provides a mix of housing types and lot sizes for single family, townhomes, and condominiums at various densities for persons of various income levels. 4. Conservation The Environmental Impact Report FSEIR 01-01 and second Addendum addresses the goals and policies of the Conservation Element of the General Plan and found the development ofthis site to be consistent with these goals and policies. 5. Parks and Recreation, Open Space In fulfillment of its obligation to provide 18.9 acres of parkland, the developer will provide a l3.5-acre neighborhood park within the Vistas neighborhood and pay in- lieu fees for 5.4 acres. In addition, a 2.4-acre private park will also be provided within the Woods neighborhood. The Citywide greenbelt trail, as prescribed in the City's General Plan diagram, will be incorporated along the eastern side of the Salt Creek open space corridor and the eastern edge of the Vistas and Woods neighborhoods. 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the 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 FSEIR 01- 01 and First and Second Addendum adequately address the noise policy of the General Plan. The project has been conditioned to require that all dwelling units be designed to preclude interior noise levels of 45 dBA and exterior noise exposure over 65 dBA for all outside private patio areas 9. Scenic Highway The project site is located adjacent to designated scenic highways (Olympic Parkway and Otay Lakes Road). The project will be developed in compliance with Section 8 of the Land Use Element of the Chula Vista General Plan. /1 Resolution No. Page 5 of 47 10. Bicycle Routes Although no designated regional off-street bicycle routes are included as components of the internal circulation network, bicyclists will be readily able to share the internal streets with motor vehicles due to low traffic volume and limited speeds allowed. Bicycle route segments to connect to regional systems have been incorporated as prescribed by the Circulation Element of the General Plan. On- street bike lanes are included on the adjacent arterial highways. The bike lanes will be paved components of the street systems indicated. 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 proposal on the housing needs of the region and has balanced those needs against the public service needs ofthe residents of the City and the available fiscal and environmental resources. C. The configuration, orientation and topography of the site partially allows for the optimum setting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1 D. The site is physically suited for residential development and the proposal conforms to all standards established by the City for such project. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extend to the impact created by the proposed development. BE IT FURTHER RESOSLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. VII GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract 01-09 and FSEIR 01-01 and first and second Addendum, except as modified by this Resolution. B. Implement Mitigation Measures Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Subsequent Environmental Impact "J-O -......----,-,,-.~.... ~--...T.~----..-...-- Resolution No. Page 6 of 47 Report, EastLake III, FSEIR 01-01 and first and second Addendum. Any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the satisfaction of the Director of Planning and Building. Mitigation Measures shall be monitored via the Mitigation Monitoring Program approved in conjunction with the FSEIR and Addendum. Modification of the sequence shall be at the discretion of the Director of Planning and Building should changes in the circumstances warrant such revision. C. Implement Public Facilities Financing Plan Developer shall install public facilities in accordance with the EastLake III Public Facilities Financing Plan, as amended or as required by the City Engineer, to meet the threshold standards adopted by the City of Chula Vista. The City Engineer and Planning and Building Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. D. Design Approval The Developer shall develop the lots in accordance with the EastLake III Planned Community District Regulations and Design Guidelines and all single-family planning areas less than 7,000 sq. ft. and multi-family, commercial and public/quasi-public projects shall be submitted for review and approval under the City's Design Review process prior to submittal for building permits. VIII SPECIAL CONDITIONS OF APPROVAL Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's satisfaction prior to approval of the Initial Phase First final map. GENERAL/PRELIMINARY 1. 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 ofthe Developer as to any or all of the property. For the purposes of this document the term "Developer" shall also mean Developer". (Engineering, Planning & Building) 2. Developer shall, comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Map, of: 1) EastLake III General Development Plan (GDP); 2) EastLake III Sectional Planning Area (SPA) Plan; 3) EastLake III Planned Community District Regulations; 4) EastLake III Design Guidelines; and 5) EastLake III Public Facilities Financing Plan all approved by the City Council on July 17, 2001 by Resolution No. 2001-200. The Developer shall enter into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require to comply with the above regulatory documents. Said Agreement shall also ensure that, after approval of the final map, the c:)./ _.. _...._____..m..____.' "-"1-' Resolution No. Page 7 of 47 developer will continue to comply, remain in compliance, and implement such Plans (Planning & Building) .'. In the event of a filing of a final map, which requires oversizing of the improvements necessary to serve other properties, said final map shall be required to include the installation of all necessary improvements to serve the project, plus the necessary improvements for oversizing of facilities required to serve such other properties. At the request of Developer, City shall consider formation of a reimbursement district or any other reimbursement mechanism in accordance with the restrictions of State Law and City ordinances. (Engineering) 4. If Developer desires to do certain work on the property after approval of the tentative map, but prior to recordation of the applicable final map, he may do so by obtaining the required approvals and permits from the City. The permits can be approved or denied by the City in accordance with the City's Municipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., final map and improvement plans) will be approved. All work performed by the Developer prior to approval of the applicable Final map shall be at Developer's own risk. Prior to issuance of grading and/or construction permit, the Developer shall acknowledge in writing that subsequent submittals (i.e., final map, improvement plans) may require extensive changes, at Developers cost, to work done under such early permit. Prior to the issuance of a permit, the Developer shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable final map does not record. (Engineering) 5. If any ofthe terms, covenants or conditions contained herein shall fail to occur, or ifthey are, by their terms, to be implemented and maintained over time, and 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; and institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified ten (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 within a reasonable and diligent time rrame. (Engineering, Planning & Building) 6. Prior to approval of each final map, Developer shall agree to indenmifY, protect, defend and hold the City harmless rrom and against any and all claims, liabilities and costs, including Attorney's fees, arising rrom challenges to the Environmental Impact Report for the Project, and any or all entitlements and approvals issued by the City in connection with the Project. (Engineering, Environmental, Planning & Building) 7. Any and all agreements that the Developer is required to enter into hereunder shall be in a fonn approved by the City Attomey. (City Attorney) C:)~ __.., __w..o_..__.___..____ _..___,_ ____','_ Resolution No. Page 8 of 47 8. Prior to approval of any final map proposing the creation of a Multi-family housing for Planning Areas VR-9, VR-lO, VR-1l, or VR-12 as a condominium project, community apartment project, or stock cooperative, as defined in the applicable sections of the Government Code, Developer shall agree to process a subsequent tentative map for said proposed condominium, community apartment, or stock cooperative project in said Planning Area. (Engineering) 9. The subsequent development of a multiple-family lot, which does not require the filing of a subsequent final map, shall meet, prior to issuance of a building permit for that lot, all the applicable conditions of approval of the tentative map, as determined by the City Engineer and Director of Planning and Building. (Planning & Building, Engineering) 10. Unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required, the Developer 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. ENVIRONMENTALIPRESERV ATION 11. Prior to approval of each final map, the Developer shall enter into a supplemental subdivision agreement to implement, to the satisfaction of the Director of Planning and Building, all applicable mitigation measures identified in FSEIR-Ol-01, and first and second Addendum, the CEQA Findings of Fact and the Mitigation Monitoring and Reporting Program for the EastLake III Project, in accordance with the requirements, provisions and schedules contained therein, and as further specified in these Tentative Map conditions. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in circumstances warrant such a revision. (EngineeringIPlanning) 12. Implement, or cause the implementation of all mitigation measures pertaining the to the Proj ect identified in the Final Subsequent Environmental Impact Report and first and second Addendum for EastLake III (FSEIR 01-01). Any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the satisfaction of the Director of Planning and Building. Mitigation Measures shall be monitored via the Mitigation Monitoring and Reporting Program approved in conjunction with FSEIR-OI-OI and first Addendum. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in the circumstances warrant such revision. (Planning & Building). 13. The Developer shall comply with all applicable requirements of the Califomia Department of Fish and Game, the U.S. Department of Fish and Wildlife and the U.S. Army Corp of Engineers. (Planning) ~3 Resolution No. Page 9 of 47 SUBDIVISION DESIGN 14. Install all street trees in accordance with Section 18.32.10 of the Chula Vista Municipal Code, the City' s Landscape Manual and approved cross-sections in the EastLake III SPA plan; or as otherwise approved by the Director of Parks and Recreation and Director of Public Works. Developer agrees to provide any and all special installation conditions as requested by the Director of Parks and Recreation for those trees identified in the SPA as having special installation conditions. Street trees shall be shown on street landscape and irrigation plans submitted for approval by the Director of Parks and Recreation and the Director of Public Works prior to, or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the species selection of street trees. Location of trees and planters shall be contingent upon the location of street signs. Under no circumstance shall a tree or shrub block the visibility of any street sign, regulatory, warning or guide traffic signs. (Public Works, Parks & Recreation) 15. Prior to the issuance of each rough grading permit proposing to grade individual lots and streets for the Project, submit a study showing that all curb returns for any intersection in excess of 4% grade, located within the permit boundaries, and all driveways, comply with ADA standards at the front and back of sidewalks to the satisfaction of the City Engineer. (Engineering) STREETS, RIGHTS-OF-WAY AND PUBLIC IMPROVEMENTS 16. Provide security in accordance with chapter 18.16 of the Municipal Code, dedicate, and construct full street improvements for all public streets shown on the Tentative Map within the subdivision boundary or off-site, as deemed necessary by the City Engineer to provide service to the subject subdivision, in accordance with Chula Vista Design Standards, Chula Vista Streets Standards, Chula Vista Subdivision Manual, and approved Tentative Map, unless otherwise approved by the City Engineer. Said street improvements shall include, but not limited to, asphalt concrete pavement, base, curb, gutter and sidewalk, sewer, drainage facilities, street lights, traffic signals, signs, stripping, fire hydrants and transitions to existing improvements in the manner required by the City Engineer. If improvement plans have been approved by the City, the amount of the security for the above noted improvements shall be 110% of the construction cost estimate approved by the City Engineer. If improvement plans are being processed, 150% of approved cost estimate. Or, if improvement plans are being processed by the City, 200% of construction cost estimate approved by the City Engineer. 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. (Engineering) 17. Prior to approval of the final map or issuance of the building permit that triggers the Cumulative DUs, or approval of the first final map or issuance of a building permit for a specific Planning Area as defined in the following Table "A", whichever occurs first the 0-'1 Resolution No. Page 10 of 47 Developer shall construct and secure, in accordance with Section 18.16.220 of the Chula Vista Municipal Code, full street improvements, or remaining street improvements outlined in the following table: Table "A" - Public Facilities Required to be Constructed by EastLake III I Description Cumulative DU's I Planning Area I I Facility I Street Name la Otay Lakes Road From Hunte Pkwy to With the first final map PQ-I Woods Drive containing the I" DU within the Woods lb Otay Lakes Road From Hunte Pkwy to With the first final map VR-5 Lake Crest Drive containing the I" DU within the Vistas 4 Olympic From SR-125 to Hunte With the first final map Not Applicable Parkway Pkwy. (6 lanes) containing the I" DU within the Woods and/or Vistas 5 Lake Crest Drive From Olympic Pkwy to With the final map VR-l, VR-2, Otay Lakes Road containing the 1034'" DUs VR-3, VR-11 within the Vistas 6 Stone Gate Drive From Hunte Pkwy to With the first final map WR-4, WR-5, Duncan Ranch Rd. containing the 1" DU PQ-I, PQ-2 within the Woods 7 Duncan Ranch From RHR boundary to With final map containing WR-5, PQ-2 Road Stone Gate Drive the 604'" DU within the Woods 8 Hawthome From Stone Gate Drive to With the final map WR-4, PQ-l Creek Drive Otay Lakes Road containing the 524'" DU within the Woods 9 Olympic Vista From Olympic Pkwy to With the final map VR-3, VR-9, Road Lakes Crest Drive containing the 715'" DU's VR-4, VR-IO, within the Vistas VR-8, VR-11, 10 Woods Drive From Otay Lakes Road to With the final map WR-I, WR-2, Proctor Valley Road containing the 453"' DU WR-3 within the Woods 11 Otay Lakes Road From East "H" St. to With the final map Not Applicable Telegraph Canyon Rd. containing the 1259'" DUs (widen to 6 lanes) total of both the Woods & Vistas ifSR-125 has not been constructed a. Facility No. la Construct Otay Lakes Road ITom Hunte Parkway to Woods Drive to the designed full-width six-lane Prime Arterial street improvements, per the cross-section shown on the Tentative Map. cY) Resolution No. Page 11 of 47 b. Facility No. 1b Construct Otay Lakes Road trom Hunte Parkway to Lake Crest Drive as a 6-lane Prime Arterial, per the cross-section shown on the Tentative Map, and provide adequate transition between the Vistas western boundary to the Vistas entrance, as approved by the City Engineer. c. Facility No.4 Construct Olympic Parkway trom SR-125 to Hunte Parkway as a 6-lane Prime Arterial to the satisfaction of the City Engineer. d. Facility No.5 Construct the full-width street improvement for the Lake Crest Drive connector between Olympic Parkway and Otay Lakes Road, per the cross-section shown on the Tentative Map. e. Facility No.6 Construct the full-width street improvement for the Stone Gate Drive connector between Hunte Parkway and Duncan Ranch Road, per the cross-section shown on the Tentative Map. f. Facility No.7 Construct the full-width street improvement for Duncan Ranch Road between Rolling Hills Ranch Neighborhood 8, southerly boundary and Stone Gate Drive, per the cross-section shown on the Tentative Map. g. Facility No.8 Construct the full-width street improvement for the Hawthorne Creek Drive connector between Stone Gate Drive and Otay Lakes Road, per the cross-section shown on the Tentative Map. h. Facility No.9 Construct the full-width street improvement for the Olympic Vista Road connector between Olympic Parkway and Lake Crest Drive per the cross-section shown on the Tentative Map. 1. Facility No. 10 cJ. Ct. -~-'"._._..... "'-"-i'.--" Resolution No. Page 12 of 47 Construct the full-width street improvement for the Woods Drive connector between Otay Lakes Road and Proctor Valley Road, per the cross-section shown on the Tentative Map. J. Facility No. 11 Widen Otay Lakes Road rrom East 'H' Street to Telegraph Canyon Road to 6-lane Prime Arterial with the final map containing the l259th dwelling unit (total of both the Woods and Vistas), or construct intersection improvements on Otay Lakes Road, East 'H' Street and Otay Lakes Road and Telegraph Canyon Road to the satisfaction of the City Engineer, which provides additional capacity if SR-125 has not been constructed. (Engineering) 18. Prior to approval of each final map, the Engineer-of-Work shall submit and obtain approval by the City Engineer of a waiver request for all subdivision design items not conforming to adopted City standards. The Engineer-of-work request shall outline the requested subdivision design deviations rrom adopted City standards and state that in his/her professional opinion, no safety issues will be compromised. The waiver is subject to approval by the City Engineer in the City Engineer' sole discretion. (Engineering) 19. Design all street vertical and horizontal curves and intersection sight distances to conform to the Caltrans' Highway Design Manual. All streets, which intersect other streets at or near a horizontal or vertical curve, shall meet intersection design sight distance requirements in accordance with City Standards. Sight visibility easements shall be granted as necessary to comply with the requirements in the CalTrans Highway Design Manual and City of Chula Vista Policies. When a conflict between the CalTrans Highway Design Manual and adopted City policies exists, the adopted City Policies shall prevail. Lighted sag vertical curves will be permitted at intersections per AASHTO standards and with approval of the City Engineer. (Engineering) 20. Construct sidewalks and pedestrian ramps on all walkways to comply with the "Americans with Disabilities Act" (ADA) standards, as approved by the City Engineer. In the event the Federal Government adopts new ADA standards for street rights-of-way, which are in conflict with the standards and approvals for the Project, all such approvals conflicting with those new standards shall be updated to reflect the new standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by federal regulations, once construction has commenced. (Engineering) 21. Prior to approval of each final map, acquire and then grant to the City all off-site rights-of- way and easements necessary for the installation of required street improvements and/or utilities. (Engineering) 22. NotifY the City, at least 60 days prior to consideration of the approval of the applicable final map by City Council, if off-site right-of-way and easements cannot be obtained as required by these conditions. (Only off-site right-of-way or easements affected by Section 66462.5 ,;)7 Resolution No. Page 13 of 47 of the Subdivision Map Act are covered by this condition.) After said notification the developer shall: a. Pay the full cost of acquiring off-site right-of-way or easements required by the Conditions of Approval of the Tentative Map. b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. Said estimate is subject to the approval of the City Engineer. c. Have all right-of-way and/or easement documents and plats prepared and appraisals complete, as necessary to commence condemnation proceeding, and as determined by the City Engineer. d. 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 Developer shall pay all costs, both direct and indirect, incurred in said acquisition. Items a, b, and c above shall be accomplished prior to the approval of the applicable final map. (Engineering) 23. Prior to approval of the first final map, the Developer shall enter into an agreement with the City of Chula Vista, to run with the entire land contained within the Project, wherein the Developer acknowledges and agrees that, prior to the construction ofSR-125, the City shall stop issuing new building permits for EastLake III when the City, in its sole direction, determines that either: a. Building permits for a total 9,429 dwelling units have been issued for projects east of 1-805 (the start date for counting the 9,429 dwelling units is January 1, 2000); or, b. An alternative measure is selected by the City in accordance with the City of Chula Vista Growth Management Ordinance. Developer shall also acknowledge and agree that notwithstanding the foregoing thresholds, the City may issue building permits if the City decides, in its sole discretion, that any of the following has occurred: l) traffic studies demonstrate, to the satisfaction of the City Engineer, that the circulation system has additional capacity without exceeding the GMOC traffic threshold standards; 2) other improvements are constructed which provide additional capacity; or 3) the City selects an alternative method of implementing the GMOC standards. These traffic studies would not require additional environmental review under CEQA; however, any improvements proposed in these traffic studies would be subject to additional environmental reviews as required. 24. Prior to approval of the final map that triggers the installation of the street improvements listed below, the Developer shall construct and secure a fully activated traffic signal including interconnected wiring at the following intersections: ,) ~.. Resolution No. Page 14 of 47 a. Hunte Parkway and Stone Gate Drive b. Otay Lakes Road and Woods Drive c. Otay Lakes Road and Lake Crest Drive d. Otay Lakes Road and Wueste Road The Developer shall fully design the aforementioned traffic signals in conjunction with the improvement plans for the related streets, and shall install underground improvements, standards and luminaries in conjunction with the construction of the applicable street improvements. In addition, the Developer shall install mast arm, signal heads, signal interconnect cable, and associated equipment when traffic signals warrant as determined by the City Engineer. (Engineering) 25. Prior to approval of: 1) the final map containing the 1,341 st cumulative dwelling unit in the Vistas neighborhood, or 2) the first final map in the planning area VR-1, within the Vistas Neighborhood, which ever occurs first, the Developer shall construct and secure the construction of the southerly one-half of Otay Lakes Road, between Lake Crest Drive and Wueste Road to 6-lane Prime Arterial standard. This requirement shall also include constructing the necessary improvements for connecting Wueste Road to the proposed Otay Lakes Road improvements to the satisfaction of the City Engineer. The schedule for constructing these improvements shall be approved or determined by the City Engineer, prior to approval of the aforementioned final map. Developer shall provide security guaranteeing the construction of the aforementioned improvements in the form of cash or any other form approved by the City Engineer, at his/her sole discretion. City Engineer may waive or modify this condition, at his/her sole discretion, based on other health and safety concerns. (Engineering) 26. Prior to approval of the final map containing the 547'h cumulative dwelling unit within the Woods neighborhood, the Developer shall do the following: a. Pay for the construction of Proctor Valley Road improvements, as a four-lane major road, along the frontage of the Project, extending trom the westerly subdivision boundary to Northwoods Drive. b. City may use Developer's money, as the City may deem appropriate, to acquire completed portions, and/or pay directly for the construction of the Proctor Valley Road improvements. 27. Prior to issuance of the first building permit for the Commercial Tourist (C-2) site, unless otherwise required by the City Engineer, the Developer shall construct and secure full traffic signal improvements at the intersection of Olympic Parkway and the entrances to the Commercial Tourist (C-2) site where pedestrian crossing shall be prohibited, to the satisfaction ofthe City Engineer. (Engineering) 28. Prior to approval of the final map, which triggers the construction of Facility 9 (Olympic Vista Road) within the Vistas Neighborhood, as set forth in Table "A", the Developer shall construct and secure the following improvements to the satisfaction of the City Engineer: ,}Cf -'.'~----""'-----"I .- Resolution No. Page 15 of 47 a. All necessary improvements in Olympic Parkway for providing left turn access into Facility 9 (Olympic Vista Road). This requirement shall also include, but is not limited to, any required modification to the existing median, storm drainage system, streetlights, landscaping, and irrigation improvements. b. Full traffic signal improvements at the intersection of Olympic Parkway and Facility 9 (Olympic Vista Road). c. Stripping and signage for pedestrian and vehicular traffic. (Engineering) 29. Prior to approval of the final map, which triggers the construction of Facility 5 (Lake Crest Drive) within the Vistas Neighborhood, as set forth in the PFFP, Developer shall accomplish the following to the satisfaction of the City Engineer: a. Construct and secure all improvements including, but not limited to, asphalt concrete pavement, curb, gutters, stripping, signage, storm drains, landscaping, connection to existing improvements, and removal of any existing improvements required for constructing the two proposed intersections of Olympic Parkway and Wueste Road. b. Construct and secure the construction of full traffic signal improvements and appropriate stripping and signage at the fol1owing locations: 1. Intersection of Olympic Parkway, the entrances to the Olympic Training Center and Commercial Retail (C-l) site. 11. Both intersections of Olympic Parkway and Wueste Road. c. Developer shall obtain the City Engineer's approval of traffic signals plans for said intersections, and shall install underground improvements, including signal interconnect cable, traffic signal standards, and luminaries concurrent with the construction of Facility 5 (Lake Crest Drive). In addition, mast arms, signal heads, and associated equipment shall be installed when the traffic signal is warranted, as determined by the City Engineer. (Engineering) d. Submit a request for changing the name of Wueste Road, in order to provide distinct names for the two proposed intersections with Olympic Parkway, unless otherwise directed by the City Engineer. Developer shall prepare all the necessary documents and provide for all costs involve in processing said street name change. 30. Prior to approval of the first building permit for the construction of the Commercial Retail (C-l) site, the Developer shall construct and secure the following improvements to the satisfaction of the City Engineer: 30 . ..---.....-.--.___.____-t-__.__... '.__.-. Resolution No. Page 16 of 47 a. All necessary improvements on Olympic Parkway for a left turn ingress to the Commercial Retail (C-1) site. This requirement shall also include, but is not limited to, any required modification to the existing median, storm drainage system, streetlights, and irrigation improvements. b. Full traffic signal improvements at the intersection of Olympic Parkway, the entrances to the Olympic Training Center and Olympic Parkway and the Commercial Retail (C-l) site. c. Stripping and signage for pedestrian and vehicular traffic at the entrance to said Commercial Retail (C-l) site to the satisfaction of the City Engineer. (Engineering) 31. Prior to approval of the first final map for the Project, Developer shall construct and secure, to the satisfaction of the City Engineer, the following improvements: a. All necessary improvements on Hunte Parkway to provide a left turn ingress lane to the elementary school site. This requirement shall also include, but is not limited to, any required modification to the existing median, storm drainage system, streetlights, and irrigation improvements. Left turn egress from the elementary school, as well pedestrian crossing in Hunte Parkway shall be prohibited. b. Traffic signal improvements for a left turn vehicular ingress lane to the elementary school site. c. Construction of an exclusive l2-foot wide right turn-lane for vehicular access into the elementary school site. Said right turn-lane shall be a minimum of 40 feet long, in addition to the appropriate transition length acquired by the City Engineer. (Engineering) 32. Include in the applicable grading/improvement plans, to the satisfaction of the City Engineer, all the grading and improvements required for a 5-foot bike lane at both sides of the following roadways. These bike lanes shall be extended to the first street intersection within the subdivision as determined by the City Engineer: (Engineering) a. Proctor Valley Road and Northwoods Drive b. Otay Lakes Road and Woods Drive c. Otay Lakes Road and Lake Crest Drive d. Hunte Parkway and Stone Gate Drive e. Olympic Parkway and Olympic Vista Road 33. Grant on the applicable Final maps sight visibility easements to the City of Chula Vista for comer lots, as required by the City Engineer, to keep sight visibility areas clear of any obstructions. Sight visibility easements shall be shown on grading plans, improvement plans, and final maps to the satisfaction of the City Engineer. (Engineering) ~I Resolution No. Page 17 of 47 34. Design landscape and irrigation plans such that street tree placement is not in conflict with the sight visibility of any traffic signage. The Developer shall be responsible for the removal of any obstructions within the sight visibility of said traffic signs to the satisfaction of the City Engineer. (Engineering) 35. Prior to issuance of any grading permit proposing the creation of down slopes adjacent to public or private streets, the Developer shall accomplish the following: a. Obtain the City Engineer's approval of a roadside study to determine the necessity of providing guardrail improvements at those locations. b. Construct and secure any required guardrail improvements in conjunction with the associated grading and/or construction permit, as determined by the City Engineer. Guardrail shall be installed per CalTrans Traffic Manual and Roadside Design Guide requirements to the satisfaction of the City Engineer. (Engineering) 36. Construct traffic signal interconnect conduit and all appropriate wiring for all proposed signalized intersections to the satisfaction of the City Engineer. (Engineering) 37. Prior to approval of each final map, Developer shall agree to install permanent street name signs prior to the issuance of the first building permit for the applicable final map. (Engineering) 38. Construct and secure the installation of nine permanent traffic count stations as indicated below: Traffic count station Construct and secure construction General location prior to approval of Hunte Parkway - North of Otay First fmal map for the Lakes Road (1 count station) Woods neighborhood Otay Lakes Road (3 count stations) Final map that triggers construction of Otay Lakes Road Hunte Parkway - South of Otay First final map for the Vistas Lakes Road (1 count station) neighborhood Olympic Parkway (3 count stations) First final map for the Vistas neighborhood Wueste Road (1 count station) First final map for the Vistas neighborhood The traffic count stations shall be installed at specific locations determined by the City Engineer during processing of the applicable improvement plans. (Engineering) 39. Prior to approval of the first final map or first construction permit for any property in the Woods East, whichever occurs earlier, Developer shall obtain the approval of the City Engineer and Director of Planning and Building of for the proposed beveled curbs. 3c~ Resolution No. Page 18 of 47 40. Prior to approval of the first final map for the Vistas, the Developer shall construct and secure, in accordance with City standards, all sewer and drainage improvements in Olympic Parkway required to provide service to the Project. This requirement shall include, but not be limited to, any required modifications to the existing sewer and storm drainage facilities. 41. Include in the first construction permit for Planning Area WR-6, all the grading and improvements necessary to construct the proposed neighborhood emergency access along Otay Lakes Road to the satisfaction of the City Engineer, Fire Chief, and Director of Parks and Recreation. 42. Maintenance responsibility of street trees within the Project shall be as follows: a. Developer shall grant to the City a 10-foot street tree planting and maintenance easement at the back of the sidewalk for non-monolithic curb, gutter and sidewalk sections where parkways are less than 7 feet. b. Trees located at the back of sidewalk shall be maintained by HOA. Where street trees are planted between curb and gutter, and the sidewalk (within a parkway) no additional street tree easement will be accepted, nor will the City maintain trees planted in area on the side of sidewalk furthest !Tom the roadway. Trees located at the back of sidewalk shall be maintained by HOA. c. Private streets: All street trees shall be privately maintained. GRADING AND DRAINAGE 43. Prior to approval of mass grading plans, submit hydrology and hydraulic studies, and calculations demonstrating the adequacy of downstream drainage structures, pipes and inlets. (Engineering) 44. Provide graded vehicle access to all storm drain clean-outs, or as other access solution approved by the City Engineer. Storm drain clean-outs shall not be located on slopes or inaccessible areas for maintenance equipment, and shall be designed to the satisfaction of the City Engineer. (Engineering) 45. Drainage shall be collected in an inlet and carried to the bottom of any slope in an underground storm drain, if the slope is over 10 feet in height and steeper than 4: 1. (Engineering) 46. Prior to approval of grading plans, demonstrate the adequacy of existing drainage runoff detention facilities or include, in the grading plans, the construction of additional detention facilities, to ensure that the maximum allowable discharges after development do not exceed pre-development discharges, all to the satisfaction of the City Engineer. The developer shall provide for the future maintenance of the detention basin facilities through the establishment 3'3 Resolution No. Page 19 of 47 of a Master Home Owners Association, or other funding mechanism as approved by the City. (Engineering) 47. Construct a protective fencing system around all proposed permanent detention basins, and the inlets and outlets of storm drain structures, as and when directed by the City Engineer. The final fencing design and types of construction materials shall be subject to approval by the City Engineer and Director of Parks and Recreation. (Engineering, Parks & Recreation) 48. Construct energy dissipaters at all storm drain outlets, as required by the City Engineer to maintain non-erosive flow velocities. (Engineering) 49. Submit to and obtain approval ITom the City Engineer and Director of Parks & Recreation of an erosion and sedimentation control plan as part of grading plans. (Engineering, Parks & Recreation)) 50. Locate lot lines at the top of slopes except as shown on the Tentative Map or as approved by the City Engineer and Director of Planning & Building. Lots shall be so graded as to drain to the street or an approved drainage system. Drainage shall not be permitted to flow over slopes or onto adjacent property. (Engineering, Planning & Building) 51. Design and construct all grading and pad elevations to be within 2 feet of the grades and elevations shown on the approved Tentative Map or as otherwise approved by the City Engineer and Director of Planning & Building. (Engineering, Planning & Building) 52. Obtain and submit to City staff notarized letters of permission for all off-site grading work prior to issuance of grading permit for work requiring said off-site grading. (Engineering) 53. All private storm drains ITom the business center shall connect into the public storm drain system at a structure such as a cleanout or catch basin. 54. Prior to approval of each final map, submit a list of proposed lots indicating whether the house structure will be located on fill, cut, or a transition between the two situations. (Engineering) 55. Design and construct all public storm drains as close to perpendicular to the slope contours as possible, but in no case greater than 15 degrees ITom perpendicular to the contours. (Engineering) 56. Provide a minimum of three (3) feet of flat ground access ITom the face of any wall to the beginning of the slope rounding for wall maintenance, unless otherwise approved by the City Engineer. (Engineering) 57. Provide a setback, as determined by the City Engineer based on Soil Engineer recommendations, between the property lines of the proposed lots and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped property or ''3 ~I Resolution No. Page 20 of 47 property owned by others. The City Engineer shall not approve the creation of any lot that does not meet the required setback. (Engineering) 58. Design and construct the inclination of each cut or fill surface, resulting in a slope, to not be steeper than 2: 1 (two horizontal to one vertical), except for minor slopes as herein defined. All constructed minor slopes shall be designed for proper stability considering both geological and soil properties. A minor slope may be constructed no steeper than one and one-half horizontal to one vertical (1.5:1) contingent upon: a. Submittal and approval of reports by both a soils engineer and a certified engineering geologist containing the results of surface and sub-surface 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 of property. b. The installation of an approved slope planting program and irrigation system. c. "Minor Slope" is defined as a slope four (4) feet or less in vertical dimension in either cut or fills, between single-family lots and not parallel to any roadway. (Engineering) 59. Prior to issuance of grading permits or any other grant of approval for any landform modification, the Developer shall delineate areas of native vegetation to remain undisturbed based on adopted grading plans. (Environmental) 60. Construct temporary desilting basins at all discharge points adjacent to drainage courses or where substantial drainage alteration is proposed in the grading plan. The exact design and location of such facilities shall be based on hydrological modeling, and determined pursuant to direction by the City Engineer. (Engineering) 61. Prior to issuance of a grading permit for any area of the project (including off-site areas) draining toward the Upper or Lower Otay Reservoirs, developer shall accomplish the following: a. Obtain the approval of the City ofChula Vista and all other applicable agencies for any proposed structural drainage runoff detention and/or diversion facilities within the Otay Lakes Watershed. b. Obtain the approval of the City of Chula Vista and all other applicable agencies of all operational and maintenance agreements associated with any proposed structural drainage runoff detention and/or diversion facilities within the Otay Lakes Watershed. (Engineering) 62. Prior to approval of any grading permit or any other grant of approval for constructing the proposed detention basins in the Woods, the Developer shall demonstrate that the design of .:>" '\ . _. ___________.~._-.~~..- _..________.u___ Resolution No. Page 21 of 47 the Woods detention basin would reduce the 5, 10, 25, 50 and 100-year post-development peak flows, to an amount not exceeding pre-development conditions. (Engineering) 63. Provide a minimum of 6-inch thick PCC (reinforced with #4 BAR @ 18" on center each way) designed for H-20 loading and heavy broom finish for those access roads to the detention basins with grades of 10% or greater. All other detention basin access roads must be asphalt concrete designed to carry H-20 loading. In addition, maintenance pads adjacent to the inlet structures shall be a minimum of 6-inch PCC (reinforced with #4 bar @ 18" on center each way) designed for H-20 loading with a heavy broom fmish. (Engineering) 64. 1n order to avoid indirect impacts on the Otay Tarplant Preserve, Preserve lands, Salt Creek wetlands and Otay Lakes, fertilizers, herbicides and pesticides shall not be applied to the manufactured slopes along the eastem periphery of the Woods and Vistas parcels that drain to Otay Lakes, or to the manufactured slopes immediately adjacent to Salt Creek. In addition, potable water shall be used for irrigation on the manufactured slopes along the eastern periphery of the Woods and Vistas parcels that drain to Otay Lakes. (Environmental) 65. Prior to the issuance of any grading permit for the Woods or Vistas, demonstrate to the satisfaction of the City Engineer, that proposed storm drain discharge does not exceed pre-development discharge. (Engineering) 66. Prior to acceptance of the two Woods detention basins and release of the grading bond by the City, Developer shall obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency revising the current National Flood Insurance Program Maps of the Salt Creek Channel to reflect the effect of the Salt Creek drainage improvements. (Engineering) 67. Prior to the approval of the first final map, the Developer shall agree not to protest the formation of a financing district or any other funding mechanism as approved by the City for the maintenance of the entire Salt Creek drainage basin. The Developer shall agree to finance the formation of such a district on a fair share basis. 68. Prior to issuance of grading permits, Developer shall demonstrate that the grading plans are in substantial compliance with the grading outlined in the Tentative Map. (Engineering, Planning & Building) 69. Include in the first grading plan proposing to grade the elementary school site all the grading and improvements necessary to construct the following: a. Pedestrian safety fence and/or any other safety feature along the existing Salt Creek Sewer Interceptor maintenance access road within the Woods Neighborhood, as required by the City Engineer. The fence details, specifications and installation shall be approved by the City Engineer and Director of Parks & Recreation. b. Locking devices for the existing Salt Creek Sewer Interceptor manholes, as determined by the City Engineer. )0c' Resolution No. Page 22 of 47 c. Relocation of the Salt Creek Sewer Interceptor, as depicted on the Tentative Map. The access road for said sewer shall have a minimum width of 16 feet and shall be paved with asphalt concrete 12 feet wide within the easement. The structural section of the access road shall be designed to accommodate H-20 loading with asphalt depth of 3-inches minimum. The access road does not have to be centered in the easement but the 12-foot paved section shall be centered on the access points (Manholes). Developer shall not receive DIF credit for this work. 70. Prior to approval of the first final map for the Project or issuance of the first grading permit for the construction of the proposed naturalized channel and/or detention basins in Salt Creek, whichever occurs earlier, developer shall accomplish the following: a. Prepare a maintenance program of all the proposed drainage and water quality treatment facilities in Salt Creek, including, but not limited to, naturalized channel, wetlands restoration areas, detention basins, and water quality treatment facilities. The maintenance program shall include, but not be limited to: a) a manual describing the operation and maintenance of the drainage and water quality treatment facilities; b) an estimate of the cost of such operation and maintenance activities; and c) a funding mechanism for financing the maintenance program. Said maintenance program shall be subject to approval by the City Engineer, Director of Planning and Building, and the Director of Parks and Recreation. The Developer shall be responsible for obtaining the approval of the maintenance program from all applicable federal and state agencies. b. Enter into an agreement with the City of Chula Vista and the applicable resource agencies wherein the parties agree to implement the maintenance program. c. Enter into an agreement with the City of Chula Vista, wherein Developer agrees to the following: 1. Provide for the maintenance of all proposed drainage and water quality treatment facilities in Salt Creek, including, but not limited to, the naturalized drainage channel, wetlands restoration areas as allowed by the resource agencies, detention basins, and water quality treatment facilities until such time as maintenance of such facilities is assumed by the City, open space district, or HOA. 11. Provide for the removal of siltation, attributable to the Project, rrom I) all proposed drainage and water quality treatment facilities in Salt Creek, including, but not limited to, the naturalized drainage channel, wetlands restoration areas as allowed by resource agencies, detention basins, and water quality treatment facilities, and 2) the existing detention basin and wetland restoration area in EastLake Trails, until all upstream grading of the area contained within the Project is completed and all erosion protection 3) Resolution No. Page 23 of 47 planting is adequately established as determined by the City Engineer, Director of Planning and Building, and Director of Parks and Recreation. 111. Provide for the removal of any siltation from all proposed drainage and water quality treatment facilities in Salt Creek, including, but not limited to, the naturalized drainage channel, wetlands restoration areas as allowed by the resource agencies, detention basins, and water quality treatment facilities, attributable to the Project, for a minimum period of five years after maintenance of such facility is accepted by the City or an Open Space District. IV. Developer shall provide security, satisfactory to the City Engineer, guaranteeing the performance of the aforementioned maintenance and siltation removal obligations. (Engineering) 71. The Development 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 (NPDES), permit requirements for urban runoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista, pursuant to the NPDES regulations or requirements. Further, the Developer shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES 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. The developer shall comply with all the provisions of the NPDES and the Clean Water Program during and after all phases of the development process, including, but not limited to, mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Developer shall design the Project storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, to the satisfaction of the City Engineer. (Engineering) 72. Prior to the approval of the first final map, or issuance of the first grading permit for the Project, whichever occurs earlier, enter into an agreement with the City of Chula Vista, wherein the Developer agrees to the following: a. Comply with the requirements of the new Municipal Storm Water Permit (Order No. 2001-01) issued by the San Diego Regional Water Quality Control Board, including revision of plans as necessary. b. Indemnify, and hold harmless the City, its elected and appointed officers and employees, from and against all fines, costs, and expenses arising out of non-compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results from any action by the Developer, any agent or employee, subcontractors, or others. Y5j Resolution No. Page 24 of 47 The Developer's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. c. That the City Engineer may require incorporation of Standard Urban Water Mitigation Plan (SUSMP) requirements during the implementation period preceding the adoption of the local SUSMP by the City for all priority projects or phases of priority projects undergoing approval process, in accordance with Order No. 2001-01, NPDES No. CASOl08758 Municipal Permit, as determined by the City Engineer. d. To not protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. The above noted agreement shall run with the entire land contained within the Project. (Engineering) 73. Prior to approval of the first final map for the Vistas or issuance of the first grading permit proposing to deposit storm water into the existing drainage facilities in Olympic Parkway, whichever occurs earlier, the Developer shall accomplish the following: a. Construct and secure all grading and improvements necessary to construct the proposed infiltration pond in the OS-5 lot, including the storm drain connecting to the existing drainage facilities in Olympic Parkway. b. Prepare a maintenance program for the proposed infiltration pond. The maintenance program shall include, but not be limited to: a) a manual describing the operation and maintenance of said facility; b) an estimate of the cost of such operation and maintenance activities; and c) a funding mechanism for financing the maintenance program. Said maintenance program shall be subject to approval by the City Engineer, Director of Planning and Building, and the Director of Parks and Recreation. The Developer shall be responsible for obtaining the approval of the maintenance program from any applicable federal and state agencies. c. Enter into an agreement with the City of Chula Vista and any applicable agencies, wherein Developer agrees to implement the maintenance program until the later to occur of a) maintenance of such facilities is assumed by the City, open space district, or HOA, or b) all upstream grading of the area draining to the filtration pond is completed and all erosion protection planting is adequately established as determined by the City Engineer, Director of Planning and Building, and Director of Parks and Recreation. Developer shall provide security, satisfactory to the City Engineer, guaranteeing the performance of these maintenance obligations. (Engineering) ;Yi Resolution No. Page 25 of 47 74. Prior to approval of the first final map or approval of the first grading permit for the Project, whichever occurs earlier, Developer shall provide written evidence acceptable to the City Engineer, demonstrating that the Chula Vista Elementary School District has no objections to the proposed public storm drain and associated access and maintenance easement to the City of Chula Vista crossing the proposed PQ-1 site, as depicted in the Tentative Map. (Engineering) 75. Prior to approval of the first grading permit for the Project (including offsite areas) draining towards the Upper or Lower Otay Lake Reservoirs, the Developer shall provide written evidence, acceptable to the City Engineer, demonstrating that financial arrangements have been made with the City of San Diego regarding monetary compensation for any loss of water resulting trom the proposed diversion of drainage runoff from the Otay Lakes watershed. Said financial arrangements shall be in a form approved by the City Engineer and Director of Planning & Building, and shall exclude imposing an obligation on a Homeowners Association to provide for said compensation. (Engineering, Planning & Building) SEWER 76. Design all sewer access points (manholes) to be located at centerline of street, cul-de-sac center, or at the center of a travel lane, unless otherwise approved by the City Engineer. (Engineering) 77. Provide improved all-weather paved access to all sewer manholes to withstand H-20 wheel load or other loading as approved by the City Engineer. (Engineering) 78. Sewer access points (manholes) shall not be located on slopes or in inaccessible areas for maintenance equipment. (Engineering) 79. Provide sewer manholes at all changes of alignment of grade, unless otherwise approved by the City Engineer. Sewers serving 10 or less equivalent dwelling units shall have a minimum grade of 1 %. (Engineering) 80. Manholes should not be located in the wheel tracks on Class I Collector Streets and above, unless otherwise approved by the City Engineer. Manholes within intersections of Class I Collectors and above shall meet Regional Standard Drawing M-4 (Locking). (Engineering) 81. Prior to approval of any final map or any other grant of approval for any improvement proposing to pump EastLake III sewage flows to the Telegraph Canyon and/or Poggi Canyon sewer trunks, the Developer shall accomplish the following: a. Comply with all the requirements of Council Policy No. 570-03 ("Sewage Pump Station Financing Policy). '10 Resolution No. Page 26 of 47 b. Enter into an agreement to construct and secure the construction, in accordance with Section 18.16.220 of the Municipal Code, of those improvements required to accomplishing the following: 1. Construction of pump station improvements and associated facilities necessary to pump sewage flows to the Telegraph Canyon and/or sewer trunks. 11. Removal of any existing, new, and/or modified pump stations and associated improvements, to the satisfaction of the City Engineer, upon completion of the Salt Creek Sewer Interceptor. 111. Connection of the Project by gravity to the Salt Creek Sewer Interceptor, to the satisfaction of the City Engineer, upon completion of the Salt Creek Sewer Interceptor. IV. The amount of the security for the above noted improvements shall be 110% of the construction cost estimate approved by the City Engineer if improvement plans have been approved by the City, 150% of the approved cost estimate if improvement plans are being processed by the City or 200% of 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. (Engineering) c. Provide funding for the preparation of all the studies and reports required to support the addition of pumped sewage flows to the Telegraph Canyon and/or Poggi Canyon sewer trunks, as determined by the City Engineer. (Engineering) 82. Prior to approval of any final map or any other grant of approval for any improvement proposing to pump EastLake III sewage flows to the Telegraph Canyon and/or Poggi Canyon sewer trunks, the City Engineer, at his/her sole discretion, shall determine the extent of improvements needed for pumping EastLake III sewage flows consistent with: 1) the requirements of Council Policy No. 570-03; 2) the Preliminary Offsite Sewer Study for EastLake III prepared by John Powell & Associates Inc. dated November 2000 and revised January 3, 2001 (refer to Attachment I of FSEIR 01-01); and 3) the City Memorandum dated February 19,2001 (see Attachment I of Subsequent EIR 01-01). Flows from no more than 1,610 Equivalent Dwelling Units shall be pumped to Telegraph Canyon and/or Poggi Canyon, as described in the Preliminary Off-site Sewer Study for EastLake III. (Engineering) 83. Prior to approval of the first final map or any other grant of approval for any improvements proposing to pump EastLake III sewage flows to the Poggi Canyon sewer trunk, the Developer shall accomplish the following: VI Resolution No. Page 27 of 47 a. Provide the necessary funding, in the amount determined by the City Engineer, for establishing the Poggi Canyon Pumped Sewer Development Impact Fee or any other funding mechanism as determined by the City Engineer. Said Development Impact Fee, or funding mechanism shall be prepared, as directed by the City Engineer, and approved by Council. b. Provide the necessary funding for implementing a Poggi Canyon sewer trunk- monitoring program, as determined by the City Engineer. (Engineering) 84. Prior to approval of the final map, Developer shall construct and secure, in accordance with Section 18.16.220 of the Chula Vista Municipal Code, the Poggi Canyon Sewer Improvements set forth in Section 4.4.8.6 of the PFFP under subsection entitled "Capacity of Poggi Canyon Trunk Sewer". In addition, the Developer shall acknowledge and agree that the City Engineer may amend the Poggi Canyon thresholds set forth in said section of the PFFP, if he/she determines at his/her sole discretion, that the EDU assumption of in- basin gravity flows are such that additional pumped flows, beyond what is identified in said section of the PFFP, can be accommodated as evidenced by monitoring. The amount of the security for the above noted improvements shall be 110% of the construction cost estimate approved by the City Engineer, if improvement plans have been approved by the City; 150% of the approved cost estimate, if improvement plans are being processed by the City, or 200% of 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. (Engineering) 85. Provide a sewer profile study for all deep sewer lines (15' in depth or greater), which indicates that no other feasible alternative exists except for the deep sewer running between northerly boundary of the commercial site (C-l) and southerly boundary of VR-9 through VR-1l (as shown on the Tentative Map). If the City Engineer approves the profile study, the deep sewer lines will be permitted for construction. (Engineering) 86. All PCC paved sewer and/or drainage maintenance access roads shall be 6 inches in thickness and contain #4 reinforcement bars at 18 inches on center each way to prevent differential displacement between concrete panels. (Engineering) 87. Sewer main pipes shall not run parallel and under slopes greater than 5;1 unless otherwise approved by City Engineer. (Engineering) 88. Sewer lines, which are greater than 20 feet in depth, shall use C-900 or C-905 class pipe, as approved by the City Engineer. (Engineering) 89. The sewer line from the C-2 lot to the connection with the main sewer on the most northeasterly comer of Commercial Site (C-l) shall be private unless otherwise approved by the City Engineer as public sewer. C/l Resolution No. Page 28 of 47 WATER 90. Prior to approval of each final map, present verification to the City Engineer in the form of a letter ffom Otay Water District indicating that the assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid, or that no assessments/bonded indebtedness exist on the parcel(s). (Engineering) 91. Prior to approval of each final map, present verification to the City Engineer in the form of a letter ffom Otay Water District that the subdivision will be provided adequate water service and long-term water storage facilities. The Developer shall phase and install water system improvements as required by the Otay Water District. (Engineering, Planning & Building) 92. Prior to approval of the first fmal map, obtain approval ffom the Otay Water District of the EastLake III Sub-area Water Master Plan (Engineering, Planning & Building) 93. Avoid installation of privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of installing sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: a. The Developer enters into an agreement with the City where the Developer agrees to the following: 1. Apply and obtain approval of an encroachment permit for installation of private utilities within public right-of-way. 11. Maintain membership in an advance notice, such as: the USA Dig Alert Service. 111. Mark out all private facilities/utilities owned by the Developer whenever work is performed in the area. IV. The terms of this Agreement shall be binding upon the successors and assigns of the Developer. b. Shutoff devices, as determined by the City Engineer, are provided at those locations where private facilities traverse public streets. (Engineering) AGREEMENTS/FINANCIAL 94. Enter into a supplemental agreement with the City, prior to approval of each final map, where the Developer agrees to the following: a. That the City may withhold building permits for the subject subdivision if anyone of the following occur: L(j Resolution No. Page 29 of 47 1. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan, as amended rrom time to time, have been reached or in order to have the Project comply with the Growth Management Program as may be amended rrom time to time. n. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. lll. The required public facilities, as identified in the PFFP, or as amended or otherwise conditioned have not been completed or constructed to the 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's Director of Planning and Building and the Public Works Director. (Engineering, Planning & Building) b. Defend, indemnify and hold harmless the City and its agents, officers and employees, rrom 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. (Engineering, Planning & Building) c. Permit all cable television companies rranchised by the City of Chula Vista equal opportunity to place conduit and provide cable television service for each lot or unit within the Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the final map only to those cable television companies ITanchised by the City of Chula Vista, the condition of such grant being that: (a) such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate that placement of such conduits; and (b) any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the rranchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may ITOm time to time be, issued by the City of Chula Vista. Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. (Engineering, Planning & Building) <-f'i --_.."----_."-_.,.._-~.._--_...__.._.,. Resolution No. Page 30 of47 d. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. (Engineering, Planning & Building) e. Hold the City harmless fiom any liability for erosion, siltation or increase flow of drainage resulting from this project. (Engineering, Planning & Building) f. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). (Engineering) g. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. This agreement not to protest shall not be deemed a waiver of the right to challenge the amount of any assessment which may be imposed due to the addition of these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. (Engineering) 95. Prior to approval of each Pinal map, the Developer shall comply with all previous agreements as they pertain to this tentative map. (Engineering, Planning & Building) 96. Prior to approval of each final map, the Developer shall contract with the City's current street sweeping fianchisee, or other server approved by the Director of Public Works to provide street sweeping for each phase of development on a fiequency and level of service comparable to that provided for similar areas of the City. The developer shall cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street, or 60 days after the completion of all punch list items, whichever is shorter. The developer further agrees to provide the City Special Operations Manager with a copy of the memo requesting street sweeping service. Such memo shall include a map of areas to be swept and the date the sweeping will begin. (Public Works) 97. Prior to approval of the first final map for the project, enter in an agreement with the City to provide affordable housing units as specified in the adopted EastLake Comprehensive Affordable Housing Program. (Community Development) 98. Prior to issuance of first final map, the Developer shall provide evidence, satisfactory to the Director of Planning & Building, that the school districts are satisfied. (Planning & Building) 99. Developer acknowledges that the City is in the process of conducting an Air Quality Improvement Plan (AQIP) Pilot Study to evaluate the various transportation and energy efficient land use planning and building construction measures for new development and vS- .-- ._-,--,'^~-". ,.....---.--...--. Resolution No. Page 31 of 47 that the Project Study will include cost effectiveness and feasibility analyses of the various measures under consideration, and will result in a Draft AQIP for the Project recommending which measures should be included in the Project at the present time. 100. Prior to or concurrent with approval of the first final map for the project, unless the Director of Planning and Building allows other timing, the Draft Air Quality Improvement Plan (AQIP) must be considered and acted upon by the Planning Commission and City Council. The Developer hereby agrees to implement the final AQIP measures as approved by the City Council, and to comply and remain in compliance with the AQIP. The Developer shall also agree to waive any claim that the adoption of a final Air Quality Improvement Plan constitutes an improper subsequent imposition of the condition. 101. The Developer acknowledges that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures related to new development as various technologies and/or programs change or become available. The Developer shall be required to modify the AQIP to incorporate those new measures, which are in effect at the time, prior to or concurrent with each Final map approval within the Project. The new measures shall apply, as applicable, to development within all future Final map areas, but shall not be retroactive to those areas, which receive Final map approval prior to effect of the subject new measures. 102. The Developer acknowledges that the City is in the process of developing guidelines for the preparation of required Water Conservation Plans (WCP), and is conducting a WCP Pilot Study to evaluate various water conservation measures for new development beyond those currently mandated, and that the Project area is part of that Study. The Developer further acknowledges that the WCP Pilot Study will include cost effectiveness and feasibility analysis of the various measures under consideration, and will result in recommending which measures should be included in the Project at the present time. 103. Prior to or concurrent with the approval of the first final map for the project, unless the Director of Planning and Building allows other timing, the Developer shall have prepared, submitted and obtained the approval of the Planning Commission and City Council of a Water Conservation Plan (WCP) for the Project which incorporates the Pilot Study recommendations. The Developer hereby agrees to implement the final WCP measures as approved by the City Council, and to comply and remain in compliance with the WCP. The Developer also agrees to waive any claim that the adoption of a final WCP constitutes an improper subsequent imposition ofthe condition. 104. The Developer acknowledges that the City Council may, from time-to-time, modify water conservation measures related to new development as various technologies and/or programs change or become available. The Developer shall be required to modify the WCP to incorporate those new measures, which are in effect at the time, prior to or concurrent with each final map approval within the Project. The new measures shall apply to development within all future final map areas, but shall not be retroactive to those areas, which received final map approval prior to effect ofthe subject measures. ifLp -.'-,,_. -.-. --'"'-'-~-'-~'--"".~'._'-"'----"'-"'--' --.,---..- Resolution No. Page 32 of 47 105. Prior to issuance of building permits, the Developer shall be required to submit a detailed acoustical analysis to the Environmental Review Coordinator prepared by a qualified acoustical consultant that demonstrates that the building structure is adequately designed such that second-floor interior noise levels, due to exterior sources, will be at or below the 45 CNEL interior standard. Where exterior noise levels exceed 60 CNEL, additional measures shall be required to attenuate interior noise to the 45 CNEL standard in compliance with the noise mitigation measures required in the MMRP. (Environmental, Planning & Building) 106. Agree to construct the City's greenbelt trail along the .;:astem edge of the Vistas and Woods neighborhood and along the east side of the Salt Creek open space Corridor, as identified in the Trials Plan of the EastLake III SPA. Final Greenbelt design, alignment and construction details, including fencing signage and view point amenities, shall be subject to approval by the Director of Parks and Recreation and Planning and Building. (Parks & Recreation, Planning & Building) OPEN SPACE/ASSESSMENTS 107. In the event Developer request the formation of a Community facility District (CFD), the Developer shall make such request, submit an application packet for formation of a Community Facilities District (CFD), and submit the request for CFD formation to the City Council for consideration prior to the approval ofthe first final map for the Project. The CFD shall be formed prior to issuance of the first production home building permit. The Developer shall submit a list of amenities, acreage and costs for all open space lots, including, but not limited to, the cost of any detention basin maintenance and all costs to comply with the Department ofFish & Game, and the U.S. Army Corps of Engineers permit requirements, if any. Maintenance of the open space improvements shall be accomplished by the Developer for a minimum period of one year, or until such time as accepted into the open space district by the Director of Public Works. If Council does not approve the CFD formation, some other financing mechanism, such as homeowners association, or an endowment shall be established and submitted to the City Council for consideration prior to approval of the first final map. Prior to the approval of the first final map, the Developer shall submit an initial deposit of$35,000 to begin the process of formation of the Open Space District. All costs of formation and other costs associated with the processing of the open space relating to this project shall be bomed by the Developer. The Developer shall provide all the necessary information and materials (e.g., Tables, diagrams, etc.) required by the City Engineer for processing the formation of the proposed CFD. (Engineering) 108. Grant in fee to the City on the applicable final map, all the open space lots to be maintained by the City through the open space district. Dev.;:loper shall provide on the final map a certificate, pursuant to section 66477.2(a) of the Subdivision Map Act, rejecting those open space lots to be maintained by the Homeowners Association. (Engineering) 109. Prior to issuance of any grading permit which includes Landscaping and Irrigation (L&I) improvements to be installed in an open space lot to be maintained by the open space district, the developer shall place a cash deposit with the City which will guarantee the maintenance '-/7 --'-"_._~'--'--'._'---'_..~-'_._'" . --.. Resolution No. Page 35 of 47 Developer acknowledges the Director of Parks and Recreation shall have the sole right to select the design Consultant( s). All design Consultant work product shall reflect the then current requirements of the City's Municipal Code, Department of Parks and Recreation Policies and the City of Chula Vista Landscape Manual requirements. (Parks & Recreation) 122. Prior to the Approval of the first final map for the Project, Developer shall enter into an agreement with the City wherein Developer agrees to comply with the following schedule for commencement of construction and delivery to the City of the project's park (P-l): a. Prior to issuance of a building permit for the 916th dwelling unit for the Project, Developer shall have commenced construction of project's Park (P-1), to the satisfaction of the Director of Parks and Recreation. Developer shall complete construction of the park within twelve (12) months of commencement of construction. The term "complete construction" shall mean park construction has been completed according to the City approved construction plans and accepted by the Director of Parks and Recreation. Furthermore "compete construction" shall mean prior to and shall not include the City's established maintenance period required prior to acceptance by the City for Public use. b. Developer acknowledges that prior to the commencement of park construction, Developer shall prepare, submit and obtain the Approval rrom the City Council of a Park Master Plan and shall prepare, submit and obtain the Approval rrom the Director of Parks and Recreation of Park Construction Documents and accompanying security. c. At any time the Director of Parks and Recreation may, at his sole discretion, modifY the neighborhood development phasing and construction sequence for the project's park should conditions change to warrant such revision. (Planning & Building, Parks & Recreation) 123. Developer shall rough grade the project's park site (P-l) to conform to the approved Park Master Plan to the satisfaction of the City Engineer and the Director of Parks and Recreation and at no cost to the City. (Engineering, Parks & Recreation) 124. Developer shall install underground utilities to the boundaries of the project's park site (P-1) to the satisfaction of the Director of Parks & Recreation and City Engineer concurrently with the installation of underground utilities for any portion of the Project adjacent to the park site. (Parks & Recreation, Engineering) 125. Developer acknowledges, understands and agrees that the City shall withhold the issuance of building permits for the Project should the Project be in deficit in "constructed park" based upon 3 acres/1,OOO residents. For purposes of this condition, the term "constructed park" shall mean the construction of the Project's park has been completed and accepted by the City as being in compliance with the Parks Master Plan, but prior to the City's required mandatory maintenance period. This is not intended to supersede any of the City's maintenance guarantee requirements. (Parks & Recreation) Lf~ -~--------..-_._--"_..._.""--"..__....__.^..- Resolution No. Page 36 of 47 126. Concurrent with the approval of each final map that contains a proposed trail, Developer shall provide an easement to the City, in a form approved by the City Attorney, for the trail alignment. (Parks & Recreation, Planning & Building) 127. Regular maintenance of the Greenbelt and Community trails and open space shall be the responsibility of the HOA. Prior to issuance of first grading permit for the applicable improvements, a maintenance program for the ordinary and usual maintenance of the trails shall be established in order to minimize potential for erosion into lower Otay Reservior. 128. Prior to the issuance of rough grading permit, or as otherwise approved by the Director of Parks & Recreation, the Developer shall prepare, submit and obtain the approval of the Director of Parks & Recreation, City Engineer and Environmental Review Coordinator for a landscape and irrigation slope erosion control plan. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual, Grading Ordinance and Biology section of the EIR. Developer shall install erosion control in accordance with approved plans within six months rrom the commencement of grading. (Parks & Recreation, Engineering, Planning Environmental) 129. Prior to the issuance of any construction permit, the Developer shall prepare, submit and obtain the approval of the City Engineer and the Director of Parks & Recreation, for open space, parkway, medians and trails landscape and irrigation plans. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and the SPA. Developer shall install all improvements in accordance with approved plans to the satisfaction of the Director of Parks and Recreation. (Parks & Recreation, Engineering) 130. Prior to the approval of any final map for the Project that contains open space, the Developer shall enter into an agreement to construct and secure open space landscape improvements within the map area. All landscape improvements shall be bonded for in amounts as determined by the Director of Parks & Recreation and approved in form by the City Attorney. Developer shall prepare, submit and obtain the approval for the Director landscape improvement plans simultaneously with improvement plans for the appropriate areas. (Parks & Recreation, Planning & Building) 131. The Project's MHOA CC&R's shall contain the requirement that, should the MHOA seek to be released by the City rrom the maintenance obligations for the project's open space and trails, the MHOA shall first obtain written consent from the City and 100 percent of the property owners within the MHOA. (Parks & Recreation, Planning & Building) 132. Developer agrees to immediately relocate, at Developer's sole expense, the necessary above and/or underground utilities to accommodate the required street trees within the street tree panting easement if determined necessary by the Director of Parks and Recreation or the City Engineer. (Parks & Recreation, Engineering) 133. Include in the first grading permit for the Woods and/or Vistas Neighborhoods, all grading and improvements required for that off site portion of the Green Belt Trail extending westerly Lf1 ---^--."".------- -.....-.-.- Resolution No. Page 37 of 47 of the VR-12/CPF-l site along Olympic Parkway to join the proposed Green Belt Trail along Salt Creek, to the satisfaction of the Director of Parks and Recreation and the City Engineer. (Engineering, Parks & Recreation) 134. Include in the applicable grading, landscaping and improvement plans proposing the construction of the Green Belt and Community Trails, all grading, improvements and appurtenant facilities, required by the Director of Parks and Recreation, Director of Planning and Building and the City Engineer, for accomplishing the following: a. Ensuring that trail traffic (i.e., pedestrian, bikes, electric carts) only crosses Collector and higher classification streets at controlled street intersections. b. Providing adequate safety and traffic calming features at the proposed trails mid- block crossings with residential streets. These improvements should include but are not limited to landscaped street neck-downs, strippinglsignage, warning signs and/or streetlights. (Engineering, Parks & Recreation) 135. Prior to the approval of the first final map or grading permit, whichever comes first, prepare, submit and obtain approval by the Director of Parks and Recreation for the final alignment, including location, construction materials, rest areas and detailing of the trail along the Salt Creek corridor between Olympic Parkway and Otay Lakes Road (Parks & Recreation) 136. Provide a trail connection, to be approved by the Director of Parks and Recreation, along the east side of Lake Crest Road between North Fork Road and Wueste Road to be submitted with improvement plans for Lake Crest Road. Trail shall be a minimum 10 feet wide and connect to graded park pad. (Parks and Recreation) EASEMENTS 137. Grant on the final maps minimum 15' wide easements to the City of Chula Vista as required by the City Engineer for construction and maintenance of sewer facilities. (Engineering) 138. Provide minimum 15' wide easements to the City of Chula Vista as required by the City Engineer for construction and maintenance of storm drain facilities. (Engineering) 139. Provide lO-foot wide general utility easements adjacent to street right-of-way within public open space lots, unless otherwise approved by the City Engineer. (Engineering) 140. Provide easements for all off-site public storm drains and sewer facilities prior to approval of each final map requiring those facilities unless Section 66462.5 of the State Map Act applies. The easements shall be sized as required by the City of Chula Vista Standards, unless otherwise approved by the City Engineer. (Engineering) 141. Grant on all applicable final maps, easements along all public streets within the subdivision as shown on the tentative map and in accordance with City standards unless otherwise approved by the City Engineer and the Director of Planning and Building. The City Engineer so -,--"...~,- ."_._'_._._._."._.~_.._,---.._~--~-_.- Resolution No. Page 38 of 47 may require either the removal or the subordination of any easement, which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way. (Engineering) 142. Grant on the appropriate final map, a 20-foot minimum sewer and access easement for sewer lines located between residential units, unless otherwise required by the City Engineer. All other easements shall meet City standards for required width. (Engineering) MISCELLANEOUS 143. Prior to approval of each final map, submit copies of all final maps in a digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file of the final maps shall combine all map sheets into a single CADD drawing, in DXF, DWG or Arc View (GIS) format and shall contain the following individual layers: a. Subdivision Boundary (closed polygons), b. Lot Lines (closed polygons) c. Street Centerlines (polygons) d. Easements (polylines) e. Street names (annotation) (Engineering) 144. Prior to the earliest to approval of: 1) first final map for Neighborhoods WR-6 and WR-7, or 2) issuance of any grant of approval for construction of the storm drainage system within said Neighborhoods WR-6 and WR-7, whichever occurs earlier, Developer shall provide verification, satisfactory to the City Engineer, demonstrating that: a. Appropriate easements has been granted to the EastLake Business Center II for constructing, operating, and maintaining the private storm drains conveying drainage flows generated by the adjacent EastLake Business Center II project through said Neighborhoods WR-6 and/or WR-7. b. The EastLake Business Center HOA shall be responsible for maintaining the aforementioned private storm drains. (Engineering) 145. Prior to approval of the applicable final map, Developer shall construct and secure the construction of transit stop facilities as set forth in the PFFP. The schedule for constructing the transit stops shall be approved or determined by the City Engineer prior to approval of the aforementioned final map. Developer shall design said transit stops in conjunction with the improvement plans for the related street. The City Engineer may require that Developer provide security guaranteeing the construction of said transit stops in a form of cash or any other form approved by the City Engineer at hislher sole discretion. (Public Works/Transit) 146. Prior to approval of the first final map, revise the EastLake III GDP, EastLake III SPA, EastLake III Planned Community District Regulations, EastLake III Design Guidelines, EastLake Community Purpose Facility Master Plan, EastLake Comprehensive Affordable SI -,----_. "-,,---,,_._-,--,-~--,---~-,,-,---,-,---,----,,-- .~-- Resolution No. Page390f47 Housing Program and Public Facilities Finance Plan documents, as modified by the City Council and as deemed appropriate by City staff to delete strike underline text, references to previous documents, inconsistencies and other clean-up items before final printing. (Planning and Building) 147. Prior to approval of the first final map, submit to the Planning and Building Department 20 copies of the adopted GDP, SPA, FSEIR, CEQA Findings, and Mitigation Monitoring Program in plastic binders. Specific document format, table of contents, binder size and titles shall be as determined by City staff. (Planning & Building) 148. Prior to sale of dwelling units in the Woods West, sales disclosure statement shall be provided, identifying the allowable uses in the westerly adjacent Business Center. (Planning & Building) 149. Prior to approval ofthe first final map, prepare, submit and obtain approval by the Director of Planning & Building of a homeowners manual for neighborhood WR-1, outlining development parameters and design criteria for accessory structures encroaching into the privately owned slope banks along the eastern edge of the Woods neighborhood. The homeowners manual shall address the following items: 1) permitted encroachment into slope banks, minimum separation between easterly adjacent greenbelt trail, permitted re-grading of slopes, thematic fencing along the greenbelt trail edge and within the sloped areas, height, design and treatment of all accessory structures, including decks, retaining walls, landscape design and any other development standard as determined by the Director of Planning & Building. (Planning & Building) 150. A summary of City responses to each of Developers waiver request from City Standards is contained within the following Table 1, which includes the "Approved" or "Not Approved" status of each waiver. The summary descriptions for each waiver within Table 1 are brief and the approved Tentative Map should be consulted for more complete description of the waiver requests: 5'l __,...w__.___~_~..~_ Resolution No. Page 40 of 47 WAVIER NO. Table 1 TENTATIVE MAP WAIVERS BRIEF DESCRIPTION STATUS COMMENTS I Gates on Paradise Ridge Way in the Vistas are less than 150' . Approved None from the extension of the intersecting street curb line. Gates on all of the private entry street in WR-l are less than 150' from extension of the intersecting street curb line. 6a 6b 2 Residential Street Standards as indicated on the typical street sections on sheet 2 & 14 of the Tentative Map The rear property lines in WR-I Lots 5, 6, 9-11, 14-16, 19, 26,27,32,33,35-40,42,43,45-50,52-54,57, & 58 will be located at the toe of the slope All streets within the Woods East Planning area will be constructed with beveled curb, tan in coJor Approved None 3 4 5 Streets having tangent shorter than 4 times the design speed between horizontal curves (as listed below) - Silver Oak Place between Lone Oak Court & the knuckle - Mountain Ash Lane South ofMulbeny Way - Table Rock Loop at both knuckles - Ramb1ing Vista Road at Agate Creek Way - Marble Canyon Road at knuckle - Red Rock Canyon Road at both knuckles - Old lanai Ranch Road at Blue Sage Way - Horn Canyon Avenue "Local" Sewer exceeds 12' in depth Approved None "Trunk" Sewer exceeds 20' in depth Conditionally Approved (see applicable condition in SITeets, Right-of-Way, & Public Improvements) . Approved None None Not Approved May be approved by City Engineer at the time that improvement plans are submitted for approval C-900 or C-905 pipe shall be used ITom manhole to manhole Approved 7 Street intersections within horizontal curves or within 100' * Approved None tangents of horizontal curves (as listed on sheet I of the Tentative MapOI-XX 9 Yosemite Drive south of Stone Gate Street is proposed to be * Approved None a residential class street with an anticipated ADT of 1,360. (Maximum allowed of 1,200 ADT for Residential Class SITee!.) 10 Old lanai Ranch Road between Silver Hawk Way and Blue Approved None Sage Way and south of Rambling Vista Road is a Class III Collector with centerline radius of 400 feet. (Minimum radius for a Class III Collector is 450 feet.) * The City's approval of the waiver request is contingent upon submitlal of a letter from Developer's Engineer of Work explaining that, in their professional opinion, no public safety issues will be compromised. (Engineering, Planning & Building) ')~ Resolution No. Page 41 of 47 FIRE AND BRUSH MANAGEMENT 151. Prior to approval of the first grading permit for the Project, the Developer shall have submitted and received approval by the Director of Parks and Recreation and the City's Fire Marshall of a Brush Management Program for the Project. (Fire, Parks and Recreation) 152. Prior to issuance of each Grading Permit, provide the Initial Cycle of fire management/brush clearance within lots adjacent to natural open space areas subject to approval by the Fire Marshal and Director of Parks and Recreation (Fire, Parks and Recreation) 153. Provide fire hydrants every 500 feet for single-family residential units and every 300 ft. for multi-family residential units. All hydrants shall be operable prior to delivery of combustible building materials, and minimum 20' wide, all-weather fire access roads shall also be provided or an acceptable alternative approved by the Fire Marshall and in compliance with the U.F.C. (Fire) 154. Provide sprinkler systems in all homes that are on flag lots where any portion of exterior wall of first story is located more than ISO ft. trom fire department access or as measured by local jurisdiction. (Fire) 155. Prior to issuance of the fust building permit, provide a 20 ft. wide hard surface and required fire hydrant with required water pressure to the satisfaction of the Fire Marshall. (Fire) 156. Prior to issuance of each building permit, developer shall pay Public Facility Fees at the rate in effect at the time building permits are issued. If the Permanent Fire Station has been constructed in EastLake, the Developer shall be given credit, for costs related to construction ofthe permanent fire station. (Fire) 157. Agrees to design, construct and deliver Fire Station No. 6A within the Woods Neighborhood as determined by the Fire Chief. (Fire) 158. Prior to approval of the first final map for the Woods Developer shall grant in fee to the City the property identified on the Tentative Map as Lot PQ-3 (fire station site), to the satisfaction of Fire Chief and City Engineer. Developer shall notifY the City at least 60 days prior to consideration of the first final map by City if any offsite property cannot be obtained as required by this condition of approval. After said notification, the Developer shall: a. Pay the full cost of acquiring fee title for site PQ-3 as required by the Conditions of Approval of the Tentative Map. b. Deposit with the City the estimated cost of acquiring said property. Said estimate is subject to the approval ofthe City Engineer and Fire Chief. c. Have all documents and plats prepared and appraisals complete as necessary to commence condemnation proceeding as determined by the City Engineer. 5i Resolution No. Page42of47 d. Request that the City use its powers of Eminent Domain to acquire the property needed for constructing off-site improvements or work related to the site PQ-3. The Developer shall pay all costs, both direct and indirect incurred in said acquisition. The requirements of a, b and c above shall be accomplished prior to the approval of the first final map. CODE REQillREMENTS 159. Comply with all applicable sections of the Chula Vista Municipal Code including Chapter 15.04 "Grading Ordinance" as amended. Preparation of the Final map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. (Engineering) 160. Underground all utilities within the subdivision in accordance with Municipal Code requirements to the satisfaction of the City Engineer. (Engineering) 161. 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. (Engineering) 162. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. (Engineering) 163. Comply with Chula Vista Municipal code Sections 14.04 to 14.18 and 18.54 for any work proposed within the watercourse and floodplain of Salt Creek. (Engineering) 164. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impact fee e. Salt Creek Sewer DlF f. Telegraph Canyon Pumped Sewer Basin DIF, if applicable. g. Poggi Canyon Pumped Sewer Basin DIP as may be adopted by the City in the future. Pay the amount of said fees in effect at the time of issuance of building permits (Engineering, Planning & Building) GROWTH MANAGEMENT/PUBLIC FACILITIES FINANCING PLAN (PFFP)/ PHASING 5';- Resolution No. Page 43 of 47 165. Developer shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended trom time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). (Engineering, Planning & Building) 166. Install public facilities in accordance with the EastLake III Public Facilities Finance Plan as may be amended trom time to time, or as required by the City Engineer to meet threshold standards adopted by the City ofChula Vista. The City Engineer and Director of Planning & Building may, at their discretion, modifY the sequence of improvement construction should conditions change to warrant such a revision. (Engineering, Planning & Building) 167. Developer shall develop the Project in accordance with the approved SPA and PFFP phasing plan. If the Developer proposes to modifY this approved phasing plan, the Developer shall submit to the City a revised phasing plan for review and approval prior to approval of each Final map. The PFFP and these map conditions shall be revised where necessary to reflect the revised phasing plan (Engineering, Planning & Building). 168. If multiple final maps are proposed within a planning area as set forth in the Tentative Map, the Developer shall submit and obtain approval for a development sub-phasing plan by the City Engineer and Director of Planning & Building prior to approval of the first final map for that planning area. The sub-phasing plan shall include: a. A site plan showing the lot lines and lot numbers, the phase lines and phase numbers and number of dwelling units in each sub-phase, and b. A table showing the sub-phase number, the lots included in the phase and the number of units included in each phase. Improvements, facilities and dedications to be provided with each phase shall be determined by the City Engineer and Director of Planning & Building. The City reserves the right to require 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 improvements and construction should conditions change to warrant such revision(s). (Engineering, Planning & Building) HOMEOWNERS ASSOCIATIONS (HOA)/DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS CC&Rs) 169. The Developer shall create a Master Homeowners Association ("MHOA") to own and maintain in a professional manner open space areas, medians, parkways, Salt Creek wetlands mitigation area, or any other improvement not maintained by community facilities district, the City, or other entity. The Developer shall complete the formation of the MHOA prior the first final map for the Project. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning & ~( 51.0 ...__..-_....,...-~-._- Resolution No. Page 44 of 47 Building requires such annexation of future tentative map areas. On or before 90 days following the date of Council approval of this tentative map, the developer shall submit for City's approval the CC&Rs, grant of easements, maintenance standards and responsibility of the MHOA for the Project area. The Declaration of Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted and approved by the City Engineer City Attorney, Director of Planning & Building, Director of Parks & Recreation and Director of Public Works. The CC&Rs shall include but not limited to the following obligations of the Master Homeowners Association and/or any successor in interest (herein after collectively referred to as " Master Homeowner Association (MHOA)": a. Maintain all the facilities and improvements within the open space lots offered for dedication to the City until acceptance of the open space lots for maintenance by the community facilities district. b. A requirement that the MHOA shall maintain comprehensive general liability insurance against liability incident to ownership or use of the following areas: 1. Open space lots offered for dedication to the City until acceptance by the City, H. All open space lots that shall remain private, HI. Other Master Association property. c. Before any revisions to provisions of the CC&Rs that may particularly affect the City can become effective, said revisions shall be approved by the City. The MHOA shall not seek approval trom the City of said revisions without the prior consent of 100% of the holders of first mortgages or property owners within the MHOA. d. The MHOA shall indemnifY and hold the City harmless trom any claims, demands, causes of action liability or loss related to or arising trom the maintenance activities ofthe MHOA. e. The MHOA shall not seek to be released by the City trom the maintenance obligations described herein without the prior consent of the City and 100% of the holders of first mortgages or property owners within the MHOA. f. The MHOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured. g. The CC&Rs shall incorporate restrictions for each lot adjoining open space lots containing walls maintained by the open space district to ensure that the property owners know that the walls may not be modified or supplemented nor may they encroach on City property. 57 r--.----------...-.-.~-.--. Resolution No. Page 45 of 47 h. The CC&Rs shall include provisions assuring MHOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. 1. The CC&Rs shall include provisions that provide City the right, but not the obligation, to enforce the CC&R provisions same as any owner in the Project. J. The CC&R provisions setting forth restrictions in these Tentative map conditions may not be revised at any time without prior written permission of the City. k. The MHOA shall not seek to dedicate or convey for public streets, land used for private streets without approval of 100% of all the HOA members or holders of first mortgages within the MHOA. I. The CC&Rs shall include the requirement to provide for the fair share of the cost of maintaining the existing detention basin and wetland restoration areas in the EastLake Trails. (Engineering, Planning & Building) m. CC&Rs shall include provisions establishing an HOA "to assure maintenance" of all open space areas and slopes" including long term maintenance of the Salt Creek wetland mitigation area in perpetuity, as identified in the EastLake III Woods and Vistas Conceptual Wetland Mitigation Plan, prepared by Helix Enviromnental Planning, Inc., all subject to approval by the City's Enviromnental Review Coordinator. (Environmental) n. CC&Rs shall include the requirement to provide for the following: 1. Repair and replacement of the proposed beveled curbs in the Woods. City will provide sweeping services for those streets with beveled curbs. 11. Maintenance of the landscaped parkways along those streets with beveled curbs containing detached sidewalks. 111. Maintenance of any trees planted at the back of the sidewalks of those streets where a double row of trees is proposed. City will maintain only those trees located within the public landscaped parkways. 170. Provide within the master CC&Rs for the maintenance in perpetuity of all stabilized decomposed granite (DG) areas by a Homeowners Association. All proposed stabilized decomposed granite (DG) walkways shall be ftee ffom vertical obstacles and obstructions such as public utility vaults, boxes, etc. (Engineering, Planning & Building) 171. Future property owners shall be notified during escrow by a document to be initialized by the owners of the maintenance responsibility of the HOA and their estimated annual cost. The form of said document shall be approved by the Director of Planning & Building and the S3 Resolution No. Page 46 of 47 City Engineer prior to approval of the first final map for the Project. (Engineering, Planning & Building) 172. Designate as private and maintain by a Homeowners Association all storm drain clean outs determined by the City Engineer to be in areas inaccessible for maintenance equipment. (Engineering) IX. CONSEQUENCE OF FAlLURE 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. 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, 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. It is in the public's interest for City to require EastLake to indemnifY the City against the adverse risks and costs of a challenge to City's actions in preparing and approving a second Addendum to FSEIR 01-01 and approving the Tentative Subdivision Map for EastLake III, Chula Vista Tract 01- 09 and related discretionary approvals, if any; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby approve an Agreement for Indemnification and Covenants for Actions Taken by City related to EastLake III, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City. Presented by: Approved as to form by: Robert A. Leiter Planning & Building Director John M. Kaheny City Attorney I~CJ :;, .-'. ..---...--...---.-----.----r--~-----.---.,.--- .....-...- Resolution No. Page 47 of 47 PASSED, APPROVED AND ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of August, 2001, by the following vote: AYES: Concilmembers: NAYS: Councihnembers: ABSENT: Councihnembers: ABSTAIN: Councihnembers: Shirley Horton, Mayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing Resolution No. was duly passed, approved and adopted by the City Council at a regular meeting ofthe Chula Vista City Council held on the 14th day of August, 2001. Executed this 14th day of August, 2001. Susan Bigelow, City Clerk A:\TM conditions June 12 strikeout version.doc (pO . ___.____.______.M_..____,..--____.... 'lib HI'II ~llrll'II" ~ !I!~ II Ir~~~ Ii '&0' ~![~ ;,\;,i!itl'i,' -< i>'~ ijlg I~~I . ~ ,:Iii j" ~ 1:;9! 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'60 Attachment 3 Figures/Tables '-""'-"-'-"-'- _....-'-_..._.._~._-_..._------..__...,-- ...~-,-..,._,--_.."-_.._-,,"-_._. -'p"/" / , EXISTING TERRAIN ~<>v ~, c__ ~:l\:-,'-, --. _:.-':.~-I'/~-- - - ~ . _0- -- -L':'. _ '7-~' _C~ """"'c~ C<~('.QTI"~~ r ~1 b~~('~ ~~D_ E3~- B ..-."... ~ ""_~"V_ ~~ - ./. <- ~, -- ( ( ( nl Cinti U~~~ "''''''~ FIGURE 1 ~ E'ASTLAKE III A PLANNED COMMUNITY BY EAST LAKE DEVELOPMENT CO '67 'J ~ c:il \Ob'2L'H"t::~ fl - I (r ~~\. ~ - - -- ;/--- \ '-/I --r ;( ~~ \ ROLLING HILLS~-\ \Hi: \~ RANCH \ "- ~ ~I \ l'\j_' , If} ( ";) -1 ~v , J '\~~L~' ! \;::: v' "'O~)y .,,<-'0. , 1 \h'"' I h-1 " "'" I , , I '" . iJi I fb, , \ ~-, \ // ~~ \ O(~pic PK;;;fr \ '" ~ !~ . I'?- . ? I '" I \ \ \ \ \ \ \ \ \ ~ PROJECT LOCATION OTAY RANCH LOCATOR FIGURE 2 v;; DEVELOPMENT PHASING Phasing Plan -- - Phasing Boundary 2 Phasing Sequence ~ * Park to be Phased as needed Lower Otay (refer to PFFP) Reservoir Note: The boundaries and sequence indicated are projections and may change with subsequent subdMsion and market conditions. Refer also to the adopted Public Facility Financing Plan for additional detail on fadfity implementation requirements. ~ E"ASTLAKE III A planned community by The EastLake Company (04120/0 I) On!1 Lond Planning __"".'91___ m n..J\ . - - 'P~ J..13-t}1 Exhibit 17 SPA PLAN Il.26-3 "{/1 FIGURE 3 Symbol II Definition RL1 RL2 RL3 & RL4 RE1 RE2 & RE3 RS1 R52 RP1 RP2 RC RM VC TC PQ OSlP OS CPF 05-1 SFD min. lot size 20.000 sf SFD min. lot size 13,500 sf SFD min. lot size 10,000 sf SFD min. lot size 8.000 sf SFD min. lot size 7,000 sf SFD min. lot size 6.000 sf SFD min. lot size 5.000 sf SFD min. lot size 4,200 sf SFD min. lot size 3.150 sf SFlMulti-Fam. from 8-15 du/ac Mulb-Familty> 15 du/ac Village Commercial Tourist Commercial Public and Quasi-Public Uses Open SpacelPar1< & Rec. Open Space - Passive Community Purpose Facilities Open Space (Potentia! School Parldng) ~ Lower Olay Reservoir y-' -, 1. Refer to the Planned Community Di$lrid RegulatlOl'ls lext lor complete <tefll'1ibon$ a1d ~irements 2 &u1d.-ies r:J lJInd Use I)alnd..e subjea tQ minor adjus1ment n the suWivition pnx:es.a wi!h(M lorm. lIIYIendment to thn exnibil .4i fASTLAKE III A planned community by The EastLake Company C1 D FIGURE 4 .ow ._._......_,...._..,._.._..._..._.. .__._..._.____.____.._._,. c E b OJ UIW .99 Q) ... ... "0 .... C Q) Q) CO CO 0 Q) E .... C OJ Q) .... >.- - ~ Q) Q)~"o 0"0 .... -OJQ) ~Q) Q) ~ CO ... 0.- Ec .- c () ...... 0 () .- .- "0;; E Q) Q)~;; .... c: Q.ro(/) CO 0 ro .... (f) Q. ~ o () IS crt FIGURE 5 :c: "' w '" Circulation >- '" . .. '" ~. 0 '" .~ .. ~ , u ~ 0 . .c ~ , <II Description ;; :J .!? >- ~ 0- 2 . , 0 ~ c co 0 E E "'~ >- '0 . 0 0 <II E 0 0 a. 10 . vz '" > " " . ii' . ,. a. va. A 6 Lane Prime (Olay lakes Road) 4 Lane Major B (Hunte Parkway, Proctor Valley Road, and 01 mpic Parkway) C Modified Class 11/ Residential Collector DID~1 Modified Class 11/ Residential Conector E Modified Class III Residential Collector E-1 Modified Class III Residential Collector F Modified Class III ResIdential Collector F.1 Modified Class III Residential Collector G Modified Class III Residential Collector H Modified Residential Street I Modified Residential Street J Modified Class lit Residential Conector K Modified Crass III Residential Colleclor L Modified Class III Residential Collector M Modified Residential Collector N Modified Residential Street o Modified Class 1/1 Residential Collector P Modified Residential Street Q Modified Residential Street R Residential Street S Pri. Common Hammerhead Dr. T Internal Streets & Drives refer to sections refer to sections 101' 76' P 625' 40' PIC 62.5' 40' P 65' 40' P 785' 56' P 79' 54' P 65' 40' P 60' 28' P 68.5 28' P 85' 54' P 70' 54' C 82' 54' P 62' 34' P 62.5' 40' PI 69.5' 44' CIP 59' 34' P 56' 36' P 56' 36' C 40' 20' NA per Site Plan Note: Transitions 01 street classification changes (Of to existing roads) and phasing of improvements to be delermlned at Tentative Map stage ~E"ASTLAKE III A planned community by The EastLake Company Lower Dtay Reservoir !'.' j 6 Lane Prime Arterial 4 Lane Major Arterial - - - - - Class III Residential Collector ..... ... .... Residential Street Note: Refer to Sections for Modifications '1d- FIGURE 6 CIRCULA nON Trails Plan o *** 11' City Greenbelt Trail ..... 5'-10' (as noted) HOAWalk . . . _ On-street Bike Lanes City Greenbelt Signing .+. . @ * HOA Trail Signing Trail Street Crossing View Point Note; Not all trails and walks are shown. Refer also to Street Sections for additional trail and walk details. The trails indicated are subject to refinement during the subdivision process. Lower Otay Reservoir Source: ONA Inc., 56&0, Inc. & Cinti Land Planning ~ fASTLAKE III A planned community by The EastLake Company Exhibit 13 On!1 Land Planning --'='..,..-- r-n ruI ~ - ... ,-~~ 4-4-01 /3 (05/01/0 I) Il.2.3-14 FIGURE 7 PHASE 1 - Residential sub- No. Min lot Average Min Lot No. of Dwelling % of Phase Neig. of lots size lot size Dimension Units Total No. of in sq. ft. in sq.ft. Units (1048) WR-1 64 22,000 39,239 N/A 64 6% WR-3 77 10,000 14,665 95'X 110' 77 7% WR-4 140 7,000 11,003 70' X 105' 140 13% WR-6 135 4,200 5,611 42' X 90' 135 13% WR-7 119 3,150 3,789 45' X 70' 119 11% VR-4 82 6,000 8,975 60' X 100' 82 8% VR-5 62 5,000 8,535 50' X 100' 62 6% VR-6 131 5,000 6,667 50' X 100' 130 13% VR-10 1 N/A N/A N/A N/A (116)* 11% VR-11 1 N/A N/A N/A N/A (123)* 12% Total 811 809 (239)' 100% Phase Total 1048 Phase 1 Residential Non- Parcel No. Acreage 05-1 1.1 ac 05-2 12.73 ac 05-3 61.9 ac 05-6 1.52 ac PQ-1 15.6 ac PQ-2 25.49 ac PQ-3 1.18 ac P-1 **12.87 ac** P-2 2.47 ac CPF-1 4.01 ac CP-2 8.91 ac *** Note: Phasing of the community park (P-I) will be described in the conditions of approval for the tentative map and as described in the PFFP. cry TABLEIA PHASE 2 - Residential sub- No. Min lot Average Min Lot No. of Dwelling % of Phase Neig. of lots size lot size Dimension Units Total No. of in sq. ft. in sq.ft. Units (1004) WR-2 57 13,500 17,536 7,115'X120' 57 6% WR-5 71 8,000 11,418 80' X 105' 71 7% VR-1 56 10,000 13,758 95' X 110' 56 6% VR-2 68 7,000 9,792 70' X 105' 68 7% VR-3 115 7,000 8,708 65' X 108' 115 11% VR-7 96 4,200 5,903 42' X 90' 96 10% VR-8 168 3,150 4,323 45' X 70' 168 17% VR-9 1 N/A N/A N/A N/A (73)* 7% VR-12 1 N/A N/A N/A N/A (300)* Total 633 631 (373)* 100% Phase total 1 004 Phase 2 Non- Residential Parcel No. Acreage 08-5 3.78 ac Phase 3 - Commercial/Non-residential Parcel No, Acreage C-1 12.55 ac C-2 18.28 ac 08-4 12.23 ac 08-7 2.49 ac Total 45.55 ac qs- TABLEIB Attachment 4 FSEIR 01-01 second Addendum l~ SECOND ADDENDUM TO THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT FOR THE EASTLAKE III WOODS AND VISTAS REPLANNING PROGRAM EIR-01-0I SCH #2000071019 PROJECT NAME: EastLake III Woods and Vistas Tentative Map PROJECT LOCATION: EastLake Master Planned Community City ofChula Vista PROJECT APPLICANT: The EastLake Company DATE: July 18,2001 I. INTRODUCTION This addendum has been prepared to address the Tentative Subdivision Map application for EastLake III Woods and Vistas. As the lead agency for the Project under the California Environmental Quality Act ("CEQA") (Pub. Resources Code, ~ 21000 et seq,), the City of Chula Vista ("City") prepared and conducted an enviromnental analysis (EIR 01-01) of the EastLake III Project. On July 17, 2001 the City Council considered and certified FSEIR 01-01 and approved the Project. The Tentative Map is in substantial conformance with the conceptual tentative map and grading plans on which the FSEIR analysis was based and therefore approval and implementation of the Tentative Map does not change the basic conclusions of the FSEIR. u. CEQA REQUIREMENTS Sections 15162 through 15164 of the CEQA Guidelines discuss a lead agency's responsibilities in handling new information that was not included in a project's final enviromnental impact report ("EIR"). Section 15162 of the CEQA Guidelines provides: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: '17 (b) 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant enviromnental effects or a substantial increase in the severity of previously identified significant effects; or New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the [Final] EIR; (B) Significant effects previously examined will be substantially more severe than shown in the [Final] EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the [Final] EIR would substantially reduce one or more significant effects on the enviromnent, but the project proponents decline to adopt the mitigation measure or alternative. 2, 3, In the event that one of these conditions would require preparation of a subsequent EIR but "only minor additions or changes would be necessary to make the [Final] EIR adequately apply to the project in the changed situation," the lead agency could choose instead to issue a supplement to the Final EIR. (CEQA Guidelines, 9 15163, subd. (a).) Thus, the City must consider under the standards articulated above whether there will be previously undisclosed significant environmental impacts or a substantial increase in the severity of previously disclosed impacts, if the Project is implemented according to the proposed Tentative Map (CEQA Guidelines, 9915162,15163,15164, subd. (a).) As the discussion below demonstrates, implementing the Project according to the proposed Tentative Map will result in no new impacts, or no more severe impacts, than any that were disclosed in FSEIR 01-01. Therefore, it is appropriate for the City to prepare an addendum pursuant to CEQA Guidelines, 9 15164, That section states that an addendum should include a "brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162" and that the explanation needs to be supported by substantial evidence. (CEQA Guidelines, 9 15164, subd, (e).) The addendum need not be circulated for public review but may simply bc attached to the Final EIR. (Ibid,; CEQA Guidelines, 9 15164, subd. (c).) If Therefore, in accordance with Section 15164 of the CEQA Guidelines, the City has prepared the following Addendum to FSEIR 01-01. III. PROJECT SETTING The Project area is located east of SR-125 generally between Proctor Valley Road on the north and Olympic Parkway to the south. The previously approved communities of EastLake Greens and EastLake Trails are located directly to the west of the Project site. The two proposed EastLake III residential neighborhoods, EastLake Woods and EastLake Vistas, are adjacent to the western edge of Upper and Lower Otay Reservoirs, respectively. Existing roadways in the VIC1ll1ty of the proposed Project include East H Street, Telegraph Canyon Road/Otay Lakes Road, Olympic Parkway, Hunte Parkway, Wueste Road, and Interstate 805. Otay Lakes Road forms the border between the Woods and the Vistas. East H Street traverses the northern boundary of the Project area and Telegraph Canyon Road/Otay Lakes Road provides east-west access through the northern portions of the Project area. Olympic Parkway provides direct access into the Project area and Hunte Parkway traverses between the eastern and western portions of the Woods neighborhood. Wueste Road forms the eastern border of the proposed Vistas neighborhood and I-80S is a north-south freeway, which originates in South County and terminates at its connection with the 1-5 ffeeway. Local interchanges in the Project vicinity are at Olympic Parkway, Telegraph Canyon Road, and East H Street. IV. PROJECT DESCRIPTION Approval of a Tentative Subdivision Map (TM), known as EastLake III, Chula Vista Tract 01-09, to subdivide and develop 748.3 vacant acres. The proposed TM consists of 1,444 single family lots and 4 super lots with capacity for 612 dwelling units. The TM also includes 7 open space lots, a 12.8-acre community park site, 2 school sites, 12.9 acres of Community Purpose Facilities (CPF) sites, 2 commercial sites and several specialty lots (i.e. slopes, and landscape buffer areas). Approval of the TM would continue the implementation of the EastLake III Replanning Program as previously analyzed in FSE1R 01-01. V. COMPATIBILITY WITH ZONING AND PLANS The Tentative Map is in substantial conformance with the conceptual plans in the EastLake III FSEIR which were found to be consistent with applicable zoning and plans (as amended where appropriate) (See Chapter 4,1, Land Use in the FSEIR). Therefore, the Project Tentative Map is considered compatible with applicable zoning and plans in the City of Chula Vista. '1'1 VI. IDENTIFICATION OF ENVIRONMENTAL EFFECTS An Initial Study conducted by the City of Chula Vista (including the attached Enviromnental Checklist form) determined that approval and implementation of the Project Tentative Maps would not result in any additional significant enviromnental effects beyond those previously covered under FSEIR -01-01. VII. ANALYSIS A summary analysis of the conclusions ffom the Initial Study is provided below for the major environmental topics of land use, landform alteration and visual quality, traffic, and hydrology and water quality. The proposed TM shows the same land use designations as presented in the FSEIR 01- 01, including single-and multi-family residential, commercial, park, public/quasi-public, greenbelt trails, wetland mitigation area, detention basins, Otay Tarplant preserve, open space, and community purpose facility (CPF) uses, As discussed below, there are minor refinements in the acreages shown for the CPF use, parks, schools, and commercial use between the proposed TM and the SPA Plan. These minor changes would not change the analysis and conclusions presented in FSEIR 01-01. TM is in substantial conformance with the conceptual plans analyzed in FSEIR 01-01 and thus does not alter the basic Project description presented therein. Land Use The Tentative Map (TM) shows the same land use designations as presented in the FSEIR, including residential, commercial, park, public/quasi-public, greenbelt trails, wetland mitigation area, Otay Tarplant preserve, open space, and community purpose facility (CPF) uses. There are minor differences in the acreages shown for the CPF use, parks, schools, and commercial use between the proposed TM and the SPA Plan. However, these differences do not represent significant changes and would not affect the impact and mitigation conclusions presented in the previous FSEIR. Each of these refinements is discussed below: . The proposed TM shows two Community Purpose Facilities (CPFl at 4,01 acres and CPF2 at 8.9 acres) in the Vistas while the conceptual SPA Plan Site Utilization Plan in the FSEIR designated one 1O.8-acre CPF site. The proposed 2.2-acre increase in CPF designated land use is minor and is not considered a substantial change. The proposed minor change is in substantial conformance with the conceptual TM and does not alter the impact analysis and conclusions of the previous FSEIR, Therefore, no additional impacts would result ftom the proposed 2.2-acre increase in CPF site and no additional mitigation measures would be required. ITJt -"~-----+,_..~.-. -_._--_.~._--- . The TM also designates a 12.87-acre community park in the Vistas while the SPA Plan in the FSEIR designated a 13.5-acre park, resulting in a 0.63-acre reduction in parks, This refinement in the size of the community park is consistent with the net usable acreage required by the Park and Recreation Department and satisfies the mitigation requirements shown in the EastLake III Final SEIR. Therefore, no additional impacts would result from the proposed 0.63-acre reduction in parkland and no additional mitigation measures would be required. . The elementary school and junior high school sites in the Woods are designated for 15.6 acres and 25.49 acres respectively on the Tentative Map, while in the SPA Plan the school sites are designated for 14.3 acres and 24.8 acres respectively, This 2-acre increase in the total school acreage within the Woods is not considered a substantial change because it does not alter the impact analysis and conclusions of the FSEIR. Therefore, no additional impacts would result ffom the proposed 2-acre increase in total school acreage and no additional mitigation measures would be required, . The commercial sites, C-l and C-2 are designated for 12.2 and 18.4 acres respectively in the conceptual SPA Plan in the FSEIR while the Tentative Map designates C-l for 12.55 acres and C-2 for 18,28 acres. This 0.23-acre increase is a minor increase, which is in substantial conformance with FSEIR 01-01. This change in insignificant and does not alter the analysis or conclusions presented in the previous FSEIR. Therefore, no additional impacts would result ffom the proposed O,23-acre increase in commercial area and no additional mitigation measures would be required. In addition, the proposed TM shows 1,444 single family residential lots which is five units less than the 1,449 shown in the SPA Plan and conceptual TM and grading plan in FSEIR 01-01. This decrease in single-family lots does not represent a substantial change between the proposed TM and the conceptual TM and grading plan analyzed in FSEIR 01-01. The decrease in units does not result in any additional impacts than those analyzed in the previous FSEIR. The proposed TM also shows one lot designated for single and multi-family housing and three lots designated for multi-family housing. These lots are also consistent with the locations shown in the SPA Plan and conceptual TM and grading plans. Thus, the proposed TM would accommodate approximately the same number of dwelling units on similar acreage as analyzed in FSEIR 01-01. Also, consistent with the analysis in FSEIR 01-01, the proposed TM shows a greenbelt and community trail alignment, open space to accommodate the Otay Tarplant preserve and a wetlands mitigation area, 10 I Landform AlterationiVisual Quality The TM shows the same project boundaries and grading footprint associated with the land uses as presented in the previous FSEIR grading concept plan. Additionally, the grading contours, including maximum slope heights of 90 feet and slope ratios of a maximum of2:1 are consistent with what was analyzed in the previous FSEIR as are the approximate cut and fill quantities. Thus, the landform alteration and impacts to visual quality anticipated in the previous FSEIR are in substantial conformance with what is presented on the proposed TM. No additional impacts would result from the proposed TM and no additional mitigation measures would be required. Traffic The proposed TM does not show an increase in dwelling units ffom what is presented in the previous FSEIR; therefore approval of the TM would not result in additional ADT volumes beyond what was anticipated in the previous FSEIR analysis, The circulation plan presented on the proposed TM is also in substantial conformance with what is presented the previous FSEIR with respect to project roadways and access. No additional impacts would result ffom the proposed TM and no additional mitigation measures would be required. Hydrology and Water Quality The proposed TM reflects the on-site drainage features required in the previous FSEIR to mitigate hydrology and water quality impacts. These features include the detailed storm drain system, detention basins and wetland mitigation areas in the Woods, and infiltration basins as proposed in the FSEIR. No additional impacts would result ffom the proposed TM and no additional mitigation measures would be required. VIII. CONCLUSION Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above discussion, I hereby find that approval and implementation of the project tentative map will result in only minor technical changes or additions which are necessary to make FSEIR-01-01 adequate under CEQA. Marilyn R.F, Pons gi, Enviromnental Review Coor fjtlo ~ ~ REFERENCES EastLake Woods and Vistas Replanning Program FSEIR-Ol-Ol, June 2001 !lj 2- Case No.IS 01-057 ENVIRONMENTAL CHECKLIST FORM 1. Name of Proponent: The EastLake Company 2. Lead Agency Name and Address: City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Nnmber of Proponent: 900 Lane Avenue, Suite 100 Chula Vista, CA 91914 4. Name of Proposal: EastLake Woods & Vistas Tentative Subdivision Map 5. Date of Checklist: July 18, 200 I Potentially Significant Impact Potentially Significant Unless Mitigated Lesstban Significant Impact No Impact I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? ./ ./ b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations (e.g., impacts to soils or fanTIlands, or impacts from incompatible land uses)? ./ ./ d) Disrupt or divide the physical arrangement of an established community (including a low- income or minority community)? ./ Comments: The proposed Tentative Map (TM) is in substantial confonTIance to the conceptual TM and grading plans used in the impact analysis for the EastLake Woods and Vistas Replanning Program Environmenta] Impact Report (EIR) 01-0 I with respect to land use and planning issues, The proposed TM shows the same land use designations as presented in the previous FSEIR, including residential, commercial, park, public/quasi-public, greenbelt trails, wetland mitigation area, Otay Tarplant preserve, open space, and community purpose facility (CPF) uses, There are minOT differences in the acreages shown for the CPF use, parks, schools, and commercial use between the proposed TM and the SPA Plan. However, these differences do not represent significant changes and would not affect the impact and mitigation conclusions presented in the previous FSEIR. Plan designations and zoning on the proposed TM reflects the proposed land uses in the previous FSEIR and any inconsistencies with the General Plan were addressed through proposed amendments in / 7) 3 Page - 1 . ----.-"...---,--.---. ..-.----,--.-. FSEIR. Other issues related to land use compatibility, consistency with adopted plans, and conversion of former agricultural land to an urban use were also previously addressed in EIRs including the original Master EIR for EastLake (EIR 81-3), the EastLake III Olympic Training Center EIR (EIR 89-9) and the EastLake Woods and Vistas Replanning Program (ErR 01-01). Mitigation: No mitigation measures are required. II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? b) Induce substantial growth in an area either directly or indirectly (e,g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? Potentially Significant Impact Potentially Significant Unless Mitigated No Impact Less than Significant Impact 0/ 0/ 0/ Comments: The proposed TM is in substantial conformance with the FSEIR 01-01 with respect to proposed dwelling units and inffastructure required to serve the project. Project . implementation would accommodate expected growth according to city and regional population projections by assisting the City's ability to meet housing needs. Implementation of the proposed project would likely have some growth inducing impacts on undeveloped land in the project vicinity as well as encourage any potential adjacent developments to occur sooner than would otherwise take place without the project. However, FSEIR 01-01 concluded that because much of the surrounding land was zoned for urban growth, the development of EastLake III would not conflict with the City ofChula Vista's goals for accommodating and directing growth. The proposed TM is consistent with the conceptual TM and grading plan analyzed in the previous FSEIR. The proposed TM does not result in any additional impacts than those identified in the previous FSEIR and no additional mitigation is necessary, Mitigation: No mitigation measures are required. III. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Unstable earth conditions or changes in geologic substructures? b) Disruptions, displacements, compaction or overcovering of the soil? c) Change in topography or ground surface relief features? d) The destruction, covering or modification of any unique geologic or physical features? e) Any increase in wind or water erosion of soils, either on or off the site? IDY Page - 2 Potentially Significant Impact Potentially Significant Unless Mitigated No Impact Less than Significant Impact 0/ 0/ ./ 0/ 0/ .,' _~~._ +._,.~.__ . _, _._.___.__d~'_'._~_.'_'__"__""_ f) Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion, which may modify the channel of a river or stream or the bed of the ocean or any bay inlet or lake? g) Exposure of people or property to geologic hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? ,/ ,/ Comments: The proposed TM does not result in any additional geophysical changes. The TM is in substantial conformance to the conceptual TM and grading maps used in the environmental impact analysis for FSEIR 01-01 and the data used in the Geotechnical Investigation (Geotechnics, Incorporated) for the previous FSEIR is also valid for the proposed TM. Therefore, the geologic and soil issues for the subject site were adequately addressed in the previous FSEIR and approval of the TM would not result in impacts beyond what was described in the previous FSEIR and no additional mitigation is necessary. .Mitigation: No mitigation measures are required. IV. WATER. Would the proposal result in: Potentially Sigoificaot Impact Potentially Significant Unless Mitigated Less than Significant Impact ,/ No Impact a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? b) Exposure of people or property to water related hazards such as flooding or tidal waves? c) Discharge into surface waters or other alteration of surface water quality (e,g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any water body? ,/ ,/ ,/ e) Changes in currents, or the course of direction of water movements, in either marine or rresh waters? ,/ f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? ,/ g) Altered direction or rate of flow of groundwater? ,/ h) Impacts to groundwater quality? i) Alterations to the course or flow of flood waters? ,/ ,/ 10<) ,/ Page - 3 j) Substantial reduction in the amount of water otherwise available for public water supplies? Comments: The proposed TM does not result in any additional impacts to water because the criteria for determining storm water run-off volume is based upon area, which pas not changed ffom the conceptual TM and grading plans used in the previous EIR analysis. The proposed TM reflects the on-site drainage features required in the previous FSEIR to mitigate hydrology and water quality impacts. These features include the detailed storm drain system, detention basins and wetland mitigation areas in the Woods, and infiltration basins as proposed in the FSEIR. No modifications were made to the tentative map that would invalidate the drainage and detention study (SB&O, Inc.) upon which much of the hydrological and water quality analysis for the previous FSEIR was based. Therefore, the conclusions of the water quality and hydrology analysis previously addressed in FSEIR 01-01 remain unchanged and approval of the TM would not result in impacts beyond what was described therein, Mitigation: No mitigation measures are required. v. AIR QUALITY. Would the proposal: Potentially Significant Impact Potentially Significant Unless Mitigated Lesstban Significant Impact ,/ No Impact a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? ,/ c) Alter air movement, moisture, or temperature, or cause any change in climate, either locally or regionally? d) Create objectionable odors? ,/ ,/ e) Create a substantial increase in stationary or non-stationary sources of air emissions or the deterioration of ambient air quality? Comments: The proposed TM is consistent with the conceptual maps used in the environmental impact analysis in FSEIR 01-01 with respect to proposed land uses, dwelling unit counts and associated construction activities and trip generation. Therefore, approval of the proposed TM would not result in additional impacts to air quality beyond those previously addressed in the FSEIR 01-01. ,/ Mitigation: No mitigation measures are required. VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? Potentially Significant Impact Potentially Significant Unless Mitigated Lesstban Significant Impact No Impact ,/ b) Hazards to safety ftom design features (e,g., IDb Page - 4 ,/ sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to nearby uses? ./ d) Insufficient parking capacity on-site or off-site? e) Hazards or barriers for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? h) A "large project" under the Congestion Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) Comments: The proposed TM is consistent with the conceptual TM and grading plans used in the environmental impact analysis in the FSEIR 01-0 I with respect to proposed land uses, dwelling unit counts and associated trip generation, which were used in preparing the traffic analysis (Linscott, Law and Greenspan) for the EIR. Changes are not proposed in project design that would increase dwelling unit count, alter emergency access, parking, public transportation opportunities or create hazards. Therefore no additional traffic impacts beyond those already addressed in the previous FSEIR would result from approval of the proposed TM. ./ ./ ./ ./ ./ Mitigation: No mitigation measures are required. VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, sensitive species, species of concern or species that are candidates for listing? b) Locally designated species (e.g., heritage trees)? Potentially Significant Impact Potentially Significant Unless Mitigated Lesstban Significant Impact No Impact ./ ./ c) Locally designated natural communities (e.g., oak forest, coastal habitat, etc,)? ./ d) Wetland habitat (e.g., marsh, riparian and vernal pool)? e) Wildlife dispersal or migration corridors? f) Affect regional habitat preservation planning efforts? ./ ./ ./ Comments: Impacts to biological resources as a result of development of the project area were previously analyzed in FSEIR 01-0 I. The proposed TM project boundaries and land use 10) Page - 5 distribution and intensity are substantially the same as in the conceptual TM and grading plans on which the biological resources analysis was based in the previous FSEIR, Therefore, the impact conclusions related to biological impacts for the proposed TM are the same as those in FSEIR 01-01. Mitigation: No mitigation measures are required. VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? b) Use non-renewable resources in a wasteful and inefficient manner? Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant Impact No Impact ,/ ,/ c) If the site is designated for mineral resource protection, will this project impact this protection? ,/ Comments: Impacts to gas, electricity, and energy were adequately addressed in the previous FSEIR 01- o I. Approval of the TM does not result in any new impacts to energy and mineral resources, Development of the site is subject to compliance with Energy Requirements ofthe Unifonn Building Code and therefore, should not result in the use of non-renewable resources in a wasteful and inefficient manner. No portions of the site are designated for mineral resource protection. Mitigation: No mitigation measures are required. IX. HAZARDS. Would the proposal involve: Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant Impact ,/ No Impact a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency response plan or emergency evacuation plan? ,/ c) The creation of any health hazard or potential health hazard? ,/ d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? ,/ ,/ Comments: Approval of the TM would allow construction of a predominantly residential development that does not involve the use of hazardous substances. The proposed TM is in substantial confonnance with the conceptual TM and grading plans used in the environmental impact analysis in FSEIR 01-01 which concluded that the project would not increase the risk of hazards or interference with an emergency response or evacuation plan. Therefore, approval of the TM will not result in the exposure of the public to lOr Page - 6 potential health or safety hazards beyond those previously identified in FSEIR 01-01. Mitigation: No mitigation measures are required, x. NOISE. Would the proposal result in: Potentially Significant Impact Potentially Significant Unless Mitigated Lenihan Significant Impact '" N. Impacl a) Increases in existing noise levels? b) Exposure of people to severe noise levels? '" Comments: The proposed TM is in substantial conformance to the conceptual TM and grading maps used in the noise analysis for FSEIR 01-01 with respect to factors affecting noise impacts including land use, location of sensitive receptors, layout of internal and external roadways, and construction activities. The proposed project would not result in any additional noise impacts beyond those already adequately addressed in the previous FSElR. Mitigation: No mitigation measures are required. XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a needfor new or altered government services in any of tlie following areas: a) Fire protection? b) Police protection? Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant Impact N. Impact '" c) Schools? d) Maintenance of public facilities, including roads? '" '" e) Other governmental services? Comments: The TM is in substantial conformance to the concept TM and grading plans used in the environmental impact analysis for FSElR 01-01. Therefore, approval of the TM would not result in any additional impacts to publiclgovernmental services beyond those previously identified and addressed in FSEIR 01-01. The proposed TM, like the conceptual TM and grading plans in the previous FSEIR, shows proposed sites for an elementary and middle school as well as a fire station which would provide services to the project area as well as other nearby neighborhoods. '" Mitigation: No mitigation measures are required. Potentially Significant Impact Potentially Significant Unless Mitigated Less Ihan Significant Impact N. Impact XII. Thresholds. Will the proposal adversely impact the City's Threshold Standards? As described below, the proposed project does not adversely impact any of the City's Threshold Standards, ( O( Page - 7 ._.~.____.,.."....__,_" ..'_" __"___'0'___ __M'___"'_'_"___'__'~_' Potel1tiaJly Significant Impact Potentially Significant Unless Mitigated Less than Significant Impact ,/ N, Impact a) Fire/EMS The threshold standards require properly equipped and staffed fire and medical units to respond to calls throughout the City within seven minutes for 85 percent of the cases. During the 2000 calendar year reporting period, the Fire Department responded to 79 percent of emergency calls within 7 minutes, compared with the 85 percent requirement in the threshold standard. Thus, the Fire Department currently fails to meet the threshold standards established for response time. Comments: As population growth in the service area warrants, Fire Station No. 6 would be constructed within the Woods neighborhood and Fire Station No.8 would be constructed in the Rolling Hills Ranch and Salt Creek service area. These stations would help ensure adequate service within the requirements of the City's Quality of Life Threshold Standards. The proposed TM is in substantial confonnance with the conceptual TM and grading plans in FSEIR-OI-OI and therefore the impact analysis and subsequent conclusions are consistent with and applicable to the approval of the proposed TM. Adoption of the proposed Tentative Map would not create any impacts to fire/EMS services beyond those already adequately addressed in the EIR. . Mitigation: No mitigation measures are required. Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant Impact ,/ N, Impact b) Police For emergency response, police units must respond to 84 percent of Priority One emergency calls within seven minutes and maintain an average response time of 4.5 minutes or less. For Priority Two Urgent calls the police units must respond to 62 percent of the calls within seven minutes with an average response time to all Priority Two calls within seven minutes or less. The GMOC 1999 Annual Report reported that the Police Department responded to 70.9 percent of Priority I emergency calls within 7 minutes as opposed to the 84 percent response required by the threshold standard, The average Priority I call response time was 5:50 minutes compared to the 4:30 minute threshold time. The Police Department responded to 45.8 percent of Priority II urgent calls within 7 minutes compared to the 62 percent response required by the threshold. The average Priority II call response time was 9:35 minutes compared to the 7:00 minute threshold time. Thus, the Chula Vista Police Department is not meeting the threshold standard for Priority One and Priority Two calls. Comments: The proposed TM is in substantial confonnance with the conceptual TM and grading plans in FSEIR-Ol-OI and therefore the impact analysis and subsequent conclusions are consistent with and applicable to approval of the proposed TM. Approval ofthe proposed TM would not result in a greater impact to response time or create any other impacts to police services beyond those already adequately addressed in the previous FSEIR. Mitigation: No mitigation measures are required. //6 Page - 8 _ ...._....__..'.m____ Potentially Significant Impact Potentially Significant Unless Mitigated Lesstban Significant Impact ./ No Impact c) Traffic I. City-wide: Maintain LOS" C" or better as measured by observed average travel speed on all signalized arterial segments except that during peak hours a LOS "D" can occur for no more than any two hours of the day. 2. West of 1-805: Those signalized intersections which do not meet the standard above may continue to operate at their current 1991 LOS, but shall not worsen. Comments: Traffic impacts associated with the development of the project area were previously analyzed in FSErR 01-0 I. The proposed TM is in substantial conformance to the conceptual TM and grading plans in the previous FSEIR, including proposed land uses and dwelling unit counts, which were used in preparing the traffic analysis (Linscott, Law and Greenspan) for the FSEIR, The results of the traffic analysis indicate that unacceptable LOS would result under near- and long-term cumulative conditions with implementation of the proposed project and appropriate mitigation measures were incorporated. The proposed TM would not result in any impacts beyond those already adequately addressed in the ErR and no additional mitigation is necessary. Mitigation: No mitigation measures are required. Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant Impact ./ No Impact d) Parks/Recreation The threshold standard for parks and recreation establishes a population ratio, which requires that three (3) acres of neighborhood and community parkland with appropriate facilities shall be provided per 1,000 residents east of the I-80S. This threshold standard was met during the 1 999-reporting year. Comments: The conceptual TM and grading plans in FSEIR 0 1-0 1 include a 1,7 -acre private recreation area in the southeastern section of the Woods neighborhood adjacent to the proposed fire station site and a 13.5-acre public park located along the eastern boundary of the Vistas overlooking the Lower Otay Reservoir. FSEIR 01-01 concluded that the proposed project would provide adequate park and recreation facilities and open space for EastLake III and surrounding communities, and compliance with the City ofChula Vista's local parkland requirements as set forth by the City Parkland Dedication Ordinance. The proposed TM is in substantial conformance with the concept plans in the previous FSEIR and therefore would not result in any additional impacts to parks, recreation, and open space beyond those already adequately addressed in the EIR. Mitigation: No mitigation measures are required. Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant Impact No Impact e) Drainage ./ The threshold standard requires that (1) Storm water flows and volumes shall /1/ Page - 9 not exceed City Engineering Standards and (2) The GMOC shall annually review the performance of the City's storm drain system to determine its ability to meet the threshold standard goals and objectives. During the 1999 reporting year this threshold standard was met, Comments: The TM is in substantial conformance with the conceptual TM and grading plans in FSEIR 01-01 with respect to the storm drain system and other stormwater apparatus such as the design and location of the detention basins. Therefore, the TM does not change the drainage patterns and storm water discharge volumes and the conclusions of the drainage analysis in the previous FSEIR remain unchanged, No additional impacts would result with the approval of the proposed TM beyond those previously addressed in the FSEIR and the established City threshold would be met. Mitigation: No mitigation measures are required. Potentially SlgoiOc3DI Impact Potentially Significant Unless Mitigated Lesstban Significant Impact N. Impact ./ f) Sewer The threshold standard requires that sewage flows and volumes shall not exceed City Engineering Standards. The threshold standard for sewers was met during the 1999 GMOC reporting year. Comments: The analysis in the Preliminary On-Site Sewer Study for East Lake III Woods and Vistas (SB&O) was based on sewage generation rates for proposed land uses and dwelling unit counts, which are consistent between the FSEIR 01-01 conceptual plans and the proposed Tentative Map. The previous FSEIR concluded that compliance with the phased sewer inftastructure improvements would ensure that the threshold standard for sewage capacity would be met. Approval of the Tentative Map does not change that conclusion because no impacts beyond those addressed in the previous FSEIR would result from approval of the Tentative Map. Mitigation: No mitigation measures are required, Potentially Significant Impact Potentially Significant Unless Mitigated Lesstban Significant Impact N. Impact ./ g) Water The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. The threshold standard for water was met during the 1999 reporting year. Applicants may also be required to participate in whatever water conservation or fee off-set program the City ofChula Vista has in effect at the time of building permit issuance. II~ Page - 10 Comments: The Subarea Water Master Plan for EastLake III (Powell and Associates) generated water consumption projections used in the previous FSEIR 0 I-a I analysis based on proposed land uses and dwelling unit counts. The proposed TM is in substantial conformance with the conceptual plans in FSEIR 01-0 I, which would result in consistent water consumption projections. Therefore approval of the Tentative Map would not result in the need for additional storage, treatment, and lor transmission facilities beyond what is discussed in the previous FSEIR. Mitigation: No mitigation measures are required. XIII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas? Potentially Significant Impact Potentially Sigoifh:anC Unless Mitigated Lesstban Significant Impact No Impact ./ ./ b) Communications systems? c) Local or regional water treatment or distribution facilities? ./ ./ d) Sewer or septic tanks? e) Storm water drainage? ./ f) Solid waste disposal? Comments: The proposed TM is in substantial conformance with the conceptual TM and grading plans in FSEIR 01-01 and would not result in the need for additional utilities and service systems beyond what is addressed in the previous FSEIR. ./ Mitigation: No mitigation measures are required, XIV. AESTHETICS. Would the proposal: Potentially Significant Impact Potentially Significant Unless Mitigated Lesstban Significant Impact No Impact a) Obstruct any scenic vista or view open to the public or will the proposal result in the creation of an aesthetically offensive site open to public view? ./ b) Cause the destruction or modification of a scenic route? ./ c) Have a demonstrable negative aesthetic effect? .,/ d) Create added light or glare sources that could increase the level of sky glow in an area or cause this project to fail to comply with Section 19.66,100 of the Chula Vista Municipal Code, Title 19? ./ e) Produce an additional amount of spill light? ./ Comments: The proposed TM shows the same project boundaries and grading footprint (/3 Page - 11 associated with the land uses as presented in the previous FSEIR grading concept plans. Additionally, the grading contours, including maximum slope heights of90 feet and slope ratios of a maximum of2: 1 are consistent with what was proposed in the FSEIR 01-01 as are the approximate cut and fill quantities. Thus, the landform alteration and impacts to visual quality anticipated in the previous FSEIR are in substantial conformance with what is presented on the proposed TM and would therefore not result in any new or increased aesthetic impacts beyond what is addressed therein. Mitigation: No mitigation measures are required. CULTURAL RESOURCES. Would the proposal: Potentially Significant Impact Potentially Significant Unless Mitigated Lesstban Significant Impact No Impact ./ a) Will the proposal result in the alteration of or the destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? ./ ./ d) Will the proposal restrict existing religious or sacred uses within the potential impact area? e) Is the area identified on the City's General Plan EIR as an area of high potential for archeological resources? ./ ./ Comments: The proposed Tentative Map is in substantial conformance to the conceptual plans in FSEIR 01-01 with respect to land uses, including distribution and intensity, and would therefore not result in any new or increased cultural impacts beyond what is addressed in the previous FSEIR. Mitigation: No mitigation measures are required. Potentially Significant Impact Potentially Significant Unless Mitigated Lesslhan Significant Impact No Impact XV. PALEONTOLOGICAL RESOURCES. Will the proposal result in the alteration of or the destruction of paleontological resources? Comments: The proposed Tentative Map is in substantial conformance to the conceptual plans in FSEIR 01-01 with respect to land uses, including distribution and intensity, and would therefore not result in any new or increased paleontological impacts beyond what is addressed in the previous FSEIR, Mitigation: No mitigation measures are required, //'1 Page-I2 XVI. RECREATION. Would the proposal: Potentially Significant Impact Potentially Significant Unless Mitigated Lesslhao Significant Impact No Impact ,/ a) Increase the demand for neighborhood or regional parks or other recreational facilities? b) Affect existing recreational opportunities? c) Interfere with recreation parks & recreation plans or programs? ./ ./ Comments: The conceptual plans in the FSEIR 01-01 include a 1.7-acre private recreation area in the southeastern section of the Woods neighborhood adjacent to the proposed fire station site and a 13 .5-acre public park located along the eastern boundary of the Vistas overlooking the Lower Otay Reservoir. The previous FSEIR concluded that the proposed project would provide adequate park and recreation facilities and open space for EastLake III and surrounding communities, and compliance with the City ofChula Vista's local parkland requirements as set forth by the City Parkland Dedication Ordinance. The proposed Tentative Map is in substantial conformance with the previous FSEIR and therefore would not result in any impacts to parks, recreation, and open space beyond those already adequately addressed in the previous FSEIR. Mitigation: No mitigation measures are required. XVII. MANDATORY FINDINGS OF SIGNIFICANCE: See Negative Declaration for mandatory findings of significance. If an EIR is needed, this section should be completed. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods or California history or prehistory? Comments: Impacts to biological resources were previously analyzed in FSEIR 01-01. The proposed Tentative Map is in substantial conformance to the conceptual plans in the FSEIR with respect to land uses, including distribution and intensity, and would therefore not result in any new or increased impacts to biological resources beyond what is addressed therein. Potentially Significant (mpact Potentially Significant Ullless Mitigated Lesslhan Significant Impact No Impact ./ Mitigation: No mitigation measures are required. Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant Impact No Impact ./ 1/) Page - 13 -...-. ,----.- - _.~._,..__._--_.__._".~ b) Does the project have the potential to achieve short-term, to the disadvantage oflong-term, environmental goals? Comments: The proposed project conforms to all long-term goalslplans for this area and therefore will not achieve short-term goals to the disadvantage oflong-term goals. Mitigation: No mitigation measures are required. Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant Impact N. Impact v' c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Comments: Cumulative impacts of the EastLake Woods and Vistas development were adequately evaluated in FSEIR 0 1-0 I. The proposed Tentative Map is in substantial conformance with the conceptual plans in the previous FSEIR and would therefore not result in any new or increased incremental effects and/or cumulative impacts beyond what is addressed in the FSEIR. Mitigation: No mitigation measures are required. Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant Impact N. Impact v' d) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: Potential environmental effects which could cause substantial adverse effects on human beings were adequately evaluated in FSEIR 01-01. The proposed Tentative Map is in substantial conformance with the conceptual TM and grading plans in the FSEIR and would therefore not result in any new or increased impacts beyond those addressed in the FSEIR. Mitigation: No mitigation measures are required. II fo Page - 14 XIX. PROJECT REVISIONS OR MITIGATION MEASURES: No mitigation measures are required. XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line( s) provided below, the Applicant( s) and/or Operator( s) stipulate that they have each read, understood and have their respective company('s) authority to and do agree to the mitigation measures contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) provided below prior to adoption of the Addendum shall indicate the Applicant(s) and/or Operator s) desire that the Project be held in abeyance without approval. Printed Name and Title of Property Owner or Authorized Representative Signature of Property Owner or Authorized Representative .printed Name and Title of Operator if different from Property Owner Signature Name and Title of Operator if different from Property Owner XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. OLand Use and Planning OTransportation/Circulation OPublic Services DPopulation and Housing DGeophysical DBiological Resources DEnergy and Mineral Resources DHazards DUtilities and Service Systems DAesthetics OWater DCultural Resources OAir Quality ONoise ORecreation OPaleontological Resources OMandatory Findings of Significance /17 Page -15 XXII. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects . (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. An addendum has been prepared to provide a record of this determination. ~AJr#Ju#-hZf~ Marilyn R,F, Ponseggi C/ Z-/ Environmental Review Coordinator {ij~/.:t ~/ / / ~ Page-16 [ [ [ [I . Attachment 6 Ownership Disclosure Statement (Ie;; AppenOlX ts THE CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. Tl~ ~-\-LAk Co. _\-" weLl (~ Co. 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. S.G.~>w~U".. 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 trust. 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes No ~ 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 matter. 'Eo ~ \ t 0::. -h ~ W\ --.-.:E V\ p ~ fl-tI Y IO~ [\<:t<v () rdt.rL'{ C,"Y\ ri ~" \l !Y\c.'(..I'6b,'n 6. Have you and/or your officers or agents, in the aggregate, contributed more jhan $1,000 to a Councilmember in the current or preceding election period? Yes _ No ~If yes, state which Councilmember(s) Date: 5 - eq - () I 7. . Person is defined as "Any individual. firm, co-por(ners}lIp, jOint venture. association. socia! club, Featerna! organization. corporation. estate. trust. receiver. syndicate. this and any other county. city and country. city munICipality. district. or other political subdivision. or any other group or combinarion acting as a unit .. / 20