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Agenda Packet 2003/04/08
CITY COUNCIL AGENDA April 8, 2003 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ClIY OF CHULA VISTA City Council City Manager Patty Davis David D. Rowlands, Jr. John McCann City Attorney Jerry R. Rindone Ann Moore Mary Salas City Clerk Stephen C. Padilla, Mayor Susan Bigelow The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 68 AGENDA April 8, 2003 6:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF TIlE DAY · OATHS OF OFFICE: John Wines - Housing Advisory Commission Joseph Sims - Human Relations Commission · PRESENTATION BY SUPERVISOR GREG COX TO COMMEMORATE THE PRESERVATION OF THE HISTORIC BELL FROM CHULA VISTA'S FIRST SCHOOL HOUSE · PRESENTATION BY BROOKE PETERSEN, PROJECT MANAGER OF SAN DIEGO REGIONAL ENERGY OFFICE REGARDiNG A JOINT EFFORT TO PLANT 5,000 SHADE TREES IN THE CITY OF CHULA VISTA CONSENT CALENDAR (Items 1 through 10) The Council will enact the staff recommendations regarding the following items listed under t he Consent Calendar by o ne motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak"form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. 1. APPROVAL OF MINUTES of March 25, March 28 and March 29, 2003. Staff recommendation: Council approve the minutes. 2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE SAN MIGUEL RANCH PLANNED COMMUNITY (PC) DISTRICT REGULATIONS (SECOND READING AND ADOPTION) Adoption of the ordinance approves an amendment to the Planned Community District Regulations of the San Miguel Ranch sectional planning area, to change planning area G from the SF4 land use district (minimum 4,500 square-foot lots) to the SF3 land use district (minimum 5,000 square-foot lots). (Director of Plarming and Building) Staffrecommendation: Council place the ordinance on second reading for adoption. 3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA 'VISTA APPROVING THE PLANNING AREA 12 FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLANNED COMMUNITY DISTRICT REGULATIONS (SECOND READING AND ADOPTION) McMillin Otay Ranch, LLC has submitted an application requesting approwtl of a sectional planning area plan and planned community district regulation for planning area 12 - Freeway Commercial in the Otay Ranch. (Director of Planning and Building) Staff recommendation: Council place the ordinance on second reading for adoption. 4. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.46 OF THE CHULA VISTA MUNICIPAL CODE RELAT1NG TO RE-ESTABLISH THE YOUTH ADVISORY COMMISSION FOR THREE YEAR TRIAL PERIOD (SECOND READING AND ADOPTION) Members o f t he C hula Vista Coordinating Council a nd t he South B ay Family Y MCA have recommended that Council re-establish the Youth Advisory Commission. This commission will make recommendations and advise Council on issues affecting young people in the community. The Commission will also teach youth the power of collaborative working relationships in City government. It is expected that this commission will become a model for other cities in California. (Deputy City Manager Palmer) Staff recommendation: Council place the ordinance on second reading for adoption. 5. MEMORANDUM FROM THE BOARD OF ETHICS REGARDING REVISIONS TO THE CODE OF ETHICS One of the codified responsibilities of the Board of Ethics is to review and recommend revisions to the Code of Ethics to ensure its effectiveness and pertinence. Upon review, the Board has identified certain segments that could warrant revision. Staff recommendation: Council accept the memorandum and refer the matter to staff for review. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS FROM THE BALANCE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND IN THE AMOUNT OF $70,000, TO COVER THE UNFORESEEN SUPPORT STAFF TIME EXPENSES AND EXTRA WORK 1N THE FIELD DURING CONSTRUCTION OF THE STREET WIDENING AT EAST H STREET, SOUTH S 1DE, EAST AND WEST OF 1-805 NORTHBOUND RAMPS IN THE CITY OF CHULA VISTA (PROJECT STM-340) (4/5THS VOTE REQUIRED) Sealed bids were received for this project on August 21, 2002. The work to be done consisted of street, widening on the south side o f East H Street, east and west of the: 1-805 northbound ramps, related traffic signal work, and replacing asphalt concrete improvements in the center raised island median with decorative stamped concrete. The amount of the contract as bid was $206,155.12. As a result of unforeseen support staff costs and construction field changes, an additional $70,000 is needed to complete the contract and pay the contractor. (Director o f Engineering) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda 04/08/03 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE MAiN STREET EAST MEDIAN LANDSCAPE IMPROVEMENTS - PHASE Fi iN THE CITY OF CHULA VISTA (PROJECT LD-107) Sealed bids were received for this project on March 5, 2003. The work to be done involves the landscape median improvements on Main Street, east of Nirvana Avenue. The work includes all labor, material, equipment, tools, transportation, mobilization, traffic control, removal and disposal of existing improvements, protection and restoration of existing improvements. (Director o f Engineering) Staff recommendation: Council adopt the resolution and award the contract to A.B. Hashmi in the amount of $141,590. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTiNG $50,000 FROM THE CALIFORNIA BORDER ALLIANCE GROUP (CBAG) FOR THE PURCHASE OF TWO VEHICLES AND AMENDING THE FISCAL YEAR 2002/2003 POLICE DEPARTMENT BUDGET THEREFOR (4/5THS VOTE REQUIRED) Adoption of the resolution approves acceptance of $50,000 for the purchase of two vehicles to support operations of the southwest border high-intensity drug trafficking area. (Chief of Police) Staffrecommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PURCHASING AGREEMENT IN THE AMOUNT OF $30,950 WITH CHULA VISTA ELECTRIC COMPANY TO INSTALL A 600-AMP ELECTRICAL SYSTEM UPGRADE AT JOHN LIPPITT PUBLIC WORKS CENTER FOR THE CITY'S ELECTROLYZER, A FAST-FILL, PORTABLE HYDROGEN GENERATING FUEL STATION, AND APPROPRIATiNG FUNDS THEREFOR (4/STHS VOTE REQUIRED) The City's electrolyzer, a fast-fill portable hydrogen generating fuel station was delivered by Stuart Energy to the John Lippitt Public Works Yard. Installation of the electrolyzer will require an upgrade to the electrical system at the Public Works Yard. The upgrade entails the addition a 600-amp electrical panel to accommodate electrical requirements for the electrolyzer. Adoption of the resolution awards the contract for the electrical system upgrade to Chula Vista Electric for $30,950. (Special Operations Manager) Staff recommendation: Council adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTiNG THE AGREEMENT FOR USED OIL RECYCLING BLOCK GRANT NO. UBG7-01-6055 FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS 1N CONJUNCTION WITH ADMINISTERING THE GRANT, AND APPROPRIATING $89,607 TO IMPLEMENT THE GRANT (4/STHS VOTE REQUIRED) Page 3 - Council Agenda 04/08/03 The California Used Oil Enhancement Act requires the collection of four cents for every quart of lubricating oil sold, transferred and imported into California from oil manufacturers. Chula Vista consumers pay four cents per quart into the ftmd when they purchase oil. The Act mandates the California Integrated Waste Management Board use a portion of the funds to provide block grants to local governments for used oil programs that encourage used oil recycling. (Special Operations Manager) Staff recommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 11. CONSIDERATION OF AMENDMENTS TO THE CITY OF CHULA VISTA GENERAL PLAN, EASTLAKE II AND III GENERAL DEVELOPMENT PLANS AND EASTLAKE II AND III SECTIONAL PLANNING AREA PLANS IN ORDER TO CHANGE THE DESIGNATION OF A 4.4-ACRE PARCEL LOCATED ON THE EAST SIDE OF THE FUTURE EASTLAKE PARKWAY, AND NORTH OF OLYMPIC PARKWAY FROM PUBLIC/QUASI-PUBLIC (PQ) AND COMMLqx~ITY PURPOSE FACILITY (CPF) TO MEDIUM HIGH DENSITY RESIDENTIAL (MH) The E astLake Company h as submitted applications t o a mend t he City's General P lan, EastLake II and III General Development Plans, Sectional Planning Area plans, and associated regulatory documents to convert 4.4 acres located on the east side of future EastLake Parkway, and north of Olympic Parkway from Public/Quasi-Public to Medium High Density Residential. (Director of Planning and Building) Staff recommendation: Council conduct the public hearing, adopt the resolution, and place the following ordinance on first reading: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA \qSTA APPROVING AMENDMENTS TO THE CHULA VISTA GENERAL PLAN LAND USE DIAGRAM, EASTLAKE II AND II! GENERAL DEVELOPMENT PLANS AND EASTLAKE II AND III SECTIONAL PLANNING AREA PLANS, AND ASSOCIATED REGULATORY DOCUMENTS B. ORDINANCE OF THE CITY COUNCIL O F THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS LAND USE DISTRICT MAP Page 4 - Council Agenda 04/08/03 12. CONSIDERATION OF APPROVAL OF A TENTATiVE SUBDIVISION MAP TO DIVIDE APPROXIMATELY 62.64 ACRES INTO FOUR SUPER-LOTS AND TWO OPEN SPACE LOTS (APPLICANT: THE EASTLAKE COMPANY) Adoption of the resolution approves subdivision of 62.64 acres into four super-lots and two open space lots. The project is located at the northeast comer of EastLake Parkway and Olympic Parkway, within the EastLake greens residential community. (Director of Planning and Building) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVINtJ AND ESTABLISHING CONDITIONS OF THE TENTATIVE MAP FOR EASTLAKE LANDSWAP, CHULA VISTA TRACT 03-04 13. CONSIDERATION OF APPROVAL OF THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR 02-05) FOR THE BELLA LAGO PRECISE PLAN, REZONE AND TENTATIVE SUBDIVISION MAP; AMENDMENTS TO THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE, ZONING 180 ACRES EAST OF THE FUTURE STATE ROUTE 125 FREEWAY AND NORTH OF PROCTOR VALLEY ROAD FROM PLANNED COMMUNITY TO RESIDENTIAL ESTATES WITH A PRECISE PLAN MODiFYING DISTRICT (PCZ 01-04); A PRECISE PLAN FOR 180 ACRES TO BE KNOWN AS THE BELLA LAGO PRECISE PLAN (PCM 02-12); AND A TENTATIVE SUBDIVISION MAP TO SUBDIVIDE 180 ACRES EAST OF THE FUTURE STATE ROUTE 125 FREEWAY AND NORTH OF PROCTOR VALLEY ROAD INTO 140 SINGLE-FAMILY RESIDENTIAL LOTS Bella Lago, LLC, submitted a n application t o change t he zoning o f 1 80 acres, east o f future SR-125, north of Proctor Valley Road, from Planned Community to Residential Estate with a Precise Plan Modifying District; approval of a Precise Plan for the Project; and approval of a tentative subdivision map to subdivide the 180 acres into 140 residential and four open space lots. In accordance with the California Environmental Quality Act, a final Enviromnental Impact Report has been prepared to analyze the environmental impacts of the proposed rezone, precise plan, and tentative subdivision map. (Director of Plarming and Building) Staff recommendation: Council conduct the public hearing, adopt the following resolutions, and place the following ordinance on first reading: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR 02- 05) FOR THE BELLA LAGO PRECISE PLAN, REZONE, AND TENTATIVE SUBDIVISION MAP; MAKING CERTAIN FINDINGS OF FACT; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Page 5 - Council Agenda 04/08/03 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PRECISE PLAN TO BE KNOWN AS BELLA LAGO AND A TENTATiVE SUBDWISION MAP, CHULA VISTA TRACT 00-03 TO SUBDIVIDE 180 ACRES EAST OF THE FUTURE STATE ROUTE 125, NORTH OF PROCTOR VALLEY ROAD INTO 140 RESIDENTIAL LOTS AND 4 OPEN SPACE LOTS C. ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF CHULA VISTA AMENDING T HE ZONING M AP O R MAPS ESTABLISHED B Y SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZON1NG 180 ACRES LOCATED EAST OF THE FUTURE STATE ROUTE 125 FREEWAY AND NORTH OF PROCTOR VALLEY ROAD TO RESIDENTIAL ESTATES (RE) WITH A ("P") MODIFYING DISTRICT DESIGNATOR ITEMS PULLED FROM TIlE CONSENT CALENDAR OTHER BUSINESS 14. CITY MANAGER'S REPORTS 15. MAYOR'S REPORTS 16. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Clerk's office in accordance with the Ralph M. Brown Act (Government Code 54957. 7). 17. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: San Diego Gas & Electric - Gas and Electricity Franchise (Pertaining to Public Rights of Way throughout the City of Chula Vista) Agency negotiators: David Rowlands, Jr., Sid Morris, Michael Meacham, Glen Googins Negotiating Parties: City of Chula Vista, San Diego Gas & Electric Under Negotiation: Price and Terms of Payment Page 6 - Council Agenda 04/08/03 ADJOURNMENT to an Adjourned Regular Meeting on April 9, 2003 at the Corporation Yard at 3:30 p.m., thence to an Adjourned Regular Meeting on April 11, 2003 at 4:00 p.m., thence to an Adjourned Regular Meeting on April 14, 2003; and thence to the Regular Meeting of April 15, 2003, at 6:00 p.m. in the Council Chambers. Page 7 - Council Agenda 04/08/03 ORDINANCE NO. - tk~)\~Co ~,~.~3 ~'~30?~\O~ ORDINANCE OF THE CITY COUNCIL~HDE ~C~ITY OF CHULA VISTA APPROVING AMENDMENTS TO THE SAN MIGUEL RANCH PLANNED COMMUNITY (PC) DISTRICT REGULATIONS. I. RECITALS A. Project Site WHEREAS, the areas of land which are the subject of this Ordinance are diagrammatically represemed in Exhibit 1 attached hereto, and for the purpose of general description consists of 16.15 acres located on the north side of Calle La Marina, approximately 1,500 feet west of the intersection of Mount Miguel Road and Calle La Marina, commonly known as San Miguel Ranch Planning Area G ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on January 10, 2003, Trimark Pacific Homes, L.P. ("Applicant") filed an application requesting approval of amendments to the Planned Community (PC) District Regulations of the Sectional Planning Area (SPA) Plan for the San Miguel Ranch Project Site ("Project") to change the Land Use District for Planning Area G from SF4 to SF3, hereto incorporated as Exhibit 2; and, C. Prior Discretionary Approvals WHEREAS, the Project site has been the subject matter of a Sectional Planning Area (SPA) previously approved by City Council Resolution No. 19631 on October 19, 1999; and WHEREAS, the Project site has been the subject matter of City Council Ordinance 2799 adopting Planned Community District Regulations, approved on October 19, 1999; and WHEREAS, the Project site has been the subject matter of City Council Ordinance 2837 amending Ordinance 2799, and approving amendments and additions to the Planned Community District Regulations, approved on June 12, 2001; and WHEREAS, the Project site has been the subject matter of a third-tier Final Subsequent Environmental Impact Report 97-02 (FSEIR 97-02) for the above SPA previously certified by City Council Resolution No. 19630 on October 19, 1999; and D. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public hearing on said project on March 12, 2003, and voted 5-0-1 to recommend that the City Council approve the amendments to the San Miguel Ranch Planned Community District Regulations text in accordance with the findings listed below. Ordinance No. Page 2 The proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on March 12, 2003, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. E. City Council Record on Applications WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on April I , 2003 on the Project, and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, II NOW, THEREFORE, the City of Chula Vista does hereby find, determine and ordain as follows: A. CERTIFICATION OF COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA), and has determined that the proposed project was adequately covered in FSEIR 97-02. Thus, no further environmental review or documentation is necessary. B. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council has exercised their independent review and judgement and concurs with the Environmental Review Coordinator's determination that the proposed project was adequately covered in FSEIR 97-02, and that said document was prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City ofChula Vista. C. FINDINGS FOR P-C PLANNED COMMUNITY ZONE AMENDMENTS The City Council hereby finds that the findings and determinations set forth in Ordinances 2799 and 2837 continue to be true and correct, and the proposed amendments to the San Miguel Ranch Planned Community District Regulations are consistent with the City of Chula Vista General Plan, and public necessity, convenience, the general welfare and good zoning practice support the proposed documents. D. APPROVAL OF ZONING REGULA TrONS The City Council does hereby approve the amendments to the San Miguel Ranch SPA and Planned Community District Regulations which to change the Land Use District for Planning Area G ITom SF4 to SF3, as represented in Exhibit 2. 2-2 Ordinance No. Page 3 III. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Ordinance is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. IV. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by ~-rM~~ Robert A. Leiter Director of Planning Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of ChulaVista, California, this 1st day of April, 2003, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Steve Padilla, Mayor ATTEST: Susan Bigelow, City Clerk 2-3 If edIJE{) &4/6/7s s¡Î ;153 I" þd(/) §§ g.~ ..... OQ ~ CD I--' ~óz E ~ ¡ ilil W"~ !;~~ 1"51 . .. . . !,"¡'l;. -!aU·U· hgUìl~_1I à'1.~!!i.~3U 3¡¡" l'...s,"n !¡1Hhff h:~ ij;l¡ ni ~;[' ;:ä.i !~=! ~.¡ "11' !¡1! i :r:~ a .....!l g¡";;¡:~ ," ,--< " '.-. _. ii ~ ~ ii, m. ~H ¡¡ ~ IJ!~ ..' i;~ u ,.. ¡ ~ ..i . -.¡ " n~ !I '.. . ;i: !~ T -. i'I' H ~. ~i . .- h'l ¡;¡S" h , Wtm.~ ~ i . .> t ~ . Q . ~ · . . I > . . . · 0 n - · " , c .. . .. ¡ ~~ f i 0 i - i . · ~qq ~ . í , ~ , , 0 . , c p P ." i ~ ~ ~ !:¡ ~ ð¡~ðð . .' ~ ~ 0 ~ " . . ~ ... :;¡.. ~ ,.. "' o ~ . In 0 .. 1: ~ ,... ¡¡ <: ~ , · ~q.~ ~ , · ¡- c 0 § · . · ~ 5 . fc;t Q ~ ~ ~ a~ .~ ~hd'Q . ~ · ~ ~ · . n So , , ~ , " ~ ~ ~c "f · Sl'1 ~ I I I I · . a !: · > I . i. , · , .~ -. ~ · '0 , w ~ ¡:; t w ~ ~ ê~ . . " . ¡ " " . . , w . · " . e " - . t:: ~ . . N ¡. :.., , , , N " ¡" N " " i..¡" " · , . - 0 , , , , , , , , , , , c " i ! . = " t - ; · . a G ~ " ! . " I- a c , , , , , , , , , , , ~ w , e . t , . . · , " , , ~ - ...¡,. , · §JQr ~ ~ ~ ï ~ ~ ~ ~ 'V 'U ~ m ~ ~ m Z ~ ~ !! C " i5 S; ~ ~ ~ ~ ~ ~ c m en ¡;; ~ o z ¡II !¡I <I II .. ~ .. S· . , ~ Cf) ". -j ~ ~ m '" c .'< '" -j '" ~ I ~ 0 ¡¡: z II ~ ìJ -n "'. ~ 'V ç C . ¡;; <D . '" Z 1. '< -..-." ~(J) i. Þ Þ I~~~ 07 ¡:ê~ Þ"' ~ "I ~. ~ (D - o en ~ *~:D ~-'"':,,', " " ", ~þz ~ M i .~ TI '" s;: ~ z o· 0 s' . C , ." (f) ¡¡. m ~ ~ 0 Ow (f) '" Ow -j '" :0 ::;: 11 0 -j 11 N "'0 " " c c1i s;: ¡;¡ . ~ w Z (l)cncnUJcn~!ß ,-¡ 'TI" 2J ~.... m > U1 .. (I) en ~ !!! !!! !!! ~ nnn~ nn~q ~ ~ !( !( !( !( ;;'; ~ !!j ~ ~ ~ ï m zoo 0 i: ,....,. moo ""0 .:u :D "'O"T1 UI "''1''1' "m ;¡j :g ~OO;¡¡8~8~ Zo '1J "U ;-¿' iI: ~ I: ~ !H!~~~~~ ~~~fijnH ~ f;! m " ~ ~ ;>! -< Qnn~~ 8 ¡;; ~ a ,.. m ,.. to ,"'i 0 5 U i § n z c M ~ Table 2-1 Chart of SPA Land Use Districts SFE SF I SF2 SF3 SF4 SF5 SFA MF CR CPF ES CP NP OS-PR OS-TR . Single Fami]y Estate L,K Sing]e-Family Detached Homes on large lots. Standard minimum lot size is 20,000 sf, except that up to 25% of the total number of lots, may be a minimum of 15,000 sf, if an average tot size of 20,000 sf is maintained, Single-Family Detached Homes with minimum lot size of7,OOO sf Single-Family Detached Homes with minimum lot size of 6,000 sf Sing]e-Family Detached Homes with minimum lot size of 5,000 sf Sing]e-Family Detached Homes with minimum lot size of 4,500 sf Single-Family Detached Homes with minimum lot size of 4,000 sf, attached homes or townhomes. Single Family attached units such as townhomes or condominiums. Single Family attached units such as townhomes and condominiums or high density single-family detached units such as patio homes, zero-lot-line, courtyard, or cluster units, or detached condominiums. Mu]ti-fami]y housing dwelling units for sale or rent with a density not to exceed 18 units per gross acre. Retail shopping center for uses serving the community and neighborhood Community purpose facilities' Elementary school Community park facilities, Community purpose facilities* Private neighborhood park facilities Natural open space areas - habitat preserves Natural and improved open space areas with trails or other recreational uses That portion of the required Community Purpose Facility acreage not provided at SPA Planning Area «M" win be provided through additional net usable acreage in conjunction with the community park site. Single Family One J Single Family Two I Single Fami]y Three F,G,H Single Family Four E ----~~~-~- i L Sing]eFamily Five D B Single Family Attached C Multi-Family A Retail Commercia] N Community Purpose Facility M,CP' E]ementary School S Community Park CP Neighborhood Park Open Space - Habitat Preserve NP OS-I, OS-6 Open Space - Trails and Recreation OS-2 to OS-5 OS-7 to OS-9 San Miguel Ranch SPA Plan Trimark Pacific San Miguel LLC Page 5 Volume 2 - PC District Regulations R~~wn-F~roary202003 Table 2-3B Development Standards Residential Districts Maximum San Miguel Ranch Floor Area Ratio Building Area District (F.A.R. ) (Sq. Ft.) SFE .45 N/A* SFI .50 4500 SF2 ,55** 4300 SF3 .60** 4000 SF4 .60** 3100 (E)*** SF5 SP SP SFA SP SP MF SP SP Table Notes: * Maximum allowable building area will be regulated by coverage and setback regulations in the SFE Land Use District. ** The maximum allowable F .A.R. 's in the SF2, SF3 and SF4 Districts are as follows. Lot numbers are as shown on Chula Vista Tract 99-04, approved 2/29/00 (Tentative Map PCS-99-04): SF2: .60 for lots 1-21,38-40, and 43-51 in Neighborhood I. SF3: .65forlots 6-8,11-15, and 37-41 in Neighborhood H. SF4: .65 for lots 109-119 in Neighborhood E. *** In the SF4 District, the maximum allowable building area shall by 3100 square feet in Neighborhood E, SP- Standards to be determined concurrently with Site Plan and Architectural approval. San Miguel Ranch SPA Plan Trimørk Pacific San Miguel LLC Page UB Volume 2 . PC District Regulations Revision - February 27,2003 COUNCIL INFORMATION MEMORANDUM DATE: April 8, 2003 TO: The Honorable Mayor and City Council VIA: David D. Rowlands Jr., City Manager FROM: Robert A. Leiter, AICP, Director of Planning and Buildins~ SUBJECT: Freeway Commercial Planned Community District Regulations Attached is the Revised Land Use Matrix to the Freeway Commercial Planned Community District Regulations with the revisions directed by the City Council at the April 1, 2003 heating. CIT CITY CHULA VISTA APPROVING THE c~.~"~NING AREA 12 - FREEWAY COMMERCIAL SEC.~A~ PLANNING AREA (SPA) PLANNED COMMUNITY DIS~T REGULATIONS. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached hereto and described on Chula Vista Tract 02-03, and is commonly known as, Planning Area 12 - Freeway Commercial of the Otay Ranch ("Property"); and, WHEREAS, an application for adoption of the Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan, was filed with the City of Chula Vista Planning Department on October 13, 1998 by McMillin Otay Ranch, LLC ("Applicant"); and WHEREAS, the Otay Ranch Company, being joint owners of Freeway Commercial with the Applicant, is a participant in the development and implementation of the Freeway Commercial SPA Plan Planned Community District Regulations; and WHEREAS, the Otay Ranch, Freeway Commercial Sectional Planning Area (SPA) Plan, Planned Community District Regulations ("Project") are intended to ensure that the Otay Ranch Freeway Commercial SPA Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP), to implement the City of Chula Vista General Plan for eastern Chula Vista, to promote the orderly planning and long term phased development of the Otay Ranch GDP and to establish conditions which will enable the Planning Ama 12 - Freeway Commercial area of the Otay Ranch area to exist in harmony within the community; and, WHEREAS, the Otay Ranch, Freeway Commercial SPA Planned Community District Regulations are established pursuant to Title 19 of the Chuta Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable to the Otay Ranch F?eeway Commercial SPA Land Use Plan of the Otay Ranch Freeway Commercial SPA Plan; and, WHEREAS, the Otay Ranch Freeway Commercial SPA Planned Community District Regulations establish zoning regulations for the Commercial Zoning District located in Otay Ranch Freeway Commercial; and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and determined that the Project would result in a significant impact to the environment, therefore, a Second-Tier Environmental Impact Report (EIR 02-04) has been prepared; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan (PCM 99-08) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, Ordinance No. Page 2 WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., February 19, 2003 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended approval of the Project to the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at its public hearing held on February 19, 2003 and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. II. COMPLIANCE WITH CEQA The City Counril hereby found that the Project, as described and analyzed in the Second-Tier Final EiR 02-04, would have no new effects that were not examined in said Final (Guideline 15168 (c)(2)). III. ACTION The City Council hereby adopts an Ordinance approving the Otay Ranch Freeway Commercial SPA Planned Community District Regulations as amended by Exhibit 1 attached hereto and incorporated herein, finding that they are consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. EFFECTIVE DATE This Ordinance shall take effect and be in full l'orce on the thirtieth day from and after its adoption Presented by Approved as to form by Robert Leiter Ann Moore Planning and Building Director City Attorney H:\attomey\FC SPA_CC ord [lSAttomey\FC SPA CC_Ord.doc EXHIBIT 1 PC D STmCT REGULATIONS Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan Approval by the Chula Vista Planning Commission on February 19, 2003 PARTIALL Y REVISED TEXT Adopted by City Council on April 1, 2003 Project Sponsor: McMillin Otay Ranch, LLC 2727 Hoover Avenue National City, CA 91950 Contact: Vincent Ferret (619) 336-3729 Prepared by: Cinti Land Planning 2932 Poinsettia Drive San Diego, CA 92106 Contact: Gary P. Cinti (619) 223-7408 III. Freeway Commercial District A. Purpose The Freeway Commercial SPA is designated entirely with Freeway Commercial Land Use in the Otay Ranch GDP. Freeway Commercial is intended to serve as the site for regional automobile- oriented commercial uses, complementing the Eastern Urban Center, adjacent to the south, which is to serve as a more pedestrian-oriented, mixed-use focal point for the Otay Ranch community. The SPA's location adjacent to the SR-125 fi'eeway and surrounded by arterial roads, while also served by the Metropolitan Transit Development Board (MTDB) transit line, allows it to provide a unique mix of regionally oriented commercial uses. A single commercial land use district, Freeway Commercial (FC), is designated to accommodate these uses. The Freeway Cormnercial District is included in these Planned Community District Regulations to achieve the following: · To provide an area for "large format" retail stores and service establishments offering commodities and services required by residents of the local area, surrounding communities and the South County region. · To provide appropriate development standards for larger warehouse/discount retail commercial and support facilities; · To encourage retail and service commercial uses, and related support uses, to concentrate for the convenience of the public and for a more mutually beneficial relationship to each other. · To provide adequate space to meet the needs of modem commercial activity, including off-street parking and loading areas. · To minimize traffic congestion and avoid overloading utilities by restricting construction of buildings of excessive size in relation to the amount of land around them. · To promote high standards of site planning, architectural and landscape design for commercial developments within the city of Chula Vista. B. Permitted & Conditional Uses The following uses shall be permitted where the symbol "P" appears and shall be permitted subject to a Conditional Use Permit where the symbol "C" appears. Uses where the symbol "~ CI" appears shall be permitted subject to an Administrative Review. Uses where the symbol "N" appears shall not be permitted. (I/2g/02)(3/18/03) PERMITTED USE MATRIX - FREEWAY COMMERCIAL DISTRICT LAND USE ZONING DISTRICT FC Administrative and Professional Services: Business or professional office p Financial institution or office P Medical, dental & health services and offices (including laboratories) P Real estate sales office p General Commercial Uses: Antique shop (no outdoor storage) P Apparel store p Appliance store, incindmg repair (no outdoor storage) P Arcade and electronic games (subject to Chapter 19.58 CVMC) C1 Art, music or photographic studio or supply store P Athletic and health club p Automobile and/or truck services and car wash facilities (subject to Chapter 19.58 C CVMC) Bakery, retail p Barber and beauty shop P Bicycle shop, non-motorized p Blueprint and photocopy services p Books, gifts and stationery store P Candy store or confectioner p Catering establishment p Cleaners p Cocktail lounge, bar or tavern, including related entertainment C Commercial recreation facilities not otherwise listed (subject to Chapter 19.58 CVMC) C Electronics store, including sales and repair P Equipment rental (enclosed in building) P P=permitted; C~-Conditiunal Use Permit (CUP) by Planning comnUssion, C I=CUP by Zoning Administrator, C2= CUP by City Council; N--not permitted PC DISTRICT REGULATIONS 3 PERMITTED USE MATRIX - FREEWAY COMMERCIAL DISTRICT (cont'd.) LAND USE ZONING DISTRICT FC Fast food restaurants with drive-in or drive-through (subject to Chapter 19.58 CVMC) C Fast food restaurants without drive-in or drive-through P Florist shop P Food store, C l Drag store, pharmacy P Furniture, carpet or home furnishings store P Gasoline service station (subject to Chapter 19.58 CVMC) C Hardware or home improvement store P Hobby shop P Hotel or motel (subject to Chapter 19.58 CVMC) P Jewch-y store P Junior department or department store, discount or membership department store P Kiosk, including photo sales, located in parking lot C1 Laundry (coin~operated) P Liquor store, package off-sale C Newspaper and magazine store, including printing and publishing P Nursery or garden supply store in enclosed area P Office supplies/stationery store P Outdoor sales and display (subject to Chapter 19.58.370.B CVMC) C1 Parking facilities, commercial (subject to Chapter 19.58.230 CVMC) P Pet store, pet supplies and services including grooming (no hoarding) P Printing shop P Recycling collection center (subject to Chapter 19.58,3.,4.5 CVMC) P Restaurant serving alcoholic beverages with live entertaflunent or dancing C Restaurant with cocktail lounge or bar serving alcoholic beverages P Restaurant with incidental serving of beer/wine but without cocktail lounge, bar, P entertainment or dancing P=permiited; C-Conditional Use Permit (CUP) by Planning Comrmssion, C1-CUP by Zoning Administxator, C2- CUP by City Council; N-~ot permitted PC DISTRICT REGULATIONS PERMITTED USE MATRIX - FREEWAY COMMERCIAL DISTRICT (cont'd.) LAND USE ZONING DISTRICT FC Restaurant, coffee shop, delicatessen p Restaurant, drive-through (subject to Chapter 19.58.210 CVMC~ C Retail, wholesale, mchiding membership stores and manufacturer's outlets which P require extensive floor areas for the storage and display of merchandise, and the high volume, warehouse-type sale of goods and uses which are related to and supportive of existin~ on-site retail distribution centers or manufacturer's outlets Retail store or shop p Snack bar or refreshment stand contained within a building P Stamp and/or coin shop p Stores, shops and offices supplying commodities or performing services for the P residents of the city as a whole or the surrounding community such as department stores, specialty shops, banks, business offices, and other financial institutions and personal service enterprises Swimming pool supply store p Television, stereo, radio store, including sales and repair p ~eater, movie, multiplex C-2 Tire sales and service p Travel agency p Veterinary office and/or ammal hospital C Any other retail business or service establishment supplying commodities or P performing services which is determined by the Planning Commission to be of the same general character as the above mentioned permitted retail business or service uses and open during normal business hours of the above uses P=permitted; C-Conditional Use Permit (CUP) by Planning Commission, C1-CUP by Zoning Administrator, C2= CUP by City Council; N~ot permitted PC DISTRICT REGULATIONS PERMITTED USE MATRIX - FREEWAY COMMERCIAL DISTRICT (cont'd.) LAND USE ZONING DISTRICT FC Public and Semi-public Uses: Day nursery, daycare school or nursery school (for profit) ~ C~I Day nurseD,, daycare school or nursery school (non-profit) ~ ~ Educational institution C Public utility and/or public service sub-station, reservoir, pumping plant and similarC installation Recreational facilities, including but not limited to: tennis and swim clubs, basketball, C racquetball and handball courts Residential Uses: All residential use t-/pcs I N Temporary Uses: Subject to the provisions of Section VI.B I P Other Uses: Unclassified uses (subject to Chapter 19.54 CVMC) I C P~permitted; C=Conditional use permit C=bv Plannin~ Comurtssioti, CI =Administrahve CUP, C -by City Council, ~ .............. review, N=not permitted C. Accessory Uses & Buildings Accessory uses and accessory buildings customarily appurtenant to a permitted use are allowed subject to the requirements of Chapter 19.58 CVMC. Roof mounted satellite dishes shall be permitted as accessory structures subject to the following standards or conditions: · The dish shall be screened using appropriate matching architectural materials or parapet walls; · Dishes shall be of a neutral color, match the building, or as otherwise approved by the Planning Director; · A building permit shall be required; and, · No advertising material shall be allowed on the satellite dish antenna. Satellite dish antennae containing advertising material shall be considered signs. 6 ~C7.. PC DISTRICT REGULATIONS ADMINISTRATIVE PROCEDURES, CONDITIONAL USES & VARIANCES VI. Administrative Procedures, Conditional Uses & Variances A. Purpose & Intent The purpose of this chapter is to define certain administrative procedures and requirements to provide clear instructions and notice to property owners and developers within Freeway Commercial SPA regarding permit and plan approvals. The general intent of these regulations is to use the standard procedures provided in Chapter 19.14 CVMC except where special procedures are required or defined herein. The administration of the Freeway Commercial SPA Plan shall be as provided for in Chapter 19.48.090 et. seq. CVMC, except that the Zoning Administrator may accept less detail or require additional detail to suit the development concepts included in the SPA plan. For matters relevant to the proper development and use of property within Freeway Commercial SPA and not addressed herein, the provisions of Title 19 CVMC (Zoning Ordinance) shall apply. In the event of conflicting standards, these Planned Community District Regulations shall apply. B. Zoning Administrator Actions The Zoning Administrator is authorized to consider and to approve, disapprove or modify applications on thc following subjects, and/or issue the following required permits without setting thc matter for a public hearing in accordance with Chanter 19.14.010 through 19.14.010 CVMC: 1. Conditional Use Permit: the Zoning Administrator shall be empowered to issue conditional use permits without a public hearing in the following circumstances: a. Where the use to be permitted does not involve the construction of a new building or other substantial structural improvements on the property in question. b. Where the use requiring the permit would make use of an existing building and does not involve substantial remodeling thereof. c. For signs and temporary uses, as limited herein. 2. Variances: the Zoning Administrator shall be authorized to grant variances for limited relief in the case of: a. Modification of distance or area regulations. b. Walls or fences which exceed permitted heights by up to twenty percent; requests for more than twenty percent increase shall require a public hearing. 3. Site, Architectural, and Landscape Plan approvals: the Zoning Administrator shall be empowered to grant site plan, architectural plan and landscape plan approval. 7 ~ f4~ ~ PC DISTRICT REGULATIONS ADMINISTRATIVE PROCEDURES, CONDITIONAL USES & VARIANCES The Zoning Administrator may also act in the place of the Design Review Committee for projects comprising floor area of 20,000 square feet or less. Projects greater than 20,000 square feet shall be reviewed by the Design Review Committee per Section 19.14.582 CVMC. 4. Performance Standard Procedure: the Zoning Administrator shall be authorized to issue a zoning permit for any use subject to performance standards procedures, as provided herein. 5. Temporary Use Permit: the Zoning Administrator shall be authorized to grant permits for temporary uses, as defined and regulated in Section V.B. 6. Administrative Review a. Purpose Certain uses may vary greatly in their effect depending on the scope, location or exact circumstances. In order to avoid the permitting of these uses without any formal review, and to relieve the Planning Commission and City Council of formally reviewing uses which have insignificant or compatible effects, an Administrative Review procedure is established. b. Application Administrative Review is applicable to uses identified on the Permitted Use Matrices herein with the symbol "~ Cl." c. Procedures Administrative Review may be conducted by the Zoning Administrator without a public hearing or the Zoning Administrator may determine after reviewing the scope, location, or exact circumstances of the proposed use that the formal hearing process of the Conditional Use Permit procedure is warranted. If the Zoning Administrator makes the determination that a Conditional Use Permit is warranted, the applicant shall be required to comply with the Conditional Use Permit procedures of the Zoning Ordinance. In regard to applications for any of the above actions, the Zoning Administrator shall set a reasonable time for the consideration and give notice to the applicant and to any other interested person as defined in the Zoning Ordinance. In the event objections or protests are received, the zoning administrator shall set the matter for public hearing. Unless otherwise st~ecificallv stated in the land use matrix. Conditional Use Permits shall be annroved bv the Plannine Commission. C. Design Review The site plan approval process is applicable to projects within the Freeway Commercial district. In addition, all commercial projects shall require design review approval. Design review may be conducted concurrent with site plan review at the applicant's risk. Application and proceduresfor 8 ~.~// PC DISTRICT REGU[ATIONS DATE: April 3, 2003 TO: Honorable Mayor and City Council FROM: David Palmer, Deputy City Manager SUBJECT: Youth Advisory Commission At the April 1, 2003 City Council Meeting, the first reading of the restructured Youth Advisory Commission ordinance re-establishing Chula Vista Municipal Code section 2.46 was heard. During the discussion, Council questioned the length of the term of office. Members asked if the term of office might be shorter than four years. Although the Charter clearly states the term of a commissioner is four years, Council suggested this length of term for a commissioner in secondary school was an unusually long and unrealistic obligation. They asked that options be considered for a shorter term of office compatible with the busy and changing life of a teenaged commissioner. Staff was directed to look into the Veterans Affairs Ad Hoc committee, which had an appointed term of one year. In 1992 the Council received a written communication requesting the establishment of a Veterans Affairs Commission. After discussion the Council moved to create an Ad Hoc Committee or Task Force in lieu of adopting an ordinance to create a commission pursuant to the Charter. The Ad Hoc Committee was tasked primarily with analyzing whether there was a need for a commission. The creation of the committee without sanction of the Charter and the limited tasks with which it was charged are what allowed it to operate with a term shorter than the four-year Charter mandate. Ultimately Council voted to establish the Veterans Advisory Commission by ordinance in 1994, an outgrowth of the ad hoc committee. It operates under the Charter requirement of the four- year term. Staff is considering several possibilities including a Charter change to shorten the term length of the Youth Advisory commissioners. It is proposed the initial youth commissioners undertake the term issue as part of their initial business and make a recommendation to Council within the first year of operation. ORDINANCE NO. b~)O?~( )~:k AN ORDINANCE OF THE CITY OF CH.UM, WSTA AMENDINO CHAPTER 2.46 OF THE CHULA V,,~-'qgI1JNICIPAL CODE TO PROVIDE FOR RESTRUCTUR .15~t,~lF THE YOUTH ADVISORY COMMISSION FOR A FOUR YEAR TRIAL PERIOD WHEREAS, the Chula Vista City Council established the Youth Advisory Commission in late 1970 as a means for providing input and recommendations to the City Council, City Manager, and other members of City Government in all matters affecting the youth of our community; and WHEREAS, IN the past several years the Commission had experienced a decline in the lack of commitment and interest on the part of the Commissioners; and WHEREAS, Ordinance No. 2749 restructuring the Youth Commission sunseted the commission effective October 6, 1999; and WHEREAS, staff has evaluated the Commission's issues and believes addressing the current structure could resolve not only the previous problems, but re-energize an individual's interest, commitment, and overall productivity in serving with the Youth Advisory Commission; and WHEREAS, an ordinance is required to allow for a four-year trial program aimed at restructuring the Youth Advisory Commission and bringing it into conformance with its original purpose and intent. The City Council of the City of Chula Vista does hereby ordain as follows: Section 1: That Chapter 2.46 of the Chula Vista Municipal Code is hereby amended to read as follows: YOUTH ADVISORY COMMISSION Sections: 2.46.010 Creation. 2.46.020 Purpose and Intent. 2.46.030 Functions and Duties 2.46.040 Membership 2.46.050 Term in Office 2.46.060 Operation of Commission 2.46.070 Repealed. 2.46.080 Repealed 2.46.090 Repealed 2.46.100 Repealed 1 2.46.110 Repealed 2.46.111 Sunset Clause. 2.46.010 Creation. There is hereby created a Youth Advisory Commission. 2.46.020 Purpose and intent It is the purpose and intent of the City Council to establish a Youth Commission to serve as a resource to advise and make recommendations to the City Council and the City Manager, in all matters affecting the young people of this community. The focus of the commission will, among other things, be: A. The development of mutual understanding and respect between the young people and all of the adult citizens of Chula Vista; B. The establishment of liaison and maintenance of communications with ali of the young people of the community so as to better understand the problems and difficulties confronting young people in today's cmnplex urban society; C. The establishment of a forum for meaningful open communication where the youth of Chula Vista can state in an explicit manner and in terms that will be understood by members of the so-called "establislunent;" D. The fostering of a feeling of mutual respect and understanding on the part of all age groups in the city; E. The elimination of those causes of friction which may result in the alienation of our youth and the polarization of our community based upon age; F. The encouragement of full and active participation in all phases of govermnental process by the young people of this community It is the basic intent of the City Council to provide lbr the young people of the City a sense of identity and self-recognition so that the young people will truly feel they are part of a dynamic society which they will be expected to one day lead and direct and should now be making an input so as to influence its direction. 2.46.030 Functions and Duties The functions and duties of the commission shall be as follows: A. Establish a direct communications link between the young people of the city and the City Council, to assist in those matters, which are of concern to the young people, and advice to the entire community. 2 B. Provide written recommendations and suggestions to the City Council and to all boards and commissions of the City reflecting the point of view of the young people of this community. 2.46.040 Membership A. Number of Members The Commission shall consist of two voting members per high school and one student from each middle school, a staff ex-officio member, and up to three general ex-officio members B. Designation of Members 1. Voting Members Voting members shall be two students from each high school and one student from each middle school appointed by the City Council upon recommendation of the Mayor from qualified residents of the City in accordance with Section 600 seq. of the Charter. Members of the Youth Commission shall be students who have passed the seventh grade educational level as continuing students at the time of appointment and shall maintain residence throughout the term of office and must be under the age of eighteen or still in high school as of the commencement of the term to which they are appointed. To establish a ~vorking partnership with each of the city's high schools and middle schools, two commissioners from each high school and one from each middle school shall be appointed. One commissioner shall be appointed from each high school's Associated Student Body (ASB) or other formally recognized school club and the other from each school's open student population. One commissioner from each middle school shall be appointed from each school's open student population. 2. Staff Ex-officio Member The City manager or his/her designated representative shall be an ex- officio member of the Commission who shall not be required to be a qualified elector of the City, and who shall have no vote ("staff ex- officio member"). 3. General Ex-officio Members 3 The City Council, or its designee, may appoint not greater than three additional ex-officio members of the Commission, who shall not be required to be residents of the City, but any such appointed ex-officio members shall have no vote ("general ex-officio member"). 2.46.050 Term of Offiee A. Term of Office - All Classes of Members 1. Initial Terms of Voting Members The initial term of each appointed voting member shall commence upon appointment and shall be for a period of four years, unless they shall sooner resign, die, or become disqualified or incompetent to hold office, or are transferred or promoted to another school or graduate from high school. 2. General Ex-Officio Members The term of general ex-officio members shall be for a period of four years from the time of appointment. 3. Staff Ex-officio Member The term of the staff ex-officio member shall be indefinite. 4. Holdover Office Notwithstanding, the end of any member's initial term or post-initial term as herein provided, a member, other than the staff ex-officio member, shall be permitted to continue to exercise the privileges of the former office after the end of the term until the office to which he or she was assigned is filled by reappointment or by the appointment ora qualified successor to office. 5. Vacancies Notwithstanding the term of office to which a member is assigned said office shall be deemed vacant upon any of the following events ("Event of Vacancy"): a. The death or disability of said member that renders said member incapable of performing the duties of office. b. The termination of status as a member of the commission or the classification which was assigned to be represented on the commission. 4 c. The member's conviction of a felony or crime involving moral turpitude. d. The member's absence from three regular, consecutive meetings of the commission, unless excused by majority vote of such board or commission expressed in its official minutes. e. The member has submitted a resignation which resignation has been accepted by the City Council. f. The membership has been terminated by a majority vote of the City Council. g. The member has graduated from high school. h. The member is promoted or transferred to another school. Upon the occurrence of an event of vacancy as hereinabove listed, the City council shall so declare the office to be vacant, and shall expeditiously take such steps as are necessary to fill said vacancy. B. Number of Terms I. Voting Members a. Initial classification of members shall be consistent with Section. 602(b) of the Charter. b. No voting member shall be appointed to more than two terms except as herein provided c. A voting member assigned to an initial term of less than two years may be appointed at the natural expiration of their initial term to two terms in addition to their initial term. A voting merfiber who currently occupies an office under an initial term may not be appointed to fill the unexpired term of another office which has become vacant. d. A voting member appointed to the commission to fill the unexpired term of an office of a voting member which has become vacant ("unexpired term") which has less than two years remaining on said unexpired term, may be appointed to two terms in addition to their unexpired term. A voting member who currently occupies an office may not be re-appointed to fill the unexpired term of another office which has become vacant. 2, General Ex-officio Members General ex-officio members may be reappointed without limitation as to number of terms. 3. Staff Ex-officio Member 5 The staff ex-officio member shall serve at the pleasure of the City Council. 2.46.060 Operation of Commission. A. Time of Meetings The commission shall meet monthly. Monthly meetings will be utilized for training and leadership workshops conducted by the commission's liaison staff and the senior commissioners themselves. B. Place of Meetings Unless the commission shall otherwise establish another regular place for its meetings and advise the City Clerk accordingly, the commission shall meet in the Library Conference Room in the Civic Center branch of the Chula Vista Public Library located at 365 F Street, Chula Vista, or at such other place as may be posted upon the door of said conference room at least thirty minutes in adw~nce of the meeting. C. Conduct of Meetings The meetings of the commission, and notice thereof, shall be governed by the same rules and regulations by which the City Council is bound in the conduct of public meetings. D. Quorum A majority of the voting membership shall constitute a quorum for the transaction of business. E. Resolutions The affirmative vote of a majority of the entire membership shall be required for the passage of any resolution of the commission. F. Reports and Recommendations All reports and recommendations shall be made in writing. G. Staff Support 1. All officers and department heads shall cooperate with and render reasonable assistance to the commission. The City Manager may make available staff and clerical support to the commission to fulfill its functions and duties provided such staff and clerical support is available. 6 2. The commission's liaison staff shall provide regular communications with the members of the commission to effectively facilitate the timely exchange of information in the form of projects, tasks or requests. 3. Staff shall be given flexibility to address issues which may arise during the three-year trial period that could hamper the program's success. H. Rules and Regulations The commission may make such rules and regulations not inconsistent with the provisions of this chapter. 2.46.070 Rules and Regulations (Section repealed by Ord. 2555 § l (part), 1993; Ord 1335 § 1 (part), 197l; Ord 1283 § 1 (part), 1970; prior code § 1.602 (g)). 2.46.080 Meetings-Quorum (Section repealed by Ord. 2555 § 1 (part), 1993; Ord 1335 § 1 (part), 1971; Ord 1283 § 1 (part), 1970; prior code § 1.602 (g)). 2.46.090 Ad hoe committees (Section repealed by Ord. 2555 § 1 (part), 1993; Ord 1335 § I (part), 1971; Ord 1283 § 1 (part), 1970; prior code § 1.602 (g)). 2.46.100 Duties and functions designated (Section repealed by Ord. 2555 § I (part), 1993: Ord 1335 § 1 (part), 1971; Ord 1283 {} 1 (part), 1970; prior code § 1.602 (g)). 2.46.110 Staff assistance and funding (Section repealed by Ord 2555 § I (part), 1993; Ord 1335 §1 (part), 1971; Ord 1283 81 (part), I970; prior code §1.604). 2.46.120 Sunset clause This chapter shall remain in effect only until four years after it was approved and signed by Council, and as of that date is repealed, unless a later enacted ordinance extends or deletes that date. 7 SECTION II: This ordinm~ce shall take effect and be in full force on the thirteenth day from and after its second reading and adoption. Presented by Approved as to form by David Palmer ~t~Att ~.) Deputy City Manager omey J:\Attorney\ord\chapter 2.46 8¥_? CITY OF CHULAVISTA OFFICE OF THE CITY ATTORNEY LITIGATION DATE: April 2, 2003 TO: The Honorable Mayor and Council FROM: Nora Smyth, Deputy City Attorney SUBJECT: Memorandum from the Board of Ethics regarding Revisions to the Code of Ethics Attached is a transmittal from the Board of Ethics requesting guidance from Council on proposed changes to the Code of Ethics. The Board has identified five areas in which they believe warrant examination. Those areas are 1) Clearly identifying those whom the Code of Ethics applies, 2) Confidentiality of both complainants and subjects of complaints, 3) "Whistleblower" protection for employees filing complaints, 4) Definitions of what is ethical conduct and what is unethical conduct, and 5) The relationship between the Code of Ethics and the Chula Vista Conflict of Interest Code. Staff recommends accepting the Memorandum and referring the matter to staff for review. 276 FOURTH AVENUE · CHULA VISTA" CALIFORNIA 91910 · (619) 691 5037 · (619) 409-5823 ~ PosbComumer Recycled Pa~er CITY OF CHULA VISTA BOARD OF ETHICS MEMORANDUM TO: Hon. Mayor Steve Padilla & Members of City Council FROM: Chair & Members of Board of Ethics SUBJECT: Pertinence and revision Chula Vista Municipal Code of Ethics DATE: 3/20/2003 CC: Chula Vista City Attorney's Office EXECUTIVE SUMMARY One of the codified responsibilities of the Board of Ethics (Board) is to review and recommend rexqsions to the Municipal Code of Etlfics to ensure its effectiveness and pertinence. In keeping with th/s duty, the Board recently reviewed the current the state of other California Municipal codes on ethics, and balanced it against the Chula Vista Code of Ethics. Upon such review, the Board has identified certain concerns and segments regarding the Chula Vista Code of Ethics that could warrant amendment or revision. The Board has identified certain subject areas of concern that are hsted below. Before the Board endeavors on pursUing any recommendations to revise or amend the Code of Ethics, the Board respectfully request guidance from the Mayor and City Council. The Board specifically requests guidance on whether the Mayor and City Council agree that subject areas identified should be researched by the Board for revision reconmaendations. This guidance will assist the Board on establishing priorities in the executions of its duties and resources. If the Mayor and City Council agree that further research is warranted, the Board v(ill proceed to cotranence an extensive review of the current Code of Etlxics and will provide the Mayor and City Council v,/fll a detailed revisions recommendation report. The Board appreciates the Mayor and City Council's input and guidance on this matter. The subjects areas of concern listed below are not conclusive and would welcome any additional subjects areas that the Mayor or City Council may deem worthy of review. SUB. IECT AREAS OF CONCERN 1. Textual integrity/ambiguities in statutory language regarding scope of applicability. 2. Confidentiality, consideration of adopting a confidentiality section to protect complainants and the officials who are subject of a compliant. 3. Statutory "Whistle Blower" Protection of classified and unclassified employees who report unethical conduct. 4. Statutory definitions identifying what is considered or not considered unethical conduct. 5. Statutory cohesion dictating the proper Board Lrnplementafion of the Code of Ethics, which makes reference the Chula Vista Conflict of Interest Code. Respectfully submitted by Ricardo Gibert, Chairman Board of Ethics City of Chula Vista 2 COUNCIL AGENDA STATEMENT Item ~7' Meeting Date 4/08/03 ITEM TITLE: Resolution Appropriating funds from the balance of the Transportation Development Impact Fee Fund in the amount of $70,000, to cover the unforeseen support staff time expenses and extra work in the field during construction of the "Street Widening - East "H" Street, South Side, East and West of 1-805 NB Ramps in the City of Chula Vista, California (STM-340)" Project. SUBMITTED BY: Director of Engineeringl.})) REVIEWED BY: City Manager~LJ~a aWF (4/SthsVote: YesX No_) 8-1 On August 21, 2002, the Director of Public Works received sealed bids for the "Street Widening - East "H" Street, South side, East and West of 1-805 NB Ramps in the City of Chula Vista, California (STM- 340)" Project. The work to be done consisted of street widening on the south side of East "H" Street, east and west of the 1-805 north bound ramps, related traffic signal work, and replacing asphalt concrete improvements in the center raised island median with decorative stamped concrete. As a result of unforeseen support staff costs and construction field changes, an additional $70,000 is needed to complete the contract and pay the contractor. RECOMMENDATION: That Council appropriate $70,000 from the un-appropriated balance of the Transportation Development Impact Fee Fund, to the "Street Widening - East "H" Street, south side, east and west of 1-805 NB Ramps in the City of Chula Vista, California (STM-340)" project. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The existing interchange configuration at 1-805 and East "H" Street was in need of a third eastbound lane to facilitate smoother traffic flow along East "H" Street. Providing street widening at this segment would increase capacity, improve the level of service of this major arterial, and reduce delays on southbound 1- 805. On May 7, 2002 and September 10, 2002, City Council approved Resolution Nos. 2002-138 and 2002- 364, respectively, which appropriated a total of $268,153.12 of Transportation Development Impact Fee (TransDIF) funds for the creation of CIP project STM-340 (2402340591). Engineering staff received and opened bids for the project on August 21, 2002. The amount of the contract as bid was $206,155.12. Construction of this project is complete. The project has additional costs, which need to be funded. The increase in cost is due primarily to the following items: 1. The additional work and new specifications related to the traffic signal modification. 2. Additional crushed aggregate base was needed to bridge an unstable portion of the existing subgrade in the area of the new traffic lane. Page 2, Item Lq Meeting Date 4/8/03 3. There were unexpected utility conflicts that belong to Caltrans that had to be relocated in order to complete the project as it was designed. 4. The raised median work had to be modified as a result of a shallow conduit that belongs to Caltrans and an existing asphalt pavement that is buried beneath the existing median. 5. The final lift of asphalt paving was completed at night. This was an additional cost because the permit from Caltrans required this work at night. Unfortunately, the permit was not given to the Contractor until after he bid the job. The specifications from the City allowed for this paving during the day. As of March 3, 2003, $226,490.52 had been spent on the STM-340. However, additional funds are needed to make final payments to Heftier Company, Inc and cover any additional staff time charges during the project. Additional costs are determined to be $70,000. Wage Statement The source of funding for this project is TransDIF Funds. Contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this contract. No special minority or women owned business requirements were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various minority trade publications. FISCAL IMPACT: FUNDS REQUIRED FOR CONSTRUCTION A. Estimated Final Contract Amount, Incl. Contract Change Orders (Heftier, Inc.) I $242,538 B. Equipment (McCain Traffic Supply)I $5,915 C. Estimated Miscellaneous Costs (Inci. Testing, Advertising, etc.) $10,500 D. Estimated StaffCosts (Design, Surveying, & Inspection) $79,200 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $338,153 FUNDS AVAILABLE FOR CONSTRUCTION A. TransDIF $160,000 B. TransDIF Funds Appropriated per Resolution No. 2002-364 $108 153 C. Requested Additional Appropriation of Funds from TransDIF $70:000 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $338~153 Upon completion of the project, only routine maintenance will be required. Attachment: A - CIP Detail Sheet STM-340 B - Aerial Plat J:\Engineer\aGENDA~STM340b-A 113-pgs doc RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS FROM THE BALANCE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND 1N THE AMOUNT OF $70,000, TO COVER THE UNFORESEEN SUPPORT STAFF TIME EXPENSES AND EXTRA WORK IN THE FIELD DURING CONSTRUCTION OF THE "STREET WIDENING - EAST "H" STREET, SOUTH SIDE, EAST AND WEST OF 1-805 NB RAMPS IN THE CITY OF CHULA VISTA, (STM-340)" PROJECT WHEREAS, on August 21, 2002, the Director of Public Works received sealed bids for the "Street Widening - East "H" Street, South side, East and West ofi-805 NB Ramps in the City of Chula Vista (STM-340)" Project; and WHEREAS, the work to be done consisted of street widening on the south side of East "H" Street, east and west of the 1-805 north bound ramps, related traffic signal work, and replacing asphalt concrete improvements in the center raised island median with decorative stamped concrete; and WHEREAS, as a result of unforeseen support staff costs and construction field changes, an additional $70,000 is needed to complete the contract and pay the contractor; and NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby appropriate funds from the balance of the Transportation Development Impact Fee Fund in the amount of $70,000, to cover the unforeseen support staff time expenses and extra work in the field during construction of the "Street Widening "H" Street, South side, East and West ofi-805 NB Ramps in the City of Chula Vista, (STM-340)" Project. Presented by Approved as to form by Director of Engineering City Attorney [JSATI'ORNEY~RESO\ StreefiStreet Widening H St] COUNCIL AGENDA STATEMENT Item 7 Meeting Date: 4/8/03 ITEM TITLE: Resolution Accepting Bids and Awarding Contract for the "Main Street East Median Landscape Improvements Phase II in the City of Chula Vista, CA (LD-107)" Project. SUBMITTED BY: Director of Engineerint~? REVIEWED BY: City Manager~d'C2O~, (4/Sths Vote: Yes_No X~) BACKGROUND: On March 5, 2003, the Director of Engineering received sealed bids for the "Main Street East Median Landscape Improvements Phase II in the City of Chula Vista, CA (LD-107)" Project to perform landscape median improvements on Main Street east of Nirvana Avenue in the City of Chula Vista. The low bid of $141,590 was received from A.B. Hashmi of Lakeside, California (see table). The contractor will perform all work necessary to improve the median as shown in the drawings and specifications provided to them, and in accordance with City standards. RECOMMENDATION: That Council accept bid and award the contract for the "Main Street East Median Landscape Improvements Phase II in the City of Chula Vista, CA (LD-107)" Project to A. B. Hashmi, in the amount of $141,590.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The general scope of this project provides for the enhancement of landscaping of the median on Main Street east of Nirvana Avenue, and will improve the appearance of this major roadway which is at the entrance to the Amphitheatre and the Water Park. The work to be performed includes all labor, material, equipment, tools, transportation, mobilization, planting of new plants, irrigation for new shrubs, adjustment of existing median lights, traffic control, removal and disposal of existing improvements, protection and restoration of existing improvements, and other miscellaneous work necessary for the project. Engineering staff prepared the contract documents and advertised the project. Staff received and opened bids on March 5, 2003. The City received bids from five contractors as follows: CONTRACTOR BID AMOUNT 1. A.B. Hashmi - Lakeside, California. $141,590.00 2. 3-D Enterprises San Diego, California $144,600.00 Page 2, r] Meeting Date 4/8/03 CONTRACTOR BID AMOUNT 3. HTA Engineering & Construction, Inc. - La Mesa, California $147,800.00 4. Heffier Company Inc. - National City, California $189,075.00 5. Zondiros Corp. - San Diego, California $218,030.00 The low bid by A.B.Hashmi is approximately 34%, or $35,809, above the Engineer's estimate of $105,781.00. However, Engineering staffhas performed a review ofthe low bid and has fom~d it to be in line with project specifications. In addition, the references provided by the contractor have been checked and verified, revealing that the contractor has a history of satisfactory work. Therefore, staff recommends awarding the contract to A.B. Hashmi of Lakeside, California. Disclosure Statement Attachment A is a copy of the Contractor's Disclosure Statement. Environmental Status Pursuant to Section 15063 of the California Environmental Quality Act (CEQA), a review of the proposed action by the Planning and Environmental Services Manager, representing the City of Chula Vista in its role as Lead Agency, has deternfined that a previous Final Environmental Impact Report (FEIR) has adequately examined the effects. Staff makes reference to Final Environmental Impact Report #89-1 (FEiR-89-1 ) - Otay Valley Road (now Main Street) Widening Project, certified by the City Council of the City Chula Vista on 1991. FEIR #89-1 adequately addressed the street widening program efforts, which included implementation of median landscaping. FEIR #89-1 categorically states that cumulatively, the landscape design will create a scenic enhancement along the roadway. The FEIR addressed the proposed installation of landscaping within the roadway medians, including decorative pavements, with trees and shrubs. The Lead Agency has therefore determined on the basis of substantial evidence in light of the whole record, that the proposed activity does not constitute substantial changes requiring revisions to FEIR #8%1 or substantial changes with respect to the circumstances under which the activity is being undertaken. The proposed installation of landscaping features does not propose to expand nor change the basic landscape design concept of the original street widening effort. The propose activity would not create additional impacts; therefore, no new mitigation measures would be required. Procedurally, it will not be necessary to circulate the project for environmental review. Wage Statement Contractors bidding on this project were not required to pay prevailing wages to persons employed by them for work under this project. No special minority or women owned business requirements were necessary as part of the bid documents. However, the "Notice to Contractors" was sent to various trade publications in order to encourage disadvantaged businesses to bid on the project. 7-9-- Page 3, Meeting Date 4/8/03 FISCAL IMPACT: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $141,590.00 B. Contingencies (10%) $14,159.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $155,749.00 FUNDS AVAILABLE FOR CONSTRUCTION A. Assessment District 90-20tay Valley Road Improvement $155,749.00 Fund (50700-2381107507) TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $155,749.00 The General Fund will contribute toward staff costs on this project. Upon completion of the project, the improvements will require routine City maintenance. Auachments: A - Contractor's Disclosure Statement File No. 0735-10-LD-107 J:\Engineer~AGEN DA\kD 107-A I 13-CM doc '7-.3 ATTACHMENT THE CITY OF (:HULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign con~butions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons hav/ng a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. 2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. 3. If any person* identified pursuant to (1) above is a non-profit organizahon or trust, list thc names of any person serving as director of the non-profit organization or as Irustee or beneficiary or tmstor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. .lo J 14 J:kEngin eer~DES IGNSLD 107~LD 107 Contract. doc 5. Has any person* associated with this con~ract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes No ~ If Yes, briefly describe the nature of the financial interest the official** may have in this contract. 6. Have, you ~m.,ade~a c.on~buti_o.n of more.than $250 within the, Jtast twelve (12) months to a current memoer o~me ~nma v~sta C~ty Council? Yes No ~r If Yes, which Council member9 7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives, non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No ~ If Yes, which Council member? 8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes __ No ~ If Yes, which official** and what was the nature of item provided? Date: ~15'1o3 ~ s ignature of ¢ontractoY/Applicant Print or type name of Contractor/Applicant * Person is de£med as: any individual, firm, co-partnership, joint venture, association, social club fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other p~lifical subdivision, -or any other group.or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staffmembers. 15 J:LEngineerkDES I GN~LD 107XLD 107 Contract.doc RESOLUTION NO. 2003 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING B1DS AND AWARDING A CONTRACT FOR THE "MAIN STREET EAST MEDIAN LANDSCAPE IMPROVEMENTS PHASE 1I IN THE CITY OF CHULA VISTA (LD-107)" PROJECT WHEREAS, on March 5, 2003 the Director of Engineering received the following five sealed bids for the "Main Street East Median Landscape Improvements Phase II in the City of Chula Vista (LD-107)" project: RANK CONTRACTORS BID AMOUNT 1 A.B. Hashrni Lakeside, California $141,590 2 3-D Enterprises San Diego, California $144,600 3 HTA Engineering & Construction, Inc. - La Mesa, California. $147,800 4 Heffier Company, Inc. National City, Califomia $189,075 5 Zondrios Corp. San Diego, Califomia $ 218,030 WHEREAS, the low bid for the project by A. B. Hashimi is approximately 34% higher than the Engineer's estimate of $105,781 by $35,809, but is consistent with project specifications; and WHEREAS, Engineering staff verified the references provided by the contractor and the their work has been satisfactory; and WHEREAS, Engineering staff has reviewed the low bid and recommends awarding the contract for $141,590 to A.B. Hashimi; and WHEREAS, the City's Environmental Review Coordinator reviewed the project for compliance with the California Environmental Quality Act and determined that the impacts of the project are adequately addressed in a previous Environmental Impact Report (FEIR #89-1); and NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept bids and award the contract for the "Main Street East Median Landscape Improvements Phase II in the City of Chula Vista (LD-107)" to A. B. Hashimi, in the amount of $141,590. Presented by Approved as to form by Cliff Swanson Ann Moore Director of Engineering City Attorney H:\home~attorney\reso\bids\Main Street East.bid COUNCIL AGENDA STATEMENT Item ~ Meeting Date 04/08/2003 ITEM TITLE: Resolution Accepting $50,000 fi.om the California Border Alliance Group (CBAG) for the purchase of two vehicles and amend the FY 02-03 Police Department budget therefore. SUBMITTED BY: Chief of Policey REVIEWED BY: City Manager ¢,~ (4/Sth Vote: Yes X No.~) Accepting $50,000 for the purchase of two vehicles to support operations of the Southwest Border High Intensity Drag Trafficking Area (SWBHIDTA). RECOMMENDATION: Council adopt the resolution accepting $50,000 from the California Border Alliance Group (CBAG) for the purchase of two vehicles and amend the FY 02-03 Police Department budget therefore. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: In the United States, there are 28 geographical areas designated as High Intensity Drug Trafficking Areas (HIDTA). These areas are designated as such due to the amount of illegal drug related activity including manufacturing, distribution and sales. The main mission of each HIDTA is to stop the manufacture, distribution and sales of illegal narcotics. In the early 1990's, the City of Chula Vista became involved with one of the five South West Border High Intensity Drug Trafficking Area's (SWBH1DTA), the California Border Alliance Group (CBAG). CBAG's operational area encompasses both the San Diego and Imperial counties. The Police Department currently has four o£ficers assigned to various task forces within CBAG, which are comprised of personnel fi.om federal, state and local law enforcement agencies. Furthermore, the Police Department entered into an agreement with the Office of National Drug Control Policy in 1996 to be the fiscal agent for the CBAG. As part of the operational agreement, CBAG has provided two vehicles to our department to aid in operations throughout the SWBHIDTA. These vehicles were provided through a master lease agreement that CBAG administered. This leasing agreement is no longer cost effective for CBAG and also causes a significant burden when licensing the vehicles. In order to increase efficiency and cost effectiveness, CBAG is asking each participating agency in the SWBHIDTA to purchase their own vehicles and CBAG will reimburse the agency for the cost of the vehicles. For Chula Vista, this means purchasing two new vehicles. The City will maintain ownership of the vehicles unless the City withdraws fi.om the SWBHIDTA/CBAG agreement. If the City withdraws, then the City will need to offer the two vehicles to one of the other participating agencies within SWBHIDTA. When the vehicles are at the end of their operational lifecycle, the department will request further funding fi.om CBAG to replace the vehicles. Page 2, Item Meeting Date 4/8/03 FISCAL IMPACT: The cost to purchase these vehicles is $50,000. However, CBAG will fully reimburse the City for the cost of these vehicles. There are ongoing vehicle maintenance costs of approximately $2678 each per year that will be absorbed through the department's current budget. RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $50,000 FROM THE CALIFORNIA BORDER ALLIANCE GROUP (CBAG) FOR THE PURCHASE OF 'I'WO VEHICLES AND AMEND THE FY 02-03 POLICE DEPARTMENT BUDGET THEREFORE. WHEREAS, the Police Department participates in the Southwest Border High Intensity Drug Trafficking Area known as the California Border Alliance Group (CBAG); and WHEREAS, CBAG has provided two vehicles to the department to aid in the operations within the Southwest Border High Intensity Drug Traffickeing Area; and WHEREAS, CBAG will be canceling their automotive lease program and has asked the department to pumhase two cars; and WHEREAS, CBAG will fully reimburse the department for the purchase price of these two vehicles; NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept and appropriate $50,000 from the California Border Alliance Group for the ~urchase of two vehicles. Presented by: Approved as to form by: Richard P. Emerson Police Chief City Attorney J:~Attorney\Reso\cbag police COUNCIL AGENDA STATEMENT Item'S__ Meeting Date 04/08/2003 ITEM TITLE: Resolution Approving a purchasing agreement in the amount of $30,950 with Chuta Vista Electric Company to install a 600-amp electrical system upgrade at John Lippitt Public Works Center for the City's Electrolyzer, a fast-fill, portable hydrogen generating fuel station and appropriating funds thereof. SUBMITTED BY: Director - Public Works Operation~.~,~ / Special Operations Manager - Ad~min /~I~- REVIEWED BY: City Manager ~ ~ (4/5ths Vote: Yes X No ) On June 11, 2002, the City Council approved acceptance of grant funds and authorized execution of implementing agreements with the California Energy Commission (Commission), Department of Energy (DOE) and SunLine Transit Agency to purchase and install a fast-fill, portable hydrogen generating fuel station - "Electrolyzed' - for the City of Chula Vista's Fuel Cell Bus Demonstration Project. The City's Electrolyzer has been delivered by Stuart Energy and is now at the John Lippitt Public Works Center. Installation of the Electrolyzer requires an upgrade to the electrical system at the Public Works Center. The upgrade entails addition of a 600-amp electrical panel. This resolution is to approve a purchasing agreement for the electrical system upgrade. The upgrade will be funded by unspent and unencumbered fuel cell grant funds from the Metallic Power passenger fuel cell vehicle demonstration project (Fund 28510). Three bidders were contacted for an informal bid, and Chula Vista Electric, a local company, was the Iow bidder with a bid of $30,950. RECOMMENDATION: That City Council adopt the resolution approving a purchasing agreement in the amount of $30,950 with Chula Vista Electric Company to install a 600-amp electrical system upgrade at John Lippitt Public Works Center for the City's Electrolyzer, a fast-fill, portable hydrogen generating fuel station and appropriating funds thereof. BOARD/COMMISSION RECOMMENDATION: NA DISCUSSION: The Electrolyzer, a Stuart Energy CFP-1350, has been delivered and is ready for installation at the John Lippitt Public Works Center. Installation of the Electrolyzer will require an upgrade to the electrical system at the Public Works Center, part of which includes a 600-amp electrical panel to accommodate the Electrelyzer. Based on the amount of the project, public works contract procedures requires an informal bid process. Three bidders were contacted for an informal bid based on specifications developed by Michael Wall Engineering, Inc. Chula Vista Electric, a local company, was the Iow bidder with a bid of $30,950 (see chart below). i Chula Vista Electdc 30,950 Dyna Electric 35,726 Fleetwood Electric 53,433 This fueling station will enable the City to provide clean hydrogen fuel to test and demonstrate the capabilities of clean-emission hydrogen fuel cell vehicles including transit busses and passenger vehicles. If Council approves this resolution, a purchasing agreement will be issued to Chula Vista Electric for construction services to upgrade the electrical system at the Public Works Center to support the Electrolyzer installation. FISCAL IMPACT: No impact to the General Fund. The City has $50,000 in unspent and unencumbered grant funds from the Commission allocated to the Metallic Power passenger vehicle zinc fuel cell demonstration project (Fund 28510). The CEC has approved reallocation of the funds to support infrastructure modifications to install the Electrolyzer and support expansion of the existing 4kw Photovoltaic System (PV) to provide clean power for the Electrolyzer. This contract is for $30,950. The balance of the funds, $19,050, will be used to support other identified infrastructure modifications and development of specifications to upgrade the existing PV System. Funding for the PV upgrade will be pursued through the Commission. RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO APPROVING A PURCHASING AGREEMENT IN THE AMOUNT OF $30,950 WITH CHULA VISTA ELECTRIC COMPANY TO INSTALL A 600~AMP ELECTRICAL SYSTEM UPGRADE AT JOHN LIPPITT PUBLIC WORKS CENTER FOR THE CITY'S ELECTROLYZER, A FAST-FILL, PORTABLE HYDROGEN GENERATING FUEL STATION AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) WHEREAS, on June 11, 2002, the City Council accepted grant funds and approved implementing agreements with the California Energy Commission (Commission), Department of Energy (DOE) and SunLine Transit Agency to purchase and install a fast-fill, portable hydrogen generating fuel station ("Electrolyzer") for the City of Chula Vista; and WHEREAS, the Stuart Energy CFP-1350 Electrolyzer has been delivered and is ready for installation at the John Lippitt Public Works Center; and WHEREAS, installation of the Electrolyzer will require an upgrade of the electrical system at the Public Works Center part of which involves the addition of a 600- amp electrical panel; and WHEREAS, staff realized, based upon an initial analysis, that it was possible to solicit bids under $50,000 for the electrical work; and WHEREAS, staff elected to pursue informal bids in accordance with Section 1009 of the City Charter for the purpose of expediting the administrative process; and WHEREAS, based on specifications developed by Michael Wall Engineering, inc., the City received the follo~ving three informal bids for the project: Company Bid Amt Chula Vista Electric $30,950 Dyna Electric $35,726 Fleetwood Electric $53,433 WHEREAS, staff has reviewed the low bid of $30,950 and is recommending approving the Purchasing Agreement to Chula Vista Electric, Inc. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby waive the competitive bidding process and accept informal bids and approve the Purchasing Agreement with Chula Vista Electric, Inc. in the amount of $30,950 to perform a 600-amp electrical system upgrade at the City's Public Works Center. Presented by Approved as to form by Cliff Swanson Ann Moore Director of Engineering City Attorney COUNCIL AGENDA STATEMENT Item ~0 Meeting Date April 8, 2003 ITEM TITLE: Resolution Accepting the Agreement for Used Oil Recycling Block Grant # UBG7-01-6055 from the CA Integrated Waste Management Board, Authorizing the City Manager to Execute All Documents in Conjunction with Administering the Grant and Appropriating $89,607 to Implement the Grant. SUBMITTED BY: Special Operations Manager/~/'~'/////~/k",¢¢/~ REVIEWED BY: City Manage~_ ,0,'¢ (4/5ths Vote: Yes X No ) BACKGROUND: The California Used Oil Enhancement Act requires the collection of four cents for every quart of lubricating oil sold, transferred and imported into California from oil manufacturers. Chula Vista consumers pay four cents per quart into the fund when they purchase oil. The Act mandates the California Integrated Waste Management Board (CIWMB) use a portion of the funds to provide block grants to local governments for used oil programs that encourage used oil recycling. The Council passed Resolution No. 2000-085 on March 21,2001 accepting the Used Oil Block Grant # UBG7-01-6055. The CIWMB grant agreement documents are in standard form that the City has entered into previously and no special risk and/or issues arise from the document. The State has sent the City a check for $80,646 and will withhold the remaining 10% until the grant is fully executed and a final report is submitted. The state also allows unused funds from the first two fiscal years of a three- year grant cycle to be carried forward to the end of the grant cycle. RECOMMENDATION: That the City Council adopt the resolution authorizing the City Manager to execute all documents in conjunction with executing the grant and appropriate funds therefore. BOARD/COMMISSIONS RECOMMENDATION: N/A /0 -/ DISCUSSION: This grant is a "regional" program that includes the Cities of Chula Vista, Imperial Beach, and National City. The program targets a regional problem that affects all the Cities that share the South Bay watershed. The primary purpose of this block grant is to provide $89,607 to continue technical assistance and provide new supplies for approximately 40 free used oil recycling drop-off centers established and maintained under the previous grants for the next year. Programs that have benefited from funding in the past includes: · The Chula Vista and Imperial Beach curbside used oil and oil filter collection program - funding may be used to fund a curbside used oil and filter program for National City if they choose to add them. · A state required public education component, which promotes the used oil curbside and drop-off programs for all participating cities. That public education component will allow the City to continue advertising, portable displays, point of purchase displays, the used oil hotline, billing inserts and other promotional activities throughout the South Bay. · Providing oil filter crushers and oil filter collection for at least two automotive related businesses in each participating city. · To offset some of the public education and supply costs associated with used oil recovery at the proposed household hazardous waste facility for the South Bay. No local matching funds are required by the State, however the City does invest some public education funds from the Recycling Program and the Non-Point Discharge Elimination Program (NPDES) to fund complimentary activities, including but not limited to the hotline information and reporting program, promotional, and outreach program costs. The grant also provides funds for overhead costs such as appropriate Administration and Finance Department support services. FISCAL IMPACT: The grant will provide $89,607 to implement used oil recycling education and promotion through the 2003/2004 fiscal year. If approved $89,607 will be appropriated for this year's budget and next fiscal year's budget. There is no additional fiscal impact as a result of the recommended action to adopt the attached resolution. The program does not require matching funds, however it does allow the Special Operations Manager to more effectively compliment other funds approved by Council for recycling, household hazardous waste and NPDES public education, collection and prevention programs. The grant provides funds to cover direct and overhead costs that are required by the program's implementation. mtm:used oil mtmc:ubg7-01-6055-reso-cas Attachments Line Item Budget Used Oil Block Grant # UBG7-01-6055 for $89,607 - through June 30, 2004 28135 - Fiscal Years 2002/2003 and 2003/2004 Appropriations Personnel: Salary 5105, 22,150 Hourly 18,000 Medicare 580 Pars 4,202 Pers 675 Personnel Total 45,607 Staff Services: Conservation Coordinator, Finance, Clerical Support (5291) 2,000 Contracts: Hotline, Service of Centers Curbside Service: (5298) 30,000 Vehicle Maintenance and Gas: (the van) 2,000 Materials and Supplies: (5398) 10,000 Total $ 89,607 RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE AGREEMENT FOR USED OIL RECYCLING BLOCK GRANT #UBG7-01-6055 FROM THE CA WASTE MANAGEMENT BOARD, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH ADMINISTERING THE GRANT AND APPROPRIATING $89,607 TO IMPLEMENT THE GRANT WHEREAS, on March 21,2001, the City Council passed Resolution No. 2000-085 accepting the Used Oil Block Grant #UBG7-01-6055; and WHEREAS, the State has sent the City a check for $80,646 and will withhold the remaining 10% until the grant is fully executed and a final report is submitted; and WHEREAS, this grant is a "regional" program that includes the Cities of Chula Vista, hnperial Beach, and National City; and WHEREAS, the primary purpose of this block grant is to provide $89,607 to continue technical assistance and provide new supplies for approximately 40 free used oil recycling drop-off centers established and maintained under the previous grants for the next year; and WHEREAS, the California Used Oil Enhancement Act mandates the California Integrated Waste Management Board (CIWMB) use a portion of the funds to provide block grants to local governments for used oil programs that encourage used oil recycling. NOW, THEREFORE, BE 1T RESOLVED the City Council of the City of Chula Vista does hereby (1) accept the agreement for Used Oil Recycling Block Grant #UBG7-01-6055 from the CA Waste Management Board; (2) authorize the City Manager to execute all documents in conjunction with administering the grant in final forms approved by the City Attomey; and (3) appropriate $89,607 to implement grant. Presented by Approved as to form by David Palmer //~n .M~ore Deputy City Manager J:\A'[ I'ORNEY\RESO\grant\Used Oil Recycling CITY COUNCIL AGENDA STATEMENT Item: ! [ Meeting Date: 04/8/03 ITEM TITLE: PUBLIC HEARING: GPA-3-02/PCM-03-10; Consideration of amendments to the City of Chula Vista General Plan, Eastlake II and III General Development Plans and Eastlake II and III Sectional Planning Area (SPA) Plans in order to change the designation of a 4.4-acm parcel located on the east side of the future Eastlake Parkway, and north of Olympic Parkway from PQ and CPF to Medium High Density Residential. RESOLUTION: approving amendments to the Chula Vista General Plan Land Use Diagram, Eastlake II and III General Development Plan m~d Eastlake Il and III Sectional Planning Area (SPA) Plans and associated regulatory documents. ORDINANCE: approving amendments to the Eastlake II Planned Community District Regulations Land Use District Map. SUBMITTED BY: Director of Planning and Buildingl]~j Cit Mana er(~V' (4/5 Vote: Yes No X ) REVIEWED BY: Y g 4~~ 9 ¢" The applicant, The Eastlake Company, has submitted applications to amend the City's General Plan, Eastlake II and EastLake III General Development Plans (GDP), Eastlake II and III Sectional Planning Area (SPA) plans and associated regulatory documents to convert 4.4 acres (hereby referred to as ("Project Site") located on the east side of future EastLake Parkway and north of Olympic Parkway (see Locator) from Public/Quasi-Public to Medium High Density Residential. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project was covered by the Final Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-Zone and Annexation (FSEIR 86-04) and Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program (FSEIR 97-04). The Environmental Review Coordinator has determined that only minor technical changes or additions to the documents are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent EIR have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to FSEIR 86-04 and FSEIR 97-04. RECOMMENDATION: Adopt attached Resolution GPA-03-02, PCM 03-10 recommending that the City Council adopt the _1 Page Z Item: ] Meeting Date:. addendum to FSEIR 86-04 and FSEIR 97-04 and approve the proposed amendments to the General Plan, EastLake II and EastLake m General Development plans, Eastlake II and 1~ Sectional Planning Area (SPA) Plans and associated regulatory docamcnts. BOARDS AND COMMISSION RECOMMENDATION: Because the Planning Commission hearing on this item has been scheduled for a day following the preparation of this report, staff will be prepared to give a verbal presentation of the Pl~mning Commission recommendation at the City Council Meeting. DISCUSSION: 1. Existing Site Characteristics The Project Site is a triangular shaped parcel located on the east side of EastLake Parkway and surrounded by the following land uses: Surrounding Land Uses Chula Vista GDP Land PC District Municipal General Plan Use (Land Use Existing Code Designation Designation District) Land Use Project Site PC (Planned Public/Quasi- PQ, Public/ CPF, Vacant Community) Public Quasi-Public Community Purpose Facility South PC (Planned Medium High MH RM-25 Vacant Community) Residential ( 11 - 18 du/ac) (11-18 du/ac) East PC (Planned Low Medium PQ, CPF, Utility Community) Residential (3-6 Pubic/Quasi- Community Easement du/ac) Public Purpose Facility West (across PC (Planned PQ, Public/ Public/Quasi PQ, Pubic/ OWD Water EastLake Community) Quasi-Public Public Quasi-Public Storage Tank Parkway) North PC (Planned Public/Quasi- Public/Quasi- PQ, Religious Community) Public Public Public/Quasi- Institution Pubic The existing grading of the "project site" already reflects the anticipated merger of the "project site" with approximately 1.6 acres from the existing Land Swap Residential Parcel to the south. In conjunction with the grading for improvements to EastLake Parkway, this newly created 6-acre level pad contains slopes on three sides. The slopes range from up to 22 feet along the south Page 3, Item: / Meeting Date: property line, up to 8 feet along EastLake Parkway and up to 18 feet along the east property line. Access to the site is at the southwest comer of the parcel where it is aligned with the commercial center across EastLake Parkway. The intersection is planned to be signalized to provide right and left turn movements. 2. Project Description General Pl~n Amendment~ Amend the Land Use Diagram to change the land use designation of the "project site" from Public Quasi-Public to Medium High Residential (11-18 du/ac) (see page 3 of Attachment 2). General Development Plan (GDP) Amendment~ EastLake II GDP Change the land use designation from PQ, Public/Quasi-Public, to MH, Medium High Residential Medium High (11-18 du/ac) (see pages 5 & 6 of Attachment 2). Modify the Land Use statistics table to reflect the conversion of 4.4 acres from Public/Quasi- Public to Residential Medium-High (11-18 du/ac) (see page7 of Attachment 2). Modify Section I. 1.11.3, Community Purpose Facilities Master Plan to reflect the reduction of 4.4 acres and eliminate the site as a potential Community Purpose Facility Site (see pages 9-11 of Attachment 2). EastLake III Modify Section I.l.11.3, Community Purpose Facilities Master Plan to reflect the reduction of 4.4 acres and eliminate the site as potential Community Purpose Facility site (see pages 14-16 of Attachment 4). RPA Pl~n Arnendment~ Eastlake II SPA Merge the southern 4.4 acres of the GPQ-2 parcel with the 65-acre southerly adjacent GR-9 parcel, decreasing GPQ-2 from 15.8 acres to 11.4 acres and increase parcel GR-9 from 65 to 69.4 acres. The number of permitted dwelling units for Parcel GR-9 will remain the same (750 units) as shown on the Site Utilization Plan (see pages 18 & 19 of Attachment 2). Page 4, Item: Meeting Date: Change the EastLake II Planned Community District Regulations Land Use Districts Map from CPF, Community Purpose Facility to RM-25, Residential Multi-Family (see pages 30 & 31 of Attachment 2). Modify Section II.2.7.13 (EastLake Trails Neighborhood Plan), Community Purpose Facilities Master Plan to reflect the reduction of 4.4 acres and eliminate the site as a potential Community Purpose Facility site. EastLak¢ UI SPA Modify Section 11.2.7.13, Con*-nunity Purpose Facilities Master Plan, to reflect the reduction of 4.4 acres and eliminate the site as potential Community Purpose Facility site. 3. Analysis General Plan Amendment The Project Site is located immediately adjacent to an existing multi-family residential site with a density range of 11-18 du's per acre. The proposed land use change, which is primarily to adjust the excess acreage designated for Community Purpose Facilities in EastLake, is an extension of the existing multi-family site to the south. The site is located in close proximity to schools, parks, commercial centers and local and regional transportation corridors. Thus, the proposed land use change is consistent with the housing goals and objectives described in the Housing Element of the General Plan. General 1'3evelc?ment PIan/RPA Amendmcnls As indicated above, the conversion of the Project Site to residential reflects EastLake's desire to reduce the excess CPF acreage provided for the EastLake Greens, Trails and EastLake I~. Since the site is annexed to the southerly adjacent multi-family parcel, the result is a larger multi-family site without increasing the adopted number of permitted dwelling units (750 units). As illustrated in the adopted and proposed GDP (GR-9), the site is separated from the easterly residential area (Greens single-family detached) by a 200-foot wide utility easement, and properly located near future schools, shops and transportation facilities. l,and 1 J~e District The Municipal Code requires that the developer set aside 1.39 acres of community purpose facility (CPF) designated land per 1000 persons. Based upon the projected buildout population of the Community Purpose Facility Master Plan area (Greens, Trails and EastLake liD, reflected in the projected number of dwelling units as shown in the Table below, the developer would be required to provide 26.7 acres. The currently designated area amounts to 31.1 acres on four Page 5, Item: ~ Meeting Date: different sites (see page 10 of Attachment 2). Thus, the CPF Master Plan contains an excess of 4.4 acres. Therefore, the change in designation of the "project site" from CFP to RM is consistent with the City's Community Purpose Facility Ordinance. Community Purpose Facility Acres for EastLake EastLake II GDP* EastLake II EastLake III Greens Neigh** GDP* (adopted GDP) Total Trails Neigh. Dwelling Units 3,443 1,143 2,061 6,647 CPF ac/du 0.004003 0.004003 0.004003 CPF Required (ac) 13.8 4.6 8.3 26.7 CPF Provided (ac) 15.§11.4 4.6 10.8 31.126.7 * EastLake I SPA (North ~ foray Lakes Road) is excluded from this table. * * Includes proposed Land Swap amendment. The CPF Master Plan was adopted to allow the developer the flexibility to distribute CPF designated land among the different neighborhoods within the adopted Master Plan. For this reason, the Greens neighborhood appears to have less land than required. However, the shortage is balanced with the excess shown for the Eastlake III GDP. 4. Conclusion For the reasons stated above, staff recommends adoption of the Resolution recommending that the City Council adopt the Addendum and the land use amendments. FISCAL IMPACT: The costs associated with processing the project is covered by the applicant's deposit account. Planning Commission Resolution 2. Amendment Pages 3. Addendum 4. Disclosure Statement EASI-LAKE HIGH SCHOOL OTAY RANCH VILLAGE ~ FIVE GP/GDP/SPA GREENS OTAY RANCH V]LLAGE SIX OTAYRANCH VILLAGE ELEVEN LOCATOR ATTACHMENT 1 PLANNING COMMISSION RESOLUTION RESOLUTION NO GPA-03-02/PCM-03-10 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDMENTS TO THE GENERAL PLAN LAND USE DIAGRAM, EASTLAKE II AND I~ GENERAL DEVELOPMENT PLANS, EASTLAKE II AND llI SECTIONAL PLANNING AREA (SPA) PLANS AND ASSOCIATED REGULATORY DOCUMENTS - THE EASTLAKE COMPANY WHEREAS, duly verified applications were filed with the City of Chula Vista Planning and Building Department on October 3, 2002 by the EastLake Company requesting amendments to the City of Chula Vista General Plan, EastLake II and HI General Development Plans, EastLake II and I11 Sectional Planning Area (SPA) Plans and associated regulatory documents ("Project"), and, WHEREAS the area of land, which is the subject of this Resolution commonly known as portion of Parcel GPQ-2 in the EastLake II SPA and located on the east side of the future EastLake Parkway, and approximately 2,100 fl. north of Olympic Parkway within the EastLake Green Planned Community ("Project Site"); and, WHEREAS, the proposed amendment to the General Plan consists of changing the land use designation of said 4.4 acre parcel fi.om Public/Quasi-public to Medium High Residential (11-18 du/ac); and, WHEREAS, the proposed amendments to the EastLake II General Development Plan (GDP) consist off 1) changing the land use designation of the "Project Site" from Public Quasi-public to Medium High Density Residential (11-18 du/ac); and 2) modify Section 1.1.11.3 of the EastLake II GDP and the same section of EastLake III GDP, Community Purpose Facilities Master Plan, to reflect the reduction of 4.4 acres and eliminate the site as a potential Community Purpose Facility site; and, WHEREAS, the proposed amendments to the EastLake 1I Sectional Planning Area Plan consist of: 1) amending the EastLake II Planned Community District Regulations, Land Use Districts Map to change the land use designation of the Project Site fi.om CFP, Community Purpose facility, to RM-25, Residential Multifamily; 2) amend the Site Utilization Plan to merge the southern 4.4 acres of GDP-2 parcel with the southerly adjacent GR-9 parcel, decreasing GPQ-2 from 15.8 acres to 11.4 acres and increase parcel GR-9 fi~om 65 acres to 69.4 acres; and 3) modify Section 11.2.7.13 of the EastLake II SPA (EastLake Trails Neighborhood Plan) and the same Section of the EastLake III SPA, Conununity Purpose Facilities Master Plan, to reflect the reduction of 4.4 acres and eliminate the site as a potential Community Purpose Facility site; and, WHEREAS, the Environmental Review Coordinator has determined that any impacts associated with the Project have been previously addressed by the FSEIR 86-04, Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and FSEIR 97-04, Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program, and has, therefore, prepared an addendum to said FSEIRs. The Project is in substantial conformance with the analysis in the FSEIRs and, therefore,approval and implementation of the Project does not change the basic conclusions of these FSEIRs. The has been prepared in accordance with requirements of the California Environmental Quality Act, State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista; and, 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 circulation in the city and its mailing to property owners and tenants within 500 feet of the exterior boundaries of the property at least 10 days prior to the heating; and, WHEREAS, the heating was held at the time and place as advertised, namely 6:00 p.m., April 2, 2003, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the Addendum to FSEIR 86-04 (EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-Zone and Annexation), FSEIR 97-04 (EastLake Trails/Greens Replanning Program) and the attached draft City Council Resolution and Ordinance, approving the Project in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 2nd day of April, 2003, by the following vote, to-wit: AYE S: NOES: ABSENT: Russ Hall, Chairperson ATTEST: Diana Vargas, Secretary ATTACHMENT 2 AMENDMENT PAGES //-/0 Amendment to "Land Swap" CPF EastLake II & III GDP EastLake II & III SPA EastLake Greens Neighborhood REVISED DRAFT January 28, 2003 Sx'a4keom'-=- Text Deleted Underline = Text Added Project Sponsor: The EastLake Company 900 Lane Avenue, Suite 100 Chula Vista, CA 91914 Contact: Guy Asaro (619) 421-0127 Prepared by: Cinti Land Planning 2932 Poinsettia Drive San Diego, CA 92106 Contact: Gary P. Cinti (619) 223-7408 General Plan Amendment · Revise map to change 4.4 acres of Public/Quasi-Public to Medium High Residential (see exhibits on the following pages) (1/28/03) Page2of34 (1/28/03) Page3ofJ4 EastLake II General Development Plan · Revise General Development Plan map to change 4.4 acres of the CPF site adjacent to the SDG&E easement to Medium High Residential with no increase in units permitted. · Revise Table "B" to reflect change in Land Use statistics · Revise Section 11 to reflect statistical and exhibit revisions due to change in CPF site gl. (1/28/03) Page4of34 (1/28/03) PageS of 34 (1/28/03) page6of34 Table B GDP Land Use Statistics (acres) Land Use Category NEIGHBORHOOD AREA TOTALS Hills Shores Salt Creek Greens Trails Business I Center~- RESIDENTIAL Low (0-3 du/ae) 109.4 0 43.6 34.4 10.4 0 197.8 Low-Medium (3-6 du/ac) 35.3 36.4 0 183.9 195.6 0 451.2 Medium (6-11 du/ac) 0 66.3 0 156.1 18.4 0 240.8 Medium-High (11-18 0 24.3 28.5 99.5 0 0 152.3 du/ac) 103.9 156.7 High (18-27 du/ac) 0 10.3 0 0 0 0 10.3 Sub-total 144.7 137.3 72.1 473.7 224.4 0 1052.4 478.3 1056.8 NON- RESIDENTIAL Retail Cormnercial 0 0 0 19.6 0 38.1 57.7 Freeway Commercial 0 0 0 50.7 0 0 50.7 Professional & 0 0 0 24.7 0 13.6 38.3 Administrative Research & Limited 0 0 0 0 0 245.1 247.3 Manufacturing Open Space 93.6 54.8 18.9 37.9 5.3 4.6 215.1 Public/Quasi-public 10.0 0 0 85.3 17.8 0 113.1 80.9 108.7 Parks & Recreation 2.4 21.4 0 197.8 51.5 9.1 282.2 Major Circulation * * * 105.0 16.0 * 224.9 Future Urban 0 0 0 0 0 0 0 Sub-total 2o9.6. 76.2* 18.9' ~,.,, ..... 90.6* 516.6' 1224.9 TOTAL 2281.7 · Acreage not allocated (Sub-total excludes Major Circulation, except for Greens & Trails Neighborhoods) ~ Includes Village Center North uses. (1/28/03) Page 7of 34 1.11 Implementation 1.11.1 Growth Management/Phasing This GDP will be used by the City and the developer to ensure that development occurs in an orderly fashion and that public facilities are provided concurrent with need while, at the same time, providing flexibility to allow the developer to respond to changing market conditions. The conceptual phasing information has been and will be presented in the SPA Plan to be developed primarily for the purposes of determining preliminary circulation and public facility requirements. The objective of these phasing plans is that public facilities will be provided concurrent with need and in accordance with the threshold standards established by the City of Chula Vista. . 1.11.2 Community Facilities & Improvements Specific community facility requirements will be identified for each SPA Plan. The following standards have been established for community facilities. · Circulation: Development within EastLake II shall comply with the City's Level of Service "C" requirement for the operation of circulation element roads. A transportation phasing plan consistent with the City's Growth Management Element shall be incorporated into the SPA Plans to ensure that level of service standards are met. · Water: 2~ detailed water master plan shall be prepared in conjunction with each SPA Plan. The water master plan shall be subject to review and approval by the Otay Water District. · Sewer: A detailed sewer master plan shall be prepared in conjunction with each SPA Plan. The sewer master plan shall include consideration of reclaimed water and shall be subject to review and approval by the City of Chula Vista. · Drainage: A conceptual drainage plan shall be included in each SPA Plan. The conceptual drainage plan shall, in particular, address drainage areas in Salt Creek. Drainage plans for individual developments shall be prepared to the satisfaction of the City Engineer. · Fire and Police: Each SPA Plan shall define specific facility requirements for fire and police protection to the satisfaction of the Chula Vista Police and Fire Departments. · Schools: School facility requirements shall be defined in EastLake II GDP and each subsequent SPA Plan to the satisfaction of the Chula Vista Elementary School District and the Sweetwater Union High School District. Three elementary school sites and one high school site are provided within the EastLake 1I GDP area. As of this most current GDP amendment, all sites have been implemented. (1/28/03) Page 8 of 34 Stfikeo~ = Text Deleted Underline = Text Added IMPLEMENTATION 1.11.3 Community Purpose Facilities Table D Community Purpose Facility Acres for EastLake EastLake EastLake EastLake Total II* H* III Greens Trails (adopted Neigh** Neigh. GDP) Dwelling Units 3443 1143 2061 6647 CPF ac/du 0.004003 0.004003 0.004003 - - CPF Required (ac) 13.8 4.6 8.3 26.7 CPF Provided (ac) 15.§11.4 4.6 10.8 31.126.7 * EastLake I (North o. fOtay Lakes Road) is excluded from this table. ** Includes proposed Land Swap amendment. 1.11.3.3 Proposed CPFSites The CPF master Plan provide a total of 31.1 26.7 acres in four three different sites. Exhibit 7, identifies the proposed CPF sites which are described in more detail below. Site 1 (Existing): Located in EastLake Greens,-al:nm'fion~this 15.g 11.4 acre site (12.2 ,~,,~) has been d t ligi i titutio fo pl f hip '"~ ......... :--: ...... ~"-- -' - ~ '~ Site 2: This CPF site is located within the Trails neighborhood and is proposed to conditionally permit little league ball fields for non-profit organizations serving the local community. The development of the site (4.6 acres) would be subject to the requirements outlined in the EastLake II Planned Community District Regulations and Section 19.48.040(B)(6)(d) of the Chula Vista Municipal Code. Site 3: This site is located in the Vistas neighborhood of EastLake [[I GDP and consists of 10.8 acres. The fi~ture Vistas SPA Plan will refine the exact location and acreage this site The sites identified on this Master Plan are, or will be, designated in the Planned Community District Regulations as "CPF" to insure their continued availability pursuant to city requirements. (1/28/03) Page 9 of 34 Strikeout = Text Deleted Underline = Text Added IMPLEMEN~TATIOIq MasterPlanof Community Purpose Facilities Adopted CPF Locations (~ EastLake Greens O EastLake Greens O EastLake Trails O EastLake Vistas Dwelffng Unils 11~,3 2061 ~7 ~F Acr~ Required 13.8 [ 4.6 8.3 26.7 ~F Ac~es Prodded 15.8 I a.6 10.8 31.1 (n°t included)fEasflake Greens ~ EastLake III-Vistas -4 EASTLAKE III ~ ~ A planned community by The EastLake Company 7/17/01 (1/28/03) Page 10 of 34 //-do Strikcom = Text Deleted Underline = Text Added IMPLEMENTATION MasterPlanof Community Purpose Facilities Proposed CPF LOcations O EastLake Greens O EastLake Trai,s ~ EastLake V~stas I ] EastLake II { EastLake II I Eas~.ake III Greens Neigh TralL~ Neigh. GDP Total Dwelling U~its 3443 1 t43 2061 6647 ICPF Ac~es Required 13.8 J 4.6 I 8.3 26.7 ICl=l= Acres ProVlde~l 11.4 ! 4.6 I 10.8 26.7 EastLake III - Woods EastLake 1 Easflake Trails (not included) · ~ ) ---~ EastLake III- V~stas Eastlake Greens~ ~ C~int,~[ t~..?~d~.Pt~.a nning . EASTLAKE (1/28/03) Page 11 of $4 tt-.~t EastLake III General Development Plan Revise Section 11.to reflect statistical and exhibit revisions due to change in CPF site #1. (1/28/03) Page 12 of 34 IMPLEMENTATION 1.1.11 Implementation 1.1.11.1 Growth Management/Phasing This GDP will be used by the City and the developer to ensure that development occurs in an orderly fashion and that public facilities are provided concurrent with need while, at the same time, providing flexibility to allow the developer to respond to changing market conditions. The conceptual phasing information has been and will be presented in the SPA Plan to be developed primarily for the purposes of determining preliminary circulation and public facility requirements. The objective of these phasing plans is that public facilities will be provided concurrent with need and in accordance with the threshold standards established by the City of Chula Vista. 1.1.11.2 Community Facilities & Improvements Specific community facility requirements will be identified for each SPA Plan. The following standards have been established for community facilities. Circulation: Development within EastLake li shall comply with the City's Level of Service "C" requirement for the operation of circulation element roads. A transportation phasing plan consistent with the City's Growth Management Element shall be incorporated into the SPA Plans to ensure that level of service standards are met. · Water: A detailed water master plan shall be prepared in conjunction with each SPA Plan. The water master plan shall be subject to review and approval by the Otay Water District. · Sewer: A detailed sewer master plan shall be prepared in conjunction with each SPA Plan. The sewer master plan shall include consideration of reclaimed water and shall be subject to review and approval by the City of Chula Vista. · Drainage: A conceptual drainage plan shallbe included in each SPA Plan. The conceptual drainage plan shall, in particular, address drainage areas in Salt Creek. Drainage plans for individual developments shall be prepared to the satisfaction of the City Engineer. · Fire and Police: Each SPA Plan shall define specific facility requirements for fire and police protection to the satisfaction of the Chula Vista Police and Fire Departments. Schools: School facility requirements shall be defined in EastLake 11 GDP and each subsequent SPA Plan to the satisfaction of the Chula Vista Elementary School District and the Sweetwater Union High School District. Three elementary school sites and one high school site are provided within the EastLake II GDP area. As of this most current GDP amendment, all sites have been implemented. (1/28/03) Page13of34 IMPLEMENTATION Table D Community Purpose Facility Acres for EastLake EastLake EastLake EastLake Total H* H* Greens Trails (adopted Neigh** Neigh. GDP) Dwelling Units 3443 1143 2061 6647 CPF ac/du 0.004003 0.004003 0.004003 - - CPF Required (ac) 13.8 4.6 8.3 26.7 CPF Provided (ac) 15.811.4 4.6 10.8 31.126.7 * EastLake I (North of Otay Lakes Road) is excluded from this table. ** Includes proposed Land Swap amendment. I.l.11.3.3 Proposed CPF Sites The CPF master Plan provide a total of 31.1 26.7 acres in four three different sites. Exhibit 7, identifies the proposed CPF sites which are described in more detail below. Site 1 (Existing): Located in EastLake Greens,-ntporforr~this 15.8 11.4 acre site (12.2 ~i~s) has been conveyed to a religious institution for use as a place of worship. Thc rcn~ai,~l,g ~,oiiion of thc ~it~ 3.6 Site 2: This CPF site is located within the Trails neighborhood and is proposed to conditionally permit little league ball fields for non-profit organizations serving the local community. The development of the site (4.6 acres) would be subject to the requirements outlined in the EastLake I/Planned Community District Regulations and Section 19.48.040(B)(6)(d) of the Chula Vista Municipal Code. Site 3: This site is located in the Vistas neighborhood of EastLake III GDP and consists of 10.8 acres. The future Vistas SPA Plan will refine the exact location and acreage this site The sites identified on this Master Plan are, or will be, designated in the Planned Community District Regulations as "CPF" to insure their continued availability pursuant to city requirements. With the exception of CPF site Nos. 2 and 3, which will include little league ball fields as a conditional use permit, the above mentioned CPF sites could accommodate by conditional use permit the following land uses: ~ (1/28/03) Page14of34 IMPLEMENTATION Master Plan of Community Purpose Facilities Adopted CPF Locations (~) EastLake Greens O EastLake Greens O EaelLake Trails O EastLake Vistas Units I EastLake 11 [ EestLake II EestLake{;Dp III Total [ Greens3443SPA [ Trails SPA 280,,31 6647 I)~ellinllC-,PF Aees Required 13.8 1143 4.6 26.7 ICPt~ Ac~es P~evld~d 15.8 4.6 1018 31.1 EastLake 1~~~ EastlakeEaStLakeTrailslll - Woods (not included) s ~T EaslLake III - Vistas Eastlake Greens a EASTLAKE III A planned communi~ by ~e East~ke Company 7/17/01 (1/28/03) Page 15 of 34 MasterPlanof Community Purpose Facilities Proposed \ \ CPF Locations t~ EastLake Greens ~.. O EastLake Trails ~) EastLake Vistas Easll_ake II FastLake II EastLake III ~reens Neigh 3Yalls Neigh. GDP Total Dwellln~ Units 3443 1143 2061 EE47 CI)F Ae~es Required 13_8 4.6 8.3 26~7 CPF Acres PrGvlded 11.4 4.6 10.8 26.7 EastLake Ill - Woods EastLake 1 Eastlake Trails ( EastLake III ~ Vistas Eastlake Greens A planned community byThe EastLake Company 7-23-02 (1/28/03) Page 16 of 34 //~.~ EastLake II SPA Plan · Revise Site Utilization Plan to reflect shift of 4.4 acres from Public/Quasi-Public to Medium High Residential with no increase in dwelling units permitted. (See following exhibits). (1/28/03) Page 17 of 34 (I/28/03) Page 18 of 34 //-~ 0000 ~ ~ 'ql (1/28/03) Page 19 of 34 1-14 ~ (1/28/03) Page 20 of 34 //~.~ (I/28/03) Page 21 of 34 Exhibit 3 (1/28/03) Page 22of34 I ,,, ~ ~ Exhibit 3 (1/28/03) Page 23 of 34 Excerpt for EastLake II SPA for Trails Neighborhood, Section 11.2. 7.13, page VII-lO Table E Community Purpose Facility Acres for EastLake EastLake EastLake EastLake Total H* H* I~ Greens Trails (adopted Neigh** Neigh. GDP) Dwellin$ Units 3443 1143 2061 6647 CPF ac/du 0.004003 0.004003 0.004003 CPF Required (ac) 13.8 4.6 8.3 26.7 CPF Provided (ac) 15.~,11.4 4.6 10.8 31.126.7 * EastLake I (North qfOtayLakes Road) is excluded.from this table. ** Includes proposed Land Swap amendment. (I/28/03) Page 24 of 34 EastLake III SPA Plan · Revise Section 7 to reflect statistical and exhibit revisions due to change in CPF site #1. (I/28/03) Page 25 of 34 //~$~ Table D Community Purpose Facility Acres for EastLake EastLake EastLake EastLake Total II* II* III Greens Trails (adopted Neigh** Neigh. GDP) Dwelling Units 3443 1143 '2061 6647 CPF ac/du 0.004003 0.004003 0.004003 - - CPF Required 13.8 4.6 8.3 26.7 (ac) CPF Provided 15.811.4 4.6 10.8 31.126.7 (ac) * EastLake I (North o['Otay Lakes Road) is excluded from this table. ** Includes proposed Land Swap amendment 11.2.7.13.3 Proposed CPF Sites The CPF master Plan provide a total of 31.1 26.7 acres in fOua three different sites. Exhibit 7, identifies the proposed CPF sites which are described in more detail below. Site 1 (Existing): Located in EastLake Greens,~porfirmofthis 15.§ 11.4.acre site (12.2 ac, cs) has been conveyed to a religious institution for use as a place of worship. ~' ............ ~,£thc $it,~ 3.6 Site 2: This CPF site is located within the Trails neighborhood and is proposed to conditionally permit little league ball fields for non-profit organizations serving the local community. The development of the site (4.6 acres) would be subject to the requirements outlined in the EastLake II Planned Community District Regulations and Section 19.48.040(B)(6)(d) of the Chula Vista Municipal Code. Site 3: This site is located in the Vistas neighborhood ofEastLake ]lI GDP and consists of 10.8 acres. The future Vistas SPA Plan will refine the exact location and acreage this site The sites identified on this Master Plan are, or will be, designated in the Planned Comxnunity District Regulations as "CPF" to insure their continued availability pursuant to city requirements. With the exception of CPF site Nos. 2 and 3, which will include little league ball fields as a conditional use permit, the above mentioned CPF sites could accommodate by conditional use permit the following land uses: (1/28/03) Page 26 of 34 MasterPlanof Community Purpose Facilities Adopted CPF Locations (~ EastLake Greens ~ EastLako Greens (Future) EastLake Trails EastLake Vistas EastLako II EastLake II EastLake III ,Greens SPA Trails SPA G0P Total Dwellln9 Units 3443 1143 2061 6647 CPF Acres Required 13.8 4.6 8.3 26.7 C. PF Acres ProvHp4 15.8 4.6 10.8 31.1 EastLake III - Woods EastLake 1 Eastlake Trails (r EastLake III ~ Vistas Eastla EASTLAKE III planned community by The EastLake Company 7/17/01 I/Z~3/U3) Fage 27 oJ d4 //' ~7 MasterPlanof Community Purpose Facilities Proposed CPF Locations ~) EastLake Greens t~ EastLake Trails {~) EastLake Vistas Eastl_ake II East/ake II EastLake III Greens Neigh Trails Neigh. (~I)P Total I)wellln~! Units 3443 1143 2061 1~647 C. PF Aires Required 13,8 4,6 8,3 Z6.7 C-.PF Acres Provided 11.4 4.6 10.8 26.7 EastLake III - Woods EastLake I Eastlake Trails EastLake III - V~stas Eastlake Greens .CJnf~i L~o~n~ d~,Pl..~nning -4EASTLAKE A planned c~mmunlty byTl~e EasttJ~ke Company 7-23-02 (1/28/03) Page 28 of 34 tt $£ EastLake II PC District Regulations Revise Land Use Districts map to reflect shift of 4.4 acres fi.om Public/Quasi-Public to Medium High Residential with no increase in dwelling units permitted. (See following exhibits). (1/28/03) Page 29 of 34 Land Use Districts Adopted RESIDENTIAl. ~ ~ (Pm~ Admin.~td. RoteS ~ ~ (~teil)F~ ~ IBUSlNE~ C~R ~ ~ ~ ~Business Center. Core Dist~ ~ Proposed Amendment Location A planned communl~ by ~ Eas~ake Co, ~ ~1~2 (1/28/03) Page 30 of 34 Land Use Districts Proposed RESIDENTIAL V~GE ~R & ~E~ ~ ~ (Re~ ~ ~ (Pm~ Admin.~ld, Retai0 ~ ~ ~ Proposed Amendmont Location i~5T~KE I! ~ A ~anned communl~ by ~e EastL~e CO, ~7~3R2 (1/28/03) Page $! of 34 EastLake Greens Neighborhood Design Guideline Supplement for "Land SwaP" Area · Revise and update Design Guidelines Exhibit for Parcel R-9 to reflect changes. (See following exhibits) (1/28/03) Page 32 of 34 Parcel R-9 Proposed / J ~ SDGE ar)d / or sDCWA Easeme~ R-23 Pedestrian Connections to ~ /~'~,, Olympic ~" -~ EASTLAKE GREENS A PI~ Cmily in ~ City of Chul~ (l/28/03) Page 34 of 34 ATTACHMENT 3 ADDENDUM ADDENDUM TO FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT EIR 86-04 AND FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT EIR 97-04 PROJECT NAME: EastLake Landswap Residential Project PROJECT LOCATION: Southwest of the existing East.Lake Greens community and north of Otay Ranch Planning Area 12. The 69.4-acre site is bordered on the north by the EastLake Greens residential community, on the west by future EastLake Parkway, on the south by the future alignment of Olympic Parkway, and on the east by an existing utility corridor. PROJECT APPLICANT: The EastLake Company, LLC CASE NO: 1S-03-009 DATE: February 19, 2003 I. BACKGROUND/SCOPE OF ANALYSIS A Supplemental Enviromnentat Impact Report (EIR 86-04) for the EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-zone and Annexation was certified on July 1989. EIR 86-04 addressed a detailed SPA plan for the mixed use of 830.5 acres of the EastLake Greens community and prezoning and annexation of the EastLake Trails to the City of Chula Vista's Sphere of Influence. A Subsequent Environmental Impact Report (EIR 97-04) for the EastLake Trails/Greens Replanning Progxam was certified in November 1998. EIR 97-04 addressed the discretionary actions required to incorporate the approximately 100-acre "Southern Landswap Parcel" into the EastLake Greens SPA Plan. The environmental impacts of developing the subject site have been previously analyzed in these prior EERs. Specifically, the physical impacts of developing the 4.4-acre portion of the site are evaluated in EastLake Greens SPA Plan/EastLake Trails Pre-zone and Annexation Final Supplemental EIR (EIR 86-04) and are hereby incorporated by reference. The General Plan and General Development Plan (GDP) land use designation for this portion of the site is Public/Quasi-Public, and the SPA identifies this portion of the site for Community Purpose Facility (CPF) use. EIR 86-04 assumed development of the 4.4-acre parcel with a CPF use. According to the EastLake II Planned Community District Regulations, CPF uses that could conditionally be permitted on the site include, but not be limited to, such uses as recreation facilities, day care and worship facilities, senior care facilities, facilities for the homeless, etc. Addendum lo EI R 86-04 and £1R-97d)4 02/19~03 The physical impacts of developing the remaining 65-a~re portion of the site (residential portion of the "Southern EastLake Landswap") were evaluated in the EastLake Trails/Greens Replanning Program Final Subsequent EIR (EIR 97-04) and are hereby incorporated by reference. The analysis in this EIR assumed development of the site with 750 dwelling units (du) at a target density of 11.5 du/acre. No change to the planned development of the southern 65-acre portion of the site is being proposed other than to extend the residential development into the adjacent 4.4 acre parcel discussed above (see Proposed Project Description below), Applicable meast~es fi-om the Mitigation Monitoring and Reporting Programs (MMRPs) associated with both EIR 86-04 and EIR 97-04 are still valid and applicable to this project. Because the physical development of the entke 69.4 acre site (4.4 acre parcel and 65 ac~e parcel) have been previously addressed in certified EIRs, no further analysis of physical features of the site is necessary. Thus, this Addendum focuses on the proposed land use change for the 4.4-acre portion of the site fi.om Public/Quasi Public to Medium High Residential. II. THE PROPOSED PROJECT The proposed project involves a 69.4-acre site within the EastLake Greens community. The site currently includes a 4.4-acre parcel in the northern portion of the site that is designated Public/Quasi Public and a 65-acre parcel (portion of the "Southern Landswap Parcel") that is designated Medium High Residential (11-18 du/ac) in the EastLake II General Development Plan (GDP) and SPA Plan. The proposed project involves an amendment to the adopted City of Chula Vista General Plan and pertinent implementing plans to change the land use designation on the 4.4-acre parcel fi.om Public/Quasi-Public to Medium High Residential. In doing so, the existing boundary of the Medium High Residential land use category would be moved, and the entire 69.4-acre project site would be designated Medium High Residential use. While the acreage for residential development would increase, there would be no increase in the currently allowed number of dwelling units for the site {750 dwelling units permitted). The proposed elimination of the CPF use, would result in a net reduction in the development intensity allowed on the site, as seen below: Approved Development Proposed Development ~ 750 Medium High density 750 Medium High density residential units on 65 acres residential units 69.4 acres 4.4 acres of CPF use In accordance with the City of Chula Zoning Ordinance, the Planned Community Zone requires that all land in the PC zone provide a minimum of 1.39 acres of land per 1,000 persons for community purpose facilities. Based upon this ordinance, the CPF acreage required for the EastLake ll and EastLake Hl developments is 26.7 acres. The applicant (The EastLake Company) has provided the following CPF acreage: EfistLake 1I Greens 15.8 acres, EastLake II Trails 4.6 acres, EastLake m 10.8 acres for a total of 31.2 acres. Thus, the applicant has provided 4.5 more CPF acreage than required. The proposed reduction of 4.4 acres of CPF use would still be in compliance with the Planned Community Zone. Acldendum to EIR 864)4 and E1R-97-04 02/19/03 2 An affordable housing project for 150 residential units is being considered for the northern six acres of the site at a density consistent with the remainder of the site. The EastLake Comprehensive Affordable Housing Program (approved by City Council November 24, 1998) identifies the residential component of the "Southern Landswap Parcel" as one of four low income housing sites. Thus, the proposed affordable housing project would be in compliance with the EastLake Comprehensive Affordable Housing Program. The affordable housing plans will require review and approval by the City of Chula Vista's Design Review Commission. A related application is the tentative subdivision map application for the entire 69.4-aere site that would allow for the site to be divided into four developable lots. As discussed previously, the affordable housing project would be located on the northern six-acre lot (Lot 1) of the site. No residential projects are currently being proposed for the southern three lots. As with the affordable housing project, design review of the future residential projects on the southern threb lots will be required. III. CEQA REQUIREMENTS Sections 15162 through 15164 of the State CEQA Guidelines discuss a lead agency's responsibilities in handling new information that was not included in a project's certified environmental document. Section 15162 of the State 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: (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; (2) 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 environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) 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 previous EIR or Negative Declaration; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; Addendum to EIR 86-04 and EIR-974~4 02/I 9/03 3 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 previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigatiDn measure or alternative. As discussed in Section IV .below, the proposed project would not result in new significant impacts or an increase in severity of the impacts identified in EIR 86-04 and 97-04. No new information of substantial importance has been identified that was not known and could not have been known at the time the EIR was prepared. Further, the proposed project does not change the analysis and conclusions in EIRs 86-04 and 97-042 Pursuant to Section 15164 of the State CEQA Guidelines, a lead or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. This Addendum to the Supplemental Environmental Impact Report (EIR 86- 04) for the EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails PreZzone and Annexation and Subsequent Environmental Impact Report (EIR 97-04) for the EastLake Trails/Greens Replarming Program has been prepared in accordance with the requirements of the City of Chula Vista Environmental Review Procedures and Section 15164 of the State CEQA Guidelines. This Addendmn addresses the proposed change in land use for a 4.4-acre site located north and adjacent to the Southern Landswap Parcel and makes only a minor technical change or addition that is necessary to make the EIR 86-04 and 97-04 adequate under CEQA. The Addendum need not be circulated for public review but will be attached to the EIRs (State CEQA Guidelines, § 15164(c)). IV. ANALYSIS An Environmental Checklist Form was completed for the proposed project. The conclusion of the analysis is that the proposed project would not result in a physical change to the environment that was not previously addressed in EIR 86-04 and 97-04. The proposed land use change would not add or intensify the environmental impacts identified in those EIRs. The proposed project would not increase residential units beyond what has been previously analyzed in EIR 97-04. The proposed project essentially eliminates the Public/Quasi Public use without replacing it with additional development potential. Therefore, the analysis in EIR 86-04 addresses a more intense use of the 4.4-acre site and thus represents a worst case analysis development potential for that site. No new mitigation measures are required. A copy of the checklist is attached. V. CONCLUSION Pursuant to Section 15164 of the State CEQA Guidelines, and based upon the substantial evidence in the record supporting the above discussion, 1 hereby find that the proposed change in Addendum lo EIR 8644 and EIR-974)4 02/19/03 4 land usc will result in only minor technical changes or additions which are necessary to make the Supplemental Environmental Impact Report (EIR 86-04) for the EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-zone and Annexation and Subsequent Environmental Impact Report (EIR 97-04) for the EastLake TraiLs/Greens Replanning Program adequate under CEQA. lyn ~. F. Ponseggi ,~ Environmental Review Coordinator References: City of Cliula Vista Environmental Review Procedures · EastLake Greens SPA Plan and EastLake Trails Prezene a~d Annexation Final Supplemental EIR (EIR 86- 4), certified June 1989 · EastLake Trails/Greens Replanning Program Final Subsequent EIR (EIR 97-04), certified November 1998 · EastLake II General Development Plan, adopted July 23, 2002 · EastLake III General Development Plan, adopted July 17, 2001 EastLake II Sectional Planning Area Plan, adopted May 7, 2002 · EastLake III Sectional Planning Area Plan, adopted July 17, 2001 Attachment: Environmental Checklist Addendum Io EIR 86-04 and EIR-97434 02/19t~3 5 Case No. IS-03-009 ENVIRONMENTAL CHECKLIST FORM 1. Name of Proponent: The EastLake Company Contact: Guy Asaro 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 · 3. Address and Phone Number of Proponent: 900 Lane Avenue, Suite 100 Chula Vista, CA 91914 (619) 421-0127 4. Name of Proposal: EastLake Landswap Residential Project 5. Date of Checklist: February 19, 2003 Project Description: The proposed project involves a 69.4-acre site within-the EastLake Greens community. The site currently includes a 4.4-acre parcel in the northern portion of the site that is designated Public/Quasi Public and a 65-acre parcel (portion of the "Southern Landswap Parcel") that is designated Medium High Residential (11 il 8 du/ac) in the EastLake II General Development Plan (GDP) and SPA Plan. The proposed project involves an amendment to the adopted City of Chula Vista General Plan and pertinent implementing plans to change the land use designation on the 4.4-acre parcel from Public/Quasi-Public to Medium High Residential. In doing so, the existing boundary of the Medium High Residential land use category would be moved, and the entire 69.4- acre project site would be designated Medium High Residential use. While the acreage for residential development would increase, there would be no increase in the currently allowed number of dwelling units for the site (750 dwelling units permitted). The proposed elimination of the CPF use, would result in a net reduction in the development intensity allowed on the site, as seen below: Approved Development Proposed Development Potential Potential 750 Medium High density 750 Medium High density residential units on 65 acres residential units 69.4 acres 4.4 acres of CPF use i None Page-1 t/- In accordance with the City of Chula Zoning Ordinance, the Planned Community Zone requires that all land in the PC zone provide a minimum of 1.39 acres of land per 1,000 persons for community purpose facilities. Based upon this ordinance, the CPF acre~ge required for the EastLake 1I and EastLake Ill developments is 26.7 acres. The applicant (The EastLake Company) has provided the following CPF acreage: EastLake II Greens 15.8 acres, EastLake II Trails 4.6 acres, EastLake 10.8 acres for a total of 31.2 acres. Thus, the applicant has provided 4.5 more CPF acreage than required. The proposed reduction of 4.4 acres of CPF use would still be in compliance with the Planned Community Zone. An affordable housing project for 150 residential units is being considered for the northern six acres of the site at a density consistent with the remainder of the site. The EastLake Comprehensive Affordable Housing Program (approved by City Council November 24, 1998) identifies the residential component of the "Southern Landswap Parcel" as one of four low income housing sites. Thus, the proposed affordable housing project would be in compliance with the EastLake Comprehensive Affordable Housing Program. The affordable housing plans will require review and approval by the City of Chula Vista's Design Review Commission. A related application is the tentative subdivision map application for the entire 69.4-acre site that would allow for the site to be divided into four developable lots. As discussed previously, the affordable housing project would be located on the northern six-acre lot (Lot 1) of the site. No residential projects are currently being proposed for the southern three lots. As with the affordable housing project, design review of the future residential projects on the southern three lots will be required. The analysis in this Initial Study Checklist is based on the following facts: The physical impacts of developing thee 4.4-acre portion of the site are evaluated in EastLake Greens SPA Plan/EastLake Trails Pre-zone and Annexation Final Supplemental EIR (EIR 86-04) and are hereby incorporated by reference. This EIR assumed development of the 4.4-acre parcel with a Community Puipose Facility (CPF). According to the EastLake II Planned Community District Regulations, the CPF District could conditionally include, but not be limited to, such uses as recreation facilities, day care and worship facilities, senior care facilities, facilities for the homeless and military personnel during the holidays, etc. The physical impacts of developing the remaining 65-acre portion of the site (residential portion of the "Southern EastLake Landswap') were evaluated in the EastLake Trails/Greens Replanning Program Final Subsequent EIR (EIR 97-04) and are hereby incorporated by reference. The analysis in this EIR assumed development of the site with 750 dwelling units (du) at a target density of 11.5 du/acre. No change to the planned development of the southern 65-acre portion of the site is being proposed other than to expand the residential devel.opment the northern 4.4 acres of the site. Applicable mitigation measures from the MMRPs associated with both EIR 86-04 and EIR 97-04 are still valid and applicable to this project. Because the physical development of the entire 69.4 acre site (4.4 acm parcel and 65 acre parcel) have been previously addressed in certified EIRs, no further analysis of physical features ol~the site is necessary. Thus, this checklist focuses on the proposed land use change for the 4.4-acre portion of the site from Public/Quasi Public to Medium High Residential. Page-2 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 [] [] [] I~ (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? d) Disrupt or divide tI~,. physical arrangement of [] [] [] ~ an established community (including a low- income or minority community)? Comments: a) The proposed project involves a change in the General Plan land use designation of the northern 4.4 acres of the site from Public/Quasi Public to Medium High Residential. This would result in a loss of CPF acreage. In accordance with the City of Chula Zoning Ordinance, the Planned Community Zone requires that all land in the PC zone provide a minimum of 1.39 acres of land per 1,000 persons for community purpose facilities. Based upon this ordinance, the CPF acreage required for the EastLake Il and EastLake ffI developments is 26.7 acres. The applicant (The EastLake Company) has provided the following CPF acreage within the EastLake community: EastLake H Greens 15.8 acres, EastLake II Trails 4.6 acres, EastLake Ill 10.8 acres for a total of 31.1 acres. Thus, the applicant has provided 4.4 more CPF acreage than required. Therefore, the proposed reduction of 4.4 acres of CPF use would still be in compliance with the Planned Community Zone. An affordable housing project for 150 residential units is being considered for the northern six acres of the site at a density consistent with the remainder of the site. The EastLake Comprehensive Affordable Housing Program (approved'by City Council November 24, 1998) identifies the residential component of the "Southern Landswap Parcel" as one of four low income housing sites. Thus, the proposed affordable housing project would be Jn compliance with the EastLake Comprehensive Affordable Housing Program. The affordable housing plans will require review and approval by the City of Chula Vista's Design Review Commission. Thus, with the proposed General Plan Amendment and amendments to applicable implementing plans, the proposed project would not conflict with the general plan designation or zoning. Page - 3 The proposed modification of the no,them 4.4 acres of the site fi.om Public/Quasi Public to Medium High Residential use would be compatible with adjacent land useR. Residential uses are currently located to the north and east. Development of the parcel will become part of the Medium High Residential use approved to the south. An existing water storage reservoir is located west of the 4.4-acre site across fi.om EastLake Parkway. The tfink is pax~dally buffed, and is not visible f~om the east. The eastern facade of the tank is hidden by a series of landscaped ben-ns and retaining walls. The location ofaddifional residential uses to the east of this facility would not result in a significant land use impact. In addition, access to the 4.4-acre parcel relates to the Medium High Residential parcel to the south. There would be common access to the site, which will be EastLake Parkway. An 80-foot wide utility easement for the San Diego Second Aqueduct and a San Diego Gas and Electric 230 kV transmission line easement (120 feet wide), which runs parallel to the easement, would be located adjacent and east of the proposed residential development. The EastLake Greens SPA designates this corridor "OS-5" adjacent to the 4.4-acre parcel. The Design Guidelines specifically address edge trea~nent along this utility corridor. The guidelines encourage the blending of landscaping of the residential area with the naturalized landscaping of the utility corridor to avoid a "hard brown edge" and the incorporation of neighborhood txail linkages within the easement. Thus, tltrough compliance with the Design Guidelines, the corridor would be an integxated feature within the residential community. Residential uses in proximity to utility corridors occur throughout the region. There is no existing evidence to indicate that land use incompatibility issues would result fi.om residing in proximity to utility corridors. Lot 1 of the proposed TM would include the affordable housing project which is proposed as multi-family apartments. Existing affordable multi-family use is adjacent and to the northeast of the site. To the immediate west is EastLake Par~vay and the OWD reservoir. To the southwest is the EastLake Terraces commercial development. The site is bordered on the east by the aforementioned 200-foot utility easement. Across (to the east) the easement and at a higher elevation are a church and the western fringe of the EastLake Greens single-family residential community. To the south will be future multi-family residential development. This use on the six:acre, triangular lot would be not be incompatible with these adjacent uses. b) No environmental plans or policies govern the site. c) & d) See EIRs 86-04 and 97-04. II. POPULATION AND HOUSING. Would the sag, c~t v,a~ s~vaf~ n. proposal: l~,~ Mitigated Impact Impart a) Cumulatively exceed official regional or local [] [] [] [] popular on 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 [] [] El [~ affordable housing? Page - 4 a), & b): The proposed land use change for the northern 4.4 acres would not increase the residential units permitted on the parcel. Therefore, there would be no change in residential population projections for the site. The proposed project site is planned for development, and infrastructure is provided to the site or is planned. c): No housing currently exists on the site. Affordable housing is proposed for the northern six acres of the site. See also EIRs 86-04 and 97-04. III. GEOPHYSICAL. Would the proposal result in ~a ma~ ~,~ ~,~ 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 [] [] F1 [] features? d) The destruction, covering or modification of VI [] [] [] any unique geologic or physical features? e) Any increase in wind or water erosion of [] [] [] [] soils, either on or off the site? 0 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: a)-g) The proposed land use change ~vould expose people to seismic shaking in the event of an earthquake. However, tiffs impact is no more severe than the exposure of people to such an event if the site was developed with a public/quasi public facility. See EIRS 86-04 and 97-04. IV. WATER. Would the proposal result in: ~ m-~t,~ l~,t i~ a) Changes in absorption rates, drainage [] [] [] [] patterns, or the rate and amount of surface runoff?. Page - 5 b) Exposure of people or property to water [] [] [] [] related hazards such as flooding or tidal waves? c) Discharge into surface waters or other [] f"l [] [] 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 fresh waters? f) Change in the quantity of ground waters, [] [] [] [] either through direct additions oi- 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? j) Substantial reduction in the amount of water [] [] [] [] otherwise available for public water supplies? Comments: c) The proposed land use change from Public/Quasi Public to Residential use would not result in additional or more severe impacts to water quality than was previously analyzed in EIRs 86-04 and 97-04. The project would be conditioned to comply with the City's Standard Urban Storm Water Mitigation Plan (SUSMP), which was adopted by the City after certification of both EIR 86-04 and EIR 97-04. Requirements of the SUSMP are more stringent than the water quality requirements placed upon the project at the time the EIRs were certified. a), b), d)-j): See EIRs 86-04 and 97-04. V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute [] [] [] [] to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? [] [] [] [] Page - 6 c) Alter air movement, moisture, or temperature, [] [] [] [] or cause any change in climate, either locally or regionally? d) Create objectionable odors? [] I-I [] [] e) Create a substantial increase in stationary or El [] [] [] non-stationary sources of air emissions or the ' deterioration of ambient air quality? Comments: a)-e): The proposed land use change from Public/Quasi Public to Residential use would not result in additional or more severe impacts to air quality than was previously analyzed in EIRs 86-04 and 97-04. Residential use typically does not result in significant objectionable odors. No increase in units is proposed, thus there would be no increase in mobile source emissions. In fact, the net result of the proposed land use change would be the elimination of the Public/Quasi Public use. The proposal would result in less trips than planned due fo the elimination of the use and less mobile source emissions. See EIRs 86-04 and 97-04. VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? [] [] [] [] b) Hazards to safety from design features (e.g., [] [] [] 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.) Page- 7 Comments: a)-h): The proposed land use change fi.om Public/Quasi Public io Residential use would not result in additional or more severe impacts to transportation than was previously analyzed in EIRs 86-04 and 97-04. The proposed land use change fi.om Public/Quasi Public use to Residential would not result in an increase in trip generation because no increase in dwelling units is proposed. In fact, the net effect of the proposed project is that the Public/Quasi Public use would be eliminated and not replaced with an additional use. Thus, there would be less trips generated than previously assumed in EIR 86-04. A maximum of 750 dwelling units would be permitted on the 69.4-aere site as analyzed in EIR 97-04. Also see E1~ 86- 04 and 9%04. VII. BIOLOGICAL RESOURCES. WouM the proposal result in impacts to: a) Endangered, sensitive species, species of [] [] [] concern or species that are candidat&s for listing? b) Locally designated species (e.g., heritage [] [] [] [] trees)? 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? [] [] [] [] t) Affect regional habitat preservation planning [] [] [] [] efforts? Comments: The proposed land use change fi.om Public/Quasi Public to Residential use would not result in additional or more severe impacts to biological resources than was previously analyzed in EIRs 86-04 and 97-04. See EIRs 86-04 and 97-04. VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation [] [] [] [] plans? [] [] [] [] Page-8 inefficient manner? c) If the site is designated for mineral resource gl [] [] [] protection, will this project impact this protection? a)-c): The proposed land use change from Public/Quasi Public to Residential use would not result in additional or more severe impacts to energy and mineral resources than was previously analyzed in EIRs 86-04 and 97-04. The future residential projects would be designed to meet or exceed all applicable energy efficiency regnlations. See EIRs 86-04 and 97-04. IX. HAZARDS. WouM the proposal involve: 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 bmsh, grass, or trees? a)-e): The proposed land use change from Public/Quasi Public to Residential on the 4.4 acres would not expose people to a risk of accidental explosion or release of hazardous substances nor would it interfere with an emergency response plan or emergency evacuation plan. An 80-foot wide utility easement for the San Diego Second Aqueduct and a San Diego Gas and Electric 230 kV transmission line easement (120 feet wide), which runs parallel to the easement, would be located adjacent and west of the residential development. These utility easements are located adjacent to other residential development within the EastLake Greens commtmity and throughout the region. There is no existing evidence to indicate that health hazards could result from residing in proximity to utility corridors. The majority of the site is graded; thus there is limited flammable vegetation onsite. See also EIRs 86-04 and 97-04. Page-9 X. NOISE. Would the proposal result in: n~wt maot~ n=~d x~wt a) Increases in existing noise levels? [] [] [] Ik-I b) Exposure of people to severe noise levels? [] [] [] ~ Comments: a)-b): The proposed land use change from Public/Quasi Public to Residential use would not result in additional or more severe impacts to noise than was previously analyzed in EIRs 86-04 and 97-04. The proposed land use change from Public/Quasi Public to Residential on the 4.4- acre site would not increase noise levels onsite nor expose people to severe noise levels. The proposed affordable housing project as well as future residential projects in Lots 2, 3 and 4 will be conditioned to provide an acoustical study that verifies conformance with the indoor and outdoor noise standards in the EastLake II Planned Community District Regulations (45 dba interior and 60 dbA exterior). See also EIRs 86-04 and 97-04. XI. PUBLIC SERVICES. WouM the proposal have u~,~ ~t~a ~,t t~,~ an effect upon, or result in a need for new or altered government services in any of the following a) Fire protection? [] [] [] I~1 b) Police protection? FI [] [] [] c) Schools? [] [] [] [] d) Maintenance of public facilities, including [] [] [] [] roads? e) Other governmental services? [] [] [] [] Comments: a)-e): The proposed land use change from Public/Quasi Public to Residential use would not result in additional or more severe impacts to public services than was previously analyzed in EIRs 86-04 and 97-04. The proposed land use change from Public/Quasi Public to Residential would not result in a significant impact to public services because there would be no increase in development density or intensity over that currently allowed. In fact, as noted previously, the net effect of the proposed project is the elimination of the Public/Quasi Public use thereby eliminating the associated demand on public services. See also El[Rs 86-04 and 97-04. Page-10 XII. Thresholds. Will the proposal adversely impact [] [] [] [-~ the City's ThreshoM Standards? As described below, the proposed project does not adversely impact any of the seven Threshold Standards. a) Fire/EMS [] [] [3 [] The 'Dtreshold Standards requires that fn-e and medical units must be able to respond to calls within 7 minutes or less in 85% of the cases and within 5 minutes or ]ess in 75% of the cases. b) Police [] [] [] [] The 'l~reshold Standards require that police units must respond to 84% of Priority I calls within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. c) Traffic [] [] [] [] The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Intersections west 0fi-805 are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F' during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard d) Parks/Recreation [] [] [] [] The Threshold Standard for Parks and Recreation is 3 aeres/l,000 population. Page ~ Il e) Drainage [] D [] [] The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plan(s) and City Engineering Standards. The proposed project will comply with this Threshold Standard. t') Sewer [] [] I-I [] The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Plan(s) and City Engineering Standards. The proposed project will comply with this Threshold Standard. 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 proposed project will comply with this Threshold Standard. Applicants may also be required to participate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building permit issuance. Comments: a)-g): The proposed land use change from Public/Quasi Public to Residential use would not result in additional or more severe impacts to the City's Thresholds than was previously analyzed in EIRs 86-04 and 97-04 because there would be no increase in development density or intensity over that which is currently permitted. In fact, as noted previously, the net effect of the proposed project is the elimination of the Public/Quasi Public use thereby eliminating the associated demand on public services, utilities and infrastructure. See also EIRs 86-04 and 97-04. J~tenti2]~ Xlll. UTILITIES AND SERVICE SYSTEMS. Would u~w,~ r~,~,ed u~ ~,wd the proposal result in a need for new systems, or substantial alterations to the following utilities: Page - ] 2 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: a)-f): The proposed land use change from Public/Quasi Public to Residential use would not resalt in additional or more severe impacts to public utilities and service systems than was previously analyzed in EIRs 86-04 and 97-04 because there would be no increase in development density or intensity over that which is currently permitted. In fact, as noted previously, the net effect of the proposed project is the elimination of the Public/Quasi Public use thereby eliminating the associated demand on utilities and service systems. See also EIRs 86-04 _and 97-04. XIV. AESTHETICS. Would the proposal: 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 197 e) Produce an additional amount of spill light? Comments: a)-e):The proposed land use change from Public/Quasi Public to Residential use would not result in additional or more severe visual impacts than was previously analyzed in EIRs 86-04 and 97- 04. No scenic corhdors are located adjacent to the 4.4-acre site. The residential development of Page- 13 site, would be subject to Design Review in accordance with the EastLake Greens SPA Design Guidelines and Supplement for LandSwap Area (November 1998). See also EIRs 86-04 and 97° 04. XV. CULTURAL RESOURCES. WouM the ~,o~ va~ ~ n. proposal: ~,* ~t,~ u~t ~a a) Will the proposal result in the alteration of or [] [] El [] 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) ls the area identified on the City's General Plan [] [] [] [] EIR as an area of high potential for archeological resources? Comments: a)-e): The proposed land use change from Public/Quasi Public to Residential use would not result in additional or more severe impacts to cultural resources than was previously analyzed in EIRs 86-04 and 97-04. See EIRs 86-04 and 97-04. [] [] [] [] XVI. PALEONTOLOGICAL RESOURCES. Will the proposal result in the alteration of or the destruction of paleontological resources? Comments: The proposed land use change from Public/Quasi Public to Residential use would not result in additional or more severe impacts to paleontological resources than was previously analyzed in EIRs 86-04 and 97-04. See EIRs 86-04 and 97-04. XVII. RECREATION. Would the proposal: Page- 14 a) Increase the demand for neighborhood or [] [] [] [] regional parks or other recreational facilities? b) Affect existing recreational opportunities? [] [] [] [] c) Interfere with parks & recreation plans or [] [] [] [] programs? Comments: a)-c): The proposed land use change l~om Public/Quasi Public to Residential use would not result in additional or more severe impacts to recreation than was previously analyzed in EIRs 86-04 and 9%04 because there would be no increase in dwelling units and associated population over wh'at is currently permitted. See also EIRs 86-04 and 97-04. XIX. PROJECT REVISIONS OR MITIGATION MEASURES: The proposed GPA and associated land use plan amendments to change the land use on the 4.4-acre portion of the site would not result in additional or more severe impacts than was than was analyzed in EIR 86-04 and 97-04. Therefore, no new 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 posting of this Mitigated Negative Decl.aration with the County Clerk shall indicate the Applicants' and/or Operator's desire that the Project be held in abeyance without approval and that Applicant(s) and/or Operator(s) shall apply for an Environmental Impact Report. Printed Name and Title of Property Owner Date (or authorized representative) Signature of Property Owner Date (or authorized representative) Printed Name and Title of Operator Date (if different from Property Owner) Signature of Operator Date (if different from Property Owner) XXl. 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 Page - 15 [] Land Use and Planning [] TranSpOrtation/Circulation [] Public Services [] Population and Housing [] Biological Resources [] Utilities and Service Systems [] Geophysical [] Energy and Mineral Resources [] Aesthetics [] Water [] Hazards [] Cultural Resources [] Air Quality [] Noise [] Recreation [] Paleontological [] Mandatory Findings of Significance Resources 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 Co) 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. Mav(lyn R./F. Ponseggi a _~ / ~ Date Environmental Review Coordinator Page-16 ATTACHMENT 4 DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of cedain 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 properly which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. T IE / t TLAICE L. LC_ 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. fo. 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, Corem trees, 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. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes No '---~lf yes, state which Councilmember(s): -- (NOTE: ATTACH ADDITIONAL PAGES AS NEC~,~4R~?'~ ate: c(. .y SignatUre of contractorlapphcant Print or type name of contractor/applicant * Per, on is defiined o~: "An~ individual, firm, ¢o-partt~tfl~ip, joint ~nt~r~, ~oci~fiot~ ~i~l d~B, ~r~a~ra~l or~aniz~fio~ corpor~lio~ e$tate. I~t. receiver, ~ndicate. this and a~ other coun~ ci~ and count~ ci~ municipally, district, m other political subdivision or any other group or combination acting ~ a unit" RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE CHULA VISTA GENERAL PLAN LAND USE DIAGRAM, EASTLAKE II AND III GENERAL DEVELOPMENT PLANS AND EASTLAKE II AND III SECTIONAL PLANNING AREA (SPA) PLANS AND ASSOCIATED DOCUMENTS I. RECITALS A. Project Site WHEREAS the areas of land, which are the subject of this Resolution are diagrammatically represented in Exhibit A and incorporated herein by this reference and for the purpose of general description herein consists of 4.4 acres known as portion of Parcel GPQ-2 in the EastLake Greens, and located on the east side of the future EastLake Parkway, approximately 2,100 feet north of Olympic Parkway, within the EastLake Green Planned Community ("Project Site"); and, B. Project; Application for Discretionary Approvals WHEREAS the proposed amendment to thc General Plan Land Use Diagram consists of changing the land use designation of said 4.4-acre parcel from Public/Quasi- public to Medium High Density Residential (11-18 du/ac); and WHEREAS the proposed amendments to the EastLake II General Development Plan (GDP) consist of: 1) changing the land use designation of the Project Site from Public/Quasi-public to Medium High Density Residential (11-18 du/ac); and 2) modify Section I.l .11.3 of the EastLake II GDP and the same section of the EastLake III GDP, Community Purpose Facilities Master Plan, to reflect the reduction of 4.4 acres and eliminate thc site as a potential Community Purpose Facility site; and, WHEREAS the proposed amendments to the EastLake II Sectional Planning Area Plan consists of: 1) amending the Site Utilization Plan to merge the southern 4.4 acres of Parcel GDP-2 with the southerly adjacent GR-9 parcel, resulting in a decrease in acreage for Parcel GPQ-2 from 15.8 to 11.4 acres, and an increase for Parcel GR-9 from 65 to 69.4 acres; and 2) modify Section II.2.7.13 of the EastLake II (EastLake Trails Neighborhood Plan) and the same section of EastLake II1 Sectional Planning Area Plan, Community Purpose Facilities Master Plan, to reflect the reduction of 4.4 acres and the elimination of the site as a potential Community Purpose Facility site (Projects"); and, Resolution No. Page 2 C. Prior Discretionary Approvals WHEREAS the development of the project Site has been the subject matter of various entitlements and agreements, including: 1) amended EastLake II General Development Plan (GDP) approved by City Council by Resolution No. 2002-64 on July 23, 2002; 2) EastLake II Sectional Planning Area (SPA) Plan approved by City Council Resolution No. 2002-151 on May 7, 2002; 3) EastLake Greens Neighborhood, Design Guidelines Supplement fbr "Land Swap" area of EastLake Greens, and EastLake Greens and "Land Swap Supplemental Public Facilities Financing Plan" all adopted by Resolution 19275 on March 24, I998; 4) amended EastLake Comprehensive Affordable Housing Program adopted by City Council Resolution 2001-220 on July 17, 2001; and 5) amended EastLake 11 Planned Community District Regulations and Land Use Map approved by City Council Ordinance No. 2863 on August 6, 2002; and, D. Planning Commission Record of Application WHEREAS the Planning Commission held an advertised public hearing on said Project on March 26, 2003, and after hearing staff presentation and public testimony and considering the Addendum to FSEiR 86-04 and FSEIR 97-04 for the EastLake Land Swap Residential Project (IS-03-009), voted ( ) to recommend that the City Council approve the Project in accordance with the findings listed below; and, E. City Council Record of Application WHEREAS a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on April 8, 2003 on the Project discretionary approval applications, and to receive the recommendation of the Planning Commission and to hear public testimony with regard to same; and, WHEREAS the City Clerk set the time and place for the hearing on the Project applications and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 feet of the exterior boundaries of the Project Sites at least 10 days prior to the hearing. NOW THEREFORE BE IT RESOLVED that the City Council hereby find, determine and resolve as follows: 11. PREVIOUS FSEIR 86-04 AND FSEIR 97-04 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The Environmental Review Coordinator has determined that any impacts associated with the Project have been previously addressed by the FSEIR 86-04, Supplemental Resolution No. Page 3 Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and FSERI 97-04, Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replarming Program, and has, therefore, prepared an addendum to said FSEIRs. The Project is in substantial conformance with the analysis in the FSEIRs and, therefore, approval and implementation of the Project does not change the basic conclusions of these FSEIRs. The addendum has been prepared in accordance with requirements of the California Environmental Quality Act, State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista; and, Ill. COMPLIANCE WITH CEQA The City Council does hereby find that the Addendum IS-03-009 has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), the State E1R Guidelines and the Environmental Review Procedures of the City of Chula Vista. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the Addendum to FSEIR 86-04 and FSEIR 97-04 for the Land Swap Residential Project (IS-03-009) reflect the independent judgment of the City Council of the City of Chula Vista and hereby adopts the Addendum to FSEIR 86-04 and FSE[R 97-04. V. APPROVAL OF GENERAL PLAN AMENDMENT The City Council approves amendments to the Chula Vista General Plan Land Use Diagram, as diagrammatically represented in Exhibit B, to change the land use designation of the Project Site from Public/Quasi-public to Medium Density Residential. VI. GENERAL PLAN INTERNAL CONSISTENCY The City Council hereby finds and determines that the General Plan is internally consistent and shall remain internally consistent following amendments thereof by this Resolution. VII. GENERAL DEVELOPMENT PLAN FINDINGS/APPROVAL A. THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL DEVELOPMENT PLAN IS IN CONFORMITY WITH THE PROVISIONS OF THE CHULA VISTA GENERAL PLAN, AS AMENDED. Resolution No. Page 4 EastLake II and EastLake III The proposed Project includes a request to amend the General Plan Land Use Diagram to reflect the applicant's request to change the land use designation of the Project Site from Public/Quasi-public to Residential Multi-family Medium High Density. Thus, the Proposed amendments to the EastLake II and EastLake III General Development Plans are in substantial conformance with the adopted General Plan as proposed to be amended. B. A PLANNED COMMUNITY DEVELOPMENT CAN BE INITIATED BY ESTABLISHMENT OF SPECIFIC USES OR SECTIONAL PLANNinG AREA PLANS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE. EastLake Il and Ii1 The EastLake i1 Sectional Planning Area (SPA) Plan was established in 1989 and 2000, respectively, and both SPAs are currently being developed. C. IN THE CASE OF PROPOSED RESDENTIAL DEVELOPMENT, THAT SUCH DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT IT WILL BE iN HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OF THE SURROUNDING AREA AND THAT THE SITES PROPOSED FOR PUBLIC FACILITIES SUCH AS SCHOOLS, PLAYGROUNDS AND PARKS, ARE ADEQUATE TO SERVE THE ANTICIPATED POPULATION AND APPEAR ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF. EastLake II and EastLake II1 The Project Site is located immediately adjacent to an existing multi-family residential site with a density range of 11-18 du's per acre. The proposed land use change, which is primarily to adjust the excess acreage designated for Community Purpose Facilities in EastLake is an extension of the existing multi-family site to the south and properly located in close proximity to schools, parks, commercial centers and local and regional transportation corridors. Thus, the proposed land use change is consistent with the housing goals and objectives described in the Housing Element of the General Plan. D. ADOPTION OF AMENDED GENERAL DEVELOPMENT PLAN In light of the findings above, the amended EastLake II and III General Development Plans are hereby approved and adopted in the form presented as Exhibit C and referenced on file in the office of the City Clerk. Resolution No. Page 5 VIII. SPA FINDINGS/APPROVAL A. THE SECTIONAL PLANNING AREA (SPA) PLANS (AS AMENDED) ARE IN CONFORMITY WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN EastLake II and EastLake III Sectional Planning Area (SPA) Plan The SPA Plan is proposed to be amended to reflect the proposed amendments to the General Plan and EastLake II General Development Plan. Thus, the amendments t: the EastLake II and EastLake iii SPA Plans will be consistent with the General Plan and EastLake II General Development Plans, as proposed to be amended. B. THE SECTIONAL PLANNING AREA PLANS WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE iNVOLVED SECTIONAL PLANNING AREAS. The development of the Project Site is subject to the requirements, restrictions and limitations prescribed in the EastLake Il and EastLake III Public Facilities Finance Plan (PFFP), and therefore will be constructed in the order outlined in the PFFP. C. THE EASTLAKE II AND III SECTIONAL PLANNING AREA (SPA) PLANS, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESiDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The Project Site land use designation is the same as the southerly adjacent parcel, and is separated from single-family residential lots to the east by a 200-foot wide utility easement. The land uses to the north include a religious institution across the utility easement; to the west a water storage tank across EastLake Parkway, which is a 4-lane prime arterial. Thus, the proposed Multi-family Residential land use designation is compatible with surrounding land uses and is adjacent to public transportation corridors, a future commercial center and other public facilities, resulting in a desirable environmental quality. D. 1N THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH Resolution No. Page 6 DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The amendments do not involve areas planned for industrial or research uses. E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL AND OTHER SIMILAR NON-RESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE 1N AREA, LOCATION AND OVERALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The proposed amendments do not involve Institutional, Recreational or similar uses. F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. Road improvements will be constructed per the timing requirements outlined in the EastLake Greens Public Facilities Financing Plan and/or as modified by condition of approval of the Tentative Subdivision Map, which delineates more specifically the required infrastructure improvements and installation timing in conjunction with proposed residential development. G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION(S) PROPOSED AND WILL PROViDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION(S). The proposed amendments do not involve commercial uses. H. THE AREA SURROUNDING SAID DEVELOPMENT COULD BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The surrounding area is already zoned and incorporated into a Sectional Planning Area Plan. As indicated above, the new land use designation for the Project Site is the same as the southerly adjacent parcel, and therefore compatible with the expected development in the immediate vicinity. I. In light of the findings above, the City Council does hereby approve the EastLake I1 and III SPA amendments. Resolution No. Page 7 IX. SPA CONDITION OF APPROVAL l. Implement, or cause the implementation of all mitigation measures pertaining to the Project identified in EIR 86-04 and EIR 97-04, the associated CEQA Findings of Fact and Mitigation Monitoring and Reporting Programs and as incorporated by reference in the Addendum to EIR 86-04 and EIR 97-04 (IS-02-009). 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 & Building. Mitigation measures shall be monitored via the Mitigation Monitoring and Reporting Programs approved in conjunction with EIR 86-04 and EIR 97-04. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning & Building should changes in the circumstances warrant such revision. (Planning & Building) X. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time. and any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, instituted and prosecute litigate or compel their compliance or seek damages for their violations. No vested rights are gained by Developer or successor in interest by the City approval of this Resolution. XI. 1NVALDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the City so determined in its sole discretion, this Resolution shall be deemed to be revoked and no further in force or in effect. Presented By: Approved as to form by: Robert A. Leiter ~ Planning & Building Director City Attorney EXHIBIT A LOCATOR EASTLAKE HIGH SCHOOL OTAY RANCH VILLAGE ~: FIVE GREENS PROPOSED COMMERCIAL FUTURE RESIDENTIAL OTAY RANCH VILLAGE SIX OTAY RANCH VILLAGE ELEVEN CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR e.O~CT ..oJEcr D~SC.~ON: APPUCN~T: THE ~T~KE CO'ANY, ~C AMENDMENTS ~D~: S~&~ E~nt, n ~e ~h~ ~d~n R~U~ ~ pm~ a~nd~nt ~ ~e ~neml Plan, of the EasHake Greens Community. ~akellGDP/SPA~ndu~d~nafionof4.4a~ ~: FI~ NU~ ~m Public Quas~i~CPP ~ ~ium High ~iden0aJ 11-16 d~ac). NORTH No S~le PCM~10 Re!a~ C~s}: PC~I IS~1 GPA~2. EXHIBIT B AMENDMENT PAGES Amendment to "Land Swap" CPF EastLake II & III GDP EastLake II & III SPA EastLake Greens Neighborhood REVISED DRAFT January 28, 2003 ~,,,~,,.,,,~L - Text Deleted Underline = Text Added Project Sponsor: The EastLake Company 900 Lane Avenue, Suite 100 Chula Vista, CA 91914 Contact: Guy Asaro (619) 421-0127 Prepared by: Cinti Land Planning 2932 Poinsettia Drive San Diego, CA 92106 Contact: Gary P. Cinti (619) 223-7408 General Plan Amendment Revise map to change 4.4 acres of Public/Quasi-Public to Medium High Residential (see exhibits on the following pages) (1/28/03) Page 2 of 34 (1/28/03) Page3of34 EastLake II General Development Plan Revise General Development Plan map to change 4.4 acres of the CPF site adjacent to the SDG&E easement to Medium High Residential with no increase in units permitted. Revise Table "B" to reflect change in Land Use statistics Revise Section 11 to reflect statistical and exhibit revisions due to change in CPF site #1. (I/28/03) Page 4 of $4 (1/28/03) Page 5 of 34 (1/28/03) Table B GDP Land Use Statistics (acres) Land Use Category NEIGHBORHOOD AREA TOTALS Hills Shores Salt Creek Greens Trails Business I Center-t RESIDENTIAL Low (0-3 du/ac) 109.4 0 43.6 34.4 10.4 0 197.8 Low-Medium (3-6 du/ac) 35.3 36.4 0 183.9 195.6 0 451.2 Medium (6-11 du/ac) 0 66.3 0 156.1 18.4 0 240.8 Medium-High (11-18 0 24.3 28.5 99.5 0 0 152.3 du/ac) 103.9 156.7 High (18-27 du/ac) 0 10.3 0 0 0 0 10.3 Sub-total 144.7 137.3 72.1 473.9 224.4 0 1052.4 478.3 1056.8 NON- RESIDENTIAL Retail Commercial 0 0 0 19.6 0 38.1 57.7 Freeway Commercial 0 0 0 50.7 0 0 50.7 Professional & 0 0 0 24.7 0 13.6 38.3 Administxative Research & Limited 0 0 0 0 0 245.1 247.3 Manufacturing Open Space 93.6 54.8 18.9 37.9 5.3 4.6 215.1 Public/Quasi-public 10.0 0 0 85.3 17.8 0 113.1 80.9 108.7 Parks & Recreation 2.4 21.4 0 197.8 51.5 9.1 282.2 Major Circulation * * * 105.0 16.0 * 224.9 Future Urban 0 0 0 0 0 0 0 Sub-total 2o9.6' 76.2* 18.9' ,~,.v ..... 90.6, ..... 516.6' 1224.9 TOTAL 2281.7 · Acreage not allocated (Sub-total excludes MaSor Circulation. except for Greys & Trails Neighborhoods) ~ Includes Village Center North uses. (1/28/03) ?age 7 of 34 ' :- 1.11 Implementation 1.11.1 Growth Management/Phasing This GDP will be used by the City and the developer to ensure that development occurs in an orderly fashion and that public facilities are provided concurrent with need while, at the sm-ne time, providing flexibility to allow the developer to respond to changing market conditions. The conceptual phasing information has been and will be presented in the SPA Plan to be developed primarily for the purposes of determining preliminary circulation and public facility requirements. The objective of these phasing plans is that public facilities will be provided concurrent with need and in accordance with the threshold standards established by the City of Chula Vista. · 1.11.2 Community Facilities & Improvements Specific community facility requirements will be identified for each SPA Plan. The following standards have been established for community facilities. Circulation: Development within EastLake II shall comply with the City's Level of Service "C" requirement for the operation of circulation element roads. A transportation phasing plan consistent with the City's Grox~h Management Element shall be incorporated into the SPA Plans to ensure that level of service standards are met. · Water: A detailed water master plan shall be prepared in conjunction with each SPA Plan. The water master plan shall be subject to review and approval by the Otay Water District. Sewer: A detailed sewer master plan shall be prepared in conjunction with each SPA Plan. The sewer master plan shall include consideration ofreclaimed water and shall be subject to review and approval by the City of Chula Vista. Drainage: A conceptual drainage plan shall be included in each SPA Plan. The conceptual drainage plan shall, in particular, address drainage areas in Salt Creek. Drainage plans for individual developments shall be prepared to the satisfaction of the City Engineer. · Fire and Police: Each SPA Plan shall define specific facility requirements for fire and police protection to the satisfaction of the Chula Vista Police and Fire Departments. · Schools: School facility requirements shall be defined in EastLake 1I GDP and each subsequent SPA Plan to the satisfaction of the Chula Vista Elementary School District and the Sweetwater Union High School District. Three elementary school sites and one high school site are provided within the EastLake Ii GDP area. As of this most current GDP amendment, all sites have been implemented. (1/28/03) Page S of 34~.~5~,, Su m~a't = Text Deleted Underline = Text Added IMPLEMENTATION 1.11.3 Community Purpose Facilities Table D Community Purpose Facility Acres for EastLake EastLake East.Lake EastLake Total II* II* III Greens Trails (adopted Neigh** Neigh. GDP) Dwelling Units 3443 1143 2061 6647 CPF ac/du 0.004003 0.004003 0.004003 - - CPF Required (ac) 13.8 4.6 8.3 26.7 CPF Provided (ac) ~-5~11.4 4.6 10.8 31.126.7 * EastLake I (North qfOtay Lakes Road) is excluded from this table. ** Includes vroposed Land Swap amendment. 1.11.3.3 Proposed CPF Sites The CPF master Plan provide a total of 31.1 26.7 acres in four three different sites. Exhibit 7, identifies the proposed CPF sites which are described in more detail below. Site 1 (Existing): Located in EastLake Greens,--a'po;aSmrofthis 15.8 11.4acre site' t~ ~.~ ~l,~ has been conveyed to a relig/ous institution for use as a place of worship. The, .... ~,,,,,~,~' ' ~,,~. ,~ ~'~,~ ~te' 3.6 Site 2: This CPF site is located within the Trails nei~borhood and is proposed to conditionally permit little league ball fields for non-profit organizations serving the local community. The development of the site (4.6 acres) would be subject to the requirements outlined in the EastLake II Planned Community District Regulations and Section 19.48.040(B)(6)(d) of the Chula Vista Municipal Code. Site 3: This site is located in the Vistas neighborhood of EastLake 1II GDP and consists of 10.8 acres. The future Vistas SPA Plan will refine the exact location and acreage this site The sites identified on this Master Plan are, or will be, designated in the Planned Community District Regulations as "CPF" to insure their continued availability pursuant to city requirements. (1/28/03) Page 9 of 34 Stritccrmt = Text Deleted Underlin~ee = Text Added IMPLEMENTATION MasterPlanof Community Purpose Facilities Adopted ! % % \ \ (~) EastLake Greens O EastLake Greens O EastLake Trails O EastLake Vistas EaslLake II Eas~lake ii EaslLake II1 I Greens SPA Trails SPA GDP Total Dwellin~ Units 3443 1143 2061 ] 6647 EPF Acres Required 13.8 4.6 8.3 26.7 CPi=Acres Provided 15.8 4.6 10.8 31.1 EastLake III - Woods ( nEo;,.tmLc:ukdee~ ) / ~ East,ake Trai,s % EastLake III - Vistas Easllake Greens~ A planned community by The EastLake Company 7/17/01 (1/28/03) Page lO of 34 //4? Su ~[eom = Text Deleted Underline = Text Added IMPLEMENTATION MasterPlanof Community Purpose Facilities Proposed CPF Locations 0 EastLake Greens 0 EastLake Trails ~ EastLake Wstas EaslLake II ! EastLake Il Ea~Lake III Total Greens Neigh TraiLs Neigh. 6DP 3443 1143 2061 CI>F Acres Required 13.15 ~ 4.6 8.3 26.7 CPF Acres Provided 11.4 ! 4.6 i 10.8 26.7 EastLake 111 - Woods EastLake I Fastlake Trails (not included EastLake 111 - Vistas Eastlake Greens A planned community byTne Eest~ke Company 7-23-02 (1/28/03) Page I! of 34 EastLake III General Development Plan · Revise Section 11.to reflect statistical and exhibit revisions due to change in CPF site #1. (1/28/03) Page 12 of 34 IMPLEMENTA'i] ON 1.1.11 Implementation I.l.ll.1 Growth Management/Phasing This GDP will be used by the City and the developer to ensure that development occurs in an orderly fashion and that public facilities are provi~led concurrent with need while, at the same time, providing flexibility to allow the developer to respond to changqng market conditions. The conceptual phasing information has been and will be presented in the SPA Plan to be developed primarily for the purposes of determining preliminary circulation and public facility requirements. The objective of these phasing plans is that public facilities will be provided concurrent with need and in accordance with the threshold standards established by the City of Chula Vista. 1.1.11.2 Community Facilities & Improvements Specific community facility requirements will be identified for each SPA Plan. The following standards have been established for community facilities. Circulation: Development within EastLake II shall comply with the City's Level of Service "C" requirement for the operation of circulation element roads. A transportation phasing plan consistent with the City's Growth Management Element shall be incorporated into the SPA Plans to ensure that level of service standards are met. · Water: A detailed water master plan shall be prepared in conjunction with each SPA Plan. The water master plan shall be subject to review and approval by the Otay Water District. · Sewer: A detailed sewer master plan shall be prepared in conjunction with each SPA Plan. The sewer master plan shall include consideration o. freelaimed water and shall be subject to review and approval by the City of Chula Vista. · Drainage: A conceptual drainage plan shall be included in each SPA Plan. The conceptual drainage plan shall, in particular, address drainage areas in Salt Creek. Drainage plans for individual developments shall be prepared to the satisfaction of the City Engineer. · Fire and Police: Each SPA Plan shall define specific facility requirements for fire and police protection to the satisfaction of the Chula Vista Police and Fire Departments. Schools: School facility requirements shall be defined in EastLake 11 GDP and each subsequent SPA Plan to the satisfaction of the Chula Vista Elementary School District and the Sweetwater Union High School District. Three elementary school sites and one high school site are provided within the EastLake II GDP area. As of this most current GDP amendment, all sites have been implemented. (I/28/03) Page 13 of 34 IMPLEMENTATION Table D Community Purpose Facility Acres for EastLake EastLake EastLake EastLake Total II* II* I~ Greens Trails (adopted Neigh** Neigh. GDP) Dwelling Units 3443 1143 2061 6647 CPF ac/du 0.004003 0.004003 0.004003 - - CPF Required (ac) 13.8 4.6 8.3 26.7 CPF Prov/ded (ac) 15.811.4 4.6 10.8 31.126.7 * EastLake I (North of Ota? Lakes Road) is excluded,from this table. ** Includes proposed Land Swap amendment. 1.1.11.3.3 Proposed CPF Sites The CPF master Plan provide a total of 31.1 26.7 acres in four three different sites· Exhibit 7, identifies the proposed CPF sites which are described in more detail below. Site 1 (Existing): Located in EastLake Greens, a po~iio, of this 15.8 11.4 acre site (12.2 a,.l,~) has been ydt Ii~ si tit tio fo pl f hip ........... conve e o a re ou ns u n r use as a ace o wors . 111~.. l~..llllltlllllS pul LltJii Site 2: This CPF site is located within the Trails neighborhood and is proposed to conditionally permit little league ball fields for non-profit organizations serving the local community. The development of the site (4.6 acres) would be subject to the requirements outlined in the EastLake II Plarmed Community Dislrict Regulations and Section 19.48.040(B)(6)(d) of the Chula Vista Municipal Code. Site 3: This site is located in the Vistas neighborhood of EastLake 111 GDP and consists of 10.8 acres. The future Vistas SPA Plan will refine the exact location and acreage this site The sites identified on this Master Plan are, or will be, designated in the Planned Conmaunity District Regulations as "CPF" to insure their continued availability pursuant to city requirements. With the exception of CPF site Nos. 2 and 3, which xvill include little league ball fields as a conditional use permit, the above mentioned CPF sites could accommodate by conditional use permit the following land uses: (1/28/03) Page 14 of 34 IMPLEMENTATION Master Plan of Community Purpose Facilities Adopted CPF Locations (~ EastLake Greens O EastLake Greens O EastLake Trails ~ EastLake ~tas I E~take Il Gree~ SPA ~ Tralk SPA GDP Total ~F A~ Required 4.5 8.3 26.7 ~F Acr~ Pro~de~ 15,8 4,6 10.8 31.1 ~~ EastLake III - ~stas East[ake Greens A planned communi~ by ~e East~ke Company 7/17/01 (1/28/03) Page 15 of 34 //~z.. MasterPlanof Community Purpose Facilities Proposed I % I \ \ ~1EastLake Greens 0 EastLake Trails ~1EastLake V~stas EaslLake I! EastLake II EastLa/e Greens Neigh. Tra s Ne gh. GOP Total Dwellin,q Units 3443 11,43 2061 6647 CPF Acres Required 13.B 4.6 8.3 26.7 CPF Acres Provid ed 11.4 4.6 10.8 26_7 ;~-~i:~ ~ EastlakeEaStLakeTrails[l} - Woods EastLake (not included) · ~ EastLake III - V~stas Eastlak EASTLAKE ~Cin1,~i L~?~n~,Pl..on nin~ A planned communi~y byThe East~ke ~m~ny 7-23-02 (I/28/03) Page 16 of 34 EastLake II SPA Plan Revise Site Utilization Plan to reflect shift of 4.4 acres from Public/Quasi-Public to Medium High Residential with no increase in dwelling units permitted. (See following exhibits). (1/28/03) Page 17 of 34 (1/28/03) Page 18 of 34 ~.~?~ (1/28/03) Page 19434 (U28/03) Page 20 of 34 (I/28/03) Page 21 of 34 (1/28/03) Page 22 of 34 (1/28/03) Page 23 of 34 Excerpt for EastLake H SPA for Trails Neighborhood, Section 11.2. 7.13, page VII-10 Table E Community Purpose Facility Acres for EastLake EastLake EastLake EastLake Total n* n* m Greens Trails (adopted Neigh** Neigh. GDP) Dwellin~ Units 3443 1143 2061 6647 CPF ac/du 0.004003 0.004003 0.004003 - - CPF Required (ac) 13.8 4.6 8.3 26.7 CPF Prov/ded (ac) 15.811.4 4.6 10.8 31.126.7 * EastLake I (North of Otay Lakes Road) is excluded from this table. ** Includes proposed Land Swap amendment. (1/28/03) Page 24 of 34 EastLake III SPA Plan °Revise Section 7 to reflect statistical and exhibit revisions due to change in CPF site #1. (1/28/03) Page 25 of 34 Table D Community Purpose Facility Acres for EastLake EastLake EastLake EastLake Total II* II* III Greens Trails (adopted Neigh** Neigh. GDP) Dwelling Units 3443 1143 ~2061 6647 CPF ac/du 0.004003 0.004003 0.004003 - - CI'F Required 13.8 4.6 8.3 26.7 (ac) CPF Provided 15.[111.4 4.6 10.8 31.126.7 (ac) * EastLake I (North ofOta, v Lakes Road) is excluded,from this table. ** Includes proposed Land Swap amendment II.2.7.13.3 Proposed CPF Sites The CPF master Plan provide a total of 31.1 26.7 acres in f,~r three different sites. Exhibit 7, identifies the proposed CPF sites which are described in more detail below. Site 1 (Existing): Located in EastLake Greens, a pc~iio, ,~fthis 15.[t 11.4 acre site (12.2 ac, cs) has been li~ pl hip conveyed to are ous institution for use as a ace ofwors . Site 2: This CPF site is located with/n the Trails neighborhood and is proposed to conditionally permit little league ball fields for non-profit organizations serving the local corranunity. The development of the site (4.6 acres) would be subject to the requirements outlined in the EastLake 1/Planned Community District Regulations and Section 19.48.040(B)(6)(d) of the Chula Vista Municipal Code. Site 3: This site is located in the Vistas neighborhood of EastLake III GDP and consists of 10.8 acres. The future Vistas SPA Plan will refine the exact location and acreage this site The sites identified on this Master Plan are, or will be, designated in the Planned Community District Regulations as "CPF" to insure their continued availability pursuant to city requirements. With the exception of CPF site Nos. 2 and 3, which will include little league ball fields as a conditional use permit, the above mentioned CPF sites could accommodate by conditional use permit the following land uses: (1/28/03) Page 26 of 34 MasterPlanof Community Purpose Facilities Adopted % CPF Locations a EastLake Greens ~ (Future) ~ EastLake Trails EastLake Vistas EastLake 11 EastLake II EastLake III GreensSPA TfailsSPA GDP Total Dwelling Units 3~43 1143 2061 6647 CPF Acres Required 13.8 4.6 8.3 26.7 CPF Acres Provided 1fi.8 4.6 10.8 31.1 1~__~~/'~'~ ~ EastLake III - Woods (notEastLakeincluded) · ~ ~ Easflake Trails --'EASTLAKE !11 A planned communi~ by ~e EastLake Company 7/1 7/01 (i/2~/u3) Page 27 oJ ~4 MasterPlanof Community Purpose Facilities Proposed CPF Locations O FastLake Greens O EastLake Trails ~ EastLake Vistas EastLake II Eas~Lake II EastLake ill Greens Neigh Trails Neigh. (;DP Total ! Dwellin,~ Umts 3443 1143 2061 6647 ;CPF AcreS Required 13.8 4.6 8.3 26.7 :CPF Acre~ Provided 11.4 4.6 10.8 26.7 nEo;i~ild~ ~-~ EastLake 11] - Woods ~ Eastlake Trails ( EastLake III- V~stas CJnl~.,~ L~o.n~ d~.,Pl_onning - EASTLAKE A planned communlt-/ by"i'he EastLake Company 7-23-02 ' ' (1/28/03) Page 28 of 34 EastLake II PC District Regulations RexSse Land Use Districts map to reflect shift of 4.4 acres from Public/Quasi-Public to Medium High Residential with no increase in dwelling units permitted. (See following exhibits). (1/28/03) Page 29 of 34 t1.?'.~ ~ Land Use Districts Adopted RESIDENTIAL ~~-~~ V/t////~~~) ~ Proposed Amendment Location ~.~ST~~ !1 A planned communi~ by ~ Eas~ake (1/28/03) Page 30 of 34 Land Use Districts Proposed RESIDENT[AL Re~Jer~ Estates J RM-44 J~~ m~OE C~ & ~ERC~ ~ ~ ~ J~SINE~ C~R ~ ~ ~ ~Business Center - Core District ~ Proposed Amendment Location ~.~ A plann~ comuni~ by ~e EastLake Co, ~7~3~2 (1/28/03) Page31of34 EastLake Greens Neighborhood Design Guideline Supplement for "Land Swap" Area Rex,ise and update Design Guidelines Exhibit for Parcel R-9 to reflect changes. (See following exhibits) (1/28/03) Page32of34 Parcel R-9 Proposed PQ-2 j SD(~E ~ I or SI~--1NA F~semelYC \ R-23 / - Pe~es~an Conn~io~Sto T~il System a~' Pa~ - ~ t ~'~,, Olympic Cinli Lo~ P~nning ~EASTLAKE GREENS A PIo~ C~ily in ~ City o~ Chulo (1/28/03) Page 34 of 34 ORDiNANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS, LAND USE DISTRICT MAP. I. RECITALS A Project Site WHEREAS the areas of land, which are the subject of this Ordinance are diagrammatically represented in Exhibit A and incorporated herein by this reference and for the purpose of general description herein consist of 4.4 acres known as portion of parcel GPQ-2 in the EastLake Greens SPA, and located on the east side of the future EastLake Parkway, approximately 2,100 fl north of Olympic Parkway within the EastLake Green Planned Community ("Project Site"); and, B. Project; Application for Discretionary Approvals WHEREAS, the proposed amendments to the EastLake II Planned Community District Regulations, Land Use Districts map consist of changing the adopted land use designation of the Project Site from CFP, community purpose Facility, to RM-25, Residential Multi family; and, C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements and agreements, including: 1 ) amended EastLake II General Development Plan (GDP) approved by City Council by Resolution No 2002-64 on July 23, 2002; 2) EastLake II Sectional Planning Area (SPA) Plan approved by City Council Resolution No 2002- l 51 on May 7, 2002; 3) EastLake Greens Neighborhood, Design Guidelines Supplement for "Land Swap" area of EastLake Greens, and EastLake Greens and "Land Swap Supplemental Public Facilities Financing Plan all adopted by Resolution 19275 on March 24, 1998; 4) amended EastLake Comprehensive Affordable Housing Program adopted by City Council Resolution 2001-220 on July 17, 2001; and 5) the amended EastLake II Planned Community District Regulations and Land Use Districts Map approved by City Council Ordinance No. 2863 on August 6, 2002, and, D. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on said Project on March 26, 2003, and after hearing staffpresentation and public testimony, and considering the Addendum to FSEIR 86-04 and FSEIR 97-04 for the EastLake Land Swap Residential Project (IS-03-009), voted ( _) to recommend that the City Council approve the Amendments to the EastLake II Planned Community District Regulations, Land Use Districts Map, in accordance with the findings listed below; and, Ordinance No. Page 2 E. City Council Record of Application WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on April 8, 2003 on the Project discretionary approval applications, and to receive the recommendation of the Planning Commission and to hear public testimony with regard to same; and, WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 500 of the exterior boundaries of the Project Sites at least ten days prior to the hearing. F Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council hearing at which this Ordinance was introduced for first reading on April 8, 2003, the City Council of the City of Chula Vista approved Resolution by which it adopted the Addendum to FSE1R 86-04 and FSEIR 97-04, imposed amendments on the City of Chula Vista General Plan, EastLake H and EastLake IH General Development Plans (GDP) and EastLake II and EastLake 1II Sectional Planning Area (SPA) plans. 11. NOW THEREFORE, the City of Chula Vista does hereby find, determine and ordain as follows: A. PREVIOUS FSEIR 86-04 and FSEiR 97-04 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The Environmental Review Coordinator has determined that any impacts associated with the Project have been previously addressed by the FSEIR 86-04, Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and FSEIR 97- 04, Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program, and has, therefore, prepared an addendum to said FSEIRs. The Project is in substantial conformance with the analysis in the FSEIRs and, therefore, approval and implementation of the Project does not change the basic conclusions of these FSEIRs. The has been prepared in accordance with requirements of the California Environmental Quality Act, State EIR Guidelines and the Envirortmental Review Procedures of the City of Chula Vista; and, B. COMPLIANCE WITH CEQA The City Council found that the Addendum 1S-03-009 has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), the State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista. C INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council found that the Addendum to FSE1R 86-04 and FSEIR 97-04 for the Land // Ordinance No. Page 3 Swap Residential Project (IS-03-009) reflected the independent judgment of the City Council of the City of Chula Vista and adopted the Addendum to FSEIR 86-04 and FSEIR 97-04. D. FINDINGS FOR P-C PLANNED COMMUNITY ZONE AMENDMENTS The City Council hereby finds that the proposed amendments to the EastLake I1 Plarmed Community District Regulations are consistent with the City of Chula Vista General Plan, as concurrently amended, and public necessity, convenience, the general welfare and good zoning practice support the amendment. B. APPROVAL OF ZONE AMENDMENTS The City Council does hereby approve the amendments to the EastLake II Planned Community District Regulations, Land Use Districts Map as represented in Exhibit B. Ill. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Ordinance is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforcable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. VI. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by Bob Leiter AnOn~ '/~oore Planning and Building Director City Attorney EXHIBIT A LOCATOR EASTLAKE HIGH SCHOOL OTAY RANCH VILLAGE FIVE EASTLAKE GPIGOPISPJ GREENS OTAY V~R Amendment D/STRICT ~or 4.4 acres site OTAY RANCH VILLAGE SiX OTAYRANCH VILLAGE ELEVEN J CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR P.o~-c~r PROJECT DE,SCRIFrnON: O APPUc~rr:THE EASTLAKE CO~Y, ~C AMENDMENTS ~O~: S~ E~ ~ ~ ~h~ ~ R~U~ ~e pm~ amendment ~ ~e ~ml PI~, ol Ine East ake Greens Community. ~flake II GDP/SPAto ~eJand u~ ~nafl~ ~4.4 a~ ~m Pu~ Ouas~i~CPp ~ M~ium H~ ~iden~l ~ FI~ NU~ (11-16 d~). NOR~ No S~le PCM~10 Re~ ~s~: P~I I~1GPA~2. EXHIBIT B AMENDMENT PAGES Land Use Districts Proposed VILLAGE C~TER & COMMERCIAL ~ ~ Proposed Amendment Location AHan~ ~mm~ ~ ~ EaSt~ke Co. i ~ 17~2 (1/28/03) Page 30 of 33 I/-/?? CITY COUNCIL AGENDA STATEMENT Item: Meeting Date: 04/8/03 ITEM TITLE: PUBLIC HEARING: PCS 03-04; Consideration of Tentative Subdivision Map to divide approximately 62.64 acres into 4 super-lots and 2 open space lots.-The EastLake Company. RESOLUTION: approving and establishing conditions of the Tentative Map for EastLake Landswap, Chula Vista Tract ~)3-04. SUBMITTED BY: Director of Planning and Buildin~ ~ REVIEWED BY: City Manager~d~~ ~ (4/5 Vote: Yes No X ) The applicant, The Eastlake Company, submitted an application for a tentative subdivision map to divide a 62.64 acre into 4 superqots and 2 open space lots ("Project"). The Project is located at the northeast comer of EastLake Parkway and Olympic Parkway within the EastLake Greens residential community. ("project site"). The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project was covered by the Final Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-zone and Annexation (FSEIR 86-04) and Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program (FSEIR 97-04). The Environmental Review Coordinator has determined that only minor technical changes or additions to the document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent EIR have occurred. RECOMMENDATION: Approve the proposed tentative subdivision map based on the findings and subject to the conditions contained in the attached City Council Resolution. BOARDS AND COMMISSION RECOMMENDATION: Because the Planning Commission hearing on this item has been scheduled for a day following the preparation of this report, staffwill be prepared to give a verbal presentation of the Planning Commission recommendation at the City Council Meeting. Page 2, Item: Meeting Date: DISCUSSION: 1. Existing Site Characteristics The project is an irregular shaped parcel located on the east side of future EastLake Parkway and surrounded by the following land uses: Surrounding Land Uses Chnla Vista GDP Land PC District Municipal General Plan Use (Land Use Existing Code Designation Designation District) Land Use Pr~ect Rite PC (Planned Medium High M'H, Medium RM-25, Residential Vacant Community) Residential High Multi-Family Residential South (across PC (Planned Medium-High Medium High RM- 1, Residential Vacant (future Olympic Community) Residential Residential Multi-Family Village 11 in Parkway) Otay Ranch) East (across PC (Planned Low Medium M (Medium RC-10 (Residential existing utility Community) Residential (3-6 Residential); P Condominium);OS- residential; easement) du/ac) (Parks & 4 (open space); RS- future park Recreation); 5 (Residential LM (Low- single-family) Medium Residential) West (across PC (Planned PQ, Public/ Public/Quasi PQ, Pubic/Quasi- OWD Water EastLake Community) Quasi-Public Public Public (northern Storage Tank Parkway) (northern (northern portion); (northern portion); portion); FC, Freeway portion); Retail (southern FC, Freeway Commercial Future portion) Commercial (southern portion) commercial (southern (southern portion) portion) North PC (Planned Public/Quasi- Public/Quasi- PQ, Religious Commumty) Public Public Pubhc/Quasi- Institution Pubic The "Project Site" has been previously mass graded into two relatively flat pads in conjunction with improvements to EastLake Parkway. There is an approximately 20 ft. high slope nmning in an easterly direction and separating the two pads. The northern building pad (approximately 8 gross 2 Page 3, Item: Meeting Date: acres) contains slopes up to 22 ft. in height along Eastlake Parkway. The southern slope (approximately 54 gross areas) contains slopes up to 15 feet along EastLake Parkway, up to 40 feet along Olympic Parkway and up to 45 feet high on the east side adjacent to the utility corridor (see Attachment 2) 2. Project Description The Project contains 4 residential super-lots. Lot 1 contains 8.27 gross acres (6 net acres). Lot 2 contains 19.85 gross acres (18.44 net acres). Lot 3 contains 18.06 gross acres (16.69 net acres) and Lot 4 contains 11.27 gross acres (10.49 acres). Each of these four lots can either be developed with multi-family development or further subdivided to allow for single-family residential. A maximum of 750 residential units is allowed for the entire Project. The Project contains 2 open space lots, Lot 'GA" (2.51 gross acres) and Lot "B" (2.68 gross acres). These lots are located on the southern portion of the ~'Project Site", south and adjacent to Lots 3 and 4 and directly north of Olympic Parkway (see Attachment 2). 3. Analysis The subdivision consists of four separate super-lots for future single- or multi-family development Lot 1, located at the northernmost portion of the '~Project Site", is relatively flat except for a 20 ft. high slope running along its southern border. This slope provides for a physical separation between Lot I and the remaining lots (2,3 &4) to the south. Lot 2 is a level building pad with minimal slopes at its borders. The lot is bordered on the west by future EastLake Parkway and to the east by a 200-foot wide utility corridor. Lot 3 is situated approximately 20 feet above Olympic Parkway to the south and approximately 15 feet higher than future EastLake Parkway to the west. Lot 4, which contains approximately I 1 gross acres, is situated approximately 40 feet above Olympic Parkway to the south, and is adjacent to an open space lot containing slopes up to 40 feet high between the southern boundary of Lot 4 and Olympic Park~vay. The lots have been designed to allow for future multi- or single- family developments with an overall maximum of 750 units. The tentative map is consistent with the General Plan, EastLake li and I~ General Development Plans and EastLake Ii and iii Sectional Planning Area (SPA) Plans. Page 4, Item: Meeting Date: 4/8/03 Development of these super-lots are subject to subsequent Design Review and potentially a mom specific Tentative Map. The only specific development issue is the requirement for a pedestrian trail along the east side of the Project within the utility corridor. This is discussed more specifically in the Parks and Open Space section. Circnlatinn Primary access to each of the 4 lots will be via Olympic Parkway and future EastLake Parkway. More specifically, access to Lot 1 is from EastLake Pakway. The intersection is planned to be signalized and to provide for right and left turn movements. Access to Lots 2, 3 & 4 is provided along EastLake Parkway and Olympic Parkway via a private street. All access driveways have been aligned with the westerly and southerly developments. A future road alignment between the east side of Lot 3 and the west side of Lot 2 & 4 will provide an internal connection from EastLake Parkway and Olympic Parkway and, thereby, provide vehicular access to all three of these lots (2,3 &4). The new intersection along Olympic Parkway will be aligned with the intersection of Village 11 (Otay Ranch) on the south side of Olympic Parkway (see Attachment 2, Figure 1). Affordahle Hmming The EastLake Comprehensive Affordable Housing Program has identified the EastLake "Land Swap site as one of four sites throughout EastLake to provide affordable housing. It is anticipated that one of these lots will be developed with an affordable housing project (see Attachment 2, Figure 2). Park~ and Open Space The Project is served by an existing 15 acre community park loctated just north of the EastLake High School and a future 11.8 acre neighborhood park located east of the 200-foot utility corridor within the EastLake Greens neighborhood. Both of these parks are in close proximity to the "Project Site". In fact, the Project is being conditioned to provide a trail connecting the four super-lots to the neighborhood park in the Greens neighborhood (as discussed below). In addition, a pedestrian trail has been provided along the Project frontage of Olympic Parkway and will also extend along EastLake Parkway. Pursuant to Section II.4.5 of the EastLake Greens SPA (Design Guidelines Supplement for "Land Swap Area,"Gmphic for Parcel R-9), the Developer is required to provide a pedestrian trail along the eastern edge of the "Project Site" between Olympic Parkway and Eastlake Parkway. The SPA currently depicts the trail running through the 200 foot wide corridor, which lies adjacent to the eastern boundary of the utility easement. In order to provide the trail at this location, the developer will be required to secure permission from SDG&E and the SDCWA to construct the trail within the easement. Staff has further agreed that if permission cannot be obtained to construct the trail within the easement, the developer may then construct the trail along the eastern edge of Lots 1, 2 and 4 at the time they are developed. In addition, the applicant is required to construct a pedestrian connection between the pedestrian trail and the 4 Page 5, Item: Meeting Date: a?/O.~ neighborhood park (Park P-3){sce Attachment 2, Fig~e 3}. The applicant has agreed to this requirement. Rather than providing the additional neighborhood parks outlined in the adopted EastLake Greens Neighborhood Plan, EastLake has paid in-lieu fees for any remaining park obligations. Therefore, the Developer has satisfied all park dedication and development fee obligations through the adoption by the City Council of the "Second Amended and Restated Development Agreement Between The City of Chula Vista and The EastLake Company, LLC for EastLake I~ (Trails, Woods, Vistas, Business Center Expansion, Olympic Training Site and Land Swap) doc #2001-0807936 dated November I, 2001 .' The Project is conveniently located in close proximity to both the EastLake High School and the Olympic View Elementary School. The Chula Vista Elementary School District has indicated that since the Project is in EastLake, school mitigation has been satisfied through participation in Community Facilities District (CFD No. 1) which has been formed by the EastLake Planned Community. Drainage The current mass/rough grading of the Project Site allows for surface drainage only. Plans showing how the drainage will work for the individual project sites will be shown on the next grading plan submitted for review and approval by the City and must comply with all the City standards. The project has been conditioned to require that the developer demonstrate on the Master Final Map that the four lots created will have the ability to connect to public utilities. At this time, the developer has not determined whether the sewer laterals running through Lots 2, 3 & 4 will be public or private. The project is further conditioned to construct all public and private improvements located within the common private street in conjunction with the first residential building on Lots 2, 3 & 4, whichever occurs earlier. Water The Otay Water District has reviewed the proposed Project and has indicated that the Project may be serviced from the 20-inch proposed potable main and the 16-inch proposed recycled main on EastLake Parkway. The Project may also be serviced from the 16-inch proposed potable main and the proposed 20-inch recycled main on Olympic Parkway. Additional proposed facilities within the "Land Swap" will be available in the future. Page 6, Item: Meeting Date: 4. Conclusion For the reasons stated above, staff recommends the City Council adopt the Resolution approving the tentative map based on the findings and subject to the conditions contained therein. FISCAL IMPACT: The applicant has paid for all costs associated with the processing of the Land Swap Tentative Subdivision Map and will be responsible for paying corresponding Development Impact fees and other applicable development fees, as they may be amended from time to time. AHachment~ 1 Planning Commission Resolution 2. Figures 3. Disclosure Statement EASTLAKE HIGH SCHOOL OTAY RANCH VILLAGE FIVE EASTI. AKE GREENS PARK PROPOSED FREEWAY COMMERC'~.L Tentative Map for 62.64 acres site OTAY RANCH VILLAGE SIX OTAY RANCH VILLAGE ELEVEN PROJECT LOCATOR ATTACHMENT 1 PLANNING COMMISSION RESOLUTION RESOLUTION NO PCS 03-04 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE AND ESTABLISH CONDITIONS OF THE TENAT1VE SUBDIVISION MAP FOR EASTLAKE LANDSWAP, CHULA VISTA TRACT 03-03 WHEREAS, duly verified application for a tentative subdivison map was filed with the City of Chula Vista Planning and Building Department on October 3, 2002 by the EastLake Company ("Developer") requesting approval to subdivide 62.64 acres into 4 superlots with a capacity for 750 single family attached/multi-family units. The tentative map also includes 2 open space lots ("Project"), and, WHEREAS the area of land, which is the subject of this Resolution, commonly known as Parcel GR-9 in the EastLake II SPA, is located south of existing EastLake Greens residential community, east of future EastLake Parkway and no~h of Olympic Parkway within the EastLake Planned Community ("project site"); and WHEREAS, the Environmental Review Coordinator has determined that any impacts associated with the Project have been previously addressed by the FSEIR 86-04, Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and FSE1R 97-04, Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program. The Project is in substantial conformance with the analysis in the FSEIRs and, therefore, approval and implementation of the Project does not change the basic conclusions of these FSEIRs. The has been prepared in accordance with requirements of the California Environmental Quality Act, State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista; and, WHEREAS, the Planning and Building Director set the time and place for a heating on the tentative map and notice of said heating, together with its purpose, was given by its publication in a newspaper of general cimulation in the city and its mailing to property owners and tenants within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the Planning Commigsion having received certain evidence on April 2, 2003, as set forth in record of proceedings herein by reference as is set forth in full, made certain findings as set forth in their recommending Resolution PCS 03-04 herein and recommended to the City Council approval of the application based on certain terms and conditions; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., April 2, 2003, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the attached City Council Resolution approving the Tentative Map for Chula Vista Tract 03-04 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. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 2"d day of April, 2003, by the following vote, m-wit: AYES: NOES: ABSENT: Russ Hall, Chairperson ATTEST: Diana Vargas, Secretary ATTACHMENT 2 FIGURES FIGURE 2 EXHIBIT I Proposed Low & Moderate Income Housing Composite General DeveloPment Plan for EastLake L Low Income Housing Sites SPA Key Map ~ ~"~/ ~) EastLake Vistas Site ~) EastLake Trails Site ~) EastLake Land Swap Site ~) EastLake Greens Site Moderate Income Housing Sites \ Dispersed without a~$ignment in M, MH, & H Categories _.~nd Land Planning A planned community by The EastLake Co. ~--~ FIGURE 3 Parcel R-9 P~oposed -' " ,~/ PARK ~L~. :\ R-23 : Pedestrian Connections:to C~in 1,,.~i/?..r~d~.P_/a n nih g ~EA$1tAKE GREEN5 ~ ~ A Plonned Community in ~ City of Chula V'LSIO (1/28/03) Page34of34 ATTACHMENT 3 OWNERSHIP DISCLOSURE FORM 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 contdbufions, 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, matedal supplier. T/~F__ r:z/~T~,/6E CO,] Lt.C 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. 3. If any person* identified pursuant to (1) above is non-profit organizat (~n ora 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. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes No '----'"qf yes, state which Councilmember(s):. . · (NOTE: ATTACH ADDITIONAL PAGES AS NEC/~AR~ Date:, ~4 ¢~.-,/3' O?_- ignatdre of contractor/applicant Print or type name of contractor/applicant · Person is defined as: ",4ny individual, firm, co-partnership joint venture, association, social club, freaternal organization, corporatiott estate, trust, receiver, syndicate, this and any other county, city and country, city municipality, district, or other political subdivision or any other group or combination acting as a unit." . RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF THE TENTATIVE MAP FOR EASTLAKE LANDSWAP CHULA VISTA TRACT 03-04 I. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagranrmatically represented in Exhibit A, copies of which are on file in the Office of the City Clerk, incorporated herein by reference, and commonly known as EastLake Lalid Swap Residential Tentative Subdivision Map, Chula Vista Tract 03-04; and for the purpose of general description herein consists of 62.64 acres, commonly known as Pamel GR-9 in the EastLake I1 SPA, located at the northeast comer of EastLake Parkway and Olympic Parkway within the EastLake Greens residential community ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on October 14, 2002, The EastLake Company (~Developer") filed a tentative subdivision map with the Planning & Building Department of the City of Chula Vista requesting approval of the Tentative Subdivision Map for 62.64 acres into 4 superlots with a capacity for 750 single-family attached/multi-family units. The tentative map also includes 2 open space lots ("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) amended EastLake Ii General Development Plan (GDP) approved by City Council by Resolution No 2002-64 on July 23, 2002; 2) EastLake II Sectional Planning Area (SPA) Plan approved by City Council Resolution No 2002-15I on May 7, 2002; 3) EastLake Greens Neighborhood, Design Guidelines Supplement for "Land Swap" area of EastLake Greens, and EastLake Greens and "Land Swap Supplemental Public Facilities Financing Plan all adopted by Resolution 19275 on March 24, 1998; 4) Final Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-zone and Annexation (FSEIR 86-04) and associated Mitigation Monitoring and Reporting Program certified on July 18, 1989; 5) Final Subsequent Environmental hnpact Report for the EastLake Trails/Greens Replanning Program (FSEIR 97-04) and associated Mitigation Monitoring and Reporting Program certified on November 24, 1998; 6) amended EastLake Comprehensive Affordable Housing Program adopted by City Council Resolution 2001-220 on July 17, 2001; and 7) the amended EastLake II Planned Community District Regulations and Land Use Map approved by City Council Ordinance No. 2863 on August 6, 2002; and D. Planning Commission Record of Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on April 2, 2003, and after hearing staff presentation and public testimony voted (xxxxxx) to Resolution xxxxx Page 2 recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and E. Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on April 8, 2003, 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 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 8, 2003, 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 bearing on the Project held on April 2, 2003, and the minutes and resolutions resulting therefrom, are hereby incor-porated into the record of this proceeding. 111. PREVIOUS FSEIR 86-04 and FSEIR 97-04 REVIEWED AND CONSIDERED~ FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and certified the Final Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-Zone and Annexation (FSEIR 86-04~ certified July 18, 1989) and Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program (FSEIR 97-04; certified November 24, 1998). 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 the Final Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) PIan and EastLake Trails Pre-Zone and Annexation (FSEIR 86-04) and Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program (FSEIR 97- 04). The Tentative Map is in substantial conformance with the project upon which the analysis containcd in FSEIR 86-04 and FSEIR 97-04 was based and, therefore, approval and implementation of the Tentative Map does not change the basic conclusions of these EIRs. Resolution xxxxx Page 3 V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised their independent revie~v and judgment and concurs with the Environmental Review Coordinator's determination that the proposed project was adequately covered in FSEIR 86-04 and FSEIR 97-04, and that said documents were prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista. 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 Land Swap Residential, Chula Vita Tract No. 03-04, is in conformance with the elements of the City's General Plan, based on the fbllowing: 1. Land Use The EastLake Land Swap Residential parcel provides for Medium-High (11-18 du/ac). The proposed subdivision incorporates provides for four super lots to be subsequently developed with multi-family projects. Thus, the project as conditioned is in substantial compliance with the EastLake ii GDP and SPA and EastLake Greens Neighborhood SPA., and since the GDP and SPA are in substantial confornmnce 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 Greens Public Facilities Financing Plan. The public streets xvithin 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 Director of Engineering. 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 Greens Neighborhood 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 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. Parcel Number 1 will be developed with an affordable housing consisting of 150 units. Resolution xxxxx Page 4 4. Conservation FSEIR 86-04 and FSEIR 97-04 address the goals and policies of the Conservation Element of the General Plan and found the development of this site to be consistent with these goals and policies. 5. Parks & Building Construction, Open Space The Project is served by an existing 15-acre community park located just north of the Eastlake High School, and will be constructing a future 11.8 acre neighborhood park (P- 3) located east of the 2o0 foot utility corridor which runs parallel adjacent to the east side of the Project. The Developer has satisfied all park dedication and development fee obligations through the adoption by the City Council of the "Second Amended and Restated Development Agreement Between The City of Chula Vista and The EastLake Company, LLC for EastLake III (Trails, Woods, Vistas, Business Center Expansion, Olympic Training Site and Land Swap) doc #2001-0807936 dated November 1,2001" 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 FSEIR 86-04 and FSEIR 97-04 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 in excess of 45 dBA and exterior noise exposure over 60 dBA for all outside habitable areas. 9. Scenic Highway The project site is located adjacent to designated scenic highways (Olympic Parkway). The project will be developed in compliance with Section 8 of the Land Use Element of the Chula Vista General Plan. 10, Bicycle Routes Although no designated regionaI 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 Resolution xxxxx Page 5 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 of the residents of the City and the available fiscal and environmental resources. C. The configuration, orientation and topography of the site partially allows for the optimum 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 ali standards established by the City for such project. E. The conditions herein imposed on the grant of pemfit or other entitlement heroin contained is approximately proportional both in nature and extend to the impact created by the proposed development. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. VII. GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract 03-04, Final Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-zone and Annexation (FSEIR 86-04) and associated Mitigation Monitoring and Reporting Program, Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program (FSEiR 97-04) and associated Mitigation Monitoring and Reporting Program and Addendum to FSEIR 86-04 and FSE1R 97-04 (IS-03-009), 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 Supplemental Environmental Impact Report for the EastLake Greens Sectional Plmming Area (SPA) Plan and EastLake Trails Pre-zone and Annexation (FSEIR 86-04) and associated Mitigation Resolution xxxxx Page 6 Monitoring and Reporting Program and Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program (FSEIR 9'7-04) and associated Mitigation Monitoring and Reporting Program. 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 & Building and Environmental Review Coordinator. Mitigation Measures shall be monitored via the Mitigation Monitoring Programs approved in conjunction with FSEIR 86-04 and FSEIR 97-04. Modification of the sequence shall be at the discretion of the Director of Planning & 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 Greens Public Facilities Financing Plan, as amended or as required by the Director of Engineering, to meet the threshold standards adopted by the City of Chula Vista. The Director of Engineering and Planning & 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 II Planned Community District Regulations and Design Guidelines Supplement for "Land Swap" area of EastLake Greens and all multi-family projects shall be submitted for review and approval under the City's Design Review process prior to submittal for building permits. E. Contingency o f Pro. ject Approval Approval of the Tentative Map is contingent upon the approval of the GDP/SPA amendment (PCM 03-10) and Ordinance taking effect. 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 each final map. GENERAL/PRELIMINARY 1. Ali of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the property. (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) an~ended EastLake II General Development Plan (GDP) approved by City Council by Resolution No 2002-64 on July 23, 2002; 2) EastLake II Sectional Planning Area (SPA) Plan approved by City Council Resolution No 2202-151 on May 7, 2002; 3) EastLake Greens Neighborhood Plan, Design Guidelines Supplement for "Land Swap" area of Resolution xxxxx Page 7 EastLake Greens, and EastLake Greens and "Land Swap Supplemental Public Facilities Financing Plan all adopted by Resolution 19275 on March 24, 1998; 4) Final Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-zone and Annexation (EIR 86-04) and associated Mitigation Monitoring and Reporting Program; 5) Final Subsequent Environmental Impact Report (EIR) for the EastLake Trails/Greens Replanning Program (EIR 97-04) and associated Mitigation Monitoring and Reporting Program certified on November 24, 1998; 6) Addendum to FSE1R 86-04 and FSEIR 97-04 for the EastLake Land Swap Residential Project (IS-03-009); 7) amended EastLake Comprehensive Affordable Housing Program adopted by City Council Resolution 2001-220 on July 17, 2001; and 7) the amended EastLake II Planned Community District Regulations and Land Use Map approved by City Council Ordinance 2863 on August 6, 2002. 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 required to comply with the above regulatory documents. Said Agreement shall also ensure that, after approval of the final map, the developer will continue to comply, remain in compliance, and implement such Plans. (Planning & Building) 3. 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 subinittals (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 o f the land i f the applicable final map does not record. (Engineering) 4. If any of the terms, covenants or conditions contained herein shall fail to occur, or if they are, by their terms, to be implemented and maintained over time, 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 frame. (Engineering, Planning & Buihling) 5. Prior to approval of each final map, Developer shall agree to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including Attorney's fees, arising from 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, Plannir~g & Building) Resolution xxxxx Page 8 6. Any and all agreements that the Developer is required to enter into hereunder shall be in a form approved by the City Attorney. (City Attorney9 7. Prior to approval of any final map proposing the creation of multi-family housing for any lot in the Project as condominiums, community apartment project, or stock cooperative, as defined in the applicable sections of the Government Code, Developer shall agree to process, unless otherwise approved by the Director of Engineering, a subsequent tentative map for said proposed condominium, community apartment, or stock cooperative project in said Planning Area. (Engineering) 8. 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 Director of Engineering and Director of Planning & Building. (Pklnning & Building, Engineering) 9. 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. 10. Applicant shall submit and obtain approval by the City of a Master Final Map ("Master Final Map") containing the entire Project's area showing "super block" lots corresponding to the lots or combination of lots shoxvn on the tentative map. Said Master Final Map shall also show open space lot dedications and utility easements required to serve the "super block" lots created by said map to the satisfaction of the Director of Engineering and Director of Planning and Building. All "super block" lots created by this map shall have access to a dedicated public street. (Engineering) ENVIRONMENTAL/PRESERVATION 11. Prior to approval of the Master Final Map, the Developer shall enter into a supplemental subdivision agreement to implement, to the satisfaction of the Director of Planning & Building, all applicable mitigation measures identified in FSEIR 86-04 and FSEIR 97-04, the associated CEQA Findings of Fact and Mitigation Monitoring and Reporting Programs and all addendum thereto 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 & Building should changes in circumstances warrant such a revision. If any permits are required to be obtained by Developer as set forth herein, Developer shall obtain said permits with applicable agencies in consultation with the City. (Engineering/Planning) 12. Implement, or cause the implementation of all mitigation measures pertaining to the Project identified in FSEIR 86-04 and FSE1R 97-04, the associated CEQA Findings of Fact and Mitigation Monitoring and Reporting Programs and all addendum thereto. 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 & Building. Mitigation Resolution xxxxx Page 9 Measures shall be monitored via the Mitigation Monitoring and Reporting Programs approved in conjunction with FSEIR-86-04 and FSEIR 97-04. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning & Building should changes in the circumstances warrant such revision. (Planning & Building) SUBDIVISION DESIGN 13. 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 Greens Neighborhood plan; or as otherwise approved by the Director of Parks & Building Construction and Director of Public Works Operations. Developer agrees to provide any and all special installation conditions as requested by the Director of Parks & Building Construction 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 & Building Construction and the Director of Public Works Operations 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, ~varning or guide traffic signs. (Public Works, Parks & Building Construction) 14. 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 Director of Engineering. (Engineering) STREETS, RIGHTS-OF-WAY AND PUBLIC IMPROVEMENTS 15. Prior to approval of the first final map for the Project, Developer shall enter into an agreement to, and thereafter shall, construct and secure, in accordance with Chapter 18.16 of the Municipal Code, the following improvements: a. Street improvements, including landscape and irrigation, for that portion of EastLake Parkway extending from station 52+84.0I to 88+75.84 (near the EastLake Greens R-26 project). Said street improvements shall include, but not limited to asphalt concrete pavement, base, curb, gutter and sidewalk, sewer, drainage facilities, water quality BMP's, street lights, traffic signals, signs, stripping, fire hydrants and transitions to existing improvements in the manner required by the Director of Engineering. b. FulI gravity sewer improvements deemed necessary by the Director of Engineering to: 1) complete the gravity sewer system within the aforementioned reach of EastLake Parkway, and 2) provide sewer service to the proposed Project. Resolution xxxxx Page 10 c. Full drainage improvements deemed necessary by the Director of Engineering to provide service to the proposed Project. 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 Director of Engineering. If improvement plans are being processed, 150% of approved cost estimate. Or, if improvement plans are not being processed by the City, 200% of construction cost estimate approved by the Director of Engineering. A lesser percentage may be required if it is demonstrated, to the satisfaction of the Director of Engineering, that sufficient data or other information is available to warrant such reduction. (Engineering) 16. Design all street vertical and horizontal curves and intersection sight distances to conform to the CalTrans' Highway Design Manual and City Standards. 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. When a conflict between the CalTrans Highway Design Manual and adopted City standards exists, the adopted City standards shall prevail. Lighted sag vertical curves will be permitted at intersections per AASHTO standards and with approval of the Director of Engineering. (Engineering) 17. Developer shall demonstrate on the Master Final Map for the Project that all lots created by said map have been provided private and/or public easements which ensure 1) legal access to an approved public street, and 2) the ability to connect to public utilities. All lots created by said Master Final Map shall be designed so as to allow each lot to develop independently of each other lot on that map. 18. Provide security in accordance with chapter 18.16 of the Municipal Code, for ail public facilities within the subdivision boundary or off-site, deemed necessary by the Director of Engineering to provide service to the subject subdivision, in accordance with Chula Vista Design standards, Chula Vista Streets Standards, Chula Vista Subdivision, and approved Tentative Map, unless otherwise approved by the Director of Engineering. 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 Director of Engineering. If improvement plans are being processed, 150% of approved cost estimate. Or, if improvement plans are not being processed by the City, 200% of construction cost estimate approved by the Director of Engineering. A lesser percentage may be required if it is demonstrated, to the satisfaction of the Director of Engineering, that sufficient data or other information is available to warrant such reduction. (Engineering) 19. Prior to approval of the Master Final Map, Developer shall enter into an agreement with the City where Developer agrees to the following: a. That prior to the first Design Review approval for the proposed Lots 2, 3, or 4 of the Project, Developer shall accomplish the following: i. Obtain the approval of the Director of Engineering and Director of Planning and Building of a design study ("Design Study") ibr a private street connecting the proposed Project's common access points to Lots 2,3, and 4 at Eastlake Parkway Resolution xxxxx Page 11 and Olympic Parkway ("Common Private Street"). Developer shall acknowledge and agree that the City reserves the right to require improvements and facilities deemed necessary by the Director of Engineering and Director of Planning and Building to provide adequate circulation and to meet the requirements of the Police and Fire Departments. ii. Provide evidence satisfactory to the Director of Engineering of the grant of private easements necessary for constructing the Common Private Street. iii. Grant to the City all onsite and offsite public easements needed to accommodate the Common Private Street, deemed necessary by the Director of Engineering to serve the Project. b. Construct all the private and public improvements located within the Common Private Street in conjunction with the construction of the first residential building on Lots 2, 3 and 4, whichever occurs first, to the satisfaction of the Director of Engineering. 20. Prior to approval of the Master Final Map for the Project, Developer shall enter into an agreement with the City where Developer agrees to designate as private the Common Private Street and any other streets proposed for any residential development within the Project. 21. Unless otherwise approved by the Director of Engineering, prior to issuance of the first building permit for each of Lots 2, 3 and 4, developer shall grant to the City on a final or parcel map those public easements deemed necessary by the Director of Engineering to accommodate the public facilities to serve each lot. 22. Construct sidewalks and pedestrian ramps on all walkways to comply with the "Americans with Disabilities Act" (ADA) standards, as approved by the Director of Engineering. In the event the Federal Government adopts ne~v 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) 23. Grant sight visibility easements to the City of Chula Vista as required by the Director of Engineering, to keep sight visibility areas clear of any obstructions. Sight visibility easements shall be shown on grading plans, landscape plans, improvement plans, and final maps to the satisfaction of the Director of Engineering. 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. (Engineering, Planning and Building) 24. Prior to approval of the Master Final Map for the project, 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 of SR-125, the City shall stop issuing new building permits for Land Swap Residential when the City, in its sole direction, determines that either: Resolution xxxxx Page 12 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: 1) traffic studies demonstrate, to the satisfaction of the Director of Engineering, 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 xvould not require additional environmental review under CEQA; however, any improvements proposed in these traffic studies would be subject to additional environmental revie~vs as required. 25. Prior to approval of the Master Final Map for the Project, Developer shall enter into an agreement to design, construct and provide sufficient security for the construction of the facilities set forth below: Facility #1: Construction of a 5-foot wide pedestrian trail from north of Olympic Parkway to EastLake Parkway to the satisfaction of the Director of Planning & Building Final alignment shall be contained within the Project or utility easement as approved by the Director of Planning and Building. Developer shall complete construction no later than the issuance of the 300~th cumulative building permit for Lots 2, 3 and 4 or at a later date as approved by the Director of Planning and Building in his/her sole discretion. Facility #2: Construct, in conjunction with the development of each Lot, a minimum of one 6-foot wide trail connection to the pedestrian trail (Facility "1") to the satisfaction of the Director of Planning and Building. Facilit,;~3: Construction of a 6-foot wide trail connection from Facility #1 to Park P-3 to the satisfaction of the Director of Planning & Building. Developer shall complete construction no later than the issuance of the 300th building pem~it for Lots, 2, 3 and 4 or at a later date as approved by the Director of Planning and Building at his/her sole discretion. Engineering, Plan~ing & Building) 26. Prior to approval of the Master Final Map for the Project, the Developer shall enter into an agreement to secure and construct four permanent traffic count stations, as indicated belo~v: General Location Number of traffic count stations EastLake Parkway 2 stations Olympic Parkway 2 stations The traffic count stations shall be installed at such specific locations and in strict conformity to plans and specifications approved by the Director of Engineering. The Director of Engineering may, at his/her sole discretion, waive the requirement to construct said traffic count stations if Developer agrees to provide a cash payment in the amount deemed Resolution xxxxx Page 13 necessary by the Director of Engineering, to complete the construction of said stations by the City or its designee. GRADiNG AND DRAINAGE 27. Prior to approval of each grading plan or as required by the Director of Engineering, submit hydrology and hydraulic studies, and calculations demonstrating the adequacy of downstream drainage structures, pipes and inlets. (Engineering) 28. Provide graded vehicle access to all public storm drain clean-outs or implement other access solutions approved by the Director of Engineering. 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 Director of Engineering. (Engineering) 29. 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) 30. Prior to approval of grading plans, demonstrate the adequacy of existing downstream drainage runoff facilities or include, in the grading plans, the construction of detention facilities, to ensure that the maximum allowable discharges after development do not exceed the capacity of any existing downstream facilities, all to the satisfaction of the Director of Engineering. The developer shall provide for the future maintenance of the detention basin facilities through the establishment of a Master Homeowners Association, or other funding mechanism as approved by the City. (Engineering) 31. Construct energy dissipaters at all storm drain outlets, as required by the Director of Engineering to maintain non-erosive flow velocities. (Engineering) 32. Submit to and obtain approval from the Director of Engineering and Director of Parks & Building Construction of an erosion and sedimentation control plan as part of grading plans. (Engineering, Par,ks & Building Construction) 33. Locate lot lines at the top of slopes except as shown on the Tentative Map or as approved by the Director of Engineering 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) 34. Design and construct all grading and pad elevations to be within 3 feet of the grades and elevations shown on the approved Tentative Map or as otherwise approved by the Director of Engineering and Director of Planning & Building. (Engineering, Planning & Building) 35. Obtain and submit to City staff notarized letters of permission for all off-site grading work prior to issuance of grading pem~it for work requiring said off-site grading. (Engineering) 36. Prior to approval of each map creating individual single family lots, submit a list of proposed lots indicating whether the residential structure will be located on fill, cut, or a transition between the two situations. (Engineering) Resolution xxxxx Page 14 37. Design and construct all public storm drains as close to perpendicular to the slope contours as possible, but in no case greater than 15 degrees from perpendicular to the contours. (Engineering) 38. Provide a minimum of 3 feet of flat ground access from the face of any wall to the beginning of the slope rounding for wall maintenance, unless otherwise approved for HOA slopes by the Director of Engineering. (Engineering) 39. Provide a setback, as determined by the Director of Engineering 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 property owned by others. The Director of Engineering shall not approve the creation of any lot that does not meet the required setback. (Engineering) 40. 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 4 feet or less in vertical dimension in either cut or fills, between single-family lots and not parallel to any roadway. (Engineering) 4l. 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 Director of Engineering. (Engineering) 42. Prior to approval of the Master Final Map for the Project, Developer shall enter into an agreement with the City where Developer agrees not to protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the opcration, 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) Resolution xxxxx Page 15 43. 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) 44. 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 Director of Engineering. (Engineering) 45. Prior to any Design Reviexv approval for a residential lot development (" Lot Development") within the Project, Developer shall obtain the approval of the Director of Engineering of a Water Quality Technical Report (~'Report"), which identifies the permanent Best Management Practices for the proposed Lot Development. The Report shall cover the entire site where said Lot Development is being proposed. The Report shall comply with ail applicable requirements of the Development and Redevelopment Project Storm Water Management Standards Requirements Manual (approved by City Council Resolution 2002- 475). 46. Developer shall comply with all of the applicable provisions of the Stoml Water Management and Discharge Control Ordinance (Chapter 14.20 of the Chula Vista Municipal Code), the Development and Redevelopment Project Storm Water Management Standard Requirements Manual (approved by Council Resolution 2002-475), and the City of Chula Vista Standard Urban Storm Water Mitigation Plan to the satisfaction of the Director of Engineering. 47. Prior to issuance of any building permit for multi-family housing within the Project Developer shall enter into a maintenance agreement with the City, where Developer agrees to operate and maintain in perpetuity all private permanent BMPs deemed necessary by the Director of Engineering to provide service to multi-family site. Developer shall submit upon the City's request, and obtain approval from the Director of Engineering of a maintenance program for the proposed permanent BMP's. The maintenance program shall include, but not be limited to: 1) a manual describing the maintenance activities of said facilities, 2) an estimate of the cost of such maintenance activities, and 3) a funding mechanism for financing the maintenance program. (Engineering) Resolution xxxxx Page 16 48. Prior to approval of each grading, construction, and building permits for the Project, Developer shall demonstrate, to the satisfaction of the Director of Engineering, compliance with all the applicable requirements of the approved Water Quality Technical Report. SEWER 49. Design all public sewers in accordance with the following requirements: a. 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 Director of Engineering. (Engineering) b. Provide improved all-weather paved access to all sewer manholes to withstand H-20 wheel load or other loading as approved by the Director of Engineering. (Engineering) c. Sewer access points (manholes) shall not be located on slopes or in inaccessible areas for maintenance equipment. (Engineering) d. Provide sewer manholes at all changes of alignment of grade, unless otherwise approved by the Director of Engineering. Sewers serving 10 or less equivalent dwelling units shall have a minimum grade of 1%. (Engineering) e. Manholes should not be located in the wheel tracks on Class I Collector Streets and above, unless otherwise approved by the Director of Engineering. Manholes within intersections of Class I Collectors and above shall meet Regional Standard Drawing M-4 (Locking). (Engineering) f. 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) g. Sewer main pipes shall not run parallel and under slopes greater than 5:1 unless otherwise approved by Director of Engineering. (Engineering) h. Sewer lines, which are greater than 20 feet in depth, shall use C-900 or C-905 class pipe, as approved by the Director of Engineering. (Engineering) WATER 50. Prior to approval of each final map, present verification to the Director of Engineering in the form of a letter from 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) 51. Prior to approval of each final map, present verification to the Director of Engineering in the form of a letter from Otay Water District that the subdivision will be provided adequate water service and long-term water storage facilities. The Developer shall phase and install Resolution xxxxx Page 17 water system improvements as required by the Otay Water District. (Engineering, Planning & Building) 52. Prior to approval of each Final Map, the Applicant shall present verification to the Director of Engineering in the form of a letter from Otay Water District that Otay Water District is able to provide sufficient water supply pursuant to Section 66473.7 of the California Government Code, as may be amended from time to time. AGREEMENTS/FINANCIAL 53. Enter into a supplemental agreement with the City wherein the Developer agrees as follows: a. That the City may withhold building permits for the subject subdivision if any one of the following occur: i. Regional development threshold limits set by the City, have been reached or in order to have the Project comply with the Growth Management Program as may be amended from time to time. ii. 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. iii. 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 & Building and the Director of Engineering. (Engineering, Planning & Building) b. Defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act; provided the City promptly notifies the subdivider of any claim, action or proceeding, and on the further condition that the City fully cooperates in the defense. (Engineering, Planning & Building) c. Permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit and provide cable television service for each lot or unit within the final map area. Developer further agrees to grant, by license or easement, and Resolution xxxxx Page 18 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 franchised 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 franchise and with all other roles, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. 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 detem~ination by the City of Chula Vista that they have violated the conditions of grant. (Engineering, Planning & Building) 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 from any liability for erosion, siltation or increase flow of drainage resulting from this project. (Engineering, Planning & Building) 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 facilities and shall not interfere with the right of any person to vote in a secret ballot election. h. Indemnify, and hold harmless the City, its elected and appointed officers and employees, from and against ail 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 fi'om any action by the Developer, any agent or employee, subcontractors, or others. The Developer's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. (Engineering) 54. Prior to approval of each Final map, the Developer shall comply with all previous agreements as they pertain to the final map area. (Engineering, Planning & Building) Resolution xxxxx Page 19 55. Prior to approval of each final map containing any public streets, the Developer shall agree to contract with the City's current street sweeping franchisee, or other server approved by the Assistant Director of Public Works Operations (ADPWO) to provide street sweeping for each phase of development on a frequency and level of service comparable to that provided for similar areas of the City. The developer shall cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street, or 60 days after the completion of all punch list items, whichever occurs earlier. The developer further agrees to provide the ADPWO 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) 56. No later than December 31, 2003, Developer shall, to the satisfaction of the City: a. Execute an agreement with an affordable housing developer for the development of Lot 1 of the Tentative Map as an affordable rental project to comply with Developer's obligation to provide such housing for low-income households; b. Submit applications to the appropriate State Agency for Multifamily Revenue Bonds and Low Income Housing Tax Credits for the development of the affordable rental project; c. Receive a financial commitment for Multifamily Revenue Bonds and Low Income Housing Tax Credits; and, d. Submit to the Community Development Department the required documentation demonstrating compliance with Developer's obligation to provide moderate-income housing. Should Developer be unable to demonstrate to the satisfaction of the City compliance with items "a" through "d" herein, developer, upon request of the City, shall enter into an agreement delineating the use of alternative methods of compliance, such as an off-site project and/or an in-lieu contribution. (Communit. v DevelopmenO 57. Prior to issuance of Master Final Map, the Developer shall provide evidence, satisfactory to the Director of Planning & Building, that the school districts are satisfied. (Planning & Building) 58. The Developer shall implement the final. AQIP measures as approved by the City Council, and as may be amended from time to time, and to comply and remain in compliance with the Air Quality Improvement Plan (AQIP). (Planning) 59. 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 modify the AQIP to incorporate those new measures, which are in effect at the time, prior to or concuiTent 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 Resolution xxxxx Page 20 retroactive to those areas, which receive Final map approval prior to effect of the subject new measures. (Planning) 60. 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 of the subject measures. (Planning) 61. Prior to each DRC approval, the Developer shall be required to submit a detailed acoustical analysis to the satisfaction of the Environmental Review Coordinator and prepared by a qualified acoustical consultant that demonstrates that the building structures are 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 FSEIR 86-04 and FSE1R 97- 04 and associated Mitigation Monitoring and Reporting Programs. (Environmental, Planning & Building) OPEN SPACE/ASSESSMENTS 62. The Developer shall obtain City council approval of a Community Facility District (CFD) formation no later than 60 days of approval of the Master Final Map for the Project or as extended by the City in their sole discretion. The Developer shall submit a list of amenities, acreage and maintenance costs for all open space lots and other improvements to be maintained by the proposed CFD including the pedestrian trail. Maintenance of said public 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 Operations. 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 for consideration prior to approval of the first Design Review for lots 2, 3 or 4, or as extended by the City Engineer. Prior to the approval of the Master Final Map, the Developer shall submit an initial deposit of $10,000 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 borne by the Developer. The Developer shall provide all the necessary information and materials (e.g. tables, diagrams, etc.) required by the Director of Engineering for processing the formation of the proposed CFD. (Engineering) 63. 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. Developer 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) 64. Prior to issuance of any grading pemrit which includes Landscaping and Irrigation (L&I) improvements to be installed in an open space lot to be maintained by the open space district, Resolution xxxxx Page 21 the developer shall place a cash deposit with the City which will guarantee the maintenance of the L&! improvements until the City accepts said improvements. In the event the improvements are not maintained to City standards as determined by the Director of Engineering, Director of Public Works or the Director of Parks & Building Construction, the deposit shall be used to perform the maintenance. The amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months as determined by the Director of Engineering. Any unused portion of said deposit shall be incorporated into the open space district's reserve at such time as the open space district assumes the maintenance of the open space lot. (Engineering, Public Works, Parks & Building Construction) 65. Conform to the design elements of the City's Landscape Manual for all landscaping, which falls within the maintenance responsibility of the open space District. (Parks & Building Construction) 66. Prior to each design review approval, provide proof to the satisfaction of the Director of Engineering and Director of Parks & Building Construction that all improvements located on open space lots will be incorporated into and maintained by a Home Owner's Association or an Open Space District. (Engineering, Parks' & Building Construction) 67. Prior to approval of the Master Final Map for the Project, developer shall enter into a maintenance and grant of easements agreement with the City to provide for the maintenance of landscaping and improvements maintained by a Homeowners Association within City right-of-way or such other public areas required by the City. (Engineering, Parks & Building Construction) 68. Prior to issuance of the first building permit for Lot 1, developer shall enter into a maintenance agreement with the City which provide for the maintenance of all landscaping and improvements within the City right-of-way or other such public areas as required by the City to be maintained by an entity as approved by the City. EASEMENTS 69. Grant on the final maps minimum 15 ft. ,,vide easements to the City of Chula Vista as required by the Director of Engineering for construction and maintenance of sewer facilities. (Engineering) 70. Provide minimum 15 ft. wide easements to the City of Chula Vista as required by the Director of Engineering for construction and maintenance of storm drain facilities. (Engineering) 71. Provide 10 ft. wide general utility easements adjacent to street right-of-way within public open space lots, unless otherwise approved by the Director of Engineering. (Engineering) 72. Provide easements for all off-site public storm drains and sewer facilities prior to approval of each final map requiring those fiacilities unless Section 66462.5 of the State Map Act applies. Resolution xxxxx Page 22 The easements shall be sized as required by the City of Chula Vista Standards, unless otherwise approved by the Director of Engineering. (Engineering) 73. 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 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 Director of Engineering. c. Have ail right-of-way and/or easement documents and plats prepared and appraisals complete, as necessary to commence condemnation of proceeding, and as determined by the Director of Engineering. 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) 74. Grant on ail 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 Director of Engineering and the Director of Planning & Building. The Director of Engineering may require either the removal or the subordination of any easement, which may uareasonably interfere with the full and complete exercise of any required public easement or right-of-way. (Engineering? 75. Grant on the appropriate final map, a 20 ft. minimum sewer and access easement for sewer lines located between residential units, unless otherwise required by the Director of Engineering. All other easements shall meet City standards for required width. (Engin eering) MISCELLANEOUS 76. Prior to approval of any tentative or final map, submit copies of the map in a digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file 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: Subdivision Boundary (closed polygons), Lot Lines (closed polygons) Street Centerlines (polygons) Resolution xxxxx Page 23 Easements (polylines) Street names (annotation) Lot Numbers (annotation) The digital file shall be submitted in accordance with the City Guidelines for Digital Submittal on 372" disks CDs, or as an e-mail attachment or as otherwise approved by the Director of Engineering. (Engineering) 77. Prior to approval of each grading, improvement and landscaping plan, submit copies of the respective grading, improvement, and landscape plans in digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital files shall combine all sheets into a single CADD drawing for each set of plans, in DXF, DWG or Arc View (GIS) format. The digital file shall be submitted in accordance with the City Guidelines tbr Digital Submittal on 3~/2'' disks CDs, or as an e-mail attachment or as otherwise approved by the Director of Engineering. (Engineering, Planning and Building) FiRE AND BRUSH MANAGEMENT 78. Provide fire hydrants every 500 ft. 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 ft. wide, all-weather fire access roads shall also be provided or an acceptable alternative approved by the Fire Marshall and in compliance with the UFC. (Fire) 79. Prior to issuance of the first 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) 80. Prior to delivery of combustible materials on any construction site, applicant shall, at a minimum, provide for adequate water supply, vehicular access and temporary street signs. Said access shall consist of minimum of first layer of hard surface with a minimum standard width of 20 feet with temporary roads allowed on a case-by-case basis. All vehicular access must be approved by the Director of Engineering. (Fire) CODE REQUIREMENTS 81. 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 shalI be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. (Engineering) 82. Underground all utilities within the subdivision in accordance with Municipal Code requirements to the satisfaction of the Director of Engineering. (Engineering) 83. 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 Director of Engineering. (Engineering) Resolution xxxxx Page 24 84. Pay all required fees in the amount in effect at the time such fees are due, including the following fees, in accordance with the City Code and Council Policy: The Transportation and Public Facilities Development Impact Fees. Signal Participation Fees. All applicable sewer fees, including but not limited to sewer connection fees. Interim SR-125 development impact fee Poggi Canyon Gravity Sewer Basin DIF (Engineering, Planning & BuiMing GROWTH MANAGEMENT/PUBLIC FACILITIES FINANCING PLAN (PFFP)/PHASING 85. Developer shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). (Engineering, Planning & Building) 86. Install public facilities in accordance with the Land Swap Supplemental Public Facilities Financing Plan as may be amended from time to time, or as required by the Director of Engineering to meet threshold standards adopted by the City of Chula Vista. The Director of Engineering 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) 87. If multiple development phases are proposed for any lots within the Project, Developer shall submit and obtain approval for a development phasing plan by the Department of Engineering and Director of Planning & Building prior to the first Design Review approval for said lot. The 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 Director of Engineering 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 Director of Engineering and Director of Planning & Building may, at their discretion, modify the sequence of improvements and construction should conditions change to warrant such revision(s). (Engineering, Planning & Building) Resolution xxxxx Page 25 HOMEOWNERS ASSOCIATIONS (HOA)/DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS CC&Rs) 88. Prior to approval of the Master Final Map, Developer shall enter into an agreement to establish an HOA, or any other financing mechanism acceptable to the City for the Project. 89. Within 90 days of approval of the first Design Review for Lots 2, 3& 4, the Developer or its successor in interest shall submit to the City a drat2 copy of the HOA or other financing mechanism acceptable to the City for review by the Director of Planning &Building, Director of Parks and Building Construction and Director of Public Works. Developer shall also provide to the City satisfactory evidence demonstrating a budget sufficient to provide ail required maintenance. The approved financing mechanism shall establish the responsibilities for common areas identified in Maintenance Responsibility Map to be approved prior to Master Final Map. The financing mechanism shall include the following: a. Provisions ensuring the maintenance of all private common facilities located within the project including, but not be limited to: walls, fences, community theme walls, water fountains, lighting structures, paths, trails, access roads, drainage structures, water treatment facilities, landscaping, trees, streets, parking lots, driveways, and private sewage systems. Common facilities are to be identified or labeled in an exhibit in the CC&Rs. Maintenance shall also be provided for any detention facilities for the Project. b. Provisions, which clearly indicate the responsibility of the HOA to water and maintain irrigation and planting within the public parkxvays and adjacent slope areas along Eastlake Parkway south of lot I to Olympic Parkway. c. Provisions, which clearly indicate the responsibility of the HOA to water and maintain irrigation and planting ~vithin all areas within the project frontage along Olympic Parkway between the back of trail and top of slope including areas identified on the tentative map as O.S. Lot "A" and O.S. Lot "B" d. Language naming the City of Chula Vista as a party to the CC&Rs, with the authority, but not the obligation, to enforce the terms and conditions of the CC&Rs in the same manner as any owner within the HOA. Should the City act to enforce the terms and conditions of the CC&Rs, all costs associated with such action shall be paid for by the HOA. e. Before any revisions to provisions of the CC&Rs that may particularly affect the City can become effective, said revisions shall be subject to the approval of the City. The HOA shall not seek approval from the City of said revisions without the prior consent of 100 percent of the holders of first mortgages or property owners within the HOA unless otherxvise approved by the Director of Planning & Building. Resolution xxxxx Page 26 f. The HOA shall indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the HOA. g. The HOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of the City and 100 percent of the holders of first mortgages or property owners within the HOA. h. The HOA 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. The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insured's. i. Language assuring HOA membership in an advance notice service such as the USA Dig Alert Service in perpetuity. 90. 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 Director of Engineering prior to approval of the first Design Review for Lots 2, 3 & 4. (Engineering, Planning & Building) 9l. Designate as private and maintain by a Homeowners Association all storm drain clean outs determined by the Director of Engineering to be in areas inaccessible for maintenance equipment. (Engineering) 92. Prior to approval of the Master Final Map, Developer shall submit and obtain approval of a revised Maintenance Responsibility Map for the Project from the Director of Planning and Building and the Director of Engineering, which shall include delineation of private and public property. (Planning and Building, Engineering) 1X. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. 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 Resolution xxxxx Page 27 the event that any one 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 approving the Tentative Subdivision Map for EastLake Land Swap Residential, Chula Vista Tract 03-04 and related discretionary approvals, if any; and 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 City Attorney CITY COUNCIL AGENDA STATEMENT Item No.: Meeting Date: 4/8/03 ITEM TITLE: Public Hearing: Consideration of the Final Environmental Impact Report (EIR 02-05) for the Bella Lago precise plan, rezone and tentative subdivision map. Resolution No. of the City Council of the City of Chula Vista certifying the Final Environmental Impact Report (EIR 02- 05) for the Bella Lago precise plan, rezone, and tentative subdivision map; making certain findings of fact; and adopting a mitigation monitoring and reporting program pursuant to the California Environmental Quality Act. SUBMITTED BY: Director o f Planning and Building~/~ REVIEWED BY: City Manage 9~'"' (4/5ths Vote: Yes No X ) In accordance with the requirements of the California Environmental Quality Act, a Final Project EIR has been prepared to analyze the environmental impacts of the proposed precise plan, rezone, and tentative parcel map. This staff report discusses the general content of the Final EIR (FEIR) and focuses upon areas where significant environmental impacts were identified. CEQA Findings of Fact, and a Mitigation Monitoring and Reporting Program (MMRP), have been prepared that reflect the conclusions of the Final E1R. The Final EIR also contains comments and responses to the comments received during the public review period. RECOMMENDATION: That the City Council adopt: · Resolution EIR-02-05 recommending that the City Council certify that the Project Environmental Impact Report (E1R 02-05) has been prepared in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista; making certain findings of fact; and adopting a Mitigation Monitoring and Reporting Program. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission (RCC) reviewed the Draft E1R on February 3, 2003. After reviewing and discussing the document, the RCC voted 5-0-0-1 (Chares absenO to recommend the certification of the Final EIR by the City Council. The RCC requested that minor clarifications be made to the EIR, and found the document to be in compliance with the California Environmental Quality Act (CEQA). The public comment period for EIR-02-05 was closed at the Planning Commission meeting of February 12, 2003, at which time no comments Page 2, Item No.: l Meeting Date: 4/8/03 were received from either the public or Commission members. The Planning Commission voted to recommend that the City Council certify EIR-02-05 at their meeting of March 12, 2003. DISCUSSION: Background The BelIa Lago EIR evaluates the environmental effects of the proposed precise plan, rezone, and tentative pamel map. The Bella Lago Project involves the construction of 140 detached single-family residential units on large estate size lots. The size of proposed parcels would range from 15,008 square-feet to 97,549 square-feet, with an average lot size of 23,413 square-feet. The project site is 180 acres in size; 86.5 acres of the site (and an additional 2.5 acres off site) would be dedicated as permanent open space. The site would be accessed via two private roads connecting to Proctor Valley Road via a loop road through Rolling Hills Ranch (RHR). Due to the project's reliance upon proposed roadways through Neighborhoods 10B and 11 of Rolling Hills Ranch (Subarea III) for access to the site, and the uncertainty of the timing for development of these neighborhoods, two scenarios have been considered in the environmental impact analysis: 1) Development of Bella Lago after development of Subarea III, and 2) Development of Bella Lago prior to development of Subarea III of Rolling Hills Ranch. Environmental impacts for each scenario and associated mitigation measures that would reduce all environmental impacts to below a level of significance have been identified in the EIR. It is important to note that all off-site impacts associated with road and utility construction serving Bella Lago are adequately covered in the Rolling Hills Ranch EIR's (EIR-89-03, Resolution Number 15870; EIR-89-06, Resolution Number 15295; and E1R-91-03, Resolution Number 16554), the entirety of which have been incorporated by reference into EIR-02-05. The mitigation measures that have been called out in E1R-02-05 should Bella Lago be developed prior to RHR, are the mitigation measures stated in the RHR Environmental Impact Report that address road construction and public utilities for Neighborhoods 1 OB and 11 of RHR. The property owner of Bella Lago has reached an agreement with the City Of Chula Vista, the US Fish and Wildlife Service, and the California Department of Fish and Game for on-site preservation of habitat lands and oft-site mitigation. Bella Lago is considered a covered project under the City's draft MSCP Subarea Plan as long as the specific conditions of coverage and other relevant measures identified in the Subarea Plan are implemented. The conditions of coverage are called out on Pages 4.1-6 through 4.1-8 of EIR-02-05 and are incorporated as project mitigation measures. As discussed below, the mitigation measures called out in the EIR addressing impacts to sensitive habitats are sufficient to reduce impacts to below a level of significance. These mitigation measures are incorporated into the Mitigation, Monitoring, and Reporting Program (MMRP) for the project, and are not dependent upon the adoption of the MSCP Subarea Plan by the City Of Chula Vista for implementation. The City's MSCP Subarea plan is, however, scheduled for adoption by the Planning Commission and City Council in the near future. Should the project proceed prior to the adoption of the MSCP Subarea Plan by the Page 3, Item No.: ]~ Meeting Date: 4/8/03 City, the developer would be required to receive take authority from state and federal resource agencies before developing the site. Analvsis Each issue identified in the Notice of Preparation (NOP) was analyzed in EIR-02-05 to determine if it would have a significant impact on the environment. EIR-02-05 identifies both direct project level impacts and cumulative impacts associated with the Bella Lago development. Direct project level impacts are those impacts that are directly attributable only to the project. Cumulative impacts are those impacts which the project contributes to along with all of the other projects reasonably being anticipated in the vicinity of the development. If the project results in a cumulative impact, it means that by itself this project would not have resulted in a significant impact. However, when it is c^nsidered with existing and currently anticipated projects, together they all result in a significant impact. Listed below are the environmental impacts identified in the EIR-02-05 as significant. It is important to note that all impacts identified for the project (both direct and cumulative) can be mitigated to a level of less than significant. Biological Resources (Direct and Cumulative) The Bella Lago site is an undeveloped area that contains a variety of sensitive biological resources. Vegetation on the site consists primarily of native grassland and coastal sage scrub. A riparian area exists at the northwest of the site. Sensitive wildlife identified either on or near the site include the California gnatcatcher, golden eagle, homed larks, and white tailed kites. The otay tar plant and variegated dudleya (narrow endemic species) are located on site. According to the City's Draft MSCP Subarea Plan, the project is located within an area of mostly high habitat value. Development of the project would substantially impact native grassland and coastal sage scrub. The project would also result in the loss of other significant resources including variegated dudleya, San Diego goldenstar, barrel cactus, and otay tar plant. If Bella Lago were to develop prior to Rolling Hills Ranch, additional impacts to biological resources resulting from off-site road construction through RHR would include impacts to coastal sage scrub, native grassland, and wetlands, impacts to biological resources located on site will be mitigated through the dedication and maintenance of 86.5 acres of land on site as permanent open space, as well as the dedication and maintenance of 2.5 acres of suitable mitigation land off-site. Figure 4.1-2 of E1R-02-05 depicts the area on site to be permanently preserved as open space. Off site impacts associated with the construction of the access roads and utilities serving Bella Lago (should Bella Lago develop prior to RHR) are mitigated in accordance with the RHR EIR, the entirety of which has been incorporated by reference into EIR-02-05. Applicable mitigation measures from the RHR EIR have been restated in the EiR-02-05. The cumulative impacts of the project upon regional biological resources due to the loss of approximately 93 acres of habitat land are mitigated through the dedication of open space. Noise (Direct) Due to the relatively isolated and rural nature of the project site, noise impacts associated with the Bella Lago development are very limited in scope. Based upon the City's noise standards, significant impacts will only result from short term construction-related activities. Construction /_3-.5 Page 4, Item No.: Meeting Date: 4/8/03 related-activities such as grading and rock blasting could result in significant noise related impacts to Neighborhoods 10B and 1 l of Rolling Hills Ranch. Construction/grading related activities could also result in significant noise impacts to wildlife (particularly birds). Pursuant to the City Of Chula Vista's Noise Ordinance, a mitigation measure of E1R-02-05 limits all construction and rock blasting activities to between the hours of 7 a.m. to 7 p.m. Monday through Saturday. The developer will also be required to submit a construction noise mitigation plan prior to the issuance of building permits in order to address potential noise impacts to wildlife. No additional noise impacts would result if the Belle Lago project were to precede Rolling Hills Ranch Neighborhoods 10B and I1, since there would be no residential development to be impacted with construction related noise. The required mitigation measures reduce noise-related impacts to less than significant. Air Quality (Direct) The proposed project could result in a short-term project specific significant impacts as a result of grading and construction operations. Mitigation measures have been included in the FE1R for dust control during these operations and the use of low pollutant-emitting construction equipment. These mitigation measures will reduce the short-term impact to less than significant. Operation impacts associated with the project have been considered to be very limited in nature, and would not create a significant or cumulative air quality impact. Cultural and Paleomological Resources (Direct) The proposed project would result in impacts to two archaeological sites known to exist within the proposed development area. These sites have been tested and found to not be significant pursuant to CEQA. The proposed project could also result in significant impacts to unknown subsurface archaeological materials that may be encountered during grading activities for the project and associated road construction both on and off site. A potentially significant impact to paleontological resources could occur if unknown paleontological resources were encountered during grading and construction activities. Mitigation measures requiring monitoring by a qualified archaeologist and a qualified paleontologist, as well as the collection and storage of any artifacts or fossils found, have been included in the EIR-02-05. These mitigation measures ensure that impacts upon cultural and paleontological resources are less than significant. Traffic, Circulation and Access (Cumulative) The Belle Lago project would not result in significant direct traffic related impacts. The project would, however, contribute to cumulative traffic impacts for the following intersections: East H Street/Proctor Valley Road/Mount Miguel Road; Proctor Valley Road/Lane Avenue; Proctor Valley Road/Hunte Parkway. Mitigation measures requiring the applicant to pay fair share toward the construction of traffic signals at these intersections is required. Should the Belle Lago project precede RHR Subarea III, then applicant would also be required to construct road improvements providing access to the site. These mitigation measures ensure that traffic impacts associated with the project are less than significant. Page 5, Item No.: Meeting Date: 4/8/03 Hydrology/Drainage (Direct and Cumulative) The Bella Lago project would develop approximately 93 acres of the 180 acre site with residential uses. Development of the site would introduce landscaping, impervious surfaces, and new surface activities to the project area affecting the existing hydrology, drainage, and water quality. The project site is located above, and drains toward, the Upper Otay Reservoir. Because Bella Lago is within the watershed of the Upper Otay Reservoir, a drainage system has been designed for the project that will capture and treat first flush and low flow mn-off coming from the site. Because the project could result in significant adverse impacts to hydrology, drainage, and water quality, mitigation measures have been required that will reduce these impacts to a level of less than significant. In accordance with City standards and the requirements of the Regional Water Quality Control Board, Bella Lago, as well as other developments, would be required to implement best management practices to reduce impacts to the regional water system. Therefore, cumulative impacts on water quality would be mitigated to a level of less than significant. Geology (Direct) The project site is underlain by expansive soils and contains volcanic rock formations. Due to the swelling characteristics of expansive soils and the difficulty in excavating the rock formations on the site, the project would result in potentially significant impacts with regard to geology and soils. The mitigation measures called for in EIR-02-05 would reduce these impacts to a level of less than significant. Public Facilities (Direct) Development of Bella Lago would result in an incremental increase in sewer service demand. No sewer facilities currently serve the project site. Sewer facilities would need to be constructed to accommodate sewer flows from the project. A standard mitigation condition applied to this project requires the developer to pay development fees, which would contribute to funding for new sewer facilities and resources. Mitigation measures called out in the EIR which call for the construction of sewer facilities, development fees, and compliance with the City's policy regarding pumped sewerage flows would mitigate any impacts to sewer facilities to below a level of significance. Should Bella Lago precede RHR Subarea III, the mitigation measures require that the applicant construct off-site sewer improvements in Subarea III to serve Bella Lago. The Bella Lago project would result in an incremental increase in water consumption and place additional demands on water storage and pumping facilities. As long as water facility construction coincides with the development phasing of Bella Lago then there would not be any significant impacts that would result from the development. The project would be served by the 980 Zone and 1296 Zone water systems. The 980 Zone pipeline would be extended to serve future development within the Rolling Hills Ranch project site. The Bella Lago project would receive water services by extending these facilities. If Bella Lago precedes P_HR, then the 980 and 1296 Zone facilities would become off-site improvements to be constructed by Bella Lago. Page 6, Item No.: Meeting Date: 4/8/03 The mitigation measures ensure that the construction of water facilities will coincide with the development phasing ofBella Lago. The Development of Bella Lago would result in an incremental increase in calls for police service. Development fees would be paid by the developer that would help to fund additional patrol officers in the area. The mitigation measure that requires the payment of development fees for police protection services would reduce impacts to less than significant. The project would result in an increase for fire and emergency response services at the project site. According to the CVFD, the project would not present a direct significant impact to fire protection services; however, the project will incorporate mitigation measures to support a potential need for additional staffing associated with the project's incremental effect to fire and emergency response services due to increased population in the project area. The proposed project would not provide parkland or recreational areas. A potentially significant impact to recreational and park services could result without the contribution of impact fees to help finance the needed park facilities and services. The mitigation measure requiring the developer to pay park in-lieu fees would reduce impacts to parks to less than significant. The 140 unit project would generate some additional demand for schools. Specifically, the project would result in 58 additional elementary school age children, 8 middle school age children, and 10 high-school age children. The mitigation measure requiring the payment of school impact fees for needed school services and facilities would reduce impacts to less than significant. The proposed project would generate new residents who would likely use the Eastlake Branch Library, the Civic Center Branch Library, and the South Chula Vista Branch Library and their resources. Based upon City standards, the estimated 451 residents of the proposed 140-1ot residential subdivision would result in the need for 226 square-feet of library space (at .5 square- feet per resident). The required payment of development impact fees would reduce impacts to library services to less than of significant. Less than significant impacts (requiring no mitigation measures) were identified in the following environmental issue areas: · Land Use, Planning and Zoning Landform Alterations/Aesthetics · Agriculture · Public Health and Safety · Mineral Resources · Population/Housing Page 7, Item No.: Meeting Date: 4/8/03 Comments Received Regarding Draft EIR Letters of comment were received on the Draft EIR from the following agencies and individuals: U.S. Department ofFish and Wildlife California Department of Fish and Game San Diego Gas and Electric Chula Vista Elementary School District San Diego County Archaeological Society State of California Governor's Office of Planning and Research McMillin Land Development Sweetwater Union High School District City of San Diego The letters and responses are included in the Final EIR 02-05 (Attachment 2). All comments received concerning EIR-02-05 have been fully addressed within the Final EIR. Revisions to Draft EIR Revisions to EIR-02-05 made as a result of public comment have been summarized on Page 1 of the EIR-02-05. Minor typographical corrections have been made to information contained in the Draft E1R; the Final EIR reflects the corrected information. None of the corrections made to the document have resulted in modifications to conclusions regarding the significance of impacts. Conclusion All feasible mitigation measures with respect to project impacts for the Bella Lago Precise Plan and Tentative Map have been included in the Final EIR-02-05 (see Mitigation Monitoring and Reporting Program in Exhibit "B" to resolution of approval of EIR-02-05). As described above, all impacts associated with the project and any required off-site improvements can be mitigated to a level of less than significant. The City has examined a reasonable range of alternatives to the proposed project, other than the proposed project described in the Final E1R. Based on this examination, the City has determined that neither of the alternatives meets the project objectives, or is environmentally superior to the project (see Section XI of the CEQA Findings). Staff believes that the Final EIR meets the requirements of the California Environmental Quality Act and, therefore, recommends that the City Council adopt the attached resolution certifying that the Project Environmental Impact Report (EIR 02-05) has been prepared in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista; making certain findings of fact; and adopting a Mitigation Monitoring and Reporting Program. /3-7 Page 8, Item No.: Meeting Date: 4/8/03 FISCAL IMPACT: The preparation and processing of thc EIR is covered by the applicant's deposit account. Attachments 1. Locator Map 2. Planning Commission Resolution E1R 02-05 3. Final EIR 02-05 (previously provided to City Council) 4. RCC and Planning Commission minutes regarding EIR-02-05 J :planningXsteve\environmental\BellaalagoXeirreview\CCagend astatement COMPLIANCE WITH AMERICANS WITH DISABILIITES ACT (ADA) The (it)_ of Ciluia \'ista. in cumpl>ing xtilh Ihe Amermans wilh Disabilities .Act, requests individuals v, ho require sp:cial acconm~odation to access, attend and, or panicipale in a Cib, meeting, activib, or service request such acconm~odation at least 48 hours in advance for meetings and 5 days for scheduled services and activities. Please contact Diana \'argas for specific information at (619) 691-5101. Service for the hearing impaired is available at 585-5647 (TDD). PROJECT LOCATII CHULA VISTA PLANNING AND BUILDING DEPARTMENT ~ IAP~'L'CAm': BELLALAGO ENVIRONMENTAL IMPACT REPORT ADDRESS: BELLALAGO ~ Request: Precise Plan, Rezone, and Tentative Map j ! for the construction of 140 single family detached ~ SC'gE-E: ~ILE '~U~R. I homes within Belin Lago. NORTH I No Scale EIRA]2-O5 Belin Lago Precise Plan, Rezone, and Tentative Tract Map NOA /.~-~ Attachment 1 RESOLUTION NO. EIR 02-05 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR 02-05) FOR THE BELLA LAGO PRECISE PLAN, REZONE, AND TENTATIVE SUBDIVISION MAP; MAKING CERTAIN FINDINGS OF FACT; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. WHEREAS, Belle Lago LLC, submitted an application requesting approvals of a Precise Plan and Tentative Map for the Belle Lago subdivision ("Project"); and WHEREAS, a Draft EIR 02-05 for the project was issued for public review on December 30, 2002 and was processed through the State Clearinghouse; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for Draft EIR 02-05 on February 12, 2003 to close the public review period; and WHEREAS, a Final Environmental impact Report (EIR 02-05) was prepared for the Belle Lago Precise Plan and Tentative Map; and WHEREAS, to the extent that the Findings of Fact for the Project, dated March 3, 2003 (Exhibit "A" of this Resolution, a copy of which is on file in the office of the City Clerk), conclude that proposed mitigation measures outlined in Final E1R 02-05 are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement those measures. These findings are not merely information or advisory, but constitute a binding set of obligations that will come into effect when the City adopts the resolution approving the project. The adopted mitigation measures contained within the Mitigation Monitoring and Reporting Program, Exhibit "B" of this Resolution, a copy of which is on file in the office of the City Clerk, are expressed as conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings of Fact and will be effectuated through the process of implementing the Project. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION of the City of Chula Vista does hereby recommend that the City Council of the City of Chula Vista find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on Draft EIR 02-05 held on February 12, 2003 and the minutes and resolutions resulting therefrom, are hereby incorporated into the Attachment 2 record of this proceeding. These documents, along with any documents submitted to the decision-makers, including documents specified in Public Resources Code Section 21167.6, subdivision(s), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act ("CEQA") (Public Resources Code §21000 et seq.). II. Final EIR 02-05 CONTENTS That the final E1R 02-05 consists of the following: 1. Project EIR for the Bella Lago Precise Plan, Resone, and Tentative Subdivision Map (including technical appendices); and 2. Comments and Responses (All hereafter collectively referred to as "FEIR 02-05") III. ACCOMPANYING DOCUMENTS TO FEIR 02-05 1. Mitigation Monitoring and Reporting Program; and 2. Findings of Fact IV. CERTIFICATION OF COMPIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT That the Planning Commission does hereby find that FEIR 02-05, and the Findings of Fact (Exhibit "A" to this Resolution, a copy which is on file with the office of the City Clerk), and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution, a copy which is on file with the office of the City Clerk) are prepared in accordance with the requirement of CEQA (Pub. Resources Code, §21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista. V. INDEPENDENT JUDGMENT OF PLANNING COMMISSION That the Planning Commission finds that the FEIR 02-05 reflects the independent judgment of the City of Chula Vista Planning Commission. /3 VI. CEQA FINDINGS OF FACT, AND MITIGATION MONITORING AND REPORTING PROGRAM A. Adoption of Findings of Fact The Planning Commission does hereby approve, accepts as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the Findings of' Fact, Exhibit "A" of this Resolution, a copy of which is on file in the office of the City Clerk. B. Mitigation Measures Feasible and Adopted As more fully identified and set forth in FEIR 02-05 and in the Findings of Fact for this project, which is Exhibit "A" to this Resolution, a copy of which is on file in the office of the City Clerk, the Planning Commission hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described in the above referenced documents are feasible and will become binding upon the entity (such as the project proponent or the City) assigned thereby to implement the same. C. lnfeasibility of Alternatives As more fully identified and set forth in FEIR 02-05 and in the Findings of Fact, Section XII, for this project, which is Exhibit "A" to this Resolution, a copy of which is on file in the office of the City Clerk, the Planning Commission hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that alternatives to the project, which were identified in FEIR-02-05, were not found to reduce impacts to a less than significant level or meet the project objectives. D. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081.6, the Planning Commission hereby adopts the Mitigation Monitoring and Reporting Program set forth in Exhibit "B" of this Resolution, a copy of which is on file in the office of the City Clerk. The Planning Commission further finds that the Program is designed to ensure that, during project implementation, the permittee/project applicant and any other responsible parties implement the project components and comply with the mitigation measures identified in the Findings of Fact and the Mitigation Monitoring and Reporting Program. VII. NOTICE OF DETERMINATION That the Environmental Review Coordinator of the City of Chula Vista is directed after City Council approval of' this Project to ensure that a Notice of Determination is filed with the County Clerk of the County of San Diego. These documents, along with any documents submitted to the decision-makers, including documents specified in Public Resources Code Section 21167.6, subdivision(s), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act ("CEQA") (Public Resources Code §21000 et seq.). BE IT FURTHER RESOLVED THAT the Planning Commission of the City of Chula Vista recommends to the City Council that FEIR-02~05, and the Findings of' Fact (Exhibit "A" to this Resolution, a copy which is on file with the office of the City Clerk), and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution, a copy which is on file with the office of the City Clerk) have been prepared in accordance with the requirement of CEQA (Pub. Resources Code, §21000 et seq.), CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista and therefore, should be certified. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this March 12, 2003, by the following vote, to-wit: AYE S: NOES: ABSENT: ABSTENTIONS: Russ Hall, Chairman Diana Vargas Secretary to Planning Commission Attachment 3 was previously provided to Council Members Planning Commission Minutes - 2 - February 12, 2003 1. PUBLIC HEARING: Close of public review period for the Bella Lago Environmental Impact Report (EIR 02-05). Background: Steve Power, Environmental Proiects Manager stated that the purpose for the hearing is to take any further public comments and subsequently close the 45-day public review period for the gella Lago Environmental Impact Report (EIR 02-05). He further stated that the Planning Commission is due to review the project itself, as well asthe EIR on March 12, 2003. MS(; (Oastaneda/Hom) (4-0-2) that the public review period be closed for the Bella Lago Environmental Impact RepoF~ (EIR 02-05). Motion carried. Attachment 4 MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA Council Chambers 6:00 p.m. Public Services Building Wednesday, March 12, 2003 276 Fourth Avenue, Chula Vista ROLL CALL/MOTIONS TO EXCUSE: Present: Madrid, O'Neill, Cortes, Hall, Castaneda, Horn Staff Present: Jim Sandoval, Assistant Director of Planning &Building Luis Hernandez, Principal Planner Marilyn Ponseggi, Environmental Review Coordinator Steve Power, Environmental Projects Manager John Schmitz, Principal Planner Dawn Van Boxtel, Associate Planner Michael Walker, Associate Planner Dave Hanson, Deputy City Attorney I 3. PUBLIC HEARING: Consideration of the Final Project Environmental Impact Report (EIR 02-05) for Bella Lago Precise Plan, Rezone, and Tentative Parcel Map. Background: Steve Power, Environmental Projects Manager gave an overview of the environmental document. The project site is 180 acres in size; 86.5 acres of the site (and an additional 2.5 acres off site) would be dedicated as permanent open space. The site is considered to have high habitat value (i.e. Coastal Sage Scrub, grasslands, Otay Tar Plant). Sensitive wildlife (i.e. California gnatcatcher, golden eagle, horned larks and white tailed kites) were identified either on or near the site. The EIR looked at 14 environmental issue areas and all environmental impacts associated with this project can be mitigated to a level of Less than Significant. Staff Recommendation: That the Planning Commission adopt resolution EIR 02-05 recommending that the City Council certify that the Project Environmental Impact Report has been prepared in accordance with CEQA, the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista; making certain findings of fact; and adopting a Mitigation Monitoring and Reporting Program. MSC (Hom/Castaneda) (6-0) recommending that the City Council certify that the Project Environmental Impact Report has been prepared in accordance with CEQA, the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista; making certain findings of fact; and adopting a Mitigation Monitoring and Reporting Program. Motion carried. RCC Minutes - 2 - January 13. 2003 MSC (Reid/Jasek) to approve the minutes of December 2, 2002 with the abovementioned revision. Vote: (4-0-0-2 with Chavez and Bensoussan absent. ORAL cOr~MUIqlCATIONS: None. NEW BUSINESS Agenda Items ~1 and #2 were taken out of order. 2. EIR-02-05- Bella Lago Precise Plan, Rezone and Tentative Tract Map Mr. Steve Power (Environmental Projects Manager) reported that Bella Lago is an approximate 180-acre planned community residential project located in the most northeastern corner of Chula Vista, which would be accessed through Rolling Hills Ranch. The project site is planned for 140 single-family homes on 93 acres. The remaining 86.5 acrSs is open space. The Environmental Impact Report (EIR) analyzed all the aspects of potential environmental concerns anticipated in an EIR. There are no significant impacts that cannot be mitigated to below a level of significance. Commission Comments Chair Thomas asked if the site was degraded. Ms. Marilyn Ponseggi (Environmental Review Coordinator) indicated that the site is not degraded. It has to do with the type of habitat that is up there. There are a variety of trails throughout that area. There is an access road for the SDG&E easement that goes through the southern portion of the project. Vice-Chair Reid noted that, at the top of Page ES-3, there .was a reference to the North City Preserve Management Area. Ms. Ponseggi stated that the MSCP is divided up into three preserve areas for planning purposes, and Bella Lago is in the North City Preserve area. Vice-Chair Reid noted that the mitigation measures for hydrology/water quality were tied to a Tentative Map approval. He was wondering if those should really be at grading plan or at a later date. Ms. Ponseggi indicated that the Attorney's office had been advising staff that the mitigation measures are first tied to the Tentative Map, which is a discretionary action. Vice-Chair Reid noted that the regional map, Figure 2-1, was not up to date and should be replaced. He questioned several points in the EIR, such as 'mass or phased grading, timeframe of buildout and location of the bicycle and walking pathway. All were answered to his satisfaction. Chair Thomas was concerned about off-site purchase of mitigation land. Ms. Ponseggi assured her that the first priority was to mitigate within the City's Preserve. RCC Minutes _ $_ January 13, 2003 Chair Thomas stated that there should be an update to the impacts of the water supply. Ms. Ponseggi indicated that the Otay Water District has told staff that they have adequate facilities and adequate supply to serve this project. Mr. Tom Adler (Assistant Engineer 11) indicated that the Otay Water District owns a reservoir in the Preserve. MSC (JaseldReid) to recommend certification of the EIR. Vote: (5-0-0-1) with Chavez absent. 1. 1S-03-10-Corporate Plaza Parking Structure, 678 Third Avenue Mr. Paul Hellman (Environmental Projects Manager) displayed a site plan of the proposed project. The 1.7-acre site currently contains a multi-story commercial off~ce building and a parking lot. The proposed project consists of the construction of a 3-level parking ~structure within the western portion of the project site to accommodate the parking needs of the existing on-site commercial office building. The proposed parking structure would increase the number of on-site parking s~aces from 166 to 239. Single-family residential is immediately west of the siructure. The primary issue addressed in the initial Study was noise. Three noise measurements were taken along the western perimeter of the project site on two separate days. A noise study determined that no significant noise impacts would result; therefore, no mitigation was required. Another issue was aesthetics. Because the 25-foot high parking structure is only 10 feet away from the property line of single-family residential, aesthetics were looked at very carefully. To achieve a greater degree of coverage, large trees will be planted along the western boundary and a 3-foot high concrete wall along the western fa;ade of the second and third levels of the parking structure would aid in screening vehicles from view. Commission Comments Commissioner Bensoussan asked about visibility from Third Avenue. Mr. Hellman stated that the parking structure would be in the rear. You could catch a quick glimpse of it through the surface parking lots north and south of the office building. Commissioner Bensoussan asked if this was a free parking lot. Mr. Hellman indicated that it is only for the use of the existing private office building. Mr. Tom McCabe (McCabe Harris, 1909 State Street, San Diego, CA 9210~) stated that there is a tremendous demand for additional parking at this office building. Chair Thomas asked if the parking spaces would be wide enough to get in and out of SUV-type vehicles because that is a problem in some places. Mr. McCabe indicated that the spaces are 9 feet wide. Commissioner Bensoussan asked about security issues since the structure is open and would only be occupied during the day. Ms. Ponseggi indicated that projects are RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR 02-05) FOR THE BELLA LAGO PRECISE PLAN, REZONE, AND TENTATIVE SUBDIVISION MAP; MAKING CERTAIN FINDINGS OF FACT; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. WHEREAS, Belle Lago LLC, submitted an application requesting approvals of a rezone, precise plan and tentative subdivision map for the Belle Lago subdivision ("Project"); and WHEREAS, a Draft EIR 02-05 for the project was issued for public review on December 30, 2002 and was processed through the State Clearinghouse; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for Draft EIR 02-05 on February 12, 2003 to close the public review period; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for EIR-02-05 on March 12, 2003 and certified EIR-02-05 and adopted the Findings of Fact; and the Mitigation and Monitoring and Reporting Program. Further, the Planning Commission also recommended that the City Council certify the document and adopt the Findings of Fact; and the Mitigation Monitoring and Reporting Program. WHEREAS, a Final Environmental Impact Report (EIR 02-05) was prepared for the Belle Lago precise plan and tentative map; and WHEREAS, to the extent that the Findings of Fact for the Project, dated March 3, 2003 (Exhibit "A" of this Resolution, a copy of xvhich is on file in the office of the City Clerk), conclude that proposed mitigation measures outlined in Final EIR 02-05 are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement those measures. These findings are not merely information or advisory, but constitute a binding set of obligations that will come into effect when the City adopts the resolution approving the project. The adopted mitigation measures contained within the Mitigation Monitoring and Reporting Program, Exhibit "B" of this Resolution, a copy of which is on file in the office of the City Clerk, are expressed as conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings of Fact and will be effectuated through the process of implementing the Project. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chu/a Vista does hereby detemfine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Plarming Commission at their public hearings on Draft E1R 02-05 held on February 12, 2003 and March I2, 2003, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision-makers, including documents specified in Public Resources Code Section 21167.6, subdivision(s), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act ("CEQA") (Public Resources Code §21000 et seq.). II. Final EIR 02-05 CONTENTS That the final EIR 02-05 consists of the following: 1. Project EIR for the Bella Lago precise plan, resone, and tentative subdivision map (including technical appendices); and 2. Comments and Responses (All hereafter collectively referred to as "FEIR 02-05") IlL ACCOMPANYING DOCUMENTS TO FEIR 02-05 1. Mitigation Monitoring and Reporting Program; and 2. Findings of Fact IV. CERTIFICATION OF COMPIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT That the Planning Commission does hereby find that FEIR 02-05, and the Findings of Fact (Exhibit "A" to this Resolution, a copy which is on file with the office of the City Clerk), and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution, a copy which is on file with the office of the City Clerk) are prepared in accordance with the requirement of CEQA (Pub. Resources Code, §21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista. V. INDEPENDENT JUDGMENT OF CITY COUNCIL That the City Council finds that the FEIR 02-05 reflects the independent judgment of the City of Chula Vista City Council. VI. CEQA FINDINGS OF FACT, AND MITIGATION MONITORING AND REPORTING PROGRAM A. Adoption of Findings of Fact The City Council does hereby approve, accepts as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the Findings of Fact, Exhibit "A" of this Resolution, a copy of which is on file in the office of the City Clerk. B. Mitigation Measures Feasible and Adopted As more fully identified and set forth in FEIR 02-05 and in the Findings of Fact for this project, ~vhich is Exhibit "A" to this Resolution, a copy of which is on file in the office of the City Clerk, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described in the above referenced documents are feasible and will become binding upon the entity (such as the project proponent or the City) assigned thereby to implement the same. C. lnfeasibility of Alternatives As more fully identified and set forth in FEiR 02-05 and in the Findings of Fact, Section XII, for this project, which is Exhibit "A" to this Resolution, a copy of which is on file in the office of the City Clerk, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that alternatives to the project, which were identified in FEiR-02-05, were not found to reduce impacts to a less than significant level or meet the project objectives. D. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program set tbrth in Exhibit "B" of this Resolution, a copy of which is on file in the office of the City Clerk. The Council further finds that the Program is designed to ensure that, during project implementation, the permittee/project applicant and any other responsible parties implement the project components and comply with the mitigation measures identified in the Findings of Fact and the Mitigation Monitoring and Reporting Program. VII. NOTICE OF DETERMINATION That the Environmental Review Coordinator of the City of Chula Vista is directed after City Council approval of this Project to ensure that a Notice of Determination is filed with the County Clerk of the County of San Diego. These documents, along with any documents submitted to the decision-makers, including documents specified in Public Resources Code Section 21167.6, subdivision(s), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act ("CEQA') (Public Resources Code §21000 et seq.). BE IT FURTHER RESOLVED THAT the City Council of the City of Chula Vista finds that FEIR-02-05, and the Findings of Fact (Exhibit "A" to this Resolution, a copy which is on file with the office of the City Clerk), and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution, a copy which is on file with the office of the City Clerk) have been prepared in accordance with the requirement of CEQA (Pub. Resources Code, §21000 et seq.), C EQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista and therefore, should be certified. Presented by: Approved as to form by: Robert A Leiter Ai~n~Idfoore Director of Planning and Building City Attorney CITY COUNCIL AGENDA STATEMENT Item: Meeting Date: 4~08~03 ITEM TITLE PUBLIC HEARING: Consideration of the following application filed by Bella Lago LLC: a. PCZ-01-04; amendments to the Zoning map or maps established by Section 19.18.010 of the Chula Vista Municipal Code rezoning 180 acres east of the future SR-125 freeway and north of Proctor Valley Road, from PC, Planned Community, to RE-P, Residential Estates with a Precise Plan "P' Modifying District. b. PCM 02-12; a Precise Plan for 180 acres to be known as the Bella Lago Precise Plan. e. PCS 03-03; a Tentative Subdivision Map to subdivide 180 acres east of the future SR-125 freeway and north of Proctor Valley Road into 140 single-family residential lots. RESOLUTION: approving a Precise Plan to be known as Bella Lago and a Tentative Subdivision Map, Chula Vista Tract 00-03 to subdivide 180 acres east of the future SR-125, north of Proctor Valley Road into 140 residential lots and 4 open space lots. ORDINANCE amending the Zoning map or maps established By Section 19.18.010 of the Chula Vista Municipal Code rezoning 180 acres located east of the future SR-125 freeway and north of Proctor Valley Road to RE, Residential Estates with a ("P") Modifying District Designator. SUBMITTED BY: Director of Planning and Building REVIEWED BY: City Manager~5,V (4/5 Vote: Yes No XO The applicant, Bella Lago LLC, has submitted an application to change the zoning of 180 acres east of future SR-125 north of Proctor Valley Road from PC (Planned Conununity) to RE-P (Residential Estate with a Precise Plan "P" Modifying District). The applicant also submitted applications requesting approval of a Precise Plan and Tentative Map to subdivide the 180 acres into 140 residential and 4 open space lots. A Final Environmental Impact Report for this Project (FEIR-02-05) has been previously certified by the Planning Commission, and therefore no further action regarding the Project's environmental status is necessary. Page 2, Item: ]3 ~c~ Meeting Date: 4/08/03 RECOMMENDATION: Adopt the attached Draft City Council Resolution and Ordinance approving the Rezone, Precise Plan and Tentative Subdivision Map, Chula Vista Tract 03-03, in accordance with the findings and subject to the conditions contained therein. BOARDS AND COMMISSION RECOMMENDATION: On March 12, 2003, the Planning Commission considered the proposed project. At the hearing, the Commission inquired about police protection services and school over-crowding. The Commission had concerns that police respotxse times were not being met citywide or at the project level. Staff responded that police response thresholds are monitored and established through the City's Growth Management Program. The thresholds that have been established are based upon citywide response times and factor in individual developments and department needs. Based upon the project's cumulative impact on police services, the developer will be required to pay Developer Impact Fees to mitigate its impacts to police services. Additionally, the City will monitor the Police Department responses to emergency calls and report the results to the GMOC on an annual basis. The Cotmnission also inquired about the project's impact on the area's schools relating to overcrowding. Staff responded that the student generation factors were obtained from the Chula Vista Elementary School District and the Sweetwater Union High School District. Based upon the School Facilities Needs Analysis, updated March 11, 2003, the elementary school student generation rate computation of .4248 students per new single-family dwelling unit equates to a project generation of 59 elementary school age children. According to the Sweetwater Union High School District, the number Of students generated by each new single-family dwelling is .06 for middle schools and .07 for high schools. This equates to a project generation of 8 and 10 students, respectively. Following the aforementioned discussion, the Commission voted 6-0-0 to recommend that the City Council approve the project as presented by the applicant subject to the conditions listed in the Draft City Council Resolution. BACKGROUND: The project site is located within the Eastern Territories Platming Area, which is the largest planning area covered by the City's General Plan. The City's Eastern Territories contains approximately 37,600 acres, of which approximately 14,200 have been identified as developable land. The project site was originally annexed into the City and into the Eastern Territory planning area in 1996, and pre-zoned to PC, Planned Community (see Attachment 2, Figure 1: Major Projects Map). The Bella Lago site is located adjacent to the Rolling Hills Ranch (a.k.a. Salt Creek Ranch) Sub- area III, ~vhich will consist of approximately 600 acres and a total of 425 low-density (0-3 du/ac) Page3, Item: ]~ ~ Meeting Date: 4/08/03 units. Vehicular access to the project site is provided via Rolling Hills Ranch (Sub-area III) internal vehicular circulation system. Thus, Bella Lago will be developed after Rolling Hills Ranch (RHR), unless the applicant develops the necessary infrastructure within RHR to provide vehicular access and services to the future residents of Bella Lago. The Rolling Hills Ranch Master Tentative Map contains specific conditions requiring two access points from the RHR (Sub-area III) to the proposed project: one along the northern boundary and one along the eastern boundary. These access points, as originally envisioned in the Salt Creek Ranch (SCR) Master Tentative Map, have been modified to reflect the actual subdivision design of the two projects. (see Attachment 2, Figure 2: Off-Site Circulation Plan). The City of San Diego, the County of San Diego, and 10 other jurisdictions, including the City of Chula Vista, have prepared the MSCP/NCCP sub-regional plan for an approximately 900 square- mile area in southwestern San Diego. To implement the MSCP/NCCP program, the City of Chula Vista has prepared a Sub-area plan in collaboration with the United States Fish and Wildlife Service (USFWS), the California Department of Fish and Game (CDFG), property owners and other interested persons. The Sub-area Plan is an implementing plan to allow "take" of certain covered species incidental to land development, which are authorized by the City of Chula Vista. The Planning Commission and City Council will consider MSCP Sub~area Plan in the near future. After extensive negotiations with USFWS, CDFG and the City, Bella Lago was determined to be a "Covered Project", which means that all project impacts have been mitigated through a combination of avoidance, preserve design, and off-site mitigation. As a "Covered Project," the envirommental preserve boundaries have been established. A total of 86.5 acres of habitat land found on-site (primarily the northern end of the parcel) would be conserved as part of the North City Preserve Management Area, plus an additional 2.5 acres off-site, for a total of 89 acres of open space. The remaining portion of the site (93.5 acres) accommodates the proposed development (see Attachment 2, Figure 3: Enviromnental Preserve Map). DISCUSSION: 1. Existing Site Characteristics The project site is located east of the future SR-125, north of Proctor Valley Road in the northeastern area of the City of Chula Vista. The site is located immediately northeast of the approved Roiling Hills Ranch (Sub-area III), southeast of San Miguel Mountain and northwest of the Upper Otay Reservoir (see Attachment 2, Figure 4: Regional Locator Map). The project site, which is currently undeveloped and generally undisturbed, is an inverted, L- shaped parcel with slopes running north to south and a ridge extending through the central portion of the site. Elevations of the site range from 1,170 feet above mean sea level (AMSL) in the north to 670 feet AMSL in the south (see Attachment 2, Figure 5: Site Topography). The site Page 4, Item: ~.x.~ Meeting Date: 4/08/03 has unobstructed views to the Upper Otay Lake Reservoir to the south and east and is bisected by a 200-foot utility easement along the southern portion of the site. Access to the site is provided via Rolling Hills Ranch (Sub-area III) in two locations: Neighborhood 10B and Neighborhood 11 (see Attachment 2, Figure 2: Off-Site Circulation). These access points are linked to the Sub-area III loop road, connecting the two projects to Proctor Valley Road, future SR-125 and other regional transportation corridors. 2. Surrounding Land Uses C.V Muni General Plan Land Use Existing Lang Use Code / Zoning Designation Site PC Low Density Residential Vacant (0-3 dus/ac) South PC Low Density Residential Open Space (0-3 dus/ac)/Open space East PC Open Space Open Space West PC Low Density Residential Vacant/ (0-3 dus/ac) Single-Family Residential North PC Open Space Open Space 3. Project Description Rezone The proposed rezone consists of changing the current zoning from PC, Planned Comanunity, to RE-P, Residential Estates with a Precise Plan "P" Modifying District. The RE Zone District is intended for estate type lots. The Precise Plan Modifying District is included to allow the diversification of spatial arrangement of buildings, landscaping, open space, as well as have a greater control of the location, height, size and setbacks of buildings and other accessory structures. Once adopted, the Precise Plan will take precedence over the otherwise applicable RE zoning regulations. However, if the Precise Plan does not address a specific condition, then the RE Zone District Regulations and thc Zoning Ordinance will apply. Precise Plan Pursuant to Section 19.56.040 of the Municipal Code, a Precise Plan has been prepared to address the unique development opportunities offered in the Bella Lago site. The Bella Lago Precise Plan contains the following Sections: 1) Development Plan, addressing grading, circulation and site design influences; 2) Development Requirements addressing affordable housing, park acquisition and development, public facilities and development phasing', 3) Development Regulations, addressing specific property development parameters, including building setbacks, permitted uses and fuel management program; 4) Design Guidelines Page 5, Item: ]~_~/~.~ Meeting Date: 4/08/03 addressing project architecture, landscape architectural guidelines and commtmity walls and fences; and 5) Administrative Procedures (see Attachment 3). Tentative Map The Tentative Map subdivides 180 acres into 140 residential lots and 4 open space lots at a density of .78 dwelling units per acre. Lot sizes range from 15,008 square feet to 97,549 square feet with the project having an average lot size of 23,413 square feet. The building pads range from 8,823 square feet to 29,975 square feet with an average pad size of 16,143 square feet. The four open space lots (Lots 141-144) encompass a total of approximately 86.5 acres, and include a 200-foot wide power easement, a steep canyon at the south end and the MSCP preserve lot at the northern end. (See Attachment 2, Figure 6A and 6B: Tentative Map). It is anticipated that the project will be developed south to north in two phases: The first phase consists of the southerly 82 residential lots and second or remaining phase, the northerly 58 lots. (see Attachment 2, Figure 7: Phasing Plan) The open space lots will be dedicated concurrent with the first phase of development. 3. Analysis Rezone The proposed rezone from PC, Planned Community to RE-P, Residential Estate with a Precise Plan "P" Modifying District, will allow the Bella Lago development to rely on the adopted RE Zone District standards instead of creating General Development and SPA Plans for 140 residential lots. The "P" Modifying District provides the flexibility to customize development regulations and property development standards appropriate for the unique opportunities and constraints offered on the site. Thus, rezoning the property RE-P results in a simpler process without compromising the density and residential quality expected under the PC zone district. To address the specific development parameters and other unique conditions of the project site, the project proposal includes a comprehensive Precise Plan. The RE Zone District is intended for estate type lots and requires 20,000 square-foot lots at a density range of 0-3 dwelling units per acre. However, the Chula Vista Municipal Code, Section 19.22.090, states that if the overall density of the site in a R-E zone is maintained, then the proposed lot sizes may be reduced to 75% of the minimum lot size for that same zone or 15,000 square feet for not more than 25% of the project's lots. The minimum lot size has been reduced from the required 20,000 square feet in the RE Zone district to 15,000 square feet in order to compensate for the 86.5 acres of open space that the Developer will dedicate as open space under the MSCP program. Additionally, the Tentative Subdivision Map, Chula Vista Tract 03-03 and Precise Plan, have been designed with 76.5% of the lots at a minimum of 20, 000 square feet and 23.5% at a minimum of 15,000 square feet. This lot size distribution is allowed in the RE Zone District. Page 6, Item: ~.~o~ Meeting Date: 4/08/03 Thus, the Precise Plan's 15,000 square foot minimum lot size is consistent with the RE Zone District's required lot size when combined with the above mentioned lot size reduction section of the Municipal Code. Precise Plan The Precise Plan establishes development regulations and standards for Bella Lago; refines and implements goals, objectives and polices of the City's General Plan and establishes the planning design parameters for the site. The main Precise Plan components are as follows: Land Use Plan The Land Use Plan divides the project into two main components: 86.5 acres in four separate open space lots intended to preserve the site's sensitive biological resources and 93.07 acres designated SFE (Single-Family Estate) where 140 lots would be developed in a series of cul-de- sacs served by a spine road. The Precise Plan envisions one and two-story homes ranging in size from 3,000 to 5,500 square feet of living space and ample outdoor area (see Attachment 2, Figure 8: Land Use Plan). Circulation Plan On-site circulation consists of a 62-foot right-of-way central, north/south spine road (Via Maggiore Street) serving several residential cul-de-sacs (58-foot right-of-way) on both sides (see Attachment 2, Figure 9: On-site Circulation). Each street will have 5-foot sidewalks on both sides separated from the travel lanes by 8-foot landscaped parkways (see Attachment 2, Figure 10: Street Cross Sections). To take advantage of the easterly views, the end of the cul-de-sacs along the eastern edge of the project have been left open. The result is an enhanced street scene with unobstructed views of the San Miguel Mountains and Upper Otay Lakes Reservoir. The internal circulation pattern and lot layout follows the site's existing landform by designing the road system parallel to the existing contours. As indicated above, access to the site is provided via Neighborhoods 10B and 11 of the Rolling Hills Ranch (Sub-area III). The Bella Lago neighborhood will use the Sub-area III loop road to access major east/west transportation corridors and the future SR-125. Access to the Bella Lago property is dependent on public roadways through the approved Rolling Hills Ranch (Sub-area III) project. Currently, Sub-area III is undeveloped and no roadways exist through the site. In the event that the development of Bella Lago occurs prior to (Sub-area III) of Rolling Hills Ranch, the Developer of Bella Lago will be responsible for all mitigation measures and street improvements within Rolling Hills Ranch necessary to provide vehicular access, drainage, sewer, and water facilities for Bella Lago. Concept Grading The proposed development of the 140 single-family residences within the Bella Lago community will result in the grading of approximately half of the site (93.07) acres and approximately 600,000 cubic yards of cut and fill, balanced on-site. Grading includes perimeter fill slopes Page 7, Item: J~ ~ ~ Meeting Date: 4/08/03 ranging in height up to 79 feet on the eastern side with cut slopes ranging up to 40 feet to the north. Grading of the site will generally follow the natural, gently sloping topography of the developable portion of the site, and will include sensitive landform grading techniques in order to preserve the natural drainage areas within the project site (see Attachment 2, Figure 11: Concept Grading). The northerly portion of the site will remain in its natural state as MSCP Preserve lands. Drainage Runoff from the project site currently flows naturally over undisturbed lands and into the Upper Otay Reservoir. Bella Lago and a portion of the adjacent Rolling Hills Ranch project are tributary to the Upper Otay Reservoir, a potable drinking water facility for the City of San Diego. The City of San Diego established a non-degradation policy for the Otay Basin. This policy does not permit an increase in pollutants resulting from project developments in the Upper Otay Basin. The Bella Lago storm drain system has been designed to collect the first flush nuisance water flows in a series of small drainage basins at the eastern ends of the proposed cul-de-sacs for transfer to a larger detention basin in the southern portion of the site. These first flush flows will be treated and then diverted via an underground force main through Rolling Hills Ranch and into the Salt Creek Basin. The remaining flows, absent the first flush, will be collected in underground storage facilities located at the ends of the cul-de-sac and then slowly dispersed into the natural drainage courses that have historically carried such flows. See Section III of the Precise Plan (Attachment 3) for additional information on drainage. In the event that the development of Bella Lago occurs prior to Sub-area III of Rolling Hills Ranch, the developer of Bella Lago will be responsible for constructing the Rolling Hills Ranch storm drain system to serve the site. Property Development Standards Included within the Precise Plan's Development Regulations Section, are the Bella Lago Property Development Standards. See Section IV of the Precise Plan (Attachment 3) for additional information on the proposed standards. These standards establish the development regulations for the site, such as building type, height, location, lot size, density and other similar development regulations. The following table provides a comparison between the adopted RE Zone District and the proposed development standards. Page 8, Item:/3 Meeting Date: 4/08/03 Development R-E Residential Bella Lago Precise Plan Standards Estate Zone Land Use District SFE Single-Family Detached Single-Family Detached Permitted Uses Dwelling; Crop and Tree Dwelling Farming Main Building Height (Maximum) 28 feet 28 feet Main Building Stories (Maximum) 2 ½ 2 ~A Lot Coverage (Maximum) 40 % 40 % Lot Area (Minimum) 20,000 square feet 15,000 square feet Lot Area Reduction (Minimum)* 15,000 square feet ** Lot Frontage (Minimum) 100 feet 100 feet Setbacks (Minimum) Front Yard 25 feet 25 feet Exterior Side Yard 15 feet 15 feet Side Yard 10 feet I 0 feet Rear Yard 25 feet 20 feet Floor Area Ratio (Maximum) .45 .50 Off Street Parking 2 2 * Section 19.22.090- Minimum lot area-Reduction permitted when. In the R-E zone, if the overall net density of lots per acre meets the requirements of the particular zone classification, the minimum lot size may be reduced to seventy-five percent of said minimum for not more than twenty-five percent of the lots within the area being subdivided. (Ord. 1356 § 1 (part), 1971; Ord. 1212 §1 (part), 1969; prior code §33.502(H)(2)). ** Bella Lago proposes 33 residential lots with a lot size of at least 15,000 square feet or 23.5 % of the 140 residential lots. The remaining residential lots (105) meet or exceed the R-E zone minimum lot size of 20,000 square feet. With the exception of the minimum lot area requirements, Floor Area Ratio (FAR), rear yard setback and a special 50-foot building setback for lots abutting the perimeter of the project site, the Bella Lago Property Development Standards are consistent with the requirements prescribed in the RE Zone District. The minimum lot size has been reduced from the required 20,000 sq. fi. in the RE Zone District to 15,000 sq. fi in order to compensate for the 86.5 acres of open space that the Developer will dedicate as open space under the MSCP program. However, the Tentative Subdivision Map has been designed with 75% of the lots at a 20, 000 square foot minimum and 25% at a 15,000 square foot minimum. As indicated above, this lot size distribution is allowed in the RE Zone District. Page 9, Item: Meeting Date: 4/08/03 Additionally, the maximum Floor Area Ratio has been increased from .45 to .50 and the rear yard setbacks reduced from 25 feet to 20 feet to to bring the project up to par with other similar developments in the area. In order to protect the development from potential fires coming from the open space surrounding the entire property, the Precise Plan includes a 50-foot Fuel Buffer zone along the entire perimeter of the property. This buffer setback is unique to the Bella Lago Project and not required in the RE zone District. Fuel Modification Zone Plan (FMZP) Included, as part of the Bella Lago Precise Plan, is a Fuel Modification Zone Plan (FMZP). An outside consultant in conjunction with City Departments including Fire and Planning and Building and Parks and Building Construction prepared the Bella Lago (FMZP). The plan is based upon a "Behave" modeling process that analyzes the fuel source (vegetation type, height, and density), prevailing and historical wind patterns, topography and atmospheric humidity to determine the required fire mitigation for the site. The plan concluded that a landscaped and irrigated 50' perimeter fuel buffer zone surrounding the development area would be acceptable (see Attachment 2, Figure 12: Fuel Buffer Zone Map). Plant materials proposed in this zone must be selected from an approved "Firewise' plant palette, with no trees or shrubs taller than 18" being permitted. The intent of the buffer zone would be to adequately separate the native vegetation (fuel source) from the proposed residential structures. The plant palette combined with a maintenance responsibility plan, landscaping standards for yard landscaping, as well as fire resistant construction techniques are designed to prevent damage and destruction of the proposed structures, and to prevent structure fires from escaping into and destroying the preserve and opens space habitats. See Section IV of the Precise Plan for additional information on the Fuel Modification Zone Plan. Air Quality Improvement Plan In accordance with the City of Chula Vista Municipal Code (Section 19.09.050b), the developer has prepared the Air Quality Improvement Plan. The AQIP is appended to the Precise Plan (see Attachment 3, Precise Plan Appendix E). This analysis was prepared to ensure that the proposed development utilizes the Best Available Control Technology (BACT) to reduce adverse air quality impacts attributable to the project. Furthermore, the City identifies additional action measures to improve air quality within its Carbon Dioxide Reduction Plan. This plan encourages minimizing urban sprawl and the incorporation of public transit, pedestrian and bicycle uses within new developments. The developer proposes to implement the Comfort-wise SM, SDG&E EnergyStar sM or custom Community Energy Efficiency Program (CEEP) building program on all units within the Bella Lago development. In addition, the following project design will have a direct effect in reducing the development's contribution to adverse air quality impacts: Page 10, Item: }~ ~.~ Meeting Date: 4/08/03 1. The project proposes a 12-foot wide path to encourage alternate transportation means, such as biking and walking; 2. The project contains three detention basins and landscape areas, forming an ornamentally landscaped green belt; 3. All homes will be wired for telecommuting, encouraging home office uses, thus lowering the number of project generated car trips; 4. The project site will include dense landscaping which will exceed the minimum City requirements; 5. The 50-foot wide fuel management zone surrounding the site will create approximately 10 acres of additional open space; and, 6. The increased pad to lot ratio is large so as to increase open space on each lot. The measures will provide additional relief to local air quality impacts and are consistent with the City's reduction plan. The Tentative Map contains a condition requiring the applicant to comply and remain in compliance with the AQIP. Water Conservation Plan The Bella Lago Precise Plan Water Conservation Plan (WCP), which is a requirement of the City's Growth Management Ordinance, presents technologies and practices that result in water conservation for the proposed residential development. The WCP is appended to the Precise Plan (see Attachment 3, Precise Plan Appendix D). The identified measures will be incorporated into the planning and design of Bella Lago, resulting in a more efficient use of water and reduction of water usage. Both State and local government mandated and non-mandated measures are identified in the analysis. Implementation of these measures, as well as the monitoring and reporting on the effectiveness of the measures, is the responsibility of the Developer. For the Bella Lago project, the developer will include hot water pipe insulation, pressure reducing valves, water efficient dishwashers, and landscape guidelines. The result is an estimated water savings of 10,481 gallons per day for the development. In addition, the developer will offer other non-mandated conservation options to homebuyers, such as: "Evapotranspiration' Controllers, Dual Flush Toilets, High-Efficiency Washing Machines and Hot Water On-Demand Units. Affordable Housing The Housing Element of the General Plan identifies comprehensive policies and programs dedicated to providing adequate and affordable housing opportunities for all segments of its population. Key among these policies is the affordable housing policy which requires that residential development with 50 or more dwelling units provide a minimum of 10% of the total dwelling units for low and moderate income households, one-half of these units (5% of the total project) being designated to low income and the remaining 5% to moderate households. Page 11, Item: /5 .~ Meeting Date: 4/08/03 In order to comply with this policy, the City will require that the developer of Belle Lago enter into an affordable housing agreement with the City prior to recordation of the first final map or approval of grading plans, whichever occurs firsi. The agreement includes and requires compliance with one of the following alternatives: 1) Purchase off-site affordable housing credits within a surrounding development located within the City of Chula Vista's eastern area; or 2) Pay in-lieu fees in an amount determined by the City of Chula Vista. Parks The proposed development will not be required to dedicate and construct parklands due to its limited size. The developer will be required to pay in-lieu fees for both dedication and construction of the project's development fair share contribution based upon the City's Parkland Dedication Ordinance (PLDO). The following table illustrates the total in-lieu fees based upon the current fee schedule: Land Use Dwelling Person/DU Population Acre/000 Fee in-lieu of Parkland Total Fee Units (DU) pop. Dedication ObligationDeVel°pment Single- 140 1.48 207,2 .42 acres $608,44000 $493,220.00 $1,101,660.00 Family The actual amount to be collected will be based on the fees in effect at time of recordation of the Project's Final Map. Transit: Transit services provided on Proctor Valley .Road do not reach easterly to the project site. Currently, the City has no program to extend such service to Belle Lago. However, if demand exists in the future, the City would consider implementing a "Green Car" service to the area. The "Green Car" service represents local circulators using mini- to mid-size buses and functions as a collector/feeder to the "Blue and/or Red Car" regional transportation services. There are no transit station requirements for this project. Tentative Map Subdivision Design The design of the Belle Lago subdivision includes two objectives: 1) Provide for a continuation of Rolling Hills Ranch (Sub-area III) residential neighborhoods; and 2) Provide a circulation and grading concept, which emphasizes the views of the surrounding mountains to the east and Upper Otay Lakes to the south. The subdivision consists of two main components: four open space lots totaling approximately 86.5 acres, and 140 residential lots on 93.5 acres. The project proposes 76.5% of the lots (107 lots) at 20,000 square feet or more, and 23.5% (33 lots) are 15,000 square feet or more, but less than 20,000 square feet. The average lot size is 23,413 square feet. The reduction in minimum lot sizes on 23.5% of the lots is necessary to compensate for the dedication of approximately 86.5 Page 12, Item: Meeting Date: 4/08/03 acres of an on-site environmental preserve. Additionally, the proposed mix of lot sizes is consistent with the westerly adjacent Rolling Hills Ranch (Sub-area III) approved subdivision design (see Figures 6A and 6B) and the RE Zone District Property Development Standards. The subdivision net building pad sizes range from 8,823 square feet to 29,975 square feet, averaging 16,143 square feet. The building pad sizes are consistent with Rolling Hills Ranch (Sub-area III) Neighborhood, providing a seamless transition. The RE zone does not require minimum building pad area. The vehicular circulation and grading concept enhances the views from the project to both the east and south. A "spine road", to be known as Via Magiorre, traverses the site in a north/south direction. This road is designed with a right-of-way width of 62 feet and features a 36-foot wide travel lane and 8-foot wide landscaped parkway on both sides with 5-foot sidewalks. Extending in an east and west direction are proposed cul-de-sac streets with open views of surrounding hillsides. Connecting these cul-de-sacs is a pedestrian/maintenance access road with open views to the east. The site will be graded in a terraced fashion, following the natural topography of the site. These terraces are separated by approximately 30-40 feet of elevation and provide lots with views of the Upper Otay Lakes to the south. Potable and Recycled Water The project is within the boundaries of the Otay Water District and will annex into Improvement Districts (ID) 22 and 27 prior to receiving water service. Due to the topography of the site, Bella Lago will require water service from two pressure zones: the 980 Zone and the 1296 Zone. The 980 Zone is gravity-fed utilizing 8-inch and 12-inch pipelines extended from the southerly portion of Rolling Hills Ranch. The 980 Zone line extends north through Via Maggiore to Ponte Tresa and ~vill serve approximately 82 lots to be constructed in the first phase of development. The 1296 Zone covers the northerly 58 lots. The 1296 system relies on a hydro-pneumatic pump station and piping system located in Neighborhood 12 of Rolling Hills Ranch. The 1296 system also relies upon the 980 line being looped to Proctor Valley Road. Based on the development of 140 residential units, the projected average annual water demand is approximately 133,900 gallons per day (gpd). This results in projected maximum daily use of 390,000 gpd and a peak hour demand of 710,000 gpd. See Attachment 3, Precise Plan (Section IV) for additional information on Potable Water. In the event that the development of Bella Lago occurs prior to Sub-area III of Rolling Hills Ranch, the developer of Bella Lago will be responsible for constructing the Rolling Hills Ranch water system necessary to serve Bella Lago. There are no recycled water facilities proposed for Bella Lago. The project is within the Otay Lakes drainage basin and irrigation with recycled water on property tributary to a potable water- Page 13, Item: Meeting Date: 4/08/03 drinking source is not permitted by the State of California. Sower Sewer service for the Bolla Lago development is provided by the City of Chula Vista. The sewer study prepared for the project estimated that the project would generate approximately 37,100 gallons of wastewater per day. The entire Bolla Lago project is within the Upper Otay Reservoir watershed and will require pumping to convey flows to the Salt Creek Basin. The Bolla Lago sewer system will be gravity fed via 8-inch piping through Rolling Hills Ranch Neighborhood 1 OB connecting to a proposed lift station located along Proctor Valley Road. The pump station is connected to dual 6-inch force mains conveying the effluent into either the Otay Lakes Lift Station or the proposed Salt Creek Interceptor expected to be available for service some time in 2003. As with the water and storm drain infrastructure, Bella Lago is dependent upon Rolling Hills Ranch to provide this infrastructure to serve the project. See Attachment 3, Precise Plan (Section IV) for additional information on sewer. In the event that the development of Bolla Lago occurs prior to Sub-area III of Rolling Hills Ranch, the developer of Bolla Lago will be responsible for constructing that portion of the Rolling Hills Ranch sewer system necessary to serve Bolla Lago. Transportation The project's traffic study determined that no direct significant impacts were anticipated with the development of the Bolla Lago project. The project, however, would contribute to cumulative impacts on the area's traffic. Based upon the project's cumulative impacts, Bella Lago will contribute its fair share to the construction and securing of three traffic signals at the intersection of East 'H' Street/Proctor Valley Road, Proctor Valley Road/Lane Avenue, and Proctor Valley Road/Hante Parkway. The traffic study further showed that the future development of the Eastern Territories is dependent on the completion of SR-125. It is estimated that SR-125 would be completed and open for public access in October 2006. If current building trends continue strong for the next couple of years, the available capacity of the local roads could be exceeded before the opening of SR-125. Under this scenario, the Bolla Lago project will be sub.}ect to the available cumulative capacity of 9,429 building permits if SR-125 is not built or additional local road capacity is not constructed. This limit is necessary to prevent the traffic threshold standard from being violated on the east/west arterials providing service to the Eastern Territories. In the event that the development of Bella Lago occurs prior to Sub-area III of Rolling Hills Ranch, the developer of Bella Lago would be responsible for the design and construction of all access roads necessary to provide access to the site from the existing terminus of Proctor Valley Road. The project will also implement transportation demand strategies, including provisions of transit service and bus stops in order to reduce peak hour demand on the street network. Page 14, Item: /~.~ Meeting Date: 4~08~03 Schools Bella Lago is within the City of Chula Vista Elementary School District. Elementary school age children generated from the proposed project (approximately 58) would attend Thurgood Marshal Elementary School. The 2002 enrollment at the school was 496; the current capacity for the school is 700 students. Therefore, the school can accommodate the additional elementary students generated from the proposed project. The proposed project would generate approximately 10 high school-aged students. The Sweetwater Union High School District, ~vhich provides secondary school facilities in Chula Vista, has indicated that a new high school in Otay Ranch's Village 2 is expected to be completed and be available in July of this year. In addition, the District and the City are currently coordinating a site selection process for a second high school in Otay Ranch. This second high school is currently targeted for completion in 2006. These new schools and the existing high school facilities will allow the District additional capacity to serve students from Bella Lago and other surrounding communities. Currently, the Rancho Del Rey Middle School serves the proposed development. The 2002 enrollment at the middle school was 1,537, slightly exceeding its 1,500-student capacity. To accommodate overcrowding, the District has used relocatable classrooms. An additional middle school is proposed to be completed in July 2003 in the Rolling Hills Ranch commtmity area and would also serve children from the Bella Lago residential development. The proposed middle school enrollment is undetermined at this time; however, the Sweetwater Union High School District expects that this school would be able to accommodate the eight middle school children from the Bella Lago project. Libraries A new Library Master Plan Update was adopted by the City Council in December 1998. The plan addresses library location, phasing, and impacts of new technology on library usage, floor space needs and other design and development criteria. The Master Plan calls for the construction of a full service regional library of approximately 30,000 square feet in Rancho del Rey by the year 2005. Bella Lago does not include library facilities. Instead, the applicant would be required to pay Public Facilities DIF for library facilities. Police Facilities Police facilities are provided for at the Chula Vista Police Department located at City Hall. Development Impact Fees will pay for provision of police facilities and services. Conclusion For the reasons stated above staff has concluded that the Bella Lago Precise Plan, Tentative Subdivision Map and Rezoning described and evaluated in this report, reflects sound planning principles and is consistent with adopted plans and ordinances of the City of Chula Vista. Thus, it is recommended that the Project be approved subject to the Tentative Subdivision Map and Precise Plan conditions of approval listed in the Draft City Council Resolution. Page 15, Item: /3 ~ Meeting Date: 4/08/03 FISCAL IMPACT: The applicant has paid for all costs associated with the processing of the Bella Lago development project (Rezone, Precise Plan, and Tentfitive Map) and will be responsible for paying corresponding Development Impact fess and other applicable development processing fees, as they may be amended from time to time. In addition, a fiscal impact analysis prepared by CIC Research, Inc. identifies the estimated fiscal impact of the Bella Lago development on the operation and maintenance budgets of the City of Chula Vista (general fund). The Forecasted net impact from developing the Bella Lago would be $7,700 (positive) in the first year of absorption and would increase throughout the development process finishing with an annual estimated surplus of $22,500. Attachments 1. Draft City Council Ordinance 2. Figures: Figure 1: Major Road Projects Map Figure 2: Off-Site Circulation Plan Figure 3: Environmental Preserve Map Figure 4: Regional Locator Map Figure 5: Site Topography Figure 6A: Tentative Map (Sheet 1) Figure 6B: Tentative Map (Sheet 2) Figure 7: Phasing Plan Figure 8: Land Use Plan Figure 9: On-Site Circulation Plan Figure 10: Street Cross Sections Figure 11: Concept Grading Figure 12: Fuel Buffer Zone Map 3. Bella Lago Precise Plan Binder 4. Disclosure Statement COUNT~' OF SAN DIEGO CIT~ OF CHU~ VISTA OTAY ~NCH PROJECT , CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCR~P~O.: APPUCANT: Bella Lago, LEG Re~uesitng approval of the follawlag applications: 1) PCZ~OI-O4,Zo~e Change PROJECT East of future SR-125 f~eeway and to change the cu~ent Zoning designation of file ~ubject site f~om PC, Planned ADDRESS: north of Proctor Valley Road Community to RE-P, Residential Estates, with Precise Plan (P) Modifying Distris~ 2) PCM-02-12, Precise Plan containing specific propelty development SCALE: FIL~ NUMBER: standards for the proposed development and o~er development parameters for the 180 acres site; and 3) PCS-03~03, Tentative Subdivision Map NORTH No Scale PCZ~l~4, PCM-02-12; to subdivide 180 acres into 140 residential lots and 4 open space lots. PCS-O3-03; EIR-O2-05 C:\DAIFILE~Jocators\PCZ-Ol-O4,PCM-O2.12;PCS-O3_O3,EiR.O2.05.cdr 02/10/03 RESOLUTION NO. PCM-02-12, PCZ-01-04, PCS-03-03 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL REZONE 180 ACRES EAST OF THE FUTURE SR-125 FREEWAY, NORTH OF PROCTOR VALLEY ROAD FROM PC, PLANNED COMMUNITY TO RE-P, RESIDENTIAL ESTATES WITH PRECISE PLAN "P" MODIFYING DISTRICT. ALSO APPROVE AND IMPOSE CONDITIONS OF A PRECISE PLAN AND A TENTATiVE SUBDiVISION MAP TO SUBDiVIDE THE 180 ACRES INTO 140 RI~SIDENTIAL AND 4 OPEN SPACE LOTS, BELLA LAGO LLC. WHEREAS, on November 25, 2001, Bella Lago, LLC ("Developer") filed a Zone Change application with the Planning and Building Department of the City of Chula Vista requesting an amendment to the adopted Zoning map or maps established by Section 19.18.010 of the Chula Vista Municipal Code, rezoning 180 acres from PC, planned Community to RE, Residential Estates with a Precise Plan "P" Modifying District designator. The applicant also filed applications for a Precise Plan and Tentative Subdivision Map to subdivide 180 acres into I40 single family lots and 4 open space lots ("Project"); and, WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented in Exhibit "A" and commonly known as Bella Lago, and for the purpose of general description herein consists of approximately 180 acres located east of the future SR-125 freeway, north of Proctor Valley Road at the northeastern end of the City's jurisdictional boundaries ("Project Site"); and, WHEREAS, the Environmental Review Coordinator has reviewed the project and determined that the Project would result in a significant impact to the environment, therefore, an Environmental Impact report has been prepared; and, WHEREAS, the Planning Commission found that the Final Environmental Impact Report (FEIR-02-05) had been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), and the Environmental Review Procedures of the City of Chula Vista; and, WHEREAS, the Planning Commission found that thc Project impacts will be mitigated by adoption of the Mitigation Measures described in the Final Environmental Impact Report, and contained in the Mitigation Monitoring and Reporting Program is designed to ensure that the during Project implementation, the Project applicant, and any other responsible parties implement the project components and comply with the Mitigation Monitoring Program; and, WHEREAS the Planning Commission having received certain evidence on March 12, 2003, as set forth in the record of its proceedings incorporated herein by reference as if, set forth in full, made certain findings, as set forth in its recommending Resolution PCM-02-12, PCZ-01-04, PCS- 03-03 herein, and recommended that the City Council approve the Project based on the findings and certain terms and conditions contained in the draft City Council Resolution and Ordinance; and, WHEREAS, the Planning and Building Department set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and it mailing to property owners within 500 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and, WHEREAS, the heating was held at the time and place as advertised, namely 6:00 p.m., March 12, 2003, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said heating was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached Draft City Council Resolution and Ordinance approving the Project in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CAL1]3'ORNIA, this 12th day of March, 2003, by the following vote, to-wit: AYES: NOES: ABSENT: Russ Hall, Chairperson ATTEST: Diana Vargas, Secretary J:~Planning~LUIS~BELLA LAGOXReports, Reso, Ord, Not, hrg schXFINAL REPORTS, RESOS & ORD~FINAL PLANNING COMMISSION REPORTSXBel]a Iago PCM-02-12. PC Reso Mar 03 03,doc OTAY RANCH PROJECT LOCATION CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PRoJEc~ APPUCA~rr: Bella Lago, LLC PROJEC? East of future SR-125 freeway and ADDRESS: norl,fl of Proctor Valley Road EXHIBIT A NORTH No Scale pcs. o~03; E]R-02~5 I I I Bella Lago I I : 1990 ROLLING HILLS RANCH L.. I MASTER TENTATIVE MAP- REQUIREMENT CONNECTING J FOR BELLA LAGO J "" ROlling Legend Ranch Vehicular · ~00000 Circulation Project Access Off-site Circula ; lOb ~e~ ~,d~o -- Neighborhood lOa ~- Proctor Valley Read ~ ~La~tcl Planning ~"~ ~" FIGURE 2 LAND USE, PLANNING AND Northern access from Rolling Hills Ranch Neighborhood Leg:~end No. 11 .... Project I~u~dary /]/20 Project Access ~ On-site l~lgaflon Area (Preserve) 86.5 Acres- ~ Total Development Area 93.07 Acres Total Site Area 1T9.57 Acres Pdmary Project access, from Rolling Hills Ranch N Neighborhood No. 10b Source: City of Chula Vista MSCP Subarea Plan Bell. L~go Pree~ePl. n, R~one, a.d Tentative Traet Map Omft EIR FIGURE Draft: December 2002 CITY BOUNDARY /--- FUTURE STATE ~ ..Al '1 mlml~m.~m~& ACCESS = - Imtlm"k TELEGRAPH CANYON ROAD © OLYMPIC Regional Locator Map FIGURE 4 ~ Land ?tanning No Scare ... Be~la Lago Planning Commission Report City of Chula Vista, Califomia SDG&E Easemen~ Site Topography ~ ----,.~ ~.~,~ FIGURE 5 g~ Land Planning //,,//// / / / ~ // Bella Lago Planning Commission Repo~ /~ ~ ~.~ City of Chula Vi~ TENTA ~ MAP for Bella Lago Chula Vista, California I Unit I : : I I I I i Unit Legend Unit Lots Numbers Total I I Conceptual Phasing Plan ~ ~ . ~e£Fa £a~to F_.~t~x'Z:~l Land Planning O ~'-T._~-~' ,L~. FIGURE 7 Be~la Lago Precise Plan City of Chula Vista, California 02/21/03 Project Access -- Legend Symbol Aores Prope~ed Land Use Development Units Residential Uses SFE-I I ResidentiatEs~ate (0.5-3DWAcre) I 93.07 I 140 Open Space Uses I NaturalOpenSpace 86.50 OS 179.57 Total Acreage SDGE U. tifity Average Lot Size ......... 23,413 sf ~asemenl -- Average Pad Size ........ 16,143 sf LAND USE MAP FIGURE 8 ~ SCALE IN F£ET ~'D~ Lan# Planning / Bella Lago Planning Commission Roport /~,~ '~ Cit~ of Chula Vista, Cal/[ornia Legend I I I I 62'R.O.W. O00OO0 5S'R.O.W. VIEWS -~ ~ / '"" On.site Projec '1 Circulation Plan ~Land Planniog O ~ ~ ,c~_~,.r~, [ ~ / FIGURE 9 Be/la Lago P/arming Commissi~ Repo, /~ ~ ~/ C~ of Chula ~s~, Cat. mia MAX5:ISLOPE ~SiDEWALK~J ~'[-PARKWAY'V TRAVEL LANE+TRAVEL LANE Yj L SiDEwALKm 5:1SLOPE Primary Road Section 58~.0- Residential Road Section Typical Street Sections E_~l~,~4 Land P/anning Bella Lago Precise Plan ~ In City of Chula Vista, California 02/21/03 /~-".5~,2... FIGURE 10 8 Concept Grading FIGURE 11 ? ~Land Planning / / ' Be/la Logo Planning Commission Report J.,,~.- ~..~ City of Chula Vista, California Legend ~ 50'FuelBufferZone Fuel Buffer Zone Map F-b-'~ Land Planning / Bella L ago Plonning Commission Repod ~ ~ ~ Citg of Chulo Vista, Col[[omia ATTACHMENT 5 Precise Plan (See Binder) ATTACHMENT 6 Ownership Disclosure Statement ¢ ~ Appendix B THE CITY L 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. Bella Lago, LLC 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. Tim Wilson Doug Jennings 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 X 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. ..T..ony Lettieri Bob Haynes Jim Whalen Tim Wilson Steve Estrada 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes __ No × If yes, state which Councilmember(s): (NO TE: A TTA CH ADDITIONAL S N.N,.g.C~ PAGES AS N SSAR Signat~/re of contractor/applicant * Person is defined as: "lny individual, firm, co-parmersh~p, joint venture, association, social club. freaternal organization, corporation. ' estate, trust, receiver. ~vndicate. this and at[v other county, city and counto,, ciO' municipality, dtstricL or other po[itical subdivtsion, or RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PRECISE PLAN TO BE KNOWN AS BELLA LAGO AND A TENTATIVE SUBDIVISION MAP, CHULA VISTA TRACT 00-03 TO SUBDIVIDE 180 ACRES EAST OF THE FUTURE 8R-125, NORTH OF PROCTOR VALLEY ROAD INTO 140 RESIDENTIAL LOTS AND 4 OPEN SPACE LOTS. 1. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented in Exhibit "A," copies of which are in the office of the City Clerk, attached hereto and incorporated herein by this reference, and commonly known as Bella Lago, and for the purpose of general description herein consists of approximately 180 acres located east of the future SR-125 freeway, and north of Proctor Valley Road ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, a duly verified application was filed with the City of Chula Vista Planning and Building Department on November 25, 2001, by Bella Lago, LLC ("Developer) requesting approval of a Precise Plan and a Tentative Subdivision Map, Chula Vista Tract 03-03, to subdivide 180 acres into 140 residential single family lots and 4 open space lots ("Project"); and, C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements and agreements, including: Annexation and pre-zoning, both previously approved by City Council Resolution No. 18531 on December 17, 1996 and City Council Ordinance No. 2673 on May 21. 1996 (referred to collectively herein as "Project Prior Entitlements "); and, D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public heating on the Precise Plan and Tentative Subdivision Map on March 12, 2003 and, after heating staffpresentation and public testimony, voted 6-0-0 to recommend that the City Council approve the Bella Lago Precise Plan and Tentative Subdivision Map, Chula Vista Tract 03-03, in accordance with the findings and subject to the conditions listed below; and, E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Precise Plan and Tentative Subdivision Map was held before the City Council of the City of Chula Vista on April 8, 2003 on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, WHEREAS, the City Clerk set the time and place for a hearing on said Precise Plan and Tentative Subdivision Map applications, 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 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. April 8, 2003, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: 11. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at its public hearing on the Project application held on March 12, 2003, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. PREVIOUS FEIR-02-05 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and certified EEIR 02-05 for the Project. IV. COMPLIANCE WITH CEQA The Director of Planning and Building has determined that all impacts associated with the proposed Tentative Subdivision Map and Precise Plan have been addressed by FEIR 02-05, Bella Lago. The Tentative Map and Precise Plan is in substantial conformance with the conceptual tentative map and grading plans on ~vhich the FEIR analysis was based and, therefore, approval and implementation of the Tentative Map does not change the basic conclusions of the FEIR. The FE1R has bean prepared in accordance with requirements of the California Environmental Quality Act, State EIR Guidelines and the Envirorm~ental Review Procedures of the City of Chul~ Vista. V. INDEPENDENT JUDGMENT OF CITY COUNCIL WHEREAS the City Council found that the FE1R 02-05 has been prepared in accordance with the requirements of the California Environmental Quality Act, and the Environ_mental Review Procedures of the City of Chula Vista; and, WHEREAS The City Council found that the Environmental Impact Report reflected the independent judgment of the City Council of the City of Chula Vista and adopted the Environmental Impact Report prepared for the Project. VI. GENERAL PLAN INTERNAL CONSISTENCY The City Council hereby finds and determines that the proposed Precise Plan and the subdivision of 180 acres into 140 single-family lots and 4 open space lots are consistent with the adopted Chula Vista General Plan and other adopted policies VII. PRECISE PLAN FINDINGS/APPROVAL A. THAT SUCH PLAN WILL NOT, UNDER THE CIRCUMSTANCES OF THE PARTICULAR CASE, BE DETERIMENTAL TO THE HEALTH, SAFETY OR GENERAL WELFARE OF PERSONS RESIDiNG OR WORKING iN THE VICINITY, OR iNJURIOUS TO PROPERTY OR iMPOROVEMENTS iN THE VICiNITY. The Precise Plan density and property development standards are consistent with the RE zone district, and have been designed as a continuation of the westerly adjacent residential estate development. Thus, the precise plan complements the existing and future development in the vicinity. Thus, it will not be detrimental to the health, safety or general welfare of the persons residing or working in the vicinity. B. THAT SUCH PLAN SATISFIES THE PRINCIPLE FOR THE APPLICATION OF THE P MODIFYiNG DISTRICT AS SET FORTH IN SECTION 19.56.041. The project meets two of the requirements set forth in Section I9.56.041, which states that the Precise Plan Modifying District may be applied when one or more of the criteria are met. The following criteria have been met: 1. The subject property, or the neighborhood area in which the property is located, is unique by virtue of topography, geological characteristics, access, configuration, traffic circulation or some social or historic situation requiring special handling of the development on a precise plan basis. The site is approximately 180 acres and is proposed as a singular residential land use consistent with the intent of the General Plan. The site contains sensitive resoumes that will be protected through the precise plan to help implement the 3 City's MSCP. The precise plan will include design features that will ensure a quality development in keeping with the intent of the estate area. 2. The basic or underlying zone regulations do not allo~v the property owner and/or the City the appropriate control or flexibility needed to achieve an efficient and proper relationship among the uses allowed in the adjacent zone. The site's PC zone is intended for larger, more varied projects that require multiple phases and years to implement. The proposed R-E zone will better represent the scale of Bella Lago. Implementation of the P-C zone would create an income burden to the property owner and is unnecessary since the R-E zone and the controls inherent in it can implement all of the City's objectives. C. THAT ANY EXCEPTIONS GRANTED WHICH DEV1ATE FROM THE UNDERLYING ZONING REQUIREMENTS SHALL BE WARRANTED ONLY WHEN NECESSARY TO MEET THE PURPOSE AND APPLICATION OF THE P PRECISE PLAN MODIFYING DISTRICT. With the exception of the minimum lot area requirements, which is proposed to be 15,000 sq. ft., Floor Area Ratio, which is proposed to be .50, rear yard setback, which is proposed to 20 feet from the property line, and a special 50-foot setback building setback for lots abutting the perimeter of the project site, the Bella Lago Property Development Standards are consistent with the requirements prescribed in the RE Zone District. The minimum lot size has been reduced from the required 20,000 sq. ft. in the RE Zone District to 15,000 sq. ft in order to compensate for the 86.5 acres of open space that the Developer will dedicate as open space under the MSCP program. However, the Tentative Subdivision Map, Chula Vista Tract 03-03, has been designed with 75% of the lots at a 20, 000 square foot minimum and 25% at a 15,000 square foot minimum. This lot size distribution is allowed in the RE Zone District. Additionally, the maximum Floor Area Ratio has been increased from .45 to .50 and the rear yard setbacks reduced from 25 feet to 20 feet to further compensate for the 86.5 acres of open space that thc Developer will be dedicated under the MSCP. In order to protect the development from potential fires coming from the open space surrounding the entire property, the Precise Plan includes a 50-foot Fuel Buffer zone along the entire perimeter of the property. This buffer setback is unique to the Bella Lago Project and not required in the RE zone District. D. THAT APPROVAL OF THIS PLAN WILL CONFORM TO THE GENERAL 4 PLAN AND THE ADOPTED POLICIES OF THE CITY. The Precise Plan is consistent with the approved plans and regulations applicable to surrounding areas. The proposed precise plan is consistent with the Chula Vista General Plan. VIII. ADOPTION OF PRECISE PLAN In light of the findings described herein, the Belle Lago Precise Plan, in the form attached hereto as Exhibit "B" and incorporated herein, is hereby approved contingent upon Ordinance No. being adopted and entering into effect, and subject to the following conditions of approval: IX. PRECISE PLAN CONDITIONS OF APPROVAL 1. Prior to approval of the first Final Map for the Project, revise the Belle Lago Precise Plan, "P" Modifying District Regulations, Bella Lago Fuel Modification Zone Plan, 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) 2. Prior to approval of the initial final map, submit to the Planning and Building Department 20 copies of the adopted Precise Plan and FEIR, CEQA Findings, and Mitigation Monitoring Program in plastic 3-ring binders. Specific document format, table of contents binder size, rover and titles shall be as determined by the Director of Planning and Building. (Planning and BuiMing) 3. Include the maintenance responsibility of the City's Greenbelt system in the Project's Homeowner's Association. (Planning and Building) 4. The Developer shall comply with the take pemfit/authorization from the U.S. Fish and Wildlife Service and California Department of Fish and Game, or comply with the approved City of Chula Vista MSCP Subarea Plan whichever is applicable to the Project. (Planning and Building) 5. Prior to the construction of SR-125, the City shall stop issuing new building permits for Belle Lago when the City, in its sole discretion, determines either: a. Building permits for a total of 9,429 dwelling units have been issued for projects east ofi-805, or b. An alternative measure is selected by the City in accordance with the City of Chula Vista Growth Management Ordinance. 5 The start date for counting the 9,429 dwelling units is January 1,2000. Notwithstanding the foregoing, the City may issue building permits if the City Council decides in its sole discretion that either: the circulation system has additional capacity without exceeding the GMOC traffic threshold standards based upon traffic studies approved by the City Engineer; other improvements are constructed which provide additional necessary capacity; or the City selects an alternative method of implementing the GMOC standards. (Engineering) X TENTATIVE MAP FINDINGS/APPROVAL 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 Bella Lago, Chula Vista Tract No. 03-03, is in conformance with the elements of the City's General Plan, based on the following: Land Use The Eastern Territories Plamfing Area identifies the area as Low Residential (0-3 du/ac). The Project Site has a development potential of 540 dwelling units at a density of 3 du/ac. The proposed tentative map requests 140 dwelling units at a density of.78 dwelling units per acre. Therefore, the Project is m substantial compliance with the land use and permitted density of the Eastern Territories Planning Area. The Project proposes single-family development with lots sizes averaging 23,413 square feet on a site that is adjacent to the Rolling Hills Ranch development on the west. Rolling Hills Ranch proposes similar estate sized lots and incorporates the same variety of lot sizes and density ranges as Bella Lago, and therefore the project is compatible with the adjacent land uses in the surrounding area. Circulation In accordance with the Bella Lago Precise Plan, the Developer will construct ail on-site streets required to serve the subdivision. The streets within thc Project will be sized 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. Housing The Bella Lago subdivision provides a mix of lot sizes for single-family residences. Prior to recordation of any final subdivision map for Bella Lago, the Developer will enter into an Affordable Housing Agree~nent. The Agreement will set forth the method of determination of the in-lieu contribution, schedule for payment, and the value of the 6 total in-lieu contribution, or the acquisition of excess affordable housing units from surrounding master planned communities, subject to approval of the Community Development Director. Conservation The Environmental lmpact Report FEIR 02-05 addresses the goals and policies of the Conservation Element of the General Plan and found the development of this site to be consistent with these goals and policies. Parks and Recreation, Open Space In fulfillment of its obligation to provide 3 acres of parkland per 1,000 population, the projected population for the new subdivision is 457 residents and therefore the park dedication requirements are 1.48 acres. The Developer will pay in-lieu fees for both parkland dedication and park development. Additionally, approximately 86.5 acres of the project site will be placed into dedicated open space and 2.5 acres off-site as part of the City's MSCP Subarea Plan. Seismic Safety The proposed subdivision is in confom~ance with the goals and policies of the Seismic Element of the General Plan for this site 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. Noise The proposed subdivision is in conformance with the goals and policies of the Noise Element of the General Plan for this site. No noise mitigation is proposed. Scenic Highway The project site is not located adjacent to a designated scenic highway. Bicycle Routes Although no designated regional off-street bicycle routes are included as components of the internal circulation network of Bella Lago, bicyclists will be readily able to share the internal streets with motor vehicles due to low traffic volumes and the limited speeds allowed. 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 of the residents of the City and the available fiscal and environmental resources. C. The configuration, orientation and topography of the site partially allow 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 because adequate level building sites can be provided without impacting sensitive biological resources. The Project design is consistent with the requirements of the General Plan Land Use Element and the Project conforms to ail standards established by the City for such project. Additionally, the site is physically suited for the proposed density of development because all necessary public services are available to the Project or will be available commensurate with need. The conditions herein imposed on the grant of permit or other entitlement herein contained are approximately proportional both in nature and extend to the impact created by the proposed development. BE IT FURTHER RESOSLVED that in light of the findings above, the City Council does hereby approve the Tentative Subdivision Map, Chula Vista Tract 03-03 contingent upon Ordinance # being adopted and entering into effect, and subject to the general and specific conditions set forth below. XI TENTATIVE MAP CONDITIONS OF APPROVAL Prior to approval of the first Final Map for the Project, unless otherwise indicated, the Developer, or their successors in interest shall: GENERAL/PRELIMiNARY Should conflicting wording or standards occur within these conditions of approval, the City Manager or designee shall resolve any conflict. The approvaI of the foregoing Tentative Subdivision Map, which is stated to be conditioned on "General Conditions", is hereby conditioned as follows: A. Project Site is Improved with Project The Developer, or its successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract 03-03 and FEIR 02-05, except as modified by this Resolution. B. Implement Mitigation Measures The Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Environmental Impact Report, Bella Lago, FEIR 02-05, the candidate CEQA Findings and Mitigation Monitoring and Reporting Program for the Project. 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 ~vith the FE1R. 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 Precise Plan The Developer shall diligently implement, or cause the implementation of the Precise Plan. The Developer shall install public facilities in accordance with Bella Lago Precise Plan, as may be amended from time to time or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence, schedule, alignment and design of improvement construction should conditions change to warrant such a revision. D. Contingency of Project Approval Approval of the Tentative Map is contingent upon adoption of the Bella Lago Precise Plan (PCM 02-12) and Rezone Ordinance (PCZ01-04). SPECIAL CONDITIONS OF APPROVAL 1. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's satisfaction prior to approval of the first Final Map for the Project. 2. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the term "Developer" shall also mean "Applicant". (Planning and Building) 3. The Developer shall comply with all requirements and guidelines of the City o f Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual, Chula Vista Design Plan, Subdivision Manual, Municipal Permit Order #2001-01, Affordable Housing Program, Bella Lago Precise Plan, Bella Lago Property Development Standards and FEIR 02-05; all as may be amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. (Planning and Building) 9 4. Ifany o f the terms, covenants or conditions contained herein shall fail to occur or ifthey are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. (Planning and Building) 5. In the event of a filing of a Final Map for the Project which requires over sizing of the improvements necessary to serve other properties, said Final Map shall be required to install all necessary improvements to serve the Project plus the necessary over sizing of facilities required to serve such other properties as determined by City Engineer (in accordance with the restrictions of state law and City ordinances). (Engineering) STREETS and RIGHT OF WAYS 6. Concurrent with approval of each Final Map for the Project, the Developer shall submit Improvement Plans for the applicable neighborhood for review and approval by the City Engineer, Director Building and Park Construction and the Director of Planning and Building. Applicant shall secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the construction and/or construct full street improvements for all on- site and off-site streets as identified on the Tentative Map, and as may be amended from time to time and as deemed necessary to provide service to the subject subdivision. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, traffic signals, signs, landscaping, irrigation, fencing, fire hydrants and street light locations, subject to the approval of the City Engineer. (Engineering) 7. Prior to the issuance of each street construction permit for the Project, the Developer shall prepare and secure, to the satisfaction of the City Engineer and the Director Building & Park Construction, for parkway and median landscape and irrigation plans. All plans shall be prepared in accordance with the cra'rent Chula Vista Landscape Manual and the Bella Lago Precise Plan, as may be amended from time to time. Applicant shall install ail improvements in accordance with approved plans to the satisfaction of the Director Building & Park Construction and the City Engineer. (Building & Park Construction, Engineering) 8. Prior to the approval of the first Final Map for the Project, the Developer shall construct or enter into an agreement to construct and secure all street improvements as required by City Engineer, for each particular development phase, as may be amended from time to 10 time. The Developer shall construct the improvements and provide security satisfactory to the City Engineer and City Attorney. (Engineering) 9. Prior to approval of each Final Map, the Developer shall 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) 10. Developer shall, 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) 11. Developer shall 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 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 shalI pay all costs, both direct and indirect, incurred in said acquisition. e. Items a, b, and c above shall be accomplished prior to the approval of the applicable final map. (Engineering) 12. The Developer shall grant on the applicable Final Maps sight visibility easements to the City of Chula Vista for corner 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 satist:action of the City Engineer. (Engineering) 13. 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) 14. Developer shall construct or enter into an agreement to construct and secure, in accordance with Section '18. ~i 6.220 of the Municipal Code, the required street improvements as shown in Table '1: Table 1 11 FACILITY TIMING Off Site Streets 1. Off Site Streets Southerly Access: Obtain right of way, secure and agree to construct all streets and necessary drainage / water quality improvements as determined by the City Engineer prior to the first Final Map for the Project from the existing paved portion of Proctor Valley Road to Project's southerly access point as shown on Tentative Map 92-02, as amended, including: Proctor Valley Road easterly from existing to Agua Vista Dr. Agua Vista Dr., Proctor Valley Road to Rancho Estate Place. Rancho Estate Place, Agua Vista Dr. to westerly Project boundary. 2. Northerly Access: Obtain right of way, secure and agree to construct all streets and necessary drainage / water quality improvements as determined by the City Engineer prior to the first Final Map for the Prqject containing the 69th dwelling unit, from the existing portion of Proctor Valley Road to both Project access points as shown on Tentative Map 92-02, as amended, including: Proctor Valley Road easterly from existing to Agua Vista Dr. Agua Vista Dr., Proctor Valley Road to Ranch Lakes Way (northerly access point). Ranch Lakes Way, Agua Vista Dr. to Westerly Project boundary. Rancho Estate Place (southerly access point), Agua Vista Dr. to westerly project boundary. 15. Street cross sections shall confom~ to the cross sections shown on the tentative map, unless otherwise conditioned or approved herein. All other design criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein. (Engineering) 16. The Developer shall submit to and obtain approval by the City Engineer of striping plans for all col lector or higher classification streets simultaneously with the associated improvement plans. (Engineering) 17. The Developer shall construct a temporary turnaround or street improvements, upon the request of and as determined necessary by the City Engineer and Fire Marshal, at the end of temporarily stubbed streets greater than 150 ft. in length (as measured from the nearest street centerline intersection). (Engineering) 18. The Developer shall design all vertical m~d horizontal curves and intersection sight distances 12 to conform to the Caltrans Highway Design Manual. All streets, which intersect other streets at or near horizontal or vertical curves, must meet intersection design sight distance requirements in accordance with City standards. Sight visibility easements shall be granted as necessary to comply with the requirements in the Caltrans Highway Design Manual and City of Chula Vista policies, where a conflict exists, the City of Chula Vista policies shall prevail. Lighted SAG vertical curves may be permitted, with the approval of the City Engineer, at intersections per AASHTO standards. (Engineering) 19. Prior to approval of each Final Map, the Engineer-of-Work shall submit and obtain approval by the City Engineer a waiver request for all subdivision design items not specifically waived on the Tentative Map, and not conforming to the adopted City standards. The Engineer-of- work request shall outline the requested subdivision design deviations from 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's sole discretion. (Engineering) 20. The Developer shall construct sidewalks and construct pedestrian ramps on all walk~vays to meet "Americans with Disabilities Act" standards and subject to approval of the City Engineer. In the event the Federal Government adopts ADA standards for street rights-of- way, which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. (Engineering) 21. The Developer shall not install privately owned water, or other utilities crossing any public street. The installation of sleeves for future construction of privately owned facilities may be allowed subject to the review and approval of the City Engineer if the following is accomplished: a. The Developer enters into an agreement with the City where the Developer agrees to the following: i. Apply for an encroachment permit for installation of the private facilities ~vithin the public right-of-way; and, ii. Maintain membership in an advance notice such as the USA Dig Alert Service; and, iii. Mark out any private facilities owned by the Developer whenever work is performed in the area; and, iv. The terms of this agreement shall be binding upon the successors and assigns of the Developer. 13 b. Shutoffdevices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. (Engineering) 22. Street names shall be as on the approved tentative map, or as otherwise approved by the Director of Planning and Building and City Engineer. (Planning, Engineering) 23. Prior to approval of each Final Map, the Developer shall agree to install permanent street name signs, and shall install such signs prior to the issuance of the first building permit for the applicable final map. (Engineering) 24. The Developer shall construct and secure the installation of one permanent traffic count station, subject to the approval of the City Engineer. (Engineering) 25. Provide security in accordance with Chapter 18.16 of the Chula Vista Municipal Code, dedicate, and construct full street improvements for all 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 Street Standards, Chula Vista Subdivision Manual, and approved Tentative Map, unless otherwise approved by the City Engineer. Said street improvements shall include, but not be limited to, asphalt concrete pavement, base, curb, gutter and sidewalk, sewer, water treatment facilities, water quality force mains and pumps, drainage facilities, street lights, traffic signals, signs, striping, fire hydrants and transitions to existing improvements in the manner required by the City Engineer. The amount of the security for required improvements, including landscape and irrigation plans, shall be 110% times a construction cost estimate approved by the City Engineer and the Director Building & Park Construction if related plans have been approved by the City, 150% times the approved cost estimate if related plans are being processed by the City or 200% times the construction cost estimate approved by the City Engineer and the Director Building & Park Construction if related plans have not been submitted for City review. A lesser percentage may be required if it is demonstrated to the satislS~ction of the City Engineer and the Director Building & Park Construction that sufficient data or other information is available to warrant such reduction. (Engineering) DRAINAGE 26. Prior to the first Final Map for the Project, the Developer shall create or enter into an agreement to create a funding mechanism acceptable to the City for the perpetual monitoring of down stream erosion and siltation which shall be performed on an annual basis and further to perform repairs as required by the City Engineer. (Engineering) 27. Prior to the first Final Map for the Project, the Developer shall update the Urban Runoff Management Plan dated September 5, 2002 when modified or modifications are proposed to it, obtain the City of San Diego Water Utilities Department concurrence with the Urban Runoff Management Plan dated September 5, 2002 ,and as may be amended from time to time with the 14 final decision at the discretion of the City of Chula Vista, and provide letters from resoume agencies authorizing any diversion of first flush flows into Salt Creek. (Engineering) 28. The Developer shall 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 of the City Engineer. (Engineering) 29. The Developer shall construct energy dissipaters at all storm drain outlets as required by the City Engineer to maintain non-erosive flow velocities. (Engineering) 30. The Developer shall prior to approval of any grading plans; submit hydrology and hydraulic studies, and calculations demonstrating the adequacy of downstream drainage structures, pipes and inlets. (Engineering) 31. All subsurface detention shall be constructed of concrete pipe or as approved by the City Engineer. (Engineering) 32. All private storm drains from the Project shall connect into the public storm drain system at a structure such as a cleanout or catch basin. (Engineering) 33. Prior to issuance of a grading permit for any area of the Project (including off-site areas) draining toxvard the Upper or Lower Otay Reservoirs, Developer shall accomplish the following: a. Obtain the approval of the City of Chula 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 anyproposed structural drainage runoff detention and/or diversion facilities within the Otay Lakes Watershed. (Engineering) 34. Prior to approval of the first grading permit for the Project (including off-site areas) draining towards the Upper or Lower Otay Lake Reservoirs, the Developer shalI 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 from 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 and Building. (Engineering, Planning and Building) 35. 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, whichever occurs earlier, Developer shall accomplish the following: i5 a. Prepare a maintenance program of all the proposed drainage and water quality treatment facilities, 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 maintenaime 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 Building and Park Construction. 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 xvith the City of Chula Vista and the applicable resource agencies wherein the Developer agrees to implement the maintenance program. c. Enter into an agreement with the City of Chula Vista, wherein Developer agrees to the following: i. Provide for the maintenance of all proposed drainage and water quality treatment facilities, including, but not limited to, any naturalized drainage channel, wetlands restoration areas as allowed by the resource agencies, detention basins, and water quality treatment facilities until the latter to occur of maintenance of such facilities is assumed by an open space district or HOA. ii. Developer shall provide security, satisfactory to the City Engineer, guaranteeing the performance of the aforementioned maintenance obligations. (Engineering) 36. Prior to approval of the first Final Map for the Project or issuance of the first grading permit for the Project, Developer shall enter into an agreement with the City of Chula Vista, wherein Developer agrees to the following: a. Provide for the removal of siltation attributable to the Project for ail proposed drainage and water quality treatment facilities, including, but not limited to naturalized drainage channels, wetlands restoration areas as allowed by the resource agencies, detention basins, water quality treatment facilities and any future facility constructed by the Project, b. Provide for the removal of siltation for all proposed drainage and water quality treatment facilities, including, but not limited to naturalized drainage channels, wetlands restoration areas as allowed by the resource agencies, detention basins, subsurface detention basins and water quality treatment facilities, attributable to the Project, for a minimum period of 5 years after maintenance of such facility is accepted by an Open Space District or HOA. c. Developer shall provide security, satisfactory to the City Engineer, guaranteeing the performance of the aforementioned siltation removal obligations. (Engineering) 16 37. Prior to the approval of the first Final Map for the Project, 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 o f 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. The Developer's indemnification shall include any and ali costs, expenses, attorney's fees and liability incurred by the City. c. To not protest the fom~ation 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) 38. The Developer shall create an emergency overflow from lot 142 such that no emergency overflows are routed between residential lots or as otherwise approved by the City Engineer. (Engineering) 39. The Developer shall install a water quality pump and monitoring station, to be maintained and monitored by the HOA including an off-site tome main, telemetry, and emergency power to divert and monitor the first flush in a manner acceptable to the City Engineer. (Engineering) 40. The quantity of runoff from the development shall be reduced to an amount equal to or less than the pre-development 5-, 10-, 25-, 50- and 100-year frequency storm. Retention/detention facilities and water quality basins will be constructed to the satisfaction of the City Engineer to reduce the quantity of runoff to an amount equal to or less than the pre-development flows. Said retention/detention facilities and water quality basins shall be designed per the City's subdivision manual, constructed by the Developer and maintained by the HOA, or other mechanism as subject to approval of the City. The Developer shall also process and obtain any Resource or like Agencies permits for said facilities. (Engineering) 17 41. Stom~ drain systems that collect water from private property shall be designated private on grading and drainage and/or improvement plans to the point of connection with a public system. A grant of easements and encroachment agreement in a form acceptable to the City Attomey shall be required for all private drainage improvements within the public right of way or within C.F.D. maintained Open Space lots. (Engineering) 42. The Developer shall submit with grading and drainage and/or improvement plans, as applicable, hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. (Engineering) 43. Storm drain design shall confom~ to the requirements of the Subdivision Manual and the Grading Ordinance as may be amended from time to time. Any modification to the storm drain plans will require an updated Urban RunoffManagement Plan to address said modification as required by the City Engineer. (E~gineering) 44. Should the Developer propose and the City approve a public storm drain system, the Developer shall provide improved all-weather access with H-20 loading to all public storm drain clean- outs or as otherwise approved by the City Engineer. Additionally, the Developer shall provide a minimum of 6-inch thick PCC (reinforced with #4 BAR at 18" on center each way) designed for H-20 loading and heavy broom finish for those access road to retention/detention basins with grades of 10% or greater. All other 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 of6-inch PCC (reinforced xvith #4 bar at 18" on center each way) designed for H-20 loading with a heavy broom finish. (Engineering) 45. The Developer shall grant on the appropriate Final Map, a 15 feet minimum drainage and access easement for public stom~ drain lines located between residential units unless otherwise directed by the City Engineer. All other public easements shall meet City standards for required width. (Engineering) 46. Storm drain clean outs shall not be located on slopes or in inaccessible areas for maintenance equipment. Public storm drains shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. (Engineering) 47. Brow ditches that cross over slopes greater than 10 feet in height and steeper than 3:1 gradient shall not be allowed. Drainage shall be collected in an inlet and carried via underground storn~ drain to the bottom of the slope or a drain inlet connected to an underground storm drain. The Developer shall ensure that brow channels and ditches emanating from and/or rtmning through City Open Space are not routed through private property. Brow ditches and channels from private property shall not be routed through City open space unless otherwise approved by the City Engineer. (Engi~eering? 18 48. Detention basins shall be designed such the maximum detention period does not exceed 72 hrs. (Engineering) 49. Dry weather post-developed conditions shall be the same as pre-developed conditions. (Engineering) 50. Prior to approval of the first Final Map for the Project, the Developer shall demonstrate that first flush flows will be diverted to detention/infiltration basins and treated prior to their discharge to existing drainage courses in accordance with the Urban Runoff Management Plan dated September 5, 2002, and as may be amended from time to time. (Engineering) 51. Prior to the recordation of the first Final Map for the Project, the Developer shall develop a post construction water quality maintenance and monitoring plan acceptable to the City Engineer identifying thresholds for all pollutants, the frequency of monitoring, standards for record keeping, procedures and frequency of maintenance and funding sources to implement the plan. (Engineering) 52. The developer shall design the storm drains and other drainage facilities to include BMP's to minimize non-point source pollution, satisfactory to the City Engineer and shall seek the concurrence of the City of San Diego Water Utilities Director. However, the City Engineer shall make the final decision regarding such design. a. 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 fimding mechanisms for post construction control measures. b. The developer shall comply with all the provisions ofthe NPDES Permit 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 incorporate in the project design water quality and watershed protection principal and post construction Best Management Practices (BMPs) selected for the project, in compliance with the NPDES Permit, to the satisfaction of the City Engineer. 19 c. Prior to Final Map approval for the project, the Developer shall enter into an agreement with the City where Developer agrees not to 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. d. Prior to Final Map approval, building permits, or at such time as required by the City Engineer for the Project, the Developer shall submit and obtain approval from the City Engineer ora maintenance program for the proposed post-construction BMP's. The maintenance program shall include, but not be limited to: 1) a manual describing the maintenance activities of said facilities, 2) an estimate of the cost of such maintenance schedule and activities, and 3) a funding mechanism for financing the maintenance program. In addition, the Developer shall enter into a Maintenance Agreement with the City to ensure the maintenance and operation of said facilities. e. Prior to approval of any grading, construction, and building permits for the project, the Developer shall demonstrate to the satisfaction of the City Engineer compliance with all of the applicable provisions of the municipal code, the City of Chula Vista Storm water Management Standards Requirement Manual (including the Regional Water Quality Control Board Municipal Permit 2001-01 ) and the City of Chula Vista SUSMP. The Developer shall incorporate into the project planning and design effective post-construction BMP's and provide all necessary studies and reports demonstrating compliance with the applicable regulations and standards. BMP's shall be identified and implemented that specifically prevent pollution of storm drain systems to the Maximum Extent Practicable (MEP) from certain project feature, land use, areas and activities. f. The Developer shall incorporate in the project design water quality and watershed protection principal and all post construction Best Management Practices (BMPs) selected for the Project, in compliance with the NPDES Pernfit. g. Indemnify, and hold harmless the City, it selected and appointed officers and cmployees, 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. The Developer's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. 2O h. 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. GRADiNG 53. Prior to issuance of any grading permit based on plans proposing the creation of down slopes adjacent to public or private streets, Developer shall obtain the City Engineer's approval of a study to detemfine the necessity of providing guardrail improvements at those locations. The Developer shall construct and secure any required guardrail improvements in conjunction with the associated grading and/or construction permit as determined by and to the satisfaction of the City Engineer. The guardrail shall be installed per Caltrans Traffic Manual and Roadside Design Guide requirements to the satisfaction of the City Engineer. (Engineering) 54. Prior to issuance of each Grading Permit for the Project, the Developer shall obtain City of San Diego Water Utility concurrence on all grading and improvement plans within the Otay Lake Drainage Basin, with the final decision at the discretion of the City of Chula Vista. (Engineering) 55. Prior to the issuance of any grading permit which impacts off-site property, the Developer shall deliver to the City, a notarized letter of permission to grade and drain for all off-site grading. (Engineering) 56. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on the approved tentative map or as other~vise subject to approval of the City Engineer and Director of Planning and Building. (Engineering) 57. The Developer shall submit to and obtain approval from the City Engineer and Director of Building and Park Construction for an erosion and sedimentation control plan as part of grading plans. (Engineering, Building and Park Construction) 58. Iodicate on all affected grading plans that all walls, which are to be maintained by open space districts, shall be constructed entirely within open space lots dedicated to the City. (Engineering) 59. Prior to issuance of each grading permit, provide a study showing that the proposed quantities of earthwork will balance for each phase. This study shall incorporate the most recent Project design information for said phase. (Engineering) 21 60. Prior to approval of each grading plan, submit a detailed hydraulic study analyzing the erosion potential of the off-site canyons downstream of the Project. Said study shall make recommendations satisfactory to the City Engineer to lower the velocities of the 5-, I 0-, 25-, 50-, and 100 year flows such that the flow velocities will not permit excessive erosion to the canyon given the soil type and proposed recommendations. (Engineering) 61. Locate lot lines at the top of slopes except as shown on the Tentative Map or as subject to approval of the City Engineer and Director of Building and Park Construction. 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, Building and Parks Construction) 62. Provide a setback, as determined by the City Engineer based, on Developer's Soils 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 property owned by others. The City Engineer will not approve the creation of any lot that does not meet the required setback. (Engineering) 63. Design and construct the inclination of each cut or fills surface resulting in a slope no steeper than 2:1 (two horizontal to one vertical) except for minor slopes as herein defined. All constructed minor slopes shall be designed for proper stability considering both geological and soil properties. A minor slope may be constructed no steeper than one and one-half horizontal to one vertical (1.5:1) contingent upon: a. Submission of reports by both a soils engineer and a certified engineering geologist containing the results of surface and subsurface exploration and analysis. These results should be sufficient for the soils engineer and engineering geologist to certify that in their professional opinion, the underlying bedrock and soil supporting the slope have strength characteristics sufficient to provide a stable slope and will not pose a danger to persons of property; and, b. The installatioo of an approved special slope planting program and irrigation system; and, 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) 64. The Developer shall construct temporary de-silting 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) 65. Prior to the issuance of a grading permit for an area containing a deep-storm drain, the 22 Developer shall submit manufacturer specifications for deep storm drain (20'+) and obtain the approval of the City. (Engineering) 66. The Developer shall obtain approval from all applicable permitting agencies, including but not limited to FEMA, prior to any work within each of the agencies jurisdiction. All mitigation requirements will be the responsibility of the Developer. (Engineering) 67. The Developer will submit a drainage study to the satisfaction of the City Engineer for each grading permit showing that the interim conditions do not adversely impact downstream flows. (Engineering) 68. Prior to the approval of the first grading permit, the applicant shall submit a construction noise mitigation plan for the review and approval of the Director of Planning and Building, that incorporates seasonal avoidance, alternative equipment or temporary barriers on a habitat-specific basis to achieve a less than significant impact during the nesting/breeding season. (Planning and BuiMing) SEWER 69. Prior to approval of the first Final Map for the Project, the Developer shall enter into a three party agreement with the City, and the Developer of Rolling Hills Ranch for assuring capacity in the Rolling Hills Ranch Sub-area III lift station, force main, and gravity facilities ("Sewer Improvements"). If the Rolling Hills Ranch project has not constructed the Sewer Improvements prior to the Project's first Final Map, the Sewer Improvements will be considered off-site improvements necessary to serve the Project. (Engineering) 70. Should the Salt Creek Sewer Main Interceptor up to Olympic Parkway Pump Station not be constructed and accepted by the City prior to the approval of the first Final Map for the Project, the Developer shall enter into a three party agreement with the City of Chula Vista and the Eastlake Company to acquire capacity rights at the Otay Lakes Road Pump Station and the Olympic Park~vay Pump Station. (Engineering) 71. Prior to approvai of the first Final Map for the Project, the Developer shall demonstrate to the City Engineer that there is adequate capacity to handle projected sewage flows for the entire Project. (Engineering) 72. The Developer shall construct or enter into an agreement to construct and secure, in accordance with Section 18.16.220 of the Municipal Code, all off-site and on-site sewer facilities identified in the sewer study prepared by Wilson Engineering dated May 16, 2002, and as required by the City Engineer to serve the Project. Additionally, the 23 Developer shall indemnify the City for any sewer spills from the Project into the Otay Lakes Basin arising out of the design or construction of the sewer facilities. (Engineering) 73. Sewer access points shall, unless otherwise approved by the City Engineer: a. Be located at the centerline of streets or cul-de-sacs; and, b. Not be located on slopes or in inaccessible areas of maintenance equipment; and, c. Not be in the wheel tracks on Class 1 Collector Streets and above; mid, d. Meet Regional Standard Drawing M-4 (Locking) if located within intersections of Class I Collectors and above; and, e. Have improved all-weather paved 12-foot wide minimum access to withstand a H-20 vehicle load or as otherwise approved by the City Engineer; and, f. is provided at all changes ofalignment of grade. (Engineering) 74. Sewers serving 10 or fewer equivalent dwelling units shall have a minimum grade of 1%. Sewer lines shall be installed as close to perpendicular to the slope contours as possible but in no ease greater than 15 degrees from perpendicular to the contours. (Engineering) 75. Prior to approval of any Final Map or any other grant of approval for any improvement proposing to pump sewage flows, the Developer shall accomplish the following: a. Comply with all the requirements of Council Policy No. 570-03 ("Sewage Pump Station Financing Policy). 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 accomplish the following: i. Construction or upgrading of existing pump station improvements and associated Facilities including 8 hours of average flow emergency overflow storage, telemetry, permanent ground water dewatering near the wet well, emergency power, odor control, and dual force mains, to the satisfaction of the City Engineer to pump sewage flows to a gravity flow basin. ii. Indemnify the City for sewer spills into Upper Otay Reservoir arising out of the design or construction of the sewer facilities. iii. 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. 24 iv. The amount of the security for the above noted improvements shall be 110% of the construction cost estimate subject to approval of the City Engineer if improvement plans have been subject to approval of the City, 150% of the approved cost estimate if improvement plans are being processed by the City or 200% of the construction cost estimate subject to approval of 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. c. Provide funding for the preparation of all the studies and reports required to support the addition of pumped sewage to gravity flow system, as determined by the City Engineer. (Engineering) 76. Prior to approval of the first Final Map for the Project or any other grant of approval for any improvements proposing to pump sewage flows, the Developer shall accomplish the following: a. Provide the necessary funding, in the amount determined by the City Engineer, for updating a 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 subject to approval of Council. b. Provide the necessary funding for implementing a sewer trunk-monitoring program, as determined by the City Engineer. (Engineering) 77. The Developer shall provide a sewer profile study for all deep sewer lines (15' in depth or greater), which indicates that no other feasible alternative exists. (Engineering) 78. All sewer maintenance access roads shall be improved with all-weather access with H-20 loading to all clean-outs or as otherwise approved by the City Engineer. Additionally, the Developer shall provide a minimum of 6-inch thick PCC (reinforced with #4 BAR at 18" on center each way) designed for H-20 loading and heavy broom finish for those access road to clean-outs with grades of 10% or greater. All other access roads must be asphalt concrete designed to carry H-20 loading. (Engineering) 79. Se,ver main pipes shall not run parallel and under slopes greater than 5:1 unless otherwise approved by City Engineer. (Engineering) 80. Sewer lines, which are greater than 20 feet in depth, shall use C-900 or C-905 class pipe or as otherxvise approved by the City Engineer. (Engineering) 81. The Developer shall construct at its own cost and expense all off-site and on-site sewer t~acilities as required by the City Engineer to serve the Project. (Engineering) WATER 25 82. The Developer shall secure and agree with the Otay Water District to construct all potable water facilities (on and oft-site) required for the 1296 pressure system prior to the first Final Map for the Project containing a lot served by the 1296 pressure system, including: a. A Hydro-pneumatic pump station meeting City of Chula Vista Fire flow requirements. b. A Looped 980-pressure system providing the hydro-pneumatic pump with more than one source of 980 zone flows. (Engineering) 83. The Developer shall provide to the City a letter from Otay Municipal Water District indicating that the assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the parcel(s). (Engineering) 84. Prior to approval of each Final Map, present verification to the City Engineer in the form ora letter from 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 and Building) 85. The Developer shall grant all necessary easements required to serve the Project and adjacent lands with water. (Otay Water, Engineering, Planning and Building) EASEMENTS 86. Prior to approval of the applicable Final Map, enter into a maintenance agreement and grant easements as necessary for landscaping and improvements maintained by a Homeowners Association within City right-of-way or such other public areas required by the City. (Engineering) 87. The Developer shall process a joint use agreement for roads crossing other agencies existing easements that is acceptable to the City and the other agencies prior to the issuance of the grading permit for that road. (Engineering) 88. The Developer shall indicate on all appropriate Final Maps a reservation of easements to the future Homeowners Association for private storm drain, if any, within open space Iots as directed by the City Engineer. Obtain, prior to approval of each Final Map, all off-site right- of-way necessary for the installation of the required improvements. The Developer shall also provide easements for all on-site and oft-site public drainage facilities, sewers, maintenance roads, and any other public facilities necessary to provide service to the Project. (Engineering) 89. The Developer shall grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any Final Map that proposes private utilities or drainage facilities crossing 26 property lines as directed by the City Engineer. (Engineering) 90. Where a private storm drain easement will parallel a public sewer easement, the easements shall be delineated separately on the Final Map and on the grading and improvement plans. If any portion of the easements will overlap one another, the City shall have a superior fight to the common portion of the easements. (Engineering) Prior to the approval of each Final Map, the City Engineer 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) 91. The Developer shall 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) 92. The Developer shall provide easements for all off-site public storm drains and sewer facilities prior to approval of each Final Map requiring those facilities. The easements shall be sized as required by the City of Chula Vista Standards, unless otherwise approved by the City Engineer. (Engineering) 93. The Developer shall 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 mect City standards for required width. (Engineering) AGREEMENTS/FINANCIAL 94. Prior to approval of the first Final Map for the Project, the Developer shall enter in an agreement with the City to provide affordable housing units as specified in the adopted Bella Lago Precise Plan. (Community DevelopmenO 95. Prior to the construction of SR-125, the City shall stop issuing new building permits for Bella Lago when the City, in its sole discretion, determines either: c. Building permits for a total of 9,429 dwelling units have been issued for projects east of 1-805, or d. An alternative measure is selected by the City in accordance with the City of Chula Vista Growth Management Ordinance. The start date for counting the 9,429 dwelling units is January 1, 2000. Notwithstanding the foregoing, the City may issue building pem~its if the City Council decides in its sole discretion that either: the circulation system has additional capacity without exceeding the GMOC traffic threshold standards based upon traffic studies approved by the City Engineer; other 27 improvements are constructed which provide additional necessary capacity; or the City selects an alternative method of implementing the GMOC standards. (Engineering) 96. The Developer shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's lees, arising from challenges to the Environmental Impact Report and subsequent environmental review for the Project and any or ali entitlements and approvals issued by the City in connection with the Project. (Planning and Building) 97. Any and all agreements that the Developer is required to enter into hereunder shall be in a form subject to approval of the City Attorney. (City Attorney) 98. The Developer shall 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 the regional development threshold limits set by the Chula Vista Transportation Phasing Plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program, as may be amended from time to time. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the 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. b. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. To ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Developer agrees that the City of Chula Vista may grant access to cable companies franchised by the City of Chula Vista to place conduit within the City's easement situated within the Project. Developer shall restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all other rules, regulations, ordinances and 28 procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. 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. e. Hold the City ham~less from any liability for erosion, siltation or increase flow of drainage resulting from this Project. (Engineering) 99. The Developer shall enter into an supplemental agreement with the City prior to approval of the first Final Map for the Project, where the Developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. (Engineering) 100. Prior to approval of each Final Map, the Developer shall agree to contract with the City's current street sweeping franchisee, or other server approved by the City Engineer to provide public street sweeping, if any, for each phase of development on a frequency and level of service comparable to that provided for similar areas of the City. The Developer shall cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or 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, which memo shall include a map of areas to be swept and the date the sweeping will begin. (Public Works) 101. The Developer shall be required to equitably participate in any future regional impact fee program for regional facilities should the region enact such a fee program to assist in the construction of such facilities. The Developer shall enter into an agreement, prior to approval of the first map, with the City which states that the Developer will not protest the fommtion of any potential future regional benefit assessment district formed to finance regional facilities. (Engineering) 102. The Developer agrees that the maintenance and demolition of ail interim facilities (public facilities, utilities and improvements) is the Developer's responsibility, and that construction and demolition bonds will be required to the satisfaction of the City Engineer. (Engineering) 29 103. Prior to the approval of any Final Map for the Project that contains open space, the Applicant shall enter into an agreement to construct and secure open space landscape improvements within the map area. All landscape improvements shall be secured in amounts as determined by the Director of Building and Park Construction and approved in form by the City Attorney. (Engineering) PHASING 104. Ifthe Developer proposes to modify the Bella Lago Precise Plan approved phasing plan, the Developer shall submit to the City a revised phasing plan for review and approval prior to approval of the first Final Map for the Project. Phasing approved with the precise plan may be amended subject to approval by the Director of Planning and Building and the City Engineer. (Planning and Building, Engineering) HOME OWNER ASSOCIATION (HOA) DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS (CC&R's) 105. All streets, street trees, and drainage facilities within the tentative map boundaries shall be privately maintained in a manner acceptable to the City Engineer. (Engineering) 106. Prior to the approval of the first Final Map for the Project, the Developer shall: a. Submit evidence, acceptable to the City Engineer and the Director of Planning and Building of the formation of a Homeowner's Association (HOA), or another financial mechanism acceptable to the City Manager. The HOA shall be responsible for the maintenance of those landscaping improvements that are not to be included in the proposed financial mechanism. The City Engineer and the Director of Plarming and Building may require that some of those improvements shall be maintained by the Open Space District. The final determination of which improvements are to be included in the Open Space District and those to be maintained by the HOA shall be made during the Open Space District Proceedings. The HOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning and Building require such annexation of future tentative map areas. The HOA formation documents shall be subject to the approval of the City Attorney; and, b. The Developer shall submit for City's approval the CC&R's, grant of easements and maintenance standards and responsibility of the HOA's for the Open Space Areas within the Project area. Developer shall acknowledge that the HOA's maintenance of public open space, trails, etc. may expose the City to liability. Developer agrees to establish a HOA that will hold the City harmless from any actions of the HOA in the maintenance of such areas; and, 30 c. Submit and obtain approval of the City Engineer and the Director of Planning and Building of a list of ali HOA facilities and other items to be maintained by the proposed district. Separate lists shall be submitted for the improvements and facilities to be maintained by the Open Space District and those to be maintained by a Homeowner's Association. lnclude a description, quantity and cost per year for the perpetual maintenance of said improvements. These lists shall include but are not limited to all facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures and landscaping. Each open space lot shall also be broken down by the number of acres off 1 ) turf, 2) irrigated, and 3) non-irrigated open space to aid in the estimation of a maintenance budget thereo£ (Engineering, Planning and BuiMing) 107. Prior to the approval of each Final Map, Declaration or Supplementary Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to the approval of the City Engineer. The CC&R's shall include the following obligations of the Homeowners Association: a. A requirement that the HOA shall maintain comprehensive general liability insurance against liability incident to ownership or use of the following areas: i. All open space lots that shall remain private, ii. Other Association maintained property. b. Before any revisions to provisions of the CC&R's that may particularly affect the City can become effective, said revisions shall be subject to approval of the City. The HOA shall not seek approval from the City of said revisions without the prior consent of 100 percent of the holders of first mortgages or property owners within the HOA. c. The HOA shall indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the HOA. d. The HOA shall not seek to be released by the City from the maintenance obligations described hercin without the prior consent of the City and 100 percent of the holders Of first mortgages or property owners within the HOA. e. The HOA 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, name the City as additionally insured to the satisfaction of the City Attorney, and 31 shall not contain a cross party exclusion clause. f. The CC&R's shall incorporate restrictions for each lot adjoining open space lots containing walls maintained by the open space district to ensure that the property owners know that the walls may not be modified or supplemented nor may they encroach on City property. g. The CC&R's shall include provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. h. The CC&R's shall include provisions assuring HOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. i. The CC&R's shall include provisions that provide the City has the right but not the obligation to enforce the CC&R provisions the 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 HOA 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 holder of first mortgages within the HOA. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall also include language which states that any proposal by the HOA to allow "speed bumps" in the future shall require prior written approval of 100% of all the Homeowners Association members. m. The CC&R's shall contain provisions assuring the implementation of post construction BMP's. n. The CC&R's shall contain a provision that prohibits the use of fertilizer on untreated (BMP's) slopes that flow into the Otay Lakes Basin. (Engineering, Planning and Building) 108. Future property owners shall be notified during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of the HOA and their estimated annual cost. Developer shall submit the document and obtain the approval of the City Engineer and Director of Planning and Building prior to distribution through escrow. (Engineering, Planning and Building) 109. An HOA shall be responsible for the maintenance and operation of all facilities within the common areas and streets behind any gated entrances. The facilities to be maintained 32 include, but are not limited to: pavements, sidewalks, street trees, street lights including power supply, street sweeping, private drainage facilities, landscaping of private common areas, and Omnicom or other access devices required by the City Fire Marshal and Police Department. (Planning and Building, Engineering) 110. An HOA shall be responsible for and include within the Project's CC&R's maintenance and monitoring of ali elements of the Project's Fuel Modification Zone Plan (FMZP) installed pursuant to the Project's FMZP. LANDSCAPING 1 l 1. In addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and indgated to soften their appearance as follows: one 5-gallon or larger size tree per each 1,500 square feet of slope area, one 1-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and approved by the Director of Planning and Building prior to approval of the corresponding final map. (Planning and Building) 112. The Developer shall enter into an agreement to install all street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved by the Director of Plarming and Building. The Developer will maintain street tree identification stakes in location as shown on approved preliminary plans until all dry utilities are in place. The Developer shall provide root control methods per the requirements of the Director of Planning and Building, and provide a deep watering irrigation system for the trees. a. Complete preliminary street improvement plans that show the location of all future street trees, which will be subject to the review and approval of the Director Building & Park Construction and the Director of Planning & Building. b. Place wood stakes on site prior to utility installation according to approved preliminary street tree plans and shall be painted a bright color and labeled as future street tree location. c. Provide the City documentation, acceptable by the Director Building & Park Construction and the Director of Planning and Building, that all utility companies have been given notice that no dry utility line shall be located within five feet of the wood stake in any direction. d. Maintain street tree identification st'al:es in location as shown on approved preliminary plans until all dry utilities are in place. 33 Submit final street tree improvement plans, including mailbox locations, for review and subject to the approval of the Director of Planning and Building and the City Engineer prior to or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of thc selection of street trees for the street parkways. (Engineering, Planning, Building and Park Construction) 113. Residential street parkways shall be no less than 7.5 feet in width for the planting area, except as approved by thc City Engineer. The Applicant shall plant trees within said parkways which have been selected from the list of appropriate tree species described in the Bella Lago Precise Plan and Landscape Master Plan and shall be approved by the Directors of Planning and Building, Building & Park Construction and Public Works. The Applicant shall provide root barriers and deep watering irrigation systems for the trees, as approved by the Director Building and Park Construction and the Director of Engineering. (Planning and Building) 114. Prior to approval of each Final Map, provide proof to the satisfaction of the City Engineer and Director of Building and Park Construction that ali improvements located on open space lots will be incorporated into and maintained by a Home Owner's Association or an Open Space District. (Engineering, Building and Park Construction) 115. Prior to approval of each Final Map, agree to have future property owners of lots adjacent to open space lots sign a statement at the time of property purchase, indicating that they are aware and acknowledge that the perimeter walls within open space lots are the property of the HOA, and that they may not modify or supplement the wall, or encroach onto Open Space property. These restrictions shall also be reflected in the CC&R's that are recorded against each property. (Engineering, Building and Park Construction) 116. Applicant shall keep any necessary retaining walls to a minimum and/or ifa grading solution can be found, retaining walls will not be used to gain additional space for the street corridor unless approved as shown on the Tentative Map. The retaining walls are to be located and detailed on all applicable grading plans for the Project, and subject to the approval of the Directors of Planning and Building, Public Works and Building and Park Construction. Slopes gradients may be increased to the maximum permitted in the grading ordinance in limited locations to acconnnodate constraints such as maintenance access ways. Landform grading policies shall be observed and followed. Ifa combination of low retaining walls and modified landform grading cannot accommodate any constraints or maintenance access areas, the top of slope shall be adjusted, as City deems necessary. (Building and Park Construction) PARKS 34 117. Prior to approval of each final map, the Developer shall pay the appropriate fees associated with the Park Land Dedication Ordinance (PLDO) applicable to the Bella Lago Project. The Project's Neighborhood and Community Park portions of the local park requirement shall be satisfied through the payment of fees, in a manner acceptable to the Director Building and Park Construction and in accordance with C.V.M.C. Chapter 17.10. (Building and Park Construction) 118. Prior to the approval of the first Final Map for the Project, The Developer shall have prepared, submitted to and received approval from the Director Building and Park Construction ora comprehensive "Project Landscape Master Plan". Such approval shall be indicated by means of the Director Building and Park Construction signature and date on said Plan. The contents of the Landscape Master Plan shall conform to the City staff checklist and include the following major components: Landscape Concept; Wall and Fence Plan, which shall indicate color, material, height and location of fencing and walls; Brush Management Plan, identifying zones and treatment, if any, as contained in the Bolla Lago Conceptual Fuel Modification Zone Plan; Maintenance Responsibility Map, which delineates of private and public property and indicates the maintenance responsibility for each; Planting Concept Plan; and Master Irrigation Plan (BuiMing and Park Construction) 119. Upon request o f the Director Building and Park Construction, The Developer shall update the Project's Landscape Master Plan to conform to any substantial changes made subsequent to the initial approval of the Plan. (Btdlcting and Park Construction, Planning and Building, Engineering) 120. Within 90 days of approval of the final map, enter into a maintenance agreement and grant easements as necessary for landscaping and improvements maintained by a Homeowners Association within City right-of-way or such other public areas required by the City. (Engi~eering, Building and Park Construction) 121. Prior to the issuance of each grading permit for the Project, the Applicant shall prepare, obtain the approval of and secure to the satisfaction of the Director ofPlarming & Building all landscape and irrigation slope erosion control plans. Ail plans shall be prepared in accordance with the current Chula Vista Landscape Manual and Grading Ordinance, as may be amended from time to time. Applicant shall install landscape and irrigation slope erosion control in accordance with approved plans no later than six months from the date of issuance of the grading permit. If the work cannot be completed within the specified time, the Applicant may request an extension, which may be granted at the discretion of the Director of Planning & Building. Such a request shall be submitted for approval in writing to the 35 Planning & Building Department sufficiently in advance of the end of the six-month timeframe to allow processing of the extension. Notwithstanding the time of installation of landscape and irrigation slope erosion control, Applicant shall remain in compliance with NPDES. (Planning, Building and Park Construction) OPEN SPACE/ENVIRONMENTAL 122. Prior to the issuance of the first grading permit for the Project, the Developer shall contribute $21,437.14, in a form acceptable to the Director of Planning and Building, to the City of Chula Vista's Repetitive Fire Restoration Reserve Fund ("Reserve Fund"). The contribution shall satisfy the Developer's long-term proportionate share to the Reserve Fund and is in lieu of annual contributions. (Planning & Building) 123. The Developer shall comply with the take permit/authorization from the U.S. Fish and Wildlife Service and California Department of Fish and Game, or comply with the approved City of Chula Vista MSCP Sub-area Plan whichever is applicable to the Project. (Planning and Building) 124. Prior to the approval of the first Map for the Project, the MSCP Preserve lots (Lots 141, 143 and 144), totaling approximately 86.5 acres, shall be conveyed through an Irrevocable Offer of Dedication to the City or other appropriate management entity deemed acceptable to the Director of Planning and Building. A conservation easement or other similar restriction, acceptable to the Director of Planning and Building, shall be provided that precludes the use of lots 141, 143 and 144 for any use other than preserve, as set forth in the MSCP Sub-area Plan, unless agreed to by the City and the Wildlife Agencies. (Planning & Buihling) 125. Prior to the issuance of the first grading permit for the Project, the Developer shall provide offsite mitigation to include preservation of 2.5 acres, which brings the total conservation for the Project to 89 acres (on-site and off-site). The off-site 2.5 acres shall contain a minimum of 210 Otay tarplants. Off-site conservation shall be in a location within the MSCP Subregional Preserve subject to the approval of the Director of Planning & Building. A conservation easement or other appropriate mechanisms, as approved by the City Attorney, shall be placed on the 2.5 acres to ensure preservation in perpetuity. Prior to the issuance of the first grading permit for the Project, the Developer shall provide funding for long-term management, in an amount and form acceptable to the City. (Planning & Building) 126. The approval of this map by the City of Chula Vista docs not authorize the applicant to violate any Federal, State or City laws, ordinances, regulations or policies, including but not limited to the Federal Endangered Species Act of 1973 and any amendments thereto (16 U.S.C. Section 1531 et seq.). (Planning & BuiMing) 36 127. In accordance with authorization granted to the City of Chula Vista from the U.S. Fish & Wildlife Service (USFWS) pursuant to Section 10(a) of the ESA and by the California Department of Fish & Game (CDFG) pursuant to Fish & Game Code Section 2835 as part of the Multiple Species Conservation Program (MSCP), the City of Chula Vista through the approval/issuance of this map/permit hereby confers upon permittee the status of Third Party Beneficiary as provided for in Section 17 of the City of Chula Vista Implementing Agreement (IA) approved by the City Council on ,2003. Third Party Beneficiary status is conferred upon permittee by the City: (1) to grant permittee the legal standing and legal right to utilize the take authorization granted to the City of Chula Vista pursuant to the MSCP in accordance with those limitations imposed under this permit and the IA, and (2) to assure permittee that no existing mitigation obligation imposed by the City of Chula Vista pursuant to this permit shall be altered in the future by the City of Chula Vista, USFWS, or CDFG, except in the circumstances described in the IA. If mitigation lands are identified but not yet accepted by the City or other designated management entity or preserved in perpetuity, maintenance and continued recognition of Third Party Beneficiary status by the City is contingent upon permittee maintaining the biological values ofm~y and all lands committed for mitigation pursuant to this permit and of full satisfaction by permittee of mitigation obligations required by this pemfit, as described in accordance with the IA. (Planning & BuiMing) 128. Prior to the issuance of the first grading pernfit for the Project, Area Specific Management Directives (ASMDs) for the MSCP Preserve lots (Lots 141,143 and 144) shall be approved by the Director of Planning and Building. Prior to the issuance of the first grading permit for the Project, Developer shall provide funding, in an amount and form approved by the Director of Planning and Building, for implementation of the ASMDs. (Planning & Building) 129. Prior to issuance of each grading permit for the Project, the Developer shall prepare a fencing plan and obtain the approval of the Director of Planning and Building and the City Engineer. The fencing plan shall include, as the City determines necessary, interim and permanent fencing pursuant to the Project's Precise Plan Figure 5-3, Fence and Wall Plan. In addition, the Developer shall: a. Prior to the commencement of initial grading adjacent to the MSCP preserve Lots 143 and 144, install interim fencing adjacent to Lots 143 and 144 and shall be maintained by the Developer in its original condition at all times; b. Install permanent fencing concurrent with the initial rough grading of the Project. Fencing shall be installed adjacent to the MSCP Preserve Lots 143 and 144 to control access into the MSCP Preserve to the satisfaction of the Director of Planning and Building. An alternative to permanent fencing would be the planting of native barrier plants subject to the approval of the Director of Planning and Building at his/her sole discretion; 37 c. Concurrent with the initial rough grading of the Project, install a six-foot solid block masonry wall at the rear of Lots I and 2, and Lots 9 and 10 (see Precise Plan, Figure 5-3; Fence and Wall Plan) for the protection of populations of Otay tarplant. The block wall shall not be located closer than twenty-five feet from the nearest Otay tarplant and no developed area shall be closer than twenty-five feet from the nearest Otay tarplant; and d. Indicate on all affected grading plans that all fencing and/or walls shall be constructed entirely within the HOA-maintained open space lots irrevocably offered to the City of Chula Vista. Perpetual maintenance of the fence and/or walls shall be provided by the HOA. (Planning and Building, Engineering) EMERGENCY SERVICES 130. The Developer shall comply with the Fire Department's codes and policies for Fire Prevention, as may be amended from time to time. Prior to the issuance of any building permit(s) for the Project, the Developer shall provide the following items prior to delivery of combustible materials on any construction site on the Project: a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal. b. Emergency vehicle access consisting of a minimum first layer ofhard asphalt surface or concrete surface, with a minimum standard width of 20 feet or acceptable alternative subject to approval of the Fire Marshall and in compliance with the U.F.C. c. Street signs installed to the satisfaction of the Department of Public Works. Temporary street signs shall be subject to the approval of the Department of Public Works and Fire Department. Locations and identification of temporary street signs shall be subject to review and approval by the Department of Public Works and Fire Department. (Fire, Planning, Engineering) 131. The Developer shall obtain the approval of the City's Fire Marshal for the timing of construction of all internal streets in the Project. (Fire, Planning, Engineering) 132. In addition to those fire hydrants depicted on the tentative map, the Developer shall install additional fire hydrants upon request and to the to the satisfaction of the Fire Department. (Fire, Planning, Engineering) 38 133. The Developer shall comply with the Project's Fuel Modification Zone Plan dated December 20, 2002 and as may be amended from time to time. (Fire, Planning, Engineering) 134. Construct or provide to the specifications or satisfaction of the City Engineer the follo~ving features to all areas bound by private streets with controlled access devices, such as gates: a. Gates located to provide sufficient room to queue up without interrupting traffic. a. Turnarounds at the gates. b. Delineation of border between public streets and private streets by enhanced pavement. No enhanced pavement shall be located within the public right-of- way. c. Emergencyvehicle access. d. Omnicom or other access devices required by the City Fire Marshal and Police Department. (Engineering) 135. Provide red curbs and "no parking" signs to prohibit on-street parking on all streets located within the Project site to the satisfaction of the City Engineer and Fire Marshal. (Engineering and Fire) CODE REQUIREMENTS 136. The Developer shall comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map for the Project 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. Underground all utilities within the subdivision in accordance with Municipal Code requirements. ('Engineering) 137. The Developer shall pay the following fees in accordance with the City Code and Council Policy: a. Signal Participation Fees. b. The Transportation and Public Facilities Development Impact Fees including the Recreation Development hnpact Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. 39 d. Interim SR-125 impact fee~ e. Salt Creek Sewer Basin DIF. f. Pumped Sewer DIF (If the Salt Creek Sewer Main Interceptor up to the Olympic Parkway Pump Station is not accepted by the City prior to the Project's first Final Map). Pay the amount of said fees in effect at the time of issuance of building permits. (Engineering) 138. The Developer shall comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The Developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. (Engineering) 139. The Developer shall ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit the disclosure form for approval by the City Engineer prior to Final Map approval. (Engineering) 140. The Developer shall comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces, if any. (Engineering) MISCELLANEOUS 141. The Developer shall make a good-faith effort to coordinate development and implementation of the Bella Lago project with all other developers/applicants including, but not limited to the Rolling Hills Ranch Subarea III development including phasing, grading, infrastructure, improvements, and dedications of right-of-way. 142. Within thirty (30) days of the City Council approval of these map conditions, or prior to the submittal of the first Final Map for the Project, whichever occurs first, the Developer shall submit a digital drawing file of the tentative map in its approved form. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file shall combine all map sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) format and shall contain the following individual layers: a. Subdivision Boundary (closed polygons) b. Lot Lines (closed polygons) c. Street Centerlines (polylines) d. Easements (polylines) e. Street Names (annotation 40 f. Lot Numbers (annotation) The digital drawing file shall be submitted in accordance with the City Guidelines for Digital Submittal on 3 ½" disks or CD, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. (Engineering) 143. Prior to Final Map approval, the Developer shall submit copies of all tentative maps, final maps, grading and improvement plans in a digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file of the maps shall combine all map sheets into a single CADD dra~ving, in DXF, DWG or ArcView (GIS) format and shall contain the following individual layers: a. Subdivision Boundary (closed polygons) b. Lot Lines (closed polygons) c. Street Centerlines (polylines) d. Easements (polylines) e. Street Names (annotation) g. Lot Numbers (annotation) The final map, grading plan, improvement plan, and maintenance responsibility map digital files shall also conform to the City of Chula Vista Subdivision Manual requirements therefore. The digital drawing files shall be submitted in accordance with the City Guidelines for Digital Submittal on 3 ½" disks or CD, as an e-mail attachment to the City Engineer or as otherwise approved by subject to approval of the City Engineer. (Engineering) 144. Tie the boundary of the subdivision to the California System-Zone VI (1983). (Engineering) I45. Prior to the approval of the first Final Map for the Project, the Developer shall obtain approval for all work within the SDG&E easement including but not limited to grading, drainage, sewer and sewer access roads, and landscaping. (Engineering) 146. Prior to approval of the first Final Map for the Project, the Developer shall provide letters to the satisfaction of the City Engineer from San Diego Gas and Electric (SDG&E) acknowledging the crossing of utilities as shown on the on the Tentative Map. The Developer shall enter into a Joint Use agreement with the City, SDG&E in a form acceptable to the City Attorney for all public facilities crossing the SDG&E easements prior to the approval of the first Final Map for the Project, which includes these facilities. The Developer shall be responsible for any payment to SDG&E associated with the crossing of the SDG&E casements. Work proposed within another agency's easement would require the agencies signature on the applicable plans prior to permit issuance. (i.e. Landscape and Irrigation, Grading and or Improvement Plans) (Engineering) 147. Prior to issuance of first Final Map for the Project, the Developer shall provide evidence, 41 satisfactory to the Director of Planning & Building that the school districts are satisfied. (Planning & Building). 148. The Developer shall comply with all provisions of the Project's Air Quality Improvement Plan (AQIP). The Developer hereby agrees to implement al! AQIP measures as approved by the City Council, and to comply and remain in compliance with the AQIP. (Planning and Building) 149. 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 Air Quality Improvement Plan (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 received Final Map approval prior to el'fect of the subject new measures. (Planning and Building) 150. The Developer shall comply with all provisions of the Project's Water Conservation Plan (WCP). The Developer hereby agrees to implement al! WCP measures as approved by the City Council, and to comply and remain in compliance with the WCP. (Planning and Building) 151. 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 Water Conservation Plan (WCP) to incorporate those new measures, which are in effect at the time, prior to or concurrent ~vith 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 of the subject new measures. (Planning and Building) 152. Prior to approval of the first Final Map for the Project, submit to the Planning and Building Department 20 copies of the adopted Precise Plan, FEIR, 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 stafl~ (Planning & Building) 153. Prior to approval of the first Final Map for the Project, the Developer shall prepare, submit and obtain approval by the Director of Planning 8,: Building of a homeowner's manual to be distributed to home purchaser outlining development parameters and design criteria for structures and landscaping encroaching into the 50' Perimeter Fuel Modification Zone. The homeowners manual shall also address landscaping and maintenance. The homeowners manual shall address all iterns found in the Project's Fuel Modification Zone Plan including but not limited to: l) Allowable uses within the 50' Perimeter Fuel Modification Zone, 42 Firewise landscaping design, Firewise construction, fencing, permitted accessory structures, including decks, retaining walls, and any other development standards as determined by the Director of Planning & Building. (Planning & Building) XIII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the fight 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 fights are gained byDeveloper or a successor in interest by the City's approval of this Resolution. XIV. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: Robert A. Leiter An/g't~/~ore Director of Planning & Building City Attorney 43 O I ! = ~ · -- ~ COUNTY OF SAN DIEGo < :~ ! OTAY RANCH O GOlF PROJECT - - ~ ~ LOCATION _ - - ~ ROLLING HILLS ~ ~NCH ~ / CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR ~PU~ Bella Lago, LLC PROJECT East of ~re SR-125 ~ee~y and ~.~: .~o,~w,,~.o~ EXHIBIT A P~, PC~-~=: NORTH No S~le P~; EIR~2~ C:~AI FIL~o~tors~CZ~ 1-04,PCM-02-12;PCS~03,EIR-02-05.~r 0~10/03 EXHIBIT B PRECISE PLAN (See Binder) TENTA fiVE MAP Be~la Lago ® : /3-t~ ....... ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING 180 ACRES LOCATED EAST OF THE FUTURE SR-125 FREEWAY AND NORTH OF PROCTOR VALLEY ROAD TO RE, RESIDENTIAL ESTATES WITH A (P) MODIFYING DISTRICT DESIGNATOR. I. RECITALS A. Project Site WHEREAS, the area of land, which is the subject of this Ordinance is diagrammatically represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of general description herein consist of 180 acres commonly known as Bella Lago, and located east of SR- 125 and North of Proctor Valley Road ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on November 25, 2001, Bella Lago, LLC ("Developer") filed a Zone Change application with the Plmming and Building Department of the City of Chula Vista requesting an amendment to the adopted Zoning map or maps established by Section 19.18.010 of the Chula Vista Municipal Code rezoning 180 acres from PC, Planned Community to RE, Residential Estates with a Precise Plan (P) Modifying District designator ("Project"); and, C. Prior Discretionary Approvals WHEREAS, the Planning Commission held an advertised public hearing on the Project on March 12, 2003 and, after hearing staff presentation and public testimony, voted 6-0-0 to recommend that the City Council approve the Project, in accordance with the findings listed below; and, D. Planning Commission Record on Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on the Project and to receive the reconmaendations of the Planning Commission, and to hear public testimony with regard to the same; and, WHEREAS, the Planning Department set the time and place for a hearing on said Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, 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 proceedings and all evidence introduced before the Planning Commission at the public hearing on this project held on March 12, 2003, and the minutes and resolution resulting there from, are hereby incorporated into the record of this proceedings; and, Ordinance Page 2 E. City Council Record on Applications WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 500 ft. of the exterior boundaries of the Project Sites at least ten days prior to the hearing; and, F. Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council meeting at which this Ordinance was introduced for first reading (April 8, 2003), the City Council of the City Of Chula Vista approved Resolution Number ___by which it approved a Precise Plan and Tentative Subdivision Map for 180 acres known as Bella Lago. 11 NOW, THEREFORE, the City Council of the City Chula Vista does hereby find, determine and ordain as follows: A. CERTIFICATION OF COMPLIANCE WITH CEQA - PREVIOUS FEIR-02-05 AND AMENDMENT REVIEWED AND CONSIDERED FINDiNGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, approved and certified FEIR-02-05 and therefore no further action is necessary. B. FINDINGS FOR APPROVAL OF REZONE AND PRECISE PLAN, INCLUDING PROPERTY DEVELOPMENT STANDARDS Pursuant to Section 19.56.04I of the Municipal Code, the City council of the City Chula Vista finds that the following circumstances are evident, which allows the application of the ("P") Precise Plan Modifying District to the subject site: The Planned Community Zone is typically associated with large tracts of land to be developed with a variety of land uses, including commercial, industrial, residential and other support land uses. In this case, the Bella Lago project site is limited to a single land use in approximately half the project site (93.07 acres). The Proposed rezone to residential estates complements the westerly adjacent master planned community, which is also designated for large lot development. However, in order to ensure that the development of this property is compatible with the surrounding land uses, a Precise Plan with pertinent Property Development Standards is necessary to allow the City sufficient control to achieve the intended urban design character. The City Council hereby finds that the proposed Rezoning and Precise Plan Standards are consistent with the City of Chula Vista General Plan, and public necessity, convenience, the general welfare and good zoning practice support the amendments. Ordinance 2.839 Page 3 C. APPROVAL OF REZONE The City Council does hereby approve the rezone to the RE-P (Residential Estate with a "P" Modifying District), including property Development Standards for Bella Lago, as represented in Exhibit B. 11II. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by Robert A. Leiter Ann~loore c, Planning and Building Director City Attorney ~-- ·~ ~ COUNTY OF SAN DIEGO LU CI~t~ OF CHULA VISTA < ~ OTAY RANCH GOLF COURSE PROJECT ~ ~ i ~ LOeA. ON CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT APPUCANT: Bella Lago, LLC PROJECT East of future SR-125 freeway and ADDRESS; north of Proctor Va,ley Road EXH I BIT A PCZ-01-04, PCM~2-f2; NORTH No Scale PCS-03-O3; EIR-02-05 C:\DAIF]LE3oca ors\PCZ-OI~04,PCM-02-12;PCS-03-03,EIR-02-05.oJr 02/10/03 IV Development Regulations A. Residential Estate The following chapter details the specific standards and regulations pertaining to development and lot improvements within Bella Lago. This Precise Plan is intended to work in conjunction with the City of Chula Vista's established guidelines, therefore any information not shown within the Precise Plan should be referenced in the City of Chula Vista Municipal Code - Chapter 19.22 RE - Residential Estates Zone District. 1. Permitted uses Permitted uses are those established in the RE, Residential Estates Zone District. 2. Development Standards The following development standards shall apply to all land and buildings within the SFE land use district. Dimensions and standards shown below are minimums. Where in conflict with the RE, Zone District Development Regulations, the standards outlined in this precise plan take precedence, where a particular item is not addressed in the precise plan, the RE, Zone Distdct Development Standards shall be used. Where setback requirements are in conflict, the lot specific setback maps (Figures 4-1 through 4-27) shall supercede the setback standards shown in Table 4-A. EXHIBIT B Bella Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-1 LAND USE DISTRICT - DEVELOPMENT STANDARD SFE Lot Criteria Lot area (minimum) 15,000 s.f. Lot coverage (maximum) 40% Lot depth (minimum) 100 feet Lot width (minimum) measured at property line 100 feet knuckle or cul-de-sac street frontage 35 feet Maximum FAR 0.5 Main Building Setbacks Front yard setback from PL (minimum) 25 feet Side yard setback from PL (minimum) 10 feet Adjacent residential street (corner lot setback - minimum) 15 feet Rear yard setback from PL (minimum) 20 feet Setback from top-of-slope *Rear yard setback from top-of-slope 20 feet (Lots 13 and 14 have 10' rear yard slope setback) Side yard setback from top-of-slope 10 feet Fuel Modification Zone Setback * 50 feet Main Building Height (stories/feet) 2 1/2/28' Accessory Building Height (stories/feet) Building stories ! height in feet (maximum) 1 /15' Building area (maximum) 1200 s.f. Parking Minimum on-site spaces (minimum in garage) 2 Minimum on-street spaces 1 * See Chapter 5 for development and landscaping restrictions. Lot Specific Setbacks Table 4-A. Note: The Lot Specific Setback Maps (Figures 4-1 through 4-27) shall supercede the setback requirements contained in Table 4-A in the event of conflicting or overlapping information. The following Lot Specific Setback Maps indicate the respective setbacks, comments and special requirements for each lot. Bella Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-2 Fuol I [ · Modtfi{etiOnzohe I j Zone Setback Fuel RE TA I N t N C Modif,~e~ion WALL :// Slope Fuel Fuel t r ~fodi: Vodifice~io~ I ~one ~one I ~ !Setback Setback ~, x i SCALE IN FEET Note: Grading is pursuant to Tentative Map Figure 4-1: Lot Specific Setback Maps for Lots 1-4 Bella Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-3 ~o~ification I r Zone , Slope ~Slope Fuel~ ~ B -~ Setback ' ' ~ 0 25 50 75 Note: Grading is pursuant to Tentative Map Figure 4-2: Lot Specific Setback Maps for Lots 5-8 Bella Lago Precise Plan Chapter 4 - Development Regulations Ci~ of Chula Vista, California 10/31/02 4~ ~odificatlon Zone Modification Setback Zone Setback Slope PRIVATE OPEN SPACE LOT 141 PORLEZZA .. . ~__ .I. SCALE IN FEET Note: Grading is pursuant to Tentative Map Figure 4-3: Lot Specific Setback Maps for Lots 9-11 Bella Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-5 · SPACE LOT 141 ," ,' I Fuel Modification · Zone -- -- m, Setback Modi ' Wl~---...--- _ Zon~ · i i ~ Li'"'. Note: Grading is pursuant to Tentative Map Figure 4-4: Lot Specific Setback Maps for Lots 12-14 Be/la Lage Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-6 .... I _ ~ _.1 e .I ~ °~4.~.-~: CA LLE AR ONA SCALE IN FEET Note: Grading is pursuant to Tentative Map Figure 4-5: Lot Specific Setback Maps for Lots 15-23 Belin Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-7 Modifi~stio~ $1ope~l~one ~ALL OPEN SPA CE LOT Note: Grading is pursuant to Tentative Map Figure 4-6: Lot Specific Setback Maps for Lots 24-28 Bella Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4~8 /,~.~//~ .... ~ Sef~ack - - ........... _ _ Note: Grading is pursuant to Tentative Map Figure 4-7: Lot Specific Setback Maps for Lots 29-32 and 39-42 Bella Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, Califomia 10/31/02 4-9 -1/7 Note; Grading is pursuant to Tentative Map Figure 4-8: Lot Specific Setback Maps for Lots 33-38 Bolla Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-10 · [ ~ ~ Slope I Slope m~ ,,, t~6dlflcation · Zone i Sefbeck Note: Grading is pursuant to Tentative Map Fil[ure 4-9: [,et Specific Setback ~[ap$ for [`ors 43-48 Bella Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-11 Note: Grading is pursuant to Tentative Map Figure 4-10: Lot Specific Setback Maps for Lots 49-52 and 59-62 Bella Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-12 Note: Grading is pursuant to Tentative Map Figure 4-11: Lot Specific Setback Maps for Lots 53-58 Bella Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-13 Note: Grading is pursuant to Tentative Map Figure 4-12: Lot Specific Setback Maps for Lots 63-68 Bella Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-14 PONTE TRt Note: Grading is pursuant to Tentative Map Figure 4-13: Lot Specific Setback Maps for Lots 69-72 and 79-82 Bolla Lago Precise Plan Chapter 4 - Development Regulations City of ChuJa Vista, California 10/31/02 4-15 I ~ I ~ I~ ? - ,PI '-- , ?...~..,~.. ,t.._ q-~-. ,I .. I~-~_. ~ _1. I I.. il ~ . I .1' I I ~ ~-~'~ I ~ Zone I I , /j o. 'z ~ z I Jl" ,. ~ ,,~ ,~. / / I , I 0 25 5o 75 ~ Slop I Slope I Slope , I ~ I J SCALE IN FEET 'FU'/l~flcetion'', Note: Grading is pursuant to Tentative Map Figure 4-14: Lot Specific Setback Maps for Lots 73-78 Bella Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/3,/02 **/,,~ '~/~"~ ¢ 4-16 i , ~ Slope / ' ' """I' I · ' ~ Slope I'~ ~ ,Slope [Fu~l · Zone j Sefback {Ii ' a~· Slope ~// B MoEifica gon i Note: Grading is pursuant to Tentative Map Figure 4-15: Lot Specific Setback Maps for Lots 83-88 Be/la Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-17 CORTE b. Note: Grading is pursuant to Tentative Map ~'igore 4-16: ]Lot Specific Setback Maps for ]Lots 89-9! and 9540] Bella Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-18 Note: Grading is pursuant to Tentative Map Figure 4-17: Lot Specific Setback Maps for Lots 92-97 Be/la Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-1g · W°~flcefl°nll · Z~one .~ Slope I ~.,: /¥'~ ~ ' '- I [q~ --~: / '~-- ..~-: Note: Grading is pursuant to Tentative Map Figure 4-18: Lot Specific Setback Maps for Lots 102-107 Belin Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-20 /~ --/~ Note: Grading is pursuant to Tentative Map Figure 4-19: Lot Specific Setback Maps for Lots 108-11l and 117-119 Belin Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-21 I Modificafiort l Note; Grading is pursuant to Tentative Map Figure 4-20: Lot Specific Setback Maps for Lots 112-116 Bolla Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-22 Note: Grading is pursuant to Tentative Map ]~il~ure 4-:~].; 1,ot Specific Setback Maps for [,ets 120-1:Z3 Bella Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-23 I ~Zone Note: Grading is pursuant to Tentative Map FJsure 4-22: Lot Specific Setback ]~aps for ~,ots Bella Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-24 S~o Note: Grading is pursuant to Tentative Map Figure 4-23: Lot Specific Setback Maps for Lots 128-130 Bella Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-25 J F~el Setbock ~ · Zone · ~,' / Setbeck ~ · Slope X ~ ~ ' ' Slope Slope 0 25 50 75 SCALE IN FEET Note: Grading is pursuant to Tentative Map Figure 4-24: Lot Specific Setback Maps for Lots 131-133 Bella Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-26 Note: Grading is pursuant to Tentative Map Figure 4-25: Lot Specific Setback Maps for Lot 134 Belin Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-27 ,? S/ope I t Slope / ! o 25 5o 75 t I Slope I I ~ %CALE Ihl FEET Nole: Gradin§ is pursusnl to Tenl~tive Msp Figure 4-26: Lot Specific Setback Maps for Lots 135-138 and 140 Be/la Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-28 ! Setbmck~ /t ~ il, ' Fuel Modificafio~ Zone Setback Slope Note: Grading is pursuant to Tentative Map Figure 4-27: Lot Specific Setback Maps for Lot 139 Bella Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-29 3. Accessory Structures Accessory Buildings and Structures: Accessory buildings and structures, attached or detached, used either wholly or in part for living purposes, shall meet all of the setback requirements for location of the main building per the setback requirements Table 4-A and lot specific setback maps (Figures 4-1 through 4-27), whichever is less restrictive; except as herein provided. a. Open attached structures may be allowed to encroach into rear yard setback subject to approval by the Director of Planning. b. Detached non-habitable accessory structures may be located within an interior side or rear yard provided that such structures are located no closer than five (5) feet to an interior side lot line, ten (10) feet from a rear yard lot line or ten (10) feet from top-of- slope and is at least six (6) feet from main structure and does not exceed one story in height. c. Porches, steps, architectural features such as eaves, awnings, chimneys, balconies, stairways, wing walls or bay windows may project not more than four (4) feet into any required front or rear yard area, and not into any required side yard more than one-half of said required side yard. d. Non-habitable detached accessory structures constructed of non-combustible elements such as swimming pools, steel fencing, block walls, concrete patios, etc. may be located within the 50' fuel modification zone setback as found in Figures 4-1 through 4-27 and are subject to approval by the Director of Planning for the City of Chula Vista. However, setbacks for detached structures as stated in 3.b. above must be maintained. Additionally, fuel modification regulations must be maintained as stated in Section 6 on the following page. Refer to Chapter 5 - Design Guidelines for additional restrictions and requirements pertaining to accessory structures located within or near the 50' fuel modification zone. 4. Walls and Fences: Residential Districts In any required front or side yard adjacent to a street, a wall, fence or hedge shall not exceed forty-two (42) inches in height. Perimeter walls, fences or hedges not more than six (6) feet in height may be maintained along the interior side or rear lot line, provided that such wall, fence or hedge does not extend into a required front or side yard adjacent to a street. Fences and walls located within the 50' Fuel Modification Zone must comply with Section 6 on the following page. 5. Animal Regulations The keeping of any domesticated animals must comply with the existing guidelines established in the City of Chula Vista Municipal Code Chapters 6.02, 6.04 and 6.08. Additionally, no livestock or larger animals (ie. Horses, cattle, sheep, hogs, goats, etc.) will be allowed within Bella Lago for domesticated or commercial purposes. All commercial applications discussed in Chapter 6.08 are strictly prohibited within Bella Lago, including kennels, catteries and pet shops and the keeping of commercial poultry and rabbits. Bella Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-30 6. Bella Laqo Fuel Modification Zone Plan Development Requlations For a description of the fuel modification concepts, see Section 5.0 of the Bella Lago Conceptual Fuel Modification Zone Plan or refer to Appendix B for a condensed version of these concepts. A typical cross-section of the concept is shown below. a. Fuel Modification Zone Setback Area (Shown on Figures 4-1 through 4-27 Lot Specific Setback Maps). This area starts at the MSCP Open Space Reserve line and/or the project perimeter boundary and moves inward towards the developed area for 50 feet. The following development standards apply to this area: 1. Structures with a residential occupancy, as defined by the UBC, are not permitted within this area. 2. Detached accessory structures with non-residential occupancy as defined by the UBC are permitted if constructed with non-combustible materials (Concrete walkways, swimming pools, fences, trellis, patio covers, decks and pool houses). 3. All fully enclosed structures must be equipped with interior fire sprinklers. b. Special Fire Protection Features within Bella Lago 1. All residential structures, including attached and detached accessory structures, will be built with a Class A Roof Assembly and attic or foundation ventilation louvers or ventilation openings in vertical walls shall not exceed 144 square inches per opening and shall be covered with N-inch mesh corrosion-resistant metal screening or other approved material that offers equivalent protection. Attic ventilation shall also comply with the requirements of the Uniform Building Code (U.B.C.). Ventilation louvers and openings may be incorporated as part of access assemblies. 2. All residential structures, including attached and detached accessory structures located on lots 1-10, 13, 14, 28, 36, 45, 46, 55, 65-67, 75, 76, 85, 86, 94, 95, 104-106, 113, 114, 121-134 and 139 will be required to implement the following fire protection features: a) All exterior walls facin~ andwithin 100-feet of highly flammable vegetation will be constructed with fire resistant building materials and protected with 2-inch nominal solid blocking between rafters at all roof overhangs, under the exterior wall covering. b) No attic ventilation openings or ventilation louvers shall be permitted in soffits, in eave overhangs, between rafters at eaves, or in other overhanging areas. c) All eaves of roof overhangs shall be enclosed with non-combustible materials. Be/la Lago Precise P/an Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-31 d) All projections (exterior balconies, carports, decks, patio covers, unenclosed roofs and floors, and similar architectual appendages and projections) shall be of non-combustible construction, one-hour fire-resistive construction on the underside or heavy timber construction. When such appendages and projections are attached to exterior fire-resistive walls, they shall be constructed to maintain the fire-resistive integrity of the wall. e) All glass or other transparent, translucent or opaque glazing materials, including skylights, shall be constructed of tempered glass or multi-layered glazed panels. No skylights will be allowed on the roof assembly facing hazardous vegetation. f) Any chimney, flue or stovepipe will have an approved spark arrester. An approved spark arrester is defined as a device constructed of non-flammable materials, 12 gauge minimum thickness, or other material found satisfactory by the Cit:) of Chula Vista Fire Department, and having 1/2 inch perforations for arresting burning carbon or sparks and installed to be visible for the purposes of inspection and maintenance. g) Any wooden or combustible sideyard fences must be separated from the residence by either a one-foot wide rock or brick anchor post, a non- combustible gate and/or non-combustible fencing. c. Utility Easement and Access Road (Shown on Figures 4-1 through 4-27 Lot Specific Setback Maps). There will be a 12-foot wide fire access and utility maintenance road constructed within the landscaped 40-foot wide easement along the eastern property boundary starting from lot 139 and continuing south to lot 35 and west to lot 29. No development will be allowed within the easement area. d. Maintenance and Enforcement The following conditions are included in the Bella Lago Homeowner Association CC&R's and must be maintained: 1. The homeowner is personally responsible for all fuel treatment measures on their lot. 2. The Bella Lago HOA Board has the responsibility and authority for enforcing fuel treatment measures on all lots and restrictions on building of combustible structures on all restricted lots. The Chula Vista Fire Department will hold the Bella Lago HOA accountable for enforcement of all wildland fire protection issues discussed in this plan. 3. All property owners are members of the Bella Lago HOA and will financially support the annual maintenance of all required Fuel Modification Areas surrounding the Bella Lago development. 4. All individual lot landscaping plans, including additional structures, must be approved by the Bella Lago HOA Board and under the guidance of the Chula Vista Fire Department and Landscape Architecture Division. Be/la Lago Precise Plan Chapter 4 - Development Regulations City of Chula Vista, California 10/31/02 4-32 B. Open Space A total of 86.5 acres on-site, or 49% of the property, is proposed to be dedicated as open space within the City's MSCP Preserve concurrent with project entitlements (grading permits). These open space areas will be consistent with the City's General Plan and will contribute to establishing the character of Bella Lago as a rural residential community with a focus on open space. Bella Lago has one open space designation of an OS District. The OS District is intended for natural open space, habitat preservation and limited public uses. 1. Permitted and Conditional Uses Only those uses as described in the City's MSCP Subarea Plan (Section 6.0) as compatible and conditionally compatible uses are allowed within the OS district. No other permitted or conditional uses are allowed in the OS district except for utilities. access to utility facilities, brush management in the utility easement and rock burial within the utility easement. 2. Area Specific Management Directives Area Specific Management Directives (ASMD) have been developed pursuant to the City's MSCP Subarea Plan and incorporate the management actions identified in the City Planning Component Framework Management Plan. The ASMD also includes management measures as required for Covered Species within the Open Space area pursuant to Table 3-5 of the MSCP Subregional Plan and Appendix A of the Chula Vista MSCP Subarea Plan. The ASMD identifies both short-term and long-term management measures. Short-term management measures will be implemented during the construction phase of the project and will be the responsibility of the project developer. Long-term management measures will be implemented by the designated preserve manager. Funding for the implementation of the management measures will be provided by the developer prior to issuance of the first grading permit. The complete text of the ASMD is included as Appendix A to this Precise Plan. Walls and Fences: The ASMD's include a requirement to provide fencing and/or walls in limited locations adjacent to the MSCP open space in order to control access into the preserve. Any fencing or walls determined to be necessary shall follow the design requirements described in Chapter 5.C. of this Precise Plan. Bella Lago Precise Plan City of Chula Vista, California 10/31/02 Chapter 4 - Development Regulations 4-33 /3 -llf/ , 1 2 3 :'~ 4 · , 5 Special Orders to City Council of the City of Chula Vista About the san Diego Regional Energy Off'1Ce (SDREO) SDREO is an independent, public-benefit, non-profit corporation that serves as the information clearinghouse for energy information to the region, assists the public In implementing policies and programs to improve the overall energy security and efficiency while mitigating the environmental impacts of energy use and serves as a critical link with state and federal energy programs that can benefit consumers. Program Purpose The primary purpose of this program Is to produce energy (kWh) and electric demand (KW) reductions. By cooling the home or school, tree shading reduces the need for air conditioning, thereby decreasing energy consumption. Program Benefits · Electricity bill reductions from energy savings, · Free, healthy 4 to 7 foot tall trees and planting materials, · Increased property value, · Recommendations for optimal energy saving planting location, · community training, Indudlng planting and follow up care, · Reduced storm-water runoff, and · Improved air quality through plant filtering. San Diego II'IOIU IIIRU OUIU -A- Cool ~ommunities SHADE TREE PROGRAM Eligibility Customers eligible for the SDREO shade tree program are residents and primary and secondary sdTools. Areas not eligible Indude private commerdal properties, universities, and public property (expect primary and secondary schools). Planting Trees saves Energy and Improves Local Climates Trees reduce air pollution and fight global warming, they: · Decrease energy use by providing natural shade, thus lowering the amount of air pollutants and greenhouse gases that come from electricity generation, and helping to create fewer smoggy days. · Settle out, trap and absorb numerous pollutants (such as dust, ash, pollen and smoke) from the air. · Act as a carbon "sponge" by removing the carbon from carbon dioxide (a greenhouse gas that conbibutes to global warming) and storing it In their trunks, while releallng the oxygen back Into the air. Strategically planted trees can: · Help reduce overall air conditioning use and associated costs by up to 20 percent at homes and buildings. · Reduce the urban heat island effect, lower outside air temperatures, and cut down glare on sunny days. . · Add natural character to our communities and create more livable neighborhoods and can Increase property values Trees conserve water and reduce water pollution, because they: · Trap and hold water from storms, which also lessen the amount of pollution through soil erosion and sedimentation that can enter streams and oceans. San Diego · Increase the amount of water filtered back into the ground, counteracting the RI"OIlI effects of large areas of pavement. IIIRU OUlU The Ba$Ïc Process 1. First, the customer calls People for Trees at (619) 222-TREE (8733) to let them know they are interested . 2. Once there is a group of interested residents (min. 2S) in a community, a Cool Communities Shade Tree program forester will hold a workshop in that community. * 3. At the workshop, a trained neighborhood forester will provide instruction on proper tree selection, safety, planting locations and maintenance. Residents are responsible for calling the Underground Service Alert of Southern ealifomia; know as DigAlert, at 1-800-227-2600. 4. The program foresters will schedule a planting day and assist in property planting of the tree (s). * If there is not enough interest to hold a workshop and planting, a resident may attend a workshop and planting in another location and pick up hisl her tree (s) at the nursery the same day. San Diego IfGlOUl (1(1" OUlU