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HomeMy WebLinkAboutPlanning Comm Reports/2001/06/27 AGENDA PLANNING COMMISSION MEETING Chula Vista, California 6:00 p.rn Wednesday, June 27, 2001 Council Chambers 276 Fourth Avenue, Chula Vista CALL TO ORDER ROLL CAll/MOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE APPROVAL OF MINUTES: INTRODUCTORY REMARKS ORAL COMMUNICATIONS Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commission's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. 1, PUBLIC HEARING: PCS-01-07; Tentative Subdivision Map to develop lots for single- family homes at the southern terminus of Cedar Avenue. Applicant: TNT Services Project Manager: Kim Vander Bie, Associate Planner 2. PUBLIC HEARING: PCC-01-76; Adoption of a resolution denying the establishment of a used car dealership located at 201 Broadway (southeast corner of Broadway and E Street) with the Commercial Thoroughfare (CT) Zone. Project Manager: Steve Power, Associate Planner 3. PUBLIC HEARING: Consideration of the Final Subsequent Environmental Impact Report (EIR 01-01) for the Eastlake III Woods and Vistas Re- planning Program. Project Manager: Marilyn Ponseggi, Environrnental Review Coordinator Planning Comrnission - 2- June 27, 2001 4. PUBLIC HEARING: Consideration of application filed by The Eastlake Company involving 1030 acres known as Eastlake III at the eastern end of the city boundaries, between the future alignment of Proctor Valley Road and the southerly end of Wueste Road; 455 acres known as Eastlake Trails; and 108 acres known as the "Southern land Swap" parcel. a. GPA-01-07; amendments to the Chula Vista General Plan land Use Diagram removing various floating land use designations, rearranging the adopted residential and commercial land use districts, and establishing new land use designations at various locations within the GDP site, Also, amending the Circulation Element to reflect the street network necessary to serve the proposed development. b. PCM-01-26; amendments to the Eastlake II General Development Plan, Eastlake Greens and Eastlake trails Sectional Planning Area (SPA) plans and associated regulatory documents to modify the adopted Eastlake Comprehensive Affordable Housing Program and Eastlake Community Purpose Facilities Master Plan, c. PCM-00-19; amendments to the Eastlake III General Development Plan removing various floating land use designations, re-arranging the adopted residential and commercial land use districts, and establishing new land use districts at various locations within the GDP site. Also, adopting a new Sectional Planning Area (SPA) plan and associated regulatory documents, including Planned Community District Regulations, Design Guidelines, Public Facilities Financing Plan, and Affordable Housing Program for 748 acres known as Eastlake III SPA. DIRECTOR'S REPORT . Nomination of new Planning Commission Chair for FY 2001-02. COMMISSIONER COMMENTS: ADJOURNMENT: COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TDD) at 585-5647. California Relay Service is also available for the hearing impaired. PLANNING COMMISSION AGENDA STATEMENT Item: 1 Meeting Date: 6/27/01 ITEM TITLE: Public Hearing: Tentative Subdivision Map PCS-OI-07, to develop twelve lots for single-family homes, at the southern terminus of Cedar Avenue- Applicant: TNT Services. Developer requests approval for a 12 -lot subdivision known as Cedar Park, at the southern tern1inus of Cedar Avenue. The project site is located in an existing single-family residential zone (R-I-7), with a Montgomery Specific Plan Land Use Designation of LowlMedium Density Residential (6- II dwelling units per acre), and a General Plan Land Use Designation of Low Medium Residential (6 - II dwelling units per acre). BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission determined that the Initial Study was adequate and recommended adoption of a Mitigated Negative Declaration on May 14,200 I. The public comment period as noticed by the Environmental Review Coordinator regarding the Mitigated Negative Declaration (MND) ended on June 7, 2001. The final adoption of the MND is subject to review at the Planning Commission public hearing, with final approval at the City Council public hearing. RECOMMENDATION: That the Planning Commission adopt the Resolution PCS-OI-07 (attached) recommending adoption of the Mitigated Negative Declaration and approval ofthe Cedar Park Subdivision Map, subject to the conditions of approval (including the mitigation monitoring and reporting program measures). DISCUSSION: I. Site Characteristics The site is an unoccupied 2.43-acre L-shaped parcel at the terminus of Cedar Avenue, south of L Street, between Fifth Avenue and Broadway. With the exception of a wood-framed storage shed and a wood-framed greenhouse, the grass and dirt site, which was formerly a plant nursery, is currently vacant. Chain link and wooden fencing surrounds the property, which was previously graded, and ranges from 66.7 feet above mean sea level (AMSL) at the eastern property boundary to 61.2 feet AMSL at the western property boundary. The surrounding area is fully developed and existing back or side yards of single-family homes will abut the new subdivision. The existing homes front L Street to the north, Arizona Street to the south, Beech Avenue to the west, and Fifth Avenue to the east. / Page ~ Item: Meeting Date: 6/27/01 2. General Plan, Zoning and Land Use General Plan Zoning Current Land Use Site: North: South: East: West: Low Mediwn Residential Low Mediwn Residential Low Mediwn Residential Low Medium Residential Low Mediwn Residential R-l R-l R-l R-I R-l Vacant Undeveloped Land Single Family Residential Single Family Residential Single Family Residential Single Family Residential 3. Proposal The proposal is to develop twelve single-family residential lots, ranging from 6,000 to 8,992 sq. ft. (averaging 7,198 sq.ft.), on 2.43 acres, for a density of 4.94 dwelling units per gross acre. Additional fill soil (approximately 2,920-cubic yards) will be imported to level the lots on the west end of the parcel (lots I through 3). Six 3-bedroom and six 4-bedroom homes, ranging from 2,000 to 3,000 sq.ft. each, are proposed. Single-story homes will be built on the larger lots, such as lots 2, 9, and 12, and two-story homes on the other lots. Cedar Avenue, which runs south, will be extended to the east, and end in a cul-de-sac. Curb, gutter and sidewalk will be installed along both the existing and the new portion of Cedar Avenue. Street trees will be planted in a 5.5-foot-wide easement that will be dedicated to the city along the new portion of Cedar A venue. Other improvements will include public utilities, such as water and sewer, and drainage facilities. 4. Analysis The applicable R-I-7 standards require a subdivision to provide a minimwn of 7,000 sq. ft. per lot, but allow up to 10 percent to be reduced to a minimum of 5,000 sq.ft., and 20 percent to be reduced to a minimwn of 6,000 sq.ft., as long as the total average of all lots is at least 7,000 sq.ft. The average lot size in this subdivision is 7,198 sq.ft., and two lots (less than 20 percent) are 6,000 sq.ft. The standards also require the lots to have a minimum frontage width of 60 feet, unless the lots are panhandle, on a cul-de-sac, or have been approved by the Planning Commission or City Council. Lots 5 and 6 are the only lots that meet the 60-foot minimum width requirement. Two lots (2 and 12) are panhandle, and meet the minimum frontage width requirement of 15 feet, in accordance with the city's Subdivision Manual. And, approximately 25 feet (the rear yard) of Lot 12, which is 145-feet-long, is below the 60-foot minimum width requirement. Five lots (3, 7, 8, 9, & 10) are on a cul-de-sac or knuckle, and meet the minimum width requirement of 35 feet, in accordance with the city's Subdivision Manual. Near the eastern edge of Lot 3, a 15-foot.wide sewer easement runs from the street to the rear property line; however, the width of the lot is r2 Page ~ Item:__ Meeting Date: 6/27/01 adequate to build on without encroaching upon the easement. The remaining three lots (1, 4 and 11) fall slightly short of the minimum width requirements. Lot I is on a knuckle and is 33.27 feet wide, 1.73 feet short of the 35-foot requirement. Lot 4 is 57.76 feet, 2.24 feet short of the 60-foot requirement. And lot II is 50.17 feet, 9.83 feet short of the 60-foot requirement. These lots, and Lot 12, require approval by the Planning Commission or City Council, per Section 19.24.110 of the city's Municipal Code. The panhandle lots are subject to special requirements (Section 19.22.150 of the Municipal Code), including, but not limited to, providing one guest parking space, and erecting a five-foot high fence on each side of the driveway, behind the front setback and on those property lines abutting adjoining properties. Many of the lots are unusually shaped; therefore, building envelopes should be defined on each lot. CONCLUSION: The Cedar Park tentative subdivision will be an appropriate and positive use ofthe property in the R-I-7 zone, based on the required subdivision map findings and subject to the conditions of approval noted in the attached draft City Council Resolution. The development will create lots considerably larger than what is predominately available in eastern Chula Vista, and will provide needed new single-family housing opportunities for potential homeowners seeking to live closer to long established shopping areas, schools, parks, libraries, and job centers. Attachments: 1. Locator Map 2. Planning Commission Resolution 3. Draft City Council Resolution 4. Mitigated Negative Declaration 5. Disclosure Statement .3 -f\ "" A ~ ~ ~ ~ CHULA VISTA HIGH SCHOOL L STREET COMMUNITY CENTER ~ ~~ CHULA VISTA CHURCH OF CHRIST \ ~ ~O~:\ ~ CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT TNT S . I PROJECT DESCRIPTION: C) APPLlCAN-r. ervlces nc. SUBDIVISION PROJECT Cedar Avenue and L Street Request: Proposal for a 12 lot single family detached ADDRESS: subdivision with 2 car garages in the R1 zone. SCALE: FILE NUMBER: NORTH No Scale PCS-01-07 Related Case: 18-01-040 h:lhomelplanninglcarlosllocatorslpcs0107.cdr 03.01.01 -<, r ATTACHMENT 1 RESOLUTION NO, PCS-OI-07 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE THE CEDAR PARK TENTATIVE SUBDIVISION MAP, PCS 01-07, A 2,43-ACRE TWELVE LOT SUBDIVISION FOR SINGLE FAMILY DWELLING UNITS LOCATED AT THE SOUTHERN TERMINUS OF CEDAR A VENUE. WHEREAS, a duly verified application for a tentative subdivision map was filed with the City of Chula Vista Planning Department on February 8, 200] by Jeffrey Bender a.k.a. TNT Services, Inc. (developer); and WHEREAS, said developer requests permission to subdivide a 2.43 acre parcel into twelve lots for single-family dwelling units, located at the southern terminus of Cedar Avenue, between Broadway and Fifth Avenues, located within a single-family residential zone (R-]-7), within the Montgomery Specific Plan area with a Land Use Designation of LowlMedium Density Residential (6 - 1] dwelling units per acre), and within the General Plan Land Use Designation of Low Medium Residential (6 -1] dwelling units per acre), consisting of APN 6]8-06]-2300; and WHEREAS, the Resource Conservation Commission determined that the initial study was adequate and recommended adoption of a Mitigated Negative Declaration as to the effects of the proposal on the environment in compliance with the California Environmental Quality Act; and WHEREAS, the Planning Director set the time and place for a hearing on said tentative subdivision 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 residents within SOO-ft. of the exterior boundaries of the propel1y at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely June 27, 200] 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to subject application. NOW, THEREFORE, BE ]T RESOLVED THAT THE PLANN]NG COMMISSION does hereby recommend that the City Council adopt the Mitigated Negative Declaration and approve the Tentative Subdivision Map PCS-OI-07 in accordance with the tentative subdivision map findings and subject to the conditions of approval contained in the attached City Council Resolution. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANN]NG COMM]SSION OF CHULA VISTA, CALlFORN]A, this 27th day of June, 200], by the following vote, to-wit: AYES: NOES: ABSTA]N: Robert Thomas, Chair ATTEST: Diana Vargas, Secretary :) J:\PLANNING\KIM\PLANNING COMMISSION RESOLUTIONS\PCS-01-07 CEDAR PARK.DOC ATTACHMENT 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING CONDITIONS OF THE TENTATIVE SUBDIVISION MAP FOR CEDAR PARK, A 2.43-ACRE TWELVE LOT SUBDIVISION FOR SINGLE FAMILY DWELLING UNITS LOCATED AT THE SOUTHERN TERMINUS OF CEDAR AVENUE, CHULA VISTA TRACT NO. CVT 01-07. I. RECITALS A. Project Site WHEREAS, the area of land commonly known as "Cedar Park" Tentative Subdivision Map (PCS-01-07), Chula Vista Tract No. 01-07, which is the subject matter of this resolution, and is diagramrnatically represented in Exhibit "A" attached hereto and incorporated herein by this reference; and for the purpose of general description herein consists of 2.43 acres located at the southern terminus of Cedar Avenue, between Broadway and Fifth Avenues, located within a single-family residential zone (R-1-7), within the Montgornery Specific Plan area with a Land Use Designation of LowlMedium Density Residential (6 - 11 dwelling units per acre), and within the General Plan Land Use Designation of Low Mediurn Residential (6 - 11 dwelling units per acre), consisting of APN 618-061-2300 ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on February 8, 2001, Jeffrey Bender, a.k.a. TNT Services, Inc. ("Developer") filed a tentative subdivision map application with the Planning Division of the City of Chula Vista and requested approval of the Tentative Subdivision Map (PCS- 01-07) known as "Cedar Park," Chula Vista Tract No. 01-07, in order to subdivide the project site into twelve single-family residential lots ("Project"); and C. Environrnental Determination WHEREAS, the Resource Conservation Commission deterrnined that the Initial Study prepared by the Environmental Review Coordinator was adequate and recomrnended adoption of a Mitigated Negative Declaration on May 14, 2001, in cornpliance with the California Environrnental Quality Act. The Planning Comrnission recomrnended adoption of the same Mitigated Negative Declaration on June 27, 2001. D. Planning Commission Record on Application WHEREAS, the Planning Corn mission held an advertised public hearing on the said project on June 27, 2001 and voted X-X-X-X to recomrnend that the City Council approve the Project based on the findings and subject to the conditions listed below in accordance with Planning Cornrnission Resolution PCS-01-07; and (p ATTACHMENT 3 Resolution No. Page 2 E. City Council Record on Application WHEREAS, a duly called and noticed public hearing was held at the tirne and place as advertised on July _' 2001 in the Council Chambers, 276 Fourth Avenue before the City Council of the City of Chula Vista; to receive the recornmendation of the Planning Cornmission, and to hear public testimony with regard to the Project, and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine, and resolve as fOllows: II. PLANNING COMMISSION RECORD The proceedings and all evidence on the project introduced before the Planning Cornrnission at their public hearing on this project held on June 27, 2001 and the rninutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the environmental deterrnination of the Environrnental Review Coordinator, the Resource Conservation Cornrnission, and the Planning Cornrnission was reached in accordance with requirernents of the California Environmental Quality Act, the State EIR Guidelines, and the Environrnental Review Procedures of the City of Chula Vista. IV. INCORPORATION OF MITIGATION MEASURES The City does hereby adopt and incorporate herein as conditions for this approval all applicable mitigation rneasures, as set forth in the Environrnental Docurnent IS-01-040. V. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 664735 of the Subdivision Map Act, the City Council finds that "Cedar Park" Tentative Subdivision Map (PCS-01-07), Chula Vista Tract No. 01-07, as conditioned herein is in conformance with the various elements of the City's General Plan based on the following: 1. Land Use The General Plan Land Use Designation is Low Mediurn Residential (6 - 11 dwelling units per acre). The Montgomery Specific Plan Land Use Designation is Low/Medium Density Residential (6 - 11 dwelling units per acre). The proposed 12-lot subdivision is within the allowable density and perrnitted number of dwelling units. Therefore, as conditioned, the Project is in substantial compliance with the City's General Plan, and the Montgomery Specific Plan. 2. Circulation All of the on-site and off-site public streets required to serve the subdivision will be constructed or paid for by the developer in accordance with the Conditions of Approval. / Resolution No, Page 3 The public streets within the Project will be designed in accordance with the City design standards andlor requirements and provide for vehicular and pedestrian connections with adjacent streets. 3. Housing The housing provided within the Project will be market-rate housing. The Project will provide additional single-farnily horne ownership opportunities in an established western Chula Vista neighborhood, within the Montgomery Specific Plan area. 4. Conservation The Project site is known to have significant environmental irnpacts, which are addressed by the mitigation rneasures. The mitigation monitoring and reporting program is incorporated into the conditions of approval. 5. Parks and Recreation, Open Space The Project will be required to pay park acquisition and developrnent fees prior to approval of a final map. The individual lots possess large rear yard areas. 6. Seismic Safety The Project is in conformance with the goals and policies of the Seisrnic Element of the General Plan for this site. The site is not located adjacent to an identified or inferred geologic fault. 7. Safety The Project is within the General Plan standard for response time of both Police and Fire services. The ernergency services agencies have reviewed the proposed subdivision for conforrnance with City safety policies and have determined that the proposal meets the City Threshold Standards for emergency services. 8. Noise The Project will be required to rneet the residential standards of the General Plan's Noise Element and Municipal Code. The dwelling units will be required to rneet the Uniforrn Building Code standards with regard to acceptable interior noise levels. 9. Scenic Highway The Project does not abut a scenic route or gateway 10. Bicycle Routes The public street within and adjoining the Project does not included a designated bike route. g Resolution No. Page 4 11. Public Buildings No public buildings are planned or proposed for the Project. B. Pursuant to Governrnent Code Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environrnental resources. C. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the configuration, orientation, and topography of the site allows for the optimurn siting of lots for natural and passive heating and cooling opportunities and that the developrnent of the site will be subject to site plan and architectural review to insure the maximum utilization of natural and passive heating and cooling opportunities. D. The site is physically suitable for residential development and the proposal conforrns to all standards established by the City for such projects. E. The conditions herein irnposed on the grant of perrnit or other entitlernent herein contained is approxirnately proportional both in nature and extent to the irnpact created by the proposed developrnent BE IT FURTHER RESOLVED That the City Council does hereby approve the Project subject to the general and specific conditions set forth below: VI. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing Project is hereby conditioned as follows: Environmental: 1. All unpaved construction areas shall be sprinkled with water or other acceptable dust control agents during dust-generating activities to reduce dust emissions. Additional watering or dust control agents shall be applied during dry weather or windy days until dust ernissions are not visible. 2. Trucks hauling dirt and debris shall be properly covered to reduce windblown dust and spills. 3. A 20-rniles per hour (MPH) speed limit on unpaved surfaces in connection with the project shall be enforced. 4. On dry days, dirt and debris spilled onto paved surfaces shall be swept up immediately to reduce re-suspension of particulate rnatter caused by vehicle rnovernent. Approach routes to construction sites shall be cleaned daily of construction-related dirt in dry weather. 5. On-site stockpiles of excavated material shall be covered or watered. 6. Disturbed areas shall be hydro-seeded, landscaped, or developed as quickly as possible and as directed by the City to reduce dust generation. l' Resolution No. Page 5 7. Heavy-duty construction equipment with modified cornbustion/fuel injection systems for ernissions control shall be utilized during grading and construction activities. Catalytic reduction for gasoline-powered equiprnent shall be used. Also, construction equiprnent shall be equipped with pre-chamber diesel engines (or equivalent) together with proper rnaintenance and operation to reduce ernissions of nitrogen oxide, to the extent available and feasible. 8. On-site and off-site drainage facilities and improvernents to Cedar Avenue shall be constructed as required by the City approved grading/improvement plans. Enqineerinq: 9. Design and construct all street irnprovements in accordance with Chula Vista Design Standards, Chula Vista Street Standards, and the Chula Vista Subdivision Manual unless otherwise approved by the City Engineer. Obtain City Engineer approval of the detailed improvernent plans prepared by a registered civil engineer licensed in the State of California detailing horizontal and vertical alignment of said streets. Design transition to meet existing irnprovements in Cedar Avenue to the satisfaction of the City Engineer. Said irnprovements shall include, but not be limited to, asphalt-concrete pavernent, base, concrete curb, gutter sidewalk, pedestrian ramps, street signs, street narne signs, striping, sewer and water utilities, drainage facilities, street lights, and fire hydrants. 10. Guarantee prior to approval of the final rnap the construction of public street irnprovements deerned necessary to provide service to the subject subdivision in accordance with City standards. 11. Provide written verification to the City Engineer frorn Sweetwater Authority water district that the subdivision will be provided adequate water service and long-term water storage facilities. 12. Install fire hydrants as determined by the City Fire Marshal. Said hydrant locations shall be shown on the irnprovernent plans. 13. Submit grading plans prepared by a registered civil engineer for review and approval by the City Engineer. All grading and pad elevations shall be within two feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Director of Planning and Building. 14. Design all lot grading so that lot lines are located at the top of slopes. This rnay require the use of retaining walls along some lot lines. 15. Subrnit an erosion and sedirnentation control plan as part of the grading plans prepared by a registered civil engineer for review and approval by the City Engineer. 16. Show the location of cut and fill lines based on existing topography as part of the grading plans prepared by a registered civil engineer for review and approval by the City Engineer. 17. Subrnit a table listing for each of the proposed lots, and indicated whether the house structures for each of the proposed lots will be situated atop soils that are fill, cut, or a /() Resolution No. Page 6 transition between fill and cut (bisected by fill and cut soils) as a requirernent prior to the approval of the final rnap. 18. Submit a detailed geo-technical report prepared, signed and starnped by a registered civil engineer and a certified engineering geologist prior to approval of the grading plans and issuance of grading permit. 19. Subrnit a precise drainage study prepared by a registered civil engineer and approved by the City Engineer prior to issuance of a grading permit or any other developrnent permits. The design of the drainage facilities shall consider existing on-site and off-site drainage patterns. The drainage study shall show how downstream properties and storrn drainage facilities are irnpacted. The City Engineer shall approve the extent of the study. 20. Corn ply with all provIsions of the National Pollutant Discharge Elirnination System (NPDES) and the Clean Water Program during and after all phases of the developrnent process, including but not limited to: rough grading, construction of street and landscaping irnprovernents, and the construction of dwelling units. 21. Provide evidence of an existing sewer easement to the City of Chula Vista over the existing sewer line within Lot 3. If no such easernent exists, dedicate a 15-foot sewer easernent over the existing line on the final rnap. 22. Provide drivable access (H-20 wheel loading) to the existing sewer manhole along the southerly boundary within Lot 3 to the satisfaction of the City Engineer. 23. The termination point of the sewer line in Cedar Avenue shall be in the center of the cul- de-sac, not offset as shown on the Tentative Map. This will avoid excessively long sewer laterals from lots 7 and 8. 24. Provide a total of two 100-watt streetlights on Cedar Avenue within the subdivision. One at the entrance to the subdivision between lots 2 and 3 and one near the cul-de-sac by lot 11, as approved by the City Traffic Engineer. 25. Apply a surface treatment such as a fog seal to the existing asphalt on Cedar Avenue south of L Street in order to provide a uniforrn appearance to the entire street and for the purpose sealing existing cracks. 26. Re-stripe the median of L Street between Fifth Avenue and Broadway in order to provide a left turn pocket into Cedar Avenue to the satisfaction of the City Traffic Engineer. 27. Dedicate for public use all streets shown on the tentative map with the metes and bounds of the tentative subdivision map boundary. 28. Dedicate to the city a 5.5-foot-wide street tree planting and rnaintenance easernent along all public streets, between the curb, gutter and sidewalk, within the subdivision as shown on the tentative rnap. 29. Agree to defend, indernnify and hold harmless the City and its agents, officers, and employees frorn any clairn, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul any approval and entitlements by the II Resolution No. Page 7 City, including approval by its Planning Cornmission, City Council, or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Subdivision Map Act, and including challenges to the Initial Study and Mitigated Negative Declaration for the Project, provided the City promptly notifies the subdivide of any clairn, action or proceeding and on the further condition that the City fully cooperates in the defense. 30. Agree to hold the City harrnless from any liability for erosion, siltation, or increase flow of drainage resulting frorn this project. 31. Agree to ensure that all franchised cable television cornpanies are perrnitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television cornpanies who are, and remain in cornpliance with, all of the terms and conditions of the franchise and which are in further cornpliance with all other rules, regulations, ordinances, and procedures regulating and affecting the operation of cable television cornpanies as sarne may have been, or rnay from time to time be issued by the City of Chula Vista. 32. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83). 33. Submit copies of the final rnap and irnprovement plan in a digital format such as (DFX) graphic file prior to approval of the final map. Provide a CAD copy of the final map based on accurate coordinate geometry calculations and submit the information in accordance with the City guidelines for digital submittal in duplicate on a 3-1/2-inch HD floppy disk prior to the approval of the final rnap. Fire: 34. Any horne located rnore than 150 feet frorn the street to half the distance around the rear of the horne shall be provided with either a 20-foot driveway with 6-inch reinforced concrete, or a fire sprinkler system. PlanninQ: 35. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the final map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 36. The final rnap shall be prepared by a licensed civil engineer, and shall incorporate all the conditions of approval and be completed to the satisfaction of the Director of Planning and Building. 37. Prior to any use of the project site or issuance of any building permits, all conditions of approval shall be completed to the satisfaction of the Director of Planning and Building. 38. A conceptual landscape plan for the landscape parkway street tree planting shall be prepared by a registered Landscape Architect per the City's Landscape Manual and shall be submitted for review with the grading plan subrnittal and shall be subject to the approval of the City's Landscape Planner. /~ Resolution No. Page 8 39. Prior to issuance of grading permits, building envelopes shall be defined on each of the lots. 41. A fencing plan showing required fencing for panhandle lots (2 and 12) shall be submitted with the grading plan, and shall be reviewed and subject to the approval of the City's Landscape Planner. 42. Prior to issuance of building perrnits, the developer shall corne to an agreernent with the Sweetwater Union High School District, who is requesting that the project be annexed into the Community Facility District NO.1 O. 43. Prior to issuance of building permits, the developer shall pay all school fees and shall corne to an agreernent with the Chula Vista Elernentary School District who is requesting that the developer annex the project into their new generic Cornrnunity Facility District No. 10. 44. Ensure with all utilities that the location of all existing utility facilities will be protected in place prior to commencement of grading. All utilities shall be underground within the subdivision. 45. All Park and Recreation pad fees shall be paid at the issuance of the final map pursuant to Chapter 17.10 of the Chula Vista Municipal Code. 46. All building plans must comply with 1998 Energy requirements, 1998 Uniform Building Code, Uniforrn Mechanical Code, Uniforrn Plumbing Code, and 1998 National Electrical Code. 47. Approval of this tentative subdivision map shall not waive compliance with all sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances in effect at the tirne of building permit issuance. 48. Applicantloperator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council rnembers, officers, employees, agents and representatives, frorn and against any and all liabilities, losses, darnages, dernands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this tentative map, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. Applicantloperator shall acknowledge their agreernent to this provision by executing a copy of the tentative rnap conditions where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this tentative rnap and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. VII. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this docurnent by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this docurnent shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner andlor applicant, and a signed, stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the 13 Resolution No. Page 9 property owners/applicant's desire that the project, and the corresponding application for building permits andlor a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office and known as docurnent No. __ Signature of Property Owner Date VIII. 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 irnplemented and rnaintained according to their terms, the City shall have the right to revoke or rnodify 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 corn pel their compliance with said conditions or seek darnages for their violation. Developer or a successor in interest gains no vested rights by the City's approval of this Resolution. IX. 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 terrn, provision, and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are deterrnined by a Court of cornpetent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deerned to be autornatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: Robert A. Leiter Director of Planning & Building John M. Kaheny City Attorney /1 \ ----- \, \ \ \ _ \ CHULA VISTA - 0~. S~~~OL L STREEl -\ ~ COMMUNITY \1\ CENT:_ ~ 11"\_______ \ ~---------~ _______/~ I /-, I /~ /\ ~l-// ~ . d,,;,~/\/\\/\ ,"J:~"'i~'i:~", ~ /~I \ //~\\/~~~\t~ \ \-/'~/~\ \,3\-;/\\\ // \ \ --"\ ~, -~- \/" \ \~\ .... \ \ ,~-- '\ " \. \-- \ \ I I " I I, 1...-_\-..----\ \~I I \ '.---/\/ \ , \ \ ..---- \ \ \ ------\ \ ' '\ \ j/ .I\.j ,.........-\ II \.. \ --/ \ \ " \ '. r-."-/ \ \ \ \ ~ I".---J I()' ~\ \ II'~ u/-/~\ /-----\ ~~~~: I". ~ \ \ '---~~~\<.t.t.\ " .~\ ,....----.,;<~ 1\ \ ~ APARTMENTS j..------ II ~, i \7..0~,f>- S 'I, '" ,.1 /\ \\, II t\\ ~~.~~' ~ '.. i"-B: "'.--- \ I \ ' \ e= ARIZONA GARDEN ~\~N~ '\ . \ j/..-Y/~ ~/~ I. . / A~PARTMENTS / / \ \ ~ \, \/ _~ \ / \ i---,..-Y/ I 1,......--\ ---- \ \ I 1_________ \ ______ \ ~ ....______'< \ \(-/------- SOUTH BAY BAPTIST '1'/ ~ _ I I I, I I CHURCH \ \ \ \ \ ", \\ ,\\ \,. CAMELOT \\, \ APARTMENTS \ \ \~ \ \ \ ~~ '''-------- \ I " I I \~\ / ..---\, I I I ~ \ y C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT TNT S . I PROJECT OESCRIPTION: C) APPLICANT: ervlces nc. SUBDIVISION PROJECT Cedar Avenue and L Street Request: Proposal for a 12 lot single family detached ADDRESS: subdivision with 2 car garages in the R1 zone. SCALE: FILE NUMBER: NORTH No Scale PCS - 01 - 07 Related Case: 15-01-040 h:lhomelplanning\carlosllocatorslpcs0107.cdr 03.01.01 /) EXHmlT A Mitigated Negative Declaration PROJECT NAME: CEDAR PARK SUBDIVISION PROJECT LOCATION: TenTIinus of Cedar Avenue, South of"L" Street ASSESSOR'S PARCEL NO.: 618-061-23 PROJECT APPLICANT: Jefftey Bender CASE NO.: IS-Ol-040 DATE: May 8, 2001 A. Project Setting The 2.43-acre project site is a rectangular shaped parcel located at the tenTIinus of Cedar Avenue, South of "L" Street, between 5th Avenue and Broadway (see Exhibit A -Locator Map). The site is currently unoccupied and contains one wood-fi-amed storage shed, and a wood-fi-amed greenhouse. Chain link and wooden fencing surrounds the property. The surrounding area is fully developed with the following uses: North East West South Single-family residential; Single- family residential; Single-family residential; and Single-family residential. The site is gently sloping and contains non-native plant material. No listed plant or animal species is known to occupy the site or surrounding area. The site has been previously graded and no cultural or paleontological resources are known to be present. B. Project Description The proposed project is a 12-lot subdivision with a minimum lot size of7,000 sq.ft. (Exhibit B - Tentative Map); however, the Zoning Ordinance allows for 20% of the lots to have a minimum lot size of 6,000 sq.ft. The proposed lot sizes range fi-om a minimum of 6,000 sq.ft. to a maximum of 8,992 sq. ft. The average lot size is 7,198 sq.ft. and the proposed density is 4.94 duigross acre. Six 3-bedroom and six 4-bedroom single-family residences, ranging in size fi-om 2,000 to 3,000 sq.ft. are proposed. The size of the dwelling units would exceed code requirements and a maximum height of27 feet is proposed. Development of the site requires the importation 2,920 cu.yds. of fill material to create level building pads. Streets, sewer, stOnTI drainage, water, and other public utilities would be provided to each lot. I /tc 05/08/0 I ATTACHMENT 4 -f\ "'" -' ~ z ~ ~ CHULA VISTA HIGH SCHOOL L STREET COMMUNI1Y CENTER ~ ~ CHULA VISTA CHURCH OF CHRIST -\~iSS \/~ \~/ /S'\?'~~\ \ ~ IJ,OSS ------- CH U LA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT TNT S . I PROJECT DESCRIPTION: C) APPLICANT: ervlces nc. INITIAL STUDY PROJECT Cedar Avenue and L Street Request: Proposal for a 12 lot single family detached ADDRESS: subdivision with 2 car garages in the R1 zone. SCALE: FILE NUMBER: NORTH No Scale IS - 01 - 040 Related Case: PCS-01-07 h:\home\planning\carlosllocatorslis01040.cdr 03.01.01 I 7 ex.."r A C. Compliance with Zoning and Plans The proposed subdivision is consistent with the R-I-7 (Single-family Residential) zoning designation, which requires a minimum lot size of 7,000 sq.ft. The proposed project is also consistent with the LM (Low Medium Residential) General Plan designation (3-6 duigross ac.), and the City's environmental plans and policies. The project is located in the Montgomery Specific Planning Area, which designates the site as Low-Medium Residential (3-6 duiac). The proposed dwelling units are in compliance with the Municipa] Code and are subject to review and approval by the Design Review Committee. D. Public Comments On March 13, 200] a Notice of Initial Study was circulated to property owners with a 500- foot radius of the proposed project site. The public review period ended March 23, 2001. No written comments were received. E. Identification of Environmenta] Effects An Initial Study conducted by the City of Chu]a Vista (including an attached Environmental Checklist form) determined that although the proposed project could have a significant environmental effect, there will not be a significant effect in this case because mitigation measures described in Section F below have been added to the project. The preparation of an Environmental Impact Report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. L Air Quality Construction-Related Impacts The proposed project could generate sufficient emissions and dust during construction- related activities to result in a short-term significant, but mitigable, impact to air quality. During the construction phase of the project, short-term emissions of severa] types of air pollutants could occur. Dust could be generated by grading, and the combustion of fossil fuels by construction equipment could create emissions. Fugitive dust could also be created due to clearing, earth movement, and travel on unpaved surfaces. Although air quality impacts resulting from construction related emissions are potentially significant, they are considered short-term in duration since construction is a relatively short-term, on-time activity. Dust control during grading operations would be regulated in accordance with the rules and regulations of the San Diego Air Pollution Control District (APCD). During construction of the project, the project will be subject to mitigation measures outlined below in Section F. 2 /6 05/08/0 I 2. Water Drainage Patterns and Surface Runoff The proposed project will be constructed on fill with a maximum slope height of three feet; thus the building pads will be higher than the existing topography. The proposed grading of the site would result in runoff from the basin discharging into the storm drain at the intersection of Cedar Avenue and "L" Street (identified as PT #1 in the Drainage Study). As a result of the proposed development, the runoff at PT #1 will increase by l.57-cfs (20%). F. Mitigation Necessary to Avoid Significant Impacts Project-specific mitigation measures are required to reduce potential environmental impacts identified in the Initial Study to a less than significant level. The mitigation measures will be made a condition of approval, as well as requirements of the attached Mitigation Monitoring Program (Attachment "A"). AIR QUALITY Construction Related Impacts 1. All unpaved construction areas shall be sprinkled with water or other acceptable dust control agents during dust-generating activities to reduce dust emissions. Additional watering or dust control agents shall be applied during dry weather or windy days until dust emissions are not visible. 2. Trucks hauling dirt and debris shall be properly covered to reduce windblown dust and spills. 3. A 20-mile-per-hour speed limit on unpaved surfaces in connection with the project shall be enforced. 4. On dry days, dirt and debris spilled onto paved surfaces shall be swept up immediately to reduce re-suspension of particulate matter caused by vehicle movement. Approach routes to construction sites shall be cleaned daily of construction-related dirt in dry weather. 5. On-site stockpiles of excavated material shall be covered or watered. 6. Disturbed areas shall be hydro seeded, landscaped, or developed as quickly as possible and as directed by the City to reduce dust generation. 7. Heavy-duty construction equipment with modified combustion/fuel injection systems for emissions control shall be utilized during grading and construction activities. Catalytic reduction for gasoline-powered equipment shall be used. Also, construction equipment shall be equipped with prechamber diesel engines (or equivalent) together with proper maintenance and operation to reduce emissions of nitrogen oxide, to the extent available and feasible. 3 jCj 05/08/0 I ...._.____.. u__.__....._._....____.._..,..--._" WATER Drainage Patterns and Surface Runoff I. On-site and off-site drainage facilities and improvements to Cedar A venue shall be constructed as required by the City approved grading/improvement plans. measures required as stated in this Section (F) of this s~11 Die G. Consultation 1. City of Chula Vista: Marilyn R.F. Ponseggi, Planning Division Edalia Olivo-Gomez, Planning Division Doug Perry, Fire Marshall Samir Nuhaily, Engineering Department Beverly Blessent, Planning Division Ralph Leyva, Engineering Departinent M.J. Donnelly, Engineering Department Applicant's Agent: Jeffery Bender 2. Documents Chula Vista General Plan (1989) and EIR (1989) Title 19, Chula Vista Municipal Code, Septernber 1997 3. Initial Study This environmental detennination is based on the attached Initial Study, any comments received on the Initial Study and any comments received during the public review period for this negative declaration. The report reflects the independent judgement of the City ofChula Vista. Further infonnation regarding the environmental review of this project is available from the Chula Vista Planning Departinent, 276 Fourth Avenue, Chula Vista, CA 91910. ~~o~! tp~~. Environmental Review Coordinator Date: .5/7/0/ , I 4 cJ.D 05108/01 ~-"--~'._-'-'--'--'."-'~'--- .. .-- ATTACHMENT "A" MITIGATION MONITORING REPORTING PROGRAM (MMRP) Cedar Park Subdivision, IS-OI-040 This Mitigation Monitoring Program is prepared for the City of Chula Vista in conjunction with the proposed Cedar Park Subdivision project (IS-Ol-040). The proposed project has been evaluated in an Initial Study/Mitigated Negative Declaration (IS/MND) prepared in accordance with the California Environmental Quality Act (CEQA) and CitylState CEQA guidelines. The legislation requires public agencies to ensure that adequate mitigation measures are implemented and monitored on Mitigated Negative Declarations, such as IS-Ol-040. AB 3180 requires monitoring of potentially significant and/or significant environmental impacts. The Mitigation Monitoring Program for this project ensures adequate implementation of mitigation for the following potential impacts(s): 1. Air Quality. 2. Water. MONITORING PROGRAM Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinator shall be the Environmental Review Coordinator for the City of Chula Vista. It shall be the responsibility of the applicant to ensure that the conditions of the Mitigation Monitoring Reporting Program are met to the satisfaction of the Environmental Review Coordinator. Evidence in written fonn confinning compliance with the mitigation measures specified in MND/IS-OI-040 shall be provided by the applicant to the Environmental Review Coordinator. The Environmental Review Coordinator will thus provide the ultimate verification that the mitigation measures have been accomplished. Table I, Mitigation Monitoring and Reporting Checklist, lists the mitigation measures listed in Section E, Mitigation Necessary to Avoid Significant Effects, of the Mitigated Negative Declaration, which will be implemented as part of the project. In order to detennine if the applicant has implemented the measure, the method and timing of verification are identified, along with the City department or agency responsible for monitoring/verifying that the applicant has completed each mitigation measure. Space for the signature of the verifying person and the date of inspection is provided in the last column. (H:\home\planning\edalia\lS-OI-08 MMRP text.doc) c::2/ < - c <I) E .s:: u ctI - - < c .2 <II :~ "C .c :::I en ..II: ... ctI Q. ... ctI "C <I) (.) o ~ o . ...... o . en i!1 E..... ;>.. a.; oo~g=~~13. .J:J 1-0. ~ "0 o:oS p..~ ..... p..ooo~~o=-=]~ en l:I U U _~ ';> ~ ~ ~ ~ ,o=.gt:5~oo"Op.,...... ;.c8~.aiUC.c~ CU ~ ~ " ;::; ".!!, VJ9CiQa~"""=o .g :~ 00 "0 ~ -: .g .~ ~ ~ ;> '5 .g.~ ~ ~ ] -S-S CIS ..... ...... 1-0 en ~. 0 i5.. U CIS ~ ";:::I .a ..... 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'3 E ""'" .9 ~ 8 '" ~ :> '" 0 .... 0- ] .5 u~ e 01) o ...... .5 5.~"g .s 8 6h N v gp 0.. eo23 Case No.IS-Ol-040 ENVIRONMENTAL CHECKLIST FORM L Name of Proponent: TNT Services, Inc. 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Propoueut: 830 II th Street Imperial Beach, CA 91932 (619) 429-5651 4, Name of Proposal: Cedar Park Subdivision (PCS-OI-07) 5, Date of Checklist: May 8, 2001 Potentially Potentially Significant Less than Signlftcant Unless Significant No Impact Mitigated. Impact 1m.." L LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? 0 0 0 181 b) Conflict with applicable environmental plans or 0 0 0 181 policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations (e .g., 0 0 0 181 impacts to soils or farmlands, or impacts from incompatible land uses)? d) Disrupt or divide the physical arrangement of an 0 0 0 181 established community (including a low-income or minority community)? Comments: The proposed I2-1ot subdivision is consistent with the R-I (Single-family Residential) zoning designation, LM (Low Medium Residential) General Plan designation, and the City's environmental plans and policies. The project is also located in the Montgomery Specific Planning Area, which designates the site as Low-Mediurn Residential (3-6 du/ac). The site is an irregular-shaped parcel (APN 618-061-23) encompassing 2.43 acres. The site is currently unoccupied and contains one wood- framed storage shed, and a wood- framed greenhouse. Chain link and wooden fencing surrounds the property. The site was previously graded and used for agricultural pUIposes and as a plant nursery. The surrounding area is fully developed with urban uses. The proposed subdivision would not change the physical arrangement of the community. Mitigation: No mitigation is required. II. POPULATION AND HOUSING, Would the proposal: a) Cumulatively exceed official regional or local population projections? o o o 181 cJ.'I 518/01 c) Displace existing housing, especially affordable housing? Comments: The project is an infill development surrounded by existing residential development and does not involve an extension of public facilities that would induce substantial growth. No existing housing units would be displaced. Development of 12 single-family units is consistent with the General Plan and would not exceed the regional or local population projections. g) Exposure of people or property to geologic hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Comments: The site is essentially level, ranging ITom 66.7 feet above mean sea level (AMSL) at the eastern property boundary to 61.2 feet AMSL at the western property boundary. The site was previously graded and would be regraded by importing 2,920 cu. yds. of earth to elevate the western portion ofthe site so as to provide adequate drainage to the extension of Cedar Avenue. No erosion or sedimentation impacts are anticipated to result from grading of the site because: (1) Best Management Practices (BIY!Ps) are required to be implemented during and after construction; and (2) the maximum height of the fill slope is three feet. Best Management Practices include berms, hay bales, silt fences, dikes, and shoring, and protective devices at every storm drain inlet to prevent sediment from entering the storm drain system. Finish grading and planting will be accomplished prior to October I, or immediately upon completion of any slopes graded between October I and April I. b) Induce substantial growtti in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? Mitigation: No mitigation is required III. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Unstable earth conditions or changes in geologic substructures? b) Disruptions, displacements, compaction or overcovering of the soil? c) Change in topograptiy or ground surface relief features? d) The destruction, covering or modification of any unique geologic or physical features? e) Any increase in wind or water erosion of soils, either on or off the site? t) 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? 2 ~') Potentially Significant Impact PorenOODy Significant UDl~ Mitigated No Impact Less than Significant Impact o o III o o o III o 0 0 0 III 0 0 III [J 0 0 III IJ 0 0 0 181 0 0 0 181 0 0 0 181 '0 o C~ o 5/8/01 Pott'lltially Significanl Impart PuleotiaDy Signif1caDl Unl~ Mitigated No Impact usslbaD Significanl Impact The Engineering Department, as a standard requirement of grading permit approval, requires that a geotechnicaI/soils study be prepared and that the report's recommendations be incorporated into the final grading plan. All grading operations will be performed in compliance with the City of Chula Vista Grading Ordinance (Ordinance] 797, as amended). Potential long-term erosion impacts would be avoided through the planting and irrigation of slopes as required by the Chula Vista Landscape Manual and Grading Ordinance] 797, as amended by Ordinance ] 877. Landscaping will be installed as shown on the Conceptual Landscape Plan as approved by the City Landscape Architect. The site is not within a mapped Earthquake Fault Zone; the Rose Canyon Fault Zone is approximately 2] miles to the north, and the La Nacion earthquake fault is approximately three miles to the east. Compliance with the Uniform Building Code requirements would reduce potential geologic impacts to a less than significant level. No significant geophysical effects would result from construction of the subdivision. 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: The project site is not located within a mapped floodplain. Currently, Cedar Avenue between "L" Street and the project site is not fully improved. Existing surface run-off from the site includes drainage from areas to the south and east. The site is lower than the surrounding properties and has no outlet for drainage. A "Drainage Study" prepared by DGB Survey & Mapping (1/9/0]) for the proposed Mitigation: No mitigation measures are required. IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? b) Exposure of people or property to water related hazards such as flooding or tidal waves? c) Discharge into surface waters or other alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any water body? e) Changes in currents, or ttie course of direction of water movements, in either marine or fresh waters? t) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? 3 .~0 o 181 o o o o 181 o o o 181 o o o 181 o o o 181 o o o o 181 o o 181 o o o 181 o o o 181 o o o 181 o 5/8/0 ] Potentially Potentially Signilkant Less than Significant Unless Significant No Impact Mitigated Impact Impact project reports that under existing conditions the runofffTom the site during a 50-year storm is 3. 17 cubic feet per second (cfs). The proposed development would increase the runoff from the site to 4.74-cfs (an increase of 1.57 cfs). Existing runoff from the entire 5.36-acre drainage basin is 8.24-cfs and the post- development runoff would be 9.81-cfs (an increase of 1.57 cfs). The proposed project will be constructed on fill with a maximum slope height of three feet; thus the building pads will be higher than the existing topography. The proposed grading of the site would result in runoff from the basin discharging into the storm drain at the intersection of Cedar A venue and "L" Street (identified as PT #1 in the Drainage Study). The proposed development could result in a significant impact to the runoff at PT # I that will increase by 1.57 -cfs (20%). The Engineering Division reports there is an existing storm drain inlet located at the southeast corner of Cedar Avenue and "L" Street. Runoff will be adequately handled via the proposed surface drainage facilities without the need for an on-site detention facility. The Engineering Division reports that the Drainage Study has been adequately prepared for the purposes of a preliminary review. A final complete review will be completed when final grading and drainage plans for the subdivision are submitted. The Engineering Division reports that the 20% increase in runoff indicated in the Drainage Study should not affect local drainage facilities as long as the full street improvements on Cedar Avenue are constructed north to "L" Street. Off-site improvements will be required to convey the site runofffrom Cedar Avenue to "L" Street. The project proposes to improve the existing Cedar Avenue between the site and "L" Street with curbs, gutters and sidewalks. A standard Engineering Department condition of approval requires drainage improvements to be included on the first submittal of gradinglimprovement plans that identifies the method to be used to convey on-site surface water. A National Pollutant Discharge Elimination System (NPDES) General Permit is not required for storm water discharges associated with the project because the project will result in soils disturbance ofless than five acres. A Storm Water Pollution Plan (SWPP) is not required by Chula Vista Municipal Code (Section 14.20); however, the code requires the implementation of Best Management Practices to prevent pollution of storm drain facilities during and after construction. Development ofthe site would not impact groundwater quality or alter the quantity of ground waters.. No adverse impacts to water resources have been identified. Mitigation: Mitigation measures listed in Section XIX would reduce impacts to a less than significant level. b) Expose sensitive receptors to pollutants? c) Alter air movement, moisture, or temperature, or cause any change in climate, either locally or regionally? d) Create objectionable odors? e) Create a substantial increase in stationary or non- stationary sources of air emissions or the deterioration of ambient air quality? Comments: The proposed project would generate sufficient emissions and dust during construction- V, AIR QUALITY, Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? 4 0.7 0 III 0 0 0 0 0 I!II 0 0 0 I!II o o .j!] o o o 'j!] o 5/8/0 I PotentiaUy Potentially Significant Less than Significant Unless SignificltDt No Impact Mitigated Impact Impact related activities to result in a short-term significant, but mitigable, impacts to air quality. During construction, dust generated by grading and the combustion of fossil fuels by construction equipment would create emissions. Fugitive dust would also be created as a result of clearing, earth movement, and travel on unpaved surfaces. Although air quality impacts resulting fTom construction related emissions are potentially significant, they are considered short-term in duration since construction is a relatively short- term, one-time activity. Dust control during grading operations would be regulated in accordance with the rules and regulations ofthe San Diego Air Pollution Control District (APCD). During construction of the project, the project will be subject to mitigation measures outlined below in Section XIX. The proposed 12-unit subdivision is consistent with the City's General Plan and Regional Air Quality forecasts and would not substantially affect regional air quality. The project would generate an additional 120 average daily trips. The project would not alter air movements, humidity, or climatic temperature. The use and occupancy of the site as single-family residential development would not create objectionable odors or expose sensitive receptors to pollutants. Mitigation: Mitigation measures listed in Section XIX would reduce impacts to a less than significant level. d) Insufficient parking capacity on-site or off-site? e) Hazards or barriers for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? h) A "large project" under the Congestion Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) Comments: The City Engineering Division estimated that an additional 120 trips per day (ADT) would result fTom the residential project; the trip generation rate per unit is 10 trips per day. The additional 120 ADT would not change the LOS on "L" Street. The existing and project traffic volume on "L" Street would not exceed the city's Level of Service (LOS) design volume of LOS C. The proposed 12- unit residential project wouJd have a minimal effect on traffic patterns and volumes on the adjacent streets. 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? o o 181 [] o o o 181 0 0 0 181 0 0 0 181 0 0 0 181 0 0 0 181 o o o 181 .0 o o 1181 The City Engineering Department review ofthe site plan concluded that the proposed on-site circulation is adequate. The project would be required to install a curb, gutter and sidewalk along Cedar Avenue per City engineering standards. Twenty-four on-site enclosed parking spaces (two per unit) are shown on the 5 ,;) ;) 5/8/0 I Potentially Potentially Signiftcant Less than Sigllifkant Unless Significant No Impact Mitigated Impact Impact Tentative Map as required by the Zoning Ordinance parking. No hazards or barriers for pedestrians or bicyclists would be created by the proposed single-family project. No significant traffic related impacts would result. Mitigation: No mitigation measures are required. VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, sensitive species, species of concern 0 0 0 r;J or species that are candidates for listing? b) Locally designated species (e.g., heritage trees)? 0 0 0 IS! c) Locally designated natural communities (e.g., 0 0 0 r;J oak forest, coastal habitat, etc.)? d) Wetland tiabitat (e.g., marsh, riparian and vernal 0 0 0 r;J pool)? e) Wildlife dispersal or migration corridors? 0 0 0 r;J t) Affect regional habitat preservation planning 0 0 0 r;J efforts? Comments: The 2A-acre site is located in an urbanized area and has been disturbed by previous agricultural and plant nursery activities. Non-native weedy plants are scattered across the site. No listed plant or animal species are present. No significant biological impacts would result. Mitigation: No mitigation measures are required. VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? b) Use non-renewable resources in a wasteful and inefficient manner? o o o IS! o o o r;J c) If the site is designated for mineral resource protection, will this project impact this protection? Comments: The proposed project does not conflict with the recently adopted C02 Reduction Plan. The C02 Reduction Plan encourages infill housing. The in fill project will provide 12 housing opportunities for large families. The current use of the land provides no housing opportunities. The project proponent will provide curb, gutter, and sidewalk along the Cedar A venue that will aid pedestrian circulation in the project area. o o o r;J The proposed project is subject to compliance with Energy Requirements of the Uniform Building Code and therefore, should not result in the use of non-renewable resources in a wasteful and inefficient manner. The project is not located in an area designated for mineral resource protection as defined in the City's General Plan. Mitigation: No mitigation measures are required. 6 ~~7 5/8/01 IX. HAZARDS. Would 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 tiealth hazard or potential health hazard? Potentially Significant Impact Potentially Significant Unless Mitigated No Impact Less .han Significanl Import o o !OJ o 0 0 0 !OJ 0 0 0 ~ 0 0 0 181 0 0 0 I! d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? Comments: The site was fonnerly used for agriculture and as a plant nursery. A Phase I Environmental Assessment concluded that the property has not been significantly affected by environmental contamination. Soil sample tests confinn that chemical concentrations are well below Environmental Protection Agency (EP A) action levels. The County of San Diego Department of Environmental Health has detennined that the site does not pose a risk to human health. Hazardous materials would not be used in the residential development. There are no known potential health hazards in the vicinity of the project site. The project would not interfere with emergency response plans. The General Plan Public Safety Element designates "L" Street as an Evacuation Route. No significant hazard impacts would result from construction and occupancy of the residential project. Mitigation: No mitigation measures are required. X. NOISE. Would the proposal result in: a) Increases in existing noise levels? b) Exposure of people to severe noise levels? o IBI o o o o IBI o Comments: Noise impacts could occur during the construction period; however, these noise are considered to be less than significant due to their short-tenn nature and the intennittent periods of noise generation. Grading operations would occur between 7:00 a.m. aild 5 :00 p.m. Monday through Friday. Construction noise is exempt from the provisions of the City noise ordinance (see Municipal Code section ]9.68.060). Consequently, noise associated with construction and grading would be regulated by conditions included in the approved grading pennit. The 12-unit residential project and associated traffic would not result in a measurable increase in noise. There are no noise generators in the vicinity of the project. No significant Iong-tenn impacts would result from occupancy of the project. Mitigation: No mitigation measures are required. XI, PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: 7 '::>) ._~ ( 5/8/0] PoteDtiaUy Potentially SigDiftca.nt Less thRD SiguifiCRDt U'"'" Significant No Impact Mitigated Impact Impact a) Fire protection? 0 0 0 181 b) Police protection? 0 0 0 181 c) Schools? 0 0 181 0 d) Maintenance of public facilities, including roads? 0 0 0 181 e) Other governmental services? 0 0 0 181 Comments: The City Fire Marshall reported that the project would not result in an impact to fire services. The Police Department reported that the project would not impact police services. As a standard recommendation, the applicant is encouraged to incorporate "defensible space" design elements into the project to potentially minimize the need for police protection to the project site. School fees would be paid at the building permit stage in accord with provisions of state law. The Chula Vista Elementary School District recommends annexation of the project site to the District's Community Facilities District (CFD) No. lOin lieu of school fees. The Sweetwater Union High School District also recommends annexation of the project site to the District's Community Facilities District. However, under State Law the payment of school fees reduces impacts to school facilities to a level below significance. No new or altered public facilities or other governmental services would be required for the project. Mitigation: No mitigation measures are required. XII. Thresholds. Will the proposal adversely impact the City's Threshold Standards? As described below, the proposed project does not significantly impact any of the st:ven Threshold Standards. o o o 181 a) FirelEMS o o o 181 The Threshold Standards requires that fire 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 less in 75 % of the cases. The City of Chula Vista has indicated that this threshold standard will be met, since the nearest fire station is one-half mile away and would be associated with a two -minute response time. Comments: The firelEMS threshold would be met as reported by the Fire Department. Mitigation: No mitigation measures are required. b) Police o o o 181 The Threshold 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 I 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. Comments: The police threshold would be met as reported by the Police Department. Mitigation: No mitigation measures are required. c) Traffic o o o 181 1. City-wide: Maintain LOS "C" or better as measured by observed average travel speed on all signalized arterial segments except that during peak hours a LOS of "D" can occur for no more than any two hours of the day. 8 :3 / 5/8/01 PoteDlially Significanl Impact PutenliaBy SigniftcaDl U...... Mitigated """han SignificaDI Impact ,. Impact 2. West ofI-805: Those signalized intersections which do not meet the standard above may continue to operate at their current 1991 LOS, but shall not worsen. Comments: The project would generate 120 average daily trips. The Engineering Division reports that the City LOS C standard would be met on "L" Street. Mitigation: No mitigation measures are required. d) Parks/Recreation o o o I;J The Threshold Standard for Parks and Recreation is 3-acres/1,OOO population east ofI-805. The proposed project would comply with this Threshold Standard. Comments: The proposed project is located west on-80S, therefore, the Parks and Recreation Threshold Standard does not apply. Mitigation: No mitigation measures are required. e) Drainage o o o III 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. Comments: The Engineering Division has reviewed the Drainage Study and found that it complies with city requirernents. The Engineering Department will review final grading and improvement plans to insure that adequate drainage improvements are provided (see Section IV above). Mitigation: Mitigation measures listed in Section XIX would reduce impacts to a less than significant level. f) Sewer o o o 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. Comments: The City Engineering Department has detennined that sewer facilities are adequate to serve the project. Mitigation: No mitigation measures are required. g) Water o o o C~ The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and those water quality standards are not jeopardized during growth and construction. 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: The Sweetwater Authority has detennined that adequate water services are available to serve the project. 9 .-5~ 5/8/0 I Potentially Potentially Significant Less than Significant Un"" Significanl Nn Impact MItigated Impact Impact Mitigation: No mitigation measures are required. XIII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas? 0 0 0 I~ b) Communications systems? 0 0 0 181 c) Local or regional water treatment or distribution 0 0 0 181 facilities? d) Sewer or septic tanks? 0 0 0 f8I e) Storm water drainage? 0 0 0 f8I t) Solid waste disposal? 0 0 0 f8I Comments: The Sweetwater Authority (SW A) reports that water service is available to the site from a 6- inch main located in "L" Street. Fire flow requirements have been detennined to be adequate by the Fire Department and SW A. The proposed residential project would not require the installation of new systems or cause alteration to existing facilities. As noted in Sections IV and XII above, stonn water and sewer facilities are adequate to serve the site. Underground electrical and telephone services would be extended to the site from the nearest available power supply. The extension of services would not require new systems to be installed, or alterations of existing utilities. Mitigation: No mitigation measures are required. 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? o o o 1<1 b) Cause the destruction or modification of a scenic route? o o o C~ c) Have a demonstrable negative aesthetic effect? d) Create added light or glare sources that could increase the level of sky glow in an area or cause this project to fail to comply with Section 19.66.100 of the Chula Vista Municipal Code, Title 19? o o o 1<1 o o o 1<1 e) Reduce an additional amount of spill light? o o o 181 Comments: No adverse aesthetics impacts are anticipated because the site would not obstruct a scenic vista or view and the project site does not front on a scenic route. Implementation of City Code standards would minimize light and glare produced by the design of the project. No adverse impacts have been identified. The project requires review and approval by the City's Design Review Committee. Mitigation: No mitigation measures are required. XV. CULTURAL RESOURCES, Would the proposal: 10 33 5/8/01 a) Will the proposal result in the alteration of or the destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to cause a physical change that would affect unique ethnic cultural values? d) Will the proposal restrict existing religious or sacred uses within the potential impact area? e) Is the area identified on the City's General Plan ErR as an area of high potential for archeological resources? Potentially Significant Impact Potentially Significant U..... Mitigated No Impact LeSStlUUl SignifICant Impact o o o ~ o o o ~ o o o ~ o o o ~ o o ~ o Comments: The Conservation and Open Space Element ofthe General Plan does not identifY the project site or surrounding vicinity as an area of potential cultural resources. There are no known cultural resources in the project area and no significant impacts would result. XVI. PALEONTOLOGICAL RESOURCES, Will the proposal result in the alteration of or the destruction of paleontological resources? Comments: The Conservation and Open Space Element of the General Plan does not identify the project site or surrounding vicinity as an area of potential paleontological resources. There are no known paleontological resources on the site or in the adjacent area. Minimal cut grading is required and no significant impacts to paleontological resources are anticipated. Mitigation: No mitigation measures are required. o o o ~ Mitigation: No mitigation measures are required. XVII. RECREATION, Would the proposal: a) Increase the demand for neighborhood or 0 0 0 ~ regional parks or other recreational facilities? b) Affect existing recreational opportunities? 0 0 0 ~ Interfere with recreation parks & recreation plans or 0 0 0 ~ programs? Comments: The 12-unit residential project is expected to have 36 residents. Park land requirements for this population would be O. I a-acre. Park fees would be paid as required by City Ordinance. The project is consistent with the City's General Plan Parks and Recreation Element. No significant recreational impacts would result from the project. Mitigation: No mitigation measures are required. XVIII. MANDA TORY FINDINGS OF SIGNIFICANCE: See Negative Declaration for mandatory findings of II -=3 'I 5/8/01 significance. If an EIR is needed, this section should be completed. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods or California history or prehistory? Potentially Significant Im_ Potentially Significant V""" Mitigated No Impact Less Cban Significant Impact o o o I!I Comments: The vacant site is located in an urbanized area and was previously used for agricultural purposes and as a plant nursery. No sensitive plant or animal resources or historicallarchaeological resources are present. b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? Comments: Constructing a single-family residential project on the site would not affect long-term environmental goals of the City ofChula Vista in that the project site is not identified for preservation in the City's recently adopted Draft Multiple Species Conservation Program Subarea Plan and the project is consistent with the City's General Plan. c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Comments: The project site is in a fully developed urbanized area and development of the site would not result in cumulative environmental effects. d) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? Comments: No adverse effects on human beings are anticipated trom developing the site as a residential project. Mitigation: No mitigation measures are required. Mitigation: No mitigation measures are required. Mitigation: No mitigation measures are required. Mitigation: No mitigation measures are required. 12 :3', ~) o o o iii o o o I~ o iii o o 5/8/0 I XIX. PROJECT REVISIONS OR MITIGATION MEASURES: The following project revisions or mitigation measures have been incorporated into the project and will be implemented during the design, construction and operation of the project: AIR QUALITY Construction Related Impacts I. All unpaved construction areas shall be sprinkled with water or other acceptable dust control agents during dust-generating activities to reduce dust emissions. Additional watering or dust control agents shall be applied during dry weather or windy days until dust emissions are not visible. 2. Trucks hauling dirt and debris shall be properly covered to reduce windblown dust and spills. 3. A 20-rnile-per-hour speed limit on unpaved surfaces in connection with the project shall be enforced. 4. On dry days, dirt and debris spilled onto paved surfaces shall be swept up immediately to reduce re- suspension of particulate matter caused by vehicle movement. Approach routes to construction sites shall be cleaned daily of construction-related dirt in dry weather. 5. On-site stockpiles of excavated material shall be covered or watered. 6. Disturbed areas shall be hydroseeded, landscaped, or developed as quickly as possible and as directed by the City to reduce dust generation. 7. Heavy-duty construction equipment with modified combustion/fuel injection systems for emissions control shall be utilized during grading and construction activities. Catalytic reduction for gasoline- powered equipment shall be used. Also, construction equipment shall be equipped with prechamber diesel engines (or equivalent) together with proper maintenance WATER Drainage Patterns and Surface Runoff 1. On-site and off-site drainage facilities and improvements to Cedar Avenue shall be constructed as required by the City approved grading/improvement plans. 13 3~ 5/8/01 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 Declaration with the County Clerk shall indicate the Applicants' andlor Operator's desire that the Project be held in abeyance without approval and that Applicant(s) andlor Operator(s) shall apply for an Environmental Impact Report. ~)~ Date Printed Name and Title of [Operator if different from Property Owner] Signature of Authorized Representative of [Operator if different from Property Owner] Date 14 37 5/8/0 I XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. 0 Land Use and Planning 0 TransportationlCirculation 0 Public Services 0 Population and Housing 0 Biological Resources 0 Utilities and Service Systems 0 Geophysical 0 Energy and Mineral Resources 0 Aesthetics . Water 0 Hazards 0 Cultural Resources . Air Quality 0 Noise 0 Recreation o Paleontology 0 Mandatory Findings of Significance 15 :;''(; 5/8/01 XXII. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, 0 and a NEGATIVE DECLARA nON 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 DECLARA nON will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an 0 ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MA Y tiave a significant effect(s) on the environment, but at 0 least one effect: I) 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 0 (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. An addendum has been prepared to provide a record of this determination. ~~~ /2K/ c:;iJl'MxfS' Mari n R.F. onseggi v Environmental Review Coordinator ;;!Ybl Dat 16 39 5/8/01 Appendix B THE Cll .JF CHULA VISTA DISCLOSURE ST A, ...;MENT You are required to file a Staternent of Disclosure of certain ownership or financial interests, payrnents, or carnpaign contributions, on all rnatters which will require discretionary action on the part of the City Council, Planning Corn mission, and all other official bodies. The following information rnust be disclosed: 1. List the narnes 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, rnaterial supplier. TtJT Se.l'vi('t'!!"I..'/'Jt!.. VtU1j~ rnu),1!. 2. If any person' identified pursuant to (1) above is a corporation Dr partnership, list the names of all individuals owning rnore than 10% of the shares in the corporation Dr owning any partnership interest in the partnership. I') Dt,'t" 3. If any person' identified pursuant to (1) above is non-profit organization or a trust, list the narnes of any person serving as director of the non-profit organization or as trustee Dr beneficiary or trustor of the trust. (\(')ne. 4. Have you had rnore than $250 worth of business transacted with any mernber of the City staff, Boards, Cornrnissions, Cornrnittees, and Council within the past twelve months? Yes _ NO---A- If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, Dr independent contractors who you have assigned to represent you before the City in this rnatter. .je~ r,pnA -p, 6. Have you andlor your officers Dr agents, in the aggregate, contributed rnore than $1,OOO.JQ a Councilrnember in the current Dr preceding election period? Yes _ No i If yes, s~~wt:lich Councilrnernber(s): / / / , I I f Date: Jrd.( II I (NOTE: A TTACH ADDITIONAL PAGES 3!f jlEC'iSSAR Tu.TWtU V? -"70 * Person is defined as: "Any individual, firm, co-partnership, joint venture, association, social club, freaternal organize estate, trust, receiver, syndicate, this and any other county, city and country, city municipality, district, or other politica, A TT ACHMENT 5 other group or combination acting as a unit. " PLANNING COMMISSION AGENDA STATEMENT Item: ::l- Meeting Date: 6/27/01 ITEM TITLE: Public Hearing: PCC-01-76: Adoption of a resolution denying the establishment of a used car dealership located at 201 Broadway (southeast corner of Broadway and E Street) within the Commercial Thoroughfare (CT) Zone. The project applicant is proposing to establish a used car dealership on the site of a previously existing gas station located at the southeast corner of the intersection of Broadway and E Streets. No significant changes would be made to existing structures on the site. The project plans call for the placement of a maximum of 30 cars for sale on the lot. Staff has serious concerns regarding the desirability of the proposed car dealership at this highly visible location, and has recommended denial of the proposed Conditional Use Permit as submitted. The project is exempt from environmental review pursuant to the provisions of the California Environmental Quality Act (CEQA). Section 15303 Class 3 (c) of CEQA exempts minor changes in land use. RECOMMENDATION: I) That the Planning Commission adopt the attached resolution denying PCC-OI-76 (Attachment "A"). DISCUSSION: The project site is located at 201 Broadway within the Commercial Thoroughfare (CT) Zone. The subject property consists of an abandoned gas station (Union 76) with existing driveways located on both Broadway and E Streets. An existing one story building and two gas station canopies are located on the parcel. Surrounding uses consist of gas stations (northeast and northwest corners of Broadway and E Streets), an oil change business, an automobile parts store, and other commercial developments. A professional office (chiropractor) is located directly to the east of the site. According to the Zoning Code, "The purpose of the CT Zone is to provide for areas in appropriate locations adjacent to thoroughfares where activities dependent upon or catering to thoroughfare traffic may be established, maintained and protected. The regulations of this district are designed to encourage the cenlers for retail commercial, entertainment, automotive and other appropriate highway-related activities. " I PCC-01-76 June 27, 2001 Page 2 According to Section 19.14.030 of the Municipal Code, the Zoning Administrator is authorized to act on behalf of the Planning Commission in circumstances where the use to be considered does not involve the construction a new building or other substantial structural improvements, and where the proposed use would occur within an existing building. Since the proposed used car dealership would occur on an existing developed parcel and would utilize an existing building with no substantial structural improvements thereof, the application was submitted as an administrative conditional use permit. Section 19.14.050 of the Code states, however, that "The zoning administrator may, at his/her oplion, refer any mailer on which he/she is authorized to rule and/or issue a permit to the Planning Commission for review. " Due to the high visibility of the site and the negative visual impacts oftentimes associated with used car lots, staff has not been able to make the required findings to grant a conditional use permit. Rather than denying the administrative CUP request and the applicant subsequently appealing said denial to the Planning Commission, staff has determined that PCC-01-76 could be most expeditiously processed by taking the application directly to the Commission for review and consideration. ANALYSIS: Project Description: As stated above, the proposed conditional use permit consists of a request to establish a used car lot on the developed parcel. The project site plan depicts spaces for the sale of 20 vehicles on the lot. The project application states that up to 30 vehicles may be for sale at the business at anyone time. The existing building would be utilized as a sales office. With the exception of minor cosmetic changes such as limited exterior painting, no improvements would be made to the existing building. The applicants are planning to re-pave the site with asphalt. The site plan depicts the construction of a wrought iron fence with sliding gates along the eastern property line for security purposes. The proposed hours of operation for the used car dealership would be Monday to Friday 9 a.m. to 6 p.m., and Saturday and Sunday from 9 a.m. to 5 p.m. The business would have 4-5 employees on site at anyone time. The applicants have indicated that there would not be any vehicle repair work performed on site. Landscaping: The applicants have depicted the placement of palm trees at various locations on the site. No other landscape improvements have been proposed (see the attached memorandum from the City's landscape planner). If the applicant were to install a landscape buffer at the corner of Broadway and E Streets, and close the two existing driveways located closest to this corner, the negative visual impacts could be somewhat mitigated. c2 PCC-01-76 June 27, 2001 Page 3 Zonin!!;: The following table demonstrates the project's conformance with the development standards of the Commercial Thoroughfare Zone. STANDARDS REQUIRED PROPOSED Front yard setback 10 feet 56.5 feet Side yard setback o feet 2 feet Rear yard setback o feet 23 feet Floor Area Ratio NIA N/A Lot coverage 50% Maximum 30% Height 45 feet 16 feet Parking 4 spaces 4 spaces Si!!;na!!;e The building elevation drawings depict the placement of wall signs on the northern and southern elevations of the existing building. The signs would read "Bay View Motors." The applicants have indicated that they are also planning to re-face the existing pole sign located at the northwestern corner of the site. The existing pole sign consists of a rotating Union 76 ball type sign placed on top of an approximately l5-foot-high pole (the ball portion of the sign is currently being stored in the existing building). Staff believes that this type of sign is inappropriate for the proposed use and is not consistent with the City's Design Guidelines regarding signage. According to the City Design Guidelines, pole signs are "strongly discouraged." Required Findin!!;s for Conditional Use Permit Section 19.14.080 of the Municipal Code specifies the required findings that must be made in order to grant a conditional use permit. The required findings have been re-stated in bold type below. Staff suggested findings regarding PCC-01-76 have been provided below each required finding. I. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community, A used car lot located at the comer of Broadway and E Streets is not a necessary or desirable use. This is a highly visible "gateway" intersection within western ChuIa Vista. The City has initiated a streetscape program to upgrade and beautify E and H Streets because these thoroughfares are primary entry corridors to the City's Downtown and Mid-Bayfront areas. The establishment of a used car lot at this location would further detract from the visual quality of E Street and hinder on-going redevelopment efforts in western Chula Vista. The project site would be an ideal location for a high quality commercial development that could visually enhance and upgrade the subject parcel and the surrounding area. A used car dealership at this .3 PCC-01-76 June 27, 2001 location would preclude the establishment of higher and more desirable uses for the site for the immediate future, and discourage the redevelopment of neighboring properties. 2. That such use will not under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity, A used car dealership at this location would be injurious to property and improvements in the vicinity of the project site. The proposed use would serve to further delay the revitalization of the area surrounding the subject parcel because it is not a necessary or desirable use for the proposed location. The negative visual impacts associated with the used car dealership will detract from the aesthetic qualities of the surrounding area. The City's on-going revitalization efforts for neighboring redevelopment areas will be compromised by the negative visual impacts associated with this use. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed use would conform with City zoning regulations and building code requirements. 4. That the granting of this conditional use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The approval of this conditional use permit request would adversely affect adopted redevelopment plans within the City of Chula Vista. E Street serves as a major entryway to, and link between, the Mid Bayfront and Town Center I redevelopment areas. The proposed use would detract from revitalization efforts in these areas due to the negative visual impacts associated with the used car lot. A used car dealership at the intersection of E Street and Broadway would be highly visible and would not be consistent with the type of use or development that the City is actively promoting in nearby redevelopment areas. The used car dealership would also detract from redevelopment efforts since it is not the pedestrian oriented retail activity that the City is promoting in the Town Center and Bay Front redevelopment areas. Pedestrian oriented retail activities are vital to the City's on-going efforts to encourage investment in western Chula Vista. The proposed use would also adversely affect the Chula Vista General Plan. Goal 2 (Retail Commercial Development) Objective 9 of the Land Use Element of the General Plan states that retail commercial development should "Encourage the upgrading of older and/or marginal retail uses along Broadway and Main Street including, as appropriate, the development of professional office and multi-family residential. " Although the conversion of an abandoned gas station into a used car lot provides a revenue generating land use on the property, it is not a land use that would /f PCC-01-76 June 27, 2001 act as a catalyst to stimulate commercial development along Broadway. The potential exists for land uses at this important location that would substantially upgrade the project site and surrounding area. Appropriate development of the project site that i:s consistent with the goals and objectives of the Chula Vista General Plan could serve as a catalyst for the substantial improvement of the area surrounding Broadway and E Streets. A used car lot will not serve to promote the future redevelopment of this area. Section 7.4 of the Land Use Element of the General Plan addresses gateways and states that "A special trealment is considered to be appropriate to signifY the arrival at the city or arrival al the progression into an important element of the city. " The intersection of Broadway and E Streets is a focal point in the City and marks the motorist's arrival into downtown Chula Vista heading eastbound on E Street, and arrival at the Bayfront when traveling westbound on E Street. The site plan for the used car lot in no way specifies a "special treatment" for this parcel. A used car lot is not an appropriate use to signify one's arrival to important areas within the City. Goal 3 Objective 12 of the Central Chula Vista element of the General Plan states "Upgrade the quality of thoroughfare commercial on Broadway by encouraging developments on deep lots and with large setbacks, ample off-street parking, and landscaping. " The subject parcel lends itself to new commercial development. It is situated at one of the City's busiest intersections and is of sufficient size (14,000 square-feet) to accommodate a multi-tenant commercial building. The large lot size would allow a commercial development with ample parking and landscaping. The conversion of an abandoned gas station into a used car lot is not consistent with the intensity or quality of development encouraged by this goal. Conclusion: The intersection of Broadway and E Streets is a focal point for motorists entering and exiting western Chula Vista. During the past several years the City has actively promoted the improvement of the area surrounding the subject property and has worked to ensure that uses and developments occurring there are well planned and appropriate. The establishment of a used car lot at the intersection of Broadway and E Streets is not consistent with the quality of development which is being encouraged through current redevelopment efforts in both downtown Chula Vista and the Mid-Bayfront areas. Future redevelopment plans for the area served by the E Street corridor include the construction of mixed use projects at the site ofthe Old Corporation Yard and the Mid-Bayfront. Due to the importance of the E Street corridor, staff would encourage the Planning Commission to reject the proposed used car lot since this type of use could compromise the adopted Bayfront and Town Center I redevelopment plans, and not serve to stimulate the upgrading of surrounding properties. Attachment "A" - Draft resolution Attachment "B" - Department Comments j:planning/stevexp/pccOI76.rpt 5 ,~. \ I " > -- . PROJECT lOCATION ~ .</ ., \ . ~\' ~. ARCO \ GAS I STATION ,\ 'b'\ S"- RETAIL CENTER <:P 1> o '7' d ~ '7' .L, '"" ..0 '7 .p 1'> AUTO ZONE r AUTO PARIS "t. ../- ~~ -~..- VAGABOND MOTOR HOTEL \ I. ~~\' }. //C \ ..-----' \ \ ..' .' \ "\ \ 0jSY~ '\ v: MU!.TI FAMILY DWELLING --------- \ . \ \ \ \ . , ~ /.~ \ \\~ \ \ ~...-----' ,/ ',..-/ '7' r..P \ .__ \-;s:~\~ " ~P' \ --\ L. \ ".// \ \~ ..-//'/' \ t . \ / .. ~~ \ -~ \ , \/// \ \ /~ y" I \ /' \~ \ \\-~/ C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT JOHN/RAYMOND SIRY PROJECT DESCRIPTION: C) APPUCANT: CONDITIONAL USE PERMIT PROJECT 201 BROADWAY ADDRESS: Request: Proposal to convert gas station/convenient SCAlE: FILE NUMBER: store to used car dealership. NORTH No Scale PCG-01-76 RESOLUTION NO. PCC-01-76 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION DENYING PCC-01-76, A REQUEST TO ESTABLISH A USED CAR LOT (BAY VIEW MOTORS) LOCATED AT 201 E STREET. APPLICANTS; RAYMOND AND JOHN SIRY, WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on April 30, 2001 by Raymond and John Siry; and WHEREAS, said application requests permission to establish a used car lot located at 20 I E Street; and WHEREAS, the Environmental Review Coordinator has determined that the project is exempt from environmental review pursuant to Section 15303 3( c) ofthe California Environmental Quality Act; and WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit 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 residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was scheduled and advertised for June 27, 2001, 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to subject application. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby deny PCC-01-76 based upon the following findings: I. A used car lot located at the corner of Broadway and E Streets is not a necessary or desirable use. This is a highly visible "gateway" intersection within western Chula Vista. The City has initiated a streetscape program to upgrade and beautify E and H Streets because these thoroughfares are primary entry corridors to the City's Downtown and Mid-Bay Front areas. The establishment ofa used car lot at this location would further detract from the visual quality ofE Street and hinder on- going redevelopment efforts in western Chula Vista. The project site would be an ideal location for a high quality commercial development that could visually enhance and upgrade the subject parcel and the surrounding area. A used car dealership at this location would preclude the establishment of higher and more desirable uses for the site for the immediate future, and discourage the redevelopment of neighboring properties. 2. A used car dealership at this location would be injurious to property and improvements in the vicinity of the project site. The proposed use would serve to further delay the revitalization of the area surrounding the subject parcel because it is not a necessary or desirable use for the proposed location. The negative visual impacts associated with the used car dealership will detract ITom the aesthetic qualities of the surrounding area. The City's on-going revitalization efforts fjJr neighboring redevelopment areas will be compromised by the negative visual impacts associated with this use. PCC-01-76 June 27, 2001 3. The proposed use would conform with City zoning regulations and building code requirements. 4. The approval of this conditional use permit request would adversely affect adopted redevelopmmt plans within the City ofChula Vista. E Street serves as a major entryway to, and link between, the Mid Bay Front and Town Center I redevelopment areas. The proposed use would detract from revitalization efforts in these areas due to the negative visual impacts associated with the used car lot. A used car dealership at the intersection of E Street and Broadway would be highly visible and would not be consistent with the type of use or development that the City is actively promoting in nearby redevelopment areas. The used car dealership would also detract from redevelopment efforts since it is not the pedestrian oriented retail activity that the City is promoting in the Town Center and Bay Front redevelopment areas. Pedestrian oriented retail activities are vital to the City's on-going efforts to encourage investment in western Chula Vista. The proposed use would also adversely affect the Chula Vista General Plan. Goal 2 (Retail Commercial Development) Objective 9 of the Land Use Element ofthe General Plan states that retail commercial development should "Encourage the upgrading of older and/or marginal retail uses along Broadway and Main Street including, as appropriate, the development of professional office and multi-family residential. " Although the conversion of an abandoned gas station into a used car lot provides a revenue generating land use on the property, it is not a land use that would act as a catalyst to stimulate commercial development along Broadway. The potential exists for land uses at this important location that would substantially upgrade the project site and surrounding area. Appropriate development ofthe project site that is consistent with the goals and objectives of the Chula Vista General Plan could serve as a catalyst for the substantial improvement of the area surrounding Broadway and E Streets. A used car lot will not serve to promote the future redevelopment of this area. . Section 7.4 ofthe Land Use Element of the General Plan addresses gateways and states that "A special treatment is considered to be appropriate to signifY the arrival at the city or arrival at the progression into an important element of the city. "The intersection of Broadway and E Streets is a focal point in the City and marks the motorist's arrival into downtown Chula Vista heading eastbound on E Street, and arrival at the Bay Front when traveling westbound on E Street. The site plan for the used car lot in no way specifies a "special treatment" for this parcel. A used car lot is not an appropriate use to signify one's arrival to important areas within the City. Goal 3 Objective 12 ofthe Central Chula Vista element of the General Plan states "Upgrade the quality ()f thoroughfare commercial on Broadway by encouraging developments on deep lots and with large setbacks, ample ()ff-street parking, and landscaping. "The subject parcel lends itselfto new commercial development. It is situated at one of the City's busiest intersections and is of sufficient size (14,000 square-feet) to accommodate a multi-tenant commercial building. The large lot size would allow a commercial development with ample parking and landscaping. The conversion of an abandoned gas station into a used car lot is not consistent with the intensity or quality of development encouraged by this goal. PCC-01-76 June 27, 2001 BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Redevelopment Agency. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 27th day of June, 200 I, by the following vote, to-wit: AYES: NOES: ABSTAIN: ABSENT: Bob Thomas, Chair ATTEST: Diana Vargas, Secretary j:1 PLANNINGISTEVEXPlpccO 176.PCRES ~I~ --- ='=' atY cr CHULA VISIA Depa.rt:l:n.ent: of P1an.nin.g and Building Date: Monday, May 15, 2000 To: Steve Power, Associate Planner From: Garry B. Williams, Development Planning, Associate AS LA. '~..J ~. Subject: 201 Broadwav. Gas Station Conversion to Used Car Sales. PCC-01-76, Please receive my comments on the site plan and proposed use. The municipal code requires that any developed site address and include a minimum area of 15% for landscaping. I. A "planted" edge is needed along the Broadway and E Street frontage. This planted edge will serve as a visual buffer between the pedestrian right of way and the automobile display area. The planter shall begin at the backside of the existing sidewalk and end 10 feet inside to the property line. The planter may turn at an angle at the corner. 2. Both driveways located closest to the primary intersection should be closed to better serve the on-site display area and provide an uninterrupted continuous planted edge. This is more desirable than the driveways rernaining open. The driveway closures and planted areas will enhance the Broadway and E street corridor. 3. A professionally prepared landscape concept plan shall be submitted for review and approval prior to submittal of any building permits. 4. A detailed and professionally prepared landscape plan shall be submitted with building permit submittals. The landscape plans shall comply with the City's Landscape Manual requirements. (#31 :\Documentl) /0 Atta<<:hment "B" PLANNING COMMISSION AGENDA STATEMENT Item: 3 Meeting Date: June 27, 2001 ITEM TITLE: Public Hearing: Consideration of the Final Subsequent Environmental Impact Report (EIR 01-01) for the EastLake III Woods and Vistas Re-planning Program. A public hearing on the Draft of this SEIR was held by the Planning Commission on April 25, 2001, closing the public review period. Staff and the consultant, (RECON), with legal assistance from the law firm of Remy, Thomas & Moose, have prepared the Final SEIR, CEQA Findings of Fact, Statement of Overriding Considerations, Mitigation Monitoring Program, and Addendum. Resource Conservation Commission A meeting was scheduled for the Resource Conservation Commission's (RCC) review of the Final SEIR on June 18, 2001. After reviewing and discussing the document, the RCC detennined that the Final SEIR and Addendum are adequate and complete, and recommended certification of the Final SEIR and approval of the Addendum. DISCUSSION: Proposed Project The purpose of the proposed project is to replan the land use distribution for EastLake III through a General Development Plan (GDP) amendment, and to adopt a Sectional Planning Area (SPA) Plan for the Woods and Vistas with associated regulatory documents. Related actions include adoption of amendments to the General Plan Land Use and Circulation Elements and the EastLake II GDP. A conceptual tentative map for the Woods and Vistas is also evaluated in the SEIR, although it is not being considered for approval at this time. Subsequent EIR Requirement This document is a "Subsequent EIR," which means that it is tiered off previously prepared EIRs. The EastLake III project area has been previously addressed in severa.l environmental documents, including the original Master EIR for EastLake (EIR 81-3); ElRs for EastLake I GDP (84-1), EastLake III Olympic Training Center (89-9); and EastLake Business Center II Annexation Mitigated Negative Declaration (00-33). Comments on the Draft Subsequent EIR Letters of comment were received on the Draft SEIR from the following agencies and organizations: / Page 2, Item __ Meeting Date: June 27, 2001 Federal Aviation Committee (FAA California Department of Transportation California Department of Fish and Game California Department of Toxic Substances Control City of San Diego San Diego County Archaeological Society (SDCAC Sweetwater Valley Civic Association The letters and responses are included in the Final SEIR. Also included are the minutes from the Planning Commission public hearing on the Draft EIR and related responses to the Commission's comments. Additional Revisions to Draft Subsequent EIR Several corrections have been made to information contained in the Draft SEIR, and the Final SEIR reflects the corrected information. None of the corrections resulted in modifications to conclusions regarding the significance of impacts. The Errata in the final SEIR summarizes the corrections and related revisions. Seasonal fluctuations in narrow endemic plant species such as Otay tarplant are expected to occur. Greater numbers of individuals may occur in some years while reduced numbers may occur in other years. Because there is no way to identify a predictable count of individuals, the mitigation measure in the Final SEIR has been modified as described to require mitigation based on the results of a spring survey conducted prior to issuance of any grading permit or the clearing, grubbing, cutting or removal of vegetation, whichever comes first. Furthermore, in no event shall mitigation be based on less than 32 individuals. The applicant conducted a spring survey of Otay tarplant during June 2001. Preliminary results indicate that a greater number of tarplant individuals were observed during the 200 I survey than the survey conducted for the Draft EIR, although all of the individuals were located in the same area as in the earlier survey and the area of impact is not expanded. Based on preliminary results of the June 2001 survey, a greater number of individuals would be impacted by the project than the 32 impacted individuals identified in the Draft SEIR. However, the impact would still fall below the 20 percent take provision of the City's Multiple Species Conservation Plan. findings ofthe final Subsequent EIR Project level and cumulative impacts are identified and divided into three categories: significant and unmitigable to a less-than-significant level, significant and mitigable, and less than significant. All feasible mitigation measures have been incorporated into the project or made conditions of approval. Feasible mitigation measures are those that ar,e capable of being implemented. If they are infeasible, they cannot be implemented. A 2- _ _ ___ .__,,_ .____..__.___ ..___________~__"__n___~__.__..__".. ..__. Page 3, Item __ Meeting Date: June 27, 2001 more detailed analysis of some measures will be required at the time of approval of the tentative map or grading plan, (such as noise and geological mitigation measures). In order to approve the proposed project, a Statement of Overriding Considerations must be adopted. The Statement of Overriding Considerations is part of the proposed "Findings of Fact." The impact conclusions summarized below are based on the Final SEIR for the proposed project and previous EIRs. With the exception of cumulative traffic, air quality and landform alteration/visual quality, all significant impact can be feasibly mitigated to less than significant. Significant and Not Mitigable The significant, Ullmitigable impacts identified in the Final SEIR are either cumulative or regional in nature. Cumulative impacts are significant when the project is combined with other projects in the subregion, whereas an impact that is regional in nature is beyond the sole control of the City of Chula Vista. The reasons for the determination of significant and Ullmitigable are discussed below: Transportation/Traffic Circulation (cumulative) For the years 2005, 2010, 2015 and 2020, and the buildout scenario, significant cumulative impacts are identified for I-80S, between Bonita Road and Telegraph Canyon Road. The mitigation for these impacts is continued freeway planning efforts by Caltrans and SANDAG to determine acceptable mitigation strategies for the regional freeway system. Freeway improvements are regional in nature and beyond the control of either a single developer or the City. Therefore, the impacts to freeways are considered cumulatively significant and cannot be fully mitigated to a level ofless than significant. Air Quality (construction, project, and cumulative) The proposed project will generate air pollutants during construction as well as during long-term operation. Pollutants in the San Diego Air Basin exceed federa.l and state standards, and the basin is therefore classified a.s non-attainment. Any incremental increase in pollution, therefore, is considered a significant impact. The regional impact of the proposed project is beyond the control of the City and the applicant, and cannot be mitigated to a level less than significant. Landform Alteration/Visual Quality (cumulative) The proposed project, along with other development, will alter existing landforms and modifY the existing visual setting. Open expanses of rolling hills used for agricultural purposes will be developed with clustered residential, commercial and business areas separated by open space. The combined conversion of open space 3 Page 4, Item __ Meeting Date: June 27, 2001 from these projects represents a significant impact. Implementation of an alternative with reduced impacts is considered infeasible for specific economic, social, and environmental reasons. As a result, to approve the proposed project, the City must adopt a Statement of Overriding Considerations pursuant to CEQA Guidelines Sections 15043 and 15093, (see Section XI of the CEQA Findings). The Statement of Overriding Considerations identifies the substantial social, environmental and economic benefits that warrant overriding the significant, unmitigable impacts. This Statement allows the City to approve a project with significant environmental impacts that cannot be mitigated. Significanl Impacls Mitigated to Less- Than-Significant Impacts in the following categories for the EastLake III Replanning Program can be mitigated to a level below significance with implementation of mitigation measures Land Use (project) Transportation/Traffic Circulation (project and cumulative) Biological Resources (project) HydrologylDrainage (project) Landform Alteration/Visual Quality (project) Geology/Geologic Hazards (project) Noise (project) Cultural Resources/Paleontological Resources (project) Public Facilities Water (project) Recycled Water (project) Sewer (project and cumulative) Educational Facilities (project) Parks and Recreation (project) Police (project) Fire Protection (project) Impacts Less- Than-Significant Significant impacts were identified in all of the categories, and therefore none of the categories are listed below as less than significant. Subsequent EIR Addendum An Addendum to the Final Subsequent EIR has been prepared in accordance with Section 15164 of the CEQA Guidelines. The Addendum provides additional information and analysis concerning traffic impacts from the project. The traffic analysis in the Final Subsequent EIR is based in part on development according to proposed amendments to the Otay Ranch GDP pertaining to land use and circulation. However, the proposed amendments have not yet been considered for adoption. A traffic model was run recently tf Page 5, Item __ Meeting Date: Jnne 27, 2001 to determine the potential traffic impacts that would occur from EastLake III if the adopted Otay Ranch GDP were implemented instead of the proposed Otay Ranch GDP amendments. Analysis of the model indicates that traffic volumes and impacts occurring from the EastLake III project would be the same or less if the adopted Otay Ranch GDP was implemented instead of the proposed Otay Ranch GDP amendments. Conclusion All feasible mitigation measures with respect to project impacts have been included in the Final SEIR. Most direct and cumulative impacts can be mitigable to a level of less than significant, provided these measures are adopted. However, unmitigable direct and cumulative impacts remain in the areas of air quality, and cumulative unmitigable impacts remain in the areas of 1-805 traffic and landform alteration/visual quality. In the case of air quality and 1-805 traffic impacts, the issues are regional in nature and beyond the control of either the applicant or the City. In the case of the cumulative landform alteration/visual quality impacts, the opportunity to achieve substantial social, economie, and environmental benefits that outweigh the impact. Therefore, staff has included a Statement of Overriding Considerations in the Findings of Fact. The City has examined a reasonable range of alternatives to the proposed project, oth(,r than the proposed project described in the Final SEIR. Based on this examination, the City has determined that neither of the alternatives (I) meets the project objectives, and/or (2) is environmentally preferable to the project. Staff believes that the Final SEIR along with its Addendum meet the requirements of the California Environmental Quality Act (CEQA) and, therefore recommends that the Planning Commission recommend to the City Council that they find the Final SEIR and Addendum have been completed in compliance with CEQA and recommend adoption of the Draft Findings of Fact attached to this staff report. Attachments: 1. Final Subsequent EIR 01-01 A. Revised EIR Text B. Comments and Responses C. Errata D. Addendum to the Final EIR E. Mitigation Monitoring and Reporting Program 2. Planning Commission Resolution 3. Findings of Fact and Statement of Overriding Considerations J:\Planning\Joan\Final EIR -llearings\StaffReport-PC s RESOLUTION NO. EIR 01-01 RESOLUTION OF THE PLANNING COMMISSION OF CHULA VISTA CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (FEIR 01-01) FOR THE EASTALKE III WOODS AND VISTAS RE-PLANNING PROGRAM WITH ITS ATTENDANT ADDENDUM; MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, the EastLake Company submitted an application requesting approvals for amendments to the City of Chula Vista General Plan and EastLake III General Development Plan, and approval of a Sectional Planning Area Plan for the EastLake Woods and Vistas Neighborhoods ("Project"); and WHEREAS, a Draft EIR 01-01 was issued for public review on March 9, 2001 as was processed through the State Clearinghouse; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for Draft ErR 01-0 I on April 25, 200 I; WHEREAS, a Final Subsequent Environmental Impact Report (FEIR 01-01) was prepared on the EastLake III Woods and Vistas Replanning Program; and WHEREAS, FEIR 01-0 I incorporates, by reference, the prior EIRs that address the subject property including the Master EIR for EastLake (EIR 81-3, certified by th~ City Council in February 1982) and the EIR and Supplemental EIR for EastLake III Olympic Training Center (89-9, certified by the Chula Vista City Council in August, 1989) as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Programs; and WHEREAS, to the extent that the Findings of Fact and the Statement of Overriding Considerations for the Project, Exhibit "A" of this Resolution, a copy of which is on file in the office. of the City Clerk, known as Document Number, , conclude that proposed mitigation measures outlined in Final EIR 01-0 I are feasible and have not been modified, superseded or withdrawn, the City of Chul:a 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 "8" of this Resolution, a copy of which is on file in the office of the City Clerk, known as Document Number , are express conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings of Fact and will b,~ effectuated through the process of implementing the Project. {p NOW, THEREFORE, BE IT RESOL VED 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 hearings on Draft EIR 01-01 held on April 25, 2001 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 921000 et seq.). II. FEIR 01-01 CONTENTS That the FEIR 01-01 consists of the following: 1. Subsequent EIR for the EastLake III Woods and Vistas Re-planning Program (including technical appendices) and an Addendum; and 2. Public Comments and Responses to Comment (All hereafter collectively referred to as "FEIR 01-01") III. ACCOMPANYING DOCUMENTS TO FEIR 01-01 I. Mitigation Monitoring and Reporting Program; and 2. Findings of Fact and Statement of Overriding Considerations IV. CERTIFICATION OF COMPIANCE ENVIRONMENTAL QUALITY ACT WITH CALIFORNIA That the Planning Commission does hereby find that FEIR 01-01, the Findings of Fact and the Statement of Overriding Considerations (Exhibit "A" to this Resolution, know as Document Number -.--J, and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution, known as Document Number -------> are prepared in accordance with the requirement of CEQA (Pub. Resources Code, 921000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 915000 et seq.), and the Environmental Review Procedures of the City of Chula Vista. V. INDEPENDENT JUDGEMENT OF PLANNING COMMISSION 7 That the Planning Commission finds that the FEIR 0 I -01 reflects the independent judgment of the City of Chula Vista Planning Commission. VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPOTlNG PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS 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 everyone of the findings contained in the Findings of Fact, Exhibit "A" of this Resolution, known as Document Number ,a copy of which is on file in the office of the City Clerk. B. Statement of Overriding Considerations Even after the adoption of all feasible mt!igation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the project, or cumulatively, will remain. Therefore, the Planning Commission of the City of Chula Vista hereby issues, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations in the form set forth in Exhibit "A," known as Document Number , a copy of which is on file in the office of the City Clerk, identifying the specific economic, social and oth,:r considerations that render the unavoidable significant adverse environmental effects acceptable. C. Certain Mitigation Measures Feasible and Adopted As more fully identified and set forth in FEIR 0 I -0 I and in the Findings of Fact for this project, which is Exhibit "A" to this Resolution, known as Document No. _' 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. D. Infeasibility of Mitigation Measures As more fully identified and set forth in FEIR 01-01 and in the Findings of Fact for this project, which is Exhibit "A" to this Resolution, known as Document Number _, a copy of which is on file in the office of the City Clerk, certain mitigation measures described in the above-referenced documents are infeasible. ? E. Infeasibility of Alternatives As more fully identified and set forth in FEIR 01-01 and in the Findings of Fact, Section XII, for this project, which is Exhibit "A" to this Resolution, known as Document Number _' a copy of which is on file in the office of the City Clerk, the Planning Commission hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that alternatives to the project, which were identified as potentially feasible in FEIR 01-0 I, were not found to be feasible. F. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081.6, the Planning Commission recommends that the City Council adopt Mitigation Monitoring and Reporting Program ("Program") set forth in Exhibit "B" of this Resolution, known as Document Number _, 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 feasible mitigation measure identified in the Findings of Fact and the 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 921000 et seq.). BE IT FURTHER RESOL VED THAT the Planning Commission of the City of Chula Vista recommends to the City Council that FEIR 01-01 and the Findings of Fact and Statement of Overriding Considerations (Exhibit "A" to this Resolution, know as Document Number ), and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution, known as Document Number ) are prepared in accordance with the requirement of CEQA (Pub. Resources Code, 921000 et seq.), CEQA Guidelines (California Code Regs. Title 14 915000 et seq.), and the Environmental Review Procedures of the City of Chula Vista and therefore should be certified. BE IT FURTHER RESOL VED THAT a copy of this resolution be transmitted to the City Council. 9 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 2713th day of June, 2001, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Robert Thomas, Chairman Diana Vargas Secretary to Planning Commission Exhibit A Exhibit B Findings of Fact and Statement of Overriding Considerations Mitigation Monitoring and Reporting Program /D PLANNING COMMISSION AGENDA STATEMENT Item: Meeting Date: 06/27/01 7- ITEM TITLED PUBLIC HEARING: Consideration of the following application filed by The Eastlake Company involving 1030 acres known as EastLake III at the eastern end of the city boundaries, between the future alignment of Proctor Valley Road and the southerly end of Wueste Road; 455 acres known as the EastLake Trails; and 108 acres known as the "Southern Land Swap" parcel. a, GPA-OI-07; amendments to the Chula Vista General Plan Land Use Diagram removing various floating land use designations, re- arranging the adopted residential and commercial land use districts, and establishing new land use designations at various locations within the GDP site. Also, amending the Circulation Element to reflect the street network necessary to serve the proposed development. b. PCM-01-26; amendments to the Eastlake II General Development Plan, EastLake Greens and EastLake Trails Sectional Planning Area (SPA) plans and associated regulatory documents to modifY the adopted EastLake Comprehensive Affordable Housing Program and EastLake Community Purpose Facilities Master Plan. c. PCM-00-19; amendments to the EastLake III General Development Plan removing various floating land use designations, re-arranging the adopted residential and commercial land use Districts, and establishing new land use districts at various locations within the GDP site. Also, adopting a new Sectional Planning Area (SPA) plan and associated regulatory documents, including Planned Community District Regulations, Design Guidelines, Public Facilities Financing Plan, and Affordable Housing Program for 748 acres known as EstLake III SPA. 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 Greens and EastLake Trails Sectional Planning Area (SPA) plans and associated regulatory documents. The applications also include a new SPA for the third phase of EastLake, which is known as EastLake III. EastLake III contains two residential neighborhoods, EastLake Woods and EastLake Vistas, and is located east of the EastLake Business Center and Salt Creek open space corridor between Proctor Valley Road and the southerly end ofWueste Road. (see Locator). The amended sections of the Eastlake II General Development Plan, Eastlake Greens and EastLake Trails SPA, as proposed to be amended, are attached as Attachment 4 and 5. The EastLake III GDP, as proposed to be amended, the new SPA plan and accompanying documents, including: I) / .....__"..m_'.'".~_._..._______....,_._..,...~__ Page 2, Item: Meeting Date: 1i/77/flT EastLake III Planned Community District Regulations; 2) EastLake III Design Guidelines; 3) EastLake III Public Facilities Financing Plan; and 4) EastLake Affordable Housing Program, are attached in the Eastlake III binder (see Attachments 6). A Final Subsequent Environmental Impact Report for this Project (FSEIR 01-01) and Addendum has been previously certified by the Planning Commission and City Council, and therefore no further action is necessary. RECOMMENDATION: Adopt attached Resolution GPA-01-07, PCM-01-26, PCM-00-19 recommending that the City Council approve the proposed amendments to the General Plan, EastLake II and EastLake III General Development plans, Eastlake Greens and EastLake Trails Sectional Planning Area (SPA) Plans and associated regulatory documents, including the EastLake Comprehensive Affordable Housing Program and EastLake Community Purpose Facilities Master Plan. Also, approve a new Sectional Planning Area (SPA) plan for EastLake III, including Planned Community District Regulations, Public Facilities Financing Plan, Design Guidelines, and Affordable Housing Program in accordance with the findings and subject to the conditions contained therein. PUBLIC INPUT: A community meeting was held on June 7, 2001 at the Arroyo Vista Elementary School in EastLake. The presentation included an update of the traffic conditions east of I-80S and an overview of the proposed project. After staffs and EastLake representatives presentation, resident in attendance raised questions about the potential drainage runoff to the existing Otay Lakes, which are potable water reservoirs. Staff and EastLake representatives stated that the project had been designed to divert all urban runoff to the Salt Creek drainage basin located along the west side of EastLake III. Staff added that salt creek has also been designed with several detention basins to clean the water as much as possible. With regard to traffic, those in attendance expressed concern about the constant construction activities along Telegraph Canyon Road / Otay Lakes Road. Staff indicated that most of the construction is related to installation of public utilities, but that the construction is expected to conclude shortly. BACKGROUND The EastLake III General Development Plan was adopted by City Council in 1989 along with a Sectional Planning Area (SPA) plan for the Olympic Training Center (OTC). The OTC is currently the only development in EastLake III (see Figure I-A). The adopted EastLake III General Development Plan is proposed to be repealed and replaced with a more up to date document (see EastLake III binder, Attachment 6, General Development Plan tab). 2 c2 ....- ..__....._.w_."'_. '-'''--'-'---'''-'~'--r~'--- ,_,_"" Page 3, Item: Meeting Date: 1i/'J7/Dl In 1999, the City Council approved the transfer of 108 acres of Research and Limited Manufacturing !Tom EastLake III to EastLake II GDP (see Figure I-B). Approval of this transfer of land included a condition requiring EastLake to amend the EastLake III GDP to reflect the transfer ofland and adjustments in statistical data and text of such transfer. The proposed GDP amendments include said transfer of land. DISCUSSION: 1. Existing Site Characteristics The third and last phase of the EastLake Master Planned Community, EastLake III, is located at the east end of the city's jurisdictional boundaries, and consists of approximately 942 acres (1030 acres with the Business center) of gentle rolling hills, EastLake III contains four distinct planning areas: I) the Woods (East and West); 2) the Vistas; 3) the Olympic Training Center; and 4) "Panhandle" parcel (see Figure 2, EastLake III Components). The following paragraphs describe each of these planning areas separately and in more detail: The Woods East neighborhood is the portion of EastLake III, east of Hunte Parkway between the future alignment of Proctor Valley Road and Otay Lakes Road. The Woods West neighborhood is located on the west side of Hunte Parkway immediately adjacent to the EastLake Business Center. The existing terrain features gentle rolling hills with a north- to-south ridge along the center of Woods East (see Figure 3, Existing Terrain). Surrounding land uses include: the Upper and Lower Otay Lakes Reservoir to the east; the EastLake Business Center to the west; the future alignment of Proctor Valley Road and Rolling Hills Ranch Planned Community to the north; and Otay Lakes Road to the south. Access would be provided along each of the three major streets surrounding the property, Proctor Valley Road, Otay Lakes Road and Olympic Parkway (see Figure 4). C.V. Muni Code! Zoning Site PC South PC East PC West PC North PC WOODS NEIGHBORHOOD SITE Surrounding Land Uses General Plan Land Use Designation GDP Land Use District Designation Existing Land Use Low Density Residential (0-3 du'sI ac) Low Density Residential (0-3 du'sl ac) Open Space Low Density Residential (0-3 du'sI ac) Low Density Residential (0-3 du'sI ac) N/A Open Space Vacant Vacant Research and Ltd. Mfg. Research and Ltd. Mfg. Vacant Low Density Residential (0-3 du'sI ac) Low Density Residential (0-3 du'sl ac) Vacant 3 3 -_.__._._._-----------_._---.,.-,.~....'-_.._"_._... .-.. ..-... .....- Page 4, Item: Meeting Date: 6/77/fl 1 The Woods West neighborhood is an elongated parcel located on the west side of Hunte Parkway between Otay Lakes Road and the southern boundary of the Rolling Hills Ranch community (see Figure 3). The site terrain slopes 30- 50 ft west-to-east to Hunte Parkway, The site is limited to the north by the Rolling Hills community, to the West by the recently approved EastLake Business Center II located 20-30 above, to the South by Otay Lakes Road and to the east by Hunte Parkway. The Vistas Neighborhood is the portion of EastLake III located south ofOtay Lakes Road between Hunte Parkway and Wueste Road. The existing terrain continues the rolling hills, with the north-to-south ridge along the center of the property. This site is limited to the east by the Lower Otay Lakes Reservoir across Wueste Road; to the west by the Salt Creek open space corridor; to the south by Olympic Parkway and the Olympic Training Center (OTC); and to the north by Otay Lakes Road. Access to this neighborhood would be provided along Otay Lakes Road and Olympic Parkway (see Figure 4). VISTAS NEIGHBORHOOD SITE Surrounding Land Uses C.Y. Muni General Plan Land Use GDP Land Use District Existing Land Use Code! Zoning Designation Designation Site PC Low Density Residential Low Density Residential Vaeant (0-3 du's! ac) (0-3 du's! ac) South PC Public Quasi-public & camm. Public Quasi.public & camm. Sports Training High density Res High density Res facility East PC Open Space N/A Open Space West PC Open Space Open Space Open Space North PC Low Density Residential Low Density Residential Vaeant (0-3 du's! ac) (0-3 du's! ac) The Olympic Training Center (OTC) is the only adopted SPA and developed land in EastLake III. The OTC is limited to the east by the Lower Otay Lakes Reservoir; to the west by the Salt Creek open space corridor and Otay Ranch Master Planned community (Village 11); to the north by Olympic Parkway; and to the south by a 44-acre "Panhandle" parcel. This SPA is not proposed to be amended, and therefore is not addressed specifically in this report. The "Panhandle" is an elongated shape parcel south of the Olympic Training Center referred throughout the GDP and SPA documents as the "Panhandle" parcel. The site is presently vacant and features the same rolling hills topography ofthe Woods and Vistas sites. Access to this site is via a two-lane road known as Wueste Road (see Figure 4). 4 <I Page 5, Item: Meeting Date: /1/77/n! This site is not proposed to be included in the EastLake III SPA. Thus, a separate SPA plan would be required in the future for the development of this site. PANHANDLE SITE Surrounding Land Uses c.v. Muni General Plan Land Use GDP Land Use District Existing Land Use Code/ Zoning Designation Designation Site PC Parks and Recreation Park Vacant South PC NIA NIA Vaeant East PC Open Space NIA Open Space West PC Open Space NIA Open Space North PC Public Quasi-public Public Quasi~public Sports training facility 2. Project Description The EastLake III Replanning Program consists of rearranging the EastLake III GDP land use designations and establishing a new SPA plan for the Woods (East and West) and Vistas neighborhoods. To achieve the Replanning Program, the applicant is proposing to replace the adopted EastLake III General Development plan with a new, more up-to-date and efficient GDP document. The new GDP basically redistributes the same land uses and residential densities in a more cohesive land plan. The re-arrangement of land uses, changes in densities and permitted number of dwelling units require a General Plan amendment to reflect the new land use distribution, residential densities and other neighborhood support land uses. The Proposed General Development Plan incorporates the Community Purpose Facilities Master Plan adopted as part of the EastLake II GDP and EastLake Greens and EastLake Trails SPAs for the portion of the Greens known as the Southem "Land Swap" parcel, the EastLake Trails and EastLake III. These documents are being incorporated into the EastLake III GDP and SPA with minor amendments and updated statistical data, resulting rrom the increase in the number of dwelling units for EastLake III. Thus, in order to maintain internal consistency among the different documents governing the development of the EastLake Master Planned Community, the Applicant is also proposing amendments to the adopted EastLake II GDP and EastLake Greens and Trails SPAs. A strike-out/underlined version of the affected sections of the EastLake II GDP, and EastLake Greens and Trails SPAs are attached (see Attachment 4 and 5). The amendment to '-:) Page 6, Item: Meeting Date: h/77/nT the EastLake II GDP and EastLake Greens and Trails SPAs are discussed in more detail in the Analysis Section of this report, under Affordable Housing and Community Purpose Facilities. EastLake Woods (East and West) Under the adopted Eastlake III GDP, the Woods (East and West) is a 360-acre residential neighborhood designed to accommodate 667 dwelling units at densities ranging from Low (0-3 duiac) to Low Medium (6-11 duiac). With the exception of the Professional and Administrative Commercial and Research and Limited Manufacturing land uses, which are proposed to be deleted, the EastLake III Replanning Program features basically the same land use composition, but has been redesigned with smooth transitions among the different residential densities and non-residential land uses (see Figure SA). Three Public Quasi-public sites are included for an elementary school, a middle school and a fire station. The new GDP plan also includes a new internal circulation system with a single spine road to reduce the traffic speeds and be more pedestrian friendly. The proposed amendments for the Woods neighborhood are summarized as follows: General Plan Amendments: . Remove the Community Park floating land use designation (i.e. Land use designated by a circle in the General Plan Diagram and General Development Plan without specific delineation ofland area) at the southwest end and northwest comer of the Woods neighborhood and establish a more specific park site within the Vistas Neighborhood (see Figure 6). . Remove the elementary school, high school and neighborhood park floating land use designations, and establish Public Quasi-public sites for an elementary and middle high schools as shown in the proposed GDP (see Figure 6). . Incorporate a New Public Quasi-public site for a future fire station (see Figure 6). General Development Plan Amendments . Pursuant to recent City Council action transferring the westerly 88 acres of the Woods neighborhood, designated Research and Limited Manufacturing, from EastLake III to EastLake II GDP, relocate the existing EastLake III GDP boundaries to the westem edge of the residential area are referred to as EastLake Woods West. Also, adjust the statistical tables to reflect the reduction in acreage from 1030 to 942 acres (see Figure 5-A and 5-B). . Relocate the elementary and middle school sites (see Figure 5-A and 5-B). 6 6 Page 7, Item: Meeting Date: 11/77/{J 1 . Pursuant to recent City Council action converting 7 acres of Single Family Residential to Park in the Rolling Hills Ranch (RHR), and an agreement between the City and The EastLake Company to pay in-lieu fees for the park obligation in the Woods, remove the Park designation from the Woods. . Establish new Public Quasi-public land use Districts to relocate the elementary and middle schools, and a future fire station at the northwest comer ofOtay Lakes Road and the Woods entrance (see Figures 5A and 58). Vistas Neighborhood Under the adopted Eastlake III GDP, the Vistas is a 488-acre residential neighborhood designed to accommodate 1,394 dwelling units at densities ranging horn Low (0-3 duiac) to High (18-27 duiac). The land use composition, which also includes Retail and Tourist Commercial, Public Quasi-public and Open Space land uses, remains the same with the exception of a new neighborhood park site on the southern half of the Open Space area along the eastern edge, and the deletion of the Professional and Administrative Commercial land use designation (see Figure 5-A and 5-B). The proposed amendments for the Vistas neighborhood are summarized as follows: General Plan Amendments . Re-arrange the Medium High (11-18 duiac) and Medium density (6-11 duiac) residential and introduce a Retail Commercial component directly south. Change the westerly one half of the Vistas Neighborhood horn Low Density (0-3 dui ac) to Low Medium density residential (3-6 duiac) (see Figure 6). . Change the southerly one half of the open space area along the eastern edge of the Project from Open Space to Parks (see Figure 6). . Remove the Medium High, Professional and Administrative and Retail Commercial floating land use designations, and establish a new Public Quasi- public, and High Density Residential land uses for the portion of the Vista located on the south side of Olympic Parkway, west of the OTC main entrance (see Figure 6). . Remove the Visitor Commercial and Open Space floating land use designation, and establish a new Tourist Commercial land use designation for the portion of the Vistas on the south side of Olympic Parkway, east of the OTC main entrance. General Development Plan Amendments . Change the western half of the Vistas neighborhood from Low (0-3duiac) to Low Medium (3-6 duiac). 7 7 Page 8, Item: Meeting Date: n/77/D T . Re-arrange the Medium High (11-18 dulac) and Medium density (6-11 dulac) residential and introduce a Retail Commercial component directly south. Change the westerly half of the Vistas neighborhood from Low Density (0-3 dul ac) to Low Medium density residential (3-6 dulac) (see Figure SA and SB). . Change the southern half of the open space along the eastern edge of the Vistas neighborhood from Open Space to Park (see Figure SA and SB). . Change the Medium High floating land use designation to High density residential (18-27 du's I ac) within the specific boundaries shown in the proposed GDP, . Remove the Medium High, Professional and Administrative and Retail Commercial floating land use designations, and establish a new Public Quasi- public, and High Density Residential land uses for the portion of the Vista located on the south side of Olympic Parkway, west of the OTC main entrance. . Remove the Retail Commercial floating land use designation and establish a new Commercial retail land use designation on the north side of Olympic Parkway, directly across the OTC main entrance. . Remove the Visitor Commercial and open space floating land use designation, and establish a new Tourist Commercial land use designation for the portion of the Vistas on the south side of Olympic Parkway, east of the OTC main entrance "Panhandle" Parcel The proposal for this parcel is to change the present Park and Recreation land use designation to Public Quasi-public. The following table illustrates the statistical changes between the adopted and proposed Eastlake III General Development Plans. Eastlake III CDP Residential Statistical Changes LAND USE ADOPTED PROPOSED ADOPTED PROPOSED CATEGORY ACRES ACRES DU'S DU'S Low 0-3 du's/ac 336.0 298.2 746 650 Low Med 3-6 du's!ac 56.6 154.5 255 799 Medium 6-11 du's/ac 30.6 7.3 260 73 r . _._--,.~....."_._..._..., -..--.-------..--------;--..--- ...._~,-,_.__..,.,.,-"-- Page 9, Item: Meeting Date: 1i/77/f) T Med High 11-18 du's/ac 32.5 15.9 560 239 High 18M27 du'slac 0 12.3 0 300 Sub.total 455.7 488.2 1,767 2061 Average Residential Density = Adopted 3.87 du's/ac Proposed 4.22du's/ac. Change +-0.4 du'sJac Trails Non-residential Statistical Changes LAND USE ADOPTED PROPOSED CATEGORY ACRES ACRES Retail Comm'l 7.0 12.2 Open Space 196.4 137.8 Pub/Quasi-Pub 180.0 245.0 Parks and Rec 70.4 15.2 MajorCir. 0 25.516 Tourist Camm. 14.8 18.4 Prof. Admin 3.2 0 Res. & Ltd Mfg. 102.6 0 Sub.total 574.4 454.1 New EastLake III Sectional Planning Area (SPA) Plan The new SPA plan refines and implements the development concept of the EastLake III GDP, which itself refines the development designated for the project site in the Chula Vista General Plan, This SPA plan defines, in more detailed terms, the development parameters for EastLake III planned community, including the land use mix, design criteria, circulation pattern, open space and recreation concept and infrastructure requirements, The SPA is implemented through a series of documents, including: 1) Planned Community District Regulations; 2) Residential and Commercial Design Guidelines; 3) Public Facilities Finance Plan; 4) Air Quality Improvement Plan; 5) Water Conservation Plan; and 6) Affordable Housing Program (see Attachment 6, EastLake III GDP/SPA binder). ANALYSIS 1. General Plan Amendments The General Plan Amendments for the Woods neighborhood, which consist of basically 9 9' Page 10, Item: Meeting Date: 6/77/n 1 defining more precisely the land use distribution, are the result of a more accurate analysis of the subject site terrain, the surrounding land uses, current development market trends and a more cohesive land plan. As indicated above, the Low density residential, envisioned along the eastern edge of this neighborhood, overlooks the upper Otay Lakes reservoir and the mountains, the Low Medium adjacent to the easterly adjacent EastLake Business Center are maintained as prescribed in the General Plan. Thus, with the exception of re-arranging the school facilities, elimination of a neighborhood park site and establishing a new fire station site at the entrance to Woods East at Otay Lakes Road, the land uses, overall residential density and land use composition of the Woods are very similar to the previously adopted GDP. The proposed General Plan amendments in the Vistas are more extensive because of the need to integrate the Vistas land use plan with the westerly adjacent Salt Creek open space corridor, the EastLake Trails neighborhood, and the Olympic Training Center entrance. The General Plan designation of Low Density Residential is retained on the easterly half of the Vistas neighborhood, which has views of the Otay Reservoir. The westerly halfis proposed for Low Medium density to complement the residential products and densities presently being constructed in the Trails. The area adjacent to the OTC entrance is identified as the Community Activity Center in the adopted General Plan. The proposed General Plan amendments reconfigure the retail and Tourist Commercial, Community Purpose Facility and Multifamily residential land use districts to provide a more active core area around the OTC main entrance. The proposed General Plan amendment for the Panhandle parcel south of the OTC is to change the land use designation from Park to Public Quasi-Public. The reason for the change is primarily the relative location of the "Panhandle" lot as a neighborhood park for the EastLake III residential component. Neighborhood parks, as defined in the General Plan, serve local residents and are within walking distance from the households they intend to serve. Parkland should also be free of constraints such as steep slopes, utility easements, or any other restrictions. The "Panhandle" parcel, as depicted in the General Plan and EastLake III General Development Plan, is an elongated, irregular shaped parcel located approximately one mile south of Olympic Parkway and the residential component of the EastLake III Planned Community. The site terrain consist of north to south ridgeline with steep slopes on either side. The highest point is approximately 70 ft. above Wueste Road. The general location of the "Panhandle" site in relationship to the residential component of EastLake III, and the existing terrain are the underlying reasons supporting the land use change from Park to Public Quasi-public. The project park requirement would be met with a site ]0 If) Page 11, Item: Meeting Date: 6/77/fJT in the Vistas neighborhood and in-lieu park acquisition and development fees. The circulation element is also proposed to be amended to reflect the roadway reclassifications needed to mitigate cumulative traffic circulation impacts for Olympic Parkway from SR-125 to EastLake Parkway (this roadway will become a six lane Prime Arterial). Otay Lakes Road trom SR-125 to EastLake Parkway, which will change to a seven-lane Prime Arterial, and reclassification of the internal Vistas Spine Road from a Class I and Class II Collector to a Class III Collector (see Figure 7). The Public Facilities Finance Plan contains a more detailed discussion of the required circulation network for the project (see Attachment 6, Public Facilities Finance Plan). In staffs opinion, the proposed amendments to the Land Use Diagram and Circulation Element of the General Plan improves the quality of the overall plan and contributes significantly to advance to the city's goal of providing a wide range of housing types, including high-end housing opportunities, while also providing support uses for community residents and users and visitors to the OTC. 2, General Development Plan Amendments The proposed EastLake III General Development Plan (GDP) replaces the adopted 1990 EastLake III General Development Plan (see Attachment 6, Adopted General Development Plan). The new GDP serves as the policy bridge between the Chula Vista General Plan and the EastLake III SPA Plan. It also establishes land use designations; master planned community goals, and defines the type and intensity of development for the project. The new GDP also establishes specific goals for residential, commercial open space, parks and recreation to guide development in EastLake III. One of the major goals for EastLake III is to provide a full range of housing products, including a "Luxury Homes" neighborhood. This high-end housing component is intended to attract business owners that may establish their firms in the EastLake Business center, and live in EastLake. EastLake III Neighborhoods The EastLake III GDP residential neighborhoods include the Woods West, Woods East, and the Vistas. Non-residential land uses include: retail and tourist commercial, the Olympic Training Center and the Panhandle parcel south of the GTC. For the Woods neighborhood, the General Development Plan establishes Low Density (0- 3 dulac), Low Medium (3-6 dulac) Density Residential land use districts as well as community serving land uses such as: Community Purpose Facilities, Parks and Open Space, and Public Quasi-public for elementary school, middle school, and fire station sites. The Woods internal circulation system has been designed without major streets, to 11 1/ Page 12, Item: Meeting Date: 11/77/{J 1 reduce the traffic speed and be more pedestrian friendly (see Attachment 6, EastLake III GDP). The Vistas neighborhood establishes Low Density (0-3 du'sl ac) to High Density Residential (18-27 du's/ac) in addition to Retail and Tourist Commercial, Parks and Recreation, and Public Quasi-public land uses. As in the Woods, the Vistas internal circulation system has been designed without major streets to reduce the traffic speed and are more pedestrian friendly (see Figure SA). The southerly part of the Vistas, near the OTC, is the Activity Center. The Activity Center, which consists of small-scale retail and tourist commercial sites overlooking the Lower Otay Reservoir, and the surrounding multifamily sites. The Activity Center is intended to support the OTC residents and function as a neighborhood specialty center for Vistas residents The OTC is the only developed area within the EastLake III General Development Plan. The ISO-acre site has substantial development consisting of facilities for Olympic athletes who train at the facility and on the Lower Otay Reservoir year around. The main needs of the staff, athletes and support groups of the OTC are affordable housing, retail uses and visitor serving uses such as lodging facilities. The GDP designates this area as Public Quasi-Public, which is consistent with the above- mentioned General Plan amendment. However, since the parcel is not proposed for development at this time, a separate SPA plan will be prepared later for the development of this property. GDP Consistency with the General Plan Within both, the EastLake Woods and Vistas neighborhoods, the proposed land uses and development intensity will directly implement the provisions of the General Plan as amended. Within the Woods, all designated public facilities are located within the areas designated by the General Plan, and the permitted density and land use intensities are those prescribed in the General Plan, as amended. The proposed GDP fully implements the concept envisioned in the General Plan by providing the necessary standards and guidelines for the preparation of implementing plans and regulatory documents for the Woods and Vistas. An amendment to the adopted General Plan Diagram and Circulation Element of the General Plan is being processed concurrently, and is required to establish GDP consistency with the General Plan. The land use designations included in the EastLake III GDP are those that are proposed as an amendment to the General Plan Diagram. 12 IJ. ~... . n".'_'_,. _~~ Page 13, Item: Meeting Date: 6/77/fl 1 With the adoption of the proposed amendments to the Land Use Diagram and Circulation Element of the General Plan, the EastLake III General Development Plan will be in substantial conformance with the amended General Plan. 3. New EastLake III Spa Plan As an increment of the overall Eastlake Planned Community, the Eastlake III SPA is, to a large extent, an extension of the existing Eastlake Master Plan development, both in terms of design, planning policy and regulations. The SPA plan refines and implements the development concepts of the EastLake III General Development Plan, and implements the concepts of the City's General Plan. The new Eastlake III SPA is divided into two neighborhoods: Eastlake Woods on the north side ofOtay Lake Road and the Vistas Neighborhood on the south side. Combined, these two neighborhoods could accommodate a maximum of2,061 dwelling units at densities ranging from Low (0-3 du/ac) to High (18-27 du/ac). To complement the residential land uses, the SPA also features Retail and Tourist Commercial, Public Quasi-public, Parks and Open Space land use designations, all strategically arranged to achieve a cohesive and well balanced land plan (see Figure 5A). The Woods East neighborhood is layered in four lot categories, starting with 7,000 square foot lots near Salt Creek Corridor increasing in size to 8,000, 10,000, 20,000, to over an acre towards the eastern edge. This neighborhood features a winding, rural type road to serve the gate guarded custom lots overlooking the Upper Otay Reservoir. Woods East is compatible in use and density with the Low Residential (0-3 du/ac) Rolling Hills Ranch development to the north, and is slated to become the premier luxury home neighborhood in EastLake. The Woods West, which is located next to the EastLake Business Center, is designated as Low Medium Residential (3-6 du/ac), and features small single-family detached lots similar to development occurring further to north in Rolling Hills Ranch. The Vistas neighborhood continues the "Luxury Home" theme on the easterly half of the site with 7,000 to 10,000 square foot lots overlooking Lower Otay Reservoir. The westerly half of the Vistas site is devoted to entry-level single family detached homes facing Salt Creek and EastLake Trails neighborhood. The multifamily residential is provided in two categories: condominium sites at densities ranging from 10 to 15 du's per acre, and a multifamily site at a density of24 du's per acre. The condominium sites are located around the Retail Commercial site facing the single-family residential neighborhood to the north. Combined, the condominium sites could accommodate up to 312 dwelling units. The multifamily site is located on the south side of Olympic Parkway immediately west of the OTC main entrance and has capacity 13 13 . ....._..~.~._M._ ----,..--.-.....---..-.--- -.-.- Page 14, Item: Meeting Date: 6/77/nT for 300 dwelling units. The Vistas land use compositIOn and densities are intended to reflect the Trails neighborhood, which provides a wide range of single-family detached and attached products, as well as condominium sites in the Low and Low Medium to High Density land use designations. Urban Design The EastLake III SPA consists of two separate residential neighborhoods, the Woods and the Vista, a mixed-use Activity Core adjacent to the Olympic Training Center (OTC) entrance and two linear open space corridors. The EastLake Woods neighborhood is primarily a low density single family detached residential neighborhood with local, and some community serving, public facility sites. The low-medium area (Woods West) and the western portion of the Woods East are oriented to take advantage of views into the Salt Creek Greenbelt Corridor while the eastern portion of the Woods East is oriented to Upper Otay Reservoir. The EastLake Vistas neighborhood is more complex in that it includes low and medium- low density residential along with higher density residential and commercial uses to serve both the EastLake community and OTC residents and visitors. The northern portion of the neighborhood is a single family detached neighborhood similar to EastLake Woods and EastLake Trails, to the north and west respectively. The eastern portion is oriented to the views to Lower Otay Reservoir while the western portion is oriented toward Salt Creek. Medium, medium-high and high density residential uses (single family attached and multifamily product types) are clustered at the southern end of the neighborhood with commercial uses which, with the OTC, form the EastLake III/OTC Activity Center. The Activity Center, which is identified in the Chula Vista General Plan within the Eastern Territories Area Plan, is a social and activity focal point at the entrance to the Olympic Training Center. It is intended to serve visitors, residents of the training facility as well as the local community, providing goods and services related to the OTC use. Office uses could include administrative offices for the training center or related professions. However, it is not intended to be a traditional neighborhood commercial center. The Tourist Commercial development is envisioned as a low intensity commercial use, possibly a semi-destination resort type facility for use by visitors to the OTC or tourists/spectators attracted to activities at the site. Both the lake front setting and OTC facilities will help to establish the character for this facility. The two linear open space areas, which are branches of the Chula Vista Greenbelt, frame the development areas and connect the public and quasi-public use sites within the 14 IV . --'~'-'-----"-"'"-_._'---'---'.- ---...------.-----------------.---- -"-.---- . Page 15, Item: Meeting Date: 6/77/D T project. Within the EastLake Woods neighborhood, these uses are clustered along the Salt Creek Greenbelt with a junior high school site located to the north on the east side of the open space area and an elementary school site to the south, on the west side of the greenbelt at the intersection of Hunte Parkway and Otay Lakes Road. East of the elementary school, a fire station site and private recreation area are designated at the neighborhood entry from Otay Lakes Road. These uses extend along the corridor to the north into Rolling Hills Ranch where a community park and CPF site are located. The Salt Creek Greenbelt continues south on the western edge of the EastLake Vistas neighborhood containing a community park and private recreation center developed within the adjacent EastLake Trails neighborhood. A public park is located on the eastern edge of the EastLake Vistas neighborhood, within the Eastern Greenbelt branch, overlooking Lower Otay Reservoir. The Salt Creek park and greenbelt feature is the focal point for residential uses in the western half of the neighborhood, while the park and views to the lake and beyond are the focal points for the eastern half (see Figure 7, Community Structure) Circulation Major roads serving the EastLake III project include Otay Lakes Road, Olympic Parkway, Hunte Parkway and Proctor Valley Road. Wueste Road is the frontage road running along the west side of Lower Otay Reservoir, which provides access to the OTC, boating facilities, County Park. Otay Lakes Road will be widened to six lanes from Hunte Parkway to the entrance of the Vistas and then transition from six lanes to two lanes east of the intersection of Wueste Road. Olympic Parkway is already constructed to four lanes from Hunte Parkway to the OTC and it will transition to two lanes as it heads north up through the Vistas. Hunte Parkway is already fully improved from Proctor Valley Road to Olympic Parkway. Proctor Valley Road will be improved to four lanes from Hunte Parkway to the Woods entrance. No improvements are needed for Wueste Road due to the limited use ofthe roadway. Off site road improvements needed to serve regional needs in the future will be the construction of Olympic Parkway from Hunte Parkway to SR 125, partially as an eight- lane facility and partially as a six-lane facility. EastLake is obligated to start construction on this segment early next year. The other major off site road improvement will be the widening of Otay Lakes Road from SR-125 to EastLake Parkway to seven lanes. The traffic studies show a sufficient demand for an additional lane on the north side of the road to serve the future community shopping center and northbound traffic accessing future SR-125. 15 IS Page 16, Item: Meeting Date: Ii/? 7/01 Transit The transit plan for EastLake III consists of bus stops based on Green Car and Blue Car service concepts created by MTDB. The Green Car represents local circulators using mini to mid-size buses. The Green Car would act as a collector and provide feeder access to Blue Car (metropolitan buses) and/or Red Car concepts (fixed rail). These three levels of service are planned to work together to provide much better service within the local area connected to the longer trips provided by metropolitan buses and fixed rail. Parks and Open Space The Vistas Neighborhood Park is a 13.5 gross acre site overlooking the Lower Otay Reservoir. The idea is to reserve the best views of the water and mountains for the public and not restrict access by placing homes on the perimeter. The spine road serving the Vistas is a similar winding, scenic roadway with spectacular views of the Otay Reservoir, which gradually transitions into Olympic Parkway near the OTC. The combination of a strategically located spine road and the Vistas Neighborhood Park will take advantage of the best views for the residents and visitors alike. The community park will contain soccer fields, picnic pavilions; open play grounds, game courts and other amenities. However, the City is in the process of preparing a citywide parks master plan, which will outline more specifically the park design requirements. Since the City-wide Parks Master Plan has not been adopted by Council, staff has included a condition requiring the applicant to submit a letter acknowledging that the City is in the process of preparing a City-wide parks master plan and agreeing to comply and remain in compliance with the provisions and requirements of this plan. The citywide Greenbelt Trail, as shown in the Chula Vista General Plan, will be incorporated along the eastern side of the Salt Creek open space corridor and the eastern edge of the Vistas and Woods neighborhoods (see Section II.2.3.7, Bicycle Routes and Pedestrian Trails). As with the citywide parks master plan, the city is in the process of preparing a citywide greenbelt trail master plan, which will outline more specifically the design, construction and signage requirements for the greenbelt trail system. However, since the citywide greenbelt trails Master Plan has not been adopted by Council, staff has included a condition requiring the applicant to submit a letter acknowledging that the City is in the process of preparing a City-wide greenbelt trails master plan and agreeing to comply and remain in compliance with the provisions and requirements of this plan. Community Purpose Facility Master Plan The Chula Vista Municipal Code, Section 19.48.025, requires that all planned communities in the PC Zone provide a minimum of 1.39 acres of community purpose facilities (CPF) designated land per 1,000 populations. The acreage is to be designated and reserved for CPF specific land uses, including: Boy Scouts, Girl Scouts and similar organizations, senior care and recreation facilities, religious institutions, private schools, 16 /~ Page] 7, Item: Meeting Date: 6/77/nT for-profit and non-profit day-care facilities and other accessory uses to conditional permitted uses. Little League ball fields for non-profit organization could also be incorporated as conditional permitted uses, provided CPF master plan is adopted to distribute CPF sites throughout the GDPI SPA area, and ensure that the ball fields do not constitute more than 25% of the total CPF acreage requirement within the designated master plan area. In 1998, The City Council approved a CPF Master Plan for the remaining buildable areas of EastLake, which consists of the Trails SPA, The Land Swap parcels in the Greens SPA and The EastLake III SPA. The Master Pplan includes 6,647 dwelling units and designates four parcels with a combined acreage of 31.1 as CPF sites. In February ofthis year, the City Council approved a Zoning Text Amendment to change the allowable CPF acreage that can be used for recreational ball fields from 25% to 35%, and add for-profit day care as a conditional use in the CPF land use district. Thus, the adopted CPF Master Plan is proposed to be amended to incorporate the recently approved changes to the CPF Ordinance, adjust the CPF acreage requirement based on the increase in number of dwelling units, add for-profit day-care facilities to the list of conditional permitted uses, and identify a 10.8 acre CPF site on the south side of Olympic Parkway next to the OTC. (see Attachment 3, Eastlake III General Development Plan Section 1.1.11.3 ) The following table illustrates the total number of permitted units for each component of the CPF Master Plan, the CPF acreage distribution and the total CPF acreage requirement. Community Purpose Facilities Master Plan Acres Required SITE I SITE 2 SITE 3 & 4 EastLake II EastLake II EastLake !II Total Greens SPA * Trails SPA SPA - proposed Dwelling Units 3.443 1.143 2,061 6,647 CPF acldu 0.004003 0.004003 0.004003 Total CPF acres required 13.8 4.6 8.3 26.7 Total CPF acres provided 15.8 (+2 ac) 4.6 10.8 (+2.5) 31.1 (+4.4 ac) . Includes Land Swap Parcels 17 /7 Page 18, Item: Meeting Date: 6/77/0 T The EastLake II General Development Plan is proposed to be amended to reflect adjustment in CPF Master Planned amendments. Comprehensive Affordable Housing Program The EastLake Comprehensive Affordable Housing Program for the remaining buildable areas of the EastLake Planned Community was adopted by the City Council in 1998. The Program includes 3,954 dwelling units distributed in three separate SPAs: Eastlake III (Woods and Vistas), EastLake Trails and EastLake Greens ("Land Swap" parcels). Based on the housing program maximum number of dwelling units, the applicant is required to provide 396 affordable housing units (10% of the total), five percent (198) Low and 5% (198) for Moderate-income households. The construction of affordable housing units is described in detail in the Implementation Section of the proposed Eastlake Affordable Housing Program (see Attachment 6, Comprehensive Affordable Housing). The Moderate-income housing requirement is typically satisfied with market rate units and therefore no specific site is required. However, the low income housing units, which can be rental or for sale units, need a specific site. In the original Affordable Housing Program the low income housing units were proposed to be built in the Vistas, Woods and the "Land Swap" residential parcel. However, the Applicant is proposing to change the Woods Site for a similar site in the Trails. The applicant is also proposing to change the delivery of affordable housing units to fit the overall development-phasing plan. The proposed affordable housing phasing is described in more detail in Section 7.6.4.lofthe EastLake Affordable Housing Program. In order to guarantee the provision of affordable housing, the City requires that an affordable housing program and agreement be prepared and signed by the developer prior to or concurrent with approval of the first final map. This requirement has been incorporated in the SPA conditions of approval. The new sites selected for Low Income housing are illustrated in Figure 8 and more specifically described as follows: Site I (previously adopted) - this site is located within the Vistas neighborhood, south of Olympic Parkway in close proximity to the Olympic Training Center. The site is designated High Residential (18-27 dulac). Site 2 (new site) - this site is located On the north side of Club House Drive between Hunte Parkway and the Salt Creek open space corridor. The site is currently designated Medium Residential (6-11 dulac) and has been targeted for 90 multifamily dwelling units. Site 3 (previously adopted) - this site is located in the "Land Swap" area (Parcel R- 9) which is designated Medium High Residential (11-18 dulac). The low-income units will be integrated into the overall development of Parcel R-9 with the other 18 It Page 19, Item: Meeting Date: 6/77/01 market rate units. With the adoption of the above-mentioned Comprehensive Affordable Housing Program, the project will comply with the General Plan Housing Element requirement to provide 10 percent of the total number of dwelling units. Section 11.6 of the Trails SPA provides a detailed description of the Low and Moderate income housing requirement, the proposed implementation phasing and potential financing mechanisms. Public Facilities Finance Plan Potable and Recycled Water: EastLake III Planned community is located within the boundaries of central service area of the Otay Water District (OWD), which is responsible for providing water service in the eastern area of the City of Chula Vista. As part of the project, the applicant prepared a Sub-area Water Master Plan to determine the expected water consumption and the necessary infrastructure to deliver water service to future residents of East Lake III . The Water Sub-area Master Plan estimates that potable water demand for EastLake III SPA is approximately 917,000 gallons of potable water per average day, and 195,000 gallons of recycled water per average day for irrigation of common landscaped open space areas. The slope banks draining towards the Lower and Upper Otay Reservoir are planned to be irrigated with potable water to avoid potential contamination of the water reservoir. The average daily water demand for this slope bank areas has been included in the above potable water demand figure. The OWD has indicated that, based on the Water Sub-area Master plan prepared for the project, sufficient potable and recycled water supplies are planned to be available as demand is generated by the project. However, to insure that the proposed development will have water service available to serve future residents, a condition requiring formal approval of the EastLake III Water Sub-area Master Plan and a "will serve" letter by the Water District, prior to issuance of the first building permit for the initial phase of the project has been included in the Draft City Council Resolution. (see Section 11.2.7.2 to .4 in the EastLake III SPA, Attachment 6). Sewer; Sewer service for the EastLake III SPA is provided by the City ofChula Vista within the Salt Creek sewer basin. The sewer trunk within this basin is presently being planned and is expected to be completed and available for service some time in 2003. Development of EastLake III is expected to commence in 2002, and dwelling units occupied later the same year. The sewer study prepared for the project estimated that the project will generate approximately 661,591 gallons of wastewater per day. However, because the ]9 /1 __._u..__.~_._._._.,~,_._ ,.________...........,..-__._'.__.~__....... Page 20, Item: Meeting Date: 1i/?7 /nT Salt Creek sewer trunk will not be available when the first dwelling units in EastLake III are occupied, interim sewer pumping of project flows to sewer facilities in Telegraph Canyon and/or Poggi Canyon basins were analyzed as part of a sewer study for the project. The sewer study analyzes development of the project through 2005, and assumes that Phase I, which is expected to commence in 2002 and completed in 2003, will release 800 single family dwelling units, as well as the elementary and middle school sites (see Section 11.2.7.5 if the EastLake III SPA). To serve new residents and community facilities, the sewer study offered several interim sewer-pumping alternatives. These improvements are more specifically described in Section 11.2.7.5 of the EastLake III Sectional Planning area SPA plan and Section 4.4.8 of the Public Facilities Finance Plan. The City Engineer will detennine which alternative (Poggi Canyon or Telegraph Canyon) is more appropriate at the time EastLake fonnally request interim sewer service. Drainage: Since EastLake III is positioned on a humpbacked ridge between Salt Creek and Otay Reservoir. Diversion of drainage run-off to the Salt Creek drainage basin is proposed to avoid urban run-off onto the Upper and Lower Otay Lakes reservoirs. In recent years, the San Diego Regional Water Quality Control Board has enacted tough measures to reduce pollutants from being discharged into water bodies from point and non-point discharges. EastLake III will be required to obtain State and Federal pennits and observe the NPDES General Construction Activity Stonn Water Pennit and the Clean Water Act 401 Water Quality Certification requirements. The EastLake III project will divert drainage runoff approximately 243 acres to the Salt Creek basin. This diversion will be accomplished by grading the property so that it drains toward Salt Creek and by pumping run-off from the Otay Reservoir area to the Salt Creek basin in areas that cannot be diverted by grading. An agreement between EastLake and the City of San Diego will be negotiated to compensate for the loss of water being diverted from the Otay Reservoir. In addition, the detention basins in the Woods and the Trails along Salt Creek will limit the 100-year flood discharge to less than pre-development levels to protect downstream habitats from flooding and contamination. Transportation: The traffic study shows that the future development of the Eastern Territories is highly dependent on securing the completion ofSR-125. The capacity of the current and planned road system as measured from January 1,2000 is estimated to be 9,429 dwelling units. The capacity is expected to be reached in 2003 unless SR-125 is open or additional capacity is built on the local road system. 20 ;)j) Page 21, Item: Meeting Date: fi/77/nT Although SR -125 has received most of the required approvals to start construction, there is no certainty as to the completion of construction. It is estimated that if construction starts this year, SR-125 might be open in 2004. 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 EastLake III project will subject to the available cumulative capacity of 9,429 building permit; ifSR 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. Schools: The EastLake III SPA is located within the Sweetwater Union High School and the Chula Vista Elementary School Districts. The project is expected to generate 618 elementary school students, which is approximately the equivalent to an elementary school, and 206 middle school students. The SPA plan provides a 14.3-acre elementary school site at the southwest comer of the Woods neighborhood and a middle school to the north, adjacent to the Salt Creek Planned Community. Two high schools serve the area: EastLake and Bonita High Schools. The two school districts have indicated that the construction of these two schools in the Woods and the existing high schools in the vicinity will have sufficient capacity to accommodate the anticipated number of students generated by the project. However, the existing school fees do not produce adequate revenues to build new schools, so both school districts will use the Mello-Roos District to finance schools. Construction of the two planned school facilities is determined by the corresponding school district, based on their school construction-phasing schedule. Libraries: A new Library Master Plan Update was adopted by City Council in December 1998. The plan addresses library sitting, phasing, 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 sq. ft. in Rancho del Rey by the year 2005. With the construction of this facility, the 10,000 square foot EastLake library would most likely be closed. EastLake III does not include library facilities. Instead, the applicant would be required to pay Public Facilities DIF for library facilities. Fire and Emergency Medical Service Facilities: There are two fire facilities currently serving the EastLake community - Fire Station No.4, located at 861 Otay Lakes Road and Interim Fire Station No.6, located at 975 Lane 21 ;:Lj Page 22, Item: Meeting Date: tf/77/(}f Avenue. In the future, Fire Station No.4 will be relocated to 850 Paseo Ranchero, and Interim Fire Station No.6 will be relocated to Rolling Hills Ranch. A new permanent fire station (No. 6A) will be built north ofOtay Lakes Road within the Woods neighborhood. The project will be required to pay DIF fees in effect at the time of development. Police Facilities: Police facilities are provided from the Chula Vista Police Department located at City Hall. Based on statistical standards, the additional population will require an additional 2.8 officers (1.38 officers/1,OOO citizens) plus 3.5 support staff to maintain current levels of service. Provision of police facilities and services will be paid for by Development Impact Fees. Public Facilities Finance: The public facilities needed to serve the project will be paid for by the developer through subdivision exactions, Development Impact Fees, Assessment Districts or Mello Roos. 4. SPA Implementation Air Quality On November 14,2000, the City Council adopted the Carbon Dioxide (C02) Reduction Plan, which included implementation measures regarding transportation, energy efficient land use planning, and building construction measures for new development. It was recognized that the City's effort to reduce carbon dioxide emissions from new developments is directly related to energy conservation and air quality. As a result, the City is initiating a pilot study in order to develop specific guidelines for the preparation of Air Quality Improvement plans. The pilot study involves the development of a computer model to evaluate the relative effectiveness of applying various site design and energy conservation features in new developments. The pilot study will analyze and produce the corresponding Air Quality Improvement plan for the EastLake III SPA project. The attached City Council resolution contains a condition requiring the applicant to process an amendment to the SPA, incorporating the Air Quality Improvement Plan produced by the pilot study prior to, or concurrent with the project's Master Tentative Map. Water Conservation Plan The City is in the process of developing guidelines for the preparation and implementation of Water Conservation plans. This effort involves a pilot study to evaluate the relative effectiveness associated with the implementation of additional water conservation measures, beyond those currently mandated in EastLake III. The evaluation will encompass additional technical water saving devices, as well as expanded use of recycled water, and possibly gray water. The pilot study will provide information to be used in finalizing a Water Conservation Plan for EastLake III Project. The attached draft of the City Council Resolution contains a condition requiring the applicant to file an 22 ~ -- .-. -,-.-----.- ,_... _ ,.,"'_.__.__._---_._."'-,~.. ..-.'" "---T-' ....-. - -.-.,.-----,.......--..-,...-- Page 23, Item: MeetingDate: tf/77/(}f amendment to the SPA plan, incorporating the Water Conservation plan produced by the pilot study prior to or concurrent with the project's Master Tentative Map. Planned Community District Regulations The EastLake III Planned Community District Regulations function as zoning regulations. The PC District Regulations provide standards and regulations to guide the development of both projects. These regulations are applied in conjunction with the EastLake III Design Guidelines (see Attachment 6, Planned Community District Regulation). The Planned Community District Regulations contain a Building and Siting Plan (BSP) outlining the unique yard requirements and allowable building envelopes for lots within the RL-I land use district (" Luxury Homes"). These yard requirements are illustrated more specifically in Exhibit PC-2a through 21 of the Planned community District Regulations. The Exhibits were prepared using a conceptual tentative subdivision map and therefore the specific lot dimensions are not shown. Staff has included a condition requiring the applicant to revise the exhibits by adding the lot dimensions as approved in the tentative map. Design Guidelines The EastLake III Design Guidelines represent a significant advancement in tailoring the design of homes and businesses to meet a high standard of design for the project. The purpose of the guidelines is to guide the design of site plans, architecture, and landscape architecture within the project area. The residential design guidelines for the Vistas and Woods West were prepared utilizing the Greens and the Trails developments as a base. Special attention was devoted to enhancement of side and rear house elevations exposed to public view. Enhancement techniques for elevations include different roof planes intersecting at right angles, single story element for part of the house, and offset planes of at least 18 inches on the rear elevation. Enhancement techniques for rear elevations include balconies, window pop- outs, recessed windows, enhanced window surrounds, window shutters, cornices at rear eaves and other criteria. Silhouetted ridgeline housing will require special attention such as designing homes with different roof forms, using single story homes interspersed and other techniques to avoid ridgeline monotony. A special section in the Design Guidelines is devoted to EastLake Woods East. This is the luxury home neighborhood consisting of lots over I acre. The palette of architectural styles proposed for Woods East has a historic background and precedence in the San Diego area. The styles include American Colonial, Cape Cod, Craftsman, Monterey, European Cottage, European Estate, Italianate, Spanish Revival, Southwest Adobe Contemporary, Spanish Eclectic, Mission Italianate, and Gill Inspired. Principle design 23 ~J Page 24, Item: Meeting Date: tf/77/(}f criteria features include single story elements, recessed front second story, rear articulation, porches, roof forms, wrapping trim, garage treatments, variable garage setbacks, and plotting and massing criteria for each parcel in Woods East. Each parcel is allocated permitted architectural styles that will add character and a higher degree of value to the community. The multi-family, retail and tourist commercial parcels in the Vistas will be guided by the Design Guidelines criteria for site planning, architecture, building material and colors and special conditions. The Planned Community District Regulations contain detailed requirements for Zoning Administrator Site Plan and Architectural Review and for Design Committee Review of the buildings and other improvements together with required findings that the project is consistent with the EastLake III Design Guidelines. This new requirement will ensure that all of EastLake III is built in accordance with the principles and other criteria contained in the Design Guidelines (see Attachment 6, Design Guidelines). Community Fencing: One of the most dominant visual elements of a planned community is its fencing. The EastLake III fencing plan outlines several types of fences to serve a particular purpose, sound attenuation, privacy, view screening, etc. Exhibit 17 in the Design Guidelines outlines more specifically the fencing type that will be used along visually sensitive edges of the proj ect. Staff endorses the overall fencing program, but recommends that decorative fencing be also included along the edges of the school site exposed to public view. Staff also recommends that the elementary school walls along Hunte Parkway and Otay Lakes Road be within an open space lot and maintained by the Home Owners Association. 5. SPA Plan Consistency with the General Development Plan Within both, the EastLake Woods and Vistas neighborhoods, the proposed land uses and development intensities directly implement the provisions of the General Development Plan as amended. All designated public facilities are located within the areas designated by the General Development Plan, and the permitted density and land use intensities are those prescribed therein. With the adoption of the proposed General Development Plan amendments for EastLake III, the EastLake III SPA will be consistent with the amended EastLake III General Development Plan and therefore consistent with the General Plan. 24 c2y .,..__. ___. __'___m__.",u__., _',,__ Page 25, Item: Meeting Date: tf/77/fl 1 6. Growth Management Ordinance Evaluation Standards adopted by City Policy require that the project be analyzed to determine whether the approval of the project, as conditioned, will have an adverse impact on the adopted threshold standards. A review of the SEIR, PFFP and other supporting SPA documents provide evidence that the project is consistent with the adopted threshold standards of the City. An analysis of thresholds in contained in the environmental document SEIR- 97-04 and Public Facilities Finance Plan (see Attachment 6) CONCLUSION For the reasons stated above, as well as the recommendations of special districts and other governmental agencies, staff has concluded that the EastLake Replanning Program, described and evaluated in this report, reflects sound planning principles and is consistent with adopted plans and ordinances of the City ofChula Vista. Attachments 1 Planning Commission Resolution 2. Draft City Council Resolutions and Ordinance 3. Figures 4. EastLake Comprehensive Affordable Housing Program 5. Community Purpose Facilities Master Plan 6. EastLake III Binder 7. Disclosure Statement 25 02S- Attachment 1 Planning Commission Resolution c.2(p RESOLUTION NO. GPA-OI-07/PCM-01-26/PCM-00-19 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMEDING THAT THE CITY COUNCIL APPROVE AMENDMENTS TO THE CHULA VISTA GENERAL PLAN, EASTLAKE II AND III GENERAL DEVELOPMENT PLANS, EASTLAKE GREENS AND TRAILS SECTIONAL PLANNING AREA (SPA) PLANS. ALSO, ADOPTING A NEW SECTIONAL PLANNING AREA (SPA) PLAN AND ASSOCIATED REGULATORY DOCUMENTS FOR 748 ACRES KNOWN AS EASTLAKE III AND LOCATED EAST OF THE EASTLAKE BUSINESS CENTER AND SALT CREEK OPEN SPACE CORRIDOR BETWEEN THE FUTURE ALIGNMENT OF PROCTOR V ALLEY ROAD AND THE SOUTHERN END OF WUESTE ROAD. WHEREAS, duly verified applications were filed with the City of Chula Vista Planning Department on January 13, 2000 by The Eastlake Company (Developer) requesting: 1) amendments to the City of Chula Vista General Plan, Eastlake II and III General Development Plan (GDP) and Eastlake Greens and Trails Sectional Planning Area (SPA) Plans. The applications also requested approval of a new Sectional Planning Area (SPA) plan with Planned Community District Regulation, Design Guidelines, Public Facilities Financing Plan, and a Comprehensive Affordable Housing Program for 748 acres known as the Eastlake III ("Project"); and, WHEREAS, the areas of land which are the subject of this Resolution are commonly known as Eastlake III, EastLake Trails and portion of the EastLake Greens, known as the southern "Land Swap" parcel. These sites consist of: a) 1030 acres east of the EastLake Business Center and Salt Creek open space corridor between the future alignment of Proctor Valley Road and the southern end ofWueste Road (EastLake III); b) 322 acres east of Hunte Parkway between Otay Lakes Road and Olympic Parkway (EastLake Trails); and c) 108.acres north of Olympic Parkway, east and west of EastLake Parkway (Southern "Land Swap" parcel; and, WHEREAS, the amendments to the Eastlake II General Development Plan, EastLake Greens and EastLake Trails Sectional Planning Area (SPA) plans and associated regulatory documents consist of modifying the adopted EastLake Comprehensive Affordable Housing Program and EastLake Community Purpose Facilities Master Plan. WHEREAS, the proposed amendments to the Eastlake III General Development Plan consist of: 1) removing various floating land use designations; 2) rearranging residential and commercial land use designations; and 3) establishing new land use designations at various locations within the GDP site. Also approving a new Sectional Planning Area (SPA) Plan and associated regulatory documents, including Planned Community District Regulations, Design Guidelines, Public Facilities Financing Plan, and Affordable Housing Program for 748 acres known as EastLake III SPA (Woods and 1 c27 Vistas).; and, WHEREAS, The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, approved and certified FSEIR-Ol-Ol, and Addendum; and, WHEREAS, the Resource Conservation Commission reviewed the Environmental Impact Report (EIR-OI-Ol for the project on June 18, 2001 and recommended the certification of the ErR; and, WHEREAS, the Planning Commission having received certain evidence on June 27, 2001, as set forth in record of it proceedings herein by reference as is set forth in full, made certain findings as set forth in their recommending Resolution No. GPA-Ol-07, PCM-01-26, PCM- 00-19 herein and recommended to the City Council the approval of the applications based on certain terms and conditions; and, WHEREAS, the Planning Director set the time and place for a hearing on said Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, mailing to property owners within 500 ft. of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place advertised, namely June 27,2001 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION DOES hereby recommend 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. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION voted to recommend approval of the Project. AYES: NOES: ABSENT: ABSTAINED: 2 eX? --r-----.""-----~...-'-. ...-.... ABSTAINED: Robert Thomas Chairperson Diana Vargas, Secretary 3 c2-cy Attachment 2 Draft City Council Resolution & Ordinance ;30 DRAFT RESOLUTION RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING AMENDMENTS TO THE CHULA VISTA GENERAL PLAN, EASTLAKE II AND III GENERAL DEVELOPMENT PLANS, EASTLAKE GREENS AND TRAILS SECTIONAL PLANNING AREA (SPA) PLANS. ALSO, ADOPTING A NEW SECTIONAL PLANNING AREA (SPA) PLAN AND ASSOCIATED REGULATORY DOCUMENTS FOR 748 ACRES KNOWN AS EASTLAKE III AND LOCATED EAST OF THE EASTLAKE BUSINESS CENTER AND SALT CREEK OPEN SPACE CORRIDOR, BETWEEN THE FUTURE ALIGNMENT OF PROCTOR V ALLEY ROAD AND THE SOUTHERN END OF WUESTE ROAD. I RECITALS A Project Site WHEREAS, the areas ofland which are the subject of this Resolution are diagrammatically represented in Exhibit A and hereto incorporated herein by this Resolution, and commonly known as Eastlake III, EastLake Trails and portion of the EastLake Greens known as the southern? Land Swap? parcel, and for the purpose of general description herein consist of: a) 1030 acres east of the EastLake Business Center and Salt Creek open space corridor between the future alignment of Proctor Valley Road and the southern end of Wueste Road (EastLake Ill; b) 322 acres east of Hunte Parkway between Otay Lakes Road and Olympic Parkway (EastLake Trails); and c) 108.acres north of Olympic Parkway, east and west of EastLake Parkway (Southern "Land Swap" parcel ("Project Site"); and, B. Project; Application for Discretionary Approvals WHEREAS, on January 13, 2000, the Eastlake Company (Owner) filed applications with the Planning and Building Department of the City ofChula Vista requesting amendments to the City ofChula Vista General Plan, Eastlake II and III General Development Plans (GDP) and Eastlake Greens and Trails Sectional Planning Area (SPA) Plans. The application also requested approval of a new Sectional Planning Area (SPA) plan with Planned Community District Regulations, Design Guidelines, Public Facilities Financing Plan, and a Comprehensive Affordable Housing Program for 748 acres known as tile Eastlake III spa ("Project"); and, WHEREAS, the Applications include amendments to the Chula Vista General Plan Diagram to remove various floating land use designations, re-arranging the adopted residential and commercial land use districts, and establishing new land use designations at various locations as diagrammatically represented in Exhibit B-1. Also, amend the Circulation Element to reflect the street network necessary to serve the proposed 3; "_'-r'__~"'_'" .. ,__,__,___,___. development as diagrammatically represented in exhibit B-2. WHEREAS, the applications also include amendments to the EastIake II General Development Plan, EastLake Greens and EastLake Trails Sectional Planning Area (SPA) plans and associated regulatory documents to modify the adopted EastLake Comprehensive Affordable Housing Program and EastLake Community Purpose Facilities Master Plan (see Exhibits C and D); and, WHEREAS, the applications also include amendments to the EastLake III General Development Plan to remove various floating land use designations, re-arrange the adopted residential and commercial land use Districts; adopt the EastIake Community Purpose Facility Master plan; and establish new land use districts at various locations within the GDP site. Also, adopting a new Sectional Planning Area (SPA) plan and associated regulatory documents, including Design Guidelines, Public Facilities Financing Plan, and Affordable Housing Program for 748 acres known as EastLake III SPA (see Exhibit E); and, C Prior Discretionary Approvals WHEREAS, prior discretionary action for the development of the southern "Land Swap" Parcels portion of the EastLake Greens has been the subject matter of a prior General Plan amendment resulting in the current land use designations on the Chula Vista General Plan in conjunction with the Otay Ranch General Development plan, and previously approved by City Council Resolution No. 17309; and, the development of the Trails portion of the Project Site has been the subject matter of 1) a General Development Plan, EastIake II (EastIake I Expansion) General Development Plan previously approved by City Council Resolution No. 15198 ("GDP"), and amended by City Council Resolution No. 19275 on November 24, 1998; 2) the Eastlake Trails Sectional Planning Area Plan ("SPA"); 3) Eastlake Trails Air Quality Improvement Plan (AQIP); 4) Eastlake Trails Water Conservation Plan (WCP); 5) Eastlake Trails Planned Community District Regulations; 6) Eastlake Trails Design Guidelines; 7) EastIake Trails Public Facilities Financing Plan; and 8) Eastlake Comprehensive Affordable Housing Program, all previously approved by City Council Resolution No. 19275, and Ordinance 2765 on November 24, 1998; 8) Eastlake III Development Agreement, approved on February 27, 1999; and 9) Eastlake Park Agreement, approved on August 8, 1998; 10) Escrow Agreement, approved on March 26, 1996; and, WHEREAS, prior discretionary action of the development of the EastLake III portion of the Project has been the subject matter of: I) a prior General Plan amendment resulting in the current land use designations on the Chula Vista General Plan in conjunction with EastLake III, and previously approved by City Council Resolution No. 15412 on December 5,1989; 2) a prior General Development Plan, resulting in the current land use designations shown on EastLake III General Development Plan, previously approved by City Council Resolution No 15413 adopted on December 5, 1989; 3) The Olympic Training Center 2 3~ Sectional Planning Area (SPA) Plan and Public Facilities Financing Plan approved by City Council Resolution 15599 on May I, 1990 and amended by City Council Resolution 17326 on December 7, 1993; and, D. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on June 27, 2001, and voted ( ) to forward a recommendation to the City Council on a proposal to amend the City General Plan, Eastlake II and III General Development Plan, Eastlake Greens and Trails Sectional Planning Area (SPA) plans, and adopt a new SPA for 748 acres known as EastLake III SPA; and, WHEREAS, The proceedings and all evidence introduce before the Planning Commission at the public hearing on this project held on June 27, 2001 and the minutes and resolution resulting there from, are hereby incorporated into the record of this proceedings; and, E. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 ft. of the exterior boundaries of the Project Sites at least ten days prior to the hearing. NOW THEREFORE BE IT RESOLVED that the City Council hereby find, determine and resolve as follows: II. PREVIOUS FSEIR-OI-Ol AND AMENDMENT REVIEWED AND CONSIDERED FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, approved and certified FSEIR -01-0 I and Addendum _; and, III. COMPLIANCE WITH CEQA The City Council does hereby finds that FSEIR-OI-Ol and Addendum has been prepared in accordance willi requirements of the California Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista, and hereby certifies the FSEIR -01-01. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the FSEIR-OI-OI reflects the independent judgment of the City Council of the City ofChula Vista. 3 33 ----.--...----.-- -. -.-.......---.-..-.- ------r----.--.~..---_._-- V. APPROVAL OF GENERAL PLAN AMENDMENT The Chula Vista General Plan Land Use Diagram and Circulation Element is hereby amended as set forth diagrammatically represented on the attached Exhibit B to remove various floating land use designations, re-arranging the adopted residential and commercial land use districts, and establishing new land use designations at various locations within the GDP site. Also, amending the Circulation Element to reflect the street network necessary to serve the proposed development. 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. EastLake II The amendments to the EastLake II General Development Plan are primarily to incorporate amendments to the new Community Purpose Facilities Master Plan that are being proposed as part of EastLake III project. The proposed changes are in substantial conformance with the General Plan, as amended. EastLake III The proposed GDP fully implements the concept envision in the General Plan by providing the necessary standards and guidelines for the preparation of implementing plans and regulatory documents for the Woods and Vistas. An amendment to the adopted General Plan Diagram and Circulation Element of the General Plan is being processed concurrently, and is required to establish GDP consistency with the General Plan. The land use designations included in the EastLake III GDP are those proposed as amendment to the General Plan Diagram. With the adoption of the proposed amendments to the Land Use Diagram and Circulation Element of the General Plan, the EastLake III General Development Plan will be in substantial conformance with the amended General Plan. B. APLANNED COMMUNITY DEVELOPMENT CAN BE INITIATED BY 4 3Y ESTABLISHMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA PLANS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE. EastLake II The Eastlake II GDP contains four adopted SPAs. EastLake III A new Sectional Planning Area (SPA) plan is included in the proposed project for the EastLake III residential neighborhoods. C. IN THE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT IT WILL BE IN HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OF THE SURROUNDING AREA AND THAT THE SITES PROPOSED FOR PUBLIC FACILITIES SUCH AS SCHOOLS, PLAYGROUNDS AND PARKS, ARE ADEQUATE TO SERVE THE ANTICIPATED POPULATION AND APPEAR ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF. EastLake II The proposed amendments do not involve new residential development. EastLake III The General Development Plan amendment proposes a residential community, with residential densities ranging from Residential Low (0-3 du/ac) to High Density Residential (18-27 du/ac), designed in a manner that concentrates the low density housing adjacent to the open space greenbelt of the Upper and Lower Otay Reservoirs, the higher density multi-family residential units toward the southern end of the Vistas neighborhood and the moderate density housing towards the western edge of the project, where it is most compatible with residential densities with the adjacent developments. Overall, the residential densities reflected on the amended GDP are compatible with the pattern and character of development approved within the original GDP (EastLake III) with the exception that the Research and Limited Industrial and the Neighborhood Park land use designations, which are being deleted. The overall average density is similar to the adopted GDP. The proposed densities and commercial uses can be adequately served by the public facilities incorporated herein in the respective Public Facilities Financing Plan and therefore will constitute a residential and commercial environment of sustained 5 :3s- --_._--.-..~. --.----""--- --,"._- durability and stability; Further, the proposed development 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 acceptable to the public authorities having jurisdiction thereof. D. ADOPTION OF AMENDED GENERAL DEVELOPMENT PLAN In light of the findings above, the amended EastLake II and III General Development Plans are hereby approved and adopted in the form presented and attached hereto as Attachment A and B. 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 Greens and Trails The proposed amendment to the Comprehensive Affordable Housing Program will not affect the land use distributions outlined in the Eastlake II General Development Plan nor the Chula Vista General Plan. The primary change in the Affordable Housing Program will be to relocate the potential affordable housing site in the Woods neighborhoods to a new location in the northern portion of the Trails neighborhood. The new affordable housing site is currently zoned for multifamily residential, suitable for apartments or condominium development. EastLake III The new EastLake III Sectional Planning Area Plan reflect land use, circulation systems, and public facilities that are consistent with the EastLake III General Development Plan and the Chula Vista General Plan, as amended. B. THE SECTIONAL PLANNING AREA PLANS WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. Eastlake Greens and Trails The amendments to the Greens and Trails SPA plans are consistent with the development phasing prescribed in the EastLake Greens and Trails Public Facilities Finance Plans, and therefore will not affect the orderly development of the SPAs. Eastlake III The EastLake III Sectional Planning Area Plan are consistent with the EastLake III Public Facilities Financing Plan, and will, therefore, promote the orderly 6 3~ sequentialized development of the involved Sectional Planning Area (SPA) Plan areas. C. THE EASTLAKE SECTIONAL PLANNING AREA (SPA) PLANS, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. Eastlake Greens and Trails Since the new affordable housing site is proposed within a site previously zoned for multifamily residential development, the proposed change in location from the Woods Neighborhood to the Trails neighborhood will not affect adjacent land use, residential enjoyment, circulation or environmental quality . EastLake III The land uses within the EastLake III SPA plan continue the development pattern of earlier phases of EastLake and therefore design to complement the existing development represent the same uses approved by the EastLake III General Development Plan, as amended, and will not adversely affect adjacent land use, residential enjoyment, circulation, or environmental quality. D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. EastLake Greens and Trails The amendments do not involve areas planned for industrial or research uses. EastLake III The new SPA does not involve areas planned for industrial or research uses. E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. EastLake Greens and Trails 7 3) Eastlake Greens and Trails SPA amendment does not involve these Institutional , Recreational or similar uses. EastLake III The proposed community park in the Woods neighborhood is being deleted in exchange for an expansion of a nearby community park in the Rolling Hills Ranch Development. This larger facility will be available to the residents within the Woods Neighborhood. Park facilities will also be provided for within the Vistas Neighborhood, south of Otay Lakes Road. Other facilities necessary to support the proposed residential and commercial development will be constructed in accordance with the Public Facilities Financing Plan. F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. Eastlake Greens and Trails While it is anticipated there will be negligible impact on proposed streets and thoroughfares, an environmental assessment will be required prior to approval of any development project within the proposed affordable housing site in the Trails and any mitigation measures must be complied with. EastLake III Road improvements will be constructed per the timing requirements outlined in the Public Facilities Financing Plan. 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). EastLake Greens and Trails The Eastlake Greens and Trails SPA amendment does not involve Commercial uses Eastlake III Commercial development for EastLake III has been previously analyzed for the existing General Development Plan. The location of proposed commercial development areas is still within the same general vicinity as shown on the existing General Development Plan. These commercial uses reflect the Chula Vista General Plan and will provide needed commercial services to future residents in the area as well as visitors to the nearby Olympic Training Center. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY 8 3J WITH SAID DEVELOPMENT. Eastlake Greens and Trails The new affordable housing site previously designated for multifamily use and therefore will not change the character of the neighborhood and surrounding developments. EastLake III The New SPA plan is consistent with the approved plans and regulations applicable to surrounding areas and therefore, said development can be planned and zoned in coordination and substantial compatibility with said development. The proposed SPA is consistent with the General Development Plan and Chula Vista General Plan, amended. BE IT FURTHER RESOLVED that in light of the findings above, the City Council does hereby approves the EastLake Greens and EastLake Trails Spa amendments and the new Eastlake III Sectional Planning Area (SPA) plan subject to the conditions set forth below: IX. SPA CONDITIONS OF APPROVAL The City Council does hereby approves the new Eastlake III SPA plan, and associated documents, subject to the following conditions: 1. Implement to the satisfaction of the Director of Planning and Building all environmental impact mitigation measures identified in SFEIR-OI-Ol, the candidate CEQA Findings and Mitigation Monitoring Program for this project. 2. Approval of the Eastlake III SPA does not constitute approval of the final lot configuration and street designs shown within the SPA plan. Modifications may be made by staff, the Planning Commission or City Council during the tentative subdivision map process. 3. Install all public facilities in accordance with the Public Facilities Finance Plan, or as required to meet the Growth Management Threshold standards adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. 4. Prior to, or concurrent with approval of the initial final map, enter into an agreement with the City of Chula Vista guaranteeing the provision of affordable housing units in accordance with the amended EastLake Comprehensive Affordable Housing Program. 5. Prior to approval of the first final map, revise the Eastlake III GDP, EastLake III 9 3'7 SPA, EastLake III Planned Community District Regulations, EastLake III Design Guidelines, EastLake Community Purpose Facility Master Plan, EastLake Comprehensive Affordable Housing Program and Public Facilities Finance Plan documents, as modified by the City Council and as deemed appropriate by City staff to delete strike underline text, references to previous documents, inconsistencies and other clean-up items before final printing. 6. Prior to approval of the initial final map, submit to the Planning and Building Department 20 copies of the adopted GDP, SPA, FSEIR, CEQA Findings, and Mitigation Monitoring Program in plastic binders. Specific document format, table of contents binder size and titles shall be as determine by the Director of Planning and Building Department. 7. Agree to construct the City's greenbelt trail along the eastern edge of the Vistas and Woods neighborhood and along the East side of the Salt Creek open space Corridor, as identified in the trails plan of the EastLake III SPA. Final Greenbelt design, alignment and construction details, including fencing signage and view point amenities, shall be subject to approval by the Directors of Parks and Recreation and Planning and Building. 8. Include the maintenance responsibility of the City's Greenbelt system in the ProjectOs HOA. 9. Prior to the approval of the first final map, submit and obtain approval by the Director of Planning and Building of a sales disclosure documents for the Woods West, identifying the allowable uses in the westerly adjacent Eastlake Business Center. 10. Prior to approval of the initial final map, prepare, submit and obtain approval by the Director of Planning and Building of a home ownerOs manual for neighborhood WR-I, outlining development parameters and design criteria for accessory structures encroaching into the privately owned slope banks along the eastern edge of the Woods neighborhood. The OwnerOs manual shall address the following items: 1) permitted encroachment into slope banks; 2) minimum separation between easterly adjacent greenbelt trail; 3) permitted re-grading of slopes; 4) thematic fencing along the greenbelt trail edge and within the sloped areas; 5), height, design and treatment of all accessory structures, including decks, retaining walls, landscape design and any other development standard as determined by the Director of Planning and Building. II. Applicant acknowledges that the City is in the process of conducting an Air Quality Improvement Plan (AQIP) Pilot Study to evaluate various transportation and energy efficient land use planning and building construction measures for new 10 s.0 development, and that the Project area is part of that Study. The Applicant further acknowledges that the AQIP Pilot Study will include cost effectiveness and feasibility analyses of the various measures under consideration, and will result in a Draft AQIP for the Project recommending which measures should be included in the Project at the present time. 12. Prior to or concurrent with approval ofthe first Tentative Map for the Project, unless the Director of Planning allows other timing, the Draft AQIP must be considered and acted upon by the Planning Commission and City Council. The Applicant hereby agrees to implement the final AQIP measures as approved by the City Council, and to comply and remain in compliance with the AQIP. 13. The Applicant 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 Applicant shall modify the AQIP to incorporate those new measures, which are in effect at the time, prior to or concurrent with each Final Map approval within the Project. The new measures shall apply, as applicable, to development within all future Final Map areas, but shall not be retroactive to those areas, which received Final Map approval prior to effect of the subject new measures. 14. The Applicant acknowledges that the City is in the process of developing guidelines for the preparation of required Water Conservation Plans (WCP), and is conducting a WCP Pilot Study to evaluate various water conservation measures for new development beyond those currently mandated, and that the Project area is part of that Study. The Applicant further acknowledges that the WCP Pilot Study will include cost effectiveness and feasibility analyses of the various measures under consideration, and will result in recommending which measures should be included in the Project at the present time. 15. Prior to or concurrent with approval of the first Tentative Map for the Project, unless the Director of Planning allows other timing, the Applicant shall have prepared, submitted and obtained the approval of the Planning Commission and City Council of a WCP for the Project which incorporates the Pilot Study recommendations. The Applicant hereby agrees to implement the final WCP measures as approved by the City Council, and to comply and remain in compliance with the WCP. 16. The Applicant 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 Applicant 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 II (,L/ - ......--..-.,-.--.... ,..-.. _.__._--~----- ----,.-- ..._" ~----_._~_..._~. be retroactive to those areas which received Final Map approval prior to effect 16. Prior to any activity that may potentially impact biological resources, such as clearing and grubbing, the applicant shall comply with all applicable requirements prescribed in the EastLake III Woods and Vistas Replanning Program Subsequent Environmental Impact Report SEIR -0 I -0 I and Mitigation Monitoring and Reporting Program. 17. Prior to approval of the Tentative Map, provide Microsoft Word electronic copy of the EastLake III GDP, EastLake III SPA, Planned Community District Regulations, Design Guidelines, and Public Facilities Finance Plan. 18. Prior to approval of the initial final map, revise Exhibits PC-2a through PC-2I to reflect the property line dimensions approved in the EastLake III Master Tentative Map. 19. Prior to approval of the initial final map Obtain approval from the Otay Water District of the EastLake III Sub-area Water Master Plan. 20. Add the following paragraph below the first paragraph in Section 11.2.3.4, Street Standards: ODimensions shown on all street cross sections and intersection configuration, Exhibit 10-1 Of and Exhibit 11, are conceptual. Modification to these cross sections may be allowed by the City Engineer and Director of Planning and Building during the tentative or final map approval process.O 21 Comply and remain in compliance with Chapter 17.10, Parklands and Public Facilities, of the Chula Vista Municipal Code. 22 Design, construct and deliver completed parks facilities to the City in accordance with the EastLake III Public Facilities Finance Plan (PFFP). 23 Prior to approval of the first final map, submit a letter to the Director of Parks and Recreation acknowledging that the City is in the process of preparing and adopting a City-wide Parks Master Plan, and agreeing to comply with the provisions of said plan as adopted and as it affects facility and other related requirements for the Project's parks. 24 Revise Fencing Section of the EastLake III Design Guidelines to include thematic fencing along the perimeter of the elementary and middle school exposed to public right-of-way and open space. Include specific language, satisfactory to the Director of Planning and Building, indicating that all thematic fences along the 12 f.)~ exposed edges of the two school facilities shall be located within open space lots or easement, lOft from property lines along street edges, and maintained by the EastLake III Homeowners Association or other acceptable financing mechanism acceptable to the City, as determined by the Director of Planning and Building. 25 Prior to approval of the first final map, submit a letter to the Director of Planning and Building acknowledging that the City is in the process of preparing and adopting a City-wide Greenbelt Trails Master Plan, and agreeing to comply with the provisions of said plan, and modify the project as necessary to comply and remain in compliance with the adopted Greenbelt Trails Master Plan. 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 the their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of shall future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, instituted and prosecute litigate or compel their compliance or seek damages for their violations. No vested rights are gained by Developer or successor in interest by the City approval of this Resolution. XI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon enforceability of each and every term provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its sole discretion, this resolution shall be deemed to be revoked and no further in force or in effect. Presented By: Approved as to form by: John Kaheny City Attorney Robert A. Leiter Director of Planning (A:\PCM-9704.ccr) 13 '-1-3 .. ----...,..-...- <, -', i: j,\ , ,'1;-" .-,' , f "'. ',"', "R-VAHEy RpAD, \.., I' - ,~":,', "'-PRoc~. __, L" ~ "' .". '," , " ,,', '-' ~"' ........ r ~ /," ".' II - '" .R,O~LJtIG 111~~, ':>. NEIGHBORHOOO <'~/' ,,""C .'..L_ ~~-=-^""''''''' '" /' (WEST) / , "'I' ,- .=0,., rv\""", \ , '., . - ", , ", y '8 :- -" '.. . '- ""L. _' --- "//~ ~'-;..):i'--' ___A '-J----Ll ',-__ _ / -, ;'V_~~'::; tl' . . . . )-c \ / , I'-.,'~ ..... ..;d' 'STlAKE --, / \-'::''0''.. - . ,. ~ S ~ / /0--" '\' :-., "Ii, BIJSINES --'< .' ~/y~, '----, \--'i~',,, '.. '! " '. CENTER II 'fj;L 'ii!,. \,~,l{~8c5')(5~t .,,~ "'("'-." , '\ ,,'.' \~-/\ '~-t~_V(-', \y~,s~,;' "/"-~,.-.. ';'" -" .'-,. ,~_. - a'" i-----Lr--r-, \" ~1 ~-; . ~~.~ ~5:::,~='</ ::c. '-'-"1, ~ ! i __ /. ; ..-.-- ,/ \ \ / .. , .>/"/ . --~- '---. , 'm._ '- [ _.f"">__ Y /--- / / , / /' " j /" / , ! ,- I 'I ~._-------, ," EXHIBIT A -', / L~__ I: v" .. , ---'f/; i _ /f \ '~ "~~':;-l j '-."o~ \ , #~'fl" / tTlAKl1II ORHOOD ff~ ! I A NEIG~~ST) f':: ~iA~R "'-->r '\ i S P . # LAKE, \1 I 2:.--~'--'C~~ h,,-~~,I.,. -'='V~;;:~~\'i'f~('f\~ ,{ \ !\\.,- "., .... . ",", . "'\, DDD- YM .~,' ;, ~/ t';(~, \) @~-'A EIGHBOR~~ 0' , / '" ~/~~ 'a' ) /> ~ ~~ , ' 'I) If a:: en w .D::; ::J I--- ::J u.. l~ 1/ I I \ " \ \ w .~ \.~ I (' ~ ~ ~ I ~/ < ) ) r-' "-\......--::: "\~---- Proposed General Plan . Freeway Prime Arterial & Major (6 lanes) Major Street (4 lanes I Collector Street 12&4 lanes) RESIDENTIAL dulac " low1 0.2S IMin. 4 aC. lot size) " low2 O.SO IMin. 2 ac. lot size) " low3 1.0 IMin. 1 ac. lot size) low 0-3 Low.Medium J.6 '" Low.Medium J.6 Village Medium 6-11 - Medium. 11.18 High - High 18-27 COMMERCIAL _ Retail _ Thoroughfare _ Visitor -.-- Prolessional & Administrative INDUSTRtAl -. Research & Limited Manulacturing _ Genml Industrial OPEN SPACE _ Public & Quasi Public _ Open Space _ Parks & Recreation Water CIRCUlATION SYSTEM - - Exhibit 81 Proposed General Plan ,., lowl 0.2S IMin. 4 ac. lot size) ,'low2 O.SO IMin. 2 ac. lot size) "low3 1.0 IMin. 1 at. lot size) low 0.3 /.- RESIDENTIAl dulac low.Medium J.6 1.111 low-Medium J-b Village Medium b.ll - Medium- 11.18 High - High 18.27 COMMERCIAL _ Retail _ Thoroughfare _ Visitor I .~ Professional & Administrative INDUSTRIAL Research & limited Manufacturing _ General Industrial OPEN SPACE _ Public & Ouasi Public _ Open Space _ Parks & Recreation Water CIRCULATiON SYSTEM . Freeway - Prime Arterial & Major 16 lanesl - Major Street 14 lanes) Collector Street 12&4 lanes) . vo 'i. vs- Exhibit B 1 --~.,- S 5 rH-: ../'"----' I /~ ~ L. .-' , -~ ,--......I j , ,- i :__"J -., L....... ...., : " , /' : .. I \ , . ...." ..j ......" L_,:_ -'-"- ," , -, .._-_.-_..~ V\ ,!,;.~. . '\' ",'~ L-____ , ~'" , : \.' i' ,_.J il i : r--, ,~. :;",;--1 : " r).. 1-.....,,'-....J c.; ~." -""1 : =/').- -, \ ,', .-L~'-'. I .. , \ . , .~ ~ ' I- ,,~ .. :-1 .~i-" 4~ ,-. "" ... c: .9 t i ~ ! ~ ~. ~ ;3 '; -.; i ~ {; 6. '.t lSJfSJlSJG >- ~g c= <((I) Oenl:l:: 1:1::<(0 -'-'I- <(Uu Z0/5W 1:1::_-' Wen-' 1-(1)0 ~:3U wu= C)~(I) Z-=(I) <(0<( :l:1:I::...J UU...U :. --' ' . . i..J J ;;; ~ ""' .s.. ;;; " ;;. ~ f 'iJ'.. j i Ii. i j ~~rsJ5J1SJ .---'\ I . ..' . ., I 1 ~J :_.....J [-=:J -' <( ii: W ~ <( W z:!5 01:1:: - 0- ~w UZ u...:3 end, (I) , <I: 0 . ...J....... LUI:I:: ".,. \~O , ,<C::) , '3: .... ''. ic-.C::::E .. I <cw '.- ~j \ w, \; C)"'II:I" \ z:E <CI:I:: I' '''':1:0 I \. u u... ",-- N I ~ E-< ....... ~ ....... ::r:: >< ~ -,..---.-- I \ v~ j ~ Z o 3 p u ~ ~ ~ ~ II'< o ~ 81 ~I (I EXHIBIT C 1.11.3 Community Purpose Facilities Purpose and Intent Chapter 19.48. P-C - 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 (CPF), such as: a) Boy Scouts, Girl Scouts, and similar organizations; b) social and human service activities, such as Alcoholics Anonymous; c) services for the homeless; d) services for military personnel during the holidays; e) senior care and recreation; f) Worship, spiritual growth and development, and teaching of traditional family values; g) day car@ faciliti@sthatar@ ancillary to any ofth@ above; g) non-profit or for profit dav care facilities that are ancillary to any of the above or as a primary use. For profit facilities as. primary use are subject to further requirements and additional criteria as outlined in Section (I) below: h) private schools that are ancillary to any of the above; and i) littl@ I@agu@ ball fi@lds for non profit organizations serving the local community.i} interim uses, subject to the findiQgs outlined in I 9.48.025(E): and j) recreational filcilities. such as ball fields for non-profit organizations serving the local community. subject to the requirements outlined in 19.48.040(B)(6)( d). However, where recreational ball fields are desired as a conditional use in Community Purpose Facilities land use districts, a "CPF Master Plan", ~howing the sp@cific boundaries of the master plan and existing and proposed di~tribution of CPF uses within a GDP, or designated CPF master plan boundaries is required.~ho\Ving the specific boundaries of the master plan and existing and QJ:oposcd distribution of CPF uses withina SPA, GDP or overall Plannes! Communitv shall be considered and approved by. the Director of Planning and incorporated as part of the Planned Community's General Development Plants). In addition, recr@ational ball fi@lds shall not utiliz@ more than 25% of the overall CPF acr@ag@ f€quired,recreational ball lields shall not lltilizc more than 35% of the overall SPA. GDP or Planned Community CPF acreage rcquirccJ., and no park credit may be granted for community purpose ball fields. The total acreage required may be reduced by the City Council in certain circumstances such as when shared parking facilities are available with other facilities. Proposed CPF Master Plan The CPF Master Plan boundaries encompass EastLake Greens (including the "Land Swap" Parcels), EastLake Trails, EastLake Business Center II, EastLak@ Vistas and EastLah Woods (~@e Exhibit ). FastLake Vislas and EastLake Woods (see Exhibit Sb). Four sites are distributed throughout the remaining SPAs insuring that each future CPF site will serve a different neighborhood. In addition, the sites are located along major road to enhance accessibly to the facility by community residents. -1- VI Based upon the anticipated development statistics for the CPF Master Plan area, the overall combined CPF acreage required and proposed is as follows: Table D Required Community Purpose Facility Acres for EastLake EastLake 11* EastLake EastLake III Total Greens 11* (ad9pted SPA** Trails SPA CDP) (GDP) Dwelling Units 3443 1143 1767 2061 /3353 6647 CPF ac/du 0.004003 0.004003 0.004003 Total CPF acres 13.8 4.6 +.-1-83 25.5 )6.7 ~ required Total CPF acres 15.8 4.6 10.8 31.1 provided * EastLake I (North ofOtay Lakes Road) is excluded from this table. ** Includes proposed Land Swap amendment. Proposed CPF Sites Th.. CPY master Plan provid.. a total of25.5 acr..s in fDur different sites. 4.9 acr@s, or 1&% ofth.. total acreage reEJuired is provid..d in the Trails (sit.. No.2) for littl.. leagu.. ball fi..lds. Exhibit ~Tbe CPF master Plan proyides a total of 31.1 acres in four different sites. Exhibit 5b, identifies the proposed CPF sites which are described in more detail below. Site 1: (Existing) Located in EastLake Greens, a portion of this 15.& acre sit.. has b....n conv"J'..d to a religious institution for us@ as a plac@ of worship. Th@ remaining portion of tH@ site is currently available for aCEJuisition aRd use for community purpose facilities. This remaining portion of Sit.. 1 is propos..d to conditionally permit any ofth.. following laRd uses.a portion of this 15.8 acre site (12.2 acres) has been conveyed to a relil!ious institution lor use as a place of "\vorship. The relnaining ponion of the site (3.6 acres) is currentl,", available for acquisitlon and use for community purpose I~~cilitics and is Illrlber des~rjbed below. Site 1: (Futurc) This Cry sit.. is within the Trails Reighborhood and is proposed to conditionally permit little league ball fielas for non profit organizations serving the local community. Th.. de'lelopment ofth.. site would b@ subject to the requirements outlined in th.. EastLake II Pla-oo Community District Regulations and Section I 9.4&.040(B)(6)(d) oftne Chub Vista Municipal -2- w Gede.Located in EastLake Greens on the east side of EastLake Parkwav, south of the SDG&E power easement. This site is currently available for acquisition and use for community purpose facilities (3.6 acres). Site 2: is located in th@Vistasn@ighborhoodofEastLak@III GDP and consists of7.l acres.This CPE site is located within the Trails nei~hborhood 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 [lJ GDP and consists of 1 0.8 acres. The future Vistas SPA Plan wi1l refine the exact location and acreage of 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 @xc@ption of CPF ~ite No.2, With the exception of CPF site Nos. 2 and 3, which wi1l 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: . Boy Scouts, Girl Scouts, and other similar organizations; . Senior care and recreation; . Worship, spiritual growth and development, and teaching of traditional family values; . Day car@ faciliti@s that are ancillary to any ofth@ abo\'@;Eor profit and non-!:JIo!it day care facilities that are anei]]arv to any (jf the above: . Private schools that are ancillary to any ofthe above; . Interim uses, subject to the findings outlined in Section 19.48.025(E) ofthe Chula Vista Municipal Code. . Recreational ball tlelds not to exccccl 35% of the overa]] CPE acre,,~requircmentJor the CPEMaster Plan. -3- cf1 I EastLakelr I ::k'::: I Totar G_ns- I TraIls Dwelling Units 3443 1143 1767 6353 CPF acldu 0.0040D3 0.0040D3 0.0040D3 Total CPF ac. Raq'd. 13.8 4.6 7.1 25.4 ADOPTED Master Plan of Community Purpose Facilities ~ CPF Site Locations CD Eastlake Greens (existing) o Eastlake Greens (future) i PO 8 Eastlake Trails ~ h 1C . EastLake Vistas Jb . EaItI..ake I (north 01 oe.y Leu. Rd.) '- exduded fn:wn thi.labte. .. IndI.JdM the Land SwIIp ...... EaatLaka I (not Included) EaatLake III EaatLaka Tralla EaatLaka III ..4 EASTLAKE ~laIIm --~~ ~o-.... A Planned Community by EutLake Development Co. Exhibit 5b 11-11-99 XI-5 Chapter I - Section I.I I General Development Plan )() PROPOSED Master Plan of Community Purpose Facilities CPF Locations f1\ EastLake Greens \...:..I (E)(isfing) o EastLake Greens (Future) o EastLake Trails e EastLake Vistas Eas1Lake II Eastlak. II Eastlake III To1al Gr.ens SPA Trails SPA GDP Dwellina Units 3443 1143 2061 6647 CPF Acres Reauired 13.8 4.6 8.3 26.7 CPF Acres Provided 15.8 4.6 10.8 31.1 Easttake III - Woods Eastlake Trails EastLake III - Vistas Eastlake Greens ..4 E"ASTLAKE III A planned community by The EastLake Company On;: Land Planning -_e.o."'''J'>>-'-m I\.....f"i I...-.-...i 4-4-01 (04/20/01) GENERAL DEVELOPMENT PLAN 1.1.11-5 5/ . m..._....._~ ----;---..----....- EXHIBIT E EXHIBIT "E" IS THE EASTLAKE III GDP AND SPA BINDER ATTACHED TO THE AGENDA STATEMENT 6~ . ".. .._..._....._.._..~,...._--_._- +-, -.-.. ._-----,_...__.. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PLANNED COMMUNITY DISTRICT REGULATIONS FOR THE EASTLAKE III SECTIONAL PLANNING AREA (SPA) PLAN. I. RECITALS A. Project Site WHEREAS, the areas of land which are the subject of this Ordinance are diagrammatically represented in Exhibit A and hereto incorporated herein as Exhibit A; and for the purpose of General description herein consist of 748 acres east of the EastLake Business Center and Salt Creek open space corridor, between the future alignment of Proctor Valley Road and Olympic Parkway (DProject SiteD); and, B. Project; Application for Discretionary Approval WHEREAS, on 13,2001, The Eastlake Company ("Developer") filed an application requesting approval of a new Planned Community District Regulations and Land Use District Map for the Eastlake III SPA (Woods and Vistas neighborhoods); and, C. Prior Discretionary Approvals WHEREAS, prior discretionary action of the development of the EastLake III portion of the Project Site has been the subject matter of: I) a prior General Plan amendment resulting in the current land use designations on the Chula Vista General Plan in conjunction with EastLake III and previously approved by City Council Resolution No. 15412 on December 5, 1989; 2) a prior General Development Plan resulting in the current land use designations shown on EastLake III General Development Plan, previously approved by City Council Resolution No 15413 adopted on December 5, 1989; 3) The Olympic Training Center Sectional Planning Area (SPA) Plan and Public Facilities Financing Plan approved by City Council Resolution 15599 on May I, 1990 and amended by City Council Resolution 17326 on December 7, 1993; and, D. Plarming Commission Record on Applications WHEREAS, the Planning Commission held an advertised public hearing on said project on June 13,2001, and voted to recommend tI1at the City Council approve the Planned Community District Regulations text and Land Use Districts Map for EastLake III in accordance with the findings listed below. The proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on June 13, 2001, and the minutes and resolutions resulting there from, are hereby incorporated into the record of this proceeding. E. City Council Record on Applications ~-:3 WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on July 10, 2001 on the Discretionary Approval Application, and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, F. Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council meeting at which this ordinance was introduced for first reading on July 10,2001, the City Council of the City ofChula Vista approved Resolution No. by which it imposed amendments on EastLake III General Development Plan and adopted a new Sectional Planning Area (SPA) plan, Design Guidelines, Public Facilities Financing Plan, and Comprehensive Affordable Housing Program for Eastlake III. II NOW, THEREFORE, the City of Chula Vista does hereby find, determine and ordain as follows: A. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Supplemental Environmental Impact Report SEIR-Ol-Ol and Addendum has been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedurcs of the City of Chula Vista, and hereby certifies the SEIR-Ol-Ol. B. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council does hereby find that in the exercise of their independent review and judgment, the Supplemental Environmental Impact Report (SEIR 01-01) in the form presented has been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of the City ofChula Vista and hereby adopt same. C. FINDINGS FOR APPROVAL OF P-C PLANNED COMMUNITY ZONE The City Council hereby finds that the proposed Planned Community District Regulations Land Use Districts Map are consistent wifu the City of Chula Vista General Plan, and public necessity, convenience, the general welfare and good zoning practice support the amendments. D. APPROVAL OF PLANNED COMMUNITY ZONE The City Council does hereby approve the Planned Community District Regulation and Land Use District Map as represented in Exhibit_ 111. 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 s-Y the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. IV. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by Robert A. Leiter Director of Planning John Kaheny City Attorney M:\home\planning\luis\pcm-9709.CCO s-s- '-/ L-~<. EXHIBIT A I ....... /', ,"J;:.-._./ _(""'< ' . ',-< '. .,~ R-VAHEY ROAD, II.. ""~_-::'_> i ~'_ ''::'~O'c"'j =- '_'_' " "," '- " C" ".," ~~ X '> :C' I, 't RO'~GY.,"L~. _",",_~ ~', ~-~ -~j' ---' _00"", ,.-. RAN€:1l , ','> /\ ., ~ "'4/ -'''-1 0"- ,_~~" i / ~_.:. '-".--1:... _, ~--, ~- ~-~ '~(\. "! -- '"--LL, \-'_~ j' "''''''- ~.-: .,. II. t>) / < \:::.:.,~, ~.. ~ _.~~;.- Eft.,STlAKE ' all /~~ '\ '-'c', li IU. B~SINESS :'>.. - -<(~n' I, " \'., '-... i.~ ",. 'j "'1'. "" ' qENTER II Y~W~~IL \cA!(:f(c(ir-"tf """~ ,~Z'------)jI~\ \\ ,)(C,~~l_\ ,,' ,A,> ,'.~. .,' _ ~,<<, >,/,-,/,-,--,-,-, ~ . . 0'" . ,- l~1 C<~_~~~~: . .- /''''/ :--s ~__.c!< ..... / ---_/,; ~./' " -- -- // /-! ,-,~ - ~ ( '.'- . , -~._--'._--'---..~--- . . '_.~ ~\'.< // Y /' - / / , , / ! l___ .. '! - i c r-. 000. 0::, - ~.I- ~ I~ LLt I \ \ \ \ \ " s-? EXHIBIT D PLEASE REFER TO ATTACHMENT 4 IN THIS REPORT (EASTLAKE AFFORDABLE HOUSING PROGRAM) ); EXHIBIT E PLEASE REFER TO ATTACHMENT 6 IN THIS REPORT (EASTLAKE III GDP/SP A BINDER) S-P 2), Attachment 3 Figures ::........ "'-:-, .... '. " "- \, " \"''\.. \ . \ "- I '. (~=-~ \ - ...., 2-_,. /\ ',-.? OS/ ) I. (oo/i' ~ I~-, I ~-- I - '" ", ,*"y ,,---"'....---. -- /r---' '\. \ /. I.o---........-....J /':/ _/>/ / -/' y~ .. (~\ \ ',./ '. \ os :(';-P \ ..... . !(j-f(,. \ os '~ \ \ \ \ \ \ \-- \. \. \. p \ \ \ L_________________ ! ! os 1) i :( " Ii \ i; ,I " \i L \ 'f ~ c ) " / (: \, ",.1.\ :\ \i ., .' / i<>''''''~- ...- ...-' ...- i."" RES.DBffiAL MAX. ma.ecmJ lAND USE ACf\!'S DUlAC; _5 OOJAC 8a~ 336.0 ~, '" " ui Low~ 511.6 H <!M. .., ~~m '"' <-" ,'" ., ~~Ht1> 32.~ n-1& '" I~I) -.,- ":;.5..1 17&7du NQN-RESIDENTlAL lAND USE i\Cf\!'S C=Spe~P1anA'''' 25,0 ! C-R_Rft8il " : (H> : ~=J " , HI ; ~::r::JnuI"t1IrInQ 10Z-f1 PO Pubic I; OUBtoi-f'lobllc \140.0 I p ,ParII..I.Rec:t.,,1Ien .., ~OI*ISj)_"OIr.o< 1&6,2 -,... SU." ""~ 1t>30.1tw: 17107"" FAQUTIES {ES)~sr:moI '~I .I"_~Sd1Od (on ~ T.-.g FocJiI~ .-. '..1. _..... ,,"""'" $o<_c..-......iC.V).....O-'-;_.I~ ~ I:ASTLAKE III A PLANNED COMMUNITY BY EASTlAKE DEVElOPMENT Co. (PO (ADOPTED) General Development Plan , .....-'7; G-'~ ./~ t '-, LJ) j /0 /' t PO Ion r 1 \ i , - "'" '*- ,,' ) ~ / ,< \..A i CJ Cinti &~ $a"~~~0!> ~ --:= ;120l~ -= Figure lA TRANSFER 108 ACRES OF RESEARCH & LIMITED MFG. FROM EASTLAKE III TO EASTLAKE II L..~u____._n_n _. I ! i i~ : ~ I- (ADOPTED) General Development Plan :>, '<'~" " "- , " \"'" \ . \" 1 " / ') t-:::~- , - " l--~ ,... . '\ ',_? 00/ ) ! , f./ ~o I.J '" ":-) - (~ /, ""' --' --,' ~ .~ ,,' j: ./~/ ( ./:// \ / ~/ i........../V "" ,.., ,/ ......... RESIDENTlAl MAX. FrooECffi) """USE ACRES DUlAC lNTS DUlAC ~w. "''' '"' '" n ...- u, H ,,, .. ~1otOOI..... "'. ~" "" ., ~ ~...Hq> 32.~ 11-18 ". !5_~ ...,.",. "'" 1Te7du OON-AESIDENTlAL """USE ArnES ~$pecgjP1e.n""..' 25.0 ~RIII" " i~:=~ " , ~ - ~~~""""1UMg 0 :--p;Q': PuDIc" 0uMi-P<dc; \8('-0 i P i P_~'R.cr-.ti.... '0' ~OpenSllac-e&OlhCr 1&6.2 -,- 51-4.'1 ,O>~ 927 .~ l1S1do.o FAaUT1ES (ES)~Se:hoaI (.M5! k.ItI1ISc:tIoc:II (00 QI)ft1!II: Tr~ FoQILH ..__ '4,.(1........".."", __ c:.-_~-..,_~ _.,~ l , .' ~~J.- PLAN AREA t. EASTERN GREENBElT '. ~A, C11, VlTY CENTER r' ~- } in6.' i i / \\;:)'3' I ( " J \! , \..../ ~ \ ( ;jJ1f I ~j ( , " (;;'. \,j '. \ os :c.p.' ; \. <-<<.' \. ~ '-.~.-' \ \ \ \ \ \ \- \ \ \ ' \ \ \ "" to>) ~ EASTLAKE III A PLANNED COMMUNITY BY EASTLAKE DEVElOPMENT co. (Q( NEW GDP WESTERN BOUNDARY f"" .-' i " ) ~ r c - -=j '--- ~ j /' i (' -" ':V;' , " / / 1"/ - "'" ..- r \ " \ \ ) ) ( r: ! ~ Cinti & I\$CX;i<$ &;;-o;;;-~~ r-= ~ 1 -= 71l'OJ!X1 Figure IB EASTLAKE 11\ COMPONENTS EastLake Planned Community ~ ~ ~--: ;'':.-;;:;c-:;::--;''~~'~ ~ \\ 1?o1/ii,g Hin.. ~:",RtJn~,? !5PA. \'\~' ... \... ~....} (~".' "'.. ":\ : Re--"' ., 0~ FIGURE 2 ~~~\><.-~~. ----, . ~~ i ;J 1 EXISTING TERRAIN """'" ~. ~. , "-..:.~ - , . ..;?,. / . . ~w. """'~ :-y~:: //= ~E.x"'Irog(;orJtcu"s ~SaIIo-""" 8- a Ridgeh Sadde [2J DitoctionDlV_ l_ "'"' -- ~ E'ASTLAKE III A PLANNED COMMUNITY BY EASTLAKE DEVELOPMENT co. 423 [1] Ginti &~ San~()If;19Jm~ ,"'",. ~ FIGURE 3 WOODS (WEST) EASTLAKE BUSINESS CENTER Lower otay Reservoir Panhandle Lot &y - .-...-......"..- Cinft land PI<JnnIng ---.-- rn r1-rl~ FIGURE 4 ~ TOTAL 942.3 2.2 2061 PROPOSED General Development Plan .~, /'-~~-'\ "'~ ) ", 'Z; ........ ~--. I "-",--/ - Acres i Target Target i land Use du/ac DUs RESIDENTIAL LM Il ! Low (0.3 dulac) 298.2 2.2 650 LM I LowMedium (3-6 du/ac) 154.5 5.2 799 ~ Med'um 16.11 dulac) 7.3 10.0 73 MH I Med-High (11-18 du/ac) 15.9 15.0 239 H High (18-27+ du/ac) 12.3 24.4 300 Sub--total Residential 488.2 4.2 2061 NON-RESIDENT!Al CR Camm. Retail CT Camm. Tourist P Park PQ PubJidQuasi.Public OS Open Space j Circulation Subtotal Non-Residential 12.2 18.4 15.2 245.0 137.8 25.5 -- 454.1 Lower Otay Reservoir (L) = Undertying Low Density alternat!ve Land Use. Ramto text for alternative land use provisions ~ E"ASTLAKE III A planned community by The Eastlake Company ~s- Clnh Land Planning FCrirn . - OlIO -2Y FIGURE 5A ...._,._~...'^_..__. ':.:, ":~'.- " '-. '\;"" \ "" I '. (~-) \ -..} ,,__ r'\ \ ", '\ '--? ""/ ) I. , // r- ~/ 1/, I "--j ( I r-'=-~.. 1-=-~ .I :---.' ~... " ............-....'-i r":/ ".:/ -/ "V" . ,-'\ . ,1oAtj, \ ',/. '. , o~ ,C-.f' \' .", . ~-F{,. \",< \ \ \ \ \ \ \- \ \. \. ' \ \. \ _h_n_u_ --."_.. ! ~ if \ oc,v, U \ / .- L"'''- / " /' / / FESlD~11A.:. w~y.. ~~ lAtoOUS< ',CfES :xJ!A": \J>IITS D,l/';:: I'l ~ ~_O l-3 ,,, 2.:.2 i LM -1 ~....... ,sf; 6 ~~ 2~~ " ~ _rn ". (_11 ,,, " ~ ~"'" ::;..5 1'-1~ "" 1~.6 ~10tlJ! "'~_7 17G70.. NaN-RESIDErITIAL WD US< I ~~N_' ~~ ~Prol~& -.-.' ~t.II"" ~~"lII1:h' _ UNad MaI'llJlI..:lurn; ----PO--hltl/h:&au.,;-PoA:III<: i P i"""""."'__lion ~Ot*1Spacf1I.0Iroer FAa:;11ES ACRES ~5.D ISS' E>omIorUTYS<:/'oooI ~, <on ,~ ~.~ScrIc<>I ~T,~F__ " 10<:.6 11\0,0 ". HJC.Z _.~ ~U.' T01I\1. 17r;7du !roD_~ ^' .-- ...... ....-.. ~-- ...._.-.-.....:;-"'--"'-..,,y., ~fASTLAKE III A PLANNED COMMUNITY BY EASTLAKE DEVElOPMENT Co. (eft; 1 ~ (ADOPTED) General Development Plan \ \ , -~ '- /J / .' i . r~,.. -.....,~' . /' , \ l .. S?ECj~~ PLAN AB~~ EASTEJ=tt..I GREENBELT ~,ACTIVlTY CENTER _ "\' , " . , , , ;- ~ ) --. --....., / /' ! , , ) . \./ r ) '" <on , \ ) (, ~--JI/ ~' , r ~-j , , / ,/ , .' "~/f i I , - """ - ; ,'" \ /"'" j \ "\ ) i i L CJ Cinti &~ t.a."I/o<9>C\OI9o:t.>>_ -- . coo 1000 7::4)."'-10 ~ - FIGURE 5E II It ;::;6> ~ Q'O--. -;:;-- =: -~ ~o ..... ~ ;;; ~~ <"tt ~ ~~ ~ " ~ ~ -~ ~- 0;-3 ,,~ ;~ ~ )> c.. o "'C - CD c.. ""U ~ o "'C o en CD c.. "TI <C. f:: ..., CD 0> ~ ~ ~ ., ~ ~ ~ ;0 ~ co S !- C5 ro Z ~ < ~ ~ '" II I . o ~ ~ z I I ~ I I ~ :Z::::l:3C: ~ ~~~ >- ~ 3 II "'* . I:;'. I't'; z " co ~ ~ ~ ~ ~~ ro~ <0:- ::: -... <3 ~ ,,~ ~ ~ -~ '" == -~ ;;:... ~ o " ~ ~ ~ >- '" ~ -C> ~ro ~~ ~ ro ~ - =.~ E~~ :=0 _.~ ~ -- _ro _ - ~~ " ~ ~ >-- ~- 3~ _.ro ~.~. - 0 ~.~ ro ... < ~ ~ ;; :- ;;; 0 ~ = ~ - ~ ~ ~~ 0 ~ =:f '" c;; ~ ~ 3::: 3 I'D.... "" ~ ~ ~ ~ 3 3 ~ ;: ro ... ~ o = ! - =: ! ~ ~ ~ 0.. .;.. ... :!:: ~ o ~ ~ ~ -~ o ,",0 :t ~.~ '" ~ Z ~ >- ~ -~ ,",0 -.., ,,~ ~o " ., - ~ ~ ~ ~ - ~ 2. 2. 2. ~= ;::;...... :!,~ ~ ~ <;> ..... ;:'10 ~ ~~ ;;"<.,n :!,= ~ c v ~ ~ ~ ~v ........~ 6- o =v ~N =- :;: ~ < ~ z <=> ~ ~.= ~~ .~ ~~ ~ ~ / I .", ~ . . . 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' <r4;; ". ..--I :./:.../' r >- ~~ c= <(en Oena::: a::: <(0 -'-'I- <(UU Z~W a:::_-, wen-' l-enO ~:)~ wU= C)_en Z"",en <(0<( :x:a:::-1 UU...U " , . .... . LrJ 07 .~ .. '" ~ l ~ ~ ~ ~ ~ 1! ~ i i i G G u. li. IS! ~ IS) G o iii- ' _0' :- ~I ~I f i 1 I!!~" ~"" li. .n :~. ~ ~ ~ .~ [J '.~ \Sl -' <( a::: w Ii:: <( w z~ o a::: - a.. !;(w UZ u...:) en.};, en . <( 0 , -1 l- I U 0:: -~I' 0 /' <(.... , '3=<( ,- i"'-.C:::::i .,.. I <(W ._. o~ \ ~.!- ", C> :Ii \ ~a::: t' .-:x: 0 I \,.. Uu... ."....- ,- . ;, ;, ..1 :1 " Figure 7 j &:4. Z o ~ < H P ~ c::I ~ ~. p.. o ~ :' J (J ----~---~-~ Adopted . Moderate Income Housing Sites Dispersed without assignment in M, MH. & H Categories. EooIl....1I1 E..n....tnll. ..4 EASTLAKE A PlANNED COMMUNITY BY ~mAKE ~ CO fe9; ~intim ~"~...l J SonDoo;J>,;;:". L.-A Date: 618/98 11/24/98 Page 16 of 24 I FIGURE 8A '......_..._'...._.. __._.,____....____.__u~__. . ----.---.._--~_.- '..._,^ ,"""-'......... Low Income Housing Sites o EastLake Vistas Site e EastLake Trails Site e EastLake Land Swap Site o EastLake Greens Site SPA Key Map ~ Moderate Income Housing Sites Dispersed without assignment in M, MH, & H Categories ~ E4STLAKE 7() A planned community by The EastLake Co. L .., .J lM \ ') '~:M\\L .~~ <~~ I CT \ i , <(~ \ -~~~ )? , .. '> \ f'SJ!j '~.\\J \~\ . \\ \i Cinti Land Planning $aIIDtego.CA(.I9):n~7"" m I1..JI ~ FIGURE 8B Attachment 4 EastLake Affordable Housing Program 7( SECTION 11.6 EASTLAKE COMPREHENSIVE AFFORDABLE HOUSING PROGRAM A COMPREHENSIVE PLAN FOR THE PROVISION OF AFFORDABLE HOUSING EASTLAKE TRAILS, WOODS, VISTAS AND "LAND SWAP" PARCELS Approved by the Chula Vista City Council Resolution No. 19275 November 24, 1998 Revised by Bud Gray & Associates 2452 AJT()whead Comt Chula Vista, CA 91915 Contact: Bud Gray (619) 656-6323 (June 20, 2001) C\My DoCUmellls\EASTI.AKE\AHP Easllake IIJ-Revised_doc 7d- TABLE OF CONTENTS II.6.l. INTRODUCTION............................................................................................................... 1 II.6.2. DEFINITIONS.................................................................................................................... 2 II.6.3. CITY OF CHULA "1ST,^. INCLUSION:\RY HOUSING NEEDS ASSESSMENT ........ 3 11.6.4 EASTLAKE AFFORDABLE HOUSING PROGRAM...................................................... 4 II.6.4.1. II.6.4.2 II.6.4.3 LOW INCOME HOUSING ..........................................................................4 Requirements............................ ......... ......................... ............. .... .................. 4 Site Selection Criteria.................................................................................... 5 ~~............................................................................................................5 Unit Mix by Bedroom Count ........................................................................6 Low Income Housing Sites ........................................................................... 5 Phasing.......................................................................................................... 6 Implementation Schedule.............................................................................. 7 MODERATE INCOME HOUSING ...........................................................9 Moderate Income Housing Requirements ...................................................... 9 Moderate Income Housing Sites .................................................................. 10 Phasing ..................................................................................... .................. 10 Implementation Schedule ............................................................................. 11 AFFORDABLE HOUSING RESTRICTIONS........................................... 9 11.6.4.:>1 II.6.4A2 Income EJigi bility ....................................... .................................................... 9 Affordable Monthly Rents............................................................................10 Affordable Housini;( Costs for Owner Occupied Housing............................ 10 Underwriting Requirements ........................................................................... 9 Resale Provisions of Owner Occupied Housing .......................................... 10 Household Size Appropriate for Unit ......................................................... 10 Term of Affordability Restrictions............................................................... 11 SUBSIDIES, INCENTIVES AND FINANCING MECHANISMS ............15 COMPLIANCE REPORTING ................................................................... 16 Rental Units' Compliance Packet and Audit................................................ 16 Home Ownership Units' Compliance Packet............................................... 18 C\My DOCUJDf<!lts\EASTLAKEIAHP Ea!;1]ak~ III-Revised,doc 73 II.6.4.~ II.6.4.7 II.6.5 AFFIRMATIVE MARKETING PLAN ..................................................... 19 IMPLEMENTING AGREEMENTS AND CONDITIONS ...................._.... 19 EXHIBITS ................................................................................................... 20 Exhibit 1 Low and Moderate Income Sites .................................................. 20 Exhibit 2 Maximum Income & Housin~ Expense ....................................... 20 EXHibit 2Exhibit 3 Supplemental Rental Application ..................................21 Exhibit 3Exhibit 4 Semi-annual Report ....................................................... 23 Exhibit 5 Annual Moderate Income Affordable Housing Report ................ 20 Exhibit 1Exhibit 6 Homebuyer's Qualifying Form...................................... 26 EXHibit 5Exhibit 7 Affirmative Marketing Plan........................................... 27 7~ 11.6.1 INTRODUCTION The City of Chula Vista ("City"), along with all other cities in California, is required by state law to have a Housing Element as a component of its General Plan. The Housing Element describes the housing needs of the community and the responses necessary to fulfill them. The City of Chula Vista Housing Element of 1991 contains numerous objectives, policies and related action programs to accomplish these objectives. Key among these policies is the affordable housing policy which requires that residential development with fifty (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 five percent (5%) to moderate income households. In order to guarantee the provision of Affordable Housing opportunities, the City requires that a specific Affordable Housing Program ("AHP") and agreement be consistent with the Housing Element of the Chula Vista General Plan and be prepared and signed by the Developer. This Affordable Housing Program is intended to delineate how, when and where the units would be provided, intended subsidies, income rent restrictions and methods to verify compliance. The program may be implemented through various mechanisms including development agreements, tentative map conditions, and specific housing project agreements which may impose additional terms and conditions consistent herewith. The EastLake Comprehensive Affordable Housing Program, as used herein, applies to the following future neighborhoods identified in the EastLake II & EastLake ill General Development Plans. . EastLake Trails (EastLake II GDP) . EastLake Vistas (EastLake ill GDP) . EastLake Woods (EastLake ill GDP) . EastLake Land Swap Parcels (EastLake II GDP) The EastLake Comprehensive Affordable Housing Program is consistent with the City's affordable housing policies and is expected to be completed in three phases. Construction of 61-30 low income and 61-30 moderate income housing units in the Initial Phase is scheduled to begin before the issuance of the l2Qlst 1.001" building permit. The second phase is scheduled to start before the issuance of the 2401st building permit. The third phase is scheduled to start before the issuance of the 3,20 I 5t building permit (see the section entitled "Implementation Schedule" in this program). EastLake II & ill are planned to include a total of ~3.954 3,954 housing units. The low income housing units (~198) shall be located at three sites in the different neighborhoods as shown on Exhibit 1, Low Income Housing Sites. The moderate income housing units (~ 198) are expected to be distributed throughout the project in Residential- Medium Density, Residential, Medium-High Density, and Residential - High Density. 7S- 11.6.2 DEFINITIONS Affirmative Marketing Plan: An outline that details actions the developer will take to provide information and otherwise attract eligible persons in the housing market area to the available housing without regard to race, sex, sexual orientation, marital status, familiar status, color, religion, national origin, ancestry, handicap, age, or any other category which may be defined by law now or in the future. Affor-dable Rental Rate: The rent to be chaFe::;e" to a low income hsoueholds Asall flOt exceed the Fair market Reflts ("FMR's") set by HUD Ofl afl aflflual basis based on the IIumbersfbedrooms ",,.ithifl the uIlit. It includes sheltcr rent and the cost of utilities, except telephoIles. Currently, BUD sets the FMR's at the 10th percefltile distributiofl of standard quality FeAtal housiAg uIlits. The 10th perceAtile r-eIlt is dra.",n from the distribution of feAts of units WAicA are occupied by receflt mo\'ers (r-eIlter households wAS moved iflto their uIlits withiA tAe past 15 mOl!ths). Usage of FMR's aSSHf-es eacA household pays equal proportiol!ate share of mIlt. There are no miIlimuffi r-ent r-eqairemeIltG. The FY 1998 FMR's are as follows: M:etropolitan Statistical :\rca San Diego, C'\ BH< ~ -!--M ~ ;4d $-69+ J-.bd $-%0 4--M $ 1,133 Low Income Household: A household of persons who claim primary residency at the same unit with combined incomes that do not exceed 80% of the Area Median Income for the San Diego area (adjusted annually) based on household size.. as established by and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937 and as also published in the California Administrative Code. See Exhibit" "for the annual income limits as published bv the United States Department of Housing and Urban Development (RUD). Household size is calculated by the number of persons residing at the same unit as their primary residency. For the paf]3ose of ealClJiating iIleome, the gHideliIles eOIltained iIl HUD regulatiofl 21CFR 813.106, as tRey may be ameAeed from time to time, shall be Hsed. Moderate Income Household: A household of persons who claim primary residency at the same unit with combined incomes between 80% to 120% of the Area Median Income for the San Diego area (adjusted annually) based on household size., as established by and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937 and as also published in the 7& California Administrative Code. See Exhibit" "for the annual income limits as published by the United States Department of Housing and Urban Development (BUD). Household size is calculated by the number of persons residing at the same unit as their primary residency. For tHe pHfJJose of calculatiRg iRcome, tHe guideliRes cORtaiRed in BUD regHlatioR 21CFR 813.106, as they may 13e ameRded from time to time, shall 13e Hsed. Qualified Term: The leRgtH of time tile reRtal unit mHst remaiR affcordable to lov. iReslBe IIsusellolds. IR tHe eveRt Developer obtains sH8sidized financing, the QHalified Term sllall be dictated by the selected f,mdiRg SGlIrce. If tile selected fllfidifig Aas fiG qHalified term, it sHall be fifty fi ve (55) years. In tho event that RO subsidized financiRg is obtained, the QHalified Term shall be tweRt)' (20) )'ears from tile date oftHs completioR of tile fiRal iRspeetioR f-or each structllfe. San Diego Area Median Income: The San Diego County area median income level as determined from time to time by the Department of Housing and Urban Development, United States Government, based on household size. Subsidized Financing: Any financing provided by any public agency specifically for the development and construction of low or moderate income housing units7' including but not limited to the following: . Low Income Housing Tax Credits (LIHTC) - statewide competition; . Housing Bonds - State; . Housing Bonds - City; . Redevelopment Low and Moderate-income Housint:! fund - Redevelopment Agencv; . HOME - City and County; . CDBG - Citv; and. . Other Public Financing - State and Federal II.6.3. CITY OF CIIUL'. YISTA INCLUSION,^.RY IIOUSINC NEEDS ASSESSMENT ,'.s the State Regional Needs !\ssessmeRt indicates, housing for Jarge families is the siRgle greatest need in our commHRity. !\ receRt slIf'o'ey of CIIHla Vista sllowed that withiR a tllr-ee 77 -.....-.----.-.--.-...-.-----.----r---...---...----.----- mile radius of Cordova in Rancne del Rey, (an aff-ordab]e nOtwing develafJment on tne east side of Cntlla Vista) there are] ,331 market rate rentals of which 110 arc three bedrooms and zero are fatlr bedrooms. Only g.2<1{ of the market rate rentals are thr-ee bedrooms. Given that 11% of the households in Chula Vista (according to the ]990 Census) lire large families (of five or more fJersans), and asstlming the desire f-or eqtlal distribtltion of these families thro~lghout the City, the private market is Hot producing adequatc hOtlsiHg for large families (three or more bedreeffi units) on the east side. Thtls, shotlld the City of Chtlla Vista choose to participate in financing affordable housing to families of 10'''' income, the City '.vouId pref-er to invest iH aff-ordable developmeflts witl1large units. ,^.Hotner City of Chtlla Vista objective thr-otlgh its hotlsing policy is to broaden the availability of housing t)'fJes and increase home ownership opp0l1unities for low income hotlseholds. ,'\5 the Sate Regional Needs ,'\ssessmeHt iHdicates, due to the nigh cost of buying a home in Southern California, home o'",nersl1ip is raroly affordable to families witl1 lew incomes. Tne 1990 Census data shov;s that amoHg homeowners iH Chtlla Vista, the 10'....er the household income, the higher the percentage of r-espective household incomes goes to the mortgage fJa)ments. Making home ownership affordable to families witR low iHcome is the key to this objecti'/e. Should the City ofChula Vista choose to participate in finuncing affordable hotlsing, the City wotlld prefer to invest in Rome oWl1ersRip opporttlnities for families of low income. Accordin!; to SANDAG' s Preliminary 2020 Cities/Countv Forecast. ChuJa Vista is expected to gain 46,000 new rcsidcnts and 13,80] new households. The charllctcristics ofthc City's population, housing, and employment that affect its housing goals. policies. and programs includc: if 6/21101 . Chula Vista residents have household income and age characteristics that nearly match the regional median. . The population has more di versity in race/ethnicity than thc region, in that 44 pcrcent of the population is white (non-Hispanic) and 42 percent is Hispanic (aJl races). this compares to 61 percent and 23 percent respectivcly. . Household size is slightlv larger than the rqdon, at 3.0 persons per household for Chula Vista, compared to 2.83 persons per household for the region. . A large supplv of vacant developable land is planned for communities with a wide variety of densities and land use types. . The weJl establishcd neighborhoods and master planned neighborhoods crcate different opportunities and require a different set of policies and programs to address housing needs. . The City's diverse cmplovment base will grow by more than 47 percent between 1995 and 2005, with the maioritv of growth in the retail. service, and government scctors. . A hi gh rate of new home construction is anticipated due to thc many approved master planned communities in the City. . Reinvestment in the well-established neighborhoods of Western Chula Vista continues to be needed. . Approximatelv 13,000 units will be 50 years or older by 2004. . A home owncrship rate of 53 percent is nearly the same as the region's rate of 54 percent. . The verv low rental vacancy rate of 1.1 percent indicates likelv increased housing costs and grcater likelihood of ovcr-crowding. . The median housing cost (rcsale) of $]77,000 is $]8,500 less than the region's median cost of $]95,500. . A verage rents are 10 percent to 30 percent lower than the region wide average rents. The City has two sets of numerical housing goals established by SANDAG. which are also addrcssed in thc Housing Elcment: thc City's share of the region's future housing needs (regional share goals) and the affordable housing goal for self-certification. The total regional share goal is 10.401 new housing units of which 1,889 arc very low-income units Page 6 of 3TH (Eastlake II & III) 79 6/21/01 and 1.535 are low-income units. The estimated affordable housing goal for self-certification in 2004 is 1.029 housing ojJportunities for low-income households. 11.6.4 EASTLAKE II & III AFFORDABLE HOUSING PROGRAM 11.6.4.1 LOW INCOME HOUSING . Requirements The EastLake Trails, "Land Swap" parcels, and EastLake ill Developments are required to provide a minimum of 10% of the number of permitted dwelling units as affordable housing, of which 6fIe-One-half shall be provided as low income housing and one- half will be provided as moderate income housing Based on the total number of permitted dwelling units, a total of ~-396 low and moderate- income housing units are required to be provided within the project, of which ~198 will be provided for low-income households, and ~198 will be provided for moderate-income households. . Types of Affordable Housing Thc housing policies and programs cstablished in the City of Chula Vista General Plan Housing Element advocate a broad variety and diversitv of housing types. The affordable housing obligations of Eastlake Trails. "Land Swap" parccls. and Eastlake III developments will be met through a combination of housing types that may include rental housing. "for- sale" housing. second dwelling units or othcr forms of housing. In general. low income housing needs will be satisfied through the provision of rental units and "for-sale" housing. Housing opportunities to meet the nceds of moderate-income households will be primarily provided bv "for-sale" housing. . Site Selection Criteria The low iRcomelocation of affordable housing s+tes-developments were selected HsiRg the following soction criteria which is proscribed iR the City of Clmla Vista GeAeral Planshall take into consideration proximitv and availabilitv of the following: a. SHCA HAits are located AearExisting or proposed public transit facilities, including bus routes along arterial highways. or transportation routes; b. Sue!! units am located \vithin walkiAg distance of futureExisting or proposed communitv facilities and services. such as retait commercial and support services, public facilities and schools; and. c. Existing or futurc cmp!oyment opportunities. Page 7 of 37H (EastLake II & III) y() . -'.'-"'~'-"'---"'-'.'._'._---~-_--r-'__'''~'_'"''''______'---- ---. 6/21/01 e-,Every effort has been will be made to make targeted sites for the low aHd moderate iRcome housiflg uflitscnsure compatibililYe with adjacent residential units (i.e., densities, design, etc.). . Desi gn Affordable housing shall be compatible with the design and use of the market rate units, in terms of appearance, materials. and finish quality. The developer shall have the option of reducing the intetior amenities, levels, and square footage of the affordable units. . Unit Mix Bv Bedroom Count The affordable units shall have an overall unit mix by bedroom count which reflects the appropriate communitv need. Given that 14 percent of the households in Chula Vista (according to the 1990 Census) are large families of five persons or more and a desire on the part of the City to have housing opportunities for these families throughout the Citv, proposed affordable housing developments shall proyide a minimum number of three or more bedrooms. The minimum number of three or more bedroom units shall be based upon the number of large households of five or more persons in Chula Vista using such sources as Census information or other reliable data sources as agreed to by the City. Affordable housing to be sold and occupied by income eligible households (for sale units) shall also provide a minimum of two bedrooms. Should the developer satisfy the affordable housing obligation through the provision of housing for senior citizens as defined by Section 51.3 of the California Civil Code, the developer does not need to provide three bedroom units. However, the developer may only satisfy such obligation through the provision of housing for senior citizens if the City considers such housing to be a high priority need and it provides advantages as to location, diversity of housing types, and/or affordability levels. . Affordable Housing Credits For Large Units Given that 14 percent of the households in Chula Vista, according to the 1990 Census. are large families of five persons or more and a lack of large units to accommodate these households, the city desires to encourage the development of large familv units of three or more bedrooms. The Citv will provide and additional 0.5 unit credit for those three bedroom units created and a 1 unit credit for those four bedroom units. . Low Income Housing Sites Three sites have been selected for low income housing units within EastLake II & m (See Exhibit 1). Page 8 of 37~ (EastLake U & III) I ~( ._ _~ ___...___._._.,..__.___. ..M..... ___...___.....____.. 6/21101 Site 1. This site is located within the Vistas neighborhood, south of Olympic Parkway in close proximity to the Olympic Training Center. The site is designated High (1S-27 duJac). The low income units at this site will supplement the on site dorms at the Olympic Training Center. Site 2. This site is located near the nOlthwest quadnmt of tAe iHtersectioH of Ota)' Lates Road aRd Hemte Parkwa)'within the Trails North neighborhood on the south side of Otay Lakes Road in proximitv to the future Salt Creek Community Park. The site is designated Medium Residential (6-11 du/ac).Low Medium (3 €i dHlac) and '.viII require a future plaR amendmeHt to redesignate the site to Medium High (11 18 dHlac). The site is in close proximity to the Eastlake BHsiHess CeHter. Site 3. This site is located in the "Land Swap" Parcel (R-9) which is designated Medium High (1l-lS duJac) with a density range of 15-25 duJac and a target of750 dwelling units. The low income housing units will be integrated into the development of Parcel R-9, which is located on EastLake Parkway, adjacent to the EastLake Activity Corridor. . Phasing The low income housing units would be completed in three phases. The Initial Phase consists of €i(}-30 units and the Remaining Phases consists of (M-S2 and €i(}-86 units for a total of ~19S units. Every effort will be made by the Developer to produce additional low income units at the first and second phases if the opportunity to produce such units becomes feasible. . Implementation Schedule Low Income Housing EastLake Comprehensive Affordable Housing Program PHASE I Timing Items to be Completed Prior to approval of the 40lst building pennit Submit a SPA application for EastLake III identifying specific low income housing sites consistent with the Affordable Housing Program and provide proof of control of sites for all phases in the fonn of a trust deed or an option agreement. Prior to issuance of the 50 I st building pennit Identify intended subsidies, incentives, and financing mechanisms for all phases to the satisfaction of the Director of Community Development. Prior to issuance of the 60 I st building pennit Submit and obtain approval for a marketing plan from the Community Development Department. Page 9 of 37H (EastLake n & III) I y~ .,--.--.~-----,.,--,-_._~. 6/21/01 Low Income Housing EastLake Comprehensive Affordable Housing Program PHASE I Timing Items to be Completed Prior to issuance of the 701st building permit Submit a design development plan to the Planning Department for the construction of Phase Ilow income housing units (61 units). Prior to issuance of the 9015t building pennit Obtain Design Review approval for the construction of the Phase I low income housing units. Prior to issuance of the +dQ.I-fitl.OOlst building Obtain building pennits for the construction of the Phase I permit for EastLake Trails low income units and identify specific location of low income units within project. Prior to the issuance of the g{)..l.""'1.301st Obtain City's final inspection and utilities release for low building permit or one year from the date of the income units or obtain Director of Community Development issuance of the first low income building pennit approval of up to a maximum of six month extension based issuance, whichever occurs first. upon market pre-sales rate of low income units. Total Low Income Housing Units, Phase I 60 Page 10 of 371+ (EastLake II & Ill) I y3 6/21101 Low Income Housing EastLake Comprehensive Affordable Housing Program PHASE II Timing Items to be Completed Prior to approval of the -M<J+ "1.60 I st building Confinn location of low income housing site for Phase 11. pennit Prior to issuance of the +,.eQ+5!-1.701st building Confirm intended subsidies, incentives, and financing permit mechanisms for all phases. Prior to issuance of the ~*1.80Ist building Submit and obtain approval for a marketing plan from the permit Community Development Department. Prior to issuance of the 1,90 I st building permit Submit a design development plan to the Planning Department for the construction of Phase II low income housing units (62 units). Prior to issuance of the 2,101st building pennit Obtain Design Review approval for the construction of the Phase II low income housing units. Prior to issuance of the 2,401st building Obtain building pennits for the construction of the Phase II low and moderate income units and identify specific location of low and moderate income units within project(s). Prior to the issuance of the 2,701st building permit Obtain City's final inspection and utilities release for low or one year from the date of the building pennit income units or obtain Director of Community Development issuance, whichever occurs first. approval of up to a maximum of six month extension based upon pre-sales rate of low income units. Total Low Income, Phase II e;!S 2 Page 11 of 37?H (EastLake U & ill) I y-'f ._~--_._-^_._-_. Low Income Housing EastLake Comprehensive Affordable Housing Program PHASE III Timing Items to be Completed Prior to approval of the 2,401st building permit Confirm location of low income housing site for Phase III. Prior to issuance of the 2,501st building permit Confirm intended subsidies, incentives, and financing mechanisms for all phases. Prior to issuance of the 2,601st building pennit Submit and obtain approval for a marketing plan from the Community Development Department. Prior to issuance of the 2,701st building permit Submit a design development plan to the Planning Department for the construction of Phase II low income housing units (60 units). Prior to issuance of the 3,001st building pennit Obtain Design Review approval for the construction of the Phase II low income housing units (60 units). Prior to issuance of the 3,201st building Obtain building permits for the construction of the Phase III low income units and identify specific location of low income units within project. Prior to the issuance of the 3,501st building permit or one Obtain City's final inspection and utilities release for low year from the date of the building pennit issuance, whichever income units or obtain Director of Community Development occurs first. approval of up to a maximum of six month extension based upon pre-sales rate of low income units. Total Low Income, Phase III W86 6121/01 Page 12 of 3TH (EastLake n & Ill) I ~j 6/21101 . Contingency Plan Developer shall diligently pursue completion of the construction of the low-income housing units as per the above implementation schedule. However, if the performance obligations are not achieved as per the implementation schedule, in addition to any and all other rights and remedies the City may have to enforce Developer's affordable housing obligations, the City shall have the right to require that the EastLake Greens surplus low-income units be automatically used to satisfy the low-income housing obligation of EastLake II and ill. 11.6.4.2 MODERA TE INCOME HOUSING . Moderate Income Housing Requirements EastLake II & ill includes ~3.694 housing units of which five percent (5%), or one hundred eight)' threeninety-eight (-l-&J198), must be moderate income housing units. These moderate income housing units sl1all 80nsiGt of for ~;ale 110Hsingobligation may be met through a combination of housing types including rental and "for sale" housing. . Moderate Income Housing Sites The residential densities of Medium, Medium-High and High have been selected as the sites for moderate income housing units within the EastLake II & ill project. The location of these parcels are distributed throughout the project (refer to General Development Plans). . Phasing The moderate income housing would be completed in three phases. The Initial Phase consists of 61 units and the Remaining Phases consists of 62 and 60 units. Page 13 of 37J+ (EastLake II & III) I flo .m_""_,,,,,,__ 6/21101 . Implementation Schedule Moderate Income Housing EastLake Comprehensive Affordable Housing Program PHASE I Timing Items to be Completed Prior to issuance of the 1,201st building pennit. Provide proof to the satisfaction of the Community Development Director that 30 Moderate Income housing units have been delivered to Moderate Income family households. Prior to the issuance of the l,501st building pennit Provide proof to the satisfaction of the Community Development Director that 31 Moderate Income housing units have been delivered to moderate income households. Total Moderate Income, Phase I 61 Moderate Income Housing EastLake Compreheru;ive Affordable Housing Program PHASE H Timing Items to be Completed Prior to issuance of the 2,401st building Provide proof to the satisfaction of the Community Development Director that 31 Moderate Income housing units have been delivered to Moderate Income family households. Prior to the issuance of the 2,701st building pennit Provide proof to the satisfaction of the Community Development Director that 31 Moderate Income housing units have been delivered to moderate income households. Total Moderate Income, Phase II 62 Moderate Income Housing EastLake Compreheru;ive Affordable Housing Program PHASE III Timing Items to be Completed Prior to issuance of the 3,201st building Provide proof to the satisfaction of the Community Development Director that 30 Moderate Income housing units have been delivered to Moderate Income family households. Prior to the issuance oflhe 3.501st building permil or Provide proof to the salisfaction of the Community one year from the date of the building pennit Development Director that 31 Moderate Income housing issuance, whichever occurs first. units have been delivered to moderate income households. Total Moderate Income. Phase III 60 Page 14 of371+ (EastLake II & III) I Y7 II.6.4.3 AFFORDABLE HOUSING RESTRICTIONS . Income Eligibility To determine the eligibility of a household for the low income housing unit. the household purchasing or renting the affordable unit must qualify as a low income household. as established by and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937 and as also published in the California Administrative Code. See Exhibit 2 for the annual income limits as published bv the United States Depat1ment of Housing and Urban Development (HUD). . Affordable Monthlv Rents For rental housing. compliance with the affordable housing requirements is determined by verifying that the total rent cost paid bv the tenant is considered affordable as defined below. To determine affordable rent costs. monthlv "Affordable Rent" includes all actual or proiected monthly payments for the following: 1 . Use and occupancy of a housing unit and the associated land and facilities; . Anv separately charged fees and service charges assessed by the lessor which are required by all tenants but is not to include security deposits; . A reasonable allowance for utilities (including garbage collection. sewer. water. electricity. gas and other heating. cooking. and refrigeration fuels but not to include telephone service. cable TV. or high speed modem) as defined by the Federal Regulations for the Tenant Based Rental Assistance Program; and. . Possessory interest taxes or other fees and charges assessed for use of the associated land and facilities by a public or pri vate entitv other than the lessor. Affordable monthly rent is not to exceed the following calculations: . Verv Low Income: 50 percent of the Area Median Income (AMI) for San Diego Countv. adiusted for household size appropriate for the unit. multiplied by 30 percent and divided by 12. Low Income: 80 percent of the Area Median Income (AMI) for San Diego County. adiusted for household size appropriate forthe unit. multiplied by 30 percent and divided by 12. Moderate-income: 120 percent of the Area Median Income (AMI) for San . . 125 California Code of Regulations Section 6918 6/21101 Page 15 of 37:++ (EastLake II & III) I ff 6/21/01 Diego Count v, adiusted for household size appropriate for the unit, multiplied bv 28 but not more that 35 percent and divided bv 12. Should subsidized financing and other incentives from a public agency be proposed and obtained, the affordable monthlv rent shall be dictated by such program or granting Agencv. If no affordable rent is spccified. affordable monthlv rents shall be established in accordance with Section 50053 of the Califomia Health and Safety Code. . Affordable Housing Costs for Owner Occupied Housing For ownership housing (for sale units), compliance with the affordable housing requirements is detennined by verifying that the sales price paid bv the buyer equates to a total housing cost that is considered affordable as defined below. To determine affordable housing costs, monthlv "Housing Payments" includes all actual or proiected monthly payments for the following: . Principal and interest on a mortgage loan, including rehabilitation loans, at the time of initial purchase by the home buver; Allowances for propertv and mortgage insurance; Property taxes and assessments; and Homeowner association fees. . . . Affordable monthly housing payments are not to exceed the following calculations: . Verv Low Income: 50 percent of the Area Median Income (AMI) for San Diego Countv, adiusted for household size appropriate forthe unit, multiplied bv 30 percent and divided by 12. Low Income: 80 percent of the Area Meclian Income (AMI) for San Diego Countv, adiusted for household size appropriate for the unit, multiplied by30 percent and divided by 12. Moderate-income: 120 percent of the Area Median Income (AMI) for San Diego County, adiusted for household size appromiate for the unit, multiplied bv 28 but not more that 35 percent and divided bv 12. . . Should subsidized financing and other incentives from a public agency be proposed and obtained, the affordable monthlv housing payment shall be dictated by such program or granting Agencv. If no affordable monthlv housing pavment is specified, the affordable monthlv housing payment shall be established in accordance with Section 50052.5 of the California Health and Safety Code. Page 16 of 37~ (EastLake II & III) I H 6/21/01 . Underwriting Requirements To ensure the preservation of affordability of proposed low and moderate-income housing and the financial viabilitv of program participants. the City shall encourage the following policies: . Fixed rate mortgages only. No adjustable rate mortgages: Affordable monthlv housing payments not to exceed 33 percent of household income ("Front End Ratio"). Total debt payments not to exceed 45 percent of household income ("Back End Ratio"): . . No "teaser" rates: and. No non-occupant co-bon'owers. . . Resale Provisions of Owner Occupied Housing In order to ensure the continued affordability of the units. resale of the units must be restricted for the required term of thirtv (30) years. After initial sale of the affordable units to a low-income household. all subsequent buyers of such units must also be income eligible and the unit must be sold at an affordable price. A developer may opt to have no income or sales price restriction for subsequent buvers. provided however that restrictions to the satisfaction of the Citv are in place that would result in the recapture by the Citv or its designee of a financial interest in the units equal to the amount of subsidy necessary to make the unit affordable to a low income household and a proportionate share of any equity. to be determined and specified within the Affordable Housing Agreement executed for the proposed affordable housing development. Funds recaptured by the City shall be used to provide assistance to other identified affordable housing production or contributions to a special needs housing project or program. To the extent possible. projects using for-sale units to satisfv the obligations of developers under the Citv's Affordable Housing Program shall be designed to be compatible with conventional mortgage financing programs including secondary market requirements. . Term of Affordabilitv Restrictions Should subsidized financing be proposed and obtained. income and rent restrictions for an affordable rental proiect shall be implemented for the remaining life of the proiect. which is presumed to be a minimum of fiftv-five (55) vears from the date of completion of the final inspection for each structure. In the event that no subsidized financing is obtained, such affordabilitv restrictions shall remain in effect for thirtv (30) vears from the date of completion of the final inspection for each structure. The term of affordability and resale restrictions for affordable for-sale units is more appropriately described above. "Resale Provisions of Owner Occupied Housing". Page 17 of 37:+1- (EastLake II & III) I 9iJ 6/21101 11.6.4.3 SUBSIDIES, INCENTIVES AND FINANCING MECHANISMS The Citv agrees to use its reasonable best efforts to assist the developer in pursuing the benefit of cel1ain financing mechanisms, subsidies, and othcr incentives to facilitate the provision of affordable housing for low and moderate income households to the extent such resources and programs for this PUl'Pose are avai lable. These mechanisms, subsidies, and incentives, which could reduce the cost of providing affordable housing, include. but are not limited to, local. state and fcderal subsidies, Citv density bonuses, planning and design and development techniques and standards, and Citv fee deferrals or waivers (collectivelv, the "Cost Reducing Mechanisms"). Potential subsidies, incentivcs, and financing mechanisms that may be used to facilitate the provision of affordable housing include the following: In the eyentDeyeloper obtains subsidized financing, the Qualified Term shall be dictated by the selected funding source. If the selected fundinf; has no qualified teffil, it shall be fift)' five (55) years. In the event that no subsidized financing is obtained, the Qualified Term shan be twenty (20) years from the date of the completion of the final inspection for each structure. Below is a list of some of the potential funding mecAanisms tAat the Developer may use for aff-ordable Rousing: . Low Income Housing Tax Credits (LllITC) - statewide competition; Housing Bonds - State; Housing Bonds - City; Redevelopment Low and Moderate-income Housing fund - Redevelopment Agency; HOME - City and County; CBDG - City; and Other Public Financing - State and Federal. . . . . . . This list is not intended to limit the use of other subsidies, incentives, or other financing mcchanisms that are now available or may become available in the future. City agrees to the extent it deems reasonable to use good faith and FeasonaIJle best efforts to assist Develeper in pHrsHing tAe benefit of certain financing and otAer mecA8nisIR 'i.-hicA will r"d,lCe the cost of providing aff-ordable housing in EastLake II & III, sOlRe of whicA reqHire arrl'o\'als from, or allocations by, state agencies, incIHdinf;, bHt not limited to local, state, and federal subsidies and City bonuses, plaRl'ling, and design and development techniques and standards whicA wdHce tRe cost ofrro\ iding affonlable ROl-lSing (cellecti'.-ely, the "Cost Rcdaciag MechaaisfHs"). The parties acknowledge that the City is not hereby committing and cannot guarantee the availability of any Cost Reducing Mechanisms to the Developer for EastLake II & m. The City reserves the right to approve or disapprove, in its sole discretion, any developer request for substantial financing. Page IS of 37?H- (EastLake n & III) I qr 6121101 . Density Bonus Proiects which meet the applicable requirements of State Law (Government Code Section 65915) as a result of the affordable housing units are entitled to a density bonus or other additional incentives in accordance with the provisions of such law. 11.6.4.4 COMPLIANCE REPORTING All Compliance Reports shall be submitted to the City of Chula Vista Community Development Department and an independent trustee hired by the Developer to monitor the Developer's compliance. The requirements imposed by providers of subsidized financing or other Cost Reducing mechanisms may replace the terms described below if City so approves. Rental Units' Compliance Packet and Audit a. Should a Developer seek approval by the City to credit a tenant toward its low income housing obligation, the Developer must give the City, at a minimum, a compliance packet including the following: Supplemental Rental Application - E)[l1ibit 2Exhibit 3 Semi-Annual Report - Exhibit 3Exhibit 4-A, 3-B, 3-C Authorization to Release Information by Purchaser Acknowledgment that the Information is for City's Reporting and Administration Use Only Developer shall not be required to perform any extraordinary investigation or verification regarding such information other than Developer's usual and customary means of income verification. Developer shall retain the Supplemental Rental Application and any supporting documents for a period of at least twe-three Q2.) years after the applicant ceases to occupy a low income housing unit. b. Should a Developer seek approval bv the City to credit a dwelling unit towards its moderatc incomc housing obligation. the Devcloper must give the City. at a minimum. a rep0l1 velifying compliance with the terms of this document and/or the subsidized financing program: . Annual Moderate Income Affordable Rcntal Housing MonitOling Report (Exhibit ). Developer shall retain anv supporting documents for a period of at least three (3) years after the initial occupancy of the unit to verify thc accuracv of the monitoring repol1. Developer shall not be required to perform any investigation or verification of Page 19 of 37:J:l- (EastLake II & III) 9~ -. - ~....-.....-._-- -'-'~'----'---"'-'----'---~-~'--'----'~" 6121101 income for purposes of Qualifying the household for moderate income eligibility. &.c. A household occupying a designated low income unit whose annual income increases subsequent to occupying said unit (referred to as "over income household") and thus exceeds the SO% of area median income, need not vacate the apartment. However, at the Developer's discretion, this over income household's monthly rent (including utilities) may be increased to the market rate. Regardless of a rent increase, the Developer can no longer credit this over income household toward its 5% low income requirement and is obligated to replace this unit by renting the next comparable unit to a low income household as per the paragraph below. Thus, the Developer shall ensure appropriate language is included in the lease requiring tenant to provide income information biannually and acknowledge that should its income increase, the household may be subject to a higher rent. Adjusted monthly incomes can be calculated using rules according to the HUD Handbook 4350/3 Occupancy Requirements for HUD Subsidized Multifamily Housing. The location of the designated units may change over time (to be referred to as "floating units") as long as the total number of affordable units remains constant and that substituted units are comparable in terms of size, features, and the number of bedrooms, as determined by the Director of the Community Development Department. If the over income household does not vacate the unit, the Developer must assure that when the next comparable apartment becomes vacant, the newly available unit must be rented to a low and/or moderate income household, as a floating unit, to replace the previously designated unit no longer housing a low income household. If the over income household chooses to leave, the vacated unit retains its low income unit designation. If a residential apartment complex is designated as 100% low income, the over income household will not be required to vacate, if it pays the increased rent, and the unit will not be replaced with a "floating unit". When the over income household vacates the unit, the unit retains its low income unit designation. c. If the city determines that an outside audit is necessary to verify the accuracy of the submitted rent roll, then on a basis no more frequently than once a year, it may require such an audit at the expense of Developer. In such event, within ten (10) days after delivery of the City's written request for such outside audit, Developer shall deliver to the City the names of three (3) certified public accountants doing business in the Metropolitan San Diego area. City will promptly deliver to Developer notice of approval by the City of one or more of said names. The audit shall be completed by an approved certified public accountant, at Developer's sole cost and expense, within sixty (60) days after the delivery to Developer of City's approval. The certified public accountant shall promptly deliver a copy of the written audit to the City. Such audit shall be an audit of Developer's records, including the information supplied to Developer by the low income tenants. Page 20 of 37CJ+ (EastLake n & III) Cf3 6121/01 The auditor shall not be required to verify the accuracy of the information provided by the low income tenants. . Home Ownership Units' Compliance Packet Should Developer seek approval by the City to credit a home purchase toward its low income housing obligation, the Developer must give the City at a minimum a compliance packet including the following: Copy of Settlement Sheet Homelmyer's QHalifieatioH Form Exhibit '1 f.uthorization to Release Informatioa by Purchaser .'\clmowledgmeat that the IafDrmatioa is fDr City's Rerortiag aad i\dministratioa Use Oaly Final 1003 Uniform Undelwritinfi!: Transmittal Summarv Settlement Statement and Good Faith Estimate Verification of low income buver completed by developer under or on behalf of the Citv Developer shall not be required to perform any extraordinary investigation or verification regarding such information other than Developer's usual and customary means of income verification. Developer may contact the City's Community Development Housing Division's Housing Coordinator to confirm the City's acceptance of the applicant as credit toward Developer's low income housing unit obligation. Developer may contact the City prior to the sale of the unit for consultation purposes if desired; however, approval will be given in writing only after required documents are reviewed and accepted by the City. Should Developer scek approval bv the City to credit a home purchase toward its moderate income housing obligation. the Developer must give the City at a minimum a compliance packet including the following: . Homcbuver's Oualifving Form (Exhibit 6). Developer shall retain any supporting: documents, such as copies of settlement sheets. the Final 1003 or other appropriate documents. for a period of at least three (3) vears after the initial sale of thc unit to verify the accuracy of the monitoring report. Developer shall not be required to perform any investigation or verification of income for purposes of aualifving the household for moderate income eligibility. 11.6.4.5. AFFIRMATIVE MARKETING PLAN Developer shall provide a marketing plan acceptable to the City, in the City's reasonable discretion, for proactively marketing the low and moderate income housing units to low and Page 21 of 37:J:l- 9~ (EastLake U & III) I 6121101 moderate income tenants and purchasers, respectively, at the time specified in the Implementation Schedules in Sections A5 and B4 above. Developer shall use good faith and reasonable best efforts to market the low and moderate income housing units to low and moderate income tenants and purchasers according to the affirmative marketing plan. See Exhibit 5Exhibit 7, attached hereto, which sets forth the plan requirements. The City will in its discretion use good faith and reasonable best efforts to assist Developer in marketing low and moderate income housing units to low and moderate income tenants and purchasers, obtaining the services of a third-party organization in connection with such marketing efforts, processing the applications of prospective tenants and purchasers of low and moderate income housing units, and complying with the reporting requirements as required herein. 11.6.4.6 IMPLEMENTING AGREEMENTS AND CONDITIONS This AHP may be implemented through various mechanisms including development agreements, tentative map conditions, and specific housing project agreements which may impose additional terms and conditions consistent herewith. 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I{) 0) '<I" 0 ~UaU~:g ~ W m ~oIl)'<tC').....o " " '" 1;1 !HHH iH N 0 ~ ~ " N oR ;;; ;: >- w coC>>....cooC')O! 0 ~ W m M.....NC')U')(Ot-- ~ 0 I" m ....._"'!.~"1cq,":CC!. ~ 1-0 ~ W{fl;;WWfh~ >- z" 0: Oz W ,,- > ~W OOOOOgOO <<" ~~_~~~ _~:1l =>0 Z" ...-C')Il)/'-com.....N Zz {;9U;;flV;v.;;fl&i~ <<- 0 ~ 0 Wo: Zl- IW W 0 W=> W X WI WN Z ~ ~f2 > in >", ~U:i 0 u: w- I- ",W 0 I W " o ~~>-w co-:f:;E ~~O ...JO~ " W " o sg::Jw r--3:F~ g5~ ,,- W " o ;fl.O> oZ...JW (D~F~ g5~ ,,- o ~ o IW WN 3fi) o I EXHIBIT 2 <!.wO'<tCO<;DO.....C') OO:O.....C\lMNN....O M.....mO.....C\lMvtO w./FJ ~..:...:...:....:...: 00 (fl(fllfl V'J(fl ~;1;ffi~~~gie~ 10 $t;~m q..-.",":C\!. N ;flEfioow VMC')C\!<DO"<tOO :gg~~~~Rg i)jggg;i;i;i;2 ...Jwogooooog <(~~~~g~g~... 28"':<60.ocDN<DO ~<:~~$$$:Jj:Jj:ii -;!!.CO(D<DCOIl)Il)Il)Il) 00>0>0:.0>1"-100;<)..... 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'eg'g' ":;: "US "US ~ '6 5 5 ';;; ~ .r::. .r::. ~~~~ ~i~~ 5 ~ i i .r::. 0 I/) I/) >..r::.::J ::J :g~~~ ~ i ~_~ :g~~'e q:oco,g:g ~ ~ ~ ~ g 8 5 5 ~~~~ ~ ~ 5 ~ '" <'IS 0 0 '" (I) E E o .r::. co tI:I (51- >.>- II II::C::C Q) <t> I:: I:: E 5 g g g~~J? - >.1- I- iii::c II II ~ E ;f. ~ I:: 011)0 <(::2 <:\I C') NC')V (EastLake n & OJ) G'o t\!<:":! . . . . "~ ~ . . E E o 0 u u ..s;:..s;: ~ ~ E5 c 0 o 0 "" c o '" . E 2 .E E . ~ o c. !! " . .. . 2 o o 0; ;; is '" c 0; " . :J: C ~ t: . .. . o C ~ .. o .. > 2: '" c " E E . o J! . ;; . , '" " '5 '" (3 . :; u J! c . . . . . . 0: '" . > ~ . E J! c ~ e , u e E e '" o c. !! " . .. W EXHIBIT 2EXHIBIT 3A SUPPLEMENT AL RENTAL APPLICATION The rental unit for which you are applying has received governmental assistance under programs to encourage more affordable housing. As a result, the unit carries a rent level restriction and is restricted to occupancy by low and moderate income households. The information required on this form is necessary to determine you income eligibility to occupy the unit. You must report all household income. Information provided will be confidential and not subject to public disclosure pursuant to State Government Code Section 6254(h). 1. Rental Unit Address 2. Applicant Name 3. Other Household Members 4. Total Current Annual Household Income from all Sources: TOTAL $ Detail: Household Member Income Source 5. Total Gross Annual Household Income shown on most recent Federal Tax return (attach copies of most recent Federal Tax returns for all household members receiving income. Include other verification of income not appearing on tax forms.) TOTAL $ APPLICANT'S STATEMENT I certify, under penalty of perjury, that the foregoing information is true and correct to the best of my knowledge. I understand that any misrepresentation of the information contained herein may be cause for eviction. Signature Date Applicant 6/21/0 I Exhibit 2 - Pal!c I oCl Page 25 of 37 crt (EastLake II & III) ---..-....-.-..-------. EXHIBIT 2EXHIBIT 3B OWNER'S STATEMENT Based on the foregoing information, I certify, under penalty of peIjury, that the applicant is eligible to occupy this restricted affordable unit. Eligibility is based on finding that the applicant household=s current annual income is $ and does not exceed the current maximum household income of $ allowed under the terms of a Development Agreement with the City of Chula Vista regarding this residential development. Name Title Signature Date 6/21101 Exhibit 2 - Pa!2:C I of ] Page 26 of 37 11 (EastLake II & III) --;------..--- EXHIBIT 3EXHIBIT 4-A Owner's Certification I am the owner or owner's representative for an affordable housing development in the City of Chula Vista, which is bound by a Housing Agreement with the City. I certify under penalty or perjury that the attached rent roll for affordable units at my project is true and correct to the best of my knowledge and complies with the terms and conditions stipulated in the Affordable Housing Agreement, or any agreement that implements the same, with the City of Chula Vista. Name Title Signature Date 6121101 ~Exhjbit4-Page 1 of4 Page 27 of 37 (61) (EastLake n & ill) _ ___.._,_..__~__._~_,...___.__.,~.._.,.,.___..,__,._.__ ._~o>w I- a: ~ a (0) a. ~ w Q) a: .c C) E Q) z () iI: Q) a 0 0 !:: 0; z 0; Z !XI :;::; x - a as as , i= u.. 0 0 :!1 ..,. C) Eo-< - Z !XI ~(ij - = ~~~ ~> 6 ~ ~I 6~:I: ~ o~ I III <I: C a: a u.. u.. <I: ...J <I: ::I Z Z <I: . :!1 w !/) 0 (0) Q) [:; :> -, 0 en c: In 0 0 Q) Q) >- E ~ In Z "0 ~ CD aJ as "0 Q) Q) Cl. - Z <I: c: as "0 - 0 0 e. Q) () 0 as .r: ;,: Q) Q) - D- "6 Q) "0 "e- c: Q) "5 ~ 0 Q) In Q) Cl. Cl. () I- ~ a: ...J <I: I- a I- .. c Q) It .2: .c "C .. Q) c .. 0 .~ :!1 ~ g Q) <I: a: . c 0 Z <II .. 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"0 "0 "0 "0 <( "'C "0 Q) OJ OJ OJ I- ID ::J r:c r:c r:c r:c 0 ...... en .- C\J C') ~ I- ID~ _._.._-~_.._.~ B ~ ~ 5 --, 'ci ~ .~ ~ ~ a: I ici: co .;.; '2 N ~ "C c: (J) ~ g <IS ~ (J) .,; >- .~ ~ - (J) ~ - 1ii 0 ~ en " >- ." <IS ~ "C "- ll) 0: <( ~ Iii '" <IS "i r: :::: C/O 'E <( '" .c 4 :::J ~ rJ) ~ g 0 '" - > (J) ~ c: U G Vi <IS OJ (J) 1'; 0 eo Exhibit 5 ~If?- -~- - mY'" CHUIA VISfA ANNUAL MODERATE INCOME AFFORDABLE HOUSING MONITORING REPORT Owner's Certification I am the owner or owner's representative for an affordable housinq development in the City of Chula Vista. which is bound bv a Housinq Aqreement with the City. I certifv under penaltv or periury that the attached rent roll for affordable units at my proiect is true and correct to the best of my knowledqe and complies with the terms and conditions stipulated in the Affordable Housinq Aqreement, or any aqreement that implements the same. with the City of Chula Vista. Name Title Siqnature Date Deadline for Submittal: 15 days after year end (HINES) C:\My Documents\EASTU\KE\AHP Eastlakc IIl-Rcvis("d.docC:"~1y DeeumfBtY"~1enit8f.jflg\r18Rj!8r Rpt ,\ffMea IL~~.af)e [6/21/015:00 PtvW21 '91 159 PH]Revisecf: June 2001 I 0 S- EXHIBIT 4EXHIBIT 6 ~!rc.. -r- OTY Of CHlJIA VISTA HOMEBUYER'S QUALIFYING FORM BUYER'S INFORMATION I Buyer's Name: Current Address: Current Household Income: $ Household Size: I Master Plan Community: NEW HOME INFORMATION II Name of Residential Development: Tract: Lot No.: Lot Address: No. of Bedrooms: Purchase Price2: Monthly PITI Payment: $ % of Income: % Year of Purchase: Sales Representative: Date Signature of Homebuyer Authorizing Release to City This information is for the City's Reporting and Administrative Use Only. 2 The sales price of any unit being sold in partial satisfaction of Developer's obligation to provide moderate income housing shall not exceed the affordable housing costs for owner occupied housing as defined within the Affordable Housing Program for the master plan community. 6121101 ~E'(hibjt 6 - Page I of 1 Page 33 of 37 ID0 (EastLake 11 & ill) EXHIBIT 5EXHIBIT 7 City of Chula Vista Equal Housinl! Ouuortunity Requirements For The Low/Moderate Income Housinl! Affirmative Marketinl! Plan Every Developer complying with the City of Chula Vista's Housing Element's "Affordable Housing Plan" shall submit to the City an Affirmative Marketing Plan for City Review and Approval which details actions the Developer will take to provide information and otherwise attract eligible persons in the housing market area to the available housing without regard to race, sex, sexual orientation, marital status, family status, color, religion, national origin, ancestry, or handicap, age or any other category which may be defined by law now or in the future. I. The City of Chula Vista Affirmative Marketing Requirements are as follows. Please note, however, the Plan is not limited to these Requirements. (i) Detail methods for informing the public, buyers and potential tenants about Federal fair housing laws and the City of Chula Vista's affirmative marketing policy; (ii) Publicize to minority persons the availability of housing opportunities through the type of media customarily utilized by the applicant, including minority outlets which are available in the housing market area; (iii) Identify by language and by number any significant number of persons in a community within the housing market area who have limited fluency in the English language: (iv) Where there is a significant number of person in a community within the housing market area who have limited fluency in the English language, the Plan shall: (a) Identify the media most likely to reach such persons. (b) Advertise for the housing development in the native language of such persons, in addition to the English language, and (c) Describe the provisions which the housing sponsor will make for handling inquiries by and negotiations with such persons for the rental or sale of units in the development. (v) Detail procedures to be used by the Developer and/or property manager to inform and solicit applications from persons in the housing market area who are not likely to apply for the housing without special outreach (e.g., use of community organizations, places of worship, employment centers, fair housing groups, or housing counseling agencies). E"hieit 5Exhibit 7 - Page I of 2 6/2110 J ~E:<;hibit 7 - Page I of 2 Page 34 of 37 (D7 (EastLake n & 111) ---"-".,.-,..-"._-- -_.. --------..-----.. II. Records must be kept describing actions taken by the Developer and/or property managers to affirmatively market units and records to assess the results of these actions: (i) The records shall include a copy or transcript of the advertisement copy, the identity of the media in which it was disseminated, and the date(s) of each appearance. The housing sponsor shall also keep a record of the dates and places of any meetings or communications between the housing sponsor and any individual or group referred to the housing sponsor by the agency or organizations representing any of the groups within the community acting on behalf of any classification of minority persons described above. Such records shall be retained for a period of five years; (ii) A description of how the Developer and/or property managers will annually assess the success of affirmative marketing actions and what corrective actions will be taken where affirmative marketing requirements are not met; and (iii) The Developer/property manager shall furnish all information and reports required hereunder and will permit access to its books, records and accounts by the City of Chula Vista, BUD or its agent, or other authorized Federal and State officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. m. The City of Chula Vista may from time to time review the Plan and the Developer's and property manager's activities pursuant to the Plan and may require amendments to the Plan if it does not fully comply with the requirements of this section. IV. An affirmative marketing program shall be in effect for the duration of the Qualified Term defined in the Affordable Housing Agreement. V. If a source of funding used in a low/moderate income housing development, such as federal or state funds, has affirmative marketing requirements more restrictive than the City of Chula Vista's affirmative marketing requirements, then the more restrictive applies. 6/21/01 ~E.'(hibit 7 - Page 1 of2 Page 35 of 37 /06 (~tLake n & lll) .' -~_. ,,~""'-'-'" "-.,.--.-.--. Attachment 5 Community Purpose Facilities Master Plan ! 0'1 1.11.3 Community Purpose Facilities Purpose and Intent Chapter 19.48. P-C - Planned Community Zone, requires that all land in the PC zone provide a minimum of 1.39 acres ofland per 1,000 persons for community purpose facilities (CPF), such as: a) Boy Scouts, Girl Scouts, and similar organizations; b) social and human service activities, such as Alcoholics Anonymous; c) services for the homeless; d) services for military personnel during the holidays; e) senior care and recreation; f) Worship, spiritual growth and development, and teaching of traditional family values; g) day care [aeilities that are aneillary to any of the abo'le; g) non-profit or for profit dav care facilities that are ancillary to any of the above or as a primarv use. For profit facilities as, primary use are subject to further requirements and additional criteria as outlined in Section (f) below: h) private schools that are ancillary to any of the above; and i) little league ball fields for non profit organizations serving the local community.i) interim uses, subject to the findings outlined in 19.48.025(E): and j) recreational facilities, such as ball fields for non-profit organizations serving the local community. subject to the requirements outlined in 19.48.040(B)(6)(d). However, where recreational ball fields are desired as a conditional use in Community Purpose Facilities land use districts, a "CPF Master Plan", ~howing the specific bmmdaries ofth@ ma~ter plan and existing and proposed sistribution of CPF uses within a GDP, or designated CPF ma~ter plan boundaries is requir@s.sho_wing the specific boundaries of the master plan and existinl'. and ]2fCJ2osed distribution ofCPF uses within a SPA, GDP oroverall Planned CommunitDhall be considered and approved by the Director of P]annin~and incorporated as part ofthe Planncd Community's Gcneral Development Plants). In addition, recreational ball fields shall not utilize more than 25% of the overall CPF acreage r@EJuired,rccreational ball fields shall notutilizc more than 35% of the overall SP,.'\' GDP or Planned Community CPF acreage required, and no park credit may be granted for community purpose ball fields. The total acreage required may be reduced by the City Council in certain circumstances such as when shared parking facilities are available with other facilities. Proposed CPF Master Plan The CPF Master Plan boundaries encompass EastLake Greens (including the "Land Swap" Parcels), EastLake Trails, EastLake Business Center II, EastLak0 Vistas and EastLah Woods (s@@ Exhibit ). EastLake Vistas and EastLake Woods (see Exhibit Sb). Four sites are distributed throughout the remaining SPAs insuring that each future CPF site will serve a different neighborhood. In addition, the sites are located along major road to enhance accessibly to the facility by community residents. -1- I IV - ......_._---,,-,._~.....,-_. Based upon the anticipated development statistics for the CPF Master Plan area, the overall combined CPF acreage required and proposed is as follows: Table D Required Community Purpose Facility Acres for EastLake EastLake 11* EastLake EastLake III Total Greens 11* (adopted SPA** Trails SPA CDP) (GDP) Dwelling Units 3443 1143 1767 2061 6353 6647 CPF acldu 0.004003 0.004003 0.004003 Total CPF acres 13.8 4.6 +.-1-8.3 25.5 26.7 -- required Total CPF acres ]5.8 4.6 10.8 31. ] provided * EastLake I (North of Otay Lakes Road) is excluded from this table. ** Includes proposed Land Swap amendment. Proposed CPF Sites Thl! CPF mastl!r Plan providl! a total of 25.5 acrl!s in f{)Uf differl!nt sites. 4.6 acrl!S, or 18% of.tIw total acrl!agl! rl!'lIirl!d is proyidl!d in thl! Trails (Bitl! Ne. 2) fer littll!ll!agll" ball fil!lds. Exhibit ~The CPF master Plan provides a total of 31.1 acres in four different sites. Exhibit 5b. identifies the proposed CPF sites which are described in more detail below. Site 1: (Existing) Located in EastLake Greens, a portien of this 15.S acrl! sitl! has bel!n conveyed to a religiolls institution for 11S1! as a placl! of worship. The remaining portion of thl! Eite is cllrrl!ntly available for aC'IlIisition and USI! for commllnity purpOSI! facilities. This remaining portion of Sit.. I is propos..d to conditionally permit any ofth.. fellowing land uses.a portion of this 15.8 acre site (]2.2 acres) has been conveved to a reliuious institution for use as a place of worship. The remaining portion of the site (3.6 acres) is current Iv available for acquisition and use fi:Jr community purpose facilities and is further described below. Site 1: (Futurcl This CPF sitl! is within the Trails n€ighborhood and is proposed to conditionally permit little league ball fil!lds for non profit organizations serving thl! local community. Thl! dl!yelopml!nt of thl! sit€ would be subject to the re(juirements outlinl!d in thl! EastLak€ II Planned Community District Rl!gulations and Section 19.1S.010(B)(6)(d) of the ('hula Vista Munidpal -2- III -" ~-,.._._~~"-~ ~.._.._~-"--'_._-_._._- Ged0.Locatcd in EastLake Greens on the east side of EastLake Parkway, south of the SDG&E powcr easement. This site is currently available for acquisition and use for community purpose facilities (3.6 acres). Site 2: is locat@d in the Vistas neighborhood ofEaEtLak@ III GDP and consi~ts of7.1 acr@s.This CPF site is located within the Trails neighborhood and is proposed to conditionally permit little lemme ball fields for non-profit organizations serving the local community. The development of the site (4.6 acres) would be subiect 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 III GDP and consists of 1 0.8 acres. The future Vistas SPA Plan will refine the exact location and acreage of 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 ofCPF site No. 2,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: . Boy Scouts, Girl Scouts, and other similar organizations; . Senior care and recreation; . Worship, spiritual growth and development, and teaching of traditional family values; . Day car@ faciliti@s that are ancillary to any ofth@ abov@;For profit and non profit d'D' car.." Jacilities that are ancillarv to any of the above: . Private schools that are ancillary to any of the above; . Interim uses, subject to the findings outlined in Section 19.48.025(E) ofthe Chula Vista Municipal Code. . Recreational ball fields not to cxceecl35% of the overall CPF acrca!ze requirement for the CPF Master Plan. -3- II~ PROPOSED Master Plan of Community Purpose Facilities CPF Locations f"1\ EastLake Greens \..:I (Existing) O EastLake Greens (Future) e EastLake Trails e EastLake Vistas Eastlake II Eastlake II Eastlake III Total Gr.ens SPA Trails SPA GDP Dwellina Units 3443 1143 2061 6647 CPF Acres Renuired 13.8 4.6 8.3 26.7 CPF Acres Provided 15.8 4.6 10.8 31.1 EastLake III - Woods Eastlake Trails EastLake III - Vistas Eastlake Greens ..E4STLAKE III A planned community by The EastLake Company Onfi Land Planning ---""''''''ou-'-m ~~ 4-4-01 (04/20/01) GENERAL DEVELOPMENT PLAN I.1.l1-5 II) ADOPTED Master Plan of Community Purpose Facilities EatLake 'I" l=:k~:1 ToIIIl" G.......- I T..11s Dwelling Units 3443 1143 1767 6353 CPF acldu 0.004003 0.004003 0.004003 Total CPF ac. Req'd. 13.8 4.11 7.1 25,4 CPF Site Locations (j) o . . .. E.utLake 1 (north of o..y l.IIkM Rd.) '- ~ hm this table. .. I~ ... Land Swap area. EaelLoke III EaatLllke Trella EaetLake III ~ EASTLAKE ~Jadm --~~ n..M ...... A Planned Community by E..tLake Development Co. Exhibit 5b 11-11-99 XI-5 Chapter I - Section I.I I General Development Plan IIY Attachement 6 EastLake III GDPI SPA Binder II~ Attachement 7 Disclosure Statement lip __,_',__,__'_,_m _.._,'___ __~..~.,__ _.._'",._W",__.'p__ '~_'__~'____ -~------,~. Appendix B THE CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. 1~. ?:~~~~ 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. :J. G. ~s.we.;u:.... 3. If any person' identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes No .::::::::: If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. ~ ~ It O:.-h~ W' J U\9 ~rLJ4 Y ({)~ ~I'<v () (Qt..(I..'{ C,'n ri ~" \1 J'Y\eX.\\'b,'Y\ 6. Have you and/or your officers or agents, in the aggregate, contributed more jhan $1,000 to a Councilmember in the current or preceding election period? Yes _ No ~If yes, state which Councilmember(s): Date: S - eq - () I --) (NOTE: ATTACH ADDITIONAL PAGES AS NEC * Person is defined as: "Any individual, firm, co-partnership, joint venture, association, social club. freatema! organization, corporation, es/ale, 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" ( I {