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HomeMy WebLinkAboutPlanning Comm Reports/2003/03/26 ~~f? ~-: .........-.-...::~~ ~~~~ CllY OF CHUIA VISfA NOW~~~~~~~~~t~~ION 3/26/03 THE REGULARLY SCHEDULED PLANNING COMMISSION MEETING OF MARCH 26, 2003 BEEN CANCELLED. THE FOLLOWING PUBLIC HEARINGS ARE CONTINUED TO APRIL 2, 2003: 1. PCS 03-1 1; CONSIDERATION OF A TENTATIVE SUBDIVISION MAP FOR A PORTION OF PLANNING AREA 12 - FREEWAY COMMERCIAL OF OTAY RANCH. 2. PCC 03-41: CONSIDERATION OF A CONDITIONAL USE PERMIT TO CONSTRUCT AND OPERATE A 24-HOUR GAS STATION, 24-HOUR FOOD MART WITH SALES OF BEER AND WIDE, A FULL SERVICE CARWASH, AND LUBE SERVICE AT THE INTERSECTION OF EASTLAKE PARKWAY AND FENTON STREET. EASTLAKE PETROLEUM. 3. CONSIDERATION OF THE FOLLOWING APPLICATION FILED BY THE EASTLAKE COMPANY INVOLVING 4.4 ACRES LOCATED ON THE EAST SIDE OF THE FUTURE EASTLAKE PARKWAY, NORTH OF OLYMPIC PARKWAY. A. GPA 03-02: AMENDMENTS TO THE CHULA VISTA GENERAL PLAN LAND USE DIAGRAM IN ORDER TO CHANGE THE LAND USE DESIGNATION FROM PUBLIC/QUASI-PUBLIC TO MEDIUM HIGH DENSITY RESIDENTIAL (1 1-16 DU/ AC). B. PCM 03-10; AMENDMENTS TO THE EASTLAKE Ii & Iii GENERAL DEVELOPMENT PLAN, EASTLAKE Ii & Iii SECTIONAL PLANNING AREA (SPA) PLANS AND ASSOCIATED REGULATORY DOCUMENTS TO CHANGE THE LAND USE DESIGNATION FROM PQ (PUBLIC/QUASI-PUBLIC) TO MH (MEDIUM HIGH DENSITY RESIDENTIAL.) AND THE LAND USE DISTRICT DESIGNATION FROM CPF (COMMUNITY PURPOSE FACILITY) TO MH (MEDIUM HIGH DENSITY RESIDENTIAL.). 4. PCS 03-04; CONSIDERATION OF TENTATIVE SUBDIVISION MAP TO DIVIDE APPROXIMATELY 62.64 ACRES INTO 4 SUPER-LOTS AND 2 OPEN SPACE LOTS. THE EASTLAKE COMPANY. THE PLANNING COMMISSION WILL CONVENE TO A REGULAR MEETING ON WEDNESDAY, APRIL 2,2003 AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS, 276 FOURTH AVENUE, CHULA VISTA, CALIFORNIA. RESPECTFULLY SUBMITTED, DIANA VARGAS SECRETARY TO PLANNING COMMISSION 276 FOURTH AVENUE' CHULA VISTA. CALIFORNIA 91910 P05,-Con5ume< R~"ycl"d Poper AGENDA PLANNING COMMISSION MEETING Chula Vista, California Wednesday, March 26, 2003, 6:00 p.m. Council Chambers 276 Fourth Avenue, Chula Vista,CA CALL TO ORDER: Hall Madrid O'Neill Cortes Castaneda Hom ROLL CALL/MOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE INTRODUCTORY REMARKS APPROVAL OF MINUTES: March 12, 2003 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. REPORT: Presentation on Western Chula Vista. Presenter: Chris Salomone, 2. PUBLIC HEARING: PCS 03-11; Consideration of a Tentative Subdivision Map for a Portion of Planning Area 12 - Freeway Commercial of Otay Ranch. Project Manager: Rick Rosaler, Principal Planner 3. PUBLIC HEARING: PCC 03-41; Consideration of a Conditional Use Permit to construct and operate a 24-hour gas station, 24-hour food mart with sales of beer and wide, a full service carwash, and lube service at the intersection of Eastlake Parkway and Fenton Street. Eastlake Petroleum. Project Manager: Stan Donn, Associate Planner Planning Commission - 2 - March 26, 2003 4. PUBLIC HEARING: Consideration of the following application filed by The Eastlake Company involving 4.4 acres located on the east side of the future Eastlake Parkway, north of Olympic Parkway. a. GPA 03-02; Amendments to the Chula Vista General Plan Land Use Diagram in order to change the land use designation from Public/Quasi-pUblic to Medium High Density Residential (11-16 du/ac). b. PCM 03-10; Amendments to the Eastlake II & III General Development Plan, Eastlake II & III Sectional Planning Area (SPA) plans and associated regulatory documents to change the land use designation from PQ (Public/Quasi-Public) to MH (Medium High Density Residential) and the Land Use District Designation from CPF (Community Purpose Facility) to MH (Medium High Density Residential). Project Manager: Luis Hernandez, Principal Planner 5. PUBLIC HEARING: PCS 03-04; Consideration ofTentative Subdivision Map to divide approximately 62.64 acres into 4 super-lots and 2 open space lots. The Eastlake Company. DIRECTOR'S REPORT: COMMISSION COMMENTS: 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: 2 Meeting Date: 03/26/03 ITEM TITLE: Public Hearing: PCS 03-11; Consideration of a Tentative Subdivision Map for a Portion of Planning Area 12 - Freeway Commercial ofOtay Ranch. Applicant: McMillin Otay Ranch, LLC McMillin Otay Ranch has applied for approval of a Tentative Subdivision Map consisting of3810ts for ti-eeway-oriented commercial uses, including retail land uses and streets, for their 86.9 acre portion of Freeway Co!IlIi1ercial in the Otay Ranch, as authorized by the Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan. The Environmental Review Coordinator has reviewed the proposed Tentative Subdivision Map, PCS-03-11, and determined that the project would not result in any new environmental impacts that were not previously identified in the Final Second Tier Environmental Impact Report (Final EIR 02- 04) for the Planning Area 12 - Freeway Commercial SPA Plan, nor would the project result in a substantial increase in the severity in any environmental effects not previously identified in Final EIR 02-04. RECOMMENDATION: That the Planning Commission adopt attached Resolution No. PCS-03-11 recommending that the City Council approve Tentative Subdivision Map (C.V.T. 03-11) in accordance with the findings and subject to the conditions contained therein. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: On March 18,2003, the City Council approved the Planning Area 12-Freeway Commercial SPA Plan for the entire 132-acre Freeway Commercial planning area in the Otay Ranch master planned community. McMillin Otay Ranch is now proposing to subdivide their ownership within the planning area. It is anticipated that the balance of the planning area owned by the Otay Ranch Company will be subdivided in the future. a. Existing Site Characteristics Otay Ranch's Freeway Commercial site, located at the northeastern section ofthe Otay Valley Parcel of the Otay Ranch, consists of 132.9 acres ofland characterized by fairly flat mesa tops and gently rolling hills. This tentative map is to subdivide the approximately 86.9-acre McMillin-owned portion in the southern area of the Freeway Commercial. Immediately north of the proposed tentative map is approximately 34 acres of Freeway Commercial land owned by the Otay Ranch Company. ;(-1 Page 2, Item: Meeting Date: 3/26/03 The near fully developed community of East Lake Greens and the EastLake "Land Swap" area are located directly to the north ofthe Project adjacent to Olympic Parkway. Village Six is located to the west, separated by the future alignment ofSR-125. Village II is located to the east, across the future extension ofEastlake Parkway; and the future EUC is located to the south across future Birch Road. b. General Plan. Zoning and Land Use The GDP for Otay Ranch set aside Planning Area 12 for large regional commercial opportunities that are excluded from the Village Core's mixed-use areas. The GDP specifically designated Freeway Commercial as a land use category for regional uses which require an automobile orientation near regional transportation systems. City of Chula Vista zoning for the project area is PC - Planned Community. The Freeway Commercial SPA Plan Zoning District identifies the project area as FC - Freeway Commercial. The SPA Planned Community District Regulations provide land use regulations, development standards and processing for the proposed subdivision. c. Proposed Plan Land Use The Freeway Commercial's approved SPA allows a total of approximately 1,215,000 square feet of commercial development to be constructed in four phases, on five large building pads within a street network that also accommodates a transit line right-of-way, a transit station, and a park and ride facility. This tentative map establishes subdivision of approximately 87 acres to accommodate up to 867,000 square feet of commercial development that will primarily be occupied by "large format" commercial uses that typically have building sizes greater than 25,000 square feet, but will also accommodate some smaller sized commercial uses that commonly locate in proximity to the "large format" users. The tentative map proposes three large parcels based on the alignments of Streets A and B. Small lots are proposed within the larger parcels for individual users. These lots will either be leased or sold to the future commercial users. A business owners association is proposed to maintain the special enhancements that require more maintenance than standard City requirements. Circulation Vehicular access to the lots in this Tentative map is available from the following public streets: Olympic Parkway, EastLake Parkway, Birch Road, Street "A" and Street "B." Ten private access driveways will be off Street "A" (five to the west, five to the east); two internal driveways will be off Street "B" (one north, one south); and three private access driveways will be located off the arterials - two on EastLake Parkway and one on Birch Road. Only right-in, right-out turning movements are allowed at the three private access driveways off the arterials. ~-;< Page 3, Item: Meeting Date: 3/26/03 Consistent with the GDP policy to locate transit line rights-of-way and trolley stops/stations in the Freeway Commercial area, a transit station is sited on Street "A" immediately south of the McMillin! Otay Ranch Company property line, with park-and-ride facilities for 143 vehicles to be provided by this tentative map. Grading The proposed grading plan ofthe Planning Area 12 - Freeway Commercial (South) Tentative map is designed to comply with the General Plan and Otay Ranch GDP policies for landform grading. The perimeter slopes in the Project include 75-foot wide landscape buffers !Tom each of the three arterial roads to the development boundary in the Project. The map also proposes a depositlbarrow area on the EUC site. The Freeway Commercial ErR 02-04 analyzed the grading on both the FC and EUC sites. McMillin and the Otay Ranch Company have reached agreement on the grading of the entire Freeway Commercial site to one continuous pad !Tom Olympic Parkway to Birch Road. This agreement will eliminate the berm or ridge between the properties east of Street A and the slope in the transit right-of-way west of Street A. Parks, Trails and Open Space The Freeway Commercial project does not have residential uses and will not generate a population in the area; therefore, it has no requirements to provide parks or recreation facilities. Community Purpose Facility Since the Freeway Commercial is completely commercial and does not have a residential component, the tentative map for Planning Area 12 - Freeway Commercial (South) does not have a CPF obligation. d. Analvsis The proposed Tentative map for Planning Area 12 - Freeway Commercial (South) is consistent with and implements the approved General Development Plan (as amended) and more specially the Planning Area 12 - Freeway Commercial SPA Plan policies. The tentative map lotting of the planning area is consistent with the land uses allowed in the PC District Regulations. CONCLUSION: Staffbelieves that the proposed Tentative map for Planning Area 12 - Freeway Commercial (South) is consistent with the approved Otay Ranch GDP and Planning Area 12 - Freeway Commercial SPA policies and recommends approval ofthe Tentative map subject to the Conditions of Approval (see Council Resolution, Exhibit 'B'). The City Attorney's office has reviewed the Tentative map Conditions of Approval and believes that they meet the requirements ofthe Subdivision Map Act and have approved them as to form. H:\Shared\Planning\OtaLRanch\Frwy _ Camm_SPA \TM\PCS0311 FC Staff Rpt for PC.doc) .;(-3. Attachments Page 4, Item: Meeting Date: 3/26/03 1. Locator Map 2. Tentative Subdivision Map (C.V.T. 03-11) 3. Planning Commission Resolution PCS-G3-11 4. Draft City Council Resolution No. S. Disclosure Statement H:\Shared\Planning\OtaLRanch\Frwy _ Comm _SPA \TM\PCS031I FC StaffRpt for PC.doc) ;-<{/ .>... -'-L>'-UL'~"~ _ , , EASTLAKE HIGH SCHOOL L ,-n ,C I~ ~ , , ' , \ \ \ \ \ , ' , ' , ' \~\ ~\ EAmAKE \~\ lAND ~\ SWAP \~\ \.-0\ \~ "'~\ , , , \ , , \ \ \ , '.. ':0 I:. 'N 1 , , I .. .. OTAV RANCH VILlAGE ELEVER I , , , , \ PCS-03-11: Otay Ranch Planning Area 12 Freeway .. Commercial(South): The proposed project consists ...... of a Tentative Map (CVT 03-11), for 381015 for freeway- EASTERN ...............oriented commercial uses on 86,9 acres, as authorized URBAN by the Planning Area 12 - Freeway Commercial CENTER Sectional Planning Area (SPA) Plan. C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLlCANT:McMILLlN COMPANIES Proposal for a Tentative Map PROJECT Freewar Commercial, Otah Ranch ADDRESS: North 0 Birch Rd, East of uture SR-125, Sout of Olympic Pkwy, West of Eastlake Pkwy. SCALE: FILE NUM8ER: NORTH No Scale PCS-03-11 J:lhomelplanninglcherrylc\locatorslpcs0311_2.cdr 03.06.03 ~ - ,5- ATTACHMENT 2 RESOLUTION NO. PCS-03-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE A TENTATIVE SUBDIVISION MAP FOR A PORTION OF THE OTAY RANCH, SECTIONAL PLANNING AREA 12 - FREEWAY COMMERCIAL PLAN, CHULA VISTA TRACT 03-11 WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. and described on Chula Vista Tract 03- II, and is commonly known as Planning Area 12 - Freeway Commercial (South) (McMillin), ("Property"); and, WHEREAS, a duly verified application for the subdivision ofthe Property in the form of a tentative subdivision map known as "Tentative Map, Otay Ranch Planning Area 12 - Freeway Commercial (South), Chula Vista Tract 03-11", ("Project"), was filed with the City ofChula Vista Planning and Building Department on November 26, 2002 by McMillin Otay Ranch, LLC, ("Applicant"); and, WHEREAS, the application requests the approval for the subdivision of approximately 86.9 acres ofland located west ofEastlake Parkway, north of Birch Road, east offuture State Route (SR) 125 route, and south of the Otay Projec,LLC-owned portion of Freeway Commercial (North), in the area known as Otay Ranch Planning Area 12 - Freeway Commercial (South) into 38 commercial lots; and WHEREAS, the development ofthe Property has been the subject matter of the Otay Ranch General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact Report No. 90-01, SCH #9010154 ("Program FEIR 90-01 "); and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Planning Area 12 - Freeway Commercial Plan ("SPA Freeway Commercial Plan") previously approved by the City Council on March 18, 2003 by Resolution No. wherein the City Council, in the environmental evaluation of said SPA Freeway Commercial Plan, relied on the Otay Ranch SPA Planning Area 12 - Freeway Commercial Plan Final Environmental Impact Report No. 02-04, SCH #1989010154 ("FEIR 02-04"); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project for compliance with the California Environmental Quality Act and has determined that the project was covered in previously adopted FEIR 02-04. The Environmental Review Coordinator determined that no conditions described in Section 15162 and 15163 ofthe State CEQA Guidelines calling for the preparation of a subsequent document have occurred; and, c:<-~ Resolution PCS 02-09 Page 2 WHEREAS, the Planning Commission set the time and place for a hearing on said "Tentative Map, Otay Ranch Planning Area 12 - Freeway Commercial (South), Chula Vista Tract 03-11", (PCS-03-1I) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on March 26, 2003, in the Council Chambers, 276 Fourth A venue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has determined that the approval of "Tentative Map, Otay Ranch Planning Area 12 - Freeway Commercial (South), Chula Vista Tract 03-11 ", (PCS-03-11) is consistent with the City ofChula Vista General Plan, the Otay Ranch General Development Plan, the recommended Otay Ranch Planning Area 12 - Freeway Commercial SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approvaL BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving "Tentative Map, Otay Ranch Planning Area 12- Freeway Commercial (South), Chula Vista Tract 03-11", (PCS-03-1I) in accordance with the findings contained in the attached City Council Resolution No. And that a copy ofthis resolution be transmitted to the owners of the property and the City CounciL PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 26th day of March, 2003 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Russ Hall, Chair ATTEST: Diana Vargas, Secretary 11.\~hJ.rd'Pt1l1ning"(H:;;. __H;mch',Fr....)' C:omm__SP:\\Ti\f',PC Re~,> rCS0311.dol' ,,;(-7 l-Ll.lhl...-ill'1J:.L'IJ... ,..,. ... ';11 I:.. ... \ \ \ \ \ \ \ \ \ \ ' , ' \ \ \tft\ ~, \?\ WD \~ SWAP \\'C\\ \.'0' ~\ \~ ' ' , , \ , \ \ 1 . 1 .. .. .. . . OilY RANCH VIlLAGE ElEVEH 1 1 . 1 . PCS-03-11: Otay Ranch Planning Area 12 Freeway -. Commercial(South): The proposed project consists ...... of a Tentative Map (CVT 03-11), for 36 lots fortreeway- IASTBIII ..............oriented commercial uses on 86.9 acres, as authorized URW by the Planning Area 12 - Freeway Commercial COOER Sectional Planning Area (SPA) Plan. I . . , . . \ CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT OESCRIPTION: ~ APPlICANT:McMILLlN COMPANIES Proposal for a Tentative Map PROJECT Freewar Commercial, OtahrtRanch ADDRESS: North 0 Birch Rd, East of ure SR-125, South of Olympic Pkwy, West of Eastlake Pkwy. SCALE: FilE NUMBER: NORTH No Scale PCS-03-11 J :\home\plann ing\cherrylc\locators\pcs0311_ 2.cdr 03.06.03 vl-Y ATTACHMENT B GENERAL/PRELIMINARY 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Applicant as to any or all of the property. (Engineering, Planning & Building) 2. Applicant shall comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the Property of: 1) Otay Ranch General Development Plan (GDP); 2) Freeway Commercial Sectional Planning Area (SPA) Plan; 3) Freeway Commercial Design Plan; 4) Final Environmental Impact Report (EIR) for the Freeway Commercial (EIR 02-04; 5) Freeway Commercial Public Facilities Financing Plan approved by the City Council on March 18,2003 by Resolution No. ----'- and the Freeway Commercial Planned Community District Regulation and Land Use Map approved by City Council Ordinance No. ~ on March 18, 2003. The Applicant shall enter into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require to comply with the above regulatory documents. Said Agreement shall also ensure that, after approval of the final map, the Applicant will continue to comply, remain in compliance, and implement such Plans. (Planning & Building) 3. Prior to approval of the first Final "B" Map within the tentative map, the Applicant shall submit and obtain the approval of the City of a master final map ("A" Map) containing the entire Project's area showing "super block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" map shall also show open space lot dedications, the backbone street dedications and utility easements required to serve the "super block" lots created by this "A" Map. All "super block" lots created by this "A" Map shall have access to a dedicated public street. A lot line adjustment, if utilized in accordance with City standards and procedures, shall not be considered the first "A" Map. The "A" Map may contain individual lots shown on the Tentative Map, in which case said first "A" Map shall be considered the first Final "B" Map for the Project. An individual lot created by an "A" Map, in conformance with the Tentative Map, shall not require the filing of a subsequent Final "B" Map. (Engineering) 4. The following conditions of approval are based upon the project having multiple Final Maps for the entire subdivision, which shall be referenced hereinafter as "Final 'B' Maps". A Final "B" Map is defined as a final subdivision or parcel map, filed in accordance with the Subdivision Map Act and the Chula Vista Municipal Code, which proposes to subdivide land into individual lots. The Final "B" Map shall be in substantial conformance with the related approved Final "A" Map. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's reasonable satisfaction prior to approval of the each "A" Map and Final "B" Maps. (Engineering) ~-7' 5. In the event of a filing of a final map, which requires oversizing of the improvements necessary to serve other properties, said final map shall be required to include the installation of all necessary improvements to serve the project, plus the. necessary improvements for oversizing of facilities required to serve such other properties. At the request of Applicant, City shall consider formation of a reimbursement district or any other reimbursement mechanism in accordance with the restrictions of State Law and City ordinances. (Engineering) 6. If Applicant desires to do certain work on the property after approval of the tentative map, but prior to recordation of the applicable final map, he may do so by obtaining the required approvals and permits rrom the City. The permits can be approved or denied by the City in accordance with the City's Municipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., grading or improvement plans) will be approved. All work performed by the Applicant prior to approval of the applicable final map shall be at Applicant's own risk. Prior to issuance of a grading and/or construction permit, the Applicant shall acknowledge in writing that subsequent submittals (i.e., grading or improvement plans) may require extensive changes, at Applicants cost, to work done under such early permit. Prior to the issuance of a permit, the Applicant shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land ifthe applicable final map does not record. (Engineering) 7. If any of the terms, covenants or conditions contained herein shall fail to occur, or if they are, by their terms, to be implemented and maintained over time, and if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, including issuance of building permits; deny, or further condition the subsequent approvals that are derived rrom the approvals herein granted; and institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time rrame. (Engineering, Planning & Building) 8. Prior to approval of each final map, Applicant shall agree to indemnify, protect, defend and hold the City harmless rrom and against any and all claims, liabilities and costs, including Attorney's fees, arising rrom challenges to the Final Environmental Impact Report (EIR) for the Freeway Commercial (EIR 02-04) and any or all entitlements and approvals issued by the City in connection with the Project. (Engineering, Environmental, Planning & Building) 9. Any and all agreements that the Applicant is required to enter into hereunder shall be in a form approved by the City Attorney. (City Attorney) 10. The subsequent development of a parcel, which does not require the filing of a subsequent final map, shall meet, prior to issuance of a building permit for that parcel, all the applicable conditions of approval of the Tentative Map Conditions, as determined by the Director of Engineering and Director of Planning and Building. (Planning and Building, Engineering) ~ _ /0 11. Unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required, the Applicant shall be required to provide subordination of any prior lien holders in order to ensure that the City has a first priority interest in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be rree and clear of all encumbrances, unless otherwise excused by the City. 12. The applicant shall comply with all applicable Freeway Commercial SPA conditions of approval, (PCM 99-08) as may be amended rrom time to time. (Planning and Building) 13. The applicant shall comply with the terms of the Conveyance Agreement, as may be amended rrom time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"). (Planning and Building) 14. Prior to approval of the first "A" map, Applicant shall submit and obtain approval of a revised Otay Ranch Planning Area 12IFreeway Commercial (C.V.T. 03-11) Maintenance Responsibility Map for the Project from the Director of Planning and Building and the Director of Engineering, which shall include delineation of private and public property. A digital copy of the Maintenance Responsibility Map shall be submitted to the City prior to approval of said first "A" map to the satisfaction of the Director of Engineering. (Planning and Building, Engineering) 15. Prior to approval of the applicable site plan by the Design Review Committee, Applicant shall demonstrate to the satisfaction of the Director of Engineering and Director of Planning and Building that the proposed site plan design incorporates the following features: 1. All right in/out locations provide for straight through circulation without the blocking of any parking spaces; and 2. Ensure that internal circulation will limit vehicular egress at the right in/right out access proposed immediately east of the intersection of Street "A" and Birch Road to the satisfaction of the Director of Engineering. ENVIRONMENT AL/PRESERV AnON 16. The Applicant shall comply with all applicable requirements of the California State Water Resources Quality Control Board. (Planning and Building) 17. Implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Environmental Impact Report (EIR) for the Freeway Commercial (EIR 02-04). Any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the satisfaction of the Director of Planning and Building. (Planning & Building) 18. Applicant shall comply with all applicable requirements of the California Department of Fish and Game, the California State Water Resources Quality Control Board, the U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers. 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 Otay Ranch GDPIFreeway Commercial Environmental Impact Report EIR 02-04 (SCH #1989010154), and Mitigation ~-// Monitoring and Reporting Program. If any permits are required to be obtained by Applicant, Applicant shall obtain said permits with applicable agencies in consultation with the City. Applicant shall obtain said permits with applicable agencies in consultation with the City. 19. The Applicant shall comply with the take permit/authorization from the U.S. Fish and Wildlife Service and California Department of Fish and Game, and comply with the approved City of Chula Vista MSCP Subarea Plan. (Planning and Building) 20. Applicant shall comply with all requirements and policies of the Otay Ranch Resource Management Plan (RMP) as approved by City Council on October 28, 1993, and Otay Ranch, Phase 2 Resource Management Plan (RMP2) as approved by City Council on June 4, 1996, and as may be amended rrom time to time by the City. (Planning and Building) 21. The applicant shall comply with the requirements and policies of the Otay Ranch Resource Management Plan "Preserve Conveyance Schedule" as approved by City Council on June 4, 1996, as may be amended rrom time to time. (Planning and Building) 22. Simultaneously with conveyance of land to the Preserve OwnerlManager (POM) in fee title or by easement, the Applicant shall cease all cattle grazing on the land to be conveyed. In addition, the Applicant shall ensure through the maintenance of existing fencing or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City, that cattle rrom adjacent areas cannot access the land being conveyed. (Planning and Building) 23. Prior to the approval of the first "A" map for the Project, the Applicant must demonstrate to the satisfaction of the Director of Engineering and the Director of Planning and Building that the entire Project has been annexed into C.F.D. 97-02 for the maintenance, management, and monitoring of the Otay Ranch Preserve per the requirements of the Otay Ranch Resource Management Plan (RMP), Phase 2. (Engineering, Planning and Building). 24. Prior to the issuance of each mass grading permit (including clearing and grubbing) for the Project, the Applicant shall comply with the requirements of the RMP, Phase Two, Range Management Plan to the satisfaction of the Director of Planning and Building. (Planning and Building) 25. The Applicant and Owners shall convey fee title, or upon the consent of the Preserve OwnerlManager (POM) and any lien holder, an easement restricting use of the land to those permitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon the recordation of each final map for an amount of land equal to the final map's obligation to convey land to the Preserve. Where an easement is conveyed, the Applicant and Owners shall be required to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Applicant and Owners shall convey fee title. Where fee title or an easement is conveyed, access to the satisfaction of the POM shall also be conveyed. Where an easement is granted, each tentative map is subject to a condition that fee title shall be granted upon demand by the POM. The Applicant and Owners shall irrevocably offer for dedication to the City or its designee, fee title, upon the recordation of each final map for an amount of land equal to the final map's obligation to convey land to the Preserve. The Applicant and Owners shall maintain and manage the offered conveyance parcel consistent with the Phase I and 2 RMP c1-/~ guidelines until such time when the POM has accepted the conveyance parcel. (Planning and Building) SUBDIVISION DESIGN 26. Prior to the issuance of any rough grading permit proposing to grade individual lots and streets for the Project, Applicant shall submit a study showing that all curb returns for any intersection in excess of 4% grade, located within the permit boundaries, and all driveways, comply with ADA standards at the rront and back of sidewalks to the satisfaction of the Director of Engineering. (Engineering) 27. Install all street trees in accordance with Section 18.28.010 of the Chula Vista Municipal Code, the City's Landscape Manual and approved cross-sections in the Otay Ranch Planning Area 12/Freeway Commercial SPA Plan; or as otherwise approved by the Director of Building and Park Construction and Director of Public Works Operations. Applicant agrees to provide any and all special tree installation conditions as requested by the Director of Building and Park Construction. Street trees shall be shown on street landscape and irrigation plans submitted for approval by the Director of Building and Park Construction and the Director of Public Works Operations prior to, or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the species selection of street trees. Location of trees and planters shall be contingent upon the location of street signs. Under no circumstance shall a tree or shrub block the visibility of any street sign, regulatory, warning or guide traffic signs. (Public Works, Building and Park Construction) 28. Any proposed monumentation/signage shall be consistent with the Freeway Commercial SPA and Freeway Commercial Design Plan and shall be reviewed and subject to the approval of the Director of Planning and Building prior to approval of the appropriate final map. (Planning and Building) 29. In addition to the requirements outlined in the City ofChula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each 1,500 square feet of slope area, one I-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and subject to the approval of the Director of Planning and Building prior to approval of the appropriate final map. (Planning and Building) STREETS. RIGHTS-OF-WAY & PUBLIC IMPROVEMENTS 30. Provide security in accordance with chapter 18.16 of the Municipal Code, dedicate, and construct full street improvements for all public streets shown on the Tentative Map within the subdivision boundary or off-site, as deemed necessary by the Director of Engineering to provide service to the subject subdivision, in accordance with Chula Vista Design Standards, Chula Vista Streets Standards, Chula Vista Subdivision Manual, and approved Tentative Map, unless otherwise approved by the Director of Engineering. Said street improvements shall include, but are not limited to, asphalt concrete pavement, base, curb, gutter and sidewalk, .:< - /3 -_..~---_.- -- -""-'-"-~-'----- -.-.-~-_..---.~- sewer, drainage facilities, water quality BMPs, street lights, traffic signals, signs, striping, fire hydrants and transitions to existing improvements in the manner required by the Director of Engineering. If improvement plans have been approved by the City, the amount of the security for the above noted improvements shall be 110% of the construction cost estimate approved by the Director of Engineering. If improvement plans are being processed, 150% of approved cost estimate. Or, if improvement plans are not being processed by the City, 200% of construction cost estimate approved by the Director of Engineering. A lesser percentage may be required if it is demonstrated, to the satisfaction of the Director of Engineering, that sufficient data or other information is available to warrant such reduction. (Engineering) 31. If Applicant proposes multiple building permits within a Planning Area, Applicant shall submit and obtain approval of a development sub-phasing plan for said Planning Area rrom the Director of Engineering and Director of Planning and Building prior to issuance of any building permit within said Planning Area. The sub-phasing plan shall include: a. A site plan showing the lot lines and lot numbers, the sub-phase lines and sub-phase numbers, and proposed building square footage in each sub-phase; and b. A table showing the sub-phase number, the lots included in the sub-phase and the proposed building square footage included in each sub-phase. Improvements, facilities and dedications to be provided with each sub-phase shall be determined by the Director of Engineering and Director of Planning and Building, however, construction of full length of the required street improvement segments as defined in Table C.IO of the PFFP shall be required with each sub-phase. The City reserves the right to require improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of Police and Fire Departments. The Director of Engineering and Director of Planning and Building may, at their discretion, modify the sequence of improvements and construction should conditions change to warrant such revisions(s). (Engineering. Planning and Building) 32. Prior to approval of the first "A" Map for the project, Applicant shall enter into an agreement with the City to accomplish the following: a. Applicant shall agree to construct all the street improvements identified in Table A below; b. Applicant shall agree to commence construction of each specific street improvement, as indicated in Table A below, prior to issuance of the building permit that triggers the cumulative Building Square Footage Triggers or prior to issuance of building permits within a Specific Planning Area in accordance with a development sub-phasing plan, approved by the Director of Engineering and Director of Planning and Building, whichever occurs earlier. In addition, Applicant shall agree to complete construction of said improvements within one year of commencing construction; c. Applicant shall agree to the amount of the security required by the City to guarantee the construction of each of the street improvements. In addition, Applicant shall agree to provide said security prior to issuance of the building permit that triggers the construction of the specific street improvement. Such security shall be in a form approved by the City Attorney (Engineering) d-/L/ Table A Public Facilities Required to be Constructed by Freeway Commercial Facil- Description Cumulative Specific Planning Area ity Building Square Triggers (Phase) ] Foota!!e Triggers STREET IMPROVEMENTS la Eastlake Parkwav: I (Blue, Red, Green), A, Olympic Parkway to FC-2 Property (Yellow), F Line Ib Eastlake Parkwav: 1 (Blue, Red, Green), A FC-2 Prooertv Line to Street "B" 2 Street "B": 1 (Blue, Red, Green), A Street "A" to EastLake Parkwav 3 Street "A"; 340,000 (Blue, Green), A FC-2 Prooertv Line to Street "B" 4 Street "A": 340,000 (Yellow), A FC-2 Property Line to Olympic Parkwav 5 Eastlake Parkwav: 850,000 (Red), A Street "B" to Birch Road 6 Birch Road: 850,000 (Red), A Eastlake Parkway to Street "A" 7 Street "A": 850,000 (Red, Green), A Street B to Birch Road 8 Birch Road: 850,000 (Green), F Street "A" to westerly SR-125 on/off ramps 9 Birch Road: 850,000 See Note 2 Street "A" to La Media Road 10 La Media Road: 850,000 See Note 2 Birch Road to Olvrnoic Parkwav Notes: I = Roadway required for access (A) or Frontage (F) 2 = No Soecific Planning Area tri!!!!ers for this street imorovement. 33. Design all street vertical and horizontal curves and intersection sight distances to conform to the CaITrans' Highway Design Manual and City Standards. All streets, which intersect other streets at or near a horizontal or vertical curve, shall meet intersection design sight distance requirements in accordance with City Standards. When a conflict between the CaITrans ~-/S Highway Design Manual and adopted City standards exists, the adopted City standards shall prevail. Lighted sag vertical curves may be permitted at intersections per AASHTO standards and with approval of the Director of Engineering. (Engineering) 34. Construct sidewalks and pedestrian ramps on all walkways to comply with the "Americans with Disabilities Act" (ADA) standards, as approved by the Director of Engineering. In the event the Federal Government adopts new ADA standards for street rights-of-way, which are in conflict with the standards and approvals for the Project, all such approvals conflicting with those new standards shall be updated to reflect the new standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by federal regulations, once construction has commenced. (Engineering) 35. Grant sight visibility easements to the City of Chula Vista as required by the Director of Engineering, to keep sight visibility areas clear of any obstructions. Sight visibility easements shall be shown on grading plans, improvement plans, and final maps to the satisfaction of the Director of Engineering. Sight visibility easements shall be granted as necessary to comply with the requirements in the CaITrans Highway Design Manual and City of Chula Vista standards. Sight visibility easements shall be shown on grading plans, improvement plans, and final maps to the satisfaction of the Director of Engineering (Engineering) 36. Construct, and/or provide security for, traffic signal interconnect conduit and all appropriate wiring for all proposed signalized intersections to the satisfaction of the Director of Engineering. (Engineering) 37. Prior to approval of the first "A" Map for the Project, Applicant shall enter into an agreement with the City to accomplish the following: a. Applicant shall agree to install a maximum of seven (7) permanent traffic count stations at such specific locations determined by the Director of Engineering. b. Applicant shall agree to the amount of the security required by the City to guarantee the installation of said traffic count stations. In addition, Applicant shall agree to provide said security prior to issuance of the construction permit for the related street improvement. The Director of Engineering, at hislher sole discretion, may (1) waive the requirement to construct said traffic count stations if Applicant agrees to provide a cash payment in the amount, deemed necessary by the Director of Engineering, to complete the construction of said stations by the City or its designee; and (2) reduce the number of traffic count stations to be installed by Applicant, if it is demonstrated to the satisfaction of the Director of Engineering that sufficient data or other information is available to warrant such reduction. 38. Applicant shall install all conduits and interconnect improvements for the future traffic and/or pedestrian signals associated with the proposed MTDB transit station in Street "A" in conjunction with the construction of the related street improvements. Prior to approval of the associated improvement plans, Applicant shall provide written evidence, acceptable to Director of Engineering, demonstrating that MTDB has approved said conduits and interconnect improvements. .:< -/0 ......--..--.--.- 39. Prior to approval of the first "An Map or approval of the first improvement plan for Street "An and/or Street "B", whichever occurs earlier, Applicant shall submit and obtain the approval of the Director of Engineering of a design study ("Design Study") for said streets. The Design Study shall identify 1) all those onsite and offsite improvements and/or facilities that need to be constructed by Applicant for providing adequate vehicular circulation to the satisfaction of the Director of Engineering, and 2) a conceptual design and location of neck-downs and/or other traffic calming features at controlled intersections, as described in the Freeway Commercial SPA Plan, to the satisfaction of the Director of Engineering and Director of Planning and Building. All work performed by Applicant prior to approval of the Design Study shall be at Applicant's own risk ("Early Work"). Prior to issuance of a permit for any Early Work, Applicant shall acknowledge in writing that subsequent additional work may be required, at Applicant's cost, as determined by the approved Design Study. 40. The Applicant shall obtain approval from the Director of Engineering and the Director of Planning and Building for the proposed street name for Street "B" within the project prior to the approval of the first final map. Approved street name for Street "B" shall be shown on the first final map. 41. Agree to install permanent street name signs prior to the issuance of the first building permit for the applicable final map. (Engineering) 42. Acquire and then grant to the City all off-site rights-of-way and easements necessary for the installation of required street improvements and/or utilities. (Engineering) 43. Notify the City, at least 60 days prior to consideration of the approval of the applicable final map by City Council, if off-site right-of-way and easements cannot be obtained as required by these conditions. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification the Applicant shall: a. Pay the full cost of acquiring off-site right-of-way or easements required by the Conditions of Approval of the Tentative Map. b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. Said estimate is subject to the approval of the Director of Engineering. c. Have all right-of-way and/or easement documents and plats prepared and appraisals complete, as necessary to commence condemnation proceeding, and as determined by the Director of Engineering. d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements, or licenses needed for off-site improvements, or work related to the final map. The Applicant shall pay all costs, both direct and indirect, incurred in said acquisition. Items a, b, and c above shall be accomplished prior to the approval of the applicable final map. (Engineering) ,;( -/;7 44. Prior to approval of the building permit that triggers the installation of the related street improvements listed below, the Applicant shall enter into an agreement to construct and secure all those improvements deemed necessary by the Director of Engineering to provide a fully actuated traffic signal including interconnected wiring at the following intersections: 1. Olympic Parkway and Street "A", ll. Eastlake Parkway and Street "B", 111. Eastlake Parkway and Birch Road, IV. Birch Road and Street "A", v. Street "A" and Street "B", VI. Street "A" and Project Dwy 5 entry street, Vll. Street "A" and Project Dwy 6 entry street, Vlll. Birch Road and La Media Road, The Applicant shall fully design the aforementioned traffic signals in conjunction with the improvement plans for the related streets, and shall install underground improvements, standards and luminaries in conjunction with the construction of the applicable street improvements. In addition, the Applicant shall install mast arm, signal heads, signal interconnect cable, and associated equipment when traffic signals warrant as determined by the Director of Engineering. (Engineering) 45. Street cross sections shall conform to the cross sections shown on the tentative map, unless otherwise conditioned or approved herein. All other design criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein. (Engineering) 46. Submit to and obtain approval by the Director of Engineering of striping plans for all collector or higher classification streets simultaneously with the associated improvement plans. (Engineering) GRADING AND DRAINAGE 47. Prior to issuance of the first grading permit, Applicant shall provide evidence of MTDB approval of an exhibit setting forth the proposed grading and vertical and horizontal alignments, acceptable to the Director of Engineering, for the LRT right-of-way. (Engineering) 48. Should Applicant propose the construction of private offsite temporary drainage and/or desilting facilities within the EUC project, Applicant shall, prior to approval of any grading permit for such construction, enter into an agreement with the City, where Applicant agrees to provide for the maintenance of said facilities to the satisfaction of the Director of Engineering until such time as they are replaced by permanent facilities approved by the City. In addition, Applicant shall provide security in the form of cash or other security instrument approved by the Director of Engineering and City Attorney, guaranteeing the performance of said maintenance obligations. (Engineering) 49. Provide graded vehicle access to all public storm drain clean-outs and/or detention facilities, or implement other access solutions approved by the Director of Engineering. Storm drain clean- outs shall not be located on slopes or inaccessible areas for maintenance equipment. ~-/~ (Engineering) 50. Drainage shall be collected in an inlet and carried to the bottom of any slope in an underground storm drain, if the slope is over 10 feet in height and steeper than 4: 1. (Engineering) 51. Prior to approval of each grading plan, demonstrate the adequacy of existing downstream drainage facilities or include, in the grading plans, the construction of additional temporary detention facilities, to ensure that the maximum allowable discharges after development are conveyed by existing downstream drainage facilities to the satisfaction of the Director of Engineering. Applicant shall enter into an agreement with the City, where Applicant agrees to provide for the maintenance of said facilities until such time as they are replaced by permanent facilities approved by the City. 52. Construct a protective fencing system around all proposed detention and/or desiJting facilities and the inlets and outlets of storm drain structures within the project, as and when directed by the Director of Engineering. The final fencing design and types of construction materials shall be subject to approval by the Director of Engineering and Director of Building and Park Construction. (Engineering, Building and Park Construction) 53. Submit to and obtain approval rrom the Director of Engineering and Director of Building and Park Construction of an erosion and sedimentation control plan as part of grading plans. (Engineering, Building and Park Construction) 54. Locate lot lines at the top of slopes except as shown on the Tentative Map or as approved by the Director of Engineering and Director of Planning and Building. Lots shall be so graded as to drain to the street or an approved drainage system. Drainage shall not be permitted to flow over slopes or onto adjacent property. (Engineering, Planning and Building) 55. Design and construct all grading and pad elevations to be within 3 feet of the grades and elevations shown on the approved Tentative Map or as otherwise approved by the Director of Engineering and Director of Planning and Building. (Engineering, Planning and Building) 56. Obtain and submit to City staff notarized letters of permission for all off-site grading work prior to issuance of grading permit for work requiring said off-site grading. Should applicant fail to obtain a letter of permission to grade that area of FC-2 which borders FC-l, Applicant shall thereafter provide a letter of permission to the developer ofFC-2, upon City's request to do so. (Engineering) 57. Design and construct all public storm drains as close to perpendicular to the slope contours as possible, but in no case greater than 15 degrees rrom perpendicular to the contours. (Engineering) 58. Provide a minimum of three (3) feet of flat ground access rrom the face of any wall to the beginning of the slope rounding for wall maintenance, unless otherwise approved for BOA slopes by the Director of Engineering and the Director of Planning and Building. (Engineering, Planning and Building) 59. Provide a setback, as determined by the Director of Engineering based on Soil Engineer ,A-/;/ recommendations, between the property lines of the proposed lots and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped property or property owned by others. The Director of Engineering shall not approve the creation of any lot that does not meet the required setback. (Engineering) 60. Prior to issuance of grading permits, Applicant shall demonstrate that the grading plans are in substantial compliance with the grading outlined in the Tentative Map. (Engineering, Planning and Building) 61. Construct energy dissipaters at all storm drain outlets, as required by the Director of Engineering to maintain non-erosive flow velocities. (Engineering) 62. Design and construct the inclination of each cut or fill surface, resulting in a slope, to not be steeper than 2:1 (two horizontal to one vertical), except for minor slopes as herein defined. All constructed minor slopes shall be designed for proper stability considering both geological and soil properties. A minor slope may be constructed no steeper than one and one-half horizontal to one vertical (1.5:1) contingent upon: a. Submittal and approval of reports by both a soils engineer and a certified engineering geologist containing the results of surface and sub-surface exploration, and analysis. These results should be sufficient for the soils engineer and engineering geologist to certify that in their professional opinion, the underlying bedrock and soil supporting the slope have strength characteristics sufficient to provide a stable slope and will not pose a danger to persons or property. b. The installation of an approved slope planting program and irrigation system. c. "Minor Slope" is defined as a slope four (4) feet or less in vertical dimension in either cut or fills, between parcels and not parallel to any roadway. (Engineering) 63. Construct temporary desilting basins at all discharge points adjacent to drainage courses or where substantial drainage alteration is proposed in the grading plan. The exact design and location of such facilities shall be based on hydrological modeling, and determined pursuant to direction by the Director of Engineering. (Engineering) 64. The Development shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEP A), as set forth in the National Pollutant Discharge Elimination System (NPDES), permit requirements for urban runoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista, pursuant to the NPDES regulations or requirements. Further, the Applicant shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The Applicant shall comply with all the provisions of the NPDES and the Clean Water Program during and after all phases of the development process, including, but not limited to, mass grading, rough grading, construction of street and ,.:< -.;10 landscaping improvements, and construction of dwelling units. The Applicant shall design the Project storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, to the satisfaction of the Director of Engineering. (Engineering) 65. Prior to approval of the first "A" map for the Project, Applicant shall enter into an agreement with the City where Applicant agrees not to protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. The above noted agreement shall run with the entire land contained within the Project. (Engineering) 66. Prior to the first Design Review approval for each Planning Area, Developer shall obtain the approval of the Director of Engineering of a report (Water Quality Technical Report) which identifies the permanent Best Management Practices for the proposed entire Planning Area. The Water Quality Technical Report shall comply with all applicable requirements of the Development and Redevelopment Project Storm Water Management Standards Requirements Manual (approved by City Council Resolution 2002-475.) (Engineering) 67. Developer shall comply with all of the applicable provisions of the Storm Water Management and Discharge Control Ordinance (Chapter 14.20 of the Chula Vista Municipal Code, the Development and Redevelopment Project Storm Water Management Standard Requirements Manual (approved by Council Resolution 2002-475), and the City of Chula Vista SUSMP to the satisfaction of the Director of Engineering. (Engineering) 68. Enter into a maintenance agreement with the City, where Applicant agrees to operate and maintain in perpetuity all private permanent BMPs deemed necessary by the Director of Engineering to provide service to said final map. Applicant shall submit and obtain approval ITom the Director of Engineering of a maintenance program for the proposed permanent BMPs. The maintenance program shall include, but not be limited to: I) a manual describing the maintenance activities of said facilities, 2) an estimate of the cost of such maintenance activities, and 3) a funding mechanism for financing the maintenance program. (Engineering) 69. Prior to the issuance of each grading permit, or as otherwise approved by the Director of Building and Park Construction, the Applicant shall prepare, submit and obtain the approval of the Director of Building and Park Construction, Director of Engineering and Environmental Review Coordinator for a landscape and irrigation slope erosion control plan. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and Grading Ordinance. Applicant shall install erosion control in accordance with approved plans within six months ITom the commencement of grading. (Building and Park Construction, Engineering, Planning and Building, Environmental) 70. Prior to issuance of any grading permit based on plans proposing the creation of down slopes adjacent to a_street, Applicant shall submit and obtain the Director of Engineering' s approval of a study to determine the necessity of providing guardrail improvements at those locations. Applicant shall construct and secure any required guardrail improvements upon the request of .:( - .;? 1 the Director of Engineering. If so requested, the guardrail shall be installed per CaITrans Traffic Manual and Roadside Design Guide requirements to the satisfaction of the Director of Engineering. (Engineering) 71. All private storm drains ITom the project shall connect into the public storm drain system at a structure such as a cleanout or catch basin. Storm drain systems that collect water ITom private property shall be designated private on grading and drainage and/or improvement plans to the point of connection with a public system or to the point at which storm water that is collected ITom public street right-of-way, public park or open space areas is first introduced into the system. Downstream ITom that point, the storm drain system shall be public. An encroachment permit shall be submitted for approval to the City for private storm drains within the public right-of-way or within C.F.D. maintained lots. (Engineering) 72. Submit with grading and drainage and/or improvement plans, as applicable, hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. (Engineering) 73. Brow ditches that cross over slopes greater than 10 feet in height and steeper than 3:1 gradient shall not be allowed. Drainage shall be collected in an inlet and carried via underground storm drain to the bottom of the slope or a drain inlet connected to an underground storm d~ain. The applicant shall ensure that brow channels and ditches emanating from and/or running through City Open Space are not routed through private property. Brow ditches and channels ITom private property shall not be routed through City open space unless approved by the Director of Engineering. (Engineering) 74. Indicate on all affected grading plans that all walls which are to be maintained by open space districts shall be constructed entirely within open space lots dedicated to the City. (Engineering) 75. Prior to the approval of each mass grading permit, Applicant will submit a drainage study to the satisfaction of the Director of Engineering showing that the interim grading conditions do not adversely impact downstream drainage systems. (Engineering) 76. Prior to issuance of each grading permit, Applicant shall demonstrate that the grading plans are in substantial compliance with the grading concepts outlined in the Freeway Commercial SPA Plan and consistent with the landform grading policies described in the City's General Plan. Said grading concepts will ensure that manufactured slopes are contoured to blend with and reflect adjacent natural slopes. (Engineering, Planning and Building) 77. Prior to issuance of any grading permit proposing off-site grading within the Eastern Urban Center (EUC) project, Applicant shall demonstrate to the satisfaction of the Director of Engineering that said off-site grading operation is needed for the proposed grading operations. (Engineering) SEWER 78. Applicant shall design all public sewer in accordance with the following requirements: ,.;{ -,;:;{ a. Design all sewer access points (manholes) to be located at centerline of street, cul-de- sac center, or at the center of a travel lane, unless otherwise approved by the Director of Engineering. b. Provide improved all-weather paved access to all sewer manholes to withstand H-20 wheel load or other loading as approved by the Director of Engineering. c. Sewer access points (manholes) shall not be located on slopes or in inaccessible areas for maintenance equipment. d. Provide sewer manholes at all changes of alignment of grade, unless otherwise approved by the Director of Engineering. Install sewer mains such that there are no bends exceeding 45-degree to the direction of flow. e. Manholes should not be located in the wheel tracks on Class I Collector Streets and above, unless otherwise approved by the Director of Engineering. Manholes within intersections of Class I Collectors and above shall meet Regional Standard Drawing M- 4 (Locking). f. Sewer main pipes shall not run parallel and under slopes greater than 5: 1 unless otherwise approved by the Director of Engineering. g. Sewer lines, which are greater than 20 feet in depth, shall use C-900 or C-905 class pipe, as approved by the Director of Engineering. (Engineering) WATER 79. Prior to approval of each final map, present verification to the Director of Engineering in the form of a letter ITom Otay Water District indicating that the assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid, or that no assessments/bonded indebtedness exist on the parcel(s). (Engineering) 80. Prior to approval of each final map, present verification to the Director of Engineering in the form of a letter from Otay Water District that the subdivision will be provided adequate water service and long-term water storage facilities. The Applicant shall phase and install water system improvements as required by the Otay Water District. (Engineering. Planning and Building) 81. Avoid installation of privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of installing sleeves for future construction of privately owned facilities. The Director of Engineering may waive this requirement if the following is accomplished: a. The Applicant enters into an agreement with the City where the Applicant agrees to the following: 1. Apply and obtain approval of an encroachment permit for installation of private ;<-;<3 ----.---.'"----..-- utilities within public right-of-way. 11. Maintain membership in an advance notice service, such as: the USA Dig Alert Service. iii. Mark out all private facilities/utilities owned by the Applicant whenever work is performed in the area. IV. The terms of this Agreement shall be binding upon the successors and assigns of the Applicant. b. Shutoff devices, as determined by the Director of Engineering, are provided at those locations where private facilities traverse public streets. (Engineering) AGREEMENTSIFINANCIAL 82. Enter into a supplemental agreement with the City wherein the Applicant agrees as follows: a. That the City may withhold building permits for the subject subdivision if anyone of the following occur: 1. Regional development threshold limits set by the City have been reached or in order to have the Project comply with the Growth Management Program as may be amended ITom time to time. 11. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. iii. The required public facilities, as identified in the PFFP, or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The Applicant may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, thePFFP may be amended, as approved by the City's Director of Planning and Building and the Public Works Director. (Engineering, Planning and Building) b. Defend, indemnifY and hold harmless the City and its agents, officers and employees, ITom any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act; provided the City promptly notifies the subdivider of any claim, action or proceeding, and on the further condition that the City fully cooperates in the defense. (Engineering. Planning and Building) c. Permit all cable television companies rranchised by the City of Chula Vista equal opportunity to place conduit and provide cable television service for each lot or unit within the final map area. Applicant further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable 2-;?~ television conduit within the properties situated within the final map only to those cable television companies rranchised by the City of Chula Vista, the condition of such grant being that: (a) such access is coordinated with Applicant's construction schedule so that it does not delay or impede Applicant's construction schedule and does not require the trenches to be reopened to accommodate that placement of such conduits; and (b) any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Applicant hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. (Engineering, Planning and Building) d. That the City may withhold the issuance of building permits for the Project, should the Applicant be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Applicant of notice of such determination and allow the Applicant reasonable time to cure said breach. (Engineering, Planning and Building) e. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting rrom this project. (Engineering, Planning and Building) f. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). (Engineering) g. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. This agreement not to protest shall not be deemed a waiver of the right to challenge the amount of any assessment which may be imposed due to the addition of these new facilities and shall not interfere with the right of any person to vote in a secret ballot election. h. Indemnify, and hold harmless the City, its elected and appointed officers and employees, rrom and against all fines, costs, and expenses arising out of non-compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results rrom any action by the Applicant, any agent or employee, subcontractors, or others. The Applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. (Engineering) 83. Prior to approval of each final map, the Applicant shall agree to contract with the City's current street sweeping rranchisee, or other server approved by the Director of Public Works Operations to provide street sweeping for each phase of development on a rrequency and level of service comparable to that provided for similar areas of the City. The Applicant shall cause street sweeping to commence immediately after the first building, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street, or 60 days after the completion of all punch list items, whichever is shorter. The Applicant further agrees to provide the Director of Public Works Operations with a copy of the memo requesting street .:< - ;? S- sweeping service. Such memo shall include a map of areas to be swept and the date the sweeping will begin. (Engineering) 84. Prior to approval of the first "Au map for the Project, Applicant shall grant an Irrevocable Offer of Dedication (I.O.D.) in fee, in a form approved by the City Attorney, for the right-of-way deemed necessary by the Director of Engineering to accommodate the future SR-125 facilities. In addition, the Applicant shall provide written evidence, acceptable to the Director of Engineering, demonstrating that CALTRANS approves the proposed SR-125 right-of-way. (Engineering) 85. Prior to approval ofthe first "A" map for the Project, Applicant shall grant an Irrevocable Offer of Dedication (LO.D.) in fee to the City, in a form approved by the City Attorney, for the right- of-way not located within Street "A" deemed necessary by the Director of Engineering to accommodate the future MTDB facilities. Said right-of-way shall be shown as a separate lot in the first "A" map. In addition, Applicant shall provide written evidence, acceptable to the Director of Engineering, demonstrating that MTDB approves the proposed transit right-of-way. (Engineering) 86. Prior to approval of the first "A" map, Applicant shall enter into a maintenance and grant of easement agreement with the City, in a form approved by the City Attorney, where Applicant agrees to a) maintain the street trees, tree wells, irrigation system, landscaping, and sidewalks located within the public parkways (back of curb to right-of-way line) at both sides of Street "A" and Street "B". b) assume full responsibilities for any repairs to the street hardscape, including but not limited to, sidewalk, curb and gutter, and AC pavement, if determined by the City to be caused by the street trees or irrigation system; and c) indemnify and hold the City harmless from any liability resulting from App1icant's default on the above mentioned maintenance obligations. The Director of Public Works Operations may, at hislher sole discretion, waive this requirement or a portion thereof, should an alternative maintenance and funding mechanism be approved by the City. (Engineering, Public Works Operations) 87. The Applicant shall comply with all previous agreements still in effect as they pertain to this tentative map. (Engineering, Planning and Building) 88. The Applicant shall implement the final. Air Quality Improvement Plan (AQIP) measures as approved by the City Council, and to comply and remain in compliance with the AQIP. The Applicant shall also waive any claim that the adoption of a final AQIP constitutes an improper subsequent imposition ofthe condition. (Planning and Building) 89. The Applicant acknowledges that the City Council may, rrom time-to-time, modify air quaJity 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 prior to each final map approval within the Project. The new measures shall apply, as applicable, to development within all future final map areas, but shall not be retroactive to those areas which receive final map approval prior to effect ofthe subject new measures. (Planning and Building) 90. The Applicant acknowledges that the City Council may, rrom 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 Water Conservation Plan (WCP) to incorporate those new measures, which are in effect prior to each final map approval within the Project. The new measures shall apply to development within all future final map areas, but shall not be retroactive to those areas, which received final map approval prior to effect of the subject measures. (Planning and Building) 91. Submit, prior to approval of the each Final "B" map, evidence acceptable to the Director of Engineering and the Director of Planning and Building, of the formation of a Business Owner's Association, and/or another financial mechanism acceptable to the City Manager (herein referred to as "BOA"). The BOA formulation documents and BOA budget regarding this condition 89 shall be subject to approval by the City Attorney. CC&R's and/or other alternative similar documentation (herein collectively referred to as "CC&R's) for the Project shall be submitted to the Planning and Building Department for review and approval no later than 60 days after approval of each Pinal "B" map, and shall include all of the following: a) Provisions ensuring the maintenance of all common facilities located within the project including, but not be limited to: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures, water treatment facilities, landscaping, trees, streets, parking lots, driveways, and sewage systems that are private. Common facilities are to be identified or labeled in an exhibit in the CC&R's. b) Language establishing the BOA responsibilities to maintain p~blic landscaping and/or improvements in conformance with the Maintenance Responsibility Map. c) Language establishing the BOA responsibility to maintain trees, tree wells, sidewalk, irrigation system, and landscaping located within the public parkways at both sides of Street "A" and Street "B" (back of curb to right-of-way line). The Director of Public Works Operations may, at hislher sole discretion, waive this requirement or a portion thereof, should an altemative maintenance and funding mechanism be approved by the City. d) Language naming the City of Chula Vista as a party to the CC&R's, with the authority, but not the obligation, to enforce the terms and conditions of the CC&R's in the same manner as any owner within the BOA. Should the City act to enforce any of the CC&R's, the BOA shall immediately reimburse the City for all costs associated with such actions. e) Before any revisions to provisions of the CC&R's that may particularly affect the City can become effective, said revisions shall be approved by the City. The BOA shall not seek approval rrom the City of said revisions without the prior consent of 100 percent of the holders of first mortgages or property owners within the BOA unless otherwise approved by the Director of Planning and Building. f) The BOA shall indemnifY and hold the City harmless rrom any claims, demands, causes of action liability or loss related to or arising rrom the maintenance activities ;?-c7? ofthe BOA. g) The BOA shall not seek to be released by the City rrom the maintenance obligations described herein without the prior consent of 100 percent of the holders of first mortgages or property owners within the BOA. h) The BOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per-occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured and shall not contain a cross-party exclusionary clause. i) Provisions requiring daily sweeping of common parking lots and internal drives by a reputable sweeping company. j) Language assuring BOA membership in an advance notice service such as the USA Dig Alert Service in perpetuity. 92. The Applicant shall be required to equitably participate in any future regional impact fee program for regional facilities should the region enact such a fee program to assist in the construction of such facilities. The Applicant shall enter into an agreement with the City which states that the Applicant will not protest the formation of any potential future regional benefit assessment district formed to finance regional facilities. This agreement to not protest the formation of said regional benefit assessment district shall not be deemed a waiver of the right to challenge the amount of any fee which may be imposed due to these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. (Engineering) 93. Prior to issuance of each building permit within the Freeway Commercial SPA, the Applicant shall pay fees or some other financing mechanism approved by the school district to provide for the construction of needed elementary, middle and high schools. (Engineering) 94. Prior to approval of the first "A" Map for the project in order to satisfy the Project's fair-share contribution for financing the regional transit system, the Applicant shall enter into an agreement with the City which states that the Applicant will not protest the formation of any potential future regional benefit assessment district formed to finance the regional transit system. This agreement to not protest the formation of said regional benefit assessment district shall not be deemed a waiver of the right to challenge the amount of any fee, which may be imposed due to these new improvements and shall not interfere with the right of any person to vote in a secret ballot election (Engineering, MTDB) OPEN SPACE/ASSESSMENTS 95. In the event Applicant requests the formation of a Community Facility District (CFD) for providing a funding mechanism for the maintenance of public improvements within the Project, the Applicant shall make such request, and obtain City Council approval for the formation of said CFD prior to the approval of the first "A" map for the Project. The Applicant shall submit a list of amenities, acreage and maintenance costs for all public open space lots and facilities, including, but not limited to, the parkways, medians, open space lots, enhanced paving and ;( --1;;( water quality treatment facilities. Maintenance of the improvements shaU be accomplished by the Applicant for a minimum period of one year, or until such time as accepted into the CFD by the Director of Public Works Operations. If Council does not approve the CFD formation, some other financing mechanism, such as Business Owners Association, or an endowment shall be established and submitted to the City Council for consideration prior to approval of the first "A" map. AU costs of formation and other costs associated with the processing of the CFD for this project shall be paid for by the Applicant. The Applicant shall provide all the necessary information and materials (e.g., tables, diagrams, etc.) required by the Director of Engineering for processing the formation of the proposed CFD. (Engineering) 96. Grant in fee to the City on the applicable final map, aU the open space lots to be maintained by the City through an open space district. Applicant shall provide on the final map a certificate, pursuant to section 66477.2(a) of the Subdivision Map Act, rejecting those open space lots to be maintained by the Business Owners Association, as determined by the Director of Engineering. (Engineering) 97. Prior to issuance of any grading permit which includes Landscaping and Irrigation (L&I) improvements to be installed in an open space lot to be maintained by the CFD, the Applicant shall place a cash deposit with the City which will guarantee the maintenance of the L&I improvements until the City accepts said improvements. In the event the improvements are not maintained to City standards as determined by the Director of Engineering, Director of Public Works Operations, or the Director of Building and Park Construction, the deposit shall be used to perform the maintenance. The amount ofthe deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months as determined by the Director of Engineering. Any unused portion of said deposit shall be incorporated into the open space district's reserve at such time as the open space district assumes the maintenance of the open space lot. (Engineering, Public Works, Building and Park Construction) 98. All Project landscaping shall conform to the design elements of the City's Landscape Manual. (Building and Park Construction) 99. Provide proof to the satisfaction of the Director of Engineering and Director of Building and Park Construction that aU improvements located on open space lots will be incorporated into and maintained by a Business Owner's Association or a CFD. (Engineering, Building and Park Construction) 100. Prior to approval of the first "A" map for the Project, the Applicant shall enter into a maintenance and grant of easements agreement as necessary for landscaping and improvements maintained by a Business Owner's Association within City right-of-way or such other public areas required by the City. (Engineering, Building and Park Construction) 101. Provide minimum 15' wide easements to the City ofChula Vista as required by the Director of Engineering for construction and maintenance of sewer facilities. (Engineering) 102. Provide minimum 15' wide easements to the City ofChula Vista as required by the Director of Engineering for construction and maintenance of storm drain facilities. (Engineering) 103. Provide easements for all off-site public storm drains and sewer facilities prior to approval of f<. --< 7' each final map requiring those facilities unless Section 66462.5 of the State Map Act applies. The easements shall be sized as required by the City ofChula Vista Standards, unless otherwise approved by the Director of Engineering. (Engineering) 104. Grant on all applicable final maps, easements along all public streets within the subdivision as shown on the tentative map and in accordance with City standards unless otherwise approved by the Director of Engineering and the Director of Planning and Building. The Director of Engineering may require either the removal or the subordination of any easement, which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way. (Engineering) 105. Provide a 20-foot minimum sewer and access easement for public sewer lines located between buildings, unless otherwise required by the Director of Engineering. All other easements shall meet City standards for required width. (Engineering) 106. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any final map that proposes private access, utilities or drainage facilities crossing property lines as directed by the Director of Engineering. (Engineering) 107. Grant to City two-foot access easements along the rear and side property line of lots adjoining walls to be maintained by the open space district. The locations of these easements shall be as required by the Director of Planning and Building and the Director of Engineering to provide adequate access for maintenance of said walls. (Engineering) 108. Storm drain easements shall be private unless the storm drain systems therein are public. (Engineering) 109. Provide for the removal or subordination of any easement which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way to the satisfaction of the Director of Engineering. (Engineering) LANDSCAPE 110. Prior to issuance of each construction permit and grading permit for the Project, the Applicant shall secure all landscape improvements associated with the improvements covered by said permit. The security shall be in amounts as determined by the Director of Building and Park Construction and approved in form by the City Attorney. Applicant shall prepare and submit to the Director of Building and Park Construction landscape improvement plans concurrent with the second submittal of street improvement or grading improvement plans for corresponding areas. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and the SPA. Applicant shall agree to and shall install all landscape improvements in accordance with the approved plans to the satisfaction of the Directory of Planning and Building and the Director of Building and Park Construction. (Planning and Building, Engineering, Building and Park Construction) 111. The applicant shall install all street trees in accordance with Section 18.28.010 of the Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. Street trees are to be consistent with tree species .;{ - .16 described in the Freeway Commercial Design Plan, Freeway Commercial SPA Plan and Landscape Master Plan, and shall be subject to approval by the Director of Planning and Building and Director of Public Works Operations. Prior to the installation of any dry utilities, including but not limited to cable, telephone, gas or electric lines, Applicant agrees to complete preliminary street improvement plans that show the location of all future street trees, which will be subject to the review and approval of the Director Building and Park Construction and the Director of Planning and Building. Prior to any utility installation, wood stakes shall be placed by the Applicant on site according to approved preliminary street improvement plans that depict street trees and shall be painted a bright color and labeled as future street tree location. Applicant further agrees to provide City documentation, acceptable by the Director Building and Park Construction and the Director of Planning and Building, that all utility companies have been given notice that no dry utility line shall be located within five feet of the wood stake in any direction. Applicant will maintain street tree identification stakes in locations as shown on approved preliminary plans until all dry utilities are in place. A street tree improvement plan, including mailbox locations, shall be submitted for review and subject to the approval of the Director of Planning and Building and the Director of Engineering prior to or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the selection of street trees for the street parkways. (Engineering, Planning and Building, Building and Park Construction) 112. Design landscape and irrigation plans such that street tree placement is not in conflict with the sight visibility of any traffic signage. The Applicant shall be responsible for the removal of any obstructions within the sight visibility of said traffic signs to the satisfaction of the Director of Engineering. (Engineering) 113. Prior to the approval of the first "A" map or issuance of the first grading permit proposing to create finished lots, whichever occurs first, Applicant shall prepare, submit and receive approval from the Director of Building and Park Construction of a comprehensive Project Landscape Master Plan. Such approval shall be indicated by means of the Director's signature and date on said Plan. The contents of the Landscape Master Plan shall conform to the City staff checklist and contain the following major components: Landscape Concept Wall and Fence Plan, indicating type, material, height and location. Maintenance Responsibility Plan Planting Concept Plan Master Irrigation Plan (Building and Park Construction, Planning and Building, Engineering, Public Works) MISCELLANEOUS 114. Prior to approval of each final map, Applicant shall submit copies of the final map in a digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file of the final map shall combine all map sheets into a single CADD drawing, in DXF, DWG or Arc View (GIS) format and shall contain the following individual layers: Subdivision Boundary (closed polygons), ;(-31 Lot Lines (closed polygons) Street Centerlines (polygons) Easements (polylines) Street names (annotation) Lot numbers (annotation) (Engineering) 115. Within thirty (30) days of the Director of Engineering approval, the Applicant shall submit copies of all approved grading and improvement plans associated with the project in digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital files shall combine all sheets into a single CADD drawing for each set of plans, in DXF, DWG or Arc View (GIS) format. (Engineering) 116. Within thirty (30) days of the City Council approval of these tentative map conditions, or prior to the submittal of the first "A" map for the Project, whichever occurs first, the Applicant shall submit a digital drawing file of the tentative map in its approved form. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file shall combine all map sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) format and shall contain the following individual layers: a. Subdivision Boundary (closed polygons) b. Lot Lines (closed polygons) c. Street Centerlines (polylines) d. Easements (polylines) e. Street Names (annotation) f. Lot Numbers (annotation) The digital drawing file shall be submitted in accordance with the City Guidelines for Digital Submittal on 3-Yz" disks or CD, as an e-mail attachment to the Director of Engineering, or as otherwise approved by the Director of Engineering. (Engineering) FIRE AND BRUSH MANAGEMENT 117. The Applicant shall comply with the Fire Department's codes and policies for Fire Prevention, as may be amended rrom time to time. The Applicant shall provide the following items prior to delivery of combustible materials on any construction site on the Project: a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal. b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 20 feet (or an acceptable alternative approved by the Fire Marshal and in compliance with the U.F.C.). c. Street signs installed to the satisfaction of the Director of Engineering. Temporary street signs shall be subject to the approval of the Director of Engineering and Fire Marshal. Locations and identification of temporary street signs shall be subject to review and approval by the Director of Engineering and Fire Marshal. (J?ire, lOngineering) =-< - :J'-< 118. Applicant shall obtain the approval of the City's Fire Marshal for the timing of construction of all internal streets in the Project. (Fire, Engineering) 119. In addition to those fire hydrants depicted on the tentative map, the applicant shall install additional fire hydrants upon request and to the satisfaction of the Fire Marshal. (Fire, Engineering) 120. Construct a temporary turnaround or street improvements, upon the request of and as determined necessary by the Director of Engineering and Fire Marshal, at the end of temporarily stubbed streets greater than 150 feet in length (as measured rrom the nearest street centerline intersection). (Engineering) CODE REOUlREMENTS 121. Comply with all applicable sections of the Chula Vista Municipal Code including Chapter 15.04 "Grading Ordinance" as amended. Preparation of the final maps and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. (Engineering) 122. Underground all utilities within the subdivision in accordance with Municipal Code requirements to the satisfaction of the Director of Engineering. (Engineering) 123. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The Applicant shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the Director of Engineering. (Engineering) 124. Pay all required fees, including the following fees, in accordance with the City Code and Council Policy: The Transportation and Public Facilities Development Impact Fees. Traffic Signal Participation Fees. All applicable sewer fees, including but not limited to sewer connection fees. Interim SR-125 Development Impact Fee Poggi Canyon Gravity Sewer Basin DIF Pay the amount of said fees in effect when payment is due. (Engineering, Planning and Building) GROWTH MANAGEMENT/PUBLIC FACILITIES FINANCING PLAN (PFFP)/ PHASING 125. Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended rrom time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). (Engineering, Planning and Building) 126. Install public facilities in accordance with the Freeway Commercial Public Facilities Finance Plan as may be amended rrom time to time, or as required by the Director of Engineering to ':{-:i'3 ___ ....."._u_...._~_,___._ ___ '" ~_._~_____.. meet threshold standards adopted by the City of Chula Vista. The Director of Engineering and Director of Planning & Building may, at their discretion, modifY the sequence of improvement construction should conditions change to warrant such a revision. (Engineering, Planning and Building) PHASING 127. If the applicant proposes to modifY the Freeway Commercial SPA approved phasing plan, the applicant shall submit to the City a revised phasing plan for review and approval upon request of the Director of Engineering. prior to approval of the first final "B" Map. The PFFP shall be revised where necessary to reflect the revised phasing plan. (Engineering) 128. The Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of the Freeway Commercial SPA, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other Freeway Commercial SPA Plan document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the Freeway Commercial SPA's facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern Freeway Commercial SPA development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The Director of Engineering may modifY the sequence of improvement construction should conditions change to warrant such a revision. (Engineering) .,)-:3~ "-''''''''------' ...-.-. ...---.-..-.--------- ATTACHMENT 3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR A PORTION OF THE OTAY RANCH, SECTIONAL PLANNING AREA 12 - FREEWAY COMMERCIAL PLAN, CHULA VISTA TRACT 03-11. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. and described on Chula Vista Tract 03-11, and is commonly known as Planning Area 12 - Freeway Commercial-South (McMillin), ("Property"); and, WHEREAS, a duly verified application for the subdivision of the Property in the form of a tentative subdivision map known as "Tentative Map, Otay Ranch Planning Area 12 - Freeway Commercial (South), Chula Vista Tract 03-11", ("Project"), was filed with the City of Chula Vista Planning and Building Department on November 26, 2002 by McMillin Otay Ranch, LLC, ("Applicant"); and, WHEREAS, the application requests the approval for the subdivision of approximately 86.9 acres of land located west of Eastlake Parkway, north of Birch Road, east of future State Route (SR) 125 route, and south of the Otay Project, LLC-owned portion of Freeway Commercial (North), in the area known as Otay Ranch Planning Area 12 - Freeway Commercial (South) into 38 commercial lots; and WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact Report No. 90-01, SCH #9010154 ("Program FEIR 90-01"); and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Planning Area 12 - Freeway Commercial Plan ("SPA Freeway Commercial Plan") previously approved by the City Council on March 18,2003 by Resolution No. wherein the City Council, in the environmental evaluation of said SPA Freeway Commercial Plan, relied on the Otay Ranch SPA Planning Area 12 - Freeway Commercial Plan Final Environmental Impact Report No. 02-04, SCH #1989010154 ("FEIR 02-04"); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project for compliance with the California Environmental Quality Act and has determined that the project was covered in previously adopted FEIR 02-04. The Environmental Review Coordinator determined that no conditions described in Section 15162 and 15163 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; and, /-3C ^ ~._.._...,_.._.^. --_.--------.---_._- Resolution Page 2 WHEREAS, the Planning Commission set the time and place for a hearing on said "Tentative Map, Otay Ranch Planning Area 12 - Freeway Commercial (South), Chula Vista Tract 03-11", (PCS-03-11) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on March 26, 2003, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended approval of the Project and said hearing was thereafter closed; and WHEREAS, a public hearing was scheduled before the City Council of the City ofChula Vista on proposed "Tentative Map, Otay Ranch Planning Area 12 - Freeway Commercial (South), Chula Vista Tract 03-11", (PCS-03-II) and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on March 26, 2003, and the minutes and resolutions resulting thererrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in Second-Tier Final EIR 02-04 would have no new effects that were not examined in the said Final EIR (Guideline 15168 (c)(2)) III. ACTION The City Council hereby approves the Otay Ranch Planning Area 12 - Freeway Commercial Tentative Map, Chula Vista Tract 03-11, (PCS-03-11) involving 86.9 acres of land known 'as Freeway Commercial (South) in this resolution, finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Planning Area 12 - Freeway Commercial SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. .:l-3ip Resolution Page 3 IV. TENTATIVE SUBDIVISION MAP FINDINGS Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Otay Ranch Planning Area 12 - Freeway Commercial (South) Tentative Subdivision Map, Chula Vista Tract 03-11", (PCS-03-11) as conditioned, attached as Exhibit "B" to this resolution, herein for Applicant, is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan, based on the following: 1. Land Use The Project is in a planned area that provides rreeway commercial uses authorized by the Planning. Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan. 2. Circulation All of the on-site and off-site public and private improvements required to serve the subdivision are part of the project description or are conditioned consistent with the Otay Ranch General Development Plan, and the Planning Area 12 - Freeway Commercial SPA Plan. The Applicant shall construct those facilities in accordance with City and Planning Area 12 - Freeway Commercial SPA Plan standards. 3. Housing No housing is proposed; no housing is authorized by the Otay Ranch General Development Plan or the Planning Area 12 - Freeway Commercial SPA Plan 4. Parks. Recreation and Open Space As there is no residential use, there are no parks, recreation or open space obligations for the Tentative Map. 5. Conservation The Program EIR and FEIR addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals and policies. The Otay Ranch Phase Two Resource Management Plan requires conveyance of 1.18 acres of .:?~37 Resolution Page 4 land to the Otay Ranch Preserve for every I-acre of developed land prior to approval of any Final Map. 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity of the Project according to the Otay Ranch Planning Area 12 - Freeway Commercial SPA Geotechnical Reconnaissance Report. 7. Public Safetv All public and private facilities are expected to be reachable within the threshold response times for fire and police services. 8. Public Facilities The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major projects in the eastern territories. 9. Noise The Project may include noise attenuation walls. In addition, all buildings are required to meet the standards of the Uniform Building Code with regard to acceptable interior noise levels. 10. Scenic Highwav The roadway design provides wide landscaped buffers along Olympic Parkway, the only General Plan, GDP/SRP scenic highway adjacent to the Project. 11. Bicycle Routes The Project is required to provide on-site bicycle routes on Olympic Parkway, EastLake Parkway and Birch Road as indicated in the regional circulation system of the General Plan and the Otay Ranch GDP. 2-3'lf Resolution Page 5 12. Public Buildings Public buildings are not proposed or required on the Project site. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. V. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "B", attached hereto. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modifY all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert A. Leiter Director of Planning and Building Ann Moore City Attorney (H:\Shared\Planning\Otay _ Ranch\Frwy _ Comm~SP A \ TM\CC Reso dated 041503.doc) ,;(-.17 THE crr )F CHULA VISTA DISCLOSURE STA\.>ffiNT ATTACHMENT 4 You are required to file a Stalement of Disclosure of certain ownership or financial interests, payments, or campaign contrihutions, un all malters which will require discrclionary aClion on Ihe part of thc City Council, Planning Commission, and all other official bodics. 1}1e following information must be disclosed: \. List the names of all persons having a financial intercsl in the property which is the subjecl of the application or the contract, e.g., owner, applicant, contractor, suhCOntraclOr. material supplier. Me. Mi \I I~ . 6~_~cLo. L-LC. 2. Irany person' identified pursuant to (1) above is a corporation or partnership, list Ihe names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interc.q in the partnership. 3. Ir aoy person' identified pursuant 10 (1) above is non-profit organization or a trust, list the names of any person serving as director of Ihe non-profit organization or a.s Irustce or beneficiary or trustor of Ihe trust. 4. Have you had more than S250 worth of business transacled with any member of the Cily staff, Boards, Commissions, Commiltees, and Council within Ihe pas I twelve months? Yes_ No....x. If yes, please indicate person(s): _ 5. Please identify each and every person, including any agents, employees, consultanls, or independenl contractors who you have assigned 10 represent you hefore Ihe City in this malter, _K~ ~(A.W\1a.v~ 6ro.. ~ "F<<. k:.C'\ '1 elW\'^- ~o.0 f'( €..\-d'\~ GtA VLj c.\~ h 6. Have you and/or your officers or agents, in the aggregale, contributed more Ihan $1,000 to a Couneilmember in the currenl Of preceding eleclion period? Yes_ No~ If yes, slale which Councilmember(s): Ut\"~ contractor/applicant , , . (NOTE: Attach additional pages as Datc: \OI8Iq~ . Person is tkfim:d as: "Any jfl(fj\'jdua!, finn. co-partJlaship, jaim valtUrc, as.mciatinn, J?Cia/ club, frou:mol organization. corporal/oll. estate, mut. rccd...a, syndical" lhi.s alld allY olhc COWlty, dry alld coulltry. ciry InlJ.1licipalil)', di.suJcL, or ulhcr political subdiruion, or allY other group or combillalioll acting as 0 ulliL .. ~ - ef/c) PLANNING COMMISSION AGENDA STATEMENT Item: Meeting Date: .3 3/26/03 ITEM TITLE: PUBLIC HEARING: PCC 03-41: Consideration of a Conditional Use Permit to construct and operate a 24-hour gas station, 24-hour food mart with sales of beer and wine, a full service carwash, and lube service at the intersection of East Lake Parkway and Fenton Street. - EastLake Petroleum. The applicant, EastLake Petroleum, has filed a Conditional Use Permit to construct and operate a 24- hour gas station and food mart with sales of beer and wine, a full service carwash, and lube service within the commercial center known as the EastLake Village Marketplace, which is located at the intersection of EastLake Parkway and Otay Lakes Road (see Locator). The City's Environmental Review Coordinator has reviewed the request for Conditional Use Permit and has determined that it is in substantial conformance with the Mitigated Negative Declaration for the EastLake Village Center North project (IS-O 1-042), and other related environmental documents. The proposed gas station, lube service and carwash will not result in any new environmental effects that were not previously identified, nor would the proposal result in a substantial increase in any impacts previously identified, and therefore no further environmental review is necessary. RECOMMENDATION: Adopt attached Resolution PCC 03-41 approving a Conditional Use Permit to construct and operate a 24-hour gas station and food mart with sales of beer and wine, a full service carwash, and lube service at the intersection of EastLake Parkway and Fenton Street, subject to the conditions contained therein. BACKGROUND: The project is Pad 5 ofthe 380,000 square foot EastLake Village Marketplace commercial center that was considered and conditionally approved by the Design Review Committee on May 20,2002. The commercial center is under construction and expected to be open in the fall of 2003 (see Figure 1). The site plan and architectural elevations of this automotive service station (DRC 03-30) were approved on March 3, 2003 by the Zoning Administrator review process, contingent upon approval of Conditional Use Permit PCC 03-41 (see Attachment 3). DISCUSSION: Existing Site Characteristics The project involves 1.22 acres within the EastLake Village Marketplace commercial center, which is located at the northwest comer of EastLake Parkway and Otay Lakes Road. The project site is 3-/ Page No.2, Item: g Meeting Date: 3/26/03 currently vacant and being graded in conjunction with the overall commercial center grading program. The site is a gradually sloping pad with manufactured slopes on the east and north side of the parcel. The surrounding land uses within the commercial include: I) Target retail store to the north; 2) EastLake Parkway to the east; 3) Wendy's fast food restaurant with drive-through facility to the south; and 4) Lowe's Home Improvement Center to the west (see Figure I). Zoning and Land Use General Plan Site Commercial Retail North Industrial Research & Manufacturing South Commercial Retail & Open Space East Industrial Research & Manufacturing, Residential Low- Medium West Commercial Retail- under constmction Proposal CV Municipal Code Zoning PC, Planned Community PC, Planned Community PC, Planned Community PC, Planned Community PC, Planned Community PC Districl Land Use Designation VC-2, Village Center BC-3, Business Center VC-2, Village Center BC-2, Business Center; VC, Village Center VC-2, Village Center Existing Land Use Vaeant Industrial, EastLake Parkway Olay Lakes Road, Von's commercial center Vaeant, EastLake Parkway Vacant The applicant is requesting the approval of the Conditional Use Permit for the following uses within the 1.22-acre site (see Figure 2): 1) A 24-hour gas station with four individual 4-pump fuel-dispensing islands under a 3,876- square foot 4'/2-foot tall flat canopy with a 16'/2-foot clearance. The gas station islands have been designed perpendicular to the adjacent shopping center internal drive, with pass through lanes to facilitate safe vehicular circulation. It is anticipated that the gas station will dispense an average of 250,000 gallons per month. 2) A 3,276-square foot, 24-hour food mart with alcohol sales of beer and wine for off-site consumption from 8 :00 a.m. to 11 :00 p.m. Twenty parking spaces are provided for customers visiting the food mart only. It is anticipated that 15-20 employees will be onsite from 8:00 a.m. to 6:00 p.m. (including the carwash and lube service operations), and 1-2 employees from 6:00 3-.:( Page No.3, Item: -3 MeetinR Date: 3/26/03 p.m. to 8:00 a.m. working the food mart cash register (when the carwash and lube service are not operating). 3) A Lube service (daytime use), seven days a week operation from 7:30 a.m. to 6:30 p.m. The 1,291 square foot lube service area is within an enclosed building connected to an office and the carwash. There are four bays to accommodate the lube service operation. The high-volume lube service facilities perform on average approximately 35 oil changes per day, out of two to three bays. There will be approximately 4-5 employees operating 1 Y, shifts rrom 8:00 a.m. to 6:00 p.m. The building is situated south of the gas station canopy and away from the main circulation. 4) A full service carwash (daytime use), seven days a week operation from 7:30 a.m. to 6:30 p.m. The 2,084 square foot full service carwash is located at the southernmost portion ofthe site with the staging and vacuuming areas at opposite ends to facilitate quicker entry for cars into the carwash. The staging area can accommodate approximately 8-10 cars, which will reduce potential stacking problems. Although the carwash could potentially create a large volume of water, the carwash operations will recycle over 95% ofthe water, and the cars will be dried with an auto and manual air system so that very little or no water will leave the site. The facility can perform an average of 52 car washes per hour; the applicant does not anticipate more than 4S cars per hour, based on three other high-volume car wash facilities in San Diego. There will be approximately 12-15 employees working at 11/2 shifts, from 8:00 a.m. to 6:00 p.m. ANALYSIS: In accordance with Section III of the EastLake II SPA Plan - PC District Regulations, a Conditional Use Permit (CUP) is required for 24-hour automobile gas station and food mart with sales of beer and wine, carwash, and lube service. Section III of the EastLake II PC District Regulations does not prescribe regulations dealing with the proposed uses, hours of operation or alcohol sales; therefore, staff has deferred to the City ofChula Vista Municipal Code (CVMC) for clarification and direction. The gas station and lube service will be discussed together; the full service carwash; hours of operation for the 24-hour gas station and food mart; and sale and consumption of alcohol will be discussed independently in the following paragraphs. Gas station and Lube Service The EastLake II SPA Plan requires a CUP [or gasoline stations, in accordance with the provisions of Section 19.58.280 ofthe CVMC. The lube service is considered as "Minor automobile maintenance and repair" in accordance with provisions of Section 19.04.022 of the CVMC, and would be allowed as an associated use with the gas station. The following sets forth requirements for the gas station and lube service: 3-3 Page No.4, Item: -3 Meeting Date: 3/26/03 a. They are clearly required by public convenience; The proposed gas station is conveniently located at the intersection of Fen ton Street and EastLake Parkway, and is intended to serve EastLake and other surrounding master planned communities. The nearest gas station is located approximately 1,430 feet from the subject site (see Figure 3). There is no minimum distance separation required by State law for gas station location. However, the EastLake Company entered into a contractual agreement with the existing gas station on Otay Lakes Road that future gas stations would have to be located at a minimum of 1,000 feet from this gas station. The nearest gas station(s), other than the Mobil station on Otay Lakes Road, is located near Southwestern College (see Figure 3). Otay Lakes Road is a major Arterial Road serving the majority ofthe EastLake and other Eastern Chula Vista communities. Freeway SR-125 is planned with on and off-ramps to Otay Lakes Road. The proposed gasoline station along EastLake Parkway will provide additional necessary and convenient services to residents in the area as well as SR-125 motorists. The nearest lube service is located at the gas station on East H Street and Otay Lakes Road, near Southwestern College, approximately 1.5-2 miles to the west (see Figure 4). The next nearest is located nearly 3 miles west on East H Street, in the Rancho Del Rey Costco center. The proposed lube service along EastLake Parkway will provide additional necessary and convenient services to residents in the area as well as motorists in general. The proposed location will provide a convenient opportunity for customers ofthe commercial center to utilize the services provided by the gas station and lube service facility. Because they are located on the same site, customers will be able to minimize vehicle trips by allowing their vehicle to be serviced at the same time as they visit the surrounding commercial and/or business center. b. They will not cause traffic hazards or undue congestion; As part ofthe MND prepared for the EastLake Village Center North project, a traffic analysis was prepared that analyzed the traffic impacts of a regional shopping center, which includes the gas station and associated uses. The traffic analysis addressed direct and cumulative traffic and circulation impacts, and all impacts were mitigated to below a level of significance. Thus, the gas station and lube service will not cause traffic hazards or undue congestion from off-site circulation. The gas station entrance is from an internal parking facility with no direct access to public roads. Because the circulation is internal to the commercial center, there are no potential conflicts between patrons utilizing the gas station and lube service with EastLake Parkway. The project has been conditioned to ensure that vehicles entering and leaving the facility will not backup into the adjacent ~-L/ Page No.5, Item: .$ Meeting Date: 3/26/03 internal drive or commercial center entrance to the north, and all parking related to the lube service facility must occur on-site. The parking required for the gas station, food mart, lube service and carwash operations is 37 spaces, which includes patrons and employees; the applicant is providing 20 spaces, which will be reserved for customers. The applicant has indicated that the employees are encouraged to carpool to work, and will not be allowed to park within the 20 parking spaces reserved for customers. Employees and customers are allowed to park in the commercial center parking areas. The commercial center developer has executed a shared parking agreement for all tenants ofthe center (which includes the employees and customers of the gas station, food mart, lube service and carwash) to ensure that adequate parking is provided for all patrons of the center (see Attachment 2). c. They should be located only on property abutting the intersection of major or collector streets or combination thereof or within shopping centers as part of an approved site plan, except that they shall be limited to the periphery of the central business area. They may be located on an interior lot if they do not disrupt the continuity of retail store frontage for pedestrians; The proposed gas station and lube service is located abutting EastLake Parkway, which is classified as a 4-Lane Major Street. It is a freestanding building and site located at the periphery of a larger commercial center, and does not disrupt the continuity of retail store frontage for pedestrians. d. They will not be a nuisance to residences or other surrounding uses; The gas station is a 24-hour use and the lube service will only operate during daytime hours (7:30 a.m. to 6:30 p.m.). A noise study was prepared as part of the MND for the EastLake Village Center North project. The noise study determined that there would be no significant noise impacts to sensitive land uses rrom the proposed project. The nearest residential land use is located over 950 feet to the southeast. The existing church property is located approximately 700 feet to the southeast. The food mart and gas station canopy have been designed to match the commercial center design, color and finish treatment; resulting in a well integrated component ofthe overall commercial center complex. The building design and complementary landscaping program will contribute significantly to the attractive image of the EastLake II Planned Community. Also, the 24-hour operation ofthe gas station will provide additional security within the commercial center. e. The site shall be landscaped in accordance with the landscape manual of the city except that a 6- foot minimum planter area in front of the pump islands and not closer than three feet to any driveway shall be required. The pump islands shall be located no closer than J 2 feet from the planter; A 6-foot and 9-foot planter is proposed at either side of the gas station entry, adjacent to the commercial center internal drive. The planter at the north side of the entry is 26 feet rrom the edge of 3-S- Page No.6, Item: 3 Meeting Date: 3/26/03 the northwesterly pump island, and the planter at the south side ofthe entry is 42 feet from the edge of the southwesterly pump island. A condition has been added that planters be provided at each end ofthe pump islands. f All items offered for sale on the site shall be items normally incidental to service station business except accessory uses as provided herein; The CUP shall allow only merchandise normally incidental to a gas station business and accessory uses as prescribed within Section III of the EastLake 11 SPA Plan. Full Service Carwash The proposed gasoline station, lube service, mini-mart, and carwash will provide a necessary and convenient service for residents of the surrounding EastLake and Otay Ranch residential communities and passerby motorists in an area where gasoline and automobile lube services are limited to one station within a 1.5-2 mile radius. The nearest full carwash facility is located approximately 6- 7 miles to the west. Section 19.58.060 of the Municipal Code sets forth the following requirements for automobile carwash facilities: a. All equipment usedfor the facility shall be soundproofed so that any noise emanating therefrom, as measured from any point on adjacent property, shall be no more audible than the noise emanating from the normal street traffic at a comparable distance. The carwash is located at the east boundary of the commercial center, adjacent to EastLake Parkway, which is a major thoroughfare within the EastLake 11 planned community. The nearest residential development is located over 950 feet southeast of the carwash. According to the noise analysis, conducted as part of the MND, noise generated by carwashes can result in a I-hour average sound level of approximately 62 dB at 100 feet from the open end of the carwash tunnel. The carwash manufacturer's sound data indicates that the proposed blower for the carwash would generate a maximum sound level of 67 dB at a distance of 55 feet. Due to the distance from the noise source to the closest residential area (approximately 950 feet to the southeast), noise will dissipate to an acceptable level of39 dB or less. The I-hour average noise level at a nearby church (approximately 700 feet to the southeast) would be 41 dB or less. These noise levels would comply with the City's noise ordinance criteria. In addition, the applicant will also install a Noise Reduction Package (NRP) within the drying units to further reduce noise, which is included in the conditions of approval. b. Hours of opera/ion shall be from 7;00 a.m. to 11:00 p.m., unless specifically approved by the planning commission. g-fF Page No.7, Item: .3 Meeting Date: 3/26/03 The proposed hours of operation for the carwash and lube service are from 7:30 a.m. to 6:30 p.m., and the sales of beer and wine within the food mart are from 8:00 a.m. to II :00 p.m. c. Vacuumingfacilities shall be located to discourage the stacking of vehicles entering the carwash area and causing traffic congestion adjacent to any areas used for ingress or egress. The proposed full service carwash will have attendants performing vacuuming duties, which could interfere with traffic flow and stacking. However, the vacuum area is located to the east, opposite the carwash entry as part of the full service operations. The carwash provides a six to eight car- stacking staging area at the entrance to check in customers. The CUP conditions require that cars entering the carwash shall not encroach within the gas station main drive aisle and impede traffic flow. The flow of traffic shall be in a counter clockwise direction to avoid stacking into the circulation route. Thus, operation of the carwash will not result in significant stacking of vehicles. A sign is required to be posted designating the "entrance" and "exit" of the carwash to facilitate safe circulation. Another condition requires that signs be posted at either side of the carwash and gas station entrance stating that no cars are allowed to encroach on or impede traffic flow at the adjacent commercial center internal drive. To ensure that the proposed carwash operation performs in an acceptable manner, staff recommends a monitoring program to evaluate the activities at 6, 12 and 18 months after the business begins operation. If stacking problems are found during this period, mitigation measures may be applied and could include, but are not limited to, price increases to reduce clientele, or other measures. However, based on the applicant's experience of operating three other similar carwash facilities, staff has been assured that the internal circulation is functional and that the stacking area is adequate to accommodate the number of vehicles expected by the applicant. As mentioned above, it is anticipated that the facility will employ between 15-20 employees between the hours of8:00 a.m. and 6:00 p.m. The number of employees may result in parking conflicts with patrons utilizing the facility. The commercial center developer has executed a shared parking agreement for all tenants ofthe center, which includes the carwash, to ensure that adequate parking is provided for all patrons of the center (see Attachment 2). d. The carwash location, technology and related drainage facilities shall be designed and constructed so as to prevent damage to pavement or other infrastructure from water from the carwash operation being carried off-site to provide a means to collect and retain potentiaJ/y toxic material, and to use recycled water to the extent possible. The carwash could potentially create a large volume of water run-off into the sewer system. Accordingly, the carwash location, technology, and related drainage facilities shall be designed and constructed so as to prevent damage to pavement or other in/Tastructure /Tom water /Torn the carwash ..3'- ? Page No.8, Item: 3 Meeting Date: 3/26/03 operation being carried off-site, to provide a means to colJect and retain potentialJy toxic material, and to use recycled water to the extent possible. The facility is designed to recycle 95% ofthe water on-site. The applicant has been conditioned to meet the requirements of the National Pollutant Discharge Elimination System (NPDES) and the City's Storm Water requirements. To prevent runoff, manual and automatic air blowers shall be a standard carwash feature used on every vehicle at the carwash exit. Additional runoff from the proposed site will be directed to the adjoining Public Street or other drainage facilities as determined by the City Engineer. The applicant has been conditioned, that prior to the issuance of building permits, the applicant shall enter into an agreement with the City, acceptable to the City Attorney, to repair any water damage to public improvements resulting from the operation of the carwash. Hours ofOoeration 24-hour Gas Station and Food mart The CVMC does not stipulate specific hours of operation for a gas station. The applicant requests authorization for 24-hour operations for gasoline sales only. The request is based on economics as well as security and convenience to the customers served by the gas station. The gas station is located along EastLake Parkway, a 4-lane Major Street, the EastLake Business Center to the east, and the nearest residence is located over 950 feet to the southeast. It is in the opinion of the staffthat 24-hour gas stations are more appropriately sited near major highways and thoroughfares that cater to travelers, such as the gas stations at the intersection of Telegraph Canyon and 1-805. The proposed 24-hour gas station is located near the interchange of future SR-125 and Otay Lakes Road rreeway interchange, and is intended to provide fueling services to residents ofthe surrounding areas and commuters. The gas station site is near future freeway SR-125 and will serve residents leaving early to go to work or the business center staff working night shifts. In addition, the 24-hour operation wilJ provide additional security within the commercial center. The gas station is located approximately 6 feet below EastLake Parkway, and will be screened by the food mart and landscaping at the perimeter. A lighting plan submitted to the City reveals virtually no glare at the perimeter of EastLake Parkway. As discussed previously, the nearest gas station is approximately 1.5-2 miles to the west; and no gas stations are planned within the Otay Ranch Planned Community to the west. Thus, staff recommends that the gas station hours of operation be allowed to operate on a 24-hour basis. Food Mart Sale and Consumption of Alcohol . Section 19.34.030 (h) of the Chula Vista Municipal Code (CVMC) requires a Conditional Use Permit for establishments that sell alcoholic beverages for off-site use or consumption. 8-<;! Page No.9, Item: .3 Meeting Date: 3/26/03 The above section of the Municipal Code refers to procedures within Section 19.14.030 of the CVMC for Conditional Use Permits that require a type of alcoholic beverage license by the State Alcohol Beverage Control (ABC). Section 19.14.030 states that, "A conditional use permit shall not be granted unless the zoning administrator or other issuing authority finds in his or her sole discretion, and based on substantial evidence in view of the entire record, that all of the facts required by CVMC 19.14.080 exist, and that the approval of the permit will not result in an over- concentration of such facilities. " The EastLake II SPA Plan does not stipulate criteria or policies governing the sales and off-site consumption of alcohol. Sales of alcohol currently require that the applicant obtain a liquor license from the State Alcohol Beverage Control (ABC) agency. The State forwards the application to the local police department for review and comments. The State has a formula based on census tract information as to what the "recommended" limit ofliquor licenses should be within the census tract; and the decision to exceed the limit ultimately lies with the City's Chief of Police. A Public Convenience or Necessity (PC&N) form from the ABC must be completed and signed offby the Police Department prior to issuance of a liquor license. The Police Department also requires a 500- foot radius public notification, followed by a public hearing to allow public input. Any protest or additional calls for service within the area are considered in the Police Department's completion and sign off ofthe PC&N. The applicant must first obtain a PC&N from the CVPD and then a license from the ABC before a business license can be issued for this component of the retail operations. If the Police Department does not sign offthe PC&N and return it to the ABC, a liquor license will not be issued. From the land use perspective, it is customary for food marts to have beer and wine sales. The food mart with sale of beer and wine is consistent with the types of food marts that are associated with a gas station found within a typical large commercial center, such as the EastLake Village Marketplace. The food mart with sales of beer and wine provides a desirable service to the patrons of the immediate gas station, lube service and car wash, existing business community, nearby residents and the genera] public. The sale of alcohol at the food mart is limited to the hours from 8:00 a.m. to II :00 p.m. daily, which is consistent with the City of Chula Vista Municipal Code for hours of operation within a Neighborhood Commercial (CN) zone, set at 7:00 a.m. to II :00 p.m. Should the Chula Vista Police Department approves a liquor license for the food mart, staff recommends the following conditions: 1) that no floor displays of beer or wine shall be allowed, 2) that beer shall not be sold in quantities ofless than a six pack, no singles; and that wine shall not be sold in bottles or containers smaller than 750 milliliters and wine coolers shall not be sold in units of less than a four pack, 3) Alcohol sales shall be permitted only between the hours of 8:00 a.m. and II :00 p.m., 4) locks shall be installed and maintained on cooler doors where alcohol will be displayed between 11 :00 p.m. and 8:00 a.m., and 5) that the applicant shall comply with the State Liquor Laws and City ordinances pertaining to the sale and consumption of alcoholic beverages. $-'7 Page No. 10, Item: ..? Meeting Date: 3/26/03 Staff recommends that the sale of beer and wine be approved for the food mart, subject to approval of a liquor license by the ABC; and additional conditions fTom the CVPD listed in the attached Planning Commission Resolution. CONCLUSION For the reasons mentioned above, staff recommends approval ofthe project subject to the conditions contained in the attached Planning Commission Resolution. Attachments 1. Locator Map 2. Parking Agreement 3. Planning Commisslon Resolution 4. Ownership Disclosure Form Fillures 1. Site Plan- EastLake Village Marketplace commercial center 2. Site Plan- Project 3. Gas Station radius map 4. Lube service radius map J:\Planning\StanD\Eastlake\Vil1age Center North\Chevron CUP pee 03-41 \pee 03-4 I CUP Agenda 26 Mar. OJ.doc .5 - /c? FUTURE MULTI-FAMILY HOUSING UNITED PARCEL SERVICES VACANT CHULA VISTA COMMUNITY PARK EASTLAKE HIGH SCHOOL C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C9 APPLICANT: EASTLAKE PETROLEUM CONDITIONAL USE PERMIT :g~~~1 818 EASTLAKE PARKWAY Request: Proposal to construct a new gas station,foodmart SCALE: FILE NUMBER: and carwash at the Eastlake Village Marketplace. NORTH No Scale PCC-03-41 Related Case(s): DRC-03-30 C:IDAIFILEllocatorslpcc0341.cdr 11.21.02 $-// N 9 ATTACHMENT 2 JAN 2 I 2003 SH45errv Prlll!ertics, IHC. VIA REGULAR MAIL 5465 MorehOuse1JfiVe;-suite'260 . San Diego, CA 92121-4714 Phone: 858/546-3000 Fax: 858/546-3009 www.SudberryProperties.com January 16, 2003 Mr. Stan Dorm CITY OF CHULA VISTA 276 4th Ave. Chula Vista, CA 91910 RE: EASTLAKE VILLAGE MARKETPLACE PARKING Dear Stan: The owners of the shopping center property, Lowe's HIW, Target Corporation, and Eastlake Village Marketplace, LLC, executed a document titled "Operating and Easement Agreement" that was recorded in the Office of the Recorder of San Diego County on October 9, 2002. This agreement binds every owner and tenant of the shopping center to a certain set of rules and regulations, including parking. This document has been reviewed and approved by the City of Chula Vista's City Manager and City Attorney. This document specifically allows cross parking for all parcels in the center. No parcel, including the service station parcel, is required to keep its customers and employees from parking on other parcels in the center. Stan, please call me if you need any more information regarding this. Sincerely, SUDBERRY PROPERTIES, me. ~ Colton T. Sudberry Vice President CS:pw Donn 1-16-03.doc ENERGY. INTEGRITY. RESULTS 3-/~ fHW,UE 99042\CMl AllID(AS -2\SJlE-I2DWC DESIGNS PlANS PLOT DATE ~/IJ/O AtlDSPEClrlCAIIQNSANDOI 2 PLOTSCAl.E 11 HERPROJ[CIOO CUI,I[NTSINCLUDlNCALL oaCUJ.l[NTSON El[CTRONIC l.I(OtA > _ ME T", PROPEROOf . -, '" ~- - ~~ >m z'"' z ~ . ~c:: C>~ r a~~~"" ~~~~~ ~~.2:'>~ ~ ~9 S; &.b~ ~ ~~~ 2 ;;;! to 0 .,. f.' 2 ~ " ~~! l-n i' .:.~i >F'[ 8f~ < 0 ' .nf. O(H ~>-: " ! ~~~ -=< m ~ ~g~ Ffi~ >- ~, ;;a",-' " - . = 8 ~ V) n~ I~ ~~ ~$ V'it--- -it--- )>~ ~Q r a~ ~~ z >~ ~ r--o- ~ Q ~ ~"'" _~[f~ ~~i ~ ~ ~~~~ ~ ~ ~i ~ !:i!O~ j.~ \. ~.ii' ~ ~ ~~ "'~ 8~ ~. ~ L - -" '" ~ ~ ... L ~E9 z 'Jf _" i:;I [ .1( l~;~.q!> Un,l 11"_1 iI'~ ji' !""i!;"'i. till; t'~ii !Hlo , "'2"i' lhr i ~f~ I 2..-.. ~"..... <sii' ~.H! fJ~JiI s.;;-ala 'J ~l~ 0 "j.'. <:,:_" ;0 i ~ 7" . 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"<t <( ,,0.. ,,- "':: d €I oj 0 ATTACHMENT 3 RESOLUTION NO. PCC 03-41 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT AND OPERATE A 24-HOUR GAS STATION AND FOOD MART, WITH SALES OF BEER AND WINE, A FULL SERVICE CARW ASH, AND AUTOMOBILE LUBE SERVICE WITHIN THE EASTLAKE VILLAGE MARKETPLACE LOCATED AT THE INTERSECTION OF EASTLAKE P ARKW A Y AND OT A Y LAKES ROAD. - EASTLAKE PETROLEUM. WHEREAS, on November 1,2002 a duly verified application for a Conditional Use Permit was filed with the City of Chula Vista Planning and Building Department by EastLake Petroleum; and, WHEREAS, said application requests approval of a Conditional Use Permit to construct and operate a 24-hour gas station and food mart with sales of beer and wine, a full service carwash, and automobile lube service on building Pad #5 within the EastLake Village Marketplace located at the intersection of EastLake Parkway and Otay Lakes Road ("Project"); and, WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented in Exhibit "A" and commonly known as building Pad #5 of the EastLake Village Marketplace and for the purpose of general description herein consists of approximately 1.22 acres, located at the northeast comer of the commercial center, adjacent to intersection of Fen ton Street and EastLake Parkway (project site); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the request for Conditional Use Permit and has determined that it is in substantial conformance with the Mitigated Negative Declaration for the EastLake Village Center North project (IS-OI-042), and other related environmental documents. The proposed 24-hour gas station and food mart, automobile lube service and car wash will not result in any new environmental effects that were not previously identified, nor would the proposal result in a substantial increase in any impacts previously identified, and therefore no further environmental review is necessary; and, WHEREAS, the Planning Director set the time and place for a hearing on said Conditional Use Permit application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners 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 held at the time and place as advertised, namely March 26, 2003 at 6:00 p.rn. in the Council Chambers, 276 Fourth Avenue, before the Planrring Commission and said hearing was thereafter closed; and, 3-/7 .__... _...~~,,__ m__._..,._..__,,_________..___~______.___.,.__.._.~ Resolution PCC-03-41 Page 2 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 FINDS AS FOLLOWS: 1. That the proposed use at this 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. 24-hour Gas Station and Food mart with Alcohol Sales. Lube Service and Full Service Carwash The proposed gasoline station, lube service, mini-mart, and carwash will provide a necessary and convenient service for residents of the surrounding EastLake and Otay Ranch residential communities and passerby motorists in an area where gasoline and automobile lube services are limited to one station within a 1.5-2 mile radius. The nearest full carwash facility is located approximately 6-7 miles to the west. 2. That such use will not, under the circumstances ofthe 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. Food marts typically sell beer, wine and liquor and from the land use perspective it is a desirable service for residents in the area. The applicant must obtain a license rrom the State ABC before a business license can be issued for this component. At this time the Police Department is recommending that the applicant apply for the ABC license and expects approval for the food mart with appropriate conditions. The proposed use, as conditioned, will not adversely affect on- or off-site circulation, and potential visual impacts are being minimized through increased landscape buffering. Potential water damage to public improvements from the carwash is being minimized through the use of auto and manual air blowers to facilitate drying. The sale of alcohol is limited to beer and wine and allowed only between the hours of 8:00 a.m. to II :00 p.m. Therefore, the use will not be detrimental to persons residing or working in the vicinity or injurious to property or improvements in the vicinity. 3. That the use will comply with the regulations and conditions specified in the code for such use. The facility is required to comply with the regulations of the Municipal Code, and ifthe uses fail to comply with the conditions or the Municipal Code, this Conditional Use Permit is subject to modification or revocation. The Planning Commission does hereby find that the conditions herein imposed on the grant of permit or other entitlement herein contained are d-/if Resolution PCC-03-41 Page 3 approximately proportional both in nature and extent to the impact created by the proposed development. 4. That the granting of the Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any governmental agency. The General Plan does not specifically address specific land uses such as sale of alcohol, 24- hour operations, etc., and therefore the proposed land uses are consistent with the General Plan land use element and the EastLake II SPA Plan under this CUP. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION IN LIGHT OF THE FINDINGS ABOVE, hereby grants approval of the Conditional Use Permit subject to the following conditions: CONDITIONS SPECIFIC TO THE FOOD MART I. Obtain liquor license from the State's ABC and comply with the State and City ordinances pertaining to the sale and consumption of alcoholic beverages. 2. No floor displays of beer or wine shall be allowed. Locks shall be installed and maintained on cooler doors where alcohol will be displayed. Coolers and other display areas holding alcohol shall be locked between the hours of 11 :00 p.m. to 8:00 a.m. 3. Wine shall not be sold in bottles or containers smaller than 750 milliliters and wine coolers shall not be sold in units of less than a four pack. 4. Beer shall not be sold in quantities ofless than a six-pack. No single bottles of beer may be sold. 5. Hours of operation for the sale of beer and wine within the food mart shall be limited to 8:00 a.m. to II :00 p.m. 6. There shall be no video games associated with or a part of the operation. 7. There shall be no advertising or promotional signs for beer and wine visible rrom the exterior of the store. 8. Any outside pay phone shall be incapable ofreceiving incoming calls. Should such a pay phone attract loitering or otherwise be overused by juveniles, it shall be removed at the sole discretion and direction of the Zoning Administrator in consultation with the Police Department. 9. One 2AlOBC fire extinguisher is required for the store/office area. $-/9 Resolution PCC-03-41 Page 4 10. At the discretion of the Police Department, the applicant shall provide a video surveillance security system for the food mart. The camera system, ifrequired by the Police Department, shall be monitored by the food mart staff, be recorded (with time and date stamp). The recorded video shall be kept for a 120-day period should it be needed for an investigation or court hearing. In the event the City determines that security problems exist on the site, the conditions of approval ofthis permit may be amended to require the provision of additional security measures or other additional conditions to mitigate security problems. II. Implement the security recommendation of the Crime Prevention Unit of the Police Department, including access control, surveillance detection, and police response and ongoing training of management and employees in security procedures and crime prevention. Implementation of these recommendations shall coincide with the commencement of operations. 12. The applicant shall contact the Police Department Crime Prevention Unit for a security evaluation ofthc site prior to occupancy. Employee training in emergency procedures shall be conducted to the satisfaction of the Police Department prior to occupancy. 13. The conditional use permit shall be approved for a period of one year following the issuance of a certificate of occupancy, At the end of that time, the permit shall be reviewed to determine whether, in the opinion ofthe City, the sale of alcoholic beverages has exacerbated the problems with minors loitering or drinking in the area or has led to an increase in the number of reported crimes, in which case the permit shall be reconsidered for possible inclusion of additional conditions or for revocation. CONDITIONS SPECIFIC TO THE FULL SERVICE CAR WASH 14. Hours of operation for the carwash shall be limited to 7:30 a.m. to 6:30 p.m. daily unless otherwise specifically approved by the Planning Commission. 15. Water runofffrom the proposed project site will be directed to the adjoining public street or other drainage facilities as determined by the City Engineer. 16. The car wash shall not result in a net increase in water consumption, and the applicant shall participate in the water conservation or fee offset program the City of Chula Vista has in effect at the time of building permit issuance. 17. The car wash location, technology and related drainage facilities shall be designed and constructed so as to prevent damage to pavement or other infrastructure from water from the car wash operation being carried off-site, to provide a means to collect and retain potentially toxic material, and to use recycled water to the extent possible. 3-;?c1 Resolution PCC-03-41 Page 5 18. The applicant and successors in interest shall be responsible for repairing any water damage to public improvements resulting from the operation ofthe car wash. Failure to accept said responsibility shall be cause for this permit to be reviewed by the City for additional conditions or revocation. 19. Prior to the issuance of building permits, the applicant shall enter into an agreement with the City, acceptable to the City Attorney, to repair any water damage to public improvements resulting from the operation of the car wash. 20. Air blowers at the carwash exit for vehicle drying shall be a standard carwash feature used on every vehicle. The Noise Reduction Package (NRP) shall be installed on the dryer unit. Submit vacuum equipment specifications including noise emissions for review and approval by the Director of Planning and Building to ensure that the 60 dBA noise level at the property line will not be exceeded. 21. All equipment used for the facility shall be soundproofed so that any noise emanating therefrom. as measured from any point on adjacent property, shall be no more audible than the noise emanating from the normal street traffic at a comparable distance. 22. The full service carwash staging area shall be designed and constructed with a minimum stacking distance of eight cars without obstructing the gas station main drive aisle and parking circulation system or the adjacent commercial center internal drive. No vacuum services shall be allowed within the staging area. 23. The direction of vehicles shall be in a counter clockwise direction. A sign shall be posted designating the entrance and exit of the carwash. 24. Provide a sign at the carwash entrance, adjacent to the 3y,-foot wall, stating that no cars are allowed to encroach on or impede traffic flow at the adjacent commercial center internal drive. Submit the sign design and location to City for review and approval. 25. An independent consultant shall be retained at applicant's cost to monitor the carwash internal circulation and stacking after 6, 12, and 18 months of commencing operations. Prior to the issuance of building permits, a signed contract, outlining the scope of the monitoring program, shall be submitted to City for review and approval. 26. One 60 BC fire extinguisher is required at each end of the carwash. CONDITIONS SPECIFIC TO THE GAS STATION 27. The applicant shall obtain a permit from the Fire Department for the installation or removal of underground tanks and for related piping and dispenser installation. $-,;(/ Resolution PCC-03-41 Page 6 28. Obtain a permit from the Fire Department for dispensing of flammable liquids. 29. Submit complete and separate plans for the hood suppression system to the Fire Department for approval. 30. The site shall be landscaped in accordance with the landscape manual ofthe city except that a six-foot minimum planter area in rront of the pump islands and not closer than three feet to any driveway shall be required. The pump islands shall be located no closer than twelve feet from the planter. Planters shall be provided at each end of the pump islands. 31. Fire hydrants together with an adequate water supply shall be installed at locations approved by the Fire Marshal. One 60BC fire extinguisher is required for the pump islands, and one 2A I OBC fire extinguisher is required for the store/office area. CONDITIONS SPECIFIC TO THE AUTOMOBILE LUBE SERVICE 32. Hours of operation for the lube service shall be limited to 7:30 a.m. to 6:30 p.m. daily. 33. All parking related to the lube service facility must occur on-site. No vehicles exiting the facility shall be parked in such a way as to block vehicular driveway access. GENERAL CONDlTIONS APPLICABLE TO ALL USES 34. Implement or cause the implementation of all mitigation measures pertaining to the Project identified in the Mitigation Monitoring and Reporting Program (MMRP) of adopted Mitigated Negative Declaration IS-OI-042. Mitigation measures not listed as specific conditions ofthis Resolution or by the project design are incorporated by reference and shall be implemented to the satisfaction of the Environmental Review Coordinator. 35. Implement the security recommendation of the Crime Prevention Unit of the Police Department, including access control, surveillance detection, and police response, and ongoing training of management and employees in security procedures and crime prevention. Implementation of these recommendations shall coincide with the commencement of operations. 36. The business operation within this CUP shall not exceed a noise level of60 dBA from the property line as required by Section 19.68.030 of the Chula Vista Municipal Code as the regulations now exist or hereafter is amended; and is prescribed within the Mitigated Negative Declaration IS-OI-42. 37. Pay prior to, or in conjunction with the issuance of each building permit, the Traffic Signal Fee based on the corresponding traffic generation increase; sewer capacities and connection fees, development impact fees, school fees and all other applicable development impact fees. d-,;?~ .----......----...- ._--- _.__._....~_...._-- Resolution PCC-03-41 Page 7 38. Obtain building and additional permits for on-site masonry walls, lighting, signage, and accessory buildings. 39. Provide sufficient space for designated "recyclables" and ensure that provisions are made to meet the minimum 50% recycling requirement to the satisfaction of the Recycling Coordinator for the City of Chula Vista. 40. The applicant and/or its successors in interest will be responsible for the installation and maintenance ofthe landscape material and irrigation system for the entire commercial site including landscaping between the Project's property line and the inside end of public sidewalks. 41. Prior to approval of any grading, construction, and building permits for the Project, the Developer shall demonstrate to the satisfaction of the Director of Engineering compliance with all ofthe applicable provisions ofthe Storm Water Management and Discharge Control Ordinance (Chapter 14.20 of the Chula Vista Municipal Code), the Development and Redevelopment Project Storm Water Management Standard Requirements Manual (approved by Council Resolution #2002-475), and the City ofChula Vista's Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria. The Developer shall incorporate into the project planning and design effective permanent BMP's to the Maximum Extent Practicable (MEP), and provide all necessary studies and reports demonstrating compliance with the applicable regulations and standards. 42. Comply with all the provisions of the NPDES Permit during and after all phases of the development process, including, but not limited to, grading, and construction of buildings, street and landscaping improvements. The Developer shall incorporate in the project design water quality and watershed protection principal and post construction Best Management Practices (BMPs) selected for the project, in compliance with the NPDES Permit, to the satisfaction of the City Engineer. 43. Obtain the approval of a maintenance program for the proposed post construction BMPs. The maintenance program shall include but not be limited to: I) a manual describing the maintenance activities of said facilities, 2) an estimate of cost of such maintenance activities, and 3) a funding mechanism for financing the maintenance program. In addition, developer shall enter into a Maintenance Agreement with the City or any other maintenance mechanism, as determined by and upon the request of the City Engineer, to ensure the maintenance and operation of said facilities. 44. Comply with all applicable regulations established by the United States Environmental Protection Agency (USEP A), as set forth in the National Pollutant Discharge Elimination System (NPDES), permit requirements for urban runoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City ofChula Vista, pursuant to the NPDES .3-/$. Resolution PCC-03-4l Page 8 regulations or requirements. Further, the Developer shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. 45. Comply with all City ordinances, standards, and policies except as otherwise provided in this Resolution. Any violation of City ordinances, standards, and policies, or any condition of approval of this Conditional Use Permit, or any provision of the Municipal Code, as determined by the Director of Planning, shall be grounds for revocation or modification of this Conditional Use Permit by the City of Chula Vista. 46. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this resolution to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the grantee and after the City has given to the grantee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive the grantee of a substantial revenue source, which the grantee cannot, in the normal operation of the use permitted, be expected to economically recover. 47. This document shall be recorded, no later than 30 days after approval by the Planning Commission, with the County Clerk ofthe County of San Diego, at the sole expense of the property owner and/or applicant, and a signed stamped copy returned to the Planning Department. Failure to return a signed copy and stamped copy of this recorded document within thirty days of recordation to the Planning and Building Department shall indicate the property Owner's/Applicant's desire that the Project be held in abeyance without approval. This Conditional Use Permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 3-~cI Resolution PCC-03-41 Page 9 PASSED AND APPROVED BY THE PLANNING COMMISSION OF Chula Vista,' CALIFORNIA, this 26th day of March 2003, by the following vote, to-wit: AYES: NOES: ABSENT: ATTEST: Diana Vargas, Secretary Russ Hall, Chairperson J:\Planning\StanD\Eastlake\ Vi1Jage Center North\Chevron CUP pee 03-41 \PCe 03-41 Chevron PC CUP Resolution.doc $ -.;<..5 \ I "'-~>~~~~ I \:::! \ : a: rl i t' II :<(Iibs 1,- \ ~,D..~; \ 1 1 I II " I I I t I ~ I 'it~ ; I I,W 'f- . I I I I I~ I C 1<( td I a::: I...J , 1: :~ i Q) CJ) IE I '<(: I 0 I ,_ Iw i ~ I i Q) I It:) \ Q) ~ -~ Ci5~ I .. ----.- --- -----,.'-' ~ \ \ . T' 1 I, \ ',I ---,----- !' '\i 1_ '" ,\ __LL----'\ Ii ',1 \ .......l\-,\i - -. . - 'i=--'-'-=~~~~=~=-=--'_~='-=~-=_='=~-'~-\r(\ ' - ----.----.., I ~ ~ I -..------- \ ~ ! ... .gn~ ~"'.L~ N .ins I t. I ' ': t J f- = -1 't-} ~! ~: II Ii -~:;'r::: 11 ,lll' '>- ~. . jll',' rc'c:1~1~I+j., i''; 1+;1-1 II 2s ~ II L~:J;J;*TJ~l'-:::Ld:::r:::!=i= "I~L"""'" ) ( """"J' ~":(~~C:::, ?,~"'4- \'\. · tUUuu~irr1 :"~--~~~-~.- ~~~~i ~il ~ ~ ~"""""""'L i.. ~~!I!B1~i~g- g~~~1 :~ f~~. i~~~~~' I i~llc:T t ' I' V80~ I i~~! }. I II HSVM IfV:) U ~1!: f.- II ~ nllk' Y :%' I :~ '[=;~~~---T~~ "9;'? : ~ 1~~~'- t i 'r':;~il ! i i!=l=! ,\J J I I I I I I I I -' it:: -----------.".-----...- .. .. ~---------- ~\;! '!.. ~- ...... - :-::;10P ~Qr.r~a N i EXHIBIT A I I I I '4-~~ ==1, -----l \ -' >- <( 3: -~-- \ II I , Appendix B l. THE CITY OF CHULA VISTA DISCLOSURE STATEMENT c ATTACHMENT 4 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. E~S'TUlkti pcrlC(}L WH L /t-(,vte. E IVC E /CCX./lfi!. IE 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. Ll'rw R.EIJCe- /<,ou/2/c 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? Ves _ No L If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Ves No If yes, state which Councilmember(s): (NOTE: ATTACH ADDITIONAL PAGES AS NECESSAR'jA ___ /'/ (}riHJ CJ~' Signa!iire of~ontractor/applicant //-~. (~ ./ Print or type name of contractor/applicant 4-~7 . Person is defined as: "Any individual, firm, co-ptJf'tnership, joint venture, association, social ciub,[realernal organization. corporation. estate, trust, receiver. syndicate. this and any other county, city and country. city municipality, district. or a/her political subdivision. or any other group or combination acting as a unit. .. Date: /lJ- d '1- PLANNING COMMISSION AGENDA STATEMENT Item: /J Meeting Date: 01/26/0] ITEM TITLED PUBLIC HEARING: Consideration of the following application filed by The Eastlake Company involving 4.4 acres located on the east side of the future EastLake Parkway, north of Olympic Parkway. a. GPA-3-02 amendments to the Chula Vista General Plan Land Use Diagram in order to change the land use designation from Public/Quasi- Public to Medium High Density Residential (11-16 dulac). b. PCM-03-10; amendments to the Eastlake II & ill General Development Plan, EastLake II & ill Sectional Planning Area (SPA) plans and associated regulatory documents to change the land use designation from PQ (Public/Quasi-Public) to MH (Medium High Density Residential) and the Land Use District Designation from CPF (Community Purpose Facility) to MH (Medium High Density Residential). The applicant, The Eastlake Company, has submitted applications to amend the City's General Plan, Eastlake II and EastLake ill General Development Plans (GDP), Eastlake II and ill Sectional Planning Area (SPA) plans and associated regulatory documents to convert 4.4 acres (hereby referred to as ("project site") located on the east side of future EastLake Parkway and north of Olympic Parkway (see Locator) from Public/Quasi-Public to Medium High Density Residential. The Environmental Review Coordinator has reviewed the proposed project for compliance with California Environmental Quality Act and has determined that the project was covered by the Final Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-Zone and Annexation (FSEIR 86-04) and Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program (FSEIR 97-04). The Environmental Revicw Coordinator has determined that only minor technical changes or additions to the documents are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent EIR have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to FSEIR 86-04 and FSEIR 97-04. RECOMMENDATION: Adopt attached Resolution GP A-03-02, PCM 03-10 recommending that the City Council adopt the addendum to FSEIR 86-04 and FSEIR 97-04 and approve the proposed amendments to the General Plan, EastLake II and EastLake ill General Development plans, Eastlake II and ill Sectional Planning Area (SPA) Plans and associated regulatory documents. tj-/ DISCUSSION: Page 2, Item: i!-. Meeting Date: 17""'0"1 1. Existing Site Characteristics The Project Site is a triangular shaped parcel located on the east side of EastLake Parkway and surrounded by the following land uses: Project Site South East West (across EastLake Parkway) North Surrounding Land Uses Chula Vista GDP Land PC District Municipal General Plan Use (Land Use Existing Code Designation Designation District) Land Use PC (Planned Public!Quasi- PQ, Public! CPF, Vacant Community) Public Quasi-Public Community Pmpose Facility PC (Planned Medium High MH RM-25 Vacant Community) Residential (11-18 duJac) (11-18 duJac) PC (Planned Low Medium PQ, CPF, Utility Community) Residential (3-6 Pubic/Quasi- Community Easement duJac) Public Pmpose Facility PC (Planned PQ, Publici Public/Quasi PQ, Pubic! OWD Water Community) Quasi-Public Public Quasi-Public Storage Tank PC (Planned Public/Quasi- Public/Quasi- PQ, Religious Community) Public Public Publici Qnasi- Institution Pnbic The existing grading of the "project site" already reflects the anticipated merger of the "project site" with approximately 1.6 acres rrom the existing Land Swap Residential Parcel to the south. In conjunction with the grading for improvements to EastLake Parkway, this newly created 6 acre level pad contains slopes of three sides. Slopes range rrom up to 22 feet along the south property line, up to 8 feet along EastLake Parkway and up to 18 feet along the east property line. Access to the site is at the southwest comer of the parcel where it is aligned with the westerly adjacent commercial center access drive. The intersection is planned to be signalized to provide right and left turn movements. Lj-/- Page 3, Item: Meeting Date: t/ 'V'iVn'I 2. Project Description Gp.np.r~1 Pl::m Amenc1mp.nt, Amend the Land Use Diagram to change the land use designation of the "project site" from Public Quasi-Public to Medium High Residential (11-18 dulac) (see page 3 of Attachment 4). G"n"ral n"v"lopm"nt Plan (Gnp) Am"nnm"nts EastLake II GDP Change the land use designation from PQ, Public/Quasi-Public, to MH, Multi-Family Residential Medium High (11-18 dulac) (see pages 5 & 6 of Attachment 4). ModifY the Land Use statistics table to reflect the conversion of 4.4 acres from Public/ Quasi-Public to Residential Medium-High (11-18 du/ac) (see page7 of Attachment 4). Modify Section 1.1.11.3, Community Purpose Facilities Master Plan to reflect the reduction of 4.4 acres and eliminate the site as a potential Community Purpose Facility Site (see pages 9-11 of Attachment 4). EastLake III Modify Section 1.1.11.3, Community Purpose Facilities Master Plan to reflect the reduction of 4.4 acres and eliminate the site as potential Community Purpose Facility site (see pages 14-16 of Attachment 4). SPA Plan Am"nnm"nts Eastlake II SPA Merge the southern 4.4 acres of the GDP-2 parcel with the 65-acre southerly adjacent GR-9 parcel, decreasing GPQ-2 from 15.8 acres to 11.4 acres and increase parcel GR-9 from 65 to 69.4 acres. The number of permitted dwelling units for Parcel GR-9 will remain the same (750 units) {as shown on the Site Utilization Plan, see pages 18 &19 of Attachment 4} . Change the EastLake II Planned Community District Regulations Land Use Districts Map rrom CPF, Community Purpose Facility to RM-25, Residential Multi-Family (see pages 30 &31 of Attachment 4). tj- d~ Page 4, Item: Meeting Date: ~ 'V"f\l0'I Modify Section II.2.7.13 (EastLake Trails Neighborhood Plan), Community Purpose Facilities Master Plan to reflect the reduction of 4.4 acres and eliminate the site as a potential Community Purpose Facility site. EastLake III SPA Modify Section 11.2.7.13, Community Purpose Facilities Master Plan, to reflect the reduction of 4.4 acres and the eliminate the site as potential Community Purpose Facility site. ANALYSIS 1. General Plan Amendment The Project Site is located immediately adjacent to an existing multi-family residential site with a density range of 11-18 du's per acre. The proposed land use change, which is primarily to adjust the excess acreage designated for Community Purpose Facilities in EastLake, as discussed more fully below, is an extension of the existing multi-family site to the south and properly located in close proximity to schools, parks, commercial centers and local and regional transportation corridors. Thus, the proposed land use change is consistent with the housing goals and objectives described in the Housing Element of the General Plan. 2. General Development Plan/SPA Amendments As indicated above, the conversion of the Project Site to residential reflects EastLake's desire to reduce the excess CPF acreage provided for the EastLake Greens, Trails and EastLake III. Since the site is annexed to the southerly adjacent multi-family parcel, the result is a larger multi-family site without increasing the adopted number of permitted dwelling units (750 units). As illustrated in the adopted and proposed GDP (GR-9), the site is separated from the easterly residential area (Greens single-family detached) by a 200-foot wide utility easement, and properly located near future schools, shops and transportation facilities. T ~nt1 TT~p. J)l"tric:t The Municipal Code requires that the developer set aside 1.39 acres of community purpose facility (CPF) designated land per 1000 persons. Based upon the projected buildout population of the Community Purpose Facility Master Plan area (Greens, Trails and EastLake III), reflected in the projected number of dwelling units as shown in the Table below, the developer would be required to provide 26.1 acres. The currently designated area amounts to 31.1 acres on four different sites (see page 10 of Attachment Lj-~ Page 5, Item: Meeting Date: L/ "11'6/01 4). Thus, the CPF Master Plan contains an excess of 4.4 acres. Therefore, the change in designation of the "project site" from CFP to RM is consistent with the City's Community Purpose Facility Ordinance. Community Purpose Facility Acres for EastLake EastLake II GDP* EastLake II EastLake III Greens Neigh** GDP* (adopted GDP) Total Trails Nei!!h. Dwellin!! Units 3443 I 143 2061 6647 CPF acldu 0.004003 0.004003 0.004003 -- CPF Reauired (ac) 13.8 4.6 8.3 26.7 CPF Provided (ac) T5i!11.4 4.6 10.8 3+.+26.7 * EastLake I SPA (North o/Otay Lakes Road) is excluded/rom this table. * * Includes proposed Land Swap amendment. The CPF Master Plan was adopted to allow the developer the flexibility to distribute CPF designated land among the different neighborhoods within the adopted Master Plan. For this reason, the Greens neighborhood appears to have less land than required. However, the shortage is balanced with the excess shown for the Eastlake III GDP. CONCLUSION For the reasons stated above, staff recommends adoption of the Resolution recommending that the City Council adopt the Addendum and the land use amendments. AH:H,:l1mf':nt.. 1 Draft Planning Commission Resolutions 2. Draft City Council Resolutions and Ordinance 3. Figures 4. Amendment Pages 5. Addendum 6. Disclosure Statement L/ - ~- OTAY RANCH VILLAGE SIX " I /I /I /I /If/> /1;111 /I. /I... /IN /I en /I /I 1/ /I I I ! I I I I I I I OTAY RANCH VILLAGE ELEVEN C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C9 APPUCANT: THE EASTlAKE COMPANY, LLC AMENDMENTS North of Ofyrrric Parkway, East of the future PROJECT ~ment of astlake Pa~. West or the Request The proposed amendment to the General Plan, ADDRESS- EJCWA Easement, in the southern portion . of the Eastlake Greens Communily_ EastJake II GDPfSPA 10 change land use designation of 4.4 acres SCAlE: ALE NUMBER: from PubDc Quasl-PubllclCPP to Medium High residential (11-16 dufac). NORTH No Scale PCM-03-10 Related c8~s1: PCS-03-04 IS-03-009 GPA-03-02. ij'-~ ATTACHMENT 1 Planning Commission Resolution q/- / RESOLUTION NO GPA-03-02/PCM-03-1O RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDMENTS TO THE GENERAL PLAN LAND USE DIAGRAM, EASTLAKE II AND III GENERAL DEVELOPMENT PLANS, EASTLAKE II AND III SECTIONAL PLANNING AREA (SPA) PLANS AND ASSOCIATED REGULATORY DOCUMENTS - THE EASTLAKE COMPANY WHEREAS, duly verified applications were filed with the City of Chula Vista Planning and Building Department on October 3, 2002 by the EastLake Company requesting amendments to the City ofChula Vista General Plan, EastLake II and III General Development Plans, EastLake II and III Sectional Planning Area (SPA) Plans and associated regulatory documents ("Project"), and, WHEREAS the area of land, which is the subject of this Resolution commonly known as portion of Parcel GPQ-2 in the EastLake II SPA and located on the east side of the future EastLake Parkway, and approximately 2, I 00 ft. north of Olympic Parkway within the EastLake Green Planned Community ("Project Site"); and, WHEREAS, the proposed amendment to the General Plan consists of changing the land use designation of said 4.4 acre parcel from Public/Quasi-public to Medium High Residential (11-18 dulac); and, WHEREAS, the proposed amendments to the EastLake II General Development Plan (GDP) consist of: 1) changing the land use designation of the "Project Site" from Public Quasi-public to Medium High Density Residential (11-18 dulac); and 2) modify Section 1.1.11.3 of the EastLake II GDP and the same section of EastLake III GDP, Community Purpose Facilities Master Plan, to reflect the reduction of 4.4 acres and eliminate the site as a potential Community Purpose Facility site; and, WHEREAS, the proposed amendments to the EastLake II Sectional Planning Area Plan consist of: I) amending the EastLake II Planned Commurrity District Regulations, Land Use Districts Map to change the land use designation of the Project Site from CFP, Community Purpose facility, to RM-25, Residential Multifamily; 2) amend the Site Utilization Plan to merge the southern 4.4 acres ofGDP-2 parcel with the southerly adjacent GR-9 parcel, decreasing GPQ-2 rrom 15.8 acres to 11.4 acres and increase parcel GR-9 rrom 65 acres to 69.4 acres; and 3) modify Section II.2.7.13 of the EastLake II SPA (EastLake Trails Neighborhood Plan) and the same Section of the EastLake III SPA, Community Purpose Facilities Master Plan, to reflect the reduction of 4.4 acres and eliminate the site as a potential Community Purpose Facility site; and, WHEREAS, the Environmental Review Coordinator has determined that any impacts associated with the Project have been previously addressed by the FSEIR 86-04, Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and FSEIR 97-04, Final Subsequent Environmental Impact Report for the t/- q- ",__."_,'.u_~ ____.______+..._.__._._"_. ___u_ EastLake Trails/Greens Replanning Program, and has, therefore, prepared an addendum to said FSEIRs. The Project is in substantial conformance with the analysis in the FSEIRs and, therefore, approval and implementation of the Project does not change the basic conclusions of these FSEIRs. The has been prepared in accordance with requirements of the California Environmental Quality Act, State EIR Guidelines and the Environmental Review Procedures of the City ofChula Vista; and, WHEREAS, the Planning and Building Director set the time and place for a hearing on the tentative map and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and tenants within 500 feet of the exterior boundaries ofthe property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., March 26, 2003, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the Addendum to FSEIR 86-04 (EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-Zone and Annexation), FSEIR 97-04 (EastLake Trails/Greens Replanning Program) and the attached draft City Council Resolution and Ordinance, approving the Project in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 26th day of March, 2003, by the following vote, to- wit: AYES: NOES: ABSENT: Peter Hall, Chairperson ATTEST: Diana Vargas, Secretary L/-'7 ATTACHMENT 2 Draft City Council Resolution and Ordinance 1)--/ c:? .' -~._..__..-~_.. .-._-~._-_._,~..~_._-,-_.._.- DRAFT RESOLUTION NO. XXXXXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE CHULA VISTA GENERAL PLAN LAND USE DIAGRAM, EASTLAKE II AND 111 GENERAL DEVELOPMENT PLANS AND EASTLAKE II AND 111 SECTIONAL PLANNING AREA (SPA) PLANS AND ASSOCIATED DOCUMENTS 1. RECITALS A. Project Site WHEREAS the areas of land, which are the subject of this Resolution are diagrammatically represented in Exhibit A and incorporated herein by this reference and for the purpose of general description herein consists of 4.4 acres known as portion of Parcel GPQ-2 in the EastLake Greens, and located on the east side of the future EastLake Parkway, approximately 2,100 feet north of Olympic Parkway, within the EastLake Green Planned Community ("Project Site"); and, B. Project; Application for Discretionary Approvals WHEREAS the proposed amendment to the General Plan Land Use Diagram consists of changing the land use designation of said 4.4-acre parcel from Public/Quasi- public to Medium High Density Residential (11-18 du/ac); and WHEREAS the proposed amendments to the EastLake II General Development Plan (GDP) consist of: I) changing the land use designation of the Project Site from Public/Quasi-public to Medium High Density Residential (11-18 dulac); and 2) modify Section 1.1.11.3 of the EastLake II GDP and the same section of the EastLake 111 GDP, Community Purpose Facilities Master Plan, to reflect the reduction of 4.4 acres and eliminate the site as a potential Community Purpose Facility site; and, WHEREAS the proposed amendments to the EastLake II Sectional Planning Area Plan consists of: I) amending the Site Utilization Plan to merge the southern 4.4 acres of Parcel GDP-2 with the southerly adjacent GR-9 parcel, resulting in a decrease in acreage for Parcel GPQ-2 from 15.8 to 11.4 acres, and an increase for Parcel GR-9 from 65 to 69.4 acres; and 2) modify Section 11.2.7.13 of the EastLake II (EastLake Trails Neighborhood Plan) and the same section of EastLake 111 Sectional Planning Area Plan, Community Purpose Facilities Master Plan, to reflect the reduction of 4.4 acres and the elimination of the site as a potential Community Purpose Facility site (Projects"); and, ij-// Resolution No. Page 2 C. Prior Discretionary Approvals WHEREAS the development of the project Site has been the subject matter of various entitlements and agreements, including: 1) amended EastLake II General Development Plan (GDP) approved by City Council by Resolution No. 2002-64 on July 23,2002; 2) EastLake II Sectional Planning Area (SPA) Plan approved by City Council Resolution No. 2002-151 on May 7, 2002; 3) EastLake Greens Neighborhood, Design Guidelines Supplement for "Land Swap" area of EastLake Greens, and EastLake Greens and "Land Swap Supplemental Public Facilities Financing Plan" all adopted by Resolution 19275 on March 24, 1998; 4) amended EastLake Comprehensive Affordable Housing Program adopted by City Council Resolution 2001-220 on July 17, 2001; and 5) amended EastLake II Planned Community District Regulations and Land Use Map approved by City Council Ordinance No. 2863 on August 6, 2002; and, D. Planning Commission Record of Application WHEREAS the Planning Commission held an advertised public hearing on said Project on March 26, 2003, and after hearing staff presentation and public testimony and considering the Addendum to FSEIR 86-04 and FSEIR 97-04 for the EastLake Land Swap Residential Project (IS-03-009), voted ( ) to recommend that the City Council approve the Project in accordance with the findings listed below; and, E. City Council Record of Application WHEREAS a duly called and noticed public hearing was held before the City Council of the City ofChula Vista on April 8, 2003 on the Project discretionary approval applications, and to receive the recommendation of the Planning Commission and to hear public testimony with regard to same; and, WHEREAS the City Clerk set the time and place for the hearing on the Project applications and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 feet of the exterior boundaries of the Project Sites at least 10 days prior to the hearing. NOW THEREFORE BE IT RESOLVED that the City Council hereby find, determine and resolve as follows: II. PREVIOUS FSEIR 86-04 AND FSEIR 97-04 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The Environmental Review Coordinator has determined that any impacts associated with the Project have been previously addressed by the FSEIR 86-04, Supplemental ~-/--< Resolution No. Page 3 Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and FSERI 97-04, Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program, and has, therefore, prepared an addendum to said FSEIRs. The Project is in substantial conformance with the analysis in the FSEIRs and, therefore, approval and implementation of the Project does not change the basic conclusions of these FSEIRs. The addendum has been prepared in accordance with requirements of the California Environmental Quality Act, State EIR Guidelines and the Environmental Review Procedures ofthe City of Chula Vista; and, I1I. COMPLIANCE WITH CEQA The City Council does hereby find that the Addendum IS-03-009 has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), the State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the Addendum to FSERI 86-04 and FSEIR 97-04 for the Land Swap Residential Project (IS-03-009) reflect the independent judgment of the City Council of the City ofChula Vista and hereby adopts the Addendum to FSEIR 86-04 and FSEIR 97-04. V. APPROVAL OF GENERAL PLAN AMENDMENT The City Council approves amendments to the Chula Vista General Plan Land Use Diagram, as diagrammatically represented in Exhibit B, to change the land use designation of the Project Site from Public/Quasi-public to Medium Density Residential. VI. GENERAL PLAN INTERNAL CONSISTENCY The City Council hereby finds and determines that the General Plan is internally consistent and shall remain internally consistent following amendments thereof by this Resolution. VII. GENERAL DEVELOPMENT PLAN FINDINGS/APPROV AL 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. L/-/3 Resolution No. Page 4 EastLake II and EastLake III The proposed Project includes a request to amend the General Plan Land Use Diagram to reflect the applicant's request to change the land use designation of the Project Site from PubJic/Quasi-public to Residential Multi-family Medium High Density. Thus, the Proposed amendments to the EastLake II and EastLake III General Development Plans are in substantial conformance with the adopted General Plan as proposed to be amended. B. A PLANNED COMMUNITY DEVELOPMENT CAN BE INITIATED BY ESTABLISHMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA PLANS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE. EastLake 11 and III The EastLake II Sectional Planning Area (SPA) Plan was established in 1989 and 2000, respectively, and both SPAs are currently being developed. C. IN THE CASE OF PROPOSED 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 and EastLake III The Project Site is located immediately adjacent to an existing multi-family residential site with a density range of 11-18 du's per acre. The proposed land use change, which is primarily to adjust the excess acreage designated for Community Purpose Facilities in EastLake is an extension of the existing multi-family site to the south and properly located in close proximity to schools, parks, commercial centers and local and regional transportation corridors. Thus, the proposed land use change is consistent with the housing goals and objectives described in the Housing Element of the General Plan. D. ADOPTION OF AMENDED GENERAL DEVELOPMENT PLAN In light of the findings above, the amended EastLake II and III General Development Plans are hereby approved and adopted in the form presented as Exhibit C and referenced on file in the office of the City Clerk. ij-/<y ~""""'------'-"-"'-'~-" Resolution No. Page 5 VIII. SPA FINDINGS/ APPROVAL A. THE SECTIONAL PLANNING AREA (SPA) PLANS (AS AMENDED) ARE IN CONFORMITY WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN EastLake II and EastLake III Sectional Planning Area (SPA) Plan The SPA Plan is proposed to be amended to reflect the proposed amendments to the General Plan and EastLake II General Development Plan. Thus, the amendments to the EastLake II and EastLake III SPA Plans will be consistent with the General Plan and EastLake II General Development Plans, as proposed to be amended. B. THE SECTIONAL PLANNING AREA PLANS WILL PROMOTE THE ORDERLY SEQUENTIALlZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The development of the Project Site is subject to the requirements, restrictions and limitations prescribed in the EastLake II and EastLake III Public Facilities Finance Plan (PFFP), and therefore will be constructed in the order outlined in the PFFP. C. THE EASTLAKE II AND III SECTIONAL PLANNING AREA (SPA) PLANS, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The Project Site land use designation is the same as the southerly adjacent parcel, and is separated from single-family residential lots to the east by a 200-foot wide utility easement. The land uses to the north include a religious institution across the utility easement; to the west a water storage tank across EastLake Parkway, which is a 4-lane prime arterial. Thus, the proposed Multi-family Residential land use designation is compatible with surrounding land uses and is adjacent to public transportation corridors, a future commercial center and other public facilities, resulting in a desirable environmental quality. D. 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 4-/$- Resolution No. Page 6 DEVELOPMENT WILL MEET ESTABLISHED BY THIS TITLE. PERFORMANCE STANDARDS The amendments do not involve areas planned for industrial or research uses. E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL AND OTHER SIMILAR NON-RESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVERALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The proposed amendments do not involve Institutional, Recreational or similar uses. F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. Road improvements will be constructed per the timing requirements outlined in the EastLake Greens Public Facilities Financing Plan and/or as modified by condition of approval of the Tentative Subdivision Map, which delineates more specifically the required infrastructure improvements and installation timing in conjunction with proposed residential development. G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCA TION(S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION(S). The proposed amendments do not involve commercial uses. H. THE AREA SURROUNDING SAID DEVELOPMENT COULD BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The surrounding area is already zoned and incorporated into a Sectional Planning Area Plan. As indicated above, the new land use designation for the Project Site is the same as the southerly adjacent parcel, and therefore compatible with the expected development in the immediate vicinity. I. In light of the findings above, the City Council does hereby approve the EastLake II and III SPA amendments. ~-Ib Resolution No. Page 7 IX. SPA CONDITION OF APPROVAL 1. Implement, or cause the implementation of all mitigation measures pertaining to the Project identified in EIR 86-04 and EIR 97-04, the associated CEQA Findings of Fact and Mitigation Monitoring and Reporting Programs and as incorporated by reference in the Addendum to EIR 86-04 and EIR 97-04 (IS-02-009). Any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the satisfaction of the Director of Planning & Building. Mitigation measures shall be monitored via the Mitigation Monitoring and Reporting Programs approved in conjunction with EIR 86-04 and EIR 97-04. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning & Building should changes in the circumstances warrant such revision. (Planning & Building) X. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time. and any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, instituted and prosecute litigate or compel their compliance or seek damages for their violations. No vested rights are gained by Developer or successor in interest by the City approval of this Resolution. XI. INV ALDITY; 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 determined in its sole discretion, this Resolution shall be deemed to be revoked and no further in force or in effect. Presented By: Approved as to form by: Robert A. Leiter Planning & Building Director Ann Moore City Attorney Lj -//' . ^-~_.,..,._.... -............-.....-....--.--.....-....-. .".---.--......---...-., Resolution No. Page 8 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this _ day of _ 2003, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: , Mayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIGEO ) CITY OF CHULA VISTA) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. was duly passed, approved and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the _ day of 2003. Executed this _ day of 2003. Susan Bigelow, City Clerk q - 1'2f '-~-'~--""'--- -"-,-_..._.._-~ EXHIBIT A Locator q-/? OTAY RANCH VILLAGE SIX I II II II 11111 11';10 II. II.... IIN II'" II II II 1/ I , I I I I I I I , , OTAY RANCH VILLAGE ElEVEN ~ C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: THE EASltAKE COMPANY, LLC AMENDMENTS North or ~ic Parkway, East rI the future PROJECT a'lj8mem of asllake Paokway, West of the Request The proposed amendment to the General Plan, ADDRESS- 5 &EfCWA Easement, in the southern portion . of the Easllake Greens Communily. EasUake II GDPl5PA to change land use designation of 4.4 acres SCAlE: FILE NUMBER: from Pubne Quasi-PubliclCPP to Medium High residential (11-16 dulae). NORTH No Scale PC~10 Related CaseCs\: PC5-03-04 15-03-009 GPA-03-02. c/ - .;{ cJ .__.~..._.~_.... -""-.".--'---"- C/-~/ ._-~_._,..__._,. EXHIBIT B CHANGES TO GENERAL PLAN LAND USE DIAGRAM (1/28/03) s:: CtI a.. CtI "- Q) s:: Q) C) 'C Q) (/) o c. o "- a.. s:: !!! a.. E Q) s:: Q) C) 'C Q) - c. o 'C <( Page 34 34 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS, LAND USE DISTRICT MAP. I. RECITALS A Project Site WHEREAS the areas ofland, which are the subject of this Ordinance are diagrammatically represented in Exhibit A and incorporated herein by this reference and for the purpose of general description herein consist of 4.4 acres known as portion of parcel GPQ-2 in the EastLake Greens SPA, and located on the east side of the future EastLake Parkway, approximately 2,100 ft north of Olympic Parkway within the EastLake Green Planned Community ("Project Site"); and, B. Project; AppIication for Discretionary Approvals WHEREAS, the proposed amendments to the EastLake 11 Planned Community District Regulations, Land Use Districts map consist of changing the adopted land use designation of the Project Site from CFP, community purpose FaciIity, to RM-25, Residential Multifamily; and, C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements and agreements, including: I) amended EastLake IT General Development Plan (GDP) approved by City Council by Resolution No 2002-64 on July 23,2002; 2) EastLake II Sectional Planning Area (SPA) Plan approved by City Council Resolution No 2002-151 on May 7, 2002; 3) EastLake Greens Neighborhood, Design Guidelines Supplement for "Land Swap" area of East Lake Greens, and EastLake Greens and "Land Swap Supplemental Public Facilities Financing Plan all adopted by Resolution 19275 on March 24,1998; 4) amended EastLake Comprehensive Affordable Housing Program adopted by City Council Resolution 2001-220 on July 17, 2001; and 5) the amended EastLake 11 Planned Community District Regulations and Land Use Districts Map approved by City Council Ordinance No. 2863 on August 6, 2002, and, D. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on said Project on March 26, 2003, and after hearing staff presentation and public testimony, and considering the Addendum to FSEIR 86-04 and FSEIR 97-04 for the EastLake Land Swap Residential Project (IS-03-009), voted ( ) to recommend that the City Council approve the Amendments to the EastLake 11 PIanned Community District Regulations, Land Use Districts Map, in accordance with the findings listed below; and, E. City Council Record of Application L/-~~ EXHIBIT C SEE ATTCHMENT 4 OF PC REPORT FOR AMENDMENT PAGES C/-~.5 Ordinance No. Page 2 WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on April 8, 2003 on the Project discretionary approval applications, and to receive the recommendation of the Planning Commission and to hear public testimony with regard to same; and, WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 500 ft. of the exterior boundaries of the Project Sites at least ten days prior to the hearing. F Discretionary Approvals Resolution and Ordinance WHEREAS, At the same City Council hearing at which this Ordinance was introduced for first reading on April 8, 2003, the City Council of the City of Chula Vista approved Resolution ~by which it imposed amendments on the City ofChula Vista General Plan, EastLake II and EastLake III General Development Plans (GDP) and EastLake II and EastLake III Sectional Planning Area (SPA) plans. II. NOW THEREFORE, the City of Chula Vista does hereby find, determine and ordain as follows: A. PREVIOUS FSEIR 86-04 and FSEIR 97-04 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The Environmental Review Coordinator has determined that any impacts associated with the Project have been previously addressed by the FSEIR 86-04, Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and FSEIR 97- 04, Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program, and has, therefore, prepared an addendum to said FSEIRs. The Project is in substantial conformance with the analysis in the FSEIRs and, therefore, approval and implementation of the Project does not change the basic conclusions of these FSEIRs. The has been prepared in accordance with requirements ofthe California Environmental Quality Act, State EIR Guidelines and the Environmental Review Procedures of the City ofChula Vista; and, B. COMPLIANCE WITH CEQA The City Council does hereby find that the Addendum IS-03-009 has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), the State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista. C INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the Addendum to FSEIR 86-04 and FSEIR 97-04 for the Land Swap Residential Project (IS-03-009) reflect the independent judgment ofthe City Council of the City ofChula Vista and hereby adopts the Addendum to FSEIR 86-04 and FSEIR 97-04. ~-~S- Ordinance No. Page 3 D. FINDINGS FOR P-C PLANNED COMMUNITY ZONE AMENDMENTS The City Council hereby finds that the proposed amendments to the EastLake II Planned Community District Regulations are consistent with the City ofChula Vista General Plan, as concurrently amended, and public necessity, convenience, the general welfare and good zoning practice support the amendment. B. APPROVAL OF ZONE AMENDMENTS The City Council does hereby approve the amendments to the EastLake II Planned Community District Regulations, Land Use Districts Map as represented in Exhibit B. III. lNV ALIDlTY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Ordinance is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforcable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. VI. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by Bob Leiter Planning and Building Director Ann Y. Moore City Attorney t./ -,16 EXHIBIT A LOCATOR Lj -~ '1 OTAY RANCH VILLAGE SIX " I /I /I /I IIIIJ 1I;:a /I. II... IIN II'" II II II II I , I I I I , I I I I I OTAY RANCH VILLAGE ELEVEN C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C9 APPUCANf: THE EASTlAKE COMPANY, LLC AMENDMENTS Nor1h of OIyrrr:ic Parkway, East of the future PROJECT al~nt of ast1ake Parkway, West of the Request The proposed amendment to the General Plan, ADDRESS: S ElCWA Easement, in the southern portion of the Easllake Greens Community. EasUake II GDP/SPA to change land use designation of 4.4 acres SCALE: FILE NUMBER: from pubnc Quasi-PubliclCPP to Medium High residential (11-16 dulac). NORTH No Scale PCM-03-10 Related easels): PCS-03-04 15-03-009 GPA-03-02. t./-~g t/-Afl EXHIBIT B AMENDMENT PAGES \ ",\.1, J.."~ Rs-5' I ~, .A; .J '- '-'A7 ......."~ /ID-22 .. . ~,,\ Rs.51:.RP-~'\. . <;,1. _-A. ~ - ~. . \ \ BC-2 ~ ... ,'\\. .... 05-4 k... It ~ \ BC-1, '\\ r2f:j\~' .....,,,"" --~J 'r. RC.22 \\ BC-3,~~<c~ BC-:;--~\ ~ RNI ~?...... "'-'\\~j r",~~ ~~11 /~~I"'''''''''~)~ u ~ II} {(Rf4;;---=S// /7~ .., 1~.}-ZlJ.. ~~/4'fr;;.d/~~- .... I!V'~~ ~{;:;r:-~> i I t~M(,. -.::'.... N ... I' '-~ I 'V" f;...! JI ~... '\. II \\",,"\~1 I....J 1/ .. ~ ... \L ___ -..J os-e IIIINL fIN. t:) I ~ I.=-."..~...... .....!";='~~...." ... kNit'.... ~.~~_~\05-4 " " ' 11----1' I I -~ ... ~ I ~' '\" JI05-4\~~ I R"',-!,"'~<'V~~ "~.. RS-~ \} RM-2Sr-r,\ \ ~-', ~'~~~1'~"7 I I PO; ~,~ \ '. "-', "..;{/ J I'L PO ~tl~.r' JQ \ \ ) ~') ~ . Rs.5 ::T ~ ill ~ "'2'<<O"'~ \ \ 'J..--.-;%/"" ",/..-- ~'::::!l FC ~ .......... />\, \,)'--""".z( RP.13 )'-- .., i~~ ~ ~"""'~!=;;y-~~ );//'~ ,,-I L.. ,,'\. ,\ RM-2S"~'(' RC--10 h ~ <y-> ":-........ II ;..~/- -<':::..~ Land Use Distr1cts Proposed /: ~/ '" REStOEIITIAI. R_ Es1a1os __Fam" __FMIiy --<:oriceI>4 _Smallot -~ ~...., I'Iano>odConc"Pl ~ ConcIOInInk.n UUIII-FamUy R_Uulli-FamUy VIlLAGE CENTER & COMMERCIAl. ViIIiIge Center (Retalf) YIage Center (Prof. Admin.A.td. Retail) Center (Retail) "'- CanmordaI '" PA ~ I ',,~&~ BUSINESS CENTER ~__Cer'Oor'~POltDlstricl BC-2 _Cenler-~_DisOId BC.3' Business Center. Core District ITIIIll Proposed Amendment Location .4t1E'ASTLAKE II A planned community by The EastLake Co. ~~m ----~ r\.J'i7l23J!)2 v (1/28/03 ) Page 30 of 33 ij - 30 .. _____"._...._ _" "'_..".__..~ _""_"0._ _,~_..___,_ ATTACHMENT 3 FIGURES t-j-$/ EXHIBIT 1 Proposed Low & Moderate Income Housing Composite General Development Plan for EastLake 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 ~ t:ASTLAKE Cinti land Planning _OIoo1lo,CA[+I't)2:2J_7_ m i"'L..JI ~...... 10/1101 A planned community by The EastLake Co. Exhibil I - Page I of I 7117101 Page 21 L/ - 3--? (East Lake II & III) ATTACHMENT4 AMENDMENT PAGES t/ -33 Amendment to "Land Swap" CPF EastLake II & III GDP and EastLake II & III SPA EastLake Greens Neighborhood REVISED DRAFT January 28, 2003 St.;kc.Out Text Deleted Underline = Text Added Project Sponsor: The EastLake Company 900 Lane Avenue, Suite 100 Chula Vista, CA 91914 Contact: Guy Asaro (619) 421-0127 Prepared by: Cinti Land Planning 2932 Poinsettia Drive San Diego, CA 92106 Contact: Gary P. Cinti (619) 223-7408 L/-.3f/ General Plan Amendment . Revise map to change 4.4 acres of Public/Quasi-Public to Medium High Residential (see exhibits on the following pages) (1/28/03) Page 2 of 34 L/ - gs- .---... . -~_.....-- ---"- ..._-,...-----.~.- (1/28103 ) c n:s c: n:s I- Q) C Q) C) 'C Q) III o Co o l- ll. c n:s - a.. ~ Q) C Q) C) 'C Q) - Co o 'C <( Page 3 of 34 EastLake II General Development Plan . Revise General Development Plan map to change 4.4 acres of the CPF site adj acent to the SDG&E easement to Medium High Residential with no increase in units permitted. . Revise Table "B" to reflect change in Land Use statistics . Revise Section 11 to reflect statistical and exhibit revisions due to change in CPF site #1. (1/28/03) Page 4 of 34 cj -37 -"c"tJ ECcu<D <1)<1)--' cEa.g- <1) Q.. "tJ C> 0 -=:( - <1) > <1) c .. r- c: o 1i o o ....J ~ '0 0: r,-n ~ /1 "'EJ'" .<;; Q ~.~~ ~I ()I . i . "':!,.. i ~ ~ ~ 0: '0:: 0:: ~ o ~ ~ ~ . 1i1~ <XI .. ... _ _ ... ... <:>..- ... N N.... ... -'" -! ~LIJ E i .3 '!! ~ . ... Oj~~i 11:3':1 ;; i;!1O ~ it ~ h ';, !U,.,.i ~." I:> '''~E ~I ~ a ~ "0 ~J ~ i~"-q j ~. a. . ~ 0( Q III! '" <II; ., co ... '" ID :! ~ ,.; ..J I _-- I. ~/.. . ....." // ;............ A/' '.~ t_ w . ~ ~ a:o: "f ~ ., "1-': ....... <') M ... ... N O!I~ ~ ~~~~2~ ~g~~~~~~~ ~ _"'N.... 2 NN-NN~N . - - ~ -Hh ~n H,p !~~i~tljJhi1.n1 ~Hq1 1indi~i! ~~::!2~G:: G::~tk.a::8'iD.'i ~ i.~i. --'3:fi:Cj ~~ 1 (1/28/03) Page 5 of 34 L/ -S'Z' 7-~ <;>:X~ " N ~EJ~ ~1~!~ ~I -. 'r,! 0. . -.....c"O c: 0 CUCCU<1> fJ 0 s.. Q) _ CI) 0 -' Q)ea.o ~ c Q. 'e- Q)Q. e tl. :;: ",2 Q ~ -' ~ ~ Q) c ~ 'g:: \ i "Fl" !!;; =""""7:.~;-=~",..--" / -.----.r'~~1S~. ~ / s. ""... 0./ . '. \'V " -.\~\ '~ \:1;. I ~~:-~~/ If / (t1{., .~. a V'-'\\"'__" \. :z: 0. J ~~"" \ - :;: --:"'..:;;,.,--:;;;::----z/ -~~, f =.-=~~'-=""Lll. " ,. -''.~t ; ~ ~, .. .'P-'/ ,J "U_.~_._ I ! ..J / ,. /:/ ~ : g /.:.. .............,.,../ , .~, '\ . /~' <'. . \.... / 1..."::;' 5 ... ... ... 51 ~ ;~~~Nt:: -i;> -1t ~W8 g J'-~5 U~: ;; ~i:S':: If ~ ~ ~ - ~ ;: ::1:: ~ j"~;:' "'.:; a:i 1'-"'; ~ II> ~ ~.... e: .- t;; .0 M ~ N.... N .... <'f .1; ^~ d. . !Iv I ~ ~ ~ ~ L h i i I!q' ~ i.q~q:5: ilUJa: H q h H! ! ~.t~... ~ a: ... tI.. ti t5 ~(J Q. - . f. <( H .~ ......,,... ~:::!~ui "I "I II! to.; 6: ... .. !;i ~ .... ~ ~ ~ N.... ;! ",,' . . ~ ~ ( 1/28103) Page 6 of 34 tj ~.sy Table B GDP Land Use Statistics (acres) Land Use Category NEIGHBORHOOD AREA TOTALS Hills Shores Salt Creek Greens Trails Business I Center! RESIDENTIAL Low (0-3 du/ac) 109 A 0 43.6 34.4 lOA 0 197.8 Low-Medium (3-6 du/ac) 35.3 36A 0 183.9 195.6 0 451.2 Medium (6-11 du/ac) 0 66.3 0 156.1 18A 0 240.8 Medium-High (11-18 0 24.3 28.5 99:-5 0 0 rsr:3 du/ ac ) 103.9 156.7 High (18-27 du/ac) 0 10.3 0 0 0 0 10.3 Sub-total 144.7 137.3 72.1 4T.\;9 224.4 0 ~ 478.3 1056.8 NON-RESIDENTIAL Retail Commercial 0 0 0 19.6 0 38.1 57.7 Freeway Commercial 0 0 0 50.7 0 0 50.7 Professional & 0 0 0 24.7 0 13.6 38.3 Administrative Research & Limited 0 0 0 0 0 245.1 247.3 Manufacturing Open Space 93.6 54.8 18.9 37.9 5.3 4.6 215.1 Public/Quasi-public 10.0 0 0 1!5:3 17.8 0 tB:t 80.9 108.7 Parks & Recreation 2A 21.4 0 197.8 51.5 9.1 282.2 Major Circulation * * * 105.0 16.0 * 224.9 Future Urban 0 0 0 0 0 0 0 Sub-total 209.6' 76.2' 18.9' ~ 90.6' ffi9:3 5]6.6. 1224.9 TOTAL 2281.7 *Acreage not allocated (Sub-total excludes Maim Circulation. except for Greens & Trails Neighborhoods) I Includes VilJage Center North uses. (1/28/03) Page 7 of 34 ~ - {/c:J 1.11 Implementation 1.11.1 Growth ManagementlPhasing This GDP will be used by the City and the developer to ensure that development occurs in an orderly fashion and that public facilities are provided concurrent with need while, at the same time, providing flexibility to allow the developer to respond to changing market conditions. The conceptual phasing information has been and will be presented in the SPA Plan to be developed primarily for the purposes of determining preliminary circulation and public facility requirements. The objective of these phasing plans is that public facilities will be provided concurrent with need and in accordance with the threshold standards established by the City of Chula Vista. 1.11.2 Community Facilities & Improvements Specific community facility requirements will be identified for each SPA Plan. The following standards have been established for community facilities. . Circulation: Development within EastLake II shall comply with the City's Level of Service "c" requirement for the operation of circulation element roads. A transportation phasing plan consistent with the City's Growth Management Element shall be incorporated into the SPA Plans to ensure that level of service standards are mct. . Water: A detailed water master plan shall be prepared in conjunction with each SPA Plan. The water master plan shall be subject to review and approval by the Otay Water District. . Sewer: A detailed sewer master plan shall be prepared in conjunction with each SPA Plan. The sewer master plan shall include consideration ofrecJaimed water and shall be subject to review and approval by the City of Chula Vista. . Drainage: A conceptual drainage plan shall be included in each SPA Plan. The conceptual drainage plan shall, in particular, address drainage areas in Salt Creek. Drainage plans for individual developments shall be prepared to the satisfaction of the City Engineer. . Fire and Police: Each SPA Plan shall define specific facility requirements for fire and police protection to the satisfaction of the Chula Vista Police and Fire Departments. . Schools: School facility requirements shall be defined in EastLake II GDP and each subsequent SPA Plan to the satisfaction of the Chula Vista Elementary School District and the Sweetwater Union High School District. Three elementary school sites and one high school site are provided within the EastLake II GDP area. As of this most current GDP amendment, all sites have been implemented. (1/28/03) Page 8 of 34 //- ~/ ShikGOllt - Text Deleted Underline = Text Added IMPLEMENT A nON 1.11.3 Community Purpose Facilities Table D Community Purpose Facility Acres for EastLake EastLake EastLake EastLake Total IT* 11* III Greens Trails (adopted Neil!h** Neil!h. GDP) Dwelling Units 3443 1143 2061 6647 CPF ac/du 0.004003 0.004003 0.004003 -- CPF Required (ac) 13.8 4.6 8.3 26.7 CPF Provided (ac) +5:-811 .4 4.6 10.8 3+.+26.7 · EastLake I (North ofOtav Lakes Road) is excluded from this table. .. Includes oronosed Land Swao amendment. 1.11.3.3 Proposed CPF Sites The CPF master Plan provide a total of-3+t 26.7 acres in four three different sites. Exhibit 7, identifies the proposed CPF sites which are described in more detail below. Site 1 (Existing): Located in EastLake Greens, a pu. tiM ofthis t-5:1> 11.4 acre site (12.2 aGIGs) has been conveyed to a religious institution for use as a place of worship. TI.G .GI/!l1iniu& po.tio.! of the sitG J.6 (1(,1\,,,;' ~~ I,..uu(,utIy AvA~labk N! ac.ql1~&;tloJJ duJ tJ~(, [Vi ('OUUJJUJl~tJ pU.lp06(' fa,,;];t;,,& and i.s f\:11thGl dGSG.ibcd bdow. SitG I (I'lltu".,). LO"dh..d;u LaotLJ.." GIG"uo 011 th" "aot o;,i.:; ofEastLJ.." Patk way, ouutI. ufthG SDG&.E pOwG. Ga5GhKI1t. TI!is J.G aOG site is GtlllGntl)11hailabk fOI acqtlisitiou aud tlSG fOI cuuiluuuity p"'poo,:, fdG;I;t;G~. Site 2: This CPF site is located within the Trails neighborhood and is proposed to conditionally permit little league ball fields for non-profit organizations serving the local community. The development of the site (4.6 acres) would be subject to the requirements outlined in the EastLake II Planned Community District Regulations and Section 19.48.040(B)(6)(d) of the Chula Vista Municipal Code. Site 3: This site is located in the Vistas neighborhood of East Lake ill GDP and consists of 10.8 acres. The future Vistas SPA Plan will refine the exact location and acreage this site The sites identified on this Master Plan are, or will be, designated in the Planned Community District Regulations as "CPF" to insure their continued availability pursuant to city requirements. (1/28/03) Page 9 af 34 q- 4--f St.;kwut = Text Deleted Underline = Text Added IMPLEMENT A nON Master Plan of Community Purpose Facilities Adopted ,..---- , , CPF Locations f"1\ EastLake Greens \.Y (Existing) A Eastlake Greens .. (Future) e EastLake Trails e EastLake Vistas Eas1Lake II EastLake U Eastlake In Total Gree.. SPA Trans SPA GDP DwelllnQ Units 3443 1143 2061 6647 CPF Acres Required 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 111 - Vistas Eastlake Greens .. E'ASTLAKE III A planned community by The EastLake Company C1n1i Land Planning _","",,~IO'I')_J_ ~ ~~....J 7/17/01 (1/28/03) Page /0 of 34 ~/- 4IS Sltikcotlt = Text Deleted Underline = Text Added IMPLEMENTAnON Master Plan of Community Purpose Facilities Proposed CPF Locations o Eastlake Greens e EastLake Trails o EastLake Vistas Eastlake II EastLake II EaS1lake III To1al Greens Neigh Trails Neigh. GDP Dwelllnq Uni15 3443 1143 2061 6&47 CPF Acres Reoulred 13.8 ~.6 B.3 26.7 CPF Acres Provided 11.4 ~.6 10.8 26.7 EastLake III - Woods EastJake Trails EastLake III - Vistas Eastlake Greens ~E"ASTLAKE C in11 land Planning ---~...,~~- r-n ~L~ 7-23..02 A planned community by The EastLake Company (1/28/03) Page J I of 34 </. - L/1/ EastLake III General Development Plan . Revise Section II to reflect statistical and exhibit revisions due to change in CPF site #1. (1/28/03) Page /2 of 34 ij - 1/.5- IMPLEMENTAnoN 1.1.11 Implementation 1.1.11.1 Growth Management/Phasing This GDP will be used by the City and the developer to ensure that development occurs in an orderly fashion and that public facilities are provided concurrent with need while, at the same time, providing flexibility to allow the developer to respond to changing market conditions. The conceptual phasing information has been and will be presented in the SPA Plan to be developed primarily for the purposes of determining preliminary circulation and public facility requirements. The objective ofthese phasing plans is that public facilities will be provided concurrent with need and in accordance with the threshold standards established by the City of Chula Vista. 1.1.11.2 Community Facilities & Improvements Specific community facility requirements will be identified for each SPA Plan. The following standards have been established for community facilities. . Circulation: Development within EastLake II shall comply with the City's Level of Service "c" requirement for the operation of circulation element roads. A transportation phasing plan consistent with the City's Growth Management E1ement shall be incorporated into the SPA Plans to ensure that level of service standards are met. . Water: A detailed water master plan shall be prepared in conjunction with each SPA Plan. The water master plan shall be subject to review and approval by the Otay Water District. . Sewer: A detailed sewer master plan shall be prepared in conjunction with each SPA Plan. The sewer master plan shall include consideration of reclaimed water and shall be subject to review and approval by the City ofChula Vista. . Drainage: A conceptual drainage plan shall be included in each SPA Plan. The conceptual drainage plan shall, in particular, address drainage areas in Salt Creek. Drainage plans for individual developments shall be prepared to the satisfaction of the City Engineer. . Fire and Police: Each SPA Plan shall define specific facility requirements for fire and police protection to the satisfaction of the Chula Vista Police and Fire Departments. . Schools: School facility requirements shall be defined in EastLake 11 GDP and each subsequent SPA Plan to the satisfaction of the Chula Vista Elementary School District and the Sweetwater Union High School District. Three elementary school sites and one high school site are provided within the EastLake II GDP area. As of this most current GDP amendment, all sites have been implemented. (1/28/03) Page 13 of 34 Lj-~/& IMPLEMENTAnoN Table D Community Purpose Facility Acres for EastLake EastLake EastLake EastLake Total IT* 11* III Greens Trails (adopted Neigh** Neigh. GDP) Dwelling Units 3443 1143 2061 6647 CPF ac/du 0.004003 0.004003 0.004003 .- CPF Required (ae) 13.8 4.6 8.3 26.7 CPF Provided (ae) +5:-811.4 4.6 10.8 3+.+26.7 · EastLake I {North of Otav Lakes RoadT is excluded from this table. .. Includes orooosed Land Swan amendment. 1.1.11.3.3 Proposed CPF Sites The CPF master Plan provide a total of-3+t 26.7 acres in four three different sites. Exhibit 7, identifies the proposed CPF sites which are described in more detail below. Site 1 (Existing): Located in EastLake Greens, a pvrtion of this t-5:1> 11.4 acre site (12.2 a(,co) has been conveyed to a religious institution for use as a place of worship. Tl.c '''Hlaini'l~ po'!;vn ofthc ~;tc J.6 .IC."s is CUllCJ1tl} a,a;lahk fo. d"'ui~itjuu dud tlSC fu. COuuuuj,ity ptl,P05C f",,;liti,s aud is ftll1]". dcsC!ibcd l,duw. Sit, 1 (I'tltu.c). Lvcatcd iu L.lotLakc G.ccuo vu tlK CMt ;,;dc ofEastLdkc P .I.k...ay, ootlth oftJ." SDG&.L pO~Gl G.15GII1(,Ut. 111i5 J.G a,,1\... t,;tc. is Gdul",utly a\la~Iabk rot a,",qtli.~ition dud "6(" [uI GOI1UJ.luu;ty PUlpO.;>v facilitics. Site 2: This CPF site is located within the Trails neighborhood and is proposed to conditionally permit little league ball fields for non-profit organizations serving the local community. The development of the site (4.6 acres) would be subject to the requirements outlined in the EastLake IT 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 ill GDP and consists of 10.8 acres. The future Vistas SPA Plan will refine the exact location and acreage this site The sites identified on this Master Plan are, or will be, designated in the Planned Community District Regulations as "CPF" to insure their continued availability pursuant to city requirements. With the exception ofCPF site Nos. 2 and 3, which will include little league ban fields as a conditional use permit, the above mentioned CPF sites could accommodate by conditional use permit the fonowing land uses: (1/28/03) Page 14 af 34 ~-/ - C//' IMPLEMENTAnON Master Plan of Community Purpose Facilities Adopted ,-- , CPF Locations f'1'\ EastLake Greens \.:..J (Existing) ,ft Eastlake Greens .. (Ful/JrtJ) f) EastLake Trails e EastLake Vistas Eastlake 11 Eastlake II Eas1\.ake 1/1 Total Greens SPA Trail. SPA GDP Owellln. Units 3443 1143 2061 6647 CPF Acr.. Required 13.8 4.6 8.3 26.7 CPF Acr.. Previded 15.8 4.6 10.8 31.1 EaslLake III . Woods EasUake Trails EastLake III . Vistas Eastlake Greens .. E'ASTLAKE III A planned community by The EastLake Company Cinti land Planning ....~~'"II)_J... rn ~L~ 7/17/01 (1/28/03) Page /5 of 34 L/-C/f1 ._...._._.~_..._._- _..__..,_._----,---_.~..~_.,-_. Master Plan of Community Purpose Facilities Proposed CPF Locations o EaslLake Greens . EastLake Trails e EastLake Vistas Eostloke II Eostlake II Eastlake III Total Greens Neigh Trails Neigh. GDP Dwelling Units 3443 1143 2061 6647 CPF Acres ReQuired 13.8 4.6 B.3 26.7 CPF Acres PrQvlded 11.4 4.6 10.8 26.7 EastLake III - Woods Eastlake Trails Eastlake III - Vistas Eastlake Greens ... E"ASTLAKE Cinti Land Planning _.........U"I9J""'~7_ r-n ~L~ 7-23-02 A planned community by The EastLake Company (1/28/03) Page 16 of 34 C/-~7 EastLake II SPA Plan . Revise Site UtiJization Plan to reflect shift of 4.4 acres ITom Public/Quasi-Public to Medium High Residential with no increase in dwelling units permitted. (See following exhibits). (1/28/03) Page 17 of 34 ij - ~o . '-,~'-'.'-'...,...- .,._~--,._...,~.,.._~. s::: ! '"a.' - ...!p..u=....'PU;."i.. ~EJ~ CO I ......- -.......-..-...........:..-. 8 . .... ~ A~.~~.4 N ~_..~~~~G~~~~~~~~_~~. ~.~ 0:1 ' .Q~.~~ ___OQ._~o._~..~_...~_~_.~~. ~_~..~. .__~.~O_Q._Q__._... ~J s::: H I 1!. In III 1 ""I ! c:> I i<<~il~lli<<~iiii~~ii~iiil~~~~~i~~~i~1 i,l}l.'il I!JI!llil}'I!,',','JiiJiiiJ!1 I [5. . .- idIH! iiHBHhHUlHUUllJiH II~ IIi t Alum!., ~ 1U [!}] J ~~ h~ N .- - -- :3 .., <J) :J j "b -g Q)~ ~ ....., 0.. <( '-.g cn~ y d~ lJ1 ..:r:l1~l]SI:d. .. ;:: >- ;; '/, ~- , .Yo 051 U1~ co _::! -'" co LU~ '- ....-.1- ~E' ~ " Sf '< OJ .~ E o\-,l' L- ~ Ui~ ~! ~~'I f . ! I (1/28/03) Page 18 of 34 t!/ -:;-/ s::} ~....~ "'~""'"";"'~""""~"ij ~ ctJ Q~~a~~_ ~_~.m~~m_~Q_~~~~~~~~q~~~~~_ _a.. ::::::~. ::::::..:~::::::::::::::::::' ..........."'1- .....~.,~...O_<>.."!O~-:........'..~r I R2es" e'~~~~~~I~'~~~~'X"~'~R~-~-" ~~~T~~~a ~S~2~,a~~~.~"--"~" .' ,I - - - C ~\ \ H hl ~\~ \ O! mE) ~~m~~&~~~i~U~UI~~lhll i II j 18111 hUH i I .~ !.I~lmmmHnmmUHmi U~ldJ JUIuuHHlUUJ1i ca ~~~ . ~~U~d N O>EJN l~~'~ 0... -01 I c- o. -'3 ~f · UI _ .- - -- .! +' ~ :::)"t) ~ CD -g (J)~ ~ +' 0. .- 0 cna:. yas In ~'::-F;l]~l:il J nh i-i. f~~~~ j~ Ui'j" ~. I." ~i 'Us .~~ffiiW ~~f'Q.!9.t~-3] z_ N ~ D. >- ;; . U J:.~ ~< s ~ j I .~ &~ ,< ~z .j "" . -: '" 'fJ ~I "'~ ro -,,! -~ LLI~ ~1, I~f q'" ~:J .0 Ii E Q' -E o\,~ ln~ i :2i! , ".-1 I -<!~ ~ '/$ (1/28/03) Page 19 of 34 z/ - s-;; "'0 C ~ C'CI Q.. - .gD. ~ C o ~~=~~~n~!IO~~n!!~~H~~;~~~:;;I~ ~ E-, ! }~ "~~~.~..-o-~~.o~.o.m..mo..t ~ l ........;!; "".....~"""" ."".~". ~"~ri.. ~. .ml~ ~ II ~g J!~ ~~.OC~~~O.0N~~~.O~~"~~_~nM_~ .~~~.No_o.~~~_~m~=m~oFm ~ t. G.~~~~d~~~.~N~~d~~..~d~~~~~9 &d~O~=d~~~.~N_~~_.~ri~~~}. I -.... N... N'" ............, .. ... N...... .... N .............. ... I:; ... >I) ",............ -.... .... ~ S!;; "liP _ .. ~~~......~.~.~~~.~.~-~ i I '...... i :::: ::::::: :::::::::::: :;:: .!!Iilhlillilmuud t II! ~ S~ jQLI~HJfzHHUA di~ .t"! >< d~'7?'1"f":'''. 'f";"::~q~";"~~~~~ 11~f.!~!~-":";t-6 .~-;"''1''f't>;hch I~al ~ W ~~ ~ ~~~ ~~i~~~ << ~ ~ ~~.~> ~ ~0~ ~~ ~ A O~ IU '9 '3 a: ~ W !l: IIJ 011. '. . Z ~ '" \\& "~ \~ \[ , .~ '~ \0 \ \~ . ~ j ~~f! ~~ ::5LL1 U ~~< U1~ ~ ~ u ~ '" ~ I-J4 (1/28/03) Page 20 of 34 c; -,$,- d "Q C I- U8~!!Us~~:;;s.nH'~~~~~~~*~~ ~ FQ8 CI) CU'! I-~~.....J~ ~~~qq~~~~~~~~~q~o.~~~~~~~~~~~ '~n~n~~~$~:~~~~~A~~~~~~~~ .~ .- ~ CU 1 ~~~~~~ .~~~~~~n~ .n~~t~~ II' Ihllllu.uu!i l i~ . C"') N" ~~IHHI".nIT.H..I.."I. v ~ aH ItdUUd" ~ P ~ "!!!!!!!!II!!!i!it!Jli!lii!lllf i ~!a ~~~~~~~~i I~! ~ ::) ijl;;H~~~~nn~H~nH.2H~!HJ~~HH"2HHZ~Hi1H~ j~ ~ t~ ~ ~. h a ~ n w \~. .~. .~ \t ~ .%. \~ \ \~ /~ ~LI)~ ~~ ::5LL1 U ~~< U1~ (is ".., u ~ '" ~ " g g 1-14 (1/28/03) Pagellaf 34 c..j - .5--;/ '" ~ "" ~ t: '" {j c: '" t: "" -......C"tJ ECcuCl> Q)Q)_...... C E a. g. Q) Q. "tJ C) 0 oq:: - ~ Q) c (1/28/03) c: o '15 u o --' U " .0 ~ Cl. "if::t ~ II , ~EJ! ~I~~ 6! ~. H 01 . ~ ~ ~ 9:: 9:: i , \ I ii! ~ ~ :! Ol~ '" ~ :<I ~ 5 N N ~ ~ ! q . ~ .. ., ~ ~ ~ . ~ !'? . ~ N -I;' -& IWE . 8 . . d~~ .'~U1 n..:J~ ~n ,,~ ~1~V I ~ 'l E ~. 0 .. " ~s: ~ .. . &31 c: U~~! Exhibit 3 = " ~ ~ :! d ~ ~I~ ~ ci ~ ~ :; ;;j ~ ~I~ ~ ~~~~-~ 0011) ~N~~~~N ~ iHh ~~H Hn PFf~~1~8h iUH e.-.Ii.- -:3 Of':05I1)Q""Oa: d~ 1i;: H~:HqH.. --' ~ :I :I ~ a: u:.... IS: II:: 8- of Q. :t Z ! j3E~~J.~IJ Page 22 of 34 c/ ~ ::;-.$- -....c'"tJ c e .2 caCcaQ.) 10 " ~Q)-CI) 0 ...J Q)ED..O <:> C 0.. <D '0 Q)e. e It ::i! C>.2 Q ~ ...J ~ ~ Q) C ~ N ~EJ!2 ~!~-!~ ~! -I 6. . r-. ~>i\~ I I ...J I ...~~~~~ ~ N ~ N "" -~ -[ ~W3 ~ i .. ~-"""""i ~ i!~~ B.::S~ ri ii ~ "d~;:!;;~~~I~; ilL-~ :;;~ 1!;N~ ~N Ojr-='.i;' r ~i; ^ 5 1 H H q h~'" I ~ - Ii h i ~ it' t t i ~i " ~6~~~i ';.hH~o~ ~~ ~ ~~""" O':~<~."I~1 0: ~HH~ ]hH~hj.. p"'_~ ~~ .N~OL ~ t ,i ...~< r:i:: U ~ == 0 4. V,I Q. " . Exhibit 3 o~'(~~~ ....... <Ii>.... co f'! CI! "-; d; ;~~~-~ ./ ---:-=:--.'- /' i,' w ~ ~ ~ , '., (1/28/03) Page 23 oj 34 ..s- 0 L/- Excerptfor EastLake II SPA for Trails Neighborhood, Section Il2. 7.13, page VII-JO Table E Community Purpose Facility Acres for EastLake EastLake EastLake EastLake Total IT* 11* m Greens Trails (adopted Nei!!h** Nei!!h. GDP) Dwelling Units 3443 1143 2061 6647 CPF ac/du 0.004003 0.004003 0.004003 - - CPF Required (ae) 13.8 4.6 8.3 26.7 CPF Provided (ae) +5:-811.4 4.6 10.8 3+.+26.7 · EastLake I (North of Otav Lakes Road) is excludedfrom this table. .. Includes nronosed Land Swao amendment. (1/28/03) Page 24 of 34 L/ - c-7 EastLake III SPA Plan 'Revise Section 7 to reflect statistical and exhibit revisions due to change in CPF site #1. (1/28/03) Page 25 af 34 Lj-sg- Table D Community Purpose Facility Acres for EastLake EastLake EastLake EastLake Total 11* 11* III Greens Trails (adopted Neil!h** Nei!!h. GDP) DweUin!! Units 3443 1143 2061 6647 CPF ac/du 0.004003 0.004003 0.004003 - - CPF Required 13.8 4.6 8.3 26.7 (ac) CPF Provided t5-;8U.4 4.6 10.8 3t:-t26.7 (ac) * EastLake I (North of Otav Lakes Road) is excluded from this table. ** Includes nronosed Land Swan amendment. 11.2.7.13.3 Proposed CPF Sites The CPF master Plan provide a total of-3+t 26.7 acres in four three different sites. Exhibit 7, identifies the proposed CPF sites which are described in more detail below. Site 1 (Existing): Located in EastLake Greens,.I I'oliion ofthis t5:-8 11.4 acre site (12.2 a".,,~) has been conveyed to a religious institution for use as a place of worship. TI." ICh!ai'Jiu5 pOl6ou vftl1c o;t( J.6 d(,.1~" is GauGu!l] dvaiJa-Lk FOJ m....\.fui5~tion and 1.-1,:,\,.0 Fe! GUlluutlltity pUJpv.:'>c. fd(,~litk5 dJ!J is fLutlJCl dcsc.;b"d bdo,,",. Sitc 1 (I'dttl, c). Loeated;u EastL.lk" G.c"uo on tl1" "aot sidc ofLastLakc PaIk"1iJ, ootid! ofthc SDG&.E pOW"! Gdbl,.,lUGUt. Tll~" J.G c:\(,.lv "it(.. ib \...ullGut1y availd"Lk [\)1 aGyu~5itioll "-.Lid u5' [\)1. Gvuuutln~tJ ptllpObG faejIit;.:.o. Site 2: This CPF site is located within the Trails neighborhood and is proposed to conditionally permit little league ball fields for non-profit organizations serving the local community. The development of the site (4.6 acres) would be subject to the requirements outlined in the EastLake n 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 ill GDP and consists of 10.8 acres. The future Vistas SPA Plan will refine the exact location and acreage this site The sites identified on this Master Plan are, or will be, designated in the Planned Community District Regulations as "CPF" to insure their continued availability pursuant to city requirements. With the exception of CPF site Nos. 2 and 3, which will include little league ball fields as a conditional use permit, the above mentioned CPF sites could accommodate by conditional use permit the following land uses: (1/28/03) Page 26 of 34 c'/ - ~y Master Plan of Community Purpose Facilities Adopted ,-- , CPF Locations 11' Easttake Greens \.:..,I (Existing) O EastLake Greens (Future) e EastLake Trails e EastLake Vistas EaSllake II EaSllake II EaSlLake III Total Greens SPA Trails SPA GOP OweUlna UnilS 3443 1143 2061 6647 CPF Acres Reaulred 13.8 4.6 8.3 26.7 CPF At'" ProVided 15.8 4.6 10.8 31.1 EastLake 1 (not included) EastLake III - Woods Eastlake Trails EastLake III - Vistas ... E'ASTLAKE III A planned community by The EastLake Company \ IIL~/Uj) I'age 27 oj 34 Cin1i lond Plonnlng _DMop,c.o.ltlt)~1_~ ~~ 7/17/01 C;_~d .- -- .._..__._-_.~+-,----- _.,-,_.,,-,----+-._~._----~-_.- Master Plan of Community Purpose Facilities Proposed ,-- \ CPF locations o Eastlake Greens o EastLake Trails . EastLake Vistas EaS1Lake II EastLake II EaS1Lake III Total Greens Neigh Trails Neigh. GDP DwellinG Units 3443 1143 2061 6647 CPF Acres Required 13.8 4.6 B.3 26.7 CPF Acres Provided 11.4 4.6 10.8 26.7 EastLake III - Woods Eastlake Trails EastLake III . Vistas Eastlake Greens ~ E"ASTLAKE Cinti land Planning ....-....oC:.I.~I..,~... rn ~LJ 7-23-02 A planned community by The EsstL8ke Company (1/28/03) Page 28 of 34 ij-0/ EastLake II PC District Regulations . Revise Land Use Districts map to reflect shift of 4.4 acres ITom Public/Quasi-Public to Medium High Residential with no increase in dwelling units permitted. (See following exhibits). (1/28/03) Page 29 of 34 q' -&--r Land Use Districts Adopted 1"~ II ro RESIDENTIAl _EstaIM __Family __Family --ConcopI _AlaI $mol Lot Residential CondominiI.n R_ Planned Concept COrdornInIum PMJ.~l4i:dl cOndcmink.m R_ """"'amiIy R_""""'amlly VIlLAGE CENTER & COMMERCIAl Wage Center (Retail) Center (Prof Admin./Ltd. Retaff) C4W'IIer (Reteil) "- Ccmmen:IaI PA PI";. ul~.III&AdmHstrative BUSINESS CENTER ~_ CenIer. Manufacbtng..... D!s>Ict Bc.2 _CenIor'~_OIsIrid BC-3 Business Center ~ Core District ru ITIIIIJ Proposed Amendment Location ~fASTLAKE II A planned community by The EastLake Co. ~iulim __~L.c.J N"'i 5f1102 v (1/28/03 ) Page30 af 34 Lj-~3 ~"..' - ,.,._.~..,--- RESIDENTIAl Residential EsIaIes _ SIngle FamIy _SlngleFamAy - PIamodC<>ncel>l _ Small Lot -~ _ PIamod Concept _ C<JI1dcn1InUn CondomInIum -~amIy _l.4uIf.FamAy VIlLAGE CENTER & COMMERCIAl \Iibge Center (Refail) ViIage Center (Prof Admin./Lld. Retail) CenIw (Retail) F_ Commen:iaI PA F\' . ~1iIII & AdrnHstra6ve BUSINESS CENTER EiBI3uoI.- c......- -.--""'" DisOritt BC-2 BusIneoo Center- _.__-{J;Hjd BC-3 Business Center - Core District I l.. R'" ..J ~~"' A~.;:::t' os.Jto....:; "'-RCc22 I -"/-'", - .~~. ~ ~ ~ ~~ I I. .... .RP-13 ~ I ..~ ,,~'. . ,BC-' ~ \~. BC-. '-\~2 J!C.2'" ( \.). b-j~~~ I Be." '\\ t7 . ~ --= ""---'" '*' l RC-22 t \~\'}'/,{\'fo- Be-:;-~\J \\ ~7 RP-8 \\ / ~....." ,\\ . " ~~ I\VC-' ~~. ___ '---'..... .. VC-1 ~~ ~, II . .....::~(joe-),..,..../~'-1 y~ ~':/?:--- IIJ J (""->>~./ / d'''~ ~, 11 r-,i-.V:::..l!Jf' ;~lr~/l ~~:=-- ~ PA 111f.~ /k,*",,::':> i I e~4~=-~'os.. ~-;:::/ , I' ,-~n~ V" I ~...J Rs.5 "II 1'....,,1.. R507 I........ If, ~ \ ---..1 03-8 II~.... r--. oS-) I os.... :~-y:~........ ~'";=" IP-t IRI;-~~ ow Jk~lI-.... ~'~........-;lvos-41(~;r=:::- " If--1I I. I' ~ :-. '~~ I . ~r', 1/ 0S-4 't,"'t I RS-H Rs-i\. \.",.~~ ~ RS-5,f" 'I '" .......,...., ,/-:-r\\ \ \~, r--. '~~-:"'~~.f' I . ~l PO I \~, , \ '"",,~ Q I ~L::~~I1. (RC-1~~Q \ \ ) RS-:') '-lr1 RS-5 I ~7 :', .,~V ~~RS-' \ I I / ~\ ~::- ~ q ~"'M.25' ,Os-4~.., i' l.L.--'i'?- \\...;:.........-- ~..~ FC \'\ '\... ~~ \ ~-# RP-13 ) 0$-1 :\ '\..." ~ -.... 4....... "- ! I :-.. ',~ '" ~r="'" \.,;:;-.:.<'\'\. . ',~ " "pg.. 7 ~'" .1 i~ '" \\ RM-""" I ..e.10 /, ~ <::,9 ".... II ',',J _....... .....:.......v\. OS"3.........~ -...-::::..--~ Land Use Districts Proposed SPECIAl PURPOSE Open- """"- Open - Open- Open- Open- - Uo-.DaIric;I ~Dis1rict eommur;oy Purpose- GuosIHousellr1d Use Dis1rict 0Y0I1ay .._ U.3D.. PCDIsI. Regs) ITIIIIJ Proposed Amendment Location ~EASTLAKE II A planned community by The EastLake Co. ~m __~L....J rlJi7123102 v (1/28/03) Page 31 of 34 '1- ~f7 EastLake Greens Neighborhood Design Guideline Supplement for "Land Swap" Area . Revise and update Design Guidelines Exhibit for Parcel R-9 to reflect changes. (See following exhibits) (1/28/03) Page 32 oj 34 c/-0.$~ 00 ~ [OJ )SJ 00 Major Vehicular Entry Parcel R-9 Adopted Interior Pad I Vehicular Connection Neighborhood Slgnage Pedestrian Trail SDGE and I or SDCWA Easement No Permanent Structures Permitted. other Uses subject to Easement Restrictions ~ SDGE and lor SDCWA Easement ~l/o<.~4 Scenic Buffer ~ _Exterior Slope Planting o N ~ .4E"ASTLAKE GREENS A Planned Community in the City of Chula Vista ~inti Land Planning .:,.,,., \'k'U'.c.. ,~I"1 :".7 j.". (1/28/03) Page33 of 34 4"-&>~ Parcel R-9 Proposed / 00 MajorVehlcular Entry ~ Interior'Pedl ~ Vetilwlar Conntictlon IaJ Ne1ghborhood SlgnagO s:J Conceptual Location of Pedestrian Trail ~ SDGE and I Of SOCWA Easement ~ No Permanent Structures PermjUed. ,.. .., Other Uses subject to Easement RestrictIQns ~ SDGE and I or SDCWA Easement ~\~~]n~ $centc Buffer ~EXterior ~ Slope P\anting R-20 ~ \,~ ~'(~~ \,vr() .. \~ '~ \ ) : < \ .J ' / Pedestrian Connections to Trail System arid Park P-3 .s E'ASTLAKE GREENS A Planned Community in the City of Chula VISta Cinti land Planning r;:r;nl ~ (1/28/03) Page 34 oj 34 t/-~ ;/ ATTACHMENT 5 ADDENDUM t:./ -~ 2< ~~- ADDENDUM TO FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT Em 86-04 AND FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT EIR 97-04 PROJECT NAME: EastLake Landswap Residential Project PROJECT LOCATION: Southwest of the existing EastLake Greens community and north of Otay Ranch Planning Area 12. The 69.4-acre site is bordered on the north by the EastLake Greens residential community, on the west by future EastLake Parkway, on the south by the future alignment of Olympic Parkway, and on the east by an existing utility corridor. PROJECT APPLICANT: The EastLake Company, LLC CASE NO: IS-03-009 DATE: February 19, 2003 I. BACKGROUND/SCOPE OF ANALYSIS A Supplemental Environmental Impact Report (EIR 86-04) for the EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-zone and Annexation was certified on July 1989. EIR 86-04 addressed a detailed SPA plan for the mixed use of 830.5 acres of the EastLake Greens community and prezoning and annexation of the EastLake Trai]s to the City of Chula Vista's Sphere of Influence. A Subsequent Environmental Impact Report (EIR 97-04) for the EastLake Trails/Greens Rep]anning Program was certified in November 1998. EIR 97-04 addressed the discretionary actions required to incorporate the approximately 100-acre "Southem Landswap Parcel" into the EastLake Greens SPA Plan. The environmental impacts of developing the subject site have been previously analyzed in these prior EIRs. Specifically, the physical impacts of developing the 4.4-acre portion of the site are evaluated in EastLake Greens SPA PlanlEastLake Trails Pre-zone and Annexation Final Supplemental EIR (EIR 86-04) and are hereby incorporated by reference. The General Plan and General Development Plan (GDP) land use designation for this portion of the site is Public/Quasi-Public, and the SPA identifies this portion of the site for Community Purpose Facility (CPF) use. EIR 86-04 assumed development of the 4.4-acre parcel with a CPF use. According to the EastLake II Planned Community District Regulations, CPF uses that could conditionally be permitted on the site include, but not be limited to, such uses as recreation facilities, day care and worship facilities, senior care facilities, facilities for the homeless, etc. Addendum 10 EIR 86-04 and EIR-97..{)4 02119/03 ~-0Y The physical impacts of developing the remaining 65-acre portion of the site (residential portion of the "Southern EastLake Landswap") were evaluated in the EastLake Trails/Greens Replanning Program Final Subsequent EIR (EIR 97-04) and are hereby incorporated by reference. The analysis in this EIR assumed development of the site with 75Q dwelling units (du) at a target density of 1 1.5 du/acre. No change to the planned development of the southern 65-acre portion of the site is being proposed other than to extend the residential development into the adjacent 4.4 acre parcel discussed above (see Proposed Project Description below), Applicable measures nom the Mitigation Monitoring and Reporting Programs (MMRPs) associated with both EIR 86-04 and EIR 97-04 are sti11 valid and applicable to this project. Because the physical development of the entire 69.4 acre site (4.4 acre parcel and 65 acre parcel) have been previously addressed in certified EIRs, no further analysis of physical features of the site is necessary. Thus, this Addendum focuses on the proposed land use change for the 4.4-acre portion of the site ITom Public/Quasi Public to Medium High Residential. II. THE PROPOSED PROJECT The proposed project involves a 69.4-acre site within the EastLake Greens community. The site currently includes a 4.4-acre parcel in the northern portion of the site that is designated Public/Quasi Public and a 65-acre parcel (portion of the "Southem Landswap Parcel") that is designated Medium High Residential (I 1- 18 du/ac) in the EastLake II General Development Plan (GDP) and SPA Plan. The proposed project involves an amendment to the adopted City of Chula Vista General Plan and pertinent implementing plans to change the land use designation on the 4.4-acre parcel ITom Public/Quasi-Public to Medium High Residential. In doing so, the existing boundary of the Medium High Residential land use category would be moved, and the entire 69.4-acre project site would be designated Medium High Residential use. While the acreage for residential development would increase, there would be no increase in the currently allowed number of dwelling units for the site (750 dwelling units permitted). The proposed elimination of the CPF use, would result in a net reduction in the development intensity allowed on the site, as seen below: A roved Develo ment 750 Medium High density residential units on 65 acres 4.4 acres of CPF use Pro osed Develo ment 750 Medium High density residential units 69.4 acres In accordance with the City of Chula Zoning Ordinance, the Planned Community Zone requires that all land in the PC zone provide a minimum of 1.39 acres of land per 1,000 persons for community purpose facilities. Based upon this ordinance, the CPF acreage required for the EastLake ]] and EastLake ill developments is 26.7 acres. The applicant (The EastLake Company) has provided the following CPF acreage: EastLake II Greens 15.8 acres, EastLake II Trails 4.6 acres, EastLake III 10.8 acres for a total of 31.2 acres. Thus, the applicant has provided 4.5 more CPF acreage than required. The proposed reduction of 4.4 acres of CPF use would stiJl be in compliance with the Planned Community Zone. Addendum to EIR 86-04 and EIR~97-04 02/1 9/03 2 L/- /,6 An affordable housing project for 150 residential units is being considered for the northern six acres of the site at a density consistent with the remainder of the site. The EastLake Comprehensive Affordab]e Housing Program (approved by City Council November 24, 1998) identifies the residential component of the "Southem Landswap Parce]" as one of four low income housing sites. Thus, the proposed affordable housing project would be in compliance with the EastLake Comprehensive Affordab]e Housing Program. The affordable housing plans will require review and approval by the City of Chula Vista's Design Review Commission. A related application is the tentative subdivision map application for the entire 69.4-acre site that would allow for the site to be divided into four developable lots. As discussed previously, the affordable housing project would be located on the northern six-acre lot (Lot I) of the site. No residential projects are currently being proposed for the southern three lots. As with the affordable housing project, design review of the future residential projects on the southern three lots will be required. III. CEQA REQUIREMENTS Sections ]5162 through 15]64 of the State CEQA Guidelines discuss a lead agency's responsibilities in handling new information that was not included in a project's certified environmental document. Section] 5162 of the State CEQA Guidelines provides: (a) When an ErR has been certified or a negative declaration adopted for a project, no subsequent ErR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (I) Substantial changes are proposed in the project which will require major revisions of the previous ErR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous ErR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous ErR was certified as complete or the negative declaration was adopted, shows any of the following: a. The project will have one or more significant effects not discussed in the previous ErR or Negative Declaration; b. Significant effects previously examined will be substantially more severe than shown in the previous ErR; Addendum 10 EIR 86-04 and EIR-97"()4 02119/03 3 q/- ?' / c_ Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. As discussed in Section IV below, the proposed project would not result in new significant impacts or an increase in severity of the impacts identified in EIR 86-04 and 97-04. No new information of substantial importance has been identified that was not known and could not have been known at the time the EIR was prepared. Further, the proposed project does not change the analysis and conclusions in EIRs 86-04 and 97-04. Pursuant to Section 15164 of the State CEQA Guidelines, a lead or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. This Addendum to the Supplemental Environmental Impact Report (EIR 86- 04) for the EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-zone and Annexation and Subsequent Environmental Impact Report (EIR 97-04) for the EastLake Trails/Greens Replanning Program has been prepared in accordance with the requirements of the City of Chula Vista Environmental Review Procedures and Section 15164 of the State CEQA Guidelines. This Addendum addresses the proposed change in land use for a 4.4-acre site located north and adjacent to the Southern Landswap Parcel and makes only a minor technical change or addition that is necessary to make the EIR 86-04 and 97-04 adequate under CEQA. The Addendum need not be circulated for public review but will be attached to the EIRs (State CEQA Guidelines, 915164(c)). IV. ANALYSIS An Environmental Checklist Form was completed for the proposed project. The conclusion of the analysis is that the proposed project would not result in a physical change to the environment that was not previously addressed in EIR 86-04 and 97-04. The proposed land use change would not add or intensifY the environmental impacts identified in those EIRs. The proposed project would not increase residential units beyond what has been previously analyzed in EIR 97-04. The proposed project essentially eliminates the Public/Quasi Public use without replacing it with additional development potential. Therefore, the analysis in EIR 86-04 addresses a more intense use of the 4.4-acre site and thus represents a worst case analysis development potential for that site. No new mitigation measures are required. A copy of the checklist is attached. V. CONCLUSION Pursuant to Section 15164 of the State CEQA Guidelines, and. based upon the substantial evidence in the record supporting the above discussion, I hereby find that the proposed change in Addendum to E1R 86-04 and EJR-97-D4 02/19/03 4 ~- ::7--1 land use will result in only minor technical changes or additions which are necessary to make the Supplemental Environmental hnpact Report (EIR 86-04) for the EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-zone and Annexation and Subsequent Environmental hnpact Report (EIR 97-04) for the EastLake Trails/Greens Replanning Program adequate under CEQA. ~~t~~~ Environmental Review Coordinator References: . City of Chula Vista Environmental Review Procedures . EastLake Greens SPA Plan and EastLake Trails Prezone and Annexation Final Supplemental EIR (EIR 86- 4), certified June 1989 . EastLake Trails/Greens Replanning Program Final Subsequent EIR (EIR 97-04), certified November 1998 . EastLake II General Development Plan, adopted July 23, 2002 . EastLake III General Development Plan, adopted July 17, 2001 . EastLake II Sectional Planning AIea Plan, adopted May 7, 2002 . EastLake III Sectional Planning Area Plan, adopted July 17, 200 I Attachment: Environmental Checklist Addendum 10 EIR 86-04 and EJR-97-Q4 02119103 5 ~-/d -. Case No.IS-03-009 ENVIRONMENTAL CHECKLIST FORM 1. Name of Proponent: The EastLake Company Contact: Guy Asaro 2. Lead Agency Name and Address: City of chula Vista 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: 900 Lane Avenue, Suite 100 Chula Vista, CA 91914 (619) 421-0127 4. Name of Proposal: EastLake Landswap Residential Project 5. Date of Checklist: February 19,2003 Project Description: The proposed project involves a 69.4-acre site within-the EastLake Greens community. The site currently includes a 4.4-acre parcel in the northern portion of the site that is designated Public/Quasi Public and a 65-acre parcel (portion of the "Southern Landswap Parcel") that is designated Medium High Residential (I 1-18 du/ac) in the EastLake II General Development Plan (GDP) and SPA Plan. The proposed project involves an amendment to the adopted City of Chula Vista General Plan and pertinent implementing plans to change the land use designation on the 4.4-acre parcel from Public/Quasi-Public to Mcdium High Residential. In doing so, the existing boundary of the Medium High Residential land use category would be moved, and the entire 69.4- acre project site would be designated Medium High Residential use. While the acreage for residential development would increase, there would be no increase in the currently allowed number of dwelJing units for the site (750 dwelling units permitted). The proposed elimination of the CPF use, would result in a net reduction in the development intensity allowed on the site, as seen below: Approved Development Proposed Development Poten tial Poten tial 750 Medium High density 750 Medium High density residential units on 65 acres residential units 69.4 acres 4.4 acres ofCPF use None Page- I L/-;7~ ill accoruance wnn me LilY 01 LnUla LOllIng uramance, the YJannea commumty Lone reqUIres that all land in the PC zone provide a minimum of 1.39 acres ofland per 1,000 persons for community purpose facilities. Based upon this ordinance, the CPF acreage required for the EastLake II and EastLake ill developments is 26.7 acres. The applicant (The EastLake Company) has provided the following CPF acreage: EastLake II Greens 15.8 acres, EastLake II Trails 4.6 acres, EastLake ill 10.8 acres for a total of 31.2 acres. Thus, the applicant has provided 4.5 more CPF acreage than required. The proposed reduction of 4.4 acres of CPF use would stilI be in compliance with the Planned Community Zone. An affordable housing project for 150 residential units is being considered for the northern six acres of the site at a density consistent with the remainder of the site. The EastLake Comprehensive Affordable Housing Program (approved by City Council November 24, 1998) identifies the residential component of the "Southern Landswap Parcel" as one of four low income housing sites. Thus, the proposed affordable housing project would be in compliance with the EastLake Comprehensive Affordable Housing Program. The affordable housing plans will require review and approval by the City of Chula Vista's Design Review Commission. A related application is the tentative subdivision map application for the entire 69.4-acre site that would allow for the site to be divided into four developable lots. As discussed previously, the affordable housing project would be located on the northern six-acre lot (Lot I) of the site. No residential projects are currently being proposed for the southern three lots. As with the affordable housing project, design review of the future residential projects on the southern three lots will be required. The analysis in this Initial Study Checklist is based on the following facts: The physical impacts of developing the 4.4-acre portion of the site are evaluated in EastLake Greens SPA Plan/EastLake Trails Pre-zone and Annexation Final Supplemental EIR (EIR 86-04) and are hereby incorporated by reference. This EIR assumed development ofthe 4.4-acre parcel with a Commuruty Purpose Facility (CPF). According to the EastLake II Planned Community District Regulations, the CPF District could conditionally include, but not be limited to, such uses as recreation facilities, day care and worship facilities, senior care facilities, facilities for the homeless and military personnel during the holidays, etc. The physical impacts of developing the remaining 65-acre portion ofthe site (residential portion of the "Southern EastLake Landswap") were evaluated in the EastLake Trails/Greens Replanning Program Final Subsequent EIR (EIR 97-04) and are hereby incorporated by reference. The analysis in this EIR assumed development of the site with 750 dwelling units (du) at a target densityofll.5 du/acre. No change to the planned development of the southern 65-acre portion ofthe site is being proposed other than to expand the residential development the northern 4.4 acres of the site. Applicable mitigation measures rrom the MMRPs associated with both EIR 86-04 and EIR 97-04 are still valid and applicable to this project. Because the physical development of the entire 69.4 acre site (4.4 acre parcel and 65 acre parcel) have been previously addressed in certified EIRs, no further analysis of physical features ofthe site is necessary. Thus, this checklist focuses on the proposed land use change for the 4.4-acre portion of the site ITom Public/Quasi Public to Medium High Residential. Page - 2 ij- ;/ S- PotentbOy SipUrlC3Dt Im_ Potmtially SigBilkaJlt Un'- Midpted Less tbaD -.. Impod N. Im_ I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? o o lEI o b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? o o o lEI c) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? o o o lEI d) Disrupt or divide the physical arrangement of an established community (including a Iow- income or minority community)? o o o lEI Comments: . a) The proposed project involves a change in the General Plan land use designation of the northern 4.4 acres ofthe site ITom Public/Quasi Public to Medium High Residential. This would result in a loss of CPF acreage. In accordance with the City of ChuIa Zoning Ordinance, the 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. Based upon this ordinance, the CPF acreage required for the EastLake 1I and EastLake ill developments is 26.7 acres. The applicant (The EastLake Company) has provided the following CPF acreage within the EastLake community: EastLake 1I Greens 15.8 acres, EastLake 1I Trails 4.6 acres, EastLake ill 10.8 acres for a total of 31.1 acres. Thus, the applicant has provided 4.4 more CPF acreage than required. Therefore, the proposed reduction of 4.4 acres ofCPF use would still be in compliance with the Planned Community Zone. An affordable housing project for 150 residential units is being considered for the northern six acres of the site at a density consistent with the remainder of the site. The EastLake Comprehensive Affordable Housing Program (approved by City Council November 24, 1998) identifies the residential component of the "Southern Landswap Parcel" as one of four low income housing sites. Thus, the proposed affordable housing project would be in compliance with the EastLake Comprehensive Affordable Housing Program. The affordable housing plans will require review and approval by the City ofChula Vista's Design Review Commission. Thus, with the proposed General Plan Amendment and amendments to applicable implementing plans, the proposed project would not conflict with the general plan designation or zoning. Page - 3 Lj- ;7do The proposed modification of the northern 4.4 acres of the site from Public/Quasi Public to Medium High Residential use would be compatible with adj acent land uses. Residential uses are currently located to the north and east. Development of the parcel will become part of the Medium High Residential use approved to the south. An existing water storage reservoir is located west of the 4.4-acre site across from EastLake Parkway. The timk is partially buried, and is not visible from the east. The eastern fayade of the tank is hidden by a series of landscaped berms and retaining walls. The location of additional residential uses to the east ofthis facility would not result in a significant land use impact. In addition, access to the 4.4-acre parcel relates to the Medimn High Residential parcel to the south. There would be common access to the site, which will be EastLake Parkway. An 80-foot wide utility easement for the San Diego Second Aqueduct and a San Diego Gas and Electric 230 k V transmission line easement (120 feet wide), which runs parallel to the easement, would be located adjacent and east of the proposed residential development. The EastLake Greens SPA designates this corridor "OS-5" adjacent to the 4.4-acre parcel. The Design Guidelines specifically address edge treatment along this utility corridor. The guidelines encourage the blending oflandscaping ofthe residential area with the naturalized landscaping of the utility corridor to avoid a "hard brown edge" and the incorporation of neighborhood trail linkages within the easement. Thus, through compliance with the Design Guidelines, the corridor would be an integrated feature within the residential community. Residential uses in proximity to utility corridors occur throughout the region. There is no existing evidence to indicate that land use incompatibility issues would result from residing in proximity to utility corridors. Lot 1 of the proposed TM would include the affordable housing project which is proposed as multi-family apartments. Existing affordable multi-family use is adjacent and to the northeast of the site. To the immediate west is EastLake Parkway and the OWD reservoir. To the southwest is the EastLake Terraces commercial development. The site is bordered on the east by the aforementioned 200- foot utility easement. Across (to the east) the easement and at a higher elevation are a church and the western fiinge of the EastLake Greens single-family residential community. To the south will be future multi-family residential development. This use on the six-acre, triangular lot would be not be incompatible with these adjacent uses. b) No environmental plans or policies govern the site. c) & d) See EIRs 86-04 and 97-04. a) Cumulalively exceed official regional or local population projections? Pot~Ddally Potmtb1Jy Signi,fjaDt ....."'.. S"JgJ1ificaJl' Uok" Sipifiaot No Im_ Mitigatrd Impact ""- 0 0 0 00 0 0 0 00 11. POPULATION AND HOUSING. Would the proposal: b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? o o o 00 Page. 4 ij - // \......ommenlS: a), & b): The proposed land use change for the northern 4.4 acres would not increase the residential units permitted on the parce1. Therefore, there would be no change in residential population projections for the site. The proposed project site is planned for development, and inrrastructure is provided to the site or is planned. c): No housing currently exists on the site. Affordable housing is proposed for the northern six acres of the site. See also Ems 86-04 and 97-04. htmtbllJ PottDtiaDy 51""- La. .... -.. u..... Sipilk.aJd No 111. GEOPHYSICAL. Would the proposal result in - Mitiplt4 - - or expose people to potential impacts involving: a) Unstable earth conditions or changes in 0 0 0 (j5] geologic substructures? b) Disruptions, displacements, compaction or 0 0 0 (j5] overcovering of the soil? c) Change in topography or ground surface relief 0 0 0 (j5] features? d) The destruction, covering or modification of 0 0 0 (j5] any unique geologic or physical features? e) Any increase in wind or water erosion of 0 0 0 lID soils, either on or off the site? t) Changes in deposition or erosion of beach 0 0 0 (j5] sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay inlet or lake? g) Exposure of people or property to geologic 0 0 0 (j5] hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Comments: a)-g) The proposed land use change would expose people to seismic shaking in the event of an earthquake. However, this impact is no more severe than the exposure of people to such an event if the site was developed with a public/quasi public facility. See EmS 86-04 and 97-04. a) Changes in absOl}Jtion rates, drainage patterns, or the rate and amount of surface runoff? PoIentbll} PotmtbDy Sipil"KJllI1 La. tha. Slpillka.. u..... 51_ N. Impod Mitigaled Impod Impad 0 0 0 (j5] IV. WATER. Would the proposal result in: Page. 5 <<-;757 -.- -.--.--.--....----.--.---- b) Exposure of people or property to water related hazards such as flooding or tidal waves? c) Discharge into surface waters or other alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any water body? e) Changes in currents, or the course of direction of water movements, in either marine or fresh waters? f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? g) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? i) Alterations to the course or flow of flood waters? j) Substantial reduction in the amount of water otherwise available for public water supplies? Comments: o o o !&J o o !RI o o o o !RI o o o !RI o o o !RI 0 D_ O !&J 0 0 0 !RI 0 0 0 !RI 0 0 0 !&J c) The proposed land use change from Public/Quasi Public to Residential use would not result in additional or more severe impacts to water quality than was previously analyzed in EIRs 86-04 and 97-04. The project would be conditioned to comply with the City's Standard Urban Storm Water Mitigation Plan (SUSMP), which was adopted by the City after certification of both EIR 86-04 and EIR 97-04. Requirements of the SUSMP are more stringent than the water quality requirements placed upon the project at the time the EIRs were certified. a), b), d)-j): See EIRs 86-04 and 97-04. V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? Page - 6 Potenwlly Pot('DliaDy Sia;:ollkaDI usstbn SigniJk:aJJ1 u..... Sip1if>>eaDt No Im_ Mitigated 1m.." Im_ 0 0 0 !RI o o o !&J c;-- /'7 -. c) Alter air movement, moisture, or temperature, or cause any change in climate, either locally or regionally? o o o !RI d) Create objectionable odors? o o o !RI e) Create a substantial increase in stationary or non-stationary sources of air emissions or the deterioration of ambient air quality? o o o !RI Comments: a)-e): The proposed land use change from Public/Quasi Public to Residential use would not result in additional or more severe impacts to air quality than was previously analyzed in EIRs 86-04 and 97-04. Residential use typically does not result in significant objectionable odors. No increase in units is proposed, thus there would be no increase in mobile source emissions. In fact, the net result of the proposed land use change would be the elimination of the Public/Quasi Public use. The proposal would result in less trips than planned due to the elimination of the use and less mobile source emissions. See EIRs 86-04 and 97-04. Potentiaoj Potnltially Signif"ICIDI LES5thall Significant U""'" Signifka.Dt N. VI. TRANSPORT A TION/CIRCULA TION. Would 1m",,, Mjllg:lfed 1m",,, Impact the proposal result in: a) Increased vehicle trips or traffic congestion? 0 0 0 !RI b) Hazards to safety from design features (e.g., 0 0 0 !RI sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to 0 0 0 !RI nearby uses? d) Insufficient parking capacity on-site or off- 0 0 0 !RI site? e) Hazards or barriers for pedestrians or 0 0 0 !RI bicyclists? f) Conflicts with adopted policies supporting 0 0 0 !RI alternative transportation (e.g. bus tumouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? 0 0 0 IRI h) A "large project" under the Congestion 0 0 0 !RI Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) Page - 7 L/ - Fe) Comments: a)-h): The proposed land use change from Public/Quasi Public to Residential use would not result in additional or more severe impacts to transportation than was previously analyzed in EIRS 86-04 and 97-04. The proposed land use change from Public/Quasi Public use to Residential would not result in an increase in trip generation because no increase in dwelling units is proposed. In fact, the net effect of the proposed project is that the Public/Quasi Public use would be eliminated and not replaced with an additional use. Thus, there would be less trips generated than previously assumed in EIR 86-04. A maximum of750 dwelling units would be permitted on the 69.4-acre site as analyzed in EIR 97-04. Also see EIRS 86- 04 and 97-04. VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, sensitive species, species of concern or species that are candidates for listing? b) Locally designated species (e.g_, heritage trees)? c) Locally designaled natural conununities (e.g., oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g_, marsh, riparian and vemal pool)? e) Wildlife dispersal or migration corridors? f) Affect regional habitat preservation planning efforts? Comments: Poteutian, SipilkaDt Impa.. PolentbDy Signilkaoa u..... Mitlpfed N. Impa.. Uss lhaa SigniJicant Im_ o o o 00 0 0 0 00 0 0 0 00 0 0 0 00 0 0 0 00 0 0 0 00 The proposed land use change from Public/Quasi Public to Residential use would not result in additional or more severe impacts to biological resources than was previously analyzed in EIRs 86-04 and 97-04. See EIRs 86-04 and 97-04. V111, ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? Page - 8 PotentiaDy SigaifiuDt Impa.. PIIIII'II.bD, Sicnificaol U..... Mitigated N. Impact Les5 tJaall Significant Impact o o o !RI o o o 00 cj- '21/ UJ 'J'-''- U"-'" ''-'''-HU~n...... "'-''-''V''''-''-'-' ...... "~_"'-"'" uu~ inefficient manner? c) If the site is designated for mineral resource protection, will this project impact this protection? o o o [1il Comments: a)-c): The proposed land use change fi:om Public/Quasi Public to Residential use would not result in additional or more severe impacts to energy and mineral resources than was previously analyzed in ElRs 86-04 and 97-04. The future residential projects would be designed to meet or exceed all applicable energy efficiency regulations. See ElRs 86-04 and 97-04. PotnltbDy Po1fl1liaUy SJpi/i<>Dt .......... SipilliaDI Unless S".pifknt No IX. HAZARDS. Would the proposal involve: Imp'" Mitigaled Impod Impod a) A risk of accidental explosion or release of 0 0 0 [1il hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency 0 0 0 [1il response plan or emergency evacuation plan? c) The creation of any health hazard or potential 0 0 IRl 0 health hazard? d) Exposure of people to existing sources of 0 0 IRl 0 potenlial health hazards? e) Increased fire hazard in areas with flammable 0 0 0 IRl , brush, grass, or trees? -' Comments: . a)-e): The proposed land use change fi:om Public/Quasi Public to Residential on the 4.4 acres would not expose people to a risk of accidental explosion or release of hazardous substances nor would it interfere with an emergency response plan or emergency evacuation plan. An 80-foot wide utility easement for the San Diego Second Aqueduct and a San Diego Gas and Electric 230 kV transmission line easement (120 feet wide), which runs parallel to the easement, would be located adjacent and west of the residential development. These utility easements are located adjacent to other residential development within the EastLake Greens community and throughout the region. There is no existing evidence to indicate that health hazards could result !Tom residing in proximity to utility corridors. The majority ofthe site is graded; thus there is limited flammable vegetation onsite. See also ElRs 86-04 and 97-04. Page - 9 ij - rz-;< ...._..M_m_~.._.__._ "'.' _"""_'__'_"___ a) Increases in existing noise levels? .....~..-.... PotmtlaD;r SIpificm' 1= Ih>. Si~t u.nss SignifkaDI No Impa" MiIip... Impaa Im_ 0 0 0 IR1 0 0 0 IR1 X. NOISE. Would the proposal result in: b) Exposure of people to severe noise levels? Comments: a)-b): The proposed land use change ITOffi Public/Quasi Public to Residential use would not result in additional or more severe impacts to noise than was previously analyzed in EIRs 86-04 and 97-04. The proposed land use change ITOffi Public/Quasi Public to Residential on the 4.4- acre site would not increase noise levels onsite nor expose people to severe noise levels. The proposed affordable housing project as well as future residential projects in Lots 2, 3 and 4 win be conditioned to provide an acoustical study that verifies conformance with the indoor and outdoor noise standards in the EastLake II Planned Community District Regulations (45 dbA interior and 60 dbA exterior). See also EIRs 86-04 and 97-04. Xl. 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: rot~Dtla1ly Signifkant Impa" Pol~nllan, SipifiOJlt v..... Mitigall.d Le5s thaD Significant Impact No Impa" a) Fire protection? o o o IR1 b) Police protection? o o o IR1 c) Schools? o o o IR1 d) Maintenance of public facilities, including roads? o o o IR1 ) e) Oilier governmental services? o o o IR1 Comments: a)-e): The proposed land use change ITom Public/Quasi Public to Residential use would not result in additional or more severe impacts to public services than was previously analyzed in EIRs 86-04 and 97-04. The proposed land use change ITom Public/Quasi Public to Residential would not result in a significant impact to public services because there would be no increase in development density or intensity over that currently allowed. In fact, as noted previously, the net effect of the proposed project is the elimination of the Public/Quasi Public use thereby eliminating the associated demand on public services. See also EIRs 86-04 and 97-04. Page - 10 0/" - <63 XII. Thresholds. Will the proposal adversely impact the City's Threshold Standards? potruLialIJ . PoIatiaDy S"1pifiao'" '-"'..~ Sil:DilkaDt Unks> -- 1m_ Mitlptt"tl Impact 0 0 0 No Import o As described below. the proposed project does not adversely impact any of the seven Threshold Standards. PoteudaDy Pol......,. SI_ Laathn Sipillauat Unks> SI_ No Impad MitJptt'd Impad Import a) Fire/EMS 0 0 0 0 The Threshold Standards requires that fire and medical units must be able to respond to cans within 7 minutes or Jess in 85% of the cases and within 5 minutes or less in 75% of the cases. Poten'laDy PotrDtbDy SipUkut L63lhaJI SignYkanl Unl~ SignifJCa.a. No Imp:Kt Mhigatt'4 Impact Imp... b) Police 0 0 0 0 The Threshold Standards require that police units must respond to 84% of Priority 1 calls within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. Pott'DtiaDy Pot('ptiaU, Sip.ificaul Uss thaa Significinl Unless SignificaDt No Impact Mitigated Impact Impact C) Traffic 0 0 0 0 The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "en or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Intersections west of 1-805 are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "En or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard PutrnllaDy PotentiaOy Sipillk:ud ~lblUl SipllkaDt u...... Si&Difkut No Impad Millgat~ Impad Impod d) Parks/Recreation 0 0 0 0 The Threshold Standard for Parks and Recreation is 3 acres/I ,000 population. Page -II L/ -CZ'rf/ '''-<~''''--~..-. - -,--,--------- PDt~tbDy """'..., S'tpailiamt ......... ~.I lJDkg S'rpailkant No Impart Mjtipled Impart Impart e) Drainage 0 0 0 [jg 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 Planes) and City Engineering Standards. The proposed project will comply with this Threshold Standard. ........, hlenlially SlgaificII..t Le:sslha. Sipiftc3.. U""" 51_ No ImpHt Mitigaled Impart Impart f) Sewer 0 0 0 [jg The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Plan(s) and City Engineering Standards. The proposed project will comply with this Threshold Standard. Potentially POIE"nliaDy Si&nilicnt Less thaD Significanl UnJeS$ Signilk:ml No hnpaCl MiligalE"d hnparf ImpHt g) Water 0 0 0 [jg The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. The proposed project will comply with this Threshold Standard. Applicants may also be required to participate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building pennit issuance. Comments: a)-g): The proposed land use change fi-om Public/Quasi Public to Residential use would not result in additional or more severe impacts to the City's Thresholds than was previously analyzed in EIRs 86-04 and 97-04 because there would be no increase in development density or intensity over that which is currently permitted. In fact, as noted previously, the net effect ofthe proposed project is the elimination of the Public/Quasi Public use thereby eliminating the associated demand on pubJic services, utilities and infi-astructure. See also EIRs 86-04 and 97-04. XIII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: PolebtiaUy Sieuilkant Impact PDtnalially Sipiftc..aJtI U""" Miligale' .......... SipifkaDt Impart No Impact Page - 12 c/ - 57s- a) Power or natural gas? U U U lli.I b) Communications systems? 0 0 0 [ji] c) Local or regional water treatment or 0 0 0 [ji] distribution facilities? d) Sewer or septic tanks? 0 0 0 [ji] e) Storm water drainage? 0 0 0 [ji] f) Solid waste disposal? 0 0 0 [ji] Comments: a)-I): The proposed land use change ITom Public/Quasi Public to Residential use would not result in additional or more severe impacts to public utilities and service systems ilian was previously analyzed in EIRs 86-04 and 97-04 because there would be no increase in development density or intensity over that which is currently permitted. In fact, as noted previously, the net effect ofilie proposed project is the elimination of the Public/Quasi Public use thereby eliminating ilie associated demand on utilities and service systems. See also EIRs 86-04 <!nd 97-04. Potentially Pote'PtialJy Siemfiont Less tbal;l Significant Unkss Si.gnilkant N. XIV. AESTHETICS. Would the proposal: Impo" Miligattd Impad Impart a) Obstruct any scenic vista or view open to the 0 0 0 [ji] public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destruction or modification of a 0 0 0 [ji] scenic route? c) Have a demonstrable negative aesthetic effect? 0 0 0 [ji] d) Create added light or glare sources that could 0 0 0 [ji] increase the level of sky glow in an area or cause this project to fail to comply with Section 19.66.100 of the Chula Vista Municipal Code, Title 19? e) Produce an additional amount of spill light? 0 0 0 [ji] Comments: a)-e ):The proposed land use change ITOm Public/Quasi Public to Residential use would not result in additional or more severe visual impacts than was previously analyzed in EJRs 86-04 and 97- 04. No scenic corridors are located adjacent to the 4.4-acre site. The residential development of Page - 13 C/- fT0 thIS portIon 01 tl1e SIte, along WItn tne reInaInoer 01 Lnc t:'..aSlLaKe L,Uluswav .f\.I;SJUt::lHlill r IVJI.;\..-l site, would be subject to Design Review in accordance with the EastLake Greens SPA Design Guidelines and Supplement for LandSwap Area (November 1998). See also EIRs 86-04 and 97- 04. PoteJltiaDJ Potenlially _DI Lao .... XV. CULTURAL RESOURCES. Would the - """"" SIpIJIcm. No proposal: Impad Milipled Im_ - a) Will the proposal result in the alteration of or 0 0 0 00 the destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse physical or 0 0 0 00 aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to cause a 0 0 0 00 physical change which would affect unique ethnic cultural values? d) Will the proposal restrict existing religious or 0 D- O 00 sacred uses within the potential impact area? e) Is the area identified on the City's General Plan 0 0 0 [RJ EIR as an area of high potential for archeological resources? Comments: a)-e): The proposed land use change from PubJic/Quasi Public to Residential use would not result in additional or more severe impacts to cultural resources than was previously analyzed in EIRs 86-04 and 97-04. See EIRs 86-04 and 97-04. potentiaDy Sipailkanl Im",d PoIm.iaDy Sigutficanl UoJ~ Mitlgaled L6stbaJII S"lpificanl Impact No Im_ o o o 00 XVI. PALEONTOLOGICAL RESOURCES. Will the proposal result in the alteration of or the deslruction of paleontological resources? Comments: The proposed land use change /Tom Public/Quasi Public to Residential use would not result in additional or more severe impacts to paleontological resources than was previously analyzed in EIRs 86-04 and 97-04. See EIRs 86-04 and 97-04. XVII. RECREATION. Would the proposal: PoInttiaDy SignificaDI Im",d PoteJlllially Sipaifica:ot u..... Mitlgaltd Less tbaD Significanl Im",d No Impad Page - 14 c/-- '2T7 . ~._ n.__." _.._...__.__., ......_...._._.~.______..___M a) Increase the demand for neighborhood or 0 0 0 00 regional parks or other recreational facilities? b) Affect existing recreational opportunities? 0 0 0 00 c) Interfere with parks & recreation plans or 0 0 0 00 programs? Comments: a)-c): The proposed land use change from Public/Quasi Public to Residential use would not result in additional or more severe impacts to recreation than was previously analyzed in EIRs 86-04 and 97-04 because there would be no increase in dwelling units and associated population over what is currently permitted. See also EIRs 86-04 and 97-04. XIX. PROJECT REVISIONS OR MITIGATION MEASURES: The proposed GP A and associated land use plan amendments to change the land use on the 4.4-acre portion ofthe site would not result in additional or more severe impacts than was than was analyzed in EIR 86-04 and 97-04. Therefore, no new mitigation measures are required. XX. AGREEMENT TO IMPLEMENT ~IITIGATION 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 ,md do agree to the mitigation measures contained herein, and wi1l implement same to the satisfaction ofthe Environmental Review Coordinator. Failure to sign the line(s) provided below prior to posting ofthis Mitigated Negative Declaration with the County Clerk shall indicate the Applicants' and/or Operator's desire that the Project be held in aheyance without approval and that Applicant(s) and/or Operator(s) shall apply for an Environmental Impact Report. Printed Name and Title of Property Owner (or authnrized representative) Date Signature of Property Owner (or authorized representative) Date Printed Name and Title of Operator (if different from Property Owner) Date Signature of Operator (if different from Property Owner) Date 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 Page-IS L/ - qsr .BU."U."..... '-'J ....,'- ............'-au'-'~ ~u L...... ............." >"b t'~b-'-'. o Land Use and Planning o Transportation/Circulation 0 Public Services 0 Utilities and Service Systems 0 Aesthetics 0 Cultural Resources 0 Recreation o Population and Housing o Biological Resources o Geophysical o Energy and Mineral Resources o Water o Hazards o Air Quality o Noise o Paleontological Resources o Mandatory Findings of Significance XXII. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MA Y have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MA Y have a significant effect(s) on the environment, but at least one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. An addendum has been prepared to provide a record of this detennination. M~nAi~~~~~ ;l/;1/0~ ( Date Environmental Review Coordinator Page - 16 c:/ -- 51'1 o o o o 00 ATTACHMENT 6 DISCLOSURE STATEMENT t./ - j7c) ~. _ _ _. .."..___.~ _.......____.~_____w.___ 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. --I..itE. EASTLA~E CO.. LI..C -Xc. - "BDSWELL LAND roo 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. T. b . 13f:b lJJ BL L... 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. 31 L L. Os -m..s M -s. /..f j) Gfl-Jb. y Gu.y kAt-v GAt1..y r./Nri ""BILL ML/C..rB.B/N _1.JAI\IOC;11.0M~AsscqAlfZL 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No c..-----Jf yes, state which Councilmember(s): Date: 7< (NOTE, AmeN ADDmoN^, PAGES AS N~iI- <;;--,,3-0'- y . Signat re of contractor/applicant CC4'/ AsAjLQ Print or type name of contractor/applicant . Person is defined as: "Any individual. firm. co-partnership.joinr venture, association. social club, frea/ernal organization. corporation. estate, trust, receiver, syndicate. this and any other ccnmty, city and country. city municipality. district, or other political subdivision. or any other group or combination acting as a unit. .. t'/- 9/ PLANNING COMMISSION AGENDA STATEMENT Item: S Meeting Date: 01/26/01 ITEM TITLE: PUBLIC HEARING: PCS 03-04; Consideration of Tentative Subdivision Map to divide approximately 62.64 acres into 4 super-lots and 2 open space lots.- The EastLake Company. The applicant, The Eastlake Company, submitted an application for a tentative subdivision map to divide a 62.64 acre into 4 super-lots and 2 open space lots ("Project"). The Project is located at the northeast comer of EastLake Parkway and Olympic Parkway within the EastLake Greens residential community. ("project site"). The Environmental Review Coordinator has reviewed the proposed project for compliance with California Environmental Quality Act and has determined that the project was covered by the Final Supplemental Environmental hnpact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-zone and Annexation (FSEIR 86-04) and Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program (FSEIR 97-04). The Environmental Review Coordinator has determined that only minor technical changes or additions to the document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent EIR have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to FSEIR 86-04 and 97-04, which the Commission has already reviewed. RECOMMENDATION: Adopt attached Resolution PCS 03-04 recommending that the City Council approve the proposed tentative subdivision map based on the findings and subject to the conditions contained in the attached City Council Resolution. DISCUSSION: 1. Existing Site Characteristics The project is a irregular shaped parcel located on the east side of future EastLake Parkway and surrounded by the following land uses: -S"-/ ~ ". ,.,.,.-.---..-..-----...-....---..---..--.-, ._~~,_._--_._--_._.- Page 2, Item: Meeting Date: l/)lj/m Surrounding Land Uses Chula Vista GDP Land PC District Municipal General Plan Use (Land Use Existing Code Designation Designation District) Land Use Pmjf':rtS1tf" PC (Planned Medium High MH, Medium RM-25, Residential Vaeant Commuruty) Residential High Multi-Family Residential South (across PC (Planned Medium-High Medium High RM-l, Residential Vacant (future Olympic Commuruty) Residential Residential Multi-Family Village 11 in Parkway) Otay Ranch) East (across PC (Planned Low Medium M (Medium RC-lO (Residential existing utility Community) Residential (3-6 Residential); P Condominium);OS- residential; easement) du/ac) (Pall<s & 4 (open space); RS- future park Recreation); 5 (Residential LM (Low- single-family) Medium Residential) West (across PC (Planned PQ, Publici Public/Quasi PQ, Pubicl Quasi- OWD Water EastLake Commtutity) Quasi-Public Public Public (northern Storage Tank Parkway) (northern (northern portion); (northern portion); portion); FC, Freeway portiOtl); Retail (southern FC. Freeway Commercial Future portion) Commercial (southern portion) commercial (southern (southern portion) portion) North PC (Planned Public/Quasi- Public/Quasi- PQ, Religious Commuruty) Public Public Public! Quasi- Institution Pubic The "project site" has been previously mass graded into two relatively flat pads in conjunction with improvements to EastLake Parkway. There is an approximately 20 ft. high slope running in an easterly direction and separating the two pads. The northern building pad (approximately 8 gross acres) contains slopes up to 22 ft. in height along Eastlake Parkway. The southem slope (approximately 54 gross areas) contains slopes up to 15 feet along EastLake Parkway, up to 40 feet along Olympic Parkway and up to 45 feet high on the east side adjacent to the utility corridor (see Attachment 2, Exhibit A) s - ,;<, Page 3, Item: Meeting Date: VJ(j/IH 2. Project Description The Project contains 4 residential super-lots. Lot I contains 8.27 gross acres (6 net acres). Lot 2 contains 19.85 gross acres (18.44 net acres). Lot 3 contains 18.06 gross acres (16.69 net acres) and Lot 4 contains 11.27 gross acres (10.49 acres). Each of these four lots can either be developed with multi-family development or further subdivided to allow for single-family residential. A maximum of 750 residential units is allowed for the entire Project. The Project contains 2 open space lots, O.S. Lot "A" and O.S. Lot "8". These lots are located on the southern portion of the Project, south and adjacent to Lots 3 and 4 and directly north of Olympic Parkway (see Attachment 2, Exhibit A). 3. Analysis The subdivision consists of four separate super-lots for future single- or multi-family development Lot I, located at the northernmost portion of the "project site", is relatively flat except for a 20 ft. high slope running a]ong its southem border. This slope provides for a physical separation between Lot I and the remaining lots (2,3 &4) to the south. Lot 2 is a level building pad with minimal slopes at its borders. The lot is bordered on the west by future EastLake Parkway and to the west by a 200-foot wide utility corridor. Lot 3 is situated approximately 20 feet above Olympic Parkway to the south and approximately 15 feet higher than future EastLake Parkway to the west. Lot 4, which contains approximately 11 gross acres, is situated approximately 40 feet above Olympic Parkway to the south, and is adjacent to an open space lot containing slopes up to 40 feet high between the southem boundary of Lot 4 and Olympic Parkway. The lots have been designed to allow for future multi- or single- family developments with an overall maximum of750 units. The tentative map is consistent with the General Plan, EastLake II and III General Development Plans and EastLake 11 and III Sectional Planning Area (SPA) Plans. The Tentative Subdivision Map creates four residential super-lots. Development of these super-lots are subject to subsequent Design Review and potentially a more specific Tentative Map. The only specific development issue is the requirement for a pedestrian trail along the east side of the Project within the utility corridor. This is discussed more specifically in the Parks and Open Space section. $;-3 _ .__..__.' ____..~...,._._, ____"'_., ...____._______'.."m_.".'..._____._..,_~_._,_..__ Page 4, Item: Meeting Date: V'1i/IJ, rlr~nlMi()n Primary access to each of the 4 lots will be via Olympic Parkway and future EastLake Parkway. More specifically, access to Lot I is from EastLake Pakway. The intersection is planned to be signalized and to provide for right and left turn movements. Access to Lots 2, 3 & 4 will be offEastLake Parkway and Olympic Parkway via a private street. All access driveways have been aligned with the westerly and southerly developments. A future road alignment between the east side of Lot 3 and the west side of Lot 2 & 4 will provide an internal connection from EastLake Parkway and Olympic Parkway and, thereby, provide provide vehicular access to all three of these lots (2,3 &4). The new intersection off Olympic Parkway will be aligned with the intersection of Village II (Otay Ranch) on the south side of Olympic Parkway (see Attachment 2, Exhibit A ). Affnro"hl" HOll<inE The EastLake Comprehensive Affordable Housing Program has identified the EastLake Laud Swap Site as one of four sites throughout EastLake to provide affordable housing. It is anticipated, therefore, that one of the super-lots created will be developed with an affordable housing project. P"rk< "no Or"n Sp"~" The Project is served by an existing 15 acre community park lactated just north of the EastLake High School and a future 11.8 acre neighborhood park located east of the 200 foot utility corridor within the EastLake Greens neighborhood. Both of these parks are in close proximity to the Project. In fact, the Project is being conditioned to provide a trail connecting the four super-lots to the neighborhood park in the Greens neighborhood (as discussed below). In addition, a pedestrian trail has been provided along the Project frontage of Olympic Parkway and will extend along EastLake Parkway. Pursuant to Section 11.4.5 of the EastLake Greens SPA (Design Guidelines Supplement for "Land Swap Area",Graphic for Parcel R-9), the Developer is required to provide a pedestrian trail along the eastern edge of the Project between Olympic Parkway and Eastlake Parkway. The SPA currently depicts the trail running through the 200 foot wide corridor which lies adjacent to the project site on the east. In order to provide for the trail at this location, the developer will be required to secure permission from SDG&E and SDCW A to construct the trail within the easement. Staff has further agreed that if permission cannot be obtained to construct the trail within the easement, the developer may then construct the trail along the eastern edge of the Lots 1,2 and 4 at the time they are developed. In addition, the applicant is required to construct a pedestrian connection between the pedestrian trail and the neighborhood park (Park P-3){see Attachment 3, Graphic for Parcel R-9}. The applicant understands and agrees to this requirement. Rather than providing the additional neighborhood parks outlined in the adopted EastLake Greens Neighborhood Plan, EastLake has paid in-lieu fees for any remaining park obligations. Therefore, the Developer has satisfied all park dedication and development fee obligations through the adoption by the City Council of the "Second 4 ~-f Page 5, Item: Meeting Date: VJI1/m Amended and Restated Development Agreement Between The City of Chula Vista and The EastLake Company, LLC for EastLake III (Trails, Woods, Vistas, Business Center Expansion, Olympic Training Site and Land Swap) doc #2001-0807936 dated November 1,200\," S~hool, The Project is conveniently located in close proximity to both the EastLake High School and the Olympic View Elementary School. The Chula Vista Elementary School District has indicated that since the Project is in EastLake, school mitigation has been satisfied through participation in Community Facilities District (CFD No. I) which has been formed by the EastLake Planned Community. nr~in~E~ The current mass/rough grading of the Project Site allows for surface drainage only. Plans showing how the drainage will work for the individual project sites will be shown on the next grading plan submitted for review and approval by the City and must comply with all the City standards. &:we!: The project has been conditioned to require that the developer demonstrate on the Master Final Map that the four lots created will have the ability to connect to public utilities. At this time, the developer has not determined whether the sewer laterals running through Lots 2, 3 & 4 will be public or private. The project is further conditioned to construct all public and private improvements located within the Common Private Street in conjunction with the first residential building on Lots 2, 3 & 4, whichever occurs earlier. .w.ateI: The Otay Water District has reviewed the proposed Project and has indicated that the Project may be serviced from the 20-inch proposed potable main and the 16-inch proposed recycled main on EastLake Parkway. The Project may also be serviced from the 16-inch proposed potable main and the proposed 20-inch recycled main on Olympic Parkway. Additional proposed facilities within the Land Swap will be available in the future. CONCLUSION For the reasons stated above, staff recommends adoption of the Resolutions recommending that the City Council approve the tentative map based on the findings and subj ect to the conditions contained therein. !;-!; Page 6, Item: Meeting Date: i/J/j/Oi A tt"chment, 1 Draft Planning Commission Resolution 2. Draft City Council Resolution 3. Figures 4. Disclosure Statement 6 5-& .-.....--+-.-..- ._- ~ OTAY RANCH :!!!:! VILLAGE )::J ~ FIVE OTAY RANCH VilLAGE ELEVEN '" , C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: (!) APPUCANr: THE EASTlAKE COMPANY, LLC TENTATIVE SUBDIVISION MAP North of OIy"lic Parkway, East of the future PROJECT al~ment or astlake Parkway, \/Vest of the Request: The proposed Tentative Subdivision Map ADDRESS: S &EICWA Easement, in the souIhem portion of the Eastlake Greens Community. for 62.64 acres into 4 super lots and 2 open space lots. SCALE: FILE NUMBER; NORTH No Scale PCS-03-04 Related Case(s): PCM-03-10, IS-03-009 ~-7 ATTACHMENT 1 Draft Planning Commission Resolution S-"6 RESOLUTION NO PCS 03-04 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE AND ESTABLISH CONDITIONS OF THE TENATIVE SUBDIVISION MAP FOR EASTLAKE LANDSW AP, CHULA VISTA TRACT 03-03 WHEREAS, duly verified application for a tentative subdivison map was filed with the City of Chula Vista Planning and Building Department on October 3, 2002 by the EastLake Company ("Developer") requesting approval to subdivide 62.64 acres into 4 superlots with a capacity for 750 single family attached/multi-family units. The tentative map also includes 2 open space lots ("Project"), and, WHEREAS the area of land, which is the subject of this Resolution, commonly known as Parcel GR-9 in the EastLake II SPA, is located south of existing EastLake Greens residential community, east of future EastLake Parkway and north of Olympic Parkway within the EastLake Planned Community ("project site"); and WHEREAS, the Environmental Review Coordinator has determined that any impacts associated with the Project have been previously addressed by the FSEIR 86-04, Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and FSEIR 97-04, Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program, and has, therefore, prepared an addendum to said FSEIRs. The Project is in substantial conformance with the analysis in the FSEIRs and, therefore,approval and implementation of the Project does not change the basic conclusions of these FSEIRs. The has been prepared in accordance with requirements of the Califomia Environmental Quality Act, State EIR Guidelines and the Environmental Review Procedures of the City ofChula Vista; and, WHEREAS, the Planning and Building Director set the time and place for a hearing on the tentative map and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and tenants within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the Planning Commission having received certain evidence on March 26, 2003, as set forth in record of proceedings herein by reference as is set forth in full, made certain findings as set forth in their recommending Resolution PCS 03-04 herein and recommended to the City Council approval of the application based on certain terms and conditions; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., March 26, 2003, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, S-<J' NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the attached City Council Resolution approving the Tentative Map for Chula Vista Tract 03-04 in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 26 th day of March, 2003, by the following vote, to- wit: AYES: NOES: ABSENT: Peter Hall, Chairperson ATTEST: Diana Vargas, Secretary s;-/CJ ATTACHMENT 2 Draft City Council Resolution .s- // I3march03.vl7 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF THE TENTATIVE MAP FOR EASTLAKE LANDSW AP RESIDENTIAL, CHULA VISTA TRACT 03-04 1. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit A, copies of which are on file in the Office of the City Clerk, incorporated herein by reference, and commonly known as EastLake Land Swap Residential Tentative Subdivision Map, Chula Vista Tract 03-04; and for the purpose of general description herein consists of 62.64 acres, commonly known as Parcel GR-9 in the EastLake II SPA, located at the northeast corner of EastLake Parkway and Olympic Parkway within the EastLake Greens residential community ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on October 14, 2002, The EastLake Company ("Developer") filed a tentative subdivision map with the Planning & Building Department of the City of Chula Vista requesting approval of the Tentative Subdivision Map for 62.64 acres into 4 superlots with a capacity for 750 single-family attached/multi-family units. The tentative map also includes 2 open space lots ("Project"); and C. Prior Discretionary Approval WHEREAS, the development of the Project Site has been the subject matter of various entitlements and agreements, including: ]) amended EastLake II Genera] Development Plan (GDP) approved by City Council by Resolution No 2002-64 on July 23, 2002; 2) EastLake II Sectional Planning Area (SPA) Plan approved by City Council Resolution No 2002-15] on May 7, 2002; 3) EastLake Greens Neighborhood, Design Guidelines Supplement for "Land Swap" area of EastLake Greens, and EastLake Greens and "Land Swap Supplemental Public Facilities Financing Plan all adopted by Resolution ]9275 on March 24, 1998; 4) Fina] Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-zone and Annexation (EIR 86-04) and associated Mitigation Monitoring and Reporting Program certified on July 18, 1989; 5) Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program (EIR 97-04) and associated Mitigation Monitoring and Reporting Program certified on November 24, 1998; 6) amended EastLake Comprehensive Affordable Housing Program adopted by City Council Resolution 2001-220 on July] 7, 200]; and 7) the amended EastLake II Planned Community District Regulations and Land Use Map approved by City Council Ordinance No. 2863 on August 6, 2002, and D. Planning Commission Record of Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on March 26, 2003, and after hearing staff presentation and public testimony and considering the Addendum to EIR 86-04 and EIR 97-04 for the EastLake Land Swap Residential Project (IS-03- 5-/.:( Resolution xxxxx Page 2 009), voted (xxxxxx) recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and E. Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on April I, 2003, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same; and WHEREAS, the City Clerk set the time and place for a hearing on said tentative subdivision map application, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundary of the project, at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. August 1,2003, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on March 26, 2003, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. PREVIOUS EIR 86-04 and EIR 97-04 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and certified the final Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-Zone and Annexation (EIR 86-04; certified July 18, 1989) and final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program (EIR 97-04; certified November 24,1998). IV. COMPLIANCE WITH CEQA The Environmental Review Coordinator has determined that any impacts associated with the proposed tentative subdivision map have been previously addressed by the Final Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-Zone and Annexation (EIR 86-04) and final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program (EIR 97-04), and has, therefore, prepared an addendum to said EIRs. The Tentative Map is in substantial conformance with the project upon which the analysis contained in EIR 86-04 and EIR 97-04 was based and, therefore, approval and implementation of the Tentative Map does not change the basic conclusions of these EIRs. The Addendum to EIR 86-04 and EIR 97-04 for the EastLake Landswap Residential Project (IS-03-009) has been prepared in accordance with requirements of S; - /5 Resolution xxxxx Page 3 the California Environmental Quality Act, State EIR Guidelines and the Environmental Review Procedures ofthe City ofChula Vista. v. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the Addendum to EIR 86-04 and EIR 97-04 for the EastLake Land Swap Residential Project reflects the independent judgment of the City Council of the City of Chula Vista and hereby has considered the Addendum to EIR 86-04 and EIR 97-04 for the EastLake Land Swap Residential Project in their decision to the Tentative Map. VI. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein for EastLake Land Swap Residential, Chula Vita Tract No. 03-04, is in conformance with the elements of the City's General Plan, based on the following: I. Land Use The EastLake Land Swap Residential parcel provides for Medium-High (J 1-18 du/ac). The proposed subdivision incorporates provides for four super lots to be subsequently developed with multi-family projects. Thus, the project as conditioned is in substantial compliance with the EastLake II GDP and SPA and EastLake Greens Neighborhood SPA., and since the GDP and SPA are in substantial conformance with the General Plan, the Tentative Map is also in substantial conformance with the General Plan. 2. Circulation All on-site and off-site public streets required to serve the subdivision will be constructed or DIP fees paid by the developer in accordance with the EastLake Greens Public Facilities Financing Plan. The public streets within the Project will be sized as prescribed in the circulation element of the General Plan and designed per City design standards and/ or requirements, or modifications accepted by the Director of Engineering. The required and anticipated off- site improvements would be designed to handle this Project and future projects in the area. 3. Housing The Amended EastLake Comprehensive Affordable Housing Program has been adopted and incorporated into the EastLake Greens Neighborhood SPA Plan to ensure that a minimum of ten percent affordable housing is provided. A condition of approval requires the Developer to enter into an agreement with the City to ensure that the affordable housing units as prescribed in the affordable Housing Program are constructed and delivered as prescribed in the above-mentioned Affordable Housing Program. The EastLake subdivision also provides a mix of housing types and lot sizes for single family, ~-/j/ Resolution xxxxx Page 4 townhomes, and condominiums at various densities for persons of various income levels. Parcel Number I will be developed with an affordable housing consisting of ISO units. 4. Conservation EIR 86-04 and EIR 97-04 address the goals and policies of the Conservation Element of the General Plan and found the development of this site to be consistent with these goals and policies. 5. Parks & Building Construction, Open Space The Project is served by an existing IS-acre community park located just north of the Eastlake High School, and will be constructing a future 11.8 acre neighborhood park (P- 3) located east of the 200 foot utility corridor which runs parallel adjacent to the east side of the Project.The Developer has satisfied all park dedication and development fee obligations through the adoption by the City Council of the "Second Amended and Restated Development Agreement Between The City of Chula Vista and The EastLake Company, LLC for EastLake III (Trails, Woods, Vistas, Business Center Expansion, Olympic Training Site and Land Swap) doc #2001-0807936 dated November 1,2001" 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site 7. Safety The Fire Department and other emergency service agencies have reviewed the proposed subdivision for confonnance with City safety policies and have detennined that the proposal meets the City Threshold Standards for emergency services. 8. Noise Noise mitigation measures included in the EIR 86-04 and EIR 97-04 adequately address the noise policy of the General Plan. The project has been conditioned to require that all dwelling units be designed to preclude interior noise levels in excess of 45 dBA and exterior noise exposure over 60 dBA for all outside habitable areas. 9. Scenic Highway The project site is located adjacent to designated scenic highways (Olympic Parkway). The project will be developed in compliance with Section 8 of the Land Use Element of the Chula Vista General Plan. 10. Bicycle Routes Although no designated regional off-street bicycle routes are included as components of the internal circulation network, bicyclists will be readily able to share the internal streets s-/s- Resolution xxxxx Page 5 with motor vehicles due to low traffic volume and limited speeds allowed. Bicycle route segments to connect to regional systems have been incorporated as prescribed by the Circulation Element of the General Plan. On-street bike lanes are included on the adjacent arterial highways. The bike lanes will be paved components of the street systems indicated. I I. Public Buildings No public buildings are proposed on the project site. The project is subject to RCT fees prior to issuance of building permits. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this proposal on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. C. The configuration, orientation and topography of the site partially allows for the optimum setting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. D. The site is physically suited for residential development and the proposal conforms to all standards established by the City for such project. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extend to the impact created by the proposed development. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. VII. GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract 03-04, Final Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-zone and Annexation (EIR 86-04) and associated Mitigation Monitoring and Reporting Program, Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program (EIR 97-04) and associated Mitigation Monitoring and Reporting Program and Addendum to EIR 86-04 and EIR 97-04 (IS-03-009), except as modified by this Resolution. B. Implement Mitigation Measures Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and ..s-/~ Resolution xxxxx Page 6 EastLake Trails Pre-zone and Annexation (EIR 86-04) and associated Mitigation Monitoring and Reporting Program and Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program (EIR 97-04) and associated Mitigation Monitoring and Reporting Program. Any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the satisfaction of the Director of Planning & Building and Environmental Review Coordinator. Mitigation Measures shall be monitored via the Mitigation Monitoring Program approved in conjunction with EIR 86-04 and EIR 97-04. Modification of the sequence shall be at the discretion of the Director of Planning & Building should changes in the circumstances warrant such revision. C. Implement Public Facilities Financing Plan Developer shall install public facilities in accordance with the EastLake Greens Public Facilities Financing Plan, as amended or as required by the Director of Engineering, to meet the threshold standards adopted by the City of Chula Vista. The Director of Engineering and Planning & Building Director may, at their discretion, modify the seq~ence of improvement construction should conditions change to warrant such a reVISIon. D. Design Approval The Developer shall develop the lots in accordance with the EastLake II Planned Community District Regulations and Design Guidelines Supplement for "Land Swap" area of EastLake Greens and all multi-family projects shall be submitted for review and approval under the City's Design Review process prior to submittal for building permits. E. Contingency of Project Approval Approval of the Tentative Map is contingent upon the approval of the GDP/SPA amendment (PCM 03-10) and Ordinance taking effect. VIII. SPECIAL CONDITIONS OF APPROVAL Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's satisfaction prior to approval of each final map. GENERAL/PRELIMINARY I. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the property. (Engineering, Planning & Building) 2. Developer shall, comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Map, of I) amended EastLake II General Development Plan (GDP) approved by City Council by Resolution No 2002-64 on July 23, 2002; 2) EastLake II Sectional Planning Area (SPA) Plan approved by City Council Resolution No 2202-151 on May 7, 2002; 3) EastLake ~-// Resolution xxxxx Page 7 Greens Neighborhood Plan, Design Guidelines Supplement for "Land Swap" area of EastLake Greens, and EastLake Greens and "Land Swap Supplemental Public Facilities financing Plan all adopted by Resolution 19275 on March 24, 1998; 4) final Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-zone and Annexation (EIR 86-04) and associated Mitigation Monitoring and Reporting Program; 5) final Subsequent Environmental Impact Report (EIR) for the EastLake Trails/Greens Replanning Program (EIR 97-04) and associated Mitigation Monitoring and Reporting Program certified on November 24, 1998; 6) Addendum to EIR 86-04 and EIR 97-04 for the EastLake Land Swap Residential Project (IS-03-009); 7) amended EastLake Comprehensive Affordable Housing Program adopted by City Council Resolution 2001-220 on July 17, 2001; and 8) the amended EastLake II Planned Community District Regulations and Land Use Map approved by City Counci] Ordinance 2863 on August 6, 2002. The Developer shall enter into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may required to comply with the above regulatory documents. Said Agreement shall also ensure that, after approval of the final map, the developer will continue to comply, remain in compliance, and implement such Plans. (Planning & Building) 3. If Developer desires to do certain work on the property after approval of the tentative map, but prior to recordation of the applicable final map, he may do so by obtaining the required approvals and permits from the City. The permits can be approved or denied by the City in accordance with the City's Municipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., final map and improvement plans) will be approved. All work performed by the Developer prior to approval of the applicable Final map shall be at Developer's own risk. Prior to issuance of grading and/or construction permit, the Developer shall acknowledge in writing that subsequent submittals (i.e., final map, improvement plans) may require extensive changes, at Developers cost, to work done under such early permit. Prior to the issuance of a permit, the Developer shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable final map does not record. (Engineering) 4. If any of the terms, covenants or conditions contained herein shall fail to occur, or if they are, by their terms, to be implemented and maintained over time, and if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, including issuance of building permits; deny, or further condition the subsequent approvals that are derived from the approvals herein granted; and institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. (Engineering, Planning & Building) 5. Prior to approval of each final map, Developer shall agree to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including Attorney's fees, arising from challenges to the Environmental Impact Report for the Project, and any or all entitlements and approvals issued by the City in connection with the Project. (Engineering, Environmental, Planning & Building) s-# Resolution xxxxx Page 8 6. Any and all agreements that the Developer is required to enter into hereunder shall be in a form approved by the City Attorney. (City Attorney) 7. Prior to approval of any final map proposing the creation of multi-family housing for any lot in the Project as condominiums, community apartment project, or stock cooperative, as defined in the applicable sections of the Govemment Code, Developer shall agree to process, unless otherwise approved by the Director of Engineering, a subsequent tentative map for said proposed condominium, community apartment, or stock cooperative project in said Planning Area. (Engineering) 8. The subsequent development of a multiple-family lot, which does not require the filing of a subsequent final map, shall meet, prior to issuance of a building permit for that lot, all the applicable conditions of approval of the tentative map, as determined by the Director of Engineering and Director of Planning & Building. (Planning & Building, Engineering) 9. Unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required, the Developer shall be required to provide subordination of any prior lien holders in order to ensure that the City has a first priority interest in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. 10. Applicant shall submit and obtain approval by the City of a Master final Map ("Master final Map") containing the entire Project's area showing "super block" lots corresponding to the lots or combination of lots shown on the tentative map. Said Master Final Map shall also show open space lot dedications and utility easements required to serve the "super block" lots created by said map to the satisfaction of the Director of Engineering and Director of Planning and Building. All "super block" lots created by this map shall have access to a dedicated public street. (Engineering) ENVIRONMENT ALlPRESERV AnON I I. Prior to approval of each final map, the Developer shall enter into a supplemental subdivision agreement to implement, to the satisfaction of the Director of Planning & Building, all applicable mitigation measures identified in EIR 86-04 and EIR 97-04, the associated CEQA findings of Fact and Mitigation Monitoring and Reporting Programs and as incorporated by reference in the Addendum to EIR 86-04 and EIR 97-04 (IS 03-009) in accordance with the requirements, provisions and schedules contained therein, and as further specified in these Tentative Map conditions. Modification of the sequence of mitigation shall be at the discretion of the Director of Plarming & Building should changes in circumstances warrant such a revision. If any permits are required to be obtained by Developer as set forth herein, Developer shall obtain said permits with applicable agencies in consultation with the City. (Engineering/Planning) 12. Implement, or cause the implementation of all mitigation measures pertaining to the Project identified in EIR 86-04 and EIR 97-04, the associated CEQA Findings of Fact and Mitigation Monitoring and Reporting Programs and as incorporated by reference in the Addendum to -S-/7' Resolution xxxxx Page 9 EIR 86-04 and ErR 97-04 (IS 03-009). Any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the satisfaction of the Director of Planning & Building. Mitigation Measures shall be monitored via the Mitigation Monitoring and Reporting Programs approved in conjunction with EIR-86-04 and EIR 97-04. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning & Building should changes in the circumstances warrant such revision. (Planning & Building) SUBDIVISION DESIGN 13. Install all street trees in accordance with Section 18.32.10 of the Chula Vista Municipal Code, the City' s Landscape Manual and approved cross-sections in the EastLake Greens Neighborhood plan; or as otherwise approved by the Director of Parks & Building Construction and Director of Public Works Operations. Developer agrees to provide any and all special installation conditions as requested by the Director of Parks & Building Construction for those trees identified in the SPA as having special installation conditions. Street trees shall be shown on street landscape and irrigation plans submitted for approval by the Director of Parks & Building Construction and the Director of Public Works Operations prior to, or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the species selection of street trees. Location of trees and planters shall be contingent upon the location of street signs. Under no circumstance shall a tree or shrub block the visibility of any street sign, regulatory, warning or guide traffic signs. (Public Works, Parks & Building Construction) 14. Prior to the issuance of each rough grading permit proposing to grade individual lots and streets for the Project, submit a study showing that all curb returns for any intersection in excess of 4% grade, located within the permit boundaries, and all driveways, comply with ADA standards at the front and back of sidewalks to the satisfaction of the Director of Engineering. (Engineering) STREETS, RIGHTS-OF - WAY AND PUBLIC IMPROVEMENTS 15. Prior to approval of the first final map for the Project, Developer shall enter into an agreement to, and thereafter shall, construct and secure, in accordance with Chapter 18.16 of the Municipal Code, the following improvements: a. Street improvements, including landscape and irrigation, for that portion of EastLake Parkway extending from station 52+84.01 to 88+75.84 (near the EastLake Greens R-26 project). Said street improvements shall include, but not limited to asphalt concrete pavement, base, curb, gutter and sidewalk, sewer, drainage facilities, water quality BMP's, street lights, traffic signals, signs, stripping, fire hydrants and transitions to existing improvements in the manner required by the Director of Engineering. b. Full gravity sewer improvements deemed necessary by the Director of Engineering to: 1) complete the gravity sewer system within the aforementioned reach of EastLake Parkway, and 2) provide sewer service to the proposed Project. S--.;{cJ Resolution xxxxx Page 10 c. Full drainage improvements deemed necessary by the Director of Engineering to provide service to the proposed Project. If improvement plans have been approved by the City, the amount of the security for the above noted improvements shall be I 10% of the construction cost estimate approved by the Director of Engineering. If improvement plans are being processed, 150% of approved cost estimate. Or, if improvement plans are not being processed by the City, 200% of construction cost estimate approved by the Director of Engineering. A lesser percentage may be required if it is demonstrated, to the satisfaction of the Director of Engineering, that sufficient data or other information is available to warrant such reduction. (Engineering) 16. Design all street vertical and horizontal curves and intersection sight distances to conform to the CalTrans' Highway Design Manual and City Standards. All streets, which intersect other streets at or near a horizontal or vertical curve, shall meet intersection design sight distance requirements in accordance with City Standards. When a conflict between the CaITrans Highway Design Manual and adopted City standards exists, the adopted City standards shall prevail. Lighted sag vertical curves will be permitted at intersections per AASHTO standards and with approval of the Director of Engineering. (Engineering) 17. Developer shall demonstrate on the Master Final Map for the Project that all lots created by said map have been provided private and/or public easements which ensure I) legal access to an approved public street, and 2) the ability to connect to public utilities. All lots created by said Master Final Map shall be designed so as to allow each lot to develop independently of each other lot on that map. 18. Provide security in accordance with chapter 18.16 of the Municipal Code, for all public facilities within the subdivision boundary or off-site, deemed necessary by the Director of Engineering to provide service to the subject subdivision, in accordance with Chula Vista Design standards, Chula Vista Streets Standards, Chula Vista Subdivision, and approved Tentative Map, unless otherwise approved by the Director of Engineering. If improvement plans have been approved by the city, the amount of the security for the above noted improvements shall be 110% of the construction cost estimate approved by the Director of Engineering. If improvement plans are being processed, 150% of approved cost estimate. Or, if improvement plans are not being processed by the City, 200% of construction cost estimate approved by the Director of Engineering. A lesser percentage may be required if it is demonstrated, to the satisfaction of the Director of Engineering, that sufficient data or other information is available to warrant such reduction. (Engineering) 19. Prior to approval of the Master Final Map, Developer shall enter into an agreement with the City where Developer agrees to the following: a. That prior to the first Design Review approval fOf the proposed Lots 2, 3, or 4 of the Project, Developer shall accomplish the following: 1. Obtain the approval of the Director of Engineering and Director of Planning and Building of a design study ("Design Study") for a private street connecting the .5;-,;(/ Resolution xxxxx Page II proposed Project's common access points to Lots 2,3, and 4 at Eastlake Parkway and Olympic Parkway ("Common Private Street"). Developer shall acknowledge and agree that the City reserves the right to require improvements and facilities deemed necessary by the Director of Engineering and Director of Planning and Building to provide adequate circulation and to meet the requirements of the Police and Fire Departments. II. Provide evidence satisfactory to the Director of Engineering of the grant of private easements necessary for constructing the Common Private Street. Ill. Grant to the City all onsite and offsite public easements needed to accommodate the Common Private Street, deemed necessary by the Director of Engineering to serve the Project. b, Construct all the private and public improvements located within the Common Private Street in conjunction with the construction of the first residential building on Lots 2, 3 and 4, whichever occurs first, to the satisfaction of the Director of Engineering. 20. Prior to approval of the Master Final Map for the Project, Developer shall enter into an agreement with the City where Developer agrees to designate as private the Common Private Street and any other streets proposed for any residential development within the Project. 21. Unless otherwise approved by the Director of Engineering, prior to issuance of the first building permit for each of Lots 2, 3 and 4, developer shall grant to the City on a final or parcel map those public easements deemed necessary by the Director of Engineering to accommodate the public facilities to serve each lot. 22. Construct sidewalks and pedestrian ramps on all walkways to comply with the "Americans with Disabilities Act" (ADA) standards, as approved by the Director of Engineering. In the event the Federal Government adopts new ADA standards for street rights-of-way, which are in conflict with the standards and approvals for the Project, all such approvals conflicting with those new standards shall be updated to reflect the new standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by federal regulations, once construction has commenced. (Engineering) 23. Grant sight visibility easements to the City of Chula Vista as required by the Director of Engineering, to keep sight visibility areas clear of any obstructions. Sight visibility easements shall be shown on grading plans, landscape plans, improvement plans, and final maps to the satisfaction of the Director of Engineering. Sight visibility easements shall be granted as necessary to comply with the requirements in the CalTrans Highway Design Manual and City of Chula Vista Policies. (Engineering, Planning and Building) 24. Prior to approval of the Master Final Map for the project, the Developer shall enter into an agreement with the City of Chula Vista, to run with the entire land contained within the Project, wherein the Developer acknowledges and agrees that, prior to the construction of ~-- ,.(.:{ Resolution xxxxx Page 12 SR-125, the City shall stop issuing new building permits for Land Swap Residential when the City, in its sole direction, determines that either: a. Building permits for a total 9,429 dwelling units have been issued for projects east of 1- 805 (the start date for counting the 9,429 dwelling units is January 1,2000); or, b. An alternative measure is selected by the City in accordance with the City of Chula Vista Growth Management Ordinance. Developer shall also acknowledge and agTee that notwithstanding the foregoing thresholds, the City may issue building permits if the City decides, in its sole discretion, that any of the following has occurred: I) traffic studies demonstrate, to the satisfaction of the Director of Engineering, that the circulation system has additional capacity without exceeding the GMOC traffic threshold standards; 2) other improvements are constructed which provide additional capacity; or 3) the City selects an alternative method of implementing the GMOC standards. These traffic studies would not require additional environmental review under CEQA; however, any improvements proposed in these traffic studies would be subject to additional environmental reviews as required. 25. Prior to approval of the Master Final Map for the Project, Developer shall enter into an agreement to design, construct and provide sufficient security for the construction of the facilities set forth below: Facilitv #1: Construction of a 5-foot wide pedestrian trail from north of Olympic Parkway to EastLake Parkway to the satisfaction of the Director of Planning & Building Final alignment shall be contained within the Project or utility easement as approved by the Director ofPlannin~ and Building. Developer shall complete construction no later than the issuance of the 300 h cumulative building permit for Lots 2, 3 and 4 or at a later date as approved by the Director of Planning and Building in his/her sole discretion. Facilitv #2: Construct, in conjunction with the development of each Lot, a minimum of one 6-foot wide trail connection to the pedestrian trail (Facility "I") to the satisfaction of the Director of Planning and Building. FacilitV#3: Construction of a 6-foot wide trail connection from Facility #1 to Park P-3 to the satisfaction of the Director of Planning & Building. Developer shall complete construction no later than the issuance of the 300th building permit for Lots, 2, 3 and 4 or at a later date as approved by the Director of Planning and Building at his/her sole discretion. Engineering, Planning & Building) 26. Prior to approval of the Master Final Map for the Project, the Developer shall enter into an agreement to secure and construct four permanent traffic count stations, as indicated below: General Location EastLake Parkway Olympic Parkway Number of traffic count stations 2 stations 2 stations The traffic count stations shall be installed at such specific locations and in strict conformity to plans and specifications approved by the Director of Engineering. The Director of s--~ 3 ,----,--,--~-,-,-~._.._._-~._._- Resolution xxxxx Page 13 Engineering may, at his/her sole discretion, waive the requirement to construct said traffic count stations if Developer agrees to provide a cash payment in the amount deemed necessary by the Director of Engineering, to complete the construction of said stations by the City or its designee. GRADING AND DRAINAGE 27. Prior to approval of each grading plan or as required by the Director of Engineering, submit hydrology and hydraulic studies, and calculations demonstrating the adequacy of downstream drainage structures, pipes and inlets. (Engineering) 28. Provide graded vehicle access to all public storm drain clean-outs or implement other access solutions approved by the Director of Engineering. Storm drain clean-outs shall not be located on slopes or inaccessible areas for maintenance equipment, and shall be designed to the satisfaction of the Director of Engineering. (Engineering) 29. Drainage shall be collected in an inlet and carried to the bottom of any slope in an underground storm drain, if the slope is over 10 feet in height and steeper than 4: I. (Engineering) 30. Prior to approval of grading plans, demonstrate the adequacy of existing downstream drainage runoff facilities or include, in the grading plans, the construction of detention facilities, to ensure that the maximum allowable discharges after development do not exceed the capacity of any existing downstream facilities, all to the satisfaction of the Director of Engineering. The developer shall provide for the future maintenance of the detention basin facilities through the establishment of a Master Homeowners Association, or other funding mechanism as approved by the City. (Engineering) 3 I. Construct energy dissipaters at all storm drain outlets, as required by the Director of Engineering to maintain non-erosive flow velocities. (Engineering) 32. Submit to and obtain approval from the Director of Engineering and Director of Parks & Building Construction of an erosion and sedimentation control plan as part of grading plans. (Engineering, Parks & Building Construction) 33. Locate lot lines at the top of slopes except as shown on the Tentative Map or as approved by the Director of Engineering and Director of Planning & Building. Lots shall be so graded as to drain to the street or an approved drainage system. Drainage shall not be permitted to flow over slopes or onto adjacent property. (Engineering, Planning & Building) 34. Design and construct all grading and pad elevations to be within 3 feet of the grades and elevations shown on the approved Tentative Map or as otherwise approved by the Director of Engineering and Director of Planning & Building. (Engineering, Planning & Building) 35. Obtain and submit to City staff notarized letters of permission for all off-site grading work prior to issuance of grading permit for work requiring said off-site grading. (Engineering) S;--,fy Resolution xxxxx Page 14 36. Prior to approval of each map creating individual single family lots, submit a list of proposed lots indicating whether the residential structure will be located on fill, cut, or a transition between the two situations. (Engineering) 37. Design and construct all public storm drains as close to perpendicular to the slope contours as possible, but in no case greater than 15 degrees fTom perpendicular to the contours. (Engineering) 38. Provide a minimum of 3 feet of flat ground access from the face of any wall to the beginning of the slope rounding for wall maintenance, unless otherwise approved for HOA slopes by the Director of Engineering. (Engineering) 39. Provide a setback, as determined by the Director of Engineering based on Soil Engineer recommendations, between the property lines of the proposed lots and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped property or property owned by others. The Director of Engineering shall not approve the creation of any lot that does not meet the required setback. (Engineering) 40. Design and construct the inclination of each cut or fill surface, resulting in a slope, to not be steeper than 2: I (two horizontal to one vertical), except for minor slopes as herein defined. All constructed minor slopes shall be designed for proper stability considering both geological and soil properties. A minor slope may be constructed no steeper than one and one-half horizontal to one vertical (1.5:1) contingent upon: a. Submittal and approval of reports by both a soils engineer and a certified engineering geologist containing the results of surface and sub-surface exploration, and analysis. These results should be sufficient for the soils engineer and engineering geologist to certify that in their professional opinion, the underlying bedrock and soil supporting the slope have strength characteristics sufficient to provide a stable slope and will not pose a danger to persons of property. b. The installation of an approved slope planting program and irrigation system. c. "Minor Slope" is defined as a slope 4 feet or less in vertical dimension in either cut or fills, between single-family lots and not parallel to any roadway. (Engineering) 41. Construct temporary de silting basins at all discharge points adjacent to drainage courses or where substantial drainage alteration is proposed in the grading plan. The exact design and location of such facilities shall be based on hydrological modeling, and determined pursuant to direction by the Director of Engineering. (Engineering) 42. Prior to approval of the Master Final Map for the Project, Developer shall enter into an agreement with the City where Developer agrees not to protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not .s;-- v1'.5~ Resolution xxxxx Page IS interfere with the right of any person to vote in a secret ballot election. The above noted agreement shall run with the entire land contained within the Project. (Engineering) 43. Prior to issuance of grading permits, Developer shall demonstrate that the grading plans are in substantial compliance with the grading outlined in the Tentative Map. (Engineering, Planning & Building) 44. The Development shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEP A), as set forth in the National Pollutant Discharge Elimination System (NPDES), permit requirements for urban runoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista, pursuant to the NPDES regulations or requirements. Further, the Developer shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The developer shall comply with all the provisions of the NPDES and the Clean Water Program during and after all phases of the development process, including, but not limited to, mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Developer shall design the Project storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, to the satisfaction of the Director of Engineering. (Engineering) 45. Prior to any Design Review approval for a residential lot development (" Lot Development") within the Project, Developer shall obtain the approval of the Director of Engineering of a Water Quality Technical Report ("Report"), which identifies the permanent Best Management Practices for the proposed Lot Development. The Report shall cover the entire site where said Lot Development is being proposed. The Report shall comply with all applicable requirements of the Development and Redevelopment Project Storm Water Management Standards Requirements Manual (approved by City Council Resolution 2002- 475). 4otDeveloper shall comply with all of the applicable provisions of the Storm Water Management and Discharge Control Ordinance (Chapter 14.20 of the Chula Vista Municipal Code), the Development and Redevelopment Project Storm Water Management Standard Requirements Manual (approved by Council Resolution 2002-475), and the City of Chula Vista Standard Urban Storm Water Mitigation Plan to the satisfaction of the Director of Engineering. 47. Prior to issuance of any building permit for multi-family housing within the Project Developer shall enter into a maintenance agreement with the City, where Developer agrees to operate and maintain in perpetuity all private permanent BMPs deemed necessary by the Director of Engineering to provide service to multi-family site. Developer shall submit upon the City's request, and obtain approval from the Director of Engineering of a maintenance program for the proposed permanent BMP's. The maintenance program shall include, but not be limited to: I) a manual describing the maintenance activities of said facilities, 2) an .s;--;? 6 Resolution xxxxx Page 16 estimate of the cost of such maintenance activities, and 3) a funding mechanism for financing the maintenance program. (Engineering) 48. Prior to approval of each grading, construction, and building permits for the Project, Developer shall demonstrate, to the satisfaction of the Director of Engineering, compliance with all the applicable requirements of the approved Water Quality Technical Report. SEWER 49. Design all public sewers in accordance with the following requirements: a. Access points (manholes) to be located at centerline of street, cul-de-sac center, or at the center of a travel lane, unless otherwise approved by the Director of Engineering. (Engineering) b. Provide improved all-weather paved access to all sewer manholes to withstand H-20 wheel load or other loading as approved by the Director of Engineering. (Engineering) c. Sewer access points (manholes) shall not be located on slopes or in inaccessible areas for maintenance equipment. (Engineering) d. Provide sewer manholes at all changes of alignment of grade, unless otherwise approved by the Director of Engineering. Sewers serving 10 or less equivalent dwelling units shall have a minimum grade of I %. (Engineering) e. Manholes should not be located in the wheel tracks on Class I Collector Streets and above, unless otherwise approved by the Director of Engineering. Manholes within intersections of Class I Collectors and above shall meet Regional Standard Drawing M-4 (Locking). (Engineering) f. All PCC paved sewer and/or drainage maintenance access roads shall be 6 inches in thickness and contain #4 reinforcement bars at 18 inches on center each way to prevent differential displacement between concrete panels. (Engineering) g. Sewer main pipes shall not run parallel and under slopes greater than 5: I unless otherwise approved by Director of Engineering. (Engineering) h. Sewer lines, which are greater than 20 feet in depth, shall use C-900 or C-905 class pipe, as approved by the Director of Engineering. (Engineering) WATER 50. Prior to approval of each final map, present verification to the Director of Engineering in the form of a letter ITom Otay Water District indicating that the assessmentslbonded indebtedness for all parcels dedicated or granted in fee to the City have been paid, or that no assessmentslbonded indebtedness exist on the parcel(s). (Engineering) ..s -.;?7 Resolution xxxxx Page 17 51. Prior to approval of each final map, present verification to the Director of Engineering in the fonn of a letter from Otay Water District that the subdivision will be provided adequate water service and long-term water storage facilities. The Developer shall phase and install water system improvements as required by the Otay Water District. (Engineering, Planning & Building) 52. Prior to approval of each Final Map, the Applicant shall present verification to the Director of Engineering in the fonn of a letter from Otay Water District that Otay Water District is able to provide sufficient water supply pursuant to Section 66473.7 of the Califomia Government Code, as may be amended from time to time. AGREEMENTS/FINANCIAL 53. Enter into a supplemental agreement with the City wherein the Developer agrees as follows: a. That the City may withhold building pennits for the subject subdivision if anyone of the following occur: I. Regional development threshold limits set by the City, have been reached or in order to have the Project comply with the Growth Management Program as may be amended from time to time. 11. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. iii. The required public facilities, as identified in the PFFP, or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. . The Developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended, as approved by the City's Director of Planning & Building and the Director of Engineering. (Engineering, Planning & Building) b. Defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act; provided the City promptly notifies the subdivider of any claim, action or proceeding, and on the further condition that the City fully cooperates in the defense. (Engineering, Planning & Building) ~-- ;?'if --~ --..-.-...--,-",-..- ""-"'--"~'_._---'-, -" .__.~---~._-_._,-- Resolution xxxxx Page 18 c. Permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit and provide cable television service for each lot or unit within the final map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the final map only to those cable television companies franchised by the City of Chula Vista, the condition of such grant being that: (a) such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate that placement of such conduits; and (b) any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. (Engineering, Planning & Building) d. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. (Engineering, Planning & Building) e. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. (Engineering, Planning & Building) f. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). (Engineering) g. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. This agreement not to protest shall not be deemed a waiver of the right to challenge the amount of any assessment which may be imposed due to the addition of these new facilities and shall not interfere with the right of any person to vote in a secret ballot election. h. Indemnify, and hold harmless the City, its elected and appointed officers and employees, from and against all fines, costs, and expenses arising out of non-compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results from any action by the Developer, any agent or employee, subcontractors, or others. The Developer's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. (Engineering) S-~7 Resolution xxxxx Page 19 54. Prior to approval of each Final map, the Developer shall comply with all previous agreements as they pertain to the final map area. (Engineering, Planning & Building) 55. Prior to approval of each final map containing any public streets, the Developer shall agree to contract with the City's current street sweeping franchisee, or other server approved by the Assistant Director of Public Works Operations (ADPWO) to provide street sweeping for each phase of development on a rrequency and level of service comparable to that provided for similar areas of the City. The developer shall cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street, or 60 days after the completion of all punch list items, whichever occurs earlier. The developer further agrees to provide the ADPWO with a copy of the memo requesting street sweeping service. Such memo shall include a map of areas to be swept and the date the sweeping will begin. (Public Works) 56. No later than December 31, 2003, Developer shall, to the satisfaction of the City: a. Execute an agreement with an affordable housing developer for the development of Lot I of the Tentative Map as an affordable rental project to comply with Developer's obligation to provide such housing for low-income households; b. Submit applications to the appropriate State Agency for Multifamily Revenue Bonds and Low Income Housing Tax Credits for the development of the affordable rental project; c. Receive a financial commitment for Multifamily Revenue Bonds and Low Income Housing Tax Credits; and, d. Submit to the Community Development Department the required documentation demonstrating compliance with Developer's obligation to provide moderate-income housing. Should Developer be unable to demonstrate to the satisfaction of the City compliance with items "a" through "d" herein, developer, upon request of the City, shall enter into an agreement delineating the use of alternative methods of compliance, such as an off-site project and/or an in-lieu contribution. (Community Development) 57. Prior to issuance of Master Final Map, the Developer shall provide evidence, satisfactory to the Director of Planning & Building, that the school districts are satisfied. (Planning & Building) 58. The Developer shall implement the final. AQIP measures as approved by the City Council, and as may be amended from time to time, and to comply and remain in compliance with the Air Quality Improvement Plan (AQIP). (Planning) 59. The Developer acknowledges that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures related to new development as ,s-- ;30 Resolution xxxxx Page 20 various technologies and/or programs change or become available. The Developer shall modify the AQIP to incorporate those new measures, which are in effect at the time, prior to or concurrent with each final map approval within the Project. The new measures shall apply, as applicable, to development within all future final map areas, but shall not be retroactive to those areas, which receive Final map approval prior to effect of the subject new measures. (Planning) 60. The Developer acknowledges that the City Council may, from time-to-time, modify water conservation measures related to new development as various technologies and/or programs change or become available. The Developer shall be required to modify the WCP to incorporate those new measures, which are in effect at the time, prior to or concurrent with each final map approval within the Project. The new measures shall apply to development within all future final map areas, but shall not be retroactive to those areas, which received final map approval prior to effect of the subject measures. (Planning) 61. Prior to each DRC approval, the Developer shall be required to submit a detailed acoustical analysis to the satisfaction of the Environmental Review Coordinator and prepared by a qualified acoustical consultant that demonstrates that the building structures are adequately designed such that second-floor interior noise levels, due to exterior sources, will be at or below the 45 CNEL interior standard. Where exterior noise levels exceed 60 CNEL, additional measures shall be required to attenuate interior noise to the 45 CNEL standard in compliance with the noise mitigation measures required in the EIR 86-04 and EIR 97-04 and associated Mitigation Monitoring and Reporting Programs. (Environmental, Planning & Building) OPEN SPACE/ASSESSMENTS 62. The Developer shall obtain City council approval of a Community Facility District (CFD) formation no later than 60 days of approval of the Master Final Map for the Project or as extended by the City in their sole discretion. The Developer shall submit a list of amenities, acreage and maintenance costs for all open space lots and other improvements to be maintained by the proposed CFD including the pedestrian trail. Maintenance of said public improvements shall be accomplished by the Developer for a minimum period of one year, or until such time as accepted into the open space district by the Director of Public Works Operations. If Council does not approve the CFD formation, some other financing mechanism, such as homeowners association, or an endowment shall be established and submitted to the City for consideration prior to approval of the first Design Review for lots 2,3 or 4, or as extended by the City Engineer. Prior to the approval of the Master Final Map, the Developer shall submit an initial deposit of $10,000 to begin the process of formation of the Open Space District. All costs of formation and other costs associated with the processing of the open space relating to this project shall be borne by the Developer. The Developer shall provide all the necessary information and materials (e.g. tables, diagrams, etc.) required by the Director of Engineering for processing the formation of the proposed CFD. (Engineering) 63. Grant in fee to the City on the applicable final map, all the open space lots to be maintained by the City through the open space district. Developer shall provide on the final map a S--$/ Resolution xxxxx Page 21 certificate, pursuant to section 66477.2(a) of the Subdivision Map Act, rejecting those open space lots to be maintained by the Homeowners Association. (Engineering) 64. Prior to issuance of any grading permit which includes Landscaping and Irrigation (L&I) improvements to be installed in an open space lot to be maintained by the open space district, the developer shall place a cash deposit with the City which will guarantee the maintenance of the L&I improvements until the City accepts said improvements. In the event the improvements are not maintained to City standards as determined by the Director of Engineering, Director of Public Works or the Director of Parks & Building Construction, the deposit shall be used to perform the maintenance. The amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months as determined by the Director of Engineering. Any unused portion of said deposit shall be incorporated into the open space district's reserve at such time as the open space district assumes the maintenance of the open space lot. (Engineering, Public Works. Parks & Building Construction) 65. Conform to the design elements of the City's Landscape Manual for all landscaping, which falls within the maintenance responsibility of the open space District. (Parks & Building Construction) 66. Prior to each design review approval, provide proof to the satisfaction of the Director of Engineering and Director of Parks & Building Construction that all improvements located on open space lots will be incorporated into and maintained by a Home Owner's Association or an Open Space District. (Engineering, Parks & Building Construction) 67. Prior to approval of the Master Final Map for the Project, developer shall enter into a maintenance and grant of easements agreement with the City to provide for the maintenance of landscaping and improvements maintained by a Homeowners Association within City right-of-way or such other public areas required by the City. (Engineering, Parks & Building Construction) 68. Prior to issuance of the first building permit for Lot 1, developer shall enter into a maintenance agreement with the City which provide for the maintenance of all landscaping and improvements within the City right-of-way or other such public areas as required by the City to be maintained by an entity as approved by the City. EASEMENTS 69. Grant on the final maps minimum 15 ft. wide easements to the City of Chula Vista as required by the Director of Engineering for construction and maintenance of sewer facilities. (Engineering) 70. Provide minimum 15 ft. wide easements to the City of Chula Vista as required by the Director of Engineering for construction and maintenance of storm drain facilities. (Engineering) .s~ - $'':: .-.....-.---.....---.--- Resolution xxxxx Page 22 71. Provide 10 ft. wide general utility easements adjacent to street right-of-way within public open space lots, unless otherwise approved by the Director of Engineering. (Engineering) 72. Provide easements for all off-site public storm drains and sewer facilities prior to approval of each final map requiring those facilities unless Section 66462.5 of the State Map Act applies. The easements shall be sized as required by the City of Chula Vista Standards, unless otherwise approved by the Director of Engineering. (Engineering) 73. Notify the City, at least 60 days prior to consideration of the approval of the applicable final map by City Council, if off-site right-of-way and easements cannot be obtained as required by these conditions. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the developer shall: a. Pay the full cost of acquiring off-site right-of-way or easements required by the Conditions of Approval of the Tentative Map. b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. Said estimate is subject to the approval of the Director of Engineering. c. Have all right-of-way and/or easement documents and plats prepared and appraisals complete, as necessary to commence condemnation of proceeding, and as determined by the Director of Engineering. d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for off-site improvements, or work related to the final map. The Developer shall pay all costs, both direct and indirect, incurred in said acquisition. Items a, band c above shall be accomplished prior to the approval of the applicable final map. (Engineering) 74. Grant on all applicable final maps, easements along all public streets within the subdivision as shown on the tentative map and in accordance with City standards unless otherwise approved by the Director of Engineering and the Director of Planning & Building. The Director of Engineering may require either the removal or the subordination of any easement, which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way. (Engineering) 75. Grant on the appropriate final map, a 20 ft. minimum sewer and access easement for sewer lines located between residential units, unless otherwise required by the Director of Engineering. All other easements shall meet City standards for required width. (Engineering) MISCELLANEOUS 76. Prior to approval of any tentative or final map, submit copies of the map in a digital format. The drawing projection shall be in Califomia State Plane Coordinate System (NAD 83, Zone ~-- .23 Resolution xxx xx Page 23 6). The digital file shall combine all map sheets into a single CADD drawing, in DXF, DWG or Arc View (GIS) format and shall contain the following individual layers: Subdivision Boundary (closed polygons), Lot Lines (closed polygons) Street Centerlines (polygons) Easements (polylines) Street names (annotation) Lot Numbers (annotation) The digital file shall be submitted in accordance with the City Guidelines for Digital Submittal on 3\1," disks CDs, or as an e-mail attachment or as otherwise approved by the Director of Engineering. (Engineering) 77. Prior to approval of each grading, improvement and landscaping plan, submit copies of the respective grading, improvement, and landscape plans in digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital files shall combine all sheets into a single CADD drawing for each set of plans, in DXF, DWG or Arc View (GIS) format. The digital file shall be submitted in accordance with the City Guidelines for Digital Submittal on 3\1," disks CDs, or as an e-mail attachment or as otherwise approved by the Director of Engineering. (Engineering, Planning and Building) FIRE AND BRUSH MANAGEMENT 78. Provide fire hydrants every 500 ft. for single-family residential units and every 300 ft. for multi-family residential units. All hydrants shall be operable prior to delivery of combustible building materials, and minimum 20 ft. wide, all-weather fire access roads shall also be provided or an acceptable altemative approved by the Fire Marshall and in compliance with the UFC. (Fire) 79. Prior to issuance of the first building permit, provide a 20 ft. wide hard surface and required fire hydrant with required water pressure to the satisfaction of the Fire Marshall. (Fire) 80. Prior to delivery of combustible materials on any construction site, applicant shall, at a minimum, provide for adequate water supply, vehicular access and temporary street signs. Said access shall consist of minimum of first layer of hard surface with a minimum standard width of 20 feet with temporary roads allowed on a case-by-case basis. All vehicular access must be approved by the Director of Engineering. (Fire) CODE REQUIREMENTS 8 I. Comply with all applicable sections of the Chula Vista Municipal Code including Chapter 15.04 "Grading Ordinance" as amended. Preparation of the Final map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. (Engineering) s;-3:/ __".,_.".. _.... __'u__ ....__....____. Resolution xxxxx Page 24 82. Underground all utilities within the subdivision in accordance with Municipal Code requirements to the satisfaction of the Director of Engineering. (Engineering) 83. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the Director of Engineering. (Engineering) 84. Pay all required fees in the amount in effect at the time such fees are due, including the following fees, in accordance with the City Code and Council Policy: The Transportation and Public Facilities Development Impact Fees. Signal Participation Fees. All applicable sewer fees, including but not limited to sewer connection fees. Interim SR -125 development impact fee Poggi Canyon Gravity Sewer Basin DIF (Engineering, Planning & Building GROWTH MANAGEMENT/PUBLIC FACILITIES FINANCING PLAN (PFFP)/ PHASING 85. Developer shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). (Engineering, Planning & Building) 86. Install public facilities in accordance with the Land Swap Supplemental Public Facilities Financing Plan as may be amended from time to time, or as required by the Director of Engineering to meet threshold standards adopted by the City of Chula Vista. The Director of Engineering and Director of Planning & Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. (Engineering, Planning & Building) 87. If multiple development phases are proposed for any lots within the Project, Developer shall submit and obtain approval for a development phasing plan by the Department of Engineering and Director of Planning & Building prior to the first Design Review approval for said lot. The phasing plan shall include: a. A site plan showing the lot lines and lot numbers, the phase lines and phase numbers and number of dwelling units in each sub-phase, and b. A table showing the sub-phase number, the lots included in the phase and the number of units included in each phase. Improvements, facilities and dedications to be provided with each phase shall be determined by the Director of Engineering and Director of Planning & Building. The City reserves the right to require improvements, facilities and/or dedications as necessary to provide adequate ./;;,-- 3 :5- Resolution xxxxx Page 25 circulation and to meet the requirements of Police and Fire Departments. The Director of Engineering and Director of Planning & Building may, at their discretion, modify the sequence of improvements and construction should conditions change to warrant such revision(s). (Engineering, Planning & Building) HOMEOWNERS ASSOCIATIONS (HOA)/DECLARA TION CONDITIONS AND RESTRICTIONS CC&Rs) OF COVENANTS, 88. Prior to approval of the Master Final Map, Developer shall enter into an agreement to establish an HOA, or any other financing mechanism acceptable to the City for the Project. 89. Within 90 days of approval of the first Design Review for Lots 2, 3& 4, the Developer or its successor in interest shall submit to the City a draft copy of the HOA or other financing mechanism acceptable to the City for review by the Director of Planning &Building, Director of Parks and Building Construction and Director of Public Works. Developer shall also provide to the City satisfactory evidence demonstrating a budget sufficient to provide all required maintenance. The approved financing mechanism shall establish the responsibilities for common areas identified in Maintenance Responsibility Map to be approved prior to Master Final Map. The financing mechanism shall include the following: a. Provisions ensuring the maintenance of all private common facilities located within the project including, but not be limited to: walls, fences, community theme walls, water fountains, lighting structures, paths, trails, access roads, drainage structures, water treatment facilities, landscaping, trees, streets, parking lots, driveways, and private sewage systems. Common facilities are to be identified or labeled in an exhibit in the CC&Rs. Maintenance shall also be provided for any detention facilities for the Project. b. Provisions, which clearly indicate the responsibility of the HOA to water and maintain irrigation and planting within the public parkways and adjacent slope areas along EastJake Parkway south oflot I to Olympic Parkway. c. Provisions, which clearly indicate the responsibility of the HOA to water and maintain irrigation and planting within all areas within the project ITontage along Olympic Parkway between the back of trail and top of slope including areas identified on the tentative map as O.S. Lot "A" and O.S. Lot "B" d. Language naming the City of Chula Vista as a party to the CC&Rs, with the authority, but not the obligation, to enforce the terms and conditions of the CC&Rs in the same manner as any owner within the HOA. Should the City act to enforce the terms and conditions of the CC&Rs, all costs associated with such action shall be paid for by the HOA. e. Before any revisions to provisions of the CC&Rs that may particularly affect the City can become effective, said revisions shall be subject to the approval of the City. The HOA ~-30 _._~ _",m..__ "__u_m.__._ Resolution xxxxx Page 26 shall not seek approval from the City of said revisions without the prior consent of 100 percent of the holders of first mortgages or property owners within the HOA unless otherwise approved by the Director of Planning & Building. f. The HOA shall indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the HOA. g. The HOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of the City and 100 percent of the holders of first mortgages or property owners within the HOA. h. The HOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per-occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured. The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insured's. I. Language assuring HOA membership in an advance notice service such as the USA Dig Alert Service in perpetuity. 90. Future property owners shall be notified during escrow by a document to be initialized by the owners of the maintenance responsibility of the HOA and their estimated annual cost. The form of said document shall be approved by the Director of Planning & Building and the Director of Engineering prior to approval of the first Design Review for Lots 2, 3 & 4. (Engineering, Planning & Building) 91. Designate as private and maintain by a Homeowners Association all storm drain clean outs determined by the Director of Engineering to be in areas inaccessible for maintenance equipment. (Engineering) 92. Prior to approval of the Master Final Map, Developer shall submit and obtain approval of a revised Maintenance Responsibility Map for the Project from the Director of Planning and Building and the Director of Engineering, which shall include delineation of private and public property. (Planning and Building, Engineering) IX. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. ~-$7 Resolution xxxxx Page 27 X. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. It is in the public's interest for City to require EastLake to indemnify the City against the adverse risks and costs of a challenge to City's actions in preparing and approving a second Addendum to FSEIR 01-01 and approving the Tentative Subdivision Map for EastLake Land Swap Residential, Chula Vista Tract 03-04 and related discretionary approvals, if any; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve an Agreement for Indemnification and Covenants for Actions Taken by City related to EastLake Land Swap Residential, a copy of which shall be kept on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement for and on behalf of the City. Presented by: Approved as to fonn by: Robert A. Leiter Planning & Building Director Ann Moore City Attorney .s-- $'6" _ .__.__~___.~_.._~.u_ ._.... ._,__"~___._,____,. Resolution xxxxx Page 28 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this _ day of , 2003 by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: Steve Padilla, Mayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the _ day of ,2003. Executed this _ day of ,2003. Susan Bigelow, City Clerk ~-- 3~ ~..., ......--- ~._.,--~_._,._._._,.._-,_... EXHIBIT "A" Tentative Map ~-~~ ~- ~'" , m " -< ~ ~ ;; " (f) :J: m m -I Z 9 -I> m )>~ (J)m -IZ (')>~ ::+ )> '< ~ o - O^< ::Tmm ~ ~ <;>)> ~ ""U ~ (, () ~Z. -h < 00. ..., ~ ::J . 5)' (J) 0 ~6 )>~ -C )> JJ a ~r-- ~ ~ UJ ~ ... '-" '" - ~~ en ~ c ;:: ;:: )> JJ "" - - -< '" '" "',.. 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"' co ,~ ," ". 8~ " ~2o=-- U< co 0- ~ '" , I ~, g -~ ~ '- ~ ~ ~ ~ ! , ~~~~ m -< /. / /~ !~ " -", ATTACHMENT 3 Figures s-- 4/5- Parcel R-9 Proposed / ~ MajorVehtcular Ei1by ~1""'riorPedl ~ Vetilrolar COnnection taJ Nelghborhobd SlgMge SJ Concepluallocalion of Pedestrian Traij ~ $OOE arid I brSOCWA 9sement ~ No Permanent Slrudures Permftted. , - ,', ' other Uses subject 10 Easement RestiicUons ~ SDGE and I or SOCWA Easement ~r~1j!~ Srenfc Blrlfer ~EXterior ~ Slope Planting R-20 ~ \~ ,,<$>o> .. ,,'<' " .'\ " \'v-<) '. \~ -.~ , \ ) : . \ J > Pedestrian Connections to Trail System aridPa~ P-3 Ai E'ASTLAKE GREENS A Planned Communify In the City of Chura VISta Cinti land Planning A.:J9m ~ (1/28/03) Page 34 of 34 .!;.- - E/ &> ATTACHMENT 4 Ownership Disclosure Form s--Y/' ._._..... .___ _.n.m~.'. _ __......_ __"_...........___----+---_._._.__. ___~ -- -._-.--_.- -- __.__n. -....-.-...r-.... .................... ..H.............~-'. .........."................ or campaigit contributions, on _ all matters which win 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 !he names of - all persons having financial interest in the property which is the subject of the apptication or the contract. e.g., owner applicant, contractor, subcontractor, material supplier. --TI\-E. EASTLAJ::.E CO.. l.LC. , -.-J: c.. _ 'E,osw ISLt LAND rO. 2. If any person' identified pursuant to (1) above. is a corporation or partnership, list the names of all inorviduals owning mOre than 10% of the shares in the corporation or owning any partnership interest in the partnership. T. b . 13as 1,oJ e.l. L. 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. -.-:B 'L l.- O~ I12.S M IS Lf D G1l.J4 y ~IAY As A 1.-0 GA(l.Y LIN,; ""BILL Mc.IC.I~BI N --'...IANOC;/l.o,,^ ~ Assoc., Ait2.L 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No <----1f yes, state which Councilmember( s): Date: ~ (NO'" ATTACH ADDmoHA< PAGES AS "?:::1-: <;<-. (3'0'2- Y . Signat re of contractorfapplicant G:>>.. '/ As A {La Print or type name of contractorlapplicant .. Person is defined Q$.- "Any individual. firm. co-partner$hip.joinl venture. associaticm. social c1ub,freaternal organization.. corporoJiorr. estate. trust. rtceivtr. syndicate. thu and any other county. city and CQunJry. city municipality, district. or other political subdivision. or any other group or combination acting a.J a unit." .5.-- c;/Y