HomeMy WebLinkAboutReso 2004-021
RESOLUTION NO. 2004-021
RESOLUTION OF TIIE CITY COUNCIL OF TIIE CITY OF
CHULA VISTA APPROVING AND ESTABUSHING
CONDITIONS OF TIIE TENTATIVE SUBDIVISION MAP FOR
EASTLAKE SUMMIT, CHULA VISTA TRACT 04-01
I.
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 Summit Tentative
Subdivision Map, Chula Vista Tract 04-01; and for the purpose of general description herein
consists of 54.38 acres, commonly known as Parcel R-9 in the EastLake II SPA, located at the
northeast comer of EastLake Parkway and Olympic Parkway within the EastLake Greens
residential neighborhood ("Project Site'); and
B.
Project; Application for Discretionary Approval
WHEREAS, on August 7, 2003, the EastLake Company ("Developer') filed a tentative
subdivision map application with the Planning & Building Department of the City of Chula Vista
requesting approval of the tentative subdivision map to subdivide 54.38 acres into 39 residential
and open space lots and to be developed with 600 single-family attached/multi-family dwelling
units. The tentative map also includes three open space lots ("Project"); and
C.
Prior Discretionary Approval
WHEREAS, the development of the Project Site has been the subject matter of various
entitlements and agreements, including: 1) amended EastLake II General Development Plan
(GDP) approved by City Council by Resolution No 2002-64 on July 23, 2002; 2) EastLake II
Sectional Planning Area (SPA) Plan approved by City Council Resolution No 2002-151 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) Final Subsequent
Environmental Impact Report for the EastLake Trails/Greens Replanning Program (FSEIR
. 97-04) and associated Mitigation Monitoring and Reporting Program certified on November 24,
1998; 5) Addendum to FSEIR 97-04 for the EastLake Land Swap Residential project
(IS-03-009); 6) amended EastLake Comprehensive Affordable Housing Program adopted by
City Council Resolution 2001-220 on July 17, 2001; 7) the amended EastLake II Planned
Community District Regulations and Land Use Map approved by City Council Ordinance No.
2863 on August 6, 2002; 8) Chula Vista Tract Map 03-04 approved by City Council Resolution
2003-141on April 8, 2003; and 9) DRC 03-81 approved by the Design Review Committee on
November 17, 2003; and
D.
Planning Commission Record of Applications
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on December 17, 2003, and after hearing staff presentation and public testimony voted (3-1-2-1)
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Page 2
to 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 January 13, 2004, 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 feet 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.
on January 13, 2004, in the Council Chambers, 276 Fourth Avenue, before the City Council and
said hearing was thereafter closed.
NOW TIIEREFORE BE IT RESOLVED that the City Council hereby find, determine
and resolve as follows:
II.
PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on the project held on December 17, 2003, and the minutes and resolutions
resulting there from, are hereby incorporated into the record of this proceeding.
III. PREVIOUS FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (FSEIR)
97-04 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS
The City Council hereby finds that: 1) there were no changes in the Project from FSEIR
97-04 which would require revisions of said environmental report; 2) no substantial changes
have occurred with respect to the circumstances under which the Project is undertaken since the
previous environmental report; and 3) no new information of substantial importance to the
project has become available since the issuance and approval of the prior environmental report;
and that, therefore, no new effects could occur or no new mitigation measures will be required in
addition to those already in existence and made a condition for project implementation.
Therefore, the City Council approves the Project as an activity that is within the scope of the
project covered by the FSEIR 97-04 (Guideline 15162 and 15168).
IV.
COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the proposed Project for
compliance with the California Environmental Quality Act and hereby finds that the Project, as
analyzed in the Final Subsequent Environmental Impact Report for the EastLake Trails/Greens
Replanning Program (FSEIR 97-04) and addendum to FSEIR 97-04 for the EastLake Land Swap
Residential project (lS-03-009), would have no new effects that were not examined in said
FSEIR (Guideline 15168). No further environmental review or documentation is necessary.
V.
INDEPENDENT JUDGMENT OF CITY COUNCIL
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The City Council has exercised their independent review and judgment and concurs with
the Environmental Review Coordinator's determination that the proposed Project was adequately
covered in FSEIR 97-04 and addendum to FSEIR 97-04 for the EastLake Land Swap Residential
project (lS-03-oo9), and that said documents were prepared in accordance with the requirements
of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the
Environmental Review Procedures of the City of Chula Vista.
VI.
TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the
City Council finds that the Tentative Subdivision Map, as conditioned herein for EastLake Land
Swap Residential, Chula Vista Tract No. 04-01, is in conformance with the elements of the
City's General Plan, based on the following:
a) Land Use
The proposed subdivision provides for 39 lots, including 3 open space
lots, to be subsequently developed with a 6oo-unit condominium project. The site
is designated medium-high density in the General Plan and medium-high in the
EastLake II SPA. Thus, the Project as conditioned is in substantial compliance
with the EastLake II GDP and SPA and EastLake Greens Neighborhood SPA, and
is in substantial conformance with the EastLake II General Development Plan and
the adopted General Plan.
b) Circulation
All on-site and off-site public streets required to serve the subdivision will
be constructed or Development Impact Fees (DIF) paid by the developer in
accordance with the EastLake Greens Public Facilities Financing Plan.
The public streets serving 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.
c) Housing
The Project is consistent with the density prescribed within the EastLake
SPA and provides a mix of housing types at various densities for persons of
various income levels. Ten percent of the total number of housing units within
the SPA area has been dedicated to provide as affordable. Thus, the affordable
housing requirement shall be deemed to be satisfied upon the completion of
construction of 150 units known as the Rancho Vista Apartments, and the
certification by CIC EastLake that 143 units have been occupied and rent
restricted for low income households.
d) Conservation
FSEIR 97-04 addresses the goals and policies of the Conservation Element
of the General Plan and found the development of this site to be consistent with
these goals and policies.
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e) Parks & Building Construction, Open Space
The Project is served by an existing 15-acre community park located just
north of the Eastlake High School, and will be constructing a future 11.8-acre
neighborhood park (P-3) located east of the 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.
f) Seismic Safety
The proposed subdivision is in conformance with the goals and policies of
the Seismic Element of the General Plan for this site. There are no known
earthquake faults on or around the Project Site.
g) Safety
The Fire Department and other emergency service agencies have reviewed
the proposed subdivision for conformance with City safety policies and have
determined that the proposal meets the City Threshold Standards for emergency
services.
h) Noise
Noise mitigation measures included in the FSEIR 97-04 adequately
addresses 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.
i) 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.
j) Bicycle Routes
Although no designated regional off-street bicycle routes are included as
components of the internal circulation network, bicyclists will be readily able to
share the internal streets with motor vehicles due to low traffic volume and
limited speeds allowed. Bicycle route segments to connect to regional systems
have been incorporated as prescribed by the Circulation Element of the General
Plan. On-street bike lanes are included on the adjacent arterial highways. The
bike lanes will be paved components of the street systems indicated.
k) Public Buildings
No public buildings are proposed on the Project Site. The Project is
subject to Residential Construction Tax (RCT) fees prior to issuance of building
permits.
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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 FURTIIER 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 04-01, Final Subsequent
Environmental Impact Report for the EastLake Trails/Greens Replanning Program (FSEIR
97-04) and associated Mitigation Monitoring and Reporting Program and addendum to FSEIR
97-04 for the EastLake Land Swap Residential project (lS-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 Subsequent Environmental Impact
Report for the EastLake Trails/Greens Replanning Program (FSEIR 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 FSEIR 97-04. Modification of the sequence shall be at the discretion of the Director of
Planning & Building should changes in the circumstances warrant such revision.
C.
Implement Public Facilities Financing Plan
Developer shall install public facilities in accordance with the EastLake Greens Public
Facilities Financing Plan, as amended or as required by the Director of Engineering, to meet the
threshold standards adopted by the City of Chula Vista. The Director of Engineering and
Planning & Building Director may, at their discretion, modify the sequence of improvement
construction should conditions change to warrant such a revision.
D.
Design Consistency
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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 in accordance with DRC 03-81 approved by the Design Review Committee
on November 17, 2003.
E. The conditions herein imposed on the grant of the permit or other entitlement
herein contained is approximately proportional both to nature and extent of impact created by the
proposed development.
VIII. SPECIAL CONDITIONS OF APPROVAL
Unless otherwise specified, all conditions and code requirements listed below shall be
fully completed to the City's satisfaction prior to approval of each final map.
GENERAL/PRELIMINARY
1. 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: 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
2202-151 on May 7, 2002; 3) EastLake 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 Subsequent Environmental Impact Report (EIR) for the EastLake
Trails/Greens Replanning Program (FSEIR 97-04) and associated
Mitigation Monitoring and Reporting Program certified on November 24,
1998; 5) Addendum to FSEIR 97-04 for the EastLake Land Swap
Residential Project (IS-03-009); 6) amended EastLake Comprehensive
Affordable Housing Program adopted by City Council Resolution
2001-220 on July 17, 2001; and 7) the amended EastLake II Planned
Community District Regulations and Land Use Map approved by City
Council Ordinance 2863 on August 6, 2002; and 8) Chula Vista Tract Map
03-04 by City Council Resolution 2003-1410n April 8, 2003; and 9) DRC
03-81 approved by the Design Review Committee on November 17, 2003.
The Developer shall enter into an agreement with the City, providing the
City with such security (including recordation of covenants running with
the land) and implementation procedures as the City may require to
comply with the above regulatory documents. Said agreement shall also
ensure that, after approval of the final map, the 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,
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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 fmal 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 (Le., 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 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
indenmify, 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)
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. 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)
8. 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
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dedicated to the City, said fee title shall be free and clear of all
encumbrances, unless otherwise excused by the City.
9. Applicant shall submit and obtain approval by the City of a Master
Final Map ("Master Final Map") containing the entire project's area. Said
Master Final Map shall also show public and private easements required to
serve the lots created by said map to the satisfaction of the Director of
Planning & Building and the Director of Engineering.
ENVIRONMENTAL/PRESERV ATION
SUBDIVISION DESIGN
10. Prior to approval of the Master Final Map, the Developer shall enter
into a supplemental subdivision agreement to implement, to the
satisfaction of the Director of Planning & Building, all applicable
mitigation measures identified in FSEIR 97-04, the associated California
Environmental Quality Act (CEQA) Findings of Fact and Mitigation
Monitoring and Reporting Program and all addendum thereto in
accordance with the requirements, provisions and schedules contained
therein, and as further specified in these tentative map conditions.
Modification of the sequence of mitigation shall be at the discretion of the
Director of Planning & Building should changes in circumstances warrant
such a revision. If any permits are required to be obtained by Developer
as set forth herein, Developer shall obtain said permits with applicable
agencies in consultation with the City. (Engineering/Planning)
11. Implement, or cause the implementation of all mitigation measures
pertaining to the project identified in FSEIR 97-04, the associated
California Environmental Quality Act (CEQA) Findings of Fact and
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. Mitigation Measures shall be monitored via the Mitigation
Monitoring and Reporting Program approved in conjunction with FSEIR
97-04. Modification of the sequence of mitigation shall be at the
discretion of the Director of Planning & Building should changes in the
circumstances warrant such revision. (planning & Building)
12. Install all street trees in accordance with Section 18.32 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 Planning & Building, Director of General
Services 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 [mal approval of the species
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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. (planning & Building, General Services, Public Works)
13. Prior to the issuance of each rough grading permit proposing to grade
individual lots and public 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
14. Prior to approval of the Master Final Map for the Project, Developer
shall construct and secure, in accordance with Chapter 18.16 of the
Municipal Code, full gravity sewer improvements deemed necessary by
the Director of Engineering to: 1) complete the gravity sewer system
within that portion of Eastlake Parkway extending from station 52+84.01
to 88+75.84 (near EastLake Greens R-26 project), and 2) provide sewer
service to the proposed project.
If improvement plans have been approved by the City, the amount of
the security for the above noted improvements shall be 110% of the
construction cost estimate approved by the Director of Engineering. If
improvement plans are being processed, 150% of approved cost estimate.
Or, if improvement plans are not being processed by the City, 200% of
construction cost estimate approved by the Director of Engineering. A
lesser percentage may be required if it is demonstrated, to the satisfaction
of the Director of Engineering, that sufficient data or other information is
available to warrant such reduction. (Engineering)
15. Design all street vertical and horizontal curves and intersection sight
distances to conform to the CalTrans' Highway Design Manual and City
Standards. All streets, which intersect other streets at or near a horizontal
or vertical curve, shall meet intersection design sight distance
requirements in accordance with City Standards. When a conflict between
the CalTrans Highway Design Manual and adopted City standards exists,
the adopted City standards shall prevail. Lighted sag vertical curves will
be permitted at intersections per AASHTO standards and with approval of
the Director of Engineering. (Engineering)
16. Developer shall demonstrate on the Master Final Map for the Project
that all lots created by said map have been provided private and/or public
easements which ensure 1) legal access to an approved public street, and
2) the ability to connect to public utilities.
17. 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
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Page 10
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)
18. Prior to approval of the Master Final Map, Developer shall construct
and secure, in accordance with Chapter 18.6 of the Municipal Code and
City policy, all public and private improvements within the Common
Private Street (the main street connecting the proposed Project's access
points at Eastlake Parkway and Olympic Parkway) to the satisfaction of
the Director of Engineering.
19. 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)
20. Prior to approval of the Master Final Map for the Project as to
facilities 1, 2 & 3, Developer shall: 1) enter into an agreement to locate,
align, design and construct, and 2) provide security by means of a cash
bond or any other security, all as approved by the Director of Planning &
Building which shall remain in full force and effect until the facilities, as
set forth below, are constructed:
Facility #1: Construction of a 5-foot wide pedestrian trail from north of
Olympic Parkway to Eastlake Parkway, to the satisfaction of the Director
of Planning & Building. The final alignment shall be contained within a
public easement as approved by the Director of Planning & Building.
Developer shall complete construction no later than the issuance of the
30Oth cumulative building permit for the Project or at a later date as
approved by the Director of Planning & Building in his/her sole discretion.
Facility #2: Construct, in conjunction with the construction of facility 1,
three 6-foot wide trail connections to the pedestrian trail (Facility "1") in
compliance with DRC 03-81 to the satisfaction of the Director of Planning
& Building.
Facility #3: Construction of a 6-foot wide trail connection from Facility #1
to Sunsetview neighborhood Park P-3 and contained within a public
easement to the satisfaction of the Director of Planning & Building.
Developer shall complete construction no later than the issuance of the
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30Otb building permit for the Project, or at a later date as approved by the
Director of Planning & Building at his/her sole discretion. (Engineering,
Planning & Building)
21. 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 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
22. 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)
23. 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)
24. Construct energy dissipaters at all storm drain outlets, as required by
the Director of Engineering to maintain non-erosive flow velocities.
(Engineering)
25. 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)
26. 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)
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27. 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)
28. 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)
29. 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 Home Owner's Association (HOA) slopes
by the Director of Engineering. (Engineering)
30. 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)
31. Design and construct the inclination of each cut or fill surface,
resulting in a slope, to not be steeper than 2:1 (two horizontal to one
vertical), except for minor slopes as herein defined. All constructed minor
slopes shall be designed for proper stability considering both geological
and soil properties. A minor slope may be constructed no steeper than one
and one-half horizontal to one vertical (1.5:1) contingent upon:
a. Submittal and approval of reports by both a soils engineer and a
certified engineering geologist containing the results of surface and
sub-surface exploration, and analysis. These results should be sufficient
for the soils engineer and engineering geologist to certify that in their
professional opinion, the underlying bedrock and soil supporting the slope
have strength characteristics sufficient to provide a stable slope and will
not pose a danger to persons of property.
b. The installation of an approved slope planting program and
irrigation system.
c. "Minor Slope" is defined as a slope 4 feet or less in vertical
dimension in either cut or fills, between single-family lots and not parallel
to any roadway. (Engineering)
32. 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)
33. 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
Resolution 2004-021
Page 13
mechanism approved by the City to fmance the operation, maintenance,
inspection, and monitoring of National Pollutant Discharge Elimination
System (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)
34. 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)
35. The Development shall comply with all applicable regulations
established by the United States Environmental Protection Agency
(USEPA), as set forth in the National Pollutant Discharge Elimination
System (NPDES), permit requirements for urban runoff and storm water
discharge, the Clean Water Act, and any regulations adopted by the City
of Chula Vista, pursuant to the NPDES regulations or requirements.
Further, the Developer shall file a Notice of Intent with the State Water
Resources Control Board to obtain coverage under the NPDES General
Permit for Storm Water Discharges Associated with Construction Activity
and shall implement a Storm Water Pollution Prevention Plan (SWPPP)
concurrent with the commencement of grading activities. The SWPPP
shall include both construction and post construction pollution prevention
and pollution control measures and shall identify funding mechanisms for
post construction control measures. The Developer shall comply with all
the provisions of the NPDES and the Clean Water Program during and
after all phases of the development process, including, but not limited to,
mass grading, rough grading, construction of street and landscaping
improvements, and construction of dwelling units. The Developer shall
design the project storm drains and other drainage facilities to include best
management practices to minimize non-point source pollution, to the
satisfaction of the Director of Engineering. (Engineering)
36. 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 Standard Urban Storm Water Mitigation Plan to the
satisfaction of the Director of Engineering.
37. Prior to approval of the Master Final Map 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 BMP's deemed necessary by the Director of Engineering to
provide service to the project. Developer shall submit upon the City's
request, and obtain approval from the Director of Engineering of a
maintenance program for the proposed permanent BMP's. The
maintenance program shall include, but not be limited to: 1) a manual
describing the maintenance activities of said facilities, 2) an estimate of
Resolution 2004-021
Page 14
SEWER
WATER
L------
the cost of such maintenance activities, and 3) a funding mechanism for
financing the maintenance program. (Engineering)
38. 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 "The Summit at Eastlake Preliminary Water Quality
Technical Report" prepared by SB&O Inc. dated October 3, 2003.
39. Design all public sewers in accordance with the following
requirements:
a. Access points (manholes) to be located at centerline of street,
cul-de-sac center, or at the center of a travel lane, unless otherwise
approved by the Director of Engineering. (Engineering)
b. Provide improved all-weather paved access to all sewer manholes to
withstand H-20 wheel load or other loading as approved by the Director of
Engineering. (Engineering)
c. Sewer access points (manholes) shall not be located on slopes or in
inaccessible areas for maintenance equipment. (Engineering)
d. Provide sewer manholes at all changes of alignment of grade, unless
otherwise approved by the Director of Engineering. Sewers serving 10 or
less equivalent dwelling units shall have a minimum grade of 1%.
(Engineering)
e. All PCC paved sewer maintenance access roads shall be 6 inches in
thickness and contain No.4 reinforcement bars at 18 inches on center each
way to prevent differential displacement between concrete panels.
(Engineering)
f. Sewer main pipes shall not run parallel and under slopes greater than
5:1 unless otherwise approved by Director of Engineering. (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)
h. Sewer connections to public systems along Eastlake Parkway and
Olympic Parkway shall be designed and constructed to the satisfaction of
the Director of Engineering including all-weather paved access that can
withstand H-20 wheel loads. Upon request of the Director of Engineering,
Developer shall relocate any utilities and facilities required to provide said
access and connection. (Engineering)
Resolution 2004-021
Page 15
40. Prior to approval of the Master Final Map, present verification to the
Director of Engineering in the form of a letter from 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
assessments/bonded indebtedness exist on the parcel(s). (Engineering)
41. Prior to approval of the Master Final Map, present verification to the
Director of Engineering in the form of a letter from Otay Water District
that the subdivision will be provided adequate water service and long-term
water storage facilities. The Developer shall phase and install water
system improvements as required by the Otay Water District.
(Engineering, Planning & Building)
42. Prior to approval of the Master Final Map, the Applicant shall present
verification to the Director of Engineering in the form of a letter from
Otay Water District that Otay Water District is able to provide sufficient
water supply pursuant to Section 66473.7 of the California Government
Code, as may be amended from time to time.
AGREEMENTSIFINANCIAL
43. Prior to the Master Final Map for the project, enter into a
supplemental agreement with the City wherein the Developer agrees as
follows:
a. That the City may withhold building permits for the subject
subdivision if anyone of the following occurs:
i. Regional development threshold limits set by the City, have
been reached or in order to have the project comply with the
Growth Management Program as may be amended from time to
time.
ii. Traffic volumes, levels of service, public utilities and/or
services either exceed the adopted City threshold standards or fail
to comply with then effective Growth Management Ordinance, and
Growth Management Program and any amendments thereto.
Public utilities shall include, but not be limited to, air quality,
drainage, sewer and water.
iiL The required public facilities, as identified in the Public
Facilities Financing Plan (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, indenmify 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
Resolution 2004-021
Page 16
approval by the City including approval by its Planning Commission, City
Council or any approval by its agents, officers, or employees with regard
to this subdivision pursuant to Section 66499.37 of the State Map Act;
provided the City promptly notifies the subdivider of any claim, action or
proceeding, and on the further condition that the City fully cooperates in
the defense. (Engineering, Planning & Building)
c. Permit all cable television companies franchised by the City of Chula
Vista equal opportunity to place conduit and provide cable television
service for each lot or unit within the final map area. Developer further
agrees to grant, by license or easement, and 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: 1) 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 2) 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 San Diego Association of Governments (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.
Resolution 2004-021
Page 17
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 National
Pollutant Discharge Elimination System (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)
44. Prior to approval of the Master Final Map, the Developer shall
comply with all previous agreements as they pertain to the master final
map area. (Engineering, Planning & Building)
45. Prior to approval of the Master Final Map, the Developer shall
provide evidence, satisfactory to the Director of Planning & Building, that
the school districts are satisfied. (planning & Building)
46. The Developer shall implement the final Air Quality Improvement
Plan .(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 AQIP. (Planning)
47. The Developer acknowledges that the City Council may, from
time-to-time, modify air quality improvement and energy conservation
measures related to new development as various technologies and/or
programs change or become available. The Developer shall modify the
AQIP to incorporate those new measures, which are in effect at the time,
prior to or concurrent with the master fmal map approval within the
Project. The new measures shall apply, as applicable, to development
within all future fmal map areas, but shall not be retroactive to those areas,
which receive final map approval prior to effect of the subject new
measures. (planning)
48. The Developer acknowledges that the City Council may, from
time-to-time, modify water conservation measures related to new
development as various technologies and/or programs change or become
available. The Developer shall be required to modify the Water
Conservation Plan to incorporate those new measures, which are in effect
at the time, prior to or concurrent with the Master Final Map approval
within the project. The new measures shall apply to development within
all future fmal map areas, but shall not be retroactive to those areas, which
received fmal map approval prior to effect of the subject measures.
(planning)
49. Prior to approval of the Master Final Map, 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 65 CNEL, additional measures shall be
Resolution 2004-021
Page 18
required to attenuate interior noise to the 45 CNEL standard in compliance
with the noise mitigation measures required in the FSEIR 97-04 and
associated Mitigation Monitoring and Reporting Program.
(Environmental, Planning & Building)
OPEN SP ACE/ASSESSMENTS
EASEMENTS
~------
50. 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)
51. 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)
52. Grant on the Master Final Map 15 foot wide easements (minimum) to
the City of Chula Vista as required by the Director of Engineering for
construction and maintenance of sewer facilities. (Engineering)
53. 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.). Mter 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 condenmation 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 [mal map. (Engineering)
54. Grant on the Master Final Map a 20-foot minimum sewer and access
easement for sewer lines located between residential units, unless
Resolution 2004-021
Page 19
otherwise required by the Director of Engineering. All other easements
shall meet City standards for required width. (Engineering)
MISCELLANEOUS
55. Prior to approval of any tentative and final map, submit copies of the
map in a digital format. The drawing projection shall be in California
State Plane Coordinate System (NAD 83, Zone 6). The digital file shall
combine all map sheets into a single CADD drawing, in DXF, DWG or
Arc View (GIS) format and shall contain the following individual layers:
Subdivision Boundary (closed polygons)
Lot Lines (closed polygons)
Street Centerlines (polygons)
Easements (polylines)
Street names (annotation)
Lot Numbers (annotation)
The digital file shall be submitted in accordance with the City Guidelines
for Digital Submittal on 3Y2" disks CD's, or as an e-mail attachment or as
otherwise approved by the Director of Engineering. (Engineering)
56. 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 3Yz" disks
CD's, or as an e-mail attachment or as otherwise approved by the Director
of Engineering. (Engineering, Planning & Building)
57. Prior to approval of the Master Final Map, Developer shall enter into
an agreement to construct and secure to the satisfaction of the City
Engineer, the following:
a. For horizontal control, a 'B' order (1st order) GPS monument per
City of Chula Vista Subdivision Manual Section 2-302.1.
b. For vertical control, a benchmark per City of Chula Vista Subdivision
Manual Section 2-302.3.
FIRE AND BRUSH MANAGEMENT
58. Provide fire hydrants every 500 ft. for single-family residential units
and every 300 feet for multi-family residential units. All hydrants shall be
operable prior to delivery of combustible building materials, and minimum
20 feet wide, all-weather fire access roads shall also be provided or an
acceptable alternative approved by the Fire Marshall and in compliance
with the UFC. (Fire)
Resolution 2004-021
Page 20
59. Prior to issuance of the first building permit, provide a 20-foot wide
hard surface and required fire hydrant with required water pressure to the
satisfaction of the Fire Marshal. (Fire)
60. 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
61. Comply with all applicable sections of the Chula Vista Municipal
Code including Chapter 15.04 "Grading Ordinance" as amended.
Preparation of the Master 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)
62. Underground all utilities within the subdivision in accordance with
Municipal Code requirements to the satisfaction of the Director of
Engineering. (Engineering)
63. 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)
64. 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
65. 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)
66. Install public facilities in accordance with the Land Swap
Supplemental Public Facilities Financing Plan as may be amended from
Resolution 2004-021
Page 21
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)
67. If multiple development phases are proposed for 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 issuance of the first building permit within the master
final map. 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 subphase number, the lots included in the phase
and the number of units included in each phase.
Improvements, facilities and dedications to be provided with each phase
shall be determined by the Director of Engineering and Director of
Planning & Building. The City reserves the right to require
improvements, facilities and/or dedications as necessary to provide
adequate circulation and to meet the requirements of Police and Fire
Departments. The Director of Engineering and Director of Planning &
Building may, at their discretion, modify the sequence of improvements
and construction should conditions change to warrant such revision(s).
(Engineering, Planning & Building)
HOMEOWNERS ASSOCIATIONS (HOA)/DECLARATION
CONDITIONS AND RESTRICTIONS CC&R's
OF
COVENANTS,
68. 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.
69. Within 90 days of approval of the Master Final Map for the project,
the Developer or its successor in interest shall submit to the City a draft
copy of the HOA or other fmancing 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 fmancing mechanism
shall establish the responsibilities for common areas identified in the
Maintenance Responsibility Map to be approved prior to said 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 quality treatment facilities,
landscaping, trees, streets, parking lots, driveways, and private sewage,
and water systems. Common facilities are to be identified or labeled in an
Resolution 2004-021
Page 22
exhibit in the CC&R's. 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,
public easements, and adjacent slope areas within the entire frontage of
Eastlake Parkway.
c. Provisions, which clearly indicate the responsibility of the HOA to
water and maintain irrigation and planting within all areas within the
project frontage along Olympic Parkway between the back of trail and top
of slope including areas identified on Map Number 14591 as Lot "A" and
Lot "B".
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
HOA. Should the City act to enforce the terms and conditions of the
CC&R's, all costs associated with such action shall be paid for by the
HOA.
e. Before any revisions to provisions of the CC&R's that may
particularly affect the City can become effective, said revisions shall be
subject to the approval of the City. The HOA shall not seek approval from
the City of said revisions without the prior consent of 100 percent of the
holders of first mortgages or property owners within the HOA unless
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.
70. Future property owners shall be notified during escrow by a document
to be initialed 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
Resolution 2004-021
Page 23
Engineering prior to approval of the Master Final Map for the project.
(Engineering, Planning & Building)
71. 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 & Building and the Director of
Engineering, which shall include delineation of private and public
property. (Planning & Building, Engineering)
72. Prior to approval of the Master Final Map, pay a fee of $6,750 to the
City's Department of Public Works - Transit Division for bus stop
improvements near the entrance(s) on Olympic Parkway and EastLake
Parkway.
CONSEQUENCE OF FAILURE OF CONDITIONS
IX.
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented and
maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny, or further condition issuance of all future building permits, deny,
revoke, or further condition all certificates of occupancy issued under the authority of approvals
herein granted, institute and prosecute litigation to compel their compliance with said conditions
or seek damages for their violation. No vested rights are gained by Developer or a successor in
interest by the City's approval of this resolution.
x.
INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in the
event that anyone or more terms, provision, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to
be automatically revoked and of no further force and effect ab initio.
It is in the public's interest for City to require EastLake to indemnify the City against the
adverse risks and costs of a challenge to City's actions in approving the Tentative Subdivision
Map for EastLake Land Swap Residential, Chula Vista Tract 04-01 and related discretionary
approvals, if any; and
BE IT FURTIIER 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.
Resolution 2004-021
Page 24
Presented by
Approved as to form by
r~~
Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of January, 2004, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
Davis, McCann, Rindone, Salas and Padilla
None
None
ATTEST:
~ ~ 6--cf=3.\~ 0 ~
Susan Bigelow, CMC, City Cle
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITYOFCHULA VISTA
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2004-021 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 13th day of January, 2004.
Executed this 13th day of January, 2004.
~ I J tL: ~~9->-----"
Susan Bigelow, CMC, City C k
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Lar Lar AREA ACRC
No.. -(So.. FT.) (AC.)
I 121.20.1 2.782
2 US. 121 3010.2
,J ,J5,199 0.80.8
~ 19.1,J6 a.4J9
5 60.529 I.J9D
6 ~5.1,J0 l.a,J6
1 1,655 0..116
8 21.697 0..498
9 21.()O/B a.48J
10 14.170. 0.J25
1/ 85.1,J9 1.968
12 24,9401 a.51J
IJ ,J1,910 0.870.
14 6,8,J6 0.151
15 TI,/81 0..251
16 56.0.64 1.281
17 1B.9,JJ 0.a5
IB 15.964 0.,J66
I!I !I.9i!8 0..228
20. 9.956 0.229
21 48.870. 1.122
22 286,0.20. 6.566
2J Tl5.a52 2.641
12- f-03
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ap£N SPACE'
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LOT LOT AREA ACRE
No.. (so. n) (Ac.)
24 51.2~7 /.f 76
25 IJ9"JU J.199
26 l,J87 0..169
27 96.9J5 2.225
28 75.800 1.740.
29 28.296 0..650.
.10 10..],0.5 2.J66
.II 5.1.876 !.J,J7
,J2 61,0.21 1.5.19
JJ 51.0.20. 1.171
J. 21a.J98 4.8Ja
J5 52.,J4g 1.20.2
.16 o/!1,788 1.0.91
J7 JB.271 0..879
J8 11.],911 2.615
J9 2J.8ge 0..549
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"0- PRODuCT
'0' PROOUCT
'V. PRaOuCT
'2]' PRODUCT
"8' PRODUCT
-8' PRDDUCT
"8' PROOI/CT
,,' PRaouCT
,,' PRDOI/CT
:" PRaDUCT
,,' PfIOol/cr
,,' Pflaol/cr
II
CHULA VISTA mACT MAP 040æ
60772X08.DWG
60770.tX