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HomeMy WebLinkAboutReso 2006-337 e e e RESOLUTION NO. 2006-337 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (I) ADOPTING MITIGATED NEGATIVE DECLARATION (IS-06-008); (2) APPROVING A CONDITIONAL USE PERMIT (PCC-06-26); (3) APPROVING DESIGN REVIEW PERMIT (DRC-06-35); AND (4) APPROVING TENTATIVE MAP (PCS-06-06) TO ALLOW THE CONSTRUCTION OF 167 MULTI- FAMILY UNITS AND 3,793 SQUARE FEET OF COMMERCIAL SPACE ON THE SITE AT 914-944 THIRD AVENUE A. RECITALS 1. Project Site WHEREAS, the parcel, which is the subject matter of this resolution, is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 912-944 Third Avenue, Chula Vista; and 2. Project; Applications for Discretionary Approval WHEREAS, on November 1, 2005 a duly verified application for a Rezone (PCZ-06-04) with a Precise Plan Standard, Design Review Permit (DRC-06-35), a Conditional Use Permit (PCC-06-026), Precise Plan and Tentative Subdivision Map (PCS-06-06) was filed with the City of Chula Vista on behalf of the applicant requesting a rezone, precise plan, conditional use permit, design review and tentative map to enable the development of a l67-unit mixed use residential project with 3,793 square feet of commercial retail space located at 912-944 Third A venue (Project); and WHEREAS, the Environmental Review Coordinator determined that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures have been incorporated and agreed to by the project proponent; and 3. Chula Vista Redevelopment Corporation and City Council Record on Application WHEREAS, the Chula Vista Redevelopment Corporation (CVRC) held a duly noticed public hearing to consider said application at the time and place as advertised, namely November 16, 2006 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Chula Vista Redevelopment Corporation and said hearing was thereafter closed. WHEREAS, the proceedings and all evidence introduced on this Application before the Chula Vista Redevelopment Corporation at their public hearing held on November 16,2006, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and Resolution No. 2006-337 Page 2 WHEREAS, the Chula Vista City Council held a duly noticed public hearing to consider -. said application on November 16, 2006 and after considering all evidence and testimony presented recommended by a vote of 3-0 that the Chula Vista City Council adopt Mitigated Negative Declaration (IS-06-008); approve Conditional Use Permit (PCC-06-026); approve Design Review (DRC-06-35); and approve Tentative Subdivision Map (PCS-06-06). NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: B. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has constructed an Initial Study, IS-06-008, in accordance with the California Environmental Quality Act. Based upon results of the Initial Study, the Environmental Review Coordinator determined that the project could result in effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator prepared a Mitigated Negative Declaration, IS-06-008. C. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that, in the exercise of its independent judgment, as set forth in the record of its proceedings, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-06-008), which is on file in the Planning and Building Department, has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), and the Environmental Review Procedures of the City of Chula Vista; and that the Project's environmental impacts will be mitigated by adoption of the Mitigation Measures described in the Mitigated Negative Declaration, and contained in the Mitigation Monitoring and Reporting Program, and that the Mitigation Monitoring and Reporting Program is designed to ensure that during Project implementation, the permittee/Project applicant, and any other responsible parties implement the project components and comply with the Mitigation Monitoring Program. -. D. CONDITIONAL USE PERMIT FINDINGS The City Council does hereby make the findings required by CVMC 19.14.080 for the issuance of conditional use permits, as herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated findings to be made. 1. That the proposed use at the particular 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. The proposed project will enhance the livability of Chula Vista through the creation and maintenance of a mixed-use project that will help promote the City as a stable and ~. economically and socially diverse community. A primary objective of redevelopment is e e e Resolution No. 2006-337 Page 3 to use tax increment to address blighted conditions. The property currently has an assessed value of approximately $800,000, according to the County of San Diego tax rolls. Upon completion, the proposed project is projected to have an assessed value of approximately $61 million, thus generating an annual tax increment of approximately $600,000, which will directly benefit the City of Chula Vista. In addition, the vacant property has been utilized by the homeless as a camp area for many years. The proposed project will eliminate this illegal activity and make the surrounding area much safer for the existing residents, elementary school students, and church. 2. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. It is anticipated that the project will not be detrimental to health, safety or general welfare of persons residing or working in the vicinity. The project complies with the adopted precise plan development standards for the site, which were approved based upon the findings outlined in section 19.14.576 of the Chula Vista Municipal Code. 3. That the proposed use will comply with the regulations and conditions specified in this code for such use. The project complies with all regulations of the CC zone as modified by precise plan standards adopted for the subject parcel based upon section 19.14.576 of the Chula Vista Municipal Code. 4. That the granting of this conditional use will not adversely affect the General Plan of the City or the adopted plan of any government agency. The granting of the conditional use permit for the proposed project would not adversely affect the City's General Plan. This site is designated mixed-use residential and the project would provide a mixed-use development of residential and neighborhood serving commercial uses. The precise plan standards for the project site would allow for the modification to the front yard setback from 25 feet to 20 feet to allow clustering of the units in the podium building along Third Avenue, thereby creating a more urban pedestrian friendly design and retaining the open space amenity along the west side of the project site. E. CONFORMANCE WITH CITY DESIGN MANUAL The City Council does hereby find that the Project is in conformance with the City of Chula Vista Design Manual, Landscape Manual and the requirements of the Zoning Ordinance and hereby approves the Design Review Permit (DRC-06-35), subject to conditions of Exhibit B. Resolution No. 2006-337 Page 4 F. CONFORMANCE WITH SUBDIVISON MAP ACT .-, The City Council does hereby fmd that Project is in conformance with the City of Chula Vista Subdivision Manual and hereby approves the Tentative Map (PCS 06-06), subject to conditions of Exhibit C. G. GOVERNMENT CODE SECTION 66020(d)(I) NOTICE Pursuant to Government Code Section 66020(d)(I), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. H. 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 and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. .-, BE IT FURTHER RESOLVED that the Chula Vista City Council does hereby: I) Adopt Mitigated Negative Declaration (IS-06-008); 2) Approve Conditional Use Permit (PCC-06-026), subject to conditions of Exhibit B; 3) Approve Design Review Permit (DRC-06-35), subject to conditions of Exhibit B; and 4) Approve Tentative Map (PCS-06-06), subject to conditions of Exhibit C, for the development of a I 67-unit mixed use residential project with 3,793 square feet of commercial retail space at the site located at 912-944 Third Avenue. 4/4 Approved as to form by Arm Hix Acting Community Development Director ~01\\\\<\..r~ Arm Moore City Attorney .-, T e e e Resolution No. 2006-337 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of November 2006, by the following vote: AYES: Councilmembers: Castaneda, McCann, and Rindone NAYES: Agency Members: None ABSENT: Agency Members: ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) Stephen . Padilla, Mayor I, Susan Bigelow, City Clerk of the City of ChuIa Vista, do hereby certify that the foregoing Resolution No. 2006-337 was duly passed, approved, and adopted by the City Council at an adjourned regular meeting held on the 16th day of November 2006. Executed this 16th day of November 2006. ~. n^,-,_~~~/? Yt^- Sus Bigelow, MMC, City lerk EXHISfT A San Diego Country Golf Course CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT Creekside Vistas, LLC. C/o C) APPl.ICANT: Dougias Wilson Companies. PROJECT T ADDRESS: 914-942 hird Av. SCALE: FILE NUll No Scale PI NORTH PROJECT CESCRlFTlON: DESIGN REVIEW .~ ....... Proposal is for 167 multi-family residential uni1l; and 4,000 sq. ft. of ground floor retail commercial. J PCS-<l6-06, 1'CC06-02li. DR~, ~8 ~ e e e Resolution No. 2006-337 Page 7 EXHIBIT B Design Review and Conditional Use Permit Conditions Creekside Vistas Mixed-Use Development Project 914-944 Third Avenue The Chula Vista City Council does hereby approve Design Review Permit DRC-06-35 subject to the following conditions: 1. The subject property shall be developed and maintained in substantial conformance with the approved application, plans, and color and material board, except as modified herein. 2. Applicant shall submit all exterior lighting plans, landscape and irrigation plans, solid waste and recycling plans for review and approval prior to the issuance of building permits. 3. Prior to leasing any retail space, the Developer shall submit written description for hours of operation for the tenants of the retail/commercial uses to the Director of Community Development for review and approval. The hours of operation shall be such that there is no conflict with the residential units. 4. A graffiti resistant treatment shall be specified for all wall and building surfaces and shall be noted on all building and wall plans prior to issuance of building permits. 5. The applicant/owner shall comply with all applicable federal, state, and local requirements, and in any case where it does not comply, this permit is subj ect to modification or revocation. 6. This permit shall become void and ineffective if not used or extended within one year from the effective date thereof, in accordance with Section 19.14.600 of the Municipal Code. 7. This permit shall be subject to any and all new, modified, or deleted conditions imposed after approval of this permit to protect the public from a specific condition dangerous to its health or safety or both due to the project, which condition(s) the City shall impose after advance written notice to the permittee and after the City has given the permittee 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 permittee of a substantial revenue source which the permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 8. The applicant shall and does hereby agree to indemnify, protect, defend, and hold harmless the City, its Council members, officers, employees, agents, and representatives from and against all liabilities, losses, damages, demands, claims, and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising directly or indirectly from a) City's approval and issuance of this permit, b) City's approval or issuance of any other permit or action, whet)ler discretionary or non discretionary, in connection with the use cont=plated herein, and without limitation, any and all liabilities arising from the operation of the facility. Applicant shall acknowledge their agreement to this provision by executing a copy of this permit where indicated below. The applicant's compliance with this provision is an express condition of this permit and this provision shall be binding on any and all of the applicant's successors and assigns. Resolution No. 2006-337 ~~G AND BUILDING DEPARTMENT CONDITIONS 9. The project shall comply with 2005 Energy Requirements, 2001 Handicap Accessibility Requirements and SB1025. ..-.. 10. The project shall comply with applicable codes and requirements, including but not limited to 2001 CBC, CFC, CMC, CPC, ADA, and 2004 CEC requirements. 11. The project shall comply with Table SA, Table 5B, Section 503.4, Chapter 12, 10 and 9 of Building Code with regards to Area Limits, Height of the Building, Location of Property, Special Occupancy Requirements, Ventilation, Exits and Sprinklers. 12. The project shall comply with Seismic Zone 4, wind speed 70 MPH exposure C, and other codes in effect at the time of issuance of any permit. 13. All conservation measures contained in the Creekside Vistas Water Conservation Plan (WCP) and Air Quality Improvement Plan (AQIP) shall be implemented. 14. All water conservation measures contained in the Creekside Vistas WCP shall be identified on construction plans including hot water pipe insu1ation, pressure reducing valves, water efficient dishwashers, water efficient landscaping and evapotranspiration (ET) controllers. IS. All air quality measures contained in the Creekside Vistas Air Quality Improvement Plan including the specific building efficiency program to be used shall be identified on -. construction plans. 16. The applicant shall secure access to and continued monitoring of open space/creek bed areas to ensure transients will not return to the site. 17. The applicant shall implement to the satisfaction of the Planning and Building Department and the City Engineering Division the mitigation measures identified in the Creekside Vistas Mitigated Negative Declaration (1S-06-008) and Mitigation Monitoring and Reporting Program. FIRE DEPARTMENT CONDITIONS 18. Five (5) hydrants (24' fire roadway access/turnarounds) shall be required along with a full NFP A 13 commercial fire sprinkler system and full fire alarm monitoring system. 19. The applicant shall provide a water study to determine if adequate pressure is available for the project and if a.fire pump ~ be required. 20. The applicant shall provide Fire Department standpipes. Refer to Table 1004-A of the CFC 2001. ~ e e e Resolution No. 2006-337 Page 9 GENERAL SERVICES DEPARTMENT CONDmONS 21. The applicant shall develop and submit a Recycling and Solid Waste Management Plan to the Environmental Services Program Manager for review and approval as part of the permit process. 22. The applicant shall contract with the City's franchise hauler throughout the construction and occupancy phases of the project. OTHER CONDITIONS 23. All water meters and public water facilities shall be located in the public right-of-way on Third Avenue. The private onsite fire hydrants and fire services for the building sprinklers will be served by private fire services located in the public right-of-way. 24. The applicant shall provide a site plan, street improvement plan, irrigation plan, plumbing plan, fire sprinkler plans to the Sweetwater Authority. 25. The applicant shall provide a letter to the Sweetwater Authority from the City Fire Department stating fire flow requirements. 26. Any new and existing water services to serve the proposed project shall require the installation of an approved double check detector check backflow assembly on that system. 27. The applicant shall provide the Chula Vista Elementary School District with a copy of an approved tentative map when the project is approved. EXHIBIT ( Resolution No. 2006-337 Page 10 Tentative Map Conditions Creekside Vista Mixed-Use Development Project 912-944 Third Avenue -. The City Council of the City of Chula Vista hereby approves Tentative Map PCS-06-06 subject to the following conditions. Prior to approval of the final map, unless otherwise indicated, Developer shall comply with the following: CONDITIONS RELATED TO THE GRADING AND DRAINAGE 1. All onsite drainage facilities shall be private. 2. Developer shall submit a detailed grading plan in accordance with the Chula Vista Grading Ordinance before issuance of any building permits. Details such as type, cross sections, and profiles of all the proposed retaining walls shall be shown on the grading plans for City's review and approval. 3. Developer shall submit a drainage study prepared by a registered civil engineer to be reviewed and approved by the City Engineer prior to issuance of a grading permit or other development permit. Design of the drainage facilities shall consider existing onsite and offsite drainage patterns. The drainage study shall calculate the pre-developed and the post-developed flows and show how downstream properties and storm drain facilities -. are impacted. If the post-development flows exceed the pre-development flows, the study shall include calculations sizing proposed detention system(s). The extent of the study shall be as approved by the City Engineer. The energy dissipaters shall be designed to acco=odate the runoff velocities from a 100-year storm. 4. Developer shall submit a detailed geotechnical report prepared, signed and stamped by both a registered civil engineer and certified engineering geologist prior to approval of grading plans and issuance of a grading permit. 5. Developer shall provide an irrevocable offer of dedication (lOD) for drainage and other public purposes to the City of Chula Vista from the project boundary to I DO-year flood plain limits. This IOD must be shown and recorded on the final map. An encroachment permit shall be obtained from the City for all the proposed improvement and resulting maintenance work within the lOD. CONDITIONS RELATED TO NPDES 6. Developer shall install high efficiency Treatment Control Best Management Practices (BMPs) devices upstream of all five outfalls. Such devices may include media filtrations systems. According to the Chula Vista Standard Urban Storm Water Mitigation Plan (SUSMP), filter inserts are not considered high efficiency Treatment Control BMPs. --- e e e Resolution No. 2006-337 P,~e 6~veloper sball darify the function and location of the proposed underground detention facility. 8. Developer sball enter into an agreement prior to final map recordation to fully implement NPDES best management practices ("BMPs") to reduce the amount of pollutants entering the city's storm water conveyance system., including but not limited to: a. Installing and using efficient irrigation systems and landscape design; more specifically: i. Employ rain shutoff devices to prevent irrigation after precipitation. ll. Adjust irrigation systems to each landscape area's specific water requirements iii. Using flow reducers or shutoff valves triggered by a pressure drop to control water loss in the event of broken sprinkler heads or lines. lV. Employing other comparable, equally effective, methods to reduce irrigation water runoff. b. Employing integrated pest management principles. More specifically, eliminate andlor reduce the need for pesticide use by implementing Integrated Pest Management (IPM), induding: (1) planting pest-resistant or well-adapted plant varieties such as native plants; (2) discouraging pests in the landscaping design; (3) distributing IPM educational materials to homeowners/residents. Minimally, educational materials must address the following topics: keeping pests out of buildings and landscaping using barriers, screens, and caulking; physical pest elimination techniques, such as, weeding, squashing, trapping, washing, or pruning out pests; relying on natural enemies to eat pests; and, proper use of pesticides as a last line of defense PUBLIC IMPROVMENTS 9. Developer sball provide an improvement plan showing all existing and proposed public improvements such as driveways, curb, gutter, sidewalk for City's review and approval. Proposed driveways shall be constructed per ADA requirements and per City of Chula Vista Design Standards. Developer is responsible for replacing any broken sidewalk along the project frontage. Developer shall secure any required improvements prior to final map approval. 10. Access to all existing or proposed public sewer manholes shall be provided and shown on the grading and improvement plans. Specifically, the existing manhole located at the end of the southerly driveway need to have access for maintenance vehicles. Paved access to within five feet of this mBIihole on a relatively flat surface is required. This manhole shall be replaced with a watertight manhole, since it is located on the path of drainage. 11. Paved access to existing and proposed public sewer systems with manholes shall be designed for a minimum Traffic Index (TI) equal to 5. Resolution No. 2006-337 Page 12 PRlV ATE OR ONSITE IMPROVMENTS ~ 12. Developer/Owner shall establish a homeowners association to fund and oversee a contract for the maintenance of the onsite private sewer system. The frequency of maintenance of the sewer system shall be contained in the provisions of the Codes, Covenants & Restrictions (CC&Rs). The City Engineer and Director of Public Works shall approve the provisions of the CC&Rs regarding the onsite private sewer system. 13. Streets within the development shaH be private. 14. No private or public improvements are allowed within the 1 DO-year floodway. CC&R'S 15. Developer shall submit CC&R's as approved by the City Attorney to the City Engineer and Director of Planning and Building for approval prior to approval of the final map. Said CC&R's shall include the following: . Indemnification of City for private sewer spillage. . Listing of maintained private facilities. . The City's right but not the obligation to enforce CC&R's. . Provision that no private facilities shall be requested to become public unless all homeowners and 100% of the first mortgage oblique have signed a written petition. . Maintenance of all walls, fences, lighting structures, paths, recreational amenities .___. and structures, sewage facilities, drainage structures and landscaping. . Implement education and enforcement program to prevent the discharge of pollutants from all on-site sources to the storm water conveyance system. . Compliance with the approved solid waste plan. Said CC&Rs shaJJ be consistent with Chapter 18.44 of the Subdivision Ordinance, and shall be recorded concurrently with the final map. 16. Developer shall submit homeowners association (ROA) budget for review and approval by the City Engineer for the maintenance of private streets, storm drains and sewage systems. Said budget shall include the following maintenance activities: . Streets must be sealed every 7 years and overlaid every 20 years. . Sewers must be cleaned once a year with a contingency for emergencies. . Red curbs / striping must be painted once every three years. EASEMENTS 17. Developer shall grant an easement for the purposes of maintaining proposed public sewer lines to City. This easement shaJJ be shown on the final map. 18. All existing easements and irrevocable offers of dedication shall be shown on the final map. A title report dated within 60 days of submittal of the final map shall be submitted -.. e e e Resolution No. 2006-337 Page 13 th .th b king d fi all .. bli utili' toge er WI ac ocuments or eXlsting pu c ty easements and offers of dedication. Developer shall submit evidence of noticing to all existing public utility easement holders within the project boundaries as required by the Section 66436 of the Subdivision Map Act. AGREEMENTS 19. Developer shall enter into an agreement for the following; · Agree to defend, indemnify and hold harmless the City and its agents, officers, and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees wit 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. · Agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. · Agree to ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance 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. MISCELLANEOUS 20. Developer shall pay the following fees based on the final building plans submitted: a) Sewer Connection and Capacities fees b) Development Impact Fees c) Traffic Signal Fees 21. Developer shall tie the boundary of the subdivision to the California System-Zone VI (NAD '83). 22. Developer shall submit copi~s of the Final Map, grading plans, and improvement plans in a digital format such as (DXF) graphic file prior to approval of the Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 3 Y:z HD floppy disk prior to the approval of the Final Map. Resolution No. 2006-337 Page 14 23. Developer shall submit a conformed copy of a recorded tax certificate covering the ___ property prior to approval of the Final Map. PARK AND DEVELOPMENT (GENERAL SERVICES) 24. Prior to the approval of any final map, (or, prior to issuance of any building permit for the final map for the project,) the Developer shall pay all applicable Parkland Acquisition and Development Fees (pAD fees) at the rates in effect at the time of approval of the map or building permit in accordance with C.V.M.C. Chapter 17.1 O. W ATER CONSERVATION PLAN/AIR QUALITY IMPROVEMENT PLAN 25. Developer shall implement all conservation measures contained in the Creekside Vistas Water Conservation Plan (WCP) and Air Quality Improvement Plan (AQIP). 26. All water conservation measures contained in the Creekside Vistas WCP shall be identified on construction plans including hot water pipe insulation. pressure reducing valves, water efficient dishwashers, water efficient landscaping and evapotranspiration (ET) controllers. 27. All air quality measures contained in the Creekside Vistas AQIP including the specific building efficiency program to be used shall be identified on construction plans. 28. 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 AQIP. ~ 29. Developer acknowledges that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures as technologies and/or programs change or become available. The Developer shall modify the AQIP to incorporate those new measures upon request of the City, which are in effect at the time, prior to or concurrent with each map approval within the Project. The new measures shall apply to development within all future map areas, but shall not be retroactive to those areas, which receive final map approval prior to effect of the subject new measures. The Developer acknowledges and agrees that the City has adopted the City of Chula Vista AQIP Guidelines as approved per Resolution No. 2003-260 and that such guidelines as approved and as may be amended from time-to-time shall be implemented. 30. Developer shall implement the final WCP 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 WCP. . 31. Developer acknowledges that the City Council may, from time-to-time, modify water conservation measures as technologies and/or programs change or become available. The Developer shall modify the WC? to incorporate those new measures upon request of the _: e e e Resolution No. 2006-337 Page~5 whi h . = th.. 'th h . City, c are ill euect at e time, pnor to or concurrent WI eac map approval WIthin the Project. The new measures shall apply to development within all future map areas, but shall not be retroactive to those areas, which receive final map approval prior to effect of the subject new measures. The Developer acknowledges and agrees that the City has adopted the City of Chula Vista WCP Guidelines as approved per Resolution No. 2003- 234 and that such guidelines as approved and as may be amended from time-to-time shall be implemented. . ENVIRONMENTAL MITIGATION CONDITION 32. The applicant shall implement to the satisfaction of the Planning and Building Department and the City Engineering Division the mitigation measures identified in the Creekside Vistas Mitigated Negative Declaration (18-06-008) and Mitigation Monitoring and Reporting Progratn. AFFORDABLE HOUSING REGuLATORY AGREEMENT 33. The applicant shall enter into an agreement with the City of Chula Vista to guarantee the construction and delivery of housing units affordable to low and moderate income households prior to recordation of final map.