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HomeMy WebLinkAboutPlanning Comm Reports/1994/07/27 (6) City Planning Commission Agenda Item for Meeting of July 27, 1994 Page 1 1. PUBLIC HEARING: PCZ-94-D/PCM-94-24/PCM-94-27/PCM-93-6/PCS-88-3A: Consideration of prezoning and incorporatinl! approximately 22.7 acres of land within Eastlake Greens and amendinl! the Eastlake II !Eastlake I Expansion) General Development Plan, Eastlake Greens SPA Plan, Eastlake II !Eastlake I Expansion) Planned Community District Rel!ulations, Eastlake Greens Air Ouality Improvement Plan, Eastlake Greens Water Conservation Plan, and Eastlake Greens Master Tentative Map (Chula Vista Tract 88-3) - Eastlake Development Companv A. BACKGROUND The Eastlake Development Company has requested amendments to the Eastlake II General Development Plan, Eastlake Greens Sectional Planning Area (SPA), Eastlake II (Eastlake I Expansion) Planned Community District Regulations, Eastlake Greens Air Quality and Water Conservation Plan, Eastlake Greens Master Tentative Map and a prezone and addition of approximately 22.7 acres of unincorporated land to the existing Eastlake Greens SPA area. The purpose for the above request is to: 1. Incorporate into the planning and regulatory framework of the Eastlake Greens SPA Plan those parcels of the Eastlake Greens General Plan Amendment which take access from the internal circulation of the Eastlake Greens Planned Community (northeast of the SDG&E transmission lines); 2. Improve the spatial and functional relationship of residential density/product distribution within the Eastlake Greens Planned Community area; and 3. Update the Eastlake Greens SPA Plan and supplementary documents to reflect current statistics and technical refinements based on site plan approvals and market considerations. The documents affected by the amendments, as proposed to be revised, have been provided for your consideration and approval. The Environmental Review Coordinator has conducted an Initial Study, IS-94-19, of potential environmental impacts associated with the implementation of the project. Based on the Initial Study, and comments thereon, the Coordinator has concluded that there would be no significant environmental impacts and recommends adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Recording Program issued on IS-94-19. B. RECOMMENDATION Adopt Planning Commission Resolution PCZ-94-D/PCM -94-24/PCM -94-27 / PCM -93-6/PCS- 88-3A recommending that the City Council approve the proposals in accordance with the attached draft City Council Resolution and ordinances based on the findings and subject to the conditions contained therein. City Planning Commission Agenda Item for Meeting of July 27, 1994 Page 2 C. DISCUSSION The Eastlake Greens Planned Community is proposed to be expanded to include two presently unincorporated areas totalling approximately 22.7 acres. One is a strip of land next to and north of E. Orange Avenue east of the SDG&E easement, and the second is a triangular parcel northeast of the SDG&E easement. Both of these areas were a part of the Eastlake Greens General Plan Amendment. The General Plan land use designation for these parcels is Residential/Low-Medium (3-6 du/ac). They are planned for development at the midpoint of the density range (4.5 du/ac), thus a total of 97 dwelling units would be added to the previously approved 2,774 dwelling unit total for the EastLake Greens Planned Community area. 1. Eastlake 11 (Eastlake I Exoansion) General Develooment Plan Amendments The General Development Plan text, map and statistical tables are proposed to be amended to reflect the expanded Eastlake Greens boundary and the following land use designation modifications which represent the requested density additions and transfers within the Eastlake Greens Planned Community. a. Removal of the Interim Designation land use status from Parcel R-27 and R- 28. b. Change of the residential land use designation for Parcel R-28 from Low- Medium (3-6 du/ac) to Medium (6-11 du/ac). c. Assignment of Interim Designation Land Use status to three additional parcels southwest of the SDG&E easement. The above amendments have been incorporated in the proposed GDP Plan map. (Exhibit I of EastLake 11 - EastLake I Expansion General Development Plan) 2. Eastlake Greens SPA Plan Amendments The SPA Plan is proposed to be amended in five areas; boundary, density, trails, small lot guidelines and scenic highway standards for Orange A venue. a. Boundary Amendment: As previously discussed, the Eastlake Greens Planned Community boundary is proposed to be expanded by 22.7 acres. Parcel R -10 is proposed to be expanded by 17.5 acres to incorporate the area between the current southerly boundary of Eastlake Greens and realigned E. Orange Avenue, and two 2.1 acre triangular areas are proposed to be added to Parcel R-20 and R-23 (one to each parcel) for a total of 4.2 additional acres. The boundary amendments have been incorporated on the proposed Site Utilization Plan (Exhibit 3 of EastLake Greens SPA Plan). City Planning Commission Agenda Item for Meeting of July 27, 1994 Page 3 b. Density: A total of 97 additional dwelling units are proposed to be added to the Eastlake Greens SPA Plan as a result of the boundary change. In addition, approval of minor and major density transfers within the SPA area have been requested. All density modifications (additions and transfers) have been included in the Site Utilization Plan statistical table (Exhibit 3 of EastLake Greens SPA Plan). Density transfers can be categorized as minor technical adjustments and market based changes. Minor technical adjustments are density transfers, both plus and minus, resulting from the actual site planning of individual parcels. These changes do not reflect any change to the original density range. Following is a summary of the parcels proposed for minor technical adjustments. Parcel Number Dwelling Unit Increase/Decrease R-7 R-ll R-14 R-23 R-22 R-24 R-25 R-27 -5 -5 +2 +9 (GPA based) -5 -4 +4 +4 More significant density changes are also being proposed as a response to market influences. There are five parcels affected by these changes: R-3, R-IO, R-15, R-20, and R-28. Following is a summary of those density transfers. Parcel Number Dwelling Unit Increase/Decrease R-3 R-IO R-15 R-20 R-28 +26 +79 -23 -18 (-27 total with boundary adjustment density added) +33 Parcel R-3: This site is still proposed to be developed with single family detached housing, however, the density of the parcel has been increased from 3.8 du/ac to 5.0 dulac, in order to provide smaller lot sizes consistent with the market demand. The average lot size has been reduced from 6,500 sq. ft. to 5,000 sq. ft. City Planning Commission Agenda Item for Meeting of July 27, 1994 Page 4 Parcel R-IO: The density of this parcel is proposed to be slightly decreased, from 6.0 du/ac to 5.4 du/ac due to the addition of the area associated with the realignment of E. Orange Avenue at 4.5 du/ac. Parcel R-15: The density of this parcel is proposed to be reduced from 7.6 du/ac to 5.6 du/ac. The decrease is related to the change from attached to detached housing. Parcel R-20: The density on this parcel is proposed to be reduced from 12 du/ac to 9.3 du/ac due to the proposed dwelling unit transfers to other parcels. Parcel R-28: This parcel was originally planned to be developed as a high density area and was one of the parcels which were previously assigned an Interim Density designation status. While the original high density designation is not being pursued, the present allowable density of 4.5 du/ac is intended to be increased to 9.8 du/ac due to the parcel's prime location and accessibility to facilities. c. Trails: A Golf Course Trail was originally approved as part of the Eastlake Greens SPA Plan. A portion of this trail was planned to extend along the golf course's perimeter. The developer proposes realignment of this portion of the Golf Course Trail off the golf course frontage on to public sidewalks in order to minimize exposure of the public to hazards and the City to accident liabilities. The trail is still proposed as a loop within the Eastlake Greens Neighborhood, fronting the golf course at points which afford scenic views. A series of six vista points/rest stops are proposed to be provided at strategic locations around the course. The vista points are proposed to include seating areas and are located in areas of reduced hazard potential. Markers along the Golf Course Trail are proposed to identify the trail and direct the public to the vista points. The proposed Golf Course Trail realignment is shown on the proposed Trails Plan (Exhibit 8 of EastLake Greens SPA Plan). d. Small Lot Guidelines: Additional design guidelines for single family detached lots under 5,000 sq. ft. are proposed to be included by referencing the City's Design Manual in order to address specific small-lot development design issues. e. Scenic Highway Standards: A 75' wide (average) landscaped buffer is proposed to be provided on the north side of E. Orange A venue within the Eastlake Greens area. City Planning Commission Agenda Item for Meeting of July 27, 1994 Page 5 3. Eastlake II (Eastlake I EXDansion) Planned Community District Regulations Amendments The Land Use District map in the Planned Community Regulations document is proposed to be amended to reflect the new Eastlake Greens boundary and the following changes in land use districts which have been influenced by current market demands for certain residential product types. a. Parcel R-16 and R-18: The land use district designation for these parcels is proposed to be changed from RP-8 (Residential Planned Concept - 8 District) to RC-I0 (Residential Condominium - 10 District). b. Parcel R-27: The land use district designation for this parcel is proposed to be changed from RM-44 (Residential Multi-Family - 44 District) to RS-7 (Residential Single Family - 7 District). c. Parcel R-28: The land use district for Parcel R-28 is proposed to be changed from RM-44 (Residential Multi-Family - 44 District) to RC-I0 (Residential Condominium - 10 District). 4. Eastlake Greens Air Ouality ImDrovement Plan and Water Conservation Plan Amendments Minor statistical amendments to the Eastlake Greens Air Quality Improvement Plan and Water Conservation Plan are being proposed to reflect updated project data. 5. Eastlake Greens Master Tentative Subdivision MaD Amendments The Master Tentative Map for Eastlake Greens is proposed to be amended to: a. Include the 22.7 acres ofland which are intended to be added to the EastLake Greens SPA Plan area (T.M. sheet #8, 9 and 10); b. Exclude Parcel R-9, OS-5, and FU which are located southwest of the SDG&E transmission line (T.M. sheet #9); c. Reflect the new Orange Avenue road alignment (T.M. sheet #9 and 10); d. Reflect changes in development patterns of previously subdivided parcels, resulting from the requested density transfers and additions to the Eastlake Greens SPA Plan (R-7/T.M. sheet #3, R-11/T.M. sheet #4, R-14/TM sheet #6, R-3/TM sheet #7 and 8). A number of conditions, which may be characterized "typical" for this type of project have been recommended by the Engineering, Planning and Fire Departments as conditions of Tentative Map approval. These conditions are listed on page 6-11 of the attached draft City Council Resolution. City Planning Commission Agenda Item for Meeting of July 27, 1994 Page 6 6. Prezone A total of approximately 22.7 acres of presently unincorporated area is proposed to be added to the Eastlake Greens Planned Community. The area is presently zoned S-87/Special Purpose Limited Control - 1 du/25 du (San Diego County Zoning) and is proposed to be prezoned Planned Community. The subject parcels are anticipated to be annexed within a year, upon completion of the City's Sphere of Influence Study currently underway. D. ANALYSIS The current Eastlake II (Eastlake I Expansion) General Development Plan, Eastlake Greens SPA Plan, and Eastlake II (Eastlake I Expansion) Planned Community Regulations are inconsistent with the recent General Plan amendment with respect to the alignment of E. Orange Avenue, and logical development boundaries in and around the SDG&E easement. The proposed amendments will bring the Eastlake Greens SPA Plan and associated documents into conformance with the amended General Plan as well as the Public Facilities Financing Plan, Air Quality Improvement Plan, and Water Conservation Plan, and will provide the public with updated plans of intended development. The amended GDP/SPA Plan statistics will also provide a more accurate basis for other planning purposes, such as projection of infrastructure needs. The majority of the proposed density transfers are intended to address market demands and are consistent with the general development pattern and density previously approved for Eastlake Greens. These amendments also allow in the context of market demand, a more logical transition of construction within the Eastlake Greens Planned Community, consistent with the phasing of internal and external infrastructure. Accomplishment of the amended SPA plan would continue to allow construction of public facilities; such as parks, schools, and transportation facilities to be provided in a timely manner. The proposed amendments incorporate a number of minor technical plan refinements. The updated statistics for developed or precisely planned parcels provide a more accurate planning document. The refinement of the trail system for public view of the golf course provides a less hazardous and thus preferred system. The inclusion of small lot guideline references within the Eastlake Greens SPA Plan would improve the site plan review of such projects. The amendment to the scenic highway standards for E. Orange Avenue will enhance the visual quality of the scenic corridor. WPC M:\home\plalU1iog\2052.94 RESOLUTION PCZ-94- D/PCM -94-24/PCM -94-27 /PCM -93-6/PCS-88- 3A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING CITY COUNCIL APPROVAL OF THE PREZONING OF APPROXIMA TEL Y 22.7 ACRES TO P-C PLANNED COMMUNITY AND ADDITION OF SAME TO THE EASTLAKE GREENS SECTIONAL PLANNING AREA PLAN; AN AMENDMENT TO THE EASTLAKE II (EASTLAKE I EXPANSION) GENERAL DEVELOPMENT PLAN, EASTLAKE GREENS SECTIONAL PLANNING AREA (SPA) PLAN, EASTLAKE II (EASTLAKE I EXPANSION) PLANNED COMMUNITY DISTRICT REGULATIONS, EASTLAKE GREENS AIR QUALITY IMPROVEMENT PLAN, EASTLAKE GREENS WATER CONSERVATION PLAN, AND EASTLAKE GREENS MASTER TENTATIVE MAP WHEREAS, applications for prezoning 22.7 acres of presently unincorporated land to P-C Planned Community, and amendments to the Eastlake II (Eastlake I Expansion) General Development Plan (GDP), Eastlake Greens Sectional Planning Area (SPA) Plan, Eastlake II (Eastlake I Expansion) Planned Community District Regulations, Eastlake Greens Air Quality Improvement Plan, Eastlake Greens Water Conservation Plan and Eastlake Greens Master Tentative Map ("Project") were filed with the City of Chula Vista Planning Department on March 21, 1994, by the Eastlake Development Company ("Developer"), and; WHEREAS, the proposed prezoning has been requested in order to incorporate those parcels of the recent Eastlake Greens General Plan Amendment, which take access from the internal circulation of the Eastlake Greens Neighborhood, into the planning and regulatory framework of the Eastlake Greens SPA Plan; and the boundary, land use, density, trails, design guidelines and scenic highway amendments have been requested in order to respond to market demands and improve the spatial and functional relationship of residential density/product distribution within Eastlake Greens Planned Community Area; and, to update the plans within the existing Eastlake Greens SPA Plan to reflect current statistics and adjustments based on site plan approvals and market considerations, and; WHEREAS, the Planning Commission set the time and place for a hearing on said Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 1,000 ft. of the exterior boundaries of the property at least 10 days prior to the hearing, and; WHEREAS, the Environmental Review Coordinator has conducted an Environmental Initial Study, IS-94-19, and a Mitigated Negative Declaration has been issued to address environmental impacts associated with the implementation of the Project. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby adopts Mitigated Negative Declaration IS-94-19. - 1 - BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached draft City Council Ordinances and Resolution approving the project in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this July 27, 1994 by the following vote, to wit: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: William C. Tuchscher II Chairman Nancy Ripley, Secretary M :\home\planning\2070. 94 - 2 - ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PREZONING OF 22.7 ACRES OF UNINCORPORATED LAND TO P-C PLANNED COMMUNITY (PCZ-94-D) AND ADOPTING MITIGATED NEGATIVE DECLARATION ON IS-94-19 AND MITIGATION MONITORING AND REPORTING PROGRAM THERETO I. RECITALS A. Project Site WHEREAS, the properties which are the subject matter of this ordinance are diagrammatically represented on Exhibit 1 attached hereto, and incorporated by this reference and located northeast of the SDG&E transmission easement, north of E. Orange Avenue and west of Hunte Parkway adjacent to the community of Eastlake of the City of Chula Vista ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on March 21, 1994, the Eastlake Development Company ("Developer") filed an application requesting prezoning of approximately 22.7 acres of unincorporated land to P-C Planned Community ("Project"); and C. Prior Discretionary Approval WHEREAS, the Project Site has been the subject of a General Plan Amendment (Eastlake Greens GPA 93-2) previously approved by the City Council on December 14, 1993 by Resolution No. 17039 ("GPA"); and, D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on said project on July 27, 1994, voted to recommend that the City Council approve the prezone in accordance with the findings and subject to the conditions listed below. E. City Council Record on Application WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on August 16, 1994, on the Discretionary Approval Application, and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and F. Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council meeting at which this ordinance was introduced for first reading (August 16, 1994), the City Council of the City of Chula Vista approved Resolution No. by which it imposed amendments and conditions on the EastLake II (EastLake I Expansion) General Development Plan, EastLake Greens Sectional Planning Area SPA Plan, EastLake Greens Air Quality Improvement Plan, EastLake Greens Water Conservation Plan, and EastLake Greens Master Tentative Subdivision Map (PCS-88-3), and introduced for first reading Ordinance No. by which it amended the EastLake II (EastLake I Expansion) Planned Community District Regulations Land Use District Map. NOW, THEREFORE, the City of Chula Vista does hereby find, determine and ordain as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on July 27, 1,994, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. MITIGATED NEGATIVE DECLARATION REVIEWED AND CONSIDERED; MITIGATION MONITORING AND REPORTING PROGRAM; FINDINGS; APPROVALS A. Mitigated Negative Declaration The City Council of the City of Chula Vista has reviewed, analyzed and considered the Mitigated Negative Declaration on IS-94-19 (known as Document No. on file in the Office of the City Clerk) and comments thereon, the environmental impacts therein identified for this project and the Mitigation Monitoring and Reporting Program ("Program") (known as Document No. _on file in the Office of the City Clerk) thereon prior to approving the Project. Based on the Initial Study and comments thereon, the Council finds that there is no substantial evidence that the Project will have a significant effect on the environment and thereby approves the Mitigated Negative Declaration. B. Mitigation Monitoring and Reporting Program The City Council of the City of Chula Vista finds that the significant environmental effect(s) identified in the Mitigation Negative Declaration will be -2- reduced to below a level of significance if the mitigation measures in the Mitigation Monitoring and Reporting Program are implemented. The Mitigation Monitoring and Reporting Program is hereby approved to ensure that its provisions are complied with. IV. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration on IS-94-19 and Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. V. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council finds that SEIR-86-04 and Addendum and Mitigated Negative Declaration IS-94-19 reflect the independent judgement of the City of Chula Vista City Council. VI. P-C PLANNED COMMUNITY PRE-ZONE FINDINGS The City Council hereby finds that the proposed prezoning to P-C Planned Community is consistent with the City of Chula Vista General Plan, and that public necessity convenience, the general welfare, and good zoning practice support the prezoning of the Project Site to P-C Planned Community. VII. CONDITIONAL PROJECT APPROVAL The Zoning Maps established by Section 19.18.010 of the Chula Vista Municipal Code are hereby amended by adding thereto the following prezoning of property pursuant to Section 19.12.020 of said Code which zoning shall be subject to the General Conditions set forth herein below and become effective at and upon the date the subject property is annexed to the City of Chula Vista: That certain property consisting of approximately 22.7 acres located northeast of the SDG&E easement, north of E. Orange Avenue and west of Hunte Parkway to PC (Planned Community) as shown on Exhibit #1 hereto. VIII. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing prezoning is hereby further conditioned as follows: A. Project Site is Improved with Project -3- Developer, or their successors in interest, shall improve the Project Site with the Project as described in the Mitigated Negative Declaration, except as modified by this Ordinance. B. Implement Mitigation Measures Developer shall diligently implement, or cause the implementation of, all mitigation measures pertaining to the Project identified in the Mitigated Negative Declaration. C. Implement the Mitigation Monitoring and Reporting Program Developer shall implement, or cause the implementation of, all portions of the Mitigated Negative Declaration IS-94-19 Mitigation Monitoring and Reporting Program. IX. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, of 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 Ordinance. X. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. XI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. -4- XII. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by Robert A. Leiter Director of Planning Bruce M. Boogaard City Attorney M: \home\planning\20n. 94 -5- Eastlake Business Center r~,;: il ". - ~ ~ """,. /' "- ..4/ , , - , ~ ~~.. ~~g 1 \ \ "'\ ~ )' \ ~", '\ f/-"". ) NOTE Refer to the Site Utllinhoo PiIIn tor the curren\ ,. ~ _. ~,_ alignmenl 01 Orange .......-.ue and SPA boundf.ry \ - \ . ~ \ \."' c ~-,~, ~\, rL"1 EASTlAKE U \.i --I ~.I~ AREAS BEING PREZONED ( ~ fASTLAKE A PlANNED COMMUNITY IN THE CITY OF CHULA VISTA CHULA VISTA PLANNING DEPARTMENT C) PROJECT DESCRIPTION: EXHIBIT #1 Prezone of 22.7 acres to Planned Community (P-C) SCALE: FILE NUMBER: NORTH N/A PCC - 94 - D ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE II (EASTLAKE I EXPANSION) PLANNED COMMUNITY DISTRICT REGULATIONS (LAND USE DISTRICT MAP ONLY) AND ADOPTING MITIGATED NEGATIVE DECLARATION ON IS-94-19 AND MITIGATION MONITORING AND REPORTING PROGRAM THERETO I. RECITALS A. Project Site WHEREAS, the properties which are the subject matter of this ordinance are diagrammatically represented on Exhibit 1 attached hereto and incorporated by this reference, and located within the EastLake II (EastLake I Expansion) Planned Community Area of the City of Chula Vista ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on March 21, 1994, the EastLake Development Company ("Developer") filed an application requesting amendments to the EastLake II (EastLake I Expansion) Planned Community District Regulations (known as Document No. _ on file with the Office of the City Clerk) Land Use District Map and Land Use District designations of certain areas within the EastLake Greens Planned Community ("Project"). C. Prior Discretionary Approvals WHEREAS, the Project Site has been in part the subject matter of a Sectional Planning Area (SPA) Plan previously approved by City Council Resolution No. 15199 ("EastLake Greens SPA Plan") and Planned Community (P.C.) District Regulations previously approved by City Council Ordinance No. 2317 (EastLake II-EastLake I Expansion - Planned Community District Regulations) on July 18, 1989. D. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public hearing on said project on July 27, 1994, and voted to recommend that the City Council approve the Planned Community District Regulation amendments in accordance with the findings listed below. The proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on July 27, 1994, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. E. City Council Record on Applications WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on August 16, 1994, on the Discretionary Approval Application, and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, F. Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council meeting at which this ordinance was introduced for first reading (August 16, 1994), the City Council of the City of Chula Vista approved Resolution No. _ by which it imposed amendments and conditions on the EastLake II (EastLake I Expansion) General Development Plan, EastLake Greens Sectional Planning Area SPA Plan, EastLake Greens Air Quality Improvement Plan, EastLake Greens Water Conservation Plan, and EastLake Greens Master Tentative Subdivision Map (PCS-88-3), and introduced for first reading Ordinance No. _ by which it approved the prezoning of 22.7 acres of unincorporated land to P-C Planned Community (PCZ-94-D). NOW, THEREFORE, the City of Chula Vista does hereby find, determine and ordain as follows: II. MITIGATED NEGATIVE DECLARATION REVIEWED AND CONSIDERED; MITIGATION MONITORING AND REPORTING PROGRAM; FINDINGS; APPROVALS A. Mitigated Negative Declaration The City Council of the City of Chula Vista has reviewed, analyzed and considered Mitigated Negative Declaration IS-94-14 (known as Document No. _ on file in the Office of the City Clerk), the environmental impacts therein identified for this project and the Mitigation Monitoring and Reporting Program ("Program") (known as Document No. on file in the Office of the City Clerk) thereon prior to approving the Project. Based on the Initial Study and comments thereon, the Council finds that there is no substantial -2- evidence that the Project will have a significant effect on the environment and thereby approves the Mitigated Negative Declaration. B. Mitigation Monitoring and Reporting Program The City Council of the City of Chula Vista finds that the significant environmental effect(s) identified in the Mitigation Negative Declaration will be reduced to below a level of significance if the mitigation measures in the Mitigation Monitoring and Reporting Program are implemented. The Mitigation Monitoring and Reporting Program is hereby approved to ensure that its provisions are complied with. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration on IS-94- 19 and Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the Mitigated Negative Declaration on IS-94-19 reflect the independent judgment of the City of Chula Vista City Council. V. FINDINGS FOR P-C PLANNED COMMUNITY ZONE AMENDMENTS The City Council hereby finds that the proposed amendment to the EastLake II (EastLake I Expansion) Planned Community District Regulations are consistent with the City of Chula Vista General Plan, and public necessity, convenience, the general welfare, and good zoning practice support the amendments. VI. CONDITIONAL APPROVAL OF ZONE AMENDMENTS The City Council does hereby approve the Planned Community District Regulation amendment to the Land Use District Map, subject to the General Conditions set forth below. VII. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing Planning Community District Regulation amendment which is stated to be conditioned on "General Conditions" is hereby conditioned as follows: -3- 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 Mitigated Negative Declaration, except as modified by this Ordinance. B. Implement Mitigation Measures Developer shall diligently implement, or cause the implementation of the Mitigation Monitoring and Reporting Program pertaining to the Project identified in the Mitigated Negative Declaration on IS-94-l9. C. Implement the Mitigation Monitoring and Reporting Program Developer shall implement, or cause the implementation of the Mitigation Monitoring and Reporting Program pertaining to the Project. D. Contingent Upon Annexation Approval of the Land Use District Map boundary adjustment and land use district designations for unincorporated areas is contingent and shall become final upon annexation of said properties to the City of Chula Vista. VIII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 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. IX. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. X. INVALIDITY; AUTOMATIC REVOCATION -4- It is the intention of the City Council that its adoption of this Ordinance is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. XI. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by Robert A. Leiter Director of Planning Bruce M. 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'z .' :;~A ~ ......CInI.. _ .....u..::bnlge.r- PII\nI;! ... ,~.:~ 'i::J"' ~,.., ...~r fU..~-::..~:::-=--;;.-'" ~ ~ ----- -- PROPOSED Land Use Districts 0$-1 "- ""ce - , o;.tnCl 0&-2 Opsn__-rtMtRC! os-s CIJ:owIeo.c.-s ttn'IcI 0S-.tI o.-lCIece-.~ O&-t. OPIroiPKI-IOII\I'IC1 OS-fIOPIro~-.DIIItitI : 08-7 ; o.-___-7~ F-' f_.\.I'WI'IOoIlrICt [] Areas being amended ~ EASTLAKE " PlA/'HO c;ot.'MJNfTY If( EASn.AKE CEVEI.CIMNI co. CHULA VISTA PLANNING DEPARTMENT (I) PROJECT DESCRIPTION: EXHIBIT #1 Eastlake II (Eastlake I Expansion) Planned Community District SCALE: FILE NUMBER: Regulations Land Use Districts NORTH N/A PCM - 94 - 24 Map Amendment RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING AMENDMENTS AND CONDITIONS ON THE EASTLAKE II (EASTLAKE I EXPANSION) GENERAL DEVELOPMENT PLAN, EASTLAKE GREENS SECTIONAL PLANNING AREA (SPA) PLAN, EASTLAKE GREENS AIR QUALITY IMPROVEMENT PLAN, EASTLAKE GREENS WATER CONSERVATION PLAN AND EASTLAKE GREENS MASTER TENTATIVE SUBDIVISION MAP (PCS-88-3) AND ADOPTING MITIGATED NEGATIVE DECLARATION ON IS-94-19 AND MITIGATION MONITORING AND REPORTING PROGRAM I. RECITALS A. Project Site WHEREAS, the properties which are the subject matter of this resolution are diagrammatically represented in Exhibit 1 and 2 attached hereto and incorporated by this reference, identified as the EastLake General Development Plan Area and EastLake Greens SPA Plan Area, and located in part in the City of ChuJa Vista ("Project Site") and, B. Project; Application for Discretionary Approval WHEREAS, on March 21, 1994, the EastLake Development Company ("Developer") filed applications for an amendment to: 1) the EastLake II (EastLake I Expansion) General Development Plan (known as Document No. _ on file with the Office of the City Clerk), 2) the EastLake Greens Sectional Planning Area Plan (known as Document No. _ on file with the Office of the City Clerk), 3) the EastLake Greens Air Quality Improvement Plan (known as Document No. on file with the Office of the City Clerk), 4) the EastLake Greens Water Conservation Plan (known as Document No. _ on file with the Office of the City Clerk), and 5) the EastLake Greens Master Tentative Map (known as Document No. on file with the Office of the City Clerk) ("Project"); and, C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of 1) a General Development Plan, EastLake II (EastLake I Expansion) General Development Plan previously approved by City Council Resolution No. 15198 ("GDP"); 2) the EastLake Greens Sectional Planning Area Plan, previously adopted by City Council Resolution No. 15199; (SPA) and 3) a Tentative Subdivision Map previously approved by City Council Resolution No. 15200 (TSM) Chula Vista Tract 88-3, all approved on July 18, 1989; and, 4) an Air Quality Improvement Plan (Eastlake Greens Air Quality Improvement Plan) and 5) a Water Conservation Plan (EastLake Greens and Water Conservation Plan), both previously approved by the City Council on November 24, 1992, by Resolution No. 16898; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on said project on July 27, 1994, and voted to recommend that the City Council approve the Project, based upon the findings and subject to the conditions listed below. E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on August 16, 1994, on the Discretionary Approval Applications, and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, F. Discretionary Approvals Ordinances WHEREAS, at the same City Council meeting at which this Resolution was approved (August 16, 1994), the City Council of the City of Chula Vista approved for first reading Ordinance No. prezoning 22.7 acres of unincorporated land to P-C (Planned Community) and Ordinance No. amending the Eastlake II (Eastlake I Expansion) Planned Community District Regulations Land Use District Map. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this project held on July 27, 1994, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. MITIGATED NEGATIVE DECLARATION REVIEWED AND CONSIDERED; MITIGATION MONITORING AND REPORTING PROGRAM; FINDINGS; APPROVALS A. Mitigated Negative Declaration The City Council of the City of Chula Vista has reviewed, analyzed and considered Mitigated Negative Declaration on IS-94-19 (known as Document No. _ on file in the Office of the City Clerk) and comments thereon, the -2- environmental impacts therein identified for this project and the Mitigation Monitoring and Reporting Program ("Program") (known as Document No. _ on file in the Office of the City Clerk) thereon prior to approving the Project. Based on the Initial Study and comments thereon, the Council finds that there is no substantial evidence that the Project will have a significant effect on the environment and thereby approves the Mitigated Negative Declaration. B. Mitigation Monitoring and Reporting Program The City Council of the City of Chula Vista finds that the significant environmental effect(s) identified in the Mitigation Negative Declaration will be reduced to below a level of significance if the mitigation measures in the Mitigation Monitoring and Reporting Program are implemented. The Mitigation Monitoring and Reporting Program is hereby approved to ensure that its provisions are complied with. IV. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration on IS-94-19 and Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that Mitigated Negative Declaration IS-94-19 reflects the independent judgment of the City of Chula Vista City Council. VI. GDP FINDINGS A. THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL DEVELOPMENT PLAN IS IN CONFORMITY WITH THE PROVISIONS OF THE CHULA VISTA GENERAL PLAN. The amended EastLake II (EastLake I Expansion) General Development Plan reflects land use densities and circulation system design that are consistent with the Chula Vista General Plan Land Use and Circulation Elements. B. A PLANNED COMMUNITY DEVELOPMENT CAN BE INITIATED BY ESTABLISHMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA PLANS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE. -3- A SPA Plan has already been approved for the development of the planned community and amendments thereto conforming to the amended GDP are included in the Project. C. IN THE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT IT WILL BE IN HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OF THE SURROUNDING AREA, AND THAT THE SITES PROPOSED FOR PUBLIC FACILITIES, SUCH AS SCHOOLS, PLAYGROUNDS AND PARKS, ARE ADEQUATE TO SERVE THE ANTICIPATED POPULATION AND APPEAR ACCEPT ABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF. The residential densities and transfers reflected on the amended GDP are compatible with the pattern and character of development approved with the original GDP, and can be adequately served by the public facilities incorporated therein. D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVER-ALL DESIGN TO THE PURPOSE INTENDED; THAT THE DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The amendments do not involve areas planned for industrial or research uses. E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The amendments to the trails program will contribute to a less hazardous and thus improved recreational amenity which will have less potential to conflict with surrounding development. F. THE STREETS AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. -4- The revised alignment of E. Orange Avenue reflected on the amended GDP is consistent with the alignment approved with the recent General Plan Amendment for the area. G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION(S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION(S). The amendments do not involve areas planned for commercial uses. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINA nON AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The amendments are consistent with the previously approved plans and regulations applicable to surrounding areas. VII. SPA FINDINGS A. THE SECTIONAL PLANNING AREA PLAN AS AMENDED IS IN CONFORMITY WITH THE EASTLAKE II (EASTLAKE I EXPANSION) GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. The amended EastLake Greens Sectional Planning Area Plan reflects land use, circulation system, and public facilities that are consistent with the EastLake II (EastLake I Expansion) General Development Plan and the Chula Vista General Plan. B. THE EASTLAKE GREENS SECTIONAL PLANNING AREA PLAN, AS AMENDED WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The SPA Plan, as amended allows, in the context of market demand a more logical transition of construction within the EastLake Greens Planned Community, consistent with the phasing of internal and external infrastructure, and the amendments have been found to be consistent with the EastLake II (EastLake I Expansion) Public Facilities Financing Plan, Air Quality Improvement Plan, and Water Conservation Plan. C. THE OTC SECTIONAL PLANNING AREA PLAN AS AMENDED WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION, OR ENVIRONMENTAL QUALITY. -5- The land uses within the EastLake Greens SPA area represent the same uses approved by the EastLake II (EastLake I Expansion) General Development Plan. VIII. 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 Greens, Chula Vista Tract No. PCS-88-3 is in conformance with the elements of the City's General Plan, based on the following: a. Land Use Element The General Plan designates the EastLake Greens residential areas for Low-Medium (3-6 du/ac) density development. The proposed addition of 22.7 acres at the mid-point of the Low-Medium density range (4.5 du/ ac) is consistent with the previously approved land use intensity. The project, as conditioned, provides a wide landscape buffer along the north side of E. Orange Avenue, in conformance with landform grading and scenic highway principles of the General Plan. b. Circulation Element All of the on-site and off-site public streets required to serve the subdivision will be constructed or DIF fees paid by the developer in accordance with the EastLake Greens Public Facilities Financing Plan and Development Agreement. Bicycle paths have been incorporated within the EastLake Greens community area and will be constructed as part of the project. c. Housing Element The proposed project will provide a minimum of 10% affordable housing including a mix of housing types and lot sizes for single-family, townhouses, condominium and various apartment densities that will provide a wide spectrum of housing prices for persons of various incomes. d. Parks and Recreation Element The subdivision will provide approximately 37.4 acres of improved community and neighborhood parks in accordance with locations and standards of the General Plan. The required park acreage for EastLake Greens is 26.6 acres. -6- e. Public Facilities Element The project is obligated in the conditions of approval to participate in providing the water facilities, wastewater facilities and drainage facilities required by the policies of the General Plan. Public building sites are included within the subdivision; however, these sites will not be affected by the proposed amendment. f. Open Space and Conservation Element The proposed subdivision is in conformance with the goals and policies of the General Plan element for this site. g. Safety Element The project site is considered a seismically active area, although there are no known active faults on or adjacent to the property. The fire protection facilities and services needed to serve the project have been reviewed by the Fire Department. Other emergency service agencies have reviewed the proposed subdivision for conformance with safety policy. The Project, as amended, will not increase the need for additional police and fire personnel. h. Noise Element Noise mitigation measures included in the Environmental Impact Report SElR-86-04 and Mitigated Negative Declaration IS-94-19 adequately address the noise policy in the General Plan. All dwelling units within the project will be required to be designed so as to not exceed the interior noise level of 45 dBA. Additionally, all exterior private open space will be shielded by a combination of earth, berm, wall, and/or buildings to achieve a 65 dBA noise level for outside private areas. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. C. The configuration, orientation and topography of the site partially allows for the optimum siting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. D. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. -7- X. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing Discretionary Approvals Amendments which are stated to be conditioned on "General Conditions" are hereby conditioned as follows: 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 Mitigated Negative Declaration, 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 Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. C. Implement the Mitigation Monitoring and Reporting Program Developer shall implement, or cause the implementation of, all portions of the Mitigation Monitoring and Reporting Program pertaining to the Project and Mitigated Negative Declaration IS-94-19 . D. Update Documents Twenty-five (25) copies of replacement pages, exhibits, maps and plans reflecting the amendments approved herein shall be submitted to the Planning Department within two weeks of approval of this resolution. XI. SPECIAL CONDITIONS OF APPROVAL A. Sectional Planning Area (SPA) Plan 1. Final assessment and determination of parkland requirements for single family detached condominium developments shall be conducted during the Design Review and/or Tentative Map processing stage of each individual project. Updated cumulative parkland data shall be submitted with each development proposal to the Director of Parks and Recreation for review and approval. 2. Final Golf Course Trail and Golf Course Vista Point design shall be subject to review and approval by the Director of Parks and Recreation and the Director of Planning. Detailed design information for the "Vista Points" shall be submitted for review in conjunction with the associated parcels within which they are located. Said "Vista Points" -8- shall be improved prior to or concurrently with each development proposal. B. Tentative Subdivision Map Conditions Prior to approval of the associated/applicable final map, unless otherwise indicated, the developer shall: GENERAL/PRELIMINARY 1. Comply with all unfulfilled condition of approval of the EastJake Greens Tentative Map, Chula Vista Tract 88-3 established by Resolution No. 15200 approved by Council on July 18, 1989. 2. If phasing is proposed within an individual map or through multiple final maps, submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of any final map which includes phasing. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning. The City reserves the right to conditionally approve each final map with the requirement to provide improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such revision. STREETS. RIGHTS-OF-WAY AND IMPROVEMENTS 3. Dedicate on-site and off-site street right-of-way for the construction of East Orange Avenue from its intersection with Hunte Parkway to the westerly subdivision boundary. 4. Design southerly knuckle on Street PP to conform to City design standards. 5. Provide to the City a letter from Dtay Municipal Water District indicating that the assessments/bonded indebtedness for all parcels dedicated to the City have been paid or that no assessments exist on the parcel(s). 6. Present written verification to the City Engineer from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. -9- 7. Grant to the City a 10- foot wide utility easement adjacent to the street right-of-way within the open space lots in Units 4, 10, 12, 15, 18,21- 23,26,27,30, 31, or as approved by the City Engineer. 8. Construct an 8' wide sidewalk for the Golf Course Neighborhood Trail as shown on the EastLake Greens Trails Plan along the following streets: a. South Greensview Drive - from Clubhouse Drive to Hunte Parkway. b. Hunte Parkway - from So. Greensview Drive to the southerly boundary of Unit 27. c. Clubhouse Drive - along the northerly boundary of Unit 27. Provide additional right-of-way and/or easements as required by the City Engineer for installation of utilities, street lights, and fire hydrants. 9. Provide for the maintenance of the proposed sewer pump station on East Orange Avenue in accordance with Council Policy # 570-03 adopted by Resolution 17491, and the Agreement to Provide Sewer Pump Station Maintenance for the EastJake Greens and amendments thereto. 10. Construct South Greensview Drive from the southeasterly limits of Unit 20 to the easterly limits of Unit 38 as shown on the approved revised tentative map when the Average Daily Trips measured on Silverado immediately south of Clubhouse Drive exceeds 1200. 11. Prior to the approval of each final map for the subject development acquire all off-site right-of-way necessary for the installation of the required improvements for that subdivision. Notify the City at least 60 days prior to consideration of a Final Map by City if off-site right-of- way cannot be obtained for the improvements. (Only off-site right-of- way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition). After said notification the developer shall: a. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings. -10- b. Deposit with the City the estimated cost of acquiring said right- of-way or easements, said estimate to be approved by the City Engineer. c. Pay the full cost, both direct and indirect, of acquiring off-site right-of-way or easements required. The requirements of a, band c above shall be satisfied prior to approval of the final map for which the off-site right-of-way or easements are required. All off-site requirements which fall under the purview of Section 66462.5 of the State Subdivision Map Act will be waived if the City does not comply with the 120 day time limitation specified in the section of the Act. (This condition supersedes Condition of Approval No. 19 for the Eastlake Greens Tentative Map approved by City Council Resolution No. 15200). 12. Street sections shall be revised to reflect current street design standards. Street design standards shall be applicable to future streets. GRADING/DRAINAGE 13. Obtain easements in favor of City for off-site detention basin and storm basin near East Orange/Hunte Parkway intersection as required by City Engineer. 14. Grade 20 foot wide landscape buffer along East Orange A venue at 5: 1 ratio. 15. Relocate detention basin storm drain outlet beyond toe of southerly slope of East Orange Avenue grading. 16. Provide energy dissipators at all storm drain outlets as required by the City Engineer to maintain non-erosive flow velocities. 17. Design and line de silting basins with concrete to the satisfaction of the City Engineer. 18. Provide an updated soils report or an addendum to the original document prepared by a registered engineer, as required by the City Engineer. -11- OPEN SPACE/ASSESSMENTS 19. Agree to grant in fee to the City public access easements over paved walkways to Golf Course Trail vista points as approved by the City Engineer and the Director of Parks & Recreation Department. 20. Request annexation into Eastlake Maintenance District #1 of all areas within the tentative map boundary not currently included in the district prior to approval of the first final map which includes said areas. Deposit $3,000 to initiate annexation proceedings. Pay all costs of proceedings. 21. Grant in fee to the City all open space lots shown on the approved tentative map to be granted to the City and execute and record a deed for each lot. 22. Submit a list of all facilities located on open space lots proposed to be maintained by the existing Eastlake Maintenance District No.1. This list shall include a description, quantity and unit price per year for the perpetual maintenance of all facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting structures, paths, access roads, drainage structures and landscaping. Only those items on an open space lot are eligible for open space maintenance. Each open space lot shall also be broken down by the number of acres of turf, irrigated, and non-irrigated open space to aid the estimation of a maintenance budget thereof. 23. Design landscape buffer for erosion control adjacent to the right-of-way of East Orange Avenue with plant species requiring no permanent irrigation and maintain/replace plantings as necessary for an establishment period of one year or as extended by the City Landscape Architect, City Engineer and Director of Parks & Recreation. Prior to approval of the preliminary landscaping plans, which include portions of or the entire landscape buffer, provide to the City a bond in an amount approved by the City Landscape Architect to guarantee installation maintenance of said landscaping. 24. Pay additional fees on a fair-share basis into the Assessment District Numbers 90-3, 91-1 or other applicable assessment districts due to additional units approved subsequent to District formation. 25. Make payment to reduce the debt on any parcels whose density is lower than assumed for the assessment districts at the time of District formation. -12- 26. Pay all costs associated with apportionment of assessments for all City assessment districts as a result of subdivision of lands within the project boundary. Request apportionment and provide a deposit to the City estimated at $40/unit/district to cover costs prior to approval of a final map for the unit being finaled. 27. Prepare a disclosure form to be signed by the home buyer acknowledging that additional fees have been paid into the Assessment District or the Transportation DIF Fund, and that these additional fees are reflected in the purchase price of the home for those units which have a density change from that indicated in the assessment district's Engineer's Report. 28. Submit all disclosure forms for the approval of the City Engineer. 29. The configuration of open space lot "DDD" shall be maintained as originally approved. 30. The Tentative Subdivision Map shall be revised to incorporate a 75' wide (average) landscape buffer along the north side of East Orange Avenue. 31. The 75' wide landscape buffer along East Orange Avenue shall be graded in accordance with City landform grading principles and shall be subject to review and approval by the City Landscape Architect. A landscape plan(s) for the subject scenic highway buffer shall be submitted to the City Landscape Architect prior to or concurrently with the first Tentative Subdivision Map or other site plan review application submitted for Parcel R-I0 or R-12. AGREEMENTS Enter into an agreement with the City whereby the developer agrees to: 32. Defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision 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. 33. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. -13- 34. Insure 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. 35. Comply with the terms and conditions of the Acquisition/Financing Agreement for Assessment district 94-1, CO 94-064, approved by Council Resolution R17483 as said terms and conditions may be applicable to this development. MISCELLANEOUS 36. Tie the boundary of the subdivision to the California System -Zone VI (1983). 37. Submit copies of Final Maps in a digital format such as (DXF) graphic file prior to approval of each 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 5-1/2 HD floppy disk prior to the approval of each Final Map. 38. Update the EastJake Greens Public Facilities financing Plan as required by Chapter V of said approved document. 39. Fire hydrants shall be installed and operable and fire access roads shall be usable prior to delivery of any combustible construction materials. 40. A wildland fuel modification program may be required on interface areas between residences and open space. XII. CODE REQUIREMENT REMINDERS 1. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista current standards, Subdivision Ordinance and Subdivision Manual. 2. Fire flow of 1,000 gpm shall be maintained within the Project area. -14- 3. Fire Department access roads shall be a minimum of 20' wide and constructed with an all-weather driving surface. XIII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the 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. XIV. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. XV. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert A. Leiter Director of Planning Bruce M. Boogaard City Attorney (f:\hnme\planning\EL2amend.res) -15- General Development Plan (PROPOSED) RESIDENTiAl o\! \ . i '" : \ I ", '~ ~~, '\ --- ~... r:::::cJ eo. ~ LowlMtaun ~~ ~- ~.... ....,- f'<)N-RESDENTIAl ~'" :TI- ~ =:'~ ~=~~ ~~&c>.ce ~~~ ~"-&-.- ~"'IO'Ch:UI.\ICI'I ..,.,.. '" . ~ hen ~ -,.. .~,.c..,...a.. ~t._"""-'__.__~__ ...--...'---..- ill Areas being amended ..4 EASTLAKE A PlANNED CQt.MJNlTY BY EAS1lAKI: ~ CO CHULA VISTA PLANNING DEPARTMENT C) PROJECT DESCRIPTION: EXHIBIT +1 Eastlake II (East lake I Expansion) General Development Plan SCALE: FILE NUMBER: Amendment NORTH N/A PCM - 94 - 24 , , I' I I' Q\'t'i ,j , ......."" , .. ./ -1"1 : I: I Ii PQ.' , ... .......?2t;~"~ ~-- ~EASTLAKE GREENS [] Areas being Amended A Ac:rned Corrm..Iity n hOly or CtUo Visfo CHULA VISTA PLANNING DEPARTMENT C) PROJECT DESCRIPTION: EXHIBIT #2 Eastlake Greens Sectional Planning Area (SPA) Plan Amendment SCALE: FILE NUMBER: l NORTH N/A PCM - 94 - 27 < THE CITY OF CHUL4. nSTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contn"butions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. Ust the names of all persons having . subcontractor, material supplier. EA~LAd_ "DEVlLOP/lYJVT Co,.,AwY " CA c.s.^, turrll.f:R5~II':> a financial interest in the contract, i.e., contractor, "j3n<...~1I ~~,t.<" :INt. - c;.,.,N. Mo~tVifl. 1t-1t. T'ULIit'"^ r", . l<.t.N. "Ff:II1,.M;1i! .' 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. "J, G. 'EO$wHI. o.MMNY 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust, t-JA 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No.x... If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. G...e.~ C IN'" , - c,^", LA~ ~11l.. . 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No K.. If yes, state which Councilmember( s): Person is defined as: <Any individua~ fim~ co-parrnenhip, joint venture, association, social dub, fraternal organimtion, corporation, estate, trust, receiver, syndiazte, this and any other county, dIy and counny, diy, municipality, district or other political subdivision, or any other group or contbinnlion acting as Q unit,< (NOTE: Attach additional pages as necessary) Date: 3/'7 /9..; , ~~ Signature of contractor/applicant IA'II~o\;DISCLOSE.Th'TJ r;~ucC. ,v. :s L 0,11/11' Print or type name of contractor/applicant [RCYised: 1] /3I),'J01 . ,