HomeMy WebLinkAboutPlanning Comm Reports 2003/12/17
AGENDA
PLANNING COMMISSION MEETING
Chula Vista, California
Wednesday, December 17, 2003, 6:00 p.m.
Council Chambers
276 Fourth Avenue
Chula Vista, CA 91910
CALL TO ORDER: Castaneda Madrid O'Neill Hall
Cortes
Hom
Felber
ROLL CAll/MOTIONS TO EXCUSE
PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE
APPROVAL OF MINUTES
November 12, 2003
December 3, 2003
December 10, 2003
INTRODUCTORY REMARKS
ORAL COMMUNICATIONS
Opportunity for members of the public to speak to the Planning Commission on
any subject matter within the Commission's jurisdiction but not an item on
today's agenda. Each speaker's presentation may not exceed three minutes.
1. PUBLIC HEARING: PCC 03-80; Consideration of a Conditional Use Permit to
allow a Dwelling Group consisting of three single-family
dwelling units in the R-1-5P Zone, at 1198 Alpine Avenue.
Project Manager: Dawn Van Boxtel, Associate Planner
2. PUBLIC HEARING: PCS-04-01; Consideration of a Tentative Subdivision Map
known as Eastlake Summit, Chula Vista Tract 04-01 to
subdivide approximately 54.38 acres into 39 lots.
Applicant: The Eastlake Company.
Project Manager: Stan Donn, Associate Planner
3. PUBLIC HEARING: PCC 04-10; Consideration of a Conditional Use Permit to
construct and operate a 24-hour gas station, 24-hour food
mart with sales of beer and wine and, a self-service
carwash at the intersection of Eastlake Parkway and
Olympic Parkway. Applicant: Chevron Products Company
Project Manager: Ryan Goodness, Planning Technician
Planning Commission
- 2 -
December 17 2003
4. PUBLIC HEARING: PCA 04-01; Zoning Ordinance Amendment to amend
Section 19.58.022 of the Chula Vista Municipal Code
regulating accessory second dwelling units to increase
the maximum size limit, modify the on-site parking
requirements and to clarify the requirements for
properties with nonconforming uses. Applicant: City of
Chula Vista.
Project Manager: John Schmitz, Principal Planner
BUSINESS:
DIRECTOR'S REPORT:
COMMISSION COMMENTS:
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests
individuals who require special accommodations to access, attend, and/or participate in a City
meeting, activity, or service, request such accommodations at least forty-eight hours in advance
for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for
specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TDD) at
585-5647. California Relay Service is also available for the hearing impaired.
Planning Commission
- 2-
December 17 2003
4. PUBLIC HEARING: PCA 04-01; Zoning Ordinance Amendment to amend
Section 19.58.022 of the Chula Vista Municipal Code
regulating accessory second dwelling units to increase
the maximum size limit, modify the on-site parking
requirements and to clarify the requirements for
properties with nonconforming uses. Applicant: City of
Chula Vista.
Project Manager: John Schmitz, Principal Planner
BUSINESS:
DIRECTOR'S REPORT:
COMMISSION COMMENTS:
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests
individuals who require special accommodations to access, attend} and/or participate in a City
meeting, activity, or service, request such accommodations at least forty-eight hours in advance
for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for
specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TDD) at
585-5647. California Relay Service is also available for the hearing impaired.
PLANNING COMMISSION AGENDA STATEMENT
Item:
Meeting Date:
I
12/17/2003
ITEM TITLE:
Public Hearing: Consideration of a Conditional Use Pennit, PCC-03-80, to
allow a Dwelling Group consisting ofthree single-family dwelling units in
the R-I-5P zone, at 1198 Alpine Avenue.
The property owner is requesting approval of a conditional use pennit for a Dwelling Group to
build three 1,544 square foot single-family dwelling units on a 18,725 square foot lot at the
above referenced address (see locator map). The lot contains an cxisting 957 square foot single-
family dwelling, and detached garage which will be demolished.
RECOMMENDATION: Staff recommends that the Planning Commission adopt the
attached Resolution PCC-03-80 approving a conditional use pennit allowing a Dwelling group in
an R-I-5P zone based on the findings and subject to the conditions contained therein.
DISCUSSION:
I. Background
In 1999, the property owner submitted for and received approval of a Conditional Use Pennit
(PCC-99-34) for a three unit Dwelling Group at this location. The approved project at the time
incorporated the expansion of the existing residence and the addition of two units, very similar in
design to those in the current proposal. The pennit was never uti1ized and has since expired.
In March of 2003, the applicant prepared and submitted the current app1ication. On June 25,
2003, the project was presented to the Planning Commission who continued the item and
directed the applicant to prepare revised plans including elevations and landscaping. On July 30,
2003, the project was again presented to the Planning Commission with the addition of a
landscape concept plan and streetscape elevations. The Commission again directed the applicant
to work with staff to address the design of the various structures to ensure compatibility with the
single-family neighborhood and to preserve the opportunity to subdivide the site into individual
lots at a later date.
2. Analysis
Staff has met with and discussed the project with the applicant. The applicant wishes to retain
the original design of the project utilizing a shared access drive. To address the Commission's
concerns with this site plan, staff has verified that this design will not preclude the owner from
subdividing at a later date if so desired. In addition, to address the Commission's concerns
regarding design that will integrate the project into a neighborhood with an eclectic mix of styles
of single family residences, the applicant proposes using variations in the color of the roofing
materials, stucco and trim for each unit to distinguish them from each other. Staff believes these
material and color variations are adequate to ensure the units are consistent with the Planning
Commission's direction.
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Page 2, Item:
Meeting Date: 12/17/03
The project, as proposed, meets aU the tenns and conditions governing the development of
Dwelling Groups as provided for in Section 19.58.130 and of the Municipal Code, and will result
in the construction of badly needed street improvements for this area. In addition, the design of
the project, utilizing a shared access drive in the rear of the units, provides a substantial
landscape area in the front yards uninterrupted by driveways. This is an urban design concept
generally encouraged by staff and is consistent with some single-family residential projects being
constructed in the eastern areas of Chula Vista. Staff feels this design is suitable and desirable
for this type of in fill project in western Chula Vista as well.
CONCLUSION:
Staff recommends approval of the application for a Conditional Use Pennit to allow the
Dwelling Group at 1198 Alpine Avenue, in accordance with the findings and conditions of
approval in the attached Planning Commission Resolution PCC -03-80.
Attachments
1. Resolution PCC -03-80
2. Locator Map
3. StaffRep0l1 Dated 6/25/03
4. Planning Commission Minutes from June 25, 2003 and July 30. 2003
5. Project plans
6. Ownership Disclosure Statement
J:\Planning\DAWN\CaseFiles\pc reports&resos\pcc~03~80 cant brief report.doc
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RESOLUTION NO. PCC 03-80
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING CONDITIONAL USE PERMIT
PCC-03-80, A DWELLING GROUP TO ALLOW THREE
SINGLE FAMILY DETACHED DWELLINGS AT 1198 ALPINE
AVENUE
WHEREAS, a duly verified application for a conditional use pennit was filed with the
City ofChula Vista Planning and Building Department on March 19, 2003 by Victor and Juanita
Orellana ("Applicant"); and,
WHEREAS, said Applicant requests approval of a Dwelling Group as defined in Section
19.04.076 of the CVMC to construct three 1,544 square foot single-family dwellings ("Project")
on a 18,725 square foot lot at 1198 Alpine Avenue; and,
WHEREAS, the Environmental Review Coordinator has detennined that the Project
qualifies for a Class 3(b), categorical exemption pursuant to Section 15303 the State California
Environmental Qua1ity Act guidelines; and,
WHEREAS, the Planning and Building Director set the Project for a public hearing
before the Planning Commission on June 25, 2003, and after considering all reports, evidence,
and testimony presented at said public hearing, the Planning Commission voted to continue the
item to their July 30, 2003, meeting with direction to provide enhanced revised plans, including a
conceptual landscape land and enhanced elevations; and,
WHEREAS, on July 30, 2003, the Planning Commission considered the additional plans
provided by the Applicant and the item was again continued to their August 13,2003, meeting
with direction to staff to work with the Applicant to address issues raised by the Commission
relative to the design of the various structures and to ensure the compatibility with the single
family neighborhood and preserve the opportunity to subdivide these properties at a later date;
and,
WHEREAS, on August 13, 2003, the Planning Commission considered and granted the
Applicant's request to continue the Project to a date uncertain; and,
WHEREAS, the Applicant met with staff to discuss the concerns of the Commission and
has requested that the item be placed on a Planning Commission agenda; and,
WHEREAS, the Planning and Building Director set the time and place for a new public
hearing on the 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
and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to
the hearing; and,
J:\Planning\DAWN\CaseFiles\pc reports&resos\pcc-03-80 1198 alpine av dw grp reso.2.doc
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WHEREAS, the hearing was held at the time and place as advertised, namely December
17, 2003, at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Planning
Commission; and,
WHEREAS, after considering all reports, evidence, and testimony presented at said
public hearings with respect to the conditional use pennit application, the Planning Commission
voted to approve the conditional use pennit; and,
WHEREAS, the Planning Commission of the City of Chula Vista does hereby make the
findings required by the City's rules and regulations for the issuance of conditional use pennits,
as herein below set forth, and sets forth, there under, the evidentiary basis that pennits the stated
finding to be made.
I. That the proposed use at this location is necessary or desirable to provide a service
or facility which will contribute to the general well being of the neighborhood or the
. community.
The use is a dwel1ing group located in a single-family residential neighborhood in a
Single-Family Residence (R-I-5P) zoning district. The lot has sufficient size to
accommodate the proposed dwellings. The dwelling group is an allowed use, and is
compatible with the surrounding residential uses. The project as proposed, satisfies the
conditions and requirements of Section 19.58.130 of the CVMC, and will contribute to
the general well being of the neighborhood by providing street improvements and
development consistent with the standards for the neighborhood.
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.
The lot has sufficient size to accommodate the proposed dwellings, provides adequate
separation between the proposed and surrounding dwellings and provides sufficient space
to accommodated off-street parking.
3. That the proposed use will comply with the regulations and conditions specified in
the code for such use.
The conditional approval of PCC-03-80 requires compliance with all conditions, codes
and regulations for the Single-Family Residence (R-I-5P) zoning district, as applicable,
prior to the occupancy for the use as described.
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4. That the granting of this Conditional Use Permit will not adversely affect the
General Plan of the City or the adopted plan of any government agency.
The project is in consistent with the General Plan and Zoning Ordinance land use
designations. The property is zoned R-1-5P, which allows dwelling groups with a
conditional use pennit. The project, as conditioned, is in compliance with the applicable
codes and regulations. All conditions shall be satisfied prior to final building inspection
or occupancy.
WHEREAS, the Planning Commission of the City ofChula Vista grants Conditional Use
Pennit PCC-03-80 subject to the following conditions, whereby the Applicant and/or property
owners shall:
PLANNING & BUILDING DEPARTMENT CONDITIONS
I. Develop and maintain the project in accordance with Title 19 of the CVMC and the
project plans dated February 26, 2003, including a site plan, floor plan, and exterior
elevations.
2. Obtain all required building pennits in compliance with the 2001 Energy, Handicapped
Accessibility, California Building Code, California Plumbing Code, California
Mechanical Code and California Electrical Code requirements.
3. Pave all roadways, driveways and parking areas with a minimum of five inches of
portland concrete cement.
4. Place all on-site utilities underground.
5. Instal1ed and maintained all landscaping improvements in accordance with the approved
conceptual landscape plan.
6. Each unit shall be varied from the others in tenns of exterior color and materials.
ENGINEERING DIVISION CONDITIONS
7. Pay the appropriate sewer connection and capacity 'fees, development impact fees, and
traffic signal fees for the project.
8. Install a separate sewer lateral for the new dwelling prior to the issuance of a building
pennit.
9. If required, provide grading plans to the Engineering Department for review and approval
and obtain a grading pennit as part of the building pennit process.
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10. Obtain a construction pennit and construct street improvements per C.V. Drawing No.
00093, for the street widening and installation of curb, gutter, sidewalk and drainage
improvements.
II. The project must comply with the City Of Chula Vista's Stonn Water Management
Standards Requirements Manual. The applicable fonns must be completed and submitted
to the Engineering Division prior to the issuance of any building pennits.
12. Implement Best Management Practices (BMPs), both during and after construction, to
prevent pollution of the stonn water conveyance systems. The Applicant is required to
identify stonn water pollutants that are potentially generated at the facility and propose
BMPs that will be implemented to prevent such pollutants from entering the stonn
drainage systems. Pennanent stonn water requirements shall be incorporated into the
project design and shall be shown on the plans.
13. With first submittal of grading and improvement plans, a water quality study will be
required to demonstrate compliance with the requirements of the National Pollutant
Discharge Elimination System (NPDES) Construction and Municipal Pennits, including
Standard Urban Stonn Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria.
CHULA VISTA ELEMENTARY SCHOOL DISTRICT CONDITIONS
14. Pay all appropriate school fees.
STANDARD CONDITIONS
15. The conditions of approval for this pennit shall be applied to the subject property until
such time that the conditional use pennit is modified or revoked, and the existence of this
use pennit with approved conditions shall be recorded with the title of the property. Prior
to the issuance of the building pennits for the proposed unit, the Applicant/property
owner shall provide the Planning Division with a recorded copy of said document.
16. This pennit shall be subject to any and all new, modified or deleted conditions imposed
after approval of this pennit to advance a legitimate governmental interest related to
health, safety or welfare which the City shall impose after advance written notice to the
Pennittee and after the City has given to the Pennittee the right to be heard with regard
thereto. However, the City, in exercising this reserve'd right/condition, may not impose a
substantial expense or deprive Pennittee of a substantial revenue source which the
Pennittee cannot, in the nonnal operation of the use pennitted, be expected to
economically recover.
17. This pennit shall become void and ineffective if not utilized within one year from the
effective date thereof, in accordance with Section 19.14.260 of the Municipal Code.
Failure to comply with any conditions of approval shall cause this pennit to be reviewed
by the City for additional conditions or revocation.
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18. Any deviation from the above noted conditions of approval shall require the approval of a
modified conditional use pennit.
19. The Applicant/owner sha1l and does hereby agree to indemnify, protect, defend and hold
hannless City, its City Council members, officers, employees and representatives, from
and against any and a1lliabilities, losses, damages, demands, claims and costs, including
court costs and attorney's fess (co1lectively, liabilities) incurred by the City arising,
directly or indirectly, from (a) City's approval and issuance of this Conditional Use
Pennit, (b) City's approval or issuance of any other pennit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
(c) Applicant's installation and operation of the facility pennitted hereby, including,
without limitation, any and a1l liabiJities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. Applicant/operator sha1l
acknowledge their agreement to this provision by executing a copy of this Conditional
Use Pennit where indicated below. Applicant's/operator's compliance with this
provision is an express condition of this Conditional Use Pennit and this provision shall
be binding on any and all of Applicant's/operator's successors and assigns.
EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
20. Execute this document by making a true copy of this letter of conditional approval and
signing both this original letter and the copy on the lines provided below, said execution
indicating that the property owner and Applicant have each read, understood and agreed
to the conditions contained herein, and wi1l implement same. Upon execution, the true
copy with original signatures shall be returned to the Planning Department. Failure to
return the signed true copy of this document shall indicate the property
owner/Applicant's desire that the project, and the corresponding application for building
pennits and/or a business Jicense, be held in abeyance without approval.
Signature of Property Owner
Date
Signature of Applicant
Date
INVALIDITY; AUTOMATIC REVOCATION
20. It is the intention of the Planning Commission that its adoption of this Resolution is
dependent upon the enforceability of each and every tenn, provision and condition herein
stated; and that in the event that anyone or more tenns, provisions or conditions are
detennined by a Court of competent jurisdiction to be invalid, illegal or unenforceable,
this resolution and the pennit sha1l be deemed to be automatically revoked and of no
further force and effect ab initio.
7
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Pennit PCC-03-80 in accordance with the findings and subject to the
conditions contained in this resolution.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA
VISTA, CALIFORNIA, this 17th day of December, 2003, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Steve Castaneda, Chair
ATTEST:
Diana Vargas, Secretary
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STRATFORD
ARMS
APARTMENTS
MULTIPLE
FAMILY
UNITS
s'f
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CHULA VISTA PLANNING AND BUILDING DE PARTM E NT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLlcANT:VlCTORlJUANITA ORELLANA CONDITIONAL USE PERMIT
PROJECT
ADDRESS: 1198 ALPINE AVENUE Request: Proposing dwelling group within the R15P
SCALE: FILE NUMBER: zone. Will be demolishing existing house.
NORTH No Scale PCC-03-80
c:lcherrylcllocatorsllocators03Ipcc0380.cdr 04.08.03 7
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PLANNING COMMISSION AGENDA STATEMENT
Item: .3
Meeting Date: 06/25/2003
ITEM TITLE:
Public Hearing: Conditional Use Pennit PCC-03-80, proposal to allow a
dwelling group consisting of three single-family dwelling units in the
R-1-5P zone, at 1198 Alpine Avenue.
The property owner proposes to build three 1,544 square foot single-family dwelling units on a
18,725 square foot lot. The lot contains an existing 957 square foot single-family dwelling, and
detached garage which will be demolished.
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has detennined that the project qualifies
for a Class 3(b), categorical exemption pursuant to Section 15303 the State CEQA guidelines.
No further environmental review is necessary.
RECOMMENDATION: Staff recommends that the Planning Commission adopt the
attached Resolution PCC-03-80 approving a conditional use pennit allowing a dwelling group
in an R-1-5P zone based on the attached draft Resolution and the findings and conditions
contained therein.
DISCUSSION:
I. Site Characteristics
The property is 18,725 square-feet in size, essentially flat and contains an existing 957 square-
foot single-family dwelling and detached garage, which will be removed. The uses adjacent to
the property include single-family dwellings in all directions.
2. General Plan, Zoning and Land Use
Site:
North:
South:
East:
West:
General Plan
Residential, Low-Medium
Residential, Low-Medium
Residential, Low-Medium
Residential, Low-Medium
Residential, Low-Medium
Zoning
R-1-5P
R-I-SP
R-I-5P
R-1-5P
R-I-5P
Current Land Use
Single-family residential
Single-family residential
Single-family residential
Single-family residential
Single-family residential
3. Background
In 1999, the property owner submitted for and received approval of a Conditional Use Pennit
(PCC-99-34) for a three unit dwelling group at this location. The approved project at the time
incorporated the expansion of the existing residence and the addition of two units, very similar
/
Ii}
Page 2, Item:
Meeting Date: 06/25/03
in design to those in the current proposal. The permit was never utilized and has SInce
expired.
4. Proposal
The project is located at the northwest corner of Alpine Avenue and Oxford Street. The
property is currently developed with a 957 square foot single-family dwelling with a front yard
that is oriented toward Alpine A venue and takes vehicular access from Oxford Street. The
proposal is to remove the existing dwelling unit and construct three new single-family detached
dwellings. The dwellings front yards will be oriented toward Oxford Street and they will take
vehicular access from Alpine A venue by a drive along the rear of the units. Each unit includes
a detached two-car garage to meet the minimum parking requirements.
The lot size is adequate to meet the minimum 5,000 square foot lot size requirement for each
dwelling unit. The proposed location of the units meets the required setbacks and building
separation.
ANALYSIS:
The dwelling group is proposed in a Single-Family Residence (R-1-5P) zone. Dwelling groups,
defined by the CVMC as "a group of two or more detached buildings used for dwelling purposes
located on any parcel of land in one ownership and having any yard or court in common", are
pennitted in the R-I zone with a Conditional Use Pennit and are subject to the provisions of
CVMC 19.58.130. The project, as proposed, is consistent with those provisions as follows:
A. The area of the lot devoted to each structure used for dwelling purposes exceeds the
minimum lot size of the underlying zone.
B. Each dwelling will be connected to a gravity sewer per Condition No.6.
C. All on-site utilities will be placed underground per Condition No.4.
D. No garage conversion is proposed.
E. All driveways and guest parking areas will be paved per Condition No.3.
F. The width of the access road is equal to the required twenty feet for the first two units and
fifteen feet for the last unit.
G. Guest parking spaces are only necessary in cases where dwellings are served by an access
roadway. These units can utilize on-street parking for guests since the front yard is
oriented toward Oxford Street.
H. The Fire Marshal may require an on-site fire hydrant if necessary.
I. The property does not require grading.
J. The natural slope is less than 10 percent.
K. The units of the dwelling group will comply with the required yards, as listed in the table
below.
L. The units of the dwelling group will comply with the minimum separation as listed in the
table below.
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II
Page 3, Item:
Meeting Date: 06/25/03
DEVELOPMENT STANDARD
Height
Lot Coverage
Floor Area Ralio (FAR)
Setbacks:
Front (Oxford St)
Rear
Side
Corner Side (Alpine Av)
Distance Between units
Parking
ALLOWED/REQUIRED
28 feet (2.5 stories)
40%
45%
PROPOSED
23'-4"
24%
31%
15 feet
15 feet
5 feet
10 feet
10 feet
2-car garage
15 feet
15-20 feet
10.5 to dwelling, 5 to garage
17 feet
32-36 feet
2-car garage
M. All development pennitted under this provision shall be subject to the regulations and
requirements of Title 19 of the CVMC, per Condition No.1.
N. Site plan and architectural review for the proposed dwelling group has been provided by
staff and shall be approved by the Planning Commission as part of the Conditional Use
Permit.
O. The proposed single-family dwellings are pennitted uses of the R-I-5P zone.
Pursuant to Section 19.24.040.A of the CVMC a dwelling group is an allowed use in a single-
family residential zone with a conditional use permit. The lot has sufficient size to accommodate
the proposed dwellings and provides for adequate separation between the dwellings. The
dwellings will be architecturally integrated in tenns of design, building materials and colors and
will be compatible with the existing single-family dwellings in the area.
The project is consistent with the General Plan and the CVMC. Approval of the project requires
compliance with the applicable codes and regulations, and all conditions must be satisfied prior
to the final building inspection or occupancy.
CONCLUSION:
Staff recommends approval of the application for a Conditional Use Pennit to allow the dwelling
group at 1198 Alpine Avenue, in accordance with the findings and conditions of approval in the
attached Planning Commission Resolution PCC-03-80.
Attachments
1. Locator Map
2. Resolution PCC-03-80
3. Project Submittal
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Planning Commission Minutes
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IJT7AL 1f-',,/l-1E"u1 ~
June 25, 2003
Public Hearing Closed 6:55.
With the exception of the proposed fence height, the Commission felt they could
support the project because it is well designed, fits in with the character and vision set
forth for that neighborhood, and because of the benefit of street enhancements
associated with the project.
MSC (Castaneda/ Hom) (5-0-0-2) That the Planning Commission recommend approval
of the Resolution, recommending fhaf the City Council adopf the Ordinance
approving PCM 03-33 to deviate from fhe development standards of fhe R-3 Zone and
for wall and fence heighfs not to exceed six feet. Motion carried.
3. PUBLIC HEARING: PCC 03-80; Condifional Use Permit proposal to allow a
dwelling group consisting of fhree single-family dwelling units
in the R-1-5P Zone, at 1198 Alpine Avenue.
Background: Dawn Van Boxtel, Associate Planner reported that a dwelling group is
defined in the Municipal Code as "a group of two or more detached buildings used for
dwelling purposes located on any parcel of land in one ownership and having any yard
or court in common." They are permitted in the R-1 zone with a conditional use permit.
The applicant proposes to build three 1,544 sf single-family dwelling units on a 18,725
sf lot. The lot size is adequate to meet the minimum 5,000 sf lot size requirement for
each unit.
The proposal includes the removal of the existing 957 sf single-family dwelling and to
construct three new single-family detached dwelling at the northwest corner of Alpine
Avenue and Oxford Streets. Each of the 3 units would include a two-car garage, and the
front yards would be oriented toward Oxford Street with vehicular access from Alpine
Avenue by a drive along the rear of the units.
Staff Recommendation: That the Planning Commission adopt Resolution PCC 03-80
approving a conditional use permit allowing a dwelling group in an R-l-SP zone based
on the resolution and the findings and conditions contained therein.
Commission Discussion:
Commission Cortes stated that the lack of sidewalks in that area of the City is in the
forefront of his concerns, and asked for an update on any Capital Improvement project
targeted for street improvements in that area.
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Planning Commission Minufes
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June 25, 2003
Jim Sandoval, Assistant Planning Director, responded that as part of the requirements for
development in that area would include frontage improvements that typically consist of
curb, gutter and sidewalk. Additionally, if the street is in disrepair, they would be
required to improve the street to the center line.
Mr. Sandoval further stated that the newly adopted budget targets a significant amount
of money (approximately 4 million dollars) toward infrastructure and improvements in
this area of the City.
He further stated that at a future Planning Commission meeting a staff member from the
Engineering Department could apprise the Commission of where those funds are
targeted and what types of improvement will be made.
Commissioner Castaneda stated he wrestles with the Code's definition of a dwelling
group in the R-1 Zone. In his opinion, if someone wants to develop a piece of land
such as this, they ought to subdivide it. Cmr. Castaneda inquired if staff tries to
discourage such proposals and encourage subdividing.
John Schmitz, Principal Planner stated that the dwelling group provision was put into
the ordinance in the '80's when the State came out with the granny flat and accessory
unit ordinance requirements. Looking back to the historical record, it appears that the
dwelling group provision was an alternative method of allowing over-sized lots to have
additional units without requiring them to subdivide the land. The dwelling group
provision is in place and if the applicant can meet all of the standards, we don't try to
talk them out of it.
Cmr. Castaneda stated that even though the Municipal Code allows dwelling groups and
accessory units in the ~-1 Zone, in his opinion, compromising the integrity of the Single
Family Zone, he believes that when proposals such as this come around, the City ought
to ask for something a little above and beyond just the bare minimum.
Cmr. Castaneda further stated that there ought to be consistency in the submittal
requirements for all projects. The Commission needs to be able to make an informed
decision evaluating every supporting document that will assist them in better
understanding of what the end-product will look like, i.e. landscape and hardscape
plans, not just a site plan.
Cmr. Castaneda also indicated that it appears that the City's new budget may provide for
the installation of street improvements in this area, therefore, he would like to know if
the developer of this project, or any other project that would be developing in areas
targeted for street improvements, would they be required to reimburse the City for their
share, had the improvements not been installed.
f'T
Planning Commission Minutes
- 7 -
June 25, 2003
Mr. Sandoval responded that there is merit to these comments and would be passing it
on to Engineering for consideration.
Commissioner Felber inquired if staff knew what intentions the owner has for these
units and if they would become rental units.
Public Hearing Opened 7:00.
Tom Kaywood, 9041 EI Dorado Parkway, EI Cajon, CA, applicant's representative
stated that he believes the owner would live in the front unit and would, most likely,
rent the other two, since he can't sell them without subdividing them.
Public Hearing Closed 7:03.
Cmr. Castaneda stated he has not seen enough of this project to feel comfortable
rendering a decision. He further indicated that, in his opinion, he believes the City
should hold to a higher development standard projects such as this in order to ensure
that a quality product is developed, in exchange for allowing dwelling groups in the
Single Family Residential Zone.
MSC (Castaneda/Cortes) (5-0-0-2) that the Planning Commission continue this item to
the next regularly scheduled meeting in order to allow the applicant time to further
work with staff and develop enhanced revised plans, i.e. a conceptual landscape plan,
enhanced elevations and design treatments fhat will elevate fhe project from what is
currenfly being proposed. Motion carried.
4. PUBLIC HEARING: PCM 03-08; Precise Plan including a Density Bonus to allow
for 14-unit condominium project in the R2P Zone af 815 Ada
Street.
Background: Harold Phelps reported that the proposal is to construct a 14-unit
town home project consisting of 7 duplex buildings each incorporating two-story Unit A
and Unit B floor plans. Unit A would measure 1,560 sf with a 420 sf two-car garage,
and Unit B would measure 1,352 sf with a 436 sf two car garage. Each building is 24
feet high and will be enclosed by private fenced-in rear yard areas with patios.
A 24 ft. wide driveway through the center of the property will serve the complex,
including sidewalks on both sides for both vehicular and pedestrian paths to the garage
and condominium entrances. Recreation areas are located on both sides of the
driveway, including playgrounds and BBQ picnic areas behind guest parking spaces and
the trash enclosure.
/'
IS
MINUTES OF THE
CITY PLANNING COMMISSION OF
CHUlA VISTA, CALIFORNIA
6:00 p.m.
Wednesday, July 30, 2003
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
ROLL CAll! MOTIONS TO EXCUSE:
Present:
Absent:
Madrid, O'Neill, Hall, Castaneda, Hom, Felber
Cortes
Staff Present:
Jim Sandoval, Assistant Director of Planning and Building
John Schmitz, Principal Planner
Duane Bazzel, Principal Planner
Dawn Van Boxtel, Associate Planner
Rich Whipple, Senior Planner
Dave Hanson, Deputy City Attorney I
MSC (Castaneda/Hall) to excuse Commissioner Cortes who is ouf of the country. Motion
carried.
PLEDGE OF ALLEGIANCE/SILENT PRAYER
INTRODUCTORY REMARKS:
Read into the record by Chair Hall
APPROVAL OF MINUTES:
June 25, 2003
MSC (Casfaneda/Felber) (4-0-2-1) to approve minutes as submitted with noted commenfs
made by Cmr. Felber regarding street improvemenf requiremenfs in the redevelopment
areas.
ORAL COMMUNICATIONS:
No public input.
1. PUBLIC HEARING: PCC 03-80; Conditional Use Perm if proposal fo allow a dwelling
group consisting of fhree single-family dwelling unifs in the R-1-
5P Zone, at 1198 Alpine Avenue.
Background: Dawn Van Boxtel, Associate Planner reported that the Planning
Commission continued this item on June 25th in order to allow the applicant time to
further fine-tune his proposal and return with enhanced elevations and a landscape
ftr
Planning Commission Minutes
- 2 -
July 30, 2003
concept plan. Ms. Van Boxtel stated that the applicant submitted streetscape elevations
from Alpine Ave. and Oxford Street and a landscape concept plan.
Commission Discussion:
Cmr. O'Neill stated that his understanding behind the rationale for allowing dwelling
groups was envisioning a family compound with a single entry, He further stated that
this would be a perfect lot to subdivide because the proposal calls for constructing three
houses with street-frontage. He is concerned that this is an inexpensive way of creating
three "for-rent" houses in the R1- Zone without having to spend the time or money to
subdivide the property.
Jim Sandoval, Acting Director of Planning and Building stated that staff is recommending
approval because the proposal meets the provisions of the Code. He further indicated
that this is one of those cases where the intent and purpose of this code provision will be
closely reviewed during the Zoning Code update.
Cmr. Castaneda stated he concurs with Cmr. O'Neill's comments and raised practically
the same issues at the last Planning Commission meeting when this item was first
reviewed. Additionally, although the applicant has submitted streetscape and landscape
concept plans, he is concerned with the "cookie-cutter" design of all three homes and
was under the impression that the applicant was going to fine-tune the entire proposal to
include design elements on each home that would set them apart from each other,
thereby better integrating into the surrounding single family neighborhood.
Cmr. Horn stated that, in his opinion, the proposal would greatly improve the condition
of the existing site, surrounding area and provide street improvements.
Public Hearing opened.
Tom Kaywood, 9041 EI Dorado Parkway, Sp. 45, EI Cajon, stated that at this time the
applicant is not interested in subdividing, mostly because of time and substantial
increase to the cost of the project, however, that option would remain open and mostly
likely the owner would opt to subdivide the properties some time in the future.
Furthermore, if the lot were to be subdivided, the homes could be built without the
benefit of added requirements that the project is currently proposing, like enhanced
building design and landscaping.
Cmr. Felber asked who would be responsible to ensure that the landscaping is
maintained.
Mr. Kaywood stated that most likely, the landlord would be willing to do the
maintenance if that is include as a Conditional Of Approval.
(7
Planning Commission Minutes
- 3 -
July 30, 2003
Cmr. Madrid stated that, in her opinion, the product already looks like three single
fami Iy residences, which assimi late well into the neighborhood, and the issue of whether
they are rental units is something that no one has control over because even if the lot
was subdivided and three residences were built, the owner still has the right to rent out
the property.
Cmr. Felber expressed concern with the possible lack of landscape maintenance and
inquired if there was a means by which the project could be conditioned to include
landscaping maintenance requirements.
Mr. Sandoval stated that some projects require a bond for up to one year, which ensures
that the landscaping germinates and doesn't die within a few weeks. Additionally, as a
Conditional Use Permit, if any terms of the conditions are not met, it can be brought
back to the Commission for review. Furthermore, as with any other project or
residential community, one would only hope that the residents would take ownership
and pride in their unit and maintain it. For egregious violations, upon a complaint, Code
Enforcement has stepped in and required compliance.
Cmr. Felber asked if having a common driveway would preclude the property from the
ability to subdivide it later?
Mr. Sandoval responded that he wasn't absolutely certain and would have to refer it to
Engineering and the Subdivision Ordinance. There are situations where the Code allows
common driveways as long as the one owner grants an access easement to the other.
MSC (Casfaneda/O'Neill) (6-0-1-0) that this item be continued to August 13, 2003 to
allow staff time to work with the applicant addressing the issues raised by the
Commission relative to the design of the various structures and to ensure the
compatibility with the single family neighborhood and preserve the opporfunity to
subdivide fhese properties at a later date. Motion carried.
2. PUBLIC HEARING: PCC 03-47; Condifional Use Permit for Cingular Wireless to
construct an unmanned wireless telecommunications facility at
525 Hunte Parkway.
Background: Stan Donn, Associate Planner reported that the applicant is proposing to
construct an 87 foot monopine supporting twelve antennas with the capability to
accommodate antennas for a future provider. A 10 foot tall equipment shelter is
proposed, having a 200 sf footprint and will reflect the architectural features and
landscaping of the existing Otay Water District facilities.
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Appendix B .-1
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Itrt$fM1t7v1J 7 b
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments,
or campaign contributions, on all matters which will require discretionary action on the part of the City
Council, Planning Commission, and all other official bodies. The following information must be disclosed:
1. List the names of all persons having financial interest in the property which is the subject of the
application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier.
V Ie '01'- 1f?f:...e:.LLA,f.JA
JUAN ITA- t9~LL-4NA
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.
3. If any person. identified pursuant to (1) above is non-profit organization or a trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
4. Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees, and Council within the past twelve months? Yes No
If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants, or
independent contractors who you have assigned to represent you before the City in this matter.
6. Have you and/or your officers or agents, in the aggregate, contributed mo~ than $1,000 to a
Councilmember in the current or preceding election period? Yes _ No ~ If yes, state which
Councilmember(s):
(NOTE: ATTACH ADDITIONAL PAGES AS NECE
,~)..."
. Person is defined as: "Any indiYidual. firm, co-partnershIp. joint venlUre, association. social dub. frealerM./ organization.. corporaliol't.
eSlale. trust. receiver, syndicote. this and any other CDUnly, city and country, city municipalir):. autric!. or other political subdivision. or any
other f!"OUl/ Of' combination DelinE! as a unit. ..
PLANNING COMMISSION AGENDA STATEMENT
Item: ::L-
Meeting Date: 12/17/Ol
ITEM TITLE:
PUBLIC HEARING: PCS 04-01; Consideration of Tentative Subdivision
Map known as EastLake Summit, Chula Vista Tract 04-01 to subdivide
approximately 54.38 acres into 39 lots - The EastLake Company.
The applicant, The Eastlake Company, submitted an application for a tentative subdivision map to
subdivide 54.38 acres into 39 residential and open space lots (see Attachment 2, Exhibit A). The
Project is located at the northeast corner of EastLake Parkway and Olympic Parkway within the
EastLake Greens residential community (see Locator).
The Environmental Review Coordinator has reviewed the proposed Project for compliance with
the California Environmental Quality Act and hereby finds that the Project, as analyzed in the
Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning
Program (FSEIR 97-04), would have no new effects that were not examined in said FSEIR
(Guideline 15 I 68). Thus, no further environmental review or documentation is necessary.
RECOMMENDATION:
Adopt attached Resolution PCS 04-01 recommending that the City Council approve the proposed
tentative subdivision map based on the findings and subject to the conditions contained in the
attached City Council Resolution (see Attachment 2).
DISCUSSION:
I. Background
The subject property is within Parcel R-9 of the EastLake Greens neighborhood, which was
targeted for 750 multi-family units (see Attachment 4). The subject property was previously
subdivided into four super lots associated with Chula Vista Tract 03-04 (see Attachment 5). Lot
I was recently approved for 150 affordable apartment units known as the Rancho Vista
Apartments, and is currently under construction. Lots 2, 3 & 4 could accommodate up to 600
units.
The proposed 600-unit multi-family development proposal, which consists of detached and
attached buildings ofvarying densities, was considered and was approved by unanimous vote by
the Design Review Committee on November 17,2003.
2. Existing Site Characteristics
The project site is an irregular shaped parcel located at the northeast corner of EastLake Parkway
and Olympic Parkway. The "Project site" has been previously mass graded into a relatively flat
pad in conjunction with improvements to EastLake Parkway. There is an approximately 20 to 25-
I
Page 2, Item:
Meeting Date: 17/1 7101
foot high slope separating the Project from the Rancho Vista Apartments to the north. The Project
contains slopes up to 15 feet along EastLake Parkway, up to 40 feet along Olympic Parkway and up
to 45 feet high on the east side adjacent to the utility corridor (see Attachment 6A-6D).
3. Zoning and Land Use
The project site is surrounded by the following land uses:
Surrounding Land Uses
Chula Vista GDP Land PC District
Municipal General Plan Use (Land Use Existing
Code Designation Designation District) Land Use
Pmjp.r.tSite PC (Planned Medium High MH. Medium RM-2S, Residential Vaeant
Community) Residential High Multi-Family
Residential
South (across PC (Planned Medium-High Medium High RM-1, Residential Vacant
Olympic Community) Residential Residential Multi-Family (proposed 123-
Parkway) unit detached
residential,
Village 11 in
Otay Ranch)
East (across PC (Planned Low Medium M (Medium RC -10 (Residential existing
utility Community) Residential (3-6 Residential); P Condominium);OS residential;
easement) dulac) (Parks & -4 (open space); future park
Recreation); RS- S (Residential
LM (Low- single-family)
Medium
Residential)
West (across PC (Planned
EastLake Community) Retail FC, Freeway FC, Freeway Commercial
Parkway) Commercial Commercial center under
construction
North PC (Planned Medium High Medium High RM. Residential ISO-unit
Community) Residential Residential Multi-family Rancho Vista
Apartments
4. Project Description
The project consists of three perimeter open space lots (Lots 1-3), four internal
recreation/open space lots (Lots 4-7),14 private street lots (Lots 8-21), and 18 residential
lots (Lots 22-39) (see Tentative Map Site Plan, Attachment 6A). The residential lots will
be developed as five separate condominium villages joined together by the internal
vehicular and pedestrian circulation system, open space and other common facilities (see
Attachment 7 and 8).
2
Page 3, Item:
Meeting Date: 1)/17101
5. Analysis
I "no TT,e
The EastLake II SPA Plan (see Attachment 4, Site Utilization Plan) identifies the subject
site as portion of Parcel R-9 with a target density of 5-15 dulac, and a maximum of 600
dwelling units. Thus, the proposed tentative subdivision map is in substantial compliance
with the EastLake II General Development Plan and EastLake II Sectional Planning Area
(SPA) Plan. At build-out, the Project will include 600 units at a density of 10.3 dulac.
Gr"oing
The site is relatively flat except for a 25-foot high slope running along its northern border.
This slope provides for a physical separation between the Rancho Vista apartment complex
to the north, which is lower than the Project site. The site currently contains three sediment
basins in place from the previous mass grading operation. The site has manufactured
slopes on all sides ranging from 0 to 16 feet above Eastlake Parkway along the west
property line; 16 to 43 feet above Olympic Parkway along the south property line; 0 to 43
feet above the SDG&E corridor along the east property line; and 25 feet above the mass
graded pad immediately adjacent to the north (Rancho Vista Apartments) (see
Attachment 6D and E).
~lrc.lllM;()n
Access is provided by gated entrances from Olympic Parkway and EastLake Parkway,
which connects to an internal primary "spine" road. The internal circulation is via a series
of private streets and driveways (see Attachment 8, Development Proposal Site Plan).
Perks "no Open Sp""e
The Project is served by an existing 15-acre community park located just north of the
EastLake High School and an 11.8-acre Sunset View neighborhood park located east of
the 200-foot utility corridor within the EastLake Greens neighborhood. Both of these
parks are in close proximity to the Project. In addition, the Project is being conditioned
to provide a trail connection to the neighborhood park in the Greens neighborhood (as
discussed below).
The EastLake Company has satisfied parkland acquisition and development requirements
within EastLake II and III SPAs by dedicating land and paying development fees.
Pursuant to Section II.4.5 of the EastLake II SPA (Design Guidelines Supplement for
"Land Swap Area" graphic for Parcel R-9), the Developer is required to provide a
pedestrian trail along the eastern edge of the Project between Olympic Parkway and
Eastlake Parkway. The SPA currently depicts the trail running through the 200-foot wide
corridor, which lies adjacent to the Project site on the east. In order to provide for the
trail at this location, the Developer will be required to secure a public easement to
construct and maintain the trail. In addition, the applicant is required to construct a
pedestrian connection between the pedestrian trail and the Sunset View neighborhood
park (Park P-3) (see Attachment 9, Graphic for Parcel R-9). The applicant understands
and agrees to this requirement.
.3
Page 4, Item:
Meeting Date: 17/17101
rommon Open Sp::1f:e
Additionally, the project includes four internal recreational lots totaling over 3 acres for
pocket parks and recreational facilities to serve the residents of this 600-unit multifamily
proj ect.
Schools
The Project is conveniently located in close proximity to both the EastLake High School
and the Olympic View Elementary School. The Chula Vista Elementary School District
has indicated that since the Project is in EastLake, school mitigation has been satisfied
through participation in Community Facilities District (CFD No. I), which has been
formed by the EastLake Planned Community.
Students from this project will attend Olympic View Elementary School, which IS
expected to have sufficient capacity at project build-out.
Dr~in::Jt:e
The Project proposes a private drainage system for the purposes of controlling storm
water run-off from the Project. The private drainage system will connect to the City
public storm drain systems in five different locations: one at the northwest corner of the
site, one at the entrance at EastLake Parkway, one along the southern portion of the
Project between the intersection of EastLake Parkway and Olympic Parkway and the
entrance along Olympic Parkway, and one east of the entrance along EastLake Parkway.
All of the public storm drain systems will be checked during final design to verify
adequate capacity is available to handle the Project run-off (see Attachment 6B-6D).
~
The Project is served by a combination of public and private sewer systems. A sewer
study prepared for the Project indicates that the City's public sewer system will have
adequate capacity to handle the effluent generated by the Project.
The Project connects to the City's existing public main lines at the northwest corner of
the Project at EastLake Parkway, and another connection at the southerly boundary at
Olympic Parkway between the Project entry and intersection at EastLake Parkway.
Pot~h1e IV Recyc1eo Weter
The Project will be serviced by a private system within the private streets. Three
connections to the Otay Water Districts public mainlines are being proposed. One
connection is at the northwest comer of the site and one connection at the entrances on
EastLake Parkway and Olympic Parkway.
CONCLUSION:
For the reasons stated above, staff recommends adoption of the Resolutions recommending that
the City Council approve the tentative map based on the findings and subject to the conditions
contained therein.
L/
Page 5, Item:
Meeting Date: 17/17/01
Attrlrnm~nt~
1. Planning Commission Resolution
2. Draft City Council Resolution
3. Locator
4. EastLake Greens SPA Site Utilization Plan
S. Approved EastLake Land Swap Tentative Map, Chu1a Vista Tract 03-04
6. EaslLake Summit Tentative Map approved Site Plan and Grading Plan
7. EastLake Summit Residential Villages
8. EastLake Summit Circulation
9. EastLake Greens Trail Plan
10. Disclosure Statement
l'\PlanninglStanDlEastlakelLand Swap ResidentiallPCS 04-01 TM Jan. 13. 04\PCRPT.TMdoc.v2doc Dec. 17, m.doc
~
RESOLUTION NO PCS 04-01
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE AND ESTABLISH
CONDITIONS OF THE TENTATIVE SUBDMSION MAP FOR EASTLAKE
SUMMIT, CHULA VISTA TRACT 04-01 - THE EASTLAKE COMPANY
WHEREAS, duly verified application for a tentative subdivision map was filed with
the City of Chula Vista Planning and Building Department on August 7, 2003 by the
EastLake Company, Inc. ("Developer") requesting approval to subdivide 54.48 acres into 39
residential and open space lots ("Project"), and,
WHEREAS the area of land, which is the subject of this Resolution, is located at the
northeast corner of Olympic Parkway and EastLake Parkway within the EastLake II
Planned Community ("project site"); and,
WHEREAS, The Environmental Review Coordinator has reviewed the proposed
project for compliance with the Califomia Environmental Quality Act and hereby finds that
the Project, as analyzed in the Final Subsequent Environmental Impact Report for the
EastLake Trails/Greens Replanning Program (FSEIR 97-04), would have no new effects
that were not examined in said FSEIR (Guideline 15168). No further environmental review
or documentation is necessary; and,
WHEREAS, the Planning and Building Director set the time and place for a hearing
on the tentative map and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the city and its mailing to property
owners and tenants within 500 feet of the exterior boundaries of the property at least JO days
prior to the hearing; and,
WHEREAS, the Planning Commission having received certain evidence on
December 13, 2003, as set forth in record of proceedings herein by reference as is set forth
in full, made certain findings as set forth in their recommending Resolution PCS 04-0 I
herein and recommended to the City Council approval of the application based on certain
terms and conditions; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00
p.m., December 17, 2003, in the Council Chambers, 276 Fourth Avenue, before the
Planning Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING
COMMISSION hereby recommends that the City Council adopt the attached City Council
Resolution approving the Tentative Map for Chula Vista Tract 04-01 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.
&"
Resolution PCS-04-01
Page 2
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA, CALIFORNIA, this 17th day of December 2003, by the
following vote, to-wit:
AYES:
NOES:
ABSENT:
Steve Castaneda, Chairperson
ATTEST:
Diana Vargas, Secretary
J:IPlanninglStanDlEastlakelLand Swap ResidentialIPCS 04-01TM Jan. 13, 041PC Resa TM.doc
7
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ESTABLISHING
CONDITIONS OF THE TENTATIVE SUBDIVISION MAP FOR
EASTLAKE SUMMIT, CHULA VISTA TRACT 04-01
I. RECITALS
A. Project Site
WHEREAS, the area of land which is the subject matter of this Resolution is
diagranunatically represented in Exhibit A, copies of which are on file in the Office of the
City Clerk, incorporated herein by reference, and commonly known as EastLake Summit
Tentative Subdivision Map, Chula Vista Tract 04-01; and for the purpose of general
description herein consists of 54.38 acres, commonly known as Parcel R-9 in the EastLake II
SPA, located at the northeast corner of EastLake Parkway and Olympic Parkway within the
EastLake Greens residential neighborhood ("Project Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on August 7, 2003, The EastLake Company ("Developer") filed a tentative
subdivision map application with the Planning & Building Department of the City of Chula
Vista requesting approval of the Tentative Subdivision Map to subdivide 54.38 acres into 39
residential and open space lots and to be developed with 600 single-family attached/multi-
family dwelling units. The tentative map also includes three open space lots ("Project"); and,
C. Prior Discretionary Approval
WHEREAS, the development of the Project Site has been the subject matter of various
entitlements and agreements, including: I) amended EastLake II General Development Plan
(GDP) approved by City Council by Resolution No 2002-64 on July 23, 2002; 2) EastLake II
Sectional Planning Area (SPA) Plan approved by City Council Resolution No 2002-151 on
May 7, 2002; 3) EastLake Greens Neighborhood, Design Guidelines Supplement for "Land
Swap" area of EastLake Greens, and EastLake Greens and "Land Swap Supplemental Public
Facilities Financing Plan all adopted by Resolution 19275 on March 24, 1998; 4) Final
Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning
Program (FSEIR 97-04) and associated Mitigation Monitoring and Reporting Program
certified on November 24, 1998; 5) Addendum to FSEIR 97-04 for the EastLake Land Swap
Residential project (IS-03-009); 6) amended EastLake Comprehensive Affordable Housing
Program adopted by City Council Resolution 2001-220 on July 17,2001; 7) the amended
EastLake II Planned Community District Regulations and Land Use Map approved by City
Council Ordinance No. 2863 on August 6, 2002; 8) Chula Vista Tract Map 03-04 approved
by City Council Resolution 2003-141on Apri1 8,2003; and 9) DRC 03-81 approved by the
Design Review Committee on November 17,2003; and,
D. Planning Commission Record of Applications
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
December 17, 2003, and after hearing staff presentation and public testimony voted (xxxxxx)
if
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to recommend that the City Council approve the Project, in accordance with the findings and
subj ect to the conditions listed below; and,
E. Council Record of Applications
WHEREAS, a duly called and noticed public hearing on the Project was held before the City
Council of the City of Chula Vista on January 13, 2004, on the Project and to receive the
reconunendations of the Planning Commission, and to hear public testimony with regard to
the same; and,
WHEREAS, the City Clerk set the time and place for a hearing on said tentative subdivision
map application, and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City, and its mailing to property
owners within 500 feet of the exterior boundary of the project, at least 10 days prior to the
hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on
January 13,2004, in the Council Chambers, 276 Fourth Avenue, before the City Council and
said hearing was thereafter closed.
NOW THEREFORE BE IT RESOLVED that the City Council hereby find, determine and
resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing on the Project held on December 17, 2003, and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding.
III. PREVIOUS FSEIR 97-04 REVIEWED AND CONSIDERED; FINDINGS;
APPROVALS
The City Council hereby finds that: I) there were no changes in the Project from FSEIR 97-
04 which would require revisions of said envirorunental report; 2) no substantial changes
have occurred with respect to the circumstances under which the Project is undertaken since
the previous environmental report; and 3) no new information of substantial importance to
the project has become available since the issuance and approval of the prior environmental
report; and that, therefore, no new effects could occur or no new mitigation measures will be
required in addition to those already in existence and made a condition for Project
implementation. Therefore, the City Council approves the Project as an activity that is within
the scope of the project covered by the FSEIR 97-04 (Guideline 15162 and 15168).
IV. COMPLIANCE WITH CEQA
The Envirorunental Review Coordinator has reviewed the proposed project for compliance
with the California Environmental Quality Act and hereby finds that the Project, as analyzed
in the Final Subsequent Envirorunental Impact Report for the EastLake Trails/Greens
Replanning Program (FSEIR 97-04) and Addendum to FSEIR 97-04 for the EastLake Land
Swap Residential project (IS-03-009), would have no new effects that were not examined in
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said FSEIR (Guideline 15168). No further environmental review or documentation is
necessary .
V. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council has exercised their independent review and judgment and concurs with the
Environmental Review Coordinator's determination that the proposed project was adequately
covered in FSEIR 97-04 and Addendum to FSEIR 97-04 for the EastLake Land Swap
Residential project (IS-03-009), and that said documents were prepared in accordance with
the requirements of the California Environmental Quality Act (CEQA), the State CEQA
Guidelines and the Environmental Review Procedures of the City ofChula Vista.
VI. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that the Tentative Subdivision Map, as conditioned herein for EastLake
Land Swap Residential, Chula Vista Tract No. 04-01, is in conformance with the
elements of the City's General Plan, based on the following:
a) Land Use
The proposed subdivision provides for 39 lots, including 3 open space lots, to be
subsequently developed with a 600-unit condominium project. The site is designated
Medium-High density in the General Plan and Medium-High in the EastLake II SPA.
Thus, the project as conditioned is in substantial compliance with the EastLake II
GDP and SPA and EastLake Greens Neighborhood SPA, and is in substantial
conformance with the EastLake II General Development Plan and the adopted
General Plan.
b) Circulation
All on-site and off-site public streets required to serve the subdivision will be
constructed or DIF fees paid by the developer in accordance with the EastLake
Greens Public Facilities Financing Plan.
The public streets serving the Project will be sized as prescribed in the circulation
element of the General Plan and designed per City design standards and! or
requirements, or modifications accepted by the Director of Engineering. The required
and anticipated off-site improvements would be designed to handle this Project and
future projects in the area.
c) Housing
The project is consistent with the density prescribed within the EastLake SPA and
provides a mix of housing types at various densities for persons of various income
levels. Ten percent of the total number of housing units within the SPA area has been
dedicated to provide as affordable. Thus, the affordable housing requirement shall be
deemed to be satisfied upon the completion of construction of 150 units known as the
Rancho Vista Apartments, and the certification by CIC EastLake that 143 units have
been occupied and rent restricted for low income households.
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d) Conservation
FSEIR 97-04 addresses the goals and policies of the Conservation Element of the
General Plan and found the development of this site to be consistent with these goals
and policies.
e) Parks & Building Construction, Open Space
The Project is served by an existing l5-acre community park located just north of the
Eastlake High School, and will be constructing a future 11.8-acre neighborhood park
(P-3) located east of the 200-foot utility corridor which runs parallel adjacent to the
east side of the Project. The Developer has satisfied all park dedication and
development fee obligations.
f) Seismic Safetv
The proposed subdivision is in conformance with the goals and policies of the
Seismic Element of the General Plan for this site. There are no known earthquake
faults on or around the project site.
g) Safetv
The Fire Department and other emergency service agencies have reviewed the
proposed subdivision for conformance with City safety policies and have determined
that the proposal meets the City Threshold Standards for emergency services.
h) Noise
Noise mitigation measures included in the FSEIR 97-04 adequately addresses the
noise policy of the General Plan. The project has been conditioned to require that all
dwelling units be designed to preclude interior noise levels in excess of 45 dBA and
exterior noise exposure over 60 dBA for all outside habitable areas.
i) Scenic Highwav
The project site is located adjacent to designated scenic highways (Olympic
Parkway). The project will be developed in compliance with Section 8 of the Land
Use Element of the Chula Vista General Plan.
j) Bicvcle Routes
Although no designated regional off-street bicycle routes are included as components
of the internal circulation network, bicyclists will be readily able to share the internal
streets with motor vehicles due to low traffic volume and limited speeds allowed.
Bicycle route segments to connect to regional systems have been incorporated as
prescribed by the Circulation Element of the General Plan. On-street bike lanes are
included on the adjacent arterial highways. The bike lanes will be paved components
of the street systems indicated.
k) Public Buildings
No public buildings are proposed on the project site. The project is subject to RCT
fees prior to issuance of building permits.
B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has
considered the effect of this proposal on the housing needs of the region and has balanced
those needs against the public service needs of the residents of the City and the available
fiscal and environmental resources.
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C. The configuration, orientation and topography of the site partially allows for the optimum
setting of lots for passive or natural heating and cooling opportunities as required by
Government Code Section 66473.1.
D. The site is physically suited for residential development and the proposal conforms to all
standards established by the City for such project.
E. The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extend to the impact created
by the proposed development.
BE IT FURTHER RESOLVED that the City Council does hereby approve the Project
subject to the general and special conditions set forth below.
VII. GENERAL CONDITIONS OF APPROVAL
A. Project Site is Improved with Project
Developer, or their successors in interest, shall improve the Project Site with the Project
as described in the Tentative Subdivision Map, Chula Vista Tract 04-01, Final
Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning
Program (FSEIR 97-04) and associated Mitigation Monitoring and Reporting Program
and Addendum to FSEIR 97-04 for the EastLake Land Swap Residential project (IS-03-
009), except as modified by this Resolution.
B. Implement Mitigation Measures
Developer shall diligently implement, or cause the implementation of all mitigation
measures pertaining to the Project identified in the Final Subsequent Environmental
Impact Report for the EastLake Trails/Greens Replanning Program (FSEIR 97-04) and
associated Mitigation Monitoring and Reporting Program. Any such measures not
satisfied by a specific condition of this Resolution or by the project design shall be
implemented to the satisfaction of the Director of Planning & Building and
Environmental Review Coordinator. Mitigation Measures shall be monitored via the
Mitigation Monitoring Program approved in conjunction with FSEIR 97-04.
Modification of the sequence shall be at the discretion of the Director of Planning &
Building should changes in the circumstances warrant such revision.
C. Implement Public Facilities Financing Plan
Developer shall install public facilities in accordance with the EastLake Greens Public
Facilities Financing Plan, as amended or as required by the Director of Engineering, to
meet the threshold standards adopted by the City of Chula Vista. The Director of
Engineering and Planning & Building Director may, at their discretion, modify the
sequence of improvement construction should conditions change to warrant such a
reVISIOn.
D. Design Consistency
The Developer shall develop the lots in accordance with the EastLake II Planned
Community District Regulations and Design Guidelines Supplement for "Land Swap"
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area of EastLake Greens and in accordance with DRC 03-81 approved by the Design
Review Committee on November 17, 2003.
E. The conditions herein imposed on the grant of the permit or other entitlement herein
contained is approximately proportional both to nature and extent of impact created by
the proposed development.
VIII. SPECIAL CONDITIONS OF APPROVAL
Unless otherwise specified, all conditions and code requirements listed below shall be
fully completed to the City's satisfaction prior to approval of each final map.
GENERAL/PRELIMINARY
I. All of the terms, covenants and conditions contained herein shall be binding upon and inure
to the benefit of the heirs, successors, assigns and representatives of the Developer as to any
or all of the property. (Engineering, Planning & Building)
2. Developer shall, comply, remain in compliance and implement, the terms, conditions and
provisions, as are applicable to the property which is the subject matter of this Tentative Map,
of I) amended EastLake II General Development Plan (GDP) approved by City Council by
Resolution No 2002-64 on July 23, 2002; 2) EastLake II Sectional Plarming Area (SPA) Plan
approved by City Council Resolution No 2202-151 on May 7, 2002; 3) EastLake Greens
Neighborhood Plan, Design Guidelines Supplement for "Land Swap" area of EastLake
Greens, and EastLake Greens and "Land Swap Supplemental Public Facilities Financing Plan
all adopted by Resolution 19275 on March 24, 1998; 4) Final Subsequent Environmental
Impact Report (EIR) for the EastLake Trails/Greens Replanning Program (FSEIR 97-04) and
associated Mitigation Monitoring and Reporting Program certified on November 24, 1998; 5)
Addendum to FSEIR 97-04 for the EastLake Land Swap Residential Project (IS-03-009); 6)
amcnded EastLake Comprehensive Affordable Housing Program adopted by City Council
Resolution 2001-220 on July 17,2001; and 7) the amended EastLake II Planned Community
District Regulations and Land Use Map approved by City Council Ordinance 2863 on
August 6, 2002; and 8) Chula Vista Tract Map 03-04 by City Council Resolution 2003-1410n
April 8, 2003; and 9) DRC 03-81 approved by the Design Review Committee on November
17,2003. The Developer shall enter into an agreement with the City, providing the City with
such security (including recordation of covenants running with the land) and implementation
procedures as the City may require to comply with the above regulatory documents. Said
Agreement shall also ensure that, after approval of the final map, the developer will continue
to comply, remain in compliance, and implement such Plans. (Planning & Building)
3. If Developer desires to do certain work on the property after approval of the tentative map,
but prior to recordation of the applicable final map, he may do so by obtaining the required
approvals and permits from the City. The permits can be approved or denied by the City in
accordance with the City's Municipal Code, regulations and policies. Said permits do not
constitute a guarantee that subsequent submittals (i.e., final map and improvement plans) will
be approved. All work performed by the Developer prior to approval of the applicable Final
map shall be at Developer's own risk. Prior to issuance of grading and/or construction permit,
the Developer shall acknowledge in writing that subsequent submittals (i.e., final map,
improvemcnt plans) may reljuire extensive changes, at Developers cost, to work done undcr
such carly permit. Prior to the issuance of a permit, the Developer shall post a bond or other
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Resolution xxxxx
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security acceptable to the City in an amount determined by the City to guarantee the
rehabilitation of the land if the applicable final map does not record. (Engineering)
4. If any of the terms, covenants or conditions contained herein shall fail to occur, or if they are,
by their terms, to be implemented and maintained over time, and if any of such conditions
fail to be so implemented and maintained according to their terms, the City shall have the
right to revoke or modify all approvals herein granted, including issuance of building
permits; deny, or further condition the subsequent approvals that are derived from the
approvals herein granted; and institute and prosecute litigation to compel their compliance
with said conditions or seek damages for their violation. The Developer shall be notified 10
days in advance prior to any of the above actions being taken by the City and shall be given
the opportunity to remedy any deficiencies identified by the City within a reasonable and
diligent time frame. (Engineering, Planning & Building)
5. Prior to approval of each final map, Developer shall agree to indemnify, protect, defend and
hold the City harmless from and against any and all claims, liabilities and costs, including
Attorney's fees, arising from challenges to the Environmental Impact Report for the Project,
and any or all entitlements and approvals issued by the City in connection with the Project.
(Engineering, Environmental, Planning & Building)
6. Any and all agreements that the Developer is required to enter into hereunder shall be in a
form approved by the City Attorney. (City Attorney)
7. The subsequent development of a multiple-family lot, which does not require the filing of a
subsequent final map, shall meet, prior to issuance of a building permit for that lot, all the
applicable conditions of approval of the tentative map, as determined by the Director of
Engineering and Director of Planning & Building. (Planning & Building, Engineering)
8. Unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee
title. Where an easement is required, the Developer shall be required to provide
subordination of any prior lien holders in order to ensure that the City has a first priority
interest in such land unless otherwise excused by the City. Where fee title is granted or
dedicated to the City, said fee title shall be free and clear of all encumbrances, unless
otherwise excused by the City.
9. Applicant shall submit and obtain approval by the City of a Master Final Map ("Master Final
Map") containing the entire Project's area. Said Master Final Map shall also show public and
private easements required to serve the lots created by said map to the satisfaction of the
Director of Planning & Building and the Director of Engineering.
ENVIRONMENT AL/PRESER V A TION
10. Prior to approval of the Master Final Map, the Developer shall enter into a supplemental
subdivision agreement to implement, to the satisfaction of the Director of Planning &
Building, all applicable mitigation measures identified in FSEIR 97-04, the associated CEQA
Findings of Fact and Mitigation Monitoring and Reporting Program and all addendum
thereto in accordance with the requirements, provisions and schedules contained therein, and
as further specified in these Tentative Map conditions. Modification of the sequence of
mitigation shall be at the discretion of the Director of Planning & Building should changes in
circumstances warrant such a revision. If any permits are required to be obtained by
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Developer as set forth herein, Developer shall obtain said permits with applicable agencies in
consultation with the City. (Engineering/Planning)
11. Implement, or cause the implementation of all mitigation measures pertaining to the Project
identified in FSEIR 97-04, the associated CEQA Findings of Fact and Mitigation Monitoring
and Reporting Program. Any such measures not satisfied by a specific condition of this
Resolution or by the project design shall be implemented to the satisfaction of the Director of
Planning & Building. Mitigation Measures shall be monitored via the Mitigation Monitoring
and Reporting Program approved in conjunction with FSEIR 97-04. Modification of the
sequence of mitigation shall be at the discretion of the Director of Planning & Building
should changes in the circumstances warrant such revision. (Planning & Building)
SUBDIVISION DESIGN
12. Install all street trees in accordance with Section 18.32 of the Chula Vista Municipal Code,
the City' s Landscape Manual and approved cross-sections in the EastLake Greens
Neighborhood plan; or as otherwise approved by the Director of Planning & Building,
Director of General Services and Director of Public Works Operations. Developer agrees to
provide any and all special installation conditions as requested by the Director of Parks &
Building Construction for those trees identified in the SPA as having special installation
conditions. Street trees shall be shown on street landscape and irrigation plans submitted for
approval by the Director of Parks & Building Construction and the Director of Public Works
Operations prior to, or concurrent with the second submittal of street improvement plans
within the subdivision. Approval of the street tree improvement plans shall constitute final
approval of the species selection of street trees. Location of trees and planters shall be
contingent upon the location of street signs. Under no circumstance shall a tree or shrub
block the visibility of any street sign, regulatory, warning or guide traffic signs. (Planning &
Building, General Services. Public Works)
13. Prior to the issuance of each rough grading permit proposing to grade individual lots and
public streets for the Project, submit a study showing that all curb returns for any intersection
in excess of 4% grade, located within the permit boundaries, and all driveways, comply with
ADA standards at the front and back of sidewalks to the satisfaction of the Director of
Engineering. (Engineering)
STREETS, RIGHTS-OF-WAY AND PUBLIC IMPROVEMENTS
14. Prior to approval of the Master Final Map for the Project, Developer shall construct and
secure, in accordance with Chapter 18.16 of the Municipal Code, full gravity sewer
improvements deemed necessary by the Director of Engineering to: I) complete the gravity
sewer system within that portion of Eastlake Parkway extending from station 52+84.01 to
88+75.84 (near EastLake Greens R-26 project), and 2) provide sewer service to the proposed
Proj ect.
If improvement plans have been approved by the City, the amount of the security for the
above noted improvements shall be I 10% of the construction cost estimate approved by the
Director of Engineering. If improvement plans are being processed, 150% of approved cost
estimate. Or, if improvement plans are not being processed by the City, 200% of construction
cost estimate approved by the Director of Engineering. A lesser percentage may be required
/
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if it is demonstrated, to the satisfaction of the Director of Engineering, that sufficient data or
other information is available to warrant such reduction. (Engineering)
15. Design all street vertical and horizontal curves and intersection sight distances to conform to
the CalTrans' Highway Design Manual and City Standards. All streets, which intersect other
streets at or near a horizontal or vertical curve, shall meet intersection design sight distance
requirements in accordance with City Standards. When a conflict between the CalTrans
Highway Design Manual and adopted City standards exists, the adopted City standards shall
prevail. Lighted sag vertical curves will be permitted at intersections per AASHTO
standards and with approval of the Director of Engineering. (Engineering)
16. Developer shall demonstrate on the Master Final Map for the Project that all lots created by
said map have been provided private and/or public easements which ensure I) legal access to
an approved public street, and 2) the ability to connect to public utilities.
17. Provide security in accordance with chapter 18.16 of the Municipal Code, for all public
facilities within the subdivision boundary or off-site, deemed necessary by the Director of
Engineering to provide service to the subject subdivision, in accordance with Chula Vista
Design standards, Chula Vista Streets Standards, ChuJa Vista Subdivision, and approved
Tentative Map, unless otherwise approved by the Director of Engineering. If improvement
plans have been approved by the city, the amount of the security for the above noted
improvements shall be 110% of the construction cost estimate approved by the Director of
Engineering. If improvement plans are being processed, 150% of approved cost estimate.
Or, if improvement plans are not being processed by the City, 200% of construction cost
estimate approved by the Director of Engineering. A lesser percentage may be required if it
is demonstrated, to the satisfaction of the Director of Engineering, that sufficient data or
other information is available to warrant such reduction. (Engineering)
18. Prior to approval of the Master Final Map, Developer shall construct and secure, in
accordance with Chapter 18.6 of the Municipal Code and City policy, all public and private
improvements within the Common Private Street (the main street connecting the proposed
Project's access points at Eastlake Parkway and Olympic Parkway) to the satisfaction of the
Director of Engineering.
19. Construct sidewalks and pedestrian ramps on all walkways to comply with the "Americans
with Disabilities Act" (ADA) standards, as approved by the Director of Engineering. In the
cvent the Federal Government adopts new ADA standards for street rights-of-way, which are
in conflict with the standards and approvals for the Project, all such approvals conflicting
with those new standards shall be updated to reflect the new standards. Unless otherwise
required by federal law, City ADA standards may be considered vested, as determined by
federal regulations, once construction has commenced. (Engineering)
20. Prior to approval of the Master Final Map for the Project as to facilities 1,2 & 3, Developer
shall: 1) entcr into an agreement to locate, align, design and construct, and 2) provide
security by means of a cash bond or any other security, all as approved by the Director of
Planning & Building which shall remain in full force and effect until the facilities, as set
forth bclow, are constructed:
Facilitv #1: Construction of a 5-foot wide pedestrian trail !Tom north of Olympic Parkway to
Eastlake Parkway, to the satisfaction of the Director of Planning & Building. The final
alignment shall be contained within a public easement as approved by the Director of
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Planning & Building. Developer shall complete construction no later than the issuance of the
300th cumulative building permit for the Project or at a later date as approved by the Director
of Planning & Building in his/her sole discretion.
Facilitv #2: Construct, in conjunction with the construction of facility 1, three 6-foot wide
trail connections to the pedestrian trail (Facility "I") in compliance with DRC 03-81 to the
satisfaction ofthe Director of Planning & Building.
Facilitv #3: Construction of a 6-foot wide trail connection from Facility #1 to Sunsetview
neighborhood Park P-3 and contained within a public easement to the satisfaction of the
Director of Plannin*, & Building. Developer shall complete construction no later than the
issuance of the 300 building permit for the Project, or at a later date as approved by the
Director of Planning & Building at his/her sole discretion. (Engineering, Planning &
Building)
21. Prior to approval of the Master Final Map for the Project, the Developer shall enter into an
agreement to secure and construct four permanent traffic count stations, as indicated below:
General Location
EastLake Parkway
Olympic Parkway
Number of traffic count stations
2 stations
2 stations
The traffic count stations shall be installed at such specific locations and in strict conformity to
plans and specifications approved by the Director of Engineering. The Director of Engineering
may, at his/her sole discretion, waive the requirement to construct said traffic count stations if
Developer agrees to provide a cash payment in the amount deemed necessary by the Director of
Engineering, to complete the construction of said stations by the City or its designee.
GRADING AND DRAINAGE
22. Drainage shall be collected in an inlet and carried to the bottom of any slope in an
underground storm drain, if the slope is over 10 feet in height and steeper than 4: I.
(Engineering)
23. Prior to approval of grading plans, demonstrate the adequacy of existing downstream
drainage runoff facilities or include, in the grading plans, the construction of detention
facilities, to ensure that the maximum allowable discharges after development do not exceed
the capacity of any existing downstream facilities, all to the satisfaction of the Director of
Engineering. The developer shall provide for the future maintenance of the detention basin
facilities through the establishment of a Master Homeowners Association, or other funding
mechanism as approved by the City. (Engineering)
24. Construct energy dissipaters at all storm drain outlets, as required by the Director of
Engineering to maintain non-erosive flow velocities. (Engineering)
25. Submit to and obtain approval from the Director of Engineering and Director of Parks &
Building Construction of an erosion and sedimentation control plan as part of grading plans.
(Engineering, Parks & Building Constnlction)
26. Locate lot lines at the top of slopes except as shown on the Tentative Map or as approved by
the Director of Engineering and Director of Planning & Building. Lots shall be so graded as
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Resolution xxxxx
Page I I
to drain to the street or an approved drainage system. Drainage shall not be permitted to flow
over slopes or onto adjacent property. (Engineering, Planning & Building)
27. Design and construct all grading and pad elevations to be within 3 feet of the grades and
elevations shown on the approved Tentative Map or as otherwise approved by the Director of
Engineering and Director of Planning & Building. (Engineering, Planning & Building)
28. Obtain and submit to City staff notarized letters of permission for all off-site grading work
prior to issuance of grading permit for work requiring said off-site grading. (Engineering)
29. Provide a minimum of 3 feet of flat ground access from the face of any wall to the beginning
of the slope rounding for wall maintenance, unless otherwise approved for HOA slopes by
the Director of Engineering. (Engineering)
30. Provide a setback, as determined by the Director of Engineering based on Soil Engineer
recommendations, between the property lines of the proposed lots and the top or toe of any
slope to be constructed where the proposed grading adjoins undeveloped property or property
owned by others. The Director of Engineering shall not approve the creation of any lot that
does not meet the required setback. (Engineering)
3 I. Design and construct the inclination of each cut or fill surface, resulting in a slope, to not be
steeper than 2: I (two horizontal to one vertical), except for minor slopes as herein defined.
All constructed minor slopes shall be designed for proper stability considering both
geological and soil properties. A minor slope may be constructed no steeper than one and
one-half horizontal to one vertical (1.5:1) contingent upon:
a. Submittal and approval of reports by both a soils engineer and a certified engineering
geologist containing the results of surface and sub-surface exploration, and analysis.
These results should be sufficient for the soils engineer and engineering geologist to
certify that in their professional opinion, the underlying bedrock and soil supporting the
slope have strength characteristics sufficient to provide a stable slope and will not pose a
danger to persons of property.
b. The installation of an approved slope planting program and irrigation system.
c. "Minor Slope" is defined as a slope 4 feet or less in vertical dimension in either cut or
fills, between single-family lots and not parallel to any roadway. (Engineering)
32. Construct temporary desilting basins at all discharge points adjacent to drainage courses or
where substantial drainage alteration is proposed in the grading plan. The exact design and
location of such facilities shall be based on hydrological modeling, and determined pursuant
to direction by the Director of Engineering. (Engineering)
33. Prior to approval of the Master Final Map for the Project, Developer shall enter into an
agreement with the City where Developer agrees not to protest the formation of a facilities
benefit district or any other funding mechanism approved by the City to finance the
operation, maintenance, inspection, and monitoring ofNPDES facilities. This agreement to
not protest shall not be deemed a waiver of the right to challenge the amount of any
assessment, which may be imposed due to the addition of these improvements and shall not
interfere with the right of any person to vote in a secret ballot election. The above noted
agreement shall run with the entire land contained within the Project. (Engineering)
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34. Prior to issuance of grading permits, Developer shall demonstrate that the grading plans are
in substantial compliance with the grading outlined in the Tentative Map. (Engineering,
Planning & Building)
35. The Development shall comply with all applicable regulations established by the United
States Environmental Protection Agency (USEP A), as set forth in the National Pollutant
Discharge Elimination System (NPDES), permit requirements for urban runoff and storm
water discharge, the Clean Water Act, and any regulations adopted by the City of Chula
Vista, pursuant to the NPDES regulations or requirements. Further, the Developer shall file a
Notice of Intent with the State Water Resources Control Board to obtain coverage under the
NPDES General Permit for Storm Water Discharges Associated with Construction Activity
and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the
commencement of grading activities. The SWPPP shall include both construction and post
construction pollution prevention and pollution control measures and shall identify funding
mechanisms for post construction control measures. The developer shall comply with all the
provisions of the NPDES and the Clean Water Program during and after all phases of the
development process, including, but not limited to, mass grading, rough grading, construction
of street and landscaping improvements, and construction of dwelling units. The Developer
shall design the Project storm drains and other drainage facilities to include Best
Management Practices to minimize non-point source pollution, to the satisfaction of the
Director of Engineering. (Engineering)
36. Developer shall comply with all of the applicable provIsIOns of the Storm Water
Management and Discharge Control Ordinance (Chapter 14.20 of the Chula Vista Municipal
Code), the Development and Redevelopment Project Storm Water Management Standard
Requirements Manual (approved by Council Resolution 2002-475), and the City of Chula
Vista Standard Urban Storm Water Mitigation Plan to the satisfaction of the Director of
Engineering.
37. Prior to approval of the Master Final Map within the Project Developer shall enter into a
maintenance agreement with the City, where Developer agrees to operate and maintain in
perpetuity all private permanent BMPs deemed necessary by the Director of Engineering to
provide service to the Project. Developer shall submit upon the City's request, and obtain
approval from the Director of Engineering of a maintenance program for the proposed
permanent BMP's. The maintenance program shall include, but not be limited to: I) a
manual describing the maintenance activities of said facilities, 2) an estimate of the cost of
such maintenance activities, and 3) a funding mechanism for financing the maintenance
program. (Engineering)
38. Prior to approval of each grading, construction, and building permits for the Project,
Developer shall demonstrate, to the satisfaction of the Director of Engineering, compliance
with all the applicable requirements of the approved "The Summit at Eastlake Preliminary
Water Quality Technical Report" prepared by SB&O Inc dated October 3, 2003..
SEWER
39. Design all public sewers in accordance with the following requirements:
Ie;
Resolution xxxxx
Page 13
a. Access points (manholes) to be located at centerline of strect, cul-de-sac center, or at the
center of a travel lane, unless otherwise approved by the Director of Engineering.
(Engineering)
b. Provide improved all-weather paved access to all sewer manholes to withstand H-20
wheel load or other loading as approved by the Director of Engineering. (Engineering)
c. Sewer access points (manholes) shall not be located on slopes or in inaccessible areas for
maintenance equipment. (Engineering)
d. Provide sewer manholes at all changes of alignment of grade, unless otherwise approved
by the Director of Engineering. Sewers serving 10 or less equivalent dwelling units shall
have a minimum grade of I %. (Engineering)
e. All PCC paved sewer maintenance access roads shall be 6 inches in thickness and
contain #4 reinforcement bars at 18 inches on center each way to prevent differential
displacement between concrete panels. (Engineering)
f. Sewer main pipes shall not run parallel and under slopes greater than S: I unless
otherwise approved by Director of Engineering. (Engineering)
g. Sewer lines, which are greater than 20 feet in depth, shall use C-900 or C-90S class pipe,
as approved by the Director of Engineering. (Engineering)
h. Sewer connections to public systems along EastIake Parkway and Olympic Parkway shall
be designed and constructed to the satisfaction of the Director of Engineering including
all-weather paved access that can withstand H-20 wheel loads. Upon request of the
Director of Engineering, Developer shall relocate any utilities and facilities required to
provide said access and connection. (Engineering)
WATER
40. Prior to approval of the Master Final Map, present verification to the Director of Engineering
in the form of a letter from Otay Water District indicating that the assessments/bonded
indebtedness for all parcels dedicated or granted in fee to the City have been paid, or that no
assessments/bonded indebtedness exist on the parcel(s). (Engineering)
4 I. Prior to approval of the Master Final Map, present verification to the Director of Engineering
in the form of a letter from Otay Water District that the subdivision will be provided
adequate water service and long-term water storage facilities. The Developer shall phase and
install water system improvements as required by the Otay Water District. (Engineering,
Planning & Building)
42. Prior to approval of the Master Final Map, the Applicant shall present verification to the
Director of Engineering in the form of a letter from Otay Water District that Otay Water
District is able to provide sufficient water supply pursuant to Section 66473.7 of the
California Government Code, as may be amended from time to time.
;:)0
Resolution xxxxx
Page 14
AGREEMENTS/FINANCIAL
43. Prior to the Master Final Map for the project, enter into a supplemental agreement with the
City wherein the Developer agrees as follows:
a. That the City may withhold building permits for the subject subdivision if anyone of the
following occurs:
1. Regional development threshold limits set by the City, have been reached or in order
to have the Project comply with the Growth Management Program as may be
amended from time to time.
11. Traffic volumes, levels of service, public utilities and/or services either exceed the
adopted City threshold standards or fail to comply with then effective Growth
Management Ordinance, and Growth Management Program and any amendments
thereto. Public utilities shall include, but not be limited to, air quality, drainage,
sewer and water.
iii. The required public facilities, as identified in the PFFP, or as amended or otherwise
conditioned have not been completed or constructed to the satisfaction of the City.
The Developer may propose changes in the timing and sequencing of development
and the construction of improvements affected. In such case, the PFFP may be
amended, as approved by the City's Director of Planning & Building and the Director
of Engineering. (Engineering, Planning & Building)
b. Defend, indemnify and hold harmless the City and its agents, officers and employees,
from any claim, action or proceeding against the City, or its agents, officers or
employees, to attack, set aside, void or annul any approval by the City including approval
by its Planning Commission, City Councilor any approval by its agents, officers, or
employees with regard to this subdivision pursuant to Section 66499.37 of the State Map
Act; provided the City promptly notifies the subdivider of any claim, action or
proceeding, and on the further condition that the City fully cooperates in the defense.
(Engineering, Planning & Building)
c. Permit all cable television companies franchised by the City of Chula Vista equal
opportunity to place conduit and provide cable television service for each lot or unit
within the final map area. Developer further agrees to grant, by license or easement, and
for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to
cable television conduit within the properties situated within the final map only to those
cable television companies franchised by the City of Chula Vista, the condition of such
grant being that: I) such access is coordinated with Developer's construction schedule so
that it does not delay or impede Developer's construction schedule and does not require
the trenches to be reopened to accommodate that placement of such conduits; and 2) any
such cable company is and remains in compliance with, and promises to remain in
compliance with the terms and conditions of the franchise and with all other rules,
regulations, ordinances and procedures regulating and affecting the operation of cable
,;)(
Resolution xxxxx
Page 15
television companies as same may have been, or may from time to time be, issued by the
City of Chula Vista. Developer hereby conveys to the City of Chula Vista the authority
to enforce said covenant by such remedies as the City determines appropriate, including
revocation of said grant upon determination by the City of Chula Vista that they have
violated the conditions of grant. (Engineering, Planning & Building)
d. That the City may withhold the issuance of building permits for the Project, should the
Developer be determined by the City to be in breach of any of the terms of the Tentative
Map Conditions or any Supplemental Agreement. The City shall provide the Developer
of notice of such determination and allow the Developer reasonable time to cure said
breach. (Engineering, Planning & Building)
e. Hold the City harmless from any liability for erosion, siltation or increase flow of
drainage resulting from this project. (Engineering, Planning & Building)
f. Participate, on a fair share basis, in any deficiency plan or financial program adopted by
SANDAG to comply with the Congestion Management Program (CMP). (Engineering)
g. To not protest the formation of any future regional impact fee program or facilities
benefit district to finance the construction of regional facilities. This agreement not to
protest shall not be deemed a waiver of the right to challenge the amount of any
assessment which may be imposed due to the addition of these new facilities and shall
not interfere with the right of any person to vote in a secret ballot election.
h. Indemnify, and hold harmless the City, its elected and appointed officers and employees,
from and against all fines, costs, and expenses arising out of non-compliance with the
requirements of the NPDES regulations, in connection with the execution of any
construction and/or grading work for the Project, whether the non-compliance results
from any action by the Developer, any agent or employee, subcontractors, or others. The
Developer's indemnification shall include any and all costs, expenses, attorney's fees and
liability incurred by the City. (Engineering)
44. Prior to approval of the Master Final Map, the Developer shall comply with all previous
agreements as they pertain to the Master Final Map area. (Engineering. Planning & Building)
45. Prior to approval of the Master Final Map, the Developer shall provide evidence, satisfactory
to the Director of Planning & Building, that the school districts are satisfied. (Planning &
Building)
46. The Developer shall implement the final Air Quality Improvement Plan ,(AQIP) measures as
approved by the City Council, and as may be amended from time to time, and to comply and
remain in compliance with the AQIP. (Planning)
47. The Developer acknowledges that the City Council may, from time-to-time, modify air
quality improvement and energy conservation measures related to new development as
various technologies and/or programs change or become available. The Developer shall
modify the AQIP to incorporate those new measures, which are in effect at the time, prior to
;)c~
Resolution xxxxx
Page 16
or concurrent with the Master Final Map approval within the Project. The new measures
shall apply, as applicable, to development within all future final map areas, but shall not be
retroactive to those areas, which receive Final map approval prior to effect of the subject new
measures. (Planning)
48. The Developer acknowledges that the City Council may, from time-to-time, modify water
conservation measures related to new development as various technologies and/or programs
change or become available. The Developer shall be required to modify the Water
Conservation Plan to incorporate those new measures, which are in effect at the time, prior to
or concurrent with the Master Final Map approval within the Project. The new measures
shall apply to development within all future final map areas, but shall not be retroactive to
those areas, which received final map approval prior to effect of the subject measures.
(Planning)
49. Prior to approval of the Master Final Map, the Developer shall be required to submit a
detailed acoustical analysis to the satisfaction of the Environmental Review Coordinator and
prepared by a qualified acoustical consultant that demonstrates that the building structures
are adequately designed such that second-floor interior noise levels, due to exterior sources,
will be at or below the 45 CNEL interior standard. Where exterior noise levels exceed 65
CNEL, additional measures shall be required to attenuate interior noise to the 45 CNEL
standard in compliance with the noise mitigation measures required in the FSEIR 97-04 and
associated Mitigation Monitoring and Reporting Program. (Environmental. Planning &
Building)
OPEN SPACE/ASSESSMENTS
50. Conform to the design elements of the City's Landscape Manual for all landscaping, which
falls within the maintenance responsibility of the open space District. (Parks & Building
Construction)
5 I. Prior to approval of the Master Final Map for the Project, developer shall enter into a
maintenance and grant of easements agreement with the City to provide for the maintenance
of landscaping and improvements maintained by a Homeowners Association within City
right-of-way or such other public areas required by the City. (Engineering, Parks & Building
Construction)
EASEMENTS
52. Grant on the Master Final Map 15 foot wide easements (minimum) to the City of Chula Vista
as required by the Director of Engineering for construction and maintenance of sewer
facilities. (Engineering)
53. Notify the City, at least 60 days prior to consideration of the approval of the applicable final
map by City Council, if off-site right-of-way and easements cannot be obtained as required
by these conditions. (Only off-site right-of-way or easements affected by Section 66462.5 of
the Subdivision Map Act are covered by this condition.) After said notification, the developer
shall:
a. Pay the full cost of acquiring off-site right-of-way or easements required by the
Conditions of Approval of the Tentative Map.
u.23
Resolution xxxxx
Page 17
b. Deposit with the City the estimated cost of acquiring said right-of-way or easements.
Said estimate is subject to the approval of the Director of Engineering.
c. Have all right-of-way and/or easement documents and plats prepared and appraisals
complete, as necessary to commence condemnation of proceeding, and as determined by
the Director of Engineering.
d. Request that the City use its powers of Eminent Domain to acquire right-of-way,
easements or licenses needed for off-site improvements, or work related to the final map.
The Developer shall pay all costs, both direct and indirect, incurred in said acquisition.
Items a, b and c above shall be accomplished prior to the approval of the applicable final map.
(Engineering)
54. Grant on the Master Final Map a 20-foot minimum sewer and access easement for sewer
lines located between residential units, unless otherwise required by the Director of
Engineering. All other easements shall meet City standards for required width.
(Engineering)
MISCELLANEOUS
55. Prior to approval of any tentative and final map, submit copies of the map in a digital format.
The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone
6). The digital file shall combine all map sheets into a single CADD drawing, in DXF, DWG
or Arc View (GIS) format and shall contain the following individual layers:
Subdivision Boundary (closed polygons)
Lot Lines (closed polygons)
Street Centerlines (polygons)
Easements (polylines)
Street names (annotation)
Lot Numbers (annotation)
The digital file shall be submitted in accordance with the City Guidelines for Digital Submittal
on 3W' disks CDs, or as an e-mail attachment or as otherwise approved by the Director of
Engineering. (Engineering)
56. Prior to approval of each grading, improvement and landscaping plan, submit copies of the
respective grading, improvement, and landscape plans in digital format. The drawing
projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The
digital files shall combine all sheets into a single CADD drawing for each set of plans, in
DXF, DWG or Arc View (GIS) format. The digital file shall be submitted in accordance with
the City Guidelines for Digital Submittal on 3Yz" disks CDs, or as an e-mail attachment or as
otherwise approved by the Director of Engineering. (Engineering, Planning & Building)
57. Prior to approval of the Master Final Map, Developer shall enter into an agreement to
construct and secure to the satisfaction of the City Engineer, the following:
-2Y
Resolution xxxxx
Page 18
a. For horizontal control, a 'B' order (I st order) GPS monument per City of Chula Vista
Subdivision Manual Section 2-302.1.
b. For vertical control, a benchmark per City of Chula Vista Subdivision Manual Section 2-
302.3.
.;2<;
Resolution xxxxx
Page 19
FIRE AND BRUSH MANAGEMENT
58. Provide fire hydrants every 500 ft. for single-family residential units and every 300 feet for
multi-family residential units. All hydrants shall be operable prior to delivery of combustible
building materials, and minimum 20 feet wide, all-weather fire access roads shall also be
provided or an acceptable alternative approved by the Fire Marshall and in compliance with
the UFC. (Fire)
59. Prior to issuance of the first building permit, provide a 20-foot wide hard surface and
required fire hydrant with required water pressure to the satisfaction of the Fire Marshal.
(Fire)
60. Prior to delivery of combustible materials on any construction site, applicant shall, at a
minimum, provide for adequate water supply, vehicular access and temporary street signs.
Said access shall consist of minimum of first layer of hard surface with a minimum standard
width of 20 feet with temporary roads allowed on a case-by-case basis. All vehicular access
must be approved by the Director of Engineering. (Fire)
CODE REQUIREMENTS
61. Comply with all applicable sections of the Chula Vista Municipal Code including Chapter
15.04 "Grading Ordinance" as amended. Preparation of the Master Final Map and all plans
shall be in accordance with the provisions of the Subdivision Map Act and the City ofChula
Vista Subdivision Ordinance and Subdivision Manual. (Engineering)
62. Underground all utilities within the subdivision in accordance with Municipal Code
requirements to the satisfaction of the Director of Engineering. (Engineering)
63. Comply with all relevant Federal, State, and Local regulations, including the Clean Water
Act. The developer shall be responsible for providing al1 required testing and documentation
to demonstrate said compliance as required by the Director of Engineering. (Engineering)
64. Pay all required fees in the amount in effect at the time such fees are due, including the
following fees, in accordance with the City Code and Council Policy:
The Transportation and Public Facilities Development Impact Fees
Signal Participation Fees
AU applicable sewer fees, including but not limited to sewer connection fees.
Interim SR-125 development impact fee
Poggi Canyon Gravity Sewer Basin DIF
(Engineering, Planning & Building)
GROWTH MANAGEMENT/PUBLIC FACILITIES FINANCING PLAN (PFFP)/ PHASING
65. Developer shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth
Management) as may be amended from time to time by the City. Said chapter includes but is
not limited to: threshold standards (19.09.04), public facilities finance plan implementation
(19.09.090), and public facilities finance plan amendment procedures (19.09.100).
(Engineering. Planning & Building)
d-ft;
Resolution xxxxx
Page 20
66. Install public facilities in accordance with the Land Swap Supplemental Public Facilities
Financing Plan as may be amended from time to time, or as required by the Director of
Engineering to meet threshold standards adopted by the City of Chula Vista. The Director of
Engineering and Director of Planning & Building may, at their discretion, modifY the
sequence of improvement construction should conditions change to warrant such a revision.
(Engineering, Planning & Building)
67. If multiple development phases are proposed for the Project, Developer shall submit and
obtain approval for a development phasing plan by the Department of Engineering and
Director of Planning & Building prior to the issuance of the first building permit within the
Master Final Map. The phasing plan shall include:
a. A site plan showing the lot lines and lot numbers, the phase lines and phase numbers and
number of dwelling units in each sub-phase, and
b. A table showing the subphase number, the lots included in the phase and the number of
units included in each phase.
Improvements, facilities and dedications to be provided with each phase shall be determined
by the Director of Engineering and Director of Planning & Building. The City reserves the
right to require improvements, facilities and/or dedications as necessary to provide adequate
circulation and to meet the requirements of Police and Fire Departments. The Director of
Engineering and Director of Planning & Building may, at their discretion, modify the
sequence of improvements and construction should conditions change to warrant such
revision(s). (Engineering, Planning & Building)
HOMEOWNERS ASSOCIATIONS (HOA)/DECLARATION
CONDITIONS AND RESTRICTIONS CC&Rs)
OF
COVENANTS,
68. Prior to approval of the Master Final Map, Developer shall enter into an agreement to
establish an HOA, or any other financing mechanism acceptable to the City for the Project.
69. Within 90 days of approval of the Master Final Map for the project, the Developer or its
successor in interest shall submit to the City a draft copy of the HOA or other financing
mechanism acceptable to the City for review by the Director of Planning &Building, Director
of Parks and Building Construction and Director of Public Works. Developer shall also
provide to the City satisfactory evidence demonstrating a budget sufficient to provide all
required maintenance. The approved financing mechanism shall establish the responsibilities
for common areas identified in the Maintenance Responsibility Map to be approved prior to
said Master Final Map. The financing mechanism shall include the following:
a. Provisions ensuring the maintenance of all private common facilities located within the
project including, but not be limited to: walls, fences, community theme walls, water
fountains, lighting structures, paths, trails, access roads, drainage structures, water quality
treatment facilities, landscaping, trees, streets, parking lots, driveways, and private
sewage, and water systems. Common facilities are to be identified or labeled in an
exhibit in the CC&Rs. Maintenance shall also be provided for any detention facilities for
the Proj ect.
,:27
Resolution xxxxx
Page 2 I
b. Provisions, which clearly indicate the responsibility of the HOA to water and maintain
irrigation and planting within the public parkways, public easements, and adjacent slope
areas within the entire frontage of EastIake Parkway.
c. Provisions, which clearly indicate the responsibility of the HOA to water and maintain
irrigation and planting within all areas within the project frontage along Olympic
Parkway between the back of trail and top of slope including areas identified on Map
Number 14591 as Lot "A" and Lot "B."
d. Language naming the City ofChula Vista as a party to the CC&Rs, with the authority, but
not the obligation, to enforce the terms and conditions of the CC&Rs in the same manner
as any owner within the HOA. Should the City act to enforce the terms and conditions of
the CC&Rs, all costs associated with such action shall be paid for by the HOA.
e. Before any revisions to provisions of the CC&Rs that may particularly affect the City can
become effective, said revisions shall be subject to the approval of the City. The HOA
shall not seek approval from the City of said revisions without the prior consent of 100
percent of the holders of first mortgages or property owners within the HOA unless
otherwise approved by the Director of Planning & Building.
f. The HOA shall indenmify and hold the City harmless ttom any claims, demands, causes
of action liability or loss related to or arising from the maintenance activities of the HOA.
g. The HOA shall not seek to be released by the City from the maintenance obligations
described herein without the prior consent of the City and 100 percent of the holders of
first mortgages or property owners within the HOA.
h. The HOA is required to procure and maintain a policy of comprehensive general liability
insurance written on a per-occurrence basis in an amount not less than one million dollars
combined single limit. The policy shall be acceptable to the City and name the City as
additionally insured. The policy shall not contain a cross-suit exclusion clause which
would abrogate coverage should litigation ensue between insured's.
1. Language assuring HOA membership in an advance notice service such as the USA Dig
Alert Service in perpetuity.
70. Future property owners shall be notified during escrow by a document to be initialed by the
owners of the maintenance responsibility of the HOA and their estimated annual cost. The
form of said document shall be approved by the Director of Planning & Building and the
Director of Engineering prior to approval of the Master Final Map for the Project.
(Engineering, Planning & Building)
71. Prior to approval of the Master Final Map, Developer shall submit and obtain approval of a
revised Maintenance Responsibility Map for the Project from the Director of Planning &
Building and the Director of Engineering, which shall include delineation of private and
public property. (Planning & Building, Engineering)
..)8
Resolution xxxxx
Page 22
72. Prior to approval of the Master Final Map, pay a fee of $6,750.00 to the City's Department of
Public Works - Transit Division for bus stop improvements near the entrance(s) on Olympic
Parkway and EastLake Parkway.
IX. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny, or further condition issuance of all future building permits,
deny, revoke, or further condition all certificates of occupancy issued under the authority of
approvals herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Resolution.
X, INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in
the event that anyone or more terms, provision, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed
to be automatically revoked and of no further force and effect ab initio.
It is in the public's interest for City to require EastLake to indemnify the City against the
adverse risks and costs of a challenge to City's actions in approving the Tentative
Subdivision Map for EastLake Land Swap Residential, Chula Vista Tract 04-01 and related
discretionary approvals, if any; and
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized
and directed to execute said agreement for and on behalf of the City.
Presented by:
Approved as to form by:
Jim Sandoval
Director of Planning & Building
Ann Moore
City Attorney
~L!
Resolution xxxxx
Page 23
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this _ day of ,2004 by the following vote:
AYES:
Council members:
NAYS:
Council members:
ABSENT:
Council members:
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, City Clerk
ST A TE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the _ day of ,2004.
Executed this _ day of
,2004.
Susan Bigelow, City Clerk
nPlanning\StanD\Eastlake\Land Swap Residential\PCS 04-01 TM Jan. 13, 04\TM2draftConditionsC:C Reso working doc.doc
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LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANT: THE EASTLAKE COMPANY TENTATIVE SUBDIVISION
PROJECT: Northeast comer of Eastlake Parkway
ADDRESS: and Olympic Parkway Request: Proposing Tentative Subdivision Map: 39-
SCALE. FILE NUMBER: lot residential subdivisionl"The Summit at Easllake".
NORTH No Scale PCS-04-01 Related Case(s): DRC-03-81
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& Building
Planning Division
Department
Dcvcloprncrll Processing
CIlY Of
CHUIA VISTA
APPLICATION APPENDIX B
DiSClosure Statement
Pursuant to Coun il Poli y 101-01, prior to any a tion upon matters that will require dis retionary a tion by the Coun iI,
Planning Commission and all other offi ial bodies of the City, a statement of dis losure of ertain ownership or finan ial
interests, payments, or ampaign ontributions for a City of Chula Vista ele tion must be filed. The following information
must be dis losed:
1. List the names of all persons having a Finan ial interest in the property that is the subje t of the appli ation or the
ontra t, e.g., owner, appli ant, ontra tor, sub ontra tor, material supplier.
The EastLake Company, LLC
JG Boswell Land Company
2. If any person' identified pursuant to (1) above is a orporation or partnership, list the names of all individuals with
a $2000 investment in the business ( orporation/partnership) entity. .
JG Boswell
3. If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names of any person
serving as dire tor of the non-profit organization or as trustee or benefi iary or trustor of the trust.
4. Please identify every person, in luding any agents, employees, onsultants, or independent ontra tors you have
assigned to represent you before the City in this matter.
Bill Os trem Randy Safino. SB&O Tnc.
Guy Asaro Bill McKibbin
Curt Smith
5. Has any person' asso iated with this ontra t had any finan ial dealings with an offi ial" of the City of Chula
Vista as it relates to this ontra t within the past 12 months. Yes_ No-x--
If Yes, briefly des ribe the nature of the finan ial interest the offi ial" may have in this ontra t.
6. Have you made a ontribution of more than $250 within the past twelve (12) months to a urrent member of the
Chula Vista City Coun il? No.JL Yes _ If yes, whi h Coun il member?
276 Fourth Avenue
?LG
(hula Vista I California
ATTACHMENT 10
91910
161 'JJ 6Y I-51 01
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Dcvclopmcnl Processing
cnv OF
CHUIA VISTA
APPLICATION APPENDIX B
Dis losure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an offi ial" of the City of Chula Vista in the
past twelve (12) months? (This in ludes being a sour e of in ome, money to retire a legal debt, gift, loan, et .)
Yes_ No---x-
If Yes, whi h offi ial" and what was the nature of item provided?
Date: Augus t 4, 2003
1
Signature of Contra torlA pii ant
-----N t L L , 4-..-, ~ (7)0CI{"",-
type name of Con1ra tor/Appii ant
Print or
,
Person is defined as: any individual, firm, o-partnership, joint venture, asso iation, so ial lub, fratemal
organization, orporation, estate, trust, re eiver, syndi ate, any other ounty, ity, muni ipaiity, distri t, or other
poiiti al subdivision, -or any other group or ombination a ling as a unit.
"
Offi ial in ludes, but is not iimited to: Mayor, Coun il member, Planning Commissioner, Member of a board,
ommission, or ommittee of the City, employee, or staff members.
276 Fourth Avenul'
77
(hula Viqa I California
91Yl0
(61(J) 6'11-.')101