HomeMy WebLinkAboutPlanning Comm Reports /2006/06/14
MEETING OF THE
PLANNING COMMISSION OF THE
CITY OF CHULA VISTA, CALIFORNIA
6:00 p.m.
Wednesday, June 14, 2006
City Hall Council Chambers
276 Fourth Avenue
Chula Vista, CA
CALL TO ORDER:
ROLL CALL I MOTIONS TO EXCUSE:Madrid_ Felber_ Bensoussan_ Nordstrom_ Tripp_
PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
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: PCS 05-06; Consideration of application for the proposed
conversion of the existing 124-unit 307 Orange Avenue
apartment complex to 124 condominium units for individual
ownership. Premier Coastal Development. (Quasi-Judicial),
Project Manager: Oanielle Putnam, Consultant
2. PUBLIC HEARING: FSEIR 05-02; Consideration of the Final Subsequent
Environmental Impact Report for the Eastlake '" Senior Housing
Project. (Legislative)
Project Manager: Marni Borg, Environmental Projects Manager
3. PUBLIC HEARING: Consideration ofthe following applications filed by the Eastlake
Company, for 18.4 acres at the southwest corner of Olympic
Parkway and Wueste Road intersection within the Eastlake '"
Planned Community: (Quasi-Judicial)
a) GPA 05-02; Amendment to the City of Chula Vista General
Plan to change the land use designation from Commercial
Visitor to Residential High (18-27 du/ac).
Planning Commission
- 2 -
June 14, 2006
b) PCM 05-07; Amendments to the Eastlake '" General
Development Plan (GDP), Sectional Planning Area Plan
(SPA) and associated regulatory documents, and Planned
Community District Regulations and land Use Districts Map
(aka "Eastlake Senior Project").
Project Manager: Stan Donn, Associate Planner
4. PUBLIC HEARING: PCS 06-11; Consideration of Tentative Subdivision Map known
as Eastlake '" Senior Housing Project, Chula Vista Tract 06-11
to subdivide approximately 19.6 acres into 2 lots for a
condominium project of 494 units. Pulte Homes. (Quasi-Judicial)
Project Manager: Stan Donn, Associate Planner
DIRECTOR'S REPORT:
COMMISSION COMMENTS:
ADJOURNMENT:
To a joint meeting of the City Council/Planning Commission /
GMOC on June 15, 2006.
PLANNING COMMISSION AGENDA STATEMENT
1
ITEM TITLE:
Item: 'Q
Meeting Date: ~ ~f'll4Q
PUBLIC HEARING: Consideration of application PCS 05-06;
for the proposed conversion of the existing 124-unit 307 Orange
Avenue apartment complex to 124 condominium units for
individual ownership - Premier Coastal Development.
Environmental Status: The Environmental Review Coordinator has reviewed the
proposed project for compliance with the California Environmental Quality Act (CEQA)
and has determined that the project qualifies for a Class 1 (existing facilities) categorical
exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further
environmental review is necessary.
RECOMMENDATION:
Adopt the attached Resolution PCS-05-06, recommending that the City Council approve
the proposed Tentative Map in accordance with the findings and subject to the conditions
contained therein.
DISCUSSION:
Background:
This application for a Tentative Subdivision Map (one-lot condominium map) to convert
a 124-unit apartment complex to 124 condominium units for individual ownership was
originally filed by Westone Management on August 12, 2004. City staff duly informed
the applicant about the project's deficiencies. Westone indicated they would apply for a
variance to address the deficiencies but no solutions or actions were forthcoming for
several months. In December 2004 the current applicant, Premier Coastal Development,
took over processing of the proj ect and subsequently began a series of meetings with City
staff to address issues and deficiencies, project improvements, and revisions. Premier
Coastal ultimately proposed that the project include 41 housing units affordable for
moderate income persons and families. The 3.48-acre project site is located at 307
Orange Avenue (see Attachment A, Locator Map).
The existing apartment complex was constructed in 1985 and consists of 124 apartment
units and common open space. Tentative and Final map approvals are required to create
the one-lot 124-unit condominium map, with final action by the City Council.
Condominium conversion projects in Chula Vista also require Design Review. The
Design Review Committee had a preliminary design review on December 19, 2005 for
the project and directed the Applicant to address the open space deficiency, increase
architectural detailing, and add more landscaping. The Applicant returned to a publicly
Page No.2, Item:_
Meeting Date: 5/10/06
noticed review scheduled on April 17, 2005 where the DRC approved the project 4-0-1,
subject to approval ofthe Tentative Map and associated Affordable Housing Agreement.
The project is an existing non-conforming apartment complex originally approved and
developed under County regulations. As a result, there are some issues regarding
deficiencies in the amount of parking and open space, width of drive aisles, ratio of
compact to regular parking spaces, and one setback along the front property line.
Pursuant to Government Code Section 65915.5 (Attachment J), the Applicant proposes to
provide 41 units of on-site affordable housing for moderate income persons and families
in exchange for concessions from City standards on the parking area, open space, and the
front property line setback. An Affordable Housing Agreement is currently under review
by the City's Housing Department and the City Attorney. Pursuant to CVMC, relief on
the parking area and open space requirements are issues to be decided by the Planning
Commission and City Council).
The project also has a deficiency of 17 cubic feet of storage space for 56 of the units.
Per CVMC section 15.56.070, in considering tentative maps for condominium
development and evaluating the manner in which storage space is provided, the Planning
Commission may recommend and the City Council may approve departures from the
stated standards after review of each proposal.
If the agreement to grant concessions of reduced requirements from City standards in
exchange for providing affordable housing is acceptable to the Planning Commission and
City Council, staff is supportive of the project's approval.
Although no significant exterior structural changes are proposed to the existing project,
the applicant is proposing to upgrade both the interior and exterior of the units, add
community amenities, and refresh the landscaping. Exterior improvements as part of the
proposed condominium conversion include new paint and additional architectural
detailing on the buildings, roof replacement, installing a tot lot and play structure,
repairing and replacing all driveways and walkways where needed, adding carports, and
refreshing and supplementing the landscaping where needed.
Project Site and Setting
The site is a trapezoidal shaped, level, 3.48-acre lot with an existing apartment complex
located at 307 Orange Avenue. The existing uses adjacent to the site are listed in the
table below.
Page No.3, Item:_
Meeting Date: 5/10/06
Table 1: Zoning and Land Use
General Plan Zoning Existing Land Use
Site Residential High R-3-P Apartment
Apartment Complex
Residential
North Single- family, R-I Existing Single
detached Single family Family Homes
residence
East Retail Commercial CC Gasoline service
Central station (BestMart
Commercial Gas & Mini Mart)
South Open Space Mobile Home Park Storm Water
Drainage Channel
West Civic Uses R-2-P Vacant land
adjacent to South
Chula Vista
Library parking
Public Utilities S-94 Vacant / SDG&E
utility corridor
Project Description:
The complex consists of 96 two:-bedroom units and 28 one-bedroom units in a total of
seven buildings. The I-BR/l bath units are 538 SF in size, while 2-BR/l bath units are
710 SF, and 2-BR/2 bath units are 758 SF. The buildings types and number of units each
type contains are summarized below:
Table 2: Building Types and Units
Building Type
No. of Stories
A
B
C
D
2-story
I-story
2-story
2-story
No. of
Buildings
2
2
2
1
No. of
Units/Bldg
24 2-BR
4 2-BR
20 2-BR
28 I-BR
Total No.
of Units
48
8
40
28
Total 124
Page No.4, Item:_
Meeting Date: 5/10/06
No significant exterior structural changes are proposed, however, exterior improvements
include new paint and additional architectural detailing on the buildings, roof
replacement, installing a tot lot and play structure, repairing and replacing all driveways
and walkways where needed, adding carports, and refreshing and supplementing the
landscaping where needed. Interior upgrades include new carpeting and bathroom tiling;
replacement of bathroom cabinets and refinishing tub/shower enclosures; new texture and
paint on all walls and ceilings; washer/dryer in each unit; and all air conditioning units,
lighting fixtures, and electric appliances to be replaced. (Attachment F is a complete list
of the Applicant's proposed interior and exterior improvements.) Storage space for 124
units is proposed in storage cupboards inside new carports. The units are already served
by separate electric meters, while gas, water, and sewer will be the responsibility of the
Homeowners Association.
Table 3: Project Data
REQUIRED PROVIDED
Parking: 63 Open stalls
234 Spaces total 124 Covered stalls (carports)
1.5 spaces /1-BR unit 5 Handicapped spaces
2.0 spaces / 2-BR or more unit 192 Total Spaces
(deficiency of 42 parking spaces)
Lot Coverage: 50 % 41 % (includes carports)
Setbacks:
Front: 15 ft. 8.8 ft. (short by 6.2 ft.)
Exterior Side Yard: 10ft. Not applicable
One Interior Side Yard: 5 ft. Not applicable
Both Interior Side Yards: 10ft. 37 ft.
Rear: 15 ft. 50 ft.
Storage:
150 cu. ft./l-BR unit 176 cu. ft./l- BR unit
200 cu. ft. / 2- BR unit For 40 units, 247 cu. ft./2- BR unit
For 56 units, 183 cu. ft. / 2- BR unit
(deficiency of 17 cu. ft. on 56 2- BR units)
Open Space Requirement: 49,600 SF 46,326 SF
(400 SF per 1 or 2-BR unit x 124 units)
Deficiency = 3,274 SF
Building Height: 28 feet or 2.5 stories 23 feet
ANALYSIS:
Affordable HousiD!! Provision
Page No.5, Item:_
Meeting Date: 5/10/06
Pursuant to Government Code 65915.5, when an applicant for approval to convert
apartments to a condominium project agrees to provide at least 33 percent of the total
units to persons and families of moderate income, the City shall either grant the project a
density bonus or provide other incentives of equivalent financial value. These incentives
do not require monetary compensation but may include the reduction or waiver of
requirements that the City might otherwise apply as conditions of conversion approval.
In exchange for providing 41 units of moderate-income affordable housing, the subject
application's incentives are concessions from the City requirements for the parking area,
open space, and the rront property setback line. This project is conditioned to provide the
stated affordable housing units in exchange for the concessions on City requirements and
also conditioned on the City and the Developer entering into an approved Affordable
Housing Agreement.
Noticinl! Documentation
Pursuant to Section 66452 of the Subdivision Map Act, condominium conversion projects
must satisfy certain noticing requirements. The applicant has completed the tenant noticing
required by the State and by the Municipal Code prior to Tentative Map consideration,
including "Form A", the "60-Day Notice to All Existing Tenants of Intent to convert"; and
"Form B", the "Notice to all Prospective Tenants of Intent to Convert". Table 4 below
identifies the noticing requirements and when existing and prospective tenants should
receive them. The tenants have been aware of the condominium conversion project
proposal since Form A was sent in August of 2003, and will be given notice of having the
first option to purchase a unit. Sample notices provided by the Applicant are attached (see
Attachment E, Noticing Documentation).
Table 4: Noticing Documentation
NOTICE REQUIREMENT
60-day notice to all existing
tenants of intent to convert -
"Form A"*
Notice to all prospective tenants of
intent to convert - "Form B"*
1 O-day notice to all existing
tenants of an application of a
Public Report - "Form C"
lO-day Notice to all existing
HOW LONG & WHEN
60 days prior to filing a
Design Review and
Tentative Map application
with the City
Prior to acceptance of any
rent or deposit from the
prospective tenant
10 days before or after
submittal of the Public
Report to the Department of
Real Estate
Within 10 davs of aDDfoval To
COMPLIANCE
60-day notices were sent
certified mail to existing
tenants during August
2003.
Applicant has submitted a
current tenant list with
copies of signed forms for
all new tenants.
To be determined!
Typically following Final
Map approval
be
determined!
Page No.6, Item:_
Meeting Date: 5/10/06
NOTICE REQUIREMENT HOW LONG & WHEN COMPLIANCE
tenants of Final Map approval - of the Final Map by the City Typically following Final
"Form D" Map approval
Notice to all prospective tenants of Prior to acceptance of any To be determined prior to
option to purchase/termination of rent or deposit from the approval of Final Map
tenancy - "Form E" prospective tenant
90-day Notice to all existing For a period of 90 days after To be determined prior to
tenants of option to issuance of the Public Report approval of Final Map
purchase/termination of tenancy - from the Department of Real
"Form F" Estate
180-day notice to all existing 180 days prior to termination To be determined prior to
tenants of intent to of tenancy approval of Final Map
convert/termination of tenancy -
"Form G"
HomebuverlRelocation Assistance:
A meeting/workshop will be organized by the Applicant, to be held within a week after
approval of the Tentative Map by City Council, to include all tenants; representatives
from the property management company and developer; a mortgage broker; and a
representative from the City of Chula Vista.
The developer will offer to any interested tenant a $5,000 discount on their unit as an
incentive to purchase. The discount will be offered only for those tenants who purchase a
unit at the 307 Orange Avenue project (See Attachment G, Homebuyer and Relocation
Assistance letter). A mortgage broker will be present to help those who wish to purchase
their unit. The broker will hold a workshop on how tenants can pre-qualify for a
mortgage and become homeowners.
The applicant will assist with the relocation of those tenants who prefer not to purchase
their units. Relocation expense assistance of $500.00 will be paid to the tenants five
days in advance of their moving out, and relocation information and assistance to help
secure other rental housing will be provided by the Project's property management
company.
Recent condominium conversions have shown that issues can arise regarding the
particulars of tenant relocation assistance. Staff believes that for this project, all the basic
components are in place; however, further details may be needed. Staff has included a
condition of approval requiring that the applicant work with Staff on these further details
and also provide evidence that the requirements of the home buyer and tenant relocation
assistance program has been satisfied prior to approval of the final map.
Property Condition Assessment Report
Because the apartment complex is more than five years old, the Applicant has prepared a
"Property Condition Assessment Report", which states that the property appears adequately
maintained and is in overall good condition, with some defects noted. Items recommended
Page No.7, Item:_
Meeting Date: 5/1 0/06
for immediate repairs included cracking of the entry drive pavement and adjustments to the
irrigation system's spray pattern. Recommended short term and intermediate term items,
due to aging, included replacement of the roof, air conditioning units, hot water heaters,
and kitchen appliances. The report concluded with the opinion that subject to a continued
program of sustained preventative maintenance, the remaining economic life of the
property should exceed 35 years. The report's recommendations that will upgrade the
property and units (see Attachment H, "Property Condition Assessment Report - Executive
Summary") have been incorporated into the Tentative Map conditions of approval.
Table 5 below lists the existing services utilities within the project and what is proposed
under the Tentative Map.
Table 5: Utilities
UTILITY EXISTING CONDITION PROPOSED CONDITION
Air conditioning Individual electrical-powered Replace with new In each
units. unit.
Heating Individual electrical-powered Replace with new In each
units. uni t.
Water heaters Individual gas water heaters for Replace gas water heaters for
each building (7 total) and each building (7 total);
centralized solar heater (non- remove non-operational solar
operational. ) heater system.
Gas Gas meter for each building (7 HOA
total)
Electric meter Individual meters - central No change proposed.
wiring system.
Water Common HOA
Sewer Common HOA
*Cable Individual unit. No change proposed.
*Telephone Individual unit. No change proposed.
*Not covered in the HOA
The maintenance and monthly payment of the utilities will be addressed in the project's
CC&Rs. The project is conditioned to meet current Fire Code requirements, including
one-hour firewalls, smoke detectors and fire extinguishers, and be inspected and
approved by the Fire Department, and that gutters and downspouts be provided on all
buildings to prevent water stains and mildew on exterior walls.
Municipal Code Requirements:
A condominium conversion project must satisfY certain City requirements including
current zoning, which is R-3-P, the Chula Vista Design Manual, and the Chula Vista
Municipal Code (CVMC) requirements, which include off-street parking, open space,
Page No.8, Item: _
Meeting Date: 5/10/06
and condominium conversion regulations per City ordinance. The following sections
discuss how the project complies with these requirements.
Open Space - Common Open Space:
CVMC Section 19.28.090 requires 400 square feet of common usable open space per 1-
bedroom or 2-bedroom unit; therefore, the project must provide a minimum of 49,600
square feet of open space. The minimum dimension for any area to be considered as
open space is six feet, with a minimum area of 60 square feet. As seen on the Site Plan
(Attachment D), the project provides 46,326 SF of open space, which is a deficiency of
3,274 SF. Although 28 units have private open space in the form of balconies (1,190 SF),
this has not been included in the open space total because the balconies do not meet t,he
City requirements for minimum dimensions and area.
As shown in Table 6 below, open space amenities include 41,186 SF of turf and
landscaped areas, a 2,140 SF tot lot, a 2,400 SF concrete deck area with a swimming pool
(18' x 35'), a 300 SF gym room, and a 300 SF club house/recreation room. The gym
room is being converted from an existing rental office, while the club house/recreation
room is being converted from an existing laundry room. Staff has concerns how these
two separate buildings, with dimensions of 10' by 30', will accommodate the intended
recreation facilities. The Applicant has not provided further information regarding the
internal layout for these recreation facilities.
Private open space totaling 1,190 SF is proposed by the applicant, consisting of an
existing 42.5 square foot balcony for 28 of the units located upstairs. These balconies do
not meet the minimum size standards of the Zoning Ordinance (60 SF for area, 6 feet for
dimension) and therefore are not eligible for inclusion in the open space total. No other
private open space is provided for the remaining 96 units.
Table 6: Project Open Space
REQUIREMENT PROPOSED
49,600 SF 46,326 SF*
400 SF/unit x 124 units Common open space = 46,326 SF
41,186 SF turf and landscaping
2,140 SF tot lot
2,400 SF pool and concrete deck
300 SF gym room
300 SF club house/recreation room
Deficiency = 3,274 SF
Private open space = 1,190 SF**
* Does not include private open space of 1,190 SF.
** Does not meet city requirement for minimum area and dimensions so is not included
in total.
Page No.9, Item: _
Meeting Date: 5/10/06
Pursuant to Government Code Section 65915.5 (discussed in the Affordable Housing
Provision above), the applicant is requesting a concession from City standards for the
deficiency in the Open Space requirement, as there is no underutilized ground space on
the subject parcel for additional open space. The City intends to allow an open space
deficiency of 3,274 square feet in exchange for the guarantee of 41 units of onsite
housing affordable to moderate income persons or families.
Conversion of Dwelling Units to Independent Ownership (CVMC Chapter 15.56):
Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership,
apartments converted to condominiums for sale must address the following issues:
parking, adequate storage for each unit, common useable open space areas, and must
satisfy fire and Uniform Building Code standards before occupancy.
Per CVMC 15.56.070, in considering tentative maps for condominium development and
evaluating the manner in which storage space is provided as required by CVMC
15.56.020(C), the Planning Commission may recommend that the City Council approve
departures from the stated standards after review of each proposal. Departures shall be
based on the merits of the individual project when good cause can be shown. The merits
of this project are its provision of 41 units of onsite affordable housing for moderate
income persons or families.
A. Fire Protection: Four on-site fire hydrants are located on the site, at each of the four
comers adjacent to the parking lot and buildings. The project must provide
upgraded fire extinguishers and smoke alarms. The project is also conditioned to
comply with current fire protection requirements.
B. Uniform Building Code: The Building Department has reviewed the "Property
Condition Assessment Report" prepared by the JCEPIHuang Consulting Engineers,
Inc. and the Supplemental Report by LandAmerica Commercial Services and found
that the Project will satisfy the Building Code requirements if the recommended
improvements are constructed or put in place. These requirements are generally
described in the Property Condition Assessment Report Executive Summary
(Attachment H), and implementing conditions of approval specified in the attached
Draft City Council Resolution of Approval.
C. Storage: Section 15.56.020 requires adequate storage area for each unit. One-
bedroom units require 150 cu. ft. of storage, while two-bedroom units require 200
cu. ft. As seen in the summary table below, the storage provided for the project's
28 one-bedroom units is 176 cu. ft., which is an excess of 26 cu. ft. Each unit will
have a 144 cu. ft. storage cupboard within a carport in the parking lot, and 32 cu. ft.
of storage within the dwelling unit.
The storage provided for the project's 96 two-bedroom units varies. Forty of the
Page No. 10, Item:_
Meeting Date: 5/10/06
units (2 BR/2 bath) provide 247 cu. ft. of storage, which is an excess of 47 cu. ft.
Each 2 BR/2 bath unit has a 144 cu. ft. storage cupboard within a carport in the
parking lot, and 103 cu. ft. of storage within the dwelling unit.
The project's 56 2-BR/lbath units provide only 183 cu. ft. of storage, which is a
deficiency of 17 cu. ft. Each 2-BR/l bath unit has a 144 cu. ft. storage cupboard
within a carport in the parking lot, and 39 cu. ft. of storage within the dwelling unit.
Table 7: Storage Summary Table
No. of No. Storage Storage Total Total Overage /
bedrooms of within in carport storage required deficiency
units unit per unit per unit per unit per unit
1 28 32 c.f. 144 c.f. 176 c.f. 150 c.f. + 26 c.f.
2 w/ 1 bath 56 39 c.f. 144 c.f. 183 c.f. 200 c.f. - 17 c.f.
2 w/2 bath 40 103 c.f. 144 c.f. 247 c.f. 200 c.f. + 47 c.f.
Total 124
Per CVMC section 15.56.070, in considering tentative maps for condominium
development and evaluating the manner in which storage space is provided, the
Planning Commission may recommend and the City Council may approve
departures from the stated standards after review of each proposal. Departures shall
be based on the merits of the individual project when good cause can be shown. In
this case, if the Planning Commission recommends such a departure, staff is
supportive, with a condition that for the Final Map the Applicant shall provide all
storage dimensions to prove that the storage meets all minimum dimensioning
requirements.
D. Housing Code: The Project is required to conform to Unifonn Housing Code
requirements in existence at the time of the approval of the Subdivision Map. The
project has completed a housing inspection and is required by condition of approval
to correct any deficiencies prior to Final Map approval.
E. Protective Lighting Standards: Lighting information has been conditioned to
submitted as part ofthe building pennit application.
F. Off-street parking: CYMC 19.62.050 Regulations require 1.5 parking spaces for
each I-bedroom unit and 2 parking spaces for each two-bedroom or larger sized
unit. The project requires 234 off-street parking spaces - 42 spaces for the 28 one-
bedroom and 192 parking spaces and 96 two-bedroom units - but is deficient by 42
spaces. The Project provides 192 parking spaces for residents' use, including 51
standard-sized parking spaces, 136 compact spaces, and 5 handicapped spaces. 124
of the total 192 parking spaces will be covered carports, as indicated on the Carport
Plan. There is on-street parallel parking on Orange Avenue adjacent to the project;
field observation by staff indicates these spaces are fully utilized in the evening
hours, although the ownership percentage of these cars by residents of 307 Orange
Page No. 11, Item:_
Meeting Date: 5/10/06
Avenue is not known.
Per CVMC 19.62.050 (13), for every 10 parking spaces required, one of this total
may be a "compact' space," i.e., 10% of the parking may be provided by compact
parking spaces. The proposed project includes 136 compact parking spaces, which
represents 71 % of the parking spaces provided, and 58% of the parking required.
The parking area's drive aisles range from 20 to 24 feet wide, which are more
narrow than the City's requirement of 25 feet.
Pursuant to Government Code Section 65915.5, the applicant is requesting relief
from the deficiency in the number of required parking spaces, the non-conforming
drive aisle widths, and the ratio of compact to regular parking spaces, as there is
no available space on site for additional parking. The City intends to allow the
above stated parking area deficiencies in exchange for the guarantee of 41 units of
onsite housing affordable to moderate income persons or families.
G. Design Guidelines: The applicant submitted a Design Review application DRC-05-
05 for the project's design. A public noticed Design Review Committee hearing
was held on April 17, 2006, where DRC-05-05 was approved 4-0-1, subject to
approval of the Tentative Map and the Affordable Housing Agreement. Conditions
in the Notice of Decision are incorporated by reference into the Tentative Map
conditions.
H. Separate Service Meters: Each unit has individual electric meters. A Homeowners
Association will be responsible for the gas, water, and sewer service utility meters.
The Applicant shall provide CC&Rs prior to final map approval showing how this
will be satisfied.
1. Housing Department Compliance Survey: The Applicant has completed a Housing
Code compliance survey and a condition of approval is included requiring the
applicant to correct any violations prior to Final Map approval.
1. The applicant submitted a "Property Condition Assessment Report" and
supplemental report for review by the City's Building Official. The report
concludes that the existing apartment complex is in good condition, structurally and
cosmetically. However, the assessment identifies immediate repairs and short-term
intermediate repairs. Staff has included the report recommendations as conditions
of approval in the draft City Council Resolution.
K. CC&Rs: The Project is conditioned to provide evidence of declarations of
covenants, conditions and restrictions in conjunction with approval of the Final
Map.
Page No. 12, Item: _
Meeting Date: 5/10/06
CONCLUSION:
This is the first condominium conversion proposed with such large deficiencies from City
standards and will serve as policy direction for staff in dealing with other developers.
However, as stated previously, these deficiencies and non-conforming items can be
accepted pursuant to Government Code Section 65915.5. There is an Affordable
Housing Agreement currently under review by the City's Housing Department and the
City Attorney. The City is intending to allow the following project deficiencies in
exchange for the project's providing 41 units of affordable housing for moderate income
persons and families: (1) the parking area with its substandard drive aisles, ratio of
compact to regular parking spaces, and shortfall of 42 required parking spaces; (2)
deficiency of 3,274 square feet of open space; and (3) a front yard setback of 8.8 feet
instead of 15 feet for one building on the property.
Staff recommends that the Planning Commission recommend approval of PCS-05-06 to
move forward to the City Council to consider approval of proposed Tentative Map PCS
05-06, conditioned upon the City and Developer reaching agreement on an Affordable
Housing Agreement, and allowing the Planning Commission and City Council to reduce
obligations for the front yard setback requirement, and parking and open space
deficiencies in exchange for the guarantee of 41 units of on site housing affordable to
moderate income persons or families.
Staff also recommends that pursuant to CVMC section 15.56.070, the Planning
Commission recommend that the City Council allow the deficiency of 17 cubic feet of
storage space for 56 of the units, based on the project's merits of providing affordable
housing that is well-designed and a long-term asset to the community.
Attachments:
A. Locator Map
B. Planning Commission Resolution
C. Draft City Council Resolution
D. Plan Sheets:
1. Tentative Map
2. Site Plan
3. Landscape Concept Plan
4. Carport Plan
5. Floor Plans
E, Noticing Documentation
F, List of Improvements, Repairs, and Upgrades
G. Homebuyer & Renter Assistance Program
H, Property Condition Assessment Report - Executive Summary
I. Disclosure Statement
J. Government Code Section 65915,5
J:\Planning\Case Files\-05 (FY 04-05)\PCS\PCS-05-06-307 Orange\StaffReports\PC\PCS-05-6]C AGENDA
STATEMENT Final.doc
LOCATOR MAP
ATTACHMENT A
RESOLUTION NO. PCS-05-06
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE A TENT A TNE MAP
TO DNIDE INTEREST IN 3.48 ACRES AT 307 ORANGE AVENUE FOR A ONE-
LOT CONDOMINIUM CONTAINING 124 RESIDENTIAL UNITS (PREMIER
COASTAL DEVELOPMENT).
WHEREAS, on August 12,2004, a duly verified application was filed with the City ofChula
Vista Planning and Building Department by Westone Management and subsequently superceded by
Premier Coastal Development ("Applicant"), requesting approval of a Tentative Subdivision Map to
convert 124 apartment units into individually owned condominiums ("Project"); and,
WHEREAS, the area of land which is the subject matter of this Resolution is
diagrammatically represented on Exhibit "A", and for the general description herein consists of a
3.48 acre lot located 307 Orange Avenue ("Project Site"); and
WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
proposed project qualifies for a Class 1 (Existing Facilities) categorical exemption pursuant to
Section 15301 of the State CEQA Guidelines. Thus no further environmental review or
documentation is necessary.
WHEREAS, the Planning Commission having received certain evidence on May 10,2006, as
set forth in the record of its proceedings herein by reference as is set forth in full, made certain
findings, as set forth in their recommending Resolution PCS-05-06 herein, and recommended that
the City Council approve the Project based on certain terms and conditions; and,
WHEREAS, the Planning and Building Director set the time and place for a 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 within 500 feet ofthe
exterior boundaries of the property, at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., May
10, 2006, in the Council Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth Avenue,
before the Planning Commission, and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
recommends that the City Council adopt the attached Draft City Council Resolution approving the
Project in accordance with the findings and subject to the conditions contained therein.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City
Council.
A1fAGK- MeNT t?
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 10th day of May, 2006, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
Chairperson
ATTEST:
Diana Vargas, Secretary
DRAFT RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ESTABLISHING
CONDITIONS OF A TENTATIVE MAP TO DNIDE
INTEREST IN 3.48 ACRES AT 307 ORANGE AVENUE FOR A
ONE-LOT CONDOMINIUM CONTAINING 124
RESIDENTIAL UNITS PREMIER COASTAL
DEVELOPMENT.
I. RECITALS
A. Project; Application for Discretionary Approval
WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on August
12, 2004, with the City of Chula Vista Planning and Building Department by Westone
Management and subsequently superceded by Premier Coastal Development ("Applicant"),
requesting approval of a Tentative Subdivision Map to convert 124 apartment units into
individually owned condominiums ("Project"); and
B. Project Site
WHEREAS, the area of land which is the subject matter of this Resolution is
diagrammatically represented in Exhibit "A", copies of which are on file in the Office of the
City Clerk, incorporated herein by reference, and commonly known as Chula Vista Tract No.
05-06, Tentative Subdivision Map, and for the purpose of general description herein consists
of 3.48 acres located at 307 Orange Avenue ("Project Site"); and
C. Prior Discretionary Approval and Recommendations
WHEREAS, the development of the Project Site has received the following discretionary
approvals and recommendations: 1) Planning Commission recommendation of approval of
PCS-05-6 Tentative Subdivision Map for a 124-unit condominium conversion on May 10,
2006; and Design Review Committee approval ofDRC-05-05 Site Plan on April 17, 2006.
D. Planning Commission Record of Applications
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
May 10, 2006, and after hearing staffs presentation and public testimony voted 0-0-0 to
recommend that the City Council approve the Project, in accordance with the findings and
subject to the conditions listed below; and '
E. Council Record of Applications
WHEREAS, the City Clerk set the time and place for the public hearing on the Project's
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, its mailing to
property owners within 500 feet of the exterior boundary of the project and its mailing to the
current tenants residing at 307 Orange Avenue, at least 10 days prior to the hearing; and
^TII\CH- M~N-r C
Resolution No. 2006-
WHEREAS, the duly called and noticed public hearing on the Project was held before the
City Council ofthe City of Chula Vista on June 6, 2006, in the Council Chambers in the City
Hall, Chula Vista Civic Center, 276 Fourth Avenue, at 6:00 p.m. to receive the
recommendations of the Planning Commission, and to hear public testimony with regard to
the same.
NOW THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and
resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing on the Project held on May 10, 2006, and the minutes and Resolution resulting there
from, are hereby incorporated into the record of this proceeding.
III. COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the proposed project for compliance
with the California Environmental Quality Act and has determined that the proposed project
qualifies for a Class 1 (Existing Facilities) categorical exemption pursuant to Section 15301
of the State CEQA Guidelines. Thus no further environmental review or documentation is
necessary.
IV. 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 Project qualifies for a Class I
(Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA
Guidelines.
V. TENT A TIVE 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 307 Orange
Avenue, is in conformance with the elements of the City's General Plan, based on the
following:
1. Land Use
It is the City's goal to accommodate diversified housing types. The site is designated
Residential High (18-27 dulac) per the recently adopted General Plan. The existing
project's gross density of 31 dulac is slightly higher than that currently allowed;
however the density is consistent with the previous General Plan's Residential High
designation of 18-27+ dulac. The project's land use designation has not changed, as
it remains Residential High; therefore, staff believes that the Project, as conditioned,
is in substantial compliance with the adopted General Plan.
2. Circulation
All off-site streets required to serve the subdivision currently exist. No street
improvements are required.
Resolution No. 2006-
3. Housing
The Project is generally consistent with the land use designation prescribed within the
General Plan and provides attached condominium units for individual ownership.
The conversion of 124 apartment units to 124 condominium units creates additional
opportunities for residential ownership, including 41 units of on site housing
affordable for moderate income persons and families.
4. Open Space
Pursuant to Government Code Section 65915.5, in exchange for the Project's
providing 41 units of on site moderate income affordable housing, the City will allow
an open space deficiency of approximately 3,200 square feet. The Project includes
existing on-site open space areas in the form of a swimming pool and recreational
rooms, landscaped areas, and a tot lot for residents' use.
5. Safety
The City Engineer, Fire, and Police Departments have reviewed the proposed
subdivision of existing apartments to condominiums for conformance with City safety
policies and have determined that the proposal meets the City Standards for seismic
safety and emergency services.
B. The configuration, orientation and topography of the site allow for a feasible setting for
passive or natural heating and cooling opportunities as required by Government Code
Section 66473.1.
C. The site is physically suited for residential development and the proposal conforms to all
standards established by the City for such a project, including concessions for open space
and parking requirements pursuant to Government Code Section,65915.5.
D. 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.
VI. FINDINGS OF COMPLIANCE WITH CONDOMINUM CONVERSION
REQUIREMENTS PURSUANT TO CHAPTER 15.56 AND APARTMENT
RESIDENTIAL ZONE REQUIREMENTS PURSUANT TO CHAPTER 19.28 OF THE
CHULA VISTA MUICIP AL CODE
Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership, the
City Council finds that the project meets the following:
A. Fire Protection: The City Council concurs with the Fire Marshal determination that the
project as conditioned will be in substantial conformance with current fire protection
standards.
B. Uniform Building Code: City Council concurs with the Building Division of the Planning
and Building Department's determination that the "Property Condition Assessment
Report" dated August 2003, prepared by JCDP/Huang Consulting Engineers, Inc, and the
Resolution No. 2006-
"Supplemental Property Condition Assessment" dated August 10, 2005 (see Attachment
H), prepared by LandAmerica Commercial Services adequately address compliance with
the Building Code if applicable permits are submitted and approved and the
recommended improvements set forth in the report are constructed or put in place.
C. Storage: Section 15.56.020 requires minimum storage area for each unit - 150 cubic feet
per 1- BR unit and 200 cubic feet per 2- BR unit. The 28 1- BR units and 40 of the 2- BR
units are provided an excess of storage space; however, 56 of the 2-BR units are each
deficient 17 cubic feet of storage space. A storage cupboard within a new carport is
provided for each unit, in addition to some interior storage space.
Per CVMC section 15.56.070, in considering tentative maps for condominium
development and evaluating the manner in which storage space is provided, the Planning
Commission may recommend and the City Council may approve departures from the
stated standards after review of each proposal. Departures shall be based on the merits of
the individual project when good cause can be shown. In this case, as the Planning
Commission has recommended such a departure, staff is also supportive, with a condition
that for the Final Map the Applicant shall provide all storage dimensions to prove that the
storage meets all minimum dimensioning requirements.
D. Housing Code: The Project will be required to comply with housing inspection
requirements.
E. Protective Lighting Standards: Lighting for the facility shown on the site plan shall be in
conformance with Section 17.28.030 and 17.28.040 of the Municipal Code. The Project
is required to provide lighting information at the time of submittal of building permits.
F. Off-street parking: Section 19.62.050(13) requires 1.5 parking spaces for each one-
bedroom unit and 2 parking spaces for each two-bedroom unit, for a total parking
requirement of 234 spaces for this project. The project provides 191 parking spaces,
including 124 carports, 62 open stalls, and 5 handicapped spaces. There is a shortfall of
43 parking spaces. Drive aisles are slightly less than the 25 feet width requirement and
the ratio of compact to regular parking spaces is higher than the City standard. Pursuant
to Government Code Section 65915.5, in exchange for the Project's providing 41 units of
onsite moderate income affordable housing, the City is allowing the above stated
deficiencies in the parking area requirements.
G. Design Guidelines: Although no significant exterior structural changes are proposed to
the existing project, the Applicant proposes to upgrade both the interior and exterior of
the units, add community amenities, and refresh the landscaping. Exterior improvements
as part of the proposed condominium conversion include new paint and additional
architectural detailing on the buildings, roof replacement, installing a tot lot and play
structure, repairing and replacing all driveways and walkways where needed, adding
carports, and refreshing and supplementing the landscaping where needed. (Attachment F
is a complete list of the Applicant's proposed interior and exterior improvements.)
Accordingly, the Applicant has applied for and obtained Design Review approval
pursuant to CVMC Sections 19.14.582 (Design Review Committee, Duties and
Responsibilities) and Section 19.14.420 (Site Plan and Architectural Approval- Purpose
- Prerequisite for Certain Uses).
Resolution No. 2006-
H. Separate Service Meters: Each unit is individually metered for electric service. A
Homeowners Association will be responsible for the water and gas utility meters. The
Applicant shall provide written evidence how this will be satisfied.
1. Housing Department Compliance Survey: The Project has completed a housing
inspection, and will be required to perform all corrections listed in the Apartment
Inspection Report prior to final inspection of a Condominium unit.
J. CC&Rs: The Project is conditioned to provide evidence of declarations of covenants,
conditions and restrictions in conjunction with the Final Map.
K. Open Space: Common Open Space: Section 19.28.090 requires 400 square feet of
common usable open space per one- or two-bedroom unit; therefore, the project must
provide a minimum of 49,600 square feet of open space. The project provides 46,326 SF
of open space, which is a deficiency of3,274 SF.
Pursuant to Government Code Section 65915.5, the City is allowing the deficiency of
3,274 square feet of open space in exchange for the guarantee of 41 onsite affordable
units to persons or families of moderate income.
VII. COMPLIANCE WITH GOVERNMENT CODE SECTIONS 66451.3 AND 66452.5
Noticing Documentation
Government Code Sections 66451.3 and 66452.5 requires notification of a tenant's right to a
public hearing. The City of Chula Vista provided notices to tenants and surrounding property
owners of all required public hearing for the Project, and the Applicant has satisfied the
following noticing requirements at the time of submittal of the Tentative Map, which includes a
60-day "Notice ofIntent to Convert", and a "Notice to Prospective Tenants ofIntent to Convert".
BE IT FURTHER RESOLVED that the City Council does hereby approve Tentative Subdivision
Map, Chula Vista Tract No. 05-06 as represented in Exhibit "B" subject to the general and
special conditions set forth below.
VIII. GENERAL CONDITIONS OF APPROV AL
A. Project Site is Improved with Project
The Applicant, or his/her successors in interest, shall improve the Project Site with the
Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 05-06, 307
Orange Avenue.
B. Design Consistency
The Applicant shall develop the condominium units in accordance with all applicable City of
Chula Vista Design Guidelines and complying with any conditions required by the Design
Review Committee associated with DRC 05-05.
Resolution No. 2006-
IX. SPECIAL CONDITIONS OF APPROVAL
A. The conditions herein imposed on the tentative map approval or other entitlement herein
contained is approximately proportional both to nature and extent of impact created by the
proposed development. Unless otherwise specified, all conditions and code requirements
listed below and in Attachment "F" shall be fully completed by the applicant or successor-in-
interest to the City's satisfaction prior to approval ofthe Final Map:
GENERAL / PLANNING AND BUILDING
1. All of the terms, covenants and conditions contained herein shall be binding upon and
inure to the benefit of the heirs, successors, assigns and representatives of the Applicant
as to any or all of the property.
2. Applicant and hislher successors in interest 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 Subdivision Map and as recommended for approval
by the Planning Commission on May 10,2006, and DRC 05-05 on April 17, 2006. The
Applicant shall enter into an agreement (Subdivision Improvement Agreement and
Supplemental Subdivision Improvement 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 compliance with the above regulatory
documents. Said Agreement shall also ensure that, after approval of the final map, the
Applicant and hislher successors in interest will continue to comply, remain in
compliance, and implement such Plans.
3. Applicant shall coordinate with the City of Chula Vista Planning and Community
Development divisions to schedule a meeting with the current tenants to present
alternative rental housing opportunities and assistance in relocation in conjunction with
the presentation of the schedule for the phasing of the conversion of the apartments to
condominiums.
4. The Applicant shall comply with all applicable noticing requirements set forth in
Government Code Section 66427.1. Applicant shall submit evidence to the Director of
Planning and Building that the following City of Chula Vista noticing forms have been
delivered to the existing and prospective tenants per Section 66427.1 of the Subdivision
Act or a schedule detailing required future notifications:
a. 10-day notice to all existing tenants of an application of a Public Report - "Form C"
(If submitted to State Department of Real Estate prior to Final Map approval).
b. 1 O-day Notice to all existing tenants of Final Map approval- "Form D".
c. Notice to all prospective tenants of option to purchase/termination of tenancy -
"Form E.
d. 90-day Notice to all existing tenants of option to purchase/termination of tenancy -
"Form F".
e. 180-day notice to all existing tenants of intent to convert/termination of tenancy -
"Form G".
Resolution No. 2006-
5. The Engineering Division will require the applicant to obtain a construction permit to
perform any work in the City's right of way, which may include but is not limited to:
a) Driveway approach per Chula Vista Design Standards;
b) Replacement of broken curb, gutter, and sidewalk where applicable;
c) Sewer lateral installation
6. Submit plans and information to the satisfaction of the Fire Marshal that proposed
condominium units meet current California Fire Code, including but not limited to fire
hydrants, fire access, water supply, sprinkler systems, and fire alarms.
7. A composite lighting plan shall be submitted and approved to the satisfaction of the
Planning & Building Department and Chula Vista Police Department (CVPD) prior to
issuance of the first building permit. Lighting should be provided at entries, driveways
and parking lots. Please indicate the location and style of lighting on lighting plans and
elevations. Lighting shall be shielded to minimize spillover onto adjacent properties.
8. Electrical/mechanical driveway gates must be provided with a Knox key entrance
operation and Opticon system to the satisfaction of the City Fire Marshall.
9. All existing utilities serving the subject property and existing utilities located within or
adjacent to and serving the subject property shall be placed underground in accordance
with Section 15.32 of the Chula Vista Municipal Code. Furthermore, all new utilities
serving the subject property shall be placed underground prior to the issuance of building
permits.
10. Any and all agreements that the Applicant is required to enter into hereunder shall be in a
form approved by the City Attorney.
11. Applicant shall comply with the requirements of the City's approved "Recycling and
Solid Waste Management Plan" to the satisfaction of the City's Conservation
Coordinator. The plan shall demonstrate those steps the applicant will take to comply
with Municipal Code, including but not limited to Sections 8.24 and 8.25, and meet the
State mandate to reduce or divert at least 50 percent of the waste generated by all
residential, commercial and industrial developments. The Applicant shall contract with
the City's franchise hauler throughout the construction and occupancy phase of the
project. The plan shall incorporate any trash enclosure re-design required for compliance
with the City's NPDES permit.
12. Submit building plans and required fees per the following Building Division
requirements:
a. Building permits are required per 2001 CA Building Code (CBC), CA Mechanical
Code, CA Plumbing Code, and CA Handicapped Accessibility requirements, 2004
CA Electrical Code, and 2005 CA Energy Code.
b. Indicate any proposed modifications to correct code violations as noted by Code
Enforcement Division.
Resolution No. 2006-
13. Prior to or at the time of submittal of building permits, Applicant shall submit for review
and approval of the City's Landscape Planner an exterior lighting plan that includes
detailed information on the proposed fixtures, which shall be commercial grade quality.
The Plan should implement the lighting concept stated on the approved landscape
concept plan. The lighting plan shall include details showing that the proposed lighting
shall be shielded to remove any glare to adjacent properties.
14. Provide a detailed Planting and Irrigation Plan prepared by a licensed landscape architect
for review and approval with the building permit submittal, per Landscape Manual and
CVMC requirements. All landscape work is to be completed prior to occupancy. The
detailed landscape plans shall include the following:
a. Details of the play structure in the tot lot area, which shall be commercial grade
quality.
b. Show the location, and show landscape screening from public view, for all proposed
lighting fixtures, fire hydrants, transformers, backflow valves, and other utilities on
the detailed landscape plan.
c. Identify storm water management measures, if any are proposed, on the detailed
landscape plan.
d. A "safe line of sight line" at driveway entrances.
15. Provide a surety guarantee bond with the landscape plans for all landscape
improvements, which will include all irrigation work.
16. Plans submitted for building permits shall include the following:
a). Ground-mounted equipment including heating, air conditioning, utility boxes, and
backflow valves that will not be constructed in utility enclosures will be required to
be screened with a combination of landscaping, walls or berms.
b). A roof design plan showing that all roof equipment has been screened from adjacent
off-site residential uses and public areas with parapet walls.
c) Carport structure plans with details and specifications.
17. So as to ensure compliance with Section 17.24.040 and 17.24.050 of the Chula Vista
Municipal Code, Applicant shall show that walls and ceilings meet the current Gypsum
Association Fire Resistance Design Manual standards regarding fire and sound
attenuation. All separating floor-ceiling assemblies between separate units shall provide
impact sound insulation equal to that required to meet an impact insulation class (IIC) of
fifty (50.) If said walls and ceiling do not meet said standards, then the walls and ceiling
shall be modified to conform to the Gypsum Association Fire Resistance Design Manual
Resolution No. 2006-
standards to the satisfaction of the City Building Official and Director of Planning and
Building.
18. Prior to issuance of building permits, provide information on new hot water heating
facilities to meet the approval of the City Building official with regard to capacity, size,
and location.
19. Submit a phasing plan indicating how portions of the site can be sold and occupied
during construction activity.
20. Any on site sales or leasing office shall obtain a Conditional Use Permit.
21. Submit to City staff for approval additional details on implementation of the homebuyer
assistance and tenant relocation programs, such as the time frame for meetings and
distribution of relocation assistance, tenant eligibility requirements for the programs, etc,.
and submit evidence satisfactory to the Director of Planning and Building that the
Applicant has complied with the approved homebuyer assistance program requirements
for existing residents who choose to purchase their condominium units and for renters
who choose to relocate.
DRAINAGE/NPDES
22. All onsite drainage facilities shall be private except for storm drain facilities located
within the existing drainage easement granted to the County of San Diego recorded
August 22, 1985 as file no. 85-304816 of official records.
23. Paved access capable of withstanding H-20 wheel loading shall be provided to all public
storm drain manholes within the site.
24. The existing public 36-inch and 42-inch RCP storm drain pipes shall be relined based on
the City Engineer's requirement due to cracks and significant infiltration within the storm
drain pipes.
25. Applicant shall prepare and submit a Water Quality Technical Report describing
structural and non-structural Best Management Practices (BMPs) that will be
implemented to prevent discharge of pollutants from the project site to public storm
drainage systems, to the satisfaction of the City Engineer.
26. Intercept runoff from the project site and pre-treat said runoff prior to discharge to the
city's storm water conveyance system. Identify proposed best management practices
("BMPs") to be used to treat storm water runoff from the site as part of the project's
Water Quality Technical Report. Said BMP facilities shall be inspected and approved by
the City's Storm water Inspector prior to final map approval.
Resolution No. 2006-
27. Permanent storm water BMP requirements shall be incorporated into the project design,
and shall be shown on the plans. Any construction and non-structural BMP requirements
that cannot be shown graphically must be either noted or stapled on the plans. Any
proposed changes that impact landscaped or open space areas must be reviewed and
approved by the City's Landscape Planner.
28. Any proposed changes that impact landscaped or open space areas must be reviewed and
approved by the City's Landscape Planner.
29. Fully implement NPDES best management practices ("BMPs") contained in the Water
Quality Technical Report.
SEWER
30. The onsite sewer system shall be private. All sewer laterals shall be privately maintained
from each building and/or condominium unit to the City maintained public sewer main
within Orange Avenue.
31. The Developer/Owner shall establish a homeowners association to fund and oversee a
contract for the maintenance of the on site private sewer system. The frequency of
maintenance of the sewer system shall be contained in the provisions of the Covenants,
Conditions & Restrictions (CC&Rs). The City Engineer and Director of Public Works
shall approve the provisions of the CC&Rs regarding the onsite private sewer system.
32. The Developer/Owner shall install a sewer manhole at the point of connection to the City
sewer main for the sewer lateral east of the public storm drain pipe that runs north to
south between the two-story stucco building and one-story stucco building/pool facility.
The sewer lateral historically has problems due to the slope of the pipe.
STREETS
33. The driveway within the development shall be private.
34. Remove and replace all driveways along the project frontage for compliance with ADA
pedestrian access route requirements. Said work shall be done under a Chula Vista
construction permit using Chula Vista Construction Standard CVCS-IA for driveways.
Driveway replacement shall be guaranteed prior to recordation of the final map. Safe
sight distances shall be maintained in and around entrances and drives.
CC&RS
35. Submit Covenants, Conditions and Restrictions ("CC&Rs") as approved by the City
Attorney to the City Engineer, Director of Planning and Building, and Director of Public
Works, for approval. Said CC&Rs shall include the following:
Resolution No. 2006-
a. The creation of a Homeowner's Association ("HOA"), which shall, among other
things, be responsible for maintaining all common facilities within the Project
including, but not limited to: walls, fences, water fountains, lighting structures, fire
sprinklers and alarm systems, paths, trails, access roads, drainage structures, water
treatment facilities, recreational amenities and structures, landscaping, trees, streets,
parking lots, driveways, and private sewage and storm drain systems.
b. A listing of all maintained private facilities.
c. Language stating that the landscaping shall be maintained by the HOA in a healthy
and thriving condition at all times.
d. Language that indemnifies and holds harmless the City from any claims, demands,
causes of action liability or loss, including claims arising from the maintenance
activities of the HOA, including but not limited to private sewer spillage.
e. The City's right but not the obligation to enforce CC&Rs.
f. An insurance provision requiring the HOA to maintain a policy of comprehensive
general liability insurance written on a per-occurrence basis in an amount not less
than one million dollars ($1,000,000) combined single limit. The policy shall be
acceptable to the City and name the City as additional insured.
g. The City must approve any revisions to provisions of the CC&Rs that may
particularly affect the City. Furthermore, the HOA shall not seek approval from the
City of said revisions without the prior consent of one-hundred percent (100%) of the
holders of first mortgages and one-hundred percent (100%) of the property owners -
unless the Director of Planning and Building waives this requirement.
h. The HOA shall not seek to be released by the City of any maintenance obligations
without the prior consent of the City and one-hundred percent (100%) of the holders
of first mortgages and one-hundred percent (100%) of the property owners - unless
the Director of Planning and Building waives this requirement.
1. Implement an education and enforcement program to prevent the discharge of
pollutants from all on-site sources into the storm water conveyance system.
J. The HOA shall maintain, in perpetuity, membership in an advance notice
service/system such as the USA Dig Alert Service and shall cause any private
facilities of the property owners or HOA to be marked out whenever work is
performed in the area.
k. The CC&Rs shall include NPDES provIsIOns for the perpetual and routine
maintenance of structural BMPs, private sewer and storm drain facilities for the
purpose of preventing and in such a manner as to prevent the discharge of non-storm
water pollutants to the public storm water conveyance system. The CC&Rs shall
Resolution No. 2006-
include the requirement to maintain records for the past 10 years of BMP
implementation, inspections, and maintenance activities.
1. The HOA shall fund and oversee a contract for the maintenance of the onsite private
sewer system. The frequency of maintenance of the sewer system shall be contained
in the provisions of the Codes, Covenants and Restrictions, which shall be subject to
the approval of the City Engineer and the Director of Public Works.
m. Trash and Recycling program requirements shall be incorporated into the project
CC&Rs to the satisfaction of the City's Conservation Coordinator.
n. Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance,
and shall be recorded concurrently with the final map.
o. Fire service lateral and water supply to buildings, including the on-site fire hydrants,
must be maintained and operational at all times to the satisfaction of the Fire Marshal.
36. Submit a Homeowners Association budget for review and approval by the City Engineer
for the maintenance of private streets and drives, storm drains, and sewage systems. More
specifically, said budget shall include the following provisions and maintenance
activities:
a. Streets must be sealed every 7 years and overlaid every 20 years
b. Sewers must be cleaned once a year with the contingency for emergencies
c. Red curbs/striping must be painted once every three years.
d. The Homeowners Association shall be responsible for service utilities including
water, gas, and sewer, and the billing and payment of these utility costs.
e. Storm Water quality facilities inspected prior to and after every rain event and
cleaned as necessary (twice a year minimum); media inserts replaced as
recommended by the manufacturer; with a contingency for emergencies. The budget
shall also include a monitoring program including sampling and preparation of an
annual report, when required by the City.
f. Per the Physical Elements Report's recommended repairs within the five-year time
frame, establishment of a capital fund that will adequately cover the expected costs
associated with repairing or replacing the Project/complex's electrical system and
plumbing system.
EASEMENTS
37. All existing easements and irrevocable offers of dedication shall be shown on the Final
Map. A title report dated within 60 days of submittal of the Final Map shall be submitted
together with backing documents for all existing public utility easements and offers of
dedication. Applicant shall submit evidence of noticing to all existing public utility
easement holders within the project boundaries as required by the Section 66436 of the
Subdivision Map Act.
Resolution No. 2006-
AGREEMENTS
38. Payoff any unpaid balance for the 307 Orange Avenue Tentative Map Deposit account #
DQII05 and Project account CA301.
39. Applicant shall enter into an approved Affordable Housing Agreement. Applicant and
hislher successors in interest shall comply, remain in compliance and implement, the
terms, conditions and provisions, to the property with regard to the Affordable Housing
Agreement to provide 41 units of on site affordable housing for persons or families of
moderate income.
40. Applicant shall enter into an agreement wherein the Applicant agrees to:
a. 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.
b. Hold the City harmless from any liability for erosion, siltation or increased flow of
drainage resulting from this project and spillage of sewage generated by the project
onto adjacent public or private streets or into offsite storm water conveyance systems.
c. Maintain storm water quality treatment measures in accordance with an approved
maintenance and inspection plan.
d. Implement and sustain in perpetuity, a source control storm water quality
management program as outlined in the Water Quality Technical Report.
Signature of Property Owner
Date
Signature of Representative
Date
MISCELLANEOUS
41. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83).
42. Submit copies of the Final Map in a digital format such as (DXF) graphic file prior to
approval of the Final Map. Provide computer aided Design (CAD) copy of the Final Map
based on accurate coordinate geometry calculations and submit the information in
accordance with the City Guidelines for Digital Submittal in duplicate prior to the
approval of the Final Map.
Resolution No. 2006-
43. Submit a conformed copy of a recorded tax certificate covering the property prior to
approval of the Final Map.
44. Provide evidence to the satisfaction of the City Engineer of compliance with all tenant
noticing requirements per Section 66427.1 of the Subdivision Map Act prior to approval
of the final map.
B. The following Conditions of Approval shall be satisfied prior to Final Inspection unless
otherwise noted:
1. For any condominium unit in a structure containing multiple condominium units, correct
California Health and Safety Code and Uniform Housing Code violations specified in
Attachment C and any other violations identified by the Housing Inspection, to the
satisfaction of the Director of Planning and Building.
2. For any condominium unit in a structure containing multiple condominium units, install
the interior upgrades and improvements specified in Attachment F to the satisfaction of
the Director of Planning and Building.
3. Prior to issuance of building permits, per the Physical Element's Report and Applicant's
designating replacement of hot water heating facilities, provide information on new hot
water heating facilities to meet the approval of the City Building official with regard to
capacity, size, and location.
4. For any condominium unit in a structure containing multiple condominium units, the
Project's exterior upgrades for that structure shall be constructed in accordance with the
approved DRC-05-05 design review permit.
5. For any condominium unit in a structure containing multiple condominium units, provide
in that structure type 2A-I0BC fire extinguishers every 75 feet of travel distance, and
smoke detectors for each unit, to the satisfaction of the Chula Vista Fire Department.
6. All lighting shall meet the protective current lighting standards of the current Uniform
Building Code.
7. Any required modifications to separation walls and ceilings shall be done to the
satisfaction of the City's Building Official and Fire Marshal.
8. Submit evidence satisfactory to the Director of Planning and Building that the Applicant
has complied with the approved homebuyer assistance program requirements for existing
residents who choose to purchase their condominium units and for renters who choose to
relocate.
9. Submit and obtain approval of a sign permit.
Resolution No. 2006-
x. 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. The Applicant shall be notified ten (10)
days in advance prior to any of the above actions being taken by the City and shall be given
the opportunity to remedy any deficiencies identified by the City within a reasonable and
diligent time frame.
XI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in
the event that anyone or more terms, 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.
Presented by:
Approved as to form by:
Jim Sandoval
Director of Planning & Building
Ann Moore
City Attorney
J:\Planning\Case Files\-05 (FY 04-05)\PCS\PCS-05-06-307 Orange\Resolutions\PCS _ 05-06 _ CC _ RESO _.doc
NOTICING DOCUMENTATION
Sample Notification Letters to Tenants
AllAc.tt MeN I S
DEC-15-2003 12:08 PM ORANGE GLEN APARTMENTS
619 426 7346
-
...
Notice to Tenants of Intention to
Convert to Condominiums
Government Codes 66451.3 .
66452.5
ThE! OWn~rs or the buildings locaLed at 307 Orange A.venue, Chula Vist!l
California Intend to file an application with UtI!! City ur Chula Vista to convert the
apartment rental Units to Condominium units. You will be glV811 notice of each
public hearing for which notIce IS required pursuant to sections 66451.3 and
66~52.5 of the Government Code, You haVe the ri\;lht to appear and the right to
be heard at any such hearing,
Westone ~ent Consultants
,r/1
~ I
,~' t~l ------.
./ Autho~IZed 8Qent for ~ Ow er
September 1st, 2003
I have receIved this notice dated 0 ~ () c.'I 0 -5 _
Prospective tenants signature ~:I,~~!--tt't.- _Gz---
P.04
-..J . ,-/
September 1, 2003
Prospective Resident
Orange Glen Apartments
Dear Prospective Resident:
The Owners of the buildings located at 307 Orange Avenue, Chula Vista California intend to file an
application with the City of Chula Vista to convert the Apartment Rental Units to Condominium Units. You
will be given notice of each public hearing for which notice is required pursuant to sections 66451.3 and
66452.5 of the Government Code. You have the right to appear and the right to be heard at any such
hearing.
orporation, Agent for Owner
Community Direc
I acknowledge re
Date: -.1J ,;rllolt>
Signed: q~ t\ J...id~'li::-v-f tk>.,{,~
Print name:.. <) f-I1rlH [)/f- N o-f,7<. k I-f1t1V
.
Address: 30--=! Oranq-e Ave_ #1
Signed:
Signed:
1VI/i.J,/'" I
Print name: ,. ,c;.' #1,:, q
Address: 30+ Otnr-\qe -A" e #- t
Signed:
Print name:
Print name:
Address:
Address:
EXTERIOR AND INTERIOR IMPROVEMENTS, REPAIRS, AND UPGRADES
FOR CONDOMINIUM CONVERSION AT 307 ORANGE AVENUE
PCS~5~6ANDDRC~5~5
The following requirements have been derived from the project's Physical Element
Report and Supplemental, information provided by the Applicant, and Staff reviews of
submittal materials. Note that the following may require Design Review or building
permit approval:
A. Property Condition Assessment Report - Repairs required prior to building
occupancy.
1. Previously required repairs from the Housing Inspection have been complied
with; no repairs are required at this time.
B. Physical Elements Report - Immediate Repair or Replacement items, which are
improvements required prior to Final Inspection or Occupancy of applicable
Condominium Units, whichever occurs first, unless stated otherwise:
1. Correct alligatoring and cracking on asphalt pavement in the entry driveway
gate area.
2. Thoroughly examine the irrigation systems and make the necessary repairs
and adjustments to assure the proper spraying of irrigation water.
3. Repair main waste line (sanitary sewer line) located at Building A2 that has a
negative flow from the building to the street.
4. Inspect fire alarm panels and update tags.
5. Install hard wired smoke detectors in all bedrooms.
6. Install 5/8" drywall (Type X) on all common walls and ceilings along with
installation of draft stops above all common walls in the roof attics to be
compliant with a one-hour fire rating.
7. Repair or replace leaning / damaged fencing along west side of property.
Source: Physical Elements Report (August, 2003 by JCEP/Huang Consulting
Engineers, Inc.) and the Supplemental Property Condition
Assessment (August 10, 2005 by LandAmerica.)
C. Improvements or Repairs from Information Provided by the Applicant
1. Removal of non-operational roof-mounted solar panels and solar hot water
tanks.
2. Install new roofs on all buildings.
3. Install gutters and downspouts on all buildings.
4. All items listed in attached letter from Applicant dated April 5, 2006.
ATff\uttlt{j41 P
H:\PDATA\25101318\Admin\Task 8 - 307 Orange Av (PCS 05-06)\DRC hearing 4-17-06\4-17 List
Improvements & Repairs,doc
April 5, 2006
City of Chula Vista Planning Department
476 Fourth Ave
Chula Vista, CA 91910
Attention: Danielle Putnam, Contract Planner
RE: Application DRC-05-05 and PCS-05-06 Tentative Map for Condominium
Conversion at 307 Orange Ave
Dear Ms. Putnam:
Please find below a list of our proposed upgrades that will be made to the subject
property, covering both the individual condominium units and the development's
exterior items. Please note that while we are confident about the scope and
specification of work, the manufacturer's specifications are preliminary and may
change due to manufacturer/product availability. However, any item changes are
anticipated to be for a product of similar quality, style, and color.
General Interior Improvements to All Units:
. Replace all air conditioners
· Fabricate casing around air conditioning units
· Add chandelier light in nook
· Install 1.5' x 4' ceiling mount fluorescent light in kitchen
. Add ceiling fans to bedrooms
· Replace fan box in bathrooms
· Raise light bars in bathrooms to 84" in height
· Install dimmer switches light bars
· Raise shower heads in bathrooms to 80" in height
· Replace all tub and shower valves
· Refinish all existing tub and shower enclosures
· Install new shower doors
· Add Johnny cabinets
· Replace all medicine cabinets
· Tile all bathroom floors
· Install Melamine shelves (with chrome pole and cleat) in all closets
1
· Install voice and data lines in living rooms and bedrooms as shown on
electrical plan
· Install washer and dryer hook ups and install ventilation fans in all storage
closets located off nook
· Finish window seats with sill and apron in master suites
· Install all new electric appliances
Improvements to 1 BR / IBA Units (#100 as an example)
· Dining bar area in unit will have either 2 pendant lights or 2 - 4" cans over
dining bar
· Remove existing lighting (ceiling mount) from nook area
· Create arch opening to kitchen
· Maintain voice and data cable location in LR
. Install voice and data location in BR
· Create arch opening to hallway from living room
· Locate lighting over vanity in bathroom, 84" up from floor
· Create 59" banjo sink top element around toilet
· Install washer/dryer at existing linen closet. Fabricate additional storage
· Frame washer/dryer closet opening to install panel door
· Replace existing vanity in master bedroom
· Replace the vanity light bar for a ceiling flush mounted fixture
· Shift entry into the MBR closet to the right, where existing vanity is
currently located
· Vanity cabinet to be 27" due to existing plumbing placement
Improvements to 2BR / 2 BA First Floor Units (Unit #31 as an example)
· Change layout of kitchen to minimize dishwasher plumbing through
cabinetry
· Install corner wall cabinets with glass on either side of the kitchen window
· Relocate nook light to center of dining area and install a chandelier
· Create arch opening to nook
· Install 1.5' x 4' ceiling mounted fluorescent lighting
· Remove the split linen closet in hall to expand living room and create a full
height niche
2
. Create arch niche opening in Living Room
. Install data cable in Living Room niche area
. Install voice data cable in MBR on entry door wall
· Install light in storage closets above air conditioners
· Utilize portions of MBR closet to create stackable Washer / Dryer closet with
panel door
· Install shelves over the Johnny cabinets in bathrooms
· Install in Master Bath 39" vanity combination cabinets with bank of drawers
to the left of sink base
· Install in secondary bathrooms 39" vanities with drawers to the right of the
sink base
Improvements to 2BR / 2 BA Second Floor Units
. Upgrades to be same as for ground floor units
Improvements to 2 BR /2 BA (#86 as an example)
. Install exterior wall mounted light for entryway
· Install switch for new entryway light
· Relocate voice/data cable in Living Room to entry wall 60" from the front door
· Install 2 pendant lights or 2- 4" cans over dining bar
· Cancel flush mount light in nook/dining space
· Make kitchen ceiling 96" H with 1.5' x 4' fluorescent
· Reframe closet to accommodate 8' wide mirrored doors
· Entry wall niche arch top and put a 12" deep base cabinet with granite top
· Install 36" vanity base in bathrooms
. Add shelves over the Johnny cabinet
· Install framed mirror over vanity
3
Exterior Desien Improvements:
· New entry gate designs to existing entrances (CAD drawings enclosed)
. Add a new monument
. Add a Tot lot in the front lawn area of property
· Create a private terrace off of second story master bedroom (example unit
86)
· Add a wall 84" in height and 50" in length. This height avoids the roofline.
The wall separates the master terrace from the entry into the adjacent unit.
Add 5'W French doors off master
· Install wall caps where needed on exposed wall tops on the new upper
balcony walls
· Add iron details to street facing buildings (CAD details enclosed)
. Remove flood lights from entry sides of buildings
· Add an entry wall mount light fixture to each condominium entry except
where there are ceiling mount fixtures
· Add foam details to entry doors and designated windows (design details
enclosed)
. Add shutters to designated windows
· Remove trees with large roots that lift the concrete walkways and those trees
close to the foundation walls
· Concrete lightweight tile roof
. Replace iron railings (detail enclosed)
· Use existing rental office space to incorporate a gym
· Convert existing laundry facility into club house
· Landscape design done by Architect
· Add large wall mounts to front of buildings on street side at each end (as
shown on exterior elevations)
· Remove flood light from center of building
Exterior Desien Improvements:
Pool Area
· Resurface deck with deck coating
. New patio furniture
. Add exterior lighting
· Add BBQ's to pool area
· Remove wooden benches from trellis area
· Furniture 4 umbrella tables
16 chairs
4 umbrellas
12 lounge chairs
6 side tables
4
Exterior Paint Colors:
Dunn Edwards Paint (or similar color bv other manufacturer)
Color # Placement:
1. Pale Beach DE6199 Stucco-Tan
2. Wooden Peg DE6215 Stucco-Brown
3. Briar DEC712 Entry doors/railings
4. Olive Court DEA174 Foam Details, Shutters,
Roofline Fascia, Stringers,
Metal Stairs
The building walls will be labeled with tape prior to painting the exterior. This will
provide exact placement of color on the exteriors.
Exterior Details:
Mailboxes:
Salsbury Industries
Bronze Finish
Vertical Recessed
Units
Iron Work:
Details enclosed
Tiger Drylac Powder Coat Paint
Color: RAL 8016
www.ti1!erdrvlac.com
Roof:
Eagle Roofing Products
Ponderosa
Lightweight concrete tile
Product #5634
Kings Canyon Blend
Roofline
Gutters:
RGS
Aluminum Gutter
Clay
If desired, we suggest
painting: Olive Court DEA174
5
Wall Downspout
Gutters:
Shutters:
Foam Detail:
Siding Details:
Windows:
Carnentrv
Entry Door:
Address Font:
House Numbers
House Numbers:
Door Hardware
Exterior Entry
Door Handle:
RGS
Aluminum Gutter
Clay
KG Design & Build, Inc.
Spaced; Style Code B2
Spaced 16~" width
Order in: Paint Ready #30
Paint: Olive Court #DEAI74
Details enclosed
Frame with Plywood & 2" x 2'''s per CAD drawing.
Vinyl Milgard Retrofit
Color: Sandstone
TM Cobb
Classic-Craft Rustic Fiberglass
CCR 8205
Baldwin
Archetypes
010 Craftsman
Dark Bronze
Refined Applications
Bronze
Emtek
Arts & Crafts Handleset
Oil-Rubbed Bronze
6
Liehtine
Exterior Li2htin2
Large Wall Mount- Hinkley Lighting
Common Area Lighting:
Westwater Collection
2495 CB
Copper Bronze Finish wi
Clear Seedy &
Tiffany Pattern Glass
ll"W x 15"H x 10 ~"E
9 ~" top to outlet
(3) 40W Candelabra
Entry Wall Mount: Hinkley Lighting
Westwater Collection
2490 CB
Copper Bronze Finish wi
Clear Seedy & Tiffany
Pattern Glass
8 ~"W x 13"H x 8 ~"E
8" top to outlet
(2) 40W Candelabra
Patio Ceiling Mount: Hinkley Lighting
Westwater Collection
2499 CB Copper Bronze
Finish wi Clear Seedy &
Tiffany Pattern Glass
7 ~"H x 13 ~"D
(3) 40W Candelabra
Patio Wall Mount: Hinkley Lighting
Westwater Collection
2498 CBCopper Bronze
Finish wi Clear Seedy &
Tiffany Pattern Glass
7"W x 8 ~"H x 6 ~"E
4 ~" top to outlet
(1) 60W med.
3/31/06
7
307 Orange Avenue
Chula Vista, CA 91911
Scanned Images of Specs
Roof:
Eagle's Ponderosa Roofing; Lightweight Concrete Tile
King's Canyon Blend
Mailboxes:
Vertical Mailbox in Bronze Finish
8
Shutters:
B2
Board-N-Batten Spaced Panel B2 Shutter
Entry Doors:
TM Cobb Classic Craft CCR 8205 Entry Door
9
Hardware:
Exterior Entry Door Handle
Arts & Crafts Handleset Collection; Oil-Rubbed Bronze
10
Exterior Lighting:
Hinkley Lighting; Westwater Collection
Large Wall Mount; Common Areas
Copper Bronze Finish w/Clear Seedy & Tiffany Style Glass
Entry Wall Mount
Copper Bronze Finish w/Clear Seedy & Tiffany Style Glass
11
Exterior Lighting:
Hinkley Lighting; Westwater Collection
Patio Ceiling Mount
Copper Bronze Finish w/Clear Seedy & Tiffany Style Glass
Patio Wall Mount
Copper Bronze Finish w/Clear Seedy & Tiffany Style Glass
12
May 3, 2006
City ofChula Vista Planning Department
476 Fourth Ave
Chula Vista,CA 91910
Attention: Danielle Putnam, Contract Planner
RE: Application DRC~05"()5 and PCS-05~06 Tentative Map for Condominium Conversion at
307 Orange Ave - Hornebuyer and Tenant Relocation Assistance
Dear Ms. Putnam:
In response to the request frQm the Planning Department, the folJowing outlines a program
that will be implemented to assist the tenants with potential condominium purchase or
relocation:
A meeting/workshop wiU be organized to include all tenants, a representative fTOm the
property management company, a representative of a mortgage broker and representatives
from the developer within seven (7) days of the approved Tentative Map. We also believe
that the City of Chula Vista would like to have a representative present.
The following items will be discussed:
A. Information on the conversion of the project and the future of their tenancy.
B. Assistance for tenants who wish to purchase their units
I, A mortgage broker will be present to help those who wish to purchase their unit.
2. The brQker will hold an on-site workshop on how tenants can. pre-qualify for a
mortgage and become homeowners
3. The developer will offer to any interested tenant a $5,000 discount towards the
purchase of their unit and assistance with information on Community Housing
Works, anon-profit organization that assists first-time homebuyers by providing
access to special loan and grant programs available through state and local
government. The discount will be offered only for those tenants who purchase a
unit at the 307 Orange Avenue project.
C. Assistance for tenants who choose to relocate:
] , The applicant will assist with the relocation of those tenants who prefer not to
purchase their units by providing $500 for relocation and moving assistance, their
full security deposit back, and a referral list of affordable housing that is generated
by the Community Development Department.
1010 Turquoise St. Suite 200 . San Diego, [R 92109 . tel 858/214.2300 . faH 858/2141126 · wWUI.PremJerLommunities,com
An ^~ttM-eNT q--
2. Assistance in locating replacement housing will be offered by the property
management company who will designate a representative to help tenants secure
rental housing.
3. Any tenaQts moving in after approval of the Tentative Map by City Council will he
on a mouth-to-month lease and as the work progresses, reduced monthly rents will
be provided.
Sincerely,
(Jy-
Christopher Duggan
Premier Coastal. Development
2
Project No. 08-C-01809
August, 2003
REPORT
Property Condition Assessment
Orange Glen Apartments
307 Orange Avenue
Shula Vista, San Diego County, California 91911
Prepared For
MALCOLM, DAVID & DARMOR
DARMOR, DBA, O&A
C/o Westone Management Consultants
710 Camino de la Reina
Suite 129
San Diego, California 92108-3216
. Attention: Mr. Joseph Scarlatti
Prepared By
JCEPlHuang Consulting Engineers, Inc.
217 Via Lara
Dos Vientos Ranch, California 91320
A1fAUtM-:eN\ tr
1.0 EXECUTIVE SUMMARY
1.1 General Description
JCEPIHuang completed a property condition assessment (PCA) of a multi-
dwelling complex known as Orange Glen Apartments located at 307 Orange
Avenue, Shula Vista, San Diego County, California 91911at the request of Joseph
Scarlatti of West one Management Consultants. As part of the PCA, an on-site
walk through observation was made on August 20, 2003 with Lindsay Erickson of
Westone Management Consultants, and Luis Sarinana, Resident Manager of the
Apartments.
The subject property contains 124 dwelling units scattered in 7 two-story, wood
framed, rectangular-shaped garden type apartment buildings. A brief description
of the dwelling units is as follows:
Unit Tvne No. of Units Size of Unit Total Area
'}; 2 BD/2 BA 56 785 s.f. 43,960 s.f.
jAJD/I12 BA 40 760 s.f. 30,400 s.f.
1 BD/1 BA 28 540 s.f. 15,120 s.f.
Total 124 89,480 s.f.
Additionally, the subject dwelling complex also provides 193 surfaced parking
spaces (including 4 handicap parking stalls), a leasing office building, a laundry
room, a swimming pool, and associated hardscape and landscape. Construction
drawings were not available for JCEPIHuang's review. Reportedly, the subject
property was developed in 1985 on an irregularly shaped suburban lot of an
approximated 3.46 acres in the City ofShula Vista, San Diego County, California.
Heating and cooling of the dwelling units are provided by individual electricity-
powered NC units. Domestic hot water for the apartments is provided by a
centralized solar and gas-fired hot water heating unit supported in the utility closet
of each apartment building. Each dwelling unit is furnished with an electric
range/oven, refrigerator, hood and garbage disposal. All two-bedroom units are
also equipped with dishwashers.
The electric distribution panels and individual electric meters are housed in the
utility closet of each building. Gas meters are hung on the exterior walls of
buildings near the ground. Smoke detectors are available for the apartments, and
the public areas of the buildings are fitted with fue extinguishers. Additionally,
fue hydrants are located along the city street sidewalks by the property and on-
site as required by the current fire code.
4
1.2 General Physical Condition
Management ofthe apartments advised that seal-coa~ing and restriping of the
asphalt pavement were completed about I ~ years ago. The swimming pool was
resurfaced in 2001. And the apartment buildings were repainted in 2002.
The subject property appears adequately maintained and in overall good condition
with some defects noted. Components of the buildings are composed of durable
materials and sturdy construction. It is JCEP/Huang's opinion that the subject
property is comparable to or better than other similar properties of similar age in
this area and, subject to a continued program of sustained preventative
maintenance, the remaining economic life of the subject apartments should
exceed 35 years.
1.3 Recommended Immediate Repairs (within 12 months)
Deferred maintenance and physical deficiencies for which actions are recom-
mended represent potentially unsafe conditions, material code violations, and
items that require corrective works on a higher priority than routine work.
Based upon observations conducted during the property visit, the following
objectionable property conditions that require immediate corrective works were
identified:
. Alligatoring and cracking on the asphalt pavement in the entry driveway gate
area were noted (see photo #15 and #16). This condition should be corrected
immediately before it deteriorated into a potential tripping hazard for
pedestrians.
ESTIMATED COST:
$8,000.00
. Thoroughly examine the irrigation systems (see photo #23). Make necessary
repairs and adjustments to assure the proper spraying of the irrigation water.
ESTIMATED COST:
$ 800.00
1.4 Recommended Short Term and Intermediate Term Repairs (between I to 5
years)
. Due to aging, it is expected that the following equipment will need to be
replaced.
5
1. Five (5) AlC units each year
ESTIMATED COST:
$700/each
2. One (1) hot water heater each year.
ESTIMATED COST:
$500/each
3. Five (5) refrigerators each year.
ESTIMATED COST:
$500/each
4. Five (5) dishwashers each year.
ESTIMATED COST:
$450/each
5. Five stoves/range each year.
ESTIMATED COST:
$400/each
. Pitched roofing system has a useful life span of between 20 and 25 years. The
Apartments was developed in 1985. Reroofing of the buildings will become
necessary soon.
ESTIMATED COST:
$2.50/s.f.
We understand that the owner of the property has a renovation program to up-
grade the property. The program will be carried-out within the next two to three
years, and it includes:
I. Repair/replacement of flooring and painting of interiors of all dwelling units.
2. Repair/replacement of kitchen appliances, counter tops, cabinets and sinks.
3. Repair/replacement of windows and doors.
4. Repair/replacement of bathroom fixtures.
5. Repair/replacement of any water damaged building elements and materials.
6. Repair/replacement of plumbing system.
7. Repair/replacement of electric system.
Together with the recommended repairs, the subject apartments will become an
attractive and high quality property.
6
~~ LandAmerica
_ Commercial Services
August 10, 2005
Mr. Michael D'Amelio
Premier Coastal Development
1010 Turquiose Street, Suite 200
San Diego, California 92109
A\IG 1 5 2005 \
_...'''',,, ",~ ' _......L-_J
I
\
. ,"0'." ...".".~... J
Re: Immediate Repair Verification
307 Orange Avenue
Chula Vista, California 91911
LAC Project 05-29331.1
Dear Mr. D' Amelio:
LandAmerica Assessment Corporation (LAC) is pleased to provide you with a Supplemental
Property Condition Assessment perfonned in adherence to the City of Chula Vista requirements
and Premier Coastal Development guidelines. On July 28, 2005, Greg L. Gavasse, LAC
Professional Associate, perfonned a visual inspection of the present condition at the property
located at 307 Orange Avenue in Chula Vista, California. The purpose of this assessment was to
supplement the original report perfonned by JCEP/Huang Consulting Engineers, Inc., dated
September 2,2003.
The supplemental items that need to be covered are as follows:
1.) UBC year the project was constructed under.
The project was constructed under the 1982 edition of the Unifonn Building
Code.
2.) Location, condition and summary of use for the SDGE transfonners, distribution panels,
meters.
The property provides three SDGE transfonners, which are located at the
northwest comer (transfonner #1 - D16l8372968 Cir 151), south side / rear of
the property (transfonner #2 - DI613972994 Cir 151), and at the northeast
comer of the property (transfonner #3 - D16l8573005 Cir 151). The
transfonners feed main electrical switchgear through underground conduits. The
main electrical switchgear is located in exterior electrical closets at each building
(see site plan for locations). The main electrical switchgear is rated at 400 amps
and provides 120/208 V AC, 3 pole service to each apartment unit. Each
apartment is separately metered through a 70-amp main supplying a sub panel
located in apartment unit master bedroom walls. Each building also contains a 20
amp house main. Interior wiring noted was observed to be copper and is Romex
type wiring. Surface incandescent fixtures provide the interior lighting. SBC
provides telephone trunk lines.
In general, the electrical systems for the Subject Property, including
switchboards, panel boards, lighting and wiring systems appear in fair condition
and adequately sized for the current use of the apartments. Management reported
no problems and/or deficiencies with electrical systems.
3.) Conditions and recommendations on plumbing types, condition of fixtures and plumbing
system in general.
LANOAMERICA ASSESSMENT CORPORATION
1320 HARBOR BAY PARKWAY #260 ALAMEDA, CALIFORNIA 94502 TELEPHONE: 510.337 .2B55
FAC5IMILE:51 0.337,2865
WWW.NA-CORP COM
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Planning Division I
Department
Development Processing
cm OF
CHUIA VISfA
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a City of Chula Vista election must be filed, The following information
must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
BA-
2. If any person. identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with
a $2000 investment in the business (corporation/partnership) entity.
['r~Uj'd E. ~ICo)(Vl
:J On ~i)CL- [l:~efVlOe
3. If any person. identified pursuant to (1) above is a non-profit organization or 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.
~Pr
4.
Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter.
wcs~ f'l\o.nc~~t Co\'"\SVdVI'1t-s
5.
Has any person. associated with this contract had any financial dealings with an official" of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes_ NO~
If Yes, briefly describe the nature of the financial interest the official.. may have in this contract.
6.
Have you made a contributi~more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No f- Yes _ If yes, which Council member?
276 Fourth Avenue
cA1fAG+taR~NY191I I
(619) 691-5101
..~
--- --
~~~~
cm OF
CHUrA VISTA
ann
n g
& B u i I d I '.1 g
Planning Division
Department
Development Processing
Disclosure Statement - Page 2
APPLlCA rlON APPENDIX 8
7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City of Chula Vista in the
past twelve (1v2yp,onths? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes No r
- -,--
If Yes, which officia'.... and what was the nature of item provided?
Date:
IZ~ !2{O~
,
Signat e of Contractor/Applicant
JO~h Scof2icrtl-,
type name 0 Contractor/Applicant
Print or
..
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit.
**
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commission, or committee of the City, employee, or staff members.
276 Fou rth Avenue
Chula Vista
California
91910
(619) 691-5101
Dec 09 04 10: 1?a
David Malcolm
619-5.:11-0969
p.2
-:-..k/.7
I .........; 1,-- ...;
pes ,)~-O(~
0'<(... (~5" - 0 /~
Dcccmbcr 7, 2004
City ofChula Vista .
PllIDDing & Building D~t
Attention: 10hn C. Schmitz
276 Fourth Avenue - MS P-lOO
Cbula Vista., CA 91910
RE: .307 Orange Avenue, CbuJ. Vista, CA 91910
Dear Mr. Schmitz:
I am writing this Jetter to )'Ou in reguds to the property locattd at 307 Orange Avenue in
the City of Chula Vista.. Dan Tomasi is working with Oav;d Malcolm on th;sprojcct and
I am requesting that you allow Mr. Tomasi and hi 5 staff access 10 all and any iDformation
or mes as the pertain to this property aDd the pet111it for.condo conversion. Mr. Tomasi
will be: taking over the ide that Mr. lac Scarlotti was previousl y in charge o(
Please feel free to call with any questions
Sin~lY.~
,~,l/tH)au
David Malcolm
California Laws: Government Code> Section 65915-65918
Page 1 of7
around 1he cQJ')!td
Home> California L,aws > Government Code> Section 65915-65918
{Caution}
CALIFORNIA GOVERNMENT CODE
65915. (a) When an applicant seeks a density bonus for a housing development within, or for the donation of
land for housing within, the jurisdiction of a city, county, or city and county, that local government shall provide
the applicant incentives or concessions for the production of housing units and child care facilities as prescribed
in this section. All cities, counties, or cities and counties shall adopt an ordinance that specifies how compliance
with this section will be implemented.
(b) (1) A city, county, or city and county shall grant one density bonus, the amount of which shall be as
specified in subdivision (g), and incentives or concessions, as described in subdivision (d), when an applicant for
a housing development seeks and agrees to construct a housing development, excluding any units permitted by
the density bonus awarded pursuant to this section, that will contain at least anyone of the following:
(A) Ten percent of the total units of a housing development for lower income households, as defined in
Section 50079.5 of the Health and Safety Code.
(6) Five percent of the total units of a housing development for very low income households, as defined in
Section 50105 of the Health and Safety Code.
(C) A senior citizen housing development as defined in Sections 51.3 and 51.12 of the Civil Code, or
mobilehome park that limits residency based on age requirements for housing for older persons pursuant to
Section 798.76 or 799.5 of the Civil Code.
(D) Ten percent of the total dwelling units in a common interest development as defined in Section 1351 of
the Civil Code for persons and families of moderate income, as defined in Section 50093 of the Health and Safety
Code, provided that all units in the development are offered to the public for purchase.
(2) For purposes of calculating the amount of the density bonus pursuant to subdivision (f), the applicant who
requests a density bonus pursuant to this subdivision shall elect whether the bonus shall be awarded on the basis
of subparagraph (A), (6), (C), or (D) of paragraph (1).
(c) (1) An applicant shall agree to, and the city, county, or city and county shall ensure, continued
affordability of all low-and very low income units that qualified the applicant for the award of the density bonus
for 30 years or a longer period of time if required by the construction or mortgage financing assistance program,
mortgage insurance program, or rental subsidy program. Rents for the lower income density bonus units shall be
set at an affordable rent as defined in Section 50053 of the Health and Safety Code. Owner-occupied units shall
be available at an affordable housing cost as defined in Section 50052.5 of the Health and Safety Code.
(2) An applicant shall agree to, and the city, county, or city and county shall ensure that, the initial occupant
of the moderate-income units that are directly related to the receipt of the density bonus in the common
interest development, as defined in Section 1351 of the Civil Code, are persons and families of moderate
income, as defined in Section 50093 of the Health and Safety Code, and that the units are offered at an
affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code. The local
government shall enforce an equity-sharing agreement, unless it is in conflict with the requirements of another
public funding source or law. The following apply to the equity-sharing agreement:
(A) Upon resale, the seller of the unit shall retain the value of any improvements, the downpayment, and the
A 11 ACH M"8NT
3
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seller's proportionate share of appreciation. The local government shall recapture any initial subsidy and its
proportionate share of appreciation, which shall then be used within three years for any of the purposes
described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership.
(B) For purposes of this subdivision, the local government's initial subsidy shall be equal to the fair market
value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus
the amount of any downpayment assistance or mortgage assistance. If upon resale the market value is lower than
the initial market value, then the value at the time of the resale shall be used as the initial market value.
(C) For purposes of this subdivision, the local government's proportionate share of appreciation shall be equal
to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale.
(d) (1) An applicant for a density bonus pursuant to subdivision (b) may submit to a city, county, or city and
county a proposal for the specific incentives or concessions that the applicant requests pursuant to this section,
and may request a meeting with the city, county, or city and county. The city, county, or city and county shall
grant the concession or incentive requested by the applicant unless the city, county, or city and county makes a
written finding, based upon substantial evidence, of either of the following:
(A) The concession or incentive is not required in order to provide for affordable housing costs, as defined in
Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in
subdivision (c).
(B) The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of
subdivision (d) of Section 65589.5, upon public health and safety or the physical environment or on any real
property that is listed in the California Register of Historical Resources and for which there is no feasible method
to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable
to low- and moderate-income households.
(2) The applicant shall receive the following number of incentives or concessions:
(A) One incentive or concession for projects that include at least 10 percent of the total units for lower
income households, at least 5 percent for very low income households, or at least 10 percent for persons and
families of moderate income in a common interest development.
(B) Two incentives or concessions for projects that include at least 20 percent of the total units for lower
income households, at least 10 percent for very low income households, or at least 20 percent for persons and
families of moderate income in a common interest development.
(C) Three incentives or concessions for projects that include at least 30 percent of the total units for lower
income households, at least 15 percent for very low income households, or at least 30 percent for persons and
families of moderate income in a common interest development.
(3) The applicant may initiate judicial proceedings if the city, county, or city and county refuses to grant a
requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density
bonus, incentive, or concession is in violation of this section, the court shall award the plaintiff reasonable
attorney's fees and costs of suit. Nothing in this subdivision shall be interpreted to require a local government to
grant an incentive or concession that has a specific, adverse impact, as defined in paragraph (2) of subdivision
(d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible
method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be
interpreted to require a local government to grant an incentive or concession that would have an adverse impact
on any real property that is listed in the California Register of Historical Resources. The city, county, or city and
county shall establish procedures for carrying out this section, that shall include legislative body approval of the
means of compliance with this section. The city, county, or city and county shall also establish procedures for
waiving or modifying development and zoning standards that would otherwise inhibit the utilization of the
density bonus on specific sites. These procedures shall include, but not be limited to, such items as minimum lot
size, side yard setbacks, and placement of public works improvements.
(e) In no case may a city, county, or city and county apply any development standard that will have the
effect of precluding the construction of a development meeting the criteria of subdivision (b) at the densities or
with the concessions or incentives permitted by this section. An applicant may submit to a city, county, or city
and county a proposal for the waiver or reduction of development standards and may request a meeting with the
city, county, or city and county. If a court finds that the refusal to grant a waiver or reduction of development
standards is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of
suit. Nothing in this subdivision shall be interpreted to require a local government to waive or reduce
development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph
(2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is
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no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision
shall be interpreted to require a local government to waive or reduce development standards that would have an
adverse impact on any real property that is listed in the California Register of Historical Resources.
(f) The applicant shall show that the waiver or modification is necessary to make the housing units
economically feasible.
(g) For the purposes of this chapter, "density bonus" means a density increase over the otherwise maximum
allowable residential density under the applicable zoning ordinance and land use element of the general plan as
of the date of application by the applicant to the city, county, or city and county. The applicant may elect to
accept a lesser percentage of density bonus. The amount of density bonus to which the applicant is entitled shall
vary according to the amount by which the percentage of affordable housing units exceeds the percentage
established in subdivision (b).
(1) For housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b), the
density bonus shall be calculated as follows: Percentage Low-Income Percentage Density Bonus Units 102011
21.5122313 24.514261527.517 30.518321933.52035
(2) For housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), the
density bonus shall be calculated as follows: Percentage Very Low Percentage Density Bonus Income Units 5 20 6
22.5725827.59301032.511 35
(3) For housing developments meeting the criteria of subparagraph (C) of paragraph (1) of subdivision (b), the
density bonus shall be 20 percent.
(4) For housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), the
density bonus shall be calculated as follows: Percentage Moderate- Percentage Density Bonus Income Units 10 5
11612713 8149151016111712 1813 19142015211622172318241925202621 2722 28 23 29 24 30
2531 2632273328342935303631 37323833 39 344035
(5) All density calculations resulting in fractional units shall be rounded up to the next whole number. The
granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, local
coastal plan amendment, zoning change, or other discretionary approval. As used in subdivision (b), "total units"
or "total dwelling units" does not include units permitted by a density bonus awarded pursuant to this section or
any local law granting a greater density bonus. The density bonus provided by this section shall apply to housing
developments consisting of five or more dwelling units.
(h) (1) When an applicant for a tentative subdivision map, parcel map, or other residential development
approval donates land to a city, county, or city and county as provided for in this subdivision, the applicant shall
be entitled to a 15-percent increase above the otherwise maximum allowable residential density under the
applicable zoning ordinance and land use element of the general plan for the entire development, as follows:
Percentage Very Low Percentage Density Bonus Income 10 1511 1612 1713 18 14 19 15201621 1722182319
24202521 2622272328242925302631 2732283329343035
(2) This increase shall be in addition to any increase in density mandated by subdivision (b), up to a maximum
combined mandated density increase of 35 percent if an applicant seeks both the increase required pursuant to
this subdivision and subdivision (b). All density calculations resulting in fractional units shall be rounded up to
the next whole number. Nothing in this subdivision shall be construed to enlarge or diminish the authority of a
city, county, or city and county to require a developer to donate land as a condition of development. An
applicant shall be eligible for the increased density bonus described in this subdivision if all of the following
conditions are met:
(A) The applicant donates and transfers the land no later than the date of approval of the final subdivision
map, parcel map, or residential development application.
(B) The developable acreage and zoning classification of the land being transferred are sufficient to permit
construction of units affordable to very low income households in an amount not less than 10 percent of the
number of residential units of the proposed development.
(C) The transferred land is at least one acre in size or of sufficient size to permit development of at least 40
units, has the appropriate general plan designation, is appropriately zoned for development as affordable
housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate
zoning and development standards to make the development of the affordable units feasible. No later than the
date of approval of the final subdivision map, parcel map, or of the residential development, the transferred
land shall have all of the permits and approvals, other than building permits, necessary for the development of
the very low income housing units on the transferred land, except that the local government may subject the
proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2
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California Laws: Government Code> Section 65915-65918
Page 4 of7
if the design is not reviewed by the local government prior to the time of transfer.
(D) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued
affordability of the units consistent with paragraphs (1) and (2) of subdivision (c), which shall be recorded on the
property at the time of dedication.
(E) The land is transferred to the local agency or to a housing developer approved by the local agency. The
local agency may require the applicant to identify and transfer the land to the developer.
(F) The transferred land shall be within the boundary of the proposed development or, if the local agency
agrees, within one-quarter mile of the boundary of the proposed development.
(i) (1) When an applicant proposes to construct a housing development that conforms to the requirements of
subdivision (b) and includes a child care facility that will be located on the premises of, as part of, or adjacent
to, the project, the city, county, or city and county shall grant either of the following:
(A) An additional density bonus that is an amount of square feet of residential space that is equal to or
greater than the amount of square feet in the child care facility.
(B) An additional concession or incentive that contributes significantly to the economic feasibility of the
construction of the child care facility.
(2) The city, county, or city and county shall require, as a condition of approving the housing development,
that the following occur:
(A) The child care facility shall remain in operation for a period of time that is as long as or longer than the
period of time during which the density bonus units are required to remain affordable pursuant to subdivision
(c).
(B) Of the children who attend the child care facility, the children of very low income households, lower
income households, or families of moderate income shall equal a percentage that is equal to or greater than the
percentage of dwelling units that are required for very low income households, lower income households, or
families of moderate income pursuant to subdivision (b).
(3) Notwithstanding any requirement of this subdivision, a city, county, or a city and county shall not be
required to provide a density bonus or concession for a child care facility if it finds, based upon substantial
evidence, that the community has adequate child care facilities.
(4) "Child care facility," as used in this section, means a child day care facility other than a family day care
home, including, but not limited to, infant centers, preschools, extended day care facilities, and schoolage child
care centers.
(j) "Housing development," as used in this section, means one or more groups of projects for residential units
constructed in the planned development of a city, county, or city and county. For the purposes of this section,
"housing development" also includes a subdivision or common interest development, as defined in Section 1351 of
the Civil Code, approved by a city, county, or city and county and consists of residential units or unimproved
residential lots and either a project to substantially rehabilitate and convert an existing commercial building to
residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d)
of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units.
For the purpose of calculating a density bonus, the residential units do not have to be based upon individual
subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing
development other than the areas where the units for the lower income households are located.
(k) The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general
plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. This provision is
declaratory of existing law.
(I) For the purposes of this chapter, concession or incentive means any of the following:
(1) A reduction in site development standards or a modification of zoning code requirements or architectural
design requirements that exceed the minimum building standards approved by the California Building Standards
Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety
Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of
vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and
actual cost reductions.
(2) Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or
other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or
other land uses are compatible with the housing project and the existing or planned development in the area
where the proposed housing project will be located.
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(3) Other regulatory incentives or concessions proposed by the developer or the city, county, or city and
county that result in identifiable, financially sufficient, and actual cost reductions. This subdivision does not
limit or require the provision of direct financial incentives for the housing development, including the provision
of publicly owned land, by the city, county, or city and county, or the waiver of fees or dedication requirements.
(m) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or
application of the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources
Code.
(n) Nothing in this section shall be construed to prohibit a city, county, or city and county from granting a
density bonus greater than what is described in this section for a development that meets the requirements of
this section or from granting a proportionately lower density bonus than what is required by this section for
developments that do not meet the requirements of this section.
(0) For purposes of this section, the following definitions shall apply:
(1) "Development standard" includes site or construction conditions that apply to a residential development
pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition,
law, policy, resolution, or regulation.
(2) "Maximum allowable residential density" means the density allowed under the zoning ordinance, or if a
range of density is permitted, means the maximum allowable density for the specific zoning range applicable to
the project.
(p) (1) Upon the request of the developer, no city, county, or city and county shall require a vehicular
parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of subdivision
(b), that exceeds the following ratios:
(A) Zero to one bedrooms: one onsite parking space.
(B) Two to three bedrooms: two onsite parking spaces.
(C) Four and more bedrooms: two and one-half parking spaces.
(2) If the total number of parking spaces required for a development is other than a whole number, the
number shall be rounded up to the next whole number. For purposes of this subdivision, a development may
provide "onsite parking" through tandem parking or uncovered parking, but not through onstreet parking.
(3) This subdivision shall apply to a development that meets the requirements of subdivision (b) but only at
the request of the applicant. An applicant may request additional parking incentives or concessions beyond those
provided in this section, subject to subdivision (d).
65915.5. (a) When an applicant for approval to convert apartments to a condominium project agrees to
provide at least 33 percent of the total units of the proposed condominium project to persons and families of low
or moderate income as defined in Section 50093 of the Health and Safety Code, or 15 percent of the total units
of the proposed condominium project to lower income households as defined in Section 50079.5 of the Health
and Safety Code, and agrees to pay for the reasonably necessary administrative costs incurred by a city, county,
or city and county pursuant to this section, the city, county, or city and county shall either (1) grant a density
bonus or (2) provide other incentives of equivalent financial value. A city, county, or city and county may place
such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as
it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to
subsequent purchasers who are persons and families of low and moderate income or lower income households.
(b) For purposes of this section, "density bonus" means an increase in units of 25 percent over the number of
apartments, to be provided within the existing structure or structures proposed for conversion.
(c) For purposes of this section, "other incentives of equivalent financial value" shall not be construed to
require a city, county, or city and county to provide cash transfer payments or other monetary compensation but
may include the reduction or waiver of requirements which the city, county, or city and county might otherwise
apply as conditions of conversion approval.
(d) An applicant for approval to convert apartments to a condominium project may submit to a city, county,
or city and county a preliminary proposal pursuant to this section prior to the submittal of any formal requests
for subdivision map approvals. The city, county, or city and county shall, within 90 days of receipt of a written
proposal, notify the applicant in writing of the manner in which it will comply with this section. The city,
county, or city and county shall establish procedures for carrying out this section, which shall include legislative
body approval of the means of compliance with this section.
(e) Nothing in this section shall be construed to require a city, county, or city and county to approve a
proposal to convert apartments to condominiums.
(f) An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments
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Page 6 of7
proposed for conversion constitute a housing development for which a density bonus or other incentives were
provided under Section
65915.
65916. Where there is a direct financial contribution to a housing development pursuant to Section 65915
through participation in cost of infrastructure, write-down of land costs, or subsidizing the cost of construction,
the city, county, or city and county shall assure continued availability for low- and moderate-income units for 30
years. When appropriate, the agreement provided for in Section 65915 shall specify the mechanisms and
procedures necessary to carry out this section.
65917. In enacting this chapter it is the intent of the Legislature that the density bonus or other incentives
offered by the city, county, or city and county pursuant to this chapter shall contribute significantly to the
economic feasibility of lower income housing in proposed housing developments. In the absence of an agreement
by a developer in accordance with Section 65915, a locality shall not offer a density bonus or any other incentive
that would undermine the intent of this chapter.
65917.5. (a) As used in this section, the following terms shall have the following meanings:
(1) "Child care facility" means a facility installed, operated, and maintained under this section for the
nonresidential care of children as defined under applicable state licensing requirements for the facility.
(2) "Density bonus" means a floor area ratio bonus over the otherwise maximum allowable density permitted
under the applicable zoning ordinance and land use elements of the general plan of a city, including a charter
city, city and county, or county of:
(A) A maximum of five square feet of floor area for each one square foot of floor area contained in the child
care facility for existing structures.
(6) A maximum of 10 square feet of floor area for each one square foot of floor area contained in the child
care facility for new structures. For purposes of calculating the density bonus under this section, both indoor and
outdoor square footage requirements for the child care facility as set forth in applicable state child care
licensing requirements shall be included in the floor area of the child care facility.
(3) "Developer" means the owner or other person, including a lessee, having the right under the applicable
zoning ordinance of a city council, including a charter city council, city and county board of supervisors, or
county board of supervisors to make application for development approvals for the development or
redevelopment of a commercial or industrial project.
(4) "Floor area" means as to a commercial or industrial project, the floor area as calculated under the
applicable zoning ordinance of a city council, including a charter city council, city and county board of
supervisors, or county board of supervisors and as to a child care facility, the total area contained within the
exterior walls of the facility and all outdoor areas devoted to the use of the facility in accordance with
applicable state child care licensing requirements.
(b) A city council, including a charter city council, city and county board of supervisors, or county board of
supervisors may establish a procedure by ordinance to grant a developer of a commercial or industrial project,
containing at least 50,000 square feet of floor area, a density bonus when that developer has set aside at least
2,000 square feet of floor area and 3,000 outdoor square feet to be used for a child care facility. The granting of
a bonus shall not preclude a city council, including a charter city council, city and county board of supervisors,
or county board of supervisors from imposing necessary conditions on the project or on the additional square
footage. Projects constructed under this section shall conform to height, setback, lot coverage, architectural
review, site plan review, fees, charges, and other health, safety, and zoning requirements generally applicable
to construction in the zone in which the property is located. A consortium with more than one developer may be
permitted to achieve the threshold amount for the available density bonus with each developer's density bonus
equal to the percentage participation of the developer. This facility may be located on the project site or may
be located offsite as agreed upon by the developer and local agency. If the child care facility is not located on
the site of the project, the local agency shall determine whether the location of the child care facility is
appropriate and whether it conforms with the intent of this section. The child care facility shall be of a size to
comply with all state licensing requirements in order to accommodate at least 40 children.
(c) The developer may operate the child care facility itself or may contract with a licensed child care
provider to operate the facility. In all cases, the developer shall show ongoing coordination with a local child
care resource and referral network or local governmental child care coordinator in order to qualify for the
density bonus.
(d) If the developer uses space allocated for child care facility purposes, in accordance with subdivision (b),
for any purposes other than for a child care facility, an assessment based on the square footage of the project
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may be levied and collected by the city council, including a charter city council, city and county board of
supervisors, or county board of supervisors. The assessment shall be consistent with the market value of the
space. If the developer fails to have the space allocated for the child care facility within three years, from the
date upon which the first temporary certificate of occupancy is granted, an assessment based on the square
footage of the project may be levied and collected by the city council, including a charter city council, city and
county board of supervisors, or county board of supervisors in accordance with procedures to be developed by
the legislative body of the city council, including a charter city council, city and county board of supervisors, or
county board of supervisors. The assessment shall be consistent with the market value of the space. Any penalty
levied against a consortium of developers shall be charged to each developer in an amount equal to the
developer's percentage square feet participation. Funds collected pursuant to this subdivision shall be deposited
by the city council, including a charter city council, city and county board of supervisors, or county board of
supervisors into a special account to be used for childcare services or child care facilities.
(e) Once the child care facility has been established, prior to the closure, change in use, or reduction in the
physical size of, the facility, the city, city council, including a charter city council, city and county board of
supervisors, or county board of supervisors shall be required to make a finding that the need for child care is no
longer present, or is not present to the same degree as it was at the time the facility was established.
(f) The requirements of Chapter 5 (commencing with Section 66000) and of the amendments made to Sections
53077, 54997, and 54998, by Chapter 1002 of the Statutes of 1987 shall not apply to actions taken in accordance
with this section.
(g) This section shall not apply to a voter-approved ordinance adopted by referendum or initiative.
65918. The provisions of this chapter shall apply to charter cities.
Important caution: AroundTheCapitol.com mirrors the information on California laws available on the state's public computer server,
Laws change frequently, and thus what you see on the computer screen should not be relied upon as legal advice. To be certain, check
in with a lawyer. AroundTheCapitol.com is not liable for any misinformation that users obtain from using this site.
http://www.aroundthecapito1.com/code/code.html ?sec=gov&codesection=65915-65918
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CITY OF
CHULA VISTA
PLANNING & BUILDING DEPARTMENT
Date:
June 8, 2006
To:
Chairman Madrid, and Planning Commissioners
From:
Jim Hare, Assistant Planning Dire
Mami Borg, Environmental Projec s Manage~
Via:
Subject:
TRANSMITTAL OF FINAL SUBSEQUENT EIR #05-02
EastLake III Senior Housing
Attached for your review is a copy ofthe Final Subsequent Environmental Impact Report (FSEIR) for
the EastLake III Senior Housing Project (#05-02). The EastLake III Senior Housing Sectional Planning
Area (SPA) Amendment has been transmitted to you separately, This item will be considered at the
June 14, 2006 Planning Commission hearing. Recognizing the volumes of information contained within
the various documents you will receive, the purpose ofthis memorandum is to enable you to focus your
time and attention in the review of FSEIR #05-02.
In order to refresh your memory regarding the project and scope ofthe Draft SEIR, it is suggested that
you review the Section ],0, Executive Summary and Section 3.0, Project Description. Revisions to the
Draft EIR since public review ofthe document are discussed in the Responses to Comments contained in
the front ofthe FSEIR. These selected sections will provide you an overview ofthe proposed SPA Plan
Amendment and Tentative Map (TM), as well as a summary of the project impacts and issues raised
during public review of the document.
Note that no new significant environmental issues were raised during public review that were not
already addressed in the Draft SEIR. Further, none ofthe technical appendices changed as a result of
comments received during the public review period. We have not transmitted copies ofthe appendices
to you due to the volume of material. However, should you require copies ofthe Technical Appendices
or have any questions pertaining to the FSEIR for the EastLake III Senior Housing Project (#05-02),
please feel free to contact me at 409-5913.
1276 Fourth Avenue · MS P-1 01
Chula Vista, CA 91910
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PRIDE
AT WORK
www.chulavistaca.gov
@ Post-Consumer Recycled Paper
PLANNING COMMISSION AGENDA STATEMENT
Item: ~
Meeting Date: 6/14/06
ITEM TITLE:
Public Hearing: Consideration of the Final Subsequent Environmental
Impact Report (FSEIR #05-02) for the EastLake III Senior Housing
Project
BACKGROUND:
In accordance with the requirements of the California Environmental Quality Act (CEQA), a
Subsequent Environmental Impact Report (SEIR), CEQA Findings of Fact, and Mitigation
Monitoring and Reporting Program (MMRP) have been prepared for the EastLake III Senior
Housing Project (Project). This staff report discusses the content of FSEIR #05-02, focusing
primarily on those areas in which the majority of comments were received, FSEIR #05-02
contains responses to comments received during the public review period.
, RECOMMENDATION:
That the Planning Commission adopt Resolution EIR 05-02 recommending the City Council
certify that the final Subsequent Environmental Impact Report (FSEIR #05-02) for the EastLake
III Senior Housing Project has been prepared in accordance with the California Environmental
Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of
the City of Chula Vista; making certain findings of fact; adopting a Statement of Overriding
Considerations; and adopting a Mitigation Monitoring and Reporting Program (MMRP).
BOARDS/COMMISSIONS RECOMMENDATION:
The Resource Conservation Commission (RCC) reviewed the Draft SEIR #05-02 on May 15,
2006. The majority of the RCC comments focused on parking in the EastLake community as a
whole. After reviewing and discussing the document, the RCC found the document to be
adequate and in compliance with CEQA and voted (6-0-0-1) to recommend certification of
FSEIR #05-02 by the City Council. Specific responses to the RCC comments are provided in
FSEIR #05-02.
On May 31, 2006, the Planning Commission held a public hearing to close the public review
period for the Draft SEIR #05-02. Attached are the May 31, 2006 Planning Commission minutes
(Attachment 1). No members of the public commented on the FSEIR. Planning Commissioners
raised concerns regarding the proposed change in land use, water quality, the traffic impact at the
project driveway/Olympic Parkway intersection and transition between the project and open
space. The proposed change in land use from Commercial-Tourist to Multi-Family residential is
addressed in the Draft EIR with respect to conformance with the General Plan and EastLake III
General Development Plan. The Draft EIR concluded that the proposed land use would not
result in a significant impact related to plans and policies or land use compatibility. The
Page 2, Item:_
Meeting Date: 6/14/06
proposed site has been vacant for over 10 years. The applicant has indicated that the adopted
commercial tourist use has not been viable at this location due to lack of interest in the Olympic
Training Center as a tourist attraction. With respect to water quality, the Draft EIR recognized
the importance of the proximity of the project site to the Lower Otay Reservoir and the
potentially significant issues pertaining to water quality, The Draft EIR provides an analysis of
hydrology and water quality and identifies eleven mitigation measures to reduce the potential
water quality impact to below significance, including conformance with City of San Diego, City
of Chula Vista and State Water Resources Control Board policies and procedures, site grading,
requirements to irrigate with potable water, and application of Best Management Practices
(BMPs) to control runoff.
With respect to the significant impact at the project driveway/Olympic Parkway intersection, the
EIR requires a signal and relocation of the median to reduce the impact to below significance.
The transition between the proposed project and the adjacent open space is discussed in Section
5,1 (Land Use) and Section 5.2 (Landform Alteration and Aesthetics). In summary, the proposed
project is in conformance with the SPA pertaining to setback requirements. In addition, project
design features include tiered grading, varied building heights, rotated buildings and use of
recessed balconies and landscaping to reduce massing and transition the project "back" from the
reservoir and MSCP Preserve lands. Lastly, the project site is separated from the Preserve lands
by existing manufactured slopes that surround the site, the City's Greenbelt Trail system and
Wueste Road. Detailed responses to comments received from the Planning Commission are
provided in the FSEIR (Attachment 2).
Comments received during the public hearing, as well as any written comments received during
the 45 day public review period, have been responded to in FSEIR #05-02 (Attachment 2).
DISCUSSION:
The EastLake Company submitted an application requesting amendments to the General Plan,
EastLake III General Development Plan (GDP) and EastLake III Sectional Planning Area (SPA)
Plan for the proposed EastLake III Senior Housing Project. A Subsequent EIR was prepared that
evaluates the environmental effects of the proposed Project. The Project proposes development
of 494 "for sale" residential units in a gated, active senior community on 18.4 acres, with 1.2
acres of perimeter slopes remaining as open space.
The proposal calls for amendments to the:
. City of Chula Vista General Plan to change the land use designation of approximately
18.4 acres from Commercial Visitor to Residential High (18-27+dwelling units per acre
(du/ac));
. Eastlake III GDP to change the land use designation of 18.4 acres from Tourist
Commercial to Residential High (18-27+du/ac);
Page 3, Item:_
Meeting Date: 6/14/06
. EastLake III SPA to change the Site Utilization Plan designation of 18.4 acres from
Commercial-Tourist (C-2) to Multi-Family Seniors (VR-13), and amend the associated
regulatory documents, including the Design Guidelines, Public Facilities Finance Plan,
Water Conservation Plan, Air Quality Improvement Plan, and Affordable Housing
Program; and
. Planned Community District Map of 18.4 acres from Tourist Commercial (TC) to Multi-
Family Seniors (RMS) and amend the EastLake III PC District Regulations to
accommodate the changes in land use
The existing 1.2 acres of open space that comprises perimeter slopes will remain open space. All
proposed amendments to the General Plan, GDP and SPA are fully described in the Project staff
report.
CEQA Compliance
Because of the size, complexity of issues and extended buildout time frame of the EastLake
community, both the planning and environmental documentation associated with the EastLake
community have been tiered from the general to the specific. The first tier of planning and
approvals associated with the proposed project site was the approval of the Final EIR for
EastLake III, Olympic Training Center, EastLake Trails Prezone and Annexation (FEIR #89-09)
in October 1989. More recently, the Final Subsequent EIR for the EastLake III Woods and
Vistas Replanning Program and Subsequent Addendum (FSEIR #01-01) was approved in June
2001. The FSEIR #05-02 incorporates by reference and serves as a Subsequent EIR to the
FSEIR #01-01 as well as its associated Findings of Fact, Statement of Overriding Considerations
and MMRP,
Comments on the Draft EIR
Letters of comment were received on the Draft SEIR #05-02 from the following agencies and
indi viduals:
Chula Vista Elementary School District
United States Fish and Wildlife Service
California Department of Toxics Substance Control
The letters and responses are included in FSEIR #05-02 (Attachment 2).
Additional Revisions to Draft EIR
Minor typographical corrections and clarifications have been made to information contained in
the Draft SEIR; the Final SEIR reflects the corrected information. None of the corrections
resulted in modifications to conclusions regarding significance of impacts.
Page 4, Item:_
Meeting Date: 6/14/06
Findin2s of FSEIR #05-02
The Final EIR identified a number of direct and cumulative significant environmental effects (or
"impacts") that would result from the proposed Project. Some of these significant effects can be
fully mitigated through the adoption of feasible mitigation measures. Other impacts cannot be
avoided by the adoption of feasible mitigation measures. In order to approve the proposed
Project, a Statement of Overriding Considerations must be adopted. The Statement of Overriding
Considerations is included as a part of the proposed "Findings of Fact." Implementation of the
proposed Project will result in significant unmitigated impacts, which are listed below and
further described in the attached Findings of Fact and Statement of Overriding Considerations
(Attachment 3).
Summary of Environmental Impacts
The following discussion contains a summary of the impact conclusions for FSEIR #05-02.
Project level and cumulative impacts are identified and divided into three categories: significant
and unmitigated, significant and mitigated to less than significant, and less than significant.
Significant and Unmitigated Impacts
The significant, unmitigable impacts identified in the Eastlake III Senior Housing FSEIR (#05-
02) are either cumulative or regional in nature. Cumulative impacts are significant when the
Project is combined with other projects in the subregion, whereas an impact that is regional in
nature is beyond the sole control of the City of Chula Vista.
FSEIR #01-01 identified several significant and unmitigated impacts associated with the
development of the EastLake III Community. All identified significant and unmitigated impacts
associated with the proposed Project described below, are consistent with the previously
identified significant unmitigated impacts in the FSEIR #01-01. The Project does not result in
any new unmitigated impacts that were not already identified in the previous FSEIR #01-0 I.
Landform Alteration! Aesthetics
FSEIR #01-01 identified a significant unmitigable cumulative impact associated with landform
alteration and the change in visual character from open expanses of rolling hills to development,
The Chula Vista City Council adopted a Statement of Overriding Considerations for this impact.
Because the proposed Project's environmental analysis is tiered from FSEIR #01-0 I, this
significant cumulative impact related to landform alteration and aesthetics must be carried
forward for the proposed Project.
The proposed Project would contribute to the change in visual character of the western rim of the
Lower Otay Reservoir area. While the Project site has been graded and is no longer natural open
space, it is an undeveloped vacant site. The proposed Project would incrementally contribute to
Page 5, Item:_
Meeting Date: 6/14/06
the developed nature of the western rim of the reservoir. In conjunction with other existing,
developing or planning developments, the Project's contribution to the loss of undeveloped open
space would represent a significant, unmitigable cumulative impact.
Traffic/Circulation
FSEIR #01-01 concluded that significant cumulative traffic impacts associated with freeway
operations at 1-805 would occur from buildout of the EastLake III community. The Chula Vista
City Council adopted a Statement of Overriding Considerations for this impact. Because the
proposed Project's environmental analysis is tiered from FSEIR #01-01, this significant
cumulative impact related to transportation and circulation must be carried forward for the
proposed Project. Because the proposed Project is part ofthe buildout of the overall EastLake III
community, it would result in an incremental traffic contribution to the regional traffic from
buildout of the community. Thus, a significant cumulative unmitigable traffic impact to 1-805
would result from the proposed Project.
Air Quality
FSEIR #01-01 concluded that buildout of the EastLake III community would result in
significant, unmitigable air quality impacts. The Chula Vista City Council adopted a Statement
of Overriding Considerations for this impact. Because the proposed Project's environmental
analysis is tiered from FSEIR #01-01, this significant cumulative impact related to air quality
must be carried forward for the proposed Project. The proposed Project would contribute
incrementally to overall cumulative vehicular emissions generated by buildout of the EastLake
III community. Therefore, the proposed Project would contribute to the significant, unmitigated
cumulative air quality impacts of the region.
Significant and Mitigated to Less than Significant
Significant impacts were identified in the following environmental issue areas. Mitigation
measures required in the EIR would reduce the impacts to less than significant.
. Light/Glare (Direct and Cumulative)
. Geology/Soils (Direct and Cumulative)
. Water Quality/Hydrology (Direct and Cumulative)
. Traffic/Circulation (Direct)
. Air Quality (Direct)
. Noise (Direct and Cumulative)
. Public ServiceslUtilities (Direct and Cumulative)
. Biological Resources (Direct and Cumulative)
. Paleontological Resources (Direct and Cumulative)
Page 6, Item:_
Meeting Date: 6/14/06
Less than Significant Impacts
Less than significant impacts were identified in the following environmental issue areas:
. Agricultural Resources
. Biological Resources
. Cultural Resources
. Hazards/Risk of Upset
. Mineral Resources
. Housing/Population
CONCLUSIONS:
At the time FSEIR #01-01 was certified and adopted in June 2001, the City Council determined
that substantial social, environmental and economic benefits of the EastLake III project
outweighed the significant and unmitigable impacts associated with the project, and a Statement
of Overriding Considerations was approved. The proposed Project would not result in impacts
beyond what was identified in FSEIR #01-01.
All feasible mitigation measures with respect to Project impacts have been included in FSEIR
#05-02. As described above, the Project will result in unmitigable impacts that would remain
significant after the implementation of these measures; therefore, in order to approve the Project,
the City must adopt a Statement of Overriding Considerations pursuant to CEQA Guidelines
Sections 15043 and 15093 (see Attachment 3, Findings of Fact and Statement of Overriding
Considerations, Section XI).
The City has examined a reasonable range of alternatives to the proposed Project. CEQA
requires the examination of Project alternatives that could reduce or avoid significant impacts
even if the alternatives would not accomplish the Project objectives. The EIR evaluated three
alternatives: the No Development Alternative, Existing Land Use Alternative, and Reduced
Density Alternative. The No Development Alternative and the Reduced Density Alternative
were identified as the environmentally superior alternatives even though neither of these
alternatives would meet the Project objectives (see Attachment 3, Findings of Fact and Statement
of Overriding Considerations, Section X). Neither alternative would assure a high quality
development, would be consistent with City and Community goals and objectives, the Chula
Vista General Plan and EastLake III General Development Plan or would provide for diverse
land uses in the EastLake community.
FSEIR #05-02 meets the requirements of CEQA, and therefore staff recommends that the
Planning Commission find that the Final SEIR has been completed in compliance with CEQA
and adopt the Draft Findings of Fact, Statement of Overriding Considerations and MMRP and
also recommend the City Council do the same.
Attachments
I. Planning Commission Minutes - May 31, 2006
2. Final EIR 05-02 (bound document), including:
a. Comments and Responses
b. MMRP
3. Findings of Fact and Statement of Overriding Considerations
Page 7, Item:_
Meeting Date: 6/14/06
~tf:l.t:I1lWh/; I
Verbatim Transcript of the
Special Planning Commission Meeting
on May 31, 2006 to consider
EIR 05-02; Close of 45-day public review period for the Draft
Subsequent Environmental Impact Report and the Eastlake III
Senior Housing Project
Marni Borg, Environmental Projects Manager for the Eastlake III Senior Housing Project
gave an opening statement announcing the purpose for the meeting, as well as a brief
overview of the DEIR.
COMMISSION COMMENTS:
Cmr. Bensoussan - In your presentation you said 490 units and in the document it says
1,235 new residents, so residents meaning if you take 490 units you get 1,200 and
something residents?
Marni Borg - They're one, two and three bedroom units, so we're projecting a certain
number of residents per unit.
Cmr. Bensoussan - I have a couple of concerns. We talk in the document going from
Commercial Tourist to Residential High Density. I'd like to know what mitigation has
happened to provide a replacement for the Tourist Commercial; has that happened?
Because when the General Plan was developed, that area was earmarked for Commercial
Tourist because it's a prime spot next to the Olympic Training Center and the lakes and so
it would have been a natural spot for a resort hotel and restaurant to service the training
center and the tourist that come.
Jim Hare - Cmf. Bensoussan; what we'll do is we'll take these questions as we've
indicated and we're not going to respond to you directly this evening. So you put these
questions on the record and they are what environmental staff is obligated to respond to in
the final document.
Cmr. Bensoussan - Okay, I understand. That's one because I didn't see that addressed in
here and it mayor may not be any environmental issues and it may be a gray area, but to
me its an environmental issue because we're asking for a General Plan Amendment and I'd
like to see how that's mitigated; the loss of that structure for that zoning.
In the table of the impacts it says under transportation and traffic the level of service at the
project driveway in Olympic Parkway will degrade to F as a result of the project from
vehicles entering and exiting project. And then we have the mitigation measures, but then
it says Level of Significance after Mitigation, Less than Significant, but I'd like to know
what that translates to in terms of grade level; is it F, D, E; what is it. So maybe you can
respond to that.
Page 2
I'd like to know... throughout the General Plan and the Zoning, we talk about transitions.
We have transitions between low rise and high-rise and low density and high density and
some middle areas, and so this high density goes right next to Open Space, so I'd like to
know what mitigation measures are in place for that transition. I didn't see that anywhere
being addressed.
Another thing that concerns me is that the mitigation measures to ensure that there won't
be any degradation of the water quality since this is located next to an extremely sensitive
water source; I know this was a concern at the Resource Conservation Commission and I
looked at the mitigation measures and I wasn't wholely convinced that this...maybe
Marilyn can address. ..oh, not now; maybe later. I don't think that that's delved into
enough in what monitoring would take place once the project is built; if during the
landscaping some architect or maintenance person decides to use certain types of fertilizers
that are toxic and they end up in the water source; I think those are issues that are not
addressed well enough.
I had some questions about the senior market rate housing, but I guess that's more project-
specific and not environmental-specific. So I'll reserve those, so that's about it.
Cmr. Felber - Are there any more questions from the Commission? If not, then I'll close
the public hearing on the Draft ElR.
RESOLUTION NO. EIR 05-02
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHULA YIST A CERTIFYING THE FINAL SUBSEQUENT
ENVIRONMENTAL IMP ACT REPORT (SEIR 05-02) FOR THE
EASTLAKE III SENIOR HOUSING PROJECT; MAKING CERT AIN
FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS; AND ADOPTING A MITIGATION MONITORING
AND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AND RECOMMENDING THAT
THE CITY COUNCIL CERTIFY FSEIR #05-02
WHEREAS, The EastLake Company submitted an application requesting approvals for
amendments to the General Plan, EastLake III General Development Plan and EastLake III
Sectional Planning Area Plan for the EastLake III Senior Housing Project ("Project"); and
WHEREAS, a Draft Subsequent Environmental Impact Report (SEIR #05-02) was
issued for public review on April 14, 2006, and was processed through the State Clearinghouse;
and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing
for Draft SEIR #05-02 on May 31, 2006 to close the public review period; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing
for the Draft SEIR #05-02 on June 14, 2006; and
WHEREAS, a Final Subsequent Environmental Impact Report (FSEIR #05-02) was
prepared on the Project; and
WHEREAS, FSEIR #05-02 incorporates, by reference, the prior EIRs that address the
subject property including the Final EIR for EastLake III, Olympic Training Center, EastLake
Trails Prezone and Annexation (FEIR #89-09) certified in October 1989 and the Final
Subsequent EIR for the EastLake III Woods and Vistas Replanning Program and Subsequent
Addendum (FSEIR #01-01) certified in June 2001 as well as their associated Findings of Fact,
Statement of Overriding Considerations and Mitigation Monitoring and Reporting Programs; and
WHEREAS, to the extent that the Findings of Fact and the Statement of Overriding
Considerations for the Project, dated June 2006 (Exhibit "A" of this Resolution, a copy of which
is on file in the office of the City Clerk), conclude that proposed mitigation measures outlined in
FSEIR #05-02 are feasible and have not been modified, superseded or withdrawn, the City of
Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement
those measures. These findings are not merely information or advisory, but constitute a binding
set of obligations that will come into effect when the City adopts the resolution approving the
Project. The adopted mitigation measures contained within the Mitigation Monitoring and
Reporting Program Section of FSEIR #05-02 are expressed as conditions of approval. Other
requirements are referenced in the Mitigation Monitoring and Reporting Program adopted
concurrently with these Findings of Fact and will be effectuated through the process of
implementing the Project.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING
COMMISSION of the City of Chula Vista does hereby find, determine, resolve and order as
follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearings on Draft SEIR #05-02 held on May 31, 2006 and June 14, 2006, as well
as the minutes and resolutions resulting therefrom, are hereby incorporated into the
record of this proceeding. These documents, along with any documents submitted to the
decision-makers, including documents specified in Public Resources Code Section
21167.6, subdivision(s), shall comprise the entire record of proceedings for any claims
under the California Environmental Quality Act ("CEQA") (Public Resources Code
921000 et seq.).
II. FSEIR #05-02 CONTENTS
That the FSEIR #05-02 consists of the following:
1, Subsequent EIR for the Project (including technical appendices);
2. Comments received during public review and responses; and
3. Mitigation Monitoring and Reporting Program
(All hereafter collectively referred to as "FSEIR #05-02")
III. ACCOMP ANYING DOCUMENT TO FSEIR #05-02
1. Findings of Fact and Statement of Overriding Considerations
IV. CERTIFICATION OF COMPIANCE WITH CALIFORNIA
ENVIRONMENTAL QUALITY ACT
That the Planning Commission does hereby find that FSEIR #05-02, the Findings of Fact
and the Statement of Overriding Considerations (Exhibit "A" to this Resolution, a copy
which is on file with the office of the City Clerk), and the Mitigation Monitoring and
Reporting Program are prepared in accordance with the requirements of CEQA (Pub.
Resources Code, g21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14
g 15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista.
2
V. INDEPENDENT JUDGMENT OF PLANNING COMMISSION
That the Planning Commission finds that the FSEIR #05-02 reflects the independent
judgment of the City of Chula Vista Planning Commission.
VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING
PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS
A. Adoption of Findings of Fact
The Planning Commission does hereby approve, accepts as its own, incorporate
as if set forth in full herein, and make each and everyone of the findings
contained in the Findings of Fact, Exhibit "A" of this Resolution, a copy of which
is on file in the office of the City Clerk.
B. Statement of Overriding Considerations
Even after the adoption of all feasible mitigation measures and any feasible
alternatives, certain significant or potentially significant environmental effects
caused by the Project, or cumulatively, will remain. Therefore, the Planning
Commission of the City of Chula Vista hereby issues, pursuant to CEQA
Guidelines Section 15093, a Statement of Overriding Considerations in the form
set forth in Exhibit "A," a copy of which is on file in the office of the City Clerk,
identifying the specific economic, social and other considerations that render the
unavoidable significant adverse environmental effects acceptable.
C. Mitigation Measures Feasible and Adopted
As more fully identified and set forth in FSEIR #05-02 and in the Findings of Fact
for this Project, which is Exhibit "A" to this Resolution, a copy of which is on file
in the office of the City Clerk, the Planning Commission hereby finds pursuant to
Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that
the mitigation measures described in the above referenced documents are feasible
and will become binding upon the entity (such as the Project proponent or the
City) assigned thereby to implement the same.
D. Infeasibility of Alternatives
As more fully identified and set forth in FSEIR #05-02 and in the Findings of
Fact, Section XII, for this Project, which is Exhibit "A" to this Resolution, a copy
of which is on file in the office of the City Clerk, the Planning Commission
hereby finds pursuant to Public Resources Code Section 21081 and CEQA
Guidelines Section 15091 that alternatives to the Project, which were identified in
FSEIR #05-02, were not found to reduce impacts to a less than significant level or
meet the Project objectives.
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E. Adoption of Mitigation Monitoring and Reporting Program
As required by the Public Resources Code Section 21081.6, the Planning
Commission hereby adopts the Mitigation Monitoring and Reporting Program set
forth in FSEIR #05-02. The Planning Commission further finds that the Program
is designed to ensure that, during Project implementation, the permittee/project
applicant and any other responsible parties implement the project components and
comply with the mitigation measures identified in the Findings of Fact and the
Mitigation Monitoring and Reporting Program.
VII. NOTICE OF DETERMINATION
That the Environmental Review Coordinator of the City of Chula Vista is directed after
City Council approval of this Project to ensure that a Notice of Determination is filed
with the County Clerk of the County of San Diego. These documents, along with any
documents submitted to the decision-makers, including documents specified in Public
Resources Code Section 21167,6, subdivision(s), shall comprise the entire record of
proceedings for any claims under the California Environmental Quality Act ("CEQA")
(Public Resources Code 921000 et seq.).
BE IT FURTHER RESOLVED THAT the Planning Commission of the City ofChula
Vista finds that FSEIR #05-02, the Findings of Fact and Statement of Overriding Considerations
(Exhibit "A" to this Resolution, a copy which is on file with the office of the City Clerk), and
Mitigation Monitoring and Reporting Program have been prepared in accordance with the
requirements of CEQA (Public Resources Code Section 21000 et seq.), CEQA Guidelines
(California Code Regs. Title 14 Section 15000 et seq.), and the Environmental Review Procedures
of the City of Chula Vista, and therefore should be certified and further recommends to the City
Council that FSEIR #05-02, the Findings of Fact and Statement of Overriding Considerations
(Exhibit "A" to this Resolution, a copy which is on file with the office of the City Clerk), and the
Mitigation Monitoring and Reporting Program have been prepared in accordance with the
requirement of CEQA (Pub. Resources Code, 921000 et seq.), CEQA Guidelines (California
Code Regs. Title 14 915000 et seq.), and the Environmental Review Procedures of the City of
Chula Vista, and therefore should be certified.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the
City Council.
4
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY
OF CHULA VISTA, CALIFORNIA, this June 14,2006, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Vicki Madrid, Chairperson
Diana Vargas
Secretary to Planning Commission
Exhibit A
Findings of Fact and Statement of Overriding Considerations
5
a "tat eJ1Wf~ n~ .3
SUBSEQUENT ENVIRONMENTAL IMP ACT REPORT
FOR THE
EASTLAKE III SENIOR HOUSING PROJECT
CEQA FINDINGS OF FACT
AND
STATEMENT OF OVERRIDING CONSIDERATIONS
June 7, 2006
\
TABLE OF CONTENTS
Section
Page
I. INTRODUCTION AND BACKGROUND
1
II. ACRONYMS
2
III. PROJECT DESCRIPTION
6
IV. BACKGROUND
8
V. RECORD OF PROCEEDINGS
9
VI. FINDINGS REQUIRED UNDER CEQA
11
VII LEGAL EFFECTS OF FINDINGS
11
VIII MITIGATION MONITORING PROGRAM
13
IX. SIGNIFICANT EFFECTS AND MITIGATION MEASURES
14
LAND USE
15
LANDFORM ALTERATION AND AES,THETICS
15
GEOLOGY AND SOILS
15
. WATER QUALITY AND HYDROLOGY
15
TRANSPORTATION AND TRAFFIC
15
AIR QUALITY
16
NOISE
16
PUBLIC SERVICES AND UTILITIES
16
BIOLOGICAL RESOURCES
17
PALEONTOLOGICAL RESOURCES
17
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X CUMULATIVE SIGNIFICANT EFFECTS AND MITIGATION MEASURES 50
XI FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES
60
NO PROJECTINO DEVELOPMENT ALTERNATIVE
63
ALTERNATIVE MIX OF LAND USES
65
REDUCED DENSITY ALTERNATNE
66
ENVIRONMENT ALLY SUPERIOR AL TERNATNE
68
XII STATEMENT OF OVERRIDING CONSIDERATIONS
69
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BEFORE THE CHULA VISTA CITY COUNCIL
RE: EastLake III Senior Housing Subsequent Environmental Impact Report (SEIR); SCH
#2005091047; EIR 05-02
FINDINGS OF FACT
I.
INTRODUCTION AND BACKGROUND
The Final Subsequent Environmental Impact Report (Final SEIR) prepared for the EastLake III
Senior Housing project addresses the potential environmental effects associated with
implementation of the project. In addition, the Final SEIR evaluates three alternatives (1) the no
development alternative, (2) existing land use designation alternative (commercial tourist), and
(3) reduced density alternative (single family residential similar to surrounding development).
The Final SEIR represents a second tier EIR, in accordance with CEQA Section 21094, and tiers
off the Program EIR prepared for the EastLake Planned Community Master EIR (EIR #81-03).
These [mdings have been prepared to comply with requirements of the California Environmental
Quality Act (CEQA) (Pub. Resources Code, 9 21000 et seq.) and the CEQA Guidelines (Cal.
Code Regs., Title 14, 9 15000 et seq.).
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II.
ACRONYMS
"AAQS" means Ambient Air Quality Standards,
"AB" means Assembly Bill
"ADT" means average daily traffic
"AQIP" means Air Quality Improvement Plan
"ASTM" American Society of Testing of Materials
"APCD" means San Diego Air Pollution Control District.
"BMPs" means best management practices
"CalEP A" means California Environmental Protection Agency
"Caltrans" means California Department of Transportation
"CARB" means California Air Resources Board.
"CEQA" means California Environmental Quality Act
"cfs" means cubic feet per second
"City" means City of Chula Vista
"CMP" means Congestion Management Program
"CNEL" means community noise equivalent level
"CNPS" means California Native Plant Society
"CO" means carbon monoxide
"C02" means Carbon Dioxide
"CPF" means Community Purpose Facilities
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"CPTED" means Crime Prevention Through Environmental Design
"CT" means Commercial -Tourist
"CW A" means Clean Water Act
"dB" means decibels
"dB(A)" means A-weighted decibels
"duJac" means dwelling units per acre.
"EIR" means environmental impact report
"EP A" means Environmental Protection Agency
"EUC" means Eastern Urban Center
"FEMA" means Federal Emergency Management Agency
"FIRM" means Flood Insurance Rate Maps
"FSEIR" means Final Subsequent Environmental Impact Report
"GDP" means General Development Plan
"GDP A" means General Development Plan Amendment
"GMOC" means Growth Management Oversight Committee
"HCM" means Highway Capacity Manual
"HLIT" means Habitat Loss and Incidental Take
"HOA" means Homeowners Association
"LOS" means level of service
"MRZ" means Mineral Resource Zone
"MSCP" means Multiple Species Conservation Program.
"NOI" Notice of Intent
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"NaP" means Notice of Preparation
"NOx" means nitrogen oxides
"NPDES" means National Pollutant Discharge Elimination System
"03" means ozone
"OTC" means Olympic Training Center
"PAD Fee" means Park Acquisition and Development Fee
"PC" means Planned Community
"PFDIF" means Public Facilities Development Impact Fee
"PFFP" means Public Facilities Financing Plan
"PMIO" means Particulate matter less than to-microns in size
"ppm" means parts per million
"RAQS" means Regional Air Quality Standards
"R11P" means Resource Management Plan
"ROC" means Reactive Organic Compounds
"ROWs" means right-of-ways
"R TP" means Regional Transportation Plan
"RWQCB" means Regional Water Quality Control Boards
"SANDAG" means San Diego Association of Governments
"SCAQMD" means South Coast Air Quality Management District
"SDAB" means San Diego Air Basin
"SDAPCD" means San Diego Air Pollution Control District
"SDCW A" means San Diego County Water Authority
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"SEIR" means Subsequent Environmental Impact Report
"SIP" means State Implementation Plan
"SOx" means sulfur oxides
"SPA" means Sectional Planning Area
"SR" means State Route
"SUSMP" means Standard Urban Stormwater Mitigation Plan
"SWPPP" means storm water pollution prevention plan
"SWRCB" means State Water Resources Control Board
"SZA" Select Zone Alignment
"TDM" means Transportation Demand Management
"TM" means Tentative Map
"TMDL" means Total Maximum Daily Load
"UBC" means Uniform Building Code
"USDA" means United States Department of Agriculture
"USGS" means United States Geological Survey
"USFWS" means U.S. Fish and Wildlife Service
"UST" means Underground Storage Tank
"VOCs" means volatile organic compounds.
"WCP" means Water Conservation Plan
"WDR" means Waste Discharge Requirements
"WTP" means Water Treatment Plant
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III.
PROJECT DESCRIPTION
The EastLake III Senior Housing project presents a plan of development for the EastLake
Company within the Vistas area of the EastLake III GDP area. The EastLake III Senior Housing
project allows for a total of 494-unit senior housing project. The project will provide 25 -low and
25-moderate priced units off site or pay in-lieu fee as established by the City Council n
accordance with the EastLake III Supplemental Phase IV Affordable Housing Program. Other
land uses designated by the EastLake III Senior Housing project include a 14,000 square foot,
single-story recreational facility, which includes fitness and activity spaces, meeting rooms, spa
and indoor pool. Outside recreational elements include an outdoor pool and spa, BBQ facility,
multifunctional passive green spaces and a pedestrian paseo around the outer perimeter. The
EastLake III Senior Housing project would require an EastLake III General Development Plan
(GDP) Amendment to change 18.4 acre of "CT-Commercial Tourist" use to "Residential High
(18-27+ dulac)".
The proposed amendments to the General Plan, and EastLake III GDP and SPA would allow for
the development of an active seniors community. Additionally, the project will require a General
Plan Amendment, EastLake III General Development Plan (GDP) Amendment, and EastLake III
Sectional Planning Area (SPA) Amendment. The 494-unit senior housing project would consist
of 13 buildings, each four stories tall over a subterranean parking structure. The project would
also include a 14,000 square foot, single-story recreational facility, which includes fitness and
activity spaces, meeting rooms, spa and indoor pool. Outside recreational elements include an
outdoor pool and spa, BBQ facility, multifunctional passive green spaces and a pedestrian paseo
around the outer perimeter. This senior housing community would be restricted to 55 and over,
would be gated, and housing units would be "for sale." The densities and unit numbers proposed
would result in approximately 1,235 new residents (based on 2.5 people/dwelling unit).
DISCRETIONARY ACTIONS
The discretionary actions to be taken by the City Council of the City of Chula Vista (City)
include the following:
. General Plan Amendment to change 18.4 acres of "Visitor Commercial" use to
"Residential High";
. EastLake III General Development Plan (GDP) Amendment to change 18.4 acre of"CT-
Commercial Tourist" use to "Residential High (18-27+ dulac)";
. EastLake III Sectional Planning Area (SPA) Amendment to change 18.4 acres of
"Commercial-Tourist" use to "VR-13, Multi-Family Seniors" and establish a new land
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use district, "RMS, Multi-family Seniors> 15 dulacre". Amendments to the SPA would
also include amendments to the SPA's AQIP and WCP to ensure consistency with the
City's AQIP and WCP Guidelines. Additionally, an EastLake III SPA's Affordable
Housing Program would be amended to meet the City's affordable housing requirements;
. Tentative Map for the EastLake III Senior Housing Project.
In addition, this SEIR will be used by other responsible agencies to implement the proposed
project. Actions required by other agencies are discussed in Section 3.6.2 of the SEIR.
The City of Chula Vista is the lead agency and has discretionary power of approval for all the
actions pertaining to this project. The Final SEIR is intended to satisfy CEQA requirements for
environmental review of those actions.
PROJECT GOALS AND OBJECTIVES
As specified in the Final SEIR, the objectives of this project include:
· Assure a high quality of development, consistent with City and Community goals and
objectives, the Chula Vista General Plan and EastLake III General Development Plan.
· Create an economically viable plan that can be realistically implemented within current
and projected economic conditions.
· Provide for orderly planning and long-range development of the project to ensure
community compatibility.
· Establish the necessary framework for and identify financing mechanisms to facilitate
adequate community facilities, such as transportation, water, flood control, sewage
disposal, schools and parks and provide adequate assurance that approved development
will provide the necessary infrastructure, when needed, to serve the future residents of
EastLake III.
· Preserve open space and natural amenities.
· Establish a planning and development framework which will allow diverse land uses to
exist in harmony within the community.
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IV.
BACKGROUND
Development of the EastLake Planned Community has occurred in phases beginning with
EastLake I, followed by EastLake II and then finally EastLake III (EastLake I and EastLake II
were later combined so in effect there are currently two planning areas - EastLake II and
EastLake III). The planning of each portion of the EastLake Planned Community began in 1982
and has occurred through several planning phases - starting with general parameters and
culminating with specific guidelines. A GDP was prepared for each development phase within
the EastLake community. A GDP provides a policy bridge between the Chula Vista General
Plan and detailed project development planning provided in a SPA Plan. SPA Plans were then
developed for each of the specific neighborhoods/development areas. SPA plans refine and
implement the development concepts outlined in the GDPs. In general, the EastLake SPA plans
define the land use mix, design criteria, primary circulation patterns, open space and recreation
concepts and infrastructure requirements.
Environmental documentation pursuant to the California Environmental Quality Act (CEQA) has
mirrored the tiered planning approach described above. Because of the size, complexity of
issues and extended build-out time frame of the EastLake development, both the planning and
environmental documentation associated with EastLake were tiered from the general to the
specific. The first tier of planning and approvals included the EastLake Planned Community
Master EIR (EIR #81-03) in February 1982. Subsequent EIRs have been prepared for GDP
Amendments and SPA Plans within EastLake I, II and III, including the Final EIR for EastLake
Greens SPA and EastLake Trails Pre-zone and Annexation (EIR #86-04) in 1989 and the Final
EIR for the EastLake Greens and EastLake Trails Replanning Program (EIR #97-04) in 1998.
The Final EIR for EastLake III, Olympic Training Center (OTC) (EIR #89-09) was prepared in
October 1989 and included the SPA plan for the OTC. It also included the GDP for all of
EastLake III as well as a proposal to annex EastLake II and the Trails (EastLake II) from the
unincorporated area of San Diego County into the City of Chula Vista. The most recent
environmental document prepared for the site is the Final Subsequent Environmental Impact
Report for the EastLake III Woods and Vistas Replanning Program (FSEIR #01-01) dated June
2001 and addendum dated May 2001. This Subsequent EIR addressed the EastLake III GDP and
SPA.
The proposed project is located in the Vistas community ofthe EastLake III SPA plan area. This
analysis tiers from the June 2001 FSEIR #01-01 which in turn tiers off the original October 1989
Final EIR for EastLake III, Olympic Training Center, EastLake Trails Prezone and Annexation
(hereinafter referred to as EIR #89-09). Therefore, this EIR is a Subsequent EIR to the June
2001 FSEIR (FSEIR #01-01). Under such tiering principals, the proposed GDP Amendment
analysis is presented and should be reviewed at a subsequent, first-tier level of review. The SPA
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Amendment analysis is presented and should be reviewed at a second-tier EIR level of review
(project-level).
While a second-tier analysis can rely on a first-tier analysis, it has the obligation to discuss any
changed circumstances or new information that might alter the first-tier analysis. Under
principals of tiering, if a first-tier document found significant impacts, then the second-tier EIR
must require the mitigation measures unless the analysis explains that the measures are not
applicable or that other mitigation measures can replace the previous measures and similarly
reduce the impacts to a level of insignificance. As such, each environmental analysis section in
this SEIR identifies the avoidable and unavoidable significant environmental impacts previously
identified in FSEIR #01-01 and EIR #89-09 and the required mitigation measures. This SEIR
also evaluates whether the previously required mitigation measures pertaining to this portion of
the SPA plan are still applicable, or whether there are other feasible mitigation measures that
were not previously considered that might similarly reduce the stated impacts to less than
significant. The Executive Summary and Mitigation, Monitoring and Reporting Program list all
mitigation measures that apply to the proposed project from previous tiers of environmental
review as well as new measures required by this analysis.
v.
RECORD OF PROCEEDINGS
For purposes of CEQA and the findings set forth below, the administrative record of the City
Council decision on the environmental analysis ofthis project shall consist ofthe following:
· The Notice of Preparation and all other public notices issued by the City in conjunction
with the project;
. The Draft and Final SEIR for the project (EIR #05-02) including appendices and
technical reports;
. All comments submitted by agencies or members of the public during the public
comment period on the Draft SEIR;
· All reports, studies, memoranda, maps, staff reports, or other planning documents relating
to the proposed project prepared by the City, consultants to the City, or responsible or
trustee agencies with respect to the City's compliance with the requirements of CEQA
and with respect to the City's actions on the proposed project;
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. All documents, comments, and correspondence submitted by members of the public and
public agencies in connection with this project, in addition to comments on the SEIR for
the proj ect;
. All documents submitted to the City by other public agencies or members of the public in
connection with the SEIR, up through the close ofthe public hearing;
. Minutes and verbatim transcripts of all workshops, the scoping meeting, other public
meetings, and public hearings held by the City, or videotapes where transcripts are not
available or adequate;
. Any documentary or other evidence submitted at workshops, public meetings, and public
hearings for this project;
. All findings and resolutions adopted by City decision makers in connection with this
project, and all documents cited or referred to therein; and
. Matters of common knowledge to the City, which the members of the City Council
considered regarding this project, including federal, state, and local laws and regulations,
and including but not limited to the following:
. Chula Vista General Plan;
. Relevant portions of the Zoning Code of the City;
. EastLake General Development Plan (GDP);
. EastLake III SPA Plan;
. City of Chula Vista Multiple Species Conservation Act Subarea Plan;
. EastLake III Woods and Vistas Replanning Program (FSEIR #01-01) Any other materials
required to be in the record of proceedings by Public Resources Code section 21167.6,
subdivision (e).
The custodian of the documents comprising the record of proceedings is Susan Bigelow, Clerk to
the City Council, whose office is located at 276 Fourth Avenue, Chula Vista, California 91910.
The City Council has relied on all of the documents listed above in reaching its decision on the
EastLake III Senior Housing project, even if every document was not formally presented to the
City Councilor City Staff as part of the City files generated in connection with the EastLake III
Senior Housing project. Without exception, any documents set forth above but not found in the
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project files fall into two categories. Many ofthem reflect prior planning or legislative decisions
with which the City Council was aware in approving the EastLake III SPA Plan (see City of
Santa Cruz v. Local Agency Formation Commission (1978) 76 Cal.App.3d 381, 391-392 [142
Cal.Rptr. 873]; Dominey v. Department of Personnel Administration (1988)205 Cal.App.3d 729,
738, tn. 6 [252 Cal. Rptr. 620]. Other documents influenced the expert advice provided to City
Staff or consultants, who then provided advice to. the City Council. For that reason, such
documents form part of the underlying factual basis for the City Council's decisions relating to
the adoption of the EastLake III SPA Plan (see Pub. Resources Code, section 21167.6, subd.
(e)(10); Browing-Ferris Industries v. City Council of City of San Jose (1986) 181 Cal. App.3d
852, 866 [226 Cal.Rptr. 575]; Stanislaus Audubon Society, Inc. v. County of Stanislaus (1995) 33
Cal.App.4th 144, 153, 155 [39 Cal.Rptr.2d 54]).
VI.
FINDINGS REQUIRED UNDER CEQA
Public Resources Code section 21002 provides that "public agencies should not approve projects
as proposed if there are feasible alternatives or feasible mitigation measures available which
would substantially lessen the significant environmental effects of such projects." (Emphasis
added.) . The same statute states that the procedures required by CEQA "are intended to assist
public agencies in systematically identifying both the significant effects of proposed projects and
the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen
such significant effects" (emphasis added). Section 21002 goes on to state that "in the event
[that] specific economic, social, or other conditions make infeasible such project alternatives or
such mitigation measures, individual projects may be approved in spite of one or more
significant effects."
The mandate and principles announced in Public Resources Code section 21002 are
implemented, in part, through the requirement that agencies must adopt findings before
approving projects for which EIRs are required (see Pub. Resources Code, ~ 21081, subd. (a);
CEQA Guidelines, ~ 15091, subd. (a)). For each significant environmental effect identified in an
EIR for a proposed project, the approving agency must issue a written fmding reaching one or
more of three permissible conclusions. The first such finding is that "[ c ]hanges or alterations
have been required in, or incorporated into, the project which avoid or substantially lessen the
significant environmental effect as identified in the final EIR" (CEQA Guidelines, ~ 15091,
subd. (a)(I)). The second permissible fmding is that "[s]uch changes or alterations are within the
responsibility and jurisdiction of another public agency and not the agency making the finding.
Such changes have been adopted by such other agency or can and should be adopted by such
other agency" (CEQA Guidelines, ~ 15091, subd. (a)(2)). The third potential finding is that
"[ s ]pecific economic, legal, social, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make infeasible the mitigation measures or
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project alternatives identified in the final EIR" (CEQA Guidelines, ~ 15091, subd. (a)(3)).
Public Resources Code section 21061.1 defines "feasible" to mean "capable of being
accomplished in a successful manner within a reasonable period of time, taking into account
economic, environmental, social and technological factors." CEQA Guidelines section 15364
adds another factor: "legal" considerations (see also Citizens of Goleta Valley v. Board of
Supervisors (1990) 52 Ca1.3d 553,565 [276 Cal.Rptr. 410]).
The concept of "feasibility" also encompasses the question of whether a particular alternative or
mitigation measure promotes the underlying goals and objectives of a project (see City of Del
Mar v. City of San Diego (1982) 133 Cal.App.3d 410,417 ['83 Cal.Rptr. 898]). "'[F]easibility'
under CEQA encompasses 'desirability' to the extent that desirability is based on a reasonable
balancing of the relevant economic, environmental, social, and technological factors" (Ibid.; see
also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 715 [29
Cal.Rptr.2d 182]).
The CEQA Guidelines do not define the difference between "avoiding" a significant
environmental effect and merely "substantially lessening" such an effect. The City must
therefore glean the meaning of these terms from the other contexts in which the terms are used.
Public Resources Code section 21081, on which CEQA Guidelines section 15091 is based, uses
the term "mitigate" rather than "substantially lessen." The CEQA Guidelines therefore equate
"mitigating" with "substantially lessening." Such an understanding of the statutory term is
consistent with the policies underlying CEQA, which include the policy that "public agencies
should not approve projects as proposed if there are feasible alternatives or feasible mitigation
measures available which would substantially lessen the significant environmental effects of
such projects" (pub. Resources Code, ~ 21002).
For purposes of these findings, the term "avoid" refers to the effectiveness of one or more
mitigation measures to reduce an otherwise significant effect to a less than significant level. In
contrast, the term "substantially lessen" refers to the effectiveness of such measure or measures
to substantially reduce the severity of a significant effect, but not to reduce that effect to a less
than significant level. These interpretations appear to be mandated by the holding in Laurel Hills
Homeowners Association v. City Council (1978) 83 Cal.App.3d 515, 519-527 [147 Cal.Rptr.
842], in which the Court of Appeal held that an agency had satisfied its obligation. to
substantially lessen or avoid significant effects by adopting numerous mitigation measures, not
all of which rendered the significant impacts in question less than significant.
Although CEQA Guidelines section 15091 requires only that approving agencies specify that a
particular significant effect is "avoid [ ed] or substantially lessen[ ed]," these findings, for
purposes of clarity, in each case will specify whether the effect in question has been reduced to a
less than significant level or has simply been substantially lessened but remains significant.
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Moreover, although section 15091, read literally, does not require findings to address
environmental effects that an EIR identifies as merely "potentially significant," these findings
will nevertheless fully account for all such effects identified in the Final SEIR (FSEIR).
In short, CEQA requires that the lead agency adopt mitigation measures or alternatives, where
feasible, to substantially lessen or avoid significant environmental impacts that would otherwise
occur. Project modification or alternatives are not required, however, where such changes are
infeasible or where the responsibility for modifying the project lies with some other agency
(CEQA Guidelines, ~ 15091, subd. (a), (b)).
With respect to a project for which significant impacts are not avoided or substantially lessened
either through the adoption of feasible mitigation measures or a feasible environmentally
superior alternative, a public agency, after adopting proper findings, may nevertheless approve
the project if the agency first adopts a statement of overriding considerations setting forth the
specific reasons why the agency found that the project's "benefits" rendered "acceptable" its
"unavoidable adverse environmental effects" (CEQA Guidelines, ~~ 15093, 15043, subd. (b);
see also Pub. Resources Code, ~ 21081, subd. (b)). The California Supreme CoUrt has stated
that, "[t]he wisdom of approving. . . any development project, a delicate task which requires a
balancing of interests, is necessarily left to the sound discretion of the local officials and their
constituents who are responsible for such decisions. The law as we interpret and apply it simply
requires that those decisions be informed, and therefore balanced" (Goleta, supra, 52 Cal.3d 553,
576).
VII.
LEGAL EFFECTS OF FINDINGS
To the extent that these findings conclude that proposed mitigation measures outlined in the
SEIR are feasible and have not been modified, superseded or withdrawn, the City (or "decision
makers") hereby binds itself and any other responsible parties, including the applicant and its
successors in interest (hereinafter referred to as "Applicant"), to implement those rneasures.
These findings, in other words, are not merely informational or hortatory, but constitute a
binding set of obligations that will come into effect when the City adopts the resolution(s)
approving the project.
The adopted mitigation measures are express conditions of approval. Other requirements are
referenced in the mitigation monitoring reporting program adopted concurrently with these
findings and will be effectuated through the process of implementing the project.
The mitigation measures are referenced in the mitigation monitoring and reporting program
adopted concurrently with these findings, and will be effectuated both through the process of
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implementing the EastLake GDP and through the process of constructing and implementing the
EastLake III Senior Housing Project.
VIII.
MITIGATION MONITORING PROGRAM
As required by Public Resources Code section 21081.6, subd. (a)(I), the City, in adopting these
findings, also concurrently adopts a mitigation monitoring and reporting program (MMRP) as
prepared by the environmental consultant under the direction of the City. The program is
designed to ensure that during project implementation, the applicant and any other responsible
parties comply with the feasible mitigation measures identified below. The program is described
in the document entitled EastLake III Senior Housing Project Mitigation Monitoring Reporting
Program. The City will use the MMRP to track compliance with project mitigation measures.
The MMRP will be available for public review during the compliance period.
The monitoring program is dynamic in that it will undergo changes as additional mitigation
measures are identified and additional conditions of approval are placed on the project
throughout the project approval process. The monitoring program will serve as a dual purpose of
verifying completion of the mitigation measures for the proposed project and generating
information on the effectiveness of the mitigation measures to guide future decisions. The
program includes monitoring team qualifications, specific monitoring activities, a reporting
system, and criteria for evaluating the success of the mitigation measures.
IX.
SIGNIFICANT EFFECTS AND MITIGATION MEASURES
The Final SEIR identified a number of direct and indirect significant environmental effects (or
"impacts") that the project will cause. Some of these significant effects can be fully avoided
through the adoption of feasible mitigation measures. Others cannot be fully mitigated or
avoided by the adoption of feasible mitigation measures or feasible environmentally superior
alternatives. However, these effects are outweighed by overriding considerations set forth in
Section XII below. This Section (IX) presents in greater detail the City Council's findings with
respect to the environmental effects ofthe project.
The project will result in significant environmental changes with regard to the following issues:
land use; landform alteration/aesthetics; geology/soils; water quality/hydrology; traffic/
circulation; air quality; noise; public services and utilities; biological resources and
paleontological resources. These significant environmental changes or impacts are discussed in
Final EIR 05-02 in Table I-Ion pages 1-10 through 1-30 and in Chapter 5, Environmental
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Impact Analysis, pages 5.1-1 through 5.10-4. No significant effects were identified for mineral
resources, biological resources (for main project site), cultural resources, hazards/risk of upset,
mineral resources, population/housing, The proposed project will result in unmitigable changes
to landform alteration/aesthetics (cumulative), traffic/circulation (cumulative) and air quality
(cumulative).
Land Use/Planning
Impacts related to land use and planning issues including incompatibility with the surrounding
community and inconsistencies with plans and policies adopted for purposes of avoiding an
environmental impact would not occur.
Landform Alteration/Aesthetics
The proposed project would not have a significant impact on visual resources or aesthetics.
However, in FSEIR #01-01, significant unmitigable impacts to visual quality were identified as a
result of landform alteration. Because this document is tiered from FSEIR #01-01, this impact
must therefore be carried forward. This project would have an incremental contribution to the
cumulative impact identified in FSEIR #01-01. In addition, the proposed project will result in
significant direct impacts associated with the increase in light and glare from the new
development area.
Geology/Soils
Impacts associated with slope instability would potentially be significant. Erosion during
construction, although short-term in nature, could be significant without erosion control
measures. Structures will be located over underground parking. Potentially significant impacts
to foundations and structures could occur if expansive soils are encountered. Potential impacts
resulting from other geological hazards such as seismic activity may also occur.
Water Quality/Hydrology
Project implementation will introduce landscaping, impermeable surfaces and urban activities to
an area that is currently unoccupied by urban uses. Further, new pollutant sources, such as
automobiles and household products would also be introduced into the area. Drainage of runoff
would be a concern particularly due to the project's location adjacent to Lower Otay Reservoir.
Traffic/Circulation
The level of service at the project driveway and Olympic Parkway will degrade to F as a result of
the project from vehicles entering and exiting the project, which would be a significant direct
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impact of the proposed project. The potential conflict between construction-related traffic and
vehicular, pedestrian and bicycle traffic on Wueste Road and the adjacent trail would be a
significant direct impact of the optional construction access road. In FSEIR #01-01, significant
unmitigable impacts to traffic and circulation patterns were determined for 2005, 2010, 2015,
2020 and build-out conditions. Impacts to freeway operations were also identified as significant.
This impact from FSEIR #01-01 must therefore be carried forward. Because the proposed
project is part of the buildout of the overall EastLake III community, a significant cumulative
unmitigable traffic impact was identified for buildout of the community, and the proposed
project would result in an incremental contribution to the traffic from buildout ofthe community,
therefore a significant cumulative unmitigated traffic impact would occur.
Air Quality
During construction, ROC emissions would exceed the daily standard. This impact is considered
significant. Although construction-related emissions would not surpass PMI0 thresholds, the
project will generate nuisance dust and fine particulate matter. In FSEIR #01-01, significant
unmitigable impacts to air quality were documented as a result of nonconformance with regional
air quality plans and overall project (entire EastLake III development) impacts on regional air
quality. This impact identified in FSEIR #01-01 must therefore be carried forward. While the
proposed project would generate less than half of the projected traffic for the site under the
existing land use designation, it would still contribute incrementally to overall cumulative
vehicular emissions generated by buildout of the area.
Noise
The project will result in potential exposure to interior noise levels greater than the City's
allowable limit of 45 dB CNEL would be considered significant. Further, the project will result
in potential exposure of future residents to exterior noise levels (from patio and balcony areas)
greater than the City's allowable limit of 65 dB CNEL which would be considered significant.
Public Services/Utilities
The proposed S~ A Plan would result in an incremental increase in public facilities if they are not
provided commensurate with demand. The incremental contribution of solid waste, and demand
on water and sewer service, parks, fire, police, emergency services, libraries and schools would
be significant. Safety issues for recreational trail users directly exposed to crossing construction
traffic due to the optional temporary construction access road are considered significant.
Potential indirect impacts to lands intended for conservation adjacent to the project site
(associated with Otay Valley Regional Park) are considered significant.
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Biological Resources
Potential indirect impacts to lands intended for conservation adjacent to the project site
(associated with Otay Valley Regional Park) are considered significant. Potential direct impacts
to narrow endemic plant species that may occur within the optional off-site trail and optional
construction access road are considered significant. The project could potentially be inconsistent
with the HLIT Ordinance which would constitute a significant impact.
Paleontological Resources
Impacts to previously undisturbed soils as a result of column borings would result in a significant
impact.
DETAILED ISSUES DISCUSSION
Land Use/Planning
Thresholds of Significance:
Threshold 1: Would the project physically divide an established community?
Threshold 2: Would the project conflict with any applicable land use plan, policy or regulation
of an agency with jurisdiction over the project (including, but not limited to the
general plan, specific plan, local coastal program, zoning ordinance) adopted for
the purpose of avoiding or mitigating an environmental effect?
Threshold 3: Would the project conflict with any applicable habitat conservation plan or
natural community conservation plan?
Impact: None Identified. Impacts related to traffic and biological resources are discussed in
those relevant EIR sections and not in land use and planning.
Explanation:
N/A
Mitigation Measures:
Mitigatio:J;l for the potential temporary conflict between the construction access road, Wueste
Road and the pedestrian trail is provided in under Traffic and Circulation. Mitigation for
potential trail and construction road incompatibilities with the City's MSCP Subarea Plan are
included under biological resources.
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Finding:
Implementation of mitigation measures in Section 5.5, Traffic Circulation and Section 5.9
Biological Resources would reduce significant impacts to a level below significance.
Landform Alteration/Aesthetics
Thresholds of Significance:
Threshold 1: Would the project have a substantial adverse effect on a scenic vista?
Threshold 2: Would the project substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings within a state scenic
highway?
Threshold 3: Would the project substantially degrade the existing visual character or quality of
the site and its surroundings?
Threshold 4: Creates a new source of substantial light or glare which would adversely affect
day or nighttime views in the area?
Impact: Create a new source of substantial light or glare which would adversely affect
day or nighttime views in the area.
The project would introduce a new source of light and glare which would be potentially
significant.
Explanation:
The proposed project would introduce a new source of light and glare into the local community.
However, this site has previously been planned for development. The difference in night lighting
as compared to the Commercial-Tourist use would not be a substantial change. ~Therefore, there
would be no direct impact with regard to substantial light and glare. In order to assure that
indirect lighting affects on neighboring uses is minimized, a lighting plan will be required as part
of design review to mitigate this potential impact.
Mitigation Measures:
5.2-a Prior to approval of the Tentative Parcel map, the applicant shall submit a lighting plan as
a part of the Design Review application for the project. The lighting plan shall
demonstrate that project lighting is shielded from surrounding properties and that only the
minimum amount of lighting required for safety purposes is provided to avoid adverse
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effects on surrounding areas. In general, lighting fIxtures shall be shielded downward
and away from adjacent residential land uses, MSCP Preserve areas and Lower Otay
Reservoir.
Finding:
As identified in Section 5.0, Subchapter 5.2 of the SEIR, pursuant to Section 15091(a)(I) of the
CEQA Guidelines changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the SEIR to
a level of insignificance.
Impact: Initial site grading (as analyzed by FSEIR #01-01) would result in significant
visual and landform alteration impacts.
Initial site grading caused significant visual changes to the EastLake area.
Explanation:
In FSEIR #01-01, significant unmitigable impacts to visual quality were identified as a result of
landform alteration. This impact must therefore be carried forward. This project would have an
incremental contribution to the cumulative impact identified in FSEIR #01-01.
Mitigation Measures:
None
Finding:
Pursuant to Sections 15043 and 15093 ofthe State CEQA Guidelines, specific economic, social
or other considerations were made at the time initial site grading occurred and a Statement of
Overriding Considerations was adopted.
Geology/Soils
Thresholds of Significance:
Threshold 1: Would the project expose people or structures to potential substantial adverse
effects, including the risk of loss, injury or death involving:
a) Rupture of a known earthquake fault, as delineated on the most recent Alquist-
Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or
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based on other substantial evidence of a known fault? Refer to Division of Mines
and Geology Special Publication 42.
b) Strong seismic ground shaking?
c) Seismic-related ground failure, including liquefaction?
d) Landslides?
Threshold 2: Would the project result in substantial soil erosion or the loss oftopsoil?
Threshold 3: Would the project be located on a geologic unit or soil that is unstable, or that
would become unstable as a result of the project, and potentially result in on- or
off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
Threshold 4: Would the project be located on expansive soil, as defmed in Table 18-1-B of the
Uniform Building Code (1994), creating substantial risks to life or property?
Threshold 5: Would the project have soils incapable of adequately supporting the use of septic
tanks or alternative waste water disposal systems where sewers are not available
for the disposal of waste water?
Impact: Exposure of people or structures to substantial hazards as a result of landslides.
Impacts associated with slope instability would potentially be significant for the proposed project
and optional construction road. The optional pedestrian trail would not result in potential
landside hazards due to minimal surface disturbance.
Explanation:
Slope instability could occur as a result of steep fill slopes generated during recompaction of the
existing pad and/or optional construction road. Soil saturation from over watering landscaping,
natural precipitation, and run-on from adjacent sites would also contribute to slope instability.
Slope instability could lead to localized landslides. Impacts related to slope instability would be
considered potentially significant.
Mitigation Measures:
5.3-a Prior to approval of grading plans, the following conditions are required to be on the
plans. The proposed project's grading plans shall demonstrate compliance with
remediation recommendations in the June 10, 2005 Geotechnical Investigation for the
project prepared by Geotechnics Incorporated, including but not limited to:
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a) Upper soil layers shall be removed to a depth of two to three feet during initial
construction periods and replaced with competent compacted filL
b) Replacement of native soils with compacted fill shall be required to eliminate the
potential for liquefaction.
c) Any areas subjected to new fill or structural loads shall be prepared with
compacted filL
Finding:
As identified in Section 5.0, Subchapter 5.3 of the SEIR, pursuant to Section 15091(a)(I) of the
CEQA Guidelines changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the SEIR to
a level of insignificance.
Impact: Project would result in substantial soil erosion or loss of topsoil.
Erosion during construction, although short-term in nature, could be significant without erosion
control measures.
Explanation:
The potential for erosion would increase during construction as a result of vehicles and heavy
equipment accelerating the erosion process. Additionally, wind erosion could occur on bare soils
or where vehicles and equipment cause dust. While these impacts would be considered short-
term in nature, they would be significant due to the potential to result in substantial soil erosion
or loss of topsoiL
Mitigation Measures:
5.3-b Prior to approval of grading plans, a Storm Water Pollution Prevention Plan (SWPPP)
shall be prepared for the project that identifies specific Best Management Practices
(BMPs) to minimize erosion and control sedimentation. A copy of the SWPPP will be
kept onsite and issued to all supervisory staff working on the project. Project activities
resulting in excess erosion shall be halted and BMPs adjusted to ensure off-site
sedimentation is avoided.
5.4-f Prior to the approval of a grading permit, the Applicant shall verify that runoff diversion
facilities (e.g., inlet pipes and brow ditches) have been be used to preclude runoff flow
down graded slopes. Drainage terraces for slopes in excess of 40 feet in vertical height
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shall only be required for stabilization purposes. Slopes in excess of 40 feet in height
may not require terraces provided that slope-specific analysis demonstrates that such
measures are not needed in order to achieve the intent of the City's grading ordinance.
Energy-dissipating structures (e.g., detention ponds, riprap, or drop structures) shall be
used at storm drain outlets, drainage crossings, and/or downstream of all culverts, pipe
outlets, and brow ditches to reduce velocity and prevent erosion. The applicant shall
demonstrate compliance in grading plans prior to issuance of a grading permit.
Prior to issuance of the grading permit for any site in the drainage area, the Applicant
shall demonstrate that the proposed detention facilities would reduce 50-year post-
development peak flows to equal to or less than pre-development conditions. The
proposed onsite detention facilities shall be designed to ensure that there is no increase in
downstream (i.e., south of Olympic Parkway) velocities in Salt Creek. For areas with the
greatest potential for groundwater seepage, impacts could be reduced to a less than
significant level through installation of subsurface drains as determined by the Soils
Engineer and approved by the City Engineer. Implementation of these measures is the
responsibility of the applicant.
Prior to the start of grading activities, the brow ditch located at the base of the slope
between the Lower Otay Reservoir and the project site shall be inspected and sediment
that could cause runoff to breach the ditch shall be removed. The brow ditch shall be
inspected after each 0.5 inch.
Finding:
As identified in Section 5.0, Subchapter 5.3 of the SEIR, pursuant to Section 15091(a)(I) of the
CEQA Guidelines changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the SEIR to
a level of insignificance.
Impact: Project may be located on expansive soils, as defined in Table 18-1-B of the
Uniform Building code (1994).
Structures will be located over underground parking. Potentially significant impacts to
foundations and structures could occur if expansive soils are encountered.
Explanation:
Soil samples taken at various depths indicated that soils onsite have very low to low expansion
potential. During initial site preparation and compaction, alluvial material from nearby canyon
formations was utilized at the interior/base of the site. Alluvial material is generally expansive,
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therefore during subterranean parking structure excavation, expansive soils could be exposed.
Potential exposure to expansive soils would result in a potentially significant impact.
Mitigation Measures:
5.3-a Prior to approval of grading plans, the following conditions are required to be on the
plans. The proposed project's grading plans shall demonstrate compliance with
remediation recommendations in the June 10, 2005 Geotechnical Investigation for the
project prepared by Geotechnics Incorporated, including but not limited to:
a) Upper soil layers shall be removed to a depth of two to three feet during initial
construction periods and replaced with competent compacted fill.
b) Replacement of native soils with compacted fill shall be required to eliminate the
potential for liquefaction.
c) Any areas subjected to new fill or structural loads shall be prepared with
compacted fill.
Finding:
As identified in Section 5.0, Subchapter 5.3 of the SEIR, pursuant to Section 15091(a)(I) of the
CEQA Guidelines changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the SEIR to
a level of insignificance.
Impact: Potential impacts resulting from other geological hazards such as seismic activity
would occur.
Potential impacts resulting from other geological hazards such as seismic activity would be
significant.
Explanation:
Ground shaking could occur as a result of a seismic activity on a nearby active fault. Risk
associated with seismic ground shaking could potentially be significant. However, conformance
to standard practices of the Association of Structural Engineers of California and compliance the
Title 24 of the California code of Regulations and the Uniform Building Code, would reduce
impacts from ground motion.
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Mitigation Measures:
5.3-a Prior to approval of grading plans, the following conditions are required to be on the
plans. The proposed project's grading plans shall demonstrate compliance with
remediation recommendations in the June 10, 2005 Geotechnical Investigation for the
project prepared by Geotechnics Incorporated, including but not limited to:
a) Upper soil layers shall be removed to a depth of two to three feet during initial
construction periods and replaced with competent compacted fill.
b) Replacement of native soils with compacted fill shall be required to eliminate the
potential for liquefaction.
c) Any areas subjected to new fill or structural loads shall be prepared with
compacted fill.
Finding:
As identified in Section 5.0, Subchapter 5.3 ofthe SEIR, pursuant to Section 15091(a)(1) of the
CEQA Guidelines changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the SEIR to
a level of insignificance.
Hydrology/Water Quality
Thresholds of Significance:
Threshold 1:
Threshold 2:
Threshold 3 :
Would the project violate any water quality standards or waste discharge
requirements?
Would the project substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there - would be a net
deficit in aquifer volume or a lowering of the local groundwater table level
(e.g., the production rate of pre-existing nearby wells would drop to a
level which would not support existing land uses or planned uses for
which permits have been granted)?
Would the project substantially alter the existing drainage pattern of the
site or area, including through the alteration of the course of a stream or
river, in a manner which would result in substantial erosion or siltation on-
or off-site?
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Threshold 4:
Threshold 5:
Threshold 6:
Threshold 7:
Threshold 8:
Threshold 9:
Threshold 10:
Would the project substantially alter the existing drainage pattern of the
site or area, including through the alteration of the course of a stream or
river, or substantially increase the rate or amount of surface runoff in a
manner which would result in flooding on- or off-site?
Would the project create or contribute runoff water which would exceed
the capacity of existing or planned stormwater drainage systems or
provide substantial additional sources or polluted runoff?
Would the project otherwise substantially degrade water quality?
Would the project place housing within a 100-year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood Insurance Rate
Map or other flood hazard delineation map?
Would the project place within a 100-year flood hazard area structures
which would impede or redirect flood flows?
Would the project expose people or structures to a significant risk of loss,
injury or death involving flooding, including flooding as a result of the
failure of a levee or dam?
Would the project be exposed to inundation by seiche, tsunami or
mudflow?
Impact: The project would result in significant water quality impacts resulting from
construction and operational activities.
Explanation:
Construction of the proposed project has the potential to impact surface water quality due to
increased runoff and sediment transport from the site. Short-term water quality impacts may
occur to nearby water resources, including storm drains, from sediment-laden runoff from project
areas. Runoff from the parking lot, sidewalks, and landscaping could carry pollutants such as
bacteria, oil and grease, sediment, nutrients and heavy metals to the City's storm drain system.
Mitigation Measures:
5.4-a Prior to approval of a grading permit the Applicant shall obtain coverage under the
State Water Resources Control Board (SWRCB) NPDES General Permit No.
CAS000002, Waste Discharge Requirements for Discharges of Storm Water Runoff
Associated with Construction Activity. In accordance with said Permit, a Storm
Water Pollution Prevention Plan (SWPPP) and a Monitoring Program Plan shall be
developed and implemented concurrent with the commencement of grading activities.
The SWPPP shall specify both construction and post-construction structural and non-
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structural pollution prevention measures. The SWPPP shall also address operation
and maintenance of post-construction pollution prevention measures, including short-
term and long-term funding sources and the party or parties that will be responsible
for the implementation of said measures.
A complete and accurate Notice-of-Intent (NOl) shall be filed with the SWRCB. A
copy of the acknowledgement from the SWRCB that a NOI has been received for this
project shall be filed with the City of Chula Vista when received. Further, a copy of
the completed NOI from the SWRCB showing the Permit Number for this project
shall be filed with the City of Chula Vista when received.
5.4-b Prior to approval of grading and construction plans, the Applicant shall demonstrate
to the satisfaction of the City Engineer compliance with all of the applicable
provisions of the Municipal Code and the City of Chula Vista SUSMP. The
Applicant shall incorporate into the project planning and design an effective
combination of site design, source control, and treatment control post-construction
BMPs and provide all necessary studies and reports demonstrating compliance with
the applicable regulations and standards. Post-construction BMPs shall be identified
and implemented as to abate identified pollutants of concern to the maximum extent
practicable standard described in the City of Chula Vista SUSMP.
5.4-c Prior to issuance of a grading permit for any area of the project (including offsite
areas) draining towards the Lower Otay Reservoir, the applicant shall:
1) Obtain the approval of the City of Chula Vista and all other applicable
agencies for any proposed structural drainage runoff detention and/or
diversion facilities within the Otay Lakes Watershed.
2) Obtain the approval of the City of Chula Vista and all other applicable
agencies of all operational and maintenance agreements associated with
any proposed structural drainage runoff detention and/or diversion
facilities within the Otay Lakes Watershed.
5.4-d Prior to approval of the grading plan, the Applicant shall verify that surface drainage
has been designed to collect and discharge runoff into natural stream channels or
drainage structures. In order to avoid indirect impacts to the Lower Otay Reservoir,
fertilizers, herbicides, and pesticides shall not be applied to the manufactured slopes
along the northern property of the property. Potable water shall be used for irrigation.
All drainage systems shall be designed in accordance with the City's Engineering
Standards and to the City of San Diego's Source Water Protection Guidelines for
New Developments (2004).
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5.4-e The applicant shall design surface and subsurface drainage to preclude ponding
outside of designated areas, as well as flow down slopes or over disturbed areas.
5.4-f Prior to the approval of a grading permit, the Applicant shall verify that runoff
diversion facilities (e.g., inlet pipes and brow ditches) have been be used to preclude
runoff flow down graded slopes. Drainage terraces for slopes in excess of 40 feet in
vertical height shall only be required for stabilization purposes. Slopes in excess of
40 feet in height may not require terrac~s provided that slope-specific analysis
demonstrates that such measures are not needed in order to achieve the intent of the
City's grading ordinance. Energy-dissipating structures (e.g., detention ponds, riprap,
or drop structures) shall be used at storm drain outlets, drainage crossings, and/or
downstream of all culverts, pipe outlets, and brow ditches to reduce velocity and
prevent erosion. The applicant shall demonstrate compliance in grading plans prior to
issuance of a grading permit.
Prior to issuance of the grading permit for any site in the drainage area, the Applicant
shall demonstrate that the proposed detention facilities would reduce 50-year post-
development peak flows to equal to or less than pre-development conditions. The
proposed onsite detention facilities shall be designed to ensure that there is no
increase in downstream (i.e., south of Olympic Parkway) velocities in Salt Creek. For
areas with the greatest potential for groundwater seepage, impacts could be reduced
to a less than significant level through installation of subsurface drains as determined
by the Soils Engineer and approved by the City Engineer. Implementation of these
measures is the responsibility ofthe applicant.
Prior to the start of grading activities, the brow ditch located at the base of the slope
between the Lower Otay Reservoir and the project site shall be inspected and
sediment that could cause runoffto breach the ditch shall be removed. The brow ditch
shall be inspected after each 0.5 inch.
5.4-g Prior to approval of the final map, and/or building permits (as determined by the City
Engineer), the Applicant shall submit a maintenance program for the proposed post-
construction BMPs and all private drainage facilities within common development
areas to the satisfaction of the City Engineer. The maintenance program shall
include, but not be limited to: (1) 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. In addition, the
Developer shall enter into a Maintenance Agreement with the City to ensure the
maintenance and operation of said facilities.
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5.4-h Regular maintenance of the Greenbelt and Community trails shall be the
responsibility of the EastIake III HOA, depending on designation, to minimize the
potential for erosion into Lower Otay Reservoir. Prior to the approval of the TM, the
applicant shall submit a Landscape Responsibility map to identify funding for an
areas within the project.
5.4-i The following urban runoff control measures shan be shown as notes on the Tentative
Map. These measures shall be made a condition of the Tentative Map and shall be
implemented on the fmal grading and improvement plans. Implementation of these
measures is the responsibility of the applicant.
1) Per the Clean Water Act, BMPs to control pollutants and sediment from entering
storm water runoff are required for the project area. Source control BMPs via
landscaping of all slopes and street rights-of-way shall be provided to prevent
erosion. Any other applicable source control or BMPs which may be
implemented on a city-wide basis in conjunction with the City's Municipal
NPDES permit shall be incorporated into the specific plan. The size, capacity,
and location of any other pollution control devices which would be used to
capture urban pollutants onsite will be determined as part of the project-specific
drainage studies prior to the approval of future subdivision maps.
2) The City's Department of Planning and Building shall verify that the mitigation
measures are conditions for the approval of the tentative map and that they are
implemented on the grading plans for the project.
5.4-j Prior to the issuance of any building permit, the applicant shall demonstrate to the
satisfaction of the Director of Planning and Building that hazardous materials shan
not be stored along the eastern edge of the site. All hazardous materials shall be
stored within secondary containment capable of holding 150 percent of the largest
container. Hazardous materials shall be stored in a secure area that can be locked
during non-working hours. This will help prevent any unintended hazardous material
spills which could impact quality of runoff water from the site.
5.4-k Silt fence or a similar approved sediment barrier shall be instaned along the eastern
perimeter of the project site, or as directed by a qualified erosion control specialist, to
prevent sediment transport into the Lower Otay Reservoir. Spoil stockpiles shall be
stored at least 20 feet from the perimeter of the site. A qualified monitor shall inspect
all erosion and sediment control devices onsite prior to anticipated storm events,
during extended storm events, and after each storm event to ensure that the structures
are functioning properly. Inspection logs shall be kept onsite and submitted to the
City upon request.
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Finding:
As identified in Section 5.0, Subchapter 5.4 of the SEIR, pursuant to Section 15091(a)(I) of the
CEQA Guidelines changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the SEIR to
a level of insignificance.
Traffic/Circulation
Thresholds of Significance:
Traffic impacts are defined as either project specific impacts or cumulative impacts. Project
specific impacts are those impacts for which the addition of project trips results in an identifiable
degradation in level of service on freeway segments, roadway segments, or intersections,
triggering the need for specific project-related improvement strategies. Cumulative impacts are
those in which the project trips contribute to a poor level of service, at a nominal level.
Study horizon year describes a future period of time that corresponds to SANDAG's traffic
model years, and are meant to synchronize study impacts to be in line with typical study years of
2005,2010,2015 and 2030.
The measure of effectiveness for intersection operations is Level of Service (LOS). In the 2000
Highway Capacity Manual (HCM), LOS for signalized intersections is defined in terms of delay.
The LOS analysis results in seconds of delay expressed in terms of letters A through F. Delay is
a measure of driver discomfort, frustration, fuel consumption, and lost travel time.
For signalized intersections, LOS criteria are stated in terms of average control delay per vehicle
for a 15-minute analysis period. Control delay includes initial deceleration delay, queue move-
up time, stopped delay, and final acceleration delay. For unsignalized intersections, LOS is
determined by the computed or measured control delay and is defmed for each minor movement.
Table 5.5-4, Level of Service Thresholds for Signalized and Unsignalized Intersections, depicts
the LOS criteria for both signalized and unsignalized intersections.
Level of Service Thresholds for Signalized and Unsignalized Intersections
0.0 < 10.0
10.1 to 20.0
20.1 to 35.0
35.1 to 55.0
55.1 to 80.0
~80.0
0.0 < 10.0
10.1 to 15.0
15.1 to 25.0
25.1 to 35.0
35.1 to 50.0
~50.0
2-~1
Criteria for determining whether the project results in either project specific or cumulative
impacts on freeway segments, roadway segments, or intersections are as follows:
Short-Term (Study Horizon Year 0 to 4)
For purposes of the short-term analysis roadway sections may be defined as either links or
segments. A link is typically that section of roadway between two adjacent Circulation Element
intersections, and a segment is defined as that combination of contiguous links used in the
Growth Management Plan Traffic Monitoring Program. Analysis of roadway links under short-
term conditions may require a more detailed analysis using the Growth Management Oversight
Committee (GMOC) methodology if the typical planning analysis using volume to capacity
ratios on an individual link indicates a potential impact to that link. The GMOC analysis uses
the Highway Capacity Manual (HCM) methodology of average travel speed based on actual
measurements on the segments as listed in the Growth Management Plan Traffic Monitoring
Program.
Intersections
a) Project specific impact if both the following criteria are met:
1. Level of service if LOS E or LOS F.
11. Project trips comprise 5% or more of entering volume.
b) Cumulative impact if only (i) is met.
Street Links/Segments
If the planning analysis using the volume to capacity ratio indicated LOS C or better, there is no
impact. If the planning analysis indicates LOS D, E or F, the GMOC method should be utilized.
The folIowing criteria would then be utilized:
a) Project specific impact if all the following criteria are met:
1. Level of service is LOS D for more than 2 hours or LOS ElF for 1 hour
11. Project trips comprise 5% or more of segment volume.
111. Project adds greater than 800 ADT to the segment.
b) Cumulative impact if only (i) is met.
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Freeways
a) Project specific impact if all the following criteria are met:
1. Freeway segment LOS is LOS E or LOS F
11. Project comprises 5% or more of the total forecasted ADT on that freeway
segment.
b) Cumulative impact if only (i) is met.
Long-term (Study Horizon Year 5 and Later)
Intersections
a) Project specific impact if all the following criteria are met:
1. Level of service is LOS E or LOS F.
11. Project trips comprise 5% or more of entering volume.
b) Cumulative impact if only (i) is met.
Street Links/Segments
Use the planning analysis using the volume to capacity ratio methodology only. The GMOC
analysis methodology is not applicable beyond a four-year horizon.
a) Project specific impact if all the following criteria are met:
1. Level of service is LOS D, LOS E or LOS F.
11. Project trips comprise 5% or more of total segment volume.
111. Project adds greater than 800 ADT to the segment.
b) Cumulative impact if only (i) is met. However, if the intersections along a LOS D or
LOS E segment all operate at LOS D or better, the segment impact is considered not
significant since intersection analysis is more indicative of actual roadway system
operations than street segment analysis. If segment Level of Service is LOS F, impact is
significant regardless of intersection LOS.
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c) Notwithstanding the foregoing, if the impact identified in paragraph a. above occurs at
study horizon year 10 or later, and is offsite and not adjacent to the project, the impact is
considered cumulative. Study year 10 may be that typical SANDAG model year which is
between 8 and 13 years in the future. In this case of a traffic study being performed in
the period of 2003 to 2004, because the typical model will only evaluate traffic at years
divisible by 5 (i.e. 2005,2010,2015 and 2020). Year 2010 is only 5 years in the future.
Since the model year is less than 7 years in the future, study horizon year 10 (Year 2015)
is 11 years in the future.
d) In the event a direct identified project specific impact in paragraph a. above occurs at
study horizon year 5 or earlier and the impact is offsite and not adjacent to this project,
but the property immediately adjacent to the identified project specific impact is also
proposed to be developed in approximately the same time frame, an additional analysis
may be required to -determine whether or not the identified project specific impact would
still occur if the development of the adjacent property does not take place. If the
additional analysis concludes that the identified project specific impact is no longer a
direct impact, then the impact shall be considered cumulative.
Freeway Analysis
a) Project specific impact if all the following criteria are met:
1. Freeway segment LOS is LOS E or LOS F
11. Project comprises 5% or more of the total forecasted ADT on that freeway
segment.
b) Cumulative impact if only (i) is met.
Impact: The project would result in unacceptable service levels at an intersection.
The level of service at the project driveway and Olympic Parkway will degrade to an
unacceptable level of service.
Explanation:
The level of service at the project driveway and Olympic Parkway will degrade to F as a result of
the project from vehicles entering and exiting the project, which would be a significant direct
impact of the proposed project.
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Mitigation Measures:
5.5-a Prior to approval of the grading plan, the applicant shall enter into an agreement to
design, construct, and secure a fully actuated traffic signal including interconnect wiring,
mast arms, signal heads and associated equipment, underground improvements, standards
and luminaires at the Olympic Parkway/Project Driveway intersection. The design of the
signal shall be to the satisfaction of the City Engineer and conform to City standards.
The applicant shall provide the following intersection geometry:
Westbound: One left-turn lane (with 100 feet of storage) and two through lanes
Southbound: None
Northbound: One left-turn lane and one right-turn lane (With a storage length of 75 feet
in each)
Eastbound: One shared through/right lane and one through lane.
A signal shaH be installed at the project driveway and two outbound (northbound) lanes,
one left-turn and one right-turn lane, and two inbound (southbound) lanes be provided.
5.5-b Prior to approval of building permits, the median opening on Olympic Parkway further
shall be relocated west from its current location to accommodate the proposed project
driveway.
5.5-c Prior to approval of building permits, a ''No U Turn" sign for eastbound traffic on
Olympic Parkway at the Olympic ParkwaylWueste Road intersection shall be installed.
Finding:
As identified in Section 5.0, Subchapter 5.3 of the SEIR, pursuant to Section 15091(a)(I) of the
CEQA Guidelines changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the SEIR to
a level of insignificance.
Impact: Optional construction road would result in potential hazards to pedestrians and
Wueste Road traffic.
The potential conflict between construction-related traffic and vehicular, pedestrian and bicycle
traffic on Wueste Road and the adjacent trail would also be a significant direct impact of the
optional construction access road.
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Explanation:
It is estimated that approximately 25 percent of construction related traffic would access the
project site through this access point once the fIrst four buildings are constructed along Olympic
Parkway. This optional construction access road would help alleviate construction-related traffic
along Olympic Parkway and construction-related traffic interaction with onsite residents.
Construction traffic would be minimal and sporadic in nature therefore LOS conditions on
Wueste Road would not be significantly impacted. However, traffic safety issues may result as
the temporary road outlets into a sharp curve in Wueste Road and would cross an existing
bicycle and pedestrian trail.
Mitigation Measures:
5.5-d Prior to approval of the grading permit for the temporary construction access road, a
Traffic Control Plan shall be prepared to the satisfaction of the City Engineer for the
Wueste Road/access road intersection. The Traffic Control Plan shall be implemented
for the duration of the use of the temporary access road. The Traffic Control Plan shall
address methods to avoid conflicts between vehicles on Wueste Road/pedestrians and
bicyclists on the trail adjacent to Wueste Road and construction vehicles entering and
exiting the site.
Finding:
As identified in Section 5.0, Subchapter 5.3 of the SEIR, pursuant to Section 15091(a)(I) of the
CEQA Guidelines changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the SEIR to
a level of insignificance.
Impact: Initial site preparation and programmatic environmental analysis of the larger
EastLake community resulted in significant traffic impacts.
Original programmatic traffic analysis determined that the larger EastLake area, of which this
project is a component, would result in significant impacts.
Explanation:
In FSEIR #01-01, significant unmitigable impacts to traffic and circulation patterns were
determined for 2005,2010,2015,2020 and build-out conditions. Impacts to freeway operations
were also identified as significant. Because this environmental document is tiered off FSEIR
#01-01, this significant, unmitigable impact must be carried forward as the project would
contribute an incremental amount to these traffic impacts. A traffic impact was identified for
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buildout of the community, and the proposed project would result in an incremental contribution
to the traffic from buildout of the community, therefore a significant cumulative unmitigated
traffic impact would occur.
Mitigation Measures:
Specific mitigation measures were identified in FSEIR #01-01 to reduce potential significant
impacts, however cumulative impacts would be unmitigable.
Finding:
Pursuant to Sections 15043 and 15093 of the State CEQA Guidelines, specific economic social
and other considerations warranted adoption of the previous EIR. While mitigation measures
5.5-a - 5.5-c are feasible and will be completed to handle the local circulation issues, these
improvements will not lessen the cumulative impact of the regional development of eastern
Chula Vista to level below significant. Adoption of a Statement of Overriding Considerations
will be required should the decision makers choose to approve the proposed project.
Air Quality
Significance Thresholds:
Threshold 1: Would the project conflict with or obstruct the implementation of the applicable
air quality plan?
Threshold 2: Would the project violate any air quality standard or contribute substantially to an
existing or projected air quality violation?
Threshold 3: Would the project result in cumulatively considerable net increase of any criteria
pollutant for which the project region is in non-attainment under an applicable
federal or state ambient air quality standard (including releasing emissions which
exceed quantitative thresholds for ozone precursors)?
Threshold 4: Would the project expose sensitive receptors to substantial pollutant
concentrations?
Threshold 5: Would the project create objectionable odors affecting a substantial number of
people?
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Impact:
Expose people or sensitive receptors to significant pollutant concentrations.
During construction, Reactive Organic Compounds (ROC) emissions would exceed the daily
standard.
Explanation:
Many interior and outdoor painting supplies contain high levels of volatile organic compounds
(VOCs), which are a type of ROCs, to help them dry faster. VOCs emit smog-forming
chemicals into the air that are a major contributor to ground-level ozone pollution. Maximum
construction-generated ROC emissions of 360.27 pounds per day are anticipated to be associated
with project construction in 2008 (time period when painting of buildings and interiors would
occur) and would exceed the ROC threshold of 137 pounds per day. The exceedance ofthe daily
ROC standard is considered significant as this would result in the release of a substantial
concentration of pollutants.
Mitigation Measures:
5.6-a To the maximum extent feasible, the project developer shall use zero-Volatile Organic
Compounds (VOC)-content architectural coatings during project construction/application
of paints and other architectural coatings to reduce ozone precursors. If zero- VOC paint
cannot be utilized, the developer shall avoid to the maximum extent feasible, application
of architectural coatings during the peak smog season: July, August, and September.
Finding:
As identified in Section 5.0, Subchapter 5.3 of the SEIR, pursuant to Section 15091(a)(I) of the
CEQA Guidelines changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the SEIR to
a level of insignificance.
Impact: The project violates an air quality standard or contributes substantially to an
existing or projected air quality violation
Although construction-related emissions would not surpass PMI0 thresholds, the project will
generate nuisance dust and fine particulate matter.
Explanation:
Although construction-related emissions would not surpass PMI0 thresholds, the project will
generate nuisance dust and fine particulate matter. Dust and particulate matter must remain
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below an 100 pounds per day threshold. In the year 2006, the project would generate
approximately 26.11 pounds per day which is well within the allowable limit. Further, in 2007,
the project would result in 5.67 pounds per day and in 2008 it would be 7.33 pounds per day.
While this would not constitute a significant impact, mitigation has been included.
Mitigation Measures:
5.6-b Prior to approval of any grading permit, the following measures shall be placed as notes
on all grading plans and implemented during grading to reduce dust and exhaust
emissions (PMlO) and ozone precursors (ROC and NOx):
a) Minimize simultaneous operation of multiple construction equipment units
b) Use low pollutant-emitting equipment
c) Use catalytic reduction for gasoline-powered equipment
d) Use injection timing retard for diesel-powered equipment
e) Water the grading areas a minimum of twice daily to minimize fugitive dust
f) Stabilize graded areas as quickly as possible to minimize fugitive dust
g) Apply chemical stabilizer or pave the last 100 feet of internal travel path within
the construction site prior to public road entry
h) Install wheel washers adjacent to a paved apron prior to vehicle entry on public
roads
i) Remove any visible track-out into traveled public streets within 30 minutes of
occurrence
j) Wet wash the construction access point at the end of the workday if any vehicle
travel on unpaved surfaces has occurred
k) Provide sufficient perimeter erosion control to prevent washout of silty material
onto public roads
I) Cover haul trucks or maintain at least 12 inches of freeboard to reduce blow-off
during hauling
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m) Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25
mph
n) Cover/ water onsite stockpiles of excavated material; and
0) Enforce a 20 mile-per-hour speed limit on unpaved surfaces.
Finding:
As identified in Section 5.0, Subchapter 5.6 of the SEIR, pursuant to Section 15091(a)(1) of the
CEQA Guidelines changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the SEIR to
a level of insignificance.
Impact: The project would result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is in non-attainment
The project would contribute to regional, cumulative air quality violations as a component of
EastLake communities buildout.
Explanation:
In FSEIR #01-01, significant unmitigable impacts to air quality were documented as a result of
nonconformance with regional air quality plans and overall project (entire EastLake III
development) impacts on regional air quality. This impact identified in FSEIR #01-01 must
therefore be carried forward. While the proposed project would generate less than half of the
projected traffic for the site under the existing land use designation, it would still contribute
incrementally to overall cumulative vehicular emissions generated by buildout of the area.
Mitigation Measures:
No feasible measure are available to mitigate this impact.
Finding:
Pursuant to Sections 15043 and 15093 of the State CEQA Guidelines, specific economic social
and other considerations warranted adoption of the previous EIR. While mitigation measures
5.6-a - 5.6-b are feasible and will be completed to handle project specific impacts, these
improvements will not lessen the cumulative impact to air quality due to the regional
development of eastern Chula Vista. Adoption of a Statement of Overriding Considerations will
be required should the decision makers choose to approve the proposed project.
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Noise
Significance Thresholds:
Threshold 1: Exposure of persons to or generation of noise levels in excess of standards
established in the local general plan or noise ordinance, or applicable standards of
other agencies?
Threshold 2: Exposure of persons to or generation of excessive groundborne vibration or
groundborne noise levels?
Threshold 3: A substantial permanent increase in ambient noise levels in the project vicinity
above levels existing without the project?
Threshold 4: A substantial temporary or periodic increase in ambient noise levels in the project
vicinity above levels existing without the project?
Threshold 5: For a project located within an airport land use plan or, where such a plan has not
been adopted, within two miles of a public airport or public use airport, would the
project expose people residing or working in the project area to excessive noise
levels?
Threshold 6: For a project located within the vicinity of a private airstrip, would the project
expose people residing or working in the project area to excessive noise levels?
Impact: The project will result in exposure of persons to or generation of noise levels in
excess of standards established in the local general plan or noise ordinance, or
applicable standards of other agencies.
Potential exposure to interior noise levels greater than the City's allowable limit of 45 dB CNEL
would be considered significant.
Explanation:
The project would generate approximately 1,976 ADT and would increase the traffic volume by
up to approximately 1,720 ADT along Olympic Parkway. The future buildout traffic volume
along Olympic Parkway adjacent to the project site is projected to be approximately 31,800
ADT. The additional project-generated traffic would increase the existing noise levels along
Olympic Parkway by less than one dB CNEL (from 52 dB to approximately 53 dB). A one dB
CNEL increase in the noise level would not be perceptible to the human ear. A noise level
increase of up to three dB is generally not considered significant. Typically, a three dB change
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in community noise is considered a just-noticeable difference. The nOIse level increase
associated with the project, shown in Table 5.7-6, Summary of Project Related Off-Site Traffic
Noise Impacts, would be less than significant. It should be noted that the SEIR reflects the
worse-case scenario from a project traffic noise contribution standpoint. Once the community is
built-out (i.e., ambient traffic levels increase due to more residents, traffic, etc.), the project's
audible contribution to the overall noise environment would be less compared to the existing
setting (due to less traffic, residents, etc.).
The future traffic noise levels would range up to approximately 69 dB CNEL at the patio and
balcony areas. These noise levels would exceed the City's exterior noise criterion which would
result in a significant impact.
The City and State require that interior noise levels not exceed a CNEL of 45 dB within multi-
family homes. Typically, with the windows open, building shells provide approximately 15 dB
of noise reduction. Therefore, rooms exposed to an exterior CNEL greater than 60 dB could
result in an interior CNEL greater than 45 dB. The upper floors of Buildings 1,2 and 13, which
are adjacent to Olympic Parkway, would be exposed to traffic noise ranging up to 70 dB CNEL.
Because rooms in Buildings 1, 2 and 13 would be exposed to exterior noise levels of greater than
60 dB CNEL, it is anticipated that interior noise levels would exceed City and State requirements
of 45 dB CNEL which essentially exceeds allowable limits for operational activities. Therefore,
significant interior noise impacts would occur.
Mitigation Measures:
5.7-a Prior to issuance of building permits, where exterior noise levels on internal roadways
exceed 60 CNEL, additional measures shall be required to attenuate interior noise to the
City's 45 CNEL standard, such as inoperable or double-paned windows. For those units
that require the windows to be closed to achieve the interior noise standard, forced-air
circulation or air conditioning shall be provided by the applicant. An acoustical analysis
shall be conducted for Buildings 1, 2 and 13 that are adjacent to Olympic Parkway
concurrent with the submittal of construction drawings and shall be approved by the
Director of Planning and Building and the Environmental Review Coordinator prior to
approval of building permits. The acoustical analysis shall demonstrate that interior
noise levels due to exterior noise sources would be below the 45 CNEL standard.
5.7-b Five foot high noise barriers around the perimeter of the individual private patio and
balconies at some of the dwelling units in Buildings 1, 2 and 13 (adjacent to Olympic
Parkway) would be required to mitigate for traffic noise impacts. Sound walls may be
constructed of any masonry material, or material such as tempered glass or Plexiglas with
a surface density of at least three pounds per square foot. The sound wall should have no
openings or cracks. The table below (Dwelling Units Requiring Sound Walls around
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Patios or Balconies), provides a summary of required walIs that would achieve 65 CNEL
at the exterior patios/balconies.
Dwelling Units Requiring Sound Walls Around Patios or Balconies
104
204 2
302-306 3
402-406 4
2 409 4
Finding:
As identified in Section 5.0, Subchapter 5.7 ofthe SEIR, pursuant to Section 15091(a)(I) of the
CEQA Guidelines changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the SEIR to
a level of insignificance.
Public Services and Utilities
Significance Thresholds:
Threshold 1: Would the project exceed wastewater treatment requirements of the applicable
Regional Water Quality Control Board?
Threshold 2: Would the project require or result in the construction of new water or wastewater
treatment facilities or expansion of existing facilities, the construction of which
could cause significant environmental effects?
Threshold 3: Would the project require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the construction of which
could cause significant environmental effects?
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Threshold 4: Would the project have sufficient water supplies available to serve the project
from existing entitlements and resources, or are new or expanded entitlements
needed?
Threshold 5: Would the project result in a determination by the wastewater treatment provider
which serves or project that it has adequate capacity to serve the project's
projected demand in addition to the provider's existing commitments?
Threshold 6: Would the project be served by a landfill with sufficient permitted capacity to
accommodate the project's solid waste disposal needs?
Threshold 7: Would the project comply with federal, state, and local statutes and regulations
related to solid waste?
Threshold 8: Result in substantial adverse physical impacts associated with the provision of
new or physically altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response
times or other performance objectives for any of the public services:
Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
In addition, the City has adopted Growth Management Thresholds specific to the needs to the
City. These thresholds are consistent with the intent of CEQA and in effect, provide more
specific guidelines for significant findings. Therefore, the following significance thresholds are
used:
Threshold A: Developer wilI request and deliver to the City a service availability letter from the
Water District for each project.
Threshold B: Sewage flows and volumes shall not exceed City Engineering Standards.
Threshold C: The City shall construct 60,000 gross square feet (GSF) of additional library
space, over the June 30, 2000 GSF total, in the area east of Interstate 805 by
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buildout. The construction of said facilities shall be phased such that the City will
not fall below the citywide ratio of 500 GSF per 1,000 population. Library
facilities are to be adequately equipped and staffed.
Threshold D: Stormwater flows and volumes shall not exceed City Engineering standards.
Threshold E: Three acres of neighborhood and community parkland with appropriate facilities
shall be provided per 1,000 residents east ofI-805.
Threshold F: Police Emergency Response: Properly equipped and staffed police units shall
respond to 81 % of the Priority I emergency calls throughout the City within seven
(7) minutes and shall maintain an average response time to all Priority I calls of
five minutes and thirty seconds (5.5 minutes) or less (measured annually).
Threshold G: Police Urgent Response: Properly equipped and staffed police units shall respond
to 57% of the Priority III, urgent calls throughout the City within seven (7)
minutes and shall maintain an average response time to all Priority II calls of
seven minutes and thirty seconds (7.5 minutes) or less (measured annually).
Threshold H: Emergency Response: Properly equipped and staffed fire and medical units shall
respond to calls throughout the city within seven (7) minutes in 80% of the cases.
Impact: The proposed SPA Plan would result in an incremental impact on public
facilities if they are not provided commensurate with demand. The incremental
contribution of solid waste, and demand on water and sewer service, parks, fire,
police, emergency services, libraries and schools would be significant.
Explanation:
The project would not result in the need for new water, wastewater, storm drain, school, fire
station, police or library facilities beyond those that are already constructed- or planned for
construction due to the planned build-out of the EastLake area of which this project is a
component. That said, the project's future residents would have an incremental effect on the
City's ability to maintain adequate public services, therefore the project must pay a fair-share
development impact fee to help off-set this cost.
Mitigation Measures:
5.8-a Prior to approval the Final Map, the applicant shall demonstrate compliance with
recycling policies in the City's General Plan and Municipal Code. Demonstration of
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compliance with these policies shall include construction of onsite recycling facilities,
recycling program establishment, etc.
5.8-b Prior to approval of the Final Map, a minimum of 3.86 acres of parkland will be
established within the project area in accordance with the City of Chula Vista Municipal
Code Section 17.10.40. Any shortfall in parkland acreage dedication shall result in
payment of the park acquisition component of the Park Acquisition and Development
(PAD Fee). Given the lack of available acreage that could be acquired to serve the
development, the acquisition component of the PAD Fee will be waived and a payment
of $4.1 million (including the development portion of the fee and land acquisition fee
adjusted over dedication at Eastlake Vistas neighborhood park) will be made which can
be utilized to fund construction of park and public facilities serving the EastLake
Community. Any excess funds that remain once these facilities are complete can be
utilized on other park or public facilities serving the Eastern Territories of Chula Vista.
The Developer will pay the development component of the PAD Fee as required by the
City (EastLake III SPA Plan, February 20, 2006 and personal communication with Jack
Griffin, City of Chula Vista April 3, 2006).
5.8-c Prior to issuance of building permits, the applicant shall be required to pay the Public
Facilities Development Impact Fees (PFDIF) at the rate in effect at the time building
permits are issued as determined by the City Engineer, to offset impacts on City fire,
police, emergency services and libraries.
5.8-d Prior to approval ofthe Tentative Map, the applicant shall submit plans showing fire flow
and fire hydrant locations to the City of Chula Vista Fire Prevention Division for review
and approval.
5.8-e Prior to approval of building permits, the applicant shall pay all required school
mitigation fees at the rate in effect at the time building permits are issued or enter into an
agreement to help finance the needed facilities and services for the Chula Vista
Elementary School District and Sweetwater Union High School District. .
5.8-f Water and sewer facility improvements shall be financed or installed on- and off-site in
accordance with the fees and phasing in the approved Public Facilities Financing Plan for
the SPA Plan.
5.8-g The City of Chula Vista shall continue to monitor Police and Fire Department responses
to emergency calls and report the results to the Growth Management Oversight
Committee on an annual basis.
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Impact: The project would potentially impact recreational facilities.
Safety issues for recreational trail users directly exposed to crossing construction traffic as a
result of the optional construction road will be significant.
Explanation:
The construction road will directly affect the existing trail along the west side of Wueste Road.
Construction vehicles would cross directly over the trail and would pose a safety risk to
pedestrians, bicyclists and other recreational trail users during construction activities. For this
reason, mitigation, in the form of a Traffic Control Plan, will address safety issues related to
recreational trail users throughout project construction.
Mitigation Measures:
5.8-h Prior to approval of the grading permit for the optional construction access road, a traffic
control plan shall be prepared to the satisfaction of the City Engineer that addresses
pedestrian, bicycle and vehicular safety during construction at the intersection of Wueste
Road and the option construction access road.
Finding:
As identified in Section 5.0, Subchapter 5.8 of the SEIR, pursuant to Section 15091(a)(I) of the
CEQA Guidelines changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the SEIR to
a level of insignificance.
Biological Resources
Significance Thresholds:
Threshold 1: Would the project conflict with the provisions of an adopted Habitat Conservation
Plan, Natural Conservation Community Plan, or other approved local, regional, or
state habitat conservation plan or other approved local, regional or state habitat
conservation plan?
Threshold 2: Have a substantial adverse effect, either directly or through habitat modifications
on any species identified as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by the California Department of
Fish and Game or U. S. Fish and Wildlife Service?
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Threshold 3: Have a substantial adverse effect on any riparian habitat or other sensitive natural
community identified in local or regional plans, policies, regulations or by the
California Department ofFish and Game or US Fish and Wildlife Service?
Threshold 4: Have a substantial adverse effect on federally protected wetlands as defined by
Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal
pool, coastal, etc.) through direct removal, filling, hydrological interruption or
other means?
Threshold 5: Interfere substantially with the movement of any native resident or migratory fish
or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of wildlife nursery sites?
Threshold 6: Conflict with any local policies or ordinances protecting biological resources,
such as a tree preservation policy or ordinance?
Impact: The project (including the optional pedestrian trail and construction access
road) would result in potential indirect impacts to sensitive species and habitats
within adjacent Preserve areas.
Potential direct impacts to narrow endemic plant species and potential indirect impacts to habitat
and reserve features may occur within the optional pedestrian trail and optional construction
access road should they be implemented.
Explanation:
The optional construction road and trail would impact areas that could support narrow endemic
plants. Although none were identified during winter 2005-2006 surveys conducted for the
project, surveys were not conducted within the optimal season for some of the annual narrow
endemic plants. Potentially suitable habitat for these plants exist onsite, and therefore, there is a
potential for impacts to narrow endemic plant species. This potential impact to .narrow endemic
plants within the optional pedestrian trail and temporary construction roadway alignments would
result in a significant impact.
The proposed project and optional features would also be located adjacent to areas intended for
conservation, therefore indirect impacts related to urban pollutant runoff, toxic substances, new
light sources and invasive landscaping would occur and be considered significant.
Finally, without implementation of required mitigation, the project could potentially be
inconsistent with the City's HLIT Ordinance which would constitute a significant impact.
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Mitigation Measures:
5.9-a In accordance with the adjacency guidelines contained in the Subarea Plan, mitigation to
minimize indirect impacts to sensitive wildlife species, sensitive plant communities and
functions of the Preserve as envisioned in the City's Subarea Plan are as follows:
Drainage and Toxic Substances
Pollution reduction measures, such as oil and water separators, shall be installed in all
drainage systems at the property line to eliminate introduction of contaminants into
the Preserve. Such measures shall be indicated on grading plans and approved by the
City prior to issuance of any land development pennit, including clearing and
grubbing and grading permits. The installation of these pollution reduction measures
shall be verified by the City during project construction.
Additional best management practices for reduction to impacts to drainages include:
slopes and channels will be protected from erosion; storm drain stenciling and
signage will be employed, and control of post-development peak storm water runoff
discharge rates and velocities will be enacted to maintain or reduce downstream
erosion and to protect stream habitat. These measures shall be further outlined in the
project SWPPP.
Lighting
Light shielding to protect the Preserve from spill-over during construction activities
shall be required. In addition, lighting proposed for the residential development shall
be directed away and shielded from the Preserve. Low sodium lighting shall also be
utilized. Prior to issuance of a building permit, a lighting plan shall be submitted to
the City's Environmental Review Coordinator for review and approval. The lighting
plan shall illustrate the location of the proposed lighting standards and type of
shielding measures. Low-pressure sodium lighting shall be used if feasible and shall
be subject to the approval of the City's Environmental Review Coordinator and City
Engineer.
Noise
Construction activities shall include noise reduction measures or be conducted outside
the breeding season of sensitive bird species. In particular, grading restrictions shall
be implemented during the breeding season (February 15 through August 15) of the
California gnatcatcher, and if construction is proposed during the breeding season,
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noise levels shall not exceed 60 dB(A) Leq within 500 feet of an active gnatcatcher
nest.
Noise impacts adjacent to the preserve shall be minimized through installation of
berms or walls adjacent to the residential areas and any other use that may introduce
noises that could impact or interfere with wildlife utilization of the Preserve.
Invasives
Native vegetation shall be used for revegetating the temporary access road, and shall
be incorporated into the landscape plan to the satisfaction of the Director of Planning
and Building. Such measures shall be indicated on grading plans and approved by the
City prior to issuance of any land development permit, including clearing and
grubbing and grading permits. Prior to issuance of a grading permit, landscape plans
shall be submitted to the City for review and approval.
5.9-b Prior to issuance of any land development permit, including clearing and grubbing and
grading permits, for the optional trail and temporary construction access road, the
applicant shall retain a City-approved biologist to conduct a Narrow Endemic species
survey. Once surveys have been completed, an impact analysis shall be prepared to
determine the impacts to any narrow endemic species found in those areas and include
mitigation measures in accordance with Section 5.2.3 of the City's Subarea Plan. Finally,
the impact analysis shall be submitted to the City's Environmental Review Coordinator
for review and approval prior to initiating any construction activities. If a narrow
endemic plant population is discovered, impacts shall be limited to 20% of the population
within the project area, and appropriate mitigation shall be provided to meet the
requirements of biological equivalency in Section 5.2.3.6 of the Subarea Plan. The City
shall prepare findings of equivalency to authorize "Take" of the portion of the plant
population.
If, after the comprehensive consideration of avoidance and mmull1zation measures,
impacts exceed 20% of the covered Narrow Endemic Species population within the
project area, the City must make a determination of biologically superior preservation
consistent with Section 5.2.3.7 ofthe Subarea Plan. This determination shall be based on
appropriate mitigation sufficient to meet the requirements established for biologically
superior preservation identified in Section 5.2.3.7 of the Subarea Plan. The City shall
process the appropriate findings in accordance with Section 5.2.3.3 of the Subarea Plan.
If such findings cannot be made for either or both of these optional project features, the
feature(s) that are not consistent with the policies related to narrow endemic species shall
not be implemented.
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Finding:
As identified in Section 5.0, Subchapter 5.9 of the SEIR, pursuant to Section 15091(a)(I) of the
CEQA Guidelines changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the SEIR to
a level of insignificance.
Paleontological Resources
Significance Thresholds:
Threshold 1: Would the project directly or indirectly destroy a unique paleontological resource
or site or unique geologic feature?
Impact: The project could potentially impact a unique paleontological resource.
The project may impact paleontological resources during grading and building piling excavation.
Explanation:
A majority of the grading activity onsite would impact the existing building pad structure which
is situated on already disturbed soils. However, during construction, boring of the building
column holes may result in impacts to previously undisturbed soils underneath the existing
building pad structure. This would result in a potentially significant impact.
Mitigation Measures:
5.10-a Prior to issuance of a grading permit, the applicant shall confirm in writing to the City of
Chula Vista that a qualified paleontologist has been retained to carry out the mitigation
described herein. A qualified paleontologist is defined as an individual with a M.S. or
Ph. D. in paleontology or geology who is familiar with paleontologicaL procedures and
techniques. A paleontological monitor may be retained to perform the on-site monitoring
in place of the qualified paleontologist. A paleontological monitor is defined as an
individual who has experience in the collection and salvage of fossil materials and who is
working under the supervision of a qualified paleontologist.
5.10-b The qualified paleontologist or paleontological monitor shall attend preconstruction
meeting to consult with the grading and excavation contractors. The paleontologist's
duties shall include monitoring of grading, salvaging, preparation of collected materials
for storage at a scientific institution that houses paleontological collections, and
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preparation of a monitoring results report. For each step below, the paleontologist should
present results to the City ofChula Vista for review. These duties are defined as follows:
The paleontologist or paleontological monitor shall be on-site during the original
cutting of previously undisturbed sediments of the Otay Formation to inspect cuts
for fossils contained therein. The Sweetwater Formation should be monitored on
an as-needed basis as determined by the paleontologist or paleontological
monitor. The frequency of inspections would depend upon the rate of excavation,
the materials excavated, and the abundance of fossils. The paleontologist would
work with the contractor to determine the monitoring locations and amount of
time necessary to ensure adequate monitoring of the project site.
In the event that fossils are encountered, the paleontologist (or paleontological
monitor) shall have the authority to divert or temporarily halt construction
activities in the area of discovery to allow recovery of fossil remains in a timely
fashion. Because of the potential for recovery of small fossil remains, it may be
necessary to set up a screen-washing operation on-site.
Fossil remains shall be cleaned, sorted, repaired, cataloged, and then stored in a
local scientific institution that houses paleontological collections, such as the San
Diego Natural History Museum.
A monitoring results report with appropriate graphics summarizing the results
(even if negative), analyses, and conclusions of the above program shall be
prepared and submitted to the City of Chula Vista within 90 days following the
termination ofthe paleontological monitoring program.
Finding:
As identified in Section 5.0, Subchapter 5.10 of the SEIR, pursuant to Section 15091(a)(1) of the
CEQA Guidelines changes or alterations are required in, or incorporated into,- the project that
will substantially lessen or avoid the significant environmental effect as identified in the SEIR to
a level of insignificance.
x.
CUMULATIVE SIGNIFICANT EFFECTS & MITIGATION MEASURES
Cumulative impacts are those which "are considered when viewed in connection with the effects
of past projects, the effect of other current projects, and the effects of probable future projects"
(pub. Resources Code Section 21082.2 subd. (b)). Several development proposals have been
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submitted for consideration or have been recently approved by the City of Chula in proximity of
the project site for the EastLake III Senior Housing project. These "current or probable future"
development proposals can affect many of the same natural resources and public infrastructure as
development of the EastLake III Senior Housing project Potentially significant cumulative
impacts are associated with development of the project in conjunction with these surrounding
development projects.
In formulating mitigation measures for the project, regional issues and cumulative impacts have
been taken into consideration. Many of the mitigation measures adopted for the cumulative
impacts are similar to the project level mitigation measures. This reflects the inability of the
Lead Agency to impose mitigation measures on surrounding jurisdictions (i.e., City of San
Diego, City of National City, and Caltrans) and the contribution of these jurisdictions to
cumulative impacts. The project, along with other related projects, will result in the following
irreversible cumulative environmental changes. All page numbers following the impacts refer to
pages in the SEIR.
The Final Subsequent Environmental Impact Report for the EastLake III Woods and Vistas
Replanning Program EIR (#01-01) provided a comprehensive examination of the cumulative
impacts associated with buildout of the entire EastLake III project in conjunction with other
related projects. The proposed EastLake III Senior Housing project would not substantially
change the conclusions of the cumulative impact analysis from the FSEIR #01-01.
Impact: Land Use, Planning and Zoning
Explanation:
FSEIR #01-01 stated that development that is consistent with the approved plans would not
result in any additional cumulative land use impacts. A significant land use impact would not
occur as long as basic planning principles are achieved. FSEIR #01-01 concluded that the
development of the EastLake III Woods and Vistas parcels would generally be consistent with
and thus achieve the same basic planning principles as the City General plan and General
Development Plan for EastLake III proposed at that time. The loss of agricultural land
associated with project development is a cumulative impact, however, it is not considered
cumulatively significant or cumulatively considerable because the land proposed for
development is neither prime agricultural land nor zoned for agricultural use.
Although the proposed EastLake III Senior Housing project would require a General Plan
Amendment, and amendments to the EastLake III GDP and SPA, the change in land use from
commercial tourist to high-density residential senior housing would not introduce a land use that
would be incompatible with the surrounding mixture of commercial, quasi-public and residential
uses. The change in land use would also not create a significant cumulative loss of commercial
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tourist use. Several other locations in eastern Chula Vista are planned for resortlhotel uses,
including the Otay Ranch Village 13 and Eastern Urban Center. Both sites are located within 2.5
miles of the site and could accommodate the visitors to eastern Chula Vista. Lastly, the proposed
project in conjunction with the buildout of other areas of Chula Vista will contribute to the
conversion of vacant land to urban uses in the eastern area of Chula Vista. However, the site is
planned for development, and is one of the last planned development parcels in the EastLake III
Vistas community. Further, the project site is surrounded by development, and services are
provided to the site. As such, the proposed project would be considered an "infill" development,
would not extend services or promote growth where none is currently planned, and would not
result in a cumulative loss of vacant land. The conversion of vacant land to residential uses and
change in land use from commercial tourist to high density senior housing is not considered
cumulatively significant.
Mitigation Measures:
No mitigation measures are required.
Finding:
The project would not result in a significant cumulative land use impact.
Impact: Landform Alteration/Aesthetics
Explanation:
FSEIR #01-01 states that the City of Chula Vista General Plan, EastLake III General
Development Plan and General Development Plan EIR anticipated the components of the
EastLake III project. Open expanses of rolling hills used for agricultural purposes would be
developed with clustered residential and commercial areas separated by open space. Consistent
with other EIRs, a significant unmitigable cumulative impact associated with landform alteration
and change in visual character was identified. The Chula Vista City Council adopted a
Statement of Overriding Considerations for this impact.
Because the proposed project's environmental analysis is tiered from FSEIR #01-01, this
significant -cumulative impact related to landform alteration and aesthetics must be carried
forward in this document for the decision makers' review.
The proposed project will contribute to the change in visual character of the Lower Otay
Reservoir area. While the project site has been graded and is no longer natural open space, it is
an undeveloped vacant site. The proposed project would incrementally contribute to the
developed, suburban nature of the western rim of the Lower Otay Reservoir. These visual
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changes will be most evident from the Lower Otay Reservoir, Olympic Parkway and Wueste
Road. In conjunction with other existing, developing or planned developments, the project's
contribution to the loss of open space would represent a cumulative impact. The mitigation for
the project impacts would be applicable for cumulative impacts to landform alteration and visual
quality associated with the proposed project. However, this impact would remain significant and
unmitigable.
Mitigation Measures:
No feasible mitigation measures are available to reduce this project impact to a less than
significant level. As a result, the project would contribute to the incremental effect of the
significant, unmitigable landform alteration/aesthetic impact that resulted when the EastLake III
area was developed.
Finding:
The only mitigation available to avoid this impact is the No Project Alternative. Adoption ofthe
No Project Alternative does not meet the goals and objectives of the proposed project discussed
in the SEIR. Therefore pursuant to section 15091 (a)(3) of the CEQA Guidelines, specific
economic, legal, social, technological, or other considerations made this alternative infeasible.
As described in the Statement of Overriding Considerations, however the City Council has
determined that these impacts are acceptable because of specific overriding considerations.
Impact: Geology/Soils
Explanation:
FSEIR #01-01 did not identify cumulative impacts related to geology and soil conditions.
Geology and soil hazards associated with development on surrounding projects would be site-
specific and can be mitigated on a project-by-project basis. The project would- not involve the
pumping or depletion of groundwater resources, which would have the potential to result in
cumulative impacts to groundwater resources and soil stability. Therefore, no significant
cumulative impacts related to geology and soil resources would occur.
Mitigation Measures:
No mitigation measures are required.
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Finding:
The project would not result in a significant cumulative impact to geology and soil resources.
Impact: Water Quality/Hydrology
Explanation:
FSEIR #01-01 concluded that cumulative impacts to Otay Lakes Basin and the Salt Creek
Drainage Basin would occur as a result of development of the EastLake III GDP and SPA Plan.
These impacts would be related to the potential for more channel and soil erosion into the
downstream areas. Increased erosion could negatively impact downstream water quality. To
reduce hydrological impacts to the Otay Lakes Basin, the master drainage system was designed
to divert surface flows from 243 acres to the Salt Creek Basin. Incorporation of this design
feature along with several Best Management Practices were determined to reduce potential
significant cumulative impacts to water quality and hydrology to a level below significant.
Runoff from project development areas, including surface parking lots and landscaped areas will
contribute to the incremental increase in urban runoff to the Otay River system. However, the
proposed project site currently drains to an existing storm drain system that funnels site drainage
to the Salt Creek Drainage Basin to avoid discharge into the Otay Reservoirs. Theproposed
project would not alter this drainage pattern. Further, the project would implement Best
Management Practices to maintain water quality in the Salt Creek Drainage Basin. All drainage
that leaves the project site would be filtered through mechanisms designed to trap pollutants
which would eliminate the project's regional contribution to cumulative water quality issues.. In
compliance with City thresholds, onsite runoff will not exceed pre-development volumes. The
project's compliance with applicable federal, state and city regulations for stormwater and
construction discharges, including the application of Best Management Practices, would reduce
the project's contribution to cumulative impacts to water quality to a level below significance.
Mitigation Measures:
No mitigation measures are required.
Finding:
The project would not result in a significant cumulative impact to water quality and hydrology
resources.
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Impact: Traffic and Circulation
FSEIR #01-01 concluded that significant cumulative traffic circulation impacts at project area
intersections, street segments and freeway operations would occur through the years 2005, 2010,
2015, 2020 and at build-out. Impacts to freeway operations at 1-805 would remain significant
and unmitigable. The Chula Vista City Council adopted a Statement of Overriding
Considerations for this impact.
Because the proposed project's environmental analysis is tiered from FSEJR 01-01, this
significant cumulative impact related to transportation and circulation must be carried forward in
this document.
As discussed in Section 5.0, the proposed project would contribute 1,684 average daily trips less
than assumed for the site under the existing land use designation and as addressed in FSEIR #01-
01. The traffic analysis for the proposed project concluded that, in and of itself, the proposed
project would not result in a significant contribution to traffic on 1-805 and would not result in a
sufficient contribution to regional road network to warrant a cumulative impact. The only traffic
impact identified was project specific. However, because the proposed project is part of the
buildout of the overall EastLake III community, a significant cumulative unmitigable traffic
impact was identified for buildout of the community, and the proposed project would result in an
incremental contribution to the traffic from buildout of the community, a significant cumulative
unmitigated traffic impact is identified.
Mitigation Measures:
No feasible mitigation measures are available to reduce this significant impact to a less than
significant level.
Finding:
The only mitigation available to avoid this impact is the No Project Alternative. Adoption of the
No Project Alternative does not meet the goals and objectives of the proposed project discussed
in the SEIR. Therefore pursuant to section 15091 (a)(3) of the CEQA Guidelines, specific
economic, legal, social, technological, or other considerations made this alternative infeasible.
As describe din the Statement of Overriding Considerations, however the City Council has
determined that these impacts are acceptable because of specific overriding considerations.
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Impact: Air Quality
Explanation:
FSEIR #01-01 concluded that development of the EastLake III community will result in
significant, unmitigable air quality impacts. Compliance with regional air pollution rules and
regulations will reduce potential short-term impacts related to construction, however will not
completely mitigate for them. Project operations-related impacts, including those related to
stationary and mobile sources are projected to exceed South Coast Air Quality Management
District thresholds and would therefore result in significant regional air quality impacts.
Therefore, significant unmitigable cumulative air quality impacts would occur as a result of
buildout of EastLake III. The Chula Vista City Council adopted a Statement of Overriding
Considerations for this impact.
Implementation of the proposed project would result in short-term impacts to air quality
associated with construction and long-term impacts associated with increased vehicle traffic.
The cumulative effect of the proposed project and other projects in the vicinity would
incrementally contribute to the San Diego Air Basin's levels ofPM-lO, ROG, NOx, CO, 03 and
S02. Dust control measures implemented during grading operations would be regulated in
accordance with the rules and regulations of the County of San Diego Air Pollution Control
District (APCD) and the California Air Resources Board, and, on a project level, not exceed
thresholds. However, the San Diego Air Basin is currently in non-attainment status for both
federal and state requirements for 03 and state requirements ofPM-10; therefore, any emissions
would contribute to a significant impact. While the proposed project would generate less than
half of the projected traffic for the site under the existing land use designation, it would still
contribute incrementally to overall cumulative vehicular emissions generated by buildout of the
area. Therefore, the proposed project would contribute to the significant cumulative air quality
impacts which are not be fully mitigable on a project level.
Mitigation Measures:
No feasible mitigation measures are available to reduce this significant impact to a less than
significant level.
Finding:
The only mitigation available to avoid this impact is the No Project Alternative. Adoption ofthe
No Project Alternative does not meet the goals and objectives of the proposed project discussed
in the SEIR. Therefore pursuant to Section 15091 (a)(3) of the CEQA Guidelines, specific
economic, legal, social, technological, or other considerations made this alternative infeasible.
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As describe din the Statement of Overriding Considerations, however the City Council has
determined that these impacts are acceptable because of specific overriding considerations.
Impact: Noise
Explanation:
FSEIR #01-01 states that ambient noise levels in the project area would increase as a result of
new urban activities. Cumulative noise levels from EastLake III and other development in the
Eastern Territories would not exceed land use compatibility standards if mitigation measures for
impacts associated with development on a project-by-project basis are incorporated.
Cumulative noise impacts are discussed in terms of traffic-related noise and a general increase in
urbanization in an area. A project's contribution to cumulative traffic noise would be evaluated
on a project-by-project basis, and if significant impacts are identified (e.g., non-compliance with
noise standards) then mitigation requirements would be imposed. As described in Section 5.7,
Noise, anticipated interior noise levels warrant mitigation to reduce impacts to less than
significant due to the proximity of Olympic Parkway and anticipated traffic levels along this
roadway. Once built, the project will contribute to the overall increase in ambient noise,
however similar to the conclusion described in FSEIR #01-01 for the entire EastLake III
community, because the project and other projects' noise levels within the area would not exceed
land use compatibility standards, cumulative noise impacts would not occur.
Mitigation Measures:
No mitigation measures are required.
Finding:
The project would not result m a significant cumulative impact to the surrounding nOIse
environment.
Impact: Public ServiceslUtilities
Explanation:
FSEIR #01-01 analyzed cumulative impacts to water supply and sewer service. FSEIR #01-01
states that development of the EastLake III project would incrementally increase regional water
consumption, however this increase represents a less than significant impact given current water
availability. Further, this increase in water demand has been planned for within the City of
Chula Vista.
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FSEIR #01-01 indicates that development of the Woods and Vistas would incrementally reduce
the capacity in the Point Lorna Metro Sewer System. However, because the Metro system has
the capacity to accommodate future planned growth, the increased flows would not be
cumulatively significant. FSEIR #01-01 also noted the potential for increased sewer demand to
overwhelm the City's sewer infrastructure. Mitigation was contemplated and has largely been
completed to help convey flows within the City's system prior to its entrance into the Metro
facilities.
The project would involve an incremental increase in demand for public facilities. However, this
demand has been planned for by the City of Chula Vista. Sewer and water services are already
provided to the site, and the associated infrastructure is adequately sized to accommodate the
sewage generation and water demand. OWD has indicated that water supplies are available for
the proposed development. Because other projects considered as part of this cumulative analysis
would also be required to demonstrate sewer service and water availability, cumulative impacts
to sewer and water services would not be significant.
The proposed project would similarly increase demand on police protection and fire and
emergency services. The PFFP that has been prepared for the project addresses the need for
additional police services and recommends methods to maintain acceptable service levels. The
City will evaluate each project considered as part of this cumulative analysis on a similar level,
and each project will be required to pay fees to offset incremental increases in demand created by
the project. Therefore, cumulative impacts to law enforcement and fire protection are not
considered significant.
While the project is an age restricted facility, it may contribute to the cumulative need for
additional school facilities. The proposed project, as well as foreseeable future projects, will be
required to pay school fees to pay for school services and improvements commensurate with
need. Therefore, impacts to schools would not be considered significant.
The proposed project would create a demand for library services to serve its residents, and,
when considered with past, present and future developments, the proj ect would contribute an
incremental demand on libraries. However, the project would pay development fees that would
be used towards library facilities within the City, in accordance with the City's Growth
Management Ordinance. Other projects considered as part of this cumulative impact analysis
would also be required to contribute development fees, as necessary to offset incremental
demand for library services. Therefore, cumulative impacts to libraries would not be significant.
Buildout of the proposed project in conjunction with the cumulative projects analyzed in this
analysis would increase the amount of solid waste generated within the region. As indicated in
Section 5.8, the Otay Landfill has sufficient capacity to accommodate the proposed project.
Additionally, the project, as well as other foreseeable future projects, would implement programs
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and policies related to solid waste management and a recycling program. As a result, no
significant cumulative solid waste impacts would occur.
Mitigation Measures:
No mitigation measures are required.
Finding:
The project would not result in a significant cumulative impact to public facilities and services.
Impact: Biological Resources
FSEIR #01-01 concluded that given the predominance of agricultural land and lack of sensitive
vegetation on the EastLake III project site, the project's contribution to cumulative biological
impacts would not be considered significant. The cumulative loss of sensitive habitats from the
project and other cumulative projects within the City is addressed in the MSCP and the City's
Subarea Plan which was intended to provide the City with a comprehensive plan for preservation
of key biological resources while allowing remaining areas to be developed.
Development of this project, combined with the others described above, would contribute to the
increase in human presence within the eastern Chula Vista area. Continued development within
the eastern areas of Chula Vista and the extension of SR -125 would extend urban land uses into
vacant areas characterized by natural habitats and utilized by the region's sensitive plant and
wildlife species. As indicated in FSEIR #01-01, approval of the MSCP and the City's Subarea
Plan was intended to mitigate for the cumulative loss of sensitive biological resources in Chula
Vista. The project is consistent with the MSCP and City's Subarea Plan. Therefore, the
proposed project, combined with existing, developing or planned projects would not result in
cumulative biological resource impacts.
Mitigation Measures:
No mitigation measures are required.
Finding:
The project would not result in a significant cumulative impact to biological resources.
2-S~
Impact: Paleontological Resources
Explanation:
FSEIR #01-0 I concluded that the EastLake III area contains significant paleontological
resources. Fossils were recovered from the underlying Otay and Sweetwater Formations in
previous EastLake construction and represent significant contributions to California
paleontology. This SEIR indicates that the presence of monitors during construction will
eliminate paleontological impacts on a project-by-project basis.
Monitoring for paleontological resources already occurred during grading of the site in 2002.
However, the proposed project may excavate below previously disturbed formation for the
subterranean parking. Therefore, this project may contribute to cumulative impacts to
paleontological resources during construction of the underground parking. This cumulative
impact will be mitigated through project-specific mitigation measures.
Mitigation Measures:
No mitigation measures are required.
Finding:
The project would not result in a significant cumulative impact to paleontological resources.
XI.
FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES
Because the project wilI cause significant environmental effects, as outlined above, the City must
consider the feasibility of any environmentally superior alternative to the project as finally
approved. The City must evaluate whether one or more of these alternatives could avoid or
substantially lessen the significant environmental effects. Where no significant environmental
effects remain after application of all feasible mitigation measures identified in the SEIR, the
decision makers must still evaluate the project alternatives identified in the SEIR. Under these
circumstances, CEQA requires findings on the feasibility ofproject alternatives.
In general, in preparing and adopting findings, a lead agency need not necessarily address
feasibility when contemplating the approval of a project with significant impacts. Where the
significant impacts can be mitigated to an acceptable (insignificant) level solely by the adoption
of mitigation measures, the agency, in drafting its findings, has no obligation to consider the
feasibility of environmentally superior alternatives, even if their impacts would be less severe
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than those of the projects as mitigated (Laurel Heights Improvement Association v. Regents of
the University ofCalifomia (1988) 47 Cal.3d 376 [253 CaI.Rptr. 426]; Laurel Hills Homeowners
Association v. City Council (1978) 83 Cal.App.3d 515 [147 Cal.Rptr. 842]; Kings County Farm
Bureau v. City of Hanford (1990) 221 Cal.App.3d 692 [270 Cal.Rptr. 650]). Accordingly, for
this project, in adopting the findings concerning project alternatives, the City Council considers
only those environmental impacts that, for the finally approved project, are significant and
cannot be avoided or substantially lessened through mitigation.
If project alternatives are feasible, the decision makers must adopt a Statement of Overriding
Considerations with regard to the project. If there is a feasible alternative to the project, the
decision makers must decide whether it is environmentally superior to the project. Proposed
project alternatives considered must be ones that "could feasibly attain the basic objectives of the
project." However, the CEQA Guidelines also require an EIR to examine alternative~ "capable
of eliminating" environmental effects even if these alternatives ''would impede to some degree
the attainment ofthe project objectives" (CEQA Guidelines, section 15126).
The City has properly considered and reasonably rejected project alternatives as "infeasible"
pursuant to CEQA. CEQA provides the following definition of the term "feasible" as it applies
to the findings requirement: "feasible means capable of being accomplished in a successful
manner within a reasonable period of time, taking into account economic, environmental, social,
and technological factors" (Pub. Resources Code, section 21061.1). The CEQA Guidelines
provide a broader definition of "feasibility" that also encompasses "legal" factors. CEQA
Guidelines section 15364 states, "the lack of legal powers of an agency to use in imposing an
alternative or mitigation measure may be as great a limitation as any economic, environmental,
social, or technological factor" (see also Citizens of Goleta Valley v. Board of Supervisors (1990)
52 Ca1.3d 553,565 [276 Cal.Rptr.410]).
Accordingly, "feasibility" is a term of art under CEQA and thus may be afforded a different
meaning as may be provided by Webster's dictionary or any other sources. Moreover, Public
Resources Code section 21081 governs the "findings" requirement under CEQA with regard to
the feasibility of alternatives. Specifically, no public agency shall approve or carry out a project
for which an environmental impact report has been certified which identifies one or more
significant effects on the environment that would occur if the project is approved or carried out
unless the public agency makes one or more of the following findings:
"Changes or alternations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the final EIR" (CEQA
Guidelines, section 15091, subd. (a)(I)).
"Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the fmding. Such changes have been adopted by such other
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agency or can and should be adopted by such other agency" (CEQA Guidelines, section 15091,
subd. (a)(3)).
"Specific economic, legal, social, technological, or other considerations, including provisions of
employment opportunities for highly trained workers, make infeasible the mitigation measures or
project alternatives identified in the final EIR" (CEQA Guidelines, section 15091, subd. (a)(3)).
The concept of "feasibility" also encompasses the question of whether a particular alternative or
mitigation measure promotes the underlying goals and objectives of a project (City of Del Mar v.
City of San Diego (1982) 133 CaLApp.3d 410,417 [183 Cal. Rptr. 898]). "'[F]easibility' under
CEQA encompasses 'desirability' to the extent that desirability is based on a reasonable
balancing of the relevant economic, environmental, social, and technological factors" (Ibid.; see
also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 715 [29
Cal.Rptr.2d 182]).
These findings contrast and compare the alternatives where appropriate in order to demonstrate
that the selection of the finally approved project, while still resulting in significant environmental
impacts, has substantial environmental, planning, fiscal, and other benefits. In rejecting certain
alternatives, the decision makers have examined the finally approved project objectives and
weighed the ability of the various alternative to meet objectives. The decision makers believe
that the project best meets the finally approved project objectives with the least environmental
impact.
The detailed discussion in Section IX and Section X demonstrates that all but five significant
environmental effects of the project have been either substantially lessened or avoided through
the imposition of existing policies or regulations or by the adoption of additional, formal
mitigation measures recommended in the SEIR. The remaining unmitigated impacts are the
following:
Landform Alteration and Aesthetics (cumulative - overall build-out of the EastLake
III area)
Traffic (cumulative - cumulative traffic and circulation pattern impacts were
determined for 2005,2010,2015,2020 and build-out conditions. Impacts to freeway
operations were also identified)
Air Quality (cumulative - nonconformance with regional air quality plans and overall
project [entire EastLake ill development] impacts on regional air quality)
The FSEIR #01-01 also identified significant and not mitigated impacts for landform alteration
and aesthetics, traffic, and air quality. The EastLake III Senior Housing project would contribute
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to the significant, unmitigated impacts identified above and by the FSEIR #01-01. A Statement
of Overriding Considerations was previously adopted by City Council for the FSEIR #01-01,
from which the EastLake III Senior Housing SEIR tiers.
Thus, the City can fully satisfy its CEQA obligations by determining whether any alternatives
identified in the EIR are both feasible and environmentally superior with respect to the impacts
listed above (Laurel Hills, supra, 83 Cal.App.3d at 519-527 [147 Cal. Rptr842]; Kings County
Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692, 730-731 [270 Cal. Rptr. 650]; and
Laurel Heights Improvement Association v. Regents of the University of California (1988) 47
Cal.3d 376, 400-403 [253 Cal. Rptr. 426]). Table 10-1 in the SEIR (SEIR, Chapter 10, page 10-
16) provides a summary table comparing each of the alternatives. As the following discussion
will show, no identified alternative qualifies as both feasible and environmentally superior with
respect to the unmitigated impacts.
To fully account for these unavoidable significant effects and the extent to which particular
alternatives might or might not be environmentally superior with respect to them, these findings
will not focus solely on the impacts listed above, but may also address the environmental merits
of the alternatives with respect to all broad categories of impacts - even though such a far-
ranging discussion is not required by CEQA. The findings will also assess whether each
alternative is feasible in light of the City's objectives for the project.
The City's review of project alternatives is guided primarily by the need to reduce potential
impacts associated with the project, while still achieving the basic objectives of the project.
Here, the City's primary objective is to comprehensively plan, coordinate, and implement
development over a large area. More specific objectives include those previously listed in
Section III. The City evaluated three alternatives to the proposed project, which are discussed
below (No Project/No Development Alternative, Existing Land Use Designation (Commercial -
Tourist) Alternative, and Reduced Density Alternative. A comparison of these alternatives is
included in the SEIR as Table 10-1 (SEIR, Chapter 10, page 10-16).
No ProjectfNo Development Alternative
Section 15126, subdivision(e), of the CEQA Guidelines requires the evaluation of the "No
Project" alternative. Such an alternative "shall discuss the existing conditions, as well as what
would be reasonably expected to occur in the foreseeable future if the project were not approved,
based on current plans and consistent with available infrastructure and community services."
Under the ''No Project/No Development" alternative, the project would not be developed, and
the project site would remain in its existing undeveloped condition. No amendments to the
General Plan, EastLake III GDP and SPA would be required.
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With respect to the unmitigated impacts discussed in Section 5.0, Environmental Impact
Analysis, of this SEIR, the No ProjectINo Development alternative would not result in direct
impacts to landform alteration, biological resources, cultural resources, geological resources,
paleontological resources, traffic and circulation, air quality, utilities and public services, and
hazards/risk of upset. Cumulative impacts to landform and aesthetics, transportation and access,
and air quality would not result. However, impacts to land use would occur because the project
would not implement the City's General Plan, EastLake ill GDP, and would not provide housing
opportunities within the City. With the No ProjectINo Development alternative, the site would
not be permanently removed from future development, since applicable plans for the site identify
its development.
Although the No ProjectINo Development alternative is considered environmentally preferable
to the proposed project because it would eliminate many direct and cumulative impacts, it would
not accomplish several of the goals and objectives of the proposed project and is therefore not
feasible.
Findings:
The No ProjectINo Development alternative would not meet any of the basic project objectives
as listed in Section 3.3, Project Objectives, of this SEIR, and in Section III of these Findings of
Fact.
The No ProjectINo Development alternative would not provide housing, conflicting with the
housing goals of the General Plan, which recommends that housing be provided for all income
groups.
Retention of the project site in its existing state as a graded development pad would be
inconsistent with the approved General Plan and existing EastLake GDP land use designations
for the site.
Retention of the site in its current vacant condition would not implement the goals of the General
Plan and would require re-evaluation of the existing GDP. The reduction in dwelling units would
result in a loss of anticipated contributions into the Public Facilities Financing Plan (PFFP) from
the dwelling units/structures that would otherwise have made payments upon issuance of
building permits. The loss of units under the No ProjectINo Development alternative would
result in a shortfall of contributions into the PFFP and potentially lead to insufficient funding for
the remaining public facilities currently identified in the PFFP for construction in this area.
The City and County would receive lower long-term revenues in the form of property and sales
tax resulting from the non-development of the proposed residential areas.
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Implementation of the No ProjectINo Development Alternative would not achieve any of the
objectives established for the project. Although this alternative would at least temporarily
preserve land which is currently not developed, it would amount to a failure to plan the site for
eventual development, despite the planned community designation contemplated by the General
Plan and GDP.
The No ProjectINo Development Alternative is inconsistent with the City's objectives: to plan
the project area in a comprehensive manner in a way that deals with the logical extension of
public services and utilities; to plan for parks and open space to serve residents, and to create
densities sufficient to pay for all required services and infrastructure. The alternative also fails to
meet objectives favoring an accommodation of future projected population in an area reasonable
close to future job-growth areas within the City.
For these reasons, the City Council concludes that the No ProjectINo Development Alternative is
not feasible (see City of Del Mar, supra, 133 Cal.App3d at 417; Sequoyah Hills, supa, 23
Cal.App.4th at 715).
Existing Land Use Designation (Commercial- Tourist) Alternative
The existing land use designation for the project site is for commercial-tourist uses. The existing
land use designation alternative would result in the continued development of the site for
commercial-tourist uses. No amendments to the general plan or EastLake III GDP would be
necessary. Since the FSEIR #01-01 addressed the development of the project site for
commercial-tourist uses; the impact characterization is a summary of conclusions from the
FSEIR #01-01. In cases where FSEIR #01-01 did not differentiate the impacts related to the
specific project site and instead referred to impacts from development of the larger Woods and
Vistas project, an independent analysis was provided.
Impact
The Existing Land Use Designation (Commercial - Tourist) Alternative would be consistent with
the existing General Plan and EastLake III GDP and SPA. The site would be developed with a
commercial tourist use that would support the OTC. The commercial tourist use would be
compatible with the surrounding existing and proposed land uses, which include residential and
commercial uses. Implementation of the Existing Land Use Designation Alternative would have
a similar effect on landform alteration as the proposed project because the site would change
from vacant land to urban development. Development of the site with a Commercial-Tourist use
would not directly impact biological resources. Indirect impacts on the adjacent MSCP Preserve
would still occur with this alternative. Similar to the proposed project, the Existing Land Use
Designation Alternative would not result in impacts to cultural resources. The Existing Land Use
Designation Alternative would result in the same geotechnical impacts and require the same
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mitigation measures that were provided in FSEIR #01-01. This Alternative would result in
similar impacts on paleontological resources as those presented for the proposed project.
Previous analysis for construction related impacts to water quality, as presented in FSEIR #01-
01, indicated that impairment to receiving waters resulting from conventional construction
techniques could be reduced to a less than significant level through the use ofBMPs. This would
be similar to the impacts generated by the proposed project.
FSEIR #01-01 evaluated the traffic impacts of implementation of the EastLake III SPA in its
entirety. FSEIR #01-01 assumed development of the site with Commercial Tourist uses. The
generation rate for Commercial Tourist uses is 200 trips per acre of commercial development.
Therefore, the Existing Land Use Designation Alternative would generate 3,660 ADT. This
alternative would generate approximately 1,684 more ADT than the proposed project.
The implementation of tourist-commercial uses at the project site would generate higher traffic
volumes than compared to the proposed project. Higher traffic levels will likely result in more
congestion which will in-turn contribute to the Region's current air quality non-attainment
levels.
Higher noise levels are anticipated to be generated from a Commercial-Tourist use as compared
to a senior housing development. A Commercial-Tourist use, such as a hotel with restaurant and
meeting spaces, would likely be very active, with a frequent turn over of guests. As noted above,
the Commercial Tourist use would generate more traffic which would result in higher noise
levels adjacent to Olympic Parkway. Therefore, noise impacts associated with the Existing Land
Use Designation Alternative will be greater than those gen~rated by the proposed project.
The Existing Land Use Designation Alternative would result in a similar need for public
facilities would have impacts on public facilities or services similar to the proposed project.
Findings:
The Existing Land Use Designation Alternative would not reduce impacts in the environmental
issue areas analyzed, and would in some cases result in greater impacts. Therefore, pursuant to
section 15091(a)(3) of the CEQA Guidelines, specific economic, legal, social, technologica!, or
other considerations make this alternative infeasible.
Reduced Density Alternative
The Reduced Density Alternative would consist of single-family residential uses that are typical
of the surrounding environment. Consistent with surrounding densities, approximately 56
single-family units could be developed on the site.
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Impact
Similar to the proposed project, the Reduced Density Alternative would require a General Plan
Amendment and amendments to the EastLake III GDP and SPA. If the optional temporary
construction access road and trail are implemented, similar land use impacts would be associated
with these features as the proposed project. Therefore, impacts to land use, planning and zoning
would be the same as for the proposed proj ect.
Implementation of the Reduced Density Alternative would have a similar change in landform
from a vacant site to a residential community. The scale, density and quantity of residential units
would be less than the proposed project. Aesthetically, the site would resemble single-family
neighborhoods to the west and north and therefore would blend better from a community
character perspective compared to the proposed project. Light and glare would be introduced to
the site, similar to the proposed project.
Similar to the proposed project, this alternative would not have direct impacts on biological
resources. However, indirect impacts on the adjacent MSCP Preserve would still occur.
According to FSEIR #01-01 and EIR #89-09, no cultural resources that meet the significance
criteria under CEQA are located within the project site or optional temporary access road or trail
location areas. Therefore, neither the proposed project nor the Reduced Density Alternative
would result in impacts to cultural resources.
The Reduced Density Alternative would require the same geotechnical mitigation measures that
were provided in FSEIR #01-01 and suggested for the proposed project. However, this
alternative would eliminate the need for basement parking excavation which is anticipated to
expose unstable alluvium in the proposed project scenario.
The Reduced Density Alternative would result in similar impacts as those presented for the
proposed project. The potential for impacts to occur exists with the additional grading activities
that would be required from implementing future development on the project site. Mitigation
Measures from FSEIR #01-01 would therefore stilI be applicable.
The amount of runoff generated by this alternative would depend upon the area of impervious
surfaces as compared to the proposed project. Runoff from the site could carry contaminants to
the storm drain system. Similar to the proposed project, BMPs would be required to treat runoff
prior to entering the storm drain system or, in the case of the southern slope, prior to entering the
Lower Otay Reservoir. Similar to the proposed project and in accordance with City
requirements, the volume of runoff could not increase above existing volumes. Therefore, similar
water quality and hydrology impacts would be applicable to the Reduced Density Alternative.
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The Reduced Density Alternative would result in approximately 56 single-family residential
units, which would generate approximately 560 ADT. This is 1,416 ADT less than what would
be generated by the 494-unit senior housing project. Therefore, traffic impacts from this
alternative would be less than those generated by the proposed project. It is anticipated that the
level of service at the main driveway into the site would still be at unacceptable levels and would
warrant a traffic signal. Reduced traffic levels would also result in a corresponding reduction in
air quality and noise impacts, when compared to the proposed project.
Implementation of the Reduced Density Alternative would decrease the amount of water,
electricity, sewer, solid waste, police services and fire services required. The Reduced Density
project would generate the need for 0.42 acres of parkland (3 acres/l,OOO people - 2.5 people per
single-family residential unit was assumed). Therefore, the amount of parkland generated by the
Reduced Density Alternative would be less than that of the proposed project.
Findings:
The Reduced Density Alternative would reduce impacts to traffic, air quality, noise and public
facilities and services. However, significant impacts have been identified for landform
alteration/aesthetics, traffic and air quality, which would not be reduced to levels below
significance with this alternative. Therefore, pursuant to section 15091(a)(3) of the CEQA
Guidelines, specific economic, legal, social, technological, or other considerations make this
alternative infeasible.
Environmentally Superior Alternative
CEQA requires that an EIR identify the environmentally superior alternative among all of the
alternatives considered, including the proposed project. If the No ProjectINo Development
Alternative is selected as environmentally superior, then the EIR shall also identify an
environmentally superior alternative among the other alternatives.
The environmental analysis of alternatives presented above and summarized in Table 10-1
indicates, through a comparison of potential impacts from each alternative to the proposed
project, that the No Development Alternative is the environmentally superior alternative. If left
in its current state, no new impacts would be introduced to the area. This alternative would result
in the least impact to area roadways, aesthetics, the noise environment, air quality, biological
resources and public services. However, the No Development Alternative would not implement
the General Plan, GDP or SPA for the site. Further, this alternative would not accomplish any of
the project objectives.
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The Reduced Density Alternative could also be considered environmentally superior because it
would result in less traffic than the proposed project and would be less dense than the proposed
project. However, this alternative would not implement the General Plan, GDP or SPA for the
site and would not accomplish any of the project objectives, particularly related to providing a
diversity of housing types.
XII.
STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROPOSED
EASTLAKEIII SENIOR HOUSING PROJECT
SUBSEQUENT ENVIRONMENTAL IMPACT REPORT
The project would have significant, unavoidable impacts on the following areas, described in
detail in Section IX of these Findings of Fact:
. Landform Alterations/Aesthetics (cumulative)
. Traffic ( cumulative)
. Air Quality (cumulative)
The City has adopted all feasible mitigation measures with respect to these impacts. Although in
some instances these mitigation measures may substantially lessen these significant impacts,
adoption of the measures will, for many impacts, not fully avoid the impacts.
Moreover, the City has examined a reasonable range of alternatives to the project. Based on this
examination, the City has determined that none of the alternatives (1) meets project objectives,
and (2) is environmentally preferable to the proposed project.
As a result, to approve the project, the City must adopt a "statement of overriding
considerations" pursuant to CEQA Guidelines sections 15043 and 15093. This provision allows
a lead agency to cite a project's general economic, social, or other benefits as a justification for
choosing to allow the occurrence of specified significant environmental effects that have not
been avoided. The provision explains why, in the agency's judgment, the project's benefits
outweigh the unavoidable significant effects. Where another substantive law (e.g., the California
Clean Air Act, the Federal Clean Air Act, or the California and Federal Endangered Species
Acts) prohibits the lead agency from taking certain actions with environmental impacts, a
statement of overriding considerations does not relieve the lead agency from such prohibitions.
Rather, the decision-maker has recommended mitigation measures based on the analysis
2-0/1
contained in the Final SEIR, recognizing that other resource agencies have the ability to impose
more stringent standards or measures.
CEQA does not require lead agencies to analyze "beneficial impacts" in an EIR. Rather, EIRs
are to focus on potential "significant effects on the environment," defined to be "adverse." (pub.
Resources Code Section 21068.) The Legislature amended the definition to focus on "adverse"
impacts after the California Supreme Court had held that beneficial impacts must also be
addressed. (See, Wildlife Alive v. Chickering (1976) 18 Ca1.3d 190, 206 [132 Ca1.Rptr. 377].)
Nevertheless, decision-makers benefit from information about project benefits. These benefits
can be cited, if necessary, in a statement of overriding considerations. (CEQA Guidelines Section
15093.)
The City finds that the proposed project would have the following substantial, social,
environmental and economic benefits. Anyone of the reasons for approval cited below is
sufficient to justify approval of the project. Thus, even if a court were to conclude that not every
reason is supported by substantial evidence, the City Council would stand by its determination
that each individual reason is sufficient. The substantial evidence supporting the various benefits
can be found in the preceding findings, which are incorporated by reference into this Section,
and in the documents found in the Record of Proceedings, as defined in Section IV.
Community Planning and Development
The EastLake area contributes to air pollution in the San Diego Air Basin. Most of this pollution
is attributable to motor vehicles. The proposed EastLake In concept and specifically the
proposed project's of including an optional pedestrian trail would benefit the health and well-
being of the senior community as well as provide a benefit in tenns of volunteerism, community
involvement, support, etc. for the Olympic Training Center.
Comprehensive Regional Planning
The GDP and the EastLake III SPA Plan project provide the opportunity to comprehensively
plan development that meets the region's needs for housing, jobs, infrastructure, and
environmental preservation. These benefits area made possible by EastLake's size and scope.
The EastLake GDP includes a provision for regional purpose facilities and public services that
area typically not undertaken for smaller development projects. The regional planning process
undertaken for the GDP involved long-range planning, ensuring maximum achievement of
policies and regulations of the City ofChula Vista.
The benefits offered by the regional planning process utilized for the GDP include the following:
· Comprehensive consideration of the GDP cumulative effects;
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· Consistency in the approach to resolving regional issues such as transportation, aIr
quality, habitat preservation, infrastructure, and public services planning; and
· Long-range coordination of local and regional public facilities.
Housing Needs
The GDP will help meet a projected long-term regional need for housing by providing a wide
variety of housing types and prices. In recent years, the cost of housing compared to other uses
(e.g., commercial, industrial) has risen disproportionately to the cost of other uses in the
EastLake area, reflecting a shortfall in residentially zoned land. The GDP will help reduce the
cost of housing by designating an adequate supply of suitable land for residential development.
The EastLake nI Seniors Housing project increases the housing stock in the City by
approximately 494 dwelling units. The project represents a future housing supply for the region.
Phasing will occur in response to market conditions, which will help fulfill the demand for
housing.
SANDAG has forecasted a need for an additional approximately 20,823 additional dwelling
units within the City of Chula Vista by 2005. The project will enact the SANDAG policies by
preserving existing pedestrian and trail systems adjacent to the site, preserving open space,
offering new homes and increasing the tax base for the City.
Fiscal Benefit
The project would generate new temporary construction-related jobs that would enhance the
economic base of the region.
The fiscal analysis identifies the estimated fiscal impact that the proposed amendment from
Tourist Commercial to High Density Residential will have on the City of Chula Vista operation
and maintenance budgets. This analysis is an amendment to the previous EastLake In SPA Plan
adopted on July 17, 2001. The amended fiscal analysis includes the 18.4 acre EastLake Seniors
project.
The fiscal analysis presents future revenues and expenditures in current (2005) dollars. Also,
revenues and expenditures are presented annually, reflecting a conservatively projected
development absorption schedule based on information provided by the city and the developer.
This approach identifies annual project fiscal surpluses and deficits and represents a more
realistic approach when compared to assumed instant build-out.
2.113
The fiscal revenues to the City associated with Eastlake III, for the proposed Seniors project,
range from $352,700 in the first year of development to $2,687,600 at build-out. Fiscal
expenditures by the City range from $273,000 in year one to $2,314,900 at build-out. The net
fiscal impact to the City from EastIake III is positive in year one ($79,700) and remains so
throughout. At build-out (estimated 2007) the net fiscal impact to the City from EastLake III is
estimated to result in a surplus to the City of$372,700.
For these reasons, on balance the City Council finds there are environmental, economic, social,
and other considerations resulting from the project that serve to override and outweigh the
project's unavoidable significant environmental effects and, thus, the adverse unavoidable effects
are considered acceptable.
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PLANNING COMMISSION AGENDA STATEMENT
Item --...:f
Meeting Date 06/14/06
ITEM TITLE: Consideration ofthe following applications filed by The EastLake Company, for
18.4 acres at the southwest corner of Olympic Parkway and Wueste Road
intersection within the EastLake IIII Planned Community:
a) GP A 05-02: Amendment to the City ofChula Vista General Plan to change
the land use designation from Commercial Visitor to Residential High (18-
27 du/ac).
b) PCM 05-07: Amendments to the EastLake IIII General Development Plan
(GDP), Sectional Planning Area Plan (SPA) and associated regulatory
documents, and Planned Community District Regulations and Land Use
Districts Map (aka "EastLake Senior Project").
Pulte Homes, in conjunction with the EastLake Company, is proposing to develop an Active Adult
Senior Community, consisting 494-unit market rate condominiums, on an 18.4-acre portion of a
19.6-acre site located at the most easterly boundary of the EastLake III planned community (see
Locator). This project is oriented toward active seniors (i.e. one member of household must be 55
years or older) and is the first such age-restricted market rate project within the City ofChula Vista.
The project amenities includes a 15,000 square foot single-story community recreational facility,
which includes fitness and activity spaces, meeting rooms, spa, and ADA accessible indoor pool.
The outside recreational facilities include an outdoor pool and spa, barbeque, onsite multi-use green
spaces, including an extensive walking trail system, landscaping, 'Bocce' courts, view nodes, and
multi-purpose passive green spaces. The Active Adult Senior Community will provide additional
housing for seniors and contribute to a balanced planned community for EastLake III.
The proposed Senior Project will require amendment to the Chula Vista General Plan, the EastLake
III General Development Plan, Sectional Planning Area Plan, Planned Community District
Regulations and Land Use District Map, and other associated regulatory documents. These
amendments only pertains to the 18.4-acre development portion of the 19.6-acre site. The
amendments are further described on pages 4-5 of this staff report.
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act and has determined that there is substantial evidence, in light
ofthe whole record before the City ofChula Vista, that the project may have a significant effect on
the environment; therefore, the Environmental Review Coordinator has prepared a Subsequent
Environmental Impact Report (EIR #05-02; SCH #2005091047). Certification ofthe Subsequent EIR
(EIR #05-02) for this project will be considered by the Planning Commission as a separate item.
Page No.2, Item:
Meetin2 Date: 06/14/06
There are no potential conflicts of interest for Planning Commissioners and City Council members,
as none ofthe Commissioners nor Council members lives within a 500- foot radius ofthe subject site.
RECOMMENDATION:
That the Planning Commission adopt attached Resolution GP A 05-02/PCM 05-07, recommending
that the City Council approve the proposed amendments to the:
· General Plan;
· EastLake III General Development Plan;
· EastLake III Sectional Planning Area Plan and associated regulatory documents; and
· EastLake III Planned Community District Regulations and Land Use Districts Map.
BACKGROUND:
The 18.4-acre portion ofthe 19.6-acre site was originally envisioned and conceptually planned for a
resort hotel within the EastLake III GDP & SPA Plan which was adopted in July 2001. The
remaining 1.2-acre portion was designated Open Space. No change is proposed for the Open Space
portion. The site is currently designated as Tourist Commercial (TC). The site was designated as
Visitor/Tourist Commercial and planned to support Olympic Training Center (OTC) visitors and
various associated sports organizations.
However, the site remains vacant due to the lack of interest for a hoteVdestination resort
development and potential integration with the adjacent OTC. Thus, the EastLake Company in
conjunction with Pulte Homes is proposing a 494-unit "age restricted" active adult retirement
community on the site. The OTC is supportive of this proposal because their operation has not
needed the support hotel and the project will provide a dynamic relationship between the future
residents of the development and the OTC.
The EastLake Senior project is a unique high density residential development. The following
information describing the project description, architecture, unit type, and amenity package was
provided by Pulte Homes.
· Description: The project will be an age restricted, "for sale," residential "gated" community on
19.6-acre site overlooking the Lower Otay Reservoir. The site development area will consist of
an 18.4 acre development pad, with the 1.2 acres of perimeter slope adjacent to the Olympic
Training Center remaining as open space. The residential community is restricted to persons 55
and over. Residential units will consist of 494 condominium units resulting in a density of about
27 units/acre. The dwelling units will be contained within 13 buildings. These 13 buildings will
each have individual courtyards, and are carefully arranged and sited to allow for minimal visual
impact (from offsite) and maximize usable open space. Each building is 4 stories over
subterranean garage, with corner edges limited to 3 stories to break up building mass at the edge
Page No.3, Item:
Meetin2 Date: 06/14/06
of the pad. Each building is ADA compliant and houses 2 elevators for direct garage
accessibility.
Site coverage consists of 33% buildings, 40% landscape areas and 27% street and surface
parking. The 40% landscape area exceeds the minimum City requirement of 15%. Each
building will contain 38 dwelling units and below-ground parking will allow for more
landscaped area for the use of residents. About 85% of the required parking is located below-
ground with the balance of parking spaces which is mostly visitor parking, located on the surface.
· Architecture- The architecture is Andelusian (southern Spain), recalling the picturesque villages
of southern Spain and is very compatible with surrounding community architecture of the
EastLake III community. Each building elevation will have a different appearance and contain
numerous architectural projections and treatments to break up the massing of the building.
· Residential Plan Types: Five plan models are proposed ranging in size from approximately 1000
to 1350 square feet. Each story/flat will contain a mixture of five model plan types, ranging from
1 bedroom to 3 bedrooms with den options. The buildings are required to be setback a minimum
of 20 feet from the top of slope to reduce massing along Olympic Parkway and Wueste Road,
which are designated as scenic corridors.
· Amenity Package: A 15,000 square foot single-story community recreational building is
proposed, which includes fitness and activity spaces, meeting rooms, spa, and ADA accessible
indoor pool. The outside recreational facilities include an outdoor pool and spa, BBQ, and multi-
use green spaces. The recreation facility is strategically sited to maximize panoramic views of
Lower Otay Lake. Additional site amenities include an extensive walking trail system,
landscaping, 'Bocce' courts, view nodes, and multi-purpose passive green spaces. The project
also proposes perimeter fencing and elaborate gated entry, consistent with the EastLake III
Design Guidelines. Open spaces (approximately 45% ofthe site) include street side landscaping
and intersection landscape nodes, passive and active internal multi-use areas, Trail system, entry
landscaping and hardscape activity areas around the recreation building.
A public outreach meeting was conducted by the City in collaboration with the applicant on
November 5, 2005 at Arroyo Vista Elementary school to present the proposed project and gain
feedback from the community. Noticing ofthe meeting was mailed to over 600 residents extending
beyond 1,000 foot radius surrounding the project site. Approximately 25-30 residents attended the
meeting. The response and feedback from the community was positive. The city continues to receive
inquiries from community residents as to the availability and sales date for the project.
At this time, The EastLake Company, LLC is requesting the above mentioned amendments to
accommodate The EastLake Senior residential project. The applicant has submitted a Design
Review application for the proposed 494-unit condominium project, which will be considered by the
Design Review Committee (DRC). The project was presented to the DRC as an informational item
Page No.4, Item:
Meetio2 Date: 06/14/06
on December 19,2005. The DRC supported the proposed design and provided meaningful design
recommendations to improve the project. The applicant has incorporated the recommendations, and
the project is targeted for formal consideration and approval by the DRC in early July.
DISCUSSION:
1. Existing Site Characteristics
The site is situated at the most easterly portion of the EastLake III planned community. The
community is fully developed, except for the subject property and a 12 acre commercial site to the
north ofthe OTC. The approximate 19.6 acre site is located on the south side of Olympic Parkway
terminus, bounded by the Olympic Training Center (OTC) to the west and south, a future retail
commercial site to the north of and fronting on Olympic Parkway, and Lower Otay Lake east of
Wueste Road. The Vistas Mountain Hawk community park is to the northeast (see Locator).
The site has been graded as part ofthe EastLake III project, resulting in an approximate 10-15-foot
high man-made slope at the top of a 40- foot natural slope at the eastern and southern edge ofthe site.
1. Existing General Plan, SPA Land Use Designations and land use
General Plan CV Municipal PC District Land Existing Land Use
Code Zoning Use Designation
Site Commercial Visitor; PC, Planned Tourist Commercial; Vacant
Open Space Community Open Space
North Commercial Retail PC, Planned Village Commercial Vacant
Community
South Public Quasi Public PC, Planned Public Quasi Public Olympic Training
Community Center
East Open Space OS, Open Space Not a part- NAP Lower Otay
Reservoir
West Public Quasi Public PC, Planned Public Quasi Public Olympic Training
Community Center
2. Project Description
The proposed project includes amendments to the City's General Plan, the EastLake III General
Development Plan, EastLake III Sectional Planning Area Plan and associated regulatory documents,
and the EastLake III Planned Community District Regulations and Land Use Districts Map. The
proposed amendments are more specifically described below:
Page No.5, Item:
Meeting Date: 06/14/06
General Plan
Change 18.4 acres from Commercial Visitor to Residential High (18-2 7 DulAc) (see Figure 4a), and
corresponding Land Use Table 5-6 and 5-7 to reflect the proposed amendment.
EastLake III General Development Plan (GDP)
Change 18.4 acres from Tourist Commercial to Residential High (18-27+ DulAc), consistent with
the proposed General Plan (see Figure 4b).
EastLake III GDP - Text Amendments
The proposed amendments reflect the change in land use for the 18.4 acres ofthe EastLake ill GDP
(see Attachment 5, General Development Plan tab).
EastLake ill Sectional Planning Area Plan (SPA) - Site Utilization Plan
Change the Site Utilization Plan designation of 18.4 acres from Commercial-Tourist (C-2) to Multi-
Family Seniors (VR-13) (see Figure 4c).
EastLake IIII SPA - Text Amendments
The proposed amendments reflect the change in land use for the 18.4 acres ofthe EastLake ill SPA
(see Attachment 5, SPA Plan tab).
EastLake ill Planned District Regulations - Land Use Districts Map
Change 18.4 acres from Tourist Commercial (CT) to Residential Multi-Family Seniors (RMS) (see
Figure 4d).
EastLake ill Planned District Regulations - Text Amendments
In addition to various minor clean-up type amendments, the project includes the following text
amendments:
Section II Residential Districts:
Pages II.3-3, 3-10, 3-12, 3-13, 3-18, 3-20, 3-25: Provide the definition for the introduction of a
"RMS" land use district. The new RMS land use district identifies the type and size of uses allowed
within the "Residential Multi-Family Seniors" district, distinct from the other (RM) Residential
Multi-Family land use districts. The parking provision proposes allowance for reduction in guest
parking by 0.2 spaces per unit for 1 and 3 bedrooms only. The proposed building height is 50'.
Page No.6, Item:
Meetin2 Date: 06/14/06
Section II.3.4 Commercial Districts:
Pages 11.3-27 through 3-33 proposes deletion ofthe Tourist Commercial description and provisions.
Section 11.3.12.3 Scenic Highway Setback Encroachments:
Page II.3-86 proposes allowance for encroachment into the Olympic Parkway Scenic Highway
Setback (from curb), currently at 75' based on review and approval of a "Corridor Plan" by the
Design Review Committee (see Attachment 5, PC District Regulations tab).
EastLake IIII Sectional Planning Area (SPA) Plan - Associated Regulatory Documents
The SPA Plan associated regulatory documents contains Design Guidelines, Public Facilities
Financing Plan (PFFP), Air Quality Improvement Plan (AQIP), Water Conservation Plan (WCP),
and Affordable Housing Program (see Attachment 5, applicable tab).
ANALYSIS:
The site is zoned (Visitor/Tourist Commercial) and was designed to support the visitor activities
resulting from the development ofthe Olympic Training Center (OTC). The original studies for the
OTC concluded that based on the projected number of visitors the OTC would be the number three
tourist attraction in San Diego County. As oftoday, some 10 years after the opening ofthe OTC, the
number of visitors has been far less than what was anticipated. With the visitor count below
expectations, the development ofthe site is not feasible for visitor/tourist commercial use. Since
the master planning of this property, several other locations in Eastern Chula Vista have been
planned for commercial uses that could include resort/hotel. These locations, Otay Ranch Village 13
and the Eastern Urban Center (EUC), both less than 2.5 miles to the east and the west, respectively
from the site, are considered better suited for resort/hotel development based on their location on
major thoroughfares and surrounding land uses.
After determining that the site is no longer suitable for Visitor/Tourist Commercial use, and after
considering several options, it was concluded by The EastLake Company that an active adult (senior
housing) high-density residential development as proposed by Pulte Homes was the best use for the
site. Senior market rate housing has not been provided in Eastern Chula Vista and will expand the
diversity of product types within the community. Additionally, the increase of active adult seniors
(retirement age) could provide volunteer infusion with the adjacent OTC, nearby schools, and other
private and public facilities.
The applicant states that the critical mass needed for a viable first class active adult community is
500 units. This number of units allows for the appropriate lifestyle activities and affordability of the
HOA dues structure to support the extensive amenity package (including full time staff). Although a
little less than the optimum 500 units, the 494-unit project was determined by Pulte Homes to be a
viable use for this site.
The subject site was chosen by the applicant because of its location at the edge ofthe EastLake III
Page No.7, Item:
Meeting Date: 06/14/06
community and overlooking Lower Otay Lake, and its proximity to other EastLake III uses such as
the OTC, future retail commercial center to the north ofthe OTC, Mountain Hawk community park,
and the City ofChula Vista trail system. Market studies and focus groups conducted by Pulte Homes
show a high demand for an active adult seniors project of this type in Eastern Chula Vista.
General Plan Amendment
The proposed amendment to the General Plan consists of changing 18.4 acres from Commercial
Visitor to Residential High (18-27 DulAc) to accommodate the new EastLake Senior Project
proposed by The EastLake Company, LLC and Pulte Homes.
The site is situated at the most easterly edge of Chula Vista overlooking the Lower Otay Lake. Its
prime location above Lower Otay Lakes serves as a gateway into Chula Vista from the east. The
southerly and westerly portions ofthe site are adjacent to the Olympic Training Center, proximity to
the 12-acre Retail Commercial site to the north (aka' Restaurant Row'), Mountain Hawk Community
park to the northeast and Lower Otay Lake to the east are the basis to support the requested
amendment. The proposed land use change will provide an additional 494 units of active adult
seniors housing that is not currently available within the EastLake Community.
The proposed land use change would result in a loss of 18 acres of Commercial Visitor and an
increase of 18 acres in Residential High (18-27 DulAc). The 18 acres loss would result in a 24%
reduction of Commercial Visitor acreage within the City of Chula Vista, and a 4% increase in the
Residential High land use category.
The 18 acres loss of Commercial Visitor from the General Plan would eliminate the hotel/resort type
of development that could be constructed at the site under the adopted General Plan. However,
hotel/resort type land uses can be developed under certain zones such as the Central Business (CB),
Commercial Visitor (CV), Commercial Thoroughfare (CT), which mayor may not be designated as a
Commercial Visitor land use under the General Plan. Hotel uses are allowed within the EastLake
Business Center (BC) zone (which is Light Industrial General Plan land use designation). Thus, the
proposed 18 acres Commercial Visitor reduction in the General Plan would not necessarily equate to
the loss of hotel development opportunities within the City.
EastLake III General Development Plan Amendment
The proposed amendment to the General Development Plan consists of changing 18.4 acres from
Tourist Commercial to Residential High (18-27+ DulAc), consistent with the General Plan
amendment request. As mentioned above, the orientation and location of the 19.6-acre site allows
synergistic development with the adjacent OTC, commercial retail, parks and surrounding residential
neighborhoods within EastLake III. The project will allow for an age restricted active adult
community to provide additional housing for EastLake residents and the city as a whole.
Page No.8, Item:
Meeting Date: 06/14/06
EastLake In SPA Plan Amendment
The EastLake Tourist Commercial site, was intended to serve the Olympic Training Center within
the SPA and the EastLake Planned Community as a whole. The deletion ofthe Tourist Commercial
Resort Hotel use, and the addition of 494 residential units would generate over 1,000 residents, and
enhance the overall OTC and future 12-acre Retail Commercial center. An active adult seniors land
use is compatible with the OTC and future commercial development to the north of the OTC.
The amendment to the SPA defines the development parameters, including the implementation of
the proposed GDP land use designation, urban design criteria, circulation, public facilities, Water
Conservation Plan, Air Quality Improvement Plan and other necessary components to ensure the
proper integration of the EastLake Senior Project into the existing surrounding residential,
commercial and public-quasi public uses.
The following paragraphs describe in more detail the proposed amendments to the EastLake III SPA
plan.
Land Use:
Under the adopted EastLake In General Development Plan, the 18.4-acre subject site is designated as
TC, Tourist Commercial, which would allow for a Resort Hotel to compliment the adjacent Olympic
Training Center. The proposed land use change of 18.4 acres from TC, Tourist Commercial to RH,
Residential High (18-27+ Du/ Ac) is intended to provide additional specialty residential that currently
does not exist, tied together by common urban design features and urban design guidelines. The land
uses have been crafted to provide independent development parameters and guidelines to ensure
quality development and compatibility within the EastLake nI community.
Circulation:
The EastLake Senior Project will be served by Olympic Parkway, a Four-Lane Major Arterial Road
(see Attachment 5, SPA Plan tab).
Regional access will be provided primarily by 1-805 located approximately 7 miles to the west, and
and in early 2007, by SR-125, approximately 2 miles to the west. The timing for installation of
required improvements and financing mechanisms are discussed in the EastLake III Senior Project
Supplemental Public Facilities Finance Plan (PFFP) (see Figure 7).
Street improvements required to serve the project are identified in the PFFP. These improvements
include:
.
Westbound Olympic Parkway: One left-turn lane (with 100 feet of storage) and two through
lanes;
Page No.9, Item:
Meetin~ Date: 06/14/06
· Northbound Olympic Parkway: One left-turn lane and one right-turn lane (with a storage
length of75 feet in each)
· Eastbound Olympic Parkway: One shared through/right lane and one through lane;
· Relocate the median opening on Olympic Parkway, further west from its current location to
accommodate the proposed project driveway as shown in Figure 11-2; and
· Install a "No U Turn" sign for eastbound traffic on Olympic Parkway at the Olympic
Parkway/Wueste Road intersection.
EastLake III Planned Community District Regulations Amendments
The EastLake ill Planned Community District (PC) Regulations function as the zoning regulations
for the project. The PC District Regulations provide standards and regulations to guide the
development of the project. These regulations are applied in conjunction with the EastLake ill
Design Guidelines to ensure the uses within the project are compatible and well designed.
The EastLake ill Planned Community District Regulations were adopted in 2001. This amendment
(consisting of the introduction of a new land use district 'RMS') only affects the subject 18.4 acres
changing from commercial uses to residential.
The amendment consists of eliminating the description, provisions and development regulations
associated with the Tourist Commercial (TC) land use district; and adding a new description,
provisions and development regulations for the Residential Multi-Family (RMS) land use district as
listed on page 6 of this staff report. The remaining provisions of the EastLake III Planned
Community District Regulations remain unchanged.
EastLake III SPA Amendments - Associated Regulatory Documents
Desif!n Guidelines:
The EastLake III Design Guidelines have been updated to include the conceptual design for the
EastLake Senior Project, to ensure that the physical appearance will compliment the type of other
developments within the EastLake ill planned community. The EastLake ill Design Guidelines
stipulate design parameters that pertain to site planning, landscape architecture, architecture and
signage for the 19.6-acre subject site.
The Design Guidelines contain illustrations and guidelines to implement the design ideas presented
therein. Some ofthe urban design guidelines include land use diversity, site development character
and conceptual building/parking/open space relationships within the project. Because of the
importance of unifying themes and designs over an extended period oftime until full build out, the
Design Guidelines will be utilized to ensure overall consistency while allowing for flexibility on the
part ofthe Design Review Committee at the detailed site plan level.
Page No. 10, Item:
Meetin~ Date: 06/14/06
EastLake III Public Facilities Finance Plan:
The proposed Public Facilities Financing Plan (PFFP) has been prepared by City consultants based
on water, sewer, traffic, drainage, biology and other technical studies. As required by the City's
Growth Management Ordinance, the proposed amendment to the EastLake III PFFP analyzes the
impact on public facilities and services and identifies the required public facilities and services
needed to serve the 18.4-acre portion ofthe 19.6-acre EastLake Senior Project parcel ("Project") to
maintain consistency with the City's Quality of Life Threshold Standards. The PFFP describes in
detail the cost, financing mechanism and timing for constructing public facilities.
The public facilities needed to serve the project will be guaranteed by placing conditions of approval
on the tentative parcel map, payment of Development Impact Fees (DIF) at the building permit stage,
and/or utilizing Community Facilities Districts to finance or maintain public facilities. The PFFP
consist the analysis of transportation, drainage, water, sewer, fire, schools, libraries, parks, and fiscal
impacts of the project, and are discussed as follows:
. Transportation
Based on the Traffic Impact Analysis prepared by the City's traffic consultant, Linscott, Law &
Greenspan (LL&G), dated August 16,2005, the adopted Tourist Commercial site is anticipated to
generate a total of3,660 daily project trips with 110 trips during the AM peak hour (66 inbound / 44
outbound) and 330 trips during the PM peak hour (165 inbound / 165 outbound). However, the
proposed senior's residential community would generate 1,976 daily project trips (LL&G, August 16,
2006) with 40 inbound /59 outbound trips during the AM peak hour and 83 inbound /55 outbound
trips during the PM peak hour. Thus the proposed senior's project would generate 1,680 less ADT
with 11 fewer trips during the AM peak hour and 192 fewer trips during the PM peak hour than
projected for the adopted land use.
The City's Traffic Threshold Standard specifies that a Level of Service (LOS) of C or better, as
measured by average travel speeds on the arterial roads, shall be maintained with the exception that
during peak hours LOS D can occur for no more than two hours of the day or LOS ElF for one
hour. The LL&G report indicates that all key signalized intersections will continue to operate at
LOS D or better conditions. The northbound left-turn movement at the unsignalized Olympic
Parkway/Project driveway intersection is calculated to operate at LOS F during the PM peak hour,
which is identified as a direct impact ofthe proposed project. This direct impact is mitigated by the
installation of a signal and street improvements at the project driveway, which would improve the
intersection operation to LOS A in the AM and PM peak hours. Street improvements include
upgrading the intersection geometry per the Threshold Compliance and Requirements ofthe PFFP
and City Conditions of Approval. In addition, the LL&G report indicates that all key road segment
operations will operate at LOS A or better at buildout except the segment between East Palomar
Street and Eastlake Parkway, which is calculated to operate at an acceptable LOS D.
Page No. 11, Item:
Meetin2 Date: 06/14/06
The EastLake III Seniors Project will be conditioned to pay Transportation DIF fees and Traffic
Signal Fees at the rate in effect at the time building permits are issued for the project.
With the construction ofthe project level street improvements and with the payment ofTDIF and
traffic signal fees listed above, the City's Quality of Life Threshold Standards will be maintained
at a Level of Service C or better at all key study intersections and street segments, and potential
direct traffic impacts will be mitigated to below significance.
. Drainage
The 18.4-acre site lies within the Otay Lakes Drainage Basin. However, runoff from the site is
diverted into the Salt Creek Basin to prevent impacts to the Lower Otay Reservoir. Presently, runoff
from the site is discharged into a 42-inch pipe and into the city's storm water conveyance system in
Olympic Parkway, which ultimately discharges into Salt Creek.
The project will be conditioned to provide for the conveyance of storm water flows in accordance
with City standards, policies and requirements. The Developer will design, install and maintain on-
site erosion protection. All permanent or temporary erosion control will be designed to City
standards and to the satisfaction of the City Engineer. Further, the project shall comply with all
Federal, State and Local storm water runoff and discharge regulations.
. Water
The Otay Water District will provide water service for EastLake III Seniors Proj ect. The Otay Water
District has facilities in the vicinity of the project that can provide water service. It has been
determined by the OWD that the project will not receive recycled water for landscaping since it is in
an area that drains into the adjacent Lower Otay Reservoir. Land that drains into the Upper or Lower
Otay Reservoir is restricted from using recycled water for landscape irrigation to avoid the potential
for contamination of drinking water.
The total projected potable water demand for the EastLake III Seniors Project is approximately
148,200 gallons per day (gpd). The fire flow is 3,750 gallons per minute (gpm), which meets the
City's requirements. There is adequate off-site storage capacity to meet both potable water and fire
flow demands.
. Sewer
Sewer service to the project site is provided by the City of Chula Vista. The EastLake III Seniors
Project is located in the Salt Creek drainage basin. The project will connect to the existing public 8
and 12-inch gravity sewer mains located north of Olympic Parkway in the approved Neighborhood
C-l site ofthe EastLake SPA Plan. This sewer collects flows generated from the VR-9, VR-l 0, VR-
11 and C-l sites and conveys the flows to the 15-inch diameter main in Olympic Parkway. The 15-
Page No. 12, Item:
Meeting Date: 06/14/06
inch main connects to the 18-inch Salt Creek Interceptor. The capacity ofthese facilities to serve the
proposed project has been assessed in the Final EastLake Peninsula off-site Sewer Capacity Analysis
Study dated November 8, 2005, by PBS&J.
Projected wastewater flows from the Seniors Project will ultimately discharge into the Salt Creek
Interceptor. Based upon the approved Tentative Map, the adopted land use for the site was
designated as a HotellResort. The average daily sewage flow was estimated to be 45,500 gpd or 172
equivalent dwelling units (EDU) for the adopted land use. The Seniors Project will result in an
increase in average flow of 53,300 gpd or 201 EDUs to the Salt Creek Interceptor.
The City's current contracted capacity rights with the METRO are expected to be exceeded in about
five years. However, with an allocation from the Southbay Treatment Plant, additional capacity will
be available. For longer term capacity needs, the new City of Chula Vista Sewer Master Plan will
form the basis for reevaluating the sewer capacity fee so that there is sufficient funding to acquire
the additional capacity rights. Negotiations between the City of Chula Vista and the City of San
Diego to acquire those rights are ongoing.
. Fire
Development of the project will cumulatively add to the need for fire service in the area.
Demographics ofthe project are anticipated to increase Fire Department responses. Fire Station #8,
located at 975 Lane Avenue in EastLake Business Center I would be the primary station to serve the
project. In the future, Fire Station #8 is proposed to be reconstructed in EastLake Woods.
. Schools
The proposed project will not generate an increase in family dwelling units or school age population
in the proj ect area. Therefore, the development will not result in a need for new schools. However,
the applicant will have to pay school fees at the rate in effect at the time building permits are issued.
. Libraries
The proposed EastLake ill Seniors Project will generate an estimated demand of 494 square feet of
additional library space. By 2009, the existing plus new library space will provide approximately
132,000 square feet of space for the City of Chula Vista. The total forecasted city projects including
the EastLake III Seniors SPA project totals a demand of approximately 127,050 square feet by 2009.
This results in an excess supply of 4950 square feet. No mitigation is required other than the
payment of the Public Facilities DIF for library facilities at the rate in effect at the time building
permits are issued.
Page No. 13, Item:
Meeting Date: 06/14/06
. Parks
The project is served by the newly constructed Mountain Hawk community park, located
approximately 'i4-quarter mile northeast. The project is responsible for both the park development
and the acquisition of PAD fees. The project parkland requirement is 21.51 acres based on CVMC
17.10 (Table F.6) in effect at the time the EastLake III SPA was approved in 2002. The SPA Plan
Amendment provides 18.5 net acres of parkland. Any shortfall in parkland acreage dedication shall
result in payment ofthe park acquisition component of the Park Acquisition and Development (PAD
Fee). Given the lack of available acreage that could be acquired to serve the development, according
to city staff, the developer has negotiated a waiver of the acquisition component of the PAD Fee in
exchange for a payment of $2,666,260, which can be utilized to fund construction of park and public
facilities serving the EastLake Community. Any excess funds that remain once these facilities are
complete can be utilized on other park or public facilities serving the Eastern Territories of Chula
Vista. The Developer will pay the development component of the PAD Fee as required by the City.
The estimated development component ofthe PAD Fee is $1,384,682 (see Table F.7). Combined, the
estimated fee for both components of the PAD Fee is $4,050,942.
. Fiscal
The fiscal analysis identifies the estimated fiscal impact that the proposed amendment from Tourist
Commercial to High Density Residential will have on the City of Chula Vista operation and
maintenance budgets. This analysis is an amendment to the previous EastLake III SPA Plan adopted
on July 17, 2001. The amended fiscal analysis includes the 18.4 acre EastLake Seniors project.
The fiscal analysis presents future revenues and expenditures in current (2005) dollars. Also,
revenues and expenditures are presented annually, reflecting a conservatively projected development
absorption schedule based on information provided by the city and the developer. This approach
identifies annual project fiscal surpluses and deficits and represents a more realistic approach when
compared to assumed instant build-out.
The fiscal revenues to the City associated with Eastlake III, for the proposed Seniors project, range
from $352,700 in the first year of development to $2,687,600 at build-out. Fiscal expenditures by
the City range from $273,000 in year one to $2,314,900 at build-out. The net fiscal impact to the
City from Eastlake III is positive in year one ($79,700) and remains so throughout. At build-out
(estimated 2007) the net fiscal impact to the City from EastLake III is estimated to result in a surplus
to the City of$372,700.
Water Conservation Plan:
The City's Growth Management Ordinance requires the preparation of a Water Conservation Plan
(WCP) for all major projects in accordance with the City's Water Conservation Plan Guidelines.
The total water demand projected for the EastLake Senior Project is 0.148 mgd (million gallons per
Page No. 14, Item:
Meetin2 Date: 06/14/06
day). Numerous features have been included in the proposed project to minimize the use of water
during the construction and operation of the project. The estimated potable water savings with
conservation measures is 0.014 MGD or 9%.
The water conservation measures incorporated into the project as required by the City's WCP
Guidelines include hot water pipe insulation, pressure reducing valves, water-efficient dishwashers,
dual flush toilets and water-efficient landscaping. Additional water conservation measures consist of
State mandated fixtures and potential irrigation of some landscaping with recycled water.
The EastLake Senior Project Water Conservation Plan demonstrates the value of incorporating water
conservation measures in buildings and irrigation systems for residential development. The
implementation of these measures will contribute to preserving a valuable natural resource.
Air QuaUtv Improvement Plan (AOIP):
An Air Quality Improvement Plan (AQIP) was prepared for the project in accordance with the City's
Growth Management Ordinance and the Growth Management Program. Air Quality Improvement
Plans must be prepared for all residential projects containing 50 dwelling units or more.
Consistent with the Chula Vista's AQIP Guidelines, the developer ofthe project has committed to
participation in the GreenStar Building Efficiency Program. The GreenStar Program requires the
majority (50% or greater) ofthe structures be designed to exceed the California 2001 Title 24, Part 6,
Energy Efficiency Standards (CA 9110, effective 6/1/0 1) Title 24 by 15%. Implementation ofthese
construction methods will result in energy efficient buildings as well as contributing to an
improvement in air quality.
Affordable Housing Plan:
The EastLake Company has fulfilled its obligation for Low and Moderate housing in accordance
with the current EastLake III Affordable Housing Program. However, the additional 494 units
proposed by the EastLake Senior Project would require an additional 25 Low Income unit
requirement (see Attachment 5, Affordable Housing Plan). The Supplemental Affordable Housing
Program (Phase IV) outlines the proposal as follows:
· 25 units located on the Olympic Training Center;
. 25 units outside of EastLake Community; or
· In Lieu Fee to the City's Community Development Housing Section.
The City's Community Development Department has reviewed the proposed Supplemental
Affordable Housing Program and recommends approval of EastLake's proposal as outlined. The
applicant will be required to provide the 25 Low Income units (whether constructed or in-lieu fee)
prior to the issuance of building permit for the 494th unit. This will ensure that the 25 Low Income
Page No. 15, Item:
Meetin2 Date: 06/14/06
units will be provided to meet the requirement of the 494-unit Senior Project.
CONCLUSION:
For the reasons mentioned above, staff recommends approval ofthe project subject to the conditions
listed in the attached draft City Council Resolution.
Attachments
1. Locator
2. Figures
3. Planning Commission Resolution
4. Draft City Council Resolution & Ordinance
5. EastLake III GDP/SPA amendments-Document
6. Disclosure Statement
J:\Planning\StanD\Eastlake\Peninsula Adult Retirement\Reports & Resos\PCM 05-07 EL Senior Project PC Agenda June 14, 06.doc
Olympic
Training
Center
CHULA VISTA PLANNING
LOCATOR :~~I~~: Eastlake Company
C9 PROJECT Olympic Parkway &
ADDRESS: Wueste Road
SCALE:
No Scale
NORTH
J :\planni ng\ca rlos\locators \gpa0502. cd r 06.02.06
AND
Open Space (not a
part of the project).
I:J Project Location
BUILDING
DEPARTMENT
PROJECT DESCRIPTION:
GENERAL PLAN & EASTLAKE III AMENDMENTS
Request: Proposing to amend the General Plan and EasUake III GDP, SPA &
PC district regulations to convert 18.4 aaes site of Commercial-Tourist to High
Density Residential for an active seniors housing project.
FILE NUMBER:
GPA-05-02 & PCM-05-07 Related Cases: PCM~7, IS-05-007, DRC-05-24
Attachment 1
General Plan Amendment
--
,~
-
-~
~
19.6 ac Project Site.
Change 18.4 ac from Commercial
- Visitor to Residential - High
1.2 acre Open Space to remain
u~
Lower
Dfay
Reservoir
~\I~
~ I
-~
Figure 4a
~ E4STLAKE III
A planned community by The EastLake Company
. ! Land Planning
........U._I..ID-~ ~~
i"\.r1 ~ ~
4-6-06
Attachment 2
'\
I LandU.. Er;;] Target I
DUs
dulac
RESIDENTIAL LM
I Low (0-3 du/ae) 298.2 22 650
Low Medium (3-6 du/ae) 154.5 5.2 799
Medium (6-11 dulac) 7.3 10.0 73
MH Med-High (11-18 du/ae) 15.9 15.0 239
H High (18-27+ dulae) 30.7 25.9 794 Project Location
Su~total Resldenllal soe.1J 5.0 2,SSS Change 18.4 at: from
NON-RESIDENTIAL Commercial-Tourist to
I Camm. Retail 12.2 R~dential- cr:
Park 15.2
PubliclQuasi-Publie 247.1
OS Open Space 135.7
Circulation 25.5
Subtotal Non-Residential 435.7
TOTAL 942.3 2.7 2.555
-:.-=:--:-:-::--:::::.-.._~
General
Development
Plan
Proposed
OtaIy - ~
(l) . Underlying Low Density ollernatlve Land Use
Rele< \0 Ie.. lor oNematove lend use poovtSlOns
Lower Ofay Reservoir
~fASTLAKE III
A planned community by The EastLake Company
Figure 4b
1'- ,:i Land Planning
"~CIIL"",,,,,,,, ~
i"'\....JI
, .~ - ._~ ~
4-6-06
RESIDENTIAL
Woods
IN':II lIIncI Use ~
1-- L 65.8 1.0 &4
WR-2 SIngle Family L 34.0 1.7 59
WR-3 Single Family L 40.6 1.9 77
WIW Single Family L 46.6 3.0 139
WR-5 SIngle Family L 29.2 2.4 71
Sub-tollll (Woods East) 216.2 1.9 410
~ Single Family LM 24.7 5.5 135
WR-7 SIngle Family LM 18.3 6.7 122
Sub-tolal (Woods Wast) 43.0 6.0 257
RnldentIaI Sub-tolal (Woods): 259.2 2.1 Mi7
VIstas
VR-1 Single Family L 22.8 2.5 56
VR.2 Single Family L 22.3 3.0 68
VR.3 Single Family L 36.9 3.1 116
VR-4 Single Family LM 23.6 3.5 82
VR.5 Single Family LM 17.9 3.7 67
VR-6 Single Family LM 26.5 4.8 126
VR-7 SIngle Family LM 18.1 5.5 99
VR-8 SIngle Family LM 25.4 6.6 168
VR-9 SlnglelMulli-Famlly M 7.3 10.0 73
VR.10 MuI1i-Family MH 7.7 15.0 116
VR-11 Multl.family MH 8.2 15.0 123
VR.12 Mul1i-Family H 12.3 24.4 300
VR.13 Mulli-Famity Seniors H 18.4 26.8 494
Rnldentlal Sub-total (VIstas): 247.4 7.' 1,'"
SulHotal Residential 501.1 5.0 2,555
NONoRESIOENTlAL
C.1 Commerdal- Retail CR 12.2
P.1 Public Park P 13.5
P-2 Private Recreation L 1.7
PQ.1 Elemenlary School PO 14.3
PQ.2 Jr. High School PO 24.8
PQ.3 Fire Station PO 1.1
CPF.1 Comm. Purpoee Fac. PO 12.9
OS Open Space' OS 134.6
08-1 OSlSchooI Parking OS 1.1
Major Circulation cir 25.5
SuIHotal Non-Resldentlal 24IT
PROJECT TOTAL 748.3 3.4 2,555
Lower Olay
Reservoir
Project Location
Change 18.4 ae from Commercial
Tourist (C-2) to Multi-family Seniors
(VR-13)
~ E"ASTLAKE III
A planned community by The EastLake Company
Figure 4c
Crnti Land Planning
A:J9 m
o .uo IOD 1200 ~~
6-6-06
Land Use Districts
~~~ Proposed
\ I os ~.. Strikeout = Text Deleted
~ Underline = Text Added
i ~
~
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,#
-,.
SFD min. lot size 20,000 sf
SFD min. lot size 13,500 sf
SFD min. lot size 10,000 sf
SFD min. lot size 8,000 sf
SFD min. lot size 7.000 sf
SFD min. lot size 6,000 sf
SFD min. lot size 5.000-6,000 sf
SFD min. lot size 5,000 sf
SFD min. lot size 4,200 sf
SFD min. lot size 3,150 sf
SFlMulti-Fam. from 8-15 du/ac
Multi-Familty> 15 du/ac
Multi-family Seniors> 15 du/ac
Village Commercial
TSI:JFiet CSfflfflsreial
Public and Quasi-Public Uses
Open SpacelPark & Rec.
Open Space - Passive
Community Purpose Facilities
Open Space (Potential School Parking)
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/ ~
. /
/ /
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, I
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Symbol II Definition
RL1
RL2
RL3 & RL4
RE1
RE2 & RE3
RS1
RS-1a
RS2
RP1
RP2
RC
RM
RMS
VC
~
PQ
OSlP
OS
CPF
OS-1
-~._---
Lower Ofay
Reservoir
Notes:
1. Refer to the Planned Community District Regulations text for
complete definitIonS and requirements.
2. BoundarIeS of Land Use Distncts are subject to minor adjustment
in the subdiYlslOO process without formal amendment to this exh,M
Project Location
~ E'ASTLAKE III
A planned community by The EastLake Company
'. .., Land Planning
r=w=;m
., "'" """ ,""I..........
3/31/06
Figure 4d
RESOLUTION NO. GP A-05-02/PCM-05-07
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDMENTS TO
THE CITY'S GENERAL PLAN, EASTLAKE III GENERAL DEVELOPMENT
PLAN, EASTLAKE III PLANNED COMMUNITY DISTRICT REGULATIONS
AND LAND USE DISTRICTS MAP, AND THE EASTLAKE III SECTIONAL
PLANNING AREA (SPA) PLAN AND ASSOCIATED REGULATORY
DOCUMENTS FOR 18.4 ACRES (AKA EASTLAKE III SENIOR HOUSING
PROJECT) AT THE SOUTHWEST CORNER OF OLYMPIC P ARKW AY AND
WUESTE ROAD.
WHEREAS, on October 18, 2004, a duly verified application was filed with the City of
Chula Vista Planning and Building Department by The EastLake Company, LLC ("Developer"),
requesting approval of amendments to the City's General Plan, EastLake III General Development
Plan, EastLake III Planned Community District Regulations and Land Use Districts Map, and the
EastLake III Sectional Planning Area (SPA) plan and associated regulatory documents, including
design guidelines, Public Facilities Finance Plan, Air Quality Improvement Plan and Water
Conservation Plan for the 18.4 acres located at the southwest corner of Olympic Parkway and
Wueste Road ("Project); and,
WHEREAS, the area of land which is the subject of this Resolution is diagrammatically
represented in Exhibit A and hereto incorporated herein by this Resolution, and commonly known as
EastLake Seniors Project, and for the purpose of general description herein consist of 18.4 acres at the
southwest corner of Olympic Parkway and Wueste Road intersection within the EastLake ill Planned
Community ("Project Site"); and,
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has determined that there is
substantial evidence, in light ofthe whole record before the City ofChula Vista, that the project may
have a significant effect on the environment; therefore, the Environmental Review Coordinator has
prepared a Subsequent Environmental Impact Report (EIR #05-02; SCH #2005091047).
Certification ofthe Subsequent EIR (EIR #05-02) for this project will be considered by the Planning
Commission under separate item; and,
WHEREAS, the Planning Commission finds that the Final Subsequent Environmental Impact
Report (FSEIR-05-02) and Mitigation Monitoring and Reporting Program has been prepared in
accordance with the requirements of the California Environmental Quality Act (CEQA), and the
Environmental Review Procedures of the City ofChula Vista; and,
WHEREAS, the Planning Commission having received certain evidence on June 14,2006, as
set forth in the record of its proceedings herein by reference as is set forth in full, made certain
findings, as set forth in their recommending Resolution GP A-05-02/PCM-05-07 herein, and
recommended that the City Council approve the Project based on certain terms and conditions; and,
ATTACHMENT 3
WHEREAS, the Director of Planning and Building set the time and place for a 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 the mailing to property owners within 500 feet ofthe
exterior boundaries of the property, at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., June
14,2006 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
recommends that the City Council adopt the attached Draft City Council Resolution and Ordinance
approving the Project in accordance with the findings and subject to the conditions contained therein.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 14th day of June, 2006, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Diana Vargas, Secretary
Vicki Madrid, Chairperson
J:\Planning\StanD\Eastlake\Village Walk\Reports & Resos\PCM-04-14 PCRESO,doc
RESOLUTION
RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL
APPROVING AMENDMENTS TO THE CITY'S GENERAL PLAN,
EASTLAKE nI GENERAL DEVELOPMENT PLAN, AND THE EASTLAKE
In SECTIONAL PLANNING AREA (SPA) PLAN AND ASSOCIATED
REGULATORY DOCUMENTS FOR 18.4 ACRES (AKA EASTLAKE III
SENIOR HOUSING PROJECT) AT THE SOUTHWEST CORNER OF
OLYMPIC P ARKW A Y AND WUESTE ROAD.
I RECITALS
A. Project Site
WHEREAS, the area of land which are the subject of this Resolution are diagrammatically
represented in Exhibit A and hereto incorporated herein by this Resolution, and commonly
known as EastLake Seniors Project, and for the purpose of general description herein
consist of 18.4 acres at the southwest corner of Olympic Parkway and Wueste Road within
the EastLake III Planned Community ("Project Site"); and,
B. Project; Application for Discretionary Approvals
WHEREAS, on October 18, 2004, a duly verified application was filed with the City of
Chula Vista Planning and Building Department by The EastLake Company, LLC
("Developer"), requesting approval of amendments to the City's General Plan, EastLake
III General Development plan, EastLake III Planned Community District Regulations and
Land Use Districts Map, and the EastLake In Sectional Planning Area (SPA) plan and
associated regulatory documents, including design guidelines, Public Facilities Finance
Plan, Air Quality Improvement plan and Water Conservation Plan for the 18.4 acres
located at the southwest corner of Olympic Parkway and Wueste Road ("Project); and,
C. Prior Discretionary Approvals
WHEREAS, development of the Project Site has been the subject matter of various
entitlements and agreements, including: 1) a General Plan Amendment, General
Development Plan and Sectional Planning Area Plan and associated Design Guidelines,
Public Facilities Financing Plan, Water Conservation Plan, Air Quality Improvement Plan
and Comprehensive Affordable Housing Plan previously approved by City Council
Resolution No. 2002-220 on July 17,2001; and 2) Planned Community District Regulations
and Land Use Districts Map approved by City Council Ordinance No. 2839 on July 24,
2001, and amended by City Council Ordinance No. 2963 on May 18, 2004; and,
D. Planning Commission Record of Application
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
ATTACHMENT 4
June 14,2006 and voted
the Project; and,
to forward a recommendation to the City Council on
WHEREAS, the proceedings and all evidence introduce before the Planning Commission at
the public hearing on this project held on June 14, 2006 and the minutes and resolution
resulting there from, are hereby incorporated into the record ofthese proceedings; and,
E. City Council Record of Application
WHEREAS, the City Clerk set the time and place for the hearing on the Project application
and notices of said hearings, together with its purposes given by its publication in a
newspaper of general circulation in the city, and its mailing to property owners within 500
feet of the exterior boundaries ofthe Project Sites at least ten days prior to the hearing.
NOW THEREFORE BE IT RESOLVED that the City Council hereby find, determine and
resolve as follows:
II. COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the proposed project for compliance
with the California Environmental Quality Act and has determined that there is substantial
evidence, in light of the whole record before the City of Chula Vista, that the project may
have a significant effect on the environment; therefore, the Environmental Review
Coordinator has prepared a Subsequent Environmental Impact Report (EIR #05-02; SCH
#2005091047).
The City Council hereby finds that the Project, as described and analyzed in the Subsequent
Environmental Impact Report (EIR #05-02; SCH #2005091047), would have no new
effects that were not examined in said Final EIR (Guideline 15168).
III. APPROVAL OF GENERAL PLAN AMENDMENT
The Chula Vista General Plan Land Use Diagram is hereby amended as set forth and
diagrammatically represented in Exhibit "A", a copy of which is on file in the office of the
City Clerk, known as Document , to change the land use designation of 18.4 acres at
the southwest corner of Olympic Parkway and Wueste Road from Commercial Visitor to
Residential High (18-27 DulAc).
Resolution
Page 3
IV. GENERAL PLAN INTERNAL CONSISTENCY
The City Council hereby finds and determines that the General Plan consistency is internally
consistent and shall remain internally consistent following the amendments thereon in this
Resolution.
V. GENERAL DEVELOPMENT PLAN FINDINGS
THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL
DEVELOPMENT PLAN IS IN CONFORMITY WITH THE PROVISIONS OF THE
CHULA VISTA GENERAL PLAN, AS AMENDED.
The proposed amendments to the EastLake ill General Development Plan reflects the land
use, circulation system and public facilities that are consistent with the City's General Plan
as proposed to be amended.
PLANNED COMMUNITY CAN BE INITIATED BY ESTABLISHMENT OF SPECIFIC
USES OR SECTIONAL PLANNING AREA PLANS WITHIN TWO YEARS OF THE
ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE.
The proposed amendments to the EastLake ill Sectional Planning area Plan only affects the
18.4 acres known as the EastLake Seniors Project, which was a continuation of the
EastLake IIII SPA Plan policies and development regulations, that was adopted by the City
Council on July 23, 2002.
IN THE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH
DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF
SUSTAINED DESIRABLITY AND STABILITY; AND THAT IT WILL BE IN
HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER
OF THE SURROUNDING AREA; AND THAT THE SITES PROPOSED FOR PUBLIC
FACILITIES, SUCH AS SCHOOLS, PLAYGROUNDS AND PARKS ARE ADEQUATE
TO SERVE THE ANTICIPATED POPULATION AND APPEAR ACCEPTABLE TO
THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF.
The project proposes 494 residential units at high density (nearly 27 DulAc). The proposed
development is the first 'Active Adult Community' age-restricted (55+) community within
the City of Chula Vista, providing additional housing to a segment of retiring-age seniors.
The project density and design are compatible with the surrounding Olympic Training
Center, future retail commercial (aka restaurant row), multi-family developments, and
Mountain Hawk community park.
VI. ADOPTION OF AMENDED GENERAL DEVELOPMENT PLAN
In light of the findings above, the amended EastLake ill General Development Plan is
hereby as set forth and diagrammatically represented in Exhibit "B", approved and
adopted in the form presented to the City Council and on file in the office of the City
Clerk.
VII. SPA FINDINGS/ APPROVAL
A. THE SECTIONAL PLANNING AREA (SPA) PLANS (AS AMENDED) ARE IN
CONFORMITY WITH THE EASTLAKE ill GENERAL DEVELOPMENT PLAN
AND THE CHULA VISTA GENERAL PLAN.
The EastLake ill Senior Project SPA Plan amendment reflect the land use,
circulation system and public facilities that are consistent with the EastLake ill
General Development Plan and the City of Chula Vista General Plan as amended
and diagrammatically represented in Exhibit "C", approved and adopted in the
form presented to the City Council and on file in the office of the City Clerk.
B. THE SECTIONAL PLANNING AREA PLANS WILL PROMOTE THE
ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED
SECTIONAL PLANNING AREAS.
The development of the Project Site is subject to the requirements, restrictions and
limitations prescribed in the EastLake ill Seniors Project Supplemental Public
Facilities Finance Plan (PFFP) and therefore will be constructed in the order
outlined in the PFFP.
C. THE EASTLAKE SECTIONAL PLANNING AREA (SPA) PLANS, AS
AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE,
RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL
QUALITY.
The Land uses within the EastLake ill Seniors Project SPA plan represent the
circulation system and overall land use intent as previously envisioned in the
EastLake ill General Development Plan. Thus, the amended Supplemental SPA will
not adversely affect the adjacent land uses, residential enjoyment, circulation or
environmental quality ofthe surrounding uses.
D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT
SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION,
AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH
AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF
SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH
DEVELOPMENT WILL MEET PERFORMANCE STANDARDS
ESTABLISHED BY THIS TITLE.
The amendments do not involve areas planned for industrial or research uses.
E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER
SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE
Resolution
Page 5
APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE
PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE
PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH
DEVELOPMENT.
The proposed amendments do not involve Institutional, Recreational or similar
uses.
F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND
ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON.
The Project Site will be served by Olympic Parkway, a 4-lane prime arterial.
Regional access will be provided primarily by 1-805 located approximately 7
miles to the west, and eventually by the future SR-125, approximately 2 miles to
the west. Required improvements installation timing and financing mechanism are
discussed in the EastLake III Seniors Project Supplemental Public Facilities
Finance Plan. Thus, the streets proposed to serve the Project Site are suitable and
adequate to carry the anticipated traffic thereon.
G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED
ECONOMICALLY AT THE LOCATION(S) PROPOSED AND WilL PROVIDE
ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT
SUCH PROPOSED LOCATION(S).
The proposed amendments do not consist of proposing additional commercial
development. A 12-acre retail commercial directly north of the site will serve the
commercial needs ofthe EastLake III community.
H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED
AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY
WITH SAID DEVELOPMENT.
The proposed amendments are consistent with the previously approved plans and
regulations applicable to surrounding areas, and therefore said development can be
planned and zoned in coordination and substantial compatibility with said
development.
BE IT FURTHER RESOLVED that in light of the findings above, the City Council does
hereby approve the EastLake III Seniors Project SPA amendments and adopts the amended
EastLake III SPA plan as presented in Exhibit "C" subject to the conditions set forth below:
VIII. SPA PLAN CONDITIONS OF APPROVAL
1. Implement the Federal and State mandated conservation measures outlined in the
EastLake III Seniors Project Water Conservation Plan.
2. Implement the non-mandated water conservation measures, which include I) Hot
Water Pipe Insulation 2) Pressure Reducing Valves, and 3) Water Efficient/Drought
Tolerant Landscaping.
3. Prior to approval of building permits for each phase of the project, the applicant shall
demonstrate that air quality control measures outlined in the EastLake III Seniors
Project Air Quality Improvement Plan pertaining to the design, construction and
operational phases of the project have been incorporated in the project design.
4. Trash collection areas shall be covered, bermed or other approved method as
approved by the City Engineer to prevent runoff of water from the trash collection
areas across paved areas into the storm drainage systems.
5. Implement all requirements of the Mitigation Monitoring and Reporting Program as
stipulated in FSEIR-05-02.
6. Prior to approval of the Final Map, submit to the Planning and Building Department
20 copies of the adopted EastLake III GDP and PC District Regulations, EastLake III
SPA, and associated regulatory documents in plastic 3-ring binders. Specific
document format, table of contents, binder size, cover and titles shall be as
determined by the Director of Planning and Building.
IX. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the forgoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, and any of such conditions fail to be so
implemented and maintained according to the their terms, the City shall have the right to
revoke or modify all approvals herein granted, deny or further condition issuance of shall
future building permits, deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted, instituted and prosecute litigate or
compel their compliance or seek damages for their violations. No vested rights are gained
by Developer or successor in interest by the City approval of this Resolution.
X. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
enforceability of each and every term provision and condition herein stated; and that in the
event that anyone or more terms, provisions or conditions are determined by the Court of
competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its
sole discretion, this resolution shall be deemed to be revoked and no further in force or in
effect.
Resolution
Page 7
Presented By:
Approved as to form by:
James D. Sandoval
Director of Planning and Building
Ann Moore
City Attorney
J:\PJanning\StanD\Eastlake\Peninsula AduJt Retirement\Reports & Resos\PCM-05-07CC RESO.doc
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 20th day of June, 2006, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk ofChula Vista, California, do hereby certify that the foregoing
Resolution No. was duly passed, approved, and adopted by the City Council at a
regular meeting ofthe Chula Vista City Council held on the 20th day of June, 2006.
Executed this 20th day of June, 2006.
Susan Bigelow, City Clerk
General Plan Amendment
~ fASTLAKE III
A planned community by The EastLake Company
--
Lower
Ofay
Reservoir
,~
-
-~
,
19.6 ac Project Site.
Change 18.4 ae from Commercial
- Visitor to Residential - High
1.2 acre Open Space to remain
un~
~\/~
~ I
--~
Exhibit A
,_ ',\1 Land Planning
........_..1....,.. n'"
i1...J"i ~ ~
4-6-06
General
Development
Plan
Proposed
I LandU.. ~ Target I
DU.
LM
RESIDENTIAL
I Low (0-3 du/ae) 298,2 2,2 650
Low Medium (3-6 du/ae) 154,5 5,2 799
Medium (6-11 du/ac) 7,3 10.0 73
Med-Hlgh (11-18 du/ac) 15,9 15.0 239
High (18-27+ dulae) 30,7 25.9 794 Project Location
Sub-lOtal ReaJdenll., 508.5 5.0 2,5SS Change 18.4 at: from
NON-RESIDENTIAL Commercial-Tourist to
[; Comm, Retail 12.2 Residential- rr:
Park 15,2
PubliclQuasi-Publie 247,1
OS Open Space 135,7
Circulation 25,5
-
Subtotal Non-Residential 435. 7
TOTAL M2.3 2.7 2,555
0iI0,
(l) . UnderlyIng Low Densely alternaltve Land Use
Rele< 10 lelll fer aNem8\lVe land use pIOv...,n.
..4 fASTLAKE III
A planned community by The EastLake Company
Exhibit B
Lower Otsy Reservoir
Ic. ,I; Land Planning
.......ca........,.. r--~
~
, .>> - ._~~
4-6-06
RESIDENTIAL
Woods
1::.11 LMd Use ~
I-~~ L 65.8 1.0 &4
WR-2 Single Family L 34.0 1.7 59
WR-3 Single Family L 40.6 1.9 77
WIW Single Family L 48.6 3.0 139
WR-5 Single Family L 29.2 2.4 71
I Sub-tolal (Woods East) 216.2 1.9 410
~ Single Family LM 24.7 5.5 135
WR-7 Single Family LM 18.3 6.7 122
. Sub-total (Woods Wast) 43.0 6.0 257
Residential Sub-tollll (Woods): Z5t.2 2.' m
VIsIIIs
VR-1 Single Family L 22.8 2.5 56
VR-2 Single Family L 22.3 3.0 88
VR-3 Single Family L 36.9 3.1 116
VR-4 Single Family LM 23.6 3.5 82
VR-5 Single Family LM 17.9 3.7 67
VR-8 Single Family LM 26.5 4.8 126
VR-7 Single Family LM 18.1 5.5 99
VR-8 Single Family LM 25.4 6.6 188
YR-II SlngIaIMuIIi-Family M 7.3 10.0 73
VR-10 Multi-Family MH 7.7 15.0 116
YR-11 Multi.FamHy MH 8.2 15.0 123
VR-12 MuIti-FamiIy H 12.3 24.4 300
VR-13 Multi.FamHy Seniors H 18.4 28.8 494
Residential Sub-tollll (VIstas): 247.4 7.' 1....
Sub-tolal ResldenUal 501.' 5.0 2,555
NON-RESIDENTlAL
C-1 Commercial- Retail CR 12.2
P-1 Pubtic Pari< P 13.5
P-2 Private Recreation L 1.7
PQ-1 Elementary School PO 14.3
PQ-2 Jr. High School PO 24.8
PQ-3 Fire Station PO 1.1
CPF-1 Comm. Purpose Fac. PO 12.9
OS Open Space' OS 134.6
08-1 OSlSchooI Parking OS 1.1
Major Circulation cir 25.5
Sub-tolal Non-Residential 2'ii:7
PROJECT TOTAL 748.3 3.4 2,555
Lower Ofay
ReselVOir
Project location
Change 18.4 ac from Commercial
Tourist (C-2) to Multi-family Seniors
(VR-13)
~EASTLAKE III
A planned community by The EastLake Company
Onti Land Planning
F9:J9 m
o <<10 _ '2GO~~
6-0-06
Exhibit C
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENTS TO THE
EASTLAKE III PLANNED COMMUNITY DISTRICT
REGULA nONS AND LAND USE DISTRICTS MAP FOR 18.4
ACRES (AKA EASTLAKE III SENIOR HOUSING PROJECT)
AT THE SOUTHWEST CORNER OF OLYMPIC PARKWAY
AND WUESTE ROAD.
I, RECITALS
A. Project Site
WHEREAS the area of land, which is the subject of this Ordinance is diagrammatically
represented in "Exhibit D" and incorporated herein by this reference and for the purpose of general
description herein consists of 18.4 acres known as EastLake III Seniors Project, and located at the
southwest comer of Olympic Parkway and Wueste Road intersection within the EastLake III Planned
Community ("Project Site"); and,
B. Project; Application for Discretionary Approvals
WHEREAS a duly verified application was filed with the City of Chula Vista Planning and
Building Department on October 18, 2004 by The EastLake Company LLC, requesting amendments
to the EastLake III Planned Community District Regulations and Land Use Districts Map; and,
WHEREAS, the Multi-Family Seniors (RMS) land use district is being created as a "Project
Specific Land Use District" to allow specific types of land uses only in conjunction with the
construction of the approximate 494 condominium units; and,
C. Prior Discretionary Approvals
WHEREAS, development of the Project Site has been the subject matter of various
entitlements and agreements, including: 1) a General Plan Amendment, General Development Plan
and Sectional Planning Area Plan and associated Design Guidelines, Public Facilities Financing
Plan, Water Conservation Plan, Air Quality Improvement Plan and Comprehensive Affordable
Housing Plan previously approved by City Council Resolution No. 2002-220 on July 17, 2001; and
2) Planned Community District Regulations and Land Use Districts Map approved by City Council
Ordinance No. 2839 on July 24,2001, and amended by City Council Ordinance No. 2963 on May
18,2004; and,
D. Planning Commission Record of Application
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
June 14, 2006 and voted ( ) to forward a recommendation to the City Council on the
Ordinance No.
Page 2
Project; and,
WHEREAS, the proceedings and all evidence introduced before the Planning Commission at
the public hearing on this project held on June 14,2006 and the minutes and resolution resulting
therefrom, are hereby incorporated into the record of this proceeding verbally; and,
E. City Council Record of Application
WHEREAS, a duly called and noticed public hearing was held before the City Council ofthe
City of Chula Vista on June 20, 2006, on the Project discretionary approval applications, and to
receive the recommendation ofthe Planning Commission and to hear public testimony with regard to
same; and,
WHEREAS, the City Clerk set the time and place for the hearing on the Project application
and notices of said hearings, together with its purposes given by its publication in a newspaper of
general circulation in the City, and its mailing to property owners within 500 feet of the exterior
boundaries of the Project Sites at least 10 days prior to the hearing; and,
F. Discretionary Approvals Resolution and Ordinance
WHEREAS, at the same City Council hearing at which this Ordinance was introduced for
first reading on June 20, 2006 the City Council of the City of Chula Vista approved Resolution
_by which it adopted the amendments on the City of Chula Vista General Plan, EastLake III
General Development Plan and EastLake III Seniors Project Sectional Planning Area (SPA) Plan.
NOW THEREFORE, the City Council ofthe City ofChula Vista does hereby find, determine
and ordain as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at its public hearing
on the Project held on June 14, 2006, and the minutes and resolutions resulting there from, are
hereby incorporated into the record of this proceeding.
III. COMPLIANCE WITH CEQA
The City Council does hereby find that the Final Subsequent Environmental Impact Report 05-02
has been prepared in accordance with requirements of the California Environmental Quality Act
(CEQA), the State CEQA Guidelines and the Environmental Review Procedures ofthe City ofChula
Vista, and would have no new effects that were not examined in said FEIR (Guideline 15168).
IV. FINDINGS FOR P-C PLANNED COMMUNITY ZONE AMENDMENTS
The City Council hereby finds that the proposed amendments to the EastLake III Planned
Community District Regulations are consistent with the City of Chula Vista General Plan, as
concurrently amended, and public necessity, convenience, the general welfare and good zoning
Ordinance No.
Page 3
practice support the amendment.
V. APPROVAL OF ZONE AMENDMENTS
The City Council does hereby approve the amendments to the EastLake III Planned Community
District Regulations, Land Use Districts Map as represented in "Exhibit D".
VI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Ordinance is dependent upon the
enforceability of each and every term, provision and condition herein stated; and that in the event
that anyone or more terms, provisions or conditions are determined by a Court of competent
jurisdiction to be invalid, illegal or unenforcable, this resolution shall be deemed to be automatically
revoked and of no further force and effect ab initio.
VII. EFFECTIVE DATE
This ordinance shall take effect and be in full force on the 30th day from and after its adoption.
Presented by:
Approved as to form by:
Ann Moore
City Attorney
James D. Sandoval
Director of Planning and Building
Ordinance No.
Page 4
PASSED, APPROVED, and ADOPTED by the City Council ofthe City ofChula Vista, California,
this 20th day of June, 2006, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA)
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 20th day of June, 2006.
Executed this 20th day of June, 2006.
Susan Bigelow, City Clerk
Strikeollt = Text Deleted
Underline = Text Added
SFD min. lot size 20,000 sf
SFD min. lot size 13,500 sf
SFD min. lot size 10,000 sf
SFD min. lot size 8,000 sf
SFD min. lot size 7,000 sf
SFD min. lot size 6,000 sf
SFD min. lot size 5,000-6,000 sf
SFD min. lot size 5,000 sf
SFD min. lot size 4,200 sf
SFD min. lot size 3,150 sf
SFlMulti-Fam. from 8-15 du/ac
Multi-Familty> 15 du/ac
Multi-family Seniors> 15 du/ac
Village Commercial
T etlFist Ceffiffiereial
Public and Quasi-Public Uses
Open SpacelPark & Rec.
Open Space - Passive
Community Purpose Facilities
Open Space (Potential School Parking)
,(~
/V
/ .'
, "
r /
, I
I /
/1
I ..
('.'
/ I
.' I
. /'/'
.......--" ,.
-~ ,
Symbol II Definition
RL1
RL2
RL3 & RL4
RE1
RE2 & RE3
RS1
R5-1a
RS2
RP1
RP2
RC
RM
RMS
VC
~
PQ
OSlP
OS
CPF
05-1
Lower Dtay
Reservoir
Notes:
1 Refer to the Planned Community DislnCl RegulatIOns tex! for
complete definitionS and requirements.
2. Boundaries of Land Use Dislncls are subjea to minor adjustment
In Ihe subdiVIsIOn process without formal amendment to this exhibit
Project Location
~ EASTLAKE III
A planned community by The EastLake Company
!, Land Planning
F9:J9 m
" "'" "'" '''''~~
3/31/06
Exhibit D
~~~
-.-
':'~-.::..'!Iii:'!Iii:
~~~~
CIlY Of
CHUlA VISTA
P I ann
n g
&
Building
Planning Division I
Department
Development Processing
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information
must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
The EastLake Company, LLC
Pulte Homes
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with
a $2000 investment in the business (corporation/partnership) entity.
Numerous - Available upon request
3. If any person* identified pursuant to (1) above is a non-profit organization or 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. Please identify every person, including any agents,employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter.
Bill Ostrem
Sohail Bokhari
WilHam Hezmalhalch
Gary Cinti
5. Has any person" associated with this contract had any financial dealings with an official.... of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes_ No~
If Yes, briefly describe the nature of the financial interest the official.... may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No.lf. Yes _ If yes, which Council member?
Attachment 6
276 Fourth Avenue
Chula Vista
California
91910
(619) 691-5101
City Of Chula Vista
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City of Chula Vista in the
past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes _ NO-1L
If Yes, which official.... and what was the nature of item provided?
Date: 10/13/04
.~~
Signature of Contractor/Applicant
Bm Ostrem, PresideIH
The EastLake Company, LLC
Print or type name of Contractor/Applicant
..
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit.
....
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commission, or committee of the City, employee, or staff members.
276 Fourth Avenue
Chula Vista
California
91910
(619) 691-5101
PLANNING COMMISSION AGENDA STATEMENT
Item: 1
Meeting Date: 6/14106
ITEM TITLE:
PUBLIC HEARING: PCS-06-11; Consideration of Tentative Subdivision
Map known as EastLake III Senior Housing Project, Chula Vista Tract 06-
11 to subdivide approximately 19.6 acres into 2 lots for a condominium
project of 494 units - Pulte Homes.
The applicant, Pulte Homes, submitted an application for a tentative subdivision map to subdivide
19.6 acres into 2 parcels containing 494 condominium units (see Attachment 3, Exhibit A and full
size plan). The Project is located on the south side of Olympic Parkway just west of the
intersection of Olympic Parkway and Wueste Road within the EastLake III master planned
community (see Locator).
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has determined that there is substantial evidence,
in light of the whole record before the City of Chula Vista, that the project may have a significant
effect on the environment; therefore, the Environmental Review Coordinator has prepared a
Subsequent Environmental Impact Report (EIR #05-02; SCH #2005091047). Certification of the
Subsequent EIR (EIR #05-02) for this project will be considered by the Planning Commission as
a separate item.
RECOMMENDATION:
Adopt attached Resolution PCS-06-11 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 3).
DISCUSSION:
1. Background
The subject property is located within the Activity Core area of the EastLake III planned
community. Amendments to the City's General Plan, EastLake III General Development Plan
and Sectional Planning Area Plan, being considered in separate items, accompanies this
Tentative Map proposal to change the land use designation from Tourist Commercial to
Residential High (18-17 dulac). The proposed amendments would allow a density of 27 dulac,
which translates to approximately 494 dwelling units on the site. The approval of this Tentative
Subdivision Map is contingent upon approval of the proposed above-mentioned land use
amendments and the Ordinance entering into effect.
The applicant has submitted a Design Review application for the proposed 494-unit
condominium project, which will be considered by the Design Review Committee. The project
was presented to the DRC as an informational item on December 19,2005. The DRC supported
Page 2, Item:
Meeting Date: 6/14/06
The applicant has incorporated the recommendations, and the project is targeted for formal
consideration and approval by the DRC in early July.
2. Existing Site Characteristics
The project site is an irregular shaped parcel located at the southwest comer of Olympic Parkway
and Wueste Road adjacent to the United States Olympic Training Center (see Locator). 18.4
acres of the 19.6-acre site are the building pad created in 2002 as part of the Eastlake's mass
grading program, and the remaining 1.2 acres is a combination of natural and man made slopes
separating the leveled building pad from Olympic Parkway, Wueste Road and the Olympic
Training Center. The elevation difference between the building pad and the surrounding streets
vary from 0 at the parcel's main access point to approximately 40 ft at the intersection of
Olympic Parkway and Wueste Road. The Olympic Training Center is approximately 20 above
the subject site finished floor elevation (see Attachment 3, Tentative Subdivision Map). Access
to the site is from Olympic Parkway only. Emergency access as required by the Police and Fire
departments is proposed from the adjacent Olympic Training Center to the west via a 16-foot wide
paved road at the southwest portion ofthe site.
The project entry will be gate guarded with gates controlled by Opticon controls. To meet Police
and Fire Department's emergency access requirements The gated entry is setback approximately
150 feet from Olympic Parkway and meets the required minimum setback of the City of Chula
Vista Subdivision Manual. The private entry road rises at about a 5% grade with landscaped slopes
on both sides and terminates in a cul-de-sac. A second street (Street B) intersects Street A to serve
Parcel 2. On street perpendicular parking for visitors is provided along both streets.
There will be a total of 8,500 cubic yards (cy) of cut and 173,500 cubic yards of fill on site. The
underground garages will be excavated about 10 feet below surface, resulting in approximately
165,000 cy, and the fill will be distributed and compacted on site and balanced. Parking for
residents will be in underground garages beneath the dwelling units.
Page 3, Item:
Meeting Date: 6/14/06
3. Zoning and Land Use
The project site is surrounded by the following existing land uses and land use designations:
Surrounding Land Uses
Chula Vista GDP Land PC District
Municipal General Plan Use (Land Use Existing
Code Designation Designation District) Land Use
Project Site PC (Planned Commercial Tourist Tourist Vacant
Community) Visitor Commercial Commercial
(Proposed (Proposed (Proposed
Residential High Residential High Multi-Family
18-27 du/ac) 18-27 du/ac) Seniors RMS)
South PC (Planned Public & Quasi- Open Space Open Space and Vacant
Community) Public (OTe) Public/Quasi-
Public (OTe)
East PC (Planned Open Space Open Space Open Space Vacant and
Community) Lower Otay
Reservoir
West PC (Planned Open Space and Public/Quasi- Open Space and
Community) Public/Quasi- Public Public/Quasi- OTC
Public (OTe) Public (OTe)
North PC (Planned Commercial Commercial Village Vacant and
Community) Retail and Open Retail and Open Commercial and Open Space
Space Space Open Space
4. Project Description
The project consists of two lots contammg 494 condominium units in 13 separate
buildings for sale to active adults 55 years of age and older. The gross area of the
subdivision is 19.6 acres. The pad area is 18.4 acres and the remainder of 1.2 acres is
open space separating the project from the OTC. The 13 condominium buildings are
situated along two private streets with on street visitor parking and underground parking
for residents. Each condo building is 3 and 4 stories in height and each building contains
an individual courtyard. The residential lots will be served with a system of on site trails
and a community recreational building (15,000 square feet) for the use of the residents.
An emergency access road is proposed west of Street B to connect to the OTC parking
lot.
Page 4, Item:
Meeting Date: ()/14/O()
5. Analysis
T ,and T Tse
With the proposed amendments to the General Plan, EastLake III GDP and the EastLake
III SPA Plan, the proposed tentative subdivision map will be in substantial comformance
with the General Plan, EastLake III General Development Plan and EastLake III Sectional
Planning Area (SPA) Plan. The proposed project will have a target density of 26.8 dulac.
Gr::ldinr:
The site is currently in a graded "pad" condition sloping gently to the northwest toward
Olympic Parkway. Site grading will be required and portions of the site will need to be
raised 4 to 5 feet to create gradual elevation changes. Simultaneously, the underground
parking garage will be excavated approximately 10 feet to establish the underground garage
space. The cut and fill grading on site will balance, thereby eliminating the need to export
or import dirt.
The applicant is also considering an optional temporary offsite construction access road and
an offsite trail connecting the proposed project with the Olympic Training Center. Both
offsite grading conditions are shown on the tentative map.
Circul::ltion
Access is provided by gated entrances from Olympic Parkway which connects to an internal
private street system consisting of two streets with on street visitor parking. The internal
circulation is via private streets and driveways with underground parking for residents. An
emergency access road is proposed at the southwest comer of the site. This emergency
access road will provide a secondary access route via the Olympic Training Center parking
lot for emergency fire trucks.
All onsite and offsite public and private streets required to serve the subdivision will be
constructed or DIF Fees paid by the developer in accordance with the EastLake III Public
Facilities Financing Plan and Supplemental Facilities Finance Plan prepared for this project.
All streets serving the project will be designed per City standards and/or requirements.
P::Irks ::Ind Recre::ltion, Open Sp::lce
The Developer will pay the development component of the PAD Fee as required by the
City. The estimated development component of the PAD Fee is $1,384,682. Combined,
the estimated fee for both components of the PAD Fee is $4,050,942.
Schools
The project will be restricted to active adults 55 years of age or older and will not
generate an increase in family dwelling units or school age population in the project area,
so there will be no impact to either elementary or high school districts.. Therefore, the
development will not result in a need for new schools. School mitigation has been
satisfied through the inclusion of this site in Community Facilities District (CFD No.1),
which was formed with the cooperation of the EastLake Company. Based on age
Page 5, Item:
Meeting Date: 6/14106
restrictions, local schools will not be impacted. However, the applicant will have to pay
school fees at the rate in effect at the time building permits are issued.
Dr::lin::lp;e
The 19.6-acre site lies within the Otay Lakes Drainage Basin. However, runoff from the
site is diverted into the Salt Creek Basin to prevent impacts to the Lower Otay Reservoir.
Presently, runoff from the site is discharged into a 42-inch pipe and into the city's storm
water conveyance system in Olympic Parkway, which ultimately discharges into Salt
Creek.
The project will be conditioned to provide for the conveyance of storm water flows in
accordance with City standards, policies and requirements. The Developer will design,
install and maintain on-site erosion protection. All permanent or temporary erosion
control will be designed to City standards and to the satisfaction of the City Engineer.
Further, the project shall comply with all Federal, State and Local storm water runoff and
discharge regulations.
~
Sewer service to the project site is provided by the City of Chula Vista. The EastLake III
Seniors Project is located in the Salt Creek drainage basin. The project will connect to
the existing public 8 and 12-inch gravity sewer mains located north of Olympic Parkway
in the approved Neighborhood C-l site of the EastLake SPA Plan. This sewer collects
flows generated from the VR-9, VR-lO, VR-ll and C-l sites and conveys the flows to the
15-inch diameter main in Olympic Parkway. The I5-inch main connects to the 18-inch
Salt Creek Interceptor. The capacity of these facilities to serve the proposed project has
been assessed in the Final EastLake Peninsula off-site Sewer Capacity Analysis Study
dated November 8, 2005, by PBS&J.
Projected wastewater flows from the Seniors Project will ultimately discharge into the
Salt Creek Interceptor. Based upon the approved Tentative Map, the adopted land use for
the site was designated as a Hotel/Resort. The average daily sewage flow was estimated
to be 45,500 gpd or 172 equivalent dwelling units (EDU) for the adopted land use. The
Seniors Project will result in an increase in average flow of 53,300 gpd or 201 EDUs to
the Salt Creek Interceptor.
The City's current contracted capacity rights with the METRO are expected to be
exceeded in about five years. However, with an allocation from the Southbay Treatment
Plant, additional capacity will be available. For longer term capacity needs, the new City
of Chula Vista Sewer Master Plan will form the basis for reevaluating the sewer capacity
fee so that there is sufficient funding to acquire the additional capacity rights.
Negotiations between the City of Chula Vista and the City of San Diego to acquire those
rights are ongoing.
Pot::lhle /([ Recyded W::Iter
The Otay Water District will provide water service for EastLake III Seniors Project. The
Otay Water District has facilities in the vicinity of the project that can provide water
Page 6, Item:
Meeting Date: 6/14/06
service. It has been determined by the OWD that the project will not receive recycled
water for landscaping since it is in an area that drains into the adjacent Lower Otay
Reservoir. Land that drains into the Upper or Lower Otay Reservoir is restricted from
using recycled water for landscape irrigation to avoid the potential for contamination of
drinking water.
The total projected potable water demand for the EastLake III Seniors Project is
approximately 148,200 gallons per day (gpd). The fire flow is 3,750 gallons per minute
(gpm), which meets the City's requirements. There is adequate off-site storage capacity
to meet both potable water and fire flow demands.
Eire
Development of the project will cumulatively add to the need for fire service in the area.
Demographics of the project are anticipated to increase Fire Department responses. Fire
Station #8, located at 975 Lane Avenue in EastLake Business Center I would be the
primary station to serve the project. In the future, Fire Station #8 will be reconstructed in
EastLake Woods.
Tnmsport::Jtion/Tr::Jnsit
While there are currently no transit routes that serve this area, transit staff is hopeful that
this can become an active transit trip generator in the future. Transit staff has requested a
deposit of $20,000 for future transit improvements at this site as a condition of development
approval. This amount will cover the cost of installing bus shelters, benches, and ADA
accessible bus stop facilities.
CONCLUSION:
Based on the analysis and the conclusions discussed above, staff recommends adoption of
the Resolution recommending that the City Council approve the tentative map based on
the findings and subject to the conditions contained therein.
Attachm~nts
1. Locator
2. Planning Commission Resolution
3. Draft City Council Resolution
4. Disclosure Statement
J :\Planning\StanD\Eastlake\Peninsula Adult Retirement\PCS 05-07\PC Report 6-14-06.doc
PLANNING COMMISSION AGENDA STATEMENT
Item:
Meeting Date: 6/14/06
ITEM TITLE:
PUBLIC HEARING: PCS-06-11; Consideration of Tentative Subdivision
Map known as EastLake III Senior Housing Project, Chula Vista Tract 06-
11 to subdivide approximately 19.6 acres into 2 lots for a condominium
project of 494 units - Pulte Homes.
The applicant, Pulte Homes, submitted an application for a tentative subdivision map to subdivide
19.6 acres into 2 parcels containing 494 units (see Attachment 3, Exhibit A and full size plan). The
Project is located on the south side of Olympic Parkway just west of the intersection of Olympic
Parkway and Wueste Road within the EastLake III master planned community (see Locator).
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has determined that there is substantial evidence,
in light of the whole record before the City of Chula Vista, that the proj ect may have a significant
effect on the environment; therefore, the Environmental Review Coordinator has prepared a
Subsequent Environmental Impact Report (EIR #05-02; SCH #2005091047). Certification of the
Subsequent EIR (EIR #05-02) for this project will be considered by the Planning Commission as
a separate item.
RECOMMENDATION:
Adopt attached Resolution PCS-06-11 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 3).
DISCUSSION:
1. Background
The subject property is located within the Activity Core area of the EastLake III planned
community. Amendments to the City's General Plan, EastLake III General Development Plan
and Sectional Planning Area Plan, being considered in separate items, accompanies this
Tentative Map proposal to change the land use designation from Tourist Commercial to
Residential High (18-17 dulac). The proposed amendments would allow a density of 27 dulac,
which translates to approximately 494 dwelling units on the site. The approval of this Tentative
Subdivision Map is contingent upon approval of the proposed above-mentioned land use
amendments and the Ordinance entering into effect.
The applicant has submitted a Design Review application for the proposed 494-unit
condominium project, which will be considered by the Design Review Committee. The project
was presented to the DRC as an informational item on December 19,2005. The DRC supported
the proposed design and provided meaningful design recommendations to improve the project.
Page 2, Item:
Meeting Date: 6/14/On
The applicant has incorporated the recommendations, and the project is targeted for formal
consideration and approval by the DRC in early July.
2. Existing Site Characteristics
The project site is an irregular shaped parcel located at the southwest comer of Olympic Parkway
and Wueste Road adjacent to the United States Olympic Training Center (see Locator). 18.4
acres of the 19.6-acre site are the building pad created in 2002 as part of the Eastlake's mass
grading program, and the remaining 1.2 acres is a combination of natural and man made slopes
separating the leveled building pad from Olympic Parkway, Wueste Road and the Olympic
Training Center. The elevation difference between the building pad and the surrounding streets
vary from 0 at the parcel's main access point to approximately 40 ft at the intersection of
Olympic Parkway and Wueste Road. The Olympic Training Center is approximately 20 above
the subject site finished floor elevation (see Attachment 3, Tentative Subdivision Map). Access
to the site is from Olympic Parkway only. Emergency access as required by the Police and Fire
departments is proposed from the adjacent Olympic Training Center to the west via a 16-foot wide
paved road at the southwest portion of the site.
The project entry will be gate guarded with gates controlled by Opticon controls. To meet Police
and Fire Department's emergency access requirements The gated entry is setback approximately
150 feet from Olympic Parkway and meets the required minimum setback of the City of Chula
Vista Subdivision Manual. The private entry road rises at about a 5% grade with landscaped slopes
on both sides and terminates in a cul-de-sac. A second street (Street B) intersects Street A to serve
Parcel 2. On street perpendicular parking for visitors is provided along both streets.
There will be a total of 8,500 cubic yards (cy) of cut and 173,500 cubic yards of fill on site. The
underground garages will be excavated about 10 feet below surface, resulting in approximately
165,000 cy, and the fill will be distributed and compacted on site and balanced. Parking for
residents will be in underground garages beneath the dwelling units.
Page 3, Item:
Meeting Date: n/14/On
3. Zoning and Land Use
The project site is surrounded by the following existing land uses and land use designations:
Surrounding Land Uses
Chula Vista GDP Land PC District
Municipal General Plan Use (Land Use Existing
Code Designation Designation District) Land Use
Project Site PC (Planned Connnercial Tourist Tourist Vacant
Connnunity) Visitor Connnercial Connnercial
(Proposed (Proposed (Proposed
Residential High Residential High Multi-Family
18-27 du/ac) 18-27 du/ac) Seniors RMS)
South PC (Planned Public & Quasi- Open Space Open Space and Vacant
Connnunity) Public (aTe) Public/Quasi-
Public (aTe)
East PC (Planned Open Space Open Space Open Space Vacant and
Connnunity) Lower Otay
Reservoir
West PC (Planned Open Space and Public/Quasi- Open Space and
Connnunity) Public/Quasi- Public Public/Quasi- OTC
Public (aTe) Public (aTe)
North PC (Planned Connnercial Connnercial Village Vacant and
Connnunity) Retail and Open Retail and Open Connnercial and Open Space
Space Space Open Space
4. Project Description
The project consists of two lots containing 494 condominium units in 13 separate
buildings for sale to active adults 55 years of age and older. The gross area of the
subdivision is 19.6 acres. The pad area is 18.4 acres and the remainder of 1.2 acres is
open space separating the project from the OTC. The 13 condominium buildings are
situated along two private streets with on street visitor parking and underground parking
for residents. Each condo building is 3 and 4 stories in height and each building contains
an individual courtyard. The residential lots will be served with a system of on site trails
and a community recreational building (15,000 square feet) for the use of the residents.
An emergency access road is proposed west of Street B to connect to the OTC parking
lot.
Page 4, Item:
Meeting Date: n/141On
5. Analysis
T.:md TTse
With the proposed amendments to the General Plan, EastLake III GDP and the EastLake
III SPA Plan, the proposed tentative subdivision map will be in substantial comformance
with the General Plan, EastLake III General Development Plan and EastLake III Sectional
Planning Area (SPA) Plan. The proposed project will have a target density of 26.8 dulac.
Grading
The site is currently in a graded "pad" condition sloping gently to the northwest toward
Olympic Parkway. Site grading will be required and portions of the site will need to be
raised 4 to 5 feet to create gradual elevation changes. Simultaneously, the underground
parking garage will be excavated approximately 10 feet to establish the underground garage
space. The cut and fill grading on site will balance, thereby eliminating the need to export
or import dirt.
The applicant is also considering an optional temporary offsite construction access road and
an offsite trail connecting the proposed project with the Olympic Training Center. Both
offsite grading conditions are shown on the tentative map.
Circulation
Access is provided by gated entrances from Olympic Parkway which connects to an internal
private street system consisting of two streets with on street visitor parking. The internal
circulation is via private streets and driveways with underground parking for residents. An
emergency access road is proposed at the southwest comer of the site. This emergency
access road will provide a secondary access route via the Olympic Training Center parking
lot for emergency fire trucks.
All onsite and offsite public and private streets required to serve the subdivision will be
constructed or DIF Fees paid by the developer in accordance with the EastLake ill Public
Facilities Financing Plan and Supplemental Facilities Finance Plan prepared for this project.
All streets serving the project will be designed per City standards and/or requirements.
Parks and Recreation, Open Space
The Developer will pay the development component of the PAD Fee as required by the
City. The estimated development component of the PAD Fee is $1,384,682. Combined,
the estimated fee for both components ofthe PAD Fee is $4,050,942.
Schools
The project will be restricted to active adults 55 years of age or older and will not
generate an increase in family dwelling units or school age population in the project area,
so there will be no impact to either elementary or high school districts.. Therefore, the
development will not result in a need for new schools. School mitigation has been
satisfied through the inclusion of this site in Community Facilities District (CFD No.1),
which was formed with the cooperation of the EastLake Company. Based on age
Page 5, Item:
Meeting Date: n/14/On
restrictions, local schools will not be impacted. However, the applicant will have to pay
school fees at the rate in effect at the time building permits are issued.
Dr:1in:1ee
The 19.6-acre site lies within the Otay Lakes Drainage Basin. However, runoff from the
site is diverted into the Salt Creek Basin to prevent impacts to the Lower Otay Reservoir.
Presently, runoff from the site is discharged into a 42-inch pipe and into the city's storm
water conveyance system in Olympic Parkway, which ultimately discharges into Salt
Creek.
The project will be conditioned to provide for the conveyance of storm water flows in
accordance with City standards, policies and requirements. The Developer will design,
install and maintain on-site erosion protection. All permanent or temporary erosion
control will be designed to City standards and to the satisfaction of the City Engineer.
Further, the project shall comply with all Federal, State and Local storm water runoff and
discharge regulations.
s..ewer
Sewer service to the project site is provided by the City of Chula Vista. The EastLake III
Seniors Project is located in the Salt Creek drainage basin. The project will connect to
the existing public 8 and 12-inch gravity sewer mains located north of Olympic Parkway
in the approved Neighborhood C-l site of the EastLake SPA Plan. This sewer collects
flows generated from the VR-9, VR-I0, VR-ll and C-l sites and conveys the flows to the
15-inch diameter main in Olympic Parkway. The 15-inch main connects to the 18-inch
Salt Creek Interceptor. The capacity of these facilities to serve the proposed project has
been assessed in the Final EastLake Peninsula off-site Sewer Capacity Analysis Study
dated November 8, 2005, by PBS&J.
Projected wastewater flows from the Seniors Project will ultimately discharge into the
Salt Creek Interceptor. Based upon the approved Tentative Map, the adopted land use for
the site was designated as a Hotel/Resort. The average daily sewage flow was estimated
to be 45,500 gpd or 172 equivalent dwelling units (EDU) for the adopted land use. The
Seniors Project will result in an increase in average flow of 53,300 gpd or 201 EDUs to
the Salt Creek Interceptor.
The City's current contracted capacity rights with the METRO are expected to be
exceeded in about five years. However, with an allocation from the Southbay Treatment
Plant, additional capacity will be available. For longer term capacity needs, the new City
of Chula Vista Sewer Master Plan will form the basis for reevaluating the sewer capacity
fee so that there is sufficient funding to acquire the additional capacity rights.
Negotiations between the City of Chula Vista and the City of San Diego to acquire those
rights are ongoing.
Pot:1hle & Recyclec1 W:1ter
The Otay Water District will provide water service for EastLake III Seniors Project. The
Otay Water District has facilities in the vicinity of the project that can provide water
Page 6, Item:
Meeting Date: 6/14/06
service. It has been determined by the OWD that the project will not receive recycled
water for landscaping since it is in an area that drains into the adjacent Lower Otay
Reservoir. Land that drains into the Upper or Lower Otay Reservoir is restricted from
using recycled water for landscape irrigation to avoid the potential for contamination of
drinking water.
The total projected potable water demand for the EastLake III Seniors Project is
approximately 148,200 gallons per day (gpd). The fire flow is 3,750 gallons per minute
(gpm), which meets the City's requirements. There is adequate off-site storage capacity
to meet both potable water and fire flow demands.
E.i.re
Development of the project will cumulatively add to the need for fire service in the area.
Demographics of the project are anticipated to increase Fire Department responses. Fire
Station #8, located at 975 Lane Avenue in EastLake Business Center I would be the
primary station to serve the project. In the future, Fire Station #8 will be reconstructed in
EastLake Woods.
Transportati on/Transit
While there are currently no transit routes that serve this area, transit staff is hopeful that
this can become an active transit trip generator in the future. Transit staff has requested a
deposit of $20,000 for future transit improvements at this site as a condition of development
approval. This amount will cover the cost of installing bus shelters, benches, and ADA
accessible bus stop facilities.
CONCLUSION:
Based on the analysis and the conclusions discussed above, staff recommends adoption of
the Resolution recommending that the City Council approve the tentative map based on
the findings and subject to the conditions contained therein.
A tt:1chmp.nt~
1. Locator
2. Planning Commission Resolution
3. Draft City Council Resolution
4. Disclosure Statement
J :\PlanningIStanD\Eastlake\PeninsuJa Adult Retirement\PCS 05-07\PC Report 6-14-06.doc
Olympic
Training
Center
CHULA VISTA PLANNING
lOCATOR :~~I~%T: Pulte Homes
C) PROJECT Olympic Parkway &
ADDRESS: Wueste Road
SCALE: FILE NUMBER:
NORTH No Scale PCS-06-11
J:\planning\carlos\locators\pcs0611.cdr 06.02.06
Open Space (not a
part of the project).
r::J Project Location
AND BUILDING DEPARTMENT
PROJECT DESCRIPTION:
SUBDIVISION
Request: Consideration of a Tentative Subdivision Map known as EestLake III Senior Housing project,
Chule VJS1a Tract 06-11 to subdivide approximately 19.6 aa'IIS into 2 lots containing a total of 494
residential units to be sold as condominiums with the land and physical improvements 10 be held in
common. Indi'ltdual homeowners will be glwn exduslw rlghllo use applicable buHdlng air space and
fenced yard area.
Related Cases: PC~7. 15-05-007, DRC-05-24, GPA.{)5-02
Attachment 1
RESOLUTION NO PCS 06-11
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE AND ESTABLISH
CONDITIONS OF THE TENTATNE SUBDNISION MAP FOR EASTLAKE III
SENIOR HOUSING PROJECT, CHULA VISTA TRACT 06-11- PUL TE HOMES
WHEREAS, duly verified application for a tentative subdivision map was filed with
the City of Chula Vista Planning and Building Department on February 1, 2006 by Pulte
Homes, Inc. ("Developer") requesting approval to subdivide 19.6 acres into 2 lots
("Project"), and,
WHEREAS the area of land, which is the subject of this Resolution, is located at the
northeast comer of Olympic Parkway and EastLake Parkway within the EastLake III
Planned Community ("project site"); and,
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has determined
that there is substantial evidence, in light ofthe whole record before the City of Chula Vista,
that the project may have a significant effect on the environment; therefore, the
Environmental Review Coordinator has prepared a Subsequent Environmental Impact
Report (EIR #05-02; SCH #2005091047); 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 ofthe exterior boundaries ofthe property at least 10 days
prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00
p.m., June 14, 2006, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that on June 14, 2006, the Planning
Commission considered the proposed project and, after staffs' and applicant's presentations,
recommends that the City Council approve the attached City Council Resolution for Chula
Vista Tract 06-11 in accordance with the findings and subject to the conditions contained
therein.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to
the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA, CALIFORNIA, this 14th day of June, 2006, by the following
vote, to-wit:
ATTACHMENT 2
AYES:
NOES:
ABSENT:
ATTEST:
Diana Vargas, Secretary
J: \Planning\StanD\Eastlake\Peninsula Adult Retirement\PCS 05-07\PC Reso.doc
Vicki Madrid, Chairperson
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ESTABLISHING
CONDITIONS OF THE TENTATIVE SUBDIVISION MAP FOR
EASTLAKE III SENIOR HOUSING PROJECT, CHULA VISTA
TRACT 06-11
I. RECITALS
A. Project Site
WHEREAS, the area of land which is the subject matter of this Resolution is
diagrammatically represented in Exhibit A, copies of which are on file in the Office of the
City Clerk, incorporated herein by reference, and commonly known as EastLake III Senior
Housing Project Tentative Subdivision Map, Chula Vista Tract 06-11; and for the purpose of
general description herein consists of 19.6 acres, located at the southwest comer of Olympic
Parkway and Wueste Road within the EastLake III community ("Project Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on February 1, 2006, Pulte Homes ("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 19.6 acres into 2 parcels
to be developed with 494 attached/multi-family dwelling units, and includes a 15,000 square
foot community recreation building and walking trails ("Project"); and,
C. Prior Discretionary Approval
WHEREAS, the development of the Project Site has been the subject matter of various
entitlements and agreements, including: 1) a General Plan Amendment, General
Development Plan and Sectional Planning Area Plan and associated Design Guidelines,
Public Facilities Financing Plan, Water Conservation Plan, Air Quality Improvement Plan
and Comprehensive Affordable Housing Plan previously approved by City Council
Resolution No. 2002-220 on July 17, 2001; and 2) Planned Community District Regulations
and Land Use Districts Map approved by City Council Ordinance No. 2839 on July 24,2001,
and amended by City Council Ordinance No. 2963 on May 18, 2004; and,
D. Planning Commission Record of Applications
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
June 14, 2006 and after hearing staff presentation and public testimony voted ( ) to
recommend that the City Council approve the Project, in accordance with the findings and
subject to the conditions listed below; and,
E. Council Record of Applications
WHEREAS, a duly called and noticed public hearing on the Project was held before the City
Council of the City of Chula Vista on June 20, 2006, on the Project to receive the
recommendations of the Planning Commission, and to hear public testimony with regard to
the same; and,
ATTACHMENT 3
Resolution xxxxx
Page 2
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
June 20, 2006, 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 June 14, 2006, and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding.
III. COMPLIANCE WITH CEQA
The City Council hereby finds that the Project, as analyzed in the Final Subsequent
Environmental Impact Report for the EastLake III Senior Housing Project (FSEIR-05-02),
would have no new effects that were not examined in said FSEIR (Guideline 15168).
IV. ACTION
The City Council hereby approves the resolution approving the EastLake III Senior Housing
Project Tentative Map, Chula Vista Tract 06-05 involving 19.6 acres of land, finding it is
consistent with the City of Chula Vista General Plan, the EastLake III General Development
Plan, EastLake III SPA Plan, and all other applicable Plans, and that the public necessity,
convenience, general welfare and good planning and zoning practice support their approval
and implementation.
V. 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 III
Senior Housing Project, Chula Vista Tract No. 06-11, is in conformance with the
elements of the City's General Plan, based on the following:
a) Land Use and Transportation
The proposed subdivision provides for two lots, to be developed with a 494-unit
condominium project. The site is designated Commercial Visitor and is proposed to
be amended to Residential High (18-27 du/ac) in the General Plan and Residential-
High (18-27 du/ac) in the EastLake III GDP and to VR-13 Multi-Family Seniors in
the EastLake III SPA. Thus, the project as conditioned is in substantial compliance
with the amended EastLake III GDP and SPA and is in substantial conformance with
the amended General Plan.
Resolution xxxxx
Page 3
All off-site public street improvements required to serve the subdivision have been
constructed and on site streets will be private.
The public streets serving the Project have been sized as prescribed in the Land Use
and Transportation Element of the General Plan and constructed per City design
standards and requirements. The modifications to off-site public street improvements
have been included in the conditions of approval. The streets are adequate to handle
this Project and future projects in the area.
b) East Area Plan
The Project site is located within the East Area Plan area and will be consistent with
the plan and policies with the adoption of the amendments to the General Plan
described above.
c) Housing
The project is consistent with the density prescribed within the proposed amendment
to the EastLake III SPA and provides a new type of active adult seniors housing for
persons 55 years of age and older. The EastLake III Affordable Housing Plan is being
amended to require the applicant to provide 10% of the total number of housing units
offsite for affordable housing. Thus, the affordable housing requirement shall be
deemed to be satisfied upon the completion of construction of 25 units for low
income families and 25 units for moderate income families.
d) Conservation
FSEIR-05-02 addresses the goals and policies of the Environmental Element of the
General Plan and found the development of this site to be consistent with these goals
and policies.
There are no known earthquake faults on or around the project site.
Herbicides and pesticides will be prohibited on all landscaped slopes draining into
Lower Otay Reservoir. A Water Conservation Plan and Air Quality Improvement
Plan have been prepared for the project. Noise mitigation measures included in the
FSEIR-05-02 will adequately address the noise goals and policies 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
e) Public Facilities and Services
The Project will be served by the new Mountain Hawk Community Park being
constructed north of this site within the EastLake Vistas neighborhood. The
Developer will pay park fees for the 494 units in accordance with the Parkland
Dedication Ordinance and the conditions of approval specify the amounts to be paid.
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.
Resolution xxxxx
Page 4
All required public facilities and services needed to serve the site such as water,
sewer, drainage, police, fire, emergency services, schools, libraries, and utilities exist
and/or will be provided by the Developer in accordance with the goals and policies of
the General Plan.
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.
f) Economic Development
The fiscal impact of the project is analyzed in the project's Public Facilities and
Financing Plan. The development of the site as a resortlhotel development as
originally planned when the site was designated Commercial Tourist has turned out to
be infeasible due to fewer visitors to the Olympic Training Center and the relative
isolation of the site.
g) Growth Management
The project has prepared a Public Facilities and Financing Plan which analyzes
compliance with the City's Growth Management goals and policies, including the
Threshold Standards set by the Growth Management Ordinance. Development
impact fees will be required of the applicant.
B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has
considered the effect of this proposal on the housing needs of the region and has balanced
those needs against the public service needs of the residents of the City and the available
fiscal and environmental resources.
C. The configuration, orientation and topography of the site partially allows for the optimum
setting of lots for passive or natural heating and cooling opportunities as required by
Government Code Section 66473.1.
D. The site is physically suited for residential development and the proposal conforms to all
standards established by the City for such project.
E. The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extend to the impact created
by the proposed development.
BE IT FURTHER RESOLVED that the City Council does hereby approve the Project
subject to the general and special conditions set forth below.
VI. 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 06-11, Final
Subsequent Environmental Impact Report for the EastLake III Senior Housing Project
(FSEIR-05-02) and associated Mitigation Monitoring and Reporting Program.
Resolution xxxxx
Page 5
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 III Senior Housing Project (FSEIR-05-02) 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-05-02. 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 III Senior
Housing Project Public Facilities Financing Plan, 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 III Planned
Community District Regulations and Design Guidelines and in accordance with approval
by the Design Review Committee.
VII. SPECIAL CONDITIONS OF APPROVAL
Unless otherwise specified or required by law: (a) the conditions and Code requirements
set forth below shall be completed prior to the Final Map as determined by the Director
of Planning and Building, the City Engineer, and the Director of General Services (b)
unless otherwise specified, "dedicate" means grant the appropriate easement, rather than
fee title. Where an easement is required the Applicant shall be required to provide
subordination of any prior lien and easement holders in order to ensure that the City has a
first priority interest and rights 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.
Should conflicting wording or standards occur between these conditions of approval, any
conflict shall be resolved by the City Manager or designee.
GENERAL/PRELIMINARY
1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to
the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all
of the property. For the purposes of this document the term "Developer" shall also include
Applicant". (Engineering, Planning & Building)
Resolution xxxxx
Page 6
2. Developer shall, comply, remain in compliance and implement, the terms, conditions and
provisions, as are applicable to the property which is the subject matter of this Tentative Map,
of: 1) the EastLake III General Development Plan (GDP) Amendment; 2) EastLake III Sectional
Planning Area (SPA) Plan Amendment; 3) EastLake III Planned Community District
Regulations Amendment; 4) EastLake III Design Guidelines Amendment; and 5) EastLake III
Public Facilities Financing Plan Amendment all approved by the City Council on June 20, 2006
by Resolution No. . 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 complying 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. In the event of a filing of a Final Map, which requires oversizing of the improvements necessary
to serve other properties, said Final Map shall be required to include the installation of all
necessary improvements to serve the project, plus the necessary improvements for oversizing of
facilities required to serve such other properties. At the request of Developer, City shall
consider formation of a reimbursement district or any other reimbursement mechanism in
accordance with the restrictions of State Law and City ordinances. (Engineering)
4. 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 Engineer, Director of Planning and Building and Director
of General Services. The permits can be approved or denied in accordance with the City's
Municipal Code, regulations and policies. Said permits do not constitute a guarantee that
subsequent submittals (i.e., Final Map and improvement plans) will be approved. All work
performed by the Developer prior to approval of the applicable Final Map shall be at
Developer's own risk. Prior to issuance of grading and/or construction permit, the Developer
shall acknowledge in writing that subsequent submittals (i.e., Final Map, improvement plans)
may require extensive changes, at Developers cost, to work done under such early permit. Prior
to the issuance of a permit, the Developer shall post a bond or other security acceptable to the
City Engineer in an amount determined by the City Engineer to guarantee the rehabilitation of
the land ifthe applicable Final Map does not record. (Engineering)
5. If any ofthe terms, covenants or conditions contained herein shall fail to occur, or ifthey are, by
their terms, to be implemented and maintained over time, and if any of such conditions fail to be
so implemented and maintained according to their terms, the City shall have the right to revoke
or modify all approvals herein granted, including issuance of building permits; deny, or further
condition the subsequent approvals that are derived from the approvals herein granted; and
institute and prosecute litigation to compel their compliance with said conditions or seek
damages for their violation. The Developer shall be notified ten (10) days in advance prior to
any of the above actions being taken by the City and shall be given the opportunity to remedy
any deficiencies identified by the City within a reasonable and diligent time frame.
(Engineering, Planning & Building)
Resolution xxxxx
Page 7
6. Prior to approval of the Final Map, the Developer shall agree to defend, indemnify and hold
harmless the City and its agents, officers and employees, from any claim, action, or proceeding
against the City, or its agents, officers, or employees to attack, set aside, void or annul any
approval by the City of Chula Vista, including approval by its Planning Commission, City
Council, or any approval by its agents, officers, or employees arising from challenges to the
Final Subsequent Environmental Impact Report (FSEIR 05-02) for the EastLake III Seniors
Project, and any or all entitlements and approvals issued by the City in connection with the
Project. (Engineering, Environmental, Planning & Building)
7. 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)
8. Prior to issuance of any building permits the Developer shall agree to meet all the applicable
conditions of approval of the tentative map, as determined by the City Engineer and Director
of Planning and Building. (Planning & Building, Engineering)
ENVIRONMENTAL/PRESERV ATION
9. Prior to approval of the Final Map, the Developer shall enter into a Supplemental Subdivision
Improvement Agreement (SSIA) to implement, to the satisfaction of the Director of Planning
and Building and the City Engineer, all applicable mitigation measures identified in the Final
Subsequent Environmental Impact Report for the EastLake III Senior Housing Project (FSEIR
05-02) and the associated CEQA Findings of Fact and the Mitigation Monitoring and Reporting
Program (MMRP), in accordance with the requirements, provisions and schedules contained
therein, and as further specified in these Tentative Map conditions. Modification ofthe sequence
of mitigation shall be at the discretion of the Director of Planning and Building should changes
in circumstances warrant such a revision. (Engineering, Planning & Building, Environmental)
10. The Developer shall implement, or cause the implementation of all mitigation measures
pertaining to the Project identified in the Final Subsequent Environmental Impact Report for the
EastLake III Senior Housing Project (FSEIR 05-02) 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 and
Building. Mitigation Measures shall be monitored via the Mitigation Monitoring and Reporting
Program approved in conjunction with FSEIR-05-02. Modification of the sequence of
mitigation shall be at the discretion of the Director of Planning and Building should changes in
the circumstances warrant such revision. (Environmental, Planning & Building).
11. Prior to issuance of any land development permits, including clearing and grubbing and grading
permits, the Developer shall install temporary orange fencing around areas of native vegetation
to remain undisturbed. Fencing shall be shown on all grading plans and shall remain in place
during all construction activities. In addition, the Developer shall retain a City-approved
biologist to monitor the installation and on-going maintenance of this temporary fencing.
Evidence demonstrating this condition has been met shall be submitted to the City's
Environmental Review Coordinator for approval. (Environmental, Planning & Building).
Resolution xxxxx
Page 8
12. The Developer shall comply with all applicable requirements of the California Department of
Fish & Game, the U.S. Department of Fish & Wildlife and the U.S. Army Corp of Engineers.
(Environmental, Planning & Building)
SUBDIVISION DESIGN
13. The Developer shall install all street trees within the public right-of-way, and within the
landscape easement as applicable, in accordance with Chapter 12.32 of the Chula Vista
Municipal Code, the City's Landscape Manual and approved cross-sections in the EastLake III
SPA plan; or as otherwise approved by the Director of General Services and Director of Public
Works. Location of trees and planters shall be contingent upon the location of street signs.
Under no circumstance shall a tree or shrub block the visibility of any street sign, regulatory,
warning or guide traffic signs. (Public Works, General Services)
14. Prior to the issuance of each rough grading permit proposing to grade individual lots and streets
for the Project, the Developer shall submit a study showing that all curb returns for any
intersection in excess of 4% grade, located within the permit boundaries, and all driveways,
comply with ADA standards at the front and back of sidewalks to the satisfaction of the City
Engineer. (Engineering)
STREETS, RIGHTS-OF-WAY AND PUBLIC IMPROVEMENTS
15. The Developer shall provide security in accordance with chapter 18.16 of the Municipal Code.
Dedicate, and construct full street improvements for all public streets shown on the Tentative
Map within the subdivision boundary or off-site, as deemed necessary by the City Engineer to
provide service to the subject subdivision, in accordance with Chula Vista Design Standards,
Chula Vista Streets Standards, Chula Vista Subdivision Manual, and approved Tentative Map,
unless otherwise approved by the City Engineer. Said street improvements shall include, but
not be limited to, asphalt concrete pavement, base, curb, gutter and sidewalk, sewer, drainage
facilities, street lights, traffic signals, signs, stripping, fire hydrants and transitions to existing
improvements in the manner required by the City Engineer.
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
City Engineer. If improvement plans are being processed, the security for the improvement
shall be 150% of approved cost estimate. Or, if the City has not processed improvement
plans, the security for the improvement shall be 200% of construction cost estimate approved
by the City Engineer. A lesser percentage may be required if it is demonstrated, to the
satisfaction of the City Engineer, that sufficient data or other information is available to
warrant such reduction. (Engineering)
16. The Developer shall design all street vertical and horizontal curves and intersection sight
distances to conform to the CalTrans' Highway Design Manual. 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. Sight visibility easements shall be granted as
necessary to comply with the requirements in the CalTrans Highway Design Manual and City of
Resolution xxxxx
Page 9
Chula Vista Policies. When a conflict between the CalTrans Highway Design Manual and
adopted City policies exists, the adopted City Policies shall prevail. Lighted sag vertical curves
will be permitted at intersections per American Association of State Highway and
Transportation Officials (AASHTO) standards and with approval of the City Engineer.
(Engineering)
17. The Developer shall construct sidewalks and pedestrian ramps on all walkways to comply with
the "Americans with Disabilities Act" (ADA) standards, as approved by the City Engineer. In
the event the Federal Government adopts new ADA standards for street rights-of-way, which
are in conflict with the standards and approvals for the Project, all such approvals conflicting
with those new standards shall be updated to reflect the new standards. Unless otherwise
required by federal law, City ADA standards may be considered vested, as determined by
federal regulations, once construction has commenced. (Engineering)
18. Prior to approval of the Final Map, the Developer shall acquire and then grant to the City all off-
site rights-of-way and easements necessary for the installation of required street improvements
and/or utilities. (Engineering)
19. The Developer shall notify the City, at least 60 days prior to consideration of the approval ofthe
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 ofthe Tentative Map.
b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. Said
estimate is subject to the approval of the City Engineer.
c. Have all right-of-way and/or easement documents and plats prepared and appraisals
complete, as necessary to commence condemnation proceeding, and as determined by the
City Engineer.
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 Final Map.
(Engineering)
20. Prior to approval of the Final Map, the Developer shall enter into a Supplemental
Subdivision Improvement Agreement (SSIA) to:
a. Design, construct, and secure a fully actuated traffic signal including interconnect wiring,
mast arms, signal heads and associated equipment, underground improvements, standards
Resolution xxxxx
Page 10
and luminaries at the Olympic ParkwaylProject Driveway intersection. The design of the
traffic signal shall be to the satisfaction of the City Engineer and conform to City
standards. The intersection geometry shall be the following:
Westbound:
Northbound:
Eastbound:
One left-turn lane (with 100 feet of storage) and two through lanes;
One left-turn lane and one right-turn lane (with a storage length of 75 feet
in each lane)
One shared through/right-turn lane and one through lane
A traffic signal shall be installed at the project driveway and two outbound (northbound)
lanes, one left-turn and one right-turn inbound (southbound) lanes shall be provided.
b. Relocate the median opening on Olympic Parkway further west from its current location
to accommodate the proposed project driveway. In addition, the applicant shall provide
the pertinent landscape improvements to the satisfaction of the Director of Planning &
Building, and the Director of General Services.
c. Provide pedestrian ramps to the satisfaction of the City Engineer.
d. Install a "No U Turn" sign for eastbound traffic on Olympic Parkway at the Olympic
Parkway/Wueste Road intersection.
The Developer shall fully design the aforementioned improvements in conjunction with the
improvement plans for the related project. (Engineering, Planning & Building)
21. The Developer shall design landscape and irrigation plans such that street tree placement is
not in conflict with the sight visibility of any traffic signage. The Developer shall be
responsible for the removal of any obstructions within the sight visibility of said traffic signs
to the satisfaction of the City Engineer and the Director of General Services. (Engineering,
Planning & Building)
22. Any grading plans depicting a temporary construction access road shall show the following
information and be subject to the following requirements:
a. Provide a detail alignment, profile and cross-section of the temporary construction access
road. In addition, show the limits of grading for the temporary construction access road
on grading plans.
b. Provide limits of grading to address slope stabilization.
c. Prior to recordation of the Final Map, the Developer shall enter into an agreement with
the City concurring to remove the temporary construction access road and restore the
slope to current conditions. The temporary construction access road shall be revegetated
with native vegetation in accordance with the Mitigation Monitoring and Reporting
Program (MMRP) immediately upon closure of the temporary access road.
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Page 11
d. The Developer shall provide hydraulic and hydrology reports which shall address any
issues related to the construction of the temporary road.
e. The Developer shall provide a letter of permission to grade from current property owner.
f. The Developer shall provide traffic control plans that shall include, but not be limited to:
· Ingress/Egress to site (possible use of flag men pursuant to CalTrans traffic control
standards. )
· Exhibit that shows 500- ft to the north and to the south of the proposed access to
Wueste Road
g. Provide information of proposed erosion control during construction and operation of the
temporary construction access road.
23. Any grading plans depicting a pedestrian trail connection to the OTC shall show the
following information and be subject to the following requirements:
a. Provide a detail alignment, profile and cross-section of the trail. In addition, show the
limits of grading for the trail on grading plans.
b. Provide limits of grading to address slope stabilization.
c. The Developer shall provide hydraulic and hydrology reports should which shall address
any issues related to the construction of the trail.
d. The Developer shall provide a letter of permission to grade from the current property
owner.
e. The Developer shall provide information of proposed erosion control during construction
and operation of the trail.
24. Prior to issuance of any grading permit proposing the creation of down slopes adjacent to public
or private streets, the Developer shall accomplish the following:
a. Obtain the City Engineer's approval of a roadside study to determine the necessity of
providing guardrail improvements at those locations.
b. Construct and secure any required guardrail improvements in conjunction with the
associated grading and/or construction permit, as determined by the City Engineer.
Guardrail shall be installed per CalTrans Traffic Manual and Roadside Design Guide
requirements or American Association of State Highway and Transportation Officials
(AASHTO) standards to the satisfaction ofthe City Engineer. (Engineering)
Resolution xxxxx
Page 12
25. Prior to approval ofthe Final Map, Developer shall agree to install permanent street name signs
prior to the issuance ofthe first building permit for the applicable Final Map. (Engineering)
26. Maintenance responsibility of street trees within the Project shall be privately maintained by the
EastLake Senior HOA. (Planning & Building)
GRADING AND DRAINAGE
27. Prior to approval of grading plans, the Developer shall submit hydrology and hydraulic studies,
and calculations demonstrating the adequacy of downstream drainage structures, pipes and
inlets. Said studies and calculations shall be to the satisfaction of the City Engineer.
(Engineering)
28. Prior to approval of grading plans, the Developer shall demonstrate the adequacy of existing
drainage runoff detention facilities or include, in the grading plans, the construction of
additional detention facilities, to ensure that the maximum allowable discharges after
development do not exceed pre-development discharges, all to the satisfaction of the City
Engineer. The Developer shall provide for the future maintenance of the detention basin
facilities through the establishment of a Master Home Owners Association, or other funding
mechanism as approved by the City. (Engineering)
29. The Developer shall submit to and obtain approval from the City Engineer and Director of
General Services of an erosion and sedimentation control plan as part of grading plans.
(Engineering Arks & General Services)
30. The Developer shall locate lot lines on the Final Map and grading plans at the top of slopes
except as shown on the Tentative Map or as approved by the City Engineer and Director of
Planning & Building. Lots shall be so graded as to drain to the street or an approved drainage
system. Drainage shall not be permitted to flow over slopes or onto adjacent property.
(Engineering, Planning & Building)
31. The Developer shall design and construct all grading and pad elevations to be within 2 feet of
the grades and elevations shown on the approved Tentative Map or as otherwise approved by
the City Engineer and Director of Planning & Building. (Engineering, Planning & Building)
32.The Developer shall obtain and submit to the City Engineer notarized letters of permission for all
off-site grading work prior to issuance of grading permit for work requiring said off-site
grading. (Engineering)
33. The Developer shall connect all private storm drains from the project into the public storm drain
system at a structure such as a cleanout or catch basin.
34. Prior to approval of the Final Map, the Developer shall submit to the City Engineer a list of
proposed lots indicating whether the building structure will be located on fill, cut, or a transition
between the two situations. (Engineering)
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Page 13
35.The Developer shall design and construct all public storm drains as close to perpendicular to the
slope contours as possible, but in no case greater than 15 degrees from perpendicular to the
contours. (Engineering)
36. The Developer shall provide a minimum of three (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 by the City Engineer. (Engineering)
37. The Developer shall provide a setback, as determined by the City Engineer based on Soil
Engineer recommendations, between the property lines ofthe 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 City Engineer shall not approve the creation of any lot that does
not meet the required setback. (Engineering)
38. The Developer shall design and construct the inclination of each cut or fill surface, resulting in a
slope, to not be steeper than 2: 1 (two horizontal to one vertical), except for minor slopes as
herein defined. All constructed minor slopes shall be designed for proper stability considering
both geological and soil properties. A minor slope may be constructed no steeper than one and
one-half horizontal to one vertical (1.5:1) contingent upon:
a. Submittal and approval of reports by both a soils engineer and a certified engineering
geologist containing the results of surface and sub-surface exploration, and analysis. The
soils engineer and engineering geologist shall certify that in their professional opinion, the
underlying bedrock and soil supporting the slope have strength characteristics sufficient to
provide a stable slope and will not pose a danger to persons or property.
b. The installation of an approved slope planting program and irrigation system to the
satisfaction ofthe Director of Planning & Building.
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)
39. Prior to issuance of grading permits or any other grant of approval for any landform
modification, the Developer shall delineate areas of native vegetation to remain undisturbed
based on adopted grading plans. (Planning & Building)
40. The Developer shall 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 City Engineer. (Engineering)
41. Prior to issuance of a grading permit for any area of the project (including off-site areas)
draining toward the Lower Otay Reservoir, Developer shall accomplish the following:
Resolution xxxxx
Page 14
a. Obtain the approval of the City of Chula Vista and all other applicable agencies for any
proposed structural drainage runoff detention and/or diversion facilities within the Lower
Otay Reservoir Watershed.
b. Obtain the approval of the City of Chula Vista and all other applicable agencies of all
operational and maintenance agreements associated with any proposed structural
drainage runoff detention and/or diversion facilities within the Lower Otay Reservoir
Watershed. (Engineering)
42. In order to avoid indirect impacts on the Lower Otay Reservoir the Developer and their
successors and assigns agree that fertilizers, herbicides and pesticides shall not be applied to any
proposed manufactured slopes that drain to Lower Otay Reservoir. Potable water shall be used
for irrigation of any landscaping on the proposed manufactured slopes that drain to Lower Otay
Reservoir. In addition, the storm conveyance systems shall include the use of the City of San
Diego's Source Water Protection Guidelines for New Development [2004] and incorporate best
site design and source controls to protect drinking water. (Planning & Building, Environmental,
Engineering)
43. Prior to the issuance of a grading permit for the project, the Developer shall demonstrate to the
satisfaction of the City Engineer, that proposed storm drain discharge does not exceed pre-
development discharge. (Engineering)
44. Prior to issuance of a grading permit, the Developer shall demonstrate that the grading plans are
in substantial compliance with the grading outlined in the Tentative Map. (Engineering,
Planning & Building)
45. 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 City Engineer. (Engineering,
Public Works)
Resolution xxxxx
Page 15
46. Prior to the approval of the final map, or issuance of the first grading permit for the Project,
whichever occurs earlier, the Developer shall enter into an agreement with the City of Chula
Vista, wherein the Developer agrees to the following:
a. Comply with the requirements of the Municipal Storm Water Permit (Order No. 2001-01)
or as amended from time to time, issued by the San Diego Regional Water Quality
Control Board, including revision of plans as necessary.
b. Defend, indemnify and hold harmless the City and its agents, officers and employees,
from any claim, action, proceeding, fines, costs, and expenses against the City, or its
agents, officers, or employees 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.
c. That the City Engineer may require incorporation of Standard Urban Water Mitigation
Plan (SUSMP) requirements during the implementation period preceding the adoption of
the local SUSMP by the City for all priority projects or phases of priority projects
undergoing approval process, in accordance with Order No. 2001-01, NPDES No.
CASOI08758 Municipal Permit, as determined by the City Engineer.
d. To not protest the formation of a facilities benefit district or any other funding
mechanism approved by the City to finance the operation, maintenance, inspection, and
monitoring of NPDES facilities. This agreement to not protest shall not be deemed a
waiver of the right to challenge the amount of any assessment, which may be imposed
due to the addition of these improvements and shall not interfere with the right of any
person to vote in a secret ballot election.
The above noted agreement shall run with the land contained within the Project.
(Engineering, Public Works)
SEWER
47. The Developer shall design all sewer access points (manholes) to be located at centerline of
street, cul-de-sac center, or at the center of a travel lane, unless otherwise approved by the City
Engineer. (Engineering)
48. The Developer shall provide improved all-weather paved access to all public sewer manholes to
withstand H-20 wheel load or other loading as approved by the City Engineer. (Engineering)
49. Sewer access points (manholes) shall not be located on slopes or in inaccessible areas for
maintenance equipment. (Engineering)
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Page 16
50. The Developer shall provide sewer manholes at all changes of alignment of grade, unless
otherwise approved by the City Engineer. Sewers serving 10 or less equivalent dwelling units
shall have a minimum grade of 1 %. (Engineering)
51. All PCC paved sewer and/or drainage maintenance access roads shall be 6 inches in thickness
and contain #4 reinforcement bars at 18 inches on center each way to prevent differential
displacement between concrete panels. (Engineering)
52. Sewer main pipes shall not run parallel and under slopes greater than 5: 1 unless otherwise
approved by City Engineer. (Engineering)
53. Sewer lines, which are greater than 20 feet in depth, shall use C-900 or C-905 class pipe, as
approved by the City Engineer. (Engineering)
54. Developer shall process the conversion to a public facility of the 8 inch PVC private sewer
main, located within the 20-foot sewer easement, in Lot "A" of Parcel Map No. 19091. The
conversion to a public facility of the sewer main shall include, but not be limited to the
following:
a. The access road above the sewer line shall be concrete paved and shall comply with City
Standards.
b. Sewer manhole covers will need to be per RSD M4 Locking Device.
WATER
55. Prior to approval of the Final Map, the Developer shall present verification to the City Engineer
in the form of a letter from Otay Water District indicating that the assessmentslbonded
indebtedness for all parcels dedicated or granted in fee to the City have been paid, or that no
assessmentslbonded indebtedness exist on the parcel(s). (Engineering)
56. Prior to approval of the Final Map, the Developer shall present verification to the City Engineer
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)
AGREEMENTS/FINANCIAL
57. Prior to approval of the Final Map, the Developer shall enter into a Supplemental Subdivision
Improvement Agreement with the City where the Developer agrees to the following:
a. That the City may withhold building permits for the subject subdivision if anyone of the
following occurs:
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Page 17
1. Regional development threshold limits set by the East Chula Vista Transportation
Phasing Plan, as amended from time to time, 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.
111. 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 and Building and the Public Works
Director. (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 Tentative Map area. Developer further agrees to grant, by license or easement, and for
the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable
television conduit within the properties situated within the final map only to those cable
television companies franchised by the City of Chula Vista, the condition of such grant
being that: (a) such access is coordinated with Developer's construction schedule so that it
does not delay or impede Developer's construction schedule and does not require the
trenches to be reopened to accommodate that placement of such conduits; and (b) any such
cable company is and remains in compliance with, and promises to remain in compliance
with the terms and conditions of the franchise and with all other rules, regulations,
ordinances and procedures regulating and affecting the operation of cable television
companies as same may have been, or may from time to time be, issued by the City of Chula
Vista. Developer hereby conveys to the City of Chula Vista the authority to enforce said
covenant by such remedies as the City determines appropriate, including revocation of said
grant upon determination by the City of Chula Vista that they have violated the conditions
of grant. (Engineering, Planning & Building)
d. That the City may withhold the issuance of building permits for the Project, should the
Developer be determined by the City to be in breach of any of the terms of the Tentative
Resolution xxxxx
Page 18
Map Conditions or any SSIA. 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 improvements and shall not interfere with the
right of any person to vote in a secret ballot election. (Engineering)
58. Prior to approval of the Final Map, the Developer shall provide a deposit in the amount of
$20,000.00 payable to the City of Chula Vista for Capital Improvement Project "Transit
Facilities Citywide" STL-312- Acct # 40300-7999/2415312403400000 for future transit
improvements to the satisfaction of the City of Chula Vista Transit Coordinator. (Engineering,
Planning & Building)
59. Prior to approval of the Final Map, the Developer shall comply with all previous agreements as
they pertain to this tentative map. (Engineering, Planning & Building)
60. Prior to approval of the Final Map, the Developer shall contract with the City's current street
sweeping franchisee, or other server approved by the Director of Public Works to provide public
street sweeping for each phase of development on a frequency and level of service comparable
to that provided for similar areas of the City. The Developer shall cause street sweeping to
commence immediately after the final residence, in each phase, is occupied and shall continue
sweeping until such time that the City has accepted the street, or 60 days after the completion of
all punch list items, whichever occurs first. The Developer further agrees to provide the City
Special Operations Manager with a copy of the memorandum requesting street sweeping
service. Such memorandum shall include a map of areas to be swept and the date the sweeping
will begin. (Public Works)
61. Prior to approval of the Final Map for the project, the Developer shall enter in an agreement
with the City to provide affordable housing units as specified in the EastLake Comprehensive
Affordable Housing Program, or as amended from time to time. (Community Development)
62. Prior to approval of the Final Map, the Developer shall provide evidence, satisfactory to the
Director of Planning & Building that all school fees have been paid, if required, and all
development conditions for the Sweetwater High School and Chula Vista Elementary School
Districts are satisfied. (Planning & Building)
Resolution xxxxx
Page 19
63. The Developer shall implement the fin(!l Air Quality Improvement Plan (AQIP) measures as
approved by the City Council, and as may be amended from time to time, and shall comply and
remain in compliance with the AQIP.
64. The Developer acknowledges that the City Council may, from time-to-time, modify air quality
improvement and energy conservation measures as technologies and/or programs change or
become available. The Developer shall modify the AQIP to incorporate those new measures
upon request of the City, which are in effect at the time, prior to or concurrent with each Final
Map approval within the Project. The new measures shall apply to development within all
future map areas, but shall not be retroactive to those areas, which receive Final map approval
prior to effect of the subject new measures. The Developer acknowledges and agrees that the
City has adopted the City of Chula Vista Air Quality Improvement Plan Guidelines (AQIP
Guidelines) as approved per Resolution No. 2003-260 and that such guidelines as approved and
as may be amended from time-to-time shall be implemented.
65. The Developer shall implement the final Water Conservation Plan (WCP) measures as approved
by the City Council, and as may be amended from time to time, and shall comply and remain in
compliance with the WCP. (Planning & Building, Environmental)
66. The Developer acknowledges that the City Council may, from time-to-time, modify water
conservation measures as technologies and/or programs change or become available. The
Developer shall modify the WCP to incorporate those new measures upon request of the City,
which are in effect at the time, prior to or concurrent with each Final Map approval within the
Project. The new measures shall apply to development within all future map areas, but shall not
be retroactive to those areas, which receive Final Map approval prior to effect ofthe subject new
measures. The Developer acknowledges and agrees that the City has adopted the City of Chula
Vista Water Conservation Plan Guidelines (WCP Guidelines) as approved per Resolution No.
2003-234 and that such guidelines as approved and as may be amended from time-to-time shall
be implemented.
67. Prior to issuance of building permits, the Developer shall be required to submit a detailed
acoustical analysis to the Environmental Review Coordinator prepared by a qualified acoustical
consultant that demonstrates that building structures are adequately designed such that second-
floor interior noise levels, due to exterior sources, will be at or below the 45 CNEL interior
standard. Where exterior noise levels exceed 60 CNEL, additional measures shall be required to
attenuate interior noise to the 45 CNEL standard in compliance with the noise mitigation
measures required in FSEIR 05-02 and the associated MMRP. (Planning & Building,
Environmental)
PARKS, TRAILS AND LANDSCAPE
68. Prior to approval of the first Final Map for the Project, the Developer shall comply with the
provisions of the City of Chula Vista Parks and Recreation Master Plan as adopted, and
amended from time to time, and as it affects facility and other related requirements for the
Project's parks. (General Services)
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Page 20
69. Prior to approval of the first Final Map, the Developer shall pay to the City all applicable
parkland acquisition and development fees (PAD fees) in accordance with CVMC Chapter
17.10, Parkland Dedication Ordinance ("PDO"). Given the lack of available acreage that could
be acquired to serve the development, the acquisition component ofthe PAD Fee will be waived
and a payment of $2,666,260 will be made which can be utilized to fund construction of park
and public facilities serving the EastLake Community. Any excess funds that remain once these
facilities are complete can be utilized on other park or public facilities serving the Eastern
Territories of Chula Vista. The Developer shall pay the development component of the PAD
Fee as required by the Director of General Services Department. (General Services)
70. Regular maintenance of the Greenbelt and Community trails and open space shall be the
responsibility of the EastLake III HOA. Prior to approval of the Final Map, the Developer must
provide evidence that the aforementioned maintenance responsibility has been included in the
EastLake III HOA budget to the satisfaction ofthe City Engineer. (Engineering)
71. Prior to the issuance of grading permit, or as otherwise approved by the Director of General
Services, the Developer shall prepare, submit and obtain the approval of the Director of General
Services, City Engineer and Environmental Review Coordinator for a landscape and irrigation
slope erosion control plan. All plans shall be prepared in accordance with the current Chula
Vista Landscape Manual (as may be amended from time to time), Grading Ordinance and
Biology section of the SEIR 05-02. Developer shall install erosion control in accordance with
approved plans no later than six months from the date of issuance of grading permit. (General
Services, Engineering, Planning & Building Environmental).
72. Prior to the issuance of the first construction permit for the project, the Developer shall prepare,
submit and obtain the approval of the City Engineer and the Director of Parks & Recreation, for
open space, parkways, medians, trails and streets Landscape and Irrigation Improvement Plans.
All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and
the SPA, as amended from time to time. Developer shall install all improvements in accordance
with approved plans to the satisfaction of the Director of General Services, the Director of
Public Works, and the City Engineer. (General Services, Engineering)
73. Prior to the approval of any Final Map for the Project that contains open space, the Developer
shall enter into an agreement to secure and construct open space landscape improvements within
the Final Map area. All landscape improvements shall be bonded for in amounts as determined
by the Director of Parks & Recreation and approved as to form by the City Attorney. Developer
shall prepare, submit and obtain the approval for the Director landscape improvement plans
simultaneously with improvement plans for the applicable Final Map areas. (General Services,
Planning & Building)
74. The EastLake III Senior Housing Project's Homeowners Association ("HOA") CC&Rs shall
contain the requirement that, should the HOA seek to be released by the City from the
maintenance obligations for the project's open space and trails, the HOA shall first obtain
written consent from the City, which may be withheld at the City's sole discretion, and 100% of
the property owners within the HOA. (General Services, Planning & Building)
Resolution xxxxx
Page 21
75. Developer agrees to immediately relocate, at Developer's sole expense, the necessary above
and/or underground utilities to accommodate the required street trees within the street tree
planting easement and median, as determined necessary by the Director of General Services and
the City Engineer. (General Services, Engineering)
EASEMENTS
76. The Developer shall grant on the Final Map minimum 15-foot wide easements to the City of
Chula Vista as required by the City Engineer for construction and maintenance of public sewer
facilities, as applicable. (Engineering)
77. The Developer shall grant on the Final Map minimum 15-foot wide easements to the City of
Chula Vista as required by the City Engineer for construction and maintenance of public storm
drain facilities, as applicable. (Engineering)
78. The Developer shall grant to the City on the Final Map, a minimum of 10-foot wide easement (5
feet wide for general utilities and 5 feet wide for landscape purposes) adjacent to street right-of-
way within public open space lots, unless otherwise approved by the City Engineer.
(Engineering)
79. The Developer shall grant rant on the Final Map, a 20- foot minimum sewer and access easement
for sewer lines located between residential units, unless otherwise required by the City
Engineer. All other easements shall meet City standards for required width. (Engineering)
80. Prior to recordation of the Final Map the Developer shall process the granting to the City of
Chula Vista of the 20-foot sewer easement or a reduced width acceptable and approved by the
City Engineer, within Lot "A" of Parcel Map No. 19091. (Engineering)
81. Prior to recordation ofthe Final Map the Developer shall acquire an easement from the owner of
Parcel A of Parcel Map No. 19955, for those portions of the Fire Access Road encroaching into
the above referenced Parcel A. (Engineering)
MISCELLANEOUS
82. Prior to approval of the Final Map, the Developer shall submit copies of the Final Map in a
digital format. The drawing projection shall be in California State Plane Coordinate System
(NAD 83, Zone 6). The digital file of the final maps 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:
a. Subdivision Boundary (closed polygons)
b. Lot Lines (closed polygons)
c. Street Centerlines (polygons)
d. Easements (polylines)
e. Street names (annotation). (Engineering)
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Page 22
FIRE AND BRUSH MANAGEMENT
83. Prior to approval of the first grading permit or Final Map for the Project, the Developer shall
submit and receive approval by the Director of General Services and the City's Fire Marshall of
a Brush Management Program for the Project- showing three fire protection zones up to 90 feet
from all buildings or as determined appropriate by the Director of General Services and City's
Fire Marshall. (Fire, General Services)
84. Prior to issuance of the grading permit, provide the Initial Cycle of fire management/brush
clearance within lots adjacent to natural open space areas subject to approval by the Fire
Marshal and Director of General Services (Fire, General Services)
85. The Developer shall provide fire hydrants every 300 feet for multi-family residential units. All
hydrants shall be operable prior to delivery of combustible building materials, and minimum 20-
foot wide, all-weather fIre access roads shall also be provided or an acceptable alternative
approved by the Fire Marshall and in compliance with the C.F.C. (Fire)
86. Prior to issuance ofthe first building permit for model units, provide a 20-foot wide hard surface
and required fire hydrant with required water pressure to the satisfaction of the Fire Marshall.
All production units shall require permanent access and water supply. The Applicant shall
sign/date and reproduce the construction access/water supply agreement on all grading and
architectural plans. (Fire)
CODE REQUIREMENTS
87. The Developer shall comply with all applicable sections of the Chula Vista Municipal Code
including Chapter 15.04 "Grading Ordinance" as amended. Preparation of the Final Map and all
plans shall be in accordance with the provisions of the Subdivision Map Act and the City of
Chula Vista Subdivision Ordinance and Subdivision Manual. (Engineering)
88. The Developer shall underground all utilities within the subdivision in accordance with
Municipal Code requirements to the satisfaction of the City Engineer. (Engineering)
89. The Developer shall comply with all relevant Federal, State, and Local regulations, including
the Clean Water Act. The Developer shall be responsible for providing all required testing and
documentation to demonstrate said compliance as required by the City Engineer. (Engineering)
90. The Developer shall comply with Council Policy No. 522-02 regarding maintenance of natural
channels within open spaces. (Engineering)
91. The Developer shall pay the following fees in accordance with the City Code and Council
Policy:
a. The Transportation and Public Facilities Development Impact Fees
b. Signal Participation Fees
c. All applicable sewer fees, including but not limited to sewer connection fees
Resolution xxxxx
Page 23
d. Salt Creek Sewer DIF.
The Developer shall pay the amount of said fees in effect at the time of issuance of building
permits. (Engineering, Planning & Building)
GROWTH MANAGEMENT/PUBLIC FACILITIES FINANCING PLAN (PFFP)/
PHASING
92. 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)
93. Developer shall develop the Project in accordance with the approved SPA and PFFP phasing
plan. (Engineering, Planning & Building)
HOMEOWNERS ASSOCIATIONS (HOA)/DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS CC&Rs)
94. The Declaration of Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted and
approved by the City Engineer, City Attorney, Director of Planning & Building, Director of
General Services and Director of Public Works. The CC&Rs shall include but not be limited to
the following obligations:
a. A requirement that the EastLake III Senior Housing Project HOA shall maintain
comprehensive general liability insurance against liability incident to ownership or use of
the EastLake III Senior Housing Project Homeowners property.
b. Before any revisions to provisions of the CC&Rs that may particularly affect the City can
become effective, said revisions shall be approved by the City. The EastLake III Senior
Housing Project HOA shall not seek approval from the City of any revisions of conditions
relating to the CC&Rs pursuant to the conditions of approval without the prior consent of
100% of the holders of fIrst mortgages or property owners within the EastLake III Senior
Housing Project HOA.
c. The EastLake III Senior Housing Project HOA shall 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 related to or arising from the
maintenance activities ofthe MHOA.
d. The EastLake III Senior Housing Project HOA shall not seek to be released by the City from
the maintenance obligations described herein without the prior consent of the City, which
may be withheld in the City's sole discretion, and 100% of the holders of first mortgages or
property owners within the MHOA.
Resolution xxxxx
Page 24
e. The EastLake III Senior Housing Project 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.
f. The CC&Rs shall include provisions assuring EastLake III Senior Housing Project HOA
membership an advance notice such as the USA Dig Alert Service in perpetuity.
g. The CC&Rs shall include provisions that provide the City the right, but not the obligation,
to enforce the CC&R provisions in the same manner as any owner in the Project.
h. The CC&R provisions may not be revised at any time without prior written permission of
the City.
1. The EastLake III Senior Housing Project HOA shall not seek to dedicate or convey for
public streets, land used for private streets without approval of 100% of all the HOA
members or holders of first mortgages within the HOA.
J. In order to avoid indirect impacts to Lower Otay Reservoir, the Developer and their
successors and assigns agree that fertilizers, herbicides and pesticides shall not be applied
to any manufactured slopes that drain to Lower Otay Reservoir. Potable water shall be
used for irrigation on the manufactured slopes that drain to Lower Otay Reservoir. In
addition, the storm conveyance systems shall include the use of the City of San Diego's
Source Water Protection Guidelines for New Development (2004) and incorporate best
site design and source controls to protect drinking water.
95. Future property owners shall be notified during escrow by a document to be initialized by the
owners of the maintenance responsibility of the EastLake III Senior Housing Project HOA
and their estimated annual cost. The Developer shall submit the document and obtain the
approval of the City Engineer and Director of Planning and Building prior to approval of the
Final Map for the Project. (Engineering, Planning & Building)
VIII. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny, or further condition issuance of all future building permits,
deny, revoke, or further condition all certificates of occupancy issued under the authority of
approvals herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Resolution.
IX. 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
Resolution xxxxx
Page 25
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 III Senior Housing Project, Chula Vista Tract 06-11 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:
Ann Moore
City Attorney
Jim Sandoval
Director of Planning & Building
Resolution xxxxx
Page 26
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 20th day of June, 2006 by the following vote:
AYES:
Council members:
NAYS:
Council members:
ABSENT:
Council members:
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 20th day of June, 2006.
Executed this 20th day of June, 2006.
Susan Bigelow, City Clerk
J:\Planning\StanD\Eastlake\Peninsula Adult Retirement\PCS 05-07\CC Reso June 20, 06.doc
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P I ann
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& Building
Planning Division
Department
Development Processing
CIlY OF
CHUIA VISTA
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information
must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
Pulte Home Corporation
The Eastlake Company. LLC
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with
a $2000 investment in the business (corporation/partnership) entity.
Numerous - Available upon request
3. If any person* identified pursuant to (1) above is a non-profit organization or 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. Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter.
Brian Stup
Bill Ostrem
P~111 K~np
5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes_ NO---1L-
If Yes, briefly describe the nature of the financial interest the official** may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No _ Yes _ If yes, which Council member?
276 Fourth Avenue
Chula Vista
California
91910
(619) 691-5101
Attachment 4
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P I ann
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& Building
Planning Division
Department
Development Processing
CIlY OF
CHULA VISTA
APPLICATION APPENDIX B
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City of Chula Vista in the
past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes No ~
If Yes, which official** and what was the nature of item provided?
Date: 2/1/06
'tL-
Signature of Contra tor/Applicant
Brian Stup, S nior Project Manager
Pulte Home Corporation Print or
type name of Contractor/Applicant
*
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit.
**
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commission, or committee of the City, employee, or staff members.
276 Fourth Avenue
Chula Vista
California
91910
(619) 691-5101