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HomeMy WebLinkAboutReso 1987-13173 Revised 8/4/87 RESOLUTION NO. 13173 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENTATIVE SUBDIVISION MAP FOR OTAY RIO BUSINESS PARK, CHULA VISTA TRACT 87-6 The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Chillingworth Corporation has submitted a tentative subdivision map known as Otay Rio Business Park, Chula Vista Tract 87-6, in order to subdivide a 211.3 parcel into 78 lots for limited industrial uses, 49 lots for residential uses, one lot for commercial uses serving the industrial park, and 2 lots totaling 72.33 acres, as open space, and WHEREAS, the Planning Commission, at their meeting of June 24, 1987, voted to recommend approval of the tentative subdivision subject to conditions. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista, pursuant to Section 66473.5 of the Subdivision Map Act, does hereby find the tentative subdivision map for Otay Rio Business Park, Chula Vista Tract 87-6, to be in conformance with the various elements of the City's General Plan based on the following: 1. The site is physically suitable for the industrial development and the proposal conforms to all standards established by the City for such projects. 2. The design of the subdivision will not affect the existing improvements -- streets, sewers, etc. '- which have been designed to avoid any serious problems. 3. The project is in substantial conformance with the Chula Vista General Plan Elements as follows: a. Land Use - The industrial development is in conformance with the Industrial Development Principles outlined in the Land Use Element of the General Plan. -1- b. Circulation By phasing the project to time development with the provision of an adequate road system to accommodate traffic, the project complies with the Circulation Element of the General Plan. c. Housing As conditioned the tentative map will not impose housing to the area prior to the provision of schools, parks, fire protection and roads to service those residences. d. Conservation - Preservation of biologically sensitive areas within the project site conforms to the Conservation Element of the General Plan. e. Park and Recreation, Open Space - The proposed project provides 66 acres of open space and a 2.11 acre private park in concert with these elements of the General Plan. f. Seismic Safety - The proposed project contains no known faults and thereby conforms to the Seismic Safety Element. g. Safety - The proposed project, in requiring additional fire safety measures to buildings to mitigate the effects of long fire response times, conforms to the Seismic Safety Element. h. Noise Incorporation of a 6-foot wall or berm along the eastern property boundary serves to shield noise impacts in concert with the Noise Element of the General Plan. i. Scenic Highway - The project site is not located in proximity to a designated Scenic Highway. j. Bicycle Routes - The project site is not located adjacent to a designated bicycle route. k. Public Buildings - No public buildings are proposed for the project site. 4. Pursuant to Section 66412.2 of the Subdivision Map ACt, the Commission certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. BE IT FURTHER RESOLVED that said subdivision is hereby approved subject to the following conditions of approval: -2- 1. The developer shall be responsible for the construction of full public improvements for all streets shown on the Tentative Map within the Subdivision. Said improvements shall include but not be limited to: A.C. pavement, base, curb, gutter, sidewalk, sewer and water facilities, drainage facilities, street trees, street lights and signs. All improvements required for each unit shall be guaranteed prior to approval of any Final Subdivision maps for said unit. 2. In the event that residential unit 3 precedes development of the land adjacent to the southerly boundary of this project the developer shall guarantee adequate legal access to said unit prior to approval of Final Map. Access shall consist of access easements or street dedication sufficient to provide a paved roadway having a minimum width of 24 feet for 2 traffic lanes plus 5 foot paved shoulders for emergency parking. Said roadway shall be incorporated in the Subdivision Improvement Agreement for Unit 3 and shall include AC berms or redwood headers along both edges of pavement and adequate street lights to conform with lighting standards for urban areas. It should be noted that said location is within the City of San Diego and approval of the plans for this off-site street by that agency will be required. 3. The developer shall be responsible for the payment of all direct and incidental costs for the provision and maintenance of sewage metering stations at all proposed connections to the San Diego Metropolitan Sewer System. 4. The developer shall grant easements for all off-site public storm drains prior to the approval of any of the Final Maps for units requiring said off-site systems. 5. Paved access shall be provided to all sewer manholes and to all public storm drain structures located within developable lots. Graded access shall be provided to all public storm drain structures. 6. The Engineering Geology and Soils Report to be submitted with the Improvement and Grading Plans shall contain specific recommendations regarding the following areas of concern: -3- a) Slope stability of natural cut and fill slopes located in the southern part of the subdivision, specifically in residential areas of Units 2 and b) Earth fill located at top of cut slope of lots 79 and 80. c) Existing dump fill near northeast corner of subdivision. d) Stability of cut slope in dam fill, material located at the toe of fill slope to the south of lot 84. 7. The developer shall obtain notarized letters of permission for all off-site grading work prior to issuance of grading permit for work requiring said off-site grading. 8. The developer shall provide access to the 27-inch sewer main as required by the City of San Diego. Access shall include, but not be limited to access easements and improved access roads. 9. The developer shall obtain permission from the City of San Diego for grading work within the San Diego sewer easement prior to approval of plans. 10. The developer shall submit a preliminary engineering study for the Otay Valley Road alignment to eliminate two substandard curves in the roadway, one adjacent to the easterly subdivision boundary, and one southerly of the subdivision. The study shall include horizontal and vertical alignments conforming to current County standards for a prime arterial and shall indicate the extent of grading which would be required to construct such a road. The property owners shall make an irrevocable offer of dedication for right-of-way within the subdivision boundary identified as necessary for installation of said roadway and shall grant slope easements as necessary. 11. Access rights to Otay Valley Road shall be relinquished from all lots abutting on Otay Valley Road. 12. The developer shall be responsible for the construction of the western portion of Otay Valley Road along the entire frontage of the boundary to current Chula Vista prime arterial standards. -4- 13. The property owners shall waive the right to protest formation of a Street Improvement District for Otay Valley Road, and shall waive the right to protest formation of a Facilities Benefit Assessment District for facilities impacted by development of the subject property. 14. The developer shall enter into a development agreement with City pursuant to California Government Code ~M 65864-65869.5, to include among other things, that the developer shall not protest the formation by the City of Chula Vista of a valid Facilities Benefit Assessment District for Chula Vista public improvements. 15. (a) The developer shall enter into a development agreement restricting the issuance of building permits when the traffic volume of Otay Valley Riad, immediately east of Nirvana Avenue, reaches 7100 ADTS as determined by the City Engineer. The development agreement shall provide developer with the option, but not the obligation, of widening Otay Valley Road, corssing over the Otay River and westerly to Nirvana Avenue. Upon securing and commencing construction of the improvements widening Otay Valley Road, developer may obtain further building permits. A permit may be required by the Army Corps of Engineers for said work. (b) City shall also use its best efforts, if requested, to include the improvements described in Condition 15(a) above in the Facilities Benefit Assessment District described in Condition 14 above. City shall also use its best efforts, if requested by developer, to enter into a reimbursement agreement and to establish a reimbursement district, to include all benefiting properties, for the improvements described in Condition 15(a) above. 16. The developer shall provide protection for any slopes, building pads, or buildings subject to being impacted by a 100-year flood. Said protection shall be in accordance with City, State and Federal standards. 17. The developer shall pay any impact fees to include, but not be limited to sewer, street, or general facilities impact fees, which may be imposed prior to approval of any Final Subdivision maps. -5- 18. The developer shall submit for recordation of the final map in phases, the first phase to consist of lots 7-40 and 74-80. Succeeding phases shall not be recorded until such time as the alignment and widening of Otay Valley Road to four lanes and the widening of the bridge crossing the Otay River is guaranteed to the satisfaction of the City Engineer. 19. Lots 1 and 81 shall be dedicated to the City in fee title as open space with the recordation of the final map for Phase 2. The developer shall request the formation of an open space maintenance district, which shall include all of the lots in Phases 1 and 2, prior to the recordation of the final map for Phase 1. The obligations of the open space maintenance district shall commence for Lot 1 upon recordation of the final map for Phase 2. The obligation as it relates to lot 81 shall be governed by the agreement specified in Condition 14. 20. The portion of the map within lot 1 identified as a Riparian area shall remain undisturbed and maintained in its natural state. A 100-foot landscape buffer shall be planted around the riparian area and shall consist of dense native species. The portion of lot i marked open space park shall be planted with native plant materials and shall extend from the Riparian Area to the property boundary of lot 62. 21. In lieu of a private park development, the property owner shall contribute toward the overall Otay Valley Floodplain/Greenbelt/Parklands Concept, the contribution of which is to be negotiated with the Development Agreement. 22. Prior to issuance of a grading permit for the final phase of the map, a transplantation program to transfer barrel cactus existing on site to a location approved by the City Landscape Architect shall be implemented. Prior to issuance of a grading permit for any preceding phases of the map, confirmation shall be obtained by the project biologist, subject to approval by the Planning Department, that barrel cactus are not present within the areas to be graded. 23. The property boundaries of lots 11 through 18 and lot 80 adjacent to Otay Valley Road shall be graded in slopes not to exceed 3-1/2:1 in conjunction with placement of a 6-foot-high wall, berm or building construction to reduce ambient noise levels to 70 dBA or less for areas outside the building. That portion of the properties between the wall and the -6- right-of-way, including the wall, shall be dedicated in fee title as open space and included in the proposed open space maintenance district. 24. Lot 81 shall be revegetated with native species to the satisfaction of the City Landscape Architect through a hydroseeding process between the months of October and February. A master plan for revegetation with a phasing plan shall be submitted and is subject to review and approval by the City Landscape Architect as a condition of the development agreement specified in Condition 14 above. 25. Delete lots 82 through 130 from the tentative map. Lots 82 through 125 may be incorporated in a single lot followed by one additional lot incorporating lots 126-130. 26. A Permission to Grade letter shall be obtained from San Diego Gas and Electric for grading within the existing easement shown on the tentative map prior to recordation of the final map. 27. The developer shall provide natural gas on site prior to issuance of any building permits for phase 1 of the tentative map. 28. Fire hydrants shall be provided on site; 17 shall be installed with phase 1, the location and type to be approved by the City Fire Marshal, and 19 hydrants to be installed with subsequent phases subject to approval by the City Fire Marshal. 29. Fire flow of 2,500 gpm shall be provided on site. All buildings shall be sprinkled to the satisfaction of the City Fire Marshal. 30. The developer shall retain a qualified paleontologist on site to monitor the original cutting of previously undisturbed formations to inspect cuts for contained fossils. In the event that well preserved fossils are discovered, the paleontologist shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Fossil remains collected during the salvage program shall be cleaned, sorted and cataloged and, with the owner's permission, deposited in a scientific institution with paleontological collections such as the San Diego Natural History Museum. 31. The developer shall retain a qualified historic resources monitor on site during excavation of the -7- dump site used by the farmhouse structure. In the event historic resources are discovered, the monitor shall have the authority to temporarily direct, divert, or halt grading to allow recovery of historic resources in a timely manner. 32. A temporary wall or mesh fence shall be placed along the eastern site boundary adjacent to Otay Valley Road during construction of buildings. 33. The following note is to be placed on the Final Map: a. Property Owners agree that they will participate in funding those public facilities set forth in the City of San Diego Otay Mesa Public Facilities Financing Plan adopted by the City of San Diego on May 7, 1986. b. Said participation shall be accomplished by the payment to San Diego, prior to building permit issuance by Chula Vista, of those fees set forth in Table 3 of the Financing Plan. c. In the event that the City of San Diego adopts a Facilities Benefit Assessment District ("FBA") pursuant to the Financing Plan, prior to Property Owners' payment of fees, Property Owners agree to pay said FBA fees in lieu Of those fees. d. Property Owners will prepare and submit to San Diego, for signature by the City Manager, a letter indicating the proposed development of all or a portion of their properties and the amount of fees paid to San Diego for said development. 34. The design of the subdivision shall follow the Otay Valley Road Redevelopment Guidelines and shall be reviewed by the Design Review Committee and subject to City Council approval prior to issuance of building permits. BE IT FURTHER RESOLVED that this approval is contingent upon the rezoning pursuant to Ordinance No. 2222 becoming effective. Presented by Approved as to form by Planning I/ 3127a -8- z.:,, .... ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF LdULA VISTA, CALIFORNIA, this 28th day of July 19 ~7 , by the following vote, to-wit: AYES: Councilmembers Nader, Moore, Malcolm, McCandliss, Cox NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Counci lmembers None /'~f'o~'~rthe City of ChUlo Vista ATTEST ~/' City Clerk b..,FE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) l, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY thor the obove ond foregoing is a full, true ond correct copy of RESOLUTION N0. 13173 ,ond that the some hos not been amended or repealed DATED  CityClerk cm' oF CHULA VISTA CC-660