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HomeMy WebLinkAboutReso 2012-010 - r ~ I II II I I I I II I III I III IIII III IIII I III IIIII IIIII IIII IIII I ~ ~ APR 04, 2012 3:26 PM Recording requested bY~ N F OFFICIAL RECORDS City of Chula Vista 1_ SAN DIEGO COUNTY RECORDER'S OFFICE Cr' ~ Ernest J. Dronenburg,Jr., COUNTY RECORDER FEES After recording : 0.00 return [o: PAGES: 13 1 ~ (~ 5 6 City Clerk's Office City of Chula Vista 1111111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII III! 276 Fourth Avenue Chula Vista, CA 91910 Attn: E. Briggs Thu space for Recorder's use only Resolution No. 2012-010 Document Title 109~r RESOLUTION NO. 2012-010 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP WITHIN OTAY RANCH VILLAGE 2 -CHULA VISTA TRACT I1-02 I. RECITALS 1. Project Site WHEREAS, the parcel, that is the subject matter of this resolution, is represented in Exhibit A, attached hereto and incorporated herein by this reference, and for the purpose of general description is located in the western portion of Otay Ranch Village 2 Neighborhood R- 4B, Chula Vista ("Property"); and 2. Project; Applications for Discretionary Approval WHEREAS, on April 5, 2011, a duly verified application for a Tentative Subdivision Map (Chula Vista Tract (CVT) 11-02) was filed with the City of Chula Vista Development Services Department by Baldwin & Sons ("Applicant") to subdivide an approximate 48-acre site within Otay Ranch Village 2 Neighborhood R-4B in order to reduce the number of single-family lots from ninety-eight (98) to sixty-eight (68) and to provide two (2) open space lots and ten (10) neighborhood open space lots ("Project"); and 3. Environmental Determination WHEREAS, The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was covered in previously adopted Final Second Tier Environmental Impact Report for the Otay Ranch Villages Two, Three, and a Portion of Village Four Sectional Planning Area (SPA) Plan, (FEIR 02-02). The Development Services Director has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Development Service Director has prepared an addendum to this document, FEIR 02-02. No further environmental review is necessary; and 4. Planning Commission Record on Application WHEREAS, on January 11, 2012, the Director of Development Services set a hearing before the Planning Commission for the consideration of and recommendation on Tentative Subdivision Map. Notice of said hearing, together with its purpose, was given by both publication in a newspaper of general circulation in the City and mailing to property owners and residents within 500 feet of the exterior boundaries of the Property at least ten (10) days prior to the hearing; and 10953 Resolution No. 2012-010 Page 2 WHEREAS, a hearing at the time and place as advertised, namely January 11, 2012, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning Commission, and said hearing was thereafter closed; and WHEREAS, the Planning Commission reviewed and considered the Tentative Subdivision Map CVT 11-02; and WHEREAS, the Planning Commission, after considering all evidence and testimony presented, recommended by a vote of 6-0-1 that the City of Chula Vista City Council approve the Tentative Subdivision Map CVT 11-02 within Otay Ranch Village 2 Neighborhood R-4B; and 5. City Council Record on Application WHEREAS, a hearing time and place was set by the City Council of the City of Chula Vista for consideration of the Project, and notice of said heazing, together with its purpose, was given by both publication in a newspaper of general circulation in the City and mailing to property owners and residents within 500 feet of the exterior boundazies of the property at least ten (10) days prior to the hearing; and WHEREAS, on January 24, 2012 at 4:00 p.m. in the Council Chambers, located at 276 Fourth Avenue, the City Council of the City of Chula Vista held the duly noticed public hearing to consider said Project: said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: II. 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, is in conformance with the elements of the City's General Plan, based on the following: 1. Land Use and Transportation The General Plan land use designation is Low Medium Density Residential (3-6 DU/AC). The proposed implementing zone is SF2 Single-Family Residential, which was amended through the SPA Plan Amendment (PCM-11-06). The proposed changes result in decreased density, from 4.0 DU/AC to 2.7 DU/AC. Single-family lots will range from 8,650 sf to 19,352 sf in size. All off-site public streets required to serve the subdivision already exist or will be constructed or paid for by the Applicant in accordance with the Conditions of Approval. The on-site public streets are designed in accordance with the City design standards and/or requirements and provide for vehicular and pedestrian connections. 1G95g Resolution No. 2012-010 Page 3 2. Economic Develonment The Project, when considered in conjunction with Tentative Maps CVT 11-03, 11-04, and 11-05, results in a net zero increase in units within Village 2, while providing a previously unavailable, single-family, small lot product in a more compact format, which will be located within walking distance of the village core. The four and six- unit, compact products support economic policies regarding the pursuit and provision of diverse housing types and costs in order to provide balance for housing opportunities as well as jobs. These compact, clustered, single-family products provide a wider range of housing options and pricing for potential home-buyers in the current housing market. By reallocating 113 units and increasing densities close to the village core, it can be anticipated that there will be increased patronage to the nearby commercial and public/quasi-public uses, which increase will contribute to greater economic development within Village 2 and the City. The Project allows the development of detached, small lot, single-family homes on sepazate, fee-simple lots. This housing type is reflective of greater demand for these products in today's economic environment. The four- and six- unit cluster design, around a central auto/activity court, provides a housing type that is new to Village 2 and specifically designed to align with today's marketplace and economic conditions. The Project provides home-buyers the opportunity to purchase detached, single- family homes with greater affordability and reduced maintenance costs. As a new housing type within Otay Ranch, the proposed homes also provide further variation in housing opportunities available to Chula Vista residents, consistent with General Plan Objective ED 2. The proposed project also fosters economic development at the community level by providing for increased housing densities within the same footprint. These increased densities allow for infrastructure and municipal services to be provided at reduced cost per capita (more people served by the same municipal services). Additionally, with increased housing (and population) within the same footprint, increased densities improve the viability of community serving commercial and public/quasi public uses as well as alternative transportation modes. As a result, the proposed project may serve as a catalyst for small and mid-sized industries and businesses and community-serving and neighborhood uses, consistent with Objective ED3andED9. 3. Public Facilities and Services/Drainage and Water Oualitv The Project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Project contemporaneous with the demand for those services. A Public Facilities Financing Plan has been prepared to supplement that which is already in place to define public service, facility, and phasing needs created by the Project. Project-level water quality technical reports were completed for the proposed project. The water quality technical reports outline three options for achieving the water quality treatment and hydromodification requirements of the City of Chula Vista. One of the three options would be implemented and approved by the City Engineer. Resolution No. 2012-010 Page 4 The proposed unit transfers would continue to comply with all applicable rules and 1 G 9 Ei ~ regulations, including compliance with NPDES permit requirements for urban runoff and storm water discharge. Best Management Practices (BMPs) for design, treatment and monitoring for storm water quality would be implemented as delineated in the EIR with respect to municipal and construction permits. Compliance with all applicable rules and regulations governing water quality as well as implementation of all mitigation measures outlined in Section 5.9 of the EIR and the measures outlined in the water quality technical reports (Hunsaker and Associates 2011a,b) would ensure no additional impacts to water quality beyond those previously analyzed. Project-specific analyses have been conducted relative to the project's potential sewer and water impacts. The proposed project would reduce average projected water demands by 38,800 gallons per day (gpd). This reduction is due to an increase in density (greater than 8 units per acre), resulting in a reduced water demand per unit. As such, the water system recommendations from the May 2006 Subarea Master Plan for Village 2 remain unchanged as a result of this project. Additionally, while the total projected sewage flows will not change as a result of the proposed project, the project does involve shifting 83 units from the Wolf Canyon Basin to the Poggi Basin, which results in a shift of 21,995 gpd from the Wolf Canyon Basin to the Poggi Basin. The proposed project, however, would not require additional reaches of the Poggi Canyon Interceptor to be upgraded in the future. Upon approval of the proposed project, the Development Impact Fee for the Poggi Basin would be updated to reflect the additional units. 4. Environmental Element The project has been reviewed in accordance with the requirements of CEQA. An Addendum has been prepazed for the project in order to address the proposed modifications to the lot configurations within Village Two from the adopted Final Second Tier Environmental Impact Report, Otay Ranch Villages Two, Three, and a Portion of Village Four Sectional Planning Area (SPA) Plan, FEIR 02-02. The proposed modifications would not result in an increase in overall unit count, and would not substantially change traffic generation or distribution patterns. No additional significant impacts beyond those previously analyzed in the EIR, or substantial increases in any identified significant impacts are anticipated; however, the proposed modification represents new information that was not available at the time that the EIR was certified. Therefore, the Addendum and the Mitigation Monitoring Program ensures that all environmental impacts will be mitigated to a level less than significant. 5. Growth Management Due to the Project's `no net change to number of dwelling units', the surrounding street segments and intersections as planned or built, including Olympic Parkway and Santa Victoria Road, will continue to operate/serve at the same Level of Service in compliance with the City's traffic threshold standard with the proposed project traffic. No adverse impact to the City's traffic threshold standazds would occur as a result of the proposed project. Resolution No. 2012-010 1G9~1 Pages The Project site is located in the attendance azea of Hedenkamp Elementary School, within the boundaries of the Chula Vista Elementary School District. The Project is also within the attendance area of Otay Ranch High School and Olympian High School, within the Sweetwater Union High School District. The Applicant will be required to pay applicable developer fees based upon assessable area. 6. Open Space and Conservation The project proposes single-family homes that meet the minimum open space requirement per the Otay Ranch Village 2 SPA. The project would also be required to provide parkland or pay park fees towards the acquisition and development of future parks. The proposed landform grading conforms to the City's grading Ordinance and retains regional and natural open space features. The development of the site is consistent with the goals and policies of the Conservation Element. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the configuration, orientation, and topography of the site allow for the optimum siting of lots for natural and passive heating and cooling opportunities. The development of the site will be subject to site plan and architectural review to ensure the maximum utilization of natural and passive heating and cooling opportunities. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. The site is physically suited for residential development, because it is generally level and is located adjacent to existing residential developments. The Project conforms to all standards established by the City for a residential development. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. III. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similaz application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similaz to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. 109? Resolution No. 2012-010 Page 6 BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. IV. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL A. Project Site is improved with Project The Applicant, or his/her successors in interest and assigns, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, known Chula Vista Tract 11-02. V. SPECIAL CONDITIONS OF APPROVAL A. The conditions herein imposed on the tentative map approval herein contained are approximately proportional both to nature and extent of impact created by the proposed development. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed by the Applicant or successor-in-interest to the City's satisfaction prior to approval of the Final Map, unless otherwise specified. Planning Division: 1. Applicant shall develop and maintain the Project Site in accordance with the approved plans, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19. 2. Prior to, or in conjunction with the issuance of the first building permit, pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ- 1652. Land Development Division: 3. 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 purposes of this document the term "Developer" shall also mean "Applicant". 4. All of the terms, covenants and conditions contained within the Tentative Map for Tract No. 06-OS shall continue to 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. 5. All of the terms, covenants and conditions contained within the Amendment to the City of Chula Vista Subdivision Manual for the inclusion of the Standard Conditions of Approval for Tentative Maps 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. Resolution No. 2012-010 Page 7 10963 6. Developer shall provide one sewer lateral for each unit and all shall be shown on the improvement plans as directed by the City Engineer. 7. Prior to approval of any final map for the Project, Developer shall secure and construct all offsite facilities as identified in the Public Facilities Financing Plan (PFFP). Developer shall submit security in a form approved by the City Attorney, for any required offsite improvements as shown on the approved Tentative Map or as required by the PFFP. Any offsite permission or right of way that will be required to install such improvements shall be obtained prior to the approval of any final map, to the satisfaction of the City Engineer. 8. Prior to the approval of any final map within the Project, Developer shall obtain approval of a Joint Use Agreement and Right of Way crossings for Santa Victoria and Santa Diana over the City of San Diego waterline to the satisfaction of the City Engineer. 9. Developer shall ensure that the Homeowners Association (HOA) maintains all Water Quality Facilities for the Project. Prior to final map approval, the Developer shall obtain the approval from the City Engineer, of the Covenants, Conditions, and Restrictions (CC&R's). Developer shall also demonstrate to the satisfaction of the Development Services Director that such maintenance is accounted for in the HOA annual budget. 10. Prior to approval of any building permit for the Project, Developer shall obtain approval, by the City of Chula Vista, of the `landscape documentation package' that demonstrates that the landscape associated with this Project complies with the City of Chula Vista Landscape Water Conservation Ordinance, Chapter 20.12 of the Municipal Code. The title sheet of the drawings shall contain a signed statement from the landscape architect as follows: "I am familiar with and agree to comply with the requirements for landscape improvement plans as described in Chapter 20.12 of the Municipal Code. I have prepared this plan in compliance with those regulations. I certify that the plan implements the regulations to provide efficient landscape water use." 1 1. Sidewalks immediately adjacent to any low walls shall have a 12-inch scoring pattern, to alert pedestrians to the proximity to the wall. Scoring pattern shall be located along the base of the wall and shall contain vine-planting pockets all as approved by the Director of Development Services. 12. All existing and proposed perimeter theme walls and fences shall be part of the landscape and irrigation plans for the Project. The landscape and irrigation plans shall show design, height and materials for the walls/fences. 13. Ensure that prospective purchasers receive a copy of the City of Chula Vista Landscape Water Conservation Checklist. 1095;. Resolution No. 2012-010 Page 8 14. Pursuant to Condition No. 103 of Tentative Map for Tract No. 06-05, the installation of landscape and irrigation remains incomplete beyond six months from the issuance of the grading permit; therefore, the installation of slope Landscape and Irrigation shall now be completed by the developer of a unit, within a neighborhood located immediately adjacent to a slope that requires landscape and irrigation installation, prior to the first occupancy permit issued to a developer for that neighborhood. This Landscape and Irrigation work shall be deemed to include full installation of Landscape and Irrigation per the approved L&I plans, including coordination with owners of adjacent neighborhoods as necessary to complete the work shown on the L&I plans. 15. Pursuant to Condition No. 96 and 97 of Tentative Map for Tract No. 06-05, the developer shall complete, to the satisfaction of the Director of Development Services, grading operations including the adjustment of the lot line adjacent to Wolf Canyon such that the park lot line coincides with the top of slope of Wolf Canyon. Fire Department: 16. The building permit plans shall demonstrate a fire flow of 1,500 gallons per minute (gpm) fora 2-hour duration (at 20psi). The 1,500 gpm is for homes that aze less than 3,600 squaze feet. For larger homes (3,601 +), they shall meet the fire flow requirements, based upon size and construction type, as stated within the adopted fire code. 17. The Applicant shall provide a water flow letter from the applicable water agency having jurisdiction, to the Chula Vista Fire Department, indicating that the fire flow is available to serve this project. 18. The Applicant shall install Fire Hydrants located not greater than 500 feet apart for single-family and 300 feet apart for multi-family properties. The minimum fire hydrant size shall be: 6" x 4" x 2" % x 2 'h" prior to occupancy. 19. Prior to occupancy, the structure shall be addressed in accordance with the currently adopted code. 20. The Applicant shall comply with the adopted State of California Building Code changes that require all new one and two-family homes and townhouses built in the state, to be equipped with life-saving fire sprinkler systems. B. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 21. Approval of this request shall not waive compliance with all sections of the CVMC, and all other applicable City Ordinances in effect at the time of building permit issuance. Resolution No. 2012-010 1 Jg~~ Page9 22. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval of this tentative map and (b) City's approval or issuance of any other permit or action, whether discretionazy or non- discretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Tentative Subdivision Map where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. 23. 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 purposes of this document the term "Developer" shall also mean "Applicant". 24. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual, Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; Otay Ranch Village Two Sectional Planning Area (SPA) Plan and supporting documents including: Village Two Public Facilities Finance Plan; Village Two Parks, Recreation, Open Space and Trails Plan; Village Two SPA Affordable Housing Plan and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 25. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, 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; institute and prosecute litigation to compel their compliance with said conditions and/or seek damages for their violation. The applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 26. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 10960 Resolution No. 2012-010 Page 10 27. The applicant shall comply with all applicable Village Two SPA conditions of approval, (PCM 11-06) as may be amended from time to time. VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped copy returned to the City's Development Services Department. Failure to return the signed and stamped copy of this recorded document within 10 days of recordation shall indicate the Property Owner/Applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Propert O er Date te~ien Mi hael H ase ~enior ~tce President,tg/3~DCVi~v r Se.uJ' Z•24•f2 Signature of Appicant tephen Michael Haase D to Senior Vice Presidents ~LDU7i~u x-~~tif VII. CONFORMANCE WITH CITY SUBDIVISION MANUAL The City Council does hereby find that the Project is in conformance with the City of Chula Vista Subdivision Manual, Section 18.12 and the requirements of the Zoning Ordinance. VIII. 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 any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution, the map approved hereunder, and any permit issued in reliance hereon shall be deemed to be automatically revoked and of no further force and effect ab initio. BE IT FURTHER RESOLVED that the Chula Vista City Council does hereby approve Tentative Subdivision Map CVT-11-02, subject to conditions listed above, to subdivide 48 acre site within Otay Ranch Village 2 Neighborhood R-4B in order to amend the number of single- family lots from ninety-eight (98) lots to sixty-eight (68) lots and provide two (2) open space lots and ten (10) neighborhood open space lots. 1095? Presented by Gary Halbe .E., ICP Assistant Ci anager/ Development Services Director Resolution No. 2012-010 Page 11 Approved as to form by 1. -C :,.~ ~..,,.z_ Glen oogins qty Att rney ~_ PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of January 2012 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: ~~~~~ Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA / i lv , o ~-I~ Cheryl Cox, M r/~ I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2012-010 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 24th day of January 2012. Executed this 24th day of January 2012. Donna R. Norris, CMC, City Clerk EXHIBIT "A" CVT 11-02 ~Py QP~ QoG ,(C O~y~~ /. \ SANT TV C- ORIA RD. ~ ~~ lOJ~B Resolution No. 2012-010 Page 12 i 9~\ ~~O