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HomeMy WebLinkAboutReso 2001-028 RESOLUTION NO. 2001-028 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TENTATIVE SUBDIVISION MAP FOR TIVOLI VILLAS, CHULA VISTA TRACT 01-03, AND MAKING THE NECESSARY FINDINGS. I. RECITALS A. Project Site WHEREAS, the parcel which is the subject matter of this resolution is diagrammatically represented in Exhibit "A-I" through "A-3" attached hereto and incorporated herein by this reference, and for the purpose of general description herein, consists of 7.8 acres located on the west side of Medical Center Court and noah of Davies Drive terminus ("Project site"); and B. Project; Application for Discretionary Approval WHEREAS, on August 15, 2000, D.R. Horton San Diego Holding Company, Inc. ("Applicant") filed an application with the Planning and Building Department of the City of Chula Vista requesting approval of a tentative subdivision map known as Tivoli Villas, Chula Vista Tract -01-03 ("Project"); and WHEREAS, the project consists of a single lot containing 117 condominium units, private streets, recreational facilities and common landscaping area; and, C. Prior Discretionary Approvals WHEREAS, the subject property has been the matter of 1) a prior General Development Plan resulting in the current land use designations as shown on the Sunbow II General Development Plan, previously approved by City Council Resolution No. 15427 on December 5, 1989; 2) Sunbow II Comprehensive Affordable Housing Program, previously approved by City Council Resolution No. 15427, and Ordinance No. 2346 on December 5, 1989; 3) Sanbow II Public Facilities Financing Plan, previously approved by City Council Resolution No.15525 on January 24, 1990; 4) The Sunbow II Sectional Planning Area (SPA) Plan, previously approved by Resolution No. 15524 on February 20, 1990; 5) Sunbow II Planned Commtmity District Regulations and Land Use District Map, previously approved by Ordinance No. 2361 on February 27, 1990; 6) Sunbow II Design Guidelines, previously approved by City Council Resolution 15640 on May 22, 1990; 7) Sunbow II Tentative Subdivision Map (TSM 90-07), which was approved by Resolution No. 115640 on May 22, 1990; and 8) Sunbow II Village Center SPA Amendment (PCM 00-18) approved by Resolution No. 2000-221 on June 20, 2000; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on January 17, 2001 and voted to recommend that the City Council approve the project based upon the findings and subject to the conditions listed below; and E. City Council Record of Application Resolution 2001-028 Page 2 WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notice of said hearing, together with its purpose 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 site 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. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public heating on this Project, held on January 17, 2001, and the minutes and resolution resulting there from, are hereby incorporated into the record of this proceeding. III. COMPLIANCE WITH CEQA The City Council hereby determines this project was covered under previous Sunbow II Final EIR 88-01 and Addendum to Final EIR 88-01, and therefore no further action is required in accordance with the requirements of the Califomia Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista. IV. 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 Tivoli Villas, Chula Vista Tract 01-03, is in conformance with the Sunbow II General Development Plan, Sunbow II Sectional Planning Area (SPA) Plan and the various elements of the City's General Plan, based on the following findings: 1. Land Use: The Sunbow II SPA Plan (Site Utilization Plan) identifies the subject site as parcel Planning Area 10A, with a developmere potential for 214 dwelling units. The proposed l lT-unit condominium project is 97 units less than permitted for this parcel and is therefore in substantial conformance with the Sunbow II GDP and the City's General Plan. 2. Circulation: All on-site and off-site streets required to serve the subdivision will be constructed in accordance with the City design standards and/or requirements for private streets, and provide for vehicular and pedestrian connections with adjacent streets. 3. Housing: Resolution No. 18662 adopted by the City Council on August 7, 1990, requires the master developer (Sunbow) to provide ten percent of the total number of units allowed in the Sunbow II Planned Community for low- and moderate-income households. In 1990, the City Cormell approvcd a comprehensive affordable housing program for the Sunbow II Master Planned Community. The program outlines the number of units to Resolution 2001-028 Page 3 be provided, the construction timing and delivery of units. The master developer has entered into an agreement with the City to provide the required affordable housing, as specified in the affordable housing program. This requirement has been met by the construction of 132 Senior Housing units within Planning Area 6. 4. Conservation: The previous environmental impact report, Sunbow II Final EIR 88-01 and Addendum to Final EIR 88-01, addressed the goals and policies of the Conservation Element of the General Plan, and found that the development of this site to be consistent with these goals and policies. 5. Parks and Recreation, Open Space: The Sunbow II GDP and SPA Plan provides for a 10-acre future Commtmity Park, located directly south of the project site; and meets the General Plan requirement for park land (3- acres/1000 persons). The project provides a connection to the future public park via an ADA compliant walkway west of the project site. The project also provides an 8,100 square foot recreational facility consisting: a swimming pool, spa, barbecue area, and tot-lot. 6. Seismic Safety: The proposed subdivision is in conformance with the goals and objectives of the Seismic Element of the General Plan. There are no known active faults underlying the project site. 7. Safety: The Fire Department and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the subdivision, as conditioned, is in substantial conformance with adopted City policy for emergency services. 8. Noise: The project is required to meet existing standards for residential development. All dwelling units must be designed to preclude interior noise levels over 45 dBA, and exterior noise exposure to 60 dBA in accordance with the City's performance standards and the noise level standards of the Uniform Building Code. 9. Scenic Highway: The project is not adjacent to scenic highways. 10. Bicycle Routes: Bicycle routes as prescribed in the Sunbow II SPA Plan have been incorporated. 11. Public Buildings: No public buildings are proposed on the project site. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. Resolution 2001-028 Page 4 C. The configuration, orientation and topography of the site partially allow for the optimum siting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. D. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. 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. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. V. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing Tentative Subdivision Map, which is stated to be conditioned on "General Conditions," is hereby conditioned as follows: A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in the Tentative Map, Chula Vista Tract No. 01-03, Resolution No. 2001-028, Sunbow II Final EIR 88-01, Addendum to Final EIR 88-01 and Mitigation Measures, except as modified by this Resolution. B. Implement Mitigation Measures. Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Sunbow II Final EIR 88-01 and Addendum to Final EIR 88-01. C. Implement previously adopted conditions of approval pertinent to project Unless otherwise conditioned, developer shall comply with all conditions of approval of the Sunbow II Master Tentative Map, Chula Vista Tract 90-07, established by Resolution No.15640 and approved by Council on May 22, 1990; and shall remain in compliance with and implement the terms, conditions and provisions of the Sunbow II Sectional Planning Area (SPA) plan, General Development Plan, Planned Community District Regulations, Air Quality Improvement Plan, Residential Design Guidelines, including landscaping criteria and Public Facilities Financing Plan as may be amended from time to time, and as are applicable to the property which is the subject matter of this tentative map, prior to approval of the Final Map, or shall have entered into an agreement with the City, providing the City with security (including recordation of covenants running with the land) and implementation procedures, as the City may require, assuring that after approval of the Final Map, the developer shall continue to comply with, remain in compliance with, and implement such plans. Resolution 2001-028 Page 5 D. Implement Public Facilities Financing Plan Developer shall install Public facilities in accordance with the Sunbow II Public Facilities Financing Plan, as amended or as required by the City Engineer to meet the Growth Management threshold standards adopted by the City of Chula Vista. The City Engineer and Planning and Building Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such modifications. E. Design Approval The applicant shall develop the condominium project in accordance with the applicable Sunbow II Planned Community District Regulations and Design Guidelines, and as conditionally approved by the City's Design Review Committee on December 11, 2000, as set forth in letter of conditional approval dated December 12, 2000. F. Project Phasing If phasing is proposed within an individual map, or through multiple final maps, the Developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning and Building prior to approval of the first final map. The phasing plan shall include: 1. A site plan showing the phase lines and phase numbers and number of dwelling units and the corresponding parking spaces required in each phase. 2. A table showing the phase number and number of units included in each phase. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning and Building. The City reserves the right to conditionally approve each final map and require improvements, facilities and/or dedications as necessary to provide adequate cimulation, and to meet the requirements of police and fire departments. The City Engineer and Planning and Building Director may at their discretion, modify the sequence of improvement construction should conditions change to warrant such revision(s). G. Tentative Subdivision Map Conditions Prior to approval of the first final map, unless otherwise indicated, the developer shall: Resolution 2001-028 Page 6 STREETS, RIGHTS-OF-WAY AND PUBLIC IMPROVEMENTS 1. Guarantee the construction of all and construct all improvements (streets, sewers, drainage, utilities, etc.) deemed necessary to provide service to such lot or unit in accordance with City standards. Such guarantee shall, at the option of the City, be bonded in a form satisfactory to the City. (Engineering) 2. Provide notarized letters of permission for all off-site grading and construction of improvements. (Engineering) 3. Designate all streets within the development to be private. Detailed horizontal and vertical alignment of the centerline of said streets shall be reflected on the improvement plans for said developments. Design of said streets shall meet the City standards for private streets or as approved by the City, and shall be designed to the satisfaction of the City Engineer and Fire Marshall. Waivers shall only be granted upon submittal and approval of appropriate studies, which demonstrate that no safety concerns are compromised; and a statement shall be submitted and signed by the Engineer of work to that effect. (Engineering, Fire) 4. Design all public street vertical and horizontal curves and intersection sight distances, including private driveways, which intersect public streets, to conform to the CalTrans Highway Design Manual. All streets, which intersect other streets at or near horizontal or vertical curves, must 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. Lighted sag vertical curves will be permitted, with the approval of the City Engineer, at intersections per AASHTO standards. (Engineering) 5. Construct sidewalks, pedestrian ramps on all common walkways, and parking areas as shown on the pedestrian hardscape plan to meet "Americans with Disabilities Act" (ADA) standards and as approved by the City Engineer. In the event the Federal Government adopts ADA standards for street rights-of-way, which are in conflict with the standards, and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. (Engineering, Planning & Building) 6. Obtain a waiver from the City Engineer for a reduction in driveway throat from 150 feet to 80 feet prior to issuance of grading and improvement permits. (Engineering) Resolution 2001-028 Page 7 7. Dedicate only sewers and storm drains within public rights-of-way to be publicly maintained. All sewers and storm drains within the subject property shall be privately maintained. (Engineering) 8. Provide water pipelines for reclaimed water as approved by the Public Works Director and the Otay Water District. (Engineering) 9. Submit for approval by the City Engineer proposed private streets construction phasing prior to the approval of any Final Map. (Engineering) GRADING AND DRAINAGE 10. Submit for approval by the City Engineer a grading plan in accordance with the City of Chula Vista Grading Ordinance and in conformance with the Subdivision Manual. Provide graded access to all storm drain structures, including inlet and outlet structures as required by the City Engineer. Paved access shall be provided to drainage structures located in the rear yard of any lot. (Engineering) 11. Provide a paved access road with a minimum width of 12 feet to all sanitary sewer manholes. The roadway shall be designed for an H-20 wheel load or other loading as approved by the City Engineer. (Engineering) 12. Submit calculations to demonstrate the adequacy of downstream drainage structures, pipes and inlets as required by the City Engineer. (Engineering) 13. Design the storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. (Engineering) 14. Designate on the plans as private, to the point of connection with the public system, all storm drain systems that collect water from private property. (Engineering) 15. Designate as private and maintain by Home Owner's Association all storm drain clean outs carrying private property water and determined by the City to be in areas inaccessible for maintenance equipment. Include in the CC&Rs conditions and restrictions to assure proper maintenance. (Engineering) 16. Submit to and obtain approval from the City Engineer and Director of Planning and Building for an erosion and sedimentation control plan as part of the grading plans. (Engineering, Planning) 17. Enter into an agreement with the City wherein the City is held harmless from any liability from erosion, siltation or increase in flow of drainage resulting from this project. (Engineering) Resolution 2001-028 Page 8 18. Submit a list of proposed units, prior to approval of the corresponding Final Map, indicating whether the structure will be located on fill, cut, or a transition between the two situations prior to approval of the first final map. (Engineering) 19. Submit tentative map, "as-built" improvements and grading plans and final map as required by the City Subdivision Manual. Additionally, provide the City said plans and final maps in a digital D.X.F. file format. (Engineering) AGREEMENTS 20. Permit all franchised cable television companies ("Cable Company") equal opportunity to place conduit to and provide cable television service for each lot within the subdivision. The developer shall enter into an agreement with all participating Cable Companies which shall provide, in part, that upon receiving written notice from the City that said Cable Company is in violation of the terms and conditions of the franchise granted to said Cable Company, or any other terms and conditions regulating Cable Company in the City of Chula Vista, as same may from time to time be amended, Developer shall suspend Cable Company's access to said conduit until City otherwise notifies Developer. Said agreement shall be approved by the City Attorney prior to Final Map approval. (Engineering) 21. 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, or set aside, void or annul any approval by the city, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision 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. (Planning/Engineering) 22. Agree to include provisions in the Declaration of Covenants, Conditions and Restrictions assuring maintenance of all streets, driveways and drainage systems, which are private. The City of Chula Vista shall be named as a party to said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. All the individual homeowners of the project shall own all private streets jointly and inseparably. (Planning/Engineering) MISCELLANEOUS 23. Submit evidence, acceptable to the City Engineer and the Director of Planning and Building the formation of a Homeowner's Association Resolution 2001-028 Page 9 (HOA), or another financial mechanism acceptable to the City Manager. (Planning/Engineering) The HOA shall be responsible for the maintenance of all improvements within the project boundaries other than the individual condominium units contained therein. The City Engineer and the Director of Planning and Building may require that some of those improvements shall be maintained by the other financial mechanism. The City Attorney shall approve the HOA formation documents. CC&Rs for the Project shall be submitted to the Planning and Building Department for review and approval and shall include: a) Maintenance of all facilities located within open space, recreational or other common areas including, but not be limited to: walls, fences, lighting structures, paths, trails, access roads, recreational amenifies and structures, sewage facilities, drainage structures and landscaping shall be by Homeowner's Association. The project contains a slope protrusion north of the commercial center to the west of the site, which is currently maintained by the commercial center. The HOA shall provide for the landscaping and maintenance of the slope in the event that the commercial center should fail to meet its obligation. b) Include language in the CC&Rs establishing the HOA responsibility to maintain all streets, drainage and sewer systems that are private. Said private streets shall be maintained in perpetuity by the HOA and no request shall be made for future maintenance by the City. c) Include language in the CC&Rs establishing the HOA responsibility to maintain all perimeter fencing in accordance with the established guidelines set forth in the Sunbow II SPA Plan and as approved by the City's Design Review Committee. d) Name the City of Chula Vista as a party to the CC&Rs, with the authority, but not the obligation, to enforce the terms and conditions of the CC&Rs. e) Include language in the CC&Rs for the project specifying that individual owners may not modify the location, materials, height or otherwise alter the established rear yard fencing. Resolution 2001-028 Page 10 f) Include language stating that before any revisions to provisions of the CC&Rs that may particularly affect the City, said revisions shall be approved by the City, and that the HOA shall not seek approval from the City of said revisions without the prior consent of 100 percent of the holders of first mortgages or property owners within the HOA. g) The HOA shall indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the HOA. h) The HOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of the City and 100 percent of the holders of first mortgages or property owners within the HOA. i) The HOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per- occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured. j) The CC&Rs shall incorporate restfictions relating to architectural control and indicate to what extent, if any, exterior modifications may be made by the individual homeowner. k) The CC&Rs shall include provisions assuring HOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. 1) The CC&Rs shall include provisions which require that all common areas including but not limited to private streets, drives, open space areas, paths, trails, recreational amenities, drainage pipes and structures and landscaping shall be maintained using Best Management Practices in accordance with Chula Vista Municipal Code, Chapter 14.20 to reduce the introduction of pollutants to the public storm water systems. m)The CC&Rs shall include provisions in prohibiting the installation of speed bumps. n) The HOA shall provide for the landscaping and maintenance of the slope panhandle portion of the site north of the commercial center in the event that the commercial center should fail to meet its obligation. 24. The boundary of the subdivision shall be tied to the California Coordinate System-Zone VI (1983). Resolution 2001-028 Page 11 25. Install fire hydrants, to be tested and fully operational prior to any combustible materials being placed on site, to the satisfaction of the Fire Marshal. 26. Construct a 5- to 6-foot high noise barrier along the perimeter of the site in accordance with Noise Analysis (Dudek & Associates, 9/28/00). 27. Provide an interior noise analysis for residences located along the southern portion of the site prior to issuance of building permits to ensure that the interior DNL would not exceed 45 dB to meet the interior noise standard. This includes air-conditioning or mechanical ventilation. Some units may require sound-rated windows. 28. Provide required bus facilities to the satisfaction of the City's Transit Coordinator. 29. Provide a mylar copy of the tentative map. CODE REQUIREMENTS 30. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act, the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 31. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 32. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlement and market conditions, shall govern Sunbow II development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. 33. Pay all applicable fees in accordance with the City Code and Council Policy, including, but not limited to, the following: a) The Transportation and Public Facilities Development Impact Fees. b) Signal Participation Fees. Resolution 2001-028 -- Page 12 c) All applicable sewer fees, including but not limited to sewer connection fees. d) Interim SR-125 impact fee. e) Telegraph Canyon (Gravity Flow) Sewer Basin DIF. f) Telegraph Canyon Basin Drainage DIF. g) Telegraph Canyon Sewer Pumped Flow DIF. h) Applicable school district fees. 34. Pay the amount of said fees in effect at the time of issuance of building permits. 35. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" assessments. Submit the disclosure form for approval by the City Engineer prior to Final Map approval. 36. Comply with section 19.56.020 of the Chula Vista Municipal Code in terms of required enclosed storage space requirements for each dwelling unit. 37. Comply with all aspects of the City of Chula Vista Landscape Manual. _ 38. The applicant 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). VI. 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 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. VII. 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 '- shall be deemed to be automatically revoked and of no further force and effect ab initio. Resolution 2001-028 Page 13 Presented by Approved as to form by Robert A. Leiter ~'~ Planning and Building Director ~ omeyny PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of February, 2001, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas and Herton NAYS: Councilmembers: None ABSENT: Councilmembers: Padilla Shirley Ho~ Mayor ATTEST: Susan Bigelew, City Cle~ 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. 2001-028 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 13th day of February, 2001. Executed this 13th day of February, 2001. Susan Bigelow, ~/ 1 '