Loading...
HomeMy WebLinkAboutReso 2001-237 DOC AUG 08. ~001 g:~5 AM ~FIOIAL RE~SP~ Recording requested by: ~q~ DIEr~ I]OUNT¥ REOOP3ER'B OFFICE City of Chula Vista GEGO¢/J. SMITH, t'OUNTY REOORI)ER After recordinB return to: FEES: 0.00 City Clerk's Office 3 5 ~ ~ This ~pace for Recorder's use only RESOLUTION NO. 2001-237 · Document Title RESOLUTION NO. 2001-237 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING CONDITIONS OF THE TENTATIVE SUBDIVISION MAP FOR CEDAR PARK, A 2.43-ACRE TWELVE LOT SUBDIVISION FOP. SINGLE-FAMILY DWELLiNG UNITS LOCATED AT THE SOUTHERN TERMINUS OF CEDAR AVENUE, CHULA VISTA TRACT NO. CVT 01-07 I. RECITALS A. Project Site WHEREAS, the area of land commonly known as "Cedar Park" Tentative Subdivision Map (PCS-01-07), Chula Vista Tract No. 01-07, which is the subject matter of this resolution, and is diagrammatically represented in Exhibit "A" attached hereto and incorporated herein by this reference; and for the purpose of general description herein consists of 2.43 acres located at the southern terminus of Cedar Avenue, between Broadway and Filth Avenues, located within a single-family residential zone (R-l-7), within the Montgomery Specific Plan area with a Land Use Designation of Low/Medium Density Residential (6 11 dwelling units per acre), and within the General Plan Land Use Designation of Low Medium Residential (6 - 11 dwelling units p er acre), consi sting of APN 618- 061-2300 ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on February 8, 2001, Jeffrey Bender, a.k.a. TNT Services, Inc. ("Developer") filed a tentative subdivision map application with the Planning Division of the City of Chula Vista and requested approval of the Tentative Subdivision Map (PCS-01-07) known as "Cedar Park," Chula Vista Tract No. 01-07, in order to subdivide the project site into twelve single-family residential lots ("Project"); and C. Environmental Determination WHEREAS, the Resource Conservation Commission determined that the Initial Study prepared by the Environmental Review Coordinator was adequate and recommended adoption of a Mitigated Negative Declaration on May 14, 2001, in compliance with the California Environmental Quality Act. The Planning Commission recommended adoption of the same Mitigated Negative Declaration on June 27, 2001. D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the said project on June 27, 2001 and voted 7-0 to recommend that the City Council approve the Project 3565 Resolution 2001-237 Page 2 based on the findings and subject to the conditions listed below in accordance with Planning Commission Resolution PCS-01-07; and E. City Council Record on Application WHEREAS, a duly called and noticed public hearing was held at the time and place as advertised on July 24, 2001 in the Council Chambers, 276 Fourth Avenue before the City Council of the City of Chula Vista; to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the Project~ and said hearing was thereafter closed. 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 on the project introduced before the Planning Commission at their public heating on this project held on June 27, 2001 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the environmental determination of the Environmental Review Coordinator, the Resource Conservation Commission, and the Planning Commission was reached in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the Mitigated Negative Declaration reflects the independent judgment of the City Council of the City of Chula Vista and hereby adopts the Mitigated Negative Declaration and the Mitigation Measures set forth therein, a copy of which is on file in the Office of the City Clerk. V. INCORPORATION OF MITIGATION MEASURES The City does hereby adopt and incorporate herein as conditions for this approval all applicable mitigation measures, as set forth in the Environmental Document IS-01-040. vi. TENTATIVE SUBDIVISION MAP F1NDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that "Cedar Park" Tentative Subdivision Map (PCS-01-07), Chula Vista Tract No. 3569 Resolution 2001-237 Page 3 01~07, as conditioned herein is in conformance with the various elements of the City's General Plan based on the following: 1. Land Use The General Plan Land Use Designation is Low Medium Residential (6 - 11 dwelling units per acre). The Montgomery Specific Plan Land Use Designation is Low/Medium Density Residential (6 11 dwelling units per acre). The proposed 12-lot subdivision is within the allowable density and permitted number of dwelling units. Therefore, as conditioned, the Project is in substantial compliance with the City's General Plan, and the Montgomery Specific Plan. 2. Cimulation All of the on-site and off-site public streets required to serve the subdivision will be constructed or paid for by the developer in accordance with the Conditions of Approval. The public streets within the Project will be designed in accordance with the City design standards and/or requirements and provide for vehicular and pedestrian connections with adjacent streets. 3. Housing The housing provided within the Project will be market-rate housing. The Project will provide additional single-family home ownership opportunities in an established western Chula Vista neighborhood, within the Montgomery Specific Plan area. 4. Conservation The Project site is known to have significant environmental impacts, which are addressed by the mitigation measures. The mitigation monitoring and reporting program is incorporated into the conditions of approval. 5. Parks and Recreation, Open Space The Project will be required to pay park acquisition and development fees prior to approval of a final map. The individual lots possess large rear yard areas. 6. Seismic Safety The Project is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. The site is not located adjacent to an identified or inferred geologic fault. 357O Resolution 2001-237 Page 4 7. Safety The Project is within the General Plan standard for response time of both Police and Fire services. The emergency services 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. 8. Noise The Project will be required to meet the residential standards of the General Plan's Noise Element and Municipal Code. The dwelling units will be required to meet the Uniform Building Code standards with regard to acceptable interior noise levels. 9. Scenic Highway The Project does not abut a scenic route or gateway 10. Bicycle Routes The public street within and adjoining the Project does not included a designated bike route. 11. Public Buildings No public buildings are planned or proposed for the Project. B. 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. C. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the configuration, orientation, and topography of the site allows for the optimum siting of lots for natural and passive heating and cooling opportunities and that the development of the site will be subject to site plan and architectural review to insure the maximum utilization of natural and passive heating and cooling opportunities. 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 3571 Resolution 2001-237 Page 5 BE IT FURTHER RESOLVED That thc City Council does hereby approve thc Project subject to thc general and specific conditions set forth below: VII. GENERAL CONDITIONS OF APPROVAL Thc approval of the foregoing Project is hereby conditioned as follows: Environmental: 1. All unpaved construction areas shall be sprinkled with water or other acceptable dust control agents during dust-generating activities to reduce dust emissions. Additional watering or dust control agents shall bc applied during dry weather or windy days until dust emissions are not visible. 2. Trucks hauling dirt and debris shall be properly covered to reduce windblown dust and spills. 3. A 20-miles per hour (MPH) speed limit on unpaved surfaces in connection with the project shall be enforced. 4. On dry days, dirt and debris spilled onto paved surfaces shall be swept up immediately to reduce re-suspension of particulate matter caused by vehicle movement. Approach routes to construction sites shall be cleaned daily of construction-related dirt in dry weather. 5. On-site stockpiles of excavated material shall be covered or watered. 6. Disturbed areas shall be hydro-seeded, landscaped, or developed as quickly as possible and as directed by the City to reduce dust generation. 7. Heavy-duty construction equipment with modified combustion/fuel injection systems for emissions control shall be utilized during grading and construction activities. Catalytic reduction for gasoline-powered equipment shall be used. Also, construction equipment shall be equipped with pre-chamber diesel engines (or equivalent) together with proper maintenance and operation to reduce emissions of nitrogen oxide, to the extent available and feasible. 8. On-site and off-site drainage facilities and improvements to Cedar Avenue shall be constructed as required by the City approved grading/improvement plans. Engineering: 3572 Resolution 2001-237 Page 6 9. Design and construct all street improvements in accordance with Chula Vista Design Standards, Chula Vista Street Standards, and the Chula Vista Subdivision Manual unless otherwise approved by the City Engineer. Obtain City Engineer approval of the detailed improvement plans prepared by a registered civil engineer licensed in the State of California detailing horizontal and vertical alignment of said streets. Design transition to meet existing improvements in Cedar Avenue to the satisfaction of the City Engineer. Said improvements shall include, but not be limited to, asphalt-concrete pavement, base, concrete curb, gutter sidewalk, pedestrian ramps, street signs, street name signs, striping, sewer and water utilities, drainage facilities, street lights, and fire hydrants. 10. Guarantee prior to approval of the final map the construction of public street improvements deemed necessary to provide service to the subject subdivision in accordance with City standards. 11. Provide written verification to the City Engineer from Sweetwater Authority water district that the subdivision will be provided adequate water service and long-term water storage facilities. 12. Install fire hydrants as determined by the City Fire Marshal. Said hydrant locations shall be shown on the improvement plans. 13. Submit grading plans prepared by a registered civil engineer for review and approval by the City Engineer. All grading and pad elevations shall be within two feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Director of Planning and Building. 14. Design all lot grading so that lot lines are located at the top of slopes. This may require the use of retaining walls along some lot lines. 15. Submit an erosion and sedimentation control plan as part of the grading plans prepared by a registered civil engineer for review and approval by the City Engineer. 16. Show the location of cut and fill lines based on existing topography as part of the grading plans prepared by a registered civil engineer for review and approval by the City Engineer. 17. Submit a table listing for each of the proposed lots, and indicate whether the house structures for each of the proposed lots will be situated atop soils that are fill, cut, or a transition between fill and cut (bisected by fill and cut soils) as a requirement prior to the approval of the final map. 3573 Resolution 2001-237 Page 7 18. Submit a detailed geo-technical report prepared, signed and stamped by a registered civil engineer and a certified engineering geologist prior to approval of the grading plans and issuance of grading permit. 19. Submit a precise drainage study prepared by a registered civil engineer and approved by the City Engineer prior to issuance of a grading permit or any other development permits. The design of the drainage facilities shall consider existing on-site and off-site drainage patterns. The drainage study shall show how downstream properties and storm drainage facilities are impacted. The City Engineer shall approve the extent of the study. 20. Comply with all provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program during and after all phases of the development process, including but not limited to: rough grading, construction of street and landscaping improvements, and the construction of dwelling units. 21. Provide evidence of an existing sewer easement to the City of Chula Vista over the existing sewer line within Lot 3. If no such easement exists, dedicate a 15-foot sewer easement over the existing line on the final map. 22. Provide drivable access (H-20 wheel loading) to the existing sewer manhole along the southerly boundary within Lot 3 to the satisfaction of the City Engineer. 23. The termination point of the sewer line in Cedar Avenue shall be in the center of the cul-de-sac, not offset as shown on the Tentative Map. This will avoid excessively long sewer laterals from lots 7 and 8. 24. Provide a total of two 100-watt streetlights on Cedar Avenue within the subdivision. One at the entrance to the subdivision between lots 2 and 3 and one near the cul-de-sac by lot 11, as approved by the City Traffic Engineer. 25. Apply a surface treatment such as a fog seal to the existing asphalt on Cedar Avenue south of L Street in order to provide a uniform appearance to the entire street and for the purpose sealing existing cracks. 26. Re-stripe the median of L Street between Fi/ih Avenue and Broadway in order to provide a left turn pocket into Cedar Avenue to the satisfaction of the City Traffic Engineer. 27. Dedicate for public use all streets shown on the tentative map with the metes and bounds of the tentative subdivision map boundary. , 3574 Resolution 2001-237 Page 8 28. Dedicate to the city a 5.5-foot-wide street tree planting and maintenance easement along all public streets, between the curb, gutter and sidewalk, within the subdivision as shown on the tentative map. 29. 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 and entitlements 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 Subdivision Map Act, and including challenges to the Initial Study and Mitigated Negative Declaration for the Project, provided the City promptly notifies the subdivide of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 30. Agree to hold the City harmless from any liability for erosion, siltation, or increase flow of drainage resulting from this project. 31. Agree to ensure that all franchised cable television companies are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance 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. 32. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83). 33. Submit copies of the final map and improvement plan in a digital format such as (DFX) graphic file prior to approval of the final map. Provide a 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 on a 3-1/2-inch HD floppy disk prior to the approval of the final map. Fire: 34. Any home located more than 150 feet from the street to half the distance around the rear of the home shall be provided with either a 20-foot driveway with 6-inch reinforced concrete, or a fire sprinkler system. 3575 Resolution 2001-237 Page 9 Planning: 35. 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. 36. The final map shall be prepared by a licensed civil engineer, and shall incorporate all the conditions of approval and be completed to the satisfaction of the Director of Planning and Building. 37. Prior to any use of the project site or issuance of any building permits, all conditions of approval shall be completed to the satisfaction of the Director of Planning and Building. 38. A conceptual landscape plan for the landscape parkway street tree planting shall be prepared by a registered Landscape Architect per the City's Landscape Manual and shall be submitted for review with the grading plan submittal and shall be subject to the approval of the City's Landscape Planner. 39. Prior to issuance of grading permits, building envelopes shall be defined on each of the lots. 41. A fencing plan showing required fencing for panhandle lots (2 and 12) shall be submitted with the grading plan, and shall be reviewed and subject to the approval of the City's Landscape Planner. 42. Prior to issuance of building permits, the developer shall come to an agreement with the Sweetwater Union High School District, who is requesting that the project be annexed into the Community Facility District No. 10. 43. Prior to issuance of building permits, the developer shall pay all school fees and shall come to an agreement with the Chula Vista Elementary School District who is requesting that the developer annex the project into their new generic Community Facility District No. 10. 44. Ensure with all utilities that the location of all existing utility facilities will be protected in place prior to commencement of grading. All utilities shall be underground within the subdivision. 45. All Park and Recreation pad fees shall be paid at the issuance of the final map pursuant to Chapter 17.10 of the Chula Vista Municipal Code. 3576 Resolution 2001-237 Page 10 46. All building plans mast comply with 1998 Energy requirements, 1998 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and 1998 National Electrical Code. 47. Approval of this tentative subdivision map shall not waive compliance with all sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. 48. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this tentative map, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of the tentative map conditions where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this tentative map and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. VIII. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owners/applicant's desire that 7, Z,A c, / ~r Date IX. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, 3577 Resolution 2001-237 Page 11 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. Developer or a successor in interest gains no vested rights by the City's approval of this Resolution. X. iNVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert A. Leiter John/M.~aheny Planning and Building Director Cit~6l'torney 3578 Resolution 2001-237 Page 12 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of July, 2001, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Padilla Shirley Hort0fi, Mayor ATTEST: Susan Bigel~'~, 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. 2001-237 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 July, 2001. Executed this 24th day of July, 2001. Susan Bigelow, City Clerk ~ ~, ?-~ -~--~ -~ ' 3579 ~ / ', % SCHOOL . STREET COMMUNITY , ~ ~ ', CENTER ~/ ~ ~¢-~ CHULA VISTA _~ CHJRCd ~PARTMENTS __~ '~ k~¢~~ ,x ~ APARTIdENTS -- ,-~-' SOUTH BAY 5APTIS~ CdU, ,On ~ CAMELOT , , ~ APARTMENTS ICHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR I PROJECT TNT Services~ Inc. PROJECT~ESCR,PnON:  AP~,,O^N~: SUBDIVISION PROJECT Cedar Avenue and L Street ADDRESS: Request: Proposal for a 12 lot single family detached subdivision with 2 car garages in the R1 zone. SCALE: [ FILE NUMBER: NORTH No Scale PCS - 01 - 07 Related Case: IS-01-040