HomeMy WebLinkAboutReso 2001-375 RESOLUTION NO. 2001-375
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO
CONDITION NO. 80 OF THE TENTATIVE SUBDIVISION
MAP FOR EASTLAKE III, CHULA VISTA TRACT 01-09
APPROVED BY COUNCIL RESOLUTION NO. 2001-269
WHEREAS, staff is ready to issue a grading permit for certain areas of Eastlake III
proposing the diversion of drainage runoff from the Otay Lakes towards Salt Creek; and
WHEREAS, current Condition No. 80 requires Eastlake to provide monetary
compensation to the City of San Diego prior to issuance of any grading permit for the diverted
areas; and
WHEREAS, said requirement cannot be met at this time because the City of San Diego
has not yet determined the amount of said monetary compensation; and
WHEREAS, in a recent letter, the City of San Diego has advised that they do not object
to the issuance of grading permits for the proposed diversion areas and has requested that
compliance with this condition be deferred to building permits; and
WHEREAS, staff is recommending an amendment to Condition No. 80 requiring the
provision of said monetary compensation prior to issuing building permits for the Eastlake III
project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve an Amendment to Condition No. 80 of the Tentative Subdivision Map
for Eastlake III, Chula Vista Tract 01-09 approved by Council Resolution No. 2001-269 as set
forth in Attachment 3, attached hereto and incorporated herein by reference as if set forth in full.
Presented by Approved as to form by
Joh i J~M. Kaheny ~'
Public Works Director C'~ty Attorney
Resolution 2001-375
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of November, 2001, by the following vote:
AYES: Councilmembers: Davis, Padilla, Rindone, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: Horton
Patty~D~~
ATTEST:
Susan Bigelow, City Clerk '~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2001-375 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 6th day of November, 2001.
Executed this 6th day of November, 2001.
Susan Bigelow, City Clerk
Attachment 3
· ORIGINAL CONDITION OF APPROVAL No. 80 OF THE TENTATIVE
SUBDIVISION MAP FOR EASTLAKE III, CHULA VISTA TRACT No 01-09,
APPROVED BY COUNCIL RESOLUTION No 2001-269
Prior to approval of the first grading permit for the Project (including off-site
areas) draining towards the Upper or Lower Lake Reservoirs, the Developer shall
provide written evidence, acceptable to the City Engineer, demonstrating that
financial arrangements have been made with the City of San Diego regarding
monetary compensation for any water loss resulting from the proposed diversion
of drainage runoff from the Otay Lakes watershed. Said financial arrangements
shall be in a form approved by the City Engineer and Director of Planning and
Building.
· AMENDED CONDITION OF APPROVAL No. 80 OF THE TENTATIVE
SUBDIVISION MAP FOR EASTLAKE III, CHULA VISTA TRACT No 01-09,
APPROVED BY COUNCIL RESOLUTION No 2001-269
Prior to approval of the first building permit within the area naturally draining
towards the Otay Lakes Reservoirs in the Project, the Developer shall provide
written evidence, acceptable to the City Engineer, demonstrating that financial
arrangements have been made with the City of San Diego regarding monetary
compensation for any water loss resulting from the proposed diversion of
drainage runoff from the Otay Lakes watershed. Said financial arrangements
shall be in a form approved by the City Engineer and Director of Planning and
Building. In the event that Developer desires to pull building permits for the
Project and that no financial arrangements have been reached between the City of
San Diego and Developer regarding said monetary compensation, the City of
Chula Vista may issue building permits if the Developer provides both of the
following items:
1. Evidence acceptable to City Engineer demonstrating that developer has
negotiated in good faith with the City of San Diego regarding said monetary
compensation; and
2. A cash deposit guaranteeing said monetary compensation to the City of San
Diego. The amount of said cash deposit shall be determined by the City
Engineer at his/her sole discretion and shall be sufficient to cover the
estimated amount of the monetary compensation to the City of San Diego.
City shall hold the cash deposit until financial arrangements regarding said
monetary compensation have made with the City of San Diego, and expend
said cash deposit solely for providing monetary compensation to the City of
San Diego in the event of developer's default in providing the required
monetary compensation. Any unexpended amount of said cash deposit,
included any interest earned, shall be released to the Developer upon
fulfillment of the monetary compensation requirement.
J:SEngineer~AGENDA\New Condition No. 80a.doc