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HomeMy WebLinkAboutReso 1999-19704 RESOLUTION NO. 19704 RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL APPROV1NG AND IMPOSING CONDITIONS OF THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE TRAILS SOUTH TS-7, CHULA VISTA TRACT-00-01. I. RECITALS A. Project Site WHEREAS, the parcel which is the subject matter of this resolution is diagrammatically represented in Exhibit "A,' incorporated herein by this reference, and for the purpose of general description herein, consists of 8.9 acres located on the south side of Clubhouse Drive between future Silver Springs Drive and future Granite Springs Drive ("Project site"); and, B. Project; Application for Discretionary Approval WHEREAS, on August 9, 1999, Shea Homes ("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 EastLake Trails South TS-7, Chula Vista Tract -00-01 ("Project"); and WHEREAS, the project consists of a single lot containing 96 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 EastLake II General Development Plan, previously approved by City Council Resolution No. 15198; 2) The EastLake Trails Sectional Planning Area (SPA) Plan, previously approved by Resolution 19275 on November 24, 1998, 3) EastLake II (EastLake 1 expansion) Planned Community District Regulations and Land Use District Map, previously approved by Ordinance No.2765 on December 8, 1998 and 4) EastLake Trails Master Tentative Subdivision Map (TSM 99-03) which was approved by Resolution No. 19447 on May 4, 1999. D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on November 17, 1999, 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 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. Resolution 19704 Page 2 NOW THEREFORE BE IT RESOLVED that the City Council hereby find, determine and resolve as follows: lI. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this Project held on November, 17, 1999 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. Ill. COMPLIANCE WITH CEQA The City Council hereby determines this project was covered under previous FSEIR 97-04, EastLake Trails/Greens Replanning Program, and therefore no ~rther action is required in accordance with the requirements of the California 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 Sycamore Ridge Condominiums, Chula Vista Tract 00-01, is in conformance with the EastLake II General Development Plan, EastLake Trails Sectional Planning Area (SPA) Plan and the various elements of the City' s General Plan, based on the following findings: 1. Land Use The EastLake Trails SPA Plan (Site Utilization Plan) identifies the subject site as parcel R-5, with a development potential for 80-100 dwelling units and targeted for 92 dwelling units. The proposed 96 unit condominium project exceeds the 92-unit target, but falls within the 80-110 dwelling units permitted for this parcel. However, to insure that the overall SPA number of permitted dwelling units is not exceeded, staff has included a condition requiring that an administrative density transfer of 4 units from parcel R-6 to P-5 be made prior to approval of the first final map. 2. Circulation All on-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. A waiver was granted by the Engineering Department regarding the required tangents along the street in order to accommodate curvilinear street pattern. 3. Housing --, Resolution 19704 Page 3 Resolution No. 1571 adopted by the City Council on August 7, 1990, requires the master developer (EastLake) to provide ten percent of the total number of units allowed in the EastLake Trails Planned Community for low and moderate income households. In 1998, the City Council approved a comprehensive affordable housing program for the remaining buildable areas in EastLake which includes the EastLake Trails Neighborhood. The program outlines the number of units to be provided and the construction timing and delivery of units. The master developer is required to enter into an agreement with the City to provide the required affordable housing, as specified in the affordable housing program, prior to approval of the first final map in Phase II of the overall Trails Subdivision. 4. Conservation The previous environmental impact report, FSEIR 97-04, EastLake Trails/Greens Replanning Program, 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 Community trails will be constructed along Clubhouse Drive on the north side of the subject site. Said trail will provide connection to future public park. In addition, a pedestrian walk will be provided along Silver Springs Road to provide a connection to future open space/habitat conservation to the southeast. 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 meets the City Threshold Standards 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. Resolution 19704 Page 4 9. Scenic Highway The project is not adjacent to scenic highways. 10. Bicycle Routes No bicycle routes are required with the proposed development. An on-street bike lane is proposed along Clubhouse Drive, just north of the project site. 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. C. The configuration, orientation and topography of the site partially allows for the optimum sitting 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. 00-01, Resolution No. , and FSEIR 97-04 Mitigation Measures except as modified by this Resolution. B. Implement Mitigation Measures. Resolution 19704 Page 5 Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Supplemental Environmental Impact Report FSEIR 97-04. C. Implement previously adopted conditions of approval pertinent to project Unless otherwise conditioned, developer shall comply with all conditions of approval of the EastLake Trails Master Tentative Map, Chula Vista Tract 99-03, established by Resolution No. 19447 and approved by Council on May 4, 1999; and shall remain in compliance with and implement the terms, conditions and provisions of the EastLake Trails Sectional Planning Area (SPA) plan, General Development Plan, Planned Community District Regulations, Water Conservation Plan, Air Quality Improvement Plan, Residential Design Guidelines including landscaping criteria and Public Facilities Financing Plan and 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. --- D. Implement Public Facilities Financing Plan Developer shall install facilities in accordance with thee EastLake Trails Public Facilities Financing Plan, and 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 EastLake Trails Planned Community District Regulations and Design Guidelines, and as conditionally approved by the City' s Design Review Committee on October 18, 1999, as set forth in letter of conditional approval dated October 25, 1999. 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 prior to approval of any final map. The phasing plan shall include: 1. A site plan showing the phase lines and phase numbers and number of ~- dwelling units in each phase. Resolution 19704 Page 6 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. The City reserves the right to conditionally approve each final map and require improvements, facilities and/or dedications as necessary to provide adequate circulation 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: GENERAL/PRELIMINARY 1. The approval of all the Final Maps by the City Council will require compliance with the City's adopted threshold standards to the satisfaction of the Director of Planning and Building Director and the City Engineer. STREETS, RIGHTS-OF-WAY AND PUBLIC IMPROVEMENTS 2. Prior to the approval of any Final Map for any lot or unit, 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, which guarantee shall, at the option of the City, be bonded in a form satisfactory to the City. 3. Provide notarized letters of permission for all off-site grading and construction of improvements. 4. Designate all streets within the development to be private. Detailed horizontal and vertical alignment of the center line 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. 5. Design all street vertical and horizontal curves and intersection sight distances to conform to the Cultruns 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 complywiththe 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. Resolution 19704 Page 7 6. Construct sidewalks, pedestrian ramps on all walkways, and parking areas to meet "Americans with Disabilities Act" 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. 7. Submit and obtain approval prior to first final map by the Director of Planning and Building and City Engineer for all street names~ No two intersections shall have the same street name and street name suffixes shall comply with City standards. GRADING AND DRAINAGE 8. 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. 9. 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. 10. 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. 11. The subject property is within the boundaries of Assessment District Nos. 90-3, 94-1, and 91-1. The developer shall be responsible for all costs associated with reapportionment of assessments as a result of subdivision of lands within the project boundary. Thedeveloper shall request said reapportionment and shall provide a deposit to cover the initial costs prior to the approval of the First Final Map. 12. Submit calculations to demonstrate the adequacy of downstream drainage structures, pipes and inlets as required by the City Engineer. 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. 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. 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&R's conditions and restrictions to assure proper maintenance. Resolution 19704 Page 8 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 grading plans. 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. GRADING 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. 19. Submit "as-built" improvements and grading plans as required by the City Subdivision Manual. Additionally, provide the City said plans in a digital D.X.F. file format. AGREEMENTS 20. Agree to ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place condolt 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 ofcable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. 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. 22. Submit, prior to the approval of the first Final Map, evidence, acceptable to the City Engineer and the Director of Planning and Building the formation of a Homeowner's Association (HOA), or another financial mechanism acceptable to the City Manager. 23. 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 HOA formation documents shall be approved by the City Attorney. CC&R's for the Project shall be submitted to the Planning and Building Department for review and approval prior to approval of the first final map, and shall include: II F Resolution 19704 Page 9 a. Maintenance of all facilities located within open space, recreational or other common areas by the Homeowner' s Association to include, but not be limited to: walls, fences, lighting structures, paths, trails, access roads, recreational amenities and structures, drainage structures and landscaping. b. Include language in the CC&R's 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&R's establishing the HOA responsibility to maintain all perimeter fencing in accordance with the established guidelines set forth in the EastLake Trails 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&R's, with the authority, but not the obligation, to enforce the terms and conditions of the CC&R's. e. Include language in the CC&R's for the project specifying that individual owners may not modify the location, materials, height or otherwise alter the established rear yard fencing. f. Before any revisions to provisions of the CC&R's that may particularly affect the City, said revisions shall be approved by the City. 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&R's shall incorporate restrictions relating to architectural control and indicate to what extent, if any, exterior modifications may be made by the individual homeowner. k. The CC&R's shall include provisions assuring HOA membership in an advance notice ~ such as the USA Dig Alert Service in perpetuity. Resolution 19704 Page 10 MISCELLANEOUS 24. The boundary of the subdivision shall be tied to the California Coordinate System-Zone VI (1983). 25. Design configuration of the perimeter landscape area, plus the location, height and materials for any retaining or garden walls or combinations thereoF, subject to review and approval of the Zoning Administrator and the City Landscape Architect. 26. 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. 27. Prior to the approval of the first final map, prepare and submit for City approval, an amendment to the EastLake Trails Sectional Planning Area Plan to reflect the transfer of 4 units from parcel R-6 to parcel R-5. CODE REQUIREMENTS 28. 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. 29. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 30. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 31. 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 EastLake Trails South 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. 32. 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 19704 Page 11 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) Salt Creek Sewer Basin DIF as may be adopted by the City in the future. g) Telegraph Canyon Basin Drainage DIF. h) Salt Creek Basin Drainage DIF. i) Telegraph Canyon Sewer Pumped Flow DIF. Pay the amount of said fees in effect at the time of issuance of building permits. 33. 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. 34. Comply with section 19.56.020 of the Chula Vista Municipal Code in terms of required enclosed storage space requirements for each dwelling unit. 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 nay 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. Presented by Approved as to form by l_)fi . Kaheny Resolution 19704 Page 12 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 7th day of December, 1999, by the following vote: AYES: Councilmembers: Davis, Moot, Padilia, Salas and Hotton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Horton//Mayor 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. 19704 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 7'h day of December, 1999. Executed this 7th day of December, 1999. Susan Bigelow, City Clerk ATTACHMENT 5 ~:Site Utilization Plan / CPF .PROJECT FUTUnE LOCATION ~ R-2 R4 COMMUNITY PARK