HomeMy WebLinkAboutReso 1998-18979 RESOLUTION NO. 18979
RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA
APPROVING A MODIFICATION TO CONDITION #86 OF
TENTATIVE MAP PCS-97-02, MCMILLIN OTAY RANCH SPA
ONE, AND ADDING FURTHER CONDITIONS THERETO RELATING
TO INDIVIDUAL HOMEOWNER MAINTENANCE OF PARKWAYS
WHEREAS, a duly verified application for modification of a Tentative Map condition
of approval was filed with the Planning Department of the City of Chula Vista on February 27,
1998 by McMillin D.A. America Otay Ranch, LLC; and,
WHEREAS, said application requests modification Condition #86 of Tentative Map PCS-
97-02, McMillin Otay Ranch SPA One, in order to allow individual homeowner maintenance
of parkways; and,
WHEREAS, the Environmental Review Coordinator has determined that the project is
exempt from environmental review under CEQA as a Class 4(b) exemption; and,
WHEREAS, the Planning Commission held an advertised public hearing on said
amendments on April 8, 1998 and voted 4-1-1-1 to recommend that the City Council approve
the Project; and,
WHEREAS, the City Clerk set the time and place for a hearing on said Municipal Code
Amendments and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the city at least ten days prior to the
hearing; and,
WHEREAS, the hearing was held at the time and place, namely April 28, 1998 at 6:00
p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing
was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does find and ordain as
follows:
SECTION h Findings.
That the City Council hereby finds that the proposed modification of a Tentative Map
condition of approval is consistent with the various elements of the General Plan as cited in
the original Resolution of approval for the project; and,
That the City Council wishes to add certain conditions to provide further assurance of
compliance of individual homeowners with parkway maintenance standards.
SECTION Ih Conditions of Approval.
That the proposed modification of condition #86 of Resolution 18686 approving Tentative
Map PCS-97-02 is hereby approved as follows:
86. Ensure that all buyers of lots fronting residential streets constructed in accordance
with Condition A sign a statement, when purchasing their homes, stipulating that (1)
they area aware that t-;,,, individual homeowner will be responsible for the
maintenance of the landscaping improvements located between the curb and the
Resolution 18979
Page 2
sidewalk (!~c!udi.~ excluding City approved trees), and (2) they shall not replace or
remove any trees planted between the curb and the sidewalk without approval of the
City. These provisions shall be incorporated in the CC&Rs for each lot.
That condition #21 shall also be modified as follows:
21. Prior to the approva~ of the final "B" Map containing parkways, the Developer shall
agree to plant trees within all street parkways, and street tree easements which have
been selected from the revised list of appropriate tree species described in the Village
Design Plan which shall be approved by the Directors of Planning, Parks and
Recreation, and Public Works. The applicant shall provide root control methods per the
requirements of the Parks and Recreation Director, installan irrigation line from each
individual home to the adjacent parkway, and provide 3rid a deep watering irrigation
system for the trees. The improvement plans, including final selection of street trees,
for the street parkways shall be approved by the Directors of Planning, Parks and
Recreation and the City Engineer.
That conditions #126 through #130 shall be added as follows:
126. The developer agrees to install irrigation and landscaping for each parkway prior to
owner occupancy of the residence, in accordance with plans submitted to, and
reviewed and approved, by the Planning Department.
127. Prior to approval of the appropriate final maps, CC&Rs for the project shall be
submitted to the Planning Department for review and approval, and shall include
provisions which clearly indicate the responsibility of the individual homeowners to
water and maintain irrigation and planting within the parkways. The CC&Rs shall also
indicate that the Master Homeowner's Association shall have both the authority and
the obligation to enforce said maintenance.
128. Homeowner Landscape Guidelines for Parkway Landscape Maintenance shall be
submitted to the City for review and approval, and shall be included as an attachment
to the CC&Rs, thereby providing specific maintenance guidelines as an integral part of
the CC&R documents.
129. The City of Chula Vista shall be named as party to the CC&Rs, with the authority, but
not the obligation, to enforce the terms and conditions of the CC&Rs.
130. The CC&Rs for the project shall include language which prohibits individual residents
from modifying the parkway planting.
SECTION III: That all original conditions of Resolution 18686 approving Tentative Map
PCS-97-02 shall remain in effect, except as herein modified.
Presented by Approved as to form by
Robert A. Leiter J ~ eny (~
Planning Director ~
Resolution 18979
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of April, 1998, by the following vote:
AYES: Councilmembers: Padilia, Rindone, and Salas
NAYES: Councilmembers: Horton
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Moot
Shij~rleyH'~ton,J, Mt~ayoMayor
ATTEST:
Beverly/~Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18979 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 28th day of April,
1998.
Executed this 28th day of April, 1998.
Beverly 2~uth~let, City Clerk