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HomeMy WebLinkAboutReso 1998-19014 RESOLUTION NO. 19014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING NEGATIVE DECLARATION AND GRANTING APPROVAL OF A TENTATIVE MAP TO ALLOW THE SUBDIVISION OF 5.25 GROSS ACRES INTO 28 SINGLE FAMILY LOTS RANGING IN SIZE FROM 5,000 TO 8,300 SQUARE FEET ON THE SOUTH OF EAST "J" STREET BETWEEN RIVER ASH DRIVE AND THE CURRENT TERMINUS OF WILD OAK ROAD OFF OF PASEQ LADERA. I. RECITALS A. Project Site WHEREAS, the parcel which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description herein, the Project consists of 5.25 acres located on the south side of East ,j,, Street between River Ash Drive and the current terminus of Wild Oak Road off of Paseo Ladera ("Project site"); and B. Project Applicant WHEREAS, on a duly verified application for a tentative map (PCS 98-07) with respect to the Project Site was filed with the city of Chula Vista Planning Department by Western Pacific Housing ("Applicant") on December 18, 1998; and C. Project Description; Application for Tentative Map/SPA Amendment WHEREAS, Applicant requests permission to subdivide 5.25 acres into 28 lots on the Project Site; and D. Environmental Determination WHEREAS, in accordance with the requirements of CEQA, the Environmental Review Coordinator has determined that the Project requires the preparation of an Initial Study and a Habitat Conservation Plan, such initial study (IS 98-23) was prepared, and based on such study a Mitigated Negative Declaration was prepared and circulated for public review; and E. Resource Conservation Commission Record on Application WHEREAS, the Resource Conservation Commission considered the Negative Declaration based on IS 98-23 voted 5-0-0-1 not to recommend adoption of the Negative Declaration; and F. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on May 13, 1998 and voted 4-0-3 adopting Resolution PCS-98-07 and PCM Resolution 19014 Page 2 98-33 recommending that the City Council adopted Negative Declaration IS-98-23, and approve the tentative map and amendment to the Specific Plan; and G. City CouncU Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on May 26, 1998 to receive the recommendation of the RCC and Planning Commission, and to hear public testimony with regard to the same. II. 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 May 6, 1998 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. COMPLIANCE WITH CEQA In accordance with the requirements of CEQA, the City Council hereby adopts the Mitigated Negative Declaration issued on ~S-98-23. 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 Bella Nevona, Chula Vista Tract 98-07 is in conformance with the Ranchero Sectional Planning Area Plan, as amended, and the elements of the City's General Plan, based on the following findings: 1. Land Use The Ranchero Sectional Planning Area has an overall holding capacity of 415 units. Currently, there are 369 lots created within the El Rancho Del Rey Development. As a result, the proposed 28 lots is within the limits of the overall holding capacity. In addition, the SPA plan is being amended concurrently to allow the development standards proposed with this Map. 2. Circulation All of the on-site streets required to serve the subdivision will be constructed. 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 project is an infill project surrounded by residential development and does not involve any public facilities that would induce any further substantial grown. The project site does not involve any existing housing that would be displaced. The project Resolution 19014 Page 3 will provide additional housing consistent with the zoning and development patterns of the neighborhood. 4. Conservation The developer has prepared a Habitat Conservation Plan (HCP) and has received an incidental take permit from U.S. Fish and Wildlife Service (USFWS) pursuant to Section 10(a)(1 )(B) of the Endangered Species Act of 1973, as amended (ESA). This permit authorizes the take of 1 pair of coastal gnatcatchers in association with the proposed single family residential development of the project site. 5. Parks and Recreation, {::)pen Space The developer will be required to pay the Park Acquisition and Development Fee with the Final Map approval, 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. The main trace of the La Nacion Earthquake fault, a potentially active fault is 1/2 miles to the west and would nor directly nor indirectly impact the project site. The site is not currently within a mapped Earthquake Fault Zone. 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 proposal 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 65 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 No bicycle routes are required with the proposed development. The recently created parcel map (Tentative Parcel Map 98-05) requires, as a condition of approval, that the developer of said parcel map provide a bikeway on East "J" Street along project frontage. Resolution 19014 Page 4 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. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Project subject to the general and special conditions set forth herein. V. TENTATIVE SUBDIVISION MAP CONDITIONS OF APPROVAL Prior to approval of the final map unless otherwise indicated, the developer shall: STREETS, RIGHTS-OF-WAY, AND PUBLIC IMPROVEMENTS 1. The following street improvements shall be constructed: a. Construct East "J" Street to Class II Collector roadway standards in accordance with City of Chula Vista Drawing Nos. 94-202 and 94-205. b. Construct missing off-site street improvements along the full frontage of the north side of East "J" Street between River Ash Drive and Red Oak Place. 2. Provide a Class III Bikeway within East "J" Street. Normally, Class III Bicycle Routes share the right-most traffic lane with motor vehicles and are posted with "Bike Route" street signs only. 3. Enter into an agreement with the Otay Water District for water facility improvements extending to and connecting with the existing water mains within East "J" Street at the easterly subdivision boundary and at River Ash Drive. Install new domestic water service. 4. Design and construct all public improvements in accordance with Chula Vista Design Standards, Chula Vista Street Standards, and the Chula Vista Subdivision Manual, Resolution 19014 Page 5 unless otherwise approved by the City Engineer. Submit improvement plans detailing horizontal and vertical alignment of said public improvements for the review and approval of the City Engineer. 5. Said public improvements shall include, but are not limited to, asphalt concrete pavement, crushed aggregate base, concrete curb, gutter and sidewalk, sewer and water utilities, drainage facilities, street lights and signs, street knuckles and fire hydrants. 6. Guarantee, prior to approval of the Final Map, the construction/installation of all improvements within the subdivision (streets, sewer, drainage, utilities, etc.) deemed necessary to provide service to the subject subdivision in accordance with City standards. 7. Submit and obtain preliminary approval for proposed street name(s) from the Director of Planning and the City Engineer. Street name(s) shall be subject to approval by the Planning Commission. Dedicate to public use rights-of-way for aU streets shown on the Tentative Map within the subdivision. Approved street name(s) shall be shown on the Final Map. 8. Relocate the existing street light on East 'J" Street near the westerly subdivision boundary to the north side of East "J" Street at its intersection with the proposed residential street within the subdivision. Add an additional street light at property line 4/5. All street light locations shall be subject to review and approval by the City Engineer. 9. Construct sidewalks and pedestrian ramps on all walkways to meet or exceed "Americans with Disabilities Act" standards. 10. Prior to approval of the Final Map, present written verification to the City Engineer from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities, 11. The proposed residential street within the subdivision which intersects East "J" Street must meet intersection design sight distance requirements in accordance with City standards. GRADING AND DRAINAGE 12. Submit for approval by the City Engineer, a detailed grading plan in accordance with the Chula Vista Grading Ordinance No. 1797, as amended. 13. An erosion and sedimentation control plan shall be prepared as part of the grading plans. 14. Prior to approval of the grading plan and the issuance of a grading permit, submit a soils/geologic report for review by the City Engineer. 15. Submit hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate Resolution 19014 Page 6 the adequacy of downstream drainage structures, pipes and inlets. Private drainage systems within 1, 2, and 3 shall be designed to convey 100-year design storm flows under open channel flow conditions. 16. Storm drains shall be designed in accordance with the Subdivision Manual and Chula Vista Grading Ordinance No. 1797, as amended. 17. Provide improved access to all storm drain cleanouts, or as approved by the City Engineer. 18. Design storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution to the satisfaction of the City Engineer. Subsequent owners of Lots 1,2, 3, and 4 shall be informed of, and provided a copy of, the Chula Vista Municipal Code Chapter 14.20 regarding non-storm water discharge prohibitions, including, but not limited to, the discharge of oil, pesticides, fertilizers, herbicides, wash waters, and chlorinated swimming pool water. 19. Lot lines shall be located at the tops of slopes, except as approved by the City Engineer. Lots shall be graded to drain to the street or an approved drainage system. Runoff/drainage shall not be permitted to flow over slopes. 20. Ten feet-wide private storm drain easements shall be granted on the Final Map for the benefit of Lots 1, 2, and 3 in conformance with the requirements of Chula Vista Municipal Code Section 18.20,150. Concrete-lined drainage ditches shall not be constructed over private storm drain pipes. 21. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Planning Director. 22. Prior to approval of Final Map, the developer shall submit a list of proposed lots indicating whether the structure will be located on fill, cut, or a transition between the two situations. 23. The inclination of each cut or fill surface resulting in a slope shall not be steeper than 2:1 (two horizontal to one vertical) except for minor slopes as herein defined. All constructed minor slopes shall be designed for proper stability considering both geological and soil properties. A minor slope may be constructed no steeper than one and one-half horizontal to one vertical (1.5:1) contingent upon: a. Submission of reports by both a soils engineer and a certified engineering geologist containing the results of surface and subsurface exploration and analysis. These results should be sufficient for the soils engineer and engineering geologist to certify that in their professional opinion, the underlying bedrock and soil supporting the slope have strength characteristics sufficient to provide a stable slope and will not pose a danger to persons or property, and b. The installation of an approved special slope planting program and irrigation system. Resolution 19014 Page 7 c. A "Minor Slope" is defined as a slope four (4) feet or less in vertical dimension in either cut or fill, between single family lots and not parallel to any roadway. AGREEMENTS 24. Prior to approval of the Final Map, the developer shall agree that the City may withhold building permits for the subject subdivision if any one of the following occur: a. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. b. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. 25. Prior to approval of the Final Map, the developer shall agree to comply with that version of the Growth Management Ordinance in effect at the time a building permit is issued. 26. Prior to approval of the Final Map, the developer shall agree to install fire hydrants as required by the City Fire Marshall. Further, in compliance with Chula Vista Municipal Code Section 15.36.030, the developer shall agree to install, test and operate all fire hydrants prior to the delivery of any combustible materials. 27. Prior to approval of the Final Map, the developer shall agree to prepare, submit and obtain approval by the Director of Planning of a construction phasing plan. 28. Prior to approval of the Final Map, the developer shall agree to comply with al~ applicable sections of the Chula Vista Municipal Code. 29. Prior to approval of the Final Map, the developer shall 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 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. 30, Prior to approval of the Final Map, the developer shall agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 31, Prior to approval of the Final Map, the developer shall agree to ensure that all franchised cable television companies ("Cable Company") 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 Resolution 19014 Page 8 companies as same may have been, or may from time to time be issued by the City of Chula Vista. 32. Prior to approval of the Final Map, the developer shall provide security to guarantee the construction/installation of full public street improvements for East 'J" Street and the residential street within the subdivision. OPEN SPACE/ASSESSMENTS 33. Prior to approval of the Final Map, agree to an increase of assessments imposed pursuant to Open Space District No. 10 and agree to complete all requirements of Proposition 218 as it relates to imposing an increase for such assessments. 34. Prior to approval of the Final Map, submit all Special Tax and Assessment disclosure forms for the approval of the City Engineer. 35. The developer shall be responsible for installation of street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. The use of cones shall be included where necessary to reduce the impact of root systems disrupting adjacent sidewalks and rights-of-way. EASEMENTS 36. Grant on the Final Map a minimum 20' wide easement to the City of Chula Vista for construction and maintenance of sewer and storm drain facilities within Lots 4, 11 & 24. 37. Grant on the Final Map a 5.5 feet-wide street tree planting and maintenance easement along all public streets within the subdivision to the City. Said easement shall extend from the property line and shall contain no slope steeper than 5:1 (horizontal to vertical ratio), unless otherwise shown on the Tentative Map. MISCELLANEOUS 38. Submit copies of Final Maps, improvement plans and grading plans in a digital format such as (DXF) graphic file prior to approval of each Final Map. Provide Computer Aided Design (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 5-1/4" HD or 3-1/2" disks. Submit as-built improvement and grading plans in digital format. Provide security to guarantee the ultimate submittal of improvements and grading digital files. Update electronic files after any construction pen and ink changes to the grading or improvement plans and resubmit to the City. 39. Tie the boundary of the subdivision to the California Coordinate System - Zone VI (1983). 40. In order to provide more usable area, the rear yard of Lot 13 shall be increased by up to eight feet through the use of retaining walls no higher than four feet in height. Resolution 19014 Page 9 41. In order for consistency with the front yard of Lot 26, and to provide more openness to the cul-de-sac design, the front yard setback for Lot 23 shall be thirty feet from the front property line. 42. Submit a comprehensive fencing plan to the Planning Department for review and approval by the Director of Planning. 43. Submit a comprehensive street tree plan to the Planning Department for review and approval by the Director of Planning. 44. Submit to the Director of Planning a copy of the proposed CC & R's for the project for review and approval by the Director of Planning. Said CC & R's shall include a)prohibition of external television antennas; b) prohibition against garage conversions and c) require a gate be installed for any fence constructed at the top of slope in the rear of Lots 1-3 in order to provide access to the rear of the property. 45. Obtain for submittal to the City, from all corresponding school districts, a "will serve" letter or make other arrangements approved by the school districts. 46. Comply with all mitigation measures as outlined in the mitigation monitoring program issued for Negative Declaration prepared for IS 98-23, incorporated herein by reference. 47. Submit site plan and architectural elevations of the proposed single family dwelling units to the Planning Department for review and approval to ensure the product will conform to all the required development standards and be architecturally compatible with the surrounding development. 48. Pay applicable park fees per PDO (Park Dedication Ordinance) 49. The property owner shall notify the City at least 60 days prior to consideration of the Final Map by City if offsite right of way cannot be obtained as required by the Conditions of Approval. (Only offsite right of way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition). After said notification, the owner shall: a. Pay the full cost of acquiring offsite right of way or easements required by the Conditions of Approval of the Tentative Map. b. Deposit with the City the estimated cost of acquiring said right of way or easements. Said estimate to be approved by the City Engineer. c. Have all easement and/or right of way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings. d. If the developer so requests, the City may use its powers to acquire right of way, easements or licenses needed for offsite improvements or work related Resolution 19014 Page 10 to the tentative map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. The requirements of a, b and c above shall be accomplished prior to approval of the Final Map. All offsite requirements which fall under the purview of Section 66462.5 of the State Subdivision Map Act will be waived if the City does not comply with the 120 day time limitation specified in that section of the Act. CODE REQUIREMENTS TO BE INCLUDED AS CONDITIONS OF APPROVAL: Chula Vista Municipal Code requirements to be included as Conditions of Approval: 50. 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. 51. All utilities serving the subject subdivision and existing utilities located within or adjacent to the subdivision shall be underground in accordance with City Code requirements. Further, all new utilities serving the subdivision shall be underground prior to the issuance of Building Permits. 52. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. SR-125 impact fee. e. Telegraph Canyon Drainage Basin Fee (Prior to the approval of the Final Map). f. Telegraph Canyon Sewer Basin Fee. 53. The developer shall 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 demonstration said compliance as required by the City Engineer. 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 cornpliance 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. Resolution 19014 Page 11 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 Planning Director .. Resolution 19014 Page 12 Resolution 19014 Page 13 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 26th day of May, 1998, by the following vote: AYES: Councilmembers: Moot, Padilia, Rindone, Salas and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ATTEST: ~Auth~let, City Clerk STATE OF CALIFORNIA ) COUNTY QF SAN DIEGO ) CITY QF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19014 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 26th day of May, 1998. Executed this 26th day of May, 1998. thelet, City Clerk