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HomeMy WebLinkAboutReso 1997-18553 RESOLUTION NO. 18553 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING CONDITIONS ON TENTATIVE SUBDIVISION MAP VISTA DEL MAR, CHULA VISTA TRACT 96-06 I. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and commonly known as Tentative Subdivision Map Vista Del Mar, Chula Vista Tract 96-06; and for the purpose of general description herein consists of 3.46 acres located on the west side of Del Mar Avenue between Nixon Place and Shirley Avenue in the R-1 zone ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on June 17, Dan Irwin ("Developer") filed an application with the Planning Department of the City of Chula Vista requesting approval of the tentative subdivision map in order to subdivide said property into 15 single family detached residential lots (two of which are panhandle lots) served by the widening of Del Mar Avenue and extending a new cul-de-sac street westerly from Del Mar Avenue ("Project"); and Co Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on November 13, 1996, and voted (6-0) to recommend that the City Council approve the Project, based upon the findings and subject to the conditions listed below; and D. City Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on January 14, 1997, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same. WHEREAS 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 introduced before the Planning Commission at their public hearing on the Project held on November 13, 1996 and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. Resolution 18553 Page 2 III. COMPLIANCE WITH CEQA The City Council does hereby find that the Initial Study, IS-96-33 has been prepared in accordance with requirements of the California Environmental Quality Act and Environmental Review Procedures of the City of Chula Vista and, based on the findings and determinations set forth therein, hereby adopts the Negative Declaration prepared in connection therewith. IV. TENTATIVE SUBDIVISION MAP FINDINGS/APPROVAL 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 Vista Del Mar, Chula Vista Tract No. 96-06 is in conformance with the various elements of the City of Chula Vista General Plan, based on the following: The project is in substantial conformance with the Chula Vista General Plan Elements as follows: 1. Land Use: The density of the project of 4.0 dwelling units per acre is consistent with Low Medium Residential Density Land Use 3-6 DU's/Acre designation of the General Plan. 2. Circulation: The lots will be served by the widening of Del Mar Avenue and the installation of a new cul-de-sac street. The panhandle lots will be served by a private driveway. 3. Housing: The project will provide additional housing consistent with the zoning and development pattern in the neighborhood. 4. Conservation: The project site has been previously developed and there are no sensitive plant species found on the property, 5. Parks and Recreation, Open Space: The developer will be required to pay the Park Acquisition and Development fee with Final Map approval. 6. Seismic Safety: The project site is not adjacent to a located or inferred earthquake fault, 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 units will be required to meet the interior noise level standards of the Uniform Building Code. 9. Scenic Highway: The project site is not located adjacent to a designated scenic highway. Resolution 18553 Page 3 10. Bicycle Routes: The project site is located within a single family residential area and is not required to provide a separate bicycle lane. 11. Public Buildings: No public buildings are proposed on the project site. The project is subject to RCT fees prior to issuance of building permits. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the City 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 in light of the findings above, the City Council does hereby approve the Tentative Subdivision Map subject to the conditions set forth below. A. Tentative Subdivision Map Conditions Prior to approval of the final map unless otherwise indicated, the developer shall: GENERAL/PRELIMINARY 1. 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 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 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, signs, and fire hydrants. 2. Install off-site public street improvements including, but not limited to, pavement, curb, gutter, and street lights along the easterly portion of Del Mar Avenue from the end of existing improvements north of proposed Vista del Mar Court to Shirley Street. Resolution 18553 Page 4 3. Secure, in accordance with City standards, prior to approval of the final map the construction of all public street improvements deemed necessary by the City Engineer to provide service to the subject subdivision. 4. Present written verification to the City Engineer from Sweetwater Authority that the subdivision will be provided adequate water service and long term water storage facilities. 5. Provide minimum 12' wide paved access to all public drainage facilities and storm drain clean outs to the satisfaction of the City Engineer. 6. Provide paved access (minimum 12' width) to all public sewer manholes necessary to serve the subdivision. Design access road to accommodate H-20 wheel loads and maximum 15% grade to the satisfaction of the City Engineer. 7. Install fire hydrants as determined by the City Fire Marshal. Said hydrant locations shall be shown on the improvement plans. GRADING/DRAINAGE 8. Submit and obtain approval by the City Engineer of precise grading plans prepared by a registered civil engineer. 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. 9. Submit and obtain approval by the City Engineer for an erosion and sedimentation control plan as part of grading plans. 10. Show the location of existing cut/fill lines on grading plans unless otherwise approved by the City Engineer. 11. Submit a list of proposed lots indicating whether the structure will be located on fill, cut, or a transition between the two situations prior to approval of the final map. 12. Design all retaining walls to Chula Vista standards as determined by the City Engineer. Show details for non-standard wails on the grading plans and submit structural calculations for said walls for review and approval prior to issuance of a grading permit. Include design recommendations for retaining walls in the soils report for the project. 13. Submit a detailed geotechnical report prepared and signed and stamped by both a registered civil engineer and certified engineering geologist prior to approval of grading plans and issuance of a grading permit. Said report shall include a structural analysis of the existing retaining wall along the westerly boundary of the subdivision. The analysis shall determine whether the existing retaining wall is adequate for the changing surcharge loads due to the proposed grading. Resolution 18553 Page 5 14. 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 other development permit. Design of the drainage facilities shall consider existing drainage patterns. The drainage study shall show how downstream properties are currently impacted. Said study shall include all area from the project to a point downstream where said runoff is collected in a public drainage system. The extent of the study shall be as approved by the City engineer. 15. Submit a detailed hydraulic study including inlet size and dry lane calculations prior to approval of grading or improvement plans. EASEMENTS 16. Dedicate for public use all streets shown on the tentative map within the subdivision boundary. 17. Indicate on the final map a reservation for future reciprocal access and use easements between the owners of Lots 5 & 6. Said easement shall include the proposed driveway access and parking area shown on the tentative map. 18. Dedicate to the City on the final map drainage and sewer easements for any public sewer and/or drainage facilities located outside the proposed public right-of-way. Minimum widths of said easements shall be 15 feet or as determined by the City Engineer. 19. Grant to the City a 5.5 foot wide street tree planting and maintenance easement along all public streets within the subdivision. 20. Obtain and grant to the City drainage and sewer easements for any public drainage and/or sewer facilities required to serve the proposed development that are located on private offsite property. 21. Obtain and grant to the City right-of-way required to install full street improvements along the easterly portion of Del Mar Avenue from Vista del Mar Court to Shirley Street. 22. The developer shall notify the City at least 60 days prior to consideration of the final map by City if off-site right-of-way or easements cannot be obtained as required by the Conditions of Approval. After said notification, the developer shall: a. Pay the full cost of acquiring off-site 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. Resolution 18553 Page 6 c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete that 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 off-site improvements or work related to the tentative map. The developer 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 the approval of the final map. AGREEMENTS 23. 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. 24. Agree to defend, indemnify and hold harmless the City, its agents, officers and employees from any damage, expense, claim, liability or cost (including attorney's fees) arising from, for erosion, siltation or increase flow of drainage resulting from this project. 25. 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 companies as same may have been, or may from time to time be issued by the City of Chula Vista. MISCELLANEOUS 26. Tie the boundary of the subdivision to the California System -Zone VI (NAD '83). 27. Submit copies of the final map and improvement plan in a digital format such as (DXF) graphic file prior to approval of the 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 t .: Guidelines for Digital Submittal in duplicate on 3- ~ HD floppy disk prior to the approval of the Final Map. Resolution 18553 Page 7 Code requirements to be included as Conditions of Approval: 28. Comply with all applicable Federal, State and local laws, any and all rules and regulations including sections of the Chula Vista Municipal Code and the Uniform Building 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. Fencing shall be provided on both sides of the access driveway serving lots 5 and 6. Said fencing shall be subject to approval by the Planning Department and shall be decorative in nature and substantial in construction to minimize its maintenance. 30. Any fencing installed at or near the top of slope on lots 6, 8, 9 and 10 shall have a gate on each lot in order that the slopes may be accessible from above for maintenance of the slope planting and removal of debris. This condition shall be incorporated into the recorded Covenants, Conditions and Restrictions (CC&R) and shall apply to all owners including successors in interest. 31. Landscape and irrigation construction drawings shall be reviewed and approved by the Director of Planning. Any developer-installed landscaping shall prescribe to xeriscape design principles whenever possible. 32. A retaining wall shall be provided along the northerly property line of Lot 1 and the southerly lot line of Lot 15 for the purpose of eliminating the proposed down slopes in those areas, unless an alternative grading plan is submitted eliminating said down slopes. 33. Any retaining walls over 4 feet in height should be designed to provide the ability to easily get to the top of the wall for maintenance of the slopes. 34. Any retaining wall shall maintain a minimum 8 foot setback from the back of the sidewalk. This restriction shall be reflected in the CC&R's for each affected lot. 35. The typical street planting pattern for corner lots shall be one tree street for each street frontage. 36. Noise: The units will be required to meet the interior noise level standards of the Uniform Building Code. V. 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, 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 Resolution 18553 Page 8 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. VI. 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, provision, or conditions are determined by a Court of competent jurisdiction top be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect without further action. VII. NOTICE OF DETERMINATION. City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk, Presented by Approved as to form by Robert A. Leiter J . Kaheny Director of Planning orne Resolution 18553 Page 9 Resolution 18553 Page 10 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of January, 1997, by the following vote: AYES: Councilmembers: Moot, Padilia, Rindone, Salas, and Hotton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None /~hirley Horton, Mayor ATTEST: Beverly~.Autt~elet, 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. 18553 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of January, 1997, Executed this 14th day of January, 1997. 'T ......... T ' l'[?