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HomeMy WebLinkAboutReso 1997-18570 RESOLUTION NO. 18570 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE RANCHO DEL REY SPA III SECTIONAL PLANNING AREA (SPA) PLAN GENERAL DEVELOPMENT PLAN, WATER CONSERVATION PLAN AND AIR QUALITY IMPROVEMENT PLAN TO ALLOW A 52 UNIT DENSITY TRANSFER FROM PARCEL R-7c TO PARCEL R-6 (PCM-97-01); AND APPROVING AND IMPOSING CONDITIONS ON TENTATIVE SUBDIVISION MAP CHULA VISTA TRACT 97-01 (PCS-97-01), APPROVING AN APPEAL OF THE DESIGN REVIEW COMMITTEE'S DECISION TO DENY THE SITE PLAN, ARCHITECTURE FOR A 246-UNIT DEVELOPMENT ON 15.2 ACRES OF THE SUBJECT SITE (DRC-97-01), AND ADOPTING ADDENDUM TO FEIR-89-10 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 Rancho Del Rey SPA III Parcel R-6 and OS-7; and for the purpose of general description herein consists of 28.8 acres located on the south side of East "J" Street between Paseo Ranchero and Vaquero Ct. within the Rancho Del Rey SPA III Planned Community ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on September 30, 1996 Rancho Del Rey Investors, L.P. ("Owner") filed applications with the Planning Department of the City of Chula Vista requesting approval of amendments to the Rancho Del Rey SPA III Sectional Planning Area (SPA) Plan, General Development, Plan and Planned Community District Regulations, Rancho Del Rey SPA III Water Conservation Plan and Rancho Del Rey Air Quality Improvement Plan. The applications also request approval of a tentative subdivision map represented in Exhibits B-l, B-2 and B-3 in order to subdivide 15.2 acres of Parcel R-6 into 3 lots containing a total of 246 condominium dwelling units and a 10.6 acre open space lot. ("Project"); and C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of 1 ) a Specific Plan, El Rancho Del Rey Specific Plan previously approved by City Council; 2) the Rancho Del Rey SPA III Sectional Planning Area Plan, previously adopted by City Council Resolution No. 15993 ("SPA"); 3) a Master Tentative Subdivision Map, previously approved by City Council Resolution No. 16222 ("TSM"), Chula Vista Tract 90-02; 4) an Air Quality Improvement Plan, Rancho Del Rey SPA III Air Quality Improvement Plan (AQIP); and 5) a Water Conservation Plan, Resolution 18570 Page 2 Rancho Del Rey Water Conservation Plan (WCP); both previously approved by City Council Resolution Nos. 16220 and 16219, respectively on July 9, 1991. D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on December 1 I, 1996, and voted (2-2) not to forward a recommendation to the City Council on a proposal to amend the Rancho Del Rey SPA III Sectional Planning Area (SPA) Plan, a Tentative Subdivision Map application and an appeal of the decision of the Design Review Committee to deny the site plan and architecture of the proposed project; and E. 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 21, 1997 and continued to February 18, 1997 to receive further input from staff regarding applicant's changes and modifications; and NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. DESIGN REVIEW AND RECORD PLANNING COMMISSION The proceedings and all evidence introduced before the Design Review Committee and Planning Commission at their public hearings on the Project held on November 18, 1996 and December 11, 1996 respectively, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. Ill. PREVIOUS FEIR-89*10ANDADDENDUM FEIR-89-10 REVIEWEDANDCONSIDERED FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, approved and certified FEIR-89-10 and has considered Addendure FEIR-89-10; and IV. COMPLIANCE WITH CEQA The City Council does hereby find that FEIR-89-10 and the addendure has been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and Environmental Review Procedures of the City of Chula Vista and hereby certifies the addendure to FEIR-89-10 recertified the EIR/addendum. V. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council finds that the FEIR-89-10 and addendure reflects the independent judgemerit of the City Council of the City of Chula Vista. -' .......l'*Y ......... I 11' Resolution 18570 Page 3 VI. SPA FINDINGS/APPROVAL A. The Sectional Planning Area Plan, as Amended, is in Conformity with the Rancho del Rey Specific Plan and the Chula Vista General Plan. The amended Rancho Del Rey SPA III Sectional Planning Area (SPA) Plan is consistent with the Rancho Del Rey Specific Plan and the Chula Vista General Plan. B. The Rancho Del Rey Spa Ill Sectional Planning Area Plan, as Amended, will Promote the Orderly Sequentialized Development of the Involved Sectional Planning Area. The SPA Plan as amended is consistent with the amended phasing of internal and external infrastructure and consistent with the Rancho Del Rey SPA III Public Facilities Financing Plan, Air Quality Improvement Plan, and Water Conservation Plan and will, therefore, promote the orderly sequentialized development of the involved Sectional Planning Area. C. The Rancho del Rey SPA III Sectional Planning Area (SPA) Plan, as Amended, will Not Adversely Affect Adjacent Land Uses, Residential Enjoyment, Circulation, or Environmental Quality. The land use designation and proposed density is compatible with the immediately adjacent multifamily development to the east and therefore will not adversely affect adjacent land uses, residential enjoyment, circulation, or environmental quality. D. In the Case of Proposed Industrial and Research Uses, that Such Development will be Appropriate in Area, Location, and Over-all Design for the Purpose Intended; that the Design and Development Standards are Such as to Create a Research or Industrial Environment of Sustained Desirability and Stability; and That Such Development will Meet Performance Standards Established by This Title. The amendments do not involve areas planned for industrial and research uses, E. In the Case of Institutional, Recreational, and Other Similar Nonresidential Uses, That Such Development will be Appropriate in Area, Location and Over-all Planning to the Purpose Proposed, and That Surrounding Areas are Protected From Any Adverse Effects From Such Development. The project includes the construction of a hiking trail within open space Parcel OS-7 which is a component of the overall Rancho Del Rey Planned Community recreational trails system. F. The Street and Thoroughfares Proposed are Suitable and Adequate to Carry the Anticipated Traffic Thereon. · lit Resolution 18570 Page 4 f-. The amendments do not involve changes to the existing circulation system, except for internal private streets and access points along East "J" Street. G. Any Proposed Commercial Development can be Justified Economically at the Location(s) Proposed and will Provide Adequate Commercial Facilities of the Types Needed at Such Proposed Location(s). The amendments do not involve areas planned for commercial uses. H. The Area Surrounding Said Development can be Planned and Zoned in Coordination and Substantial Compatibility with Said Development. The amendments are consistent with the previously approved plans and regulations applicable to surrounding areas and therefore, said development can be planned and zoned in coordination and substantial compatibility with said development. I. Adoption of SPA In light of the findings above, the amended Rancho Del Rey SPA III Sectional Planning Area (SPA) plan is hereby approved and adopted in the form presented and attached. VII. DESIGN REVIEW FINDINGS/APPROVAL Based on the Plans and Testimony Presented at the Public Hearing, the City Council Approved the Design Review Appeal Based on the Applicant's Revised Plans Which Meet the City's Design Manual Policies as Identified A through D as Follows: A. Pedestrian Walkways be Provided to Link Dwelling Units with Common Open Space Areas, Recreational and Support Facilities, Parking Areas and Public Streets. The revised pedestrian walkway is continuous and functional linking most dwelling units with the common open space, parking areas and the westerly adjacent park. B. Landscape Planting Shall be Used to Frame, Soften and Embellish the Quality of the Environment, and Shall be in Scale With Adjacent Structures and of Appropriate Size and Maturity to Accomplish its Intended Purpose. The revised site plan provides landscaping along the loop road and other key areas of the development and therefore consistent with the Ranoho Del Rey Design Guidelines and City's Design Manual. C. That Building Entrances Identify and Articulate Individual Units Providing Distinctive Architectural Elements, Materials and Colors to Denote Entries While Promoting Security and Privacy. Resolution 18570 Page 5 The building separation provides an opportunity to provide privacy and individuality for each dwelling unit which when viewed in conjunction with the architectural and landscaping enhancements produce an acceptable solution. D. That Internal Circulation Promote Safety, Efficiency and Convenience Avoiding Conflicts Between Vehicles and Pedestrians. The revised internal vehicular circulation system is designed to accommodate a safe and continuous pedestrian system with minimum vehicles and pedestrians conflicts from parking space to residence or from a residence to the common recreation area. E. Approval of Design Review Appeal In light of the findings above, the appeal from the Design Review Committee's decision to deny the site plan and architecture of a 240 condominium,m complex is hereby approved and adopted in the form presented and attached, and subject to the conditions listed below. VIII. 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 Rancho Del Rey SPA III Parcel R-6, Chula Vista Tract No. 97-01 is in conformance with the Rancho Del Rey Specific Plan and the elements of the City of Chula Vista General Plan, based on the following: 1. Land Use The Rancho Del Rey Sectional Planning Area (SPA) Plan, as amended, designates the 15.2 acre portion of Parcel R-6 Residential Single Family Attached (SFA) with a target density of 16.2 du/ac and a maximum of 240 dwelling units. The project, as conditioned, is in compliance with the City's General Plan, Rancho Del Rey Specific Plan and Sectional Planning Area (SPA) plan. 2. Circulation All of the on-site and off-site public streets required to serve the subdivision will be constructed or DIF fees paid by the developer in accordance with the Rancho Del Rey SPA III Public Facilities Financing Plan and Development Agreement. The private streets within the Project will be designed in accordance with the City design standards. 3. Housing Resolution No. 15751 adopted by the City Council on August 7, 1990, acknowledged that the requirement to provide ten percent of the total number of units allowed in the Rancho Del Rey Specific Plan Resolution 18570 Page 6 f-. for low and moderate income households. The resolution also acknowledge that the 5 percent moderate income housing and most of the low income housing have been provided in SPA I and II. The City Council designated the northerly 3.0 acres of Parcel R-6 as the low income housing site in the Rancho Del Rey SPA Ill where 40 low income townhomes will be constructed in the near future. 4. Conservation The Environmental Impact Report FEIR-89-10 and Addendure FEIR 89- 10 addressed the goals and policies of the Conservation Element of the General Plan and found the development of this site to be consistent with these goals and policies. 5. Parks and Recreation, Open Space The Rancho Del Rey SPA III Sectional Planning Area (SPA) plan provides public parks, trails and open space consistent with City policies. 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. 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 Noise mitigation measures included in the Environmental Impact Report EIR-89-10 and Addendum FEIR-89-10 adequately address the noise policy of the General Plan. The project has been conditioned to require that all dwelling units 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. 9. Scenic Highway The project site is located adjacent to a designated scenic highway and the natural open space Parcel OS-7 will serve as a buffer between the proposed residential development and Telegraph Canyon Road which is designated as a scenic highway. Resolution 18570 Page 7 10. Bicycle Routes Bicycle lanes have been incorporated within the Rancho Del Rey SPA III Planned Community and are presently in use. 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 dwelling units 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 and Design Review Appeal subject to the general and specific conditions set forth below. IX. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing SPA Amendments and Tentative Subdivision Map which are 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 Subdivision Map Chula Vista Tract 97-01 and FEIR-89-10 and Addendum FEIR-89-10 except as modified by this Resolution. B, Implement Mitigation Measures Developer shall diligently implement, or cause the implementation of, all mitigation measures pertaining to the Project identified in the Final Environmental Impact Report FEIR-89-10 and Addendum FEIR-89-10. Resolution 18570 Page 8 C. Implement previously adopted conditions of approval pertinent to project Unless otherwise conditioned, developer shall comply with all unfulfilled conditions of approval of the Rancho Del Rey SPA III Master Tentative Map, Chula Vista Tract 90-02, established by Resolution No, 16222 approved by Council on June 18, 1991, and shall remain in compliance with and implement the terms, conditions, and provisions of Rancho Del Rey Sectional Planning Area (SPA) plan, General Development Plan, Planned Community District Regulations, Rancho Del Rey SPA III Water Conservation Plan, Rancho Del Rey SPA Ill Air Quality Improvement Plan, Rancho Del Rey SPA III Residential Design Guidelines and Rancho Del Rey SPA III Public Facilities Financing Plan as amended and as are applicable to the property which is the subject matter of this SPA amendment and tentative map, prior to approval of the Final Map or shall have entered into an agreement with the City, providing the City with such 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 public facilities in accordance with the Rancho Del Rey SPA III Public Facilities Financing Plan, as amended or as required by the City Engineer, to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. E. Contingency of Project Approval Approval of the Tentative Subdivision Map is contingent upon the amendments to the Rancho Del Rey SPA III Sectional Planning Area (SPA) plan, General Development Plan, Planned Community District Regulations taking effect (PCM-97- 01). F. Design Review Approval The applicant shall develop the Site in accordance with the applicable Rancho Del Rey SPA III Development Regulations and Design Guidelines, X. SPECIAL CONDITIONS OF APPROVAL A. Tentative Subdivision Map Conditions Prior to approval of the final map unless otherwise indicated, the developer shall: General/Preliminary 1. Comply with all unfulfilled conditions of approval applicable to Parcel R-6 of the Rancho del Rey SPA III, Chula Vista Tract 90-02, Tentative Map established by Resolution No. 16222 approved by Council on July 30, 1991. I T I ]' Resolution 18570 Page 9 2. Install public facilities in accordance with the Rancho del Rey SPA's I, II and III Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 3. If phasing is proposed within an individual map or through multiple final maps, submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of any final map. 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. Each final map shall provide said 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 Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. Streets, RiQht-of-Wav and Public/Private Improvements 4. Design and construct all streets to meet the City standards for private streets, or as approved by the City Engineer. Street grades steeper than 12 percent shall be paved with portland cement concrete with cutoff walls. Submit improvement plans for approval by the City Engineer detailing the horizontal and vertical alignment of said streets. 5. Replace existing AC curb, sidewalk and pedestrian ramp at the project entrance on East J Street with monolithic curb, gutter, sidewalk and cross gutter in conformance with City standards. 6. Provide decorative concrete pavement delineating the boundary between the public and private streets. 7. Street light locations shall be approved by the City Engineer. 8. 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. 9. Comply with the City of Chula Vista private streets design standards including minimum horizontal curves radii of 100 feet along the main loop streets. 10. Provide paved access (minimum 12 foot width) to all public sewer man holes necessary to serve the subdivision. Design access road to accommodate FI- 20 wheel loads and maximum 15 percent grade to the satisfaction of the City Engineer. Maintain a minimum 5 foot horizontal clearance between sewer manholes and edge of paving. Do not locate public sewer manholes in designated parking spaces. Resolution 18570 Page 10 11. Relocate the existing public water, sewer and storm drain facilities between sewer manholes Nos. 7 and 11 (as shown on the Tentative Map dated 9/27/96, revised 2/10/97) to align with private drive "B" or as approved by the City Engineer. Gradinq and Drainaae 12. 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 drainage facilities are impacted. The extent of the study shall be as approved by the City Engineer. 13. Submit a detailed geotechnical report prepared, signed and stamped by both a registered civil engineer and certified engineering geologist prior to approval of grading plans and issuance of grading permit. 14. Design all retaining walls to Chula Vista standards as determined by the City Engineer. Show details for non-regional standard walls 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. 15. Provide improved access to all existing public storm drain cleanouts or as approved by the City Engineer. 16. The proposed on site storm drain system shall be private. Designate storm drain facilities as private on the improvement plans. 17. Submit and obtain approval by the City Engineer for an erosion and sedimentation control plan as part of grading plans. Comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. 18. Show the location of existing cut/fill lines on grading plans unless otherwise approved by the City Engineer. 19. 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. AGreements 20. Agree that the City may withhold building permits for the subject subdivision if any one of the following occur: ~"" · Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. Resolution 18570 Page 11 · Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. ® The required public facilities, as identified in the PFFP or as amended or otherwise conditioned, have not been completed or constructed to satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City Planning Director and Public Works Director. 21. Enter into an agreement to participate in the monitoring of existing and future sewage flows in the Telegraph Canyon Trunk Sewer and the financing of the preparation of the Basin Plan and, pursuant to any adopted Basin Plan, and agree to participate in the financing of improvements set forth therein, in an equitable manner. Execute said agreement prior to first final map approval. 22. 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. 23. Agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 24. 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. Open Space/Assessments 25. Offer to grant in fee on each Final Map all open Space Lots within the subdivision. Prepare and record a grant deed for each open space lot. The minimum width of each open space lot shall maintain a 10-foot wide landscaping area behind the back of sidewalk. f 26. Submit a list of all facilities located on open space lots to be maintained by the existing open space landscape maintenance district. This list shall include a description, quantity and unit price per year for the perpetual maintenance of all facilities located on open space lots to include but not be Resolution 18570 Page 12 limited to: walls, fences, water fountains, lighting structures, paths, access roads, drainage structures and landscaping. Only those items on an open space lot are eligible for open space maintenance. I~ach open space lot shall also be broken down by the number of acres of turf, irrigated, and non- irrigated open space to aid the estimation of a maintenance budget thereof. 27. Prior to final map approval or other grant of approval for any phase or unit thereof, the developer shall pay all costs associated with: reapportioning assessments for Open Space District 20 (Zones 3, 7 and 9); and apportionment of assessments for all City assessment districts as a result of subdivision of lands within the boundary. Complete and submit application for apportionment and provide a deposit to the City estimated at $25 x (units + Open Space Lots) x assessment districts to cover costs. 28. Prepare a disclosure form to be signed by the home buyer acknowledging that additional fees have been paid into the Assessment District, and that these additional fees are reflected in the purchase price of the home for those units which have a density change from that indicated in the assessment district's Engineer's Report. Submit disclosure forms for the approval of the City Engineer. Easements ,.,. 29. Grant to the City a general utility and access easement over all private streets and secondary access road for public sewer maintenance and emergency access purposes. 30. Grant to the City a 10 foot wide easement for general utility purposes along Telegraph Canyon Road and Buena Vista Way frontage of the open space lots to be granted in fee to the City. 31. Grant on the associated final map a minimum 15 foot wide easement to the City of Chula Vista for construction and maintenance of all sewer facilities within Lot A. 32. Indicate on the final map a reservation of an easement to the future Homeowners' Association for private storm drain facilities within open space Lot A. Miscellaneous 33. The Declaration of Covenants, Conditions and Restrictions shall include provisions assuring maintenance of all applicable open space areas, streets, driveways and drainage systems which are private. The City of Chula Vista shall be named party to said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. Resolution 18570 Page 13 Include in the CC&R's a set of design and construction guidelines for allowable accessory structures outlining setbacks {sides and rear), maximum permitted private patio area cover area, permitted height etc. 34. Show on the final map, a table indicating the number of dwelling units per each lot and the total number of dwelling units for the subdivision. 35. Tie the boundary of the subdivision to the California System -Zone VI (NAD '83). 36. Submit copies of each final map and improvement plan 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 coordinated geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 3-1/2 HD floppy disk prior to the approval of each Final Map. Code Reauirement Conditions of A~roval 37. 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. 38. Prior to the first final map, form an approved Homeowner' Association (HOA) for all the properties within the approved tentative map to be responsible for the maintenance of the improvements listed in condition of approval number 25 of this tentative map. The City Engineer and the Director of Parks and Recreation may approve that some of those improvements be maintained by the Open Space District. The final determination of which improvements are to be included in the Open Space District and those to be maintained by the FIOA shall be made during the open space district formation proceedings. 39. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 40. Pay Telegraph Canyon drainage fees in accordance with Ordinance 2384. 41. 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 ,I connection fees. d. SR-125 impact fee. Resolution 18570 Page 14 f' 42. Pay the amount of said fees in effect at the time of issuance of building permits. 43. Comply, implement and remain in compliance with the mitigation measures required by the Environmental Impact Report FEIR-89-10 and addendure which are hereby incorporated into this resolution by reference. Any measure not satisfied by specific condition of this resolution or by the project design should be implemented to the satisfaction of the Director of Planning. Mitigation Measures shall be monitored via Mitigation Measures Monitoring Program approved in conjunction with FEIR-89-10. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning should changes in circumstances warrant such revision. 44. Design all public sidewalks to comply and remain in compliance with the American Disability Act. 45. Prepare and submit to the satisfaction of the Director of Planning 15 copies of the final revised SPA amendments prior to approval of the first final map. B. Design Review Conditions of Approval 46. Parking standards shall be as follows: 1~ · Two Car garage 20' x 20' (exterior dimension) · One Car Garage 10' x 20' (interior dimension) · Standard parking stall 9' x 19'* · Compact Parking Stall 7-1/2' x 15' * * · Handicap Parking Stall 14' x 19'* · Parallel Parking stalls 10' x 23' Standard and handicap parking stall lengths shall be reduced to 17 feet to allow a 2 foot overhang onto planters or walks. However, the planter and concrete walk shall be increased in width accordingly. · * Compact size parking stalls shall be reduce in length to 13-1/2 feet to allow a 1-1/2 foot overhang onto planters or concrete walks. However planters and concrete walks shall be increased in width accordingly. 47. Relocate parking stalls Nos. 102c and 103c to accommodate adequate back- up maneuvering as approved by the director of Planning, 48. All garage doors shall be equipped with an automatic garage door opener. ~ 49. Incorporate an 18 inch concrete "step-out strip" along all planters adjacent to parking stalls. Resolution 18570 Page 15 50. Emergency access gate shall be relocated to be behind the private patio fence of Unit 64. 51. Landscape nodes between parking bays shall be 8 feet wide and 6 feet wide at the ends of parking bays. 52. Provide the required parking within 100 feet and guest parking within 200 feet of the unit it is intended to serve. but in no instance the required and guest parking shall not be located outside the residential cluster area it is intended to serve. 53. Prepare, submit and receive approval by the Director of Planning of a parking plan illustrating the distribution of all required and guest parking spaces as prescribed in Section VI.6-A of the Rancho Del Rey SPA III Sectional Planning Area Plan and Planned Community District Regulations. 54. Comply and remain in compliance with Section XII.2-C, Handicap Parking Requirements. 55. Provide an average of 15 foot setback from the established fence line for all buildings which backup on to the main access driveway. 56. Design all internal pedestrian walks and street crossings in compliance with the American Disabilities Act. 57. Prepare and include in the project's CC&R's a comprehensive fencing program incorporating the following fencing standards: a. Where privacy fences are installed directly over, or immediately adjacent to retaining walls, the overall wall/fence height shall not exceed 7 feet. Where higher retaining wall/fence conditions occur, a 4 foot landscape transition strip between the wall and the fence shall be provided. b. Fences, retaining walls or a combination of both located within the established front setback area shall be limited to 42 inches in height, c. Provide a design and install 5 feet high decorative fences along the exterior side yard of all corner lots. 58. Comply and remain in compliance with Item Nos. 1,4 and 6 of the Special Standards for RC Districts prescribed in Section VIII.3-G of the Rancho Del Rey SPA III Sectional Planning Area Plan and Planned Community District Regulations. f 59. Provide a decorative wall (RDR theme wall) along the west property line, East "J" Street, main access driveway. Resolution 18570 Page 16 60. Design the project landscape in accordance with the landscaping criteria and check list contained in the Rancho Del Rey SPA III Residential Design Guidelines (pages V-23 and 24). 61. Provide a minimum of 1 O0 square feet with no dimension less than 10 feet for all units with ground level private patio areas and a 75 square foot balcony or deck with no dimension less than 6 feet for all second story units. 62. Prepare, submit and obtain approval by the director of Planning of development standards for patio additions and other accessory structures prior to approval of the final map. The development standards shall be incorporated into the project's CC&R's. 63. Incorporate provisions in the CC&R's prohibiting RV parking within the project. 64. If the project is proposed to be developed in phases, prepare, submit and obtain approval by the Director of Planning of a construction phasing plan prior to issuance of the first building permit. 65. Provide decorative type paving to delineate internal pedestrian road crossings. 66. Provide a 5 foot minimum separation between parking bays and private patio fences, retaining walls, structures slope banks and any other structure. 67. Submit and obtain approval by the Director of Planning of a landscape strip/ fence combination along East "J" Street. 68. Submit a detail fencing program addressing perimeter, private patio, internally exposed and perimeter fencing and the fencing standards outlined in SPA Condition No. 3. 69. Provide a plan site plan identifying the buildings with enhanced side elevations. 70. Provide the required interior storage for all units. 71. Design all Dwelling units to preclude interior noise levels over 45 dBA and all exterior private open space shield with solid masonry walls and or buildings to limit noise exposure to 65 dl~A. 72. Provide additional access points from the subject site to the westerly adjacent public park site (Voyager Park). The access points' exact location, design and treatment, as well as the revised park and the site's pedestrian walk system shall be submitted for City Council's approval prior to the issuance of the first building permit. XI. CONSEQUENCE OF FAILURE OF CONDITIONS Resolution 18570 Page 17 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 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. XII. 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 to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. XIII. 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 . K Director of Planning /~ Resolution 18570 Page 18 · C R7C SINGLE FAMILY Rt:'SlDENC;ES CONDOS SINGLE FAMILY RESIDENCES: VACANT (FUTU~PA~q VACANT \ 1.0Otl0N SINGLE FAMILY RESIDENCES CHULA VISTA PLANNING DEPARTMENT LOCATOR ~oJecT Rancho Del Rey P~OJEC~DF. SC~PllON; ~OJ~ East ~J~ St. No. of T.C.R. Reque~: A p~posed ~men~me~ ~o ~e General Development ~b~: East of Paseo R~nchero ~an an~ ~onal Nea Plan ~r SPA III of ~D.~. NORTH No~ale ~HIBIT A m:XhomeXplanningXcarlosXlocator~Xrdr-r6b.cdr 3/24/97 Resolution 18570 Page 19 Resolution 18570 Page 20 Resolution 18570 Page 21 " .......... T ................... lIT Resolution 18570 Page 22 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of February, 1997, by the following vote: AYES: Councilmembers: Padilia, Rindone, and Norton NAYES: Councilmembers: None ABSENT: Councilmembers: Salas ABSTAIN: Councilmembers: Moot J'/~t4~ Mayor '~~hl;ley Norton, ATTEST: Bev!dAutl4elet, 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. 18570 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 18th day of February, 1997. Executed this 18th day of February, 1997. ~uthelet, City Clerk