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Home My WebLink AboutReso 1997-18702 RESOLUTION NO. 18702 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 92-02, SALT CREEK RANCH, NEIGHBORHOOD 3, UNITS 1 THROUGH 6, NEIGHBORHOOD 3A, AND NEIGHBORHOOD 6, UNITS 1 THROUGH 5 WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement for Chula Vista Tract 92-02, Salt Creek Ranch, Neighborhood 3, Units 1 through 6, and Neighborhood 6, Units 1 through 5, in order to satisfy conditions of City Council Resolution No. 16834; and WHEREAS, the Supplemental Subdivision Improvement Agreement addresses the following Tentative Subdivision Map conditions: 1. Condition No. 3 of the resolution requires the developer to agree to comply, implement and remain in compliance with the mitigation measures required by the Environmental Impact Report 91-03 which are incorporated into the Agreement. Any measure not satisfied by the Agreement 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 EIR 91-03. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning should changes in circumstances warrant such revision. 2. Condition No. 7 of the resolution requires the developer to construct or enter into an agreement to construct the street improvements set forth in Resolution No. 16834. 3. Condition No. 54 of the resolution requires the developer to enter into and execute an agreement to fund the project's fair share of a park*and-ride facility to be located in the vicinity of the East H Street and SR-125 interchange. 4. Condition No. 55 of the resolution requires the developer to enter into an agreement with the City for each phase or unit thereof, whereby: a. The developer agrees the City may withhold occupancy permits for any units in the subject subdivision if any one of the following occur: (1) Regional developnqent threshold Limits set by the East Chula Vista Transportation Phasing Plan have been reached. (2) Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards. b. The developer agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) if 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 property owner may propose changes in the Resolution 18702 Page 2 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. 5. Condition No. 56 of the resolution requires the developer to agree to comply with the requirements of the latest revised Eastern Chula Vista Transportation Phasing Plan and Transportation Development Impact Fee Program. 6. Condition No. 57 of the resolution requires the developer to enter into an agreement with the City agreeing not to protest formation of a district for the maintenance of landscaped medians and parkways along streets within and adjacent to the subject property prior to approval of any Final Map which includes those facilities. 7. Condition No, 58 of the resolution requires the developer to enter into an agreement 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 Comrnission, City Council or any approval by its agents, officers, or employees with regard to this subdivision 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. 8. Condition No. 59 of the resolution requires the developer to enter into an agreement f~' with the City wherein the City is held harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 9. Condition No. 66 of the resolution requires the developer to enter into an agreement with the City to insure 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 prior to the approval of Final Maps for each phase or unit. 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. 1 O, Condition No. 69 of the resolution requires the developer to prepare agreement(s) to phase the parks as follows: a. Complete construction of the portions of Proctor Valley Road and Duncan Ranch Road necessary to access the parking lot driveway of the community park shall be constructed. These streets shall be constructed prior to the completion of the initial 12.0 acre phase of the community park. The streets shall be to the satisfaction of the City Engineer and the Director of Parks and Recreation. '"" b. The initial 12 net usable acres of the Community Park shall be dedicated in fee and improvements commenced prior to or concurrent with the reoordation of the Final Map for the 592nd lot in Phase I. Complete construction of all the Resolution 18702 Page 3 facilities required for the first 12 acres of the community park within one year following the recordation of the Final Map for the 592nd lot. c. The remainder of the Community Park (8.23 net usable acres, 10 gross acres) shall be dedicated in fee and irnprovements commenced prior to, or concurrent with the recordation of the Final Map for the 1447th lot. Complete construction of all the facilities required for the remaining 10 acres of the community park within one year following the recordation of the Final Map for the 1447th lot. d. The Neighborhood Park (5.71 net usable acres, 7.1 gross acres), shall be dedicated in fee and improvements commenced prior to the recordation of the Final Map of the 2200th lot. Complete construction of all the facilities required for the neighborhood park within one year following the recordation of the Final Map for the 2200th lot. e. At no time is the project to be deficient in park acreage. If the standard of 3 acres per 1000 residents is exceeded at any time, then the next phase of the community park or the neighborhood park shah begin immediately. 11. Condition No. 70 of the resolution requires the developer to agree to dedicate all required parkland {22 gross acres, Community Park, 7 gross acres, Neighborhood Park) and park improvernents in accordance with the Parks Master Plan. The Director of Parks and Recreation shall have the right of final approval in the selection process of the general contractor for both of the park sites. 12. Condition No. 72 of the resolution requires the developer to locate underground, surface or overhead easements off-site of either park site, except for the necessary and required easements for the on-site park and recreation facilities. 13. Condition No. 73 of the resolution requires the developer to enter into a Chula Vista standard three-party agreement with the City of Chula Vista and a design consultant, for the design of all aspects of the neighborhood and community parks in accordance with the Master Plan whereby the Parks and Recreation Director selects the design consultant. The agreement shall include, but not be limited to, the design development phase, the construction document phase and the construction supervision phase for the park sites. The construction documents shall reflect the then current requirements of the City's Code/Manual requirements. 14. Condition No. 75 of the resolution requires the developer to grant all open space lots to the City in fee on the applicable Final Map and a deed executed and recorded for each lot. 15. Condition No. 76 of the resolution requires the developer to agree to submit a schedule outlining the proposed turnover of maintenance for open space areas to the City, subject to approval of the Directors of Planning Parks and Recreation. 16. Condition No. 77 of the resolution requires the developer to submit a list of open space items to be maintained and a rough estimate of maintenance costs to allow City staff to determine a preliminary cost and spread for the open space district. T ............................ · ;T Resolution 18702 Page 4 17. Condition No. 78 of the resolution requires the developer to request that the City form an Open Space District to rnaintain public Open Space lots and submit to the City the associated diagrm, cost estimate, des cription of work and a deposit of $8,O00 for processing the formation of the district. 18. Condition No. 89 of the resolution requires the developer to install fire hydrants every 500 ft. for single family residential and every 300 ft. for multi-family dwellings. Install and make operable the hydrants prior to delivery of combustible building materials. 19. Condition No. 94 of the resolution requires the developer to agree to provide fire prevention facilities and equipment, including the construction of a fire station, if required, in accordance with the Salt Creel< Ranch Public Facilities Financing Plan. Provide or secure said facilities and equipment in accordance with a schedule as approved by the Fire Chief. 20. Condition No. 98 of the resolution requires the developer to agree to participate in a regional or subregional multispecies coastal sage scrub conservation plan prior to the approval of the first Final Map. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula Vista Tract 92-02, Salt Creek Ranch, Neighborhood 3, Units 1 through 6, Neighborhood 3A, Neighborhood 6, Units 1 through 5, a copy of which is on file in the office of the City Clerk as Document No. CO97-075. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by P' ' ' ~C' AttorKr?eh~ny ~ I "I' * · I ' Resolution 18702 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of June, 1997, by the following vote: AYES: Councilmembers: Moot, Padilia, Rindone, Salas, and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councih'nembers: None ATTEST: . 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. 18702 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of June, 1997. Executed this 17th day of June, 1997 ~Authelet, City Clerk