HomeMy WebLinkAboutReso 1997-18661 RESOLUTION NO. 18661
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CFIULA
VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 90-07,
SUNBOW II, UNITS 1 AND 2
WHEREAS, the developer has executed a Supplemental Subdivision Improvement
Agreement to satisfy conditions of City Council Resolution No. 15640 and the Planning
Commission resolution approving a one-year time extension, as affirmed by City Council
Resolution No. 17177; and
WHEREAS, the description of the conditions in this resolution is intended only to
summarize and paraphrase such conditions in Resolution No. 15640 and is not intended to
modify or extend them, and is not intended as a basis for interpreting them; and
WHEREAS, the developer also acknowledges that the City is presently in the process
of amending its Growth Management Ordinance to establish provisions necessary to ensure
compliance with the adopted threshold standards (particularly traffic) prior to the construction
of State Route 125; and
WHEREAS, the Supplemental Subdivision Improvement Agreement addresses the
following Tentative Subdivision Map conditions:
1. Condition No. 9 requires the property owner to enter into an agreement with the City
whereby:
a. The property owner agrees that the City may withhold building permits for any
units in the subject subdivision if any one of the following occurs:
(1) Regional development 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 property owner agrees that the City may withhold occupancy 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 by the Annual Monitoring Program, have not been completed. The
property owner 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.
2. Condition No. 10 requires the property owner to enter into an agreement with the City
r
to not protest: a) formation of a district for the maintenance of landscaped medians
and parkways along streets within and adjacent to the subject property; b) formation
or inclusion of the project property in an Open Space District; c) formation or inclusion
in a district for the maintenance of Telegraph Canyon drainage channel; d) formation
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or inclusion in a district for the maintenance of Poggi Canyon drainage facilities; and,
e) formation or inclusion in a sewer reimbursement district.
3. Condition No. 16 requires the property owner 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. Access to the conduit shall be restricted 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.
4. Condition No. 17 requires the property owner to enter into an agreement with the City
wherein the City is held harmless from any liability for erosion, siltation or increase of
drainage flow resulting from the project.
5. Condition No. 21 states that the property owner's obligation to improve or parallel the
existing Poggi Canyon Trunk Sewer segments which exceed design capacity due to
flows from Sunbow II shall include an oversizing of or paralleling of existing sewer lines
as may be necessary to accommodate the ultimate projected flow from areas tributary
to the Poggi Canyon sewer basin, and the flow as diverted from the Palm Canyon
basin. The condition also states that the property owner may request the formation
of a reimbursement district and a reimbursement agreement in accordance with
Chapter 15.50 of the Municipal Code.
6. Condition No. 23 requires the property owner to enter into an agreement whereby the
property owner agrees to:
a. Fund a study for the preparation of a Poggi Canyon Sewer Basin Improvement
and Financing Plan. Said Basin Plan shall provide: (1) an estimate of the
ultimate sewage flows; (2) the necessary additions to the existing sewer
system to provide adequate capacity for said flows; (3) a method to fairly
allocate the cost for providing the needed improvements; and, (4) a method for
reimbursement to developers providing sewer improvements as outlined in the
Basin Plan. Funds provided by the property owner for preparation of the Basin
Plan shall be subject to reimbursement from fees as may established by said
Basin Plan.
b. Participate in funding of the necessary facilities to provide downstream sewer
capacity in the Main Street and date Faivre trunk sewers for those sewer
segments which the development causes to exceed City design capacity
standards. The property owner may request the formation of a reimbursement
district in accordance with Chapter 15.50 of the Municipal Code.
c. Provide appropriate security to guarantee the ability to restore the trunk
sewers' reserve capacity to a level and condition that would otherwise exist but
for sewage diverted into the Poggi Canyon Basin by the Sunbow II project.
Said security may be waived if the property owner can demonstrate to the
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satisfaction of the City Engineer that the cost of improvements constructed by
the property owner is equal to or greater than the total of (1) the fair cost
responsibility for necessary improvements as determined by the basin plan and
(2) the cost of improvements necessary to restore the reserve capacity.
7. Condition No. 28 requires that Open Space areas which are to be maintained by an
open space district shall be granted to the City in fee.
8. Condition No. 45 requires the property owner to guarantee the maintenance of
proposed detention facilities and to prepare a maintenance program including a
schedule and financing mechanism for said detention basins. The property owner is
further required to enter into an agreement with the City of Chula Vista and the State
Department of Fish and Game wherein the parties agree to implement the basin
maintenance program.
9. Condition No. 56 and the Sunbow II Public Facilities Financing Plan requires the
property owner to provide fire prevention facilities and equipment, including the
construction of a fire station, if required, in accordance with a schedule as approved
by the Fire Chief.
10. Condition No. 58 requires that fire hydrants be installed, tested, and operational prior
to placement of any combustible materials on any unit.
11. Condition No. 59 (Mitigation Monitoring Measure No. 31 ) requires the property owner
to prepare and submit an acoustical analysis for submission to the City Environmental
Coordinator and to agree to mitigate noise impacts on all residential units by the
placement of solid walls, acoustical barrier or wall/berm combinations. Any residential
areas identified within a 65 dBA contour or greater shall be subject to review and
approval of the Director of Building and Housing to ensure interior noise limits of 45
dBA. The Planning Director shall review and approve acoustical protection to all
exterior areas subject to a 65 dBA or greater noise level.
12. Condition No. 67 provides for the waiver of all Park Acquisition and development
(PAD) fees in exchange for the development and dedication of a Park and Recreation
complex to the City. The complex is subject to the approval of the Director of Parks
and Recreation, as described in the Sunbow SPA II Plan and Public Facilities Financing
Plan.
13. Condition No. 68 requires the applicant to request annexation to Open Space District
18 and to dedicate open space areas which are to be maintained by an open space
district to the City in fee title. Landscape maintenance of open space areas shall be
accomplished by the developer or applicable homeowners association for a minimum
period of one year, which may be extended until such time as accepted into the open
space district by the Director of Parks and Recreation and City Landscape Architect.
14. Condition No. 69 requires that the Declaration of Covenants, Conditions and
Restrictions includes provisions assuring restriction on the use or modification of
perimeter walls located within Open Space lots. The City of Chula Vista is to be
named as a party to said Declaration and shall be authorized to enforce the terms and
conditions of the Declaration in the same manner as any owner within the subdivision.
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These restriction shall also be reflected in the Covenants, Conditions, and Restrictions
for each lot. In addition, sales disclosure documents which identify use restrictions on
perimeter walls within all Open Space lots are to be submitted to the City.
15. Condition No. 75 requires slopes on the south side of the future Palomar Street
extension, just east of Oleander Avenue, which face onto the street, shall be included
in Open Space District 18. (Flair Banks - presently Park lands).
16. Condition No. 76 requires that the Telegraph Canyon Road medians (and parkways)
be included within Open Space District 18.
17. Condition No. 81 requires the developer to ensure that prospective purchasers sign an
assessment disclosure statement fully explaining homeowners costs associated with
Mello-Roos, Assessment, and (:]pen Space Districts, as required by Ordinance No.
2275, and to provide a copy of said disclosure prior to approval of each final map.
18. Condition No. 86 requires that all development within the subdivision boundary shall
be done in accordance with the Sunbow Mitigation Monitoring Program.
19. Condition No. 88 requires concurrent with the recordation of any final map for Sunbow
II, the developer shall submit an irrevocable letter of dedication to the City of the 10
acre park site (Unit 15, Planning Area 9). Thereafter, the City may exercise the option
to accept this dedication at any time of its choosing.
The dedication does not alter in any way all the other conditions of approval relative
to the turnkey status of the Community Recreation Center, Olympic Swimming Pool
and Park facility as detailed in the Sunbow II Public Facilities Financing Plan.
20. Condition No. 89 requires the property owner to agree that all conditions of approval
be satisfied and that all facilities be completed prior to the issuance of occupancy
permits.
21. Condition No. 92 requires that the property owner's successors in interest to indemnify
the City, its employees, and agents from any or all lawsuits and liabilities in connection
with granting of the July 20, 1993 Tentative Map extension and to waive any claims
arising from placing conditions upon such extension of the Tentative Map, whether the
issues and liabilities are raised by the current owner or any successor in interest or any
third party.
22. Condition No. 93 requires the property owner to prepare, submit, and obtain City
Council approval of Water Conservation and Air Quality Improvement Plans.
23. Condition No. 94 requires the property owner to comply with all requirements of the
Public Facilities Financing Plan for the project, as may be amended to conform with the
City's adopted Growth Management Program, pursuant to Section 19.09.120 of the
Municipal Code.
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
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90-07, Sunbow II, Units 1 and 2, a copy of which is on file in the office of the City Clerk as
Document No. C097-047.
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
J hn P. Lippitt ~ J,~ M. Kaheny
ic Works Director ' '
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of May, 1997, by the following vote:
AYES: Councilmembers: Moot, Padilia, Rindone, and Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: Salas
ABSTAIN: Councilmembers: None
Shirl%~,'71Ztorton, Mayor
ATTEST:
~Autt~elet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
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. 18661 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 13th day of May,
1997.
Executed this 13th day of May, 1997.
~Authelet, City Clerk