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HomeMy WebLinkAboutReso 1998-18887 RESOLUTION NO, 18887 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING CONDITIONS ON THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE SOUTH GREENS UNIT 16, CHULA VISTA TRACT NO 98-02 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, is commonly known as Eastlake South Greens Unit 16 Tentative Subdivision Map, Chula Vita Tract 98-02; and for purpose of general description herein consists of 10.89 acres located on the north side of South Greensview Drive west of Hunte Parkway within the Eastlake Greens Planned Community and PC zone District ("Project site"). B. Project; Application for Discretionary Approval WHEREAS, on October 27, 1997 The Eastlake Company ("Developer") filed a tentative subdivision map application with the Planning Department of the City of Chula Vista and requested approval of the Tentative Subdivision Map known as Eastlake South Greens Unit 16, Chula Vista Tract 98-02 in order to subdivide the Project site into 60 single family residential lots and 3 open space lots ("Project"); and C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of 1) a General Development Plan, EastLake II (EastLake I Expansion) previously approved by City Council Resolution No. 15198 ("GDP"); 2) the EastLake Greens Sectional Planning Area Plan, previously adopted by City Council Resolution No. 15199; (SPA), all approved on July 18, 1989; and, 3) an Air Quality Improvement Plan (EastLake Greens Air Quality improvement Plan) and 4) a Water Conservation Plan (EastLake Greens Water Conservation Plan) and Public Facilities Financing Plan (Eastlake Greens Public Facilities Financing Plan), all previously approved by the City Council on November 24, 1992, by Resolution No. 16898 5) Eastlake Greens Master Tentative Subdivision map, approved by Resolution No.17618; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on .~ ' said project on January 14, 1998 and voted 7-0 to recommend that the City Council approve the Project based upon the findings and subject to the conditions listed below; and Resolution 18887 Page 2 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 February 1 O, 1998, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same. 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 this Project held on January 14, 1998, and the minutes and Resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COMPLIANCE WITH CEQA The Environmental Review Coordinator has determined that the Project implements and falls under the purview of FEIR 86-04(B) and that no further environmental review is necessary. 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 Eastlake South Greens Unit 16, Chula Vista Tract No. 98-02 is in conformance with the Eastlake II General Development Plan, Eastlake Greens Sectional Planning Area Plan and the elements of the City's General Plan, based on the following: 1. Land Use The General Development Plan designation is Medium Density Residential (5- 15 du/ac) and the SPA allows 109 dwelling units at a density of approximately 10 du/ac. The proposed 60 lot subdivision is within the allowable density and permitted number of dwelling units. Therefore, as conditioned, the Project is in substantial compliance with the City's General Plan, EastLake II General Development Plan (GDP) and Eastlake Greens 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 Eastlake Greens Public Facilities Financing Plan and Development Agreement. ,.~ 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. Resolution 18887 Page 3 3. Housing Resolution No. 15751 adopted by the City Council on August 7, 1990, requires the developer to provide ten percent of the total number of units allowed in the EastLake Greens Planned Community for low and moderate income households. In July 1995, the City Council approved a program and the applicant entered into an agreement for the provision of affordable Housing within the Eastlake Greens Planned Community. The program outlines the required number of low and moderate income units, the proposed location and the implementation schedule. 4. Conservation The Environmental Impact Report FEIR-86-04 (B) addressed the goals and policies of the Conservation Element of the General Plan. The development of this site is consistent with these goals and policies. 5. Parks and Recreation, (:]pen Space The EastLake Greens Sectional Planning Area (SPA) plan provides public and private 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 FEIR- 86-04 (B) adequately address the noise policy of the General Plan. The Project shall be designed so that all dwelling units 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 is not adjacent to scenic highways. Resolution 18887 Page 4 10. Bicycle Routes When the street system in the EastLake Greens planned community was originally considered, appropriate bicycle lanes were included within the community. The private streets within the project are of adequate width to accommodate bicycle travel interior to the site, 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 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 the City Council does hereby approve the Project subject to the general and special conditions set forth below. V. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing Project 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 Master Tentative Map, Tract No. 88-03 Resolution No. 15200 and FEIR 86-04 (B) Mitigation Measures except as modified by this Resolution. B. 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~86-04 (B). Resolution 18887 Page 5 C. Implement previously adopted conditions of approval pertinent to project Unless otherwise conditioned, developer shall comply with all unfulfilled conditions of approval of the Eastlake Greens Master Tentative Map, Chula Vista Tract 88-03, established by Resolution No. 15200 and approved by Council on July 18, 1989, and shall remain in compliance with and implement the terms, conditions and provisions of the Eastlake Greens Sectional Planning Area (SPA) plan, General Development Plan, Planned Community District Regulations, Water Conservation Plan, Air Quality Improvement Plan, Residential Design Guidelines and Public Facilities Financing Plan as amended and as are applicable to the property which is the subject matter of this 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 Eastlake Greens Public Facilities Financing Plan, as amended or as required by the City /.r- 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. Design Approval The applicant shall develop the lots in accordance with the applicable EastLake Greens Development Regulations and Design Guidelines. The plans for this residential project shall be submitted for review and obtain approval under the City's design review process prior to submittal for building permits. F. Project Phasing If phasing is proposed within an individual map or through multiple final maps, the Developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of any final map. The phasing plan shall include: 1. A site plan showing the lot lines and lot numbers, the phase lines and phase numbers and number of dwelling units in each phase. 2. A table showing the phase number, the lots included in the phase and the number of units included in each phase. Resolution 18887 Page 6 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. The City reserves the right to conditionally approve each final map and require 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 revision(s). G, Tentative Subdivision Map Conditions Prior to approval of the first final map, unless otherwise indicated, the Project shall: 1. Comply with any and all unfulfilled conditions of approval applicable to the Eastlake South Greens, Chula Vista Tract 88~03, Tentative Map established by Resolution No. 15200 approved by Council on July 18, 1989, and amended by Resolution 17618 on August 16,1994. 2. Install public facilities in accordance with the Eastlake South Greens, 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. STREETS, RIGHTS*OF-WAY AND PUBLIC IMPROVEMENTS 3. 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. Submit for approval by the City Engineer improvement plans detailing horizontal and vertical alignment of said streets. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer and water utilities, drainage facilities, street lights, signs, cul de sacs, street knuckles and fire hydrants. 4. Guarantee prior to approval of the Final Subdivision Map, the construction of public street improvements (streets, sewer, drainage, utilities, etc.) deemed necessary to provide service to the subject subdivision in accordance with City standards. 5. Submit and obtain preliminary approval for proposed street names from the Director of Planning and the City Engineer. Dedicate to public use, the right of way for all streets shown on the Tentative map within the subdivision. 6. Street light locations shall be approved by the City Engineer. Resolution 18887 Page 7 7. Construct five and one half foot (5 Yz ') sidewalks and construct pedestrian ramps on all walkways to meet or exceed the "Americans with Disabilities Act" standards. 8. Present written verification to the City Engineer from Qtay Water District that the subdivision will be provided adequate water service and long term water storage facilities. 9. Connect proposed storm drain system to existing 30" R.C.P. storm drain in South Greensview Drive. Connect proposed sewer system to existing sewer in South Greensview Drive. 10. All streets which intersect other streets at or near horizontal or vertical curves must meet intersection design sight distance requirements in accordance with City standards. 11. All sanitary sewer facilities required for development of any lot subject to Telegraph Canyon Sewer Pumped Flows DIF or Salt Creek Sewer Basin DIF shall be guaranteed prior to recordation of the Subdivision Final Map for said lot. GRADING AND DRAINAGE 12. Submit hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. 13. Storm drain design shall be accomplished on the basis of the requirements of the Subdivision Manual and the Grading Ordinance ( //1797 as amended) 14. Provide improved access to all storm drain clean outs or as approved by the City Engineer. 15. Submit to and obtain approval from the City Engineer for an erosion and sedimentation control plan as part of grading plans. 16. Provide an updated soils report or an addendure to the original document prepared by a registered engineer, as required by the City Engineer, 17. Design the storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. 18. Submit "as built" improvement and grading plans as required by the City Subdivision Manual. Additionally, provide the City said plans in a digital D.X.F. file format. Resolution 18887 Page 8 19. Lot lines shall be located at the top of slopes except as approved by the City Engineer. Lots shall be so graded as to drain to the street or an approved drainage system. Drainage shall not be permitted to flow over slopes. 20. 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. 21. Prior to approval of Final Subdivision 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. 22. 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. 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 23. 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. , 1'71 Resolution 18887 Page 9 c. 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. 24. 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. 25. Agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 26. 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 27. Grant an Irrevocable Offer of Dedication (lOP), on the Final Map for Open Space Lots A, B, and C within the subdivision. 28. Provide proof to the satisfaction of the City Engineer and Director of Planning that all improvements located on open space lots "A", "13", and "C" will be incorporated into and maintained by the existing Eastlake Homeowners Association. 29. Pay additional fees on a proportional basis as determined by the City Engineer into the Assessment District Numbers 90-3, 91-1 and 94-1 or other applicable assessment districts due to changes in the number of units approved subsequent to district formation. 30. Pay all costs associated with apportionment of assessments for all City assessment districts as a result of subdivision of lands within the boundary. Submit an apportionment form and provide a deposit to Resolution 18887 Page 10 the City estimated at $4,725.00 ( $25 per lot X 63 lots X 3 districts) to cover costs. 31. Submit all Special Tax and Assessment disclosure forms for the approval of the City Engineer. 32. Comply with the terms and conditions of the Acquisition/Financing Agreement for Assessment District 94-1, CO 94-064, approved by Council Resolution 17483 as said terms and conditions may be applicable to this development. 33. The Developer shall be responsible for 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. 34. Maintenance of all facilities and improvements within open space areas covered by home owners associations shall be covered by CC&Rs to be submitted and approved by the Engineering Department prior to approval of the associated final map. 35. Prior to the approval of any final map, the Developer shall request in writing that maintenance of all facilities and improvements within the open space area associated with such map shall be the responsibility of the Eastlake Greens Open Space Maintenance District I. 36. All utilities which service open space shall be located within the open space or within dedicated City right-of-way. 37. For walls which are located within the open space maintenance district, owners of adjoining lots shall sign a statement when purchasing their homes that they are aware that the wall is on Open Space property and that they may not modify or supplement the wall or encroach onto Open Space property. These restrictions shall also be reflected in the CC&Rs for each lot, and a copy of said restrictions shall be provided to the City for its approval. EASEMENTS 38. Grant on the final map a minimum 15' wide easement to the City of Chula Vista for construction and maintenance of sewer facilities within Lots 2 and 39. 39. Grant to the City a 5.5 foot wide street tree planting and maintenance easement along all public streets within the subdivision. Said easement shall extend from the property line and shall contain no slope steeper than 5:1 ( horizontal to vertical ratio ). tT Resolution 18887 Page 11 MISCELLANEOUS 40. The Declaration of Covenants, Conditions and Restrictions shall include provisions assuring maintenance of all open space areas as applicable, streets, driveways, drainage and sewage systems which are private. The City of Chula Vista shall be named as 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. 41. Submit copies of Final Maps 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. 42. Tie the boundary of the subdivision to the California System - Zone VI ( 1983). CODE REQUIREMENTS 43. 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. 44. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 45. Pay all applicable fees in accordance with the City Code and Council Policy, including, but not limited to, the following: 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 Pump Sewer Fee. f. Salt Creek Ranch Sewer Basin Fee. Resolution 18887 Page 12 46. 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. 47. The fire hydrant on Street "A" shall be relocated to the entry street as indicated by the Fire Department. All fire hydrants shall be installed and operable and 20' fire access roads shall be usable prior to delivery of any combustible construction materials, 48. Design all dwelling units to preclude interior noise levels over 45 dBA and shield all exterior private open space to limit noise exposure to 65 dBA. 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 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. 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 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. Presented by Approved as to form by Robert A. Leiter ny ~ Planning Director Resolution 18887 Page 13 Resolution 18887 Page 14 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 10th day of February, 1998, by the following vote: AYES: Councilmembers: Moot, Padilia, Rindone, Salas and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirley H:~oon, Mayor 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. 18887 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 10th day of February, 1998. Executed this 10th day of February, 1998. ~_a, utl~elet, City Clerk~z~Tfrj~/'