HomeMy WebLinkAboutReso 1998-18888 RESOLUTION NO. 18888
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AND IMPOSING CONDITIONS OF THE
TENTATIVE SUBDIVISION MAP FOR EASTLAKE SOUTH
GREENS, CHULA VISTA TRACT NO 98-03
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 10
Tentative Subdivision Map, Chula Vista Tract 98-03; and for purpose of general
description herein consists of 34.28 acres located on the south 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 November 5, 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 1 O, Chula Vista Tract 98-03 in order to
subdivide the Project site into 231 single family residential lots and 5 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; both approved on July 18, 1989; 3) an Air Quality
Improvement Plan (EastLake Greens Air Quality Improvement Plan); 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.15200 on July 18, 1989 and amended by Resolution 17618 on
August 1994; 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
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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 10, 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 Cornmission 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.
CERTIFICATION OF COMPLIANCE WITH CEQA
The Environmental Review Coordinator has determined that the Project 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 10, Chula Vista Tract No. 98-03, is in
conformance with the Eastlake II General Development Plan, Eastlake Greens
Sectional Planning Area (SPA) Plan, Eastlake II Planned Community District
Regulations and the elements of the City's General Plan, based on the
following:
1. Land Use
The General Development Plan designation is Residential Low Medium density
(3-6 du/ac/) and the SPA allows 246 dwelling units at a density of
approximately 7.1 du/ac. The proposed 231 lot subdivision (5 open space lots)
is well below 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 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 and community pedestrian trails.
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3. Housing
Resolution No. 15751 adopted by the City Council on August 7, 1990, requires
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, Open 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
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 which
in accordance with the City's performance standards.
9. Scenic Highway
The Project site is located adjacent to a designated scenic highway (Olympic
Parkway). A 60-70 feet wide landscape buffer area along with a decorative wall
along the southern perimeter of the Project Site would be provided to enhance
the project interface with Olympic Parkway.
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10. Bicycle Routes
When the street system in the Eastlake Greens 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 13hysically 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 Tentative Subdivision Map which is 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 Master Tentative Map, Tract No. 88-03,
Resolution No.15200 and 17618, and FEIR 86-04 (B) Mitigation Measures
except as modified by this Resolution.
B. Implement Mitigation Measures.
Developer shall diligently iml31ement, or cause the implementation of all
mitigation measures pertaining to the Project identified in the Final
Environmental Impact Report FEIR-86*04 (B).
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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 approved by Council
on July 18, 1989 and Amended by Resolution 17618 on August 1994, 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 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 Eastlake Greens Sectional Planning Area (SPA) plan and Eastlake II
Planned Community District Regulations and Land Use District map becoming
effective (PCM-98-14).
F. Design Approval
The applicant shall develop the lots in accordance with the applicable Eastlake
Greens Planned Community District Regulations and Design Guidelines. The
plans for the residential project shall be submitted for review and obtain
approval under the City's Design Review process prior to submittal for building
permits.
G. 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.
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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.
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).
H. Tentative Subdivision Map Conditions
Prior to approval of the final map unless otherwise indicated, the Developer
shall:
GENERAL/PRELIMINARY
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.a. 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
3.b. Construct the full street improvements for Olympic Parkway from Hunte
Parkway to the westerly subdivision boundary or pay, if so requested by the
T m~'~ IT
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City at its sole discretion, Developer's proportionate share of the cost of said
roadway improvement.
3.c. Provide the City with security, in a form acceptable to the City, to guarantee
the full street improvements for Olympic Parkway from Hunte Parkway to the
Westerly subdivision boundary and South Greensview to Olympic Parkway.
3.d. Grant an irrevocable offer(s) of dedication for all right of way and temporary
construction easements necessary to construct the Olympic Parkway and Hunte
Parkway segments.
3.e. Obtain, prior to approval of any final map, all off-site right-of-way necessary for
the installation of the required improvements for this subdivision thereto,
including the Olympic Parkway and Hunte Parkway segments. The Developer
shall also provide easements for all on-site and off-site public right-of-way
facilities, necessary to provide service to the subject subdivision.
3.f. Notify the City at least 60 days prior to consideration of any final map by City,
if off-site right-of-way cannot be obtained as required herein. After said
notification and prior to approval of any final map, the Developer shall:
1. Pay the full cost of acquiring off-site right-of-way or easements required
~,~- herein.
2. Deposit with the City the estimated cost of acquiring said right-of-way
or easements. Said estimate to be approved by the City Engineer.
3. Have all easements and/or right-of-way documents and plats prepared,
and appraisals completed which are necessary to commence
condemnation proceedings as determined by the City Attorney.
4. Request that the City use its powers of Eminent Domain to acquire right-
of-way easements or licenses needed for off-site improvements or work
related to the final map. The Developer shall pay all costs, both direct
and indirect, incurred in said acquisition.
4. Guarantee prior to approval of the Final Subdivision Map, all improvements
interior to the subdivision (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. Final approval of street names shall
be by the Planning Commission. No two intersections shall incorporate the
same two street names. Dedicate to public use, the right of way for all streets
shown on the Tentative map within the subdivision.
6. Existing street lights on South Greensview Drive shall be moved and placed at
new locations to provide illumination at the two new intersections proposed.
Final street light locations shall be approved by the City Engineer.
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7. Construct five and one half foot (5 ~/2') 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 Otay Water District that
the subdivision will be provided adequate water service and tong term water
storage facilities.
9. Submit and obtain approval of improvement plans for the following:
a. Connect proposed storm drain system to existing 30" R.C.P. storm drain
in South Greensview Drive.
b. Provide a pair of connections to the existing storm drain system in
future Olympic Parkway.
c. Remove existing sewer mains, manholes, laterals and related structures
that are presently providing service to Eastlake South Greens Unit 23.
Realign and 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 Cul-de-sacs shall have a minimum curb radius of 36'.
12. 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
13. Submit for approval by the City Engineer, a detailed grading plan in accordance
with the Chula Vista Grading Ordinance 1797, as amended.
14. Submit letters of permission to grade for all off-site grading including but not
limited to letters of permission from the San Diego County Water Authority and
the Otay Water District for grading within their easements.
15. 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.
16.Storm drain design shall be accomplished on the basis of the requirements of
the Subdivision Manual and the Grading Ordinance ( #1797 as amended)
17. Provide improved access to all storm drain clean outs or as approved by the
City Engineer.
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18. Submit to and obtain approval from the City Engineer for an erosion and
sedimentation control plan as part of grading plans.
19. Provide an updated soils report or an addendure to the original document
prepared by a registered engineer, as required by the City Engineer. The
geotechnical investigation shall address the proposed earthwork shown on the
Tentative Map and Grading Plans and describe any changes in geotechnical
references and statements.
20. Design the storm drains and other drainage facilities to include Best
Management Practices to minimize non-point source pollution, satisfactory to
the City Engineer.
21. 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.
22. Grade a level, clear area at least two (2) feet wide, along the length of any wall
abutting Olympic Parkway, as measured from face-of-wall to beginning of
slope, said area as approved by the City Engineer and the Director of Parks and
Recreation.
23. 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.
24. 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.
25. 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.
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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
26. 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.
c. The required public facilities, as identified in the PFFP and condition #
3, Table 1 of Resolution 15200 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.
27. 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.
28. Agree to hold the City harmless from any liability for erosion, siltation or
increase flow of drainage resulting from this project.
29. 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.
30. Agree not to protest the formation of an assessment district or a community
facility district to finance the construction of the length of Olympic Parkway
from 1-805 to Hunte Parkway, and agree to construct or participate in the
financing of phased improvements for Olympic Parkway in accordance with the
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Feasibility and Financing Study for Olympic Parkway as adopted by the City.
Notwithstanding the foregoing, such financial participation shall be a minimum
equal to the full cost of improvements for Olympic Parkway from Hunte
Parkway to the westerly subdivision boundary.
31. Fully comply with condition No. 3 of Resolution No. 15200 and the
Supplemental Subdivision Improvement Agreement for Unit 12 approved by
Resolution No. 18211,
32. Agree to provide, prior to issuance of building permits a noise study addressing
noise impacts generated by existing and future major streets surrounding the
project (South Greensview Drive and Olympic Parkway) and take the necessary
measures 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 dBA.
33. Agree to install fire hydrants at every 500 ft. or as required by the Fire Marshal
and make them operable prior to delivery of combustible building materials.
Exact location of fire hydrants shall be reviewed and approved by the Fire
Marshall prior to installation.
OPEN SPACE/ASSESSMENTS
34. Grant an Irrevocable Offer of Dedication (IOO), on the Final Map for Open Space
Lots A, B, C, D and E within the subdivision, The minimum width of each open
space shall be 5 '/2' for the tree planting and maintenance easement behind the
back of sidewalk.
35. Provide proof to the satisfaction of the City Engineer and Director of Planning
that all improvements located on open space lots (Lots A-E) will be incorporated
into and maintained by the Existing Eastlake Homeowners Association.
36. 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 to the number of units approved
subsequent to district formation.
37. 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 the City estimated at
$17,700.00 ( $25 per lot X 236 lots X 3 districts) to cover costs.
38. Submit all Special Tax and Assessment disclosure forms for the approval of the
City Engineer.
39. 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.
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40. Indicate on the grading plans that all walls which are to be maintained by an
open space maintenance district are constructed entirely within the district
property.
41. 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.
42. Maintenance of all facilities and improvements within open space areas shall be
described within the applicable CC&Rs. The CC&Rs shall be submitted for
approval of the Engineering Department prior to approval of the associated final
map.
43. Prior to the approval of any final map, the Developer shall provide the City with
proof that the maintenance of all facilities and improvements within the open
space area associated with such map shall be the responsibility of the
applicable homeowners association.
44, All utilities which service open space shall be located within the open space.
45, 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.
46. Make payment to reduce the debt on the subject property as a result of lower
density than assumed for the assessment district at the time of District
formation. The amount of payment is determined by multiplying the difference
between the actual and assumed number of units multiplied by the estimated
assessment (or principal outstanding) per unit.
47. Submit detailed irrigation plans and water management guidelines for all open
space landscaping in accordance with the Chula Vista Landscape Manual. The
plans are subject to approval by the Director of Planning and the Director of
Parks and Recreation Department.
EASEMENTS
48. Grant on the final map a minimum 20' wide easement to the City of Chula Vista
for construction and maintenance of water and storm drain facilities within Lot
47.
49. Grant on the final map a minimum 10' wide easement to the City of Chula Vista
for construction and maintenance of storm drain facilities within Lot 42.
50. Grant on the final map a minimum 20' wide easement to the City of Chula Vista
for construction and maintenance of sewer and storm drain facilities within Lots
11 and 176.
m"l [
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51. Grant on the final map a minimum 20' wide easement to the City of Chula Vista
for construction and maintenance of sewer and storm drain facilities within Lots
20, 21,165 and 166.
52. Grant on the final map a minimum 20' wide easement to the City of Chula Vista
for construction and maintenance of sewer and storm drain facilities within Lot
137.
53. Grant on the final map a minimum 10' wide easement to the City of Chula Vista
for construction and maintenance of storm drain facilities within Lot 150.
54. 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). Easements along corner lots may have slopes of
2:1 (horizontal to vertical ratio) as long as flat areas are provided for street tree
planting.
55. Grant on the final map a minimum 20' wide easement to the City of Chula Vista
for landscaping along future Olympic Parkway. Said easement shall extend
from the property line and shall contain no slope steeper than 5:1 (horizontal
to vertical ratio).
56. Grant on the final map a minimum 10' wide easement to the City of Chula Vista
for installation and maintenance of utilities along future Olympic Parkway and
South Greensview Drive over Open Space Lots A,B,C,D and E.
MISCELLANEOUS
57. The Declaration of Covenants, Conditions and Restrictions shall include
provisions assuring maintenance of all open space areas, streets, driveways,
drainage and sewage systems which are private. The City of Chuta 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.
58. Submit copies of Final Maps, improvement plans and grading plans 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" FID 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.
59. Tie the boundary of the subdivision to the California System - Zone VI (1983).
60. Design all Dwelling units to preclude interior noise levels over 45 dBA and all
exterior private open space shield to limit noise exposure to 65 dBA.
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61. Prior to approval of the final map and issuance of grading permits, provide a
comprehensive fencing/retaining wall program incorporating the following
fencing standards:
a. Where privacy fences are installed directly over, or immediately adjacent
to retaining walls, the overall wa~l/fence height shall not exceed 8 ft.
Where higher retaining wall/fence conditions occurs, a four foot
landscape transition strip between the wall and the fence shall be
provided.
b. Retaining walls along interior and exterior property lines shall not exceed
4 ft in height.
c. Fences, retaining walls or a combination of both located within the
required front setback area shall be limited to forty two inches in height
(42").
d. Provide a design and install 5 ft. high decorative fences on along the
exterior side yard of all corner lots.
62. Revise the subdivision design, as necessary, to comply with the following
criteria:
West Neiqhborhood
Minimum lot dimensions 45' X 70 (average size 47' X 75')
Lot area 3,150 sq. ft. (average 3,500 sq. ft.)
Cul-de-sac/knuckle lot frontage 35 ft.
East Neiqhborhood
Minimum lot dimensions 50' X 55' ( average lot size 53' X 59')
Min Lot area 2,800 sq. ft. (average 3,200 sq. ft.)
Cul-de sac/knuckle lot frontage 35 ft.
63. 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.
CODE REQUIREMENTS:
Code requirements to be included as Conditions of Approval:
64. Comply with all applicable sections of the Chula Vista Municipal Code and the
policies. 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.
65, Underground all utilities within the subdivision in accordance with Municipal
Code requirements.
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66. Pay all the 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.
67. 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.
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.
VU. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision and condition herein stated;
and that in the event that any one or more terms, provision, or conditions are
determined by a Court of competent jurisdiction top be invalid, illegal or unenforceable,
this resolution shall be deemed to be automatically revoked and of no further force and
effect ab initio.
Presented by Approved as to form by
Robert A. Leiter ny
Planning Director
Resolution 18888
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"' ...... 'T m"qr
Resolution 18888
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Resolution 18888
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Resolution 18888
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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, 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. 18888 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.
~Authelet, City Clerk