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HomeMy WebLinkAboutReso 1998-18878 RESOLUTION NO. 18878 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING CONDITIONS OF THE TENTATIVE SUBDIVISION MAP FOR SALT CREEK RANCH, NEIGHBORHOOD 5A, CHULA VISTA TRACT NO 98-01 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 Salt Creek Ranch Neighborhood 5A Tentative Subdivision Map, Chula Vista Tract 98-01; and for purpose of general description herein consists of 9.42 acres located on the east side of Lane Avenue just north of the existing Eastlake Business Center within the Salt Creek Ranch Planned Community ("Project site"); and B. Project; Application for Discretionary Approval WHEREAS, on Septernber 9, 1997 Pacific Bay Homes ("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 for Neighborhood 5A, Chula Vista Tract 98-01 in order to subdivide the Project site into 61 single family residential lots and 3 open space lots ("Project"); and C. Prior Discretionary Approvals WHEREAS, the development of the Project Site is subject to the following: (1) a General Development Plan, previously approved by City Council Resolution No. 15875 on September 25, 1990 (GDP); (2) Salt Creek Ranch Sectional Planning Area (SPA) plan, previously adopted by City Council Resolution No. 16555 on March 24, 1992; and (3) a Tentative Subdivision Map, previously adopted by City Council Resolution No. 16834 (TSM), Chula Vista Tract 92-02 approved on October 6, 1992; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on said Project on December 10, 1997 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 E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on January 20, 1998, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same. Resolution 18878 Page 2 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 December 10, 1997, 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 89-03 and Addendum FSEIR 91-03 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 Salt Creek Ranch Neighborhood 5A, Chula Vista Tract No. 98-01 is in conformance with the Salt Creek Ranch General Development Plan, Salt Creek Ranch Sectional Planning Area Plan and the elements of the City's General Plan, based on the following: 1. Land Use The Salt Creek Ranch General Development Plan (GDP) designates the site LM, Residential Low Medium (3-6 du/ac) with a total of 119 dwelling units at density of 9 du/ac. The proposed 61 lot subdivision 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, Salt Creek Ranch General Development Plan (GDP) 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 Salt Creek Ranch 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. 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 Salt Creek Ranch Planned Community for low and moderate income households. /1 T Resolution 18878 Page 3 In April 1997, the City Council approved a program and the applicant entered into an agreement for the provision of affordable Housing within the Salt Creek Ranch 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-89-03 and Addendure FSEIR 91-03 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 Salt Creek Ranch 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 EIR-89- 03 and Addendum FSEIR-91-03 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 is not adjacent to scenic highways. 10. Bicycle Routes When the street system in the Salt Creek Ranch 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. [ Resolution 18878 Page 4 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 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. 92-02, Resolution No. 16834 and FEIR 89-03 and Addendum FSEIR 91-03 Mitigation Measures except as modified by this Resolution. B. Implement previously adopted conditions of approval pertinent to project. Developer shall diligently implement, or cause the implementation of, all mitigation measures pertaining to the Project identified in the Final Environmental Impact Report FEIR-89-03 and Addendum FSEIR-91-03. C. Implement previously adopted conditions of approval pertinent to project Unless otherwise conditioned, developer shall comply with all unfulfilled conditions of approval of the Salt Creek Ranch Master Tentative Map, Chula Vista Tract 92-02, established by Resolution No. 16834 approved by Council on October 6, 1992, and shall remain in compliance with and implement the terms, conditions, and provisions of the Salt Creek Ranch Sectional Planning Resolution 18878 Page 5 Area (SPA) plan, General Development Plan, Planned Community District Regulations, Salt Creek Ranch Water Conservation Plan, Salt Creek Ranch Air Quality Improvement Plan, Salt Creek Ranch Residential Design Guidelines and Salt Creek Ranch 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 for this project 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 this 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 Salt Creek Ranch 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. Design Approval The lots shall be developed in accordance with the applicable Salt Creek Ranch Development 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. 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. 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). Resolution 18878 Page 6 G. 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 Salt Creek Ranch, Chula Vista Tract 92-02, Tentative Map established by Resolution No. 16834 approved by Council on October 6, 1992. 2. Install public facilities in accordance with the Salt Creek Ranch, 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 improvel~aent construction should conditions change to warrant such a revision. STREETS, RIGHTS-OF-WAY AND PUBLIC IMPROVEMENTS 3. Design and construct aH 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 improvernents shall include, but not be limited to, asphalt concrete pavernent, 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 map, the construction of public street improvements 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 City Engineer. Final approval of street names shall be by the Planning Commission. 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. 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 long | Resolution 18878 Page 7 term water storage facilities, and that the Tentative Map is in full compliance with all conditions specified in the Revised Otay Water District Subarea Master Plan For Salt Creek Ranch. 9. Connect proposed storm drain system to existing storm drain in Lane Avenue. Connect proposed sewer system to existing sewer in Lane Avenue. GRADING AND DRAINAGE 10. Submit hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. 11. Provide improved access to all storm drain clean outs or as approved by the City Engineer. 12. Submit to and obtain approval from the City Engineer for an erosion and sedimentation control plan as part of grading plans. 13. Provide an updated soils report or an addendure to the original document prepared by a registered engineer, as required by the City Engineer. 14. Design the storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. 15. The property owner shah submit "as built" improvement and storm drain plans as required by the City Subdivision Manual. Additionally, the property owner shall provide the City said plans in a digital DXF file format. 16. Lot lines shall be located at the top 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. 17. 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. 18. Maximum slope within the street planting easements shall be 5:1 in up and down conditions. AGREEMENTS 19. 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. N'T T Resolution 18878 Page 8 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 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. 20. 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. 21. Agree to hold the City harmless from any liability for erosion siltation or increase flow of drainage resulting from this project. 22. 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. 23. Agree to maintain all open space areas in accordance with standards approved by the City, indemnify the City from any legal action resulting from said maintenance and to grant said open space lots in fee title, subject to the City's IOD, to the applicable Home Owners Association. 24. Not protest formation or inclusion of the following: a. District for the maintenance of the Telegraph Canyon drainage channel. b. Sewer reimbursement district Resolution 18878 Page 9 OPEN SPACE/ASSESSMENTS 25. Grant an Irrevocable Offer of Dedication (IOD) to the City, on the Final Map for all open space lots within the subdivision, The minimum width of each open space shall maintain a 10-foot wide landscaped buffer area behind the back of sidewalk. 26. Submit a list of all facilities located on open space. 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 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. Each 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. Pay all costs associated with apportionment of assessments for all City assessment districts as a result of subdivision of lands within the boundary. Request apportionment and provide a deposit to the City estimated at $25/unit/district to cover costs. 28. Grade a level, clear area at least three feet wide, along the length of any wall abutting an open space district lot, 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. 29. Indicate on the grading plans that all wails which are to be maintained by the Salt Creek Ranch Master Homeowners Association are constructed entirely within the open space lots. 30. 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. 31. A detailed maintenance program, including maintenance schedules of planting material, irrigation system and all facilities and improvements within open space areas shall be included in the master CC&Rs and approved by the City. 32. Prior to the approval of any final map, the developer shall submit and obtain approval of a master homeowners association CC&R's by the City Engineer and Directors of Planning and Parks and Recreation. 33. All utilities which service open space shall be located within the open space or within dedicated City right-of-way. lIT Resolution 18878 Page 10 34. For walls which are located within the open space, 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. 35. Open space lots A, B, and C shall be granted to the Salt Creek Ranch Master Homeowners Association or the individual project's homeowners association in fee title subject to the City's Irrevocable Offer of Dedication. EASEMENTS 36. Grant to the City a 10' wide easement for general utility purposes along public street frontage of all open space lots offered for dedication to the City. 37. 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 35 and 36. 38. Grant to the City a 5.5 foot wide street tree planting and maintenance easement along all public streets within the subdivision. i~' MISCELLANEOUS 39. The Declaration of Covenants, Conditions and Restrictions shall include provisions assuring maintenance of all open space lots. 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. Should the Developer decide not to establish a homeowners association to maintain the open space areas, the Developer shall form a community facility district to the City's satisfaction. 40. Submit copies of Final Maps and improvement 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" HD or 3-1/2" disks prior to the approval of each Final Map. 41. Tie the boundary of the subdivision to the California System - Zone VI (1983). Resolution 18878 Page 11 CODE REQUIREMENTS TO BE INCLUDED AS CONDITIONS OF APPROVAL: Code requirements to be included as Conditions of Approval: 42. 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. 43. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 44. 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 connection fees. d. SR-125 impact fee. e. Telegraph Canyon Gravity Sewer Fee. f. Telegraph Canyon Drainage Basin Fee. 45. 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 demonstrate said compliance as required by the City Engineer. VL CONSEQUENCE OF FAILURE QF 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. l"1" Resolution 18878 Page 12 T"' 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, provisions, 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 Kenne Jo n . Kaheny Acting Planning Director Ci I1T Resolution 18878 Page 13 Exhibit A Resolution 18878 Page 14 Exhibit A 7' Resolution 18878 Page 15 Exhibit A Resolution 18878 Page 16 PASSED, APPROVBD, and ADOPTED by the City Council of the City of Chula Vista, California, this 20th day of January, 1998, by the following vote: AYES: Councilmembers: Moot, Padilia, Rindone, Salas and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ATTEST: Beverly~. Au'thelet, City Clerk 17 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. 18878 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 20th day of January, 1998. Executed this 20th day of January, 1998. ~Authelet, City Clerk ,7 m'] T