Loading...
HomeMy WebLinkAboutReso 1995-17935 RESOLUTION NO. 17935 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING CONDITIONS ON THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE GREENS UNIT 28, CHULA VISTA TRACT 95-05, MAKING THE NECESSARY FINDINGS AND READOPTING THE MITIGATED NEGATIVE DECLARATION AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR IS-94-19 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 Unit 28 of EastLake Greens Tentative Subdivision Map, Chula Vista Tract 88-3; and for the purpose of general description herein consists of 6.0 acres and located on the north side of Clubhouse Drive between Greensview Drive and Hunte Parkway within the EastLake Greens Sectional Planning Area of the EastLake Planned Community f"'" ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on March 31,1995 EastLake Development Company ("Owner") and California Pacific 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 Eastlake Greens Unit 28, Chula Vista Tract 95-05 in order to subdivide the Project Site into 9 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) General Development Plan 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"); and 3) a Tentative Subdivision Map, previously approved by City Council Resolution No. 15200 ("TSM"), Chula Vista Tract 88-3, all approved on July 18, 1989; 4) an Air Quality Improvement Plan, EastLake Greens Air Quality Improvement Plan (AQIP); and 5) a Water Conservation Plan, EastLake Greens Water Conservation Plan (WCP); both previously approved by City Council Resolution No. 16898 on November 24, 1992; and 6) a GDP, SPA, TSM, AQIP and WCP amendment previously approved by City Council Resolution No. 17618 on August 16, 1994; and Resolution No. 17935 Page 2 D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on said project on May 24, 1995, and voted (6-0) to recommend that the City Council approve the Project, based upon the findings and subject to the conditions listed below. 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 June 20, 1995, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, 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 May 24, 1995, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. MITIGATED NEGATIVE DECLARATION REVIEWED AND CONSIDERED; MITIGATION MONITORING AND REPORTING PROGRAM; FINDINGS; APPROVALS A. Mitigated Negative Declaration The City Council of the City of Chula Vista has reviewed, analyzed and considered the previously approved Mitigated Negative Declaration on IS-94-19 (known as Document No. C094-180 on file in the Office of the City Clerk) and comments thereon, the environmental impacts therein identified for this project and the Mitigation Monitoring and Reporting Program ("Program") (known as Document No. CO94-181 on file in the Office of the City Clerk) thereon prior to approving the Project. Based on the Initial Study and comments thereon, the Council finds that there is no substantial evidence that the Project will have a significant effect on the environment and thereby readopts the Mitigated Negative Declaration. B. Mitigation Monitoring and Reporting Program The City Council of the City of Chula Vista finds that the significant environmental effect(s) identified in the Mitigated Negative Declaration will be reduced to below a level of significance if the mitigation measures in the Mitigation Monitoring and Reporting Program are implemented. The Mitigation Monitoring and Reporting Program is hereby readopted to ensure that its provisions are complied with. I'11~ Resolution No. 17935 Page 3 IV. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration on IS-94-19 and Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that Mitigated Negative Declaration IS-94-19 reflects the independent judgment of the City of Chula Vista City Council. VI. 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 Greens Unit 28, Chula Vista Tract No. 95-05 is in conformance with the elements of the City's General Plan, based on the following: a. Land Use The proposed density of 8.5 du/ac is in compliance with the previously approved EastLake Greens SPA Plan density range (5-15 du/ac) for the subject parcel. b. Circulation All of the on-site private streets and drives 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 Financing Plan and Development Agreement. The private streets/drives within the subdivision will be designed in accordance with the City design standards and/or requirements. The adjoining street system was designed to handle the anticipated flow of traffic from this and other area projects. c. Housing The EastLake Greens SPA Plan area has been conditioned to provide a minimum of 10% affordable housing including a mix of housing types and lot sizes for single-family, townhouses, condominium and various apartment densities that will provide a wide spectrum of housing prices for persons of various incomes. The proposed single-family detached residential housing type is consistent with the EastLake Greens SPA Plan. 7' Resolution No. 17935 Page 4 d. Conservation The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for IS-94-19 addressed the goals and policies of the Conservation Element of the General Plan and found the development of this site to be consistent with these goals and policies. e. Parks and Recreation, Open Space The project site is located within the EastLake Greens SPA Plan area. The EastLake Greens SPA Plan provides public parks, trails and open space consistent with City policies. The project will implement in part conditions of approval for the EastLake Greens SPA Plan requiring the provision/construction of a golf course trail, f. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. g. 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. h. Noise Noise mitigation measures included in the Environmental Impact Report SEIR-86-04 and Mitigated Negative Declaration IS-94-19 adequately address the noise policy of the General Plan. All dwelling units within the project will be required to be designed so as to not exceed the interior noise level of 45 dBA. Additionally, all exterior private open space will be shielded by a combination of earth, berm, wall, and/or buildings to achieve a 65 dBA noise level for outside private areas. i. Scenic Highway The project site is not located adjacent to any designated scenic highway but a landscaped open space buffer and a decorative wall will be provided along the Clubhouse Drive frontage in order to enhance the appearance of the project from the street. j. Bicycle Routes Bicycle lanes have been incorporated within the EastLake Greens Resolution No. 17935 Page 5 Planned Community area design and are presently in use. k. 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. VIII. 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 Mitigated Negative Declaration IS-94-I 9 except as modified by this Resolution. B. Implement Mitigation Measures Developer shall diligently implement, or cause the implementation of, all mitigation measures pertaining to the Project identified in the Final Supplemental Impact Report for Eastlake Greens FEIR-86-04 and Mitigated Negative Declaration IS-94-19. C. Implement the Mitigation Monitoring and Reporting Program Developer shall implement, or cause the implementation of, all portions of IS- Resolution No. 17935 Page 6 94-19 Mitigation Monitoring and Reporting Program pertaining to the Project. D. 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 Tentative Map, Chula Vista Tract 88-3 established by Resolution No. 15200 approved by Council on July 18, 1989, and any subsequent amendment(s) to such Tentative Map condition(s) approved by the City Council, the General Plan Amendment conditions adopted by Resolution No. 17309 by the City Council on December 14, 1993, and shall remain in compliance with and implement the terms, conditions and provisions of Eastlake Greens Sectional Planning Area, Eastlake Greens Planned Community District Regulations, the Eastlake Greens Development Agreement, the Water Conservation Plan and the Air Quality Plan, Design Guidelines and the Public Facilities Financing Plan. E. 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. F. Project Phasing 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, if phasing is proposed within an individual map or through multiple final maps. The phasing plan shall include: a. A site plan showing the lot lines and lot numbers, the phase lines and phase numbers and number of dwelling units in each phase. b. 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 No. 17935 Page 7 IX. SPECIAL CONDITIONS OF APPROVAL Prior to approval of the final map, unless otherwise indicated, the Developer shall: STREETS. RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS 1. Design and construct all streets to meet the City standards for public residential streets, or as approved by the City Engineer. Submit improvement plans for approval by the City Engineer detailing the horizontal and vertical alignment of said streets. 2. The name of the proposed private street (Palomira Street) shall be changed to "Corte Palomira" or "Palomira Court." Said modification shall be reflected in the final map for the Project Site. 3. Locate the centerline of entry to the subdivision a minimum of 250' from the centerline of the nearest street intersection. 4. Provide a turnaround of 28' minimum radius at the private street entrance to subdivision or as approved by the City Engineer. 5. Provide decorative pavement delineating the boundary between the public and private streets. ~ 6. Install a pedestrian ramp on the south side of Clubhouse Drive opposite the northwesterly corner of Corte Palomira to City Standards. Design all pedestrian ramps, including those on private property, in accordance with City standards. 7. Relocate the existing street light on Clubhouse Drive to the northwesterly corner of Corte Palomira. 8. Align the public sewer to be outside of fenced areas. 9. Design public sewer with the minimum radius for 8" diameter PVC sewer to be 280' ("Greenbook" table 306-1.2.13(C)). 10. Sewer mains on private street and connection to existing public sewer in Clubhouse Drive may be public. All other sewer lines are to be private. Provide City access through gated entry for public sewer maintenance. 11. Provide a minimum 12' wide improved access designed to H-20 wheel loading to all public sewer manholes. 12. Connect the water line serving the subdivision to the existing water line in Clubhouse Drive at a more direct point of connection westerly of the proposed point of connection. 13. Guarantee the construction of all public improvements (street lights, sewers, Resolution No. 17935 Page 8 curb and gutter, sidewalk, pedestrian ramps, utilities, etc) deemed necessary to provide service to the subject subdivision in accordance with City standards. 14. Provide to the City a letter from Otay Municipal Water District indicating that the assessments/bonded indebtedness for all parcels dedicated to the City have been paid or that no assessments exist on the parcel(s). 15. Present written verification to the City Engineer from Dtay Water District that the subdivision will be provided adequate water service and long term water storage facilities. 16. Design and construct all required water facilities in accordance with Otay Water District standards and pay all appropriate water fees. GRADING AND DRAINAGE 17. Provide an updated soils report or an addendum to the original document prepared by a registered engineer, as required by the City Engineer. 18. Submit and obtain approval by the City Engineer for an erosion and sedimentation control plan as part of grading plans. 19. Submit letters of permission to grade for all off-site grading. ""' 20. Submit a list of proposed lots indicating whether the structure will be located on fill, cut, or a transition between the two situations. 21. Submit an updated hydrology report for the project. AGREEMENTS 22. 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. 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. ~..., Resolution No. 17935 Page 9 23. 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 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. 24. Agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 25. 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. 26. Agree to submit a detail landscape and irrigation plan for open space lots A,B,C,D,E and common open space areas inclusive of front and exterior side yard areas to the City Landscape Architect for review and approval prior to issuance of grading permits. The plans shall provide tree/shrub species size information, and hardscape materials specifications. The final landscape/irrigation plans shall be in compliance with Section 6.4 (General Landscape Concept) of the Eastlake Greens SPA. 27. Agree to improve the golf course view point west of the subject site in conjunction with the development of the Project Site and install golf course trail markers along N. Greensview Drive and Hunte Parkway in accordance with the Eastlake Greens Trails Plan. Detailed development plans for the golf course view point and trail marker design details shall be submitted to the Planning Department and Parks and Recreation Department for review and approval prior to issuance of building permits. 28. Agree to comply with all conditions of approval for DRC-95-29. OPEN SPACE/ASSESSMENTS 29. Offer to grant in fee on the Final Map open space Lots "A", "B", "C", "D" and "E". The minimum width of Lot "A" shall be 10 feet. 30. Submit a list of all facilities located on open space lots to be maintained by the existing Eastlake Maintenance District No. 1. This list shall include a Resolution No. 17935 Page 10 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. 31. Pay additional fees on a fair-share basis into Assessment District Numbers 85- 2, 90-3 and other applicable assessments districts due to a change in units approved subsequent to District formation as determined by the City Engineer. 32. Pay additional Transportation DIF on a fair-share basis into the DII= fund due to a change in units approved subsequent to formation of AD 90-3, which funds a portion of the Transportation DIF, as determined by the City Engineer. 33. 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 $40/unit/district to cover costs. 34. Prepare a disclosure form to be signed by the home buyer acknowledging that additional fees have been paid into the Assessment District or the ~"' Transportation DIF Fund, and that these additional fees are reflected in the purchase price of the home for those units which have a density change from that indicated in the assessment district's Engineer's Report. Submit disclosure form for the approval of the City Engineer. EASEMENTS 35. Grant to the City a 10' wide easement for general utility purposes along street frontage of all open space lots proposed for dedication to the City. 36. Grant to the City a 10' wide easement for construction and maintenance of public sewer facilities within open space Lot E. 37. Grant to the City a minimum 12' wide easement over public sewer within Lot E and the private drive at the westerly terminus of Corte Palomira. 38. Grant to the City a minimum 24' wide general utility and access easement within Corte Palomira. 39. Grant to Otay Municipal Water District a 10' wide easement for construction and maintenance of water facilities within open space Lot E. Provide acceptance certificate of said easement on final map. 40. Indicate on the final map a future private storm drain easement to the Resolution No. 17935 Page 11 Homeowners' Association over the storm drain facilities within Lot E. MISCELLANEOUS 41. Submit, process and record a boundary adjustment along the easterly boundary of the proposed project prior to final map approval or include the owner of the adjacent property (EastLake Golf Course) as signator on the final map. 42. File with the City of Chula Vista a copy of the Declaration of Covenants, Conditions and Restrictions (CC&R'S) applicable to the Project Site. The CC&R's shall include, among others, provisions for the: a. Formation of a homeowner's association (HOA). b. HOA responsibilities to maintain all private streets and driveways, commons areas inclusive of front and exterior side yard areas, private sewers and drainage systems, except those assumed by the Eastlake II Community Association. c. Prohibition of the television antennas, garage conversions, parking outside of the designated areas, parking of recreational vehicles and f"' boat trailers. d. Inclusion of the City of Chula Vista as a party to said Declaration authorizing the City to enforce the terms and conditions of said Declaration insolaf as said enforcement applies to areas of public concern, in accordance with CVMC section 18.44.010. 43. Tie the boundary of the subdivision to the California System -Zone VI (NAD '83). 44. 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 5-1/2 HD floppy disk prior to the approval of each Final Map. X. CODE REQUIREMENTS 45. 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. 46. Underground all utilities within the subdivision in accordance with Municipal f" Code requirements. Resolution No. 17935 Page 12 47. 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. Interim Pre-SR-125 impact fee (effective January 1, 1995). e. Telegraph Canyon Sewer Pumped Flows DIF (or submit letter of credit prior to final map approval). Pay the amount of said fees in effect at the time of issuance of building permits. 48.Install required fire hydrants prior to delivery of any combustible construction materials. 49. Install a knox-box or knox-key-switch at the gated entry, as required by the Fire Marshal. XI. 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. XII. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. XIII. 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 Resolution No. 17935 Page 13 effect ab initio, Presented by ApRr d as to /,, &. ~ ,~ ,,/· Robert A. Leiter Bruce M. Boog, Director of Planning City Attorney Resolution No. 17935 Page 14 IUIIII£RNiLL ~,~ CHULA VISTA PLANNING DEPARTMENT LO~TOR ~= Eo~llakeh~lopmentCo. iUBD~SION NORTH Resolution No. 17935 Page 15 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 20th day of June, 1995, by the following vote: YES: Councilmembers: Moot, Padilia, Rindone, Horton NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Alvey Shi , or ATTEST: erly ~,. Authelet, 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. 17935 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 June, 1995. Executed this 20th day of June, 1995.