Loading...
HomeMy WebLinkAboutReso 1995-17797 RESOLUTION NO. 17797 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING CONDITIONS ON THE TENTATIVE SUBDIVISION MAP FOR UNIT 15 AT EASTLAKE SOUTH GREENS, CHULA VISTA TRACT 95-02, 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 15 of EastLake Greens Tentative Subdivision Map, Chula Vista Tract 88-3; and for the purpose of general description herein consists of 11.9 acres located on the east side of South Greensview Drive approximately 300 ft. south of Clubhouse Drive within the EastLake Greens Sectional Planning Area of the EastLake Planned ,,- Community ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on August 18, 1994 EastLake Development Company ("Developer") and Western Salt Company ("Owner") 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 Unit 15 at EastLake South Greens, Chula Vista Tract 95-02 in order to subdivide the Project Site into 68 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. 17797 Page 2 D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on said project on December 21, 1994, and voted (4-0) 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 January 24, 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 December 21, 1994, 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. CO94-180 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 ~'~ Resolution No. 17797 Page 3 Monitoring and Reporting Program is hereby readopted to ensure that its provisions are complied with. 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 ,,I- for Unit 15 at Eastlake South Greens, Chula Vista Tract No. 95-02 is in conformance with the elements of the City's General Plan, based on the following: a. Land Use The proposed density of 5.4 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 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 public streets 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 Resolution No. 17797 Page 4 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. 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 Resolution No. 17797 Page 5 highway but a landscaped open space buffer and a decorative wall will be provided along the South Greensview 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 Planned Community area design and are presently in use. The public streets within the project are of adequate width to accommodate bicycle travel within the interior of the subdivision. 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 siting 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-94-19 except as modified by this Resolution. i1T; Resolution No. 17797 Page 6 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- 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 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 l Resolution No. 17797 Page 7 Planning. The City reserves the right to conditional approval of each final map with requirement to provide said 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 a revisions. IX. SPECIAL CONDITIONS OF APPROVAL Prior to approval of the final map unless otherwise indicated, the developer shall: STREETS, RIGHTS-OF-WAY AND IMPROVEMENTS 1. Submit for approval by the City Engineer detailed improvement plans in accordance with Chula Vista Design Standards, Chula Vista Street Standards, and the Chula Vista Subdivision Manual. Street sections shall comply with current City street design standards unless otherwise approved by the City Engineer. 2. Grant a 5.5' tree planting and maintenance easement to the City along Street "A" and "B". 3. Grant a 10' general utility easement along the frontage with South Greensview Drive of Lots A, B, and C. 4. Submit hydrologic and hydraulic studies and calculations, including dry-lane calculations for Street "A" and "B". 5. Submit and obtain approval from the Director of Planning and City Engineer for street names. 6. Develop the golf course view corridor parcel (Lot D) in accordance with the Golf Course Trail conceptual development plan attached thereto and made a part thereon and construct all improvements indicated thereon concurrently with the improvement of Street "A" and "B". 7. Provide temporary turnarounds for emergency vehicle access at all unit boundaries to the satisfaction of the Fire Marshal. 8. Provide minimum horizontal curve radii for all sanitary sewers of 200'. 9. Locate street lights to the satisfaction of the City traffic engineer. 10. 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. Resolution No. 17797 Page 8 GRADING/DRAINAGE 11. Submit for approval by the City Engineer a detailed grading plan in accordance with the Chula Vista Grading Ordinance 1741. 12. Provide an updated soils report or an addendure to the original document prepared by a registered engineer, as required by the City Engineer. 13. Obtain a letter of permission to grade for all off-site grading. 14. Show the cut/fill line on the grading plans and provide a list of lots indicating those lots located on cut, fill or transition. OPEN SPACE/ASSESSMENTS 15. Golf course view corridor Lot D shall be privately maintained and shown on the final map to be granted to the development's homeowners' association pursuant to CVMC 18,20.150. 16. Grant to the City a public access easement over Lot D. 17. Offer to grant in fee to the City Open Space lots A-C as shown on the approved tentative map. The City Clerk's statement on the final map shall indicate rejection of said lots subject to future acceptance in accordance with the State Map Act. 18. Submit a list of all facilities located in Open Space lots A-C proposed to be maintained by the existing Eastlake Maintenance District No. 1. 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. 19. Pay additional fees on a fair-share basis into Assessment District Numbers 90- 3, 91-1 or other applicable assessments districts due to a change in units approved subsequent to District formation as determined by the City Engineer. 20. Pay all costs associated with apportionment of assessments for all City assessment districts as a result of subdivision of lands within the project boundary. Request apportionment and provide a deposit to the City estimated at $40/unit/district to cover costs prior to approval of each final map. 21. Prepare a disclosure form to be signed by the home buyer acknowledging that additional fees have been paid into the Assessment District or the · n r' Resolution No. 17797 Page 9 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. 22. Submit all disclosure forms for the approval of the City Engineer. AGREEMENTS 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 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. 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 insure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable ,,l- 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. MISCELLANEOUS 26. Submit a comprehensive landscape plan for Lot A, B, C and D to the City Landscape Architect for review and approval prior to approval of the grading plan. Submit detailed irrigation plans and water management guidelines for all landscaping in accordance with the Chula Vista Design Manual. The landscaping format for the project shall be in substantial conformance with Section 6.4 (General Landscape Concept) of the EastLake Greens SPA. 27. Tie the boundary of the subdivision to the California System -Zone VI (NAD 1983). 28. Submit copies of each final map 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 maps based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital ,I Submittal in duplicate on 5-1/4" or 3-1/2" HD floppy disk prior to the approval Resolution No. 17797 Page 10 of each final map. 29.Update the Eastlake Greens Public Facilities financing Plan as required by Chapter V of said approved document. 30. Satisfy the requirement to pay the Transportation Development Impact Fees (TDIF) prior to final map approval if the fee is financed through an assessment district or pay the TDIF prior to issuance of building permits. X. CODE REQUIREMENT REMINDERS 31. 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 current standards, Subdivision Ordinance and Subdivision Manual. 32. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 33. Pay the following fees prior to issuance of building permits in accordance with the City Code and Council Policy: a. 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. Pay the amount of fees in effect at the time of issuance of building permits. The developer is advised that fees periodically change, and that it is the developer's responsibility to contact the appropriate City department or government agency to ascertain the amount of a given fee due to the time of collection. 34.Install required fire hydrants prior to delivery of any combustible construction materials. 35. Provide a brush management plan and fire resistive landscaping within open space areas, as required by the Fire Marshal. Resolution No. 17797 Page 11 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 effect ab initio. Presented by App~~~.~ito for y oogaard i rn Director of Planning C ty Atto ey T Resolutior~ No. 17797 Page 12 COU~E ~.3 DU /AC CHULA VISTA PLANNING DEPARTMENT LOCATOR ~; WESTERN SALT CO. m>jEcvmca~noN: $e. Gr~a~4ew Dr. Imerm'tl~ ~oRra NONE - 9S - 02 Exhibit A l Resolution No. 17797 Page 13 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of January, 1995, by the following vote: YES: Councilmembers: Fox, Moot, Rindone, Horton NOES: Councilmembers: None ABSENT: Councilmembers: Padilia ABSTAIN: Councilmembers: None Shirl~rton, Mayor ATTEST: 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. 17797 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 24th day of January 1995. Executed this 24th day of January, 1995. ? Beverly ~. Authelet, City Clerk