HomeMy WebLinkAboutReso 1996-18175 RESOLUTION NO. 18175
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING CHULA VISTA TRACT 95-04, A TENTATIVE
SUBDIVISION MAP FOR 9 LOTS CONTAINING A TOTAL OF 135
SINGLE FAMILY DETACHED TOWNHOMES ON 11.68 ACRES
ATTHE SOUTHWEST CORNER OF NORTH GREENSVIEW DRIVE
AND HUNTE PARKWAY.
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, and commonly known as Unit 22 of EastLake Greens Tentative
Subdivision Map, Chula Vista Tract 95-04; and for the purpose of general description
herein consists of 11.68 acres and is located at the southwest corner of North
Greensview Drive and Hunte Parkway within the EastLake Greens Planned Community
("Project Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on July 26, 1995 California Pacific Homes ("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 EastLake Greens Unit 22,
Chula Vista Tract 95-04 in order to subdivide the Project Site into 9 lots containing a
total of 135 dwelling units with 2.1 acres of interior open space and a 1.5 acre public
open space lot ("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, and SPA amendment previously
approved by City Council Resolution No, 18159 and Ordinance 2658 on December 19,
1995; and
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Page 2
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on December 13, 1995, and voted 7-0 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 on the Project was held before the
City Council of the City of Chula Vista on January 9, 1996, on the Project and to
receive the recommendations of the Planning Commission, and to hear public
testimony with regard to same.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and
resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing on the Project held on December 13, 1995, and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding.
III. PREVIOUS EIR-86-04 AND ADDENDUM FSEIR-86-O4(B) REVIEWED AND
CONSIDERED; FINDINGS; APPROVALS
The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and
approved EIR-86-04 and Addendum FSEIR-86-04(B) and therefore no further action by the
City Council 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 Greens Unit 22, Chula Vista Tract No. 95-04 is in conformance with the
elements of the City's General Plan, based on the following:
a. Land Use
The project, as conditioned, is in substantial compliance with the GDP and SPA
which designate parcel R-22 as Medium High Density Residential (11-18 du/ac)
and a target density of 11.9 du/ac and a maximum of 139 dwelling units.
b. Circulation
All of the on-site streets are private. 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.
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c. Housing
The EastLake Greens Affordable Housing Program and Agreement has been
adopted and incorporated into the SPA Plan to ensure that a minimum of 10%
affordable housing including a mix of housing types and lot sizes for single-
family, townhomes, condominium and various apartment densities will provide
a wide spectrum of housing prices for persons of various incomes.
d. Conservation
The Environmental Impact Report EIR-86-04 and Addendure FSEIR-86-04(B)
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 EastLake Greens SPA Plan provides public parks, trails and open space
consistent with City policies.
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 EIR-86-
04 and Addendum FSEIR-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 noise levels over 45 dBA. Additionally, all exterior
private open space will be shielded by a wall, and/or buildings to limit the
exterior noise exposure to 65 dBA for all outside private patio areas.
i. Scenic Highway
The project site is not located adjacent to a designated scenic highway.
However, a decorative wall will be provided along Hunte Parkway.
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j. Bicycle Routes
Bicycle lanes have been incorporated within the EastLake Greens Planned
Community 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.
Bo 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 units 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 Tentative Subdivision Map Chula Vista Tract 96-02 and EIR-86-
04 and Addendum FSEIR-86-04 (B) 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 EIR-86-04 and Addendure FSEIR-86-04 (B).
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C. Implement previously adopted conditions of approval pertinent to project
Comply with all unfulfilled conditions of approval applicable to Unit 22 for the EastLake
Greens Tentative Map, Chula Vista Tract 88-3 established by Resolution No. 15200
approved by Council on July 18, 1989 and for the amended EastLake Greens Tentative
Map, Chula Vista Tract 88-3A established by Resolution No. 17618 approved by
Council on August 16, 1994.
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.
If phasing is proposed within an individual map or through multiple final maps, submit
and obtain approval for a development phasing plan by the City Engineer and Director
of Planning prior to approval of any final map. 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 conditional
approval of each final map with the 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 revision.
D. Implement Public Facilities Financing Plan
Developer shall comply with the terms set forth in the EastLake Greens Public Facilities
Financing Plan ("PFFP"), as may be amended from time to time, and shall install public
facilities in accordance with the PFFP 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
Developer shall develop the lots in accordance with plans approved under the City's
design review process by the Zoning Administrator.
VI. SPECIAL CONDITIONS OF APPROVAL
Prior to approval of the final map unless otherwise indicated, the developer shall:
STREETS, RIGHTS-OF-WAY AND IMPROVEMENTS
1. Design and construct all streets to meet the City standards for private 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.
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2. Provide decorative pavement delineating the boundary between the public and
private streets.
3. Install a pedestrian ramp on the north side of North Greensview Drive opposite
the southwesterly corner of the subdivision entrance. Remove existing pedestrian
ramp opposite the existing temporary AC improvements and replace with curb, gutter
and sidewalk. Design and construct sidewalk and all pedestrian ramps, including those
on private property, to meet City standards.
4. Replace existing AC curb and sidewalk along the project northwesterly
boundary on North Greensview Drive with monolithic curb, gutter and sidewalk.
5. Remove existing curb, gutter and sidewalk at project entry and replace with
cross gutter.
6. Design all public monolithic curb, gutter and sidewalk and cross gutter in
conformance with City standards.
7. Designate all on site sewer and storm drain facilities to points of connections
to existing public facilities within public streets as private.
8. Construct all public improvements (cross gutters, curb and gutter, sidewalk,
pedestrian ramps, utilities, etc) in accordance with City standards deemed necessary
to provide service to the subject subdivision.
9. 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.
GRADING
10. Provide an updated soils report or an addendure to the original document
prepared by a registered engineer, as required by the City Engineer.
11. Submit and obtain approval by the City Engineer for an erosion and
sedimentation control plan as part of grading plans.
12. Submit letters of permission to grade for all off-site grading.
13. Show the location of existing cut/fill lines on grading plans.
14. Submit an updated hydrology report for the project.
15. All grading and pad elevations shall be within 2 feet of the grades and
elevations shown on the tentative map dated October 24, 1995 or as otherwise
approved by the City Engineer and Planning Director.
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AGREEMENTS
16. 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.
17. 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.
18. Agree to hold the City harmless from any liability for erosion, siltation or
increase flow of drainage resulting from this project.
19. 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.
20. Agree to provide a continuous rear yard masonry wall at least 3.5 ft. in height
extending from the units 58~59 to the unit 84/85 (units 58-62, 66-69,74-78 and 83-
84). prior to issuance to building permits for each phase . The wall shall be design in
accordance with the fencing guidelines established in the EastLake Greens Design
Guidelines.
OPEN SPACE/ASSESSMENTS
21. Offer to grant in fee on the Final Map open space Lot "A". The minimum width
of Lot "A" shall be 10 feet.
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22. Submit a list of all facilitiea located on open space lots 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.
23. Pay additional fees as determined by the City Engineer, into Assessment District
Numbers 85-2, 90-3 and other applicable assessments districts due to a change in
units approved subsequent to District formation.
24. Pay additional Transportation DIF fees as determined by the City Engineer into
the DIF fund due to a change in units approved subsequent to the formation of AD 90-
3, which funds a portion of the Transportation DIF.
25. 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.
26. 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'
27. 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.
28. Grant to Otay Municipal Water District a 10' wide easement for construction
and maintenance of water facilities within open space Lot A. Provide acceptance
certificate of said easement on final map.
29. Indicate on the final map future private storm drain and private sewer
easements to the Homeowners' Association over the storm drain and sewer facilities
within open space Lot A.
30. Indicate on the final map the existing 10 foot future street reservation along
Hunte Parkway.
31. Obtain, prior to approval of any final map, an access easement from the
southerly adjacent property owner to construct and be able to use the proposed
overlook and pedestrian walk that connects the project with the pedestrian trail shown
outside the tentative map boundaries.
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~.
MISCELLANEOUS
32. Provide evidence of compliance with parkland dedication and park improvement
requirements (Condition #39 of Resolution No. 15200) or pay the corresponding Park
Acquisition and Development (PAD) fees, or obtain approval of waiver for PAD fees
from the Directors of Parks and Recreation and Planning Department in accordance
with Condition #38 (f) of the above mentioned Resolution.
33. The Declaration of Covenants, Conditions and Restrictions (CC&R's) shall
include provisions assuring maintenance of all streets, driveways, drainage and sewage
systems which are private. The City of Chula Vista shall be named as party to said
Declaration authorizing the City to enforce the terms and conditions of the Declaration
in the same manner as any owner within the subdivision.
a. The CC&R's shall include language which provides for the private streets
within each phase of development to be owned equally (in co*tenancy) as part
of the Common Area by the individual condominium owners within the phase
of development. The private streets shall not be owned by a homeowners
association. The homeowners association shall be prohibited from acting as
agent to dedicate or convey for public street purposes such land held by the
condominium owners in co-tenancy.
b. Agree to include in the Articles of incorporation or Charter for the
Homeowners' Association (HQA) provisions prohibiting the HOA from acting as
agent to dedicate or convey for public street purposes land used for private
streets.
34. Submit CC&R's for review and approval by the Director of Planning prior to
approval of the first final map.
35. Show on the final map, a table indicating the number of dwelling units per each
lot and the total number of dwelling units for the subdivision.
36. Submit, process and record a boundary adjustment along the southerly
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.
37. Tie the boundary of the subdivision to the California System -Zone VI (NAD
'83).
38. Submit copies of Final Maps in a digital format such as (DXF) graphic file prior
to approval of each Final Map. Provide computer aided Design (CAD) copy of the Final
Map based on accurate coordinate geometry calculations and submit the information
in accordance with the City Guidelines for Digital Submittal in duplicate on 5-1/4 or 3-
1/2 HD floppy disk prior to the approval of each Final Map.
39. Provide written evidence of agreement with the Chula Vista School District
regarding the provision of adequate school facilities for the project prior to approval of
a final map.
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40. Comply, remain in compliance and implement the plans approved by the Zoning
Administrator, DRC-96-02.
41. Prior to approval of the first final map, obtain an easement from the southerly
adjacent Golf Course property owner to install and use the pedestrian linkage and view
point shown in the tentative map.
42. Submit and obtain approval for a development phasing plan by the City Engineer
and Director of Planning prior to approval of any final map. Improvements, facilities,
dedications and construction of all improvements, including but not limited to, streets,
open space and recreation areas to be provided with each phase or unit of
development shall be as determined by the City Engineer and Director of Planning.
43. The common area designated as "passive open space" shall be developed with
the first construction phase.
44. Residential construction tax (RCT) shall be paid except as otherwise modified
by the EastLake Greens Public Facilities Financing Plan.
45. The overlook and pedestrian trail shown along the south property line, outside
the tentative map boundaries shall be constructed before the issuance of any building
permits for the final phase of the project.
CODE REQUIREMENTS
46. 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.
47. Underground all utilities within the subdivision in accordance with Municipal
Code requirements.
48, 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).
f. Salt Creek Sewer Basin DIF.
I 't I
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g. PAD fees.
Pay the amount of said fees in effect at the time of issuance of building
permits.
VII. 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.
VIII. 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.
IX. 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 rov as t~/~or b _~
i orne
Director of Planning C ty Att y
Resolution 18175
Page 12
,-. Exhibit A
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Resolution 18175
Page 13
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of January, 1996, by the following vote:
AYES: Councilmembers: Alevy, Moot, Rindone, Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: Padilia
ABSTAIN: Councilmembers: None
~rto~, ~yor
ATTEST:
Beverly ~. A~thelet, 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. 18175 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 23rd day of January,
1996.
Executed this 23rd day of January, 1996.
~Au~helet, City Clerk