HomeMy WebLinkAboutReso 1996-18176 RESOLUTION NO. 18176
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING CHULA VISTA TRACT 96-03, A TENTATIVE
SUBDIVISION MAP FOR 70 SINGLE FAMILY LOTS AND 3 OPEN
SPACE LOTS ON 20.3 ACRES LOCATED ON THE WEST SIDE
OF SOUTH GREENSVIEW DRIVE WITHIN THE EASTLAKE
GREENS PLANNED COMMUNITY o EASTLAKE DEVELOPMENT
COMPANY
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 23 of EastLake Greens Tentative
Subdivision Map, Chula Vista Tract 96-03; and for the purpose of general description
herein consists of 20.3 acres located on the west side of South Greensview Drive,
between EastLake Parkway and Hunte Parkway, within the EastLake Greens Sectional
Planning Area of the EastLake Planned Community ("Project Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on September 27, 1995 EastLake DevelOpment 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 EastLake
Greens Unit 23, Chula Vista Tract 96-03 in order to subdivide the Project Site into 70
residential lots and 3 open space lots (lots A, B, and C) ("Project"); and
C. Prior Discretionary Approval
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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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-86-04(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 23, Chula Vista Tract No. 96-03 is in conformance with the
elements of the City's General Plan, based on the following:
a, Land Use
The EastLake Greens General Development Plan designates parcel R-23 as
Low/Medium density Residential (3-6 du/ac). The SPA plan provides a target
density of 3.5 du/ac and a maximum of 72 dwelling units. The project, as
conditioned, is in substantial compliance with the GDP and SPA.
b. Circulation
All of the on-site public streets and off-site public streets required to serve the
subdivision will be constructed or DIF fees paid by the developer in accordance
with the EastLake Greens Public Facilities Financing Plan and Development
Agreement.
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The public streets within the Project 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 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, townhouses, 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 Addendum 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-86-04B 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.
i. Scenic Highway
The project site is not located adjacent to a designated scenic highway.
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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 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 Tentative Subdivision Map Chula Vista Tract 96-03 and EIR-86-
04 and Addendure FSEIR-86-O4(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 Addendum FSEIR-86-04(B).
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C. Implement previously adopted conditions of approval pertinent to project
Unless otherwise conditioned, developer shall comply with all unfulfilled conditions of
approval of the EastLake Greens Tentative Map, Chula Vista Tract 88-3 established by
Resolution No. 15200 approved by Council on July 18, 1989 and Amending Resolution
17618, 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 as are applicable to the property which is the subject matter
of this tentative, prior to approval of the Final Map or shall have entered into an
agreement with the City, providing the City with such security (including a recordation
of covenants running with the land) and implementation procedures as the City may
require, assuring that after approval of the Final Map, the developer shall continue to
comply with, remain in compliance with, and implement such plans.
D. Implement Public Facilities Financing Plan
Developer shall 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.
F. Project Phasing
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.
VI. 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. 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.
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2. Install a cross gutter on South Greensview Drive at the subdivision entry.
3. Install a pedestrian ramp on the north side of South Greensview Drive opposite
the southwesterly corner of the subdivision entrance to meet City standards.
4. Street light locations shall be approved by the City Engineer.
5. Construct, or guarantee the construction of, of all public improvements (streets,
cross gutters, curb and gutter, sidewalk, pedestrian ramps, utilities, sewer, storm
drain, etc) deemed necessary to provide service to the subject subdivision in
accordance with City standards.
6. Submit an hydrologic and hydraulic studies and calculations, including dry lane
calculations for Streets "A", "B", and "C".
7. Present written verification to the City Engineer from Qtay Water District that
the subdivision will be provided adequate water service and long term water storage
facilities,
8. Provide paved access to all public sewer manholes (minimum 15' width)
adequate to accommodate H-20 wheel load.
9. Provide temporary turnarounds for emergency vehicle access at all unit
boundaries to the satisfaction of the Fire Marshal.
10. Submit and obtain approval of construction plans to install off-site sewer and
storm drain facilities from the subdivision boundary to point of connection with existing
facilities in South Greensview Drive. Construction of said facilities shall be guaranteed
prior to approval of the final map. Align said off-site sewer and storm drain facilities
within public street rights-of-way or as otherwise approved by the City Engineer.
GRADING AND 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 addendum to the original document
prepared by a registered engineer, as required by the City Engineer.
13. Submit and obtain approval by the City Engineer for an erosion and
sedimentation control plan as part of grading plans.
14. Submit letters of permission to grade for all off-site grading.
15. Show the location of existing cut/fill lines on grading plans.
16. Provide a minimum 10' wide area with a maximum slope of 2% behind the back
of sidewalk along the cul-de-sac of Street "A".
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17. 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,
AGREEMENTS
18. 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.
19. 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.
20. Agree to hold the City harmless from any liability for erosion, siltation or
increase flow of drainage resulting from this project,
21. 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.
22. Agree to provide a noise study addressing noise impacts generated by major
streets surrounding the project (South Greensview) and implement any measures
necessary to mitigate noise impacts to acceptable levels prior to issuance of building
permits.
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23. Agree to provide decorative type fencing, per established EastLake fence
design, along the rear property lines of lots 45 and 46. Said fencing should be
integrated with the design of lot 55 exterior fence and front fence of lot 56.
OPEN SPACE/ASSESSMENTS
24. Offer to grant in fee on the Final Map Open Space Lots "A", "B", and "C". The
minimum width of Lots "A" and "B" shall be 10 feet. The City Clerk's statement on
the final maps shall indicate rejection of said lots subject to future acceptance in
accordance with the State Subdivision Map Act.
25. 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 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.
26. Pay additional fees into Assessment District Numbers 90-3, 91-1 and 94-1 due
to a change in units approved subsequent to District formation as determined by the
City Engineer.
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. Submit all disclosure forms for the approval of the City Engineer.
EASEMENTS
29. Grant to the City a 10' wide easement for general utility purposes along public
street frontage of Open Space Lots A and B offered for dedication to the City.
30. Grant to Otay Municipal Water District a 20' wide easement for construction
and maintenance of water facilities within Open Space Lot B and Lot 62. Provide
acceptance certificate of said easement on final map.
31. Grant a minimum 10' easement to the City of Chula Vista for construction and
maintenance of public sewer facilities within Lots 45 and 41 on the final map.
32. Grant a minimum 10' easement to the City of Chula Vista for construction and
maintenance of storm drain facilities within Lots 24, 28, 41, and 45 on the final map.
33. Grant off-site easements to the City of Chula Vista for construction and
maintenance of off-site public storm drain and sewer facilities prior to approval of the
final map.
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34. Relinquish all access rights to Street B along the frontage of Lots 44 and 45.
MISCELLANEOUS
35. 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.
36. Submit, process and record a boundary adjustment for Lots 8, 9, and 10 of the
EastLake South Greens Phase 2 & 3 Final Map prior to approval of any final map for
this subdivision.
37. Tie the boundary of the subdivision to the California System -Zone VI (NAD
'83).
38. Submit copies of each final map and improvement plan 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. Modify lot 11 to meet the required 50 ft. minimum lot width at the building
setback line.
40. Provide a construction schedule with trigger points for the construction of parks
P-3 and P-5 for review and approval by the Parks and Recreation Department prior to
any final map.
41. Create an open space lot for the strip of land located between the rear property
lines of parcels 45 and 46 and the cul-de-sac at the east end of Street B. As stated in
condition 22, offer to grant said open space lot in fee on the Final Map. The City
Clerk's statement on the final maps shall indicate rejection of said lots subject to future
acceptance in accordance with the State Subdivision Map Act.
42. Provide a declaration of Covenants, Conditions, and Restrictions for this project
to the Planning Department for review and approval prior to approval of the final map.
Said CC&R's shall include provisions assuring maintenance of the above-referenced
fencing and landscaping. The City of Chula Vista shall be named as a party to said
Declaration, and the City shall be authorized to enforce the terms and conditions of the
Declaration in the same manner as any owner within the subdivision.
CODE REQUIREMENTS
43. 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
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of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and
Subdivision Manual.
44. Underground all utilities within the subdivision in accordance with Municipal
Code requirements.
45. Provide an all weather driving surface for fire access during construction.
46, Ensure that required fire hydrants are installed and operable prior to delivery of
any combustible construction materials.
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.
f. Salt Creek Sewer Basin DIF (or submit letter of credit prior to final map
approval).
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.
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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 Ap d as to form
Robert A. Leiter
oogaard '
Director of Planning City Attorney
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Exhibit A 7"'
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 9th day of January, 1996, by the following vote:
AYES: Councilmembers: Alevy, Moot, Rindone, Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: Padilia
ABSTAIN: Councilmembers: None
~Horton, Mayor
ATTEST:
Bev~erly~.Aut~elet, 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. 18176 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 9th day of January,
1996.
Executed this 9th day of January, 1996.
Beverl~.Authelet, City Clerk
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