HomeMy WebLinkAboutReso 1995-17847 RESOLUTION NO. 17847
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT REQUIRING DEVELOPER TO
COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF
RESOLUTION NOS. 17797, 17618 AND 15200 AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, on January 24, 1995, by Resolution 17797 the City Council approved the
Tentative Subdivision Map for Chula Vista Tract 95-02, Parcel R-15 of East!ake South Greens;
and,
WHEREAS, previous Council actions affecting this development include: 1 ) Tentative
Subdivision Map for Chula Vista Tract 88-03, Eastlake Greens (original TM) on July 18, 1989,
by Resolution 15200 (Exhibit B); and 2) Amended Tentative Subdivision Map for Chula Vista
Tract 88-03, Eastlake Greens (amended TM) on August 1994, by Resolution No. 17618 and
all three of these resolutions contain conditions of approval for development of Parcel R-15;
and,
WHEREAS, the developer has executed a Supplemental Subdivision Improvement
Agreement to satisfy the following conditions:
1. Condition Nos. 30 and 31c of Resolution 15200.
a. Condition No. 30 requires the developer to agree that the City may withhold
building permits for any units in the subdivision if traffic on Otay Lakes Road,
Telegraph Canyon Road, EastLake Parkway, or East "H" Street exceed the
levels of service identified in the City's adopted thresholds.
b. Condition 31c requires the developer to agree to not protest formation of an
assessment district for the construction of street improvements to extend
Orange Avenue and Palomar Street and to not protest inclusion of the subject
improvements as projects in the Eastern Territories Development Impact Fee
system.
2. Condition No. 35 of Resolution 17618 requires the developer to comply with the terms
and conditions of the Acquisition/Financing Agreement for Assessment District 94-1,
CO 94-064.
3. General Condition "D" and Condition Nos. 23-25 of Resolution 17797.
a. General Condition "D" requires the developer to comply with all unfulfilled
conditions of approval of the Eastlake Greens Tentative Map, Chula Vista Tract
88-3 established by Resolution No, 15200, and amended by Resolution 17618,
" and to remain in compliance with and implement the terms, conditions and
provisions of Eastlake Greens Sectional Planning Area, Eastlake Greens Planned
Resolution No. 17847
Page 2
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.
b. Condition 23 requires the developer to agree to indemnify and hold harmless
the City from any claims, actions or proceedings against the City to attack, set
aside, void or annul any approval by the City with regard to the subject
subdivision.
c. Condition 24 requires the developer to agree to hold the City harmless from any
liability for erosion, siltation, or increased flow of drainage resulting from the
subject subdivision.
d. Condition 25 requires the developer to agree to insure that all franchised cable
television companies are permitted equal opportunity to place conduit and
provide cable television service to each lot within the subject subdivision.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve Supplemental Subdivision Improvement Agreement requiring developer to
comply with certain unfulfilled conditions of Resolution Nos. 17797, 17618 and 15200,
known as document number CO95-034, a copy of which is on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Agreement for and on behalf of the City of Chula
Vista.
Presented by Appro d as to form by
J hn P. Lippitt Bruce M. Boogaard
or of Public Works City Attorney
Resolution No. 17847
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of March, 1995, by the following vote:
YES: Councilmembers: Fox, Moot, Padilia, Hotton
NOES: Councilmembers: None
ABSENT: Councilmembers: Rindone
ABSTAIN: Councilmembers: None
h~rl H
S ey erton, Mayor
ATTEST:
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. 17847 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 28th day of March
1995.
Executed this 28th day of March, 1995.
B~ Authelet, City Clerk