HomeMy WebLinkAboutReso 1995-18170 RESOLUTION NO. 18170
A RESOLUTION OF THE CITY COUNCIL OI= THE CITY OF CHULA
VISTA APPROVING AND IMPOSING CONDITIONS ON THE
TENTATIVE SUBDIVISION MAP FOR EASTLAKE GREENS
PARCEL R-12, CHULA VISTA TRACT 96-02
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 12 of EastLake Greens Tentative
Subdivision Map, Chula Vista Tract 96-02; and for the purpose of general description
herein consists of 21.5 acres and located on the west side of Hunte Parkway between
South Greensview Drive and East Orange Avenue, within the EastLake Greens
Sectional Planning Area of the EastLake Planned Community ("Project Site"); and,
B. Project; Application for Discretionary Approval
WHEREAS, on September 8, 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 12, Chula Vista Tract 96-02 in order to subdivide the Project Site into 92
residential lots, 2 open space lots (lots A & B) and one park lot (lot C) ("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. 18169 on December 19, 1995; and
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on November 29, 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.
I"T · '. r
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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 December 19, 1995, 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 November 29, 1995, and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding.
III. pREVIOUSEIR-86-04ANDADDENDUMFSEIR-86-O4BREVIEWEDANDCONSIDERED;
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 12, Chula Vista Tract No. 96-02 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-12 as
Low/Medium density Residential (3-6 du/ac) and parcel P-5 as Parks and
Recreation (P). The target density is 5.1 du/ac with a maximum of 92 dwelling
units. The project, as conditioned, is in compliance with the GDP and SPA.
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 Facilities Financing Plan and Development Agreement.
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.
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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, 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 Addendure FSEIR-86-O4(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. The project will implement in part conditions of
approval for the EastLake Greens SPA Plan requiring grading and conceptual
design of a 3 acre private park.
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 EIR-86-O4B 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 combination of earth, herre, 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 located adjacent to a designated scenic highway and an
average 75' wide landscaped open space buffer and a decorative wall will be
provided along the East Orange Avenue and extended along Hunte Parkway.
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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 96-02 and EIR-86~
04 and Addendure 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-O4B. F'
C. Implement previously adopted conditions of approval pertinent to project
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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 map, prior to approval of the Final Map or shall have entered into an
agreement with the City, providing the City with such security (including 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 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.
E. Contingency of Project Approval
Approval of this project is contingent upon the PC District Regulations Land Use
District Plan taking effect (PCM-96-07).
F. Design Approval
Developer shall develop the lots in accordance with plans which shall be submitted for
review and approval under the City's design review process prior to submittal for
building permits.
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, public sewers and storm drains to meet City standards
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, sewers and storm
drains.
2. Construct or agree to construct all improvements interior to the subdivision (streets,
sewers, drains, etc) deemed necessary to provide service to the subject subdivision in
accordance with City standards.
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3. All storm drains serving this subdivision shall be connected to the existing 30" RCP
storm drain in East Orange Avenue unless evidence satisfactory to the City Engineer is
presented to demonstrate available capacity downstream of proposed points(s) of connection
and the feasibility of proposed storm drain alignment.
4. Construct or guarantee to construct of East Orange Avenue, from Hunte Parkway to
the westerly boundary of the SDG&E easement westerly of the subdivision.
5. Provide an irrevocable offer to dedicate (IOD) off site street right-of-way necessary to
install public street improvements for Hunte Parkway from Clubhouse Drive to East Orange
Avenue and East Orange Avenue from Hunte Parkway to the westerly boundary of the SDG&E
easement westerly of the subdivision boundary.
6. Grant on the final map along the frontage of the subdivision:
a) A 10 ft. wide easement for utilities along Greensview Drive
b) A 10 ft. wide easement for utility, sidewalk purposes and future street
easement purposes along Hunte Parkway; entire area of said easement shall not
exceed 5:1 slope.
c) A 20 ft. wide landscape easement and 10 ft. wide utility easement along East
Orange Avenue. Slope of said easements shall not exceed 5:1 ratio. ~l 7'
7. Submit and obtain approval from Director of Planning and City Engineer for street
names.
8. Present written verification to the City Engineer from Ota,/Water District that the
subdivision will be provided adequate water service and long term water storage facilities.
GRADING
9. Obtain permission to grade; grade and install swales and/or ditches necessary to drain
future Unit R-10 away from the westerly boundary of this subdivision.
10. Provide an updated preliminar,/geotechnical investigation that addresses the proposed
earthwork shown on the Tentative Map, and changes in geotechnical references and
standards.
11. Submit and obtain approval of the City Engineer for an erosion and sedimentation
control plan together with grading plans.
12. Change grading plans to reflect a cross section at top of slopes of open space lots
showing a minimum distance of 2' from the face of the perimeter wall to top of slope and
shows the back of the perimeter wall at the propert,/line.
13. Submit a list of proposed lots indicating whether the structure will be located on fill,
cut, or a transition between the two situations. .
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AGREEMENTS
14. Enter into an agreement with the City whereby:
a. The developer agrees the City may withhold building permits for any units in the
subject subdivision if any one of the following occur:
i. Regional development threshold limits set by the East Chula Vista
Transportation Phasing Plan have been reached.
ii. Traffic volumes, levels of service, public utilities and/or services exceed
the adopted City threshold standards.
b. The developer agrees that the City may withhold building permits for any of the
proposed development if the required public facilities, as identified in the PFFP and
Condition No. 3 and Table I of Resolution 15,200 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 City Engineer.
15. 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 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.
16. Agree to hold the City harmless from any liability for erosion, siltation or increase flow
of drainage resulting from this project.
17. Agree to insure 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.
18. Agree to submit a preliminary landscape plan for Lot C to the Parks and Recreation
Department Landscape Architect for review and approval prior to approval of the park grading
plan. Submit preliminary 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.
19. Agree to provide a landscape design and install landscaping in accordance with said
plans for the full length of Orange Avenue and Hunte Parkway. Said design shall represent
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an average 75 ft. from back of curb and shall be submitted for approval by the Parks and
Recreation Landscape Architect prior to or concurrently with the first site plan approval.
Incorporation of identification of a neighborhood entry (Hunte Parkway and East Orange
Avenue) shall be included in this design.
20. Agree to provide a noise study addressing noise impacts generated by major streets
surrounding the project (East Orange Avenue / Hunte Parkway / South Greensview) and shall
take such action as is necessary to mitigate noise to acceptable levels prior to issuance of
building permits.
OPEN SPACE/ASSESSMENTS
21. Offer to grant in fee open space lots A and B on the final map for this subdivision.
22, Open space Lot B shall provide a minimum 15 ft. wide area for landscaping between
the back of sidewalk and the subdivision perimeter wall.
23. Note on the final map for this subdivision the use of Lot C as a private park.
24. Submit a list of all facilities located on open space lots to be maintained by the existing
EastLake Open Space 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.
25, Comply with the terms and conditions of the Acquisition/Financing Agreement for
Assessment District 94-1, CO 94-064, approved by Council Resolution 17483 as said terms
and conditions may be applicable to this development.
26~ Make payment to reduce the debt on the subject property as the result of lower density
than assumed for the assessment district at the time of District formation. The amount of
payment is determined by multiplying the difference between the actual and assumed number
of units multiplied by the estimated assessment (or principal outstanding) per unit.
27. Pay all costs associated with apportionment of assessments for all City assessment
districts as a result of lot line adjustments and subdivision of lands within the boundary.
Request apportionment and provide a deposit to the City estimated at ~25/unit/district to
cover costs.
MISCELLANEOUS
28. A detailed construction phasing schedule for the construction of private and community
parks shall be submitted to the Director of Parks and Recreation and Planning Department for
review prior to issuance of the first building permit. I ,'~"
29. Tie the Boundary of the subdivision to the california System -Zone VI (1983).
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30. Submit copies of the Final Maps and improvement plans 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
HD floppy disk to the approval of each final map.
CODE REQUIREMENT CONDITIONS OF APPROVAL
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 Subdivision Ordinance and Subdivision Manual.
33. Underground all utilities within the subdivision in accordance with Municipal Code
requirements.
34. Pay the following fees 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
E. Telegraph Canyon Sewer Pumped Flows Development Impact Fees
F. Salt Creek Sewer Basin Development Impact Fee
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. 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.
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Presented ~a;~/: fo y~
by
Robert A~ Leiter Bruce M. Boogaard
Director of Planning City Attorney
" .........I"'T ' i ]1 I
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Exhibit A
E~L~ke 5uud, G,~,,~ U,,;~ ~2
Chula Vista Tract No. ~-02 . .( J
t{ .
I
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th day of December, 1995, by the following vote:
AYES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
ShirletHorton, 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. 18170 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 19th day of
December, 1995.
Executed this 19th day of December, 1995.
Beverly AZ. Authelet, City Clerk