HomeMy WebLinkAboutReso 1996-18211 RESOLUTION NO. 18211
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR EASTLAKE SOUTH GREENS,
UNIT 12 REQUIRING DEVELOPER TO COMPLY WITH CERTAIN
UNFULFILLED CONDITIONS OF RESOLUTIONS NO. 15200,
17618 AND 18170 AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
WHEREAS, the developer for Eastlake South Greens Unit 12 has executed a
Supplemental Subdivision Improvement Agreement (SSIA) which includes a provision
reflecting the recommended terms for deferral of improvements; and
WHEREAS, if Council wishes to change the above listed street improvement
construction phasing requirements, the relevant provision in the SSIA will need to be
amended; and
WHEREAS, the developer has reached agreement with the City to clarify the
type and timing of park facilities to be provided to satisfy the Eastlake Greens parkland
requirements for this Property per Conditions 38 & 39 of Resolution 15200 and Condition No.
25 of Resolution 18170; and
WHEREAS, previous SSIA's for units in Eastlake South Greens obligate the
developer to participate with regard to these units in whatever solution the City implements
to resolve the issue regarding required park facilities; and
WHEREAS, although there is no final resolution yet regarding the community
center and gym, this SSIA contains provisions in which the developer agrees to meet a
grading and construction schedule for the 10-acre (useable) public park (P-3) and the 3.3
gross acre private park adjacent to Unit 12; and
WHEREAS, the provision also obligates the developer to process an update to
the Public Facilities Financing Plan to reflect this requirement and the Developer has submitted
bonds in the amount of $1,949,000 to guarantee the construction of the public park
improvements and has submitted, by separate document, an irrevocable offer of dedication
for the public park site (P-3); and
WHEREAS, the SSIA also includes provisions to satisfy the following conditions
(the recital of said conditions herein is not intended to modify or interpret the same):
1. Condition No. 30 of Resolution No. 15200 requires the Developer to enter into an
agreement whereby the developer agrees 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.
Resolution No. 18211
Page 2
2. Condition No. 31c of Resolution No. 15200 requires the Developer to enter into an
agreement wherein Developer agrees to not protest formation of an assessment district
for the construction of street improvements to connect Orange Avenue and Palemar
Street to existing improvements to the west of the subdivision.
3. General Condition "C" of Resolution No. 18170 requires the Developer to comply and
remain in compliance with a~l previously adopted conditions of approval pertinent to
the project.
4. Condition No. 14 of Resolution No. 18170 requires the Developer to enter into an
agreement whereby the developer agrees that the City may withhold building permits
for any units in the subject subdivision if traffic volumes exceed the levels of service
identified in the City's adopted thresholds.
5. Condition No. 15 of Resolution No. 18170 requires the Developer to enter into an
agreement 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.
6. Condition No. 16 of Resolution No. 18170 requires the Developer to enter into an
agreement to indemnify and hold harmless the City from any liability for erosion,
siltation, or increased flow of drainage resulting from the subject subdivision.
7. Condition No. 17 of Resolution No. 18170 requires the developer to enter into an
agreement with the City relating to the provision of franchise cable television services.
8. Condition No. 30 of Resolution No, 18170 requires the developer to enter into an
agreement with the City to provide a noise study addressing noise impacts generated
by major streets surrounding the project and to implement any measures necessary to
mitigate noise impacts to acceptable levels prior to issuance of building permits.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve the Supplemental Subdivision Improvement Agreement for Eastlake
South Greens Unit 12 requiring developer to comply with certain unfulfilled conditions of
Resolutions No. 15200, 17618 and 18170, a copy of which is on file in the office of the City
Clerk known as Document No. CO96-017.
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 f the City of Chula
Vista. ~ ~
Presented by A d as or y
Lippitt
oogaard
Director of Public Works City Attorney
Resolution No. 18211
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 13th day of February 1996, by the following vote:
AYES: Councilmembers: Alevy, Moot, laadilla, Rindone, Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Shi~ey Horton, Mayor
ATTEST:
'~Beverly A, Authelet~ 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. 18211 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 13th day of February,
1996.
Executed this 13th day of February, 1996.
'-~B~verly A. Authelet~Clerk