HomeMy WebLinkAboutReso 1994-17677 RESOLUTION NO. 17677
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
RESOLUTIONS NO. 15200 AND 17618 APPROVING A
TENTATIVE SUBDIVISION MAP FOR EASTLAKE GREENS, AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, on July 18, 1989, by Resolution 15200, the City Council approved the
Tentative Subdivision Map for Chula Vista Tract 88-3, Eastlake Greens; and,
WHEREAS, on August 16, 1994, by Resolution 17618, the City Council approved an
amendment to the Eatlake Greens Tentative Subdivision Map, Chula Vista Tract 88-3A; and,
WHEREAS, the purpose of the amended Tentative Subdivision Map was to reconfigure
the phasing of the original development; and,
WHEREAS, Tentative Map Condition of Approval No. 30 (from the original Tentative
Map) required 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 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; and,
WHEREAS, Condition 31(c), also from the original Tentative Map, required the
developer to agree to waive the right to protest the formation of any assessment district for
the construction of street improvements to connect Orange Avenue and Palomar Street to
existing improvements to the west of the subject property and to not protest inclusion of the
subject improvements as projects in the Eastern Territories Development Impact Fee system;
and,
WHEREAS, Tentative Map Conditions of Approval 32, 33 and 34 are from the
amended tentative map and Condition 32 required 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 ar annul any approval by the City with regard to the subject
subdivision; and,
WHEREAS, Condition No. 33 required 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; and,
WHEREAS, Condition No. 34 required the developer to enter into an agreement with
the City relating to the provision of franchise cable television services; and,
WHEREAS, the developer has executed a Supplemental Subdivision Improvement
Agreement to satisfy these requirements.
Resolution No. 17677
Page 2
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 Resolutions No. 15200 and 17618 approving a
tentative subdivision map for Eastlake Greens, known as document number CO94-221, 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 Approved as to form by
of Public Works '
( .
Resolution No. 17677
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 4th day of October, 1994, by the following vote',
YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
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. 17677 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 4th day of October,
1994.
Executed this 4th day of October, 1994.
Bev~Autl~elet, City Clerk
T r II1 I'