HomeMy WebLinkAboutReso 1994-17687 RESOLUTION NO, 17687
A RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL
APPROVING THE TENTATIVE SUBDIVISION MAP FOR BONITA
HILLS EXECUTIVE ESTATES, CHULA VISTA TRACT PCS-91-02,
MAKING THE NECESSARY FINDINGS, ADOPTING THE
MITIGATED NEGATIVE DECLARATION AND THE MITIGATION
MONITORING PROGRAM FOR IS-91-15, AND APPROVING THE
COASTAL SAGE LOSS PERMIT, CS-95-03
WHEREAS, the property which is the subject matter of this resolution is identified and
described on Chula Vista Tract 91-02, and is commonly known as Bonita Hills Executive
Estates ("Property"), located at the northern terminus of Moonview Drive, and being within
the County of San Diego (APN-592-030-58); and,
WHEREAS, a duly verified application for a Tentative Subdivision Map was filed with
the Planning Department of the City of Chula Vista by Michael Anthony Demich; and,
WHEREAS, said application requests the subdivision of 8.37 acres into twelve (12)
residential lots and two (2) open space lots; and,
WHEREAS, the development of the Property is the subject matter of a Prezone, PCZ-
91 -D, which is being heard concurrently with this application, an Initial Study, IS-91-15, and
a Coastal Sage Loss Permit, CS-95-03, which are being considered concurrently with this
application, and an annexation, ANX-94-01, which will be heard at a later date; and,
WHEREAS, the Environmental Review Coordinator conducted an Initial Study, IS-91-
15, of potential environmental impacts associated with the implementation and operation of
the Project and has concluded that there would be no significant environmental impacts which
could not be mitigated to level less than significant, and recommends adoption of the
Mitigated Negative Declaration and Mitigation Monitoring Program issued for IS-91-15; and,
WHEREAS, on September 26, 1994, the Resource Conservation Commission reviewed
the Mitigated Negative Declaration for IS-91-15 and the associated Coastal Sage Scrub Loss
Permit for CS-95-03; and,
WHEREAS, a motion to approve IS-91-15 and CS-95-03 by the Resource Conservation
Commission failed with 3 votes in favor, two opposed, and two absent, in that four
affirmative votes were necessary to approve said motion; and,
WHEREAS, the Planning Commission held an advertised public hearing on said Project
on September 14, 1994, and voted 4 to 2 to 1 to recommend that the City Council approve
the Tentative Subdivision Map in accordance with the findings and conditions listed below,
and recommended that Council adopt the Mitigated Negative Declaration and the Mitigation
Monitoring Program for IS-91-15; and,
ii i i
Resolution No. 17687
Page 2
WHEREAS, the Planning Commission further recommends that the City Council
authorize the Director of Planning to issue a Final 4(d) Loss Permit for the Project (CS-95-03);
and,
WHEREAS, the City Clerk set the time and place for a hearing on said application and
notice of said hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the city and its mailing to property owners within 1,000 feet of the
exterior boundaries of the property at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00
p.m., October 11, 1994, in the Council Chambers, 276 Fourth Avenue, before the City
Council and said hearing was thereafter closed.
NOW THEREFORE, THE CITY COUNCIL finds, determines and resolves as follows:
SECTION 1. Independent Judgement of the City Council and Adoption of the Mitigated Negative Declaration and Mitigation Monitoring Program.
a. The City Council hereby finds that the Mitigated Negative Declaration
reflects the independent judgement of the City.
b, The City Council hereby adopts the Mitigated Negative Declaration for
IS-91-15, and, as required by the Public Resources Code Section
21081.6, City Council also hereby adopts the Mitigation Monitoring and
Reporting Program (" Program ") incorporated herein by reference as if set
forth in full for Mitigated Negative Declaration for IS-91-15.
SECTION 2. CEQA Findings.
The City Council hereby finds that the Project will have no significant
environmental impacts or new effects that were not examined and fully
mitigated in the Mitigated Negative Declaration for IS-91-15 as of the date of
the adoption by the City Council of the Mitigated Negative Declaration for IS-
91-15.
a. Adoption of Mitigated Negative Declaration Findings - After its
independent review, the Council does hereby approve, accept as its
own, and incorporate as if set forth full herein, and make each and every
one of the CEQA Findings as found in the Mitigated Negative Declaration
for IS-91-15.
b. Adoption of Findings for the Mitigation Monitoring Program - The City
Council finds that the Program is designed to ensure that during Project
implementation and operation, the Applicant, the City and other
responsible parties will implement the Project components and comply ~r-~,
Resolution No. 17687
Page 3
with the feasible mitigation measures identified in the Mitigated Negative
Declaration Findings and in the Program.
SECTION 3. Incorporation of All Feasible Mitigation Measures.
The City Council does hereby adopt and incorporate herein as conditions for all
approvals herein granted all mitigation measures which it has determined to be
feasible in the approval of the Tentative Subdivision Map.
SECTION 4. Approval of the Coastal Sage Loss Permit Findings.
The City Council does hereby approve the Section 4(d) Coastal Sage Take
Permit Findings and authorizes the Director of Planning to issue a Final 4(d)
Loss Permit for the Project (CS-95-03)(Appendix E in the Mitigated Negative
Declaration).
SECTION 5. Finding of Individualized Rough Proportionality of Exactions to Impacts.
The City Council does hereby find that 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.
SECTION 6. General Plan Findings--Conformance to the General Plan.
Pursuant to Government Code Section 66473.5, in the Subdivision Map Act,
the City Council finds that the Tentative Subdivision Map as conditioned herein
for Bonita Hills Executive Estates, Chula Vista Tract No. 91-02, is in
conformance with all the various elements of the City's General Plan, based on
the following:
1. The site is physically suitable for residential development and the
proposal conforms to all standards established by the City for such
projects.
2. The design of the subdivision will not affect the existing improvements
-- streets, sewers, etc. -- which have been designed to avoid any serious
problems.
3. The Project is in substantial conformance with the Chula Vista General
Plan Elements as follows:
Resolution No. 17687
Page 4
a. Land Use - Based on the provision8 of Section 4.1 of the Land
Use Element of the General Plan pertaining to Residential Low (0-
3 du/ac), this Tentative Subdivision Map is deemed to be
consistent with the General Plan.
b. Circulation - The Project has limited access via Moonview Drive
to private streets. These streets meet minimum City
requirements for such streets. The Project will not adversely
effect the Circulation Element in that the adjoining street system
was designed to handle the anticipated flow of traffic resulting
from this and other area projects.
c. Housing - The type of housing being proposed is large-lot,
detached single-family residential structures. This Project meets
the goals, objectives and policies of the Housing Element in that
Goals 1 and 4, General Objectives 1, 3, 4 and 8, and Housing
Policies 2, 6, 7 and 8 are implemented by this Project.
d. Conservation The adoption of the Mitigated Negative
Declaration and Mitigation Monitoring Program for IS-91-15
satisfies the goals and policies of the Conservation Element of
the General Plan in that mitigation measures listed in the forgoing
documents are applicable to this Project.
e. Park and Recreation, Open Space - The Project is approximately
one-third of a mile from Tetra Nova Park, a neighborhood park as
defined in Section 4.3 of the Parks and Recreation Element, and
therefore implements this General Plan element.
f. Safety - The Project meets the threshold standards of the
Growth Management Plan. The nearest Chula Vista fire station,
Station #2, is located at 80 East "J" Street. In addition, the
Bonita-Sunnyside Fire Protection District Station is located on
Bonita Road near Acacia. Either of these stations could respond
in case of an emergency in Bonita Hills Executive Estates.
Seismic Policy of the Safety Element - The study Soil and
Geolooic Reconnaissance for Bonita Hills Executive Estates, a
study carried out by GEOCON,Inc., a geotechnical engineering
firm, concluded that due to the Project's proximity to regional
active faults, including the Elsinore Fault and the San Jacinto
Fault Zones, which lie approximately 41 and 62 miles to the
northeast, respectively, there does not appear to be a significant
risk of seismically induced liquefaction occurring on the property.
T" Ii T
Resolution No. 17687
Page 5
Therefore, the Project implements or otherwise conforms to
Policy Statement 5 of Section 3.2, Seismic Policy, of the Safety
Element, which states:
"5. No lands shall be subdivided, developed, or filled
within the City of Chula Vista in the absence of
supportable, professional evidence that the
proposed subdivision, development, or land fill
would be geologically safe."
g. Noise - Due to the location of the Project, noise attenuation is
not required.
h. Scenic Highway - The Project is not located on any scenic
highway.
i. Bicycle Routes - The Project is not located on any bicycle route.
j. Public Buildings - No public buildings are proposed on the site.
The Project is required to pay RCT fees prior to the issuance of
building permits.
SECTION 7. Subdivision Map Act Findings.
a. Balance of Housing Needs and Public Service Needs.
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.
b. Opportunities for Natural Heating and Cooling Incorporated.
The configuration, orientation and topography of the site partially allows
for the optimum siting of lots for passive or natural heating and cooling
opportunities as required by Government Code Section 66473.1.
c. Finding re Suitability for Residential Development.
The site is physically suitable for residential development and the
proposal conforms to all standards established by the City for such
projects.
I r II T I'
Resolution No. 17687
Page 6
SECTION 8. Conditional Approval of Tentative Subdivision Map.
The City Council does hereby approve, subject to the following conditions, the
Tentative Subdivision Map for Bonita Hills Executive Estates, Chula Vista Tract
91-02. Unless otherwise specified, all Conditions and Code Requirements shall
be fully completed to the City's satisfaction prior to the approval of the First
Final Map. Unless otherwise specified, "dedicate" means grant the appropriate
easement, rather than fee title. The Developer shall:
1. Build the Project in the manner described in the Mitigated Negative
Declaration, IS-91-15, except as amended by this Resolution No.
17687.
PLANNING DEPARTMENT
2. Prior to approval of the Final Map, revise the Tentative Subdivision Map
as follows:
A. On the slopes between Lots 1 to 4, the Map states a 2:1 ratio in
several locations, however, the contours, as shown, are at a 3:1
or lesser ratio and shall therefore be required to be labeled 3:1 or
4:1, as appropriate.
B. On the street frontages of all lots, the Map indicates a "4:1
variable slope." This reference shall be changed to read "4:1
maximum slope" in all instances.
C. Delete reference on the map to the six foot high chain link fence
separating Open Space Lots "A" and "B" from adjoining
residential parcel. The Map shall instead indicate a decorative
wall along the northern boundaries of Lots 1,2 and 3 with Open
Space Lot "B," and at the top-of-slope on Lots 4 through 9,
inclusive.
3. Submit a comprehensive wall/fencing program for review and approval
by the Director of Planning prior the approval of a grading plan and Final
Map. Subject plan shall address the decorative wall required pursuant
to Condition 2.C. above.
4. If deemed necessary by the Director of Planning, submit proof that each
project component complies with the City's Growth Management
Element and Program and threshold standards prior to Final Map
approval to the satisfaction of the Director of Planning.
5. Submit for review and approval the landscape concept plan, including
the entryway treatment to the Director of Planning prior to approval of 4"~,
L
T I! T
Resolution No. 17687
Page 7
the Final Map. The plans shall include provision for correction of any
on-site erosion problems.
6. Pay the amount of fees applicable to the Project, including but not
limited to:
A. The Transportation and Public Facilities Development Impact
Fees (DIF) prior to the issuance of any building permit.
B. Signal Participation Fees.
C. All applicable sewer fees, including but not limited to, sewer
connection fees.
D. Park Acquisition and Development (PAD) fees.
The fees to be paid shall be those in effect at the time of collection.
The applicant is responsible for contacting the appropriate City
department to ascertain the appropriate time of payment and the
amount.
7. At submittal for Final Map, file a copy of the Declaration of Covenants,
' Conditions and Restrictions (CC&R's) applicable to the subject property
with the City of Chula Vista. The CC&R's shall be recorded
concurrently with the Final Map and shall include:
A. Provisions for the formation of a homeowner's association (HOA)
which shall assure maintenance of private facilities, including the
private streets, common areas, Open Space Lots "A" and "B,"
and drainage systems in perpetuity. The City of Chula Vista shall
be named as party to said Declaration authorizing but not
requiring the City to enforce the terms and conditions of the
Declaration in the same manner as any owner within the
subdivision as related to areas of public concern such as, but not
limited to, the maintenance of common areas and the adherence
to other ordinance regulations of the City.
B. Prohibition of television antennas, garage conversions, parking
outside of designated areas.
C. Open Space Lots A & B shall be reserved as undisturbed open
space, except for construction and maintenance of required
private drainage facilities in Lot B, as approved by the City.
D. A statement that the subdivision shall be accessed from
-- Moonview Drive and that Randy Lane will be used for emergency
ingress and egress only.
II I I'
Resolution No. 17687
Page 8
E. Requirements that there shall be no deviation from the grading
approved as part of the Tentative Subdivision and Final Maps.
F. Requirements that Open Space Lots "A" and "B" shall remain
undeveloped, and that the homeowners will abide by the
Corn prehensive Habitat Reclamation, Preservation and Monitoring
Plan for Open Space Lots "A" and "B."
G. Prohibition of vertical sheer walls/retaining walls on any
residential lot. In the event a wall must be constructed on any
residential lot, crib walls shall constructed and maintained with
landscaping, to the satisfaction of the Director of Planning.
8. Dedicate Open Space Lots "A" and "B" as private open space
easements. Said dedication shall be recorded with the County Recorder
and proof of said recording shall be submitted to the Director of Planning
prior to issuance of any grading permit.
ENVIRONMENTAL REVIEW COORDINATOR
9. Submit proof that subject Project is enrolled in the Natural Community
Conservation Program (NCCP), to the satisfaction of the Director of
Planning, prior to approval of a Final 4(d) loss permit. I~'~
10. Comply with all mitigation measures required by IS-91-15, or any
addendum thereto, which are hereby incorporated herein and which shall
be implemented in accordance with the requirements of the California
Environmental Quality Act.
11. Comply with all requirements of the Coastal Sage Loss Permit required
by CS-95-03, or any addendure thereto, which are hereby incorporated
herein and which shall be implemented in accordance with the
requirements of the State of California NCCP.
12. Submit a Comprehensive Habitat Reclamation, Preservation and
Monitoring Plan for APN 592-171-61 and that portion of APN 592-030-
57 which will be disturbed as a result of grading activities, to the
Director of Planning for review and approval prior to Final Map approval.
The Comprehensive Habitat Reclamation, Preservation and Monitoring
Plan shall also be submitted to the U.S. Fish and Wildlife Service and the
California Department of Fish and Game for their consideration and
approval. Said Comprehensive Habitat Reclamation, Preservation and
Monitoring Plan shall be implemented prior to submittal of any
application for grading or building permits and shall be maintained for a
five (5) year period or until such time as the re-vegetated plants are
.(--~,
Resolution No. 17687
Page 9
capable of surviving without the assistance of an irrigation system, to
the satisfaction of the Director of Planning.
13. Submit a bond for the Comprehensive Habitat Reclamation, Preservation
and Monitoring Plan for APN 592-171-61 and that portion of APN 592°
030-57 which will be disturbed as a result of grading activities, in an
amount equal to the cost and installation of the plant material and
irrigation piping and devices plus five years of maintenance, to the
satisfaction of the Director of Planning.
14. Submit a fencing program for APN 592-171-61 for review and approval
by the Director of Planning prior to Final Map approval.
15. Submit a Comprehensive Habitat Reclamation, Preservation and
Monitoring Plan for Open Space Lots "A" and "B" to the Director of
Planning for review and approval prior to Final Map approval. Said
Comprehensive Habitat Reclamation, Preservation and Monitoring Plan
shall be implemented prior to submittal of any application for grading
permits and shall be maintained in perpetuity by the Homeowners
Association.
16. Pacific Southwest Biological Services, or any other qualified biological
firm acceptable to the City of Chula Vista, is hereby designated to
implement, on behalf of the applicant, all conditions of approval of the
Tentative Subdivision Map (PCS-91-02) and all Mitigation Measures of
the Negative Declaration (IS-91-15) relevant to biological mitigation.
Pacific Southwest Biological Services, or any other qualified biological
firm acceptable to the City of Chula Vista, shall inform the Mitigation
Compliance Coordinator of the implementation of all conditions of
approval of the Tentative Subdivision Map (PCS-91-02) and all
Mitigation Measures of the Negative Declaration (IS-91-15), and shall
receive written sign-off from the Mitigation Compliance Coordinator for
all work done within six months of implementation that the condition of
approval or mitigation measure is being or has been implemented in a
satisfactory.
SWEETWATER AUTHORITY
17. To the satisfaction of the Sweetwater Authority ("Authority"), execute
or submit the following:
A. A Hold Harmless Agreement for the fill that was placed on the
proposed subdivision.
B. A Release of Liability Agreement and written permission for
- vehicular and pedestrian traffic through the Authority's
[lIT I'
Resolution No. 17687
Page 10
easement, adjacent to the proposed subdivision, shown as that
portion of Street "A" between Moonview Drive and the
southeast edge of the subdivision, and that portion of Street "B"
just east of Street "C."
C. A Hold Harmless Agreement for the proposed security gate at
the south end of the Authority's easement.
D. An Agreement to Improve Water Facilities, to serve the proposed
subdivision. Said agreement shall be presented to the City
Engineer that the subdivision will be provided adequate water
service and long term water storage facilities.
E. A letter to the Authority from the Chula Vista Fire Department
stating fire flow requirements.
F. An agreement with the Authority allowing encroachment in the
eight foot easement for electrical and telemetry conduit, which
was approved pursuant to Resolution No. 17219, if necessary.
18. Acquire an off-site private access easement from the Sweetwater
Authority needed to serve the subdivision or provide evidence that one
exists.
19. Access the site from Moonview Drive only, except that Randy Lane may
be used for emergency access.
20. Install a crash gate east of Street "C" in a location satisfactory to the
Sweetwater Authority and the Chula Vista Fire Department, and remove
the bar gate located on the northern leg of the Sweetwater Authority
access easement which connects to Randy Lane.
PARKS AND RECREATION DEPARTMENT
21. Submit plans to and obtain approval of the Director of the Parks and
Recreation Department for the installation of approved landscaping and
a permanent irrigation system on Lot "A" of Chula Vista Tract 80-15 -
Map No. 10051, from the cul-de-sac crib wall on Moonview Drive to the
rear boundary of 411 Windrose Way, The landscaped area is to include
all areas below existing brow channels. All utilities must be situated
upon City property and service only existing City property. Shared
systems are not permitted between Bonita Hills Executive Estates and
the City. The City will assume maintenance responsibilities upon the
successful installation and completion of the maintenance period.
I!"
Resolution No. 17687
Page 11
PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION
Streets, Riahts-of-Wav and Improvements
22. Design and construct full street improvements to meet City standards
for private streets for private streets A, B and C shown on the Tentative
Subdivision Map within the subdivision boundary or off-site, as required.
Said improvements shall include, but not be limited to: asphalt concrete
pavement, base, concrete curb, gutter and sidewalk, sewer, drainage
facilities, street lights, signs and fire hydrants. Detailed horizontal and
vertical alignment of the centerlines of said streets shall be reflected on
improvement plans and said plans submitted for approval of the City
Engineer. No parking shall be allowed on Streets "A" and "C" and
parking will be allowed on only one side of Street "B" as shown on the
Tentative Subdivision Map.
23. Construct the entrance to the subdivision at Moonview Drive as an alley
type entrance per regional standard drawing G-17 with maximum curb
radii of 10 feet or as approved by the City Engineer. Construct 5' wide
sidewalk from subdivision boundary to existing sidewalk on the westerly
side of the entrance.
24. Construct or provide to the specifications or satisfaction of the City
Engineer the following features to the proposed controlled access
entrance to the subdivision:
A. Gates located to provide sufficient room to queue up without
interrupting traffic on public streets.
B. Turnarounds at the gates with 40 ft. minimum radius.
C. Delineation of border between public street and private street by
enhanced pavement. No enhanced pavement shall be located
within public right-of-way.
D. Emergency vehicle access.
25. Construct all sidewalks within the subdivision a minimum of 4 feet wide.
26. Include on the Final Map reciprocal private access easements over
private streets, A, B, and C to be granted to subsequent owners of Lots
I through 12 pursuant to Section 18.20.150 of the Chula Vista
Municipal Code.
27. Grant to the City on the Final Map a general access and utility easement
over the private streets within the subdivision to the satisfaction of the
City Engineer.
Resolution No. 17687
Page 12
28. Acquire all off site rights-of-way necessary to construct a turnaround at
the north end of Moonview Drive from the Chula Vista Elementary
School District and then grant same to the City, to the satisfaction of
the City Engineer.
29. Acquire and grant to the City an off site general access and utility
easement over Street "A" within the Sweetwater Authority property
needed to serve the subdivision or provide evidence that one exists.
30. Obtain approval from the County and Sweetwater Authority to construct
the off site private street to serve the subdivision.
31. Notify the City at least 60 days prior to consideration of the Final Map
by the City if off-site right-of-way and easements cannot be obtained as
required by the Conditions of Approval (only off-site right-of-way or
easements affected by Section 66462.5 of the Subdivision Map Act are
covered by this condition).
After said notification and prior to the approval of the Final Map:
A. Pay the full cost of acquiring off-site right-of-way or easements
required by the conditions of approval of the Tentative
Subdivision Map.
B. Deposit with the City the estimated cost of acquiring said right-
of-way or easements. The amount of the deposit is subject to
the approval of the City Engineer.
C. Prepare and submit all easement and/or right-of-way documents,
plats and appraisals necessary to commence condemnation
proceedings.
If the developer so requests, the City may, but is not required to use its
power of eminent domain to acquire right-of-way, easements or licenses
needed for off-site improvements or work related to the Tentative
Subdivision Map. The developer shall pay all costs, both direct and
indirect incurred if said acquisition is requested.
The condition to construct the related off-site improvements which fall
under the purview of Section 66462.5 of the State Subdivision Map Act
are waived in accordance with that section of the Act, if the City does
not acquire or commence proceedings for immediate possession of the
property within the 120-day time limitation specified in that section.
Sewers
32. Design the sanitary sewers to meet City standards or as determined by
Resolution No. 17687
Page 13
the City Engineer. Construct manholes a maximum distance of 400'
apart and 15' deep.
33. Provide paved or otherwise improved access with a minimum width of
12 feet and a maximum grade of 15% designed to an H-20 wheel load,
or other loading as determined by the City Engineer, to all sanitary
sewer manholes,
34. Grant to the City an easement centered over all 8-inch sanitary sewer
lines within the subject property and new off-site sewer facilities
constructed to serve the subdivision, The minimum width of said sewer
easements shall be 15 feet.
35. Obtain written permission from the County of San Diego to connect the
proposed 8-inch sanitary sewer line to the existing sewer in Glen Abbey
Blvd.
36. Pay the Spring Valley sewer connection fee.
Gradina and Drainace
37, Submit and obtain approval by the City Engineer for grading plans prior
to approval of the Final Map. Grade slopes to a maximum horizontal to
vertical ratio of 2:1.
38. Obtain notarized letters of permission for all off-site grading work prior
to issuance of a grading permit.
39. Comply with all provisions of the NPDES in effect prior to issuance of
a grading plan. An erosion and sedimentation control plan shall be
required as part of said plans.
40. All on-site storm drain facilities shall be private. Extend the proposed
storm drain outlets within Lot "B" as necessary to the natural flowline
of the local drainage basin to which it is tributary. Limit flows to pro-
development volumes and non-erosive velocities and provide erosion
control to the satisfaction of the City Engineer.
Water
41. Present written notification to the City Engineer from Sweetwater
Authority that the subdivision will be provided adequate water service
and long term water storage facilities.
.-- 42. Upgrade and/or construct new water facilities as required by
lIT I'
Resolution No. 17687
Page 14
Sweetwater Authority and the City Fire Department to provide adequate
water service and fire flows.
Agreements
43. Hold the City harmless from any liability for erosion, siltation or increase
flow of drainage resulting from this Project.
44. 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
retard 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.
Open Space
45. Annex into Open Space District No. 11 and deposit $3,000 with the
City to process the annexation.
46. Open Space Lots A and B within the subdivision shall be privately
owned and maintained by the homeowners of this development.
Miscellaneous
47. Vacate the easement for slope and drainage facilities within Lots 6 and
7.
48. Annex the subdivision site and the two adjoining easterly parcels,
totaling 14.23 acres, from the County of San Diego to the City of Chula
Vista prior to approval of the Final Map.
49. Tie the boundary of the subdivision to the California System - Zone VI
(1983).
50. Provide the City with the Final Map in a digital format such as (DXF)
graphic file. Submit this Computer Aided Design (CAD) copy of the
Final Map in accordance with the guidelines for Digital Submittal issued
by the City Engineer.
Code Reauirements
51. Comply with all applicable sections of the Chula Vista Municipal Code.
Preparation of the Final Map and all plans shall be in accordance with
........ r Ii
Resolution No. 17687
Page 15
the provisions of the Subdivision Map Act and the City of Chula Vista
Subdivision Ordinance and Subdivision Manual.
52. Underground all utilities within the subdivision in accordance with
Municipal Code requirements.
Failing any of which conditions, or failing the continued maintenance of same
as the condition may require, this conditional approval and any entitlement
accruing hereunder, shall, following a public hearing by the City Council at
which the Applicant or his successor in interest is given notice and the
opportunity to appear and be heard with regard thereto, be terminated or
modified by the City Council.
SECTION 9, Notice of Determination.
City Council directs the Environmental Review Coordinator to post a Notice of
Determination and file the same with the County Clerk.
That a copy of this resolution be transmitted to the owners of the property.
Presented by i~aTi
form y
Robert A. Leiter Bruce M. Boogaard
Director of Planning City Attorney
I! I I'
Resolution No. 17687
Page 16
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 11 th 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. 17687 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 1 lth day of October
1994.
Executed this 11 th day of October, 1994.
r, '7
' '--.'
Ii 'T