HomeMy WebLinkAboutReso 1994-17749 RESOLUTION NO. 17749
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AND IMPOSING CONDITIONS ON THE
TENTATIVE SUBDIVISION MAP FOR FIELDSTONE CREST,
CHULA VISTA TRACT 95-01, MAKING THE NECESSARY
FINDINGS AND READOPTING THE MITIGATED NEGATIVE
DECLARATION AND THE MITIGATION MONITORING AND
REPORTING PROGRAM FOR IS-94-19
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, is commonly known as Unit 27 of EastLake Greens
Tentative Subdivision Map, Chula Vista Tract 88-3; and for the purpose of
general description herein consists of 9.21 acres located at the southwest
corner of Hunte Parkway and Clubhouse Drive within the EastLake Greens
Sectional Planning Area of the EastLake Planned Community ("Project Site");
and,
B. Project; Application for Discretionary Approval
WHEREAS, on August 11, 1994 Fieldstone Communities, Inc. ("Developer")
and Western Salt 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 Fieldstone Crest, Chula
Vista Tract 95-01 in order to subdivide the Project Site into 43 lots ("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, SPA, TSM, AQIP and WCP amendment
previously approved by City Council Resolution No. 17618 on August 16,
1994; and,
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D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on said
project on November 9, 1994, and voted 6-0 to recommend that the City
Council approve the Project in accordance with Resolution PCS-95-01 and
based upon the findings and subject to the conditions listed below.
E. City Council Record of Applications
WHEREAS, a duly called and noticed public hearing was held before the City
Council of the City of Chula Vista on December 6, 1994, on the Project and to
receive the recommendations of the Planning Commission, and to hear public
testimony with regard to same; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine
and resolve as follows:
Ih PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on this project held on November 9, 1994, and the minutes and
resolutions resulting therefrom, are hereby incorporated into the record of this
proceeding. "~'
III. MITIGATED NEGATIVE DECLARATION REVIEWED AND CONSIDERED; MITIGATION
MONITORING AND REPORTING PROGRAM; FINDINGS; APPROVALS
A. Mitigated Negative Declaration
The City Council of the City of Chula Vista has reviewed, analyzed and
considered the previously approved Mitigated Negative Declaration on ISo94-19
(known as Document No. CO94-I 80 on file in the Office of the City Clerk) and
comments thereon, the environmental impacts therein identified for this project
and the Mitigation Monitoring and Reporting Program ("Program") (known as
Document No. CO94-181 on file in the Office of the City Clerk) thereon prior
to approving the Project. Based on the Initial Study and comments thereon, the
Council finds that there is no substantial evidence that the Project will have a
significant effect on the environment and thereby readopts the Mitigated
Negative Declaration.
B. Mitigation Monitoring and Reporting Program
The City Council of the City of Chula Vista finds that the significant
environmental effect(s) identified in the Mitigated Negative Declaration will be
reduced to below a level of significance if the mitigation measures in the
Mitigation Monitoring and Reporting Program are implemented. The Mitigation
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Monitoring and Reporting Program is hereby readopted to ensure that its
provisions are complied with.
IV. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the Mitigated Negative Declaration on IS-94-19
and Mitigation Monitoring and Reporting Program have been prepared in accordance
with requirements of the California Environmental Quality Act, the State EIR
Guidelines, and the Environmental Review Procedures of the City of Chula Vista.
V. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council finds that Mitigated Negative Declaration IS-94-19 reflects the
independent judgment of the City of Chula Vista City Council.
Vi. 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 Fieldstone Crest, Chula Vista Tract No. 95-01 is in conformance with the
elements of the City's General Plan, based on the following:
a. Land Use
The proposed density of 4.3 du/ac is in compliance with the previously
approved EastLake Greens SPA Plan density range (0-5 du/ac) for the
subject parcel.
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 Financing Plan and
Development Agreement.
The public streets within the subdivision 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.
c. Housing
- The EastLake Greens SPA Plan area has been conditioned to provide a
minimum of 10% affordable housing including a mix of housing types
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and lot sizes for single-family, townhouses, condominium and various
apartment densities that will provide a wide spectrum of housing prices
for persons of various incomes. The proposed single-family detached
residential housing type is consistent with the EastLake Greens SPA
Plan.
d. Conservation
The Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program for IS-94-19 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 project site is located within the EastLake Greens SPA Plan area.
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 the
provision/construction of a golf course trail.
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
SEIR-86-04 and Mitigated Negative Declaration IS-94-19 adequately
address the noise policy of the General Plan. All dwelling units within
the project will be required to be designed so as to not exceed the
interior noise level of 45 dBA. Additionally, all exterior private open
space will be shielded by a combination of earth, berm, wall, and/or
buildings to achieve a 65 dBA noise level for outside private areas.
i. Scenic Highway
The project site is located along the west side of Hunte Parkway, a
designated scenic highway.
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The project, as conditioned, will be required to provide a landscape
buffer in conformance with landform grading and scenic highway
principles of the General Plan.
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 siting 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.
VIII. 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 the Mitigated Negative Declaration IS~94-19 except
as modified by this Resolution.
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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 FEIR-86-04 and Mitigated
Negative Declaration IS-94-19.
C. Implement the Mitigation Monitoring and Reporting Program
Developer shall implement, or cause the implementation of, all portions of IS-
94-19 Mitigation Monitoring and Reporting Program pertaining to the Project.
D. Implement previously adopted conditions of approval pertinent to project.
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 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.
--~,
E. 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.
F. Project Phasing
Developer shall submit and obtain approval for a development phasing plan by
the City Engineer and Director of Planning prior to approval of any final map,
if phasing is proposed within an individual map or through multiple final maps.
The phasing plan shall include:
a. A site plan showing the lot lines and lot numbers, the phase lines and
phase numbers and number of dwelling units in each phase.
b. A table showing the phase number, the lots included in the phase and
the number of units included in each phase.
Improvements, facilities and dedications to be provided with each phase or unit --~,
of development shall be as determined by the City Engineer and Director of
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Planning. The City reserves the right to conditional approval of each final map
with requirement to provide said improvements, facilities and/or dedications as
necessary to provide adequate circulation and to meet the requirements of
police and fire departments. The City Engineer and Planning Director may at
their discretion, modify the sequence of improvement construction should
conditions change to warrant such a revisions.
IX. 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 to meet the City standards for residential
streets, 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.
2. Guarantee the construction of all improvements (streets, sewers, Orange
Avenue sewer pump station, drainage, utilities, etc) deemed necessary to
provide service to the subject subdivision in accordance with City standards.
3. Submit and obtain approval from the Director of Planning and City Engineer for
street names.
4. Construct an 8 ft. wide sidewalk for the Golf Course Neighborhood Trail as
shown on the Eastlake Greens Trails Plan along Hunte Parkway from So.
Greensview Drive to the southerly boundary of Unit 27.
5. Develop the golf course trail access corridor parcel (Lot B) and the golf course
vista point in accordance with the Golf Course Trail conceptual development
plan attached thereto and made a part thereon and construct all improvements
indicated thereon concurrently with the improvement of Street A.
6. Provide for the maintenance of the proposed sewer pump station on East
Orange Avenue in accordance with Council Policy #570-03 adopted by
Resolution 17491 and the Agreement to Provide Sewer Pump Station
Maintenance for the Eastlake Greens and amendments thereto.
7. Provide a paved access road, 14' minimum width, to the sewer pump station
and grant to the City general utility and access easements over the sewer pump
station site and access road.
8. Provide to the City a letter from Otay Municipal Water District indicating that
the assessments/bonded indebtedness for all parcels dedicated to the City have
been paid or that no assessments exist on the parcel(s).
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9. Present written verification to the City Engineer from Otay Water District that
the subdivision will be provided adequate water service and long term water
storage facilities.
GRADING
10. Provide an updated soils report or an addendure to the original document
prepared by a registered engineer, as required by the City Engineer.
11. Submit and obtain approval by the City Engineer for an erosion and
sedimentation control plan together with grading plans.
12.Submit a list of proposed lots indicating whether the structure will be located
on fill, cut, or a transition between the two situations.
13. Post bonds or other security acceptable to the City to guarantee completion of
the grading of Orange Avenue from Hunte Parkway to the westerly boundary
of the San Diego Gas and Electric easement.
The bonds or security required above shall be in an amount equal to 150% of
the grading costs of the alignment of the particular streets for which the bond
or security is being posted, or as approved by the City Engineer, as well as the
adjacent slopes at a 2:1 slope and any appurtenant drainage structures required
for proper drainage of the graded area. The bonds or security may provide for
a reduction in the amount thereof to 110% of the original amount thereof upon
approval by the City of the plans for such grading work and to 25% of the
original amount thereof upon substantial completion of such grading work as
determined by the City Engineer.
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:
(1) Regional development threshold limits set by the East Chula Vista
Transportation Phasing Plan have been reached.
(2) 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 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
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development and the construction of improvements affected. In such
case, the PFFP may be amended as approved by the 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.
OPEN SPACE/ASSESSMENTS
18. Offer to grant in fee to the City on the Final Map open space Lot "A" and "C".
The minimum width of Lot "A" and Lot "C" shall be 10 feet.
19. Offer to grant in fee to the Homeowners' Association corridor lot "B".
20. 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.
21. Include open space lot "A" and "C" in the EastLake Open Space District No. 1.
Corridor lot "B" shall be privately maintained.
22. Agree to grant in fee to the City public access easements over paved walkways
Resolution No. 17749
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to Golf Course Trail vista points as approved by the City Engineer and the
Director of Parks & Recreation Department.
23. Comply with the terms and conditions of the Acquisition/Financing Agreement
for Assessment District 94-1, CO 94-064, approved by Council Resolution
R17483 as said terms and conditions may be applicable to this development at
such time as said assessment district is formed.
24. Make payment to reduce the debt on the subject property as the result of lower
density than assumed for the assessment districts 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 per unit.
25, Pay all costs associated with apportionment of assessments for all City
assessment districts as a result of subdivision of lands within the boundary.
Request apportionment and provide a deposit to the City estimated at
~40/unit/district to cover costs,
26. Prepare a disclosure form to be signed by the home buyer acknowledging that
additional fees have been paid into the Assessment District or the
Transportation DIF Fund, and that these additional fees are reflected in the
purchase price of the home for those units which have a density change from
that indicated in the assessment district's Engineer's Report. Submit disclosure
form for the approval of the City Engineer.
MISCELLANEOUS
27. Make the necessary lot line adjustments to bring lot #18, 19, 27, 31, 32, 38
and 39 in compliance with the RS-7 district lot depth residential property
development standard.
28. Conduct an acoustical analysis to determine site specific noise impacts and
mitigation measures prior to issuance of grading permits or construct a noise
attenuation wall along the length of the projects' frontage with Hunte Parkway.
The design and location of said noise attenuation wall is subject to review and
approval by the Director of Planning.
29. Submit a comprehensive wall and fence program(s) for review and approval by
the Director of Planning prior to approval of the grading plan and/or Final Map.
30. Submit a comprehensive landscape plan for Lot A, B and C to the City
Landscape Architect for review and approval prior to approval of the grading
plan. Submit detailed irrigation 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.
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31. Tie the boundary of the subdivision to the California System -Zone VI (1983).
32. Submit copies of Final Maps 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 5-1/2 HD floppy disk prior to the approval of each Final Map.
X. CODE REQUIREMENT REMINDERS
1. 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.
2. Underground all utilities within the subdivision in accordance with Municipal
Code requirements.
3. Pay the following fees in accordance with the City Code and Council Policy:
a. The Transportation and 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 (effective January 1, 1995).
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.
4. Install required fire hydrants prior to delivery of any combustible construction
materials.
5. Install residential fire sprinkler systems, as deemed necessary by the Fire
Marshal.
XI. 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
Resolution No. 17749
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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.
XII. NOTICE OF DETERMINATION
The City Council directs the Environmental Review Coordinator to post a Notice of
Determination and file the same with the County Clerk.
XIIIo 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, provisions or conditions are
determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable,
this resolution shall be deemed to be automatically revoked and of no further force and
effect ab initio.
Robert A. Leiter uce M. Boogaard -
Director of Planning City Attorney
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PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of December, 1994, by the following vote:
YES: Councilmembers: Fox, Padilia, Rindone, Horton
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Shirley/'~rton, Mayor
ATTEST:
Beverl~/(A. 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. 17749 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 6th day of December
1994.
Executed this 6th day of December, 1994.
Beverly ~A. Authelet, City Clerk