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HomeMy WebLinkAboutReso 1994-17774 RESOLUTION NO. 17774 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING CONDITIONS ON THE TENTATIVE SUBDIVISION MAP FOR PARCEL R-20, KNOWN AS VENTANA, CHULA VISTA TRACT 95-03, 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, and commonly known as Unit 20 of EastLake Greens Tentative Subdivision Map, Chula Vista Tract 88-3; and for the purpose of general description herein consists of 13.7 acres located on the west side of South Greensview Drive, south of 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 25, 1994, Brehm Communities ("Developer") and 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 Ventaria, Chula Vista Tract 95-03 in order to subdivide the Project Site into 109 residential lots and three open space 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. 16198 ("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, AQ1P and WCP amendment previously approved by City Council Resolution No. 17618 on August 16, 1994; and, Resolution No. 17774 Page 2 D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on said project on December 7, 1994, and voted 6~0 to recommend that the City Council approve the Project based upon the findings and subject to the conditions listed below; and, 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 20, 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: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this project held on December 7, 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 IS-94-19 (known as Document No. CO94-180 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 I [ III Resolution No. 17774 Page 3 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 for the Project is in conformance with the elements of the City's General Plan, based on the following: 1. Land Use The proposed density of 7.95 du/ac is in compliance with the approved EastLake Greens SPA density range of 5-15 du/ac for the Project site. 2. Circulation All of the on-site and off-site public streets required to serve the Project 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 Project wile 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. 3. Housing The EastLake Greens SPA Plan area has been conditioned to provide a minimum of 10% affordable housing including a mix of housing types and lot sizes for single-family, townhouses, condominium and, eventually, apartment densities that will provide a wide spectrum of Resolution No. 17774 Page 4 housing prices for persons of various incomes. The single-family detached residential housing type proposed within the Project is consistent with the EastLake Greens SPA Plan. 4. 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 the Project Site to be consistent with these goals and policies. 5. 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. 6. Seismic Safety The Project is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. 7. Safety The Fire Department and other emergency service agencies have reviewed the Project for conformance with City safety policies and have determined that it meets the City Threshold Standards for emergency services. 8. 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. 9. Scenic Highway The Project Site is not located along a designated scenic highway, but will provide a 10 ft. wide landscape buffer and decorative wall along Greensview Drive in order to enhance the appearance of the Project from the street. The project, as conditioned, will be required to provide a landscape T [ !! 1 Resolution No. 17774 Page 5 buffer in conformance with landform grading and scenic highway principles of the General Plan. 10. 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. 11. 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 Project. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. VIII. VALIDITY OF EXACTIONS. The City hereby finds that the exactions herein required of the Developer are related to the proposed development and are in an amount or degree that is proportional to the impact of the development. IX. GENERAL CONDITIONS OF APPROVAL The approval of the Project which is stated to be conditioned on "General Conditions" is hereby conditioned as follows: II '1 Resolution No. 17774 Page 6 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 95-03 and the Mitigated Negative Declaration IS-94-19 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 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 tothe 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 amended by Resolution 17618 approved by Council on August 16, 1994, 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 If phasing is proposed within an individual map or through multiple final maps, submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of any final map. 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 Planing. The City reserves the right to condition approval of each final map with the requirement Resolution No. 17774 Page 7 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 revision. G. Annexation Annex all property within the proposed subdivision boundary of each final map to the City of Chula Vista from the County of San Diego prior to approval of each map. H. Design Review Approval The final map shall comply with all applicable plans and conditions approved with DRC-95-16. X. 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, construct and dedicate right of way for 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, drainage facilities, utilities, etc) deemed necessary to provide service to the subject subdivision in accordance with City standards. 3. Design streets to meet 250' minimum distance between centerline intersections or as approved by the City Engineer. 4. The waivers requested on the tentative map for the following are hereby granted: a) cul de sacs b) tangent length between Station 28 and Station 30 c) knuckles d) driveway separation from PCR to be 4 feet minimum 5. 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. Resolution No. 17774 Page 8 6. Design all residential streets with 200 ft. minimum curve radii. 7. Obtain and grant to the City easements for the maintenance of the proposed sewer and storm drain between the northerly subdivision boundary and the point of connection to the existing facilities. Said easements shall be 10' wide minimum. GRADING 8. Submit and obtain approval by the City Engineer for final grading plans. 9. Provide an updated soils report or an addendum to the original document prepared by a registered engineer, as required by the City Engineer. 10. Submit and obtain approval by the City Engineer for an erosion and sedimentation control plan together with grading plans. 11. Submit a list of proposed lots indicating whether the structure will be located on fill, cut, or a transition between the two situations. AGREEMENTS 12. 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 development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the Planning Director and City Engineer. 13. 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 Resolution No. 17774 Page 9 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. 14. Agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 15. 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 16. Pay additional fees on a fair-share basis into Assessment District Numbers 90- 3, 91-1 and other applicable assessment districts due to a change in units approved subsequent to District formation as determined by the City Engineer. 17. 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. 18. 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. 19. Request annexation into EastLake Maintenance District #1 of all areas within the tentative map boundary not currently included in the district prior to approval of the first final map which includes said areas. Deposit $3,000 to initiate annexation proceedings. Pay all costs of proceedings. MISCELLANEOUS 20. Tie the boundary of the subdivision to the California System -Zone VI (1983). 21. 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 T II ] Resolution No. 17774 Page 10 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. XI. 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. Satisfy the requirement to pay the Transportation Development Impact Fees (TDIF) prior to final map approval if the fee is financed through an assessment district or pay the TDIF prior to issuance of building permits. 4. Pay the following fees in accordance with the City Code and Council Policy: a. The 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 5. Pay the amount of applicable fees in effect at the time of issuance of building permits. The developer is advised that fees periodically change, and that it is the developer's responsibility to contact the appropriate City department or government agency to ascertain the amount of a given fee due at the time of collection. 6. Required fire hydrants must be installed and operable prior to delivery of any combustible construction materials. 7. If any part of the development will be adjacent to an open space area, particularly canyon rims, a plan for brush management and fire resistive landscaping must be submitted. Resolution No. 17774 Page 11 XII. 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. XIII. 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. XIII. 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. Presented by (/~~io for ~y City Attorney Resolution No. 17774 Page 12 1-1 'l .- W EXHIBIT A CHULA VISTAPLANNIN(; DEPA!~TMENT Resolution No. 17774 Page 13 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 20th day of December, 1994, by the following vote: YES: Councilmembers: Fox, Moot, Padilia, Rindone, Horton NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirley~rton, Mayor ATTEST: Beverly/~. 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. 17774 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 20th day of December 1994. Executed this 20th day of December, 1994. Beverly A~'Authelet, City Clerk