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HomeMy WebLinkAboutReso 1994-17621RESOLUTION NO. 17621 A RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING AN AMENDMENT TO THE RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) I PLAN AND A TENTATIVE SUBDIVISION MAP FOR 16.9 ACRES LOCATED AT THE SOUTHEAST CORNER OF RANCHO DEL REY PARKWAY AND DEL REY BOULEVARD WHEREAS, the property which is the subject matter of this resolution is 16.9 acres located at the southeast corner of Rancho del Rey Parkway and Del Rey Boulevard ("Property"); and, WHEREAS, duly verified applications for a tentative subdivision map and an amendment to SPA I for the property were filed with the Planning Department of the City of Chula Vista on April 28, 1994 by Sunland Communities, and Rancho Del Rey Partnership L.P.; and, WHEREAS, said applications requested (1) an amendment to reclassify the Property from Single Family Attached to Single Family Detached Townhomes, (2) a 20 unit density transfer on to the site, and (3) approval of a tentative subdivision map to subdivide the Property into 41 lots containing a total of 200 dwelling units; and, WHEREAS, the City has previously adopted EIR-87-01 for the Rancho Del Rey SPA I area, including the area to be amended and subdivided; and, WHEREAS, the City Council considered the Final Environmental Impact Report-87-1 Rancho del Rey SPA I (FEIR) and the addendum thereto for the SPA amendment and Tentative Subdivision Map ("FEIR-87-1 Rancho del Rey SPA I - Sunland Rancho Del Rey") pursuant to Section 15164 of the California Environmental Quality Act; and, WHEREAS, the Planning Commission held a public hearing on July 27, 1994 and voted 6-0 to recommend that the City Council approve the SPA amendment and Tentative Subdivision Map; and, WHEREAS, the City Clerk set the time and place for a hearing on said amendment and tentative map 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 1000 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., August 23, 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: Resolution No. 17621 Page 2 SECTION 1. CEQA Evaluation. This Project, conditionally permitting the Property located at the southeast corner of Rancho Del Rey Parkway and Del Rey Boulevard to be subdivided in to 41 Lots with a 20 unit density transfer on to the site and changing the residential type from single family attached to detached, is part of a larger project for which a Final Environmental Impact Report, to wit FEIR 87-1, was prepared and certified by this Council, and is adjacent to the Rancho del Rey "power center" project for which a Final Supplemental Environmental Impact Report, to wit: FSEIR 92-02, was prepared and certified by this Council. FEIR 87-1 consisted of Final Environmental Impact Report (FEIR 87-1) SCH #87070102, dated October 19, 1987 which contained (1) Draft EIR-87-1; (2) Comments on the Draft and Responses; (3) one addenda; (4) Appendices (A through J) to the Environmental Impact Reports. FSEIR 92-02 consisted of "FEIR 92-2", dated October 5, 1992, SCH #92051032, which contained (1) Final EIR 92-2; (2) Comments and responses on the Draft EIR 92-02; (3) Appendices to Responses to Comments, A through D, inclusive; (4) Appendices 12.1 through 12.7 to the FEIR 92-2; (5) Errata Sheet for FSEIR for Rancho del Rey Commercial Center; The FEIR 87-1 and the addendure entitled "Third Addendure to FEIR 87-1, Rancho Del Rey SPA I, Sunland Rancho Del Rey" ("Third Addendure") as well as FSEIR 92-02, known as document number CO94-188, a copy of which is on file in the office of the City Clerk, has been reviewed and considered by the City Council of the City of Chula Vista; and, The FEIR 87-1, herewith defined to include the Third Addendum is hereby certified by the City Council to have been completed in compliance with the California Environmental Quality Act and all applicable guidelines. The City Council accepts and approves the Third Addendure to FEIR-87-1 Rancho Del Rey SPA I - Sunland Rancho Del Rey; and finds in accordance to the Third Addendum to FEIR-87-1 (IS-94-22) that all public services would be effected the same as the previous analysis and no further changes would be required in conclusions, findings, and mitigation measures. The project site was previously graded and there will be no further impacts to natural resources. The City Council concurs in the conclusion expressed in the Third Addendure that the project will not create any new environmental impacts that have not been fully and adequately analyzed in FEIR 87-01 and the First and Third Addendum. Resolution No. 17621 Page 3 Re-Adoption of Findings. The Council does hereby re-approve and incorporate herein as if set forth full, and make each and every one of the CEQA Findings set forth in Council Resolution Nos. 13393, adopted December 15, 1987 (87-1 adopting CEQA findings), 13389, adopted December 15, 1987 (87-1 adopting statement of overriding considerations); and 16900 (92-02) adopted November 24, 1992. Certain Mitigation Measures Feasible and Re-Adopted. As more fully identified and set forth in the FEIR 87-1 and FSEIR 92-2, and the Third Addendum, Council readopts the finding that, pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, the mitigation measures described in the FEIR 87-1 or the resolution approving same (Resolution No. 13393), are feasible and will become binding upon the appropriate entity such as the Applicant, the City, or other special districts which has to implement these specific mitigation measures. Feasibility of Alternatives. The Council has previously concluded that alternatives to the project evaluated under FEIR 87-1 were found not to be feasible, and the approval of this Project and the adoption of the Third Addendure does not change that conclusion, herein incorporated by reference. Adoption of Mitigation Monitoring Program. As required by the Public Resources Code Section 21081.6, City Council hereby determines that the Mitigation Monitoring and Reporting Program ("Program") adopted in and set forth in the resolution adopting FEIR 87-1, and incorporated herein by reference as set forth in full, is fully adequate for this Project. The City Council finds that the Program is designed to ensure that during the project implementation and operation, the applicants and other responsible parties implement the Project components and comply with the feasible mitigation measures identified in the findings and in the program. Statement of Overriding Considerations. The City Council, when it adopted FEIR 87-1, originally concluded that after the adoption of all feasible mitigation measures, certain significant or potentially significant environmental affects caused by the project or cumulatively will remain. The City Council of the City of Chula Vista, pursuant to CEQA Guidelines Section 15093, adopted a Statement of Overriding Considerations by Resolution No. 13389 identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects still significant but acceptable. The approval of this Project does not ' II I Resolution No. 17621 Page 4 change the conclusions of the Council in the findings made in such Statement of Overriding Considerations. SECTION 2. Findings for Approval - Sectional Planning Area (SPA) Amendment and Density Transfer. The proposed sectional planning area plan is in conformity with the general development plan of the P-C zone, any adopted specific plans, and the Chula Vista general plan and its several elements. The change from single family attached to detached is primarily an alternative to the same product type and is therefore in conformance with the El Rancho del Rey Specific Plan, which was found at its adoption to be consistent with and a refinement of the Chula Vista General Plan and its several elements. In order to establish flexibility in the distribution of residential densities, the El Rancho del Rey Specific Plan allows transfer of densities within any SPA. The 20 unit density transfer is thus in conformance with the El Rancho del Rey Specific Plan and The Chula Vista General Plan as noted above. The proposed sectional planing area plan would promote the orderly, sequentialized development of the involved sectional planning area. The proposed density transfer and change in residential type from attached to detached will allow the applicant to develop a residential product that suits the present market demand without affecting the housing balance envisioned within the SPA. The density transfer will not increase the total number of units authorized by the SPA and results in an improved development plan considering the present market demand and the balance of housing opportunities envisioned in the SPA plan. The proposed sectional planning area plan would not adversely affect adjacent land use, residential enjoyment, circulation, or environmental quality. The proposed project will occupy a graded building pad designated for residential development within a Planned Community and with all streets and utilities in place and designed to accommodate this development. SECTION 3. Findings for Approval of the Tentative Map. A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the tentative subdivision map as Resolution No. 17621 Page 5 conditioned herein for Sunland Rancho Del Rey, Chula Vista Tract No. PCS-94-02, is in conformance with the Elements of the City's General Plan, based on the following: Land Use - The residential dwelling type is consistent with the Rancho del Rey SPA Plan as amended by PCM-94-26. Said amendment allows a detached housing product and the transfer of 20 units onto the site for a project yield of 11.8 du/ac which is consistent with the 12 du/ac target density designated on the SPA plan, and the units within the SPA are not increased over the total number authorized for the SPA. Circulation - The private street system meets the City standards and requirements for emergency vehicles. The Addendum to EIR- 87-01 shows that public streets are adequate to serve the project. Housing - The type of housing being proposed is town homes consistent with the Rancho del Rey SPA Plan as amended by PCM-94.26. Conservation - The adoption of FEIR-87-01, and addendum thereto, addressed the goals and policies of the Conservation Element of the General Plan and found the development of this site as consistent with those goals and policies. This proposal does not affect that finding. Park and Recreation, Open Space - The Rancho del Rey SPA Plan provides public parks and open space consistent with City policies. Seismic Safety - There are no known active faults within the vicinity. Safety - The proposal meets City threshold Standards for emergency services. Noise - A noise attenuation wall is required along all street boundaries of the open space lot separating the residential buildings from the street. With this measure the project will be consistent with Noise Element and standards of the City. Scenic Highway - The project is not to adjacent to scenic highways. Resolution No. 17621 Page 6 Bicycle Routes - When the street system in the Rancho Del Rey was originally constructed, appropriate bicycle lanes were included within the community and are presently in use. The private streets within the project are of adequate width to accommodate bicycle travel interior to the site. 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. 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. 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. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. SECTION 4. Conditional Approval of Real Property Exchange (boundary adjustment) and Tentative Subdivision Map. The City Council does hereby approve, subject to the following conditions, the tentative subdivision map for Sunland Rancho del Rey, Chula Vista Tract PCS- 94-02 and real property exchange (boundary adjustment) shown thereon. 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: GENERAL Install public facilities in accordance with the Rancho del Rey, SPA I and SPA II 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. If phasing is proposed within an individual map or through multiple final maps, submit and obtain approval for a development phasing plan by the Resolution No. 17621 Page 7 City Engineer and Director of Planning prior to approval of any final map. Improvements, facilities, dedications and construction of all improvements, including but not limited to, streets and open space and recreation areas to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning. The City reserves the right to condition approval of each final map with the requirement to provide said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meetthe 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. Prepare the final map(s) which include the exchange of property between the City and developer to include the City as signatory. A complete set of photo ready exhibits and text of the SPA I amendment shall be submitted to the Planning Department prior to approval of the first final map. STREETS, RIGHTS-OF-WAY AND IMPROVEMENTS Design and construct all streets to meet the City standards for private 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. Install decorative concrete paving, signing or other improvements required by the City Engineer to identify the boundary between the public and private roadway at the entrance to the proposed development on Rancho del Rey Parkway. Decorative paving shall be located entirely within private property and be subject to approval by the City Engineer and Planning Director. Design and construct the entrance to the proposed development to include two ten foot wide lanes for egress to the satisfaction of the City Engineer. Request for variance on the tangent length on private street "B" is hereby approved. Include in CC&R's homeowner's association responsibility to maintain all private drives, streets, drainage and sewer facilities. Include the City of Chula Vista as a party to said CC&R's authorizing the City to enforce the terms and conditions in the same manner as any owner within the subdivision. Resolution No. 17621 Page 8 10. All storm drains within the development and storm drain connections to public storm drains within street rights-of-way shall be private and maintained by the homeowners association. 11. Obtain private storm drain easements across City open space lots. 12. Guarantee and construct public sewers in accordance with City standards, Align public sewers within lots 9 and 17 to the satisfaction of the City Engineer. 13. Grant on the final map general access and utility easements over private streets and access and maintenance easements for all public sewers within Lots 9 and 17. Provide improved access to support H-20 wheel loading to all sewer manholes. 14. 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). 15, 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. 16. Grant to the City a 1 O-foot wide utility easement adjacent to the street right-of-way within the open space lot along Rancho del Rey Parkway. GRADING 17. Submit and obtain approval by the City Engineer for an erosion and sedimentation control plan as part of any grading plans. AGREEMENTS 18. 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: b. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. c. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards. d. The developer agrees that the City may withhold building permits for any of the proposed development if the required public Resolution No. 17621 Page 9 19. 20. 21. 22. OPEN 23. 24. 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 City Planning Director and Public Works Director. Agree to obtain an encroachment permit in favor of the subject development's homeowners' association to install enhanced paving within public sewer easements. 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 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. Agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 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. SPACE/ASSESSMENTS Grant in fee on the first Final Map all open space lots shown on the approved tentative map to be granted to the City and execute and record a deed for each lot. Prepare and submit for execution grant deeds for open space areas to be granted fr, om the City to the developer as shown on the approved tentative map. Submit a list of all facilities located on open space lots to be maintained by the existing Open Space District No. 20. 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, ' II I Resolution No. 17621 Page 10 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. 25. Pay all costs associated with: Reapportionment of assessments for Assessment District 87-1 as a result of subdivision of land within the project boundary. Request reapportionment and submit a deposit to the City in the amount of $9640 ($40/Iots and units x 24 lots and units). Pro-rata share of the assessment district due to additional units; estimated at $7,519.20 (outstanding balance of $67,672.08/180 assumed units x 20 additional units). 26. Landscape and irrigation plans addressing the modifications to the irrigation system and new landscape areas shall be prepared to the satisfaction of the Parks and Recreation Director, MISCELLANEOUS 27. Tie the boundary of the subdivision to the California System -Zone VI (1983). 28. 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. SECTION 5. Code Reminders. 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. Underground all utilities within the subdivision in accordance with Municipal Code requirements. Pay the following fees in accordance with the City Code and Council Policy: II 'I Resolution No. 17621 Page 11 The Transportation and Public Facilities Development Impact Fees. Signal Participation Fees. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim Pre*SR-125 impact fee (effective January 1, 1995). Pay the amount of said fees in effect at the time of issuance of building permits. 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 6. Notice of Determination. City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. SECTION 7. Transmittal of Resolution. That a copy of this resolution be transmitted to the owners of the property. Presented by Robert A. Leiter Director of Planning Appro: as to form~ ://~ ' Bruce M Bo0gaard City AttOrney Resolution No. 17621 Page 12 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of August, 1994, by the following vote: YES: Councilmembers: Fox, Hotton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Beverly ~.Aut;~elet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO CITY OF CHULA VISTA ) ) ss. I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17621 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 16th day of August, 1994. Executed this 16th day of August, 1994. ~uthelet, City Clerk