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HomeMy WebLinkAboutReso 1993-16960 RESOLUTION NO. 16960 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TENTATIVE SUBDIVISION MAP FOR TELEGRAPH CANYON ESTATES, CHULA VISTA TRACT 93-03; AND MAKING THE NECESSARY FINDINGS; READOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING PROGRAM FOR EIR 91-05 WHEREAS, the property which is the subject matter of this resolution is identified and described on Chula Vista Tract 93-03, and is commonly known as Telegraph Canyon Estates ("Property"); and, WHEREAS, the Baldwin Vista Associates, Limited, A California Partnership (Developer) filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as Telegraph Canyon Estates, Chula Vista Tract 93-03, with the Planning Department of the City of Chula Vista on September 30, 1992 ("Project"); and, WHEREAS, said application requested the approval for the subdivision of approximately 111.8 acres located on the north side of Otay Lakes Road directly east of Otay Lakes Lodge mobile home park and directly south of Eastlake Shores, east of the easterly terminus of Gotham Street, into 345 residential lots, open space areas and one recreation lot; and, WHEREAS, the develo ment of the Property has been the subject matter of a General Development Plan ~'GDP") and a Sectional Planning Area Plan ("SPA Plan") previously approved by the City Council on August 25, 1992 by Resolution No. 16768 wherein the City Council, in the environmental evaluation of said GDP and SPA Plan, relied in part on the Telegraph Canyon Estates General Development Plan and SPA Plan Environmental Impact Report No. 91-03, SCH No. 91071033 ("Program EIR 91-05"), a program environmental impact report as same is defined in CEQA Guideline Section 15168; and, WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under Program EIR 91-05 that is in substantial conformance in all relevant respects, including lot size, lot numbers, lot configurations, transportation corridors, etc., to the project descriptions in said former environmental evaluations; and, WHEREAS, the City Environmental Review Coordinator has reviewed the proposed Tentative Map and determined that is in substantial conformance with the GDP and SPA Plan, therefore no new environmental documents are necessary; WHEREAS, the Planning Commission held an advertised public hearing on said project on December 16, 1992 and voted to recommend that the City Council approve the Tentative Map in accordance with the findings and conditions listed below and readopted the Statement of Overriding Considerations and the Mitigation Monitoring Program; and, Resolution No. 16960 Page 2 WHEREAS, the City Council set the time and place for a public hearing on said tentative subdivision map 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 public hearing was held at the time and place as advertised, namely 6:00 p.m., January 12, 1993, in the Council Chambers, 276 Fourth Avenue, before the City Council and said public hearing was thereafter closed. NOW THEREFORE, THE CITY COUNCIL finds, determines and resolves as follows: SECTION I. CEQA Finding re Previously Examined Effects. The City Council hereby finds that the Project, as a later activity to that evaluated in the Program EIR 91-05, would have no new effects that were not examined in the preceding Program EIR 91-05 (Guidelines Section 15168 (c)(2); and, SECTION II. CEQA Finding re Project within Scope of Prior Program EIR. The City Council hereby finds that (1) there were no changes in the project from the EIR which would require occurred with respect to the circumstances under which the project is undertaken since the previous report; (3) and no new information of substantial importance to the project has become available since the issuance and approval of the prior report; and that therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and currently made a condition for Project implementation (Guidelines Section 15162). Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the Program EIR, and therefore, no new environmental documents are required (Guidelines 15168(c)(2)). SECTION III. Incorporation of All Feasible Mitigation Measures and Alternatives. The City does hereby adopt and incorporate herein as condi- tions for all approvals herein granted all mitigation measures and alternatives, if any, which it has determined, by the findings made in the GDP and SPA Resolution, to be feasible in the approval of the General Development Plan and the SPA Plan, respectively. ~.~ Resolution No. 16960 Page 3 SECTION IV. Notice with Later Activities. The City Council does hereby give notice, to the extent required by law, that this Project is an activity within the scope of the program approved earlier in the GDP and SPA Plan Resolution and the Program EIR adequately describes the activity for the purposes of CEQA (Guideline 15168 {e}). SECTION V. General Plan Findings--Conformance to the General Plan. Pursuant to Government Code Section 66473.5, in the Subdivision Map Act, finds that the tentative subdivision map as conditioned herein for Telegraph Canyon Estates, Chula Vista Tract No. 93-03, is in conformance with all the various elements of the City's General Plan, the Telegraph Canyon Estates General Development Plan and Sectional Planning Area Plan based on the following: A. Land Use - The project is a residential community which provides three lot sizes ranging between 5,685 square feet and 8,350 square feet. The project density is consistent with midpoint of the Low Medium density ' General Plan range and the approved GDP and SPA Plan. The project is also consistent with General Plan and SPA Plan policies related to grading and landforms. B. Circulation - All of the on-site and off-site public streets required to serve the subdivision consist of Circulation Element roads and local streets in locations required by said Element. The developer shall construct those facilities in accordance with City standards or pay in-lieu fees in accordance with the Telegraph Canyon Estates Public Facilities Financing Plan. C. Housing - The developer is required to enter into an agreement with the City to provide and implement a low and moderate income program off-site of the project or an in-lieu contribution prior to the approval of the Final Map. D. Conservation and Open Space - The project provides approximately 26 acres of open space, 234 of the total 111.8 acres. Grading has been limited on steep hillsides and grading plan approval will require the revegetation of slopes in natural vegetation. E. Parks and Recreation - The project will provide 0.7 and 1.5 acre private project recreation areas and the payment of full PAD fees. In addition, a public trail system will be provided within the project. Resolution No. 16960 Page 4 F. Seismic Safety - No seismic faults have been identified in the vicinity of the property. G. Public Safety - All public and private facilities will be reachable within the threshold response times for fire and police services. H. Public Facilities - The developer will provide all on- site and off-site streets, sewers and water facilities necessary to serve this project. I. Noise - The project will include noise attenuation walls as required by an acoustic study dated June 28, lg91 prepared for the project. In addition, all units are required to meet the standards of the UBC with regard to acceptable interior noise levels. J. Scenic Highway The roadway design provides wide landscaped buffers along Telegraph Canyon Road, a scenic highway. The development edge will be required to be enhanced consistent with scenic highway policy. K. Bicycle Routes - Bicycle paths are provided within the project and Otay Lakes Road has been designed to provide bicycle lanes. L. Public Buildings - While no public building sites are required of the subdivision, the project is subject to RCT and DIF fees. SECTION VI. 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. The development will provide for a variety of single family detached homes and will provide for low and moderate priced housing off-site of the project consistent with regional goals. 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 ill Resolution No. 16960 Page 5 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. SECTION VII. Conditional Approval of Tentative Subdivision Map. A. Chula Vista Tract 93-03 Tentative Map is hereby approved, subject to the following conditions, and on occurrence of the following conditions, the City will approve and authorize the recording of the Final Map for the territory covered by said Tentative Map (unless otherwise specified, all Conditions and Code Require- ments shall be fully completed to the City's satisfaction for each unit or phase prior to the approval of the corresponding Final Map. Unless otherwise speci fled, "dedicate" means grant the appropriate easement, rather than fee title): B. The developer shall: General/Preliminary 1. Install public facilities in accordance with the Public Facilities Financing Plan {PFFP} as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. In addition, the sequence in which improvements are constructed shall correspond to any future East Chula Vista Transportation Phasing Plan as may be amended in accordance with the final HNTB SR-125 Financing Study adopted by the City. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. [Engineering] 2. Prepare, submit and obtain approval of a Development Phasing Plan by the City Engineer and the Director of Planning prior to the approval of any Final Map, said Phasing Plan to be consistent with the PFFP. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and the Director of Planning. The City reserves the right to condition approval of Resolution No. 16960 Page 6 each final map with the requirement to provide said improvement facilities and/or dedications. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. [Engineering, PZann~ng] 3. The mitigation measures required before Final Map approval by the Final Environmental Impact Report for Telegraph Canyon Estates (FEIR) 91-05 are hereby incorporated into this Resolution by reference. Any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the satisfaction of the Director of Planning. Mitigation measures shall be monitored via the Mitigation Monitoring Program approved in conjunction with the FEIR. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning should changes in circumstances warrant such revision. [PZanning] 4. Unless otherwise conditioned, comply with, remain in compliance with, and implement, the terms, conditions and provisions of the Telegraph Canyon Estates General Development Plan, Sectional Planning Area Plan, Master Plan of Reclaimed Water, Water Conservation Plan, Air Quality Improvement Plan and the Public Facilities Financing Plan approved by the Council ("Plans") as are applicable to the property which is the subject matter of this Tentative Map, prior to approval of any Final Map, or shall have entered into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require, assuring that, after approval of all Final Maps, the developer shall continue to comply with, remain in compliance with, and implement such Plans. [PZonning, Engineering] Streets, Riqhts-of-Wav and Improvements 5. Provide security in accordance with Chapter 18.16 of the Municipal Code, dedicate and construct full street improvements for all public streets shown on the Tentative Map within the subdivision boundary as required for each unit or phase. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, Imm Resolution No. 16960 Page 7 concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, signs, and fire hydrants. All streets shall conform to the City's Street Design Standards Policy adopted by City Council Resolution #15349 unless otherwise conditioned or approved by the City Engineer. [Engineering] 6. Dedicate for public use all the streets shown on the tentative map within the subdivision boundary for each final map as determined by the City Engineer. [Engineering] 7. Provide design details for the bridge like structure at the project entry for review and approval of the City Engineer and Director of Planning prior to the approval of the first Final Map which creates individual residential lots. [Engineering, PZanning] 8. Include right-of-way for SR 125 in a lot granted in fee to the City for open space and transportation purposes prior to the approval of the first Final Map which creates individual residential lots. Include said lot in an open space district until transferred to the State of California. [Engineering, Parks and Recreation] 9. Install a fully activated traffic signal on Otay Lakes Road at the project entry. Install conduit, pull boxes, and wiring to interconnect said traffic signal to traffic signals along Telegraph Canyon Road. No Traffic Signal Fee credit will be given for said installation. [Engineering] 10. Grant to the City an easement or easements for street tree planting and maintenance, and landscape buffer areas along all public streets in the width required by the City's Street Design Standards. [Engineering] 11. Grant a lO-foot wide utility easement within open space lots adjacent to street rights-of-way. [Engineering] 12. Submit to and obtain approval by the City Engineer of striping plans for all collector streets simultaneously with the associated improvement plans. [Engineering] Resolution No. 16960 Page 8 13. Design all vertical curves and intersection sight distances to conformto standards in the CalTrans Highway Design Manual. [Engineering] 14. Install transit amenities on both sides of Otay Lakes Road at the project entry or appropriate alternative location as approved by the City Engineer. Transit amenities include but are not limited to benches and/or shelters and are subject to approval by the City Engineer. Pay $5,000 cash deposit to the City prior to the approval of the first Final Map to fund transit amenities when required. [Engineering] 15. Requested Waiver 1 is approved subject to compliance with parking requirements in Street Design Standard Policy, item #20, page 12. Requested waivers 2 and 4 as listed on the tentative map are hereby approved subject to submission of a letter from a registered civil engineer indicating that the results of the waivers requested conformwith common engineering practice and standards in consideration of public safety. Requested Waiver 3 is denied. [Engineering] 16. Vacate the Otay Water District access easement across Lots 6-12. [Engineering] Sewers 17. Provide access to all sanitary sewer manholes via an improved access road with a minimum width of 12 feet, designed for an H-20 wheel load, or other loading, subject to the approval of the City Engineer. [Engineering] Gradinq and Drainage 18. Provide graded access and 12 ft. wide easements to all public storm drain structures, including inlet and outlet structures. Construct improved access across side yards to drainage structures except as otherwise di rected by the City Engineer. [Engineering] 19. Submit a list of proposed lots indicating whether the structure will be located on fill, cut, or a transition between the two situations prior to approval of each Final Map for single family residential use. [Engineering] Resolution No. 16960 Page 9 20. Provide a letter of permission for grading from SDG&E prior to any grading within or adjacent to the 120 ft. SDG&E easement or which would affect access thereto and permission to locate a public storm drain within said easement. [Engineering] 21. Construct retention/detention facilities on site or as approved by the City Engineer to reduce the quantity of runoff to an amount equal to or less than present flows for the 100 year frequency storm. Provide design and calculations for said facilities to the City Engineer for approval prior to issuance of a grading permit. [Engineering] 22. Prepare and obtain approval by the City Engineer and the Director of Planning an erosion and sedimentation control plan and landscape/irrigation plans as part of the grading plans. [Engineering, PZanning] 23. Design the storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. [Engineering] 24. Provide a letter of permission from the CWA for grading and construction of street improvements within the 120 ft. wide easement, prior to any grading or construction within or adjacent to the County Water Authority (CWA) easement. [Engineering] Water 25. 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. [Engineering] 26. Provide to the City a letter from Otay Municipal Water District indicating that the assessments/bonded indebtedness for al 1 parcel s dedicated to the City have been paid or that no assessments exi st on the parcel (s). [Engineering] Reclaimed Water 27. Enter into an agreement with OWD to commit to use of reclaimed water at the earliest possible date. Make all reclaimed water use conform to the Resolution No. 16960 Page 10 applicable regulations of Chula Vista, Regional Water Quality Control Board and the State Department of Health. [Engineering, PZ~nning] 28. Determine the amount of and deposit all costs potentially incurred from retrofitring the reclaimed water system in all areas to be ultimately publicly maintained, when reclaimed water becomes available, the amount of said deposit subject to approval of the City Engineer. [Engineering] 29. Install reclaimed water lines as outlined in the Public Facilities Financing Plan when the associated road improvements are constructed or when the City Engineer determines that the facilities are necessary to provide a link to a live system. [Engineering] Aqreements Enter into a Supplemental Subdivision Agreement(s) with the City to: 30. Authorize the City to withhold building permits for any units in the subject subdivision if any one of the following occur: a. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. b. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards. 31. Comply with the requirements of the revised Eastern Chula Vista Transportation Phasing Plan and Transportation Development Impact Fee Program or as said documents may be revised based on the conclusions of the H.N.T.B. State Route 125 financing study. [Engineering] 32. Not protest formation of and inclusion in a Maintenance District or Zone for the maintenance of landscaped medians and scenic corridors along streets within and adjacent to the subject property or an Assessment District or Zone for the maintenance of Telegraph Canyon Flood Control Channel. [Engineering] Ii Resolution No. 16960 Page 11 33. Not prot:est formation of and inclusion in a Community Facility District to finance construction of SR 125. [Engineering] 34. 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. [Engineering] 35. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. [Engineering] 36. 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. [Engineering] 37. Submit certification signed by the Chula Vista Elementary School District and Sweetwater Union High School District indicating that the developer and the District have entered into a binding irrevocable agreement providing for full mitigation (as defined in the Special Tax Reports dated December 1992) of school facility needs generated by the project, through mutually agreed provisions for the establishment of a special taxing district, as per Special Tax Reports dated December 1992; or, if mutually agreed, the actual construction by developer of school facilities, or such other mitigation as may be deemed appropriate by the affected school district prior to the approval of the first final map which contains any residential units. Developer shall Resolution No. 16960 Page 12 have specifically waived the limitations, if any, of Government Code 53080 and 65995 et seq. insofar as those provisions would limit full mitigation of school facility needs and impacts. [Planning] Open SPace 38. Grant open space lots "A" and "D", and any portion of Lots "B" and "C" not dedicated in fee to the County Water Authority, to the City in fee on the first Final Map which creates individual residential lots and execute and record a deed for each lot. [Engineering, Parks and Recreation] 39. Submit a list of open space items to be maintained and a rough estimate of maintenance costs to allow City staff to determine a preliminary cost and spread for the open space district. [Engineering] 40. Request that the City forman Open Space District to maintain public Open Space lots "A" and "D", and any portion of Lots "B" and "C" not dedicated in fee to the County Water Authority, and submit to the City the associated diagram, cost estimate, description of work and a deposit of $8,000 for processing the formation of the district. [Engineering, Parks and Recreation] 41. Submit comprehensi've detailed landscape and irrigation plans and water management guidelines for all landscape irrigation in accordance with the Chula Vista Landscape Manual. The landscape format within the project shall be in substantial conformance with Section 3.2 (Landscape Concept) of the Telegraph Canyon Estates SPA plan and shall be subject to the approval of the City Landscape Architect and the Director of Parks and Recreation. [PZanning, Parks and Recreation] 42. Obtain approval of all plant materials, sizes and locations, and provisions for irrigation of open space maintenance areas from the Director of Parks and Recreation. [Parks and Recreation] 43. Grade a level, clear area at least three feet wide, along the length of any wall abutting an open space district lot, as measured from face- of-wall to beginning of slope, said area as approved by the City Engineer and Director of Resolution No. 16960 Page 13 Parks and Recreation. [Engineering, Parks and Recreation] 44. Obtain approval by the Director of Parks and Recreation for the size and location of all access points to open space maintenance areas. [Parks and Recreation] 45. Indicate on the grading plans that all walls which are to be maintained by an open space maintenance district are constructed entirely within the district roperty. [Parks and Recreation, Engineering? 46. Provide 3 ft. wide solid base on all walls fronting upon an open space district. [Parks and Recreation] 47. Obtain approval of final recreation trail and fence design and location from the Director of Parks and Recreation. [Parks and Recreation] 48. Locate a 5 ft. wide decomposed granite trail with a post and rail fence adjacent to the existing sidewalk on the north side of Otay Lakes Road subject to review and approval of the Director of Parks and Recreation. Locate said fence 2-feet away from the edge of the trail. [Parks and Recreation] 49. Improve an 8-foot wide pedestrian easement along the entire westerly side of Street A, along the north side of Lot "B" to the San Diego County Water Authority easement, north along the east side of said easement to and through the trail path between lots 148 and 14g, northerly along the west side of Street F to the southerly side of Gotham Street, and west to the westerly property boundary subject to review and approval of the City Engineer and the Directors of Parks and Recreation and Planning. [Engineering, Parks and Recreation, Planning] 50. Submit annual building permit reports, traffic counts and fisca] impact analysis to the City commencing with the construction of the project and scheduled to coincide with the annual review of the Growth Hanagement Oversight Committee. [Planning] T ' ii1: Resolution No. 16960 Page 14 ~-~ Miscellaneous 51. Tie the boundary of the subdivision to the California System Zone VI (1983). [Engineering] 52. Submit copies of Final Maps in a digital format such as {DXF) graphic file prior to approval of each Final Map for any unit. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in duplicate on 5-1/2 HD floppy disk prior to the approval of each Final Map. [Engineering] 53. Mitigate noise impacts on the residences along SR 125 by the placement of solid walls on the building pads at the top of the slopes adjacent to the roadway. The walls shall be constructed in conformance with the design guidelines set forth in the SPA Plan for Telegraph Canyon Estates. The end of each noise wall shall wrap around the building pad enough to block the line of sight from all points in the exterior living space to any portion of the impacting roadway. Indicate on the grading plans the location of said walls. The design and placement are subject to the approval of the City Engineer and the Director of Planning. [Engineering, PZanning] 54. Construct a block wall between the retaining walls indicated on the Tentative Map along the south side of Gotham Street adjacent to the Otay Water District property. Said wall shall not be lower than 5 feet in height along its entire length and shall be constructed with decorative concrete blocks, subject to the approval of the Director of Planning. [PZanning] 55. Include the pedestrian path between Lots 148, 149 and 150 in Lot C. [PZanning] 56. Prepare Covenants, Conditions, and Restrictions (CC&R's) for the project, subject to the approval of the Director of Planning, which provide that: a. The parking of recreational vehicles, trailers or boats within the development shall be prohibited. Resolution No. 16960 Page 15 b. Fencing on rear slopes shall be limited to coated chain link or wrought iron colored green, black or earth tones. [PZanning] 57. Gain approval by the Directors of Planning and Parks and Recreation of the final development plans of the recreation areas on Lots "A" and "B". [PZanning, Parks and Recreation] 58. Enhance the development edge along the Otay Lakes Road scenic corridor, i.e., varied heights and setbacks, architectural treatment, and decorative landscaping and walls, subject to approval by the Di rector of Planning. [PZanning, Parks and Recreation] 59. Provide a letter verifying that a qualified paleontologist has been retained to implement the mitigation measures relative to paleontological resources as outlined in the Mitigation Monitoring Program prior to the issuance of a grading permit. [PZanning] 60. Mitigate adverse impacts associated with geological hazards in compliance with the mitigation monitoring program of the Final Environmental Impact Report for Telegraph Canyon Estates GDP and SPA Plan (EIR 91-05). [PZonning, Engineering] 61. Dedicate and record an open space easement on a minimum of 0.9 acres wetlands associated with a larger wetlands area on the Otay Ranch property in a location approved by the Director of Planning. [PZanning] 62. Enter into an Affordable Housing Agreement with the City in conformance with Condition No. 6 of the Telegraph Canyon Estates GDP and SPA Plan (Resolution No. 16768) prior to the approval of any Final Map. [Community DeveZopment] 63. Use Street A as exclusive access to the property by construction vehicles. Gotham Street and Creekwood Way shall remain closed until the northwesterly phase of the project is constructed, subject to the approval of the City Engineer and the Director of Planning. [Engineering, PZanning] Resolution No. 16960 Page 16 64. Pay off all existing deficit accounts associated with the processing of this application to the satisfaction of the Director of Planning. [PZonning] 65. Landscape the area between the retainin9 walls on the south side of Gotham Street alon9 the Otay Municipal Water District property and the sidewalk/trail, subject to the approval of the Director of Planning. [PZonning] 66. Prepare detailed plans for the development within and adjacent to the walkway between lots 148, 149, and 150, said plans to include landscaping, fencing and house siting on adjacent lots, subject to the approval of the Director of Planning and Parks and Recreation. [PZonning, Porks ~nd Recreation] 67. Provide a planting area a minimum of 3 feet in width between property line fences and retaining walls 3 feet in height or higher, subject to the approval of the Director of Planning. [PZanning] Code Requirements 68. Cause the zoning of an off-site parcel(s) to be used exclusively for a Community Purpose Facilities site(s), subject to the satisfaction and approval of the Director of Planning, prior to the recordation of the first Final Map for the project, or submit a Revised SPA Plan and Tentative Map which provides for said site within the subdivision. [PZonning, City Attorney] 69. 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. [Engineering. PZanning] 70. Underground all utilities within the subdivision in accordance with Municipal Code requirements. [Engineering] 71. Pay the following fees in accordance with the City Code and Council Policy: Resolution No. 16960 Page 17 a. The Transportation and Public Facilities Development Impact Fees 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. Pay the Telegraph Canyon Sewer Basin fee. e. Pay the Telegraph Canyon drainage fees in accordance with Ordinance 2384 prior to final map approval. Pay the amount of said fees in effect at the time of issuance of building permits. [Engineering] 72. Make all proposed development consistent with the EastLake I SPA Planned Community District Regulations, as amended in the Telegraph Canyon Estates SPA Plan, subject to the approval of the Director Planning. [PZonning] 73. Comply with Title 24 and any other energy conservation ordinances and policies in effect at the time construction occurs on the pr~pBerty in conformance with this Tentative Map. uiZdlng ~nd Housing, PZ~nnlng] SECTION VIII. 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, or if any of such conditions fail to be so implemented and maintained according to their terms, the City, following a public hearing by the City Council at which the applicant or successor in interest is given notice and the opportunity to appear and be heard with regard thereto, 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. SECTION IX. CEQA Findings. Resolution No. 16960 Page 18 A. Re-adoption of Findinqs. The Council does hereby re-approve, accept as its own, and re-incorporate as if set forth full herein, and make each and every one of the CEQA Findings attached hereto as Exhibit A. B. Certain Mitiqation Measures Feasible and Re-adopted. As more fully identified and set forth in the Program EIR and in the CEQA Findings for this Project, the Council hereby finds, pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, that the mitigation measures described in the above referenced document 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. C. Feasibility of Alternatives. As is also noted in the environmental documents referenced in the immediately preceding paragraph, six alternatives to the Project which were identified as potentially feasible are hereby found not to be feasible. These alternatives are: no project, two alternative designs and three alternative locations. D. Adoption of Mitiqation Monitorinq Proqram. As required by the Public Resources Code Section 21081.6, City Council hereby re-adopts the Mitigation Monitoring and Reporting Program ("Program") set forth as Exhibit B to this resolution and incorporated herein by reference as set forth in full. 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. E. Statement of Overridinq Considerations. Even after the re-adoption of all feasible mitigation measures, certain significant or potentially significant environmental affects caused by the project cumulatively will remain. Therefore, the City Council of the City of Chula Vista re-issues, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations, as set forth and attached hereto as Exhibit C, identifying the specific economic, social, and other considerations that render the unavoidable significant Resolution No. 16960 Page 19 adverse environmental effects still significant but acceptable. SECTION X. 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 XI. Adoption of Street Names. City Council hereby accepts the recommendation of the Planning Commission and approves and adopts as the official street names for all streets within the subdivision, those set forth in Exhibit D attached hereto, pursuant to Chula Vista Municipal Code Section 12.44.010. Robert A. Lei ter aa Di rector of P1 anning City Attorney Iil i:l Resolution No. 16960 Page 21 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this lgth day of January, lgg3, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Rindone NOES: Counci 1 members: None ABSENT: Councilmembers: Nader ABSTAIN: Councilmembers: None 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. 16960 was duly passed, approved, and adopted by the City Council held on the 19th day of January, 1993. Executed this 19th day of January, 1993. ' h C