Loading...
HomeMy WebLinkAboutReso 1994-17475RESOLUTION NO. 17475 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CERTAIN CONDITIONS OF RESOLUTION NO. 16960 APPROVING THE TENTATIVE SUBDIVISION MAP FOR CHULA VISTA TRACT 93-03, TELEGRAPH CANYON ESTATES WHEREAS, on January 19, 1993, by Resolution 16960, the City Council approved the Tentative Subdivision Map for Chula Vista Tract 93-03, Telegraph Canyon Estates; and, WHEREAS, at the time the first final map of this development was approved, Council also adopted Resolution 17278 amending the original conditions of approval of the tentative map and certain conditions were amended to defer compliance until approval of a later final map of the development; and, WHEREAS, the supplemental subdivision agreement for the first phase of development (Resolution No. 17279) outlined the terms and conditions for the developer to satisfy the amended conditions; and, WHEREAS, the developer is now requesting that Council further amend Conditions of Approval Nos. 61,62, and 68 to defer compliance until approve of subsequent maps; and, WHEREAS, Condition No. 61, as originally amended, requires the developer to enter into an agreement to dedicate and record in first priority positions a minimum of 0.9 acres of wetlands on the Otay Ranch property prior to approval of the fourth final map; and, WHEREAS, it had been anticipated that the grant of easement and subordination agreement would be completed prior to presenting the fourth final map for Council approval; the grant of easement has been prepared and recorded, however, because the property on which the easement is located serves as collateral for loans secured for the purchase of the Otay Ranch the subordination agreement must be executed by a number of different entities and individuals and the execution process has taken considerably more time than anticipated; and, WHEREAS, staff recommends that Condition No. 61 be further amended to read as follows: "Enter into an agreement not to apply for Council approval of a fourth or later Final Map for the Property until Developer has dedicated to the City, by the recordation of a dedication deed, an easement over a minimum of 0.9 acres wetlands associated with a large wetlands area on the Otay Ranch property in a location approved by the Director of Planning ("Originally Wetlands Easement") and provided a title policy covering the Original Wetlands Easement. Developer shall further agree not to apply for Council approval of the final map containing the 232nd lot until Developer has recorded all necessary subordination agreements to subordinate any deeds of trust encumbering the property on which the Original Wetland Easement is located and provided a title policy insuring the priority of the Original Wetlands Easement." !11 T Resolution No. 17475 Page 2 WHEREAS, the original Condition 62 of the approved tentative map for Telegraph Canyon Estates required the developer to enter into an affordable housing agreement to, as a minimum, grant in fee to the City not less than three buildable acres in a location and of a character satisfactory to the City for the purpose of constructing housing for low and moderate income families; and, WHEREAS, Condition No. 62, as previously amended, requires the developer to enter into an Affordable Housing Agreement with the City to provide 34,4 affordable housing units of the Fifth Final Map; and, WHEREAS, since it is anticipated that the fifth final map will soon be presented to Council for approval and the developer and City staff have come to an understanding that the required affordable housing may be provided partly on-site and partly off-site, Staff recommends that Condition No. 62 be further amended to read as follows: "Developer agrees that, without permission of the Council, it will not apply for Council approval of a Final Map covering the 200th lot within the Property to be subdivided until City and Developer have entered into an affordable housing agreement in accordance with Condition No. 6 of the resolution approving the General Development Plan and SPA Plan for the Telegraph Canyon Estates project (Resolution No. 16960).''~ WHEREAS, Condition No. 68, as originally amended, requires the Developer to enter into an agreement with the City to cause, consent to, permit, apply for, and not oppose the planning or replanning and zoning or rezoning of an off-site parcel(s) as a Community Purpose Facilities (CPF) site prior to the recordation of the fourth Final Map; and, WHEREAS, the CPF site is expected to be provided in the first village of the Otay Ranch, and the Otay Ranch General Development Plan has been conditioned accordingly, however, the Otay Ranch property has not yet been annexed and therefore the developer is unable to comply with the condition at this time; and, WHEREAS, the amended condition would require the developer to further reserve and later replan an appropriate CPF site within the project if an off-site parcel cannot be guaranteed prior to the approval of the final map containing the 301 st lot of the subdivision; and, WHEREAS, Council desires Condition 68 be amended as follows: Developer agrees that it shall, concurrently with the execution of this Agreement, record a covenant ("Covenant") against a parcel ("CPF Parcel") legally described as shown on Exhibit A, entitled "Legal Description, C.P.F. Site", (consistently of approximately 1.51 acres located within the area of the Property, and legally mapped as shown on the Exhibit B attached hereto and incorporated herein, that such parcel shall be restricted for the use as a Community Purpose Facilities site. In the event that Developer applies to the Council for approval of a Final Map covering the 301st lot to ~Amended on Council floor, May 3, 1994, to read as set forth herein. Resolution No. 17475 Page 3 be subdivided within the Property and Developer has not (re)planned and (re)zoned as a Community Purpose Facilities Site 1.5 acres of property within the territory of the city satisfactory to the City, the City can, at City's option, either amend the SPA Plan and rezone the Property themselves or require Developer to submit an amendment to the SPA Plan and amend the zoning map and/or zoning regulations to specify the necessary zoning for such a Community Purpose Facilities site within the boundaries of the Property covered by the Covenant; provided, however, in the event Developer does plan and zone a Community Purpose Facilities site on an off-site parcel within the City of sufficient size, in a sufficient location and to the satisfaction of the City which is owned by Developer, then the Covenant shall be terminated and of no further force or effect and City shall execute any and all necessary documents to provide for such termination. -2 NOW, THEREFOREM BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend certain conditions of Resolution No. 16960 aproving the Tentative Subdivision Map for Chula Vista Tract 93-03, Telegraph Canyon Estates as set forth hereinabove. Presented by ~Li~,pit~~ Director of Public Works 2Amended on Council floor at May 3, 1994 meeting. ill T Resolution No. 17475 Page 4 EXHIBIT A LEGAL DESCRIPTION C.P.F. THAT PORTION OF THE SOLrrHV~ST QUARll:A OF ~CTION 34, TOWNSHIP 17 SOUTH, RANGE i WEST, SAN B~ARDINO BASE AND MF_RIDIAN. IN ~ CITY OF CHULA VISTA, COUNTY OF SAN DI~CsO, STATE OF CALIFORNIA, DESCRIBED A~'I~i.~OWS: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 19, CHULA VISTA TRACT NO. 93-03, TI~ wGRAPH CANYON ESTATES NF..IGH~ORHOOD 3 UNIT NO. !, IN THE CITY OF CHULA VISTA, COUNTY OF SAN Dn:C,O, STATE OF CAL1FORNIK A~INGTOMAP'I~-n:REOFNO. 130'Y0, Fd..ED IN ~ OFFICE OF THE SAN DIEGO COUNTY RECOI~DER ON NOV]~MBER 22, 1993; THENCE ALONG TH]SNORTHEP, LY LINE OF SA1D LOT 19ANDLOTS 18, 17, 16AND 15 OF SAIT) MAP NO. 13070THE FOLLO~/ING THRE~ CO~ES, SOUTH 62° 04' 00" WEST, 43.35 FEET; THENCE SOUTH 78· 42' 05' WEST, 65.24 FEET; THENCE NORTH 86° 0,~' 00' WEST, 112.39 r]:J~ 1; THENCE LEAVING SAID NORTHER,LY LIKE, NORTH 13° 38' 00' WEST, 135.95 FEET; THENCE NORTH 02° 3r 00' EAST, 121.80 FEET; THI:NCE NORTH 82° 40' 00' EAST, 128.71 FEET; THENCE SOUTH 85° 27' 44" EAST, ~6.00 FEET TO A POl~rr ON A NON-TANGENT 428.00 FOOT RADIUS CURVE CONCAVE WESTERLY, W1TH A BEARING FROM TH~ RADIUS TO SAU) POINT OF SOLrIB 85· 2r 44' EAST; THENCE SOU'II!F_R~Y A~ONG THE A,Q,C OF SAID CLTRVE THP, OUGH A CENTRAL ANGLE OF 01° 14' 44', A DISTANCE OF 9.30 FEET; THENCE SOUTH 05° 47' 00" WEST, 18.16 FEET TO ~ BEGINNING OF A TANGENT 90.00 FOOT RADIUS CURVE CONCAVE EASTERLY; TltENCE SOUTHZRLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF ]7° 48' 30', A DISTANCE OF 27.97 FF_ET; I'HI:NCE SOUTH 12° or 30* EAST, 15.56 FEET; THENCE NORTH 87° 53' 00' EAST, 107.37 FEET; THENCE SOUTH 01° 24' 00' EAST, 80.34 FEL=T; THENCE SOUTH 13° 56' 27" WEST, 37.93 FEET; TH]-~NCE SOUTH 38° 07' 00' WEST, 72.25 FEET TO THE POfNT OF BEGrNNING. !1 IF Resolution No. 17475 Page 5 LEGAL DESCRIPTION PLAT C.P.F. SITE 1~41. IW Y4, IIC. 14. T. fl~ I. I. i W. C.P.F. SITE l.Sl ACRES N ~3'56'::'7'E~/ ? 3 . 93' Resolution No, 17475 Page 6 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 3rd day of May, 1994, by the following vote: AYES: Councilmembers: Horton, Malcolm, Moore, Nader, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Beverly'~. Authelet, 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. 17475 was duly passed, approved, and adopted by the City Council held on the 3rd day of May, 1994. Executed this 3rd day of May, 1994.