HomeMy WebLinkAboutReso 1992-16902 RESOLUTION NO. 16902
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE TENTATIVE SUBOIVISION MAP FOR
CHAMPIONSHIP CLASSICS I, CHULA VISTA TRACT 92-03, MAKING
THE NECESSARY FINDINGS, AND READOPTING THE STATEMENT OF
OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING
PROGRAM
WHEREAS, the property which is the subject matter of this resolution is
identified and described on Chula Vista Tract 92-03, and is commonly known as
CHAMPIONSHIP CLASSICS I ("Property"); and,
WHEREAS, the Parcel R-24/R-25 Limited Partnership filed a duly verified
application for the subdivision of the Property in the form of the tentative
subdivision map known as Championship Classics I, Chula Vista Tract 92-03, with
the Planning Department of the City of Chula Vista on June 23, lg92 ("Project");
and,
WHEREAS, said application requested the approval for the subdivision of
approximately 5.1 acres located at the southeast quadrant of EastLake Parkway and
Greensview Drive into sixteen {16) lots consisting of seven (7) residential lots
containing 46 single family condominium dwellings, one (1) recreational lot, two
{2) open space lots, and six (6) street/easement lots; and,
WHEREAS, the development of the Property has been the subject matter of a
General Plan Amendment, Pre-Zone, and General Development Plan ("GPA") previously
approved by the City Council on August 24, 1982 by Resolution No. 10996 {"GPA
Resolution") wherein the City Council, in the environmental evaluation of said
GPA, relied in part on the EastLake Final Environmental Impact Report No. 81-03,
SCH No. 80121007 ("Program EIR 81-03"), a program environmental impact report as
same is defined in CEQA Guideline Section 15168; and,
WHEREAS, the development of the Property has been the subject matter of a
General Development Plan II, Sectional Planning Area Plan and Tentative
Subdivision Map {"PCS-88-O3"){"SPA Plan") previously approved by the City Council
on July 18, 1989 by Resolution Nos. 15198-15200 ("SPA Plan Resolution") wherein
the City Council, in the environmental evaluation of said SPA Plan, relied in
part on the "EastLake Greens Sectional Planning Area (SPA) Plan and EastLake
Trails Pre-Zone and Annexation Final Supplemental Environmental Impact Report No.
86-04", SCH No. 86052803 ("FSEIR 86-04"); and,
WHEREAS, the development of the Property has been the subject matter of an
EastLake II General Development Plan Amendment, and SPA Plan Amendment ("Density
Transfer" PCM-g2-03) previously approved by the City Council on May lg,1992 by
Resolution Nos. 16628 and 16629 ("Density Transfer Resolution") wherein the City
Council, in the environmental evaluation of said Density Transfer, relied in part
on the Negative Declaration for IS-92-04, {"Neg. Dec."); and,
WHEREAS, this Project is a subsequent activity in the program of
Resolution No. 16902
Page 2
development environmentally evaluated under Program EIR 81-03, FSEIR 86-04 and
Negative Declaration that is virtually identical 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 it is in substantial conformance with
the GDP II, SPA Plan and Tentative Subdivision Map PCS-88-03 as modified by the
Density Transfer, therefore no new environmental documents are necessary; and,
WHEREAS, the Planning Commission held an advertised public hearing on said
project on October 19, 1992, 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,
WHEREAS, the City Council set the time and place for a hearing on said
tentative subdivision map application and notice of said hearing, together with
its purpose, was given by its publication 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 hearing was held at the time and place as advertised, namely
6:00 p.m., November 10, 1992, 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:
SECTION 1. 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 81-03, FSEIR 86-04, and the
Negative Declaration for IS-g2-04 would have no new effects that
were not examined in the preceding documents (Guideline 15168
SECTION 2. 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 Program EIR,the FSEIR and the Neg. Dec. which would
require revisions of said reports; (2) no substantial changes have
occurred with respect to the circumstances under which the project
is undertaken since the previous reports; (3) and no new information
of substantial importance to the project has become available since
the issuance and approval of the prior reports; and that therefore,
no new effects could occur and no new mitigation measures will be
required in addition to those already in existence and currently
made a condition for Project implementation. Therefore, the City
Council approves the Project as an activity that is within the scope
of the project covered by the Program EIR, FSEIR and the Neg. Dec.,
Resolution No. 16902
Page 3
and therefore, no new environmental documents are required
(Guideline 15168(c)(2)).
SECTION 3. Incorporation of All Feasible Mitigation Measures and Alternatives.
The City Council does hereby adopt and incorporate herein as condi-
tions for all approvals herein granted all mitigation measures and
alternatives, i f any, which it has determined, by the findings made
in the GPA Resolution, the SPA Resolution, and the Density Transfer
Resolution, to be feasible in the approval of the General
Development Plan, the SPA Plan, and the Density Transfer
respectively.
SECTION 4. 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 GPA Resolution, the SPA Plan
Resolution, and the Density Transfer Resolution, and the Program
EIR, FSEIR, and the Neg. Dec. adequately describe the activity for
the purposes of CEQA (Guideline 15168 (el).
SECTION 5. 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 CHAMPIONSHIP CLASSICS I, Chula Vista Tract No. 92-03, is in
conformance with all the various elements of the City's General
Plan, the EastLake Greens General Development Plan and Sectional
Planning Area Plan based on the following:
a. Land Use - Based on the provisions of the General Plan pertaining
to the transfer (Section 6.2) and clustering (Section 6.3) of
residential units within EastLake Greens, the SPA Plan, as
amended pursuant to PCM-92-03, was deemed to be consistent with
the General Plan. Said amendments allowed for a yield of 10
dwelling units per acre on the project site. However, when
computed for the whole of EastLake Greens, the density meets
General Plan requirements of low-medium density (3-6 du/ac) per
General Plan requirements.
b. Circulation - The project has a circular private street system.
These streets meet minimum City requirements for such streets.
The project will not adversely effect the Circulation Element in
that the adjoining street system was designed to handle the
anticipated flow of traffic resulting from this and other area
projects.
Resolution No. 16902
Page 4
c. Housing - The type of housing being proposed is detached single-
family condominiums. This project meets the goals, objectives
and policies of the Housing Element in that Goals 1 and 4,
Objectives 1 and 3 and Policies 2, 6, 7 and 8 are implemented by
this project.
d. Conservation - The adoption of EIR-81-03, EIR-86-04 and the
Negative Declaration for IS-92-04 satisfy the goals and ~olicies
of the Conservation Element of the General Plan in that
mitigation measures listed in the forgoing documents are
applicable to this project.
e. Park and Recreation, Open Space - The recreational lot in this
project meets the mini park criteria of Section 4.4 of the Parks
and Recreation Element and therefore implements this General Plan
Element.
f. Seismic Safety There are no known active faults within the
vicinity. The closest potentially active fault is located
approximately two miles to the west of the site.
g. Safety - The project meets the threshold standards of the Growth
Management Plan. A temporary fire station will be constructed at
the northeast corner of Otay Lakes (Telegraph Canyon) Road and
Lane Avenue at a distance of approximately three-quarters of a
mile.
h. Noise - A noise attenuation wall is required along the all street
boundaries of the open space lot separating the residential
buildings from the EastLake Parkway corridor, North Greensview
Drive and Greensgate Drive. This wall must meet minimum City
standards for noise attenuation.
i. Scenic Highway - Eastlake Parkway is designated a Scenic Highway
in Section 8.1 of the Land Use Element. An enhanced landscape
plan showing treatment appropriate for such a highway is required
as part of the conditions of approval. In addition, the project
meets the requirements of Section 8.2 of the Housing Element
pertaining to implementation design review of projects adjacent
to scenic highways. (The design review of this project was
accomplished under DRC-93-01.)
j. Bicycle Routes - When the street system in EastLake Greens was
originally constructed, Eastlake Parkway had bicycle lanes
included and thus met the requirements of the Circulation Element
pertaining to the bicycle plan.
k. 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.
Resolution No. 16902
Page 5
SECTION 6. 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.
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 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 7. Conditional Approval of Tentative Subdivision Map.
The City Council does hereby approve, subject to the following
conditions, the tentative subdivision map for CHAMPIONSHIP CLASSICS
I, Chula Vista Tract 92-03. 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/Preliminary.
1. Satisfy all mitigation measures required before Final Map
approval by Final Supplemental Environmental Impact Report for
EastLake Greens (FSEIR) 86-04 and Neg. Dec. for IS-92-04,
which mitigation measures 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 FSEIR and Neg. Dec.. Modification of the sequence of
mitigation shall be at the discretion of the Director of
Planning should changes in circumstances warrant such
revision.
Resolution No. 16902
Page 6
2. Unless otherwise conditioned, comply with, remain in
compliance with, and implement, the terms, conditions and
provisions of the EastLake II General Development Plan,
EastLake Greens Sectional Planning Area Plan, EastLake Greens
Planned Community District Regulations, the EastLake
Development Agreement, the Water Conservation Plan and Air
Quality Improvement Plan for EastLake Greens, the Regional Air
Quality Plan, Design Guidelines 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 the 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 the Final
Map, the developer shall continue to comply with, remain in
compliance with, and implement such Plans. Developer shall
agree to waive any claim that the adoption of a final Water
Conservation Plan or Air Quality Improvement Plan constitutes
an improper subsequent imposition of the condition.
3. Pay fees applicable to the project, in accordance with the
City Code and Council Policy, including but not limited to:
a, The Public Facilities Development Impact Fees
b, The Eastern Chula Vista Transportation Development Impact
Fees (DIF). A portion of the Transportation DIF is funded
through Assessment District 90-3. The balance due to
increased density is payable.
c. Signal Participation Fees
d. All applicable sewer fees, including but not limited to
sewer connection fees.
Pay the amount of said 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.
CC & R's.
4. File with the City of Chula Vista a copy of the Declaration of
Covenants, Conditions and Restrictions (CC&R's) applicable to
the subject property. The CC&R's shall include, among others,
provisions for the:
a. Formation of a home owner's association (HOA).
Resolution No. 16902
Page 7
b. HOA responsibilities to maintain all private driveways,
common areas and drainage systems.
c. Prohibition of television antennas, garage conversions,
parking outside of designated areas, parking of
recreational vehicles and boat trailers.
d. Inclusion of the City of Chula Vista named as a party to
said Declaration authorizing the City to enforce the terms
and conditions of the Declaration in the same manner as any
owner within the subdivision.
Open Space.
5. Construct a noise attenuation wall along the length of the
projects' frontage with Eastlake Parkway, North Greensview
Drive and Greensgate Drive, as required per EIR-86-04. Said
noise attenuation wall shall be located within the open space
lot. The design and location of said noise attenuation wall
is subject to review and approval of the Director of Planning.
6. Include any open space lot in the EastLake II Community
Association maintenance responsibility area.
7. Make an offer of dedication in fee to the City of all open
space lots for potential incorporation into EastLake
Maintenance District No. 1.
8. Submit plans showing the design and location of a project
identification sign to the Director of Planning for review and
approval. The identification sign shall contain the name of
the complex and a location map, shall be internally lit and
not exceed the maximum dimensions as authorized in Chapter
19.60 of the Municipal Code. The sign shall be placed
prominently at the entrance. The design and materials shall
be complementary to and compatible with the approved
architectural design of the project.
9. Submit a phasing plan to the Planning Department prior to
first final map approval. Said phasing plan is subject to
approval by the City Engineer and the Director of Planning.
The phasing plan shall consist of:
a. A site plan showing on it the lot lines and numbers, the
phase lines and numbers, number of dwelling units in each
phase, number of covered and open parking spaces in each
phase, and public and private improvements to be installed
for each phase. The site plan for each phase shall show
parking and other improvements in sufficient numbers to
serve that phase. The recreation lot shall be included in
and constructed with the first phase.
Resolution No. 16902
Page 8
b. A table showing the phase number, the lots included in the
phase, the number of units in each phase, the number of
open and covered parking spaces in each phase, the
cumulative parking and the required parking for each phase.
10. Submit a comprehensive landscape plan for review and approval
of the City Landscape Architect prior to approval of the first
Final Map. Submit comprehensive, detailed landscape and
irrigation plans, erosion control plans and detailed water
management guidelines for all landscape irrigation in
accordance with the Chula Vista Landscape Manual for the
associated landscaping in each Final Map. The landscaping
format within the project shall be in substantial conformance
with Section 6.4 {General Landscape Concept) of the EastLake
Greens SPA.
Streets.
11. Design and construct all streets to meet the City standards
for private streets, or as approved by the City Engineer.
Submit improvement plans for prior approval by the City
Engineer detailing the horizontal and vertical alignment of
the center line of said streets.
12. 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 South Greensview
Drive. Decorative paving shall be located entirely within
private property.
13. Design and construct an entrance to the proposed development
which is a minimum 73 ft. wide, curb-to-curb, to the
satisfaction of the City Engineer.
Water and Sewers.
14. Guarantee and construct public sewers as shown on the
tentative map.
15. Grant on the final map access and maintenance easements for
all sewer facilities.
16. As successor in interest to EastLake, comply with the
Telegraph Canyon Basin Sewer Monitoring and Gravity Basin
Usage Agreement approved by Resolution 15449, and pay
applicable basin fees as may be adopted by City Council as
provided in said agreement.
17. Loop the water system out of the project site to EastLake
Parkway or Greensgate Drive as required by the Otay Water
Resolution No. 16902
Page 9
District in their letter of August 13, 1992, or as otherwise
directed by Otay Water District.
Gradinq and Drainaqe.
18. Submit an erosion and sedimentation control plan as part of
any grading plans.
Aqreements. Enter into {a) supplemental subdivision agreement{s)
to:
19. Hold the City harmless from any liability for erosion,
siltation, or increased flow of drainage resulting from this
project.
20. Permit all franchised cable television companies ("Cable
Company") equal opportunity to place conduit and provide cable
television service to each lot within the subdivision.
However, developer shall 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.
21. 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; on the condition that the City promptly
notify the subdivider of any claim, action or proceeding; and
on the further condition that the City fully cooperates in the
defense.
22. Authorize the City to withhold building permits for any
unit(s} 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.
23. Not oppose formation of a zone within EastLake Maintenance
District No. 1 (or a new district) for the Telegraph Canyon
Flood Control Channel.
Resolution No. 16902
Page 10
24. 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 Funds, and that
these additional fees are reflected in the purchase price of
the home. The form shall be approved by the City Engineer.
Miscellaneous.
25. Pay additional fees on a fair-share basis into the Assessment
District Numbers 85-2 and 90-3 Funds due to the additional
units approved subsequent to District formation.
26. Pay all costs associated with reapportionment of assessments
for Assessment District Numbers 85-2 and 90-3 as a result of
subdivision of lands within the project boundary. Request
reapportionment and provide a deposit to the Ci'ty estimated at
$40/unit/district to cover costs prior to approval of a final
map for any unit.
27. Tie the boundary of the subdivision to the California
Coordinate System - Zone VI (NAD 1983) or as determined by the
City Engineer.
28. Comply with all relevant Federal, State and local regulations,
including the Clean Water Act the National Pollutant Discharge
Elimination System (NPDES). The developer shall be
responsible for providing documentation to demonstrate said
compliance as required by the City Engineer.
29. Provide the City with the Final Map in a digital format such
as (DXF) graphic file. This Computer Aided Design (CAD) copy
of the Final Map shall be based on accurate coordinate
geometry calculations and shall be submitted in duplicate on
5-1/2" HD floppy disk prior to Final Map approval.
City Code Requirements.
30. 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.
31. Underground all utilities within the subdivision in accordance
with Municipal Code requirements.
32. Pay the Telegraph Canyon Drainage Basin Development Impact Fee
Irior to approval of the final map. Currently the amount is
20,108 (5.127 gross acres x $3,922/AC) but is subject to
change based on the fee schedule effective at the time of
payment.
Resolution No. 16902
Page 11
33. Provide some lots with residential fire sprinkler systems due
to access requirements as determined by the Fi re Marshal.
34. Comply with California Code of Regulations, Title 24 and any
other energy conservation ordinances and policies in effect at
the time construction occurs on the property.
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 8. CEQA Findings.
The City Council hereby finds that the Project, as a later activity
to that evaluated in the Program EIR 81-03, FSEIR 86-04, and the
Negative Declaration for IS-92-04 would have no new effects that
were not examined in the preceding documents {Guideline 15168
a. Re-adoption of Findings - 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 as found
in the Program EIR 81-03, FSEIR 86-04, and the Negative
Declaration for IS-g2-04.
b. Feasibility of Alternatives - As is also noted in the
environmental documents referenced in the immediately preceding
paragraph, alternatives to the Project which were identified as
potentially feasible are hereby found not to be feasible.
c. Adoption of Mitigation Monitoring Program - As required by the
Public Resources Code Section 21081.6, City Council hereby re-
adopts the Mitigation Monitoring and Reporting Program
{"Program"} incorporated herein by reference as if set forth in
full. The City Council finds that the Program is designed to
ensure that during the project implementation and operation, the
Applicant and other responsible parties implement the project
components and comply with the feasible mitigation measures
identified in the Findings and in the Program.
d. Statement of Overriding Considerations Even after the re-
adoption of all feasible mitigation measures, certain significant
or potentially significant environmental affects caused by the
project or 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
Resolution No. 16902
Page 12
identifying the specific economic, social, and other
considerations that render the unavoidable significant adverse
environmental effects still significant but acceptable.
SECTION 9. Notice of Determination.
City Council directs the Environmental Review Coordinator to post a
Notice of Determination and file the same with the County Clerk.
Presented by Appr as ~~orm~~
Robert A. Leiter
ogaard
Director of Planning City Attorney
Resolution No. 16902
Page 13
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 24th day of November, 1992, by the following vote:
YES: Councilmembers: Horton, Malcolm, Moore
NOES: Councilmembers: Nader
ABSENT: Councilmembers: Rindone
ABSTAIN: Councilmembers: None
David L. Malcolm
Mayor, Pro-Tempore
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. 16902 was duly passed, approved,
and adopted by the City Council held on the 24th day of November, 1992.
Executed this 24th day of November, 1992.
,/} i-~ ,,- /~
Beverly ~ Authelet, City Clerk