HomeMy WebLinkAboutReso 1990-15764 RESOLUTION NO. 15764
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING TENTATIVE RESIDENTIAL SUBDIVISION MAP FOR
RANCHO DEL REY PHASE 5, UNIT 1, LOT 77, CHULA VISTA TRACT
90-14 LOCATED ON THE NORTH SIDE OF RANCHO OEL REY PARKWAY
AT PASEO RANCHERO
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, the proposed subdivision is located in the eastern portion of
the City of Chula Vista, east of 1-805 and is bounded on the north by the
north leg of Rice Canyon, on the south and east by Rancho del Rey Parkway and
on the west by the elementary school site within SPA I; and
WHEREAS, the City has previously adopted EIR 87-1 covering the Rancho del
Rey SPA I area, including the area to be subdivided and based on the previous
EIR 897-1 and the approval of SPA I, this site has already been graded and
that grading would accommodate this proposed development; and
WHEREAS, on July 11, 1990, the Chula Vista Planning Commission held a
public hearing and unanimously recommended approval of the Tentative Map,
except for Engineering Condition No. 20.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Tentative Subdivision Map for Rancho del Rey
Phase 5, Unit 1, Lot 77, Chula Vista Tract 90-14 based on the following
findings:
A. Pursuant to Section 66473.5 of the Subdivision Map Act, tentative
subdivision map for Rancho del Rey Phase 5 Unit 1 Lot 77, Tract
90-14 is found to be consistent with the Chula Vista General Plan
as adopted by the Chula Vista City Council based on the following
findings:
1. Land Use Element
The E1 Rancho del Rey Specific Plan designates this area for
planned concept residential development at 4 to 6 dwelling
units per acre. The unit totals, the type of housing, and
the open space system are consistent with the E1 Rancho del
Rey Specific Plan and, therefore, consistent with the Chula
Vista General Plan.
2. Circulation Element
All of the on-site and off-site public streets required to
serve the subdivision are consistent with the circulation
element of the Chula Vista General Plan and the circulation
Resolution No. 15764
Page 2
proposed within the E1 Rancho del Rey Specific Plan. Those
facilities will be constructed in accordance with the Public
Facilities Financing Plan.
3. Housing Element
A low and moderate income housing program with an established
goal of 5% low and 5% moderate is being implemented subject
to the approval of the City's housing coordinator.
Computation of the satisfaction of this condition will
include the entire E1 Rancho del Rey Specific Plan Area. The
proposed project, while decreasing the total number of units,
remains consistent with the density designated in the
Specific Plan.
4. Parks and Recreation Element
The subdivision will result in fewer units than that proposed
with the original concept of 154 duplex units. Also, the SPA
I plan dedicated additional parkland beyond the minimum
required per the Parkland Dedication Ordinance.
5. Public Facilities Element
This project is obligated in the conditions of approval to
provide all on-site and off-site facilities necessary to
serve this project. Other regional public facilities were
included with the overall SPA I approval.
6. Open Space and Conservation Element
The proposed subdivision is in conformance with the goals and
policies of this element. The open space lots adjacent to
Rancho del Rey Parkway and in Rice Canyon will become part of
the Rancho del Rey Open Space Maintenance District # 10.
7. Safety Element
As discussed in the previous SPA I approvals, the project
site is considered a seismically active area, although there
are no known active faults on or adjacent to the property.
Fire protection facilities and services needed to serve the
project have been reviewed by the Fire Department.
8. Noise Element
Noise mitigation measures included in the SPA I environmental
Impact Report adequately address the noise policy of the
General Plan. Subsequent to construction of noise barriers
required in SPA I, interior noise levels of 45 dBA are not
expected to be exceeded. Outside private areas are not
expected to exceed a 65 dBA noise level.
Resolution No. 15764
Page 3
BE IT FURTHER RESOLVED that said tentative map is subject to the
following conditions:
Engineering Department Conditions
1. The owner shall be responsible for the construction of public
improvements of all streets shown on the Tentative Map within the
subdivision. Public improvements required shall include, but not
be limited to: A.C. pavement and base, concrete curb, gutter and
sidewalk, driveway approaches, street lights, traffic signs, street
trees, fire hydrants, sanitary sewers, water and drainage
facilities.
2. A minimum of one on-street parking space (20 feet) shall be
provided along the frontage of each residential lot. However, in
cases where the minimum on-street parking space requirement cannot
be met, credit shall be given for surplus on-street parking in
front of nearby lots upon approval of the City Engineer. With
approval of the City Engineer, residential lots which provide three
or more off-street parking spaces shall be exempt.
3. Minimum 50 foot tangent length is required on all cul- de-sacs
including Seville Court. Guard rails shall be constructed on
cul-de-sacs that are located adjacent to slopes as required by the
City Engineer.
4. All grading and improvements shall be done in conformance with the
Rancho del Rey Design Guidelines.
5. All streets shown on the Tentative Map within the subdivision shall
be dedicated for public use. Design of the said streets shall meet
all City standards for public streets.
6. Avenida Bisquay shall be designed to conform with City Standards
for Class III Collector Street. A vehicle turnout lane 10 feet
wide shall be provided from Rancho del Rey Parkway to Avenida de la
Barca, along the school site frontage unless the School District
determines that the student drop-off/pick-up point will not be
located on Avenida Bisquay.
7. Grading plans shall be submitted and approved by the City Engineer
prior to approval of the Final Map. An erosion and sedimentation
control plan shall be required as part of the grading plans.
In the event that any fault zones are found during grading of the
site, a field investigation shall be required (by a registered
geologist) and any subsequent recommendations incorporated into the
project design.
8. Slope rounding shall be in accordance with Chula Vista Design
Standards. Theoretical hinge point of slopes in relationship to
property lines shall be in accordance with said design standard 26
and 27 or as approved by the City Engineer.
Resolution No. 15764
Page 4
9. Graded access shall be provided to all storm drain structures
including inlet and outlet structures as required by the City
Engineer.
lO. The owner shall enter into an agreement with the City wherein he
holds the City harmless from any liability for erosion, siltation,
or increased flow of drainage resulting from this project.
11. The developer shall permit all franchised cable television
companies ('Cable Company") equal opportunity to place conduit to
and provide cable television service for each lot within the
subdivision. The developer shall enter into an agreement with all
participating Cable Companies which shall provide, in part, that
upon receiving written notice from the City that said Cable Company
is in violation of the terms and conditions of the franchise
granted to said Cable Company, or any other terms and conditions
regulating Cable Company in the City of Chula Vista, as same may
from time to time be amended, Developer shall suspend Cable
Company's access to said conduit until City otherwise notifies
Developer. Said agreement shall be approved by the City Attorney
prior to final map approval.
12. The developer shall comply with all relevant Federal, State and
local regulations, including the Clean Water Act. The developer
shall be responsible for providing all required testing and
documentation to demonstrate said compliance as required by the
City Engineer.
13. The developer shall grant to the City street tree planting and
maintenance easements along all public streets within the
Subdivision as required by the City Engineer.
14. The subject property is within the boundaries of Assessment
District 87-1 (East "H" Street Assessment District). The developer
shall agree to not protest formation of the Assessment District
87-1 and to not protest inclusion of the subject property in said
District. The developer shall be responsible for all costs
associated with reapportionment of assessments as a result of the
subdivision of lands within the project boundary.
15. The developer shall be responsible for repayment of construction
costs for the Rice Canyon Sewer in accordance with Resolution 11574
until such time as repayment in accordance with said resolution is
completed.
16. The developer shall submit a study to the City indicating that the
downstream sewer systems are adequate for the project generated
flows. Said study shall include actual flows plus Rancho del Rey
SPA I and SPA II projected flows. Subject study shall be reviewed
and approved by the City prior to Final Map Approval.
Resolution No. 15764
Page 5
17. On the condition that the City shall promptly notify the subdivider
of any claim, action or proceeding and on the further condition
that the City fully cooperates in the defense, the
subdivider/applicant shall defend, indemnify, and hold harmless the
City, or its agents, officers or employees, to attack, set aside,
void or annul any approval by the City, including approval by the
Planning Commission, City Council, or any approval by agents,
officers, or employees with regard to this subdivision.
18. Minimum lot frontages shall be 35 feet unless otherwise approved by
the City Engineer.
19. Off-site cumulative transportation impacts shall be mitigated to
insignificant levels by adhering to the current East Chula Vista
Transportation Phasing Plan or any future updates thereto.
20. The developer shall enter into an agreement whereby the developer
agrees that the City may withhold building permits for any units in
the subject subdivision if traffic on Otay Lakes Road or East "H"
Street exceeds the levels of service identified in the City's
adopted thresholds. This condition shall operate independently of
Condition Nos. 44 and 46.
Code Requirements
21. All utilities within the subdivision shall be underground in
accordance with Municipal Code requirements.
22. The owner shall pay traffic signal participation fees prior to the
issuance of building permits.
23. The owner shall pay sewer connection fees prior to the issuance of
building permits.
24. The owner shall pay development impact fees prior to the issuance
of building permits.
25. The owner shall 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 Ordinances and
Subdivision Manual.
Planning Department Conditions
26. Copies of the proposed CC&Rs for this subdivision shall be on file
with the City.
27. PAD Fees shall be waived or modified as provided in the adopted
Public Facilities Financing Plan for Rancho del Rey. RCT fees and
DIF fees shall be paid in accordance with the applicable
regulations. PAD Fees shall be guaranteed until such time as the
City waives said fees.
Resolution No. 15764
Page 6
28. A low and moderate income housing program, with an estimated
established goal of 5% low and 5% moderate, shall be implemented
subject to the satisfaction of City's Housing Coordinator. The
entire E1 Rancho del Rey Specific Plan Area shall be considered
when determining satisfaction with this condition.
29. Development of all parcels shall be in accordance with the Rancho
del Rey SPA I Plan, Public Facilities Plan and Financing Analysis,
Design Guidelines, and PC Development Regulations.
30. Frontage on all lots shall be a minimum of 35 feet at the
right-of-way line except as approved by the City Engineer. Corner
lots shall be a minimum of 60 feet in width. Lots less than 35
feet in width shall comply with the City's provision for on-site
parking per the R-E, Residential Estate, standards found in Chapter
19.22, Section 19.22.50 of the code.
31. The developer shall agree to include the subdivision in the
Mello-Roos public facilities district or an acceptable alternative
financing program subject to the approval of both the Chula Vista
Elementary and Sweetwater High School Districts.
32. Prior to final map approval, landscape and irrigation plans,
erosion control plans, and detailed water management guidelines for
all landscape irrigation including all open space lots,m shall be
approved by the City Landscape Architect and Director of Parks and
Recreation. The landscaping format within the project shall
utilize entirely native, drought resistant plant material and
utilize reclaimed water for any necessary irrigation.
33. The developer shall install street trees in accordance with the
Rancho del Rey SPA Street Tree Master Plan.
34. Maintenance of all facilities and improvements within an open space
area shall be the responsibility of the Rancho del Rey Open Space
Maintenance District #10. Lots A and B, including all walls, are
to be part of the Open Space District.
35. All open space lots adjacent to public rights-of-way shall maintain
a minimum width so as to provide 10 feet of landscaping treatment
behind the back of sidewalk.
36. Fencing detail shall be provided for all lots which back onto the
elementary school site, the canyon edge, Rancho del Rey Parkway and
at the cul-de-sac interface with the open space areas.
37. For walls which are located within the Open Space Maintenance
District, owners of adjoining lots shall sign a statement when
purchasing their homes that they are aware that the wall is on City
property and that they may not modify or supplement the wall or
encroach onto City property. These restrictions shall also be
reflected in the CC&Rs for each lot.
Resolution No. 15764
Page 7
38. As needed by the City, the developer shall provide access to open
space areas for maintenance and fire protection. Prior to final
map adoption, adequacy and placement of such access shall be
approved by the City Fire Marshal and Director of Parks and
Recreation.
39. Fire hydrants shall be provided as indicated and shall be
nstalled, tested and in service prior to any combustible
construction materials placed on-site.
40. Developer shall provide for clear visual and physical separations
wherever open space district areas interface with:
privately maintained areas
school district maintained areas
fire department maintained areas
parks division maintained areas
areas maintained by other public agencies
any and all other contiguous properties
41. The developer shall provide infrastructure within Rancho del Rey
Parkway to accommodate the use of' reclaimed water, when it is
available, from the appropriate district to use such reclaimed
water for parkway landscaping.
42. The developer shall construct all on-site piping necessary to serve
the subdivision, and connect to the existing water main in Rancho
del Rey Parkway.
43. Water service from the Otay Water District's existing and future
water system will be subject to the District's water allocation
program.
44. Prior to final map approval, the property owner shall enter into an
agreement with the City whereby:
a. The property owner agrees that the City may withhold building
permits for any units in the subject subdivision if any one
of the following occur:
1. Regional development threshold limits set by the East
Chula Vista Transportation Phasing Plan have been
reached.
2. Traffic volumes, level of service, public utilities
and/or services exceed the adopted City threshold
standards.
This condition shall operate independently of the operation of
Condition Nos. 20 and 46 or of any other conditions contained
herein.
Resolution No. 15764
Page 8
45. The following statement shall be placed on the Final Map:
"Please be advised that the City of Chula Vista intends to adopt a
Growth Management Element, Transportation Phasing Program, and
other related growth management implementation programs, which may
regulate the location and timing of development in the City. The
City intends that development of property included in the Final Map
will be subject to the provisions of these programs. Owners listed
on this map shall be responsible for providing notification to any
purchaser or successor in interest to any portion of this property
of the City's intent in this regard."
46. Prior to City Council approval of all Final Maps, compliance with
the City's adopted Threshold Policy must be demonstrated to the
satisfaction of the Director of Planning. This condition shall
operate independently of the operation of Condition Nos. 20 and 44
or of any other conditions contained herein.
Presented by /~a~to byk~
obert . eiter
Bruce M. Boogaard
· A
Director of Planning City ttorney
Resolution No. 15764
Page 9
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 7th day of August, 1990 by the following vote:
AYES: Councilmembers: Moore, Nader, Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: Malcolm, McCandliss
ABSTAIN: Councilmembers: None
ATTEST:
Beverly A. 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. 15764 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
California, at a regular meeting of said City Council held on the 7th day of
August, 1990.
Executed this 7th day of August, 1990.
Beverly A/xAuthelet, City Clerk