HomeMy WebLinkAboutAgenda Statement 1986/05/06 Item 4a,b,c COUNCIL AGENDA STATEMENT
Item 4
Meeting Date 5/6/86
ITEM TITLE: Public Hearing on the proposed condemnation of certain parcels
of land for right-of-way and easements for Otay Lakes Road and
other purposes
a) Resolution /a`��, Determining and declaring the necessity
of acquiring certain right-of-way for public street, easements
for drainage, sewer and slopes and authorizing the
commencement of condemnation proceedings to acquire said
right-of-way and easements
b) Resolution Approving agreement with EastLake
Development Company to cover the full costs of the acquisition
of right-of-way easements along Otay Lakes Road and Rancho
Janal Road and authorizing the Mayor to execute said agreement
Page 2, Item 4
Meeting Date 5/6/86
The developer is required to construct full improvements for one half of Otay
Lakes Road and all of the onsite streets to the subdivision boundary in
conjunction with Phase 1 . Construction of full improvements within the
subdivision boundary necessitates the construction of transitions to existing
roadways beyond the subdivision boundary. Additional Right of Way, slope and
drainage easements must be acquired to construct these transitions.
In addition, the developer must extend the sewer main from the end of the
existing system on Otay Lakes Road to serve the proposed subdivision. The
placement of this sewer line as proposed is necessary in order to accommodate
the ultimate alignment of Otay Lakes Road. Because of various obstructions,
such as existing water lines and a number of telephone poles, it would be
economically infeasible to place the sewer line in the existing roadway.
Acquisition of the sewer easement would enable City forces to maintain the
sewer prior to acquisition of Right of Way for Otay Lakes Road.
EastLake Development Company indicates that it has made several efforts to
negotiate purchase of the properties which include the subject Right of Way
and easements. As of the writing of this agenda item, EastLake Development
Company indicates that they have reached agreement with the property owner,
United Enterprises, Inc. In the event that deeds for the subject parcels are
submitted prior to this meeting, Council will be informed and asked to pass
substitute resolutions accepting the right-of-way and easements. EastLake
Development Company has requested that the City proceed with Condemnation
Proceedings to acquire the subject parcels in order for them to comply with
the conditions of approval as discussed above. Negotiations with United
Enterprises will continue in good faith, however, as a timing matter, the
hearing should be held in case the necessary right-of-way is not acquired in
time for the assessment district.
The public improvements which necessitate the acquisition of these parcels
were the subject of an environmental review in Supplemental EIR NO. 85-3.
This EIR was reviewed and certified by the City Council by Resolution No.
12045 adopted on November 2, 1985. Moreover, the EastLake public improvements
were examined, discussed and evaluated in the Sectional Planning Area EIR for
the project EIR NO. 81-4 was certified by the City Council on January 29,
1985, by Resolution NO. 11918.
In accordance with Section 15162 of State CEQA Guidelines, the project will
not result in any impacts beyond those contemplated and examined in the
above-mentioned EIR's, and thus, no further environmental review is required.
EastLake Development Company has executed an agreement wherein they agree to
pay the full cost of acquisition of the subject parcels.
Plats showing the proposed easements and right-of-way are attached.
FISCAL IMPACT: None
WPC 1958E
. •el I v
.r,illCiI of
Viet 2, C iicr-nia
Dated �6
EXHIBIT "A"
STREET DEDICATION AND DRAINAGE EASEMENTS
Those portions of the Southwest Quarter of Section 34, Township
17 South, Range 1 West, San Bernardino Meridian, in the County of
San Diego, State of California, according to United States
Government Survey approved April 17, 1883 , said portions more
particularly described as follows:
Parcel "A" (Public Right of Way)
Beginning at the Southwest corner of Parcel 2 of Parcel Map No.
13883 filed in the Office of the County Recorder of said County,
said point being on the City of Chula Vista, County of San Diego
boundary line; thence along said line North 00 °47'14" East 7.94
feet to the TRUE POINT OF BEGINNING, said point being on the arc
of a nontangent 4,933.00 foot radius curve concave Southeasterly,
a radial line to said point bears North 27°18'19" West; thence
leaving said boundary line Southwesterly along the arc of said
curve through a central angle of 04°07'30" a distance of 355.15
feet; thence tangent South 58°34'11" West 187.80 feet; thence
North 31°25'49" West 41.43 feet to a point on the Southerly Right
of Way line of Otay Lakes Road (R.S.558); thence along said Right
of Way North 58 ° 26 ' 58" East 207.38 feet to the beginning of a
tangent 3,030.00 foot radius curve concave Northwesterly; thence
Northeasterly along the arc of said curve through a central angle
of 07°18' 55" a distance of 386.86 feet to said City of Chula
Vista, County of San Diego boundary line; thence along said
boundary line South 00 °47'14" West 94.70 feet to the TRUE POINT
OF BEGINNING.
Parcel "B" (Drainage)
Beginning at the Southwest corner of Parcel 2 of Parcel Map No.
13883 filed in the Office of said County Recorder , said point
being on the City of Chula Vista, County of San Diego boundary
line; thence along said line North 00°47'14" East 7.94 feet to a
point on the arc of a nontangent 4,933.00 foot radius curve
concave Southeasterly; a radial line to said point bears North
27°18'19" West; thence leaving said boundary line Southwesterly
along the arc of said curve through a central angle of 01°22'42"
a distance of 118.67 feet to the TRUE POINT OF BEGINNING; thence
leaving the arc of said curve along a nontangent line South
41°00 '00" East 55.91 feet; thence South 49 ° 00'00" West 30.00
feet; thence North 41°00'00" West 62.36 feet to a point on said
4,933.00 foot radius curve concave Southeasterly; a radial line
to said point bears North 29°02'24" West; thence Northeasterly
along the arc of said curve through a central angle of 00°21'23"
a distance of 30.68 feet to the TRUE POINT OF BEGINNING.
Page 1 of 2
Parcel "C" (Drainage )
Beginning at the Southwest corner of Parcel 2 of Parcel Map No.
13883 filed in the Office of the County Recorder of said County,
said point being on the City of Chula Vista, County of San Diego
boundary line; thence along said line North 00 °47'14" East 7.94
feet, said point being on the arc of a nontangent 4 ,933.00 foot
radius curve concave Southeasterly, a radial line to said point
bears North 27°18'19" West; thence leaving said boundary line
Southwesterly along the arc of said curve through a central angle
of 04 °07'30 , a distance of 355.15 feet; thence tangent South
58 °34'11" West 187.80 feet; thence North 31°25'49" West 41.43
feet to a point on the Southerly Right of Way line of Otay Lakes
Road (R.S.558) ; thence along said Right of Way South 58°26'58"
West 207.42 feet to the TRUE POINT OF BEGINNING; thence leaving
said Right of Way South 46° 55'49" East 42.00 feet; thence South
43°04'11" West 30.00 feet; thence North 46°55'49" West 50.25 feet
to a point on said Southerly Right of Way; thence along said
Right of Way North 58°26'58" East 31.11 feet to the TRUE POINT OF
BEGINNING.
Parcel "D" (Drainage )
Beginning at the Southwest corner of Parcel 2 of Parcel Map No.
13883 filed in the Office of the County Recorder of said County,
said point being on the City of Chula Vista, County of San Diego
boundary line; thence along said line North 00°47'14" East 181.11
feet to a point on the arc of a nontangent 2,970.00 foot radius
curve concave Northwesterly, a radial line to said point bears
South 39°49'55" East, said point being on the Northerly Right of
Way line of Otay lakes Road (R.S.558) ; thence leaving said
boundary line along said Right of Way Southwesterly and along the
arc of said curve through a central angle of 08°16'53" an arc
distance of 429.28 feet; thence South 58°26'58" West 431.31 feet
to the TRUE POINT OF BEGINNING; thence continuing along said
Right of Way South 58°26'58" West 31.11 feet; thence leaving said
Right of Way North 46° 55'49" West 25.67 feet; thence North
43°04'11" East 30.00 feet; thence South 46°55'49" East 33.92 feet
to the TRUE POINT OF BEGINNING.
Page 2 of 2
Pr _ __________ ______
,,
,
,
i ■)
LI ,11,
-
; i ^
2 ... . :
-7.
's\
1 04 IR
.4,900/3 _ it,,.. 1
• _
i 1—
A'4 i Iii
'',1'3.
" \
v •-1;,, ,•,-,`:-,14,
• /
I42>.e/e.7
4,0 •-• ,
a 5;
.. _
a 2 v
1 e
t r.
-----, 4:il
l
4 -- _
t° -----____ aaaP:,-
i I
r!.:7gE• '1
4,4
.;
..)
--'..„....
$.
------._ ■ A \ b! -------_
--- a
I, ;:1".• ..A ----__ __. ...), ....
44
"---:r 1
-------'
-,T CO ri
• ,,„..1 \ , , 1 --________
0 ?
..!,1 vii
• •
1 n i
... A A
-,.t
is ,,,
7 51. t n
1 t 1
I- ,,
, -
..•,..;, .
■.,,, v:-, 7:-,,,
t r' ' az -P"••• 'A,1 1 af)
,/
i CZ1 p, z *,1
:, 111 in
t, \ .„.;
..-•
•_,
ra4
•cc
--r
■ ,,,,
;
•,
:
.
iii
tki
. `1..- ^-...-•• 'i'
-- ,
0 I -
Zitli ,
1.4. 414::4A Egli; !
4.4)
. D '1 2).':.
•
•
That portion of the Southwest Quarter of Section 34, Township 17
South, Range 1 West, San Bernardino Meridian, in the County of
San Diego, State of California, according to United States
Government Survey approved April 17, 1883, said portion more
particularly described as follows:
Beginning at the Southwest corner of said Section 34 as shown on
Southwestern College Estates Unit No. 7, Map No. 6990 on file in
the Office of the Recorder of said County; thence along the
Westerly line of said Southwest Quarter North 00°02'02" West
(North 00°01'27" East Record ) 38.22 feet to the TRUE POINT OF
BEGINNING; thence continuing along said Westerly line North
00°02'02" West 50.74 feet to a point on the arc of a nontangent
1,938.00 foot radius curve concave Northwesterly; a radial line
to said point bears South 09°58'13" East; thence leaving said
Westerly line Northeasterly along said curve through a central
angle of 21°27'36" an arc distance of 725.87 feet; thence North
58°34'11" East 1,106.95 feet; thence South 31°25'49" East 28.82
feet to a point in the Northwesterly Right of Way of Otay Lakes
Road , Road Survey 558 ( 60.00 feet in Width ) ; thence South
58°26'58" West along said Right of Way a distance of 1,376.00
feet to a point on the arc of a nontangent 1,988.00 foot radius
curve concave Northwesterly; a radial line to said point bears
South 23 °39'07" East; thence leaving said Right of Way of Otay
Lakes Road Southwesterly along said curve through a central angle
of 13 °56'02" an arc distance of 483.47 feet to the TRUE POINT OF
BEGINNING.
STREET DEDICATION AND DRAINAGE EASEMENTS
All those portions of the Southwest Quarter of Section 26 ,
Township 17 South, Range 1 West, San Bernardino Meridian in the
County of San Diego, State of California, according to the
Official Plat thereof, said portions more particularly described
as follows:
Parcel "A" (Street Dedication)
Beginning at the Northeast corner of Parcel 1 of Parcel Map No.
13697 on file in the Office of the Recorder of said County;
thence along the Northerly line of said Parcel 1 North 88°27'55"
West 576 . 59 feet to the TRUE POINT OF BEGINNING; thence
continuing along said Northerly line North 88°27'55" West 84.89
feet to a point hereinafter referred to as Point "A", said point
also being on the arc of a nontangent 1,542.00 foot radius curve
concave Southeasterly, a radial line to said point bears North
80°24'48" West; thence leaving said Northerly line Northeasterly
along said curve through a central angle of 10°31' 58" an arc
distance of 283.47 feet; thence tangent to said curve North
20°07'10" East 175.30 feet; thence South 69° 52'50" East 84.00
feet; thence South 20°07'10" West 175.30 feet to the beginning of
a tangent 1,458.00 foot radius curve concave Southeasterly;
thence Southwesterly along said curve through a central angle of
10°03'56" an arc distance of 256.14 feet to the TRUE POINT OF
BEGINNING.
Page 1 of 2
Parcel "B" (Drainage Easement)
Beginning at the TRUE POINT OF BEGINNING of Parcel "A" above,
being a point on the arc of a nontangent 1 , 458.00 foot radius
curve concave Southeasterly, a radial line to said point bears
North 79° 56'46" West; thence Northeasterly along said curve
through a central angle of 10 °03' 56" an arc distance of 256.14
feet; thence North 20°07'10" East 46.30 Feet; thence South
69°52' 50" East 25.00 Feet; thence South 11 °03'55" West 243.97
Feet; thence South 83°01'29" East 147.66 feet; thence South
01°32'05" West 30.00 feet to a point on the Northerly line of
said Parcel 1; thence along said Northerly line North 88°27'55"
West 205.00 feet to the Point of Beginning.
Parcel "C" (Drainage Easement)
Beginning at Point "A" as mentioned in Parcel "A" above, being a
point on the arc of a nontangent 1,542.00 foot radius curve
concave Southeasterly, a radial line to said point bears North
80°24'48" West; thence Northeasterly along said curve through a
central angle of 08°13'26" an arc distance of 221.33 Feet to* the
TRUE POINT OF BEGINNING; thence leaving said curve along a
nontangent line North 55°23 '19" West 44.77 Feet; thence North
34°36'41" East 10.00 Feet; thence South 55 °23° 19" East 41.79
Feet, to a point on a nontangent 1,542.00 Feet radius curve
concave Southeasterly, a radial line to said point bears North
71°48'07" West; thence Southwesterly along said curve through a
central angle of 00 °23'15" an arc distance of 10.43 Feet to the
TRUE POINT OF BEGINNING.
Page 2 of 2
) ;z
- ._.
, t
,
/
;11 N
911.2
IihE
I ' 'it lig;
itfil
I 7: lig°
•
1 .
I
i
. • . .
.7 • Cl
__
a 4 rti
a n
E i
.5,. ....;a
z < ' P • .t t. tzl Z >
t -x --74 6 S, t-* :-1 :,`, F3 •
! 1.
I 1 '
-
.. _ 0
-
-I
a r
1.; -4 -I • , rt-, . rr-t ,;' -9
' 1 -1 ■::' ;1 , it :".
k■ g
1 : 1! : t! v ‘ la '0 rtT''
. • ' k'',. :* -.'
-.1 P
co
: A.6 ,-.1 , It. r,1- ,t '' .
CHULA VISrA
„...---- —4/.577,'
-'"' ..”.'- :4 ---1-i ;
I .-.. 't, , _'''',..:7=7'...,..;••7 Art, ,)■,■•• '), Cirr OF %,.
couNfP OF SAN DIEGO
!,:,...:=„ -..,..;•4„.1.;:•,,,:....-;:::::-ff.-F---7.2-:••:,•-:.•:••}7.-:;:--:7i,----:-, ,-,.-: ,t.:',-,
x —,..-------f•:: :::-.:E-H--,.,,i ::'..i?p,..
■-1 [ . .7.-.. „--,• • i? -
,t„.„..-...:::,:-...--.„:,:•„:4 ..,.... J., i ,, I
:
,,„„.., ...._
.':
2
rri . 6 ,, v C) 4:, b,-:„.. r•::,-,' ' i'
cl I
td .
C."-'3---1 ■ :•.: -cri 0 ° 0
, -:: c::, ,• - ::'-: f Z o --:':"...7- ' . - 1 ;i ,. k 2 ,
! rt-.1._ tri .. ..-. E r 'I 1•1'..%..4, ..`1..' .,_..?,... ;,: ,7,? ■.1 0 ,
-° . 1'2, .1...., t 'rn 8 •-N P - 1:1;::::::=-.:.-1:;?,'-: •1 r;- z' ''' N ;,-, :
4.:-..z-....-„---;i .• :;4::' 1 1
:,:::„.--.-:•:-:-:--.-:•:.1-:.1,,'-: u- '
---4 i .?•::3 !... •.pi:ow E, ..._.........
■
-- 0 --:•:::::-:" .
p:...-__:::::•,,-..•
::::-: - -; ,■`'- .) -'-'-- to 0 g',
p.:,....---4-...:;.
i z . 5 FSF41
. "Z:1 . .:.7.- '''. re •
....4 --.. .....,... „._,.. -11-.4. gra
.' "1 , ■ 1,-(7. ..I. ( ..,■•.
I I
•. .-, .4.;. r• ,,
, ■ i .. . .
. „
: ,•,,,,,
rt...z.• -.
rn.4
qP
,
'fl..:;. •NN i 1ze,..
1,
1.. ;
iil!4R.IK
1 .
- f
• '8, -:
-- -1- — 1
mot' it i
')..,„ , ' 1 ( 1 / '
,' 1,d1 h(\\
\
M 1, ,r
,, , ,
: „,,,
,,,, IN 4,:.,-- ..,,
i - - ,
, liti, \ I
�'� � rlll
----�1 "J. ,,,A
? ll�r ,, . \ -t /' 111, / /':
r �V !f `lit
N v r' fq
r ��'
I. �A aR' q �V St -
p � ,/1 it , \ 7 :''''''.A,
r 7'; g ��� "C .� / fi � '‘1.-;744\ __/� ,-( -'%,.
114 r� 1, .t -1
f 1
f
[I
1 I�r ,- - " a V '0, � -� - ah r'
4,' fir:Ira,-...41:1___I'S.1 "A.AL:20-7,--7 2 2r, \,,,it.. . 1 —,_ _s_>:, ----,:,iiiiivr,-__
.,
; , ,, - uai , 111-/ /.____,,,I,;,,, .,/, / — 1,__,),,-,_.., . , ,
if
,u1 . 1,, , ,.‘ . ,.. , ,„,_ _______ A , ; 4 — ....--, ‘:, ,,,,
0, np;tilt ,y /ii",{ A .�►7z�" Ara[ ;r
V45
r �� � . / @
f o l
/
/
® ����� '�� i i��%�t, \ i�.'i �(it ,
' , nom,lig 1 1 ''',14'.-'`.---.. ,,,^--- ,-
i1.' it.;,'-`''1.1".1 ''.. \ N ---\\\ `-
PIa
EXHIBIT
RESOLUTION NO. //Q(o o 3-19-}is
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING TENTATIVE MAP FOR EASTLAKE I VILLAGE
AND BUSINESS CENTER - CHULA VISTA TRACT 84-7
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, the City of Chula Vista Planning Commission held a duly
advertised and noticed public hearing at 7:00 p.m. on February 27, 1985 to
consider Chula Vista Tract 84-7 proposed by the EastLake Development Company,
and
WHEREAS, the Planning Commission recommended approval of the
tentative subdivision map by a vote of 6-0, and
WHEREAS, the Planning Commission made the following findings:
Pursuant to Section 66473.5 of the Subdivision Map Act, the tentative
subdivision map for EastLake Village and business center, Chula Vista
Tentative Map Act 84-7, is found to be consistent with the EastLake General
Development Plan and Sectional Planning Area Plan adopted by the Chula Vista
City Council and the City's General Plan based on the following findings:
a) Land Use Element - the Specific Plan designates the area for
commercial/industrial use which includes over 400 dwelling
units, 7 acres of park land, and nearly 70 acres of open
space. The Plan specifies that the Village Center could
accommodate approximately 310,000 square feet of retail space.
b) Circulation Element - all of the on-site public roads will be
installed as shown on the adopted SPA Plan as well as various
off-site improvements Which involve the widening of Telegraph
Canyon Road,- the extension and widening of "H" Street, the
construction of a north-south road identified on the Plan as SR
125, as well as other minor off-site road connections.
c) Housing Element - the proposed project will provide for a
mixture of affordable and senior housing types within the
Village Center. 119 low income units will be required of this
subdivision.
-1-
1 � � 2
d) Parks and Recreation and Open Space Elements - the proposed
project will result in the retention of approximately 70 acres -
of natural open space and 7 acres of park land within the
industrial area. The amount of land and the locations comply
with the adopted Sectional Planning Area plan. The developer
is maintaining a. substantial area in natural open space in
coordination with the adjacent natural areas presently
established adjacent to the Eastlake Development.
In addition, other areas of manufactured slopes will be placed
in permanent open space belts and landscaped scenic routes to
provide buffer areas between the main traffic arteries and the
commercial/industrial development. A paleontologist will be
required to be on the site during the critical grading period
so that valuable specimens can be recovered and catalogued and
recorded.
e) Seismic Safety Element - the closest identified fault in the
area is the La Nacion Fault located over 2 miles to the west.
The Environmental Impact Report indicates that the Coronado
Banks Fault, which is most likely to affect the project site
with ground shaking, is located some 20 miles from the project
area. There are no inferred faults located within the subject
site. Specific mitigation relating to slope stability and
techniques dealing with fill slopes will be incorporated in the
grading of the project. All dwelling units within the project
will be required to be designed so as to not exceed the maximum
interior noise level of 45 dBA. Additionally, all exterior
private open space will be shielded by a combination of earth
berms, walls, or buildings. Subsequent noise studies will need
to be prepared when precise plans for specific developments are
submitted.
f) Scenic Highway Element - Manufactured slopes adjacent to "H"
Street have been designed to undulate and vary in steepness and
both "H" Street and Telegraph Canyon Road will have extensive
landscaping planned to soften and beautify their appearance.
In addition, a landscaped median is being provided and
decorative walls (or attention to building designs) will be
used in areas where development interfaces with "H" Street or
Telegraph Canyon Road. Building locations, design and signing
will all be controlled through the use of development standards
incoLrated in the PC Regulations to ensure compliance with
the Scenic Highway Element.
-2-
AA
g) Bicycle Routes - the proposed development will include bicycle
lanes on the major streets such as "H" Street as well as the
interconnects with the loop roads which will link up with
bicycle paths connecting the elementary school and various
parks within the development. "H" Street is identified in the
Bicycle Routes Element as a major bicycle link.
h) Public Building Elements - the applicant has identified and
offered for dedication and is obligated for construction or
financing of a fire station, dedication of a library site,
provision of an interim store front library in the Village
Center and construction of a park and ride facility. In
addition, the applicant is obligated to dedicate and construct
a high school site located off-site of this subdivision but
within the EastLake ownership located on the south side of
Telegraph Canyon Road.
WHEREAS, the City Council has considered the effect of this approval
of 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 as required by Sections 66412.3 of the Subdivision Map
Act, and
WHEREAS, the approval of the Planning Commission is subject to the
following conditions:
1. The developer shall be required to dedicate and/or construct
all public improvements and facilities, determined by the City
to be necessary to serve the EastLake Business Center and
Village Center area. Specific requirements shall be as
specified in each phase of development in conjunction with the
proposed recordation of final maps as follows: Ref. Public
Facilities Financing Plan.
Defined Improvements
Said improvements shall include but not be limited to: A.C.
pavement, base, curb, gutter, sidewalk, landscaped islands,
sewer and water utilities, drainage facilities, street lights,
signs, and street trees. Also, pavement markings and conduit,
pull boxes, signal standards with luminaires only mounted on
ultimate bases, and service points for future traffic signals
shall be provided.
-3-
On-Site Off-Site
A. Unit #1 Roads* #5 (Road A)
#6 (Road C)
#7 (Road D)
#8 (Road F)
#18 Telegraph Canyon Rd.
1/2 street section
Water #9 (Reservoir)
#10 (Pump Station/Main)
Sewer #11 (Trunk)
On-Site Off-Site
B. Unit #2 Roads* #19A (EastLake Pkwy) #40 (Telegraph
B street to Canyon Rd. -
Telegraph Canyon Rd. Otay Lakes Rd.
#21 (Road B) to Eastlake
#22 (Road C) Pkwy)
#23 (Road D)
#24 (Road E)
Parks #15 (Neighborhood Park)
C. Unit #3 Roads* #26 ("H" St. west No Number -Construct
to 125 Connection to
#27 (Road D) Proctor Valley Rd.
#28 (Road G) at "H" St.
#19b B to west side
Route 125
D. Unit #4 Public #29 (Fire Station) #45 (Telegraph
Areas #30 (Transit Center) Canyon Rd. -
#31 (Library Site) EastLake Pkwy to
#31A (Storefront Library) Road A)
#46 (SR 125) #46 (SR125 to #54
including the
construction of
any bridges.
2. All off-site facilities required to be constructed under the "Public
Financing Plan, " phasing plan and Development Agreement shall be
constructed as an obligation of this developer. The actual amount of
improvements shall be dependent upon: 1) location and extent of
-4-
growth of other developments; 2) improvements installed by other
developments; 3) results of an annual traffic study to determine
levels of service in the eastern sectors of Chula Vista.
Where construction of offsite facilities is required which are of
potential benefit to other properties, consistent with the Public
Facilities Financing Plan, the developer shall provide all necessary
funding for such work in anticipation of future reimbursement by
benefiting parties.
3. A qualified paleontological monitor shall be present at the
pregrading conference with the developer, grading contractor and the
Environmental Review Coordinator. The purpose of this meeting will
be to consult and coordinate the role of the paleontologist in the
grading of the site. A qualified paleontologist is an individual
with adequate knowledge and experience with fossilized remains likely
to be able to identify them in the field and is adequately
experienced to remove the resources for further study.
The paleontologist monitor shall be present during the grading of the
Sweetwater formation (TSW) on the site. The monitor shall have the
authority to temporarily direct, divert or halt grading to allow
recovery of fossil remains (primarily marine mammals) . At the
discretion of the monitor, recovery may include washing and picking
of soil samples for micro-vertebrate bone and teeth.
The developer shall authorize the deposit of any resources found on
the project site in an institution staffed by qualified
paleontologists, such as the Natural History of Museum (operated by
the San Diego Society of Natural History).
The developer should be aware of the random nature of fossil
occurrences and the possibility of a discovery of remains of such
scientific and/or educational importance which might warrant a long
term salvage operation.
4. Prior to the issuance of any grading permit or approval of any
grading plan which may impact any of the loci of archeological site
CA-SDi-7179 (loci A, C, D and E), the subdivider shall provide the
Environmental Review Coordinator a report prepared in compliance with
City standards demonstrating compliance with the mitigation measures
specified in Section 3.12.3 of EIR-84-1.
5. Prior to the issuance of grading permit (for any area) the applicant
shall submit and the City Engineer, the City's Landscape Architect,
and Environmental Review Coordinator shall approve appropriate
landscaping plans covering said area. The plans may include such
items as supplemental canyon tree planting, slope planting and trails
-5-
as depicted on the overall trails plan. Signs and fencing shall also
be included. Any clearing of brush shall be limited to the boundary
lines of grading shown on the approved grading plan.
6. The developer shall not be required to pay ROT or PAD fees based on
the subdivision plan approval obligating the developer to construct
approximately 24+ acres in parks with the adjacent residential area
as shown in the SPA plan. The improvements of said parks shall be
completed prior to or concurrent with each development phase, based
on the City s adopted park standards.
7. The developer shall be obligated to provide a minimum of 119 low
income units (80 percent or less of median income) within the
F,astLake Village Center area as approved by the City's Housing
Coordinator. The construction of said units shall occur prior to or
concurrent with construction of the retail commercial buildings with
the Village Center.
8. Prior to the issuance of residential building permits for the Village
area the applicant, working with the school districts, shall furnish
evidence to the satisfaction of the City that the school districts
are able to provide school service to the future residents of that
area.
9. The rear 25 feet of lots 55-58 which abut natural open space areas
will be evaluated as to the need for fire retardant plant materials.
Attempt will be made to place the material within the Open Space area
controlled by the Business Association. Final selection of materials
will be determined by the City's Landscape Architect.
10. The applicant shall file a copy of the CC&R s and the Master Property
Owners Association with the City. Said documents shall:
a. Stipulate all areas of open space maintenance required by the
Master Property Owners Association.
b. Require the owner of any lot and subsequent owners to maintain
all required landscaping/paving/fencing and buildings in
accordance with acceptable City standards. The City shall have
the right to enter onto any private lot and perform the required
maintenance and assess a charge to the individual homeowner.
11. Prior to the submittal of a final map, the applicant shall submit a
master list of street names to cover the entire EastLake development.
12. Decorative block walls or acceptable barriers up to 6 feet in height
shall be required in accordance with the master fencing plan for all
-6-
lots backing up to major or arterial road system. Lower walls shall
be allowed subject to final approval of landscaping plans for a given
area.
13. All above-ground utility installations proposed in the right-of-way
shall be identified on future site plans and placed outside of the
normal 5-foot-wide sidewalk path. Additional right-of-way or
appropriate easement will be required prior to approval of the site
plans.
14. An open space easement shall be provided over the natural and
manufactured slopes contained in those lots abutting common open
space areas. Said easement shall be granted to the Master Business
Association to limit future grading and control maintenance/
landscaping.
15. The developer shall dedicate and construct the necessary transit
center; fire station and interim library facilities plus dedication
of a 1-acre permanent library site as identified in the SPA Plan and
in accordance with the Public Facilities and Finance Plan and
Development Agreement. (Reference Condition #1)
16. Parking shall be prohibited along EastLake Parkway, "H" Street,
Telegraph Canyon Road or Route 125.
17. The location of fencing and buildings for Lot "A" shall be subject to
precise plan approval by the City Planning Department.
18. Construction of all building and the authorization of any land use
not contained within a building shall be subject to precise plan
approval and the Project Design Guidelines for the Village and
Business Center.
19. All buildings, walls, signs, and landscaping located within 50 feet
of the right-of-way along either side of Telegraph Canyon Road (Otay
Lakes Road as presently identified) shall adhere to the scenic
highway design criteria identified in the SPA Plan.
20. Approximately 46 commercial type fire hydrants will be required. The
required fire flow will be 5,000 GPM based upon 20 PSI regional
operating pressure in the street main.
21. The developer shall grant an open space easement to the City of Chula
Vista for all designated open space lots.
22. The 7 acre private park shown in Unit #2 shall be improved by the
time approximately 600,000 square feet of industrial buildings are
occupied within Units #1 and #2.
-7-
23. On all streets having superelevation or having non-standard cross
sections, positive measures to control sheet flow across the street
shall be provided to the satisfaction of the City Engineer.
24. Lot lines shall be located at the top of slopes.
25. The maximum grade at any intersection of two streets shall be 6%
within the intersection and for at least 50 feet past the curb lines
of each street.
26. The developer shall dedicate to the City the portion of Street "E"
north of Street "C" for street purposes.
27. The developer shall grant to the City a one foot control lot at the
ends of all the following streets: Street "B", Street "D", Street
"E", Street "C" and East "H" Street.
28. The developer shall grant to the City 10-foot wide sewer easements
for all public sewers outside of public right-of-way. Paved access
to all sewer manholes and pump stations shall be provided to the
satisfaction of the City Engineer.
29. The developer 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 occurring as a result of this project
other than that resulting from the negligent acts of the City
accomplished after completion and acceptance of any involved
facilities.
30. That the developer shall comply with the following mitigation
measures, as listed in the environmental review document for this
project prior to approval of any Final Subdivision Map:
a. Bus turnouts should be incorporated in the street designs for
major intersections and benches located subject to City approval.
b. The developer shall be responsible for the preparation of an
analysis to determine the need for funds to subsidize the
line-haul transit operations in EastLake I.
31. An erosion and sedimentation control program shall be prepared as
part of the grading plans.
32. The developer shall request the formation of an open space
maintenance district for the maintenance of the median areas prior to
the recordation of any map. All other open space and park area
maintenance shall be the responsibility of the property owners
association.
-8-
33. The architectural treatment of all protective fencing required by the
City Engineer where slope banks are located within 10 feet of the
public right-of-way shall be subject to the approval of City Planning
Director.
34. Specific methods of handling storm drainage are subject to detailed
approval by the City Engineer at the time of submission of
improvement and grading plans. Design shall be accomplished on the
basis of the requirements of the Subdivision Manual and the Grading
Ordinance (#1797 AS AMENDED) . Drainage easements for all onsite and
offsite facilities shall be provided as required by the City Engineer.
35. Lots shall be so graded as to drain to the street or an approved
improved drainage facility. Drainage shall not flow over slopes.
36. The developer shall be responsible for the installation of all
drainage facilities approved by the City Engineer to carry drainage
from the subdivision to existing adequate facilities.
37. All energy dissipators proposed shall be permanent devices such as
shown on Regional Standard Drawing D-41 or similar.
38. The developer shall grant/provide adequate drainage easements for all
offsite public drainage systems.
39. The magnitude and velocity of peak drainage flows leaving the
boundaries of this project shall be equal to or less than those under
existing conditions.
40. No diversion of flows between tributary areas shall be permitted in
this project.
41. The developer shall be responsible for the correction of any damage
resulting from any drainage, siltation or erosion problem or any
surface or subsurface discharge problem resulting from this project.
42. The developer shall grant/provide 10 foot sewer easements for all
offsite public sewers.
43. All sewer facilities shall be designed and constructed in accordance
with criteria expressed in the City's Subdivision Manual.
44. Sewers serving 10 or less equivalent dwelling units shall have a
minimum grade of 2%.
45. The developer shall provide adequate offsite sewer facilities (as
discussed in the EIR and EastLake Sewer Study) to carry the sewage
flow to existing adequate gravity sewer lines, including such a line
in Proctor Valley. The developer may request the formation of a
reimbursement district to finance the offsite costs.
-9-
46. The developer shall enter into an agreement with the City to
incorporate certain assurances relative to any proposed sewer pump
stations. Said agreement shall specify that the developer will be
responsible for the cost of:
a. Construction, maintenance, and operation of said proposed pump
station facilities.
b. Construction of all sewer relief facilities needed to be
provided if overload problems occur prior to the time the
facilities are scheduled for construction.
c. All damages might occur as a result of overloads created by this
project.
47. The developer shall extend sewer lines within the project to the
subdivision boundary as necessary for provision of service to
upstream properties.
48. All sewer lines shall be designed in accordance with City standards
to accommodate flows from the entire related upstream gravity basin.
49. Any sewage diverted between gravity basins by pumping shall be pumped
on a temporary basis only.
50. The developer shall enter into an agreement with the City of Chula
Vista agreeing to disconnect those sewage flows diverted from other
basins at such time that the City determines that the flows within
the system exceed the design flow for any downstream segment. The
agreement shall be secured by bonds or other security to the
satisfaction of the City Attorney, in a sufficient amount to provide
for completion of the sewers in the appropriate gravity drainage
basin.
51. All work within the public right-of-way shall be done in accordance
with the standard specifications for Public Works construction, the
San Diego Area Regional Standard Drawings and the Design and
Construction Standards of the City of Chula Vista except as modified
by these conditions.
52. Temporary turnarounds shall be provided at temporary stub ends of
streets to the satisfaction of the City Engineer and in accordance
with City policy.
53. No compound horizontal curves shall be incorporated in street designs.
-10-
•
54. The developer shall grant to the City, street tree planting and
maintenance easements along all public streets within the
subdivision. Said easements shall extend to a line typically 10 feet
from the back of sidewalk in all locations where street tree
easements are granted.
55. Street lights shall be provided to the satisfaction of the City
Engineer.
56. East "H" Street shall be designed for adequate sight distances using
a 60 mph design speed.
57. East "H" Street shall have a design speed for horizontal alignment of
50 mph.
58. The developer shall pay the cost of a study to be prepared by an
assessment engineer. This study shall determine the proportionate
responsibility for each development in the financial plan. EastLake
shall pay its fair share of costs, including the cost of said study
and if required to install improvements in excess of its fair share
may request reimbursement from future developers for such excess
consistent with the Public Facilities and Financing Plan.
59. The developer shall pay the cost of forming a maintenance district
for street lighting and landscaping to the satisfaction of the City
Engineer.
60. The developer shall provide for a future traffic signal interconnect
system to the satisfaction of the City Traffic Engineer.
61. Preliminary indications are that standard Traffic Signal
Participation fees under City Council policy will not be adequate to
cover the developer's fair share for those signal improvements needed
for the streets listed in the Public Facilities Plan. Therefore, the
developer shall pay his fair share as determined by the City Engineer.
62. The developer shall provide permanent traffic count stations on
Telegraph Canyon Road east of Route 125 and on Route 125 at locations
as determined by the City Engineer.
63. The developer shall dedicate to the City the street rights-of-way
within the subdivision as shown on the tentative map. (See Condition
#1 for proper sequencing.)
64. The retention/desilting basin shown on the tentative map may be
relocated to any approved location at some future time. However, the
provision of such facility as part of this project shall be
permanent, unless otherwise provided for to the satisfaction of the
City Engineer.
-11-
7 4 1I n
' c
65. A design study for the future vertical horizontal alignment of East
"H" Street between Street "G" and and an extension of Street "B"
shall be made prior to the approval of any Final Map for Unit 2. The
results of this study shall be considered by the property owners and
the City Engineer prior to the approval of any improvement plan for
Unit 3.
66. Roadway improvements referred to in these conditions shall include
but not be limited to: A.C. pavement, base, curb, gutter, sidewalk,
landscaped islands, sewer and water utilities, drainage facilities,
street lights, signs, and street trees. Also, pavement markings and
conduit, pull boxes, signal standards with luminaires only mounted on
ultimate bases, and service points for future traffic signals shall
be provided. (Reference Condition #1)
67. The developer shall pay his fair share allocation for regional
drainage facilities as such facilities may be established by the City.
WHEREAS, the City Council considered and certified Environmental
Impact Report EIR-84-1 on January 29, 1985.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista that the findings of the Chula Vista Planning Commission as set
forth in Resolution PCS-84-7 are adopted by the City Council of the City of
Chula Vista.
BE IT FURTHER RESOLVED that the City Council of the City of Chula
Vista approves the tentative subdivision map for EastLake I Village and
Business Center, Chula Vista Tract 84-7, subject to the conditions enumerated
in the Planning Commission Resolution PCS-84-7.
Presented by Approved as to form by
George Krempl, Director of Charles R. Gill
g � Assistant
Planning City Attorney
0231a
-12-
April 114, 1986
Mr. John Lippitt
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 92010
SUBJECT : Assessment District 85-2
April 15, 1986 Public Hearing
Dear John,
As a formal follow-up to our April 14 telephone conversation, -
EastLake Development Company is hereby requesting that AME
the City of Chula Vista postpone the subject public hearing
for a period of one week. Pursuant to recent discussions EASTLAKE
involving the City of Chula Vista, United Enterprises, DEVELOPMENT
Inc. and EastLake Development Company, it is now apparent COMPANY
that City condemnation action to take possession of certain
easements and right-of-way areas across United Enterprises,
Inc. property in the context of the subject assessment
district proceedings will not be necessary. United
Enterprises has expressed its intent to dedicate the
necessary easements and right-of-way to the City of
Chula Vista subject to their confirmation that such
dedications would be consistent with a long-term master
plan and program for the improvement of Otay Lakes Road.
In a telephone conversation yesterday, Mrs. Rose Patek,
President of United Enterprises, Inc. , confirmed that the
necessary easements and right-of-ways can be conveyed
to the City of Chula Vista within the next week or two
in keeping with the current timeframe for the assessment
district proceedings. I am convinced of United Enterprises'
good faith in this matter and feel that a postponement of
the subject public hearing would be an appropriate good
faith reponse.
701 B Street
Suite 730
San Diego,CA 92101
(619)231-2858
Mr. John Lippitt
CITY OF CHULA VISTA
April 14, 1986
Page Two
If I can be of any further help in this matter, please
contact me at your earliest convenience. Thank you in
advance for your cooperation.
Sincerely,
EASTLAK,E DEVELOPMENT COMPANY
Robert L. Santos
Senior Vice President
RLS:laf
cc: Mrs. Rose Patek, United Enterprises, Inc.
. . . . .........
7
UNITED ENTERPRISES, INC.
1007 FIFTH AVENUE '^
SAN DIEGO.CALIFORNIA 92101
r,26 Arir? ! 5 PM 7. 22
1619)232-2000 (}}
C � OF i. �4! <i=t 'a'i S A
CITY CLLidK'S OFFICE
April 15 , 1986
Hand Delivered
The Honorable Mayor Gregory Cox
and Members of the City Council
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
RE: Proposed Condemnation for Otay Lakes Road, Item 7 of April
15 , 1986 Agenda.
Dear Mayor Cox and Council Members:
It is understood that a continuance is being requested for
Item 7 of the City Council agenda for April 15, 1986 , "Proposed
Condemnation of Certain Parcels of Land for Right-of-Way and
Easements for Otay Lakes Road and Other Purposes" .
United Enterprises, Inc. is not opposed to the requested
continuance of one to three weeks.
Yours very truely,
UNITED ENTERPRISES, INC.
Rose B. Patek, President
cc: Director of Public Works/City Engineer
f t �'
UNITED ENTERPRISES, INC.
1007 FIFTH AVENUE
ti
a z �ti
SAN DIEGO,CALIFORNIA 92101
(619)232-2000
1 i7"ti -6 P ;: 35
May 6, 1986 (; ���,� � t �� 'iA
CITY CL l� H iCE
Mayor Greg Cox and
City Council Members
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 92010
RE: Public Hearing for Resolution of Necessity for Acquisition
of Easments for EastLake Business Center
Dear Mayor Cox and
Council Members:
This is to advise you that United Enterprises, Inc. does not
oppose the above-referenced Resolution of Necessity, which
embraces the acquisition by eminent domain of various easements
that are necessary for the implementation of the EastLake Business
Center Tentative Map(s) . Accordingly, in the interest of
promoting the public welfare, United Enterprises, Inc. supports
the adoption of the subject Resolution of Necessity.
Very u]y yours
UNI,TED ENT0 RIS INC.
se B. ate , _
President
RBP:ggo
L1cry ,C - .
girl 1"
,14
COUNCIL AGENDA STATEMENT
Item 4
Meeting Date 5/6/86
ITEM TITLE: Public Hearing on the proposed condemnation of certain parcels
of land for right-of-way and easements for Otay Lakes Road and
other purposes
a) Resolution Determining and declaring the necessity
of acquiring certain right-of-way for public street, easements
for drainage, sewer and slopes and authorizing the
commencement of condemnation proceedings to acquire said
right-of-way and easements
b) Resolution /O� 44q Approving agreement with EastLake
Development Company to cover the full costs of the acquisition
of right-of-way easements along Otay Lakes Road and Rancho
Janal Road and authorizing the Mayor to execute said agreement
c) Resolution Deputizing the firm of Luce, Forward,
Hamilton and Scripps as Deputy City Attorneys to conduct the
condemnation proceedings and directing said firm to seek an
order of immediate possession for the subject easements and
rights-of-way
7 0//
SUBMITTED BY: Director of Public Works/City Engineer
REVIEWED BY: City Manager 1(3- 67E____, (4/5ths Vote: Yes x No )
RECOMMENDATION: That Council conduct the Public Hearing and approve the
resolutions as proposed in the title hereto.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The City Council is asked to adopt a Resolution of Necessity for the
acquisition of a number of parcels of land or easements across a number of
parcels of land for the completion of required improvements for the EastLake
Village and Business Center.
On March 19, 1985, by Resolution 11960, the City Council approved the
Tentative Map for Chula Vista Tract 84-7, EastLake Village and Business
Center. The subdivision was proposed to be developed in four phases, and
specific requirements regarding onsite and offsite improvements to be
constructed with each specific phase were identified.
EastLake Development Company, the developer of the property has submitted a
Final Subdivision Map that includes all of Phase 1 and a part of Phase 2 as
identified on the Tentative Map. The Final Map is ready for approval .
Page 2, Item 4
Meeting Date 5/6/86
The developer is required to construct full improvements for one half of Otay
Lakes Road and all of the onsite streets to the subdivision boundary in
conjunction with Phase 1 . Construction of full improvements within the
subdivision boundary necessitates the construction of transitions to existing
roadways beyond the subdivision boundary. Additional Right of Way, slope and
drainage easements must be acquired to construct these transitions.
In addition, the developer must extend the sewer main from the end of the
existing system on Otay Lakes Road to serve the proposed subdivision. The
placement of this sewer line as proposed is necessary in order to accommodate
the ultimate alignment of Otay Lakes Road. Because of various obstructions,
such as existing water lines and a number of telephone poles, it would be
economically infeasible to place the sewer line in the existing roadway.
Acquisition of the sewer easement would enable City forces to maintain the
sewer prior to acquisition of Right of Way for Otay Lakes Road.
EastLake Development Company indicates that it has made several efforts to
negotiate purchase of the properties which include the subject Right of Way
and easements. As of the writing of this agenda item, Eastlake Development
Company indicates that they have reached agreement with the property owner,
United Enterprises, Inc. In the event that deeds for the subject parcels are
submitted prior to this meeting, Council will be informed and asked to pass
substitute resolutions accepting the right-of-way and easements. EastLake
Development Company has requested that the City proceed with Condemnation
Proceedings to acquire the subject parcels in order for them to comply with
the conditions of approval as discussed above. Negotiations with United
Enterprises will continue in good faith, however, as a timing matter, the
hearing should be held in case the necessary right-of-way is not acquired in
time for the assessment district.
The public improvements which necessitate the acquisition of these parcels
were the subject of an environmental review in Supplemental EIR NO. 85-3.
This EIR was reviewed and certified by the City Council by Resolution No.
12045 adopted on November 2, 1985. Moreover, the EastLake public improvements
were examined, discussed and evaluated in the Sectional Planning Area EIR for
the project EIR NO. 81-4 was certified by the City Council on January 29,
1985, by Resolution NO. 11918.
In accordance with Section 15162 of State CEQA Guidelines, the project will
not result in any impacts beyond those contemplated and examined in the
above-mentioned EIR's, and thus, no further environmental review is required.
EastLake Development Company has executed an agreement wherein they agree to
pay the full cost of acquisition of the subject parcels.
Plats showing the proposed easements and right-of-way are attached.
FISCAL IMPACT: None
WPC 1958E
/`.2,< 1
COUNCIL AGENDA STATEMENT
Item 4
Meeting Date 5/6/86
ITEM TITLE: a,) Public Hearing on the proposed condemnation of certain parcels
of land for right-of-way and easements for Otay Lakes Road and
other purposes
61 Resolution Determining and declaring the necessity
of acquiring certain right-of-way for public street, easements
for drainage, sewer and slopes and authorizing the
commencement of condemnation proceedings to acquire said
right-of-way and easements
b) Resolution Approving agreement with EastLake
Development Company to cover the full costs of the acquisition
of right-of-way easements along Otay Lakes Road and Rancho
Janal Road and authorizing the Mayor to execute said agreement
Q) Resolution /245°° Deputizing the firm of Luce, Forward,
Hamilton and Scripps as Deputy City Attorneys to conduct the
condemnation proceedings and directing said firm to seek an
order of immediate possession for the subject easements and
rights-of-way
SUBMITTED BY: Director of Public Works/City Engineer ,eV
REVIEWED BY: City Manager 1C (4/5ths Vote: Yes x No )
RECOMMENDATION: That Council conduct the Public Hearing and approve the
resolutions as proposed in the title hereto.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The City Council is asked to adopt a Resolution of Necessity for the
acquisition of a number of parcels of land or easements across a number of
parcels of land for the completion of required improvements for the EastLake
Village and Business Center.
On March 19, 1985, by Resolution 11960, the City Council approved the
Tentative Map for Chula Vista Tract 84-7, EastLake Village and Business
Center. The subdivision was proposed to be developed in four phases, and
specific requirements regarding onsite and offsite improvements to be
constructed with each specific phase were identified.
EastLake Development Company, the developer of the property has submitted a
Final Subdivision Map that includes all of Phase 1 and a part of Phase 2 as
identified on the Tentative Map. The Final Map is ready for approval .
Page 2, Item 4
Meeting Date 5/6/86
The developer is required to construct full improvements for one half of Otay
Lakes Road and all of the onsite streets to the subdivision boundary in
conjunction with Phase 1 . Construction of full improvements within the
subdivision boundary necessitates the construction of transitions to existing
roadways beyond the subdivision boundary. Additional Right of Way, slope and
drainage easements must be acquired to construct these transitions.
In addition, the developer must extend the sewer main from the end of the
existing system on Otay Lakes Road to serve the proposed subdivision. The
placement of this sewer line as proposed is necessary in order to accommodate
the ultimate alignment of Otay Lakes Road. Because of various obstructions,
such as existing water lines and a number of telephone poles, it would be
economically infeasible to place the sewer line in the existing roadway.
Acquisition of the sewer easement would enable City forces to maintain the
sewer prior to acquisition of Right of Way for Otay Lakes Road.
EastLake Development Company indicates that it has made several efforts to
negotiate purchase of the properties which include the subject Right of Way
and easements. As of the writing of this agenda item, EastLake Development
Company indicates that they have reached agreement with the property owner,
United Enterprises, Inc. In the event that deeds for the subject parcels are
submitted prior to this meeting, Council will be informed and asked to pass
substitute resolutions accepting the right-of-way and easements. EastLake
Development Company has requested that the City proceed with Condemnation
Proceedings to acquire the subject parcels in order for them to comply with
the conditions of approval as discussed above. Negotiations with United
Enterprises will continue in good faith, however, as a timing matter, the
hearing should be held in case the necessary right-of-way is not acquired in
time for the assessment district.
The public improvements which necessitate the acquisition of these parcels
were the subject of an environmental review in Supplemental EIR NO. 85-3.
This EIR was reviewed and certified by the City Council by Resolution No.
12045 adopted on November 2, 1985. Moreover, the EastLake public improvements
were examined, discussed and evaluated in the Sectional Planning Area EIR for
the project EIR NO. 81-4 was certified by the City Council on January 29,
1985, by Resolution NO. 11918.
In accordance with Section 15162 of State CEQA Guidelines, the project will
not result in any impacts beyond those contemplated and examined in the
above-mentioned EIR's, and thus, no further environmental review is required.
EastLake Development Company has executed an agreement wherein they agree to
pay the full cost of acquisition of the subject parcels.
Plats showing the proposed easements and right-of-way are attached.
FISCAL IMPACT: None
WPC 1958E