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HomeMy WebLinkAboutAgenda Statement 1984/06/19 Item 16a-f COUNCIL AGENDA STATEMENT Item 16 a-f Meeting Date 6/19/84 ITEM TITLE: a) Resolution // . 9 Approving the Final Map and Subdivision Improvement Agreement for Chula Vista Tract 81-6, Otay Valley Industrial Park b) Resolution Approving the Agreement waiving the right to oppose the formation of an Assessment District to provide adequate sewer capacity to the area c) Resolution // 6' / Amending conditions 4, 5 and 15 of Resolution No. 10557 d) Resolution `! %' 7 •'Accepti ng a cash bond of $4,000 to complete improvements in Maxwell Road e) Resolution 7/(7 Accepting grant of easement for drainage purposes f) Resolution //c %/5 Accepting grant of easement for slope purposes SUBMITTED BY: City Engineer (4/5ths Vote: Yes No X ) REVIEWED BY: City Manager :76 47 .1)- On July 21 , 1981 , Council approved the revised Tentative Map for Chula Vista Tract 81-6, Otay Valley Industrial Park. The Final Map is now before Council for approval . RECOMMENDATION: That Council adopt the resolutions listed in the title hereto. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The Final Map for Chula Vista Tract 81-6, Otay Valley Industrial Park has been checked and found to be in conformance with the Tentative Map. Chula Vista Tract 81-6 consists of 19 industrial lots on 40.384 acres of land. Approval of the Final Map includes acceptance of Research Court, Design Court, and portions of Otay Valley Road and Maxwell Road. Approval of the Final Map also includes acceptance of a street tree easement along Otay Valley Road, drainage easements and sidewalk ramp and pedestrian access easements. Page 2, Item a-f Meeting Date_6/19/�4 In lieu of constructing ultimate street improvements for the northwest portion of Maxwell Road adjacent to Lot 19, the developer was required to grant a slope easement within Lot 19 and post a cash bond of $4,000. Construction of those improvements would have required extensive onsite and offsite grading which is not necessary to serve this development. Three amended conditions of approval have been submitted for Council consideration. Conditions 4 and 5 required the acquisition of right-of-way along Otay Valley and the construction of improvements within that right-of-way. Two factors have changed subsequent to Council approval of those conditions. These are: 1 ) The Subdivision Map Act changed (Section 66462.5) to require the local agency to acquire or condemn within 120 days any land needed for construction of offsite improvements. Should this not be accomplished within that 120 days, the condition for the construction of offsite improvements is waived. 2) An assessment district is being proposed to construct the improvements along Otay Valley Road and the original conditions must be modified to recognize this situation. The developer has been unable to acquire the right-of-way necessary for construction of offsite improvements. Therefore, in lieu of conditions 4 and 5 of Resolution 10557, the following amended condition is submitted for Council approval . Conditions 4 and 5: Developer shall deposit $80,000 as the development's share of the cost of acquiring and improving off-site right-of-way along the north side of Otay Valley Road adequate to provide 35 feet of right-of-way north of the centerline as shown on Chula Vista Drawing No. 75-109D and 75-110D and additional structural street section between the ultimate street centerline and the northerly line of right-of-way to be acquired under Condition No, 4 of Resolution No. 10557. Said deposit may be bonded for by the developer until such time as the City of Chula Vista makes a demand for payment or a building permit is requested for any lot within the development. At that time the bond shall be released and the cash contribution shall be accepted in its place. In any event, the cash contribution shall be paid within 120 days of the final map approval if the assessment district has not been established at that time. Said deposit shall be adjusted to equal the actual cost of said acquisition, including legal costs, and construction of necessary improvements at such time that said actual cost is known. The developer will initially bond for the $80,000 as indicated in the revised condition. However, prior to the expiration of 120 days from the date of approval of the Final Map (should the proposed assessment district not have //�.57 Page 3, Item 16 a-f Meeting Date 6/19/84 been formed) , the developer is required to replace the bond with cash. The cash would be used to acquire the necessary right-of-way and construct the improvements. This action would prevent the condition being simply waived due to the City not complying with Section 66462.5 of the Subdivision Map Act. The developer has signed a petition requesting the formation of the assessment district to provide the ultimate improvements for the north side of Otay Valley Road. The third condition of approval proposed to be amended is Condition No. 15 of Resolution 10557. The amended condition is proposed to read: 15. A decorative block wall at least six feet in height or an alternative suitable to the Director of Planning, shall be erected at the top of the slope along the southerly portion of Lots 1 through 5 and along the westerly portion of Lots 5 and 6. Access shall be provided to the down slope from the interior of the lots. The precise length, height, and design of the proposal shall be determined at the time of precise plan review for building construction. Said approval by the Director of Planning shall be consistent with the intent of the Scenic Highways Element of the Chula Vista General- Plan. The last sentence has been added and represents the change in Condition 15. In December 1982 and January 1983, Council conducted a public hearing to consider the acquisition of a storm drain easement across United Enterprise property. Three alternatives were presented at that time. Alternate "C" has been used by the developer and that alternate required the granting of an easement by Walker-Scott. (Note: Condemnation proceedings were never completed in late 1982 and early 1983) . Acceptance by City Council will provide a needed easement for the proposed drainage facility. Slides are available for Council viewing. FISCAL IMPACT: Not applicable. WAU:nr/EY149, 186 WPC 1051E .4 � �'