Loading...
HomeMy WebLinkAboutReso 1992-16593 RESOLUTION NO. 16593 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TENTATIVE SUBDIVISION MAP FOR SALT CREEK I CONDOMINIUMS, CHULA VISTA TRACT PCS-91-01 WHEREAS, a duly verified application for a tentative subdivision map was filed with the Planning Department of the City of Chula Vista on January 8, 1992 by the Baldwin Company; and, WHEREAS, said application requested a tentative subdivision map known as Salt Creek I Condominiums, Chula Vista Tract, PCS-gl-01 ("Project"), in order to subdivide g.3 acres into ten {10} lots for a 141 unit multi-family residential development, including 13 low and 39 moderate income housing units, and one {1) open space lot; and, WHEREAS, the time and place for a hearing before the City Council was set on said tentative subdivision map application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and by mailing same to property owners within 300 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., April 21, 1992, in the Council Chambers, 276 Fourth Avenue, before the Council and said hearing was thereafter closed; and WHEREAS, pursuant to Section 3.6, Environmental Review Procedures of the City of Chula Vista, the Environmental Review Coordinator found that no new effects on the environment would occur and no new mitigation measures would be required for this Project other than those described in the environmental impact report, EIR-89-06, prepared for Salt Creek I General Plan Amendment, Zone Change, Sectional Planning Area (SPA) Plan Amendment, Tentative Tract Map 89-09 and Conceptual Site Plan; this project implements and falls under the purview of EIR- 89-06. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby find, determine, resolve and order as follows: SECTION 1. Conformance with General Plan. Pursuant to Section 66473.5 of the Subdivision Map Act, the tentative subdivision map for Salt Creek I Condominiums, Chula Vista Tract PCS-91-01, is found to be in conformance with the various elements of the City's General Plan based on the following: 1. The site is physically suitable for a ten lot, 141 unit residential and one lot open space development, and the proposal conforms to all standards established by the City for such projects. Resolution No. 16593 Page 2 2. The design of the subdivision will not affect the existing improvements -- streets, sewers, etc. -- which have been designed to avoid any serious problems. 3. The project is in substantial conformance with the Chula Vista General Plan Elements as follows: a. Land Use - The project density of 15.16 dwelling units per acre is consistent with the Medium High Density range of 11-19.g du/ac. b. Circulation - The project has a circular driveway system along the outside boundary of the residential lots with appropriately placed driveways to parking areas. Also included at strategic locations are hammerhead turnarounds for larger vehicles, specifically fire-fighting apparatuses. c. Housing - This project is required to include low and moderate income housing. An agreement between the City Council and the applicant executed on March 3, 1992 states that the project shall include 13 low and 39 moderate income housing units. d. Conservation - Previous mitigation required that other areas within Salt Creek I containing costal sage scrub habitat be preserved both on and off- site, and that an on-site area be provided for the Otay Tarplant. There are, however, no areas within this project targeted for preservation. e. Park and Recreation, Open Space - This project provides for one open space lot which is conditioned to be granted in fee to the City, but will be maintained by the Eastlake Maintenance District No. 1. Park Acquisition and Development fees will be required prior to Final Map approval. 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 - Provision of adequate police protection will be verified by the Chula Vista Police Department prior to the issuance of building permits. A one acre fire station site within the vicinity of this project will be constructed as part of the overall development of Salt Creek Resolution No. 16593 Page 3 Ranch. (The construction of the fire station is not a condition of approval for Salt Creek I Condominiums - PCS-91-01.) h. Noise - A noise attenuation wall is shown along the eastern boundary of the open space lot separating the residential buildings from the SR- 125 corridor. This wall must meet minimum City standards in noise attenuation. i. Scenic Highway - This project does not abut any scenic highway. j. Bicycle Routes - Mt. Miguel Road is a designated bike route and will be designed accordingly. 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. SECTION 2. Consideration of Regional Housing Needs. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council has considered the effect of this action 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. SECTION 3. Consideration of Natural Heating and Cooling Opportunities. Pursuant to Section 66473.1 of the Subdivision Map Act, the Council has considered and determined that the design of the subdivision provides to the extent feasible for future passive or natural heating and cooling opportunities. SECTION 4. Conditional Approval of Tentative Map. The City Council approves the tentative subdivision map for Salt Creek I Condominiums, Chula Vista Tract PCS-91-01, based on the findings in the foregoing sections of this Resolution, subject to the following conditions: 1. Prior to Final Map approval, each project component shall comply, and the subdivider shall submit proof that each project component complies with, the City's threshold standards to the satisfaction of the Director of Planning. 2. The amount of fees applicable to the project, including but not limited to PAD, DIF, and RCT fees, shall be Resol uti on No. 16593 Page 4 those in effect at the time that building permits are legally issuable and are issued. 3. The subdivider shall file a copy of the Declaration of Covenants, Conditions and Restrictions {CC&R's) applicable to the subject property with, and obtain the approval of, the City of Chula Vista. The CC&R's shall include: a. Provisions for the formation of a home owner's association (HOA) which shall assure maintenance of all private driveways, common areas and drainage systems. The City of Chula Vista shall be named as 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. b. Prohibition of television antennas, garage conversions, parking outside of designated areas and parking of recreational vehicles. 4. The grading of Lot 11 (Open Space Lot) shall provide a level, clear area at least three feet wide, as measured from face-of-wall to beginning-of-slope, along the length of the west side of the noise attenuation wall, as approved by the City Engineer and the Director of the Parks and Recreation Department. 5. The design and location of noise attenuation walls are subject to review and approval of the Director of Planning. 6. Prior to approval of the Final Map by the City Council, an affordable housing agreement shall be reached between the applicant and the City Council. 7. Prior to the application for any building permit, plans showing the design and location of a project identifica- tion sign shall be submitted 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 with maximum dimensions as outlined in Section 19.60 of the Zoning Ordinance. 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. 8. All surface improvements within the development shall be designed as private driveways and parking. Resolution No. 16593 Page 5 9. Should the developer elect to file multiple final maps, a phasing plan shall be approved by the City Engineer and the Director of Planning indicating improvements to be installed for each map prior to approval of the first map. The recreation area shall be included as part of the first phase. Parking shall be kept in balance with the phasing. 10. Prior to the approval of any final map for any lot or unit, the developer shall guarantee the construction of all improvement (streets, sewers, drainage, utilities, etc.) deemed necessary to provide service to such lot or unit in accordance with City standards, which guaranty shall, at the option of the City, be bonded in a form satsifactory to the City. 11. The developer shall be responsible for the construction of full street improvements in Mt. Miguel Road from the existing temporary cul-de-sac south to the subdivision boundary, Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer and water utilities, drainage facilities, street lights, signs and fire hydrants. Access to the subject property shall be from a driveway off a modified knuckle located at the intersection of Mt. Miguel Road and the future Salt Creek Ranch. All design and construction criteria shall be to the satisfaction of the City Engineer. 12. The developer shall be responsible for providing adequate on-site and off-site right-of-way to construct Mt. Miguel Road as required by the City Engineer. Said right-of-way shall be annexed to the City of Chula Vista and dedicated prior to approval of the Final Subdivision Map. 13. The property owner shall notify the City at least 60 days prior to consideration of the Final Map by City if off-site right-of-way cannot be obtained as required by the Conditions of Approval. {Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.} After said notification, the owner shall: a. Pay the full cost of acquiring off-site right-of- way or easements required by the Conditions of Approval of the Tentative Map. b. Deposit with the City the estimated cost of acquiring said right-of-way or easements, said estimate to be approved by the City Engineer. Resolution No. 16593 Page 6 c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings. d. If the developer so requests, the City may use its powers to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the tentative map. The developers shall pay all costs, both direct and indirect, incurred in said acquisition. The requirements of a, b and c above shall be accomplished prior to approval of the Final Map. All off-site requirements which fall under the purview of Section 66462.5 of the State Subdivision Map Act will be waived if the City does not comply with the 120 day time limitation specified in the section of the Act. 14. The developer shall provide notarized letters of permission for all off-site grading and construction of improvements. 15. The developer shall grant to the City street tree planting and maintenance easements along Mt. Miguel Road. The width of said easements shall be as outlined in the City's Street Design Standards Policy. 16. Only sewers within public rights-of-way will be publicly maintained. All sewers within the subject property shall be privately maintained. The sizing and design of the on-site sewer system shall be revised to reflect the change from the proposed public system to a private system. The developer may reduce the size of the sewers to meet minimum design standards. 17. Prior to approval of any final map, the developer shall pay Spring Valley Sanitation District fees and Proctor Valley Sewer fees. 18. Prior to approval of any final map, the developer shall enter into an agreement with the City wherein it is agreed that the subject property is subject to applicable conditions and fees of future agreements among the City, Spring Valley Sanitation District (SVSD) and the Otay Water District regarding the use of the trunk sewer constructed in conjunction with Salt Creek I Units 1 - 3, the Frisbee Trunk Sewer, and the Spring Valley Outfall Sewer. Resolution No. 16593 Page 7 19. The developer shall provide piping lines for reclaimed water as approved by the Public Works Director and the Otay Water District. 20. The boundary of the subdivision shall be tied to the California Coordinate System - Zone VI {lg83). 21. The subject property is within the boundaries of Assessment Districts 85-2 and 90-3. The developer shall be responsible for all costs associated with reapportionment of assessments as a result of subdivision of lands within the project boundary. A request for reapportionment and a deposit in the amount of $10,998 {141 units x $3g/unit x 2 districts) to cover the costs shall be placed with the City prior to approval of a final map for any unit. 22. The open space lot within the subject property shall be granted in fee to the City and will be maintained by the Eastlake Maintenance District No. 1. A deposit in the amount of $1,500 to cover the cost of updating the district shall be placed with the City prior to approval of a final map for any unit. 23. 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 East "H" Street exceeds the levels of service " identified in the City's adopted thresholds. 24. On the condition that 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 agree to 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 approvals by its Planning Commission, City Council, or any approval by its agents, officers, or employees with regard to this subdivision prior to approval of the final map{s). 25. 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 Resolution No. 16593 Page 8 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 noti lies Developer. Said agreement shall be approved by the City Attorney prior to Final Map approval. 26. Prior to approval of a final map for any unit, the owner shall submit a copy of said 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 on 5 1/2 HD floppy disk prior to the approval of the Final Map. 27. Automatic garage door openers shall be installed in all units, to the satisfaction of the Director of Planning. 28. Address numbers shall be placed on both the front and garage sides of each unit to the satisfaction of the Director of Planning. Presented by Appr d l~to~ by Robert A. Leiter Boogaard Director of Planning City At{orne Resolution No. 16593 Page 9 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 21th day of April, 1992, by the following vote: YES: Councilmembers: Grasser Herton, Malcolm, Moore, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: Nader ABSTAIN: Councilmembers: None David Malcom Mayor Pro-Tempore ATTEST: ~. /' /,-: / B6v~rly 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. 16593 was duly passed, approved, and adopted by the City Council held on the 21th day of April, 1992. Executed this 21th day of April, 1992. ~ T:~ ,' /,:~ f'~ , ~ ~'~' ? -,., Beverly AyAuthelet, City Clerk