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HomeMy WebLinkAboutReso 1991-16263 RESOLUTION NO. 16263 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TENTATIVE SUBDIVISION MAP FOR EAST PALOMAR ESTATES, CHULA VISTA TRACT 91-04 WESTERN COMMUNITIES ASSOCIATES The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Western Communities Associates has submitted a tentative subdivision map known as East Palomar Estates, Chula Vista Tract 91-04, in order to subdivide 3.3 acres at the northeast corner of East Palomar Street and Nolan Avenue into 13 single family lots; and, WHEREAS, the Environmental Review Coordinator conducted an Initial Study, IS-91-35, of potential environmental impacts associated with the implementation of the project and has concluded that there would be no significant environmental impacts, and recommends adoption of the Negative Declaration issued on IS-91-35; and, WHEREAS, on June 12, 1991, the Planning Commission voted 6-1 to recommend that Council approve the tentative map in accordance with Resolution PCS-91-04. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find as follows: Pursuant to Section 66473.5 of the Subdivision Map Act, the tentative subdivision map for East Palomar Estates, Chula Vista Tract 91-04, 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 residential development and the proposal conforms to all standards established by the City for such projects. 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 3.9 du/ac is consistent with Residential Low Medium (3-6 du/ac) General Plan designation for the site. Resolution No. 16263 Page 2 b. Circulation - The streets and common drives serving the project are designed to City standards. c. Housing The project will provide single-family detached housing consistent with the surrounding neighborhood. d. Conservation - The site is previously disturbed and not known to contain any natural resources. e. Park and Recreation, Open Space - The project will be required to pay park acquisition and development fees prior to approval of a final map. f. Seismic Safety There are no known faults within the immediate vicinity of the site. g. Safety - The site is within the threshold standards with respect to response time for fire and police. h. Noise - The project will not create nor be impacted by noise beyond the City's standards. i. Scenic Highway - The site does not adjoin a Scenic Highway. j. Bicycle Routes - Palomar Street is a designated Bike Route and will be improved to those standards. k. Public Buildings - The project is subject to RCT and DIF fees at issuance of building permits. 4. Pursuant to Section 66412.2 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. 5. The size and configuration of the site and resulting street pattern do not allow for the optimum siting of all the lots for passive or natural heating and cooling opportunities without reducing the density below that allowed under the existing zoning. BE IT FURTHER RESOLVED that the tentative subdivision map for East Palomar Estates is subject to the following conditions: (Note: Condition No. 27 has been amended from the one considered by the Planning Commission to reflect the Council's most recent direction with respect to water conservation): Resolution No. 16263 Page 3 1. Any fencing or walls shall maintain a minimum lO ft. setback from the common drives, and the area between the fence/wall and drive shall be landscaped and property maintained. Fencing greater than 3.5 ft. high shall maintain the same setback from the common drives as the dwelling without the prior written permission of the Zoning Administrator. These restrictions shall be reflected in the CC&R's for each of the affected lots (lot #'s 4, 5, 6, 7, 9, lO, ll & 12). 2. The CC&R's shall specify the responsibility of the property owners to maintain the common drives, the landscaping adjacent to the common drives and in and around the guest parking areas, and the down-slopes along the easterly boundary of lot nos. ll and 13, and shall limit the height of the trees on the property to the height of the houses permitted to be built on the property. 3. Landscape and irrigation construction drawings, including a fencing plan for the areas adjacent to the common drives, shall be reviewed and approved by the City Landscape Architect prior to the issuance of any building permits. Any developer-installed landscaping shall prescribe to xeriscaping principles whenever possible. 4. The final screening design for the guest parking areas should include a solid, permanent visual and noise barrier (such as a concrete type decorative fence) in conjunction with shrub groupings a.d ot.materials. The la.table isla.ds shall provide a minimum 4 .a antable area within the planter. 5. The common driveways shall be treated with enriched paving at their entrances subject to review and approval of the City Landscape Architect. 6. The development of the panhandle lots are subject to compliance with the City's panhandle lot standards (CVMC 19.22.150). 7. The CC&R's for the project shall be submitted for review and approval and shall be recorded concurrently with the final map. The CC&R's shall contain a. prohibition against T.V. and radio antennas and garage conversions. THe CC&R's shall name the City as a party to the CC&R's insofar as the City shall have the right, but not the obligation, to enforce the provisions of the CC&R's relating to areas of public concern such as, but not limited to, the maintenance of common areas and the adherence to other ordinance regulations of the City. 8. The "hammerhead" design turn areas shall be posted "No parking fire lane" subject to review and approval of the Fire Marshal. 9. The amount of any fees applicable to the project, including but not limited to PAD, DIF and RCT fees, shall be those in effect at the time they are collected. Resolution No. 16263 Page 4 - lO. The approval of a final map by the city Council will require compliance with the City's adopted threshold standards to the satisfaction of the Director of Planning. ll. The developer shall be responsible for the construction of full street improvements for all public streets shown on the Tentative Map within the subdivision boundary in conformance with the current Chula Vista Design Standards according to the following classifications: CLASSIFICATION East Palomar Street Class I Collector (except that the roadway width, centerline to curbline, shall be 32 feet) Nolan Avenue Residential 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, fire hydrants and transitions to existing improvements. 12. Prior to Final Map approval the developer shall grant to the City a landscaped buffer area easements along all public streets. The width of said easements shall be as outlined in the City's Street Design Standards Policy. 13. Prior to Final Map approval the developer shall dedicate additional right of way along the frontage of the property as follows: - East Palomar Street - to provide a half width street of 42 feet - Nolan Avenue - to provide a half width street of 28 feet. 14. The developer shall be responsible for the installation of the following improvements to the satisfaction of the City Engineer: a. A lO0 watt street light at the north property line on Nolan Avenue. b. Two 250 watt street lights on East Palomar Street. c. Replace two existing lO0 watt with 250 watt street lights on the south side of Palomar Street. 15. The drainage system across lots ll and 13 shall be maintained by the owners of said lots. Provisions shall be included in the CC&R's which shall be approved prior to approval of the Final Map. Resolution No. 16263 Page 5 16. An erosion and sedimentation control plan shall be prepared and approved by the City as part of the grading plans. 17. Lot lines shall be located at the top of slopes except as approved by the City Engineer. Lots shall be so graded as to drain to the street or an approved drainage system. Drainage shall not be permitted to flow over slopes. 18. Prior to approval of the Final Map the developer shall demonstrate to the satisfaction of the City Engineer that the downstream sewer system is capable of handling the additional sewage flow to be generated by the project. The developer shall also enter into an agreement with the City whereby the owner agrees to participate in funding of the necessary facilities to provide downstream sewer capacity for those segments already working over design capacity or which this development causes to exceed City design standards. This agreement shall be executed by the developer prior to Final Map approval. 19. The developer shall enter into an agreement with the City wherein the City is held harmless from any liability for erosion, siltation or increased flow of drainage resulting from this project. 20. 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 development/applicant shall enter into an agreement, 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 of employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision. 21. The boundary of the subdivision shall be tied to the California System - Zone VI. 22. 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. 23. 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 with 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 Resolution No. 16263 Page 6 - 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. 24. Prior to approval of the Final Map, the developer shall submit a copy of the Final Map in a digital format such as (DXF) graphic file. This Computer Aided Design (CAD) copy of the Final Map shall be based on accurate coordinate geometry calculations and shall be submitted on 5-1/2 HD floppy disk prior to the approval of the Final Map. 25. The developer shall comply with all applicable sections of the Chula Vista Municipal Code as they exist at the time of issuance of the building permit. Preparation of the Final Map and all pl arts shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinances and Subdivision Manual. 26. The developer shall grant access and parking easements to the satisfaction of the City Engineer to the subsequent owners of panhandle lots 4, 5, 6, 7, 9, 10, ll and 12. These easements shall be granted on the final map in accordance with Section 18.20.150 of the City of Chula Vista Municipal Code. 27. The applicant shall comply with a City-approved water use offset policy. Said policy may require one or more of the following: a. Compliance with a regional water use offset program, to be administered by the San Diego County Water Authority. b. Compliance with a locally administered water use offset program (such program may be administered by the City, water district, or a combination of both}. c. Implementation of specific water use offset measures for this project, if neither a regional or locally-administered water use offset program is in place prior to issuance of building permits for any portion of this project. In the event that a City-approved water offset policy is not in effect at the time building permits are issued, the requirements of this condition shall be met through implementation of specific water offset measures for this project, with the level of offsets and specific measures to be approved by the City. Resolution No. 16263 Page 7 28. The CC&Rs shall contain a provision prohibiting the parking of any RV-type vehicles (including campers, boats, and trailers) on any portion of the lots including driveways. 29. City Engineer shall be satisfied that the legal description of the subject property is consistent with the legal description of the property to the north of the site. Robert A. Leiter Bruce M. Boog~ Director of Planning City Attorney Resolution No. 16263 Page 8 ' PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of July, 1991 by the following vote: AYES: Councilmembers: Grasser Horton, Moore, Nader, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: Malcolm ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I, Vicki Soderquist, Deputy City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16263 was duly passed, approved, and adopted by the City Council held on the 16th day of July, 1991. Executed this 16th day of July, 1991. Vi ck ~O~er~ui st, Depu~\Ci ty Clerk