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Home My WebLink AboutPCS-90-07E RFSOLUTION NO. PCS-90-07E � RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A TWELVE MONTH TENTATIVE MAP EXTENSION FOR THE SUBDNISION KNOWN AS SUNBOW II, CHULA VISTA TRACT 90-07 WHEREAS, on May 22,1990, by resolution number 15640, the City Council approved the tentative map for the subdivision known as Sunbow II Chula Vista Tract 90-07, which is was due to expire on May 22, 1993. WHEREAS, a duly verified application for a tentative subdivision map extension was filed with the Planning Department of the Ciry of Chula Vista on February 22,1993 by, Rancho Del Sur Partnership, owner of the property prior to expiration of the tentative map, and WHEREAS, said application, subsequendy amended on July lst, 1993, requested a 12 month tentative map extension to May 22,1994, and WHEREAS, on June 30, 1993, the applicant and its possible successor in interest accepted the clarifications of existing conditions and new conditions as set forth hereafter, and �� WHEREAS, the Environmental Review Coordinator has reviewed the previously certified � EIR-88-01 and found it adequate for the proposed time extension, and WHEREAS, the Director of Planning set the time and place for a hearing on said tentative subdivisiou map application and notice of said hearing, together with iu purpose, was ' given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 1000 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 7:00 p.m. July 14,1993 in the Council Chambers, 276 Fourth Avenue, before the Planning Commissio❑ and said hearing was thereafter closed, and NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION finds as follows: Pursuant to section 66473.5 of the Subdivision Map Act, the tentative subdivision map for Sunbow II,Chula Vista Tract 90-07, as conditioned herein, remains in substantial -- conformance with the various elements of the City's General Plan as amended in 1989. � Pcsc-res.pc ' . BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION approves the � extension of the tentative map for Chula Vista Vact for Chula Vista Tract 90-07 until May 22, 1994 subject .to the conditio�s contained in the Ciry Council Resolution No. 15640 and the following modified, clarified and new conditions: 1. Replace condition 16 with: Enter into an agreement with the City to insure that all franchised cable television companies ("Cable Company") are permitted equal opportuniry to place conduit and provide cable television service to each lot within the subdivision prior to approval of Final Maps for each phase or unit. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and effecting the operation of the cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. 2. Add to the end of condition 28 the following: Execute grant deeds for each lot granted to the Ciry. J. 3. Revise condition 43 to read "... pre-development flow for a 100 year storm." 4. Add to the end of condition 45 the following: � Accomplish the following prior to approval of a Final Map for any unit or phase which requires drainage detention and/or 5ltration basin(s) a. Prepare a maintenance program including a schedule and a . financing mechanism for said detention and/or filtering basins. Said prograin shap be subject to approval of the City Engineer. b. Enter inro an agreement with the City of Chula Vista and the state DeparUnent of Fish and Game wherein the parties agree to implement the basin maintenance program. 5. Add to condition 68 after the second sentence the following: Submit a deposit of$1,500 to process the annexation of the area into said open space districL All cost of said annexation and other costs associated with the processing of the open space relating to this project shall be borne by the developer. Submit a list of items to be included in the open space maintenance district. � Pcsrres.pc O 6. Add to the end of condition 83 the following: : Grant to the City on any final map that contains a lot dedicated in fee to the City, a 10 foot general utility easement parallel with and adjacent ro the street right-of-way. 7. Add new condition 90 to read as follows: 90. Pay the following fees in accordance with the Ciry Code and Council Policy: a. Transportation and Public Facilities Development Impact b. Signal PaRicipation c. School d. All applicable sewer fees e. Telegraph Canyon Drainage and Sewer Basin f. Pay the SR 125 Transportation Development Impact fee as may be adopted by the Ciry Council in the fumre. g: Pay the amount of said fees in effect at the time of final map or building permit as required by the City Code. 8. Add new condition 91 to read as follows: —• 91. Provide to the Ciry a letter from Otay Municipal Water District indicating r'" that the assessmentslbonded indebtedness for all parcels dedicated to the City have been paid or that no assessments exist on the parcel(s). 9. Add new condition 92 to read as follows: Applicant's successors in interest shall indemnify the City, its employees, and agents from any or all lawsuits and liabilities in connection with granting this Tentative Map extension and waives any claims arising from placing conditions upon such extension of the Tentative Map, whether the issues and liabilities are raised by The Rancho Del Sur Partnership any successor in interest or any third party. 10. Add new condition 93 to read as follows: Prepare and submit and obtain Ciry Council 'approval of Water Conservation and Air Qualiry Improvement Plans before approval of the first Final Map. � Pcse-res.pc ll. Add new condition 94 to read as follows: : Comply with all requirements of the Public Facilities Financing Plan for the project, as may be amended to conform with the City's adopted Growth Manaeement Program, pursuant to Section 19.09.120 of the � Municipal Code. � 12. Add new condition 95 to read as follows: Prior to consideration of any final subdivision map or grading permit for any portion of the subject site, proof of an incidental take permit under Section 7, Section l0a of the Endangered Species Act (FSA) or any other form of approval by the USF&WS relative to the California Gnatcatcher or CSS shall be provided to the Environmental Review Section of the Planning DepaRment. If such permit is not required, written verification to that effect from the U.S Fish and Wildlife Service shall be provided. Any project redesign in response to permiu issued pursuant to Section 7 or l0a of the ESA or any other form of approval by the USF&WS may require reconsideration by the appropriate Ciry decisionmaking body. That a copy of this resolution be transmitted to the owners of the property and the Ciry Clerk. • PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this Juty 14,1993 by the.following vote, to-wir. AYFS: Martin, Carson, Moot, Ray and Tarantino NOFS: None ABSENT: Fuller and Tuchscher ABSTENTIONS: None / � U��7�'t' �`"" � Thomas A. Mar[in,Chair pro Tempore ATTEST: � �� -�-�-�-�r Nancy �pley, Secretary � Pcsc-res.pc .