HomeMy WebLinkAboutReso 2002-293
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DOC # 2004-0336838
APR 19.
2004 11:43 AM
Recording requested
by:
CityofChula Vista
OFFICIAl.. REcœDS
SAN DIEGO COOHTV RECORDER'S OFFICE
GREGORY J. SMITH, CIUITV REcœDER
ms: 0.00
Mter recording return
to:
City Clerk's Office
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
This space for Recorder's use only
RESOLUTION NO. 2002-293
Document Title
RESOLUTION NO. 2002-293
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REPEALING THE AGREEMENT
REGARDING A COMMUNITY TRAIL PEDESTRIAN
FACILITY BETWEEN EASTLAKE I AND EASTLAKE II
1.
RECITALS
A.
Proj ect Site
WHEREAS, the areas of land are generally known as the intersection of EastLake
Parkway and Otay Lakes Road and the general locale is commonly known as EastLake I Activity
Center ("Project Site"); and
B.
Project; Application for Discretionary Approvals
WHEREAS a duly verified application was filed with the City of Chula Vista Planning
Department on July 11, 2001 by The Eastlake Company ("Developer"), requesting that the
agreement entitled "Agreement Regarding a Community Trail Pedestrian Facility between
EastLake I and EastLake II" ("Agreement") be repealed; and
C.
Prior Discretionary Approvals
WHEREAS, the Agreement was previously approved by Council Resolution No. 15480
on July 23,1990; and
D.
Repeal of Agreement
WHEREAS, based on technical information by the Institute of Transportation Engineers
(ITE) for pedestrian bridge usage (pedestrian volume, bridge location and topography), Planning
and Engineering staff concluded that the pedestrian bridge will not be an effective route to cross
Otay Lakes Road and, therefore not warranted for the following reasons:
1. To justify the construction of a pedestrian bridge over a road, the ITE
recommends a minimum of 300 pedestrians in a 4-hour peak period using a particular
intersection. The City's engineering staff conducted a pedestrian volume count at the
intersection of Otay Lakes Road and EastLake Parkway, and found that the pedestrian
traffic is significantly less than the recommended pedestrian traffic volume to justify the
installation of a bridge structure over Otay Lakes Road. Based on this finding, it has been
determined that the pedestrian bridge is not warranted at this location. In staff's opinion,
the existing at-grade crossing provides safe and convenient pedestrian crossing.
2. In addition to the above, the ITE recommends that pedestrian bridges be located at
mid-block between signalized intersections and at-grade crossings. Preferably, a
pedestrian bridge should be where there is a significant grade difference between the road
and adjacent building pads. Otay Lakes Road and the two adjacent commercial centers
are about the same elevation, and are connected by a signalized driveway (and pedestrian
crossing) at about mid point between EastLake Parkway and the future State Route 125
freeway. Because the existing pedestrian crossings provide convenient at-grade
pedestrian crossings at two separate points along Otay Lakes Road and because there is
Resolution 2002-293
Page 2
no elevation difference between either sides of the street, the pedestrian bridge cannot be
justified.
Based on the above factors, it is proposed that the City release EastLake from the obligation to
construct the pedestrian bridge over Otay Lakes Road.
E.
Planning Commission Record of Application
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on July 31, 2002 and voted 5-0-0-2 to forward a recommendation to the City Council on the
Project; and
WHEREAS, the proceedings and all evidence introduce before the Planning Commission
at the public hearing on this project held on July 31, 2002 and the minutes and resolution
resulting there from, are hereby incorporated into the record of this proceedings; and
F.
City Council Record of Application
WHEREAS, the City Clerk set the time and place for the hearing on the Project
application and notices of said hearings, together with its purposes given by its publication in a
newspaper of general circulation in the city, and its mailing to property owners within 500 ft. of
the exterior boundaries of the Project Sites at least ten days prior to the hearing.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds, determines
and resolves as follows:
II.
CERTIFICATION OF COMPLIANCE WITH CEQA
The Environmental Review Coordinator has determined the repeal of said Agreement is
not a project according the California Environmental Quality Act. No further environmental
analysis is required for the Improvement Agreement.
111.
REPEAL OF IMPROVEMENT AGREEMENT
The City Council of the City ofChula Vista hereby repeals the Improvement Agreement
document entitled "Agreement Regarding a Community Trail Pedestrian Facility between
EastLake I and EastLake II".
IV.
RECORDATION OF DOCUMENT
The City Clerk is hereby directed to record the Resolution repealing the Agreement in the office
of the County Recorder.
V.
INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon enforceability of each and every term provision and condition herein stated; and that in the
event that anyone or more terms, provisions or conditions are determined by the Court of
competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its sole
discretion, this resolution shall be deemed to be revoked and no further in force or in effect.
Resolution 2002-293
Page 3
Presented by
Approved as to form by
WILL
Robert A. Leiter
Planning Director
~~~
. Kaheny
. Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 6th day of August, 2002, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
Davis, Padilla, Rindone, Salas and Horton
None
None
ATTEST:
JA~~íZ; }{
Shirley Horto , Mayor
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Susan Bigelow, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2002-293 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 6th day of August, 2002.
Executed this 6th day of August, 2002.
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Susan Bigelow, City Cler