HomeMy WebLinkAboutReso 2003-017Recording requested
by:
City of Chula Vista
After recording retur~
to:
City Clerk's Office
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
DOC 2003-0132213
FEB 05, 2003 10:10 ~M
OFFICIAL REOURD8
SAN DIEGO COUNTY RECORDER'8 OFFICE
GREGORY J. ~tITH, COUNTY REI]ORDER
FEES: 030
This space for Recorder's use only
RESOLUTION NO. 2003-017
RESOLUTION NO. 2003-017
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE M/TIGATED NEGATIVE
DECLARATION AND APPROVING A TENTATIVE
SUBD1VISION MAP FOR PARK VIEW ESTATES, A
0.99-ACRE, FIVE LOT SUBDMSION FOR SINGLE-FAMILY
DWELLINGS UNITS, LOCATED AT 387 DATE STREET,
CHULA VISTA
I. RECITALS
A. Project Site
WHEREAS, the area of land commonly known as "Park View Estates" Tentative
Subdivision Map (PCS-99-05), Chula Vista Tract No. 99-05, which is the subject matter of this
resolution, and is diagrammatically represented in Exhibit "A" attached hereto and incorporated
herein by this reference; and for the propose of general description herein consists of 0.99 acres
located at the southerly terminus of Date Street, located within a single-family residential
(R-1-5-P) Zone, within the Montgomery Specific Plan area with a Land Use Designation of
Low/Medium Density Residential (6 - 11 dwelling units per acre), and within the General Plan
Land Use Designation of Low Medium Residential (6 - 11 dwelling units per acre), consisting of
APN 631-012-08-00 ("Project Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on December 9, 1998, James C. Hurrell ("Developer"); fried a tentative
subdivision map application with the Planning Department of the City of Chula Vista and
requested approval of the Tentative Subdivision Map (PCS-99-05) known as "Park View
Estates," Chula Vista Tract No. 99-05, in order to subdivide the project site into five (5)
single-family residential lots ("Project"); and
C. Environmental Determination
WHEREAS, the Resource Conservation Commission has determined that the Initial
Study prepared by the Environmental Review Coordinator was adequate and recommended
adoption of a Mitigated Negative Declaration on November 4, 2002, in compliance with the
California Environmental Quality Act. The Planning Commission recommended adoption of the
same Mitigated Negative Declaration on December 11, 2002.
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public heating on the said
project on December 11, 2002 and voted 5-1-0-0 to recommend that the City Council approve
the Project based on the findings and subject to the conditions listed below in accordance with
Planning Commission Resolution PCS-99-05; and
E. City Council Record on Application
Resolution 2003-017
Page 2
WHEREAS, the City Council set the time and place for a hearing on the Project and
Notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the City at least 10 days prior to the hearing; and
WHEREAS, a duly called and noticed public hearing was held at the time and place as
advertised on January 14, 2003 in the Council Chambers, 276 Fourth Avenue before the City
Council of the City of Chula Vista; to receive the recommendation of the Planning Commission,
and to hear public testimony with regard to the Project, and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find,
determine, and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence on the project introduced before the Planning
Commission at their public hearing on this project held on December 11, 2002 and the minutes
and resolution resulting therefrom, are hereby incorporated into the record of this proceeding.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the environmental determination of the
Environmental Review Coordinator, the Resource Conservation Commission, and the Planning
Commission was reached in accordance with requirements of the California Environmental
Quality Act, the State Environmental Impact Report (EIR) Guidelines, and the Environmental
Review Procedures of the City of Chula Vista.
IV. INCORPORATION OF MITIGATION MEASURES
The City does hereby adopt the mitigated negative declaration and incorporate herein as
conditions for this approval all applicable mitigation measures, as set forth in the Environmental
Document IS-99-23.
V. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the
City Council finds that "Park View Estates" Tentative Subdivision Map Chula Vista
Tract No. PCS-99-05, as conditioned herein is in conformance with the various elements
of the City's General Plan and the Montgomery Specific Plan based on the following:
1. Land Use
The General Plan Land Use Designation is Low Medium Residential (6 - 11
dwelling units per acre). The Montgomery Specific Plan Land Use Designation is
Low/Medium Density Residential (6 - 11 dwelling units per acre). The proposed
5-lot subdivision is within the allowable density and permitted number of
dwelling units. Therefore, as conditioned, the Project is in substantial compliance
with the City's General Plan and the Montgomery Specific Plan.
2. Circulation
All of the on-site and off-site public streets required to serve the subdivision will
be constructed or paid for by the developer in accordance with the Conditions of
Resolution 2003-017
Page 3
Approval. The public streets within the Project will be designed in accordance
with the City design standards and/or requirements and provide for vehicular and
pedestrian connections with adjacent streets.
3. Housing
The housing provided wittfin the Project will be market-rate housing. The Project
will provide additional single-family home ownership opportunities in an
established western Chula Vista neighborhood, within the Montgomery Specific
Plan area.
4. Conservation
The Project site is known to have significant environmental impacts, which are
addressed by the mitigation measures. The mitigation monitoring and reporting
program is incorporated into the conditions of approval.
5. Parks, Recreation and Open Space
The Project will be required to pay park acquisition and development fees prior to
approval of a final map. The individual lots possess large rear yard areas, in
addition to access to the adjacent Otay River Valley Regional Park.
6. Seismic Safety
The Project is in conformance with the goals and policies of the Seismic Element
of the General Plan for this site. The site is not located adjacent to an identified or
inferred geologic fault.
7. Safety
The Project is within the General Plan standard for response time of both Police
and Fire services. The emergency services agencies have reviewed the proposed
subdivision for conformance with City safety policies and have determined that
the proposal meets the City Threshold Standards for emergency services.
8. Noise
The Project will be required to meet the residential standards of the General
Plan's Noise Element and Municipal Code. The dwelling units will be required to
meet the Uniform Building Code standards with regard to acceptable interior
noise levels.
9. Scenic Highway
The Project does not abut a scenic route or gateway.
10. Bicycle Routes
The public street within and adjoining the Project is not required to include a
designated bike route, but there will be a trail for mountain bikes within the
adjacent Otay River Valley Regional Park.
Resolution 2003-017
Page 4
11. Public Buildings
No public buildings are planned or proposed for the Project.
B. Pursuant to Government Code Section 66412.3 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.
C. Pursuant to Govemraent Code Section 66473.1 of the Subdivision Map Act, the
configuration, orientation, and topography of the site allows for the optimum siting of lots for
natural and passive heating and cooling opportunities and that the development of the site will be
subject to site plan and architectural review to insure the maximum utilization of natural and
passive heating and cooling oppommities.
D. The site is physically suitable for residential development and the proposal
conforms to all standards established by the City for such projects.
E. The conditions heroin imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extent to the impact created by the
proposed development
BE IT FURTHER RESOLVED that the City Council does hereby approve the Project
subject to the general and specific conditions set forth below:
VI. GENERAL CONDITIONS OF APPROVAL
The approval of the foregoing Project is hereby conditioned as follows:
Environmental:
Prior to the commencement of grading, temporary erosion control devices shall be
implemented. These devices include desilting basins, berms, hay bales, silt
fences, dikes and shoring. These measures shall be reflected in the grading and
improvement plans to the satisfaction of the City Engineer.
Prior to the issuance of any grading permit and/or public construction permit the
City Engineer shall verify that the final grading and improvement plans comply
with the provisions of California Regional Water Quality Control Board, San
Diego Region Order No. 2001-01 with respect to construction-related water
quality best management practices.
Prior to the issuance of any grading permit and/or public construction permit, the
Environmental Review Coordinator shall verify that the following condition is
included as a special note on the final grading and improvement plans. In order to
avoid impacts to raptor nests, tree removal shall either be avoided between
February 1 and July 31 or, if unavoidable, surveys of affected trees shall be
performed for active raptor nests by a qualified biologist to determine absence or
presence. If raptor nests are absent in the affected trees, construction may
proceed; if present, removal of trees with an active raptor nest shall be prohibited
and the qualified biologist shall resurvey the trees prior to tree removal. Prior to
tree removal between February 1 and July 31, a survey letter report prepared by a
Engineering:
6.
9.
10.
11.
Resolution 2003-017
Page 5
qualified biologist shall be submitted to the satisfaction of the Environmental
Review Coordinator.
Prior to the issuance of any grading permit and/or public construction permit, the
Environmental Review Coordinator shall verify that the following condition is
included as a special note On the final grading and improvement plans. In order to
avoid impacts to raptors from construction noise, avoidance of construction
between February 1 and July 31 is recommended or, if unavoidable, a survey shall
be conducted for active ~aptor nests within the potentially affected area by a
qualified biologist to determine absence or presence. If raptors nests are absent in
the affected trees, construction may proceed; if present, the qualified biologist
shall determine if construction may proceed and if so, shall monitor any raptor
nests at the beginning of construction activities and as deemed necessary by the
Environmental Review COOrdinator throughout construction to ensure that nesting
birds are not disturbed. Prior to the commencement of construction between
February 1 and July 31, a survey letter report prepared by a qualified biologist
shall be submitted to the satmfact~on of the Environmental Rewew Coordinator.
Prior to the issuance of any grading permit and/or public construction permit, the
City Engineer shall verify that the grading and improvement plans comply with
the provisions of California Regional Water Quality Control Board, San Diego
Region Order No. 2001-01 with respect to permanent, post-construction water
quality best management practices (BMPs). The permanent, post-construction
BMPs shall consist of bioSWales immediately south of the future Date Street cul-
de-sac with an energy dissipater, north of MSCP Preserve Area, or other filtration
system in this location acceptable to the City Engineer and Environmental Review
Coordinator.
Submit and obtain approval by the City Engineer of grading plans prepared by a
registered civil engineer. All grading and pad elevations shall be within 2 feet of
the grades and elevations shown on the approved tentative map or as otherwise
approved by the City Engineer and Planning Director.
Grading design shall be in accordance with Grading Ordinance 1797 as amended.
Ail grading shall be designed as to drain towards either the private access
driveway or onto Date Stxeet. Only undisturbed areas of the property will be
allowed to drain across the property line to the south.
Submit and obtain approval by the City Engineer for an erosion and sedimentation
control plan as part of grading plans.
Show the location of cut/fill lines based on existing topography on grading plans.
Show the location of flood lines within the property limits and within 50 feet of
the project boundaries.
Submit a list of proposed lots indicating whether the structure will be located on
fill, cut, or a transition between the two situations prior to approval of the final
map.
Resolution 2003-017
Page 6
12. Submit a detailed geotechnical report prepared and signed and stamped by both a
registered Civil Engineer and certified Engineering Geologist prior to approval of
grading plans and issuance of a grading permit.
13.
All onsite drainage facilities shall be private. Drainage at the south end of Date
Street onto the adjacent City property shall be designed to the satisfaction of the
City Engineer.
14.
Submit a precise drainage study prepared by a registered Civil Engineer and
approved by the City Engineer prior to issuance of a grading permit or other
development permit. Design of the drainage facilities shall consider existing
onsite and offsite drainage patterns. The drainage study shall show how
downstream properties and storm drain facilities are impacted. The extent of the
study shall be as approved by the City Engineer.
15.
Development of Park View Estates shall comply with all regulations established
by the United States Environmental Protection Agency (USEPA) as set forth in
the National Pollutant Discharge Elimination System (NPDES) permit
requirements for urban runoff and storm water discharge and any regulations
adopted by the City of Chula Vista pursuant to the NPDES regulations or
requirements.
16.
Paved access, fifteen feet wide minimum, is required to all existing sewer
manholes within the property capable of withstanding H-20 wheel loading with
no obstructions or parking within.
17.
Any existing sewer manholes within the project shall be adjusted to final grade to
the satisfaction of the City Engineer.
18.
All sewer laterals shall be privately maintained from the house to the City
maintained public sewer main.
19.
Half street improvements and transitions to existing pavement in Date Street shall
be required to the satisfaction of the City Engineer. Said improvements shall
include a half cul-de-sac with 30 foot radius, monolithic curb, gutter and
sidewalk, transition to existing pavement to provide adequate vehicle access and
turnaround area, installation of one 150 watt street light and installation of one
fire hydrant. Street improvements shall also include an appropriate drainage
structure to convey street runoff at the end of Date Street to the existing natural
drainage way to the south. Detailed horizontal and vertical alignment of the
centerline of Date Street shall be reflected on the improvement plans for the
development.
20.
The private access driveway to lots 3 through 5 shall be constructed of Portland
cement concrete and maintain a minimum width of 20 feet with no parking
allowed.
21.
Grant on the final map any necessary sewer easements to the City for the existing
8-inch public sewer main along the northerly property line to maintain a 15-foot
wide easement along the entire length of the sewer main.
22.
Resolution 2003-017
Page 7
Dedicate on the final map additional public street right-of-way on Date Street as
needed for the half cul-de-sac improvements.
23.
A reciprocal private access, parking sewer and general utility easement to
subsequent owners of Lots 3, 4 and 5 pursuant to the requirements of Section
18.20.150 of the Chula Vista Municipal Code shall be labeled on the final map.
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 approval by its Planning Commission, City Council or any
approval by its agents, officers, or employees wit regard to this subdivision
pursuant to Section 66499.37 of the State Map Act provided the City promptly
notifies the subdivider of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense.
25.
Agree to hold the City harmless from any liability for erosion, siltation or increase
flow of drainage resulting from this project.
26.
Agree to ensure that all franchised cable television companies ("Cable
Company") are permitted equal oppommity to place conduit and provide cable
television service to each lot within the subdivision. Restrict access to the conduit
to only those franchised cable television companies who are, and remain in
compliance with, all of the terms and conditions of the franchise and which are in
further compliance with all other rules, regulations, ordinances and procedures
regulating and affecting the operation of cable television companies as same may
have been, or may from time to time be issued by the City of Chula Vista.
27.
Present written verification to the City Engineer from Cai American water
company that the subdivision will be provided adequate water service and long-
term water storage facilities.
28. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83).
29.
Submit copies of the final map and improvement plan in a digital format such as
(DXF) graphic file prior to approval of the Final Map. Provide computer aided
Design (CAD) copy of the Final Map based on accurate coordinate geometry
calculations and submit the information in accordance with the City Guidelines
for Digital Submittal in duplicate on 3 ½ HD floppy disk prior to the approval of
the Final Map.
30.
The Declaration of Covenants, Conditions and Restrictions (CC&R's) shall
include provisions assuring maintenance of the private driveway to Lots 3, 4 and
5. 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.
31.
All utilities serving the property and existing utilities located within or adjacent to
the property shall be located underground in accordance with the Chula Vista
Municipal Code. New utilities serving the property shall be located underground
prior to issuance of building permits.
Resolution 2003-017
Page 8
32. Comply with all applicable sections of the Chula Vista Municipal Code.
Preparation of the Final Map and all plans shall be in accordance with the
provisions of the Subdivision Map Act and the City of Chula Vista Subdivision
Ordinance and Subdivision Manual.
Planning:
33.
The final map shall be prepared by a licensed Civil Engineer, and shall
incorporate all the conditions of approval and be completed to the satisfaction of
the Director of Planning and Building.
34.
Prior to any use of the project site or issuance of any building permits, all
conditions of approval shall be completed to the satisfaction of the Director of
Planning and Building.
35.
A conceptual landscape plan for street tree and front yard planting shall be
prepared by a registered Landscape Architect per Landscape Manual and shall be
submitted for review with the grading plan submittal and approved by the
Landscape Planner.
36.
A fencing plan shall be provided showing 6-ft. screening solid wood fencing
beyond the front yard setbacks between lots along the side and rear yard property
lines, to protect the adjacent preserve area within the Otay River Valley Regional
Park. The fencing plan shall be reviewed with the grading plan submittal and
approved by the Landscape Planner.
37.
A water management plan and irrigation plans for the front yard areas shall be
submitted along with the grading plan for review and approval by the Landscape
Planner.
38.
The Fire Department has indicated that a minimum fire flow of 1,000 gallons per
minute is required, and a permanent fire hydrant is required on the public street.
The utility and access easement shall be a minimum 20-fi. unobstructed width and
marked as a dedicated fire lane; however the turn-around or hammerhead shown
on the tentative map will not be required for this project, which would adversely
affect the development of lot four.
39.
The developer must submit a letter from the Fire Department to the California-
American Water Company stating the fire flow requirements. A preliminary
study of the project shows that a main extension of approximately 350-ft. of 6-
inch PVC pipe will be required in order to supply the proposed 6-inch fire hydrant
and provide new domestic water service installations.
40.
The Sweetwater Union High School District is requesting that the developer
annex the project into the Community Facility District No. 10 to mitigate project
impacts to the district. The developer will come to an agreement with the school
district prior to the issuance of building permits.
41.
The Chula Vista Elementary School District is requesting that the developer
annex the project into their new generic Community Facility District No. 10 to
mitigate project impacts to the district. The developer will come to an agreement
with the school district prior to the issuance of building permits.
42.
Resolution 2003-017
Page 9
Ensure with all utilities that the location of all existing utility facilities will be
protected in place prior to commencement of grading. All utilities shall be
underground within the subdivision.
43.
All Park and Recreation pad fees shall be paid at the issuance of the final map
pursuant to Chapter 17.10 of the Chula Vista Municipal Code.
44.
All building plans must comply with 2001 Energy requirements, 2001 Uniform
Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and 2001
National Electrical Code.
45.
Approval of this tentative subdivision map shall not waive compliance with all
sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City
Ordinances in effect at the time of building permit issuance.
46.
Comply with all other applicable sections of the Chula Vista Municipal Code,
including the Subdivision section that requires that the final map shall be
submitted within 36 months unless an application for an extension is made per
Section 18.12.140. Preparation of the Final Map and all plans shall be in
accordance with the provisions of the Subdivision Map ACt and the City of Chula
Vista Subdivision Ordinance and Subdivision Manual.
47.
Applicant/operator shall and does hereby agree to indemnify, protect, defend and
hold harmless City, its Council members, officers, employees, agents and
representatives, from and against any and all liabilities, losses, damages,
demands, claims and costs, including court costs and attorneys' fees (collectively,
"liabilities") incurred by the City arising, directly or indirectly, from (a) City's
approval and issuance of this tentative subdivision map, (b) City's approval or
issuance of any other permit or action, whether discretionary or non-discretionary,
in connection with the use contemplated herein. Applicant/operator shall
acknowledge their agreement to this provision by executing a copy of this
tentative subdivision map where indicated, below. Applicant's/operator's
compliance with this provision is an express condition of this tentative
subdivision map and this provision shall be binding on any and all of
Applicant's/operator's successors and assigns.
VII. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicant shall execute this document by signing the lines
provided below, said execution indicating that the property owner and applicant have each read,
understood, and agreed to the conditions contained herein. Upon execution, this document shall
be recorded with the County Clerk of the County of San Diego, at the sole expense of the
property owner and/or applicant, and a signed, stamped copy of this recorded document within
ten days of recordation to the City Clerk shall indicate the property owners/applicant's desire that
the project, and the corresponding application for building permits and/or a business license, be
held in abeyance without approval. Said document will also be on File in the City Clerk's Office.
Resolution 2003-017
Page 10
Signat~of Propert~y Owner
/~ ~0~
Date
VIII. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented and
maintained according to their terms, the City shall have the fight to revoke or modify all
approvals herein granted, deny, or further condition issuance of all future building permits, deny,
revoke, or further condition all certificates of occupancy issued under the authority of approvals
herein granted, institute and prosecute litigation to compel their compliance with said conditions
or seek damages for their violation. Developer or a successor in interest gains no vested rights
by the City's approval of this resolution.
IX. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this resolution is dependent upon
the enforceability of each and every term, provision, and condition herein stated; and that in the
event that any one or more terms, provisions, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall
be deemed to be automatically revoked and of no further force and effect ab initio.
Presented by
Approved as to form by
Robert A. Leiter
Planning & Building Director
~ Attorney
Resolution 2003-017
Page 11
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 14th day of January, 2003, by the following vote:
ATFEST:
Councilmembers:
Councilmembers:
Councilmembers:
AYES:
NAYS:
ABSENT:
Davis, Rindone, Salas, McCann and Padilla
None
None
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. 2003-017 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 14th day of January, 2003.
Executed this 14th day of January, 2003.
Susan Bigelow, City Clerk
PROJECT
LOCATIOIL_
CHULA VISTA PLANNING
LOC.A. TOI~ PROjE¢'r Park View Estates
ApPLtCANT:
PROJECT 387 Date Street
ADDRESS:
SCALE: I FlEE NUMBER:
NORTH No Scale IS-99-23
h:\home~planning\carlos\locators\is9923.cdr 4/20/99
AND BUILDING DEPARTMENT
PROJECT DESCRIPTION:
INITIAL STUDY
Request: Proposal for a tentative subdivision map 5 single
family dweflings in the Rt-5P (Single Family Zone-5000
sq. ft. min. lots size Precise Plan).
Related Case: PCS-99-05