HomeMy WebLinkAboutReso 2006-0082006-0479844
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Recording requested
by:
City of Chula Vista
After recording
return to:
City Clerk's Office
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
DOC # ~~006h0479844
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Document TitlI!
RESOLUTION NO. 2006-008
RESOLUTION NO. 2006-008
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ESTABLISHING
CONDITIONS OF A TENTATIVE MAP TO DIVIDE 11.46
ACRES LOCATED ON THE EAST SIDE OF BRANDYWINE
AVENUE, ACROSS FROM MENDOCINO DRIVE, INTO A
TWO-LOT CONDOMINIUM SUBDIVISION CONTAINING
104 RESIDENTIAL UNITS AND OPEN SPACE (EL DORADO
RIDGE)
I. RECITALS
A. Project; Application for Discretionary Approval
WHEREAS, on July 23, 2002, a duly verified application was filed with the City of
Chula Vista Planning and Building Department, and subsequently amended on October 14,2004,
requesting approval of a Tentative Subdivision Map to subdivide 11.46 acres into 104
condominium dwelling units (Project) by CVHI, LLC (Developer); and
WHEREAS, on January 10, 2006, the development of the Project Site received the
following discretionary approvals from the Chula Vista City Council: I) Zone Reclassification
PCZ-03-01, adopting an ordinance changing the zoning of the property from R-I-IOH to R-2-P;
and
B. Prior Discretionary Approvals
WHEREAS, on July 18, 2005, the development of the Project Site received discretionary
approval from the Design Review Committee for Design Review Application DRC-05-22 for a
104 unit multi-family condominium project; and
WHEREAS, on December 13, 2005, the development of the Project Site received
discretionary approval from the Chula Vista City Council of an amendment to the City's General
Plan to change the Residential Low-Medium (3-6 du/acre) designation to Residential Medium (6-
I I du/acre); and
C. Project Site
WHEREAS, the area of land commonly known as EI Dorado Ridge Tentative
Subdivision Map (PCS-03-01), Chula Vista Tract No. 03-01, 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 purpose of general description herein consists of I 1.46 acres
located on the east side of Brandywine Avenue, north of Main Street, across from Mendocino
Drive, located within the Residential Medium Designation (6-1 I dwelling units per acre) of the
General Plan, and the Residential Single Family (R-2-P) zone (One and Two Family Residential
Zone, Precise Plan ModifYing District), consisting of APN 644-010-27-00 (Project Site); and
Resolution No. 2006-008
Page 2
D. Environmental Determination
WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project
for compliance with the California Environmental Quality Act (CEQA) and has conducted an
Initial Study, IS-02-45 in accordance with CEQA; and
WHEREAS, based on the results of the Initial Study, the Environmental Review
Coordinator has determined that the project could result in significant effects on the
environment. However, revisions to the project made by or agreed to by the Developer would
avoid the effects or mitigate the effects to a point where clearly no significant effects would
occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative
Declaration, IS-02-045; and
WHEREAS, on August 1,2005, the Resource Conservation Commission determined that
Initial Study IS-02-45 for the Project was adequate, and recommended adoption of the Mitigated
Negative Declaration, IS-02-45. Furthermore, on November 30, 2005, the Planning Commission
also recommended adoption of Mitigated Negative Declaration IS-02-45; and
E. Planning Commission Record on Applications
WHEREAS, the Planning Commission held a noticed public hearing on the Project on
November 30, 2005, and after hearing staffs presentation and public testimony voted 5-0-2 to
recommend that the City Council approve the Project, in accordance with the findings and
subject to the conditions listed below; and
F. City Council Record on Applications
WHEREAS, the City Clerk set the time and place for the public hearing on the Project's
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, its mailing to property
owners within 500 feet of the exterior boundary of the Project, at least 10 days prior to the
hearing; and
WHEREAS, the duly called and noticed public hearing on the Project was held before the
City Council of the City of Chula Vista on January 10, 2006, in the Council Chambers, 276
Fourth Avenue, at 4:00 p.m. to receive the recommendations of the Planning Commission, and to
hear public testimony with regard to the same.
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 introduced before the Planning Commission at its
public hearing on the Project held on November 30, 2005 and the minutes and Resolution
resulting thereffom, are hereby incorporated into the record of this proceeding.
Resolution No. 2006-008
Page 3
III.CERTIFICATION OF COMPLIANCE WITH CEQA AND INDEPENDENT
JUDGMENT OF CITY COUNCIL
The City Council has exercised their independent review and judgment and concurs with
the Planning Commission, Resource Conservation Commission, and Environmental Review
Coordinator's determination that Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program (IS-02-045), in the form presented, has been prepared in accordance with
requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines
and the Environmental Review Procedures of the City of Chula Vista.
IV. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Sections 65350 et. seq. (Planning and Zoning Law), and
66473.5 (Subdivision Map Act), the City Council finds that the Project, as conditioned
herein, is in conformance with the elements of the City's General Plan, as approved on
December 13, 2005, based on the following:
1. Land Use
The project will be developed at a density of 9.1 dwelling units per acre, which is
within the allowable residential density range of 6-11 dwelling units per acre. The
project design is consistent with the clustering provision of the Land Use Element,
because the clustered design will preserve significant areas of steep slope and
sensitive plant habitat. Also, the project proposes an attached townhome development
which will be consistent with the character intended for a Residential Medium area,
and will be more compatible with the development of the surrounding area, which
transitions from single family to multi-family to industrial. The proposed project
provides a broader range of housing opportunities in the southeastern portion of the
City.
2. Circulation
The Developer will construct the on-site private streets, and the off-site public streets
required to serve the subdivision already exist. Required public street improvements
will be provided by the Developer through the attached Conditions of Approval. The
private streets within the Project will be designed in accordance with the City design
standards and/or requirements and provide for vehicular and pedestrian connections.
A traffic report has been prepared for the project, which determined that the project
would not adversely affect the surrounding neighborhood.
3. Public Facilities
The Project has been conditioned to ensure that all necessary public facilities and
services will be available to serve the Project concurrent with the demand for those
services. There are no public service, facility, or phasing needs created by the Project
that warrants the preparation of a Public Facilities Financing Plan, therefore this
requirement is waived.
Resolution No. 2006-008
Page 4
4. Housing
The Project is consistent with the density prescribed within the Residential - Medium
General Plan designation, approved by the City Council on December 13, 2005, and
the Project provides additional opportunities for multi-family residential home
ownership. The Project has been conditioned to require that the Developer enter into
an agreement with the City to provide low and moderate-income housing consistent
with the City's Affordable Housing Program, Policy 3.1.2 of the City's Housing
Element, prior to the approval of the final map.
5. Growth Management
The Project is in compliance with applicable Growth Management Element
requirements because there are no public service, facility, or phasing needs that
warrant the preparation of a Public Facilities Financing Plan.
6. Open Space and Conservation
The project proposes clustering of the development of dwellings on the lower
elevations in order to preserve steep slopes and sensitive plant habitat. The
Environmental Review Coordinator has prepared a Mitigated Negative Declaration,
IS-02-045, which addressed the goals and policies of the California Environmental
Quality Act, and found the development of the site to be consistent with the goals and
policies ofthe Conservation Element.
7. Parks and Recreation
The Project includes adequate areas for on-site, privately maintained open space to
serve each dwelling unit, and has been conditioned to pay park acquisition and
development fees prior to recordation of the Final Map.
8. Safety
The City Engineer, Fire and Police Departments have reviewed the proposed
subdivision for conformance with City safety policies and have determined that the
proposal, as conditioned, meets those standards. A Fire Protection Plan has been
prepared and approved by the City Fire Marshal.
9. Noise
The Project has been reviewed for compliance with the Noise Element and will
comply with applicable noise measures at the time of issuance of the building permit.
The Project has been conditioned to require that all dwelling units be designed to
preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA
for all outside private yard areas.
~ ---------,------... -
Resolution No. 2006-008
Page 5
10. Scenic Highwav
This Project Site IS not located adjacent to or visible from a designated scemc
highway.
II. Seismic Safetv
A preliminary geotechnical investigation has been prepared for the project, which
determined that a trace of the potentially active Nacion Fault is present on the
property. The report recommended that certain geotechnical mitigation measures be
required, which have been included in the Mitigated Negative Declaration as
conditions of approval. Also, another condition of approval has been included which
requires that a detailed soils report and geo-technical study be prepared in conjunction
with grading plans, and that the Developer follw the recommendations of the
geotechnical report and study prepared in conjunction with the grading plans.
B. Pursuant to Govemment Code Section 66473.1 of the Subdivision Map Act, the City
Council finds that 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 opportunities.
C. 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.
D. The site is physically suited for residential development because those portions ofthe site
which are not suitable for residential development due to presence of sensitive biological
resources and steep slopes will be protected in a separate open space lot, while a
residential lot will be created for the developable portion of the site, which will be graded
and developed in a manner that conforms to all standards established by the City for a
residential development.
E. The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extend 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 special conditions set forth below.
V. GENERAL CONDITIONS OF APPROVAL
A. Project Site is Improved with Project.
Resolution No. 2006-008
Page 6
The Developer, or his/her successors in interest and assigns, shall improve the Project Site
with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 03-01,
EI Dorado Ridge.
VI. SPECIAL CONDITIONS OF APPROVAL
A. The conditions herein imposed on the tentative map approval or other entitlement herein
contained is approximately proportional both to nature and extent of impact created by the
proposed development. Unless otherwise specified, all conditions and code requirements
listed below shall be fully completed by the Developer or successor-in-interest to the City's
satisfaction prior to approval ofthe Final Map, unless otherwise specified:
GENERAL! PLANNING AND BUILDING
1. All of the terms, covenants and conditions contained herein shall be binding upon and
inure to the benefit of the heirs, successors, assigns and representatives of the Developer
as to any or all of the property.
2. Developer and/or his/her successors in interest, shall comply, remain in compliance and
implement, the terms, conditions and provisions, as are applicable to the property which
is the subject matter of the Zone Reclassification, and Tentative Subdivision Map, as
recommended for approval by the Plarming Commission on November 30, 2005, 2005,
and the Notice of Decision for Design Review Permit DRC-05-22, approved by the
Design Review Committee on July 18,2005. Prior to approval of the Final Map for the
project, the Developer shall enter into an agreement with the City, providing the City
with such security and implementation procedures as the City may require compliance
with the above regulatory documents. The Agreement shall also ensure that, after
approval of the Final Map, the Developer and his/her successors in interest will continue
to comply, remain in compliance, and implement such Plans.
3. Any and all agreements that the Developer is required to enter into hereunder shall be in a
form approved by the City Attorney.
4. Design and construct all street improvements in accordance with Chula Vista Design
Standards, Chula Vista Street standards, and the Chula Vista Subdivision Manual unless
otherwise approved by the City Engineer. Where proposed street improvements do not
meet City standards, the Project engineer shall submit a written signed and stamped
request to deviate trom City standards and that the deviation shall not reduce public
safety and the deviation conforms to common engineering practices and standards.
5. Guarantee the construction of public street improvements deemed necessary to provide
service to the subject subdivision in accordance with City standards.
6. Provide evidence to the satisfaction of the City Engineer of ties to established survey
monuments to the proposed street centerlines prior to issuance of any grading or
construction permits or approval of the Final Map.
Resolution No. 2006-008
Page 7
7. Prior to issuance of a grading permit, the Developer shall prepare, submit and obtain the
approval by the Director of Planning and Building or designee a landscape slope erosion
control plan. All plans shall be prepared in accordance with the current Chula Vista
Landscape Manual and Grading Ordinance 1797 and shall provide I I-gallon tree or
shrub per every 100 square feet. Plans shall be prepared by a registered Landscape
Architect pursuant to the City's Landscape Manual, City Grading Ordinance and
Subdivision Manual.
8. Brow ditches or drainage swales that cross over enhanced pedestrian paving crossings
shall be similarly enhanced to match the enhanced pedestrian paving design.
9. Detailed street tree Plans for the Project shall be submitted concurrent with grading plan
submittal and approved prior to approval of the Grading Permit by the Director of
Building and Planning or designee. Plans shall be prepared by a registered Landscape
Architect pursuant to the City's Landscape Manual, City Grading Ordinance and
Subdivision Manual.
10. All retaining wall footings that occur within planter areas shall be of a deep-footed design
to accommodate shrub plantings and tree planting where occur. In some cases this may
be a specially designed footing to satisfy this condition. The tree and shrub plantings
shall conform to the approved landscape concept plan.
II. Developer shall comply with all applicable sections of the Chula Vista Municipal Code,
the City Growth Management Ordinance, and the City's General Plan, as amended from
time to time. The Developer shall prepare any final maps and all plans in accordance
with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision
Ordinance, Grading Ordinance, the Landscape Manual, and Subdivision Manual.
12. All project landscaping shall conform to the design elements of the City's Landscape
Manual, and requirements of the DRC-05-22 Notice of Decision.
13. If any of the terms, covenants or conditions contained herein shall 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 right to revoke or modify all approvals herein granted including issuance of
building permits, deny, or further condition the subsequent approvals that are derived
from the approvals herein granted, institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. The Developer shall
be notified in writing 10 days in advance prior to any of the above actions being taken by
the City and shall be given the opportunity to remedy any deficiencies identified by the
City.
14. Submit a "Recycling and Solid Waste Management Plan" which has been approved by
the City of Chula Vista Conservation Coordinator. The plan shall demonstrate those steps
the Developer will take to comply with Municipal Code, including but not limited to
Sections 8.24 and 8.25, and meet the State mandate to reduce or divert at least 50 percent
Resolution No. 2006-008
Page 8
of the waste generated by all residential, commercial and industrial developments. The
Developer shall contract with the City's franchise hauler throughout the construction and
occupancy phase of the project. The plan shall incorporate trash enclosures which are
designed to comply with the City's N.P.D.E.S. permit if applicable, to provide
compatibility with the architectural style of the development, and to enhance trash
enclosure doors where they are highly visible.
15. Developer shall diligently implement, or cause the implementation of all mItigation
measures pertaining to the Project identified in Mitigated Negative Declaration, IS-02-45.
Mitigation measures not satisfied by a specific condition of this Resolution or by Project
design shall be implemented to the satisfaction of the Director of Planning and Building.
Mitigation Measures shall be monitored via the Mitigation Monitoring Program approved
in conjunction with the above Mitigated Negative Declaration. Modification of the
sequence of mitigation shall be at the discretion of the Director of Planning and Building
should changes in the circumstances warrant such revision.
16. Developer and/or its successors-in-interest shall, to the satisfaction of the Environmental
Review Coordinator, deposit funds sufficient to pay the costs associated with the hiring
of a Mitigation Monitor (biological specialist) to oversee the implementation of the
biological mitigation measures identified in the IS-02-45 Mitigation Monitoring and
Reporting Program.
17. Obtain approval ofrevised street names to the satisfaction ofthe Director of Planning and
Building and City Engineer. Updated street names shall be noted on the Final Map. The
Map shall show that a segment of Vista Las Palmas has been re-named to eliminate one
of the two intersections of Vista Del Agua and Vista Las Palmas, and that the project
entry street be re-named.
18. Comply with the following requirements of the Fire Protection Plan dated June 27, 2005,
Section 5.0 - "Recommended Fuel Modification Treatments and Fuel Treatment Location
Map", to the satisfaction of the Fire Marshall, and Environmental Review Coordinator:
5.2.1 through 5.2.7 Mandated Inclusions in the EI Dorado Ridge Covenant and
Agreement (CC&R's).
GRADING/DRAINAGE/NPDES
16. Developer shall comply with the NPDES Municipal Permit, Order No. 2001-01 since
home subdivisions of 10 housing units or more are considered Priority Development
Projects. Developer shall meet the requirements of the Standard Urban Storm Water
Mitigation Plans (SUSMPs) and Numeric Sizing Criteria. All runoff shall be collected
and pre-treated prior to discharge to the public storm water conveyance system.
17. Developer shall complete the applicable forms (see City of Chula Vista's Development
and Redevelopment Storm Water Management Requirements Manual) and comply with
the Manual's requirements.
Resolution No. 2006-008
Page 9
18. Developer is required to obtain City approval of a Water Quality Technical Report to
identifY potential pollutants generated at the site during the post-development phase of
the project and to identifY/propose appropriate structural and non-structural Best
Management Practices (BMPs) to minimize discharge of such pollutants to the maximum
extent practicable. Said report shall address run-on from upstream, off-site sources and
the potential for the discharge of sewage ITom on-site wastewater collection systems. A
hydrology study is required. Such study shall, in particular, demonstrate that the post-
development flow rate for a given design storm does not exceed the pre-development
flow rate at the outlet of the subdivision.
19. Development of this project shall comply with all requirements of State Water Resources
Control Board (SWRCB) (NPDES General Permit No. CAS000002, Waste Discharge
Requirements for Discharges of Storm Water Runoff Associated with Construction
Activity. In accordance with said Permit, a Storm Water Pollution Prevention Plan
(SWPPP) and a Monitoring Program Plan shall be developed and implemented
concurrent with the commencement of grading activities. The SWPPP shall specifY both
construction and post-construction structural and non-structural pollution prevention
measures. The SWPPP shall also address operation and maintenance of post-construction
pollution prevention measures, including short-term and long-term funding sources and
the party or parties that will be responsible for the implementation of said measures.
20. Developer shall complete an accurate Notice-of-Intent (N0l) and file it with the
SWRCB. A copy of the acknowledgement ITom the SWRCB that a NOl has been
received for this project shall be filed with the City of Chula Vista when received;
further, a copy of the completed NOl from the SWRCB showing the Permit Number for
this project shall be filed with the City of Chula Vista when received.
21. Developer shall submit a 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 state that the analysis provided in the study
meets the minimum requirements of the City of Chula Vista Subdivision Manual and
shall show:
i) How downstream properties and storm drain facilities are impacted. The extent of
the study shall be as approved by the City Engineer.
ii) Inlet sizing and dry lane calculations showing the adequacy of existing downstream
facilities to the satisfaction of the City Engineer.
iii) Pre/post-development conditions, and that the post-development flow rate from a
given design storm does not exceed the pre-development flow rate at the outlet of
the subdivision boundary. A detention basin or other mitigation measures may be
required.
iv) Any proposed drainage easements.
v) That cross-lot drainage does not occur.
vi) Offsite and onsite drainage basins and sub-basins before and after development.
Resolution No. 2006-008
Page 10
vii) Contour lines before and after grading.
viii) Discharge figures before and after development at main discharge points.
22. Developer shall provide an emergency overflow swale for all drainage catch basins
located in the rear of any building. Further, Developer shall not cause the flows of said
swales to be restricted by either landscaping facilities or walls.
23. Developer shall submit and obtain approval by the City Engineer for an erosion and
sedimentation control plan as part of grading plans.
24. Developer shall show the location of cut/fill lines based on existing topography on
grading plans.
25. Developer shall provide a list of proposed lots indicating whether the structure will be
located on fill, cut, or a transition between the two situations prior to building permit
Issuance.
26. All drainage access points shall be designed to have reasonable access for maintenance
vehicles, to the satisfaction of the City Engineer.
27. The developer shall submit a detailed geotechnical report signed by a registered
engineering geologist for the project concurrent with grading plan submittal. Said
geotechnical report shall show all subsurface exploration locations, faults locations near
the project, state minimum setbacks from fault lines and slopes, identifY corrections for
potential slope failures, sub drain locations and where said drains will tie into a drainage
system. Said soils report shall also address the stability of the slope and wall adjacent to
the pool on the east side of the project.
28. Prior to the issuance of any grading permit which impacts off-site property, the
Developer shall deliver to the City, a notarized letter of permission to grade and drain for
all off-site grading.
29. All existing survey monuments shall be shown on the grading and improvement plans for
the project. Developer shall also provide a centerline survey monument at the
intersection of the entry road with Brandywine Ave.
SEWER / WATER
30. Developer shall present written verification to the City Engineer and from the Otay Water
District that the subdivision will be provided adequate water service and long term water
storage facilities, and that the subarea master plan has been prepared and approved.
Water availability is subject to all Otay Water District requirements in effect at the time.
31. Submit improvement plans for approval by the Otay Water District.
Resolution No. 2006-008
Page II
32. If project water servIce IS private, a master meter and backflow preventer will be
required.
33. If service laterals do not exist, Developer will be required to pay the Otay Water District
to have them installed.
34. Each service must have an approved RIP Backflow Device purchased and installed by
Developer.
35. Prior to the purchase of any meters, irrigation plans must be 1) designed to reclaimed
standards/specifications, if required by the Otay Water District and City Engineer; and 2)
submitted to the Otay Water District and the County Department of Environmental
Health for plan check and approval.
36. Only that portion of the sewer between Manholes 1 and 14 and between Manholes 14 and
26 will be publicly maintained. All other sewers shall be private and shall be maintained
by the Home Owner Association.
37. Full access to the existing public sewer must be maintained at all times for maintenance
purposes, including during construction. New easements will be required and the sewer
access road shall be designed using a minimum Traffic Index of 5.0.
38. Developer shall submit a sewer analysis/study to verify that the existing inrrastructure
can accommodate the proposed project. Any proposed 90-degree turn in a sewer main
shall be made with two 45-degree turns.
39. Developer shall remove or abandon the existing sewer system located at the south edge of
the project in accordance with the conditions and requirements of the City Engineer.
40. All internal streets shall be private and constructed as shown on the Tentative Map. The
Tentative Map shall be revised to show 24 foot wide private streets with the exception of
22 feet for Via Dorado (Street C) and the northerly segment of Vista Del Agua (Street A),
including a note requesting said waiver, to the satisfaction of the Director of Planning and
City Engineer.
41. Developer shall construct or enter into an agreement to construct and secure all private or
public street improvements in accordance with Chula Vista Design Standards, Chula
Vista Street standards, and the Chula Vista Subdivision Manual unless otherwise
approved by the City Engineer. Developer shall obtain City Engineer's approval of
detailed improvement plans prepared by a registered civil engineer licensed in the State
of California detailing horizontal and vertical alignment of said streets. Said
improvements shall include, but not be limited to, asphalt concrete pavement, base,
concrete curb, gutter, sidewalk, pedestrian ramps, street signs, street name signs, striping,
sewer and water utilities, drainage facilities, street lights, guard rails and fire hydrants.
Resolution No. 2006-008
Page 12
42. Developer shall Guarantee, prior to approval of the final map, the construction of public
street improvements deemed necessary to provide service to the subject subdivision in
accordance with City standards.
43. The Developer shall provide 80 feet of right-of-way along Brandywine Avenue and shall
construct all public street improvements and dedicate any right of way necessary along
Brandywine Avenue to the satisfaction of the City Engineer, including but not limited to:
sewer manholes, cross-gutters, sidewalks, streetlights, bike lanes, signing and striping.
44. Developer shall be responsible for installing street trees in accordance with Section
18.28.10 of the Municipal Code.
45. Developer shall obtain the City Engineer's approval for the design section of private
streets with a minimum structural section of3" A.C. on 4" of aggregate base.
46. Developer shall demonstrate that adequate turning radiuses have been provided for fire
trucks and trash trucks prior to grading permit issuance.
EASEMENTS
47. Developer shall provide easements for all off-site public storm drains and sewer facilities
prior to approval of each final map requiring those facilities. The easements shall be sized
as required by the City of Chula Vista Standards, unless otherwise approved by the City
Engineer.
48. The developer shall notifY the City at least 60 days prior to consideration of the first map
by City if any 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
developer shall:
a. Pay the full cost of acquiring off-site right-of-way and/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 and/or
easements. Said estimate to be approved by the City Engineer.
c. Have all easements and/or right-of-way documents and plats prepared and
appraisals complete which are necessary to commence condemnation proceedings
as determined by the City Attorney.
d. Request that the City use its powers of Eminent Domain to acquire right-of-way,
easements or licenses needed for off-site improvements or work related to the
final map. The developers shall pay all costs, both direct and indirect incurred in
said acquisition including the cost of appraisals.
The requirements of a, b and c above shall be accomplished prior to the approval of the
final map.
Resolution No. 2006-008
Page 13
49. Developer shall grant to the City a 15' drainage easement and improved all-weather
access with H-20 loading for all public storm drain systems or as otherwise approved by
the City Engineer.
50. Prior to the approval of each final map, the City Engineer may require either the removal
or the subordination of any easement, wlrich may unreasonably interfere with the full and
complete exercise of any required public easement or right-of-way.
51. The fifteen-foot (15') sewer easement at the southerly boundary shall be vacated where
the existing sewer is proposed to be removed.
52. Site visibility easements shall be provided at all corner lots and the project entrance and
shall be shown on all the plans. Sight distance obstructions greater than 3.5 feet
measured rrom street pavement grade shall not be permitted within the sight visibility
easements.
53. All open space lots shall be irrevocably offered to the City on the Final Map as required
by the City Engineer.
AGREEMENTS
54. Developer and/or hislher successors in interest 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
Councilor any approval by its agents, officers, or employees with regard to this
subdivision pursuant to Section 66499.3 7 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.
55. Developer and/or hislher successors in interest agree to defend, indemnify, and hold the
City, its agents, officers, and employees harmless from any claims asserted for liability
for erosion, siltation, increase flow of drainage, or spillage of sewage resulting rrom this
Project, now and in the future.
56. Developer and/or hislher successors in interest agree to ensure that all franchised cable
television companies ("Cable Company") are permitted equal opportunity to place
conduit and provide cable television service to each lot within the subdivision. Restrict
access to the conduit to only those rranchised 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.
Resolution No. 2006-008
Page 14
57. Developer and/or his/her successors in interest agree to defend, indemnify, and hold the
City, its agents, officers, and employees harmless trom any liability for erosion, siltation
or increase flow or drainage alleged to result from this project.
58. Developer shall 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.
59. Pay in full any unpaid balance for the General Plan, Rezone and Tentative Map Deposit
Account No. DQ-839.
60. Developer agrees to annex to or participate in an existing Community Facilities District
for the Chula Vista Elementary School District, or pay developer fees as required by
State Law, to the satisfaction of the Chula Vista Elementary School District.
MISCELLANEOUS
64. Developer shall tie the boundary of the subdivision to the California System-Zone VI
(NAD '83).
65. 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
standard CD-Rom disk prior to the approval of the Final Map. Further, Developer shall
submit a digital site detailing building footprints in California Coordinates for the
purpose of issuing addresses for the project.
66. The Home Owner Association (HOA) will be responsible for maintenance of the storm
drain system and the wastewater collection systems, except for the continuation of the
existing public sewer main to Brandywine Avenue, which will be maintained by the City.
67. Prior to the approval a Final Map, a Declaration or Supplementary Declaration of
Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to the
approval of the City Engineer and City Attorney. The CC&R's shall include the
following obligations ofthe Homeowners Association (HOA):
1. A requirement that the HOA shall maintain comprehensive general liability
insurance against liability incident to ownership or use of the following areas:
-All open space lots that shall remain private;
-Other Master Association property.
11. Before any revisions to provisions of the CC&R's that may particularly affect the
City can become effective, said revisions shall be approved by the City. The
HOA shall not seek approval trom the City of said revisions without the prior
Resolution No. 2006-008
Page 15
consent of 100 percent of the holders of first mortgages or property owners within
the HOA.
111. The HOA shall defend, indemnify and hold the City harmless from any claims,
demands, causes of action liability or Joss related to or arising from the
maintenance activities of the HOA.
IV. The HOA shall not seek to be released by the City from the maintenance
obligations described herein without the prior consent of the City and 100 percent
of the holders of first mortgages or property owners within the HOA.
v. The HOA is required to procure and maintain a policy of comprehensive genera]
liability insurance written on a per occurrence basis in an amount not less than
one million dollars combined single limit. The policy shall be acceptable to the
City and name the City as additionally insured to the satisfaction of the City
Attorney.
VI. The CC&R' s shall include provisions assuring maintenance of all open space lots,
streets, driveways, drainage and sewage systems which are private.
Vll. The CC&R's shall include provisions assuring HOA membership in an advance
notice such as the USA Dig Alert Service in perpetuity.
Vlll. The CC&R's shall include provisions that provide the City has the right but not
the obligation to enforce the CC&R provisions the same as any owner in the
project.
IX. The CC&R provisions setting forth restrictions in these Tentative map conditions
may not be revised at any time without prior written permission of the City.
X. The HOA shall not dedicate or convey for public streets, land used for private
streets without approval of 100% of all the HOA members or holder of first
mortgages within the HOA.
Xl. The HOA shall maintain all water quality facilities III conformance with the
NPDES Municipal Permit, Order No. 200] -01.
Xli. The CC&R's shall include provisions assuring compliance with the solid waste
and recycling program requirements, to the satisfaction of the City Conservation
Coordinator.
Xlll. The HOA shall maintain all landscaping installed in common areas as defined by
the CC&R's, including street trees located in the private landscape buffer along
Brandywine Avenue, as required by the project's detailed landscape improvement
plans.
Resolution No. 2006-008
Page 16
L_.._____
XIV. CC&R's shall include those provisions required by the conditions of approval of
DRC-05-22 dated 7/18/05.
68. Developer agrees to submit Homeowners Association budget for review and approval by
the City Engineer for the maintenance of private streets, water quality improvements,
storm drains, sewage systems, electrical system, plumbing and roof. More specifically,
said budget shall include the following provisions and maintenance activities:
a. Streets must be sealed every 7 years and ovedaid every 20 years.
b. Sewers must be cleaned once a year with the contingency for emergencies.
c. Red curbs/striping must be painted once every three years. .
d. The Homeowners Association shall be responsible for service utilities including
water and sewer, and the billing and payment of these utility costs.
e. Storm Water quality facilities inspected prior to and after every rain event and
cleaned as necessary (twice a year minimum); media inserts replaced as
recommended by the manufacturer; with a contingency for emergencies. The
budget shall also include a monitoring program including sampling and
preparation of an annual report, when required by the City.
f. Establishment of a capital fund that wi1l adequately cover the expected costs
associated with repairing or rep1acing the Project/complex's electrical system,
plumbing system and roof.
69.
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.
70.
Developer shall provide fire sprinkler systems as determined by the Fire Marshal.
Developer further agrees that in multi-family dwellings, if a sprinkler system is required
for one building, all buildings in the project shall be sprinklered.
71.
Submit a letter to City Fire Marshall showing compliance with CVFD Policy 2916.00.
72.
Developer shall install and make operable the fire hydrants, emergency vehicular access
and street signs prior to delivery of combustible building materials, to the satisfaction of
the City Fire Marshal. Said hydrant locations shall be shown on the improvement plans.
73.
Provide precise underground fire service plans prior to locating Fire Department
connections and post indicator valves, with placements to be approved by CVFD. All
Fire Department connections must not be any closer than three feet to the face of curb.
Resolution No. 2006-008
Page 17
74. Provide a water flow analysis for the underground fire service utility. Show all
calculations on a point-to-point system. Provide proof that the most remote fire hydrant
can produce a minimum flow of 1,500 gpm for 2 hours at 20 psi.
75. All underground fire service installation is to be inspected by CVFD. Call 72 hours in
advance to schedule an appointment.
76. Provide contractors material and test certificate for underground pipe.
77. Prior to the approval of the final map, Developer shall enter into an agreement to provide
affordable housing to low and moderate income households, consistent with the Cities'
Housing Element, as may be amended from time to time, to the satisfaction of the
Director of the Community Development and Planning and Building Departments. Such
agreement shall include appropriate text, maps, tables or figures to delineate how and
when the required affordable units will be provided.
78. The Developer acknowledges that the City Council may, from time-to-time, modify air
quality improvement and energy conservation measures as technologies and/or programs
change or become available. The Developer shall modify the AQIP to incorporate those
new measures upon request of the City, which are in effect at the time, prior to or
concurrent with each map approval within the Project. The new measures shall apply to
development within all future map areas, but shall not be retroactive to those areas, which
receive final map approval prior to effect of the subject new measures. The Developer
acknowledges and agrees that the City has adopted the City of Chula Vista Air Quality
Improvement Plan Guidelines (AQIP Guidelines) as approved per Resolution No. 2003-
260 and that such guidelines as approved and as may be amended from time-to-time shall
be implemented.
79. The Developer acknowledges that the City Council may, from time-to-time, modify
water conservation measures as technologies and/or programs change or become
available. The Developer shall modify the WCP to incorporate those new measures upon
request of the City, which are in effect at the time, prior to or concurrent with each map
approval within the Project. The new measures shall apply to development within all
future map areas, but shall not be retroactive to those areas, which receive final map
approval prior to effect of the subject new measures. The Developer acknowledges and
agrees that the City has adopted the City of Chula Vista Water Conservation Plan
Guidelines (WCP Guidelines) as approved per Resolution No. 2003-234 and that such
guidelines as approved and as may be amended from time-to-time shall be implemented.
80. Remit to the City, Parkland Development Obligation and In-Lieu of Dedication fees for
104 Multi-family residential lots, pursuant to Chapter 17.10 of the Municipal Code, to
that satisfaction of the Landscape Architecture Division of the Department of General
Services.
Resolution No. 2006-008
Page 18
B. The following Conditions of Approval shall be satisfied prior to issuance of the first building
pennit or installed prior to final inspection for the Project, as detennined by the Director of
Planning and Building, unless otherwise noted:
I. The Developer shall implement the final AQIP measures as approved by the City
Council, as may be amended from time to time, and to comply and remain in compliance
with the Air Quality Improvement Plan (AQIP).
2. The Developer shall implement the fmal WCP measures as approved by the City Council,
as may be amended from time to time, and to comply and remain in compliance with the
Water Conservation Plan (WCP).
3. Comply with the following requirements of the Fire Protection Plan dated June 27, 2005,
Section 5.0 - "Recommended Fuel Modification Treatments and Fuel Treatment Location
Map", to the satisfaction of the Fire Marshall:
5.1.1 Fuel Modification Requirements for Irrigated Zone I;
5.1.2 Pennanently Irrigated Zone 2A Manufactured Slopes Common Areas;
5.1.3 Emergency Irrigated Natural Slope Zone 2B with Selective Weed
Maintenance;
5.1.4 Emergency Irrigated Zone 2C (Natural slope);
5.1.5 Standard Fire Protection Features;
5.1.6 Enhanced Fire Protection Features;
5.1.7 Six-foot Tall Solid Non-Combustible Wall;
5.1.8 Emergency Only Activated Exterior Sprinkler System;
5.1.8 Homeowner Education;
5.1.9 Fire Protection Plan Review
4. Provide an illuminated directory at the entrance to the project, to be approved by the
Chula Vista Fire Department. .
5. Provide Strobe/Opticom system, a Knox key override switch for all motorized gates with
Opticom, and click-to enter systems for emergency vehicle access.
6. Submit a letter from Firewise 2000 or other qualified consultant approved by the Fire
Marshall, indicating that they have reviewed construction plans, perfonned all necessary
inspections and that all measures contained in the approved Fire Protection Plan dated
June 27, 2005 have been met, or will be met prior to final inspection.
7. Developer shall obtain the approval of the City's Fire Marshall and Police Chief for any
proposed gated entry.
8. The gated entry must be fully accessible at all times to City Public Works Operations
maintenance staff; such access shall be as approved by the Director of Public Works
Operations and the City Engineer.
Resolution No. 2006-008
Page 19
9. Obtain approval of street addresses to the satisfaction of the Director of Planning and
Building and City Engineer.
10. Design all dwelling units to preclude interior noise levels over 45dBA and exterior noise
exposure over 65 dBA for all outside private yard areas.
11. Pay all costs to abandon the existing unused utilities and to relocate existing utilities in
conflict with this Project. The Developer shall also reconnect the plumbing of these
existing customers to the relocated services. The Developer shall be responsible to
survey, describe and record any easements needed for private consumer lines associated
with utilities.
12. Submit a detailed wall/fencing plan indicating color, materials, height and location of
rreestanding wa1ls, firewalls, retaining walls, and patio and safety fencing to the Director
of Planning and Building for approval prior to issuance of the first grading permit. The
wall plan shall comply with requirements of the Notice of Decision of DRC-05-22, and
include details such as accurate dimensions, complete cross-sections showing required
walls, adjacent grading, drainage features, fire rating specifications, landscaping,
road/trail/sidewalk improvements, and the location of typical residential structures.
Materials and color of all walls or fences facing public or private streets, private parks or
pedestrian connections shall be constructed of a decorative materials and shall be
compatible with architecture of the adjacent building. The Developer shall submit a
detail and/or cross-section of the maximum/minimum conditions for all "combination
walls," which include retaining, firewall and rreestanding walls, as part of said wall plan.
All required fencing designated as safety fencing, such as for detention basins, shall be
shown on the detailed wall/fencing plan. 1n addition to satisfying all safety requirements,
the safety fencing shall be constructed of decorative materials and be architecturally
compatible with other project fencing.
13. Submit a phasing plan showing sequence of construction and occupancy of the project,
including installation of landscaping, recreation amenities, utilities, and fire protection
improvements.
14. Developer agrees to pay the all applicable fees in accordance with the City Code and
Council Policy including applicable Transportation Development Impact Fees (TDIF)
and Public Facilities Development Impact Fees ("PFDIF").
15. Comply with all requirements of the Final Notice of Decision for Design Review Permit -
DRC-05-022 dated July 18,2005.
16. If the approved Tentative Map conditions of approval conflicts or varies with Design
Review Permit conditions of approval, as determined by the Director of Planning and
Building, the Tentative Map requirements shall control and supercede, with exception of
design matters subject to the City's Design Manual.
Resolution No. 2006-008
Page 20
VII. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the Developer shall execute this document by signing the lines
provided below, said execution indicating that the property owner and Developer have each
read, understood, and agreed to the conditions contained herein. Upon execution, this
document shall be recorded with the County Recorder of the County of San Diego, at the sole
expense of the property owner and the Developer, and a signed, stamped copy of this
recorded document within ten days of recordation to the City Clerk shall indicate the
property owner and Developer's desire that the Project, and the corresponding application for
building permits and/or a business license, be held in abeyance without approval. Said
doc "' will ]'0 b, d, in <h, Ci" C],",', ~~ )
~-~ &~
Signature ofDeve oper or Property Owner Signature of Devel per
XI. 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 right 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. The Developer shall be notified ten (10)
days in advance prior to any of the above actions being taken by the City and shall be given
the opportunity to remedy any deficiencies identified by the City within a reasonable and
diligent time frame.
XII. 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 anyone or more terms, provision, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed
to be automatically revoked and of no further force and effect ab initio.
Presented by
Approved as to form by
<'&~~{\\\~~~
Ann Moore
City Attorney
L-__
Resolution No. 2006-008
Page 21
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 10th day of January 2006 by the following vote:
AYES:
Councilmembers: Castaneda, Chavez, McCann, Rindone, and Padilla
NAYS:
Councilmembers: None
ABSENT:
Councilmembers: None
~IJ{~.
./ Stephen C. Padilla, Mayor
A TIEST:
AL~ ~~
jo,., Susan Bigelow, 'K1MC, 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. 2006-008 was duly passed, approved, and adopted by the City Council at a
regular meeting ofthe Chula Vista City Council held on the 10th day of January 2006.
Executed this 10th day of January 2006.
J~ ;()JwL
tfiJIL Susan Bigelow, MMC, City Clerk
0.3
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Resolution No. 2006-008
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C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT . PROJECT DESCRIPTION: EXHIBIT A
C) APPUCANT: EI Dorado Ridge INITIAL STUDY
~ROJECT Brandywine Avenue at Request Proposal for 104 Iownhomes on 11.46 acres
DRESS: Mendocino Drive
SCALE: FILE NUMBER: ~5
NORTH No Scale 15-02-04 _ _ Related cases: DRC-05-22, GPA-05-01, PCZ.Q3-01, PCS-03-01
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