Loading...
HomeMy WebLinkAboutPlanning Comm Reports/1994/07/22 July 22, 1994 FROM: Chainnan Tuchscher and Members of tlI~ Commission Ken Lee, Assistant Planning Director / y Amy Wolfe, Assistant Planner ~ SUBJECT: July 27 Agenda - Item 1: PCZ-94-D/PCM-94-24/PCM-94-27/PCM-93-61 PCX-88-3A TO: VIA: Please find attached: a) Replacement pages for tlIe Draft City Council Resolution on tlIe subject project. (Revised tentative subdivision map fmdings have been incorporated on pages 6 and 7,) b) Disclosure Statement A W 1m Enclosures The land uses within the EastLake Greens SPA area represent the same uses approved by the EastLake II (EastLake I Expansion) General Development Plan. VIII, TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council fmds that the Tentative Subdivision Map as conditioned herein for EastLake Greens, Chula Vista Tract No. PCS-88-3 is in conformance with the elements of the City's General Plan, based on the following: a. Land Use Element The General Plan designates the EastLake Greens residential areas for Low-Medium (3-6 du/ac) density development. The proposed addition of 22.7 acres at the mid-point of the Low-Medium density range (4.5 du/ac) is consistent with the previously approved land use intensity. The project, as conditioned, provides a wide landscape buffer along the north side of E. Orange A venue, in conformance with landform grading and scenic highway principles of the General Plan, , b. Circulation Element All of the on-site and off-site public streets required to serve the subdivision will be constructed or DIF fees paid by the developer in accordance with the EastLake Greens Public Facilities Financing Plan and Development Agreement. Bicycle paths have been incorporated within the EastLake Greens community area and will be constructed as part of the project. c. Housing Element The proposed project will provide a mmunum of 10% affordable housing including a mix of housing types and lot sizes for single-family, townhouses, condominium and various apartment densities that will provide a wide spectrum of housing prices for persons of various incomes. d. Parks and Recreation Element The subdivision will provide approximately 37.4 acres of improved community and neighborhood parks in accordance with locations and standards of the General Plan. The required park acreage for EastLake Greens is 26.6 acres. -6- e. Public Facilities Elemenl The project is obligated in the conditions of approval to participate in providing the water facilities, wastewater facilities and drainage facilities required by the policies of the General Plan. Public building sites are included within the subdivision; however, these sites will not be affected by the proposed amendment. f. Open Space and Conservation Element The proposed subdivision is in conformance with the goals and policies of the General Plan element for this site. g. Safety Element The project site is considered a seismically active area, although there are no known active faults on or adjacent to the property. The fIre protection facilities and services needed 10 serve the project have been reviewed by the Fire Department. Other emergency service agencies have reviewed the proposed subdivision for conformance with safety policy, The Project, as amended, will not increase the need for additional police and fIre personnel. h. Noise Element Noise mitigation measures included in the Environmental Impact Report SEIR-86-04 and Mitigated Negative Declaration IS-94-19 adequately address the noise policy in the General Plan. All dwelling units within the project will be required to be designed so as to not exceed the interior noise level of 45 dBA. Additionally, all exterior private open space will be shielded by a combination of earth, berm, wall, and/or buildings to achieve a 65 dBA noise level for outside private areas. B. Pursuant to 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. The configuration, orientation and topography of the site partially allows for the optimum siting of lots for passive or natural heating and cooling opportunities as required by Govemmenl Code Section 66473.1. D. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. -7- X. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing Discretionary Approvals Amendments which are stated to be conditioned on "General Conditions" are hereby conditioned as follows: A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in the Mitigated Negative Declaration, except as modified by this Resolution. B. Implement Mitigation Measures Developer shall diligently implement, or cause the implementation of, all mitigation measures pertaining to the Project identified in the Mitigaled Negative Declaration and Mitigation Monitoring and Reporting Program. C. Implement the Mitigation Monitoring and Reporting Program Developer shall implement, or cause the implementation of, all portions of the Mitigation Monitoring and Reporting Program pertaining to the Project and Mitigated Negative Declaration IS-94-19 . D. Update Documents Twenty-five (25) copies of replacement pages, exhibits, maps and plans reflecting the amendments approved herein shall be submitted to the Planning Department within two weeks of approval of this resolution. XI. SPECIAL CONDITIONS OF APPROVAL A. Sectional Planning Area (SPA) Plan 1. Final assessment and determination of parkland requirements for single family detached condominium developments shall be conducted during the Design Review and/or Tentative Map processing stage of each individual project. Updated cumulative parkland data shall be submitted with each development proposal to the Director of Parks and Recreation for review and approval. 2. Final Golf Course Trail and Golf Course Vista Point design shall be subject to review and approval by the Director of Parks and Recreation and the Director of Planning. Detailed design information for the "Vista Points" shall be submitted for review in conjunction with the associated parcels within which they are located. Said "Vista Points" -8- shall be improved prior to or concurrently with each development proposal. B. Tentative Subdivision Map Conditions . Prior to approval of the associated/applicable fInal map, unless otherwise indicated, the developer shall: GENERAL/PRELIMINARY 1. Comply with all unfulfIlled condition of approval of the Eastlake Greens Tentalive Map, Chula Vista Tract 88-3 established by Resolution No. 15200 approved by Council on July 18, 1989. 2. If phasing is proposed within an individual map or through multiple final maps, submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of any fInal map which includes phasing. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning, The , City reserves the right to conditionally approve each final map with the requirement to provide improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fIre departments. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such revision. STREETS. RIGHTS-OF-WAY AND IMPROVEMENTS 3. Dedicate on-site and off-site street right-of-way for the construction of East Orange A venue from its intersection with Hunte Parkway to the westerly subdivision boundary. 4. Design southerly knuckle on Street PP to conform to City design standards. 5. Provide to the City a letter from Otay Municipal Water District indicaling that the assessments/bonded indebtedness for all parcels dedicated to the City have been paid or that no assessments exist on the parcel(s), 6. Present written verifIcation to the City Engineer from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. -9- 7. Granl to the City a 10-foot wide utility easement adjacent to the street right-of-way within the open space lots in Units 4, 10, 12, 15, 18,21- 23,26,27,30,31, or as approved by the City Engineer. 8. Construct an 8' wide sidewalk for the Golf Course Neighborhood Trail as shown on the EastLake Greens Trails Plan along the following streets : a. South Greensview Drive - from Clubhouse Drive to Hunte Parkway. b. Hunte Parkway - from So. Greensview Drive to the southerly boundary of Unit 27. c. Clubhouse Drive - along the northerly boundary of Unit 27. Provide additional right-of-way and/or easements as required by the City Engineer for installation of utilities, street lights, and fIre hydrants. 9. Provide for the maintenance of the proposed sewer pump station on East Orange A venue in accordance with Council Policy # 570-03 adopted by Resolution 17491, and the Agreement to Provide Sewer Pump Station Maintenance for the Eastlake Greens and amendments thereto. 10. Construct South Greensview Drive from the southeasterly limits of Unit 20 to the easterly limits of Unit 38 as shown on the approved revised tentative map when the Average Daily Trips measured on Silverado immediately south of Clubhouse Drive exceeds 1200. 11, Prior to the approval of each fInal map for the subject development acquire all off-site right-of-way necessary for the installation of the required improvements for that subdivision. Notify the City at least 60 days prior to consideration of a Final Map by City if off-site right-of- way cannot be obtained for the improvements. (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. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings. -10- b. Deposit with the City the estimated cost of acquiring said right- of-way or easements, said estimate to be approved by the City Engineer. c. Pay the full cost, both direct and indirect, of acquiring off-site right-of-way or easements required. The requirements of a, band c above shall be satisfied prior to approval of the fmal map for which the off-site right-of-way or easements are required. All off-site requirements which fall under the purview of Section 66462.5 of the State Subdivision Map Act will be waived if the City does not comply with the 120 day time limitation specified in the section of the Act. (This condition supersedes Condition of Approval No. 19 for the Eastlake Greens Tentative Map approved by City Council Resolution No. 15200). , 12. Street sections shall be revised to reflect current street design standards. Slreet design standards shall be applicable to future streets. GRADING/DRAINAGE 13. Obtain easements in favor of City for off-site detention basin and stonn basin near East Orange/Hunte Parkway intersection as required by City Engineer. 14. Grade 20 foot wide landscape buffer along East Orange Avenue at 5:1 ratio. 15. Relocate detention basin stonn drain outlet beyond toe of southerly slope of East Orange Avenue grading. 16. Provide energy dissipators at all stonn drain outlets as required by the City Engineer to maintain non-erosive flow velocities. 17. Design and line desilting basins with concrete to the satisfaction of the City Engineer. 18. Provide an updated soils report or an addendum to the original document prepared by a registered engineer, as required by the City Engineer. -11- OPEN SPACE/ASSESSMENTS 19. Agree to grant in fee to the City public access easements over paved walkways to Golf Course Trail vista points as approved by the City Engineer and the Director of Parks & Recreation Department. 20. Request annexalion into Eastlake Maintenance District #1 of all areas within the tentative map boundary not currently included in the district prior to approval of the fIrst fInal map which includes said areas. Deposit $3,000 to initiate annexation proceedings. Pay all costs of proceedings. 21. Grant in fee to the City all open space lots shown on the approved tentative map to be granted to the City and execute and record a deed for each lot. 22, Submit a list of all facilities located on open space lots proposed to be maintained by the existing Eastlake Maintenance District No. 1. This list shall include a description, quantity and unit price per year for the perpetual maintenance of all facilities located on open space lots to , include but not be limited to: walls, fences, water fountains, lighting structures, paths, access roads, drainage structures and landscaping. Only those items on an open space lot are eligible for open space maintenance. Each open space lot shall also be broken down by the number of acres of turf, irrigated, and non-irrigated open space to aid the estimation of a maintenance budget thereof. 23. Design landscape buffer for erosion control adjacent to the right-of-way of East Orange A venue with plant species requiring no pennanent irrigation and maintain/replace plantings as necessary for an establishment period of one year or as extended by the City Landscape Architect, City Engineer and Director of Parks & Recreation. Prior to approval of the preliminary landscaping plans, which include portions of or the entire landscape buffer, provide to the City a bond in an amount approved by the City Landscape Architect to guarantee installation maintenance of said landscaping. 24. Pay additional fees on a fair-share basis into the Assessment District Numbers 90-3, 91-1 or other applicable assessment districts due to additional units approved subsequent to District fonnation. 25. Make payment to reduce the debt on any parcels whose density is lower than assumed for the assessment districts at the time of District fonnation. -12- 26. Pay all costs associated with apportionment of assessments for all City assessment districts as a result of subdivision of lands within the project boundary. Request apportionment and provide a deposit to the City estimated at $40/unit/district to cover costs prior to approval of a fInal map for the unit being fInaled. 27. Prepare a disclosure form to be signed by the home buyer acknowledging that additional fees have been paid into the Assessment District or the Transportation DIF Fund, and that these additional fees are reflected in the purchase price of the home for those units which have a density change from that indicated in the assessment district's Engineer's Report. 28. Submit all disclosure forms for the approval of the City Engineer. 29. The configuration of open space lot "DDD" shall be maintained as originally approved, 30. The Tentative Subdivision Map shall be revised to incorporate a 75' wide (average) landscape buffer along the north side of East Orange \ Avenue. 31. The 75' wide landscape buffer along East Orange Avenue shall be graded in accordance with City landform grading principles and shall be subject to review and approval by the City Landscape Architect. A landscape plan(s) for the subject scenic highway buffer shall be submitted to the City Landscape Architect prior to or concurrently with the fIrst Tentative Subdivision Map or other site plan review application submitted for Parcel R-IO or R-12. AGREEMENTS Enter into an agreement with the City whereby the developer agrees to: 32. 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 with regard to this subdivision 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. 33. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. -13- 34, Insure 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 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 complian~e 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. 35. Comply with the terms and conditions of the Acquisition/Financing Agreement for Assessmenl district 94-1, CO 94-064, approved by Council Resolution R17483 as said terms and condilions may be applicable to this development. MISCELLANEOUS 36, Tie the boundary of the subdivision to the California System -Zone VI (1983), \ 37. Submit copies of Final Maps in a digital format such as (DXF) graphic file prior to approval of each 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 5-1/2 HD floppy disk prior to the approval of each Final Map. 38. Update the Eastlake Greens Public Facilities fInancing Plan as required by Chapter V of said approved document. 39. Fire hydrants shall be installed and operable and fIre access roads shall be usable prior to delivery of any combustible construction materials. 40, A wildland fuel modifIcation program may be required on interface areas between residences and open space. XII, CODE REQUIREMENT REMINDERS 1. 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 current standards, Subdivision Ordinance and Subdivision Manual. 2. Fire flow of 1,000 gpm shall be maintained within the Project area. -14- 3. Fire Department access roads shall be a minimum of 20' wide and constructed with an all-weather driving surface. XIII. 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. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. XIV. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. XV. 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, provisions 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 Robert A. Leiter Director of Planning Bruce M. Boogaard City Attorney (f: \home\planning\EI..2amend. res) -15- THE C11Y OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contn"butions, on all matters ch will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following ihformation must be disclosed: 1. list the names of all persons having subcontractor, material supplier. E A'STL I'd. "D EulLOPfIV.N't COIf\AQfJY " CA. ('..1',,1. ~1\.fJ5~lrj:) a financial interest in the contract, i.e., contractor, ~ ~~,~ ~ -~"N. Ho~/'Iill. -n-I~ IULI'r-^ r" . c,,~N, ~Nf.~ 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. ':T. G. "8~tAI'u. O:>""MWY 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. NA 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No..k- If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. c:.A~'" c,...,,.\ - C'/\I'T\ LAM> P.\A.JN,IJ:. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No K.. If yes, state which Councilmember( s): Person is defined as: "Any individual,fim~ co-pDTtnership, joint vl!11/Ure, association, social club, fraternal organization, corporation, estt1le, ITUS~ receiver, s)'ndiI:ate, this and an)' other county, city and country, cit)', municipalit)', district or other political subdMsion, or till)' other group or combination acting as a unit." Date: 3/919..; , ~~ Signature of contractor/applicant (N01E: Attach additional pages as necessary) [..\-] 1,.\:DlSCLOSE,TXT] T!5/?(>(:c. I1/. $'011/11 Print or type name of contractor/applicant IRevised: 1] /30/'10]