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HomeMy WebLinkAboutReso 1982-10973 Revised 8/12/82 RESOLUTION NO. 10973 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENTATIVE SUBDIVISION MAP FOR MISSION VERDE AND ADOPTING CANDIDATE CEQA FINDINGS The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the Planning Commission of the City of Chula Vista has heretofore approved that certain tentative map of a subdivisionn to be known as Chula Vista Tract 82-8, Mission Verde, and has recommended that the City Council approve said tentative map subject to the conditions contained in Planning Commission Resolution No. PCS-82-8, adopted on the 23rd day of June, 1982, a copy of which is attached hereto and by this reference made a part hereof the same as though fully set forth herein, and WHEREAS, Environmental Impact Report EIR-78-2 was considered and certified by the Planning Commission on February 22, 1978, which EIR is a master EIR covering phased development of the 2,272 acre El Rancho del Rey Specific Plan Area, of which the proposed project is a part, and WHEREAS, the Environmental Review Committee has reviewed the project and recommends that the City Council recertify the EIR and adopt the Candidate CEQA findings. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby approve said tentative subdivision map in accordance with Planning Commission Resolution No. PCS-82-8, provided, further, that developer shall comply with any ordinances of the City of Chula vista or laws of the State of California regulating the use of shake shingle materials that may be adopted prior to the issuance of building permits. BE IT FURTHER RESOLVED that the City Council does hereby recertify EIR-78-2 and adopts the Candidate CEQA Findings, attached as Exhibi t "A", and incorporated herein by reference as if set forth in full. Presented by Approved a~ ,to form by #---~'\~~~ j t ~, -t-:::r:f Planning George D. Lindberg, City Attorney ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 10th 19~ 2 , by the following vote, to-wit: day of Augus.t AYES: Councilmen Scott, Cox, Mal co 1 m, Moore NAYES: Councilmen None ABSTAIN: Councilmen None ABSENT: Councilmen McCandliss May ATTE~J/~/)/;~~ City Cler < STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 10973 ,and that the same has not been amended or repealed. DATED (seal) City Clerk CC-660 CANDIDA TE FINDINGS OF FACT EXHIBIT A MISSION VERDE CONDOMINIUMS EIR-78-2 City of Chula Vista (California Public Resource Code, Section 21081) (California Administrative Code, Section 15088) 1. INTRODUCTI ON The following findings have been prepared in accordance with Section'15088 of Title 14 of the California Administrative Code, and Section 6.10 of the Environmental Review Procedures of Chula Vista. These two directives both state that, in order to approve a project which has one or more significant effects, a finding within at least one of the following categories must be made: Category 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the final EIR. Category 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the body making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Category 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. For the Mission Verde Condominium project, a summary of impacts and findings have been prepared which, if adopted, indicate that response to all significant impacts can be placed into these categories. I I. FINDINGS The Mission Verde Condominium project represents a subsequent proposal within the context of the El Rancho del Rey Specific Plan. Project involves the develop- ment of 102 condominium units on a 10 acre parcel of land. The number and type ,of units proposed has been found to be consistent with the specific plan. Within this background the following factor-specific findings are proposed: A. Land form (EIR Section 5.3) The project involves the movement of approximately 115,000 cu.yds. of balanced cut and fill resulting in maximum interior slopes of 10-12 ft. with variable slope ratios on exterior slopes 30-60 ft. in height utilizing a 2 to 1 slope ratio. The proposed filling of this north/south trending canyon area will have a significant environmental impact. /1 fr'-/tf73 -2- Findi ng_ (Category 3) The impact of the project on existing land form would be significant and only partially mitigable. It is infeasible to fully mitigate project-related impacts to land form modification to a level of insignificance while, at the same time, implementing the adopted land use objectives and circulation system of the El Rancho del Rey Specific Plan. Mitigation discussed in the EIR includes utilizing the design criteria of the Hillside Development Policy which includes the following: 1. t1inimizing the frequency of manufactured slopes greater than 30 ft. in height; 2. Contour of grading using viable slope ratios not to exceed 2:1 in steepness; and 3. Landscaping which focuses on drought resistant material. B. Geology (5.1) An earthquake fault, inferred through photographic evidence, appears to be located in the vicinity of the project site (special report 123, 1975). Contained in EIR-78-2 is mitigation which requires that inferred fault traces should be considered for trenching to determine: 1. Whether or not they actually exist; 2. If they are found to exist, their recency of activity; and 3. Their potential for ground rupture. Fi ndJ!l..9. (Ca tegory 1) The seismic hazard on the subject property is potentially significant, but mitigab1e. Trenching and other studies along the inferred fault has shown that it does not exist. C. So i1 s (5.2) Expansive soils are known to exist in the vicinity of the project site. As discussed in the EIR-78-2 detailed soils investigations should be completed to delineate areas where such soils exist with recommendations to be incorporated into the project. Iindi~ (Category 1) The expansive soil hazard present on the site is potentially significant, but mitigab1e. Supplemental soil reports have been prepared which specify precise mitigation measures. D. Drainage (5.4) Local effects of drainage from this project will not be significant, however, cumulative effects of drainage in the Rice Canyon area are potentially significant. Measures proposed in EIR-78-2 will mitigate drainage effects to a level of insignificance. If -I {)913 -3- Fin~ (Category 1) The cumul~tive impact of the project on drainage is potentially significant, but mitigable. Drainage facilities downstream from the project have been completed (Rice Canyon Sectional Planning Area) or are under construction (East H Street extension) which will avoid significant impact. E. Schools (5.:.11) New students generated by the proposed project would require additional classroom space. Mitigation will require the developer to provide the city with written assurance from the school districts that they will have the ability to provide educational services. Finding (Category 2) The dedication of land and/or the payment of developer fees are methods adopted by the school districts for obtaining assistance from private developers to reduce the impacts of incremental growth. The responsibility for obtaining developer assistance to mitigate school impacts rests with the school districts. Ir-/OfI3 RESOLUTION NO. PCS-82-8 RESOLUTION OF THE CITY PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL THE APPROVAL OF THE TENTATIVE SUBDIVISION MAP FOR MISSION VERDE, CHULA VISTA TRACT 82-8 WHEREAS, a tentative subdivision map for Mission Verde, Chula Vista Tract 82-8, was filed oy Sierra Properties on January 15, 1982 to subdivide 10 acres located at the northwest corner of Paseo Ranchero and East "J" Street into a condominium project of 102 dwelling units, and WHEREAS, Section 66473.5 of the State Map Act provides that approval of a subdivision map shall be oased upon findings of consistency between the subdivision map and the adopted general or specific plan for the area, and WHEREAS, the Planning Commission set the time and place for a public hearing to consider said tentative map, and notice of said hearing, with its purpose, was given by the publication in a newsletter of general circulation in tne city at least 10 days prior to the date of said hearing, and WHEREAS, a hearing was held at said time and place, namely 7:00 p.m., June 23, 1982, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was tnereafter closed, and WHEREAS, the Planning Commission recertified EIR-78-2, El Rancho del Rey, and noted tnat information in that report has been considered in reaching a decision on the project. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: From facts presented to the Planning Commission, the Commission finds that tne tentative subdivision map for Mission Verde, Chula Vista Tract 82-8, is in conformance with the City's General Plan and the E1 Rancho del Rey Specific Plan, based on the following: 1. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. 2. Tne design of the subdivision will not affect the existing improvements, streets, sewers, etc. which have been designed to avoid any serious problems. - 1 - l7_ / t} 9 7>5 3. The project is in substantial conformance with the Chula Vista General Plan elements as follows: a. Land Use Element - The El Rancho Del Rey specific plan designates the area for medium density residential a range of 6-10 dwelling units per acre which would permit approximately 102 units on the subject property. b. Circulation Element - The proposed development will dedicate and improve the westerly portion of Paseo Ranchero along the boundaries of the subdivision. In addition, the development will be served by a private street system. c. Housing Element - The proposed project will provide additional housing for the residents of the City of Chula Vi sta. d. Conservation Element - The proposed development will leave a portion of the property ungraded. Those areas which are graded will be landscaped. The environmental review discovered no rare or endangered species on site. e. Park and Recreation and Open Space Elements - The proposed development will be required to pay fees in lieu of the dedication and improvement of park lands. The map conforms to the open space element. f. Seismic Safety and Safety Elements - No known faults exist within close proximity to the subject property. The proposed circulation system will facilitate the movement of emergency vehicles. The project is well within the response time of the Fire Station located at Otay Lakes Road and Elmhurst as well as the Fire Station located on East "J" Street. g. Noise Element - All dwellings are to be designed so as not to exceed a maximum interior noise level of 45 dBA. h. Scenic Highway Element - All manmade cut or filled slopes will be enhanced by the planting of trees and ground cover. i. Bicycle Routes Element - The public street system has been designed to accommodate bicycle movement. :'~ -/0113 . - 2 - j. Public Buildings Element - No public buildings have been designated on the subject property. 4. Pursuant to Section 66412.2 of the Subdivision Map Act the Commission certifies that it nas considered the effect of tnis approval on the housing needs of the region and has balanced those needs against the public service needs of tne residents of the City and tne available fiscal and environmental resources. BE IT FURTHER RESOLVED: Tnat the City Planning Commission recommends that the City Council approve the tentative subdivision map for Mission Verde, Chula Vista Tract 82-8, subject to the following conditions: 1. The developer shall grant to the City a 10 foot wide sewer easements for all public sewers. 2. The developer shall maintain a drainage easement for the offsite storm drain. Said easement shall be granted to the City of Chula Vista prior to approval of the Final Map. 3. The developer shall provide an energy dissipator offsite from the northeast corner of the subdivision. The dissipator shall be a permanent device such as shown on Regional Standard Drawing 0-41 if the outlet velocity exceeds 18 feet per second. For velocities up to 18 feet per second, Regional Standard Drawing 0-40 or an equivalent facility shall be utilized. 4. The developer shall grant to the City a 10 foot wide drainage easement along the alignment of the storm drain shown on the Tentative Map. The offsite segments shall be granted to the City prior to approval of the Final Map. 5. The developer shall grant 7.5 foot wide street tree easements to the City along paseo Ranchero and East "J" Street adjacent to the subdivision. 6. Prior to approval of the final map for this project the developer shall prepare and submit for City Council approval a plan for financial participation in the cost of paseo Ranchero from Telegraph Canyon Road to "H" Street. The cost of preparing this plan shall be It-/OfAj - 3 - included as part of the cost of the street, to be distributed under the plan ultimately approved by Council. Prior to approval of the final map the developer shall deposit with the City his estimated fair share cost for Paseo Ranchero as determined by the formula derived under condition "6". Said construction shall include any necessary storm drains, sewer and other appurtenances along with the rights-of-way required for such work and normal surface improvements. 7. As an alternative to condition "611, the developer shall construct the westerly half of Paseo Ranchero from the centerline of East "J" Street to the northerly boundary of the project in accordance with the typical section shown on the tentative map. The developer shall also enter an agreement with the City wherein he agrees to participate in a district providing for the construction of Paseo Ranchero from Telegraph Canyon Road to "W Street. Said construction shall include any necessary storm drain, sewer, and other appurtenances along with the rights-of-way required for such work and normal surface improvements. 8. The developer shall contribute his proportionate share of the cost to construct a sewer main from the Rice Canyon Trunk Sewer to the northerly boundary of the subdivision. Said contribution shall be in the form of a cash deposit prior to issuance of building permits. 9. The developer shall contribute toward the construction of the Rice Canyon Trunk Sewer System as determined by the City Engineer prior to approval of the Final Map. Said contribution is estimated at $16,600. The Rice Canyon Sewer System consists of a system serving the entire gravity basins of the north and south legs of Rice Canyon and conveying the sewage flows to the Spring Valley Outfall. 10. Mitigation measures identified in the Environmental Impact Report for this project shall be incorporated into the development work as determined by the Environmental Review Coordinator. - 4 - 1r!-/09'13 11. Prior to the approval of the Final Map, the developers shall enter into a separate agreement with the City of Chula Vista stipulating that they or their successors in interest shall participate in a reimbursement or other district for the final construction of Telegraph Canyon Road. 12. CC&R's for the project shall include provisions assuring maintenance , of all streets, driveways, sewer and drainage systems which are private. 13. Developer shall enter into an agreement with the City wherein he holds the City harmless from any liability for erosion, siltation, or increased flow of drainage resulting from this project. 14. The development shall be subject to the regulations of the Municipal Code governing the R-3 zone together with the following: a) The development shall not exceed a maximum of 102 units. b) No building shall exceed two stories in height. 15. No building permits shall be issued until such time as the school districts have given written notice to the City that they are able to provide school facilities for the residents of the development. 16. A ten foot level area measured from the back of sidewalk, shall be provided along East IIJ" Street and any other areas where there is a down slope from the street. 17. The developer shall record Covenants, Conditions and Restrictions (CC&R's) concurrently with the recordation of the final map. The CC&R's shall be subject to the approval of the City Council. 18. The City of Chu1a Vista shall be made a party to the CC&R's which shall include but are not limited to the following: a) Prohibition of any garage or carport conversions. b) Prohibition against the parking of recreational vehicles on the street and interior areas other than areas so designated on the approved plan. c) Prohibition against the installation of individual outside antennae. 1r-/o?Z3 - 5 - d) Provisions for the maintenance of all common areas, fencing, recreational areas, buildings and private streets. e) Prohibition of the construction of overhead patio covers. 19. The developer shall provide street lights within the development; the location, type and material to be subject to the approval of the City Engineer and Director of Planning. 20. The project shall be subject to site plan and architectural approval by the Design Review Committee prior to City Council consideration of the tentative map. All recommended conditions of approval shall be incorporated into the project prior to the approval of the final map. The Planning Commission adopts the Candidate Findings of Fact attached hereto as Exhibit A, and directs that this resolution be forwarded to the City Council and a copy be sent to the applicant. PASSED AND APPROVED BY THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA this 23rd day of June, 1982, by the following vote, to-wit: AYES: Commissioners Stevenson, OINeill, G. Johnson, Pressutti, Green and Wi 11 i ams NOES: None ABSENT: Commissioner R. Johnson aQ/~ .~ Chairman ATTEST: x~v /:J. ;7/~cretary HM:dl WPC 0123P /J //. "'7.? if - ~/f/ c:J - - . ~ I o I EAST J STREET - - ~ mission verde tract 82-8 o a:: ...... ::I: U % 4( a:: o ..... en ~ . I . . VAC VAC PROJECT AREA r ~ ~ . . ---------,------ I I I I I I L_ _ _ _. __ _ _ _ _ __ _ _ 8 VAC o ~ ~ ~ ~ ~ '(I) ~ I ; . j .J VAC VAC (0 . j 4 1 -I . - ------ -_-I I I I I i I I , I I I I I , ~ VAC VAC Rood ( Mission Verde """'I ) r LOCATOR - PCS-82-B ) PermIt to construct 102 CONDOMINIU!vI UNITS at the - N. W cor oF Fbseo Ronchero 5 E. ':J .. - ~ . ~ I Ins.' .~ = ..... -, ~UJ ~,rn rn ..-, ~O ~::s ~ n ~ !~ ~t':> cot; ~~ =~ '-- -- \-( Y (---f--- ------- - ..-~ tf, ~~~~~2-f~~I~~~~:i-~:~-:::,D7~r----- :~X~-~~~y--~~~i J I ,JI / - , <I ~.- I ~ I , ~ > ~ f 1c:..1 l~' ~ ! ~~ r t \ t . -" .l f J l 1 J ~'- &. ,.. ~ ~ ~ ~ \ \ " ...( ) ) ~~~J ~~ ~ _ 'll. -- _____ ~ -0:1--- --- - -~--!-- -- -J.. -j---~~/ -j' . . -- / · - =;--- -. - -7, :-:';':;...==-:_-.:-~ , -- -..f-:!J. ~/ . /)~?f(. /"~~.:'-_-:_----~::3:? / ' . '/I~" I~ ~ /" ---------.--- --- .. . ~/;/. - --- 1/:1 .. / ~/ ,/------- --- ___ __ ..~ '-- . ..#;::::::?' --- -- ~ ~~;/~ : 1 uur imU~flmhinhij!lifn~R~l~t[m . f ~.' f. 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