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HomeMy WebLinkAboutReso 1981-10494 Revised 6/9/81 RESOLUTION NO. 10494 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING EIR-8l-2 AND APPROVING TENTATIVE SUBDIVISION MAP FOR CHULA VISTA TRACT 81-7, PEPPER TREE ESTATES The City Council of the City of Chula Vista does herel:y resolve as follows: WHEREAS, ADMA Company, Inc. has filed a tentative map for that certain development to be known as Chula Vista Tract 81-7, Pepper Tree Estates, being a subdivision of 7.3 acres located at th," southeast quadrant of Pepper Tree Drive and Jacaranda Drive, and WHEREAS, ADMA Company, Inc. submitted an application for an Initial Study (IS-8l-l4) for said development and the Environmental Review Committee of the City of Chula Vista held a public hearing on the Initial Study and determined that it was necessary to prepare a focused environmental impact report on the project due to substantial public controversy regarding the environmenLal effects of the project, and WHEREAS, after providing public notice and sending notices of preparation to appropriate public agencies, the Environmental Review Coordinator of the City of Chula Vista held a public meeting to receive comments on the content of the draft Environmental Impact Report, and WHEREAS, after reviewing proposals from consultants for the preparation of a final EIR on the project, the Environmental Review Committee of the City of Chula Vista selected Advance Planning and Research Associates as the City's consultant to prepare the environmental documents for this project and said Committee issued a draft EIR for public and agency review, and WHEREAS, legal D<)tice of the availability of th:, draft Environmen'cal Impac't Repol twas given through publicatic ,n in a newspaper of general circulation and a notice of comple',-ion was filed with the Secretary of Resources for the State of California, and WHEREl". it is the policy of the State of California that no public ag2ncy shall approve or carry out a project for which an ,nvironllip,'1tal impact x-epcrt has been prepared which identifies impacts ':Jhich a:,'" Plgnificant unless it is infeasibl.e to avoid t~.hose ilT\}?'7'l.cts, ;.~ 1.<1 INHEREl':.. .the Planninq Commission of the City of ('hula ;/.i.sta h:-:.l.d a pubJil,; 1:1eaY.ing on -i,:.}I.l:: adequacy of the dx-aft Environmental Impac.t Rer-art and a response to all letters of input and testimony at the public hearing was incorporated into the Environmental Impact Report, and -1- WHEREAS, the Planning commission of the City of Chula Vista has heretofore approved that certain tentative map of a subdivision to be kno,'m as Chula Vista Tract 81-7, Pepper Tree Estates, and has recommended that the City Council approve said tentative map subject to the conditions contained in Planning Commission Resolution No. PCS-81-7, adopted on the 22nd day of April, 1981, a copy of which is attached hereto and by this reference made a part hereof as though fully set forth herein, and WHEREAS, the City Council has conducted a public hearing to consider the tentative map of said subdivision known as Chula Vista Tract 81-7, Pepper Tree Estates, in light of the information contained in said Environmental Impact Report on Tuesday, May 19, 1981, and WHEREAS, those potentially significant environmental impacts related to mobile source noise (construction), geology/seismic risk and soils testing and drainage problems have been resolved through actions undertaken by the developer in conformance with state or local regulations, and WHEREAS, paleontological resources are only affected in regard to Lots 14 and 15 and are properly mi tiga ted through the rejection of excessive grading as determined herein, and WHEREAS, the most potentially significant impact concerns transportation access and safety as defined in the Environmental Impact Report, and WHEREAS, necessary mitigation measures have been addressed l~ staff, representatives of the developer and members of the general public and have been incorporated wi thin the conditions imposed by the tentative map resolution, thus avoiding significant impacts, and WHEREAS, alternate methods of access have been examined and weighed in light of such mitigation measures as to transportation access, safety considerations and aesthetic and paleontological resources concerns, and WrlEREAS, testimony was received concerning such mitigation measures that would have involved the acceptance of an alternate aCcess route for the development which was rejected primarily because of concerns for the aesthetic and paleonto- logical resource impacts concerning Lots 14 and 15 as well as assurances in connection with the safety problems or traffic at the intersection of Pepper Tree Drive and Jacaranda Drive, and WHEREAS, the alternate access road to Pepper Tree Drive which would have required the total redesign of the subdivision was found to be unacceptable for the above-stated reasons as well as cumulative testimony and evidence that the proposed tentative map was essentially desirable in light of all environmental concerns, and i'fI-IEREAS, based upon the tes.Umor y received from the develope:.:. and his expert witnesses cancel ningtraffic safety and access to the subject property and that )f the surrounding property owners who will be affected by the proposed development and considering all evidence submitted as well as the statements contained in the Environmental Impact Report, the City Council has approved said tentative map subject to certain mcdifications. -2- I (i-Pf cf NCW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista finds that the Environmental Impact Report, EIR-81-2, on the proposed tentative map of Chula Vista Tract 81-7, Pepper Tree Estates, has been prepared in accordance with the California Environmental Quality Act of 1970, as amended, the California Administrative Code, and the Environmental Review Policy of the City of Chula Vista and hereby certifies that it has considered the information in the Environmental Impact Report as it acts upon the tentative map of said tract. BE IT FURTHER RESOLVED that the City Council does hereby approve the tentative subdivision map of Chula Vista Tract 81-7, Pepper Tree Estates, in accordance with Planning Commission Resolution No. . PCS-81-7; provided, however, that based upon all testimony and evidence of the Environmental Impact Report, the City Council makes the following findings relative to the tentative subdivision map: 1. Thrtt the proposed density is substantially consistent with the surroundi'lg development and that it does conform to the existing prezoning of R-I-IO, but that a greater degree of consistency can be achieved by the elimination of one lot and prezoning the property to R-l-.15-P. 2. That an alternate access to the development from Pepper Tree Drive between Lots 14 and 15 of the proposed subdivision would be less desirable than the use of Jacaranda Drive because of the excessive grading that would be necessitated to establish such an access alignment. 3. That the proposed development of Jacaranda Drive is inadequate to meet both the access needs and parking needs of the proposed subdivision and the surroonding developed areas. 4. That the sight distance at the intersection of Pepper Tree Drive and Jacaranda Drive should be based upon visual and empirical evidence as well as the engi- neering standards presented at the Council hearing. 5. That the access to Pepper Tree Drive from Lots 14 and 15 requires special driveway treatment for safety reasons. 6. That the Planning Commission Resolution does not sufficiently address the issue of the preservation or replacement of the major trees located on the subject site. BE n.' FURTHER RESOLVED that based upon said findings, the City Council hereby modifys said Planning Commission Resolution PCS-817 'Jy aC1.ding t.he follONing cond:lt.ions for the approval of said t"I"d.tive subdivision map: 1. The number of lots in the proposed subdivision shall be reduced to a maximum of 14 to establish a density in accordance with R-1-15-p zoning and that said revised map be submitted to the City Council concurrent with action on this resolution. -3- I d{91 2. Jacaranda Drive shall be developed at a sufficient width to accommodate on street parking on the east side as well as adequate traffic movements. Such parking shall be continuous along the east side of Jacaranda Drive and parking bays as shown on the tentative map shall be eliminated. 3. The vegetation east of the intersection of Jacaranda Drive shall be trimmed and/or removed to conform to appropriate engineering safety standards determined to be applicable by the City Engineer. Such trimming and/or removal shall be accomplished and verified by the City Engineer as to safety and sight distance prior to approval of the final map. 4. Access to Pepper Tree Drive from Lots 14 and 15 shall be accomplished through a common driveway between said lots and shall provide for a turn-around so that cars exiting the lots may do so with~lt backing into Pepper Tree Road. 5. The developer shall enter into an agreem2nt with the City to: a) transplant into another location on site those significant trees which must be removed; or b) to replace such trees with appropriate species. Such replacement trees shall be as close in size and character to the removed trees as is practicable but such replacement trees shall not normally be expected to be larger than 48" box. Said agreement shall be binding upon developer's heirs, assigns and successors in interest. 6. The sidewalk requirements as shown on the tentative map on both Cook Court and Jacaranda Drive shall be eliminated and may be installed at the option of the developer. Presented by Approved as to form by ;'~~~.. ~;ot~'~D' Planninq Lindberg, City Attorney -4- ! {)L[ ~lr ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHl.l.A VISTA, CALIFORNIA, this 9th '9'K 1 , by the following vote, t01t: day of l1IJnp AYES: NAYES: ABSTAIN: ABSENT: Councilmen Scott, Hyde, Cox, McCandliss Counc:ifmen CoI.rIcilmen Councimen Gillow None None fA)&J2. "1M Mayor of the City of ChuIa Visto STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 55. CITY OF CHULA VISTA ) I, JENNE 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. 10494 ,and that the IOme has not been amended or repealed. DATED ( seal) City Clerk CC-660 IOl(tH.( RESOLUTION PCS-81-7 RESOLUTION OF THE CITY PLANNING COMMISSION RECOMt1ENDING TO THE CITY COUNCIL THE APPROVAL OF THE TENTATIVE SUBDIVISION MAP FOR CHULA VISTA TRACT 81-7, PEPPER TREE ESTATES WHEREAS, a tentative subdivision map for Chula Vista Tract 81-7, Pepper Tree Estates, was filed by ADMA Company, Inc. to subdivide 7.3 acres at the southeast quadrant of Pepper Tree Drive and Jacaranda Drive into 15 single family residential lots, and WHEREAS, Section 66473.5 of the State Map Act provides that approval of a subdivision map shall be based upon findings of consistency between the subdi- vision map and the adopted general or specific plan for the area, and WHEREAS, the environmental impact report, EIR-81-2, covering the project was certified by the Planning Commission on March 25,1981, 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 newspaper of general circulation in the 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., April 22, 1981, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: From facts presented to the Planning Commission concerning the development, the Commission finds as follows: a. The site is physically suitable for residential developmend and the proposal conforms to all standards established by the City for such project. b. The design of the subdivision will improve traffic flow in thearea and will avoid any substantial environmental damage by preserving many existing trees. c. The project is in conformance with the Chula Vista General Plan Elements as follows: 1. Land Use - The General Plan designates the area for low density residential, a range of 1 to 3 dwelling units per gross acre; the tentative map proposes 2 dwelling units per acre. 2. Circulation - The development will be served by a private street system. It has been determined that a connection to the existing stubbed section of Jacaranda is not necessary. ( Dyq ~ -1- 3. Housing - The proposed project will provide additional quality housing in the community in keeping with the low density character of the area. 4. Conservation - The project has been designed to preserve the majority of the trees on the site and the homes will be custom built to the natural topography; grading will be minimal. 5. Parks & Recreation, and Open Space - The proposed development will be required to pay fees in lieu of the dedication and improvement of park lands and no open space is designated for the area. 6. Seismic Safety, and Safety - No known active faults exist on or within close proximity of the property. The site is well within the response time of the fire stations on "F" and East -"J" Streets. The developer will be required to remove the landscaping on the south side of Pepper Tree Road to improve the sight distance at the intersection with Jacaranda Drive. 7. Noise - There are no significant stationary or mobile sources of noise which will affect the project. 8. Scenic Highway - The subject property neither abuts nor is adjacent to a designated scenic route. 9. Bicycle Routes - The subject property will be served by a private street system and there are no designated bicycle routes adjacent to the site. 10. Public Buildings - No public buildings have been designated on the site. d. Pursuant to Section 66412.2 of the Subdivision Map Act, the Commission 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 and determined that the subject property is well suited for a low density development and that oppor- tunities exist in other locations for moderate income housing. BE IT FURTHER RESOLVED: That the Planning Commission recommends that the City Council approve the tentative subdivision map for Chula Vista Tract 81-7, Pepper Tree Estates, subject to the following conditions: 1. The developer shall provide a drainage facility across Pepper Tree Road at the location of the existing 15"x27" corrugated metal pipe, I dc{ q ~ arched (CMPA) adequate to handle a fifty year runoff. 2. The developer shall provide a storm drain from the eastern boundary within Lot 15 to the existing 15"x27" CMPA adequate to handle a fifty year runoff. 3. A standard cross gutter, per Chula Vista Construction Standard 2, shall be installed at the northern end of Jacaranda Drive. 4. The developer may be required by the City Engineer to provide an energy dissipator similar to the type shown on Regional Standard Drawing 0-41 at the outlet of the 18 inch storm drain shown on the tentative map. 5. The developer shall provide for sight distance from the intersection of Jacaranda Drive and Pepper Tree Road east from Jacaranda Drive a minimum of 250 feet. 6. The developer shall dedicate to the City adequate land to provide 28 feet of right-of-way along Pepper Tree Road adjacent to the subdivision (from existing centerline). 7. The developer shall grant a 7.5 foot street tree easement along Pepper Tree Road south of the right-of-way to be dedicated. 8. The developer shall be responsible for constructing the southerly half of Pepper Tree Road adjacent to the subdivision. The provision for sidewalk is waived. Design for curb and gutter will be predicated on drainage requirements for the area. 9. A reciprocal access easement shall be granted between parcels 14 and 15, per Chula Vista Municipal Code requirements; said access shall not conflict with the use of any sewer or storm drain easement paralleling Pepper Tree Road. 10. The developer shall grant to the City 10 foot sewer easements for all public sewers. 11. The developer shall grant the drainage easement across lots 14 and 15. In addition the developer shall obtain and grant the drainage easement offsite from the subdivision boundary to the location of the existing 15"x27" CMPA, both as shown on the tentative map. 12. The developer shall submit plans for the improvement of both Jacaranda Drive and Cook Court. Said plans shall also include but are not 1 imited to: a) sidewalk; b) entry treatment; c) location and type of textured paving; d) access to lots 14 and 15; and e) planter treat- ment around the trees within the road easement. The plans shall be subject to the approval of the City Engineer and the Director of Planning prior to the approval of the final map. } t\Uq ~ 13. The entry into the project CJacaranda Drive) shall identify the road s~stem as private and shall be so treated as to denote that the system is private. This may be accomplished by the use of textured paving, pilasters and walls. The name of the project may be identified at the entry. 14. Prior to the approval of the final map, the developer shall provide development standards within the CC&R's for the subdivision which would include but is not limited to: a) maximum percent of the lot which may be graded; b) disposition of existing trees; c) maintenance of the entrance, roads, walks and trees within the road easement; and d) main- tenance of the private sewer main and lift station. The City of Chula Vista shall be named as a party to the CC&R's, authorizing the City to enforce the terms and conditions of the CC&R's in the same manner as any owner within thE subdivision. 15. The ultimate alignment of Cook Court shall be subject to the approval of the City Engineer and Director of Planning who shall review said alignment so as to retain as many trees as possible. The City's Landscape Architect shall determine which trees shall be preserved. 16. Building permits shall not be issued until letters from both the Sweetwater High School and Chula Vista Elementary Districts are filed with the City indicating that adequate school facilities are available to serve the development. 17. Park Acquisition and Development fees shall be paid concurrent with approval of the final map, and Residential Construction Tax fees shall be paid prior to issuance of building permits. 18. Signs shall be posted along Jacaranda Drive prohibiting parking. The Planning Cc.mr.l;ss,ion 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 22nd day of April, 1981, by the following vote, to-wit: AYES: Commissioners Stevenson, R. Johnson, Williams, Pressutti, G. Johnson and O'Neill NOES: None ABSENT: None /"'), ./ ~h4~"7'C_,' . ChaTrman---' ATTEST: '"'), i : /' ). , /J~<-{",-,_//id' /0,-",- , / Secretary -- ,... - ..,e.R1REE ~E.PI"" Existing 2 story house to remain 2 9 3 5 8 f r 6 7 l:l (PEPPERTREE ES"T. ) EXHIBIT - - PCS-8'-7 ) I~ SINGLE FAMILY' LoTS I "- 0-/00 PEPPERTREE ROAD NOfIJH ( A ". r- I I ....- i ~ ': . .....-... ! I I&J > - a: c Q. o II ~. :..I. - -I - :r: . 11I-' I SF SF I SF I 1- CHULA ~';TA I ......U~I!. C COUNTY SF . SF . - --- -r........ I SF SF n ..... JIJ(1I ----.-,...- SF S SF .....ni---- SF I _OJ. .. L'SF .JT CRESTA DR. SF ~FJSF PEPPER ..1 SF EL SF SF SF ., .. . ~. .. .. .. .. ,. SF Sf" SF ---I I J .... . "!II "- - ..,. SF , 1'.... SF t I ......~ r- I .....'1 I SF I ....---_.( 1_, I I SF I PRO'vEC~ PEPPER SF I ~ SF SF SF SF z o ;;0 -4 :AC :I: VAC SF SF o > o ::u SF SF SF SF SF SF RANCHO ) L u ~F_ 1 SF , '- SF lit ... 1"'.......1.. SF .. I : I .. SF EAST , (PEPPERTRI:.t:. No~ii( ESTATES ) LOCATOR PCS-SI-7 J '. 15 SINGLE FAMILY LOTS 0-100 "~~EE ROAD .~ -..-.