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HomeMy WebLinkAboutReso 1980-10103 Revised .6-6-80 RESOLUTION NO. 10103 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENTATIVE MAP FOR EL RANCHO DEL REY UNIT 6 The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, EIR-80-5 and the CEQA findings which are supplemental to that EIR for the subject property has heretofore been certified by the City Council, and WHEREAS, the Planning Commission of the City of Chula Vista has heretofore approved that certain tentative map of a subdivision to be known as Chula Vista Tract 80-5, EL RANCHO DEL REY UNIT 6, and has recommended that the City Council approve said tentative map subject to the conditions contained in Planning Commission Resolution No. PCS-80-5, adopted on the 9th day of April, 1980, a copy of which is attached hereto and by this reference made a part hereof the same as though fully set forth herein. NOW, THEREFORE, BE IT RESOLVED that the City Council of 46 the City of Chula Vista does hereby approve said tentative sub- division map in accordance with Planning Commission Resolution No. PCS-80-5 subject to the following Council modifications: 1. Street names shall be considered for approval prior to or concurrent with consideration of the final map, and contin- gent upon Council's approval of a plan for the provision of 37 low or moderate income housing units. 2. Condition No.2 is amended to read as follows: Approval of the final map is contingent upon applicant's provision of at least 10% of his housing units as rental units affordable to low or moderate income families to be located on the subject site and that prior to submission of the final map, the developer shall present a program as to the means of achieving this goal for consideration and approval of the City Council. 3. Condition No. 13 is amended to read as follows: That based upon the failure of the school district to submit evidence of overcrowding in accordance with the requirements of City Ordinance No. 1848, the City Council hereby accepts the standard school fees as submitted by developer to be sufficient to demonstrate to the Council that developer and school districts have reached an equitable agreement regarding school facilities. 4. Condition No. 14 is amended to read as follows: The developer shall be obligated for either: a. 1.86 acres of dedicated park land and $18,850 in fees. plus improvements costs of $36,900 (in addition, RCT fees, will be required with the issuance of a building permit); or b. The dedication and grading of the entire 5.3 acre site with street improvements installed, and contribu- tion of a dollar amount determined by the City to complete contruction of the park. The City would be responsible for the design and construction. , ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 27th day of May 19'( 0 , by the following vote, to-wit: AYES: Councilmen Hyde, McCandliss, Gillow, Cox NAYES: Councilmen Scott ABSTAIN: Councilmen None ABSENT: Councilmen None &jill~t~ Mayor of the City of ChuZa Vista ATTEST Deputy City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ) ) ) 55. I, JANE A. DIEDRICHS, DEPUTY CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a fuZl, true and correct copy of RESOLUTION NO. 10103 and ... that the same ~s not been amended or repealed. DATED Deputy City Clerk (SEAL) :C-660 (a) /0103 Said alternatives shall be selected and approved by the Council at the time the final map is considered by the City Council. 5. Condition No. 18 is amended to read as follows: The developer shall be responsible for the construction of full street improvements in Paseo del Rey from East "J" Street to the future northerly right-of-way of East "H" Street. Said improve- ments shall be constructed in accordance with collector street standards. The developer shall also be responsible for acquiring, and dedicating to the City, the necessary 80 feet of right-of-way to construct said improvements prior to approval of the final map. Improvement of Paseo del Rey may be deferred subject to the pro- vision of a security arrangement approved by the City Attorney. 6. Condition No. 30 is amended to read as follows: That developer shall participate in a reimbursement district to be established by the City Council for improvements installed by the developers of the Casa del Rey Subdivision which benefit El Rancho del Rey and which tentatively have been determined to encompass the following: a. Frontage charge of $82.07 per foot of frontage along the north side of East "J" Street, between Stations 3+63 and 10+00, as shown on Drawing No. 78-329D. b. Frontage charge of $58.51 per foot of frontage along the north side of East "J" Street, between Stations 10+00 and 15+14, as shown on said Drawing No. 78-324D and 78-329D. c. Frontage charge of $138.48 per foot of frontage along the east side of Paseo Ladera, between Stations 7+45 and 15+60; all frontage on Paseo Entrada between Stations 0+00 and 1+94, and frontage on the south side of PaseoEntrada between Stations 1+94 and 4+36 as shown on said Drawings No. 78-327D and 78-341D, 78-342D and 78-343D. d. Frontage charges of $95.57 per foot of frontage along the west side of Paseo Ladera, between Stations 7+45 and 15+60, as shown on said Drawings Nos. 78-326D, 78-327D, 78-342D and 78-343D. e. Area charge of $175.71 per dwelling, or $702.84 per acre, whichever is greater, for property lying south of East "J" Street and making use of the improvement in Paseo Ladera between Telegraph Canyon Road and Station 7+45, as shown on said Drawing No. 78-343D. f. Area charge of $175.71 per dwelling unit, or $351.42 per acre, whichever is greater, for property lying north of East "J" Street and making use of the improve- ment in Paseo Ladera between Telegraph Canyon Road and Station 7+45 as shown on said Drawing No. 78-343D. It is understood and agreed that the procedures prescribed in Chapter 15.50 for the interest rate as provided therein shall apply to any reimbursement collected pursuant thereto. Further, developer agrees to waive all rights to protest the establishment of such reimbursement district; provided, however, it shall be reserved to developer to question areas of benefit and assessments to be levied against such benefitted areas at the time the City conducts the public hearing on the establishment of the reimburse- ment district. .~ \ \ ,-\ ........... _/ D. J.r-P~terson, Planning \,/- , Approved as to form by .(~~~c. CC}:fLd:A,'. George D. Lindberg, City Attorney Presented by Director of _.~ )0103 -~~ EI Rancho del Rey Unit 6 RECOMMENDED AMENDMENT TO I TEM NO. CONDITIONS OF TENTATIVE MAP APPROVAL 30, PAGE 8 That developer shall participate in a reimbursement district in accordance with the following tentative basis and based upon a benefit to El Rancho del Rey: a. Frontage charge of $82.07 per foot as shown on Exhibit "B-I" attached hereto, of frontage along the north side of East "J" Street, between Stations 3+63 and 10+00, as shown on said Drawing No. 78-329D. b. Frontage charge of $58.51 per foot as shown on Exhibit "B-2" attached hereto, of frontage along the north side of East "J" Street, between Stations 10+00 and 15+14, as shown on said Drawing No. 78-324D and 78-329D. c. Frontage charge of $138.48 per foot as shown on Exhibit "B-3" attached hereto, of frontage along the east side of Paseo Ladera, between Stations 7+45 and 15+60; all frontage on Paseo Entrada between Stations 0+00 and 1+94, and frontage on the south side of Paseo Entrada between stations 1+94 and 4+36 as shown on said Drawings No. 78-326D, 78-327D and 78-34lD, 78-342D and 78-343D. d. Frontage charges of $95.57 per foot as shown on Exhibit "B-4" attached hereto, of frontage along the west side of Paseo Ladera, between Stations 7+45 and 15+60, as shown on said Drawings No. 78-326D, 78-327D, 78-342D and 78-343D. e. Area charge of $175.71 per dwelling unit, as shown on Exhibit "B-5" attached hereto, or $702.84 per acre, whichever is greater, for property lying south of East "J" Street and making use of the improvement in Paseo Ladera between Telegraph Canyon Road and Station 7+45, as shown on said Drawing No. 78-343D. f. Area charge of $175.71 per dwelling unit, as shown on Exhibit "B-5" attached hereto, or $351.42 per acre, whichever ;s greater, for property lying north of East "J" Str8f~t and making use of the improvement in Paseo Ladera between Telegraph Canyon Road and Station 7+45 as shown on said Drawing No. 78-343D. g. Interest charge for the purposes of the fulfillment of this agreement shall be at a simple annual rate of seven percent (7%) or such other rate as may be esta- blished for this purpose by the City Council in the future, applied to the amounts determined as stated above, and computed for the time period commencing and ending on the date the charges are collected. h. It is understood and agreed that the procedures prescribed in Chapter 15.50 for the interest rate as provided therein shall apply to any reimbursement collected pursuant thereto. . r Further, developer agrees to wuive ull rights to protest the esta- blishment of a reimbursement district; provided, however, it shall be reserved to developer to question areas of benefit and assessments to be levied againsts such benefitted areas at the time the City conducts the public hearing on the establishment of the reimbursement district. J ~-:J / 0 I 0) - 3,- RESOLUTION NO. PCS-80-5 RESOLUTION OF THE CITY PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL THE APPROVAL OF THE TENTATIVE SUBDIVISION MAP FOR CHULA VISTA TRACT 80-5, EL RANCHO DEL REY UNIT 6 WHEREAS, a tentative subdivision map for Chula Vista Tract 80-5, El Rancho del Rey Unit 6, was filed by El Rancho del Rey to subdivide approximately 181 acres located in the Ranchero Sectional Planning Area of the El Rancho del Rey Specific Plan, 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 9, 1980 in the Council Chambers, Public Services Building, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed, and WHEREAS, on April 9, 1980 the Planning Commission adopted the Candidate CEQA findings relating to environmental impacts of the project as contained in EIR-80-5, certified by the Planning Commission on January 9, 1980. NOW, THEREFORE, BE IT RESOLVED AS FOllOWS: 1. From facts presented to the Planning Commission, the Commission finds that pursuant to Section 66473.5 of the Subdivision Map Act, the tentative sub- division map for Chula Vista Tract 80-5, El Rancho del Rey Unit 6, is consistent with the El Rancho del Rey Specific Plan. The map is also found to be consistent with all elements of the General Plan except the Housing Element. Accordingly, approval of the map must be contingent upon the applicant's provision of 10% of the units at prices affordable by low or moderate income families, either onsite or in an alternate location satisfactory to the City Council. Conformance with General Plan elements is described below: a. land Use Element - The El Rancho del Rey Specific Plan designates the area for residential development at 2-3 dwelling units per acre and a high school site of approximately 50 acres. The approved map conforms to the maximum allowable unit figures and substitutes the same density for the site originally proposed as a high school. The replacement of the high school site with residential development is subject to Council's amending the Sectional Planning Area plan. b. Circulation Element - "J" Street, paseo Del Rey and Paseo ladera will be extended in accordance with the adopted Specific Plan except for that portion of "J" Street which bisects property not owned by the appl icant. ) T>f h 4... _1_ JDJD3 c. 'Housing Element - The project proposes three housing types: single family dwellings, zero lot line, and couplets. The applicant has not addressed the issue of providing low/moderate income housing within this specific project, however, the developer has submitted an alternate plan for low or moderate income families in the area designated as open space at the intersection of Telegraph Canyon Road and Paseo Ranchero. If this proposal is rejected and no alternative satisfactory to the Council is presented, the tentative map should be denied on the basis of nonconform- ance with the Housing Element of the General Plan. d. Conservation Element - The tentative subdivision map is designed to create in excess of twice the amount of open space required in the adopted El Rancho del Rey Specific Plan. Areas of natural open space will preserve certain environmentally sensitive species and individual plants within disturbed areas will be required to be transplanted to appropriate open space areas. e. Park and Recreation, and Open Space Elements - The proposed project will result in the retention of nearly one-half of the site for open space. In addition, a 5+ acre park site will be dedicated and constructed in conjunction with the project. The amount of land exceeds the require- ments of the adopted Specific Plan and the park site will replace a park rejected by City Council action in the adjacent Ladera Sectional Planning Area. f. Seismic Safety Element - The Seismic Safety Element identifies the La Nacion fault which both bisects and traverses the easterly extremity of the project. The fault zone is more accurately depicted on the subdivision map. An as-built geologic map will be required. g. Noise Element - All exterior side and rear yard areas exposed to traffic levels of 65 dBA or greater will be screened to adequately reduce noise levels. In addition, all residential structures subject to similar noise levels shall be designed to assure a 20 dBA loss through the exterior walls, and future plans for the construction of a church shall insure a maximum interior noise level of 40 dBA. h. Scenic Highway Element - Development along "J" Street shall be subject to a 35 foot setback to allow for more landscaping and open vistas. Building designs, location, and signs will all be controlled through the use of architectural review and development standards to insure compliance with the Scenic Highway Element. -:2- i. Bike Routes Element The proposed development will include bike lanes in '''jll Street and Paseo Ladera. j. Public Buildings Element - The senior high school site is located in the southeast corner of the project, however, no evidence has been sub- mitted by the affected school district indicating that overcrowding will result from this or other projects requiring the retention of the site. 2. Pursuant to Section 19.48.100 of the Chula Vista zoning ordinance, the Commission finds that the Specific Planning Area plan will: a. Promote the orderly, sequential development of the Ranchero Sectional Planning Area by causing development to progress from west to east; b. Not adversely affect adjacent land use, residential enjoyment, circu- lation, or environmental quality by virtue of the slope conditions, street pattern, public facilities and open space system which are incorporated into the plan. 3. Pursuant to Sec. 66412.2 of the Subdivision Map Act the Commission certi- fies 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. BE IT FURTHER RESOLVED: That based on the findings previously stated, the Planning Commission recommends that the City Council approve the tentative subdivision map for Chula Vista Tract 80-5, El Rancho del Rey Unit 6, subject to the following: 1. The developer shall make the following revisions to the map: a. Rework Lots 42 and 326 to adjust lot lines to accommodate proposed residential development. b. Delete Lots 14, 21, 22, 23, and 24 unless the present owner signs the map or the lot area is acquired by the subdivider. c. The rear lot areas of Lots 30, 31, 32, 33,39,40 and 41 shall be dedicated to the City and placed in an open space maintenance district. d. The entire SDG&E right-of-way shall be dedicated to the City for open space. e. Revise the typical section for Street 11111 to show 10 feet from the centerline to the face of berm on the east side. f. The existing slope along Paseo Ladera in the vicinity of Pas eo Entrada, as shown on the tentative map, does not agree with grading as shown on Chula Vista Drawing No. 78-327D. If the grading was actually performed as shown on said drawing, the map shall be revised to reflect this. -3- /0103 _ iOl03 g.' Provide horizontal data on Paseo del Rey north of East "JI' Street. h. The typical section for Paseo Ladera is described as "from Entrada to East IJ' Street. II It should be from Paseo Entrada. i. Add 20 foot wide water line easement within the park area adjacent to Lot 134 and along street "G" and "J" Street in accordance with requirements and alignment approved by the Otay Municipal Water District. j. The eastern La Nacion fault zone shall be delineated on the tentative map. k. Add street names im accordance with the approved list. The developer shall submit a proposed street name list for Planning Department approval prior to City Council action on the tentative map. 2. Approval of the tentative map is contingent upon the applicant's provision of 10 per cent of his housing units at a price affordable by low or moderate income families either on the subject site or in an alternative location acceptable to the City Council. 3. The developer shall record CC&R's and easements for the zero lot line lots which provide for drainage, roof and eave projections; access for the purposes of maintenance, repair, or remodeling of lot line structures; compatibility of materials, textures, and color; and related matters. Such deed restrictions and easements shall be recorded concurrently with the recordation of the subdivision map or maps creating designated zero lot line lots, and shall be subject to the approval of the Planning Commission or, on appeal, the City Council. The easement shall be a minimum of 10 feet in width extending the full length of the property line. 4. That portion of the subdivision not included in the present boundaries of the City of Chula Vista shall be annexed prior to consideration of the final map or grading of the property. 5. Prior to recordation of the final map, a copy of the CC&R's shall be filed with the City making the City a party thereto. The CC&R's shall include but are not limited to the following: a. All required walls and fencing shown on the approved plan filed with the City of Chula Vista shall be the responsibility of the developer and his successors in interest. Said walls and/or fences shall be maintained by the individual homeowner in a manner satis- factory to the City of Chula Vista. b. Garage conversions on lots used for couplet or zero lot line develop- ment shall be expressly prohibited. -4- c. Installation of outside T.V. or radio antennas shall be expressly prohibited. 6. The developer shall grant an open space easement to the City for all areas identified on the map that are not part of a developable pad area or separate open space lot. The open space easement shall prohibit the developer and his successors in interest from grading or construction within the easement area (including fence installation). The boundary of the easement line may be located a maximum of 25 feet away from the top of the slope. 7. All zero lot line houses shall include rain gutters and downspounts which are architecturally compatible with the building design. 8. Lot 91 shall be subject to site plan review to include a turnout area so as to avoid backing out onto "J" Street. 9. Lots designated for couplet and zero lot line construction shall be recertified for grading prior to occupancy to insure proper drainage. 10. Prior to the issuance of a grading permit, an overall irrigation and landscaping plan shall be submitted for all graded slopes with the exception of the neighborhood park which shall be the responsibility of the City. In addition, tree planting may be required in specific canyon areas to supplement the native vegetation, subject to the approval of the City Landscape Architect. The project landscape architect shall be under contract to supervise landscape construction of the project. 11. The developer shall dedicate all open space areas not subject to an open space easement as defined by the tentative subdivision map. The developer shall request the formation of an open space maintenance district to cover the dedicated areas and such district shall be established prior to the recordation of the final map. The neighborhood park area shall not be included within the main district responsibilities as it will be part of the City's overall park maintenance program. 12. The City's standard split rail fence design shall be used where fencing is required by the City Engineer adjacent to the public right-of-way. 13. Prior to action by the City Council, the school districts shall submit evidence of overcrowding and request the dedication of land and/or fees in accordance with City Ordinance #1848; or the districts shall notify the Council in writing that they have reached an equitable agreement with the developer regarding school facilities. In the event that the high school site is not required for use by the Sweetwater Union High School /OjQ3 District the developer may proceed with the proposed subdivision of the a rf>iI _ - S'- . 14~ the developer shall be obligated for either: a. 1.86 acres of dedicated park land and $18,850 in fees, plus improve- ment costs of $36,900 (in addition, RCT fees will be required with the issuance of a building permit); or b. The dedication and grading of the entire 5.3 acre site with street improvements installed, and contribution of a dollar amount determined by the City to complete construction of the park. The City would be responsible for the design and construction. 15. All slopes where Paseo del Rey extends through biologically sensitive Area A shall be revegetated with native plant materials typical of north- facing slopes of El Rancho del Rey and irrigated with an appropriate system. An exception to this revegetation program would be the areas adjacent to residential lots which are to be planted with fire retardant materials. 16. Prior to any clearing or grading of the site, all substantial individual plants of snake cholla (opuntia parryi var. serpentina) and coast barrel cactus (ferocactus viridescens) which would be removed due to develop- ment of the project, shall be transplanted to an appropriate open space area. The transplantation shall be accomplished under the supervision of a qualified botanist. No parking or storage of construction associated equipment or vehicles shall be permitted in natural open space areas or on undisturbed areas offsite. An adequate fire break shall be provided where development abuts natural vegetation. 17. A two phased program shall be undertaken to avoid possible significant impacts on paleontological resources. a. Phase I shall consist of a qualified paleontologist doing a liter- ature and records search, surface survey, sub-surface testing if necessary, the recordation of any sites, and a recommendation regard- .i ng the need for further work. b. If it is determined during Phase I that further work is necessary, it shall consist of the following: o A qualified paleontological monitor shall be present at a pre- grading conference with the developer, grading contractor and the Environmental Review Coordinator. The purpose of this meeting will be to consult and coordinate the role of the paleontologist in the grading of the site. A qualified paleontologist is an individual with adequate knowledge and experience with fossilized ) D f D '5 -6- o The paleontologist monitor shall be present during the grading of the Pliocene San Diego Formation (Tsd) on the site. The monitor shall have the authority to temporarily direct, divert or halt grading to allow recovery of fossil remains (primarily marine mammals). At the discretion of the monitor, recovery may include washing and picking of soil samples for micro-vertebrate bone and teeth. The developer shall authorize the deposit of any resources found on the project site in an institution staffed by qualified paleontologists, such as the Natural History Museum, operated by the San Diego Society of Natural History. The developer should be aware of the random nature of fossil occurances and the possibility of a discovery of remains of such scientific and/or educational importance which might warrant a long term salvage operation or preservation in-situ. 18. The developer shall be responsible for the construction of full street improvements in Paseo del Rey from East IIJII Street to the future northerly right-of-way of East IIH" Street. Said improvements shall be constructed in accordance with collector street standards. The developer shall also be responsible for acquiring, and dedicating to the City, the necessary 80 feet of right-of-way to construct said improvements prior to approval of the final map. Improvement of Paseo del Rey may be deferred subject to bonding approved by the City Engineer. 19. The developer shall be responsible for the construction of full street improvements in Paseo Ladera, from Paseo Entrada to East IIJII Street, from the westerly right-of-way line to a line 8 feet east of the center- line as shown on the typical section on the tentative map. A total of 43 feet of right-of-way shall be dedicated to the City to provide for said improvements prior to approval of the final map. 20. Where the entire right-of-way of Street 11111 lies within the subdivision boundary, the developer shall be responsible for the construction of full street improvements in accordance with residential collector street stan- dards. Where the entire right-of-way does not lie within the subdivision boundary, the developer shall be responsible for construction of full street improvements within the boundary and to a line 10 feet east of the centerl i ne of Street II 1 II . The developer sha 11 also be respons i b 1 e for dedicating a total of 40 feet of right-of-way in order to provide for the ;16 } 0 ~ above mentioned improvements. 21. The. developer shall be responsible for obtaining, and granting .to .the City, slope rights and drainage easements along Street lilli, Paseo del Rey and Paseo Ladera as necessary to accomplish the proposed work along said streets. This acquisition and granting shall be accomplished prior to approval of the final map. 22. All cul-de-sacs shall be constructed in accordance with CVDS 7 of the Chu1a Vista Design Standards. 23. The owner shall grant to the City, by grant deeds, one foot control lots as determined by the City Engineer. 24. Letters of permission shall be obtained for any offsite grading or other work. 25. During the progress of land development operations, the developer shall take all precautions reasonably necessary to protect adjacent property from damage due to erosion, flooding, silting and other storm related hazards which are a consequence of his operations. Measures to mitigate the above mentioned hazards shall be incorporated into the final grading plans. The areas of primary concern are along the northerly subdivision boundary. 26. The storm drain system shown on the tentative map is approximate only. The entire system, including locations and sizes of all facilities, shall be approved by the City Engineer as a part of the final grading and improvement plans. 27. The developer shall grant easements to the City for street tree planting and maintenance along dedicated streets as determined by the City Engineer. 28. All mitigation measures identified in the Environmental Impact Report for this project shall be incorporated into the development work. 29. The developer shall participate in a reimbursement district or assessment district for the improvement of major thoroughfares and Public Works facil ities, such as East IIH" Street and Telegraph Canyon Road, as appro- priate. 30. The developer shall be responsible for reimbursing others for portions of Paseo Ladera already constructed which benefit the subject property. 31. The developer may request that a reimbursement district be formed for those portions of Street 11111. Paseo del Rey and Paseo Ladera which are constructed outside the subdivision boundary and will provide benefit to other properties. /D)03 -- '-,;~, ..J The Planning Commission directs that this resolution be forwarded to the City Council and a copy sent to the applicant. PASSED AND APPROVED BY THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORtJIA, thi s 9th day of April, 1980, by the fo 11 owi ng vote, to-wit: AYES: Commissioners R. Johnson, Pressutti, Williams, Smith, G. Johnson and Stevenson NAY: Commissioner 0lNeil1 ABSENT: None / i I .1I1~v !t/-3n~L [JJ ". Cha 1 rm , ..// ATTEST: -' ., , , " ) ./ / -- ,r:- /--:,; I -l...:", , Secretary /0/03