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HomeMy WebLinkAboutAgenda Statement 1987/11/24 Item 8a, b, cr1 L_J COUNCIL AGENDA STATEMENT Item 8a. b, c Meeting Date 11/24/87 ITEM TITLE: a) Resolution l33 5 7 Approving Final Map and Subdivision Improvement Agreement and authorizing the Mayor to execute said agreement for Chula Vista Tract 86-3, Bonita Long Canyon Estates Unit No. 5 b) Resolution Ordering the summary vacation of certain sewer and drainage access easements within the boundaries of Chula Vista Tract 86-3 Unit No. 5 c) Resolution Approving an agreement between the City, the developer, and the State Department of Fish and Game providing for maintenance of certain channel improvements in Long Canyon and authorizing the Mayor to execute said agreement SUBMITTED BY: Director of Public Works REVIEWED BY: City Manageq~ (4/5ths Vote: Yes No X ) On December 17, 1985, by Resolution No. 12285, the City Council approved the • tentative subdivision map for Chula Vista Tract 86-3, Bonita Long Canyon Units 2 through 7. The Final Map for Unit 5 of said subdivision and associated items are now before Council for approval. RECOMMENDATION: That Council adopt resolutions as listed in the item title of this report. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Unit No. 5 of Chula Vista Tract 86-3, Bonita Long Canyon consists of 134 single family lots and 4 lots for open space, public utilities and other public uses. The final map for said unit has been reviewed by the Public Works Department and found to be conformance with the approved Tentative Map. Approval of the map constitutes acceptance of all drainage, sewer, access, and tree planting easements within the subdivision and acceptance on behalf of the public of Canyon Urive, Country Vistas Lane, Sandy Creek Drive, White Birch Drive, Cherry Hills Lane, Red Hill Lane, Hickory Terrace, Oak View Terrace and Pepperwood Court. Approval of the map also constitutes acceptance of Lots N, 0, P and Q for open space purposes. The developer has executed a subdivision improvement agreement and has provided bonds to guarantee construction of the required improvements. • Page 2, Item 8a b c Meeting Date-T7 In conjunction with Bonita Long Canyon, Unit 4, the developer (McMillin Development Inc.) entered into an agreement with the City wherein the developer agreed to the following: a. To pay his fair share of the cost of public improvements to be provided under the public financing plan and development agreement. b. Not to protest the establishment of a facilities benefit assessment district. Under said agreement, the developer is obligated to pay an interim impact fee (currently $1,188.70) for each single family lot within Chula Vista Tract 86-3, Units 4, 5, 6 and 7 at such time as the developer applies for a building permit for construction on such lot. The developer has complied with all conditions of approval relating to Unit 5. Condition 39 of the resolution approving the Tentative Map states: "An improved low flow channel shall be provided for Long Canyon flows between the retention basin outlet and the upstream end of the existing concrete low flow channel north of the subdivision boundary with development of Unit 5 of the project. The City Engineer shall have the • discretion to waive this requirement based upon his analysis of the need for the low flow channel at the time of development of Unit 5." This condition arose as a result of concerns expressed by downstream property owners at the public hearing for consideration of the subject Tentative Map. The developer initially submitted plans for an eight foot wide concrete low flow channel similar to the one constructed downstream of the project by Bonita Ridge Estates in 1977. The State Department of Fish and Game informed the developers that they were opposed to a concrete channel in Long Canyon because of the associated destruction of wildlife habitat. The developers then submitted plans to the City for a gabion lined channel which the Department of Fish and Game and the City have both found acceptable. Gabions are metal cages containing medium sized rock. Within the project limits, the currently proposed improvements will fully contain the runoff from a storm of such intensity that it is expected to occur only once in a 50-year period. Staff are of the opinion that the proposed improvements are well in excess of those required by the cited condition of approval. The majority of the improvements will be constructed on property owned by the City for Open Space purposes (Lot 117 of the Bonita Ridge Estates and Lot 0 of Bonita Long Canyon Unit 5). A portion of the proposed channel improvements follows the existing creek bed across private property. The developers have been unsuccessful in negotiations with the property owner, Mr. Hyatt, to obtain an easement to construct the proposed channel improvements, and have requested that the City use its powers to obtain the easement through • condemnation proceedings. The developer will be responsible for all financial obligations relating to the condemnation. • Page 3, Item 8a, b, c Meeting Date-T1 L~I~7 The developer has proposed an agreement between the City, the developer, and the State Department of Fish and Game, to outline each partner's responsibilities regarding maintenance of the gabion channel. The developer is to be responsible for construction of the channel improvements, revegetation of all terrain disturbed by construction of the improvements, and maintenance of the channel for a period of two years after acceptance of the improvements by the City. The City agrees to notify the developer promptly of any unusual or dangerous conditions arising regarding the channel and to accept maintenance responsibility at the end of the two year period. The Department of Fish and Game agrees to allow the developer to construct the channel as proposed, and agrees to meet with the City to discuss maintenance of the channel and to jointly evaluate the project with respect to the question of whether the rock-lined channel bottom, after revegetation, is creating or aggravating a flooding hazard. Section 66462.5 of the Subdivision Map Act states: "A city, county or city and county shall not postpone or refuse approval of a final map because the subdivider has failed to meet a tentative rnap condition which requires the subdivider to construct or install offsite • improvements on land in which neither the subdivider nor the local agency has sufficient title or interest, including an easement or license, at the time the tentative or final map is filed with the local agency, to permit the improvements to be made. In such cases, the city, county or city and county shall, within 120 days of the filing of the final map, acquire by negotiation or commence proceedings to acquire an interest in the land which will permit the improvements to be made." Plans for the channel have been approved. The developer has submitted bonds and been issued a permit for the improvement of the channel (excepting the portion on Mr. Hyatt's property). In staff's opinion, and based on the cited passage in the Subdivision Map Act, Condition No. 3g has been completed. If final negotiations do not result in an agreement for the land from the Hyatt's property, the City Council will be asked to obtain the easement through condemnation. In conjunction with development of Units 1, 2, and 3 of Bonita Long Canyon, several sewer, drainage and access easements beyond the boundaries of those units were granted to the City. Development of Unit 5 has removed the need for many of these easements by providing replacement easements or utilizing newly created public streets for access. It is now appropriate to relinquish the original easements. Plats are available for Council viewing. • FISCAL IMPACT: None. the City Council of WPC 3318E Chula Vi, a, Califopr-n~ia Dated U '~ C7 COUNCIL AGENDA STATEMENT Item 8a, b, c Meeting Date 11/24/87 ITEM TITLE: a) Resolution Approving Final i?ap and Subdivision Improvement Agreement and authorizing the i".ayor to execute said agreement for Chula Vista Tract 85-3, Bonita Long Canyon Estates Unit iv o. 5 b) Resolution / ,350 Ordering the summary vacation of certain seover and drainage access easements within the boundaries of Chula Vista Tract 86-3 Unit No. 5 c) Resolution Approving an agreement between the City, the developer, and the State Department of Fish and Game providing for -naintenance of certain channel improvements in Long Canyon and authorizing the h~ayor to execute said agreement SUBMITTED BY: Director of Public iJorks t^{~/ t REVIEI•aED BY: City i~lanager~~ (4/5ths Vote: Yes No X ) ,, 0~~ December 17, 1985, by Resolution Flo. 1225, the City Council approved the • tentative subdivision map for C}Tula Vista Tract o6-3, Bonita Long Canyon Units ?_ through 7. The f=inal t~iap for Unit 5 of said subdivision and associated items are no~v before Council for approval. RECOMMENDATION: That Council adopt resolutions as listed in the item title of this report. BOARDS/COMMISSIONS RECOMMENDATION: iJot applicable. DISCUSSION: Unit No. 5 of Chula Vista Tract 85-3, Bonita Long Canyon consists of 134 single family lots and 4 lots for open space, public utilities and other public uses. The final map for said unit has peen reviewed by the Public t~lorks Department and found to be conforr^ance with the approved Tentative Map. Approval of tVie map constitutes acceptance of all drainage, server, access, and tree planting easements within the subdivision and acceptance on behalf of the public of Canyon Urive, Country Vistas Lane, Sandy Creek Drive, tJhite Birch Drive, Cherry Hills Lane, Red Hill Lane, Hickory Terrace, Oak View Terrace and Pepperwood Court. Approval of the map also constitutes acceptance of Lots N, 0, P and Q for open space purposes. The developer figs executed a subdivision improvement agreement and has provided bonds to guarantee construction of the required improvements. • • Page 2, Item 8a, b, c P•leeting Date 11/24/&7 In conjunction with Bonita Long Canyon, I!nit 4, the developer (Plci~lillin Development Inc.) entered into an agreement with the City wi~erein the developer agreed to the follotiaing: a. To pay his fair share of the cost of public improvements to be provided under the public financing plan and development agreement, b, riot to protest the establishment of a facilities benefit assessment district. Under said agreement, the developer is obligated to pay an interim impact fee (currently ,1,188.70) for each single family lot •~•aithin Chula Vista Tract 8E;-3, Units 4, 5, h and 7 at sucri time as the developer applies for a building permit fcr construction on such lot. The developer iias complied with all conditions of a!~proval relating to lJnit 5. Conditicn :;y of the resolution approving the Tentative P~,ap states: "An i ~~~proved 1 ow flow ci~annel steal l Lie previ ded for Lonq Canyon f 1 ows between the retention basin outlet and the upstream end of the existing concrete lo4v flow channel north of the subdivision boundary avith • development of Uni t 5 of the pro,j ect. Tire City tiigi Weer steal l have the <ii scre ti on to waive thi s requi rerrent rased upon hi s analysi s of the need for the lcw flow channel at the time of development of Unit 5." his condition arose as a result of concerns expressed by downstream property oti~lners at t;~e public hearing for consideration of the subject Tentative "lap. The developer initially submitted plans for an eight foot wide concrete loan flow channel similar to the one constructed downstream of the project by Bonita Ridge Estates in 1977. The State Department of Fish and Came informed the developers that they were opposed to a concrete channel in Long Carryon because of tiro associated destruction of wildlife habitat. The developers then submitted plans to the City for a gabion lined channel which the Department of Fish and Game and the City have both found acceptable. Gabions are metal cages contai ni rrg medium sized rock. !•Ji thi n tiro project 1 imi ts, the currently proposed improvements will fully contain the runoff from a storm of such intensity that it is expected to occur only once in a 50-year period. Staff are of the opinion that the proposed improvements are ivel l i n excess of those required by the cited condition of approval. The r~ajority of the improvements will be constructed on property owned by the City for Open Space purposes (Lot 117 of the Bonita Ridge Estates and Lot 0 of Bonita Long Canyon Unit 5), A portion of the proposed channel improvements follows the existing creek bed across private property. Tire developers have been unsuccessful in negotiations ~•aith the property owner, Mr. Hyatt, to obtain an easement to construct the proposed channel improvements, and have • requested that t'rre City use its powers to obtain the easement through condemnation proceedings. The developer will be responsible for all financial obligations relating to the condemnation. • Page 3, Item 8a, b, c Meeting Date 11-%2%87 The developer i~as proposed an agreement between the City, the developer, and the State Department of Fish and Game, to outline each partner's responsibili ties regarding raintenance of the gabion channel. The developer is to be responsible f or construction of the channel improvements, revegetation of all terrain disturbed by construction of the improvements, and maintenance of the channel for a period of two years after acceptance of the improvements by the City. The City agrees to notify the developer promptly of any unusual or dangerous conditions arising regarding the channel and to accept maintenance responsibility at the end of the two year period. The Departr;~ent of Fish and Game agrees to allow the developer to construct the ci~annel as proposed, and agrees to meet with the City to discuss maintenance of tide channel and to jointly evaluate the project with respect to the question of Lvhether the rock-lined channel bottom, after revea_etation, is creating or aggravating a flooding i~azard. Section 65462.5 of the Subdivision ialap act states: "A city, county or city and county sisal 1 not postpone or refuse approval of a final map because the subdivider ryas failed to meet a tentative map • r_oridition ;vhich requires the subdivider to construct or install offsite improvements on land in which neither the subdivider nor the local agency has sufficient title or interest, including an easement or license, at the time the tentative or final map is filed with the local agency, to permit the improvements to be made. In such cases, the city, county or city and county sisal l , wi thi n 120 days of the fi 1 i ng of the final map, acquire by negotiation or commence proceedings to acquire an interest in the land which will permit the improvements to be made." Plans for the channel have been approved. The developer has submitted bonds and been issued a permit for the improvement of the channel (excepting the portion on t~1r. Nyatt's property). In staff's opinion, and based on the cited passage in the Subdivision slap Act, Condition iJo. 3S has been completed. If final negotiations do not result in an agreement for the land from the Hyatt's property, the City Council will be asked to obtain the easement through condemnation. In conjunction with development of Units 1, 2, and 3 of Bonita Long Canyon, several sewer, drainage and access easements beyond tiie boundaries of those units were granted to the City. Development of Unit 5 has removed the need for many of these easements by providing replacement easements or utilizing newly created public streets for access. It is now appropriate to relinquish tine original easements. Plats are available for Council viewing. • FISCAL IMPACT: tJone. 1rJPC 331 LE the City Cauncil of Chula Vista, C::!i~ornia Dated • COUNCIL AGENDA STATEMENT Item 8a, b, c Meeting Date 11/24/87 ITEM TITLE: a) Resolution Approving Final Map and Subdivision Improvement Agreement and authorizing the Mayor to execute said agreement for Chula Vista Tract 86-3, Bonita Long Canyon Estates Unit No. 5 b) Resolution Ordering the summary vacation of certain sewer and drainage access easements within the boundaries of Chula Vista Tract 86-3 Unit No. 5 c) Resolution /,3_3~ Approving an agreement between the City, the developer, and the State Department of Fish and Game providing for maintenance of certain channel improvements in Long Canyon and authorizing the Mayor to execute said agreement SUBMITTED BY: Director of Public Works REVIEWED BY: City t~anageq~ (4/5ths Vote: Yes No X ) On December 17, 1985, by Resolution No. 12285, the City Council approved the • tentative subdivision map for Chula Vista Tract 86-3, Bonita Long Canyon Units 2 through 7. The Final Map for Unit 5 of said subdivision and associated items are now before Council for approval. RECOP•1MENDATION: That Council adopt resolutions as listed in the item title of this report. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Unit No. 5 of Chula Vista Tract 86-3, Bonita Long Canyon consists of 134 single family lots and 4 lots for open space, public utilities and other public uses. The final map for said unit has been reviewed by the Public Works Department and found to be conformance with the approved Tentative Map. Approval of the map constitutes acceptance of all drainage, sewer, access, and tree planting easements within the subdivision and acceptance on behalf of the public of Canyon Drive, Country Vistas Lane, Sandy Creek Drive, White Birch Drive, Cherry Hills Lane, Red Hill Lane, Hickory Terrace, Oak View Terrace and Pepperwood Court. Approval of the map also constitutes acceptance of Lots N, 0, P and Q for open space purposes. The developer has executed a subdivision improvement agreement and has provided bonds to guarantee construction of the required improvements. • • Page 2, Item 8a b c Meeting Dated ]~S7 In conjunction with Bonita Long Canyon, Unit 4, the developer (McMillin Development Inc.) entered into an agreement with the city wherein the developer agreed to the following: a. To pay his fair share of the cost of public improvements to be provided under the public financing plan and development agreement. b. Not to protest the establishment of a facilities benefit assessment district. Under said agreement, the developer is obligated to pay an interim impact fee (currently $1,188.70) for each single family lot within Chula Vista Tract 86-3, Units 4, 5, 6 and 7 at such time as the developer applies for a building permit for construction on such lot. The developer has complied with all conditions of approval relating to Unit 5. Condition 39 of the resolution approving the Tentative Map states: "An improved low flow channel shall be provided for Long Canyon flows between the retention basin outlet and the upstream end of the existing concrete low flow channel north of the subdivision boundary with • development of Unit 5 of the project. The City Engineer shall have the discretion to waive this requirement based upon his analysis of the need for the low flow channel at the time of development of Unit 5." This condition arose as a result of concerns expressed by downstream property owners at the public hearing for consideration of the subject Tentative Map. The developer initially submitted plans for an eight foot wide concrete low flow channel similar to the one constructed downstream of the project by Bonita Ridge Estates in 1977. The State Department of Fish and Game informed the developers that they were opposed to a concrete channel in Long Canyon because of the associated destruction of wildlife habitat. The developers then submitted plans to the City for a gabion lined channel which the Department of Fish and Game and the City have both found acceptable. Gabions are metal cages containing medium sized rock. Within the project limits, the currently proposed improvements will fully contain the runoff from a storm of such intensity that it is expected to occur only once in a 50-year period. Staff are of the opinion that the proposed improvements are well in excess of those required by the cited condition of approval. The majority of the improvements will be constructed on property owned by the City for Open Space purposes (Lot 117 of the Bonita Ridge Estates and Lot 0 of Bonita Long Canyon Unit 5). A portion of the proposed channel improvements follows the existing creek bed across private property. The developers have been unsuccessful in negotiations with the property owner, Mr. Hyatt, to obtain an easement to construct the proposed channel improvements, and have requested that the City use its powers to obtain the easement through • condemnation proceedings. The developer will be responsible for all financial obligations relating to the condemnation. • Page 3, Item 8a, b, c Meeting Date? The developer has proposed an agreement between the City, the developer, and the State Department of Fish and Game, to outline each partner's responsibilities regarding maintenance of the gabion channel. The developer is to be responsible for construction of the channel improvements, revegetation of all terrain disturbed by construction of the improvements, and maintenance of the channel for a period of two years after acceptance of the improvements by the City. The City agrees to notify the developer promptly of any unusual or dangerous conditions arising regarding the channel and to accept maintenance responsibility at the end of the two year period. The Department of Fish and Game agrees to allow the developer to construct the channel as proposed, and agrees to meet with the City to discuss maintenance of the channel and to jointly evaluate the project with respect to the question of whether the rock-lined channel bottom, after revegetation, is creating or aggravating a flooding hazard. Section 66462.5 of the Subdivision Map Act states: "A city, county or city and county shall not postpone or refuse approval of a final map because the subdivider has failed to meet a tentative map • condition which requires the subdivider to construct or install offsite improvements on land in which neither the subdivider nor the local agency has sufficient title or interest, including an easement or license, at the time the tentative or final map is filed with the local agency, to permit the improvements to be made. In such cases, the city, county or city and county shall, within 120 days of the filing of the final map, acquire by negotiation or commence proceedings to acquire an interest in the land which will permit the improvements to be made." Plans for the channel have been approved. The developer has submitted bonds and been issued a permit for the improvement of the channel (excepting the portion on Mr. Hyatt's property). In staff's opinion, and based on the cited passage in the Subdivision PAap Act, Condition No. 39 has been completed. If final negotiations do not result in an agreement for the land from the Hyatt's property, the City Council will be asked to obtain the easement through condemnation. In conjunction with development of Units 1, 2, and 3 of Bonita Long Canyon, several sewer, drainage and access easements beyond the boundaries of those units were granted to the City. Development of Unit 5 has removed the need for many of these easements by providing replacement easements or utilizing newly created public streets for access. It is now appropriate to relinquish the original easements. Plats are available for Council viewing. • FISCAL IMPACT: None. WPC 3318E the City Council of Chula Vista, California Dated ~~