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HomeMy WebLinkAboutReso 1977-8639RESOLUTION NO. 8639 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENTATIVE MAP FOR MORGAN AND GARDNER SUBDIVISION The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, John Morgan and Jack Gardner submitted an appli- cation for a draft Environmental Impact Report for a proposed sub- division involving 56 single family dwellings and 217 apartment units located north of "E" Street and west of I-805, and WHEREAS, an application for a draft Environmental Impact Report was filed with the City of Chula Vista, and WHEREAS, said application for a draft Environmental Impact Report was given independent review and analysis by various depart- ments of the City of Chula Vista, and WHEREAS, the Environmental Review Committee of the City of Chula Vista issued for public review a draft Environmental Impact Report on said project, and WHEREAS, legal notice of the availability of said draft Environmental Impact Report was given and a notice of completion was filed with the Secretary of Resources for the State of California, and j~]HEREAS, said draft Environmental Impact Report was avail- able for review and scrutiny for a period of in excess of 30 days, and WHEREAS, the Planning Commission of the City of Chula Vista held a public hearing on said draft Environmental Impact Report and adopted a final Environmental Impact Report, 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 Morgan and Gardner Subdivision and has recommended that the City Council approve said tentative map subject to the conditions as recommended in their Resolution No. PCS-76-9, adopted on the 9th day of March, 1977, 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 the City of Chula Vista does hereby certify that EIR-76-11 has been reviewed and the information considered, and that is has been pre- pared 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. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that said Council does hereby approve the tentative sub- division map of Morgan and Gardner Subdivision in accordance with the conditions of Planning Commission Resolution No. PC5-76-9, sub- ject to the following changes in the conditions contained therein: - 1 - (1) a4. - Lots 38 and 16 shall have an earth berm and/or decorative block wall combination equal to 6' in height above the elevation of "E" Street, located on or near the south property line adjacent to "E" Street - details of the wall and/or mounding shall be approved by the City Traffic Engineer to insure adequate sight distance from Corte Maria. (2) k. Add: The existing berm and guard rail located on the north side of "E" Street is acceptable. (3) That Subdividers, Morgan and Gardner, agree to give the City an irrevocable offer of dedication to pro- vide necessary right of way to realign Bonita Road and Flower Street as a condition of approval of this tentative map. Presented by Approved as tq-form by 1~ ~ .J~- ~v//oJy'J~ D. J. Pet on, Director of George D. Lindberg, City Attorney Planning ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 7th day of June , 1977 , by the following vote, to-wit: AYES; Councilmen Hobel, Cox, Hyde, Scott NAYES: Councilmen Egdahl ABSENT: Councilmen None ~ ~./~~ ~ ~ P2ayor of the City of Ch a Vista ATTES Ci y erk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VI5TA) I, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk - 2 - RESOLUTION N0. PCS-75-9 RESOLUTION OF THE CITY PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL THE APPROVAL OF TENTATIVE t4AP KNOWN AS MORGAN AND GARDNER, INC. SUBDIVISION WHEREAS, Morgan and Gardner, Inc. submitted a tentative subdivision map to "-. subdivide 32.8 acres of property into 56 single family residential lots and two multiple family residential lots to be known as Morgan and Gardner, Inc. Subdivi- sion, and WHEREAS, Section 66473.5 of the Government Code provides that approval of a subdivision map shall be based upon findings of consistency between the subdivi- _ sion map and the adopted General Plan of the local jurisdiction, and WHEREAS, the Planning Commission set the time and place fora 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., March 9, 1977 in the Council Chambers, City Hall, before the Planning Commission and said hearing was thereafter closed, and WHEREAS, on March 9, 1977 the Planning Commission adopted and certified Environmental Impact Report EIR-76-11 for this project. NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1. From the facts presented to the Planning Commission, the Commission finds that the subdivision map known as Morgan and Gardner, Inc. Subdivision is consistent with the General Plan for the City of Chula Vista as follows: a. Land Use Element. The General Plan designates this site for Medium Density Residential development (4-12~dwelling units per gross acre). Net densities allowed under the operative zonal districts, R-1 and R-3-P-13, are consistent with this designation, and selective and appropriate combinations of single family dwellings and small apartments as proposed for this site are w encouraged in the Medium Density Residential category. b. Circulation Element. The proposed extension of Flower Street and ~ the vacation of Hilltop Drive will provide a safer and more efficient residential '' collector system. The use of cul-de-sacs for property access will ensure a high degree of quietude and residential enjoyment for future residents. Right of way widths and radii meet or exceed General Plan standards. c. Housing, The proposed combination of single family dwellings and medium density multiple family dwellings on this unique site should result in do orderly, stable and beautiful residential neighborhood, and provide a physical s basis for implementation of Chula Vista's "balanced community" goals as they relate ' to a choice in living accommodations for all segments of the community. The appli- i cant has indicated and staff has verified that subsidy programs to assist in the construction of low and moderate income housing are not available. He will parti- cipate in the "Affirmative Fair Marketing Plan" sponsored by the BCA, which is designed to attract prospective home buyers and tenants from all groups within a given market area. d. Conservation, Open Space, and Parks and Recreation. The project proposes to retain the predominant land forms in their natural state, and to pre- serve a unique stand of eucalyptus trees, The developer will be assessed fees in lieu of park land dedication, while the precise plan process will be utilized to maximize additional open space and recreation areas. A small portion of the site may contain sand and gravel deposits. The extent of potential deposits, however, and the relationship of the site to adjacent uses would effectively pre- clude safe and efficient extraction of these resources. e. Seismic Safety and Safety. The project site is in close adjacency to an inferred branch of the Sweetwater Fault System, and the eastern portion of the site is within the 100 year flood plan. The developer, therefore, has sub- mitted a geologic report in conformance with the requirements of the Seismic Safety Element. Applicable City codes and requirements will dictate development techniques to ameliorate hazards. The project will extend public improvements and provide fire hydrants in conformance with City standards. The site is shown on Planning Department maps as being within a four minute response time zone for Fire Station No. 1 (Civic Center). Right of way widths and turn-a rounds meet or exceed Safety Element standards. f. Noise. The site is subject to substantial traffic noise impact from "E" Street and particularly the I=805 Freeway. However, this will be sub- stantially mitigated by the combination, of berms and walls to be provided as part of the development. g. Scenic Highways. "E" Street, along its full abutment upon the southerly property line of the lands in question, is designated a part of the "Bonita/I-805 Gateway" on the plan diagram of the Scenic Highways Element of the General Plan. This designation establishes a private-public responsibility for the improvement of the order, amenity, and aesthetic quality of the right of way and peripheral territories of "E" Street, The existing attractive landscaping along "E" Street will be retained; the bulk of the existing eucalyptus grave will also be retained and additional eucalyptus trees will be planted. h. Bicycle Routes. "E" Street is designated as a major Bicycle Route adjacent to the proposed project. Substantial slopes directly adjoining the right of way, however, preclude the establishment of a separate "bike path" along this section of "E" Street. The City, therefore, should investigate the current need fora "bike lane" with signing and special lane markings within the present right of way. i. Public Buildings. Public buildings are neither proposed nor re- quired on the subject site. 2. The Planning Commission recommends to the City Council that Tentative Map PCS-76-9 for Morgan and Gardner, Inc. subdivision be approved, subject to the ' following conditions: a. The tentative map shall be revised as follows: (1) The are of Lot 56 shall be increased by extending the rear lot line across Lots 40 and 41 to a point approximately midway into Lot 40. (2) Side yard fencing shall be shown on Lots 1, 7 and 38 similar to that shown for Lots 8, 25, 26, 49 and 50. (3) The required side yard fencing shall consist of a combina- tion wood and pilaster fence, or equivalent. Minimum width for the pilasters shall be 3 feet on 20 ft. spacings. The fence shall be solid wood, a minimum of 6 ft. in height with a top rail cap. (4) Lot 38 shall have an earth berm and/or decorative block wall combination equal to 6 feet in height above the elevation of E Street, located on or near the south property line adjacent to E Street. Details of the wa',1 and/or mounding shall be approved by the City Traffic Engineer to insure adequate sight distance from Corte Naria. (5) Lots 13-20 shall be raised to coincide with the approximate elevations of the property located directly east and west of each lot. (6) The slope bank created at the rear of Lots 16-18 shall be 2:1 or flatter. (7) The end of'.Ueimos Court shall be moved northerly to provide a minimum usable lot depth cf 90 feet for Lots 16 and 17. (8) A decorative block wall (minimum of 4 ft. high) shall be shown for the east and south property lines of Lots 4-7. (g) The sewer main serving Lots 50 through 56 fronting on Corte Maria Avenue shall be shown. (10) The existing ground line on sections A-A through E-E along E Street shall be shown. b. All manufactured slope banks shall be planted and irrigated in accordance with the standards set forth in the City's Landscape Manual. In addition the slope area adjacent to Lots 4-7 and 8-13 (adjacent to Flower Street), the slope bank adjacent to "E" Street (R-3 area), and the vacated portion of Hilltop Drive between the slope of Lot 16 and the existing portion of Hilltop Drive between the slope of Lot 16 and the existing eucalyptus grove must be planted with eucalyptus seeds and/or 1 gallon container trees. Supplemental tree and shrub planting will also be required for the "E"Street slope presently being maintained by the City. Land- scaping plans must comply with the guidelines set forth in the "P" District Resolution, PCZ-76-F for the R-3 area and the Scenic Highway Element of the General Plan. NOTE: The vacated area of Hilltop Drive lying adjacent to Lots 15 and 16 must have the paving removed and be planted and irrigated by the developer and included in the maintenance area now under the control of the City. c. The developer shall include in the Covenants, Conditions and Restrictions a prohibition against the construction of any fence or structure on the rear slope banks of Lots 16, 17, 18, 35, 36, 37 and 38. d. The developer shall supply a replacement street name for Flower Court prior to City Council consideration of the map. e. The City shall maintain the "E" Street slope from the top of the slope bank to the curb between Lot 38 and the existing eucalyptus grove east of Hilltop. The owner shall grant to the City a permanent maintenance easement for this purpose. f. All onsite utilities shall be placed underground in accordance with the Municipal Code with the exception that some existing onsite facilities may remain pending a final report to the City Council prior to approval of the tentative map. g. All recommendations of the preliminary and final soils report are to bE submitted to the Environmental Review Section of the Planning Department for review. h. If high ground water is determined to exist onsite, all affected structures shall be placed on a "fill mat." i. The archaeological site located within the subdivision boundaries shall be recorded with the San Diego Museum of Man and the San Diego State University. j. The vacation of Hilltop Drive shall be considered by the City Council prior to the approval of the final map. k. The developer shall be responsible for the installation of all public improvements along E Street adjacent to the subdivision boundary. Improvements shall include but not be limited to curb and gutter, pavement and overlay, street lights and traffic control protection devices. Sidewalks shall also be constructed along E Street from Flower Street easterly to the subdivision boundary. On and offsite transitions connecting existing improvements shall be subject to approval by the City Engineer. 1. Hilltop Drive shall be improved with a pavement width of 28 feet from the face of easterly curb within the limits of the subdivi- sion. The developer shall fully improve the intersection of Hilltop Drive and "D" Street including proper transition to meet existing improvements. An asphalt concrete berm shall be con- structed along the westerly edge of pavement along Hilltoa Drive. The developer will be required to plant and install proper erosion control material on any slopes along Hilltop Drive. The developer will also be required to maintain plant materials until they are well established. m. The northerly half of Flower Street from Corte Maria Avenue easterly to Flower Court and adjacent to the boundary of parcel map 75 shall be fully improved. Improvements for the northerly half of Flower Street were guaranteed by Resolution No. 4724. These improvements shall be constructed concurrent to the instal- lation of the improvements within the subdivision. n. Vacating or closing a portion of Corte Maria Avenue shall be considered by the City Council prior to approval of the final map if Corte Maria Avenue is cul-de-sac'ed. o. The developer shall par°ticipate in the cost of constructing the traffic signal at the intersection of Flower Street and "E" Street. City Council, in the near future, will be considering a policy for developers' participation in the cost of constructing traffic ' signals. The developer of this subdivision will participate in accordance with this City Council policy. , p. The length of vertical curb on Flower Street easterly of Hilltop Drive is subject to approval by the City Engineer at the time final improvement plans are submitted to the City Engineer for plan check. The minimum length of curve shall provide safe sight distance for a design speed of 30 miles per hour. q. The developer shall pay the sewer assessment for that portion of his subdivision lying within the boundary of the Rosebank Sewer Repayment District. The developer shall also be responsible for paying to the City of Chula Vista the area connection charge to the Spring Valley Sanitation District from line. All connection charges shall be paid to the City of Chula Vista. r. Since Lots 17 through 56 drain westerly to the North First Street basin, and the developer has elected to regrade these lots such that the drainage therefrom is diverted easterly to the Sunny Vista basin, the developer shall be responsible to secure permission from down- stream property owners to divert drainage into the existing drain- age facility which .flows across and under the I-805 freeway. The developer shall also obtain permission from California Department of Transportation to place this diverted drainage into their facility. This permission shall be obtained prior to submission of the final map and improvement plans to the City Engineer. If this permission cannot be obtained, the developer shall revise his tentative map such that the drainage from Lots 17 through 50' flows westerly to the North First Street basin. The developer's engineer shall be responsible for obtaining all technical information required by California Department of Transportation and downstream property owners. s. The developer shall be responsible for the construction of offsite drainage facilities required to provide proper drainage and protection of adjacent and downstream properties. t. The final map shall comply with all the requirements of the Sub- division Map Act as amended January 1, 1977. Final map, improve- ment plans and grading plans shall be prepared in accordance with Subdivision Manual. The developer shall comply with all appropriate sections of the Chula Vista Municipal Code in effect at the time the tentative map is approved by the City Council. 3. That this resolution be transmitted, along with the Tentative Map, to the City Council, and a copy of this resolution be transmitted to the applicant. PASSED AND APPROVED BY THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 9th day of March, 1977 by the following vote, to-wit: AYES: Commissioners Starr, R. Johnson, Smith, Presutti, G. Johnson, Renneison; Chairman Chandler Noes: None Absent: None ' Chairman ATTEST: