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HomeMy WebLinkAboutReso 1976-8419.~ Revised 1i-16-76 RESOLUTION NO. 8419 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENTATIVE SUBDIVISION MAP FOR EL RANCHO DEL REY UNIT #5 The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the proponents of a project known as El Rancho del Rey, consisting of a multi-phased planned community north of Telegraph Canyon Road and west of Otay Lakes Road, wishes to receive discretionary approval of said project, and WHEREAS, said project could have a possible significant effect on the environment, and WHEREAS, the proponents of said project retained an environ- mental consultant selected from a list of said consultants approved by the City Council of the City of Chula Vista, and WHEREAS, said consultant submitted an application for an environmental impact report to the Environmental Review Section of the Planning Department of the City of Chula Vista, and WHEREAS, after independent review and analysis of said application, the Environmental Review Committee of the City of Chula Vista issued a draft Environmental Impact Report, giving legal notice of the availability of said draft Environmental Impact Report and filing notice of completion with the Secretary of Resources of the State of California, and WHEREAS, said draft Environmental Impact Report was avail- able for public review and scrutiny for a period in excess of thirty 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 El Rancho del Rey Unit #5 and has recommended that the City Council approved said tentative map subject to tYie conditions as recommended in their Resolution No. PCS-76-6, adopted on the 4th day of October, 1976, a copy of which is attached hereto and by this refer- ence 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-76-3 has been reviewed and the information considered, and that it has been prepared in accor- dance with CEQA, the California Administrative Code and the Environmental Review Policy of the City of Chula Vista. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve the tentative subdivision map of El Rancho del Rey Unit #5 in accordance with the recommendations of the Planning Commission of the City of Chula Vista with the following modifications and additions: - 1 - Revised 11'-16-76 1. Deletion of Lots. The deletion of_ 4 lots, 8-11, shown on the north side of Douglas Street. 2. Traffic Signal - Intersection of Paseo Del Rey and Telegraph Canyon Road. The developer shall be responsible for the installation of a traffic signal at the intersection of Paseo Del Rey and Telegraph Canyon Road. The cost of the installation shall be secured by an approved security arrangement at the time of the final map and said signal shall be in- stalled when two-third's of the units in the development are occupied. 3. Responsibility for Dedication and Construction of Telegraph Canyon Road adjacent to Subdivision Area. The following terms and conditions shall be considered as an amendment to Condition No. 15B providing for dedication and improvement of Telegraph Canyon Road: If an improvement act district is not established, then it is necessary to impose reasonable conditions f_or the construction of major facilities required with the con- struction of this subdivision. The developer shall then be responsible for: A. The construction of Telegraph Canyon Road along the ultimate alignment from the westerly boundary of_ 6Vindsor Views Subdivision to the residential collec- tor serving El Rancho del Rey Unit #5, Paseo Del Rey. The improvements of Telegraph Canyon Road shall in- clude two 12' lanes and two 16' lanes located sym- metrically about a 16' median island, a lE' median island including curbs and landscaping, double luminaire street lights standards within the median island, AC berm along the outside edge of pavement, north and south sides of Telegraph Canyon Road, bicycle path, roadway excavation and embankment. The developer shall also be responsible for construct- ing adequate transition along Telegraph Canyon Road west of Paseo Del Rey and east of the easterly sub- division boundary. Improvements shall also include pavement overlay as needed upon the existing pavement for the length of Telegraph Canyon Road between Windsor Views Subdivision and Paseo Del Rey. B. The developer will be responsible for constructing the ultimate major drainage channel from P~indsor Views Subdivision to Paseo Del Rey, including the major drainage structure beneath Paseo Del Rey and adequate inlet and outlet transitions. Drainage improvements shall also include any regrading necessary of the existing channel between Paseo Del Rey and Oleander Avenue. - 2 - Revised 11-16-76 C. 'The developer will be responsible for d'edicating' all right of way for Telegraph Canyon Road and the major drainage channel within the boundaries of his subdivision. The developer shall also acquire the right of way for that off-site portion of Paseo Del Rey south of his subdivision boundary, including its intersection and transition with Telegraph Canyon Road. The City and developer shall participate in the acquisition of right of way for Telegraph Canyon Road through Assessor Parcels 640-070-11, 12, 13, 14, 21 and 22. The developer's proportionate share of the total cost of acquiring right of way shall be in the ratio of 66-126. The City's proportionate share of the total cost shall be in the ratio of 60-126. The cost of acquiring the off-site right of way for Telegraph Canyon Road and the major drainage channel shall include the acquisition and relocation of existing structures and the repayment of any re- location payment costs. If the acquisition of the off-site right of way requires the City to use its powers of eminent domain, the developer shall pay his proportionate share of fees and court costs. D. The City shall participate in the cost of acquiring right of way for the major drainage channel east of Paseo Del Rey through Assessor Parcels 640-070-11, 12, 13 and 14. The developer of El Rancho del Rey and the City shall each pay one-half the cost of acquir- ing this off-site right of way for the major drainage channel. E. The City shall, by local ordinance, establish pro- cedures for the formation of an area of benefit and reimbursement pursuant to Article 6, Sections 66485 through 66489 of the Subdivision r'Iap Act to reimburse the developer and the City for the construction of Telegraph Canyon Road, the major drainage channel and the acquisition of right of way outside of the sub- division boundary for Telegraph Canyon Road and the major drainage channel through Tax Assessor Parcels 640-070-11, 12, 13, 14, 21 and 22, which benefits other properties being served and protected by these improvements. The repayment agreement between the developer and the City must be approved prior to or concurrent with the approval of the final subdivision map. The area benefitted shall also be determined prior to or concurrent with the approval of the final subdivision map. The repayment diagram and assessment shall be approved subsequent to approval of the final subdivision map and after the subdivider has submitted documents verifying all costs in acquiring right of way for the improvements and the construction of the im- provements. 4. Addition of Open Space - Adjustment of Boundary. Developer had added additional acreage to the existing sub- division map, more particularly described in Exhibit "A", attached hereto and incorporated herein by reference as if set forth in full and the legal description of the entire subdivision is set forth in Exhibit "B", attached hereto and incorporated herein by reference as if set forth in full. Presented and Approved as to Form by ~ ~~ ~~,- ~.~~~ George D. Lin erg, City Att ey ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF :,HULA VISTA, CALIFORNIA, this 16th day of November 97~, by the following vote, to-wit: AYES Councilmen Cox, Hamilton, Hobel NAYES: Councilmen Hyde, Egdahl ABSTAIN: Councilmen None ABSENT: Councilmen None Mayor of the City of Chula Vista ATTEST City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. 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 ,and that the same has not been amended or repealed. DATED (seal) City Clerk CC-660 _.~. ,~ I:IsSOLUTIOrI I~Jn. 1'C -7G-6 ILL:;;;>l,U`1'IOt~1 UI~' 'I'll''; CL''I'Y P.Ll1NI~II~C; ("'c)MP~IlS>:I C)t'1 IlI_;COMh11~;I1t)IPIC TU 'i111, CI_'I'Y (G1.;;1CI.L `I'I11C !~L'i'IZOV~II, U1'' 'i'LN'1'11'I'LVE MIIP I:i•!OW(J AS I~;:L khNCL1C) DI~.L REY #r 5 . WHI?REAS, E1 Rancl~lo del Rt~y subalitt.ed a tentative subdivision map to subdivide 1?_0 acres into 343 single family residential lhts to be known as El Rancho del Rey Unit rdo. 5, and WHEREAS, Section 66473.5 of the Government Code provides that approval. of a subdivision map shall be based upon findings of con- sistency between the subdivision map and the adopted General Plan of the local jurisdiction, 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 news- paper 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. October 4, 1976 in the Council Chamber, City Hall, before the Planning Commission and said hearing was thereafter closed, and WHEREAS, on July 26, 1976 the Planning Commission adopted and certified Environmental Impact Report EIR-76-3 for this project, and WHEREAS, on October 4, 1976 the Planning Commission adopted the attached Statement of Overriding Considerations relating to El Rancho de I Rey No . 5 . NOW THEREFORE I3E IT RESOLVED AS FOLLOWS: 1. From facts presented to the Planning Commission, the Commission finds that the subdivision map known as E1 Rancho del Rey Unit No. 5 is consistent with the General Plan for the City of Chu]_a Vista as follows: a. Land Use Element. The General Plan designation on this property is 4-12 dwelling units per acre. The density of the proposed subdivision is approximate]_y 3.4 dwelling units per acre. The propo~~ed densits~ is also below the dE~nsity of, the El Rancho del Rey General Development Pl.aia of 10 dwelling units per acre shown a.l_ong Telegraph Canyon Road frontacJc of. the property. b. Cir.cul~3tio;i Klement. Last "J" Street will be extei}ciec3 in thc~ general direction shown on the General Plan. The subdivision will also provide a collector between Telegraph Canyon Road and last= "J" Street to .thc~ proposed-residential streets. c. Housing Eler-lent. The proposed project will provide single family detached housing in an area adjacent to the urbanized area of the City. The applicant has revised the map to include some of the smaller lots in conformance with the provisions of the R-1 district regulations. d. Conservation Element. The developer will either transplant the dense concentration of Chollas cactus or the Planning Commission will consider a statement of overriding .considerations allowing for the removal of cactus from this area. e. Parks and Recreation/Open Space Element. The proposed project will retain approximately 25 acres of open space land, part of which will be adjacent to existing open space areas to the north.. There is a possibility this area may be developed as a park in the future. f. Seismic Safety Element. The developer will be required to trench across the property in the areas where the inferred faults are designated and adhere to the recommendation of the geological report on those areas. g. Noise Element. The development will be located a minimum of 140 feet from Telegraph Canyon Road and the lots adjacent to the road will be screened from the noise by a masonry wall along the property line. Landscaping of the slopes will also tend to reduce the effect of noise. h. Scenic Flighway Element. The project will preserve and landscape the slopes adj~-rcent to the designated scenic road (Telegr_aph Canyon Road). i. Bicycle Routes Element. The proposed development will be required to ins~all a bicycle route along Telegraph Canyon Road. j . Pui:~7_i c Building Elc-~ment. The school districts have indi_catc~d i-hat t,}ire proposed project. wi7.1 not result in the use of land planned f'or a school ~>ite. ~?. `t'he 1'laitnincJ Con,mi.s Dior? rc cammencl:; t.o the ~'.i t.y Cou,nci.l Lh<<t. `1'c~ntriti.ve A1ap F'C:~--7G-6 for l~;l R~rnclic> dc~:l_ Ttcy lJn.i_t: No. 5 lx' ~~pnrovc~cl, subjc~~~t t:o the ic~ll.owing con~]iti.c~ns: 1 . The tc~~ntative rnap shall be rc.~vised as follows a. The subdivision boundary shall be expanded to ir_clude the SDG&E power line easement between Telegraph Canyor. Road and the San Diego Otay pipeline eascnient. b. The developer shall. do one of the following: • (1) Relocate his subdivision boundary to the centerline of Entrade Place in South Bay Villas Subdivision, Map No. 8297; developer shall include within the boundaries of_ his subdivision Lot H and Lot I in South Bay Villas; developer shall present evidence that he has acquired Lot H and Lot I at the time the final map is submitted; developer will be responsible for constructing the remaining improvements in Entrade Place, 3~uth Bay Villas Subdivision, which shall consist of but not be limited to pavement, cur;, gutter, sidewa]_k, street lights and drainage facilities; or (2) Exclude lots 322 through 328 from this subdivision. (Lots may be dotted in to reflect future development.) c. The property line for lot 96 shall be located at the top of slope adjacent to Ladera Drive and tYle slope included as part of the open space lot. d. Not more than 30`~ of the total number of residential lots may have a lot area of less than 7,000 sq. ft. and, ex.:luding cu)_-de-sacs and knuckles, not more than one-third o.i the 30~, may have lot frontage of. less than. 60 feet. c:~. Lots Tio. 160 i hrcyttcih 1G2 shall bc: d'esignatc~i z:; ParCCl "Il" . '1'llc C1C?`JC'lOj?e1' may C17..V1C~C Parct`1. '~~'~" into tlir.ee lots Legally i>y r.ecor~ling a parcel m~.~l> upon acquisition of adequate additional pro~~er.ty. f. Concur.r.ent with the issuance of building permit, the developer shall be required to submit plans for "T" type d.ri.veways for the houses fronting Paseo del Rey. Interior lots shall have a minimum frontage of 70 feet.and corner lots shall have a mini_n-~um of 77 feet. The developer may reduce the lot width to a minimum of_ 60 feet if precise plans or development standards are submitted establishing proper turning radiuses in conjunction with building setbac;s prior to Council approval of the final map. g. The street name for the collector road Paseo del Rey within the subdivision shall remain the same. All other street names shall not be names of Spanish origin. New street names shall be submitted for staff review a minimum of 10 days prior to City Council consideration of the tentative map. h. The developer shall indicate on the tentative map the names of those streets to which the typical street sections apply. 2. The developer. shall submit revised Development Standards for staff approval prior to City Council consideration 3. The CC&R's for Lots 339 and 340 shall establish the maintenance of the common driveway between the two lots. 4. The developer shall fully improve the south half of East "J" Street. The developer shall construct a minimum of 382 feet of pavement, provide for two 1?. ft. travel lanes and two 8 ft. shoulders. The developer shall dedicate the 80 ft. right:-of-way for I;d:~t n ~~i ;itrCC'.t c7n(~ S}1~111 1~C1.OC:;c:1tC thl' S11b~~1V1L;1O11 l>>oundary to the nc~rtl~erly ~_iylit-of-way line. 5. Paseo de_1 Rey between Telegrtzi:>h Canyon Road and the subdivision bound<lr_y shall be fully improved. These offsite improvements shall also include the major draindc~,~ " structure in Paseo del Rey and any temporary or permanen t transitions upstream and do~~~nstream from this drainage structure. 6. That portion of land within the subdivision in the unincorporated area of the County shall be annexed to the City of Chula Vista prior to approval fo the final map. 7. The slope behind Lots 261 through 273 shall be designated for a minimum seismic factor of safety of 1.5. 8. Formation of an open space district will be required. The boundaries of the open space district are to be determined on the new tentative map. 9. Developer shall comply with all applicable provisions of the Chula Vista Municipal Code at the time of approval of the tentative map. The final map and all improvement. plans shall be prepared in accordance with the Chula Vista Subdivision Manual. 10. Developer will be required to pay all sewer repayment fees prior to approval of the final map by the City Council. 11. Lots 119 and 273 shall maintain a minimum building set- back of 10 feet adjacent to Lot 274 reserved for a future street. 12. 11 decorative masonry wall shall be provided at the top of slope on those lots which are: adjacent to Telegraph Canyon Road, and where l.ot.s back up to any st.rcet. In addition, a decorative fence with masonry pilasters will be required fo_r_ those lots which side or rear upon dc~signatc~d open s~~;rce areas . -, __ 13. Land:lcapinq a . Teleg~rapl~ C~.rrryon Read i.s des ignated ~ a ~ r~c,~nic ro~rd and i. t. is im~~ortant to ~rvaid a rnanotonous pattern of ti:ees which would Crave the effect of • nar.rowin~g vistas along the street. The plant materials should accent the steep side slopes wit.r~ a variety of trees and shrubs as well as bright colors. P~here the slopes bend back into the canyons, the plant material should open up and blend the manufactured terrain into the natural landscape. b. The 2.9 acres of fill in open space Lot "A", Lot 274, and other areas offsite which are filled to drain but which are not steep slopes, shall be planted with a temporary ground cover material, such a perennial rye grass and maintained as required until the plant material is established. c. Open space lots shall be cleared and scarified to receive ornamental plant material in conformance with the City of Chula Vista's Landscape Manual (Type I plantings, Section 2.2, will be used for lots "C" and "D", more drought resistent planting will be utilized on lot "B".). d. Open space lot "D" at the corner of East "J" Street and Paseo del Rey shall be graded and planted with turf and trees. e. Areas of manufactured slopes adjacent to native plant material shall be planted according to the Landscape Manual with plants that will blend with native material. Special emphasis should be given to tree and shrub planting on all slopes. f. The drainacse channel shall be planted with a seed mix designated and approved by the Department of Priblic. titi'or_ks. g. Interior lot slopes shall be planted with an or- n<~mcntal I>l.ant m~:itt~rial according to the Landsc~~~?c~ tw'anrr_~rl. h. 111]_ ohc~n .,I~rice arc~.~is ca].linrl Loi: '1?l~ani: inatcl_.i~.i~1 shall be p1_ztnted with trees and shrul_~:; which arc drought. t~~lerant_ ~7nd deep rooting wi t:-h an c~~ml~l~as~i ~, on evergr.ec'n trees. i. hinge points (arcris where slope cats and fills meet natural terrain) shoul-? be treatc~a with dense clusters of trees and shrubs in order to soften the hard lines created by c,rading and construction. 14. Prior to City Council action of the final map the developer shall comply with City Ordinance #`1668 regarding park fees and City Council Resolution No. 6762 regarding Public Facilities. The developer may grade 3 acres of land adjacent to Paseo del Rey subject to the approval of the Director of Parks and Recreation, in which case credit will be given for 3 acres of undeveloped park land. 15. An assessment district or appropriate payment mechanism shall be established for_ the construction of major facilities as follows: a. Telegraph Canyon Road shall be constructed in its final alignment from Paseo del Rey west to I-805. The cons~..ruction shall include but not be limited to an appropriate roadway width for 4 lanes of traffic, curb, gutter, bicycle path, sidewalk and all other shoulder improvements and street lighting. The developer's ~ portion (one-half) of the cent.er_ island median shal_1 either be constructed or an equivalent amount of pavement or other appropriate facility construction shall be accomplished. A suitable transition shall be constructed east of Paseo del Rey to permit the safe and efficient movement of vehicles from the 4 lane portion of thc> road to the 2 lane portion of the road at design speed (55 1`1PH) . Right-of.-~•; ay shall. be dedicated for the const.r.uc~ti.on of Tclc~graph C~3r~yon Road t~n~i Telegraph Canyon dra~.nage channel along its .~ ~ , iz1L:i_m~zte alignment i-rom P~~sec~ <1c~1 Rey Lo th~~: Winch>or Views Subdivision. The developer shall a.1.~o be responsibl_e for hi:~ fair share of the construction of major fa.cil_:it i~~~. throughout the E1. Rancho del Rey area as deternu.r:c~cl through an assessment district. or other appropri.~z.c~ mechanism for E1 Rancho del Re_y Unit No. 5. `t'his may include major street, sewer, storm drain, traffic signals, and other utility construction. The major facilities to be included in an area~,i.dc' assessment, the cost of those improvements, and the boundaries of the assessment district have not bc~c~n determined at this time. The developer_ will b~ responsible for payment for his share of the costs as determined through assessment district or re- imbursement district proceedings, and he will b~~ given credit for all construction of major facilities which he is required to undertake in conjunction with the construction of the E1 Rancho del Rey Unit No. 5 subdivision. b. If an assessment district is not established or if no mechanism is available to determine the fair share of major facility construction throughout the El Rancho del Rey area, which should be required of Unit No. 5, then it is necessary to impose reasonable conditions for the const~ructior~ of major facilities required with the construction of this. subdivision. The easterly subdivision boundary shall be reloc.=i t:<-~d along the westerly boundary of the Windsor Vie~~rs Subdivision to Telegraph Canyon Road. The developer_ shall then be responsible for_: 1) Constructing Telegraph Canyon Road, consisting of two 12 ft. la~ics and twc~ lE"> L~t . lanes , :,houldc~r i.mY>rovcinent: s , one,.-! ~„_ ~. oil the ultimate mc~~lian in~provc:~mc~rits, p~~.~~tir.ent drainacrc i~acilitic~:~P si_rcc~i_ )1~~~1L~S, lsinrir~~~~lp_L11~), ('IICIJ, ~)l!L1i`1-, .;1~!.::~ and l ~ i.kcu~a,'s ~.~~~ .'elegr~.i1,1~ Canyon 1:0,3..., from t he eastc~i l y boundary of the subd_v_i_sion to Paseo del Rey. 2) The constructi_oii of transition west of Pasco del Rey adequate to provide for s~~{c and efficient rnovernent of vehicles from the four lane construction of Telegraph Canyon Road to that narrower portion of Telegraph Canyon Road west of Paseo del Rey. 3) The developer shall be responsible for the installation of a traffic signal at the intersection of Paseo del Rey and Telegraph Canyon Road, or shall place with the City an appropriate surety for its eventual construction. 16. Prior to City Council action on the final map, trenching for the t~~ro areas designated as inferred faults will be required, together with a recommendation from a geologist as to the method of development. 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 PLANNII`?G COMMISSION OF CHULA VISTA, CALIFORNIA this 4th day of October, 1976 by the following vote, to-wit: " AYES: Commissioners Pressutti, R. Johnson, G. Johnson, Starr Smith, Chandler. NOES: None ABSTAIN: None C~~ {'L..t1 ' "~ ~~ Chairman E"1Z"PEST ~ _; ` ~ Se~cretar.y SIAIE(~~11~iJ1~ OF OVERRI[)IPJG CONSI~)LI?A~(~IO(dS I(V API'fJOVING SUL'DIVISION PLANS f-OR EL RANC11~) Uk__L RFY UfJI-i~ ;7`.~ liLLl)1~J1F1G THE i,RADING OF AN AREA ADJACENT TO T[_!..l:GitAPN CAi~iYUN ROAD RLI~10VI~wG A STA,~JU OF CHOLLA CACTUS 1. f3ACF:GROUi'JD Section v.9 of the Envir•onmentai F;eview Policy of the City of - Chula Vista provides that if a decision making body decides to approve a project for which serious adverse consequences have been identified, the body shall adopt a statement of the overriding consideration that led the body to approve the project. 2. ADVERSE EIR FIhlDIfJGS Removal of the stand of Cholla cactus adjacent to the SDG&E right of way will substantially reduce the amount of this rare and endangered species remaining in the eastern part of Chula Vista. 3. CVEf'~ZIDING CONSIDERATIONS In keepin~7 with the Scenic Highway Element the landscaping program instituted for the areas adjacent to Telegraph Canyon Road calls for ornamental plant material. The existing Cholla cactus would not be cor;patible with the plant material being established for this area. Retention of the cactus would result in the loss of several lots, thus increasing the cost of housing for this area. In addition, the Cholla cactus exists in other areas of the E1 Rancho del Rey area which can be preserved. -10- s Legal Description Additional Area To Be Included Within The Boundary of Tentative Map E1 Rancho Del Rey, Unit No. 5 E7(HIBI i A That portion of the Northwest Quarter of Quarter Section 63 of Rancho De La Nacion, Map 166 filed in the office of the County Recorder, May 11, 1869 in the County of San Diego, State of California, lying Southwesterly of the San Diego - Otay pipe line as described in deed to the Southern California b4ountain Water Company, recorded June 26, 1912 in Book 570, page 113 of Deeds, records of San Diego County, State of California. c~~~~A~ ~r C j~~ 9 ~ ~i2 Cc~T y ©-F Cj T~ ~ C e-e K. ~~~~~~T Q __ - 'EEGAL ~'ESCR:~°~I011! 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