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Home My WebLink About2011/09/27 Item 08CITE' CQUNCIL AGENDA STATEMENT ~~` CIIY OF CHULA VISTA SEPTEMBER 27, 2011, Item ~' ITEM TITLE: PUBLIC HEARING: CONSIDERATION TO SUBDIVIDE A 0.60 ACRE SITE INTO SEVENTEEN (17) CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP FOR THE PROJECT LOCATED AT 354 MOSS STREET. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENTATIVE SUBDIVISION MAP PCS-06-07 TO SUBDIVIDE A 0.60 ACRE SITE INTO SEVENTEEN (17) CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP LOCATED AT 354 MOSS STREET. SUBMITTED BY: ASSISTANT CITY MANAGE / DIRECTOR OF DEVELOPMENTS ICES REVIEWED BY: CITY MANAGE 4/STHS VOTE: YES ~ NO SUMMARY The Applicant has submitted a Tentative Subdivision Map for the development of seventeen (17) condominium lots for individual ownership. Each unit will consist of three stories with two bedrooms and atwo-car garage. Currently, there is one dwelling unit on the site that will be removed. The site is located at 354 Moss Street, within the southwest portion of the City of Chula Vista (see Locator Map, Attachment 1). ENVIRONMENTAL REVIEW The Development Services Department reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a categorical exemption pursuant to Section 15332 (In-fill Development Projects) of the State CEQA Guidelines. No further environmental review is necessary RECOMMENDATION Council adopts the resolution. 8-1 SEPTEMBER 27, 2011, Item 'g' Page 2 of 5 BOARDS/COMMISSION RECOMMENDATION The Planning Commission considered this proposal on September 14, 2011 and voted 6-0 in favor of recommending that the City Council approve the proposed Tentative Subdivision Map known as Moss Street Condominium, Chula Vista Tract 06-07 allowing to subdivide seventeen (17) condominium units for individual ownership on a 26,130 square-foot site. DISCUSSION Project Site Characteristics: The 26,130 square-foot project site is located at 354 Moss Street. The project site is comprised of one parcel located in the urbanized southwestern portion of the City of Chula Vista (Attachment 1-Locator Map). The project site is relatively flat at the front with a gradual slope towards the middle of the site, and a steep grade along the rear and side property line. The project site currently contains asingle-family unit with a detached garage. The existing surrounding land uses are as follows: General Plan Zoning Current Land Use Site: Residential High (18-27 du/acre) South: Residential High (18-27 du/acre) North: Open Space East: Residential High (18-27 du/acre) West: Residential High (18-27 du/acre) Project Description: R3-Multi-Family Residential R3-Multi-Family Residential R3-Multi-Family Residential R3-Multi-Family Residential R3-Multi-Family Residential Single-Family Residential Condominiums Apartments Single-Family Residential Apartments The overall proposal consists of a 26,130 square-foot lot that is being subdivided to allow the development of seventeen (17) condominium units for individual ownership. The seventeen units will be placed in five different buildings situated on the site as row homes with a 24-ft driveway in the center of the lot and one building located in the rear of the site perpendicular to the driveway. Buildings 1 and 2 will consist of four units, Buildings 3 through 5 will consist of three units. Each unit will have a 2-car garage on the first floor, living room, kitchen, porch on the second floor, and two bedrooms on the third floor. Site amenities include a 240 square-foot recreation room with a rooftop patio with a wood trellis above the recreation room, BBQ area with benched seating, and enhanced paving (see Attachment 6, Project Plans). 8-2 SEPTEMBER 27, 2011, Item Page 3 of 5 Analysis: Tentative Map Subdivision Design The subdivision design consists of seventeen lots served by a "T" shaped private driveway with access from Moss Street. Each unit will consist of three stories with two bedrooms and atwo-car garage. The entrances to the garages face the private drive with landscape planters between garage doors. The front entrance to each unit is located on the opposite side of the building adjacent to sidewalks and landscaped areas. running parallel to the side property lines. The homeowners' association, required as part of the Tentative Subdivision Map, will be responsible for the maintenance of the private driveway, landscaping, and on-site facilities. A Tentative Subdivision Map is required for a division of land resulting in four or more lots or condominium units, pursuant to Section 2 of the City of Chula Vista Subdivision Manual. The site will be designed to comply with the- Subdivision Manual lot design criteria. The proposed project would be consistent with surrounding multi-family development and would complement the area. The recreation building, BBQ area, and other open space areas throughout the site, as well as private balconies on each unit, meet the required open space required for each unit. Overall the subdivision design is in conformance with the City's Subdivision Manual, Zoning Ordinance and other associated regulatory documents. Grading The site consists of a rectanglularly shaped lot where the front of the lot, adjacent to Moss Street, is level with the street grade. However, the lot gradually slopes downward with a steep slope in the rear of the site. A retaining wall is required along the eastern property line in order to allow the construction of three of the seventeen multi-family condominium units, driveway, sidewalk, and associated landscaping in the rear of the lot. The Variance application permitted a retaining wall that exceeds the maximum 6-foot in height along the eastern side property line. The wall varies in height from 6-feet to a maximum of 12.7-feet in order to build condominium units in the rear of the property. The Applicant must obtain a Land Development Permit prior to beginning any earthwork activities at the site and before issuance of building permits in accordance with Chula Vista Municipal Code Title 15.05. The Applicant- shall also submit Grading plans in conformance with the City's Subdivision Manual and the City's Development Storm Water Manual requirements. Project Access Vehicular access to the site is provided from Moss Street through an on-site 24-ft wide private driveway with no parking on either side. At the end of the private driveway will be a fire turnaround 90-feet in length per the Fire Departments regulations. The units will access the 2-car garages off of the private driveway. Two enhanced pavement areas are being provided at the front entrance to the site and the other in the center of the site adjacent to the BBQ area. Street improvements within the right-or-way will include a 5-foot wide sidewalk, and curb and gutter to match the adjacent public improvements. 8-3 SEPTEMBER 27, 2011, Item ~ . Page4of5 Drainage The proposed drainage improvements for each building will drain storm water runoff from the roof into a ribbon gutter to convey the surface runoff on the driveway into a 4' by 4' catch basin. A 24" reinforced concrete pipe then carries the runoff from the catch basin into the lowest point of the site situated on the northwest corner of the parcel. Additional Best Management Practices (BMPs) are included as part of the project design. No adverse impacts to the City's drainage threshold standards will occur as a result of the proposed project. The proposed improvements are adequate to handle the project storm water runoff generated from the site. A final drainage study will be required prior to issuance of any building permit. Storage Pursuant to Section 15.56 of the Chula Vista Municipal Code (CVMC), two bedroom condominium units are required to provide a total of 200 cubic feet of storage space. The Project proposes 145 cubic feet of storage per unit within the garage and 108 cubic feet in a storage closet adjacent to the front entrance of each unit. Therefore, each unit would provide 253 cubic feet of storage space, which exceeds the minimum of 200 cubic feet required per the CVMC. Public Facilities Sewer The project site is within the boundaries of the City of Chula Vista wastewater services area. The existing area sewer facility system has sewer lines along Moss Street including an existing off-site 8" sewer main, along the frontage of the proposed project site. The Applicant will be required to submit a final sewer study prior to connecting to the City's sewer system. Emergency Services The terminus of the private driveway will be a 90-ft hammerhead. The Fire Department has reviewed the proposal and approved the proposed turn-around radius. A private fire hydrant will be installed adjacent to the BBQ area in accordance with the requirement of the Fire Department. Parks and Open Space Pursuant to the City's Growth Management policy, there is a population ratio of three (3) acres of neighborhood and community parkland with appropriate facilities to be provided per 1,000 residents east of I-805. For each project, Applicants are required to pay in-lieu park fees towards a future park due to the increase in population that would occur on the site. Currently, there are two parks nearby located near the Project site. Lauderbach Park is located .71 miles and Harborside Park is located 1.31 miles southwest of the Project site. w 8-4 SEPTEMBER 27, 2011, Item Page 5 of 5 Schools The project is within the boundaries of the Chula Vista Elementary School District, which serves children Kindergarten through Grade 6. The nearest public school is Rice Elementary School, which is 0.21 miles from the site. The project is also within the boundaries of the Sweetwater Union High School District. The nearest public schools are Chula Vista Adult School, 0.22 miles, Bounce Back Independent Study High School, 0.24 miles, and Chula Vista High School, 0.37 miles north of the Project site. The Applicant will be required to pay applicable developer fees based upon assessable area. DECISION MAKER CONFLICT Staff has reviewed the decisions contemplated by this item and have determined that the actions contemplated are not site specific and, consequently, the 500-foot rule found in California Code of Regulations section 18704.2(a) is not applicable. CURRENT YEAR FISCAL IMPACT The application fees and processing cost are paid for by the Applicant. ONGOING FISCAL IMPACT Not applicable. ATTACHMENTS 1. Locator Map 2. Planning Commission Resolution 3. Disclosure Statement 4. Project Plans Prepared by: Caroline Young, Associate Planner, Planning Division J:\Planning\Caroline\Discretionary Pertnits\354 Moss Street\Ciry Council ReportslPCS-O6-07-CC Report 8-5 - - - -- ---- -, - - - -- - -- a DeI Rev High School ~\ ~~ ~~ ~ CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR AP° ~caTr,r. Medhat Rafael PROJECTDESCRIFIION: ' TENTATIVE SUBDIVISION MAP ~o~ss: 354 Moss St Proposing 17 new three story attached condominiums, two-bedroom, 2 bath with a two car garage. SCALE: FILE NUMBER: _. __ _ _ _ NORTH No Scale PCS-06-07 Related cases: DRGO6-36; IS-06-009, ZAV--10-02 J:Iplanninglcarlostlocatorslpcs0607.cdr 11.15.10 _ ._ _ _ ;. - Attachment 1 8-6 ~ - ___._.~~_ ......_.... ,_. _.-__ _ __ _._ _... _. ,.. G __. RESOLUTION NO. PCS 06-07 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT TENTATIVE SUBDIVISION MAP PCS-06-07 TO SUBDIVIDE A 0.60 ACRE SITE INTO SEVENTEEN (17) CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP AT 354 MOSS STREET. APPLICANT: MEDHAT ROFAEL. WHEREAS, on November 14, 2005, a duly verified application for a Tentative Subdivision Map was filed with the City of Chula Vista Development Services Department by Medhat Rofael ("Applicant"); and WHEREAS, the application requests approval to construct seventeen (17) condominium units for individual ownership ("Project"); and WHEREAS, the area of land that is the subject of this Resolution is an existing 0.6-acre parcel located at 354 Moss Street ("Project Site"); and WHEREAS, the Development Services Department reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a categorical exemption pursuant to Section 15332 (In-fill Development Projects) of the State CEQA Guidelines. No fizrther environmental review is necessary; and WHEREAS, the Director of Development Services set a date for a Planning Commission hearing, during which the Planning Commission would consider the Tentative Subdivision Map and make a recommendation to City Council related to the approval of such Map; and WHEREAS, notice of the hearing, together with its purpose, was mailed to property owners and residents within 500 feet of the exterior boundaries of the Project Site at least 10 days prior to the said hearing date; and WHEREAS, the hearing was held at the time and place as advertised, namely September 14, 2011 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. ; ~:_ _ , ; NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION, having considered all evidence presented, does hereby recommend that the City Council approve, through the adoption of the attached City Council Resolution, Tentative Subdivision Map PCS-06-07, to subdivide a 0.60 acre site into seventeen (17) condominium units -for individual ownership, subject to the specified terms and conditions. $-7 Attachment 2 -- _ - Page 2 September 14, 2011 BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE .PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 14th day of September, 2011, by the following vote, to- wit: AYES: NOES: ABSENT: ABSTAIN: Michael Spethman, Chair ATTEST: Diana Vargas, Secretary Presented by: Approved as to form by: Gary Halbert, P.E., AICP Glen R. Googins Assistant City Manager/Development Services Director City Attorney J:~PlanninglCarolinelDescretionary Permits1354 Moss Street ~PCS-06-08 PC Reso.doc 8-$ f :~,Sll D e v e l o p m e n t E 5 e r v i c e s D e p_~ r t nt :: .. y`.<_~*.;'>`~i P13nning Civision ( O°~'clCCr.~cn_ °1~. . Cii:~,L~~'iS;1 . ~ APPLICATIOi`i a.pa_~a:--~~ ~i;c;osure Stat~m°nt ---- i'.~ ;•.,ant t~ Clty C~unci! Fciicy 101-O1, prior to any action on a matter that raquires disc;•~:i~r:s;y act'c,-. l:y ttie C::;. ^~n I, Finning Commissioh or other of~icial ler,Islatlve body of the Ci,y, a statement of disclosure ci°certa~^ ..,. _. ~hi;s, financial interest, p :ymants, and camraigr, contriLuticns rt~'st ba filed The follc,.:inq infor.^~a`•i•:- r t. List the names of all persons having a financial interest in the project that is the subj_ci cf t`.e application, projector contract (e g-, owner, applicant, contractor, subc~ntracter, r,~aterlsl suppllzr) X1/1 G~/7 ,L1 A T Gr' o~/a- ~ L ?. If any person" ]dentified in section 1 above is a corporation or partnership, list the names of all individuals with an investment of 52000 cr more in the business (corporation/partners;;ip} entiC`1 ~~ - 3_ ;f any persons identified in section 1_ above is a non-profit crganiza~ion or trust, Ils: _h~ narres cf any person ~vho is the director of thehon-profit organiza~ion or the names of tie trustee, bene=icia-y and IrUSIOr Ci t`/h,2 trUSt. 3 ~~/ _' r 4. Please identify every person, including any agents, employees, consultants, or ind_rcnC=_r.t. con:rac~ors,whom you ave authorized to reprassnt you before the City in this m~_ter n ~~_ 5. Nos aRy person 'identified in I ., 2., 3 , or 4., above, or otherwise associated with this cor.t; ac., proia== cr ~ppiication, had any financial dealings with an official"' or tno City of Chuia Vista as it refat~s t~ tr:. contract, project or application wiihin the past 12 months? Yes Plo T~- /t/G, , If yes, b: iafly describe the nature of the ftnancial interest the officialx° may have in this c~r,tract c.. r.l o].tc / Z7fi Paurth A~~nue ~ Chuln Vlsta ~ Cali`,ornia ~ 91910 ~ (6i4) E?t 51~t ~~ ~ tcc L L Attachment 3 -_` ~:::; ~,. ~ iR ti `~ i. ' J.• ~ t ~~ ~ . .w _ ,.. ~rt ~`t~r Jr.',:::u .'vr :1 crr~ o~ ~HUL;VI~T,•~ Q e v a l a p m e rr t S e r v i c e s Q e p~ r t r~ . e rt Planning Division ~ Cc•iei=ri^_~.- J''- --= - _ ~ APPl.lCA7l0i~1 APPE,IG':X Gis~I~~surs Statement ~ Pag;2 $. abode, or otherwise associated wi:h t; ;is ccra; act, projes- 6 ~ as env i__rson "identified in 1 , 2.. 3 , or , cr appRcatien, made a campaign contribution of more than $250 within the p~sz (12) rnon'h; to z current member of th=_ City cf Chula Vls*.a Council 7 ;Fy=_s which council member? _--- 7_ Has any persor. "identified in t , 2, 3 , or 4 ,above, or otherwise associated wiEh this contract, project or application, provided more than $420 (or an item of equivalan~ value) to an official'"' of the City o` Ci^ula Visfa lrz fli'e past°C12) months?'~(Thisincfu'des•any~p~ayment that confers a• personal benzfit cn tic recipient, a rebate or discount in the FriNoa`~~nything oPvafuz, money to retire a legal debt, gift, Loan, etc.) Yes If yes, which official"" and what was the nature eE the item provid=d? S. Nis any person "identified in 1 . 2, 3, or 4., above, or otherwise associated with tP.is contract-, P: ~i~"=~ er application, been a source of income of 5500 or more to an official'x cf the cir~ of Chula Fate in ~h: z ps~t (7 2) months? Yes No ~ ~ If yes, which officizi"" and the nature of the itzm provided? Dare - Signature of Contractor/ pplicant Print or type name of Contractor/App;icznt Person is identified as: any individual, firm, co-partnership, joint ventur=, zssociatlon, social cllb, fraternal orcanizatlon, corporation, estate, trust, receiver, syndicate, any ether county, c;ty, r-:cr,icipa'~ty. dlsCrict, or other political subdivision, or any other group or comcinaticn accng a5 a ur.~`- ti offici~i includes, but is not limited to: Mayor', Council member, Planning Commission=;, ~blam~e' of beard, cammissiort or committee of the City, ar.d. City employee or star members T^.is cisciosure Statement must be cenipleted at the time the project application, or contras-, is s::`-rni:te ;:Fw to City staff far processine, and updated within one wae4c prior to consideration by leaisJacve ocdy last Updated: MaKa tb, ~'~~ 2i5 i•curh Avcn'J° ~ Chula vista f California ~ 3'91C ~ (~;?: SJ1 SICl 8-10 ~D =~~d la..o .at i ,'`"_ RESOLUTION NO. 2011- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENTATIVE SUBDIVISION MAP PCS-06-07 TO SUBDIVIDE A 0.60 ACRE SITE INTO SEVENTEEN (17) CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP LOCATED AT 354 MOSS STREET. I. RECITALS 1. Project Site WHEREAS, the parcel, that is the subject matter of this resolution, is represented in Exhibit A, attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 354 Moss Street, Chula Vista ("Property"); and 2. Project; Applications for Discretionary Approval WHEREAS, on November 14, 2005, a duly verified application for a Tentative Subdivision Map (PCS-06-07) was filed with the City of Chula Vista Development Services Department by Medhat Rofael ("Applicant"); for the subdivision of a 0.60 acre site into seventeen (17) condominium units for individual ownership and associated site improvements at 354 Moss Street ("Project"); and 3. Environmental Determination WHEREAS, the Development Services Department reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a categorical exemption pursuant to Section 15332 (In-fill Development Projects) of the State CEQA Guidelines. No further environmental review is necessary; and 4. Planning Commission Record on Application WHEREAS, on September 14, 2011, the Director of Development Services set a hearing before the Planning Commission for the consideration of and recommendation on Tentative Subdivision Map. Notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the Property, at least ten (10) days prior to the hearing; and WHEREAS, a hearing at the time and place as advertised, namely September 14, 2011, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning Commission and said hearing was thereafter closed; and 8-11 City Council Resolution No. 2011- Page 2 WHEREAS, the Planning Commission reviewed and considered the Tentative Subdivision Map PCS-06-07; and WHEREAS, the Planning Commission after considering all evidence and testimony presented recommended by a vote of that the City of Chula Vista City Council approve the Tentative Subdivision Map (PCS-06-07) for the subdivision of a 0.60 acre site into seventeen (17) condominium units for individual ownership at 354 Moss Street; and 5. City Council Record on Application WHEREAS, a hearing time and place was set by the City Council of the City of Chula Vista for consideration of the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the Property, at least ten (10) days prior to the hearing; and WHEREAS, the City Council of the City of Chula Vista held a duly noticed public hearing to consider said Project at the time and place as advertised, namely September 27, 2011 at 4:00 p.m. in the Council Chambers, 276 Fourth Avenue, said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: II. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein, is in conformance with the elements of the City's General Plan, based on the following: 1. Land Use The General Plan land use designation is Residential High (18-27 dwelling units per gross acre). The implementing zone is R-3 Multi-Family Residential which allows up to 32 dwelling units per net acre. The proposed 17-condominium subdivision will be developed at a density of 28 dwelling units per gross acre, which is within the allowable density and permitted number of dwelling units. 2. Circulation All off-site public streets required to serve the subdivision already exist or will be constructed or paid for by the Applicant in accordance with the Conditions of Approval. The on-site public street is designed in accordance with the City design standards and/or requirements and provides for vehicular and pedestrian connections. 8-12 City Council Resolution No. 2011- Page 3 3. Public Facilities The Project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. There are no public service, facility, or phasing needs created by the Project that warrants the preparation of a Public Facilities Financing Plan, therefore this requirement is waived. 4. Housing The Project is consistent with the density prescribed within the Residential High General Plan designation, and provides additional opportunities for multi-family residential home ownership in the southwestern portion of the City. 5. Growth Mana ement The surrounding street segments and intersections including Moss Street and Third Avenue and Moss Street and Fourth Avenue will continue to operate at the same Level of Service in compliance with the City's traffic threshold standard with the proposed project traffic. No adverse impact to the City's traffic threshold standards would occur as a result of the proposed project. The Project site is located in the attendance area of Rice Elementary School, within the boundaries of the Chula Vista Elementary School District. The Project is also within the attendance area of Del Rey High School, Chula Vista High School, and Chula Vista Adult School, within the Sweetwater Union High School District. The Applicant will be required to pay applicable developer fees based upon assessable area. The proposed drainage improvements for each building will drain storm water runoff from the roof into a ribbon gutter to convey the surface runoff on the driveway into a 4' by 4' catch basin. A 24" reinforced concrete pipe then carries the runoff from the said catch basin into the lowest point of the site situated on the northwest corner of the parcel dissipated with rip rap. The project site is within the boundaries of the City of Chula Vista wastewater services area. The existing area sewer facility system has sewer lines along Moss Street including an existing off-site 8" sewer main, along the frontage of the proposed project site. The Applicant will be required to submit a final sewer study prior to connecting to the City's sewer system. 6. Open Space and Conservation The project proposes multi-family homes that meet the minimum open space requirement per the Chula Vista Municipal Code. The project would also be required to pay in-lieu park fees towards the acquisition and development of future parks. The 8-13 City Council Resolution No. 2011- Page 4 development of the site is consistent with the goals and policies of the Conservation Element. 7. Parks and Recreation The proposed project would not induce significant population growth, as it is a small residential infill project and would not impact existing or proposed recreational facilities. The Project has been conditioned to pay park acquisition and development fees prior to recordation of the Final Map. 8. Safety The City Engineer, Fire and Police Departments have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets those standards. 9. Noise The Project has been reviewed for compliance with the Noise Element and will comply with applicable noise measures at the time of issuance of the building permit. 10. Scenic Highway This Project Site is not located adjacent to or visible from a designated scenic highway. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the configuration, orientation, and topography of the site allows for the optimum siting of lots for natural and passive heating and cooling opportunities and that the development of the site will be subject to site plan and architectural review to ensure the maximum utilization of natural and passive heating and cooling opportunities. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. The site is physically suited for residential development because it is generally level and is located adjacent to existing residential developments. The Project conforms to all standards established by the City for a residential development. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. 8-14 City Council Resolution No. 2011- Page 5 III. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. IV. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project The Applicant, or his/her successors in interest and assigns, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, known Moss Street Condominiums, Chula Vista Tract 06-07. V. SPECIAL CONDITIONS OF APPROVAL A. The conditions herein imposed on the tentative map approval herein contained is approximately proportional both to nature and extent of impact created by the proposed development. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed by the Applicant or successor-in-interest to the City's satisfaction prior to approval of the Final Map, unless otherwise specified: Planning Division: 1. Applicant shall develop and maintain the Project Site in accordance with the approved plans, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19. 2. Prior to, or in conjunction with the issuance of the first building permit, pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ- 1277. 8-15 City Council Resolution No. 2011- Page 6 Land Development Division: 3. Developer shall comply with all standard tentative map conditions pursuant to Resolution 2010-278 and all the development conditions listed below: 4. Prior to Final Map recordation, enter into an agreement with the City whereby the Applicant/owner agrees to: a. Agree to include provisions in the Declaration of Covenants, Conditions and Restrictions (CC&R's) for the perpetual and routine maintenance of all streets, sewers, common areas, driveways and private storm drain systems. The City of Chula Vista shall be named as a party to said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. 5. The Applicant shall submit CC&R's or like documents, as approved by the City Attorney, to the City Engineer and Director of Development Services for approval prior to approval of the Final Map. Said CC&R's or like document shall include those items referenced in Condition 4 (a) above, and maintenance of all facilities located within common areas including but not limited to: walls, fences, lighting structures, paths, recreational amenities and structures, sewage facilities, drainage structures, drainage BMP's and landscaping. Said CC&R's shall be consistent with Chapter 18.44 of the Subdivision Ordinance, the Design Review application, DRC-06-36, and shall be recorded concurrently with the Final Map. 6. The CC&R's shall include pollution prevention programs and Homeowners' Association ("HOA") enforcement mechanisms for the prevention of non-storm water discharges to the public storm water conveyance system. 7. Applicant agrees to process a "Grant of Easements, License and Maintenance Agreement" to allow the HOA to maintain the landscaping within the proposed public right of way prior to Final Map approval. 8. Prior to Final Map approval, the Developer shall submit a separate instrument acquiring the offsite drainage easement per the information provided on the Tentative Map. 9. A portion of the subject property is located within the 100-year floodway according to Federal Emergency Management Agency (FEMA) Map No. 2152. Prior to issuance of the Grading Permit, the Applicant shall comply with City of CVMC Chapter 14.18. Compliance shall include but not be limited to processing a Letter of Map Revision with FEMA. 10. Prior to the issuance of Building Permits, the Applicant shall submit Improvement Plans in conformance with the City's Subdivision Manual and a Construction Permit. The Improvement Plans shall include but not be limited to: a. Removal and replacement of any broken or damaged curb, gutter, and sidewalk per SDRSD G-2, and G-7 along the project's frontage to the 8-16 City Council Resolution No. 2011- Page 7 satisfaction of the City Engineer. Sidewalk shall be designed and constructed with proper transitions to existing conditions. b. Installation of one driveway (24-foot wide) meeting design standards as shown in Chula Vista standard detail CVCS-lA. and any dedication of right- of-way as needed in order for driveway to comply with American Disability Act (ADA) requirements. c. Additional asphalt paving for the replacement of the existing curb, gutter and sidewalk. d. Installation of a sewer manhole per SDRSD S-2 is required at the connection of the 8" sewer lateral to the main public sewer line. 11. The Applicant shall dedicate on the Final Map, a 5 '/z foot Landscape Buffer Easement along Moss Street per Chula Vista Design Standards CVD-ST22, for class II collector. Fire Department: 12. The Building Permit plans shall demonstrate a fire flow of 2,250 gallons per minute for a 2-hour duration (at 20psi). 13. Prior to the issuance of Building Permits, the Applicant shall provide a water flow letter from the applicable water agency having jurisdiction indicating that the fire flow is available to serve this project 14. The Applicant shall install Fire Hydrants located not greater than 300 feet apart for multi- family properties prior to occupancy. The minimum fire hydrant size shall be: 6" x 4" x 2" '/2 x 2 '/2.". 15. The Applicant shall place fire lane signs, which signs shall be approved by the Fire Department, within the driveway, Fire Department hammerhead, and turn-around areas prior to occupancy. No parking shall be allowed within these areas. 16. Prior to occupancy, building addresses shall be applied in accordance with the following criteria: • 0-50 feet from the building to the face of the curb=6-inches in height with a 2- inch stroke. • 51-150 feet from the building to the face of the curb= 10-inches in height with a 1 %2-inch stroke. • 151 feet from the building to the face of the curb= 16-inches in height with a 2-inch stroke 17. Prior to occupancy, the Applicant shall comply with the adopted State of California Building Code changes that will require all new one and two-family homes and . townhouses built in the state starting January 1, 2011, to be equipped with life-saving fire sprinkler systems 18. During the building permit review, it will be determined by the Fire Department if the project will need to be protected throughout by a fire alarm system (automatic, manual, 8-17 City Council Resolution No. 2411- Page 8 fire flow monitoring). The fire alarm system will be reviewed and approved by the Fire Department and installed prior to occupancy. II. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 19. Approval of this request shall not waive compliance with all sections of the CVMC, and all other applicable City Ordinances in effect at the time of building permit issuance. 20. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the .City arising, directly or indirectly, from (a) City's approval and issuance of this Tentative Subdivision Map and (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the Tentative Subdivision Map contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Tentative Subdivision Map where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. III. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped copy returned to the City's Development Services Department. Failure to return the signed and stamped copy of this recorded document within 10 days of recordation shall indicate the Property Owner/Applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Property Owner Signature of Applicant Date Date A. CONFORMANCE WITH CITY SUBDIVISION MANUAL The City Council does hereby find that the Project is in conformance with the City of Chula Vista Subdivision Manual, Section 18.12 and the requirements of the Zoning Ordinance. 8-18 City Council Resolution No. 2011- Page 9 B. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. BE IT FURTHER RESOLVED that the Chula Vista City Council does hereby approve Tentative Subdivision Map (PCS-06-07), subject to conditions listed above for the subdivision of a 0.60 acre site into seventeen (17) condominium units for individual ownership at 354 Moss Street. Presented by: Gary Halbert, P.E., AICP Assistant City Manager/ Development Services Director 8-19