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HomeMy WebLinkAboutReso 2011-189RESOLUTION NO.2011-189 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. Proiect 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 heazing was thereafter closed; and Resolution No. 2011-189 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 6-0, 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 heazing 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 boundazies 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 standazds and/or requirements and provides for vehicular and pedestrian connections. Resolution No. 2011-189 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 prepazation 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 eg ment 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 standazd 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 azea of Rice Elementary School, within the boundaries of the Chula Vista Elementary School District. The Project is also within the attendance azea 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 comer 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 azea 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 development of the site is consistent with the goals and policies of the Conservation Element. Resolution No. 2011-189 Page 4 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. Safe 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. ] 0. 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 azchitectural 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 standazds 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. Resolution No. 2011-189 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 baz 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 similaz 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 similaz 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. Resolution No. 20] 1-189 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 Declazation of Covenants, Conditions and Restrictions (CC&R's) for the perpetual and routine maintenance of all streets, sewers, common azeas, 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. 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 dischazges 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 Fina] 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-yeaz 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 satisfaction of the City Engineer. Sidewalk shall be designed and constructed with proper transitions to existing conditions. Resolution No. 20] 1-189 Page 7 b. Installation of one driveway (24-foot wide) meeting design standards as shown in Chula Vista standazd 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" '/z x 2 ''/i.". 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-azound 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 %z-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, fire flow monitoring). The fire alarm system will be reviewed and approved by the Fire Department and installed prior to occupancy. Resolution No. 2011-189 Page 8 VI. 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 Owners and Applicants compliance with this provision shall be binding on any and all of the Property Owners and Applicants successors and assigns. VII. 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. b- 7- 1 ~ Si~reofPropert} /~er Medhat Rofael Date Signature ofApplican Medhat Rofael 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. Resolution No. 2011-189 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. Approved as to form by Gary Halb~rt,~P.E., AICP ' Assistant rt ,Manager/Director of Development Services r~ x'1/1 - '~~~X~--~ Glen R. Googins >jity_AStorney Presented by Resolution No. 2011-189 Page 10 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 27th day of September 2011 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, M or ATTEST: Donna R. Norris, MC, ity Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2011-189 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 27th day of September 2011. Executed this 27th day of September 2011. ~~~ R Q, ~~4h.~so Donna R. Norris, CMC, City Clerk Resolution No. 2011-189 Page 11 Rice Elementary School T~ OG L ~~ ~~d~b ~ / ,~ PROTECT ~ LOCATI00 i uei itev Hiah School ~1 CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT RROlECT DESCRIPi10N: aRVUCU+r. Medhat Rafael TENTATIVE SUBDIVISION MAP O PROJEa 354 Moss St. Proposing 17 new three story attached condominiums, - nooRESS: two-bedroom, 2 bath with a two car garage. g~E FILE NUMOFR NORTH No Scale PCS-06-D7 Related pses: DRC-0fi-36; IS-06-009, ZAV-10-02 Japlannin9~~~~~O~tors\prsOb07.cdr 11.15.10 EXHIBIT A