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HomeMy WebLinkAboutReso 2001-347 RESOLUTION NO. 2001-347 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING CONDITIONS ON THE COUNTRY CLUB VILLAS TENTATIVE SUBDIVISION MAP (PCS-01-10), A 2.25-ACRE, 31-LOT CONDOMINIUM DEVELOPMENT FOR 21 SINGLE-FAMILY DETACHED DWELLING UNITS, LOCATED AT 25/33 NAPLES STREET, CHULA VISTA TRACT NO. CVT 01-10 I. RECITALS A. Project Site WHEREAS, the area of land commonly known as Country Club Villas Tentative Subdivision Map (PCS-01-10), Chula Vista Tract No. 01-10, which is the subject matter of this resolution, and is diagrammatically represented in Exhibit "A," attached hereto and incorporated herein by this reference; and for the purpose of general description herein consists of 2.25 acres located at 25/33 Naples Street, within the Apartment Residential Zone (R-3), and within the General Plan Land Use Designation of Residential Medium (6 - 11 dwelling units per acre), consisting of APN 619-100-2900 and 619-100-3000 ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on May 8, 2001, Elmcon Ltd. ("Developer") filed a tentative subdivision map application with the Planning Division of the City of Chula Vista and requested approval of the Tentative Subdivision Map (PCS-01-10) known as Country Club Villas, Chula Vista Tract No. 01-10, in order to subdivide the project site into a 23-1ot condominium development for 22 single-family detached condominium units ("Project"); and C. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public heating on said project on August 22, 2001, and voted 4-0 to continue the project to September 12, 2001, so that the Developer could prepare and submit a revised Tentative Subdivision Map addressing concerns expressed by the Planning Conunission; and WHEREAS, on September 12, 2001, the Developer brought a revised Tentative Subdivision Map (consisting of 31 lots, including nine common lots, one street lot, and 21 residential lots for 21 single-family detached condominium units) before the Planning Commission, who voted 5-1 to recommend that the City Council approve the Project based on the findings and subject to the conditions listed below, in accordance with Planning Commission Resolution PCS-01-10; and D. Environmental Determination WHEREAS, the City Council previously adopted a Mitigated Negative Declaration (IS- 01-039), in accordance with the requirements of the California Environmental Quality Act (CEQA); and Resolution 2001-347 Page 2 E. City Council Record on Application WHEREAS, a duly called and noticed public hearing was held at the time and place as advertised on October 9, 2001 in the Council Chambers, 276 Fourth Avenue before the City Council of the City of Chula Vista to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the Project, and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: II. PLANN1NG COMMISSION RECORD The proceedings and all evidence on the project introduced before the Planning Commission at their public hearings on this project held on August 22 and September 12, 2001, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. 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 (PCS-01-10) for Country Club Villas, Chula Vista Tract No. 01-10, as conditioned herein, is in conformance with the various elements of the City's General Plan based on the following: 1. Land Use The General Plan Land Use Designation is Residential Medium (6 - 11 dwelling units per gross acre). The proposed 31-lot subdivision is within the allowable density and permitted number of dwelling units. Therefore, as conditioned, the Project is in substantial compliance with the City's General Plan. 2. Circulation The private street required to serve the subdivision will be constructed or paid for by the developer in accordance with the Conditions of Approval. The private street within the Project will be designed in accordance with the City design standards and/or requirements and provide for vehicular and pedestrian connections with adjacent streets. 3. Housing The housing provided within the Project will be market-rate housing. The Project will provide additional single-family detached condominiums in an established western Chula Vista neighborhood. 4. Conservation Resolution 2001-347 Page 3 The Project site is known to have significant environmental impacts, which are addressed by the mitigation measures. The mitigation monitoring and reporting program is incorporated into the conditions of approval. 5. Parks and Recreation, Open Space The Project will be required to pay park acquisition and development fees prior to approval of a final map. The individual lots possess some rear and side yard areas. 6. Seismic Safety The Project is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. The site is not located adjacent to an identified or inferred geologic fault. 7. Safety The Project is within the General Plan standard for response time of both police and fire services. The emergency services agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets the City Threshold Standards for emergency services. 8. Noise The Project will be required to meet the residential standards of the General Plan's Noise Element and Municipal Code. The dwelling units will be required to meet the Uniform Building Code standards with regard to acceptable interior noise levels. 9. Scenic Highway The Project does not abut a scenic route or gateway. 10. Bicycle Routes The private street within and the public street adjoining the Project do not include a designated bike route. 11. Public Buildings No public buildings are planned or proposed for the Project. B. 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. C. 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 Resolution 2001-347 Page 4 natural and passive heating and cooling opportunities, and that the development of the site will be subject to site plan and architectural review to insure the maximum utilization of natural and passive heating and cooling opportunities. D. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. 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. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and specific conditions set forth below: IV. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing Project is hereby conditioned as follows: Environmental: 1. Prior to demolition of the existing accessory buildings, the applicant shall contract with an environmental consultant certified by the State of California to conduct testing for the presence of asbestos and for the proper removal and disposal of this element, if detected. The applicant shall be responsible for obtaining all the required permits from all affected state and local regulatory agencies, including the Air Pollution Control District, and shall provide proof of having obtained approval to proceed with this process in the Planning and Building Department prior to obtaining a building permit. 2. To ensure that the noise level will be less than or equal to 45 dBA in CNEL at any location inside of the rooms of the dwellings, all the windows and exterior doors must be closed. Due to the restriction of closed windows, forced ventilation is required. This can be established by the installation of fans or an Air Conditioning System (HVAC). Either one of these can be provided by the design. 3. The installation of fans or an HVAC system must be constructed to ensure that the ducts for the outside air supply and the exhaust be placed at two right angles. Two air exchanges over the course of one hour are required, along with a 20% volume change per hour, which must be taken from the outdoors, per UBC requirements. The ducts for the outside air supply and exhaust must be placed on opposite sides of the units facing Naples Street. 4. All windows, French doors, and exterior hardwood doors on the first and second floors for the first and second row of anits closest to Naples Street shall be designed and constructed in accordance with the Acoustical Study prepared by Dr. Penzes and Associates, dated March 22, 2001. No mitigation is required for the windows, french doors and exterior hardwood doors of the rest of the dwellings (refer to Exhibit B of Mitigated Negative Declaration). Resolution 2001-347 Page 5 5. The external walls of all buildings shall be designed and constructed in accordance with the Acoustical Study prepared by Dr. Penzes and Associates, dated March 22, 2001 (refer to Exhibit B of Mitigated Negative Declaration). 6. A 6-foot-high sound wall shall be erected at the properly line between the east side of the site and the parking lot of Country Club Shopping Center, to the east of the project site, as well as along the front (facing Naples Street) of the lot, outside of the 15-foot setback. The sound wall shall be constructed from concrete blocks or from masonry (refer to Exhibit B of Mitigated Negative Declaration). Engineering: 7. Submit and obtain approval of a lot line adjustment plat, prior to submittal of the final map, between the subject development and the adjacent property to the east, in order to eliminate the building wall encroachment shown on the Tentative Map. 8. Present written verification to the City Engineer from Sweetwater Authority that the subdivision will be provided adequate water service and long-term water storage facilities. 9. Install fire hydrants, as determined by the City Fire Marshall. Said hydrant locations shall be shown on the improvement plans. 10. Submit and obtain approval by the City Engineer of grading plans prepared by a registered civil engineer. All grading and pad elevations shall be within two feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Planning Director. 11. Grading plans shall address the existing steep slope at the southwest comer of the development that will include re-grading, if necessary, in order to achieve a maximum slope gradient of 2 horizontal to 1 vertical. 12. Existing retaining walls that are proposed to remain shall be addressed by the project soils engineer to determine adequate structural stability. 13. Grading design shall be in accordance with Grading Ordinance 1797, as amended. 14. Submit and obtain approval by the City Engineer for an erosion and sedimentation control plan as part of grading plans. 15. Show the location of cut/fill lines based on existing topography on grading plans. 16. Submit a list of proposed lots indicating whether the structure will be located on fill, cut, or a transition between the two situations, prior to approval of the final map. 17. Submit a detailed geotechnical report prepared and signed and stamped by both a registered civil engineer and certified engineering geologist, prior to approval of grading plans and issuance ora grading permit. Resolution 2001-347 Page 6 18. All onsite drainage facilities shall be private. Connection to the existing storm drain culvert shall be designed to the satisfaction of the City Engineer. 19. Submit a precise drainage study prepared by a registered civil engineer and approved by the City Engineer prior to issuance of a grading permit or other development permit. Design of the drainage facilities shall consider existing onsite and offsite drainage patterns. The drainage study shall show how downstream properties and storm drain facilities are impacted. The extent of the study shall be as approved by the City Engineer. 20. Development of the subdivision shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the applicant shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The developer shall comply with all the provisions of the N.P.D.E.S. and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The applicant shall design the Project's storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. The San Diego Regional Water Quality Control Board has issued a new Municipal Storm Water Permit (Order No. 2001-01). The permit includes regulations such as implementation of Standard Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new residential development. The applicant shall comply with all relevant City regulations, when they become effective, including but not limited to incorporation into the design and implementation of the Project temporary and permanent structural Best Management Practices and non-structural mitigation measures that would reduce pollution of storm runoff to the maximum extent practicable. 21. The Applicant shall comply with all provisions of the National Pollutant Discharge Elimination System (NPDES) and Clean Water Program. The quantity of runoff from the development shall be reduced to an amount equal to or less than present 100-year frequency storm. Retention/detention facilities will be required as approved by the Director of Public Works to reduce the quantity of nmoff to an amount equal to or less than predevelopment flows. Said retention/detention facilities shall be provided by the Applicant. 22. The main onsite sewer system within the private streets shall be public. Said sewer system shall be designed in accordance with the City of Chula Vista Subdivision Manual for public sewer systems. Public sewer design requirements include, but are not limited to, terminating sewer mains with standard manholes, maintaining a minimum distance of 5 feet from the edge of roadway and placement of manholes away from parking areas. Public sewer mains shall be 8-inch diameter. Sewer service for lots 7, 8, 13-15 and 19, as shown on the Tentative Map, shall be by a public sewer main along the lot frontage (Tentative Map does not show a sewer line serving these lots). Resolution 2001-347 Page 7 23. All sewer laterals shall be privately maintained from the house to the City-maintained public sewer main. 24. Streets within the development shall be private. Detailed horizontal and vertical alignment of the centerline of said streets shall be reflected on the improvement plans for the development. Said streets shall be designed to withstand H-20 wheel loading, and include reinforcement. Structural calculations shall be submitted with the improvement plans to support the proposed street structural section. The border between public street and private street shall be delineated throughout the use of distinctive pavement. Private streets shall be designed to accommodate emergency vehicle access to the satisfaction of the City Engineer. 25. Guarantee, prior to approval of the final map, the construction of private street improvements deemed necessary to provide service to the subject subdivision, in accordance with City standards. 26. Remove the existing temporary power pole mounted street light at the southwest comer of the project, and replace with a permanent Chula Vista standard 250-watt street light at a location approved by the City Traffic Engineer. 27. Install an alley-type entrance with pedestrian ramps at the project entrance, in accordance with City and Regional standards. 28. Striping on Naples Street shall be required to create turning pockets for the project entrance, to the satisfaction of the City Traffic Engineer. Parking along the project frontage shall no longer be allowed due to the required striping. 29. Remove the existing section of temporary asphalt sidewalk at the westerly end of the project adjacent to Naples Street and replace with permanent concrete sidewalk. Remove and replace existing driveways and damaged sections of concrete improvements and replace with standard concrete curb, gutter and sidewalk to the satisfaction of the City Engineer. 30. Grant an access and maintenance easement for the purpose of maintaining the public sewer system over the entire width of the private streets on the final map. 31. Grant public drainage easements over the existing storm drain facilities on the final map. Said easements shall be a minimum width of 15 feet. 32. Agree to defend, indemnify and hold harmless the City and its agents, officers, and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision, pursuant to Section 66499.37 of the State Map Act, including adoption of the Mitigated Negative Declaration, provided the City promptly notifies the subdivider of any claim, action or proceeding, and on the further condition that the City fully cooperates in the defense. Resolution 2001-347 Page 8 33. Agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 34. Ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Developer agrees that the City of Chula Vista may grant access to cable companies franchised by the City of Chula Vista to place conduit within the City's easement situated within the Project. Developer shall restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. 35. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83). 36. Submit copies of the final map and improvement plan in a digital format, such as (DFX) graphic file, prior to approval of the Final Map. Provide Computer Aided Design (CAD) copy of the Final Map, based on accurate coordinate geometry calculations, and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on a 3-1/2-inch HD floppy disk, prior to the approval of the Final Map. 37. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. Planning: 38. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the final map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 39. The Final Map shall be prepared by a licensed civil engineer, and shall incorporate all the conditions of approval and be completed to the satisfaction of the Director of Planning and Building. 40. Prior to any use of the project site or issuance of any building permits, all conditions of approval shall be completed to the satisfaction of the Director of Planning and Building. 41. Prior to issuance of building permits, a lighting plan shall be submitted to the City of Chula Vista Police Department Crime Prevention Unit and the Planning Division for review and approval. 42. Prior to issuance of building permits, school fees shall be paid to Chula Vista Elementary School District and annex to Community Facilities District (CFD) No.10. 43. Ensure with all utilities that the location of all existing utility facilities will be protected in place prior to commencement of grading. All utilities shall be underground within the subdivision. Resolution 2001-347 Page 9 44. All Park and Recreation pad fees shall be paid at the issuance of the final map pursuant to Chapter 17.10 of the Chula Vista Municipal Code. 45. All building plans must comply with 2001 energy requirements, 1998 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and 1998 National Electrical Code. 46. Future development of the site shall comply with conditions of approval of DRC-01-41, with the exception that the number of units be 21 and the number of guest parking spaces be 19. 47. Prior to issuance of any certificates of occupancy, developer shall guarantee that all improvements shall be installed, including, but not limited to: streets, sidewalks, utilities, walls/fencing, landscaping, and common open space amenities. 48. Approval of this Tentative Subdivision Map shall not waive compliance with all sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances in affect at the time of building permit issuance. 49. Developer agrees that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. 50. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this tentative map, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of the tentative map conditions where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this tentative map and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. 5t. Approval of the Country Club Villas Tentative Subdivision Map (PCS-01-10) is contingent upon approval of the Country Club Villas General Plan Amendment (GPA-01-04) and Rezone (PCZ-01-02). 52. CC&R's shall be submitted to City Planning staff for review prior to approval of Final Map, and shall be recorded prior to issuance of building permits. V. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy of this recorded document within Resolution 2001-347 Page 10 ten days of recordation to the City Clerk shall indicate the property owners/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the Office of the City Clerk. ~gnature of P~'operty Owner Date / ! ' VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Developer or a successor in interest gains no vested rights by the City's approval of this Resolution. VII. 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. Presented by Approved as to form by ,:./: Robe, A. Leiter J~. K~eny Planning ~d Building Director ~ Attorney Resolution 2001-347 Page 11 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of October, 2001, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Hortoni:~vlayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing Resolution No. 2001-347 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 9th day of October, 2001. Executed this 9th day of October, 2001. Susan Bigelow, City Clerk PROJECT LOCATION SAN DIEGO COUNTRY CLUB ST. PlUS CATHOLIC CHURCH CASTLE PARK ~ LOCATOR APPCLJI~NT: ELMCON LTD. PROJECT DESCRIPTION:  TENTATIVE SUBDIVISION MAP PROJECT  ADDRESS: 25/33 Naples Street Request: To subdivide 2.25 acres into a 31-1ot subdivision for development of 21 single-family detached condominium SCALE: FILE NUMBER: units known as Country Club Villas. i ND Scale PCS-01-10 Related Cases: IS-01-39, GPA-01-04,PCZ-01-02, DRC-01--40 j:\home\plannin \cherryl\locatorspcs0110,cdr 09.21.01y(.~_~ _///.