HomeMy WebLinkAboutReso 2012-233IIIII II III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Recording requested
by:
City of Chula Vista
y ~1
After recording return
:n:
City Clerks Office
'~ ~ City of Chula Vista
l~ 276 Fourth Avenue
Chula Vista, CA 91910
JAN D9, 2413 8:55 AM Q ~`
OFFICIAL RECORDS ~ ~ `~ ~+
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dranenburg, Jr., COUNTY RECORDER
FEES: O.DD
PAGES: 17
This space for Recorder's use only
Resolution No. 2012-233
Documenl7Ffle
RESOLUTION NO. 2012-233
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 8287
CHULA VISTA, ADOPTING MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM IS-2-O1, AND APPROVING A
TENTATIVE MAP TO SUBDIVIDE 2.32-ACRES LOCATED
AT 35 TAMARINDO WAY INTO 16 SINGLE-FAMILY
RESIDENTIAL LOTS, SUBJECT TO THE CONDITIONS
CONTAINED HEREIN FOR THE 35 TAMARINDO WAY
PROJECT
I. RECITALS
WHEREAS, the parcel of land which is the subject matter of this Resolution is depicted
in Exhibit "A", attached hereto and incorporated herein by this reference, and for the purpose
of general description consists of 2.32 acres located at 35 Tamarindo Way, as identified in
County Assessor records as APN 623-250-09-00, ("Project Site"); and
WHEREAS, on January 26, 2012, duly verified applications requesting approval of a
Rezone (PCZ-12-O1), Precise Plan (PCM-12-02) and Tentative Subdivision Map (PCS-12-
O1, Chula Vista Tract No. 12-O1), and Initial Study (IS-12-O1), were filed with the City of
Chula Vista Development Services Department by 35 Tamazindo LLC ("Applicant" and
"Owner"); and
WHEREAS, said Applicant requests approval of a Precise Plan and Tentative Map to
subdivide 2.33 acres into 16 single family residential lots ("Project") on said Project Site;
and
WHEREAS, said Applicant requests a rezone of the property from the R-1-7P Single
Family Residential zone to the R-1-SP Single Family Residential zone, with a Precise Plan
Modifying District on the Project Site; and
WHEREAS, the Director of Development Services has reviewed the proposed Project for
compliance with the California Environmental Quality Act and has conducted an Initial
Study, IS-12-O1 in accordance with the California Environmental Quality Act (CEQA).
Based upon the results of the Initial Study, the Director of Development Services has
determined that the Project could result in significant effects on the environment. However,
revisions to the Project made by or agreed to by the Applicant would avoid the effects or
mitigate the effects to a point where cleazly no significant effects would occur; therefore, the
Director of Development Services has prepared a Mitigated Negative Declaration, IS-12-O1;
and
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Resolution No. 2012-233
Page No. 2
WHEREAS, a hearing time and place was set by the Planning Commission 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 Planning Commission held an advertised public hearing on the Project
on November 14, 2012; the Planning Commission took public testimony; heazd staffs'
presentation; and reviewed and considered the Mitigated Negative Declazation (IS-12-O1)
and associated Mitigation Monitoring and Reporting Program, along with the applications for
a Rezone (PCZ-12-O1), a Precise Plan (PCM-12-02) and Tentative Map (PCS-12-O1); and
WHEREAS, following staffs' presentation and hearing of public comments, the Planning
Commission considered all evidence and testimony presented and voted 6-0-0 to recommend
that the City of Chula Vista City Council adopt Mitigated Negative Declazation IS-12-O1 and
the associated Mitigation Monitoring and Reporting Program and approve the Rezone (PCZ-
12-01), and Precise Plan (PCM-12-02), and the Tentative Map (PCS-12-O1) in accordance
with the findings and subject to the conditions contained in this resolution; and
WHEREAS, following the Planning Commission's public heazing on the Project, a
hearing time and place was set by the City Council For consideration of the Project and notice
of said heazing, together with its purpose, was given by its publication in a newspaper of
general circulation in the City and its mailing to property owners within 500 feet of the
exterior boundary of the Project, at least 10 days prior to the hearing; and
WHEREAS, the duly called and noticed public hearing on the Project was held before the
City Council of the City of Chula Vista on December 4, 2012 in the Council Chambers, 276
Fourth Avenue, at 6:00 p.m. to receive the recommendations of the Planning Commission,
and to heaz public testimony with regazd to the same; and
WHEREAS, the City Council of the City of Chula Vista reviewed and considered the
Mitigated Negative Declaration (MND IS-12-O1) and associated Mitigation Monitoring and
Reporting Program (MMRP), Rezone (PCZ-12-O1), Precise Plan (PCM-12-02), and
Tentative Map (PCS-12-O1).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it does hereby find, determine and resolve as follows:
IL PLANNING COMMISSION RECORD
Record of the proceedings of the Planning Commission at their public hearing on
November 14, 2012, including their vote upon Planning Commission Resolution
recommending approval, along with any relevant comments, have been provided to the
City Council and aze hereby incorporated into the record of this proceeding. These
documents, along with any documents submitted to the decision makers, shall comprise
the entire record of the proceedings for any California Environmental Quality Act
(CEQA) claims.
Resolution No. 2012-233
Page No. 3
~~- 889
III. WAIVER OF PUBLIC FACILITIES FINANCING PLAN
Pursuant to CVMC 19.09.050, the City Council hereby finds that the requirement for a
Public Facilities Financing Plan is hereby waived because the project is infill
development located in a developed portion of the City where adequate public facilities
exist or will be provided concurrent with development of the project site, therefore there
aze no public service, facility or phasing needs that warrant the preparation of a Public
Facilities Financing Plan.
IV. 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 for the 35
Tamarindo Way Project, is in conformance with the elements of the City's General Plan,
based on the following:
1. Land Use and Circulation
The General Plan land use designation is Low Medium Residential (3-6 dwelling
units per acre). The proposed 16-lot subdivision will be developed at a density of 6
dwelling units per acre, which is within the allowable density and permitted number
of dwelling units.
Project-related traffic generation has been analyzed and will not adversely affect the
road segments and intersections in the surrounding area, such as Hilltop Drive and
Orange Avenue. The Project has direct frontage on Tamarindo Way and Hilltop
Drive, which are both public streets. These streets, as well as the other off-site public
streets required to serve this subdivision already exist. Tamarindo Way and Hilltop
Drive will be improved by the Applicant in accordance with the conditions of
approval, to provide public street and landscape improvements in compliance with
City design standards and requirements. Projects proposed for the western Chula
Vista azea are also required to pay the Western Transportation Development Impact
fee prior to building permit issuance, to pay their shaze of costs associated with future
road construction and maintenance in the area.
2. Economic Development
The Project will provide new, high-quality, energy-efficient single-family homes that
will enhance the image and appeazance of the neighborhood, and create jobs related
to construction of the homes that will benefit the local economy. Approval of the
Project will help achieve of the General Plan objectives that seek to promote a vaziety
of job and housing opportunities to improve the City's jobs/housing balance, provide
a diverse economic base, and encourage the growth of small businesses.
Resolution No. 2012-233
Page No. 4
8 ~ ~ ~ 3. Public Facilities and Services
The Project site is located in the attendance azea of the Otay Elementary School,
within the boundazies of the Chula Vista Elementary School District. The Project is
also within the attendance azea of Castle Pazk Junior High School and Castle Pazk
High School, within the Sweetwater Union High School District. Both school districts
responded that they would be able to accommodate the additional students generated
by the Project, and that the schools would not be adversely impacted by the approval
of the Project.
The project site is within the boundaries of the City of Chula Vista wastewater
services azea. The existing sewer facility system includes 8-inch sewer lines along 35
Tamarindo Way. New sewer lateral aze proposed to service the individual lots. No
adverse impacts to the City's sewer system or City's sewer threshold standazds will
occur as a result of the proposed project.
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. 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. The proposed project would not induce
significant population growth, as it is a small residential infill project and would not
impact existing or proposed pazk and recreational facilities. The Project has been
conditioned to pay pazk acquisition and development fees prior to issuance of
building permits. Project construction will be required to comply with the 2010
California Green Building Standards, the City's Green Building Standards and the
City's Energy Efficiency Ordinance, and therefore energy-efficient homes will be
developed.
4. Housine
The Project is consistent with the density prescribed within the Residential Low-
Medium General Plan designation, and will provide additional opportunities for high-
quality, market-rate single-family residential home ownership in the southwestern
portion of the City.
5. Growth Mana eg ment
The Project is in compliance with applicable Growth Management Element
requirements because it is an infill project that will be served by existing public
infrastructure. There are no public service, facility, or phasing needs that warrant the
preparation of a Public Facilities Financing Plan.
6. Environmental
Resolution No. 2012-233
Page No. 5
8291
The project proposes individual single-family homes that meet the minimum open
space requirement per the Chula Vista Municipal Code. The Development Services
Director has prepazed a Mitigated Negative Declazation and Mitigation Monitoring
and Reporting Program, IS-12-O1, in compliance with the California Environmental
Quality Act, and finds that the development of the site to be consistent with the goals
and policies of the Conservation Element.
The Project has been reviewed for compliance with the Noise Element, a noise study
has been prepared by the applicant, which has determined that the project as
conditioned will comply with applicable noise measures at the time of issuance of the
building permit. The Project has been conditioned to require that all dwelling units be
designed to preclude interior noise levels over 45 dBA and exterior noise exposure
over 65 dBA for all outside private yard azeas.
A Geotechnical report has been prepared for the Project, which has determined that
the site is not within or neaz a mapped earthquake fault zone, and there are no known
or suspected seismic hazards associated with the Project site. Conditions of approval
have been included which require that a detailed soils report and geo-technical study
be prepazed prior to approval of grading plans, and that foundation plans be reviewed
in conjunction with building permits. Therefore, project compliance with applicable
Uniform Building Code standards would adequately address any building
safety/seismic concerns.
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 graded, level, and
vacant, was previously developed with one single-family residence, and is surrounded by
existing public streets and residential development. As conditioned, the Project conforms
to all standards established by the City for a residential development.
Resolution No. 2012-233
Page No. 6
8292
V. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(I), 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 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.
VI. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL
A. Project Site is Improved with Project
The Applicant, or his/her successors in interest, shall improve the Project Site with the
Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 12-O1, located
at 35 Tamarindo Way.
VII. 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, Owner or Successor-in-Interest to the City's
satisfaction prior to approval of the Final Map, unless otherwise specified:
GENERAL/ PLANNING AND BUILDING
The Project shall comply with the City of Chula Vista Standazd Tentative Map
Conditions, described in Section 5 of the City Subdivision Manual, as approved and
amended from time to time, to the satisfaction of the Director of Development Services
and City Engineer.
2. Applicant shall pay in full any unpaid balance for the Project, including Deposit Account
No. DQ1686.
3. The Applicant shall implement, to the satisfaction of the Director of Development
Services and the City Engineer, the mitigation measures identified in the Mitigated
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Resolution No. 2012-233
Page No. 7
Negative Declazation (IS-12-O1) and associated Mitigation Monitoring and Reporting
Program (MMRP) for the Project, within the timeframe specified in the MMRP.
4. Prior to issuance of the first building permit for the Project, the Applicant shall comply
with applicable provisions of Municipal Code Section 8.24 -Solid Waste and Litter, and
Section 8.25 -Recycling, related to single-family residential development projects, to the
satisfaction of the Department of Public Works, Environmental Services Division. These
requirements include, but are not limited to the following:
• The Applicant shall contract with the City's franchise hauler throughout the
construction and occupancy phase of the project.
• The Applicant shall design each individual lot or residence to accommodate the
storage and curbside pickup of individual trash, recycling and green waste
containers (3 total), as approved for asmall-quantity generator (single family
residential use).
• The Applicant shall comply with applicable provisions of the City's Construction
and Demolition Recycling Ordinance, including submittal of a Waste
Management Report per CVMC 8.25.095.B, to the Environmental Services
Division.
5. Applicant shall obtain approval of street addresses to the satisfaction of the Director of
Development Services.
6. The Applicant shall submit and obtain approval of detailed Landscape Improvement
Plans in accordance with the City Landscape Manual, and the Water Conservation
Ordinance, prior to the issuance of applicable permits or other discretionazy approval.
Landscape Plans shall be prepared by a registered Landscape Architect and shall be
consistent with the Concept Landscape Plan approved in conjunction with the Precise
Plan.
7. The Applicant shall submit grading or improvement plans showing the following:
• The maximum gradient within the rear yazd area of any lot shall not exceed 4:1
(25%) slope.
• The maximum gradient of the driveways serving garages shall not exceed 14%.
• The distance between curb cuts along Tamarindo Way serving adjoining
driveways shall be minimized to 6 feet between the flazes, to maximize the
available on-street parking area.
FIRE DEPARTMENT:
The Applicant shall satisfy the following conditions prior to issuance of the first building
permit for the project:
8. This project will require a fire flow of 1,500 gallons per minute fora 2-hour duration (at
20 psi).
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Resolution No. 2012-233
Page No. 8
9. Provide a water flow letter from the applicable water agency having jurisdiction
indicating that the above mentioned fire flow is available to serve this project.
10. The building(s) shall be addressed in accordance with the following criteria:
• 0 - 50 fr. from the building to the face of the curb = 6-inches in height with a f-
inch stroke
11. Single-family homes constructed for the Project shall be equipped with life-saving fire
sprinkler systems, pursuant to the State of California's building code changes adopted
January 1, 2011
12. Provide the following note on plans: Automatic Sprinkler system plans are a deferred
submittal. Submit to the Chula Vista Fire Department Prevention Division. 276 Fourth
Avenue Building 300.
GENERAL COMMENTS AND FEES:
13. The following fees are payable prior to issuance of building permits, based on the Final
Building Plans submitted:
• Sewer Connection and Capacity Fees
• Traffic Signal Fees
• Public Facilities Development Impact Fees (PFDIF)
• Western Transportation Development Impact Fees (WTDIF)
14. Additional deposits or fees in accordance with the City Subdivision Manual, and Master
Fee Schedule will be required for the submittal of the following items:
• Grading Plans
• Street Improvement Plans
• Final Map
15. Payment of the Park Acquisition and Development (PAD) fee per dwelling unit is
required prior to the issuance of the first Building Permit in accordance with CVMC
17.10. 100. The current PAD fee for West Chula Vista Projects is $9,978 for each Single
Family Residential dwelling. The PAD fee is adjusted on an annual basis on October 1
based on the Engineer Construction Cost Index. The payment of PAD fee amount in
place at the time of the recording of the Final Map is required. The PAD fee for the
project at this time is $159,648 (16 @ $9,978/unit).
ACCESS AND DRIVEWAYS:
The following conditions shall be satisfied prior to issuance of the improvements plans for
the project:
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Resolution No. 2012-233
Page No. 9
16. All driveways shall conform to the City of Chula Vista's sight distance requirements in
accordance with Section ] 8.16.220 of the Municipal Code. Also, landscaping, street
furniture, or signs shall not obstruct the visibility of driver at the street intersections or
driveways.
17. Driveway curb opening shall be a minimum of eight feet from any point of curb return,
and three feet from any obstruction.
GRADING AND DRAINAGE:
The following conditions shall be satisfied prior to issuance of the grading plan for the
project:
18. Developer must obtain a Land Development Permit prior to beginning any earthwork
activities at the site and before issuance of Building Permits in accordance with
Municipal Code Title 15.05. Developer shall submit Grading Plans in conformance with
the City's Subdivision Manual and the City's Development Storm Water Manual
requirements, including, but not limited to the following:
• Grading Plans shall be prepared by a registered Civil Engineer and approved by
the City Engineer.
• Drainage Study and Geotechnical/Soils Investigations are required with the first
- submittal of Grading Plans. The Drainage Study shall calculate the Pre-
Development and Post-Development flows and show how downstream properties
and storm drain facilities aze impacted. Design shall incorporate detention of
storm water runoff if Post-Development flows exceed Pre-Development flows;
analysis shall include flows from 2 yr, 10 yr, and 50 yr return frequency storms.
• Drainage study shall also demonstrate that no property damage will occur during
the 100-yeaz storm event.
• All onsite drainage facilities shall be private.
• Any off-site work will require Letters of Permission from the prop~k-Ey owner(s).
19. Provide two copies of the following technical reports with the first submittal of grading
plans:
• Drainage study
• Water Quality Technical Report (WQTR)
• Geotechnical Report
20. Retaining Walls:
• All retaining walls shall be noted on the grading plans and include a detailed wall
profile.
• Structural wall calculations are required if walls are not built per San Diego
Regional Standazd Drawings, or City of Chula Vista Construction Standards
CVCS-30 thru 40, and if fences aze to be placed on top of retaining walls.
• Retaining walls that will be part of a building wall must be approved as part of the
building permit for the project.
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Resolution No. 2012-233
Page No. 10
• Retaining walls azound trash bin (if any) shall be noted on the grading plans and
called out per standazd.
• Detail how retaining wall drains tie into the drainage system.
STORM WATER MANAGEMENT:
The following conditions shall be satisfied prior to issuance of the grading plan for the
project:
21. Development of this project shall comply with all requirements of State Water Resources
Control Boazd (SWRCB) NPDES General Permit No. CAS000002, Waste Dischazge
Requirements for Discharges of Storm Water Runoff Associated with Construction
Activity, and any subsequent re-issuances thereof. In accordance with said Permit, a
Storm Water Pollution Prevention Plan (SWPPP) and a Monitoring Program Plan shall be
developed and implemented concurrent with the commencement of grading activities.
The SWPPP shall specify construction structural and non-structural pollution prevention
measures.
22. A complete and accurate Notice-of-Intent (NOI) must be filed with the SWRCB. A copy
of the acknowledgement from the SWRCB that a NOI has been received for this project
shall be filed with the City of Chula Vista when received. Further, a copy of the
completed NOI from the SWRCB showing the Permit Number for this project shall be
filed with the City of Chula Vista when received.
23. Permanent storm water requirements, including site design, source control, and treatment
control Best Management Practices (BMP's), all as shown in the approved WQTR, shall
be incorporated into the project design, and shall be shown on the plans. Provide sizing
calculations and specifications for each BMP's. Any structural and non-structural BMP
requirements that cannot be shown graphically must be either noted or stapled on the
plans.
24. Site design shall include features to meet NPDES Standazds. These features shall
maximize infiltration and minimize impervious land coverage while conveying storm
water runoff.
25. Owner must enter into a Storm Water Management Facilities Maintenance Agreement to
perpetually maintain private BMP's located within the project prior to issuance of any
Grading or Building Permits, whichever occurs first.
PUBLIC IMPROVEMENTS:
The following conditions shall be satisfied prior to approval of the final map for the project:
26.Improvement Plans in conformance with the City's Subdivision Manual and a
Construction Permit shall be required. The Improvement Plan shall include but not be
limited to:
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Resolution No. 2012-233
Page No. 11
• Removal and replacement of existing pedestrian ramp on the corner of Hilltop
Drive and Tamarindo Way per Chula Vista Construction Standard CVCS-25.
Current pedestrian ramp shall be replaced if it does not meet the City of Chula
Vista Design Standards/ADA Standards, or if existing pedestrian ramp is cracked
or broken.
• Installation of curb, gutter, and sidewalk per SDRSD G-3 along the project's
frontage. Sidewalk shall be designed and constructed with proper transitions to
existing conditions.
• Installation of 16 driveways meeting design standards as shown in Chula Vista
standard detail CVCS-1A. Dedication of right of way as needed in order for
driveway to comply with American Disability Act (ADA) requirements.
• Installation of anLED-equivalent 100-watt street light, per the City Subdivision
Manual requirements, shall be installed at the project property line along
Tamarindo Way. The City Traffic Engineer shall approve street light location.
• Sewer lateral and storm drain connections to existing public utilities. The Public
Works Operations Section shall inspect any existing sewer laterals and
connections that aze to be used by the new development. Laterals and
connections may need replacement as a result of this inspection.
• Installation of 16 sewer laterals per SDRSD S-13.
• Utilities trenching restoration per CVCS No. 3 and No. 4.
27. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be
required, as necessary.
28. The construction and completion of all improvements and release requirements shall be
secured in accordance with Section 18.16.220 of the Municipal Code.
PRIVATE ONSITE IMPROVEMENTS:
The following conditions shall be satisfied prior to issuance of the improvements plans for
the project:
29. The onsite sewer and storm drain system shall be private. All sewer laterals and storm
drains shall be privately maintained from each building unit to the City-maintained public
facilities.
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Resolution No. 2012-233
Page No. 12
MAPPING:
30. Per City of Chula Vista Standazd Drawing CVD-ST-02, Hilltop Drive is classified as a
Class I Collector with ahalf--width right-of--way of 44 feet. The Developer shall be
required to dedicate the necessary right-of--way to meet the 44 feet width from centerline
to property line along Hilltop Drive prior to obtaining a Construction Permit for the Street
Improvements or a Building Permit for the site. A 2-foot dedication is required along
Hilltop Drive. Developer shall submit street dedication documents prepared by a
Registered Civil Engineer or licensed Land Surveyor.
31. Prior to the Improvement Plan or Building Permit approval, the Developer shall grant to
the City of Chula Vista an 8-foot Landscape Buffer Area Easement along Hilltop Drive,
per Chula Vista Design Standards CVD-ST-02 for a Class I Collector, and 5.5 foot
Landscape Buffer Area Easement along Tamarindo Way per Chula Vista Design
Standards CVD-ST-04 for a residential street.
32. Prior to Final Map, Grading and Street Improvement Plan approval, the owner/applicant
shall submit duplicate copies of the Street Improvement Plan, Grading Plan, Final Map
and Site Improvement Plan in digital format, such as (DXF) graphic file, on a CD or
through e-mail based on California State Plane Coordinate System (NAD 83, Zone 6) in
accordance with the City Guidelines for Digital Submittal.
CC&R'S
33. The Applicant shall submit CC&R's as approved by the City Attorney to the City
Engineer and Director of Development Services prior to approval of the Final Map. Said
CC&R's shall comply with the Standazd Tentative Map Conditions of Approval as
described in the City Subdivision Manual.
34. Said CC&R's shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and
shall be recorded concurrently with the Final Pazcel Map.
CHULA VISTA MUNICIPAL CODE REQUIREMENTS (ENGINEERING:
The following conditions shall be satisfied prior to issuance of the improvements plans for
the project:
35. Any private facilities (if applicable) within Public right-of--way or City easement will
require an Encroachment Permit prior to Improvement Plan or Building Permit approval.
36. All utilities serving the subject property and existing utilities located within or adjacent to
the subject property shall be under grounded in accordance with the Chula Vista
Municipal Code Section. Further, all new utilities serving the subject property shall be
under grounded prior to the issuance of Building Permits.
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Resolution No. 2012-233
Page No. 13
B. The following Conditions of Approval shall be satisfied prior to issuance of the first building
permit for the Project, unless otherwise noted:
1. The Applicant shall submit and obtain approval of a Building Permit to the satisfaction of
the City Building Official. The building permits shall comply with updated codes and
requirements, including but not limited to the 2010 California Building Code (CBC) and
Ca. Handicapped Accessibility requirements, 2010 California Mechanical Code, 2010
California Plumbing Code, 2010 California Electrical Code, California Fire Code, 2010
Califomia Green Building Standards, and 2008 California Energy Code as adopted an
amended by the State of California and City of Chula Vista, and the City of Chula Vista
Increased Energy Efficiency Ordinance.
2. Applicant shall submit a detailed wall/fencing plan showing that all project walls and
fences comply with the approved Precise Plan and applicable City of Chula Vista
Municipal Code requirements. Plan shall indicate color, materials, height and location of
freestanding walls, retaining walls, and fences to the Director of Development Services
for approval prior to issuance of the first building permit. The wall plan shall also
include details such as accurate dimensions, complete cross-sections showing required
walls, adjacent grading, landscaping, and sidewalk improvements, and the location of
adjacent residential structures. Materials and color used shall be compatible and all walls
located in exterior side-yards or in front yards facing public streets and sidewalks shall be
constructed of a decorative masonry. Any combination free standing/retaining walls shall
not exceed nine feet in height. The Applicant shall submit a detail and/or cross-section of
the maximum minimum conditions for all "combination walls," which include retaining
and free standing walls, as part of said wall plan.
VIII. 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 Recorder of the County of San Diego, at the sole
expense of the property owner and the Applicant, and a signed, stamped copy of this
recorded document shall be returned within ten days of recordation to the City Clerk. Failure
to record this document shall indicate the property owner and 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 City Clerk's
Office and known as Resolution No. 2012-233.
~2-21-2
Signature of Applicant Date
Juan-Pablo Mariscal, President
35 Tamarindo LLC
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Resolution No. 2012-233
Page No. 14
Signature o Property Owner
Juan-Pablo Mariscal, President
35 Tamarindo LLC
~2 (21 ~12
Date
IX. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they aze, 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. The Applicant shall be notified ten (10)
days in advance prior to any of the above actions being taken by the City and shall be given
the opportunity to remedy any deficiencies identified by the City within a reasonable and
diligent time frame.
X. 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, provision, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed
to be automatically revoked and of no further force and effect ab initio.
Presented by Approved as to form by
Gazy Halbert, .E., AICP len R. ogins
Assistant Cit Manager/Director of Att ey
Development Services
8301
Resolution No. 2012-233
Page No. 15
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 4th day of December 2012 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
1
Cheryl Cox, Ma or
ATTEST:
~~ ~ ~~
Donna R. Norris, CMC, City 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. 2012-233 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 4th day of December 2012.
Executed this 4th day of December 2012.
//~L- 7x rJ- u~./S.c~-
Donna R. Norris, CMC, City Clerk
8302
Resolution No. 2012-233
Page No. 16
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LOCATOR
APPL1~M. Gary Watts PRW ECT ~ESLRIPiION:
MISCELLANEOUS
PROJECT 35 Tamarindo Way
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