HomeMy WebLinkAboutReso 2014-255 RESOLUTIOI� NO. 2014-2»
RESOLUTIOI�' OF THE CITY COUNCIL OF THE CITI' OF
CHULA VISTA APPROVING TENTATNE SUBDNISION
A4AP PCS-li-01 TO SUBDNIDE A .98 ACRE SITE II�TTO FIVE
(�) SII`'GLE-FAMILY LOTS FOR II��DIVIDUAL OVJNERSHIP
LOCATED AT 386 DATE STREET
I. RECITALS
1. Project Site
l�'HEREAS; [he parcel, that is the subject matter of this resolution, is represented in
E�hibit "1"; attached hereto and incorporated herein by this reference, and for the purpose of
general description is located at 386 Date Street, Chula Vista; and
2. Project: Applications for Discretionary Approval
��'HEREAS, on Mazch 7, 20li, a dulv verified application for a Tentative Subdi��ision A9ap
�vas filed with the City of Chula Vista Development Services Department by Iberia Project
Management, LLC (Applicant) for the subdivision of a .98 acre site into five (�) sinele-family
lou for individual o��mership and associated site impro��ements at 386 Date Street (Project); and
3. Environmental Determination
WHEREAS, the De��elopment Sen�ices Director revieN�ed the proposed project for
compliance with the Califomia En��ironmental Qualit�� Act and has determined that the project
qualifies for a Cateoorical E�emption pursuant to Section 1�332 (In-fill Development Projects)
of the State CEQA Guidelines. Therefore; no fuRher environmental re��iew is required; and
4. Planning Commission Record on Application
VJHEREAS, on November 12; 2014, a hearing time and place was set by the
Development Sen�ices Director for said Tentative Subdivision Map and notice of said hearing,
toeether with its purpose, was �i��en b�� its publication in a newspaper of general circulation in
the City, and its mailing to property oNmers and residents �+�ithin �00 feet of the exterior
boundaries of the propem�, at least ten (]0) da��s prior to the hearine; and
WHEREAS, a hearing at the time and place as advertised, namely November 12, 2014; at
6:00 p.m. in the Council Chambers. 276 Fourth Avenue, �ti�as held before the Planning
Commission and said hearine ��as thereafrer closed: and
l�'HEREAS. the Plannine Commission revie�+-ed and considered the Tentati��e
Subdivision Map PCS-U-01; and
Resolution No. 2014-2�5
Page No. 2
WHEREAS, the Planning Commission afrer considering all evidence and testimony
presented recommended by a vote of 5-0-2-0 that the City of Chula Vista City Council approve
the Tentative Subdivision Map (PCS-13-01) for the subdivision of a .98 acre site into five (�)
single-family lots for individual ownership at 386 Date SVeet; and
5. City Council Record on Application
WHEREAS, a hearine time and place was set by the Development Services Director for
consideration of the Project and notice of said hearing, together with its purpose, was given by its
publication in a ne��spaper of general circulation in the City, and its mailing to property owners
and residents H�ithin 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 December 16, 2014
at 2:00 p.m. in the Council Chambers, 276 Fourih Avenue, said heazing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find, determine, and resolve as follows:
II. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Govemment 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 Low Medium (3-6 dwelling
units per gross acre). The implementing zone is R1-SP Single-Family Residential
which allows up to 5 dwelling units per net acre. The proposed 5-lot subdivision will
be developed at a density of 5 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.
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 wattants the preparation of a Public Facilities Financing Plan.
Resolution No. 2014-2>j
Paee No. 3
4. Housins
The Project is consistent «�ith the densim prescribed ��ithin the Residential Lo«
Medium General Plan designation; and provides additional opportunities for sinele-
family residential home o��mership in the southwestem portion of the City.
�. GroN2h I�4anaeement
The surroundine street segments and intersections includins Date Street and Date
Court and Date Street and Main Street ��ill continue to operate at the same Le��el of
Service in compliance ���ith the Cih-`s traffic threshold standard with the proposed
project traffic. No adverse impact to the City�s vaffic threshold standazds �iould
occur as a result of the proposed project.
The Project site is located in the attendance area of Ota}� Elementarv School, �vithin
the boundaries of the Chula Vista Elementan- School District. The Project is also
�vithin the attendance azea of Castle Pazk High School and Palomaz High School,
���ithin the S���eetN�ater Union High School District. The Applicant ��11 be required to
pa}� applicable de��eloper fees based upon assessable area.
The proposed draina�e improvements for the ]ot ���ill consist of sheet floti� along
valley Qutters that discharge the runoff into a bio-retention area. The proposed project
will collect the esistine runoff and treat it in accordance with current BMP methods
and discharee to the Bio-retention basin located on the southH�est side of the lot.
The project site is within the boundaries of the Cin� of Chula Vista ��astewater
sen�ices azea. The existine azea se��er facility system has sewer lines alone Date
' Sireet includine an existine off=site 8" se«�er main, alone the frontage of the proposed
project site. The Applicant ���ill be required to submit a final sew�er study prior to
connecting to the Cin�`s se�i�er system.
6. Open Space and Consen�ation
The project proposes sinele-family homes that meet the minimum open space
requirement per the Chula Vista Municipal Code. The project H�ould also be required
to pay in-lieu park fees towards the acquisition and development of futwe parks. The
development of the site is consistent ���ith the goals and policies of the Conservation
Element.
7. Parks and Recreation
The proposed project would not induce sienificant population gro�nh; as it is a small
residential infill project and would not impact e�istine or proposed recreational
facilities. The Project has been conditioned to pay park acquisition and de��elopment
fees prior to recordation of the Final A9ap.
Resolution No. 2014-Z»
Page No. 4
8. Safetv
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 Hiahwav
This Project Site is not located adjacent to or visible from a designated scenic
highway.
B. Pursuant to Government Code Section 66473.] 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 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.
C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council
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 ]evel and
is located adjacent to existing residential developments. The Project conforms to all
standazds established by the Ciry 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.
IIl. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Govemment 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 eaaction
described in this resolution begins on the effective date of this resolution and an}� 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.
Resolution I�TO. 2014-2»
Paee I�'o. �
BE IT FURTHER RESOLVED that the Cit�� Council of the Cin� of Chula Vista does
hereb}� appro��e the Project subject to the oeneral and special conditions set forth below�.
IV. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL
Unless otherwise specified or required by law�: (a) the conditions and Code requirements set
forth below shall be completed prior to the related Final Map as determined b�� the Development
Sen�ices Director and the Cin- Eneineer, unless otherti�ise specified: "dedicate" means grant the
appropriate easement, rather than fee title. Vdhere an easement is required the Applicant shall be
required to provide subordination of any prior lien and easement holders in order to ensure that
the Cih� has a first priorit}� interest and riehts in such land unless othenvise excused b�� the Cit}�.
A'here fee title is eranted or dedicated to the Cit��. said fee title shall be free and clear of all
encumbrances, unless otherw�ise e�:cused bv the Citv.
Should conflicting ���ording or standards occur bet���een these Conditions of Approval, any
conflict shall be resolved by the Cin� Manager or desisnee.
GENERAL/DEVELOPMENT SERVICES
1. Applicant shall develop and maintain the Project Site in accordance ��ith the approved
plans, N�hich include site plans, floor plan; and elevation plan on file in the Plannine
Division, the conditions contained herein, and Title 19.
2. Prior to, or in conjunction ��ith the issuance of the first building permit, the Applicant
shall pa�� all applicable fees. including any unpaid balances of permit processing fees for
deposit account DQ-1720.
3. If applicable. to avoid an}� direct impacts to nestine raptors and/or any migraton� birds,
removal of habitat that supports active nests on the proposed area of disturbance should
occur outside of the breeding season for these species (January 1� to August 3]). [f
remo��al of habitat on the proposed area of disturbance must occur during the breeding
season; the applicant shall retain a Cit}�-appro��ed biologist to conduct a pre-construction
suney to determine the presence or absence of nesting birds on the proposed azea of
disturbance. The pre-construction sur��e}� must be conduction H�ithin ]0 calendaz days
prior to the start of construction activities (including remo��al of ��egetation). The
applicant shall submit the results of the pre-construction survey to the Cit}= for re��ie�a and
approval prior to initiating an�� construction activities. If nesting birds are detected, a
letter report or mitieation plan as deemed appropriate b}� the City shall be prepared and
include proposed measures to be implemented to ensure that disturbance of breeding
activities is a��oided. The report or miti2ation plan shall be submitted to the City for
review and approval and implemented to the satisfaction of the City. The Cin�`s
Mitioation Monitor shall verifi� and approve that all measures identified in the report or
mitigation plan aze in place prior to and/or during construction.
Resolution No. 20]4-2»
Page No. 6
Land Development Division/Landscape Architecture Division:
4. Developer shall compl}� with ali standard tentative map conditions pursuant to Resolution
2010-278 and all the development conditions listed below:
5. Before issuance of the IS` building permit for the project, the Applicant is required to
dedicate a 7.50' easement for public highway purposes, in addition to any right-of-way
necessary to constructthe other half of the eaisting cul-de-sac, or the proposed knuckle,
at the terminus oFDate Street.
6. Before issuance of the 151 building permit for the project, the Applicant is required to
construct street improvements along the frontage of his/her property matching e�isting
street improvements. Date Street is required to be constructed to ultimate City of Chula
Vista design conditions ro the satisfaction of the City Engineer.
7. Prior to building permit approval for each lot, the Applicant shall pay the appropriate
park obligations fee for new single family homes per Chula Vista Municipal Code
(CVMC) Chapter 17.10.
Fire Department:
8. Fire Hydrants shall be located no greater than 500 feet apart (for single family
residences)
9. The Applicant shall maintain a minimum 20 feet access driveway.
10. Grades for any access roadway shall be restricted to the following
• Asphalt < 11%
• Concrete => 11%
The following on-goiog conditions shall apply to the Project Site as long as it relies on this
approval:
11. Approval of this request shall not waive compliance with any sections of the CVMC, and
any other applicable Cit}� Ordinances in effect at the time of building permit issuance.
12. The Propert}- O�mer 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,
induding court costs and attomey's fees (collectively, liabilities) incurred by the City
arising, directly or indirectly, from (a) City's approval of this tentative map and (b) City's
approval or issuance of any other permit or action, whether discretionazy or non-
discretionary, in connection w�ith the use contemplated on the Project Site. The Property
Owner and Applicant shall acl:nowledge their agreement to this provision by e�ecuting a
copy of this Resolution where indicated below. The Property Owners 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.
Resolution No. 2014-2»
Pase I�'o. 7
13. All of the terms. covenants and conditions contained herein shall be bindine upon and
inure to the benefit of the heirs. successors, assiens and representati��es of the Developer
as to an}� or all of the Propem�. �
14. The Applicant shall comph� u�ith all requirements and guidelines of the Cih� of Chula
\'ista General Plan; the Cih�`s Groti�th ?�9anaeement Ordinance; Chula Vista Landscape
ManuaL Chula DesiQn Plan and the Non-Rene���able Enerey Consen�ation Plan as
amended from time to time, unless specificall�� modified b}� the appropriate department
head; ��th the approval of the City I�4anaeec These plans ma}� be subject to minor
, modifications b�� the appropriate department head, ���ith the approval of the Cit�� A4anager,
howe��er, any material modifications shall be subject to approval b�� the Cit�� Council.
1�. If an�� of the terms. co��enants or conditions contained herein shall fail to occur or if the��
are, by their terms, to be implemented and maintained o��er time, if any of such
conditions fail to be so implemented and maintained accordine to their terms, the Ciri�
shall have the rieht to revoke or modifp all appro��als herein granted indudin� issuance of
building permits, deny, or further condition the subsequent appro��als that are dem�ed
from the approvals herein granted; institute and prosecute litigation to compel their
compliance ��ith said conditions; and/or seek damaees for their violation. The applicant
shall be notified ]0 da}�s in advance prior to any of the abo��e actions being tal:en by the
Cin�and shall be given the opportunit}� to remedy any deficiencies identified by the Cit��.
V. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property O���ner and Applicant shall ezecute this document sienine on the lines
provided belo���. indicating that the Property Owner and Applicant ha��e each read;
understood and agreed to the conditions contained herein; and will implement same. Upon
execution, this document shall be recorded �i�ith the Count�� Recorder of the Counn� of San
Diego, at the sole ezpense of the Property O�mer and/or Applicant; and a siened, stamped
copy returned to the City's De��elopment Services Department. Failure to return the signed
and stamped copy of this recorded document within ]0 da��s of recordation shall indicate
the Propem� OwmedApplicant's desire that the project; and the corresponding application
for building permits and/or a business license, be held in abe��ance �vithout approval.
Signature of Propem� O�timer Date
/- l y - lS
Napole n Z vas
Si=nature of Applicant Date
/ - / `/ - � S
apoleon zerv
Resolution No. 2014-2>j
Page No. 8
Vl. 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 ]8.12 and the requirements of the Zoning Ordinance.
Vll. INVALIDITY: AUTOMATIC REVOCATION
]t 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 City Council of the City of Chula Vista does
hereby approve Tentative Subdivision Map (PCS-13-01), subject to conditions listed above for
the subdivision of a .98 acre site into five (5) single-family lots for individual ownership at 386
Date Street.
Presented b Approved as to form by
> %
Kelly . roug ton, FASLA len R. G ogins
Director of Development Services Ci Eto ey
Resolution \io. 2014-2>j
Page No. 9
PASSED. APPROVED, and ADOPTED b�� the Ciri� Council of the Cin� of Chula Vista.
Califomia. this 16th da�� of December 2014 b�� the folloti•ine �ote:
AYES: Councilmembers: Aeuilaz. Bensoussan. McCann and Salas
NAYS: Councilmembers: I�rone
ABSEI�1T: Councilmembers: None
� ��
Man� S . A4avor
ATTEST:
�� �
Donna R. I�'orris. CMC. Cit�� Clerk
STATE OF CALIFORI�'IA )
COUI�'TY OF SAN DIEGO )
CITY OF CHLJLA VISTA )
I. Donna R. Norris. Cirv Clerk of Chula Vista. Califomia. do herebv certifi- that the foreaoine
Resolution No. 2014-2» �ti�as duly passed, appro��ed, and adopted by the Cih� Council at a
regulaz meeting of the Chula Vista City Council held on the 16th da�� of December 2014.
Executed this 16th da�� of December 2014.
� ,(.�:-
Donna R. Noms. CMC. Citv Clerk
Resolution No. 2014-25�
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CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT
LOCATOR o.rsor_c� aeaevoescxrrion i �
n^ac.nur. IoenaProjectManagement,LLC TENTATIVE MAP I �
� vao:ECr Pro ed Su.mm � .
eooaess 366 Dale St 1 ery' 386 Date Sl ienta�ive Map lor(5)single(amiiy d�.velfin�s on j
98 acres in Ne R7-SP zone �
SC/.LE' FlIErvUMBER:
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NORTH NoScale PCS-73-01 Rdatedwsesl5- �
13 003
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Attachme�Y 1 ;