HomeMy WebLinkAboutItem 2 - Attachment 2 - Draft PC Reso PCS 14-02Attachment 3
PLANNING COMMISSION RESOLUTION NO. PCS -14 -02
RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CHULA VISTA APPROVING A
TENTATIVE MAP (PCS- 14 -02) TO COMBINE TWO
LEGAL LOTS INTO ONE CONDOMINIUM LOT FOR 42
MULTI - FAMILY RESIDENTIAL UNITS, FOR
INDIVIDUAL OWNERSHIP AT 1350 INDUSTRIAL
BOULEVARD, SUBJECT TO THE CONDITIONS
CONTAINED HEREIN
I. RECITALS
WHEREAS, the parcel of land that 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 2.67 acres located at 1350 Industrial Boulevard, as identified
in County Assessor Records as Assessor's Parcel Numbers (APN) 622 - 071 -14 -00 (the
"Project Site "); and
WHEREAS, on August 27, 2014 a duly verified application requesting approval of a
Tentative Subdivision Map (PCS- 14 -02, Chula Vista Tract No. 14 -02), Design Review
(DRC- 14 -10), and Preliminary Environmental Review (PER -14 -004), were filed with the
City of Chula Vista Development Services Department by California Recover Fund, LLC
( "Applicant" and "Owner "); and
WHEREAS, said Applicant requests approval of a Tentative Map to subdivide 2.67 acres
into a one -lot Condominium Subdivision for the construction of 42 multi - family residential
units with 2 car garages, 6 guest parking spaces, and 0.79 acres of open space, including a
0.32 acre private recreational facility and a 0.47 acre passive open space lot containing
wetlands (the "Project ") on said Project Site; and
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 duly called and noticed public hearing on the Project was held before the
Planning Commission on May 13, 2015 in the Council Chambers, 276 Fourth Avenue, at
6:00 p.m. to hear public testimony and staffs' presentation; the Planning Commission
reviewed and considered the application for the Tentative Map (PCS- 14 -02) and Design
Review (DRC- 14 -10).
NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of
Chula Vista that it does hereby find and determine as follows:
II. ENVIRONMENTAL REVIEW
That the Chula Vista Planning Commission, in the exercise of its independent judgment,
as set forth in the record of its proceedings, considered the Preliminary Environmental
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Review of the Project conducted by the Director of Development Services for compliance
with the California Environmental Quality Act (CEQA), and has determined that the
Project was covered previously in the Palomar Gateway District Specific Plan Program
EIR (PEIR) 10 -05, adopted August 2013. As required by the PEIR, staff has prepared a
Secondary Study. Based on the environmental analysis contained within the Secondary
Study, the proposed action will not have any significant effect on the environment other
than as identified in the PEIR, and there is no additional information or data available
regarding environmental impacts identified in the PEIR. Therefore, a negative
declaration, subsequent environmental impact report, supplement to environmental
impact report, or an addendum to environmental impact report will not be prepared.
III. WAIVER OF PUBLIC FACILITIES FINANCING PLAN
That pursuant to Chula Vista Municipal Code (CVMC) 19.09.050 and 19.14.050, the
Planning Commission 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 are no public service, facility or
phasing needs that warrant the preparation of a Public Facilities Financing Plan.
IV. TENTATIVE SUBDIVISION MAP FINDINGS
A. That pursuant to Government Code Section 66473.5, the Planning Commission hereby
finds that the Tentative Subdivision Map, as conditioned herein for the 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 for the Project Site is Residential —High (RH),
which permits residential densities ranging from 18 -27 dwelling units per acre.
According to the General Plan, density at the parcel level is regulated by the Specific
Plan or Zoning of the site. The Project Site is designated Palomar Residential Village
(PRV) by the Palomar Gateway Specific Plan, which permits densities consistent with
the R -3 Apartment Residential zone. The Project would provide a residential
development of 42 multi— family residential units at a gross density of 15 dwelling
units per acre, which is within the allowable density and permitted number of
dwelling units by the Palomar Gateway Specific Plan.
The Project has direct frontage on Industrial Avenue, which is designated as a 2 -lane
Class II Collector Street in the General Plan. This street 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.
The improvements to Industrial Boulevard include a bike lane and non - contiguous
sidewalk and landscape parkway that will provide opportunity for use of alternative
modes of travel such as walking, bicycle use and convenient access to the Palomar
Transit station located across Industrial Boulevard from the Project Site. Projects
proposed for the western Chula Vista area are also required to pay the Western
Transportation Development Impact Fee prior to building permit issuance, to pay
their share of costs associated with future road construction in the area.
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2. Economic Development
The Project will provide 42 new, high - quality, energy- efficient multi- family homes
that will enhance the image and appearance of the neighborhood, help revitalize the
neighborhood, and create jobs related to the construction and the use of the Project,
that will benefit the local economy. The location near the Palomar Transit Station,
and the intersection of Industrial Boulevard and Palomar Street, and the Interstate 5
freeway will provide convenient access for residents to nearby public transportation,
jobs, schools, and commercial services. The Project will provide new for -sale multi-
family housing and mixed use units in a mixed residential /commercial area that will
improve the housing mix and enhance residential opportunities in the neighborhood.
The redevelopment of vacant land will also increase the amount of property tax
revenue to the City. The Project will be constructed using green building and
landscaping features that comply with the Cal Green Building Standards, and the
City's Increased Energy Efficiency and Solar Ready Ordinances. Thus, approval of
the Project will help achieve the General Plan objectives that seek to promote a
variety 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.
3. Public Facilities and Services
The Project Site is located in the attendance area of the Harborside Elementary
School, within the boundaries of the Chula Vista Elementary School District. The
Project is also within the attendance area of Castle Park Middle School and Castle
Park 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 area. The existing sewer facility system includes an existing 15 -inch public
sewer main line located along Industrial Boulevard. New sewer laterals are proposed
to service the multi - family buildings. The Developer has reviewed the General Plan
and 2014 Wastewater Master Plan and found that the sewer system will be adequately
sized to handle projected sewer flows at build out. No adverse impacts to the City's
sewer system or City's sewer threshold standards 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 and Fire Departments have reviewed the proposed
subdivision for conformance with City policies and have determined that the proposal
meets those standards. The proposed Project would not induce significant population
growth, as it is a residential infill project and would not adversely impact existing or
proposed park and recreational facilities. The Project has been conditioned to pay
Park Acquisition and Development Fees prior to issuance of building permits.
Project construction will be required to comply with the 2013 California Green
Building Standards, the City's Green Building Standards and the City's Energy
Efficiency Ordinance, as amended in the future, and therefore energy - efficient homes
will be developed.
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4. Housing
The Project is consistent with the density prescribed within the Residential —High
(RH) General Plan designation and Palomar Residential Village (PRV) Specific Plan
land use designation, and will provide additional opportunities for high - quality,
market -rate multi - family residential home ownership in the southwestern portion of
the City. The Site is not subject to the Balanced Communities — Affordable Housing
Program of the City's Housing Element, because the project proposes 42 units, which
is less than the threshold of 50 dwelling units. The site is also located within the area
of designated census tracts defined in the Housing Element as the Area of
Low /Moderate Income Concentration where the inclusionary requirements of the
Balanced Communities— Affordable Housing Program are typically waived.
5. Growth Management
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 services, facilities, or phasing needs that warrant
the preparation of a Public Facilities Financing Plan.
6. Environmental
The Project includes 42 multi - family homes with 0.79 acres of active and passive
open space that exceeds the minimum common usable open space requirements of the
PGDSP and Zoning Ordinance. The Project Site includes 0.47 acres of disturbed
wetland habitat which will be cleaned up and re- vegetated to mitigate impacts from
widening of Industrial Boulevard, and to provide a passive open space amenity. The
Project was reviewed for compliance the California Environmental Quality Act, and a
Secondary Study was prepared, which determined that the Project is covered by the
previously adopted Palomar Gateway District Specific Plan PEIR, including the
Mitigation Monitoring and Reporting Program. Thus, no additional environmental
review is necessary. Any potential significant impacts to Air Quality, Archaeological
Resources, Biology, Geology /Soils, Paleontological Resources, Hydrology /Water
Quality, Traffic, Noise, Public Services, and Hazards and Hazardous Materials will
be mitigated upon satisfaction of the Mitigation Measures specified in the Mitigation
Monitoring and Reporting Program for the Project, which are required prior to
issuance of the final map, grading plan, or building permits for the Project. The
Development Services Director finds that the development of the site is consistent
with the goals and policies of the City's General Plan Conservation Element.
B. That pursuant to Government Code Section 66473.1, the configuration, orientation, and
topography of the Site allows for the optimum siting of buildings for natural and passive
heating and cooling opportunities, and the development of the Site will be subject to
Building Permit review pursuant to the 2013 California Building Code as amended and
updated, including Cal Green Building Standards, the City's Increased Energy Efficiency
and Solar Ready Ordinances, to ensure the maximum utilization of natural and passive
heating and cooling opportunities.
C. That pursuant to Government Code Section 66412.3, the Planning Commission has
considered the effect of this approval on the housing needs of the region and has balanced
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those needs against the public service needs of the residents of the City and the available
fiscal and environmental resources.
D. That the Site is physically suited for residential development. The Project proposes to
develop a property that was previously developed with two single - family residences, and
is located adjacent to existing Industrial Boulevard, the Palomar Transit Station, and
existing residential development. The proposed Project design and construction takes
advantage of the topographical characteristics and features of the Site to create a project
that makes full utilization of the land and locates the buildings with convenient access to
Industrial Boulevard, to on -site common recreational areas, which provides views of the
on -site biological open space lot. As conditioned, the Project conforms to all standards
established by the City for a multi - family residential development.
V. 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. 14 -02, located
at 1350 Industrial Boulevard.
VI. SPECIAL CONDITIONS OF APPROVAL
A. The conditions imposed on the Tentative Map approval herein are approximately
proportional both to the nature and extent of impact created by the proposed Project. Unless
otherwise specified, all conditions and code requirements listed below shall be fully
completed by the Applicant, Owner or Successor -in- Interest to the satisfaction of the
Development Services Director, or designee, prior to approval of the Final Map, unless
otherwise specified:
GENERAL /DEVELOPMENT SERVICES
1. The Project shall comply with the City of Chula Vista Standard 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. DQ 1795.
3. The Applicant shall implement, to the satisfaction of the Director of Development
Services and the City Engineer, the mitigation measures identified in the Palomar
Gateway District Specific Plan PEIR #10 -05 and associated Mitigation Monitoring and
Reporting Program (MMRP) for the Project, within the timeframe specified in the
MMRP.
4. Applicant shall obtain approval of street addresses to the satisfaction of the Director of
Development Services.
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5. The Applicant shall widen the driveway serving Building 1 from 20 to 24 feet, and
provide 24 feet of backing area from each garage or parking space, clear of obstructions.
6. The Applicant shall relocate the bulky -item trash pickup area from the driveway serving
Building 1 to another location approved by the Development Services Director and
Public Works Environmental Services Division.
7. The Final Map shall include separate lots or easements delineating the open space to be
maintained by the Applicant, Homeowner's Association or other entity, including active
recreational areas, slopes, landscaping, bio- retention areas, and disturbed wetland
resources, to the satisfaction of the Director of Development Services.
8. Any modification of the Project design that impacts jurisdictional waters and/or disturbed
wetland resources may require additional review for compliance with the California
Environmental Quality Act, revised permits from the U.S. Army Corps of Engineers or
California Department of Fish and Game and U.S. Department of Fish and Wildlife, and
approval of a Revised Tentative Map and /or Design Review Permit modification.
9. Prior to issuance of the first Building Permit for the Project, the applicant shall obtain
approval of Design Review Permit DRC -14 -10 and construct the project in compliance
with the approved DRC -14 -10 plans and conditions of approval.
10. Retaining walls shall not exceed 6 feet in height from the lowest point of adjacent grade
in the side and rear yard setback areas, and 3.5 feet in height in the front yard setback
areas.
11. Installation of a guardrail at the top of the stabilized earth (geogrid) retaining wall along
the northerly property line shall not be permitted.
LAND DEVELOMENT DIVISION /GENERAL COMMENTS AND FEES:
12. The following fees shall be payable prior to issuance of Building Permits, based on the
Final Building Plans submitted:
a. Sewer Connection and Capacity Fees
b. Traffic Signal Fees
c. Public Facilities Development Impact Fees (PFDIF)
d. Western Transportation Development Impact Fees (WTDIF)
Other Engineering Fees as applicable per the City's Master Fee schedule may also be
required prior to issuance of Building Permits.
13. Additional deposits or fees in accordance with the City Subdivision Manual, and Master
Fee Schedule shall be required for the submittal of the following items:
a. Grading Plans
b. Street Improvement Plans
c. Final Map
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14. Payment of the Park Acquisition and Development (PAD) Fee per dwelling unit shall be
paid 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 $10,251 for each Multi -
Family Residential dwelling. The PAD Fee is adjusted on an annual basis each October 1
based on the Engineer Construction Cost Index. The payment of the 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 $319,494 (42 @ $10,251 /unit).
ACCESS AND SITE PLAN:
The Applicant shall satisfy the following conditions prior to approval of the Grading Plan for
the Project:
15. The Proposed Fire Access Road shall meet H -20 Loading requirements or shall be
designed for a Traffic Index (T.I.) of 5.
GRADING AND DRAINAGE:
The Applicant shall satisfy the following conditions prior to approval of the Grading Plan for
the Project:
16. 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:
a. Grading Plans shall be prepared by a registered Civil Engineer and approved by
the City Engineer.
b. 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 are 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.
c. Drainage study shall also demonstrate that no property damage will occur during
the 100 -year storm event.
d. Drainage study shall show any off -site flows.
e. All onsite drainage facilities shall be private.
f. Any off -site work will require Letters of Permission from the property owner(s).
17. Retaining Walls:
a. All retaining walls shall be noted on the Grading Plans and include a detailed wall
profile.
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b. Structural wall calculations shall be submitted if walls are not built per San Diego
Regional Standard Drawings, or City of Chula Vista Construction Standards
CVCS -30 thru 40, and if fences are to be placed on top of retaining walls.
c. Retaining walls that will be part of a building wall shall be approved as part of the
Building Permit for the Project.
d. Retaining walls around trash bins shall be noted on the Grading Plans and called
out per standard.
e. Plans shall detail how retaining wall drains tie into the drainage system.
STORM WATER MANAGEMENT:
The Applicant shall satisfy the following conditions prior to approval of the Grading Plan for
the Project:
18. This Project shall comply with all requirements of the Chula Vista Development Storm
Water Manual (Storm Water Manual) for both construction and post - construction phases
of the Project. Prior to issuance of the first Building Permit, documentation shall be
provided, to the satisfaction of the City Engineer, to demonstrate such compliance.
19. Development of this Project shall comply with all requirements of State Water Resources
Control Board (SWRCB) NPDES General Permit No. CAS000002, Waste Discharge
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.
20. A complete and accurate Notice -of- Intent (NOI) shall 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.
21. Pursuant to the NPDES Municipal Permit, Order No. R9- 2013 -0001, new regulations will
come into effect on May 2015, which may impose additional requirements on
development projects that have not begun construction at that time.
22. Permanent storm water requirements, including site design, source control, treatment
control, and hydro- modification 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. Any
structural and non - structural BMP requirements that cannot be shown graphically must
be either noted or stapled on the plans.
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23. The trash enclosure area(s) shall be covered with a solid roof or awning to avoid
contamination of runoff. The Site shall be graded in such a way as to prevent run -on
into, and run -off from, the trash enclosure area. The location of the trash enclosure
area(s) shall be shown on the Grading Plans.
24. All on -site storm drain inlets and catch basins shall be provided with permanent
stenciling and signage according to City of Chula Vista Standards to prohibit illegal
discharge to the storm drain system.
25. The Applicant shall 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 Applicant shall satisfy the following conditions 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:
a. Street widening with installation of full half width street improvements on
Industrial Boulevard, including curb, gutter, sidewalk, driveway approaches, AC
paving, ADA pedestrian ramp, street lights and bike lane per Chula Vista Design
Standards. Street improvements on Industrial Boulevard require a centerline to
curb width of 40 feet to match existing improvements.
b. 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.
c. Installation of 24 foot driveway(s) meeting design standards as shown in Chula
Vista standard detail CVCS -IA. Dedication of right of way as needed in order
for driveway to comply with American Disability Act (ADA) requirements.
d. Installation of a sewer manhole per SDRSD S -2 is required at the connection of
the 8 inch sewer lateral to the main public sewer line. Call out both existing 15
inch sewer lines in Industrial Boulevard and specify which one the Project will
connect to.
e. Installation of one sewer lateral per SDRSD 5 -13.
f. Provide utilities trenching and restoration per CVCS -3 & 4.
g. Installation of a 100 -watt City standard street light per CVCS -6, 7, 9, & 11 at the
Project property line along Industrial Boulevard. The City Traffic Engineer shall
approve the street light location.
h. Sewer lateral and storm drain connections to existing public utilities. The Public
Works Operations Section shall inspect any existing sewer laterals and
connections that are to be used by the new development. Laterals and
connections may need replacement by the Applicant as a result of this inspection.
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i. Widen Industrial Boulevard with transitions to existing improvements to the
satisfaction of the City Engineer. Transitions to existing street improvements
shall include, but not be limited to monolithic curb, gutter and an 8 -foot sidewalk
per SDRSD G -3, and G -7, asphalt concrete paving, processed miscellaneous base,
drainage facilities, street trees, and asphalt pavement needed to feather into
existing pavement as required by the City Engineer. Street designs shall be in
accordance with CVD -ST -03 for a Class II Collector. The curb to centerline
distance shall be 40 feet.
j. Submit street cross - sections at 25 -foot intervals with the Improvement Plan for all
widened street segments.
k. The existing power poles on Industrial Boulevard are to be undergrounded as
required for the installation of the street improvements. Said undergrounding of
power poles shall be shown on the street improvement plans.
1. Extend bike lane from Ada Street to Belivia Lane on east and west side of
Industrial Boulevard future Improvements. The Improvement Plans shall reflect
striping plans for proposed street widening and bike lanes.
27. All utilities located within or adjacent to the subject property shall be undergrounded
pursuant to CVMC 15.32, if there is 600 feet of overhead on site. The wooden pole along
the Project frontage on Industrial Boulevard shall be undergrounded.
28. A complete set of Signing and Striping Plans shall be included with the Street
Improvements Plans for review by Traffic Engineering.
29. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be
required, as necessary.
30. Any improvements in the right -of -way beyond the Project limits shall be designed and
constructed as to not interfere with adjacent businesses, as approved by the City
Engineer.
31. The construction and completion of all improvements and release requirements shall be
secured in accordance with CVMC 18.16.220.
PRIVATE ONSITE IMPROVEMENTS:
The following conditions shall be satisfied prior to approval of the Improvement Plans for the
Project:
32. 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.
33. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be
designed to meet the City of Chula Vista Design Standards, ADA Standards, and Title 24
standards, as applicable.
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MAPPING:
34. Prior to the approval of the Improvement Plans or issuance of the first Building Permit, as
determined by the Director of Development Services, the Developer shall grant to the
City of Chula Vista a 5.5 -foot Landscape Buffer Area Easement along Industrial
Boulevard per Chula Vista Design Standards CVD -ST -03 for a Class II Collector.
35. Approval of a Final Map shall be required to create the proposed 42 units. The form and
content of the Final Map shall be in accordance with the City of Chula Vista Subdivision
Manual. The preparation of the Final Map must be under the direct supervision of a
Registered Civil Engineer. A Registered Civil Engineer stamp must be included on the
Final Map.
36. Prior to Final Map, Grading or Street Improvement Plan approval, the Owner /Applicant
shall upload copies of the Street Improvement Plan, Grading Plan, Final Map and Site
Improvement Plan in digital format such as AutoCAD DWG or DXF (AutoCAD version
2000 or above), ESRI GIS shape file, file, or personal geodatabase (ArcGIS version 9.0
or above). The files should be transmitted directly to the GIS section using the City's
digital submittal file upload website at http://www.chulavistaca.gov/goto/GIS. The data
upload site only accepts zip formatted files.
Covenants, Conditions and Restrictions
37. Prior to approval of the Final Map, the Applicant shall submit Covenants, Conditions &
Restrictions (CC &R's) to the Director of Development Services for approval by the
Director of Development Services, City Attorney and City Engineer. Said CC &R's shall
include the following:
a) Indemnification of City for private sewer spillage.
b) Listing of maintained private facilities.
C) The City's right but not the obligation to enforce the CC &R's.
d) Provision that no private facilities shall be requested to become public unless
100% of the homeowners and 100% of the first mortgage holders have signed a
written petition therefor.
e) Maintenance of all walls, fences, lighting structures, paths, recreational amenities
and structures, sewage facilities, drainage structures and landscaping.
f) Implement education and enforcement program to prevent the discharge of
pollutants from all on -site sources to the storm water conveyance system.
g) Identify if any common lots, driveways, or private facilities are proposed, or if
one sewer lateral is serving multiple units.
38. Said CC &R's shall be consistent with CVMC 18.44, and shall be recorded concurrently
with the Final Map.
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CHULA VISTA MUNICIPAL CODE REQUIREMENTS (ENGINEERING):
The following conditions shall be satisfied prior to approval of the Improvement Plans for the
Proj ect:
39. Any private facilities (if applicable) within public right -of -way or City easement will
require an Encroachment Permit prior to issuance of the first Building Permit.
40. All utilities serving the subject property and existing utilities located within or adjacent to
the subject property shall be undergrounded in accordance with the Chula Vista
Municipal Code Section. Further, all new utilities serving the subject property shall be
undergrounded prior to the issuance of Building Permits.
VII. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the
90 day period to protest the imposition of any impact fee, dedication, reservation, or other
exaction described in this resolution begins on the effective date of this resolution and any
such protest must be in a manner that complies with Section 66020(a) and failure to follow
timely this procedure will bar any subsequent legal action to attack, set aside, void or annual
imposition. The right to protest the fees, dedications, reservations, or other exactions does
not apply to planning, zoning, grading, or other similar application processing fees or service
fees in connection with the project; and it does not apply to any fees, dedication, reservations,
or other exactions which have been given notice similar to this, nor does it revive challenges
to any fees for which the Statute of Limitations has previously expired.
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 Document No.
Signature of Applicant
Signature of Property Owner
Date
Date
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IX. 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. 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.
BE IT FURTHER RESOLVED that the City of Chula Vista Planning Commission does
hereby approve the subject Tentative Subdivision Map (Chula Vista Tract No. 14 -02) to
combine multiple parcels into one for 42 residential units for individual ownership located at
1350 Industrial Avenue, subject to the conditions of approval contained herein.
Presented by:
Kelly Broughton
Director of Development Services
Approved as to form by:
Glen R. Googins
City Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 13th day of May 2015, by the following vote, to -wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yolanda Calvo, Chair
ATTEST:
Patricia Laughlin, Secretary
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PALOMAR ST
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CT
PCS -1402
1350 Industrial Blvd. APN:6220711400 EXHIBIT A