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HomeMy WebLinkAboutDRC 2012-17Please complete this Informallom RECORDING REQUESTED BY: AND WHEN RECORDED MAIL T0: CREEKSIDE VISTA, LLC 1450 FRAZEE ROAD, #303 SAN DIEGO, CA 92108 DOC# 2014- 0557171 Il�lllllllllllllgll[ 1111111IN1111111�IIdlllllldll1111 [11[11111 Dec 18, 2014 11;10 AM OFFICIAL RECORDS Emest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $24.00 Space above this line, reserved for Recorder's Use Only Govt. Code 27361.6 DQG to-tl PLANNING COMMSSION RESOLUTION NO,'PC5 -X1 17 / DESIGN REVIEW (Please fill in document title(s) on this line) Govt. Code 27324 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION GovL Code 27361.6 (Additional recording fee applies) PLANNING COMMISSION RESOLUTION NO. DRC -12 -17 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA APPROVING DESIGN REVIEW PERMIT DRC- 12 -17, SUBJECT TO THE CONDITIONS CONTAINED HEREIN, FOR THE CREEKSIDE POINT PROJECT IN THE CENTRAL COMMERCIAL ZONE CONSISTING OF 115 RESIDENTIAL UNITS, 4 LIVE/WORK UNITS, AND ONE COMMERCIAL UNIT ON APPROXIMATELY 5.5 ACRES LOCATED AT 914 -944 THIRD AVENUE 1. 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 r of general description consists of 5.53 acres located at 912, 930, 942 and 944 Third Avenue, as identified in County Assessor Records as Assessor's Parcel Numbers (APN) 619- 010 -04- 00, 619- 010- 38 -00, 619 -010- 42 -00, and 619- 010 -56 -00 (the "Project Site'); and WHEREAS, on December 12, 2012 duly verified applications requesting approval of a Tentative Subdivision Map'`(PCS- 12 -07, Chula Vista Tract No. 12 -07), Design Review (DRC- 12 -17), and Preliminary Environmental Review (PER- 12 -003), were filed with the City of Chula Vista Development Services Department by Creekside Vistas, LLC ( "Applicant" and "Owner "); and WHEREAS, said Applicant requests approval of Design Review Permit DRC -12 -17 to construct a mixed use project on a 5.53 acre site, including 115 multi - family residential units, 4 live /work units, 1 commercial unit, and one common recreational building, 224 garage, carport and open parking spaces, and 1.94 acres of active and passive open space uses (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 properly owners and residents within 500 feet of the exterior boundaries of the subject 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 of the City of Chula Vista on November 20, 2013 in the Human Resources Training Room # 1 I1 & 112, Building C, Chula Vista Civic Center, 276 Fourth Avenue, at 6:00 p.m. to hear public testimony and staffs' presentation; the Planning Commission reviewed and considered the Addendum to Mitigated Negative Declaration (IS- 06 -008) and associated Mitigation Monitoring and Reporting Program, and the application for Design Review Permit DRC- 12 -17; and WHEREAS, on November 20, 2013 the Chula Vista Planning Commission in the exercise of its independent judgment, as set forth in the record of its proceedings adopted the Addendum to Mitigated Negative Declaration (18-06 -008) and associated Mitigation Resolution DRC12.17 November 20, 2013 Page 2 Monitoring and Reporting Program, and approved Tentative Subdivision Map (PCs- 12 -07, Chula Vista Tract No. 12 -07), for the subject project; and WHEREAS, the Planning Commission of the City of Chula Vista after considering all evidence and testimony presented voted 6 -0 -0 -1 to approve Design Review Permit DRC -12- 17, based on the findings and in accordance with the conditions of approval contained herein. 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. CONFORMANCE WITH CITY DESIGN MANUAL That Design Review Permit DRC -02 -017 is in conformance with the City of Chula Vista Design Manual and Landscape Manual. 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 Design Review Permit DRC -12 -17 consisting of the approved Site Plans, Floor Plans, Building Elevations, Roof Plans, and Concept Landscape Plans dated. III. SPECIAL CONDITIONS OF APPROVAL A. The conditions herein imposed on the Design Review Permit approval herein are approximately proportional both to the nature and extent of impact created by the proposed Project. Unless otherwise specified,_ all conditions, an " - odc. 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 first Building Permit, unless otherwise specified: GENERAUDEVELOPMENT SERVICES 1. The Applicant shall obtain approval of Tentative Subdivision Map CVT -12 -07 (PCS -12- 07) and a Final Subdivision Map for the Project prior to approval of building permits in reliance on this Design Review Permit approval. 2. The Applicant shall implement, to the satisfaction of the Director of Development Services and the City Engineer, the mitigation measures identified in the Addendum to Mitigated Negative Declaration IS -06 -008 and associated Mitigation Monitoring and Reporting Program (MMRP) for the Project, as amended herein, within the timeframe specified in the MMRP. 3. The .Applicant shall pay in full any unpaid balance for the Project, including Deposit Account No. DQ1711. 4, Prior to issuance of the first Building Permit for the Project, the Applicant shall comply with applicable provisions of Chula Vista Municipal Code (CVMC) Chapter 8.24 - Solid Waste and Litter, and Chapter 8,25 — Recycling, related to mixed- use /multi - family residential development projects, to the satisfaction of the Department of Public Works, Resolution DRC12 -17 November 20, 2013 Page 3 Environmental Services Division. These requirements include, but are not limited to the following; a. The Applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the Project. b. The Applicant shall design the proposed trash enclosure(s) to comply with the Recycling and Solid Waste standards for central collection bin services. e. 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. No construction shall be permitted in the 100 -year floodway 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 discretionary approval. Landscape Plans shall be prepared by a registered Landscape Architect and shall be consistent with the approved Concept Landscape Plan. The detailed landscape plan shall also provide the following: a. Provide an additional trail connection from the proposed recreational open space trail in the open space lot to the northerly portions of the open space lot to allow access and usability of the open space. The trail must be designed so that it does not cross the boundaries of the proposed bio- retention basin or the 100 -year floodway. b. Provide an enhanced landscape planter and landscaping at the southerly end of the parking lot along Third Avenue such as a raised, curvilinear planter bed constructed with decorative materials, or similar. c. The plans shall include a detailed drawing of the commercial /live -work entry plaza along Third Avenue. 7. Driveways shall be designed to be a minimum of 24 ft. wide for two -way driveways and 20 feet for fire -lanes. A minimum backing distance of 24 fl, is required for parking areas. 8. A lighting plan shall be provided with the Building Permit submittal showing that lighting of all parking lots, pedestrian walkways, recreational areas, building entries and other public areas have been provided, including the addition of one light pole or fixture at the northerly driveway intersection, to the satisfaction of the Development Services Director, 9. Applicant shall submit a revised Site Plan with the Building Permit plans showing that the carport along the intersection of the northerly driveway and Third Avenue has been removed. Resolution DRC12 -17 November 20, 2013 Page 4 10. The design of the carports shall be enhanced by providing additional architectural detail of the wood fascia. 11. The Applicant shall reserve four of the parking spaces located adjacent to the commercial space for use of its customers during business hours. These spaces shall be marked by appropriate signage. A note to this effect shall be shown on the Site Plan to be submitted to the City as part of the building permit application. BUILDING DIVISION 12. The Applicant shall submit and obtain approval of Building Permit(s) 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 EIectrical Code, California Fire Code, 2010 California Green Building Standards per CVMC 15.12, 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. 13. Applicant shall provide a Building Code Data Legend on the title (first) sheet of the Building Plans. Include the following code information for each building or space proposed: a. Occupancy Group classification, CBC Ch. 3. b. Type of Construction, CBC Ch. 6 c. Type of Fire Sprinklered per CBC Ch. 9. (Full 13, 13R, 13D, not sprinklered) d. Proposed and allowable Floor area, CBC Table 503 e. Proposed and allowable Number of Stories f. Proposed and allowable Building Height CBC 502.1 g. Provide calculation for Area and height increases h. Mixed use Area Calculation for multiple occupancies 14. Applicant shall provide a Site Plan with the Building Permit including dimensions of distances from building to all property lines, street centerlines, and adjacent existing or proposed structures on the Project Site. 15. Exterior walls shall have a fire- resistance rating per CBC T -601 & T -602. Exterior wall openings are limited and shall have fire protection rating per CBC Ch. 7 16. When buildings contain more than one occupancy group the building or portion thereof shall comply with CBC Sections 5083.1, 508.3.2, 508.3.3, or any combination of these sections. Resolution DRC12 -17 November 20, 2013 Page 5 17. Building Plans shall comply with requirements for Disabled Access, including but not limited to: a. All common buildings and areas; b. Provide handicapped accessible units on the first floor, including livelwork units; c. Clarify if parking is assigned or unassigned. LAND DEVELOPMENT DIVISION: 18. The following fees are 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) 19. Applicant shall pay Park Acquisition and Development (PAD) Fees per dwelling unit as 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 $7,495 for each Multi - 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 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 WT,905(ff9-@ $7,495 7unit). 20. The trash enclosure area(s) shall be covered with a solid roof or awning to avoid contamination of runoff. The Project 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 prea(s) shall be shown on the plans. 21. 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. 22. Prior to Final Map approval, the Applicant shall obtain approval of street addresses to the satisfaction of the Director of Development Services. 23. Applicant shall submit a detailed wall/fencing plan showing that all Project walls and fences comply with applicable City of Chula Vista Design Manual and CVMC requirements. The plan shall indicate color, materials, height and location of freestanding walls and fences and be submitted 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 and landscaping, adjacent grading, landscaping, and sidewalk improvements, and the location of adjacent structures. Materials and color used shall be compatible with the building architecture. Fences and walls facing common areas, or located in exterior side -yards or Resolution DRC 12 -17 November 20, 2013 Page 6 in front yards facing public streets and sidewalks shall be constructed of decorative materials, 24. Prior to issuance of a Building Permit for any proposed use of the commercial or live - work suites, other than a live /work office or residential use, Applicant shall provide a noise impact analysis or other evidence prepared by a qualified acoustical consultant, showing that these suites will be designed to minimize noise impacts to adjacent residential uses, and will comply with CVMC Chapter 19.68, Performance Standards and Noise Control, including interior and exterior noise thresholds, to the satisfaction of the Director of Development Services. 25. Prior to approval of the first Building Permit for the project, the Applicant shall submit a noise report to the Director of Development Services, or designee, demonstrating that interior noise levels for the Project comply with CVMC 19.68.040, Interior Noise Limits. The noise report shall demonstrate that interior noise levels would be less than 45 dBA CNEL inside the habitable rooms of the dwelling units, and if interior noise levels exceed this level, the report shall identify additional measures necessary to ensure compliance. Notwithstanding the foregoing, to ensure that compliance with the 45 dBA CNEL interior noise level will be achieved, the design of the dwelling units must include a mechanical ventilation system in accordance with latest California Building Code to allow the windows of the dwelling unit to remain closed for extended intervals of time, to the satisfaction of the City Building Official. 26: Applicant shall obtairr appravaf of z srgrr pemir- pti-ct - tty construction of any proposed signage. FIRE DEPARTMENT: 27. A Fire Control Rooms shall be provided in accordance with Chula Vista Fire Department (CVFD) standards. 28. This project shall provide a fire now of 3,750 gallons per minute for a 3 -hour duration (at 20 psi). 29. At time of Building Permit submittal, Applicant shall provide a water flow letter from the applicable water agency having jurisdiction indicating that the above mentioned fire flow is available to serve the Project. 30. Illuminated Directory shall be provided for complexes. Location, size and designs of directory sign must be in accordance with Chapter 19.60 (signs) of the CVMC and the City Design Guidelines 31. The building(s) shall be addressed in accordance with the following .criteria: a. 0 - 50 ft. from the building to the face of the curb= 6- inches in height with a ]- inch stroke; Resolution DRC12.17 November 20, 2013 Page 7 b. 51 -150 ft. from the building to the face of the curb =10- inches in height with a 1- 12 inch stroke; c. 151 ft, or more from the building to the face of the curb = 16- inches in height with a 2 -inch stroke. 32. Fire Hydrants shall be located along fire apparatus access roads and be spaced in accordance with California Fire Code Appendix C. 33. Fire apparatus access roads shall be provided for every facility or building and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building. 34. Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. 35. Fire apparatus access road dimensions shall be a minimum of 20 feet in width and have an unobstructed vertical clearance of 13 feet 6 inches. This should be taken into consideration when selecting and locating trees adjacent to fire lanes. 36. Fire apparatus access roads shall be marked as Fire Lanes in accordance with CVFD standards. IV. 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. V. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property owner and the Applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and Applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County 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 Resolution DRC12 -17 November 20, 2013 Page 8 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 A u4v sry r� ieie�� � VI. CONSEQUENCE OF FAILURE OF CONDITION; 0--Vo f) A 4 Date (-)3 (-)5 Z ( A- . Date 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. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission 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 Design Review Permit (DRC- 12 -17) for 115 residential units, 4 live /work units, and one commercial unit for individual ownership located at 914 -944 Third Avenue subject to the conditions of approval contained herein. Resolution DRC12 -17 November 20, 2013 Page 9 Presented by: Approved as to form by: ,, . Kelly Ughton ten . Googi s Director of Development Services ity Att rney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA this 20rh day of November, 2013, by the following vote: AYES: Calvo, Fragomeno, Livag, Nava, Vinson, Chair Moctezuma NAYES: n/a ABSENT: n/a ABSTAIN: Anaya �� a Moctezum air ATTEST: r S� Patricia Laughlin Secretary to the Planning Commission Order No.: 12201669- 996 -U50 LEGAL DESCRIPTION hxH 1817 ,A THOSE PORTIONS OF LOTS 18, 23, 25 AND 26 OF QUARTER SECTION 140 OF CHULA VISTA, IN THE COUN'T'Y OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF N0, 505, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 13, 1888, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF "L" STREET (FORMERLY 4TH STREET) WITH THE CENTER LINE OF 3RD AVENUE AS SHOWN ON SAID MAP NO. 505; THENCE SOUTHERLY ALONG THE CENTER LINE OF SAID 3RD AVENUE, A DISTANCE OF 82.45 FEET TO THE CENTER LINE OF TELEGRAPH CANYON CREEK AS DESCRIBED IN DEED TO HARMAN WALTER TERRY, ET UX, RECORDED AUGUST 12, 1947 IN BOOK 2206, PAGE 343 OF OFFICIAL RECORDS; THENCE ALONG SAID CENTER LINE SOUTH 76 DEGREES 51'00" WEST TO THE EASTERLY LINE OF SAID LOT 18, BEING THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO SOCONY MOBIL OIL COMPANY, INC., RECORDED MARCH 7, 1962 AS INSTRUMENT NO. 38461; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 18 A DISTANCE OF 101.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID SOCONY MOBIL OIL COMPANY'S LAND; THENCE CONTINUING SOUTHERLY ALONG SAID EASTERLY LINE A DISTANCE OF 79.19 FEET TO THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO DON L. CAMPBELL, ET UX, RECORDED SEPTEMBER 22, 1965 AS INSTRUMENT NO. 172086 AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE BOUNDARY OF SAID CAMPBELL'S LAND AS FOLLOWS: SOUTH 71 DEGREES 40'00" WEST 200.00 FEET; AND NORTH 18 DEGREES 20'00" WEST 79.19 FEET TO A LINE DRAWN WESTERLY AT RIGHT ANGLES TO THE EASTERLY LINE OF SAID LOT 18 FROM THE SOUTHEASTERLY CORNER OF SAID SOCONY MOBIL OIL COMPANY'S LAND; THENCE ALONG THE PROLONGATION OF THE SOUTHERLY LINE OF SAID SOCONY MOBIL OIL COMPANY'S LAND NORTH 71 DEGREES 40'00" EAST, 50.00 FEET TO THE WESTERLY LINE OF THE EASTERLY 150,00 FEET OF SAID LOT 18; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE NORTHERLY LINE OF SAID TAT 18; THENCE WESTERLY ALONG SAID NORTHERLY LINE TO THE WESTERLY LINE OF THE EASTERLY 165.00 FEET OF SAID LOT 18; THENCE SOUTHERLY ALONG SAID WESTERLY LINE TO THE CENTER LINE OF SAID TELEGRAPH CANYON CREEK BEING A POINT ON THE ARC OF A 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, THENCE ALONG SAID CENTER LINE, BEING ALONG THE SOUTHEASTERLY BOUNDARY OF SAID TERRY'S LAND, AS FOLLOWS; SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE END OF SAID CURVE, TANGENT TO SAID CURVE SOUTH 09 DEGREES 57'00" WEST, 400.80 FEET; AND SOUTHWESTERLY ALONG THE ARC OF A TANGENT 350.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, TO THE WESTERLY BOUNDARY OF LAND DESCRIBED IN DEED TO J. MILLARD WYANT, ET AL, RECORDED MAY 3, 1946 IN BOOK 2124, PAGE 88 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY BOUNDARY OF SAID WYANT'S LAND AS FOLLOWS: SOUTH 19 DEGREES 00'00" EAST, APPROXIMATELY 30.00 FEET TO AN ANGLE POINT THEREIN; AND SOUTH 30 DEGREES 53'30" WEST, 160.40 FEET TO THE MOST WESTERLY CORNER OF SAID WYANTS LAND; THENCE ALONG THE SOUTHERLY AND SOUTHEASTERLY BOUNDARY OF SAID WYANT'S LAND AS FOLLOWS: SOUTHEASTERLY ALONG THE ARC OF A 282.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY A DISTANCE OF 48.10 FEET TO THE NORTHWESTERLY TERMINUS OF A REVERSE 190.58 FOOT RADIUS CURVE THEREIN; EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 78 DEGREES 57'30" A DISTANCE OF 259.27 FEET; TANGENT TO SAID CURVE NORTH 30 DEGREES 53'30" EAST 4895 FEET TO TIIE BEGINNING OF A TANGENT 700.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; AND NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE: OF 36 DEGREES 5350" A DISTANCE OF, 450.70 FEET TO THE EASTERLY LINE OF SAID LOT 23; THENCE NORTHERLY ALONG THE EASTERLY LINE OF CLTA Preliminary Rcpnrt Form - ModiFied (11- 17 -06) Page 3 Order No.: 12201669- 996 -U50 LEGAL DESCRPTION (continued) SAID LOTS 23 AND 18 A DISTANCE OF APPROXIMATELY 400.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: TITAT PORTION OF LOT 25 OF QUARTER SECTION 140 OF CHULA VISTA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 505 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 13, 1888, INCLUDED IN THAT LAND DESCRIBED IN DEED TO ANNE COLLINS, ET UX, RECORDED DECEMBER 31, 1979, AS INSTRUMENT NO. 79- 544146 OF OFFICIAL RECORDS IN SAID COUNTY RECORDER'S OFFICE, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINES OF FOURTH AVENUE AND MOSS STREET AS SHOWN ON MCMILLIN TRACT ACCORDING TO MAP THEREOF NO. 5626 FILED IN SAID RECORDER'S OFFICE; THENCE NORTH 17 DEGREES 53'57" WEST (NORTH 18 DEGREES 2744" WEST PER SAID MAP NO. 5656), 670.63 FEET TO A POINT ON A NON TANGENT 876.98 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 04 DEGREES 5978" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00 DEGREE 56'49 ", A DISTANCE OF 14,49 FEET; THENCE TANGENT TO SAID CURVE NORTH 85 DEGREES 57'21" EAST 600.51 FEET; THENCE SOUTH 04 DEGREES 02'39" EAST, 3.31 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 04 DEGREES 02'39" EAST, 54.25 FEET TO A POINT ON THE ARC OF A NON- TANGENT, 282.00 FOOT RADIUS CURVE, CONCAVE: SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 16 DEGREES 53'48" EAST; THENCE WESTERLY ALONG THE ARC OF SAID, CURVE, BEING ALSO THE SOUTHERLY BOUNDARY LINE OF SAID COLLINS LAND, THROUGH A CINTRAL ANGLE OF 06 DEGREES 50'35 ", A DISTANCE OF 33.68 FEET; THENCE LEAVING SAID CURVE AND ALONG THE NORTHEASTERLY BOUNDARY LINE OF SAID COLLINS LAND NORTH 31 DEGREES 59'33" EAST, 54.56 FEET TO THE TRUE POINT OF BEGINNING. APN: 619 -010- 04 -00, 619 - 010- 38 -00, 619 - 01042 -00 and 619- 010 -56 -00 END OF LEGAL DESCRIPTION CLTA Preliminary Pepon Form - Modificd(I1 -17 -W) Page 4