HomeMy WebLinkAboutPCS 2012-07• Pleast complete this Inforinadem
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
CREEKSIDE VISTA, LLC
1450 FRAZEE ROAD, #303
SAN DIEGO, CA 92108
DOC# 2014 - 0557172
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Dec 18, 2014 11 :10 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $32.00
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Govt. Code 27361.6
PLANNING COMMSSION RESOLUTION NO. PCS -12-07 / TENTATIVE MAP
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Govt. Code 27324
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
Govt. Code 27361.6
(Additional recording fee applies)
PLANNING COMMISSION RESOLUTION NO. PCS -12 -07
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA CONSIDERING THE ADDENDUM
TO MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING AND REPORTING PROGRAM
IS -06 -008 AND APPROVING A TENTATIVE MAP TO
COMBINE FOUR PARCELS INTO ONE CONDOMINIUM
LOT FOR 115 RESIDENTIAL UNITS, 4 LIVE/WORK UNITS,
AND ONE COMMERCIAL UNIT FOR INDIVIDUAL
OWNERSHIP ON 914 -944 THIRD AVENUE, SUBJECT TO
THE CONDITIONS CONTAINED REREIN FOR THE
CREEKSIDE POINT 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 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 - 01042 -00, and 619 - 01056 -00 (the "Project Site "); and
WHEREAS, on November 16, 2006 the Chula Vista City Council adopted the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program IS -06 -008 for a
project formerly known as Creekside Vistas for this Project Site, whose previously approved
development entitlements have subsequently expired and arernor longer valid; and
WHEREAS, on December 12, 2012 a 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 a Tentative Map to subdivide 5.53 acres
into a one -lot Condominium Subdivision, including 115. multi - family residential units, 4
mixed -use (residcntial /commercial) units, 1 commercial unit, 1 recreation building, 224
parking spaces and 1.94 acres of open space uses (the "Project ") on said Project Site; and
WHEREAS, the Director of Development Services has reviewed the proposed Project for
compliance with the California Environmental Quality Act (CEQA) and has determined that
the Project was covered previously in adopted Mitigated Negative Declaration IS -06 -008.
The Development Services Director has determined that only minor technical changes or
additions to this document are necessary and that none of the conditions described in Section
15162 of the State CEQA Guidelines calling for the preparation of subsequent documents
have occurred; therefore, the Development Services Director has prepared an Addendum to
Mitigated Negative Declaration IS -06 -008; and
Resolution PCS -12 -07
Novrmber20, 2013
Page 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 duly called and noticed public heating on the Project was held before the
Planning Commission on November 20, 2013 in the Human Resources Training Room B-
I I 1 and B -112 in Building C, 276 Fourth Avenue, at 6:00 p.m. to hear public testimony and
staffs' presentation; the PIanning Commission reviewed and considered the Addendum to
Mitigated Negative Declaration (IS -06 -008) and associated Mitigation Monitoring and
Reporting Program, and the application for the Tentative Map (PCS- 12 -07); and
WHEREAS, the Planning Commission of the City of Chula Vista after considering all
evidence and testimony presented voted 6 -0 -0 -1 (Calvo abstained) to adopt the Addendum to
Mitigated Negative Declaration (IS -06 -008) and associated Mitigation Monitoring and
Reporting Program, and to approve the Tentative Map (PCS- 12 -07), 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:
11. ENVIRONMENTAL REVIEW
That, in the exercise of their independent review and judgment, the Addendum to
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS-
06 -008, in the form presented, has been prepared in accordance with requirements of the
California Environmental Quality Act and the Environmental. Review Procedures of the
City of Chula Vista and does hereby adopt the Addendum to Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program IS -06 -008,
III. WAIVER OF PUBLIC FACILITIES FINANCING PLAN
That pursuant to Chula Vista Municipal Code (CVMC) 19.09.050, 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 is MUR and the Project would provide a
mixed use development of 115 multi— family residential units, 4 mixed -use live /work
Resolution PCS -12-07
November 20, 2013
Page 3
units, and one 755 square -foot commercial unit, at a density of 21.7 dwelling units
per acre, which is within the allowable density and permitted number of dwelling
units.
The Project has direct frontage on Third Avenue, which is designated as a 4 -lane
Class 1 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.
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.
2. Economic Development
The Project will provide 119 new, high - quality, energy - efficient multi - family homes
that will enhance the image and appearance of the neighborhood, help revitalize the
commercial businesses in the area, and create jobs related to the construction and the
use of the project, that will benefit the local economy. The location near the
intersection of Third and L Street 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 commercial area
that will improve the housing mix and enhance residential and commercial
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 Rice Elementary School,
within the boundaries of the Chula Vista Elementary School District. The Project is
also within the attendance area of Chula Vista Middle School and Chula Vista 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 8 -inch public
sewer main line located along the southwest property line of the Site. New sewer
laterals are proposed to service the four multi - family buildings and the community
building. 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
Resolution PCS -12 -07
November 20, 2013
Page 4
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 2010 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.
4. liousin
The Project is consistent with the density prescribed within the MUR General Plan
designation and CC/Mixed Use zoning, 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 subject to the Balanced Communities —
Affordable Housing Program of the City's Housing Element. For all new residential
projects consisting of 50 or more du's, 10% of the units shall be affordable to low and
moderate income households, with 5% for lower income and 5% for moderate
income. In September 2012, the City adopted implementation guidelines which
include provisions that a waiver of the inclusionary requirement can be granted within
the designated census tracts defined as the "Area of Low/Moderate Income
Concentration." Because the Project site falls within the area of Low/Moderate Income
Concentration, staff recommends that the inclusionary requirement of the Balanced
Communities — Affordable Housing Program be waived for this Project.
5 Gres nkManagement
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 multi- family homes with active and passive open space that
exceeds the minimum common usable open space requirements of the CC/Mixed Use
zoning. The Project Site is located adjacent to Telegraph Canyon Creek, and the _100-
year floodplain lies along the western edge of the Site. The Project will be designed
so that no construction or grading is proposed within the floodplain, and all areas
within the floodplain will be used as open space. The Development Services Director
has prepared an addendum to the approved Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, IS -06 -008, in compliance with the
California Environmental Quality Act. Potential significant impacts to Air Quality,
Biological Resources, Geology and Soils, Hazards and Hazardous Materials,
Hydrology and Water Quality and Noise will be mitigated upon completion 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
Conservation Element.
Resolution PCS -12 -07
November 20, 2013
Page 5
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 2010 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
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 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, parking and open spaces close to the street for easy access and next to the
Creek and natural areas, where the residents can have views of the City and enjoy the
natural and improved open space amenities. The Project proposes to develop a vacant
property which was previously developed with three single- family residences, and is
located adjacent to an existing public street and existing commercial and residential
development. 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. Pr` ject°Sit`e ig 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 -07, located
at 912 -944 Third Avenue.
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 City's satisfaction 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. DQ1711.
Resoiu6on PCS -12 -07
November20, 2013
Page 6
3. 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, within the timeframe specified in the
MMR.P.
4. Applicant shall obtain approval of street addresses to the satisfaction of the Director of
Development Services.
S. Driveways shall be designed to be a minimum of 24 ft, wide for two -way driveways and
20 feet for 1 -way driveways /fire- lanes. A minimum backing distance of 24 ft, is required
for parking areas.
6. 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.
7. 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, 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.
$. F`rior to issuance of the first Building Permit for the Froject, the applicant shall obtain
approval of Design Review Permit DRC -12 -17 and construct the project in compliance
with the approved DRC -12 -17 plans and conditions of approval.
LAND DEVELOMENT DIVISION /GENERAL COMMENTS AND FEES:
9. 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)
10. 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
Resolution PCS -12.07
November 20, 2013
Page 7
11. 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 $7,495 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 $891,905 (119 @ $7,495 /unit).
GRADING AND DRAINAGE:
The following conditions shall be satisfied prior to approval of the Grading Plan for the
Proj ect:
12. The Grading Plan shall indicate the location of the floodway boundary and demonstrate
that no construction is permitted within the floodway.
13. The Project shall comply with Chapter 14.18 (Floodplain Regulations) of the CVMC.
14. 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 Engiry --r.
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. All onsite drainage facilities shall be private.
e. Any off -site work will require Letters of Permission from the property owner(s).
15. Retaining Walls:
a. All retaining walls shall be noted on the Grading Plans and include a detailed wall
profile.
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 he approved as part of the
Building Permit for the Project.
Resolution PCS -12 -07
November 20.201 3
Page 8
d. Retaining walls around trash bin (if any) 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 following conditions shall be satisfied prior to approval of the Grading Plan for the
Project:
16. 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.
17. 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.
19. 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.
19. 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.
20. 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.
21. Owner 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.
22. Owner 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.
Resolution PCS -12 -07
November 20. 2013
Page 9
23. "In- stream" treatment systems shall be constructed outside of the waters of the United
States, per Section 40, C.F.R. 131.10 (a).
PUBLIC IMPROVEMENTS:
The following conditions shall be satisfied prior to approval of the Final Map for the Project:
24. 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. Removal and replacement of any broken or damaged curb, gutter, and sidewalk
per SDRSD G -2, and G -7 along the Project's frontage to the satisfaction of the
City Engineer. Sidewalk shall be designed and constructed with proper
transitions to existing conditions.
b. Additional asphalt paving for the replacement of the existing curb, gutter and
sidewalk
e. Installation of 2 driveways 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.
& Sewer lateral- and storm drain connection& 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 as a result of this inspection.
e. Installation of all sewer laterals per SDRSD S -13.
f.. Provide utilities trenching and restoration per CVCS No. 3 and No. 4.
g. Sewer lateral and storm drain connections to existing public utilities. The Public
Works Operations Section will need to inspect any existing sewer laterals and
connections that are to be used by the new development. Laterals and
connections may need replacement by Applicant as a result of this inspection.
25. All new utilities and existing utilities located within or adjacent to the subject property
shall be underground pursuant to CVMC 15.32.
26. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be
required, as necessary.
27. 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.
Resolution PCS -I2-07
November 20, 2013
Page 10
28. The construction and completion of all improvements and release requirements shall be
secured in accordance with CVMC 18.16.220.
SEWER:
29. Plans shall provide 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 Project. Laterals and connections may need
replacement by Applicant as a result of this inspection.
30. For the proposed private sewer facilities, manholes shall be used where 6" mains or
larger are connected to public sewer.
31. Plans shall provide a sewer easement to connect to the offsite manhole to the south, as
determined by the City Engineer.
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-niaintained publie
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.
MAPPING;
34, Per City of Chula Vista Standard Drawing CVD- ST -02, Third Ave. is classified as a
Class I Collector with a half -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 Third Ave. prior to obtaining a Construction Permit for the Street
Improvements or a Building Permit for the Site. Developer shall submit street dedication
documents prepared by a Registered Civil Engineer or licensed Land Surveyor.
35. 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 an 8 -foot Landscape Bu[Ier Area Easement along Third Ave. per
Chula Vista Design Standards CVD -ST -02 for a Class I Collector.
36, The Developer shall provide an Irrevocable Offer of Dedication (IOD) for drainage and
other Public purposes to the City of Chula Vista from the Project boundary to the 100
Resolution PCS -12 -07
November 20, 2013
Page I t
Parcel Map, or through a separate instrument. An Encroachment Permit shall be
obtained from the City of Chula Vista for all proposed improvements resulting in
maintenance work within the IOD.
37. Approval of a Final Map shall be required to create the proposed 120 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.
38. Prior to Parcel Map, 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/,Roto /GIS. The data upload site only accepts zip formatted
files.
CC&R' S
39. 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
includeF 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.
40. Said CC &R's shall be consistent with CVMC 18.44, and shall be recorded concurrently
with the Final Map.
CHULA VISTA MUNICIPAL CODE REQUIREMENTS (ENGINEERING):
The following conditions shall be satisfied prior to approval of the improvement Plans for the
Proj ect:
Resolution PCS -12 -07
November 20, 2013
Page 12
41. 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,.
VIl. 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 k9wn as Document No.
Signature of Applicant Date
Ky /C�5 /r
Signature of Property 6wner 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 terns, 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)
Resolution PCS -12 -07
November 20, 2013
Page 13
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. 12 -07) to
combine multiple parcels into one 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,
Presen ed
Kelly ton
Director of Development Services
Approved as to form by:
Ien Googi
ity Att mey
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA, CALIFORNIA this 20th day of November, 2013, by the following
vote:
AYES: Anaya, Fragomeno, Livag, Nava, Vinson, Chair Moctezuina
NAPES: n/a
ABSENT: n/a
ABSTAIN: Calvo
ATTE T:
Patricia Laughlin �.
Secretary to the Planning Commission
`� .. 1sa Mocte "' 'r
Order No.: 12201669- 996 -U50
LEGAL DESCRIPTION Zwlsl/ -f A
THOSE PORTIONS OF LOTS 18, 23, 25 AND 26 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, 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 N0. 7� 2086 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 I8 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 LOT 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 WYANT'S 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 48.95 FEET TO THE 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 53'30" A DISTANCE OF 450.70 FEET TO THE EASTERLY LINE OF SAID LOT 23;
THENCE NORTHERLY ALONG THE- EASTERLY LINE OF
CLTA Preliminary Rgxni Fume - Modikd(11- 17.06)
Page 3
Order No.: 12201669- 996 -U50
LEGAL DESCRIPTION
(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:
THAT 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. 72-544146 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 27'44" 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 5928" WEST; THENCE EASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00 DEGREE 5649 ", A
DISTANCE OF 14,49 FEET; THENCE TANGENT TO SAID CURVE NORTH 85 DEGREES 5721"
EAST 600.51 FEET; THENCE SOUTH 04 DEGREES 02'39" EAST, 3.31 FEET TO T14B 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 CENTRAL ANGLE OF 06 DEGREES 5095 ", A
DISTANCE OF 33.68 FEEI -; 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 - 010 -42 -00 and 619 -010 -56-00
END OF LEGAL DESCRIPTION
CLTA Preliimmry Report Form - Modi fled (11- 17-06)
Page 4