HomeMy WebLinkAboutItem 3 - Attachment 3 - Reso PCS 15-02RESOLUTION NO. PCS -15 -02
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING TENTATIVE SUBDIVISION MAP PCS -15-
02 TO SUBDIVIDE A 2.49 ACRE SITE INTO EIGHTY (80)
CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP AT 986
BROADWAY
WHEREAS, on March 5, 2015, a duly verified application for a Tentative Subdivision
Map was filed with the City of Chula Vista Development Services Department by Niki
Properties, LLC (Applicant); and
WHEREAS, the application requests approval to subdivide a 2.49 acre site into eighty
(80) condominium units for individual ownership (Project); and
WHEREAS, the area of land that is the subject of this Resolution is an existing 2.49 acre
parcel located at 986 Broadway (Project Site); and
WHEREAS, the Development Services Director has reviewed the Project for compliance
with the California Environmental Quality Act (CEQA) and has determined that the Project
qualifies for a Categorical Exemption pursuant to Section 15332 of the State CEQA Guidelines.
Thus, no further environmental review is required; and
WHEREAS, the Development Services Director set the date for the hearing of the
Tentative Subdivision Map application, and notice of the hearing, together with its purpose, was
given by its publication in a newspaper of general circulation in the City and mailed to property
owners and residents within 500 feet of the exterior boundaries of the property at least 10 days
prior to said hearing date; and
WHEREAS, a hearing at the time and place as advertised, namely August 26, 2015, at
6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning
Commission and said hearing was thereafter closed; and
WHEREAS, the Planning Commission reviewed and considered Tentative Subdivision
Map PCS - 15.02 in accordance with all City Codes and requirements.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
find and determine as follows:
IL TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the Planning
Commission finds that the Tentative Subdivision Map, as conditioned herein, is in
conformance with the elements of the City's General Plan, based on the following:
Attachment 3
PC Resolution PCS -15 -02
August 26, 2015
Page 2
1. Land Use
The General Plan land use designation is Mixed -Use Residential. The implementing
zone is Central Commercial, however for a Mixed -Use project the allowable density
is based on the total project area, less any area devoted exclusively to commercial
use, including commercial parking and circulation areas. Per the MU standards,
Section 19.58.205C, a total of 80 dwelling units are permitted on the 2.49 acre Project
Site, with the proposed commercial. The proposed 80 -unit subdivision is within the
allowable density and permitted number of dwelling units.
2. Circulation
All off -site public streets required to serve the subdivision already exist or will be
constructed or paid for by the Applicant in accordance with the Conditions of
Approval. The on -site circulations system is designed in accordance with the City
design standards and/or requirements and provides for vehicular and pedestrian
connections.
3. Public Facilities
The Project has been conditioned to ensure that all necessary public facilities and
services will be available to serve the Project concurrent with the demand for those
services. There are no public services, facility, or phasing needs created by the Project
that warrants the preparation of a Public Facilities Financing Plan.
4. Housing
The Project is consistent with the density prescribed within the Mixed -Use
Residential.General Plan designation, and provides additional opportunities for multi-
family residential home ownership in the southwestern portion of the City.
5. Growth Mana eg ment
The surrounding street segments and intersections including Broadway and Moss
Street will continue to operate at the same Level of Service in compliance with the
City's traffic threshold standard with the proposed Project traffic. No adverse impact
to the City's traffic threshold standards would occur as a result of the proposed
Project.
The Project Site is located in the attendance area of Harborside Elementary School,
within the boundaries of the Chula Vista Elementary School District. The Project is
also within the attendance area of Chula Vista High School, within the Sweetwater
Union High School District. The Applicant will be required to pay applicable
developer fees based upon assessable area.
The proposed drainage improvements for the lot will consist of maintaining the
existing drainage pattern and runoff direction with the majority of the development
draining near the proposed entrance along Moss Street and near the intersection of
PC Resolution PCS -15 -02
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Broadway and Moss Street. A small portion of the Project Site also sheet flows into
the Broadway curb and gutter system, where it is directed to the existing inlet located
on Moss Street. Overall, the proposed Project will collect the existing runoff and treat
it in accordance with current BMP methods and discharge to the Bio- retention basin
located on Moss Street.
The Project Site is within the boundaries of the City of Chula Vista wastewater
services area. The existing area sewer facility system has sewer lines along Moss
Street and Broadway including an existing off -site 8" sewer main, along the frontage
of Broadway and Moss and an additional existing off -site 12" sewer main, along
Moss Street for the proposed Project Site. The Applicant will be required to submit a
final sewer study prior to connecting to the City's sewer system.
6. Open Space and Conservation
The Project proposes multi - family homes that meet the minimum open space
requirement per the Chula Vista Municipal Code. The Project will also be required to
pay in -lieu park fees towards the acquisition and development of future parks. The
development of the Project Site is consistent with the goals and policies of the
Conservation Element.
7. Packs and Recreation
The proposed Project would not induce significant population growth, as it is a small
residential infill project and would not impact existing or proposed recreational
facilities. The Project has been conditioned to pay park acquisition and development
fees prior to recordation of the Final Map.
8. Safety
The City Engineer, Fire and Police Departments have reviewed the proposed Project
for conformance with City safety policies and have determined that the proposal
meets those standards.
9. Noise
The Project has been reviewed for compliance with the Noise Element and will
comply with applicable noise measures at the time of issuance of the first building
permit.
10. Scenic Highway_
The Project Site is not located adjacent to or visible from a designated scenic
highway.
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B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the
configuration, orientation, and topography of the site allows for the optimum siting of
lots for natural and passive heating and cooling opportunities and development of the site
will be subject to site plan and architectural review to insure the maximum utilization of
natural and passive heating and cooling opportunities.
C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the 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. The Project Site is physically suited for residential development because it is generally
level and is located adjacent to existing residential developments. The Project conforms
to all standards established by the City for a residential development.
E. The conditions herein imposed on the grant of permit or other entitlement herein
contained are approximately proportional both in nature and extent to the impact created
by the proposed Project.
III. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL
Unless otherwise specified or required by law: (a) the Conditions of Approval and Code
requirements set forth below shall be completed prior to the related Final Map as
determined by the Development Services Director and the City Engineer, or designees,
unless otherwise specified, "dedicate" means grant the appropriate easement, rather than
fee title. Where an easement is required the Applicant shall be required to provide
subordination of any prior lien and easement holders in order to ensure that the City has a
first priority interest and rights in such land unless otherwise excused by the City. Where
fee title is granted or dedicated to the City, said fee title shall be free and clear of all
encumbrances, unless otherwise excused by the City.
Should conflicting wording or standards occur between these Conditions of Approval,
any conflict shall be resolved by the City Manager or designee.
GENERAL/DEVELOPMENT SERVICES
The Applicant shall develop and maintain the Project Site in accordance with the
approved plans, which include site plans, floor plans, and elevation plans or. file in the
Planning Division, the conditions contained herein, and Title 19.
2. Prior to, or in conjunction with the issuance of the first building permit, the Applicant
shall pay all applicable fees, including any unpaid balances of permit processing fees for
deposit account DQ -1812.
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Land Development Division:
3. The following fees maybe adjusted 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)
e. Other Engineering Fees as applicable per attached Master Fee Schedule.
4. Additional deposits or fees in accordance with the City Subdivision Manual, and Master
Fee Schedule will be required for the submittal of the following items:
a. Grading Plans
b. Street Improvement Plans
c. Construction Permit
d.. Tentative Map, and Final Map
5. Payment of the Park Acquisition and Development (PAD) fee per dwelling unit is
required prior to the issuance of the first Building Permit in accordance with Municipal
Code Section 17.10.100. The current PAD fee for West Chula Vista Projects is $10,251
for Single Family, $7,607 for Multi - Family, $4,798 for Mobile Home, and $4,385 for
Hotel /Motel. The PAD fee is adjusted on an annual basis on October 1 based on the
Engineer Construction Cost Index. The payment of PAD fee amount in place at the time
of the recording of the Final Map is required. The PAD fee for the project at this time is
$60,856.00 (80 @ $7,607 /unit). Credit will be awarded for existing buildings on the site.
6. Prior to the approval of the first building permit, the Applicant shall submit duplicate
copies of all commercial, industrial or multifamily Projects in digital format, such as
(DXF) graphic file, on a CD or through e -mail based on California State Plane
Coordinate System (NAD 83, Zone 6) in accordance with the City's Guidelines for
Digital Submittal. DXF file shall include a utility plan showing any and all proposed
sewer or storm drain on site.
7. All driveways shall conform to the City of Chula Vista's sight distance requirements in
accordance with Section 12.12.120 of the Municipal Code. Also, landscaping, street
furniture, or signs shall not obstruct the visibility of drivers at the street intersections or
driveways.
8. Proposed Fire Access Road shall meet H -20 Loading requirements or shall be designed
for a Traffic Index (T.I.) of 5.
9. The Applicant shall provide a circulation analysis demonstrating:
a. Solid Waste Truck Movements.
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b. How cars can turn around when pulling out from the garage.
C. Location of visitor parking.
10. Temporary improvements (such as fence, asphalt ramps, signs, etc.) located in street right
of way, City easements or City owned Open Space Lots will require an encroachment
permit.
11. Driveways within the complex shall be designated as private.
12. Prior to issuance of the first building pen-nit, the Applicant shall demonstrate compliance
with the current California Plumbing Code, minimum sewer grade (2 %) from the farthest
unit on the site to the sewer main.
13. The Applicant shall 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 15.04. The Applicant 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, or designee.
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. The Drainage Study shall also demonstrate that no property damage will occur
during the 100 -year storm event.
d. The Drainage Study shall show any offsite flows.
e. All onsite drainage facilities shall be private.
f. Any offsite work will require Letters of Permission from the affected property
owner(s).
14. The Applicant shall provide 2 copies of the following technical reports with the 1"
submittal of grading plans:
a. Drainage Study
b. Water Quality Technical Report (WQTR)
e. Geotechnical Report
15. 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.
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16. Improvement Plans in conformance with the City's Subdivision Manual and a
Construction Permit will be required prior to issuance of any Building Permits. The
Improvement Plans shall include but not be limited to:
o 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, or designee. Sidewalks shall be designed and constructed with
proper transitions to existing conditions.
o Additional asphalt paving for the replacement of the existing curb, gutter and
sidewalk.
o Removal and replacement of existing driveway(s) meeting design standards as
shown in the Chula Vista Construction Standard. Current Driveway(s) shall be
replaced, if it does not meet the City of Chula Vista Design Standards/ American
Disability Act (ADA) Standards, or if existing driveway is cracked or broken.
Dedication of R/W as needed in order for driveway to comply with ADA
requirements.
u Removal and replacement of existing pedestrian ramp on the corner of Broadway
and Moss Street per Chula Vista Construction Standard CVCS -25. Current
pedestrian ramp shall be replaced, if it does not meet the City of Chula Vista
Design Standards /ADA Standards, or if existing pedestrian ramp is cracked or
broken.
o Relocation of a 100 -watt City standard street light per CVCS -6, 7, 9, & 11 at the
Project property line along Broadway. The City Traffic Engineer shall approve
street light locations.
o 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 as a result of this inspection.
17. 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.
18. 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
19. Per City of Chula Vista Standard Drawing, Broadway is classified with a half -width
right- of-way of 50 feet. The Applicant shall be required to dedicate the necessary right -
of -way to meet the 2 feet width from centerline to property line along Broadway prior to
obtaining a Construction Permit for the Street Improvements or a Building Permit for the
site. The Applicant shall submit street dedication documents prepared by a Registered
Civil Engineer or licensed Land Surveyor.
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20. 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 shapefile, 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.goy /goto /GIS. The data upload site only accepts zip formatted
files.
21. The Applicant shall submit Covenants, Conditions and Restrictions (CC &R's) as
approved by the City Attorney to the City Engineer and the Director of Development
Services Department, or designees, for approval prior to approval of the Final Map. 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 CC &R's
d) Provision that no private facilities shall be requested to become public unless all
homeowners and 100% of the first mortgage obligee have signed a written
petition.
C) 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.
22. Said CC &R's shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and
shall be recorded concurrently with the Final Map.
Fire Department:
23. The Applicant shall apply for required building permits. Permits shall comply with
applicable codes and requirements, including but not limited to: the current California
edition of Building Code (CBC), Fire Code (CFC), Mechanical Code, and Residential
Code as adopted and amended by the State of California and the City of Chula Vista.
24. For 47,230 square feet of Type VA construction, this Project will require a fire flow of
4,000 gallons per minute for a 4 -hour duration at 20 p.s.i.
25. Based upon the required fire flow for Type VA construction type, a minimum of 4 fire
hydrant(s) are /is required to serve this Project.
26. Where a portion of the building is more than 400 feet from a hydrant on a fire apparatus
access road, as measured by an approved route around the exterior of the building, on site
fire hydrants and mains shall be provided.
27. Fire Hydrants shall be located and spaced in accordance with California Fire Code.
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28. A Fire Service study shall be performed that includes a hydraulic water flow analysis.
This analysis shall show the actual flow and pressure for all hydrants and riser stubs. The
Hazen Williams formula shall be used in the determination of these flows and pressures.
The analysis shall show that the required fire flow is available at the hydrants and that
independently the sprinkler demand is available at the most demanding sprinkler riser.
29. Water supply data is required to accompany an underground submittal. An official water
flow letter can be obtained from the respective water authority. The water flow
requirements shall be based upon the currently adopted California Fire Code. The date of
the water flow test shall be no older than six months from the time of the plan submittal.
No reductions in fire flow will be granted for buildings protected throughout by an
approved automatic fire sprinkler system.
30. 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.
31. 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.
32. 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.
33. Fire apparatus access roads shall be marked as Fire Lanes in accordance with CVFD
standards.
34. Fire apparatus access road obstruction: Automatic gates shall be provided with both an
Opticom Detection System and a Knox Key Switch override. Provisions shall be taken to
operate the gate upon the loss of power.
35. Buildings shall be provided with two Knox appliances.
® Provide a Knox Vault at the main entrance to the building
• Provide a Knox Box at the Fire control Room
36. The building(s) shall be addressed in accordance with the following criteria:
® 0 -- 50ft from the building to the face of the curb = 6- inches in height with a f-
inch stroke
0 51 — 150ft from the building to the face of the curb ° 10- inches in height with a 1
'/2 -inch stroke
• 151 ft from the building to the face of the curb — 16- inches in height with a 2 -inch
stroke
37. This Project is to be protected throughout by an approved automatic fire sprinkler system.
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38. This Project is to be protected throughout by an approved fire alarm system.
The following on -going conditions shall apply to the Project Site as long as it relies on this
approval:
39. Approval of this request shall not waive compliance with any sections of the CVMC, and
any other applicable City Ordinances in effect at the time of building permit issuance.
40. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless City, its Planning Commission members, officers, employees and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees (collectively, liabilities) incurred by
the City arising, directly or indirectly, from (a) City's approval of this tentative map and
(b) City's approval or issuance of any other permit or action, whether discretionary or
non - discretionary, in connection with the use contemplated on the Project Site. The
Property Owner and Applicant shall acknowledge their agreement to this provision by
executing a copy of this Resolution where indicated below. The Property Owner's and
Applicant's compliance with this provision shall be binding on any and all of the
Property Owner's and Applicant's successors and assigns.
41. All of the terms; covenants and conditions contained herein shall be binding upon and
inure to the benefit of the heirs, successors, assigns and representatives of the Developer
as to any or all of the Property.
42. The Applicant shall comply with all requirements and guidelines of the City of Chula
Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape
Manual, Chula Design Plan and the Non - Renewable Energy Conservation Plan as
amended from time to time, unless specifically modified by the appropriate department
head, with the approval of the City Manager. These plans may be subject to minor
modifications by the appropriate department head, with the approval of the City Manager,
however, any material modifications shall be subject to approval by the Planning
Commission.
43. if any of the terms, covenants or conditions contained herein shall 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 including issuance of
building permits, deny, or further condition the subsequent approvals that are derived
from the approvals herein granted; institute and prosecute litigation to compel their
compliance with said conditions; and/or seek damages for their violation. The applicant
shall be notified 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.
PC Resolution PCS -15 -02
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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 attach, 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 Applicant shall execute this document signing on the lines
provided below, indicating that the Property Owner and Applicant have each read,
understood and agreed to the conditions contained herein, and will implement same.
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/or Applicant, and a signed,
stamped copy returned to the City's Development Services Department. Failure to return
the signed and stamped copy of this recorded document within 10 days of recordation
shall indicate the Property Owner /Applicant's desire that the project, and the
corresponding application for building permits and/or a business license, be held in
abeyance without approval.
Signature of Property Owner Date
Printed Name of Property Owner
Signature of Applicant Date
Printed Name of Applicant
VI. CONFORMANCE WITH CITY SUBDIVISION MANUAL
The Planning Commission does hereby find that the Project is in conformance with the
City of Chula Vista Subdivision Manual, Section 18.12 and the requirements of the
Zoning Ordinance.
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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, provisions, or conditions
are determined by a Court of competent jurisdiction to be invalid, illegal, or
unenforceable, this resolution and the permit shall be deemed to be automatically revoked
and of no further force and effect ab initio.
BE IT FURTHER RESOLVED that the Chula Vista Planning Commission does hereby
approve Tentative Subdivision Map (PCS- 15 -02), subject to the conditions listed above for the
subdivision of a 2.49 acre site into eighty (80) condominium units for individual ownership at 986
Broadway.
Presented by:
Kelly Broughton
Development Services Director
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 26th day of August 2015, by the following vote, to -wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yolanda Calvo, Chair
ATTEST:
Patricia Laughlin, Secretary