Loading...
HomeMy WebLinkAboutItem 2 - Attch 2 - Draft PC ResolutionRESOLUTION NO. PCS -15-0005 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION, ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS -15-0001, AND APPROVING TENTATIVE SUBDIVISION MAP 15- 0005 TO SUBDIVIDE A 7.5 -ACRE SITE LOCATED AT LYNNDALE PLACE INTO 14 SINGLE-FAMILY RESIDENTIAL LOTS WHEREAS, on May 18, 2015 duly verified applications for a Tentative Subdivision Map (PCS -15-0005, Chula Vista Tract No. 15-0005), and Initial Study (IS - 15 -0001), were filed with the City of Chula Vista Development Services Department by Lynndale Place, LLC ("Applicant" and "Owner"); and WHEREAS, Applicant requests approval of a Tentative Map to subdivide 7.5 acres into 14 single family residential lots, identified as Bonita Ridge Estates (Project) on said project site; and WHEREAS, the area of land that is the subject of this Resolution is an existing 7.5 acre site located at Lynndale Place, as identified in County Assessor records as APN 592-100-49, (Project Site); and WHEREAS, the Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial Study, IS -15-0001. Based upon the results of the Initial Study, the Development Services Director has determined that the Project could result in significant effects on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Development Services Director has prepared a Mitigated Negative Declaration, IS -15-0001; and WHEREAS, the Development Services Director set the date for the hearing of the Tentative Subdivision Map application, and notice of the hearing was given by its publication in a newspaper of general circulation in the City, together with its purpose, and was mailed to property owners and residents within 500 feet of the exterior boundaries of the Project Site at least 10 days prior to the hearing date; and WHEREAS, a hearing at the time and place as advertised, namely August 9, 2017, 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 having received certain evidence at the subject hearing, as set forth in the record of its proceedings therein, recommends approval the Project, based on certain terms and conditions; and Attachment 2 PC Resolution PCS -15-0005 August 9, 2017 Page No. 2 WHEREAS, the City of Chula Vista Planning Commission reviewed and considered the Mitigated Negative Declaration (MND IS -15-0001) and associated Mitigation Monitoring and Reporting Program (MMRP), and Tentative Map (PCS -15- 0005). NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista Planning Commission does hereby find and determine as follows: 1. ENVIRONMENTAL REVIEW That the Planning Commission of the City of Chula Vista, in the exercise of its independent judgment, as set forth in the record of its proceedings, considered the Initial Study of the Project conducted by the Director of Development Services for compliance with the CEQA, and has determined that the Project could result in significant effects on the enviromrient. However, revisions to the Project made by or agreed to by the Applicant would avoid the effects -or mitigate- the -effects to a point where clearly no significant effects would occur; therefore, the Development Services Director has cause the preparation of a Mitigated Negative Declaration, IS -15-0001. Notwithstanding the fact that no Mitigation Measures are being deleted, and as a result of additional Wildlife Agency coordination and revision to the technical report to refine the mitigation measures for maritime succulent scrub and snake cholla, Mitigation Measure BIO -1 was revised to include a provision that would allow the Applicant, as an alternative to restoring in-kind habitat, to purchase credits from an upland mitigation bank, or make payment into an established Wildlife Agency -approved in -lieu fee program within the City of Chula Vista to meet Mitigation Measure BIO -1. The Planning Commission finds that this revision is equivalent or more effective in mitigating or avoiding potential significant effects and that it in itself will not cause any potentially significant effect on the environment. The Planning Commission further finds that this revision also allows an additional option for the Applicant to meet Mitigation Measure BIO -1 and is consistent with the provision of CEQA Guideline's section 15074.1. That the Planning Commission of the City of Chula Vista, in the exercise of their independent review and judgment as set forth in the record of its proceedings, considered Mitigated Negative Declaration, IS -15-0001 and the Mitigation Monitoring and Reporting Program, in the form presented, which has been prepared in accordance with requirements of the CEQA and the Environmental Review Procedures of the City of Chula Vista and does hereby adopt the same. IL PLANNING COMMISSION RECORD Record of the proceedings of the Planning Commission at their public hearing on August 9, 2017, including their vote upon the Planning Commission Resolution recommending approval, along with any relevant comments, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any CEQA claims. PC Resolution PCS -15-0005 August 9, 2017 Page No. 3 III. WAIVER OF PUBLIC FACILITIES FINANCING PLAN Pursuant to Chula Vista Municipal Code (CVMC) 19.09.080, 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. MIR ATIL4110013 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 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 Residential Low (0-3 du/ac), which results in a maximum yield of 23 dwelling units on the site. The Project proposes 14 lots, which is consistent with the General Plan. The proposed Project will be developed at a density of less than 2 dwelling units per acre, which is within the allowable density and permitted number of dwelling units. Project -related traffic generation has been analyzed and will not adversely affect the road segments and intersections in the surrounding area, such as Lynnwood Drive and Bonita Road. The Project has direct frontage on Lynndale Lane, which is a public street located in and maintained by the County of San Diego. Projects proposed for the eastern Chula Vista area are also required to pay the Eastern 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 new, high-quality, energy-efficient single-family homes that will enhance the image and appearance of the neighborhood, and create jobs related to construction of the homes that will benefit the local economy. Approval of the Project will help achieve 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 Halecrest Elementary School, within the boundaries of the Chula Vista Elementary School District. The Project is PC Resolution PCS -15-0005 August 9, 2017 Page No. 4 also within the attendance area of Bonita Vista Middle and Bonita Vista High Schools, 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 proposed onsite 8 inch sewer line will be connected to an existing 15 inch sewer main within existing Lynndale Lane, which will connect the onsite sewer system to the existing 15 inch main within the I-805 right-of-way. A Caltrans Encroachment Permit will be required for the Project's sewer connection in the State right-of-way. New sewer laterals are proposed to service the individual lots. 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, Fire and Police Departments have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets those standards. The proposed Project will not induce significant population growth, as it is a small residential infill project and will not 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. 4. Housing The Project is consistent with the density prescribed within the Residential Low - General Plan designation, and will provide additional opportunities for high-quality, market -rate single-family residential home ownership in the central portion of the City, Project construction will be required to comply with the 2013 California Green Building Standards, the City's Green Building Standards and the City's Energy Efficiency Ordinance, therefore energy-efficient homes will be developed. 5. Growth Management The Project is in compliance with applicable Growth Management Element requirements because it is an infill project that will be served by existing public infrastructure. There is no public service, facility, or phasing needs that warrant the preparation of a Public Facilities Financing Plan. 6. Environmental The Project proposes individual single-family homes that meet the minimum open space requirement per the CVMC. The Development Services Director has prepared a PC Resolution PCS -15-0005 August 9, 2017 Page No. 5 Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS -15-0001, in compliance with the CEQA, therefore, the Planning Commission finds that the development of the site is consistent with the goals and policies of the Conservation Element. The Project has been reviewed for compliance with the Noise Element, a noise study has been prepared by the Applicant, which has determined that the Project as conditioned will comply with applicable City noise requirements at the time of issuance of the building permit. The Project has been conditioned to require that all dwelling units be designed to preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA for all outside private yard areas. A Geotechnical report has been prepared for the Project, which has determined that the site is not within or near a mapped -earthquake fault zone, and there are no known or suspected seismic hazards associated with the Project Site. Conditions of approval have been included that require a detailed soils report and geo-technical study be prepared prior to approval of Grading Plans, and that foundation plans be reviewed in conjunction with building permits. In addition, project compliance with applicable Uniform Building Code standards would adequately address any building safety/seismic concerns. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the configuration, orientation, and topography of the site allow for the optimum siting of lots for natural and passive heating and cooling opportunities. The development of the site will be subject to site plan and architectural review to ensure 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 certifies that it 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. Pursuant to Government Code Section 66474 (a) -(g) of the Subdivision Map Act, the proposed Project: . (a) is consistent with applicable general and specific plans as specified in Section 65451 because the General Plan designation Residential Low (RL, 0-3 dwelling units per acre) allows for a maximum of 21 lots and the project proposes 14 lots. The project is not within a Specific Plan area. (b) design or improvement is consistent with applicable general and specific plans. The Project's design of 14 lots is consistent with the Residential Estate (RE) zoning classification which is consistent with the General Plan's RL designation. PC Resolution PCS -15-0005 August 9, 2017 Page No. b (c) site is suitable for the proposed density of development. The Project's 14 lots are below the allowed density range of 0-3 dwelling units per acres with a maximum yield of 21 lots. (d) site is physically suitable for the type of development. The Project is surrounded by single family development with available access and infrastructure to serve the Project. (e) the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The Project has been designed to minimize landform disturbance with cut and fill slopes balance, and a habitat restoration plan has been prepared that avoids permanent disturbance or injury to wildlife or their habitat. (f) the design of the subdivision or type of improvements is not likely to cause serious public health problems because the Project has been designed to have plenty of separation between homes, able to be served by fire and emergency -services, and -located over 500 feet from a major highway. (g) subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. The project's roadways and utilities are within and are not in conflict with existing easements. E. The site is physically suited for residential development, because it is an infill site and is located adjacent to existing residential developments. The Project conforms to all standards established by the City for a residential development. F. 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 development. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve the Project subject to the general and special conditions set forth below. PC Resolution FCS -15-0005 August 9, 2017 Page No. 7 V. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project: The Applicant, or his/her successors in interest, shall improve the Project Site with the Project as described in Tentative Subdivision Map, Chula Vista Tract No. 15-0005, located at Lynndale Place, south of Lynndale Lane. Vl. SPECIAL CONDITIONS OF APPROVAL A. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed by the Applicant, Owner or Successor -in -Interest to the satisfaction of the Development Services Director, or designee, prior to approval of the Final Map, unless otherwise specified: GENERAL/PLANNING AND BUILDING 1. The Project shall comply with the City of Chula Vista Standard Tentative Map Conditions, described in Section 5 of the City Subdivision Manual. 2. Prior to issuance of the first building permit for the Project, the Applicant shall pay in full any unpaid balance for the Project, including Deposit Account No. DQ1831. 3. The Applicant shall implement the mitigation measures identified in the Mitigated Negative Declaration (IS -15-0001) and associated Mitigation Monitoring and Reporting Program (MMRP) for the Project, within the timeframe specified in the MMRP. 4. Sweetwater Authority's minimum water pressure of forty (40) pounds per square inch (psi) is not available under all demand conditions to serve proposed residences higher than 130 feet in elevation; particularly those residences on lots 8 through 11. Prior to Final Map approval, Applicant shall demonstrate (through a private pressurizing system or other method) acceptable to the Fire Department, Sweetwater Authority and the Building Division, that all lots meet the minimum water pressure requirements of the Sweetwater Authority, Fire Department and Building Division. Applicant understands, acknowledges and agrees that a development proposal not meeting the requirements of the Sweetwater Authority, Fire Department and Building Division may result in an unbuildable lot. 5. Prior to the issuance of the first building permit for the Project, the Applicant shall record Covenants, Conditions & Restrictions (CC&Rs) acceptable to the City Engineer, or designee, and Sweetwater Authority, containing a notice to future owners of the potential for low water pressure and the obligation to maintain any system used to mitigate said low water pressure, if such system is approved by the City Engineer, or designee and Sweetwater Authority. PC Resolution PCS -15-0005 August 9, 2017 Page No. 8 6. Prior to issuance of the first building permit for the Project, the Applicant shall comply with applicable provisions of Municipal Code Chapter 8.24 - Solid Waste and Litter, and Chapter 8.25 --- Recycling, related to single-family residential development projects, to the satisfaction of the Department of Public Works, Environmental Services Division. These requirements include, but are not limited to the following: The Applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the Project. The Applicant shall design each individual lot or residence to accommodate the storage and curbside pickup of individual trash, recycling and green waste containers (3 total), as approved for a small -quantity generator (single family residential use). 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 8.25.095.13, to the Environmental Services Division. 7. Prior to issuance of the first building permit for the Project, the Applicant shall obtain approval of street addresses. 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 concerning the same. Landscape Plans shall be prepared by a registered Landscape Architect and shall be consistent with the Concept Landscape Plan approved in conjunction with the Project. 9. The Applicant shall submit Grading or Improvement Plans showing the following: The maximum gradient within the rear yard area of any lot shall not exceed 4:1 (25%) slope. The maximum gradient of the driveways serving garages shall not exceed 14%. The distance between curb cuts along Lynndale Place serving adjoining driveways shall be minimized to 6 feet between the flares, to maximize the available on -street parking area, 10. All Improvement Plans shall be processed through the County of San Diego and City of Chula Vista, and approved by the County of San Diego prior to acceptance by the City of Chula Vista. 11. The Home Owner's Association (HOA) shall maintain all streets, sewer system, and landscaping on site as depicted on the Tentative Map. This requirement shall be indicated in the Project CC&Rs. PC Resolution PCS -15-0005 August 9, 2017 Page No. 9 12. Access for the HOA maintained slopes and sound wall shall be identified with the provision of an easement with adequate width to accommodate a vehicle, necessary equipment and appurtenances. 13. The Applicant shall provide a line item within the HOA maintenance budget that includes maintenance of maritime succulent vegetation and specify whether the maintenance shall be performed by the HOA and/or the Applicant. This requirement shall be indicated in the Project CC&Rs: 14. The Applicant shall provide two (2) separate water meters for HOA maintained landscape areas as shown on the Tentative Map. 15. The Applicant shall pay all fees associated with the encroachment permit from the County of San Diego. 16. Prior to Final Map approval, noise barriers -measuring 6 feet high from the final grade shall be erected along all side and rear lot boundaries as depicted in the project noise study. The noise barrier must be constructed of a solid material with a minimum weight of 4 pounds per square foot with no gaps or perforations. Noise barriers may be constructed of, but are not limited to, stucco, or split face CMU, to the satisfaction of the Development Services Director (or their designee) as shown on the Tentative Map and associated Landscape PIan, and in accordance with condition NOS -2 of the Noise report. The sound barrier/wall shall be maintained by the HOA, the maintenance of which shall be called for in the Project CC&Rs. 17. Prior to Final Map approval, any retaining walls shall be 3.5 feet tall maximum and be constructed of a decorative material such as stucco or other aesthetically acceptable material. 18. Any request to waive or reduce TDIF fees shall be approved by the City Council. 19. Prior to Final Map approval, offsite sewer shall be constructed, including the required approval from other agencies. If the offsite sewer is public, the Applicant shall provide, or cause for the provisions of an easement to the City. If the offsite sewer is private, this information shall be included within the CC&Rs with proof of a maintenance budget. 20. Prior to Final Map approval, the Applicant shall obtain the required Caltrans Encroachment Permit for the Project's sewer connection in the State right-of-way. 21. Prior to Final Map approval, the Applicant shall provide proof of signatures and letters of permission to grade from respective property owners for any off-site grading and construction. 22. Prior to the first Final Map, the Applicant shall provide an access easement for lots 1, 2 and 3 to the satisfaction of the Development Services Director. PC Resolution PCS -15-0005 August 9, 2017 Page No. 10 FIRE DEPARTMENT: The Applicant shall complete the following conditions to the satisfaction of the Fire Marshall, or designee, prior to issuance of the first building permit for the Project: Fire Department Underground Fire Service Utilities: 23. For <6200 square feet of Type VB construction, this Project will require a fire flow of 2000 gallons per minute for a 2 -hour duration at 20 p.s.i. (This fire flow determination is based upon an assumption of Type VB construction and structures not exceeding 6,200 square feet. A different construction type or square footage will change this fire flow demand.) 24. Based upon the required fire flow for Type VB construction type, a minimum of 2 fire hydrants are required to serve this Project. 25. Where a portion of the building is more than 600 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. 26. Fire Hydrants shall be Iocated and spaced in accordance with California Fire Code, Appendix C. New fire hydrants shall be spaced at an average of 450 feet. Fire Department Access: 27. 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. 28. 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. 29. Grades for any access roadway shall be restricted to the following • Asphalt < 11 % • Concrete =/> I I % Fire will approve the access road grade(s) that exceed 11% with the following conditions. 1. The road shall be constructed of concrete in accordance with the City's Street / Section Standards. 2. A finished surface of grooved concrete shall be provided for water run-off and traction. 3. Design for grooved concrete shall be V2 inch (13 mm) wide by'/z inch (13 nim) deep and 1 1/2 inches (38 mm) on center with an appropriate angle to the centerline (angle for run-off to be approved by DSD/Engineering). 4. Turnarounds shall have a grade no more than 5%. 5. Transitions between grade changes shall not exceed 5% and shall not interfere with the angle of approach, angle of departure or high centering of fire apparatus. 6. Designed to support 75,000 gross vehicle weight. PC Resolution PCS -15-0005 August 9, 2017 Page No, 11 Automatic Fire Sprinkler Systems: 30. This Project is to be protected throughout by an approved automatic fire sprinkler system in accordance with NFPA 13D and CA Residential Code. As a result, all domestic meters and service laterals shall be a minimum of V. GENERAL COMMENTS AND FEES: 31. The following fees are payable prior to issuance of building permits, based on the Final Building Plans submitted: • Sewer Connection and Capacity Fees • Traffic Signal Fees • Public Facilities Development Impact Fees (PFDIF) • Eastern Transportation Development Impact Fees (TDIF) • Park Land Acquisition and Development Fee (PAD) • Other Engineering Fees as applicable per Master Fee Schedule 32. 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: Grading Plans Street Improvement Plans Final Map 33. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, commissioners, 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 adoption of the Mitigated Negative Declaration & Mitigation Monitoring and Reporting Program, (b) City's approval of this tentative map and (c) 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. 34. 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 CVMC 17.10.100. However, pursuant to Ordinance No. 3324, payment of PAD fees are deferred to prior to final inspection. The PAD fee amount shall be based on the rates in effect at the time in which they are due. The current PAD fee for East Chula Vista Projects is $18,225 for each Single Family Residential dwelling. The PAD fee is adjusted on an annual basis on October 1 based on the Construction Cost Index as published in the PC Resolution PCS -15-0005 August 9, 2017 Page No. 12 Engineering News Record. The current PAD fee for the project as of this notice is $255,150 (14 @ $18,225/unit). ACCESS AND DRIVEWAYS: The following conditions shall be satisfied prior to issuance of the Improvements Plans for the Project: 35. All driveways shall conform to the City of Chula Vista's sight distance requirements in accordance with Section 18.16.220 of the CVMC. Also, landscaping, street furniture, or signs shall not obstruct the visibility of driver at the street intersections or driveways. 36. Driveway curb opening shall be a minimum of eight feet from any point of curb return, and three feet from any obstruction, GRADING AND DRAINAGE: The following conditions shall be satisfied prior to issuance of the Grading Plan for the Project: 37. The Applicant 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 Chapter 15.05. 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: Grading Plans shall be prepared by a registered Civil Engineer and approved by the City Engineer. Drainage Study and GeotechnicallSoils 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. The Drainage Study shall also demonstrate that no property damage will occur during the 100 -year storm event. All onsite drainage facilities shall be private. Any off-site work will require letters of permission fiom the property owner(s). 38. The Applicant shall provide two copies of the following technical reports with the first submittal of Grading Plans: • Drainage Study • Storm Water Quality Management Plan (SWQMP) • Geotechnical Report PC Resolution PCS -15-0005 August 9, 2017 Page No. 13 39. Retaining Walls: • All retaining walls shall be noted on the Grading Plans and include a detailed wall profile. • Structural wall calculations are required 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. • Retaining walls that will be part of a building wall must be approved as part of the building permit for the Project. • Retaining walls around trash bins (if any) shall be noted on the Grading Plans and called out per standard, • The Applicant shall show a detail of 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: 40. 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. 41. A complete and accurate Notice -of -Intent (NOT) must be filed with the SWRCB. A copy of the acknowledgement from the SWRCB that a NOT 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. 42. Permanent storm water requirements, including site design, source control, and treatment control Best Management Practices (BMP's), all as shown in the approved SWQMP, shall be incorporated into the Project design, and shall be shown on the plans. Provide sizing calculations and specifications for each BMP's. Any structural and non-structural BMP requirements that cannot be shown graphically must be either noted or stapled on the plans. 43. Site design shall include features to meet NPDES Standards. These features shall maximize infiltration and minimize impervious land coverage while conveying storm water runoff. PC Resolution PCS -15-0005 August 9, 2017 Page No. 14 44. Owner must enter into a Storm Water Management Facilities Maintenance Agreement to perpetually maintain private BMP's located within the Project prior to issuance of any Grading or Building Permits, whichever occurs first. PUBLIC/PRIVATE IMPROVEMENTS: The following conditions shall be completed to the satisfaction of the City Engineer and Development Services Director, or deignees, prior to approval of the Final Map for the Project: 45. Improvement Plans in conformance with the City's Subdivision Manual and a Construction Permit shall be required. The Improvement Plan shall include all public and private facilities as shown on the Tentative Map, including driveways, street lights, sewer, water, walls, and BMP's. 46. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required, as necessary. 47. The construction and completion of all improvements and release requirements shall be secured in accordance with Section 18.16.180 of the Municipal Code. 48. Prior to Final Map approval, the Applicant shall grant the proposed Sweetwater Authority easements and process the easement quitclaims, as shown on the Tentative Map. 49. The paved driveway identified as "Paved DW" within Parcel 2 and 7 shall be paved with a four inch thick concrete slab, 16 -feet in width, with control joints set no more than 8 - feet apart. 50. Prior to the issuance of the first building permit, any pavement upgrades, such as colored concrete, stamped concrete, thickness greater than four inches, added reinforcement, or brick pavers within a Sweetwater Authority easement area will require the Applicant to enter into a Hold Harmless Agreement with Sweetwater Authority. PRIVATE ONSITE IMPROVEMENTS: The following conditions shall be satisfied prior to approval of the Improvements Plans for the Project: 51. 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. This requirement shall be indicated in the Project CC&Rs. PC Resolution PCS -15-0005 August 9, 2017 Page No. 15 MAPPING: 52. Prior to Final Map, Grading and Street Improvement Plan approval, the Applicant shall submit duplicate copies of the Street Improvement Plans, Grading Plans, Final Map and Site Improvement Plans 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 Guidelines for Digital Submittal. CC&R' S 53. The Applicant shall submit CC&Rs to the City Engineer and Development Services Director prior to approval of the Final Map. Said CC&Rs shall comply with the Standard Tentative Map Conditions of Approval as described in the City Subdivision Manual. The CC&Rs_ shall be approved by the City Attorney and Development Services Director, or designees. 54. Said CC&R's shall be consistent with Chapter 18.44 of the Subdivision Ordinance, 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 Improvements Plans for the Project: 55. Any private facilities (if applicable) within Public right-of-way or City easement will require an Encroachment Permit prior to Improvement Plan or Building Permit approval. 56. All utilities serving the subject property and existing utilities located within or adjacent to the subject property shall be under grounded in accordance with CVMV Chapter 15.32. Further, all new utilities serving the subject property shall be under grounded prior to the issuance of Building Permits. B. The following Conditions of Approval shall be satisfied prior to issuance of the first building permit for the Project, unless otherwise noted: 1. The Applicant shall submit and obtain approval of a Building Permit to the satisfaction of the City Building Official. The building permits shall comply with updated codes and requirements, including but not limited to the 2013 California Building Code (CBC) and Ca. Handicapped Accessibility requirements, 2013 California Mechanical Code, 2013 California Plumbing Code, 2013 California Electrical Code, California Fire Code, 2013 California Green Building Standards, and 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. 2. The Applicant shall submit a detailed wall/fencing plan for all walls and fencing other than the required sound wall showing that all Project walls and fences comply with the PC Resolution PCS -15-0005 August 9, 2017 Page No. 16 approved Landscape Plan and applicable CVMC requirements. The plan shall indicate color, materials, height and location of freestanding walls, retaining walls, and fences to the Development Services Director 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, adjacent grading, landscaping, and sidewalk improvements, and the location of adjacent residential structures. Materials and color used shall be compatible and all walls located in exterior side -yards or in front yards facing public streets and sidewalks shall be constructed of a decorative masonry. Any combination free standing/retaining walls shall not exceed six feet in height. The Applicant shall submit a detail and/or cross-section of the maximum/minimum conditions for all "combination walls," which include retaining and free standing walls, as part of said wall plan. VII. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. VIII. EXECUTION 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 signed and returned to the City's Development Services Department. Signature of Applicant Printed Name of Applicant Date Signature of Property Owner Date Printed Name of Property Owner PC Resolution PCS -15-0005 August 9, 2017 Page No. 17 IX. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. X. 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. BE IT FUTHER RESOLVED that the Planning Commission adopt the Resolution approving Tentative Subdivision Map 15-0005, to subdivide a 7.5 acre site into 14 single family lots. Presented by: Kelly Broughton, FSALA Development Services Director Approved as to form by: Glen R. Googins City Attorney PC Resolution PCS -15-0005 August 9, 2017 Page No. 18 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this W" day of August, 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Gabriel Gutierrez, Chairperson ATTEST: Patricia Laughlin, Secretary