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HomeMy WebLinkAboutItem 2 - Attachment 2 - Resolution TM RESOLUTION NO. PCS 18-0001 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING TENTATIVE SUBDIVISION MAP PCS-18- 0001 TO SUBDIVIDE A 5.72-ACRE SITE INTO TEN (10) COMMERCIAL CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP AT 2430 FENTON STREET WHEREAS, on June 15, 2018, a duly verified application for a Tentative Subdivision Map was filed with the City of Chula Vista Development Services Department by Eastlake Park Place, Inc. (Applicant); and WHEREAS, the application requests approval to subdivide a 5.72-acre site into ten (10) condominium units for individual ownership (Project); and WHEREAS, the proposed individual ownership consists of nine (9) industrial buildings and one (1) outdoor area; and WHEREAS, the area of land that is the subject of this Resolution is an existing 5.72-acre parcel located at 2430 Fenton Street (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 was previously covered by existing Mitigation Negative Declaration (IS-00-03) and Mitigation Monitoring and Reporting Program adopted by the Chula Vista City Council on October 28, 1999. 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 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: I. ENVIRONMENTAL REVIEW That the Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Attachment 3 Planning Commission Resolution No. PCS-18-0001 Page 2 proposed Project was adequately covered in the previously adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS00-03, adopted by the Chula Vista City Council on October 28, 1999, and therefore, no further environmental review is required. II. 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: 1. Land Use The General Plan land use designation is Limited Industrial. The implementing zone is Business Center (BC4). The proposed ten-unit subdivision is within the allowable lot sizes and lot dimensions. 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 Limited Industrial General Plan designation and provides additional opportunities for industrial ownership in the northeastern portion of the City. 5. Growth Management There are no potential impacts to public facilities and services. This is an industrial condominium project. The Applicant will be required to pay Transportation Development Impact Fees (TDIF). 6. Open Space and Conservation The Project proposes industrial condominium units and will have no effect on the amount of open space and conservation areas provided. The development of the Project Site is consistent with the goals and policies of the Conservation Element. Planning Commission Resolution No. PCS-18-0001 Page 3 7. Parks and Recreation The proposed Project would not induce significant population growth, as it is a commercial/industrial project. No park acquisition and development fees are required. 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 located adjacent to or visible from a designated scenic highway. Therefore, the southern edge of the Project has been designed to comply with the scenic roadway requirement by facing the main building entrances to the south edge of the property. This façade includes lighted canopies, storefront system corners and painted concrete tilt up construction. The landscape design will provide a row of trees to screen the buildings from Otay Lakes Road to the south. In addition to an approximately 65 - foot building setback, the southern boundary contains a naturally steep slope (approximately 25-feet) that will reduce the view from Otay Lakes Road below. 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. Pursuant to Government Code Section 66474 (a)-(g) of the Subdivision Map Act, the Planning Commission finds that the proposed project: 1. Is consistent with applicable general and specific plans as specified in Section 65451. Applicant proposes to subdivide ten (10) Units and construct nine (9) new commercial-industrial shell buildings totaling approximately 89,073 square-feet. A tentative map is requested to allow for individual ownership, by which small business owners will have the ability to own their own building (via condominium ownership). The Project is consistent with the Chula Vista General Plan land use, transportation, Planning Commission Resolution No. PCS-18-0001 Page 4 economic development, housing, public facilities and services, environmental and growth management objectives and policies. 2. Design or improvement is consistent with applicable general and specific plans. The General Plan establishes the vision for the eastern part of the City, and the Eastlake Business Center II Sectional Planning Area (SPA) Plan defines the land use character and mix of uses, design criteria, circulation system, and public infrastructure requirements for the Project. The Tentative Map is consistent with the general and specific plans. 3. Site is suitable for the proposed density of development. The Project is surrounded by small lot residential, industrial, medical and a future hotel use and is designed to be compatible with the surrounding community. 4. Site is physically suitable for the type of development. The Project Site has previously been mass graded, has surrounding infrastructure and will accommodate the Project in accordance with Eastlake Business Center II Sectional Planning Area (SPA). 5. 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 was previously mass graded and has been designed to provide a landscaped buffer for the surrounding community. 6. 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 provide quality open space, as well as pedestrian connections to adjacent areas. 7. 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. E. The Project Site is physically suited for the proposed commercial/industrial development because it is located within an existing business park designed for this type of project. . The Project conforms to all standards established by the City for a commercial/industrial 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 Project. Planning Commission Resolution No. PCS-18-0001 Page 5 III. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL Unless otherwise specified or required by law, 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 and any other entitlement document, any conflict shall be resolved by the City Manager or designee. A. GENERAL COMMENTS AND FEES: 1. The Applicant, or his/her successors in interest, shall develop and maintain the Project Site in accordance with the approved plans, which include site plans, floor plans, and elevation plans on file in the Planning Division, the conditions contained herein, and City’s Municipal Code Title 19. 2. All driveways, monument signs, utility boxes and fire hydrants location shall comply with the sight visibility requirements of Chula Vista Municipal Code Sections 12.12.120 and 12.12.130, and City of Chula Vista Chula Vista Sight Design Standard CVD-TR07B. 3. Improvements (such as fence, asphalt ramps, signs, etc.), and all private facilities (if applicable) located within public right-of-way or City easement will require an Encroachment Permit. 4. The Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement to perpetually maintain private biofiltration basins, and all Best Management Practices (BMP’s) facilities located within the Project prior to the issuance of any Grading or Building Permits, whichever occurs first. 5. The Applicant shall pay in full any unpaid balance for the project, including Deposit Account No. DDA0234. 6. The Applicant shall be required to pay Land Development Fees based on the final approved Building Plans for the Project. a. Sewer Connection and Capacity Fees b. Traffic Signal Fees c. Public Facilities Development Impact Fees (PFDIF) d. Eastern Transportation Development Impact Fees (ETDIF) Planning Commission Resolution No. PCS-18-0001 Page 6 e. Other Engineering Fees as applicable per City of Chula Vista Master Fee Schedule. 7. 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. Final Map 8. 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. 9. The Applicant 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 Grading Permit approval, documentation shall be provided, to the satisfaction of the City Engineer, to demonstrate such compliance. 10. Prior to approval of the Final Map, the Applicant shall present verification to the City Engineer in the form of a letter from the Otay Water District that the subdivision will be provided adequate water service and long-term water storage facilities. 11. The Applicant shall enter into an agreement prior to approval of the Final Map to secure all Public Improvements required for the development of the Project. 12. The Applicant shall agree to hold the City harmless from any liability for erosion, siltation, habitat impact, or increased flow volume or discharge rate resulting from this Project. 13. Prior to approval of any Construction Permit, the Applicant shall ensure that all emergency access roads are designed with a Traffic Index of 5 and constructed out of concrete or as approved by the City Engineer. 14. The Applicant shall submit and obtain approval of the Covenants, Conditions and Restrictions (CC&R’s) by the City Attorney, City Engineer, and the Director of Development Services Department prior to approval of the Final Map. Said CC&R’s shall include the following: a. Indemnification of City for private sewer spillage. b. Indemnification, Defense & Hold Harmless of City. c. Listing of maintained private facilities. d. The City’s right but not the obligation to enforce CC&R’s e. 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. Planning Commission Resolution No. PCS-18-0001 Page 7 f. Maintenance of all walls, fences, lighting structures, paths, recreational amenities and structures, sewage facilities, drainage structures and landscaping. g. Implement education and enforcement program to prevent the discharge of pollutants from all on-site sources to the storm water conveyance system. 15. Said CC&R’s shall be consistent with Chapter 18.44 of the Subdivision Ordinance and shall be recorded concurrently with the Final Map. 16. Prior to the approval of any Building Permit, the Applicant shall submit duplicate copies of all commercial, industrial 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 drains on site. B. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 1. Approval of this request shall not waive compliance with any sections of the CVMC nor any other applicable City Ordinances in effect at the time of Building Permit issuance. 2. 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, (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 and (c) any environmental determinations for the Project. 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. 3. 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 Applicant as to any or all of the Property. 4. 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. Planning Commission Resolution No. PCS-18-0001 Page 8 5. 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. 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 Government Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. V. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and 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 Date ________________________________ _______________________ Signature of Applicant Date Planning Commission Resolution No. PCS-18-0001 Page 9 ________________________________ _______________________ Printed Name of Applicant Date 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. 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 City of Chula Vista Planning Commission does hereby approve Tentative Subdivision Map (PCS-15-02), subject to the conditions listed above for the subdivision of a 5.72-acre site into ten (10) condominium units for individual ownership at 2430 Fenton Street. Presented by: Approved as to form by: Kelly Broughton Glen R. Googins Development Services Director City Attorney Planning Commission Resolution No. PCS-18-0001 Page 10 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this _____ day of ___________, 2019, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Gabe Gutierrez, Chair ATTEST: ____________________________ Patricia Salvacion, Secretary