HomeMy WebLinkAboutPC Packet 6.24.20CHUL STA
Planning Commission
SPECIAL MEETING OF THE HOUSING ADVISORY COMNUSSION A
MEETING JOINTLY WITH THE PLANNING COMMISSION Ymwl;
OF THE CITY OF CHULA VISTA
June 24, 2024 VIA TELECONFERENCE
6:00 p.m. 276 Fourth Avenue
Chula Vista
PLEASE NOTE THAT, PURSUANT TO THE GOVERNOR OF THE STATE OF CALIFORNIA'S
EXECUTIVE ORDER N-29-20, AND IN THE INTEREST OF THE PUBLIC HEALTH AND SAFETY,
MEMBERS OF THE PLANNING COMMISSION AND THE HOUSING ADVISORY
COMMISSION AND STAFF MAY PARTICIPATE IN THIS MEETING VIA TELECONFERENCE.
IN ACCORDANCE WITH THE EXECUTIVE ORDER, THE PUBLIC MAY VIEW THE MEETING
ONLINE AND NOT IN THE COUNCIL CHAMBERS.
HOW TO WATCH: Members of the public can access a link to the livestream at
www.chulavistaca.gov/boards.
HOW TO SUBMIT COMMENTS: Visit the online eComment portal for this meeting at:
h s:llchulavista. anicusideas.comlmeetin s. The commenting period will be open shortly
after the agenda is published for a particular meeting and will remain open through the
meeting, as described below. All comments will be available to the public and the Planning
Commission and the Housing Advisory Commission using the eComment portal. Comments
must be received prior to the time the Chair calls for the close of the commenting period.
Comments. received after such time will not be considered by the Planning Commission and
the Housing Advisory Commission. If you have difficulty or are unable to submit a comment,
please contact Kelly Broughton for assistance at kbroughton@chulavistaca.g❑v.
ACCESSIBILITY: Individuals with disabilities are invited to request reasonable modifications
or accommodations in order to access and/or participate in the Joint Planning Commission
and the Housing Advisory Commission meeting by contacting the Development Services
Department at psalvacion@chulavistaca.gov (California Relay Service is available for the
hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting.
***The City of Chula Vista is relying on commercial technology to Iivestream and accept
public comments via Granicus, Inc. With the increase of virtual meetings, most platforms are
working to scale their systems to meet the new demand.. If we have technical difficulties, we
will resolve them as quickly as possible. City staff will take all possible measures to ensure a
publicly accessible experience. ***
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P a g e 12 Joint Meeting of the Planning Commission and Housing Advisory Commission
June 24, 2020
CALL TO ORDER
ROLL CALL PLANNING COMMISSION: Commissioners De La Rosa, Milburn, Nava,
Torres, Zaker, and Chair Gutierrez
MOTION TO EXCUSE: Commissioner Burroughs
ROLL CALL HOUSING ADVISORY COMMISSION:
Bustamante, Cabral, Lisama, Merino, Owusu, Chair Quero
PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
PUBLIC COMMENTS
Persons may address the BoardlCommission on any subject matter within the
BoardlCommission's jurisdiction that is not listed as an item on the agenda. State law
generally prohibits the Board/Commission from discussing or taking action on any issue not
included on the agenda, but, if appropriate, the BoardlCommission may schedule the topic for
future discussion or refer the matter to staff, If you wish to comment please submit comments
electronically at: https.-Ilchulavista.granicusideas.com/meetin s.
PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required by law. If you
wish to comment on one of these items, please submit comments electronically at:
htt s:llchtilavista. ; anicusideas.conilmeetin s.
1. Presentation on the Status of the 2021-2029 Housing Element (6' Cycle) and
Acceptance of Comments
Staff will provide a presentation on the following: 1) Progress in preparing the 2021-
2029 Housing Update (6th Cycle); 2) Application of State housing element law and
recent housing -related laws; 3) Chula Vista's housing profile; 4) Community input
received to date; and, 5) Accept public and Commission comment and recommendations.
Presented by Leilani Hines, Housing Manger
2. PUBLIC HEARING
DR19-00061MPA19-0015 Request for a Design Review and Coastal Development
Permit to allow for the combined 17,180 square -foot
expansion of two existing buildings on a 3.91 acre
subcomponent ("Parcel N") of the approximately 40
acre Collins Aerospace/Rohr Campus located at 850
Lagoon Drive (APN 571-330-29).
Project Manager: Jeff Steichen, Associate Planner
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P a g e 13 Joint Meeting of the Planning Commission and Housing Advisory Commission
June 24, 2020
Staff Recommendation:
That the Planning commission approve Resolution DR19-0006IMPA19-0015 allowing for the
expansion of two existing buildings of the approximately 40 acre Collins Aerospace/Rohr Campus
located at 850 Lagoon Drive.
That the Planning commission conduct a public hearing and adopt the proposed
resolutions as follows:
■ Approve Resolution DR19-00061MPA19-0015 approving the expansion of two
existing buildings of the Collins Aerospace/Rohr Campus located at 850 Lagoon
Drive.
3. PUBLIC HEARING
IS18-0004, MPA18-4015, PCZ18-0007., PC818-0006, DR18-0401, and ZAV18-0001
Consideration of Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program for amendment to the General Plan, Rezone, Tentative
Subdivision Map, Design Review, and a Variance for a one -lot 141 -unit
condominium project located at 676 Moss Street.
Applicant: Shopoff Realty Investments, LLC
Project Manager: Oscar Romero, Associate Planner
Staff Recommendation:
That the Planning Commission conduct a public hearing and adopt a Resolution for IS 18-0004,
MPA18-0015, PCZ 18-0001, PCS 18-0006, DRI 8-0001, and ZAV18-0001 recommending that
the Chula Vista City Council adopt:
3a. A resolution adopting the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program;
3b. A resolution for amendments to the Chula Vista General Plan in accordance with
the findings and subject to the conditions contained therein;
3c. An ordinance for a Rezone, in accordance with the findings and subject to the
conditions contained therein;
3d. A resolution for a Tentative Map in accordance with the findings and subject to the
conditions contained therein; and,
3e. A resolution for a Design Review Permit in accordance with the findings and subject
to the conditions contained therein; and
3f. A resolution for variance accordance with the findings and subject to the conditions
contained.
That the Planning commission conduct a public hearing and adopt the proposed resolutions as
follows:
me
P a b e 14 Joint Meeting of the Planning Commission and Housing Advisory Commission
June 24, 2020
■ Approve Resolutions IS 18-0004, MPA18-0015, PCZ 18-0001, PCS 18-0005, DR18-0001
and ZAV18-0001 for a condominium project located at 676 Moss Street.
OTHER BUSINESS
4. DIRECTOR'S REPORT - Fiscal Year 2019-2020 Annual Report
Staff Recommendation: That the Planning Commission approved the Fiscal Year 2019-
2020 Annual Report.
5. COMMISSIONERS COMMENTS
ADJOURNMENT to the regular meeting on July 8, 2020 via teleconference in Chula Vista,
California.
Materials provided to the Planning Commission related to any open -session item an this agenda
are available for public review at htt s:Ilchulavista. granicusideas.com/meetior by
contacting the City Clerk at cityclerk@chulavistaca.gov.
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ITEM 1
PRESENTATION OF THE STATUS OF THE 2021-
2029 HOUSING ELEMENT (6T" CYCLE) AND
ACCEPTANCE OF COMMENTS
(No attachments)
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5 M.
MEMO
Development Services Department Development Planning Division
DATE: JUNE 14, 2020
TO: CHAIR GUTIERREZ AND MEMBERS OF THE PLANNING COMMISISON
FROM: JEFF STEICHEN, PROJECT MANAGER/ASSOCIATE PLANNER
VIA: KELLY BROUGHTON, DIRECTOR OF DEVELOPMENT SERVICES
SUBJECT: DR19-0006/MPA19-0015 REQUESTING DESIGN REVIEW AND COASTAL
DEVELOPMENT PERMIT APPROVAL
CITY Q�
CHUiAVISTA
The above referenced item is a request for a Design Review and. Coastal Development Permit to allow for the
combined 17,180 square -foot expansion of two existing buildings on a 3.91 acre subcomponent ("Parcel N") of
the approximately 40 acre Collins Aerospace/Rohr Campus located at 850 Lagoon Drive (APN 571-330-29).
Because the requested square -footage expansion is less than 20,000 square -feet, the Design Review Permit
would normally be approved/ by the action of the ,Zoning Administrator. Due to the location of the project site
within the Coastal Zone, the request also includes a Coastal Development Permit, which pursuant to Section
19,83.009 of the CVMC, requires a Public Hearing. While the recent orders to allow for virtual public hearings
in response to COVID-19 (California Governor's Executive Order N-29-20 and the City of Chula Vista
Director of Emergency Services Order 002-8-2020) allow for virtual public hearings to take place, they only
address public hearings before the Planning Commission and City Council. Because no provision was provided
for conducting a virtual Zoning Administrator public hearing, and pursuant to Section 19.14.050 of the CVMC
it became necessary for this project to be elevated to the Planning Commission level in order to allow for the
required public hearing to be conducted remotely.
The Project proposes the expansion of two existing on-site manufacturing buildings. Existing Building 115 is
currently 6,048 square -feet. There is proposer/ expansion of 2,752 and 1,256 square feet for total of 4,008
square -foot expansion. Existing Building 118 is currently 10,490 square -feet. The expansion will consist of
three components totaling 12,348 square feet. Buildings 115 and 118 are being expanded to include relocated
processes from other buildings within the Collins Aerospace/Rohr campus. Several buildings are being sold
to accommodate sold to accommodate their new workflow and, as a result, the activities remaining in those
buildings are being consolidated into Buildings 115 and 118. These new expansions will contain lab and
storage areas to facilitate their aerospace parts testing activities.
The Project has been designed so that all of the expansion areas of Buildings 115 and 118 are designed to be
architecturally compatible with the existing building and include upgraded building materials. A parking
analysis was conducted which indicates more than adequate existing on-site parking is available to
accommodate the proposed expansion. The analysis indicates a total of 1,231 parking spaces are available
with only 1,037 total parking spaces required.
276 Fourth Avenue, Chula Vista, CA 91910 f www.c — 7 — taca. o❑
g 1 {619} 691-5101 1 fax (619) 409-5859
Attached is Planning Commission Resolution which describes the required findings for granting of the
requested Design Review and Coastal Development Permits.
Attachments:
1, Locator Map
2. Planning Commission Resolution
3. Project Site Plan
4. Project Plan Set
276 Fourth Avenue, Chula Vista, CA 91910 www.c-.-8—:aca.gov (619) 691-51.01 fax (619) 409-5859
ATTACHMENT
CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT
LOCATOR PROJECT HasKel
APPLICANT:
PROJECT
ACORESS: 850 Lagoon ❑rive
SCALE: FILE NUMBER:
NORTH No Scale DRI 9-0006
LAGahe FilesWcmap LocatorTempA4*%1 ocatorsOR19GOW.al. 04,16.19
PROJECT DESCRIPTION:
MISCELLANEOUS
Project Summary: Proposing the expansion of two existing buildings
(3,008 sq. ft. expansion building 115 and 5,829 sq, ft. expansion
building 118).
rs ''" d eases; None
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Attachment 2
RESOLUTION NO. DR19-00061MPA19-0015
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING A DESIGN REVIEW PERMIT DR19-0006
AND COASTAL DEVELOPMENT PERMIT MPA19-0005 TO ALLOW
THE FOR THE COMBINED 17,180 SQUARE -FOOT EXPANSION OF
TWO EXISTING BUILDINGS WITHIN THE COLLINS AEROSPACE
CAMPUS LOCATED AT 850 LAGOON DRIVE (APN 571-330-29).
WHEREAS, on March 29, 2019, a duly verified application for a Design Review Permit
and on August 7, 2019, a Coastal Development Permit were filed with the City of Chula Vista
Development Services Department by Stephen Dose (Applicant); and
WHEREAS, the application requests approval of a Design Review Permit and Coastal
Development Permit to allow for the 4,800 square -foot expansion of Building 115 and the
12,380 square -foot expansion of Building 118 on a portion of 39.4 acres (Project); and
WHEREAS, the area of land which is the subject of this Resolution is an existing
parcel located at 850 Lagoon Drive within the Harbor District of the Bayfront Local Coastal
Plan/Specific Plan (LCF) and is also known as a portion of Parcel Area 2-b of the LCP Planning
Area (Project Site); and
WHEREAS, The Project constitutes development pursuant to Coastal Act Section 30106 as
it would result in the placement of solid material, erection of structures, grading, and change in
intensity of land use. Pursuant to the California Coastal Act, the proposed development is
considered "appealable". Chapter 7 of the Coastal Act regulates development within the California
Coastal Zone and issuance of Coastal Development Permits (CDPs). Section 30603 of Chapter 7
specifies the sole categories of development that may be appealed to the Coastal Commission. The
project is appealable because, as per the City of Chula Vista's (City) certified Local Coastal
Program (LCP) it is located between the sea (as defined by the Coastal Act) and the first inland
continuous road paralleling the sea. The Project is fully consistent with Public Resources Code
Section 306040, 30210-30224, and the Coastal Act public access and recreation policies referenced
herein; and
WHEREAS, The Project is consistent with the Objectives and Policies of the LCP, which
includes, by reference, the Chula Vista Bayfront Natural Resources Management Plan (NRMP), and
the Chula Vista Bayfront Mitigation Monitoring and Reporting Program (M MR.P) (collectively,
LCP Provisions); and
WHEREAS, the Director of Development Services has reviewed the Project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
Project qualifies for a Class 32 categorical exemption pursuant to Section 15332 (In -fill
Development Projects) of the State CEQA Guidelines. Thus, no further environmental review is
necessary; and
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Page 2
June 24, 2020
WIIEREAS, the Director of Development Services set the time and place for a hearing
on the Design Review Permit 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 its mailing to
property owners and residents within 1,000 feet of the exterior boundaries of the property at least
10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised in the Council
Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter
closed.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Chula Vista that it hereby makes the following findings:
DESIGN REVIEW FINDINGS:
I. The proposed development, as conditioned, is consistent with the development regulations
of the Bayfront Local Coastal PlanJSpecifac Placa, the Chula Vista Municipal Code and
the design regulations contained in the City's Design Manua&
The Project. Site is located in the I -G (General Industrial) zone which allows for a variety of
light and general industrial type of uses. The proposed use of the building expansion areas is
consistent with general industrial type of use. Specifically, Buildings 115 and 118 are being
expanded to include relocated processes from other buildings within the Rohr/Collins
Aerospace campus. Several buildings are being sold to accommodate their new workflow
and, as a result, the processes remaining in those buildings are being consolidated into
Buildings 115 and. 118. These new expansions contain lab and storage areas to facilitate
their aerospace parts testing activities. The proposed expansion is consistent with the
development standards outlined in the Bayfront LCP/Specific Plan.
A Parking Analysis for the portion of existing campus on north side of "G" Street (dated
February 6, 2020) was provided by the Applicant/Permittee since this is the area of the
campus which includes Buildings 115 and 118. This analysis clearly demonstrates there is
adequate on-site parking available to accommodate the combined 16,356 square -foot -
expansion of Building 115 and 118. Utilizing parking ratios of 1:1000 for Industrial and
1:800 for manufacturing, the analysis indicated 16,346 square -foot expansion would require
an additional 23 parking spaces. 'This, along with parking required for existing buildings,
would result in a total of 1,037 spaces required The analysis indicated that a total of 1,231
parking spaces were available, well in excess of the required. There is more than adequate
parking to accommodate the proposed expansion. Due to the surplus of available parking
spaces, it was detemained the inclusion of the remainder of the Rohr/Collins Aerospace
campus in the overall parking analysis was not necessary.
2. That the proposed Project is consistent with the design requirements and
recommendations contained in the Bayfront Local Coastal Program (LCP)I Specific Placa
and development standards of the Chula Vista Design Guidelines.
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Page 3
June 24, 2020
Section B Subarea 2- Harbor District of the Bayfront LCP acknowledges the existence of
the Goodrich Industrial and Manufacturing facility prior to the adoption of specific design
criteria contained in the LCP, and anticipates limited expansion in the future. While no
specific criterion is therefore specified, it indicates the desirability of aesthetic
improvements. The Project has been designed so that all of the expansion areas of Buildings
115 and 118 are designed to be architecturally compatible with the existing buildings and
include upgraded building materials. These upgraded building materials include: Insulated
metal panels in a batten pattern with high-performance "Sandstone" (a beige/buff color)
paint to match existing CNN block at Building 115, metal doors, roll up doors and window
frames painted a warm gray, and at expansion of Building 118 Concrete Masonry Units to
match existing building patterns (smooth and split face), color (RCP "Beige" and "La PaZ'
and stack style (running bond or stack). The color palette chosen consists of gray and beige
tones which both match and complement the colors of the existing buildings.
BE IT FURTHER RESOLVED that the Planning Commission, based on the findings
above, hereby approves the Design Review Permit subject to the following conditions:
I. The following shall be accomplished to the satisfaction of the Director of Development
Services, or designee, prior to issuance of Building Permits, unless otherwise specified:
Planning Division
1. The Project Site shall be developed and maintained in accordance with the approved plans,
which include Site and Landscape Plans, Floor Plan, and Elevation Plan on file in the
Development Planning Division, the conditions contained herein, and Chula Vista Municipal
Code ("Municipal Code" or "CVMC") Title 19.
2. Prior to, or in conjunction with the issuance of the first building permit, the
Applicant/Permittee shall pay all applicable fees, including any unpaid balances of permit
processing fees for deposit accounts DDA0123 and DDA0508.
3. The colors and materials specified on the building plans shall be consistent with the colors
and materials shown on the site plan and colored materials sheet approved by the Zoning
Administrator.
4. All roof appurtenances, including air conditioners and other roof mounted equipment and/or
projections shall be shielded from view and the sound buffered from adjacent properties and
streets. Such screening shall be architecturally integrated with the building design.
5. All ground mounted utility appurtenances such as transformers, AC condensers, etc., shall be
located out of public view and adequately screened through the use of a combination of
concrete or masonry walls, berming, and/or landscaping.
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Page 4
June 24, 2020
6. All exterior lighting shall include shielding to remove any glare from adjacent residents.
Details for said lighting shall be included in the architectural plans.
The Applicant/Permittee shall obtain approval of a sign permit for each sign. Signs shall
comply with all applicable requirements of the Municipal Code,
8. Prior to the issuance of any site development permits, the Applicant/Permittee shall submit
health and safety plan/soil management plan reports to the County of San Diego Department
of Environmental Health for approval under the Voluntary Assistance Program (VAP).
9. Permittee shall conform to, and this Permit is subject to, the permit rules and regulations of
the City, including, but not limited to, the City's Coastal Development Permit Regulations.
LAND DEVELOPMENT DWISON
10. Prior to issuance of Grading or Building Permits, whichever occurs first, 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. The implementation and maintenance of the post -construction BMP's
constitute regulatory obligations for the Applicant/Permittee/Permittee, and failure to comply
with the Municipal Permit or the City approved SWAMP, including the specific BMPs
contained therein, may constitution a violation of this permit and a violation of City Code.
11. Additional deposits or fees in accordance with the City Subdivision Manual, and Master Fee
Schedule may be required for the submittal of the following items:
a. Construction Plans
12. A construction permit is required to perform the following work in the ng work in the City's
right-of-way, which may include, but is not limited to:
• Removal and replacement of any broken or damaged curb, gutter, and sidewalk
per SDRSD G-2, and G-7 along the project's frontage to the satisfaction of the
City Engineer. Sidewalk shall be designed and constructed with proper
transitions to existing conditions.
• Additional asphalt paving for the replacement of the existing curb, gutter and
sidewalk.
■ Utilities Trenching and Restoration per CVCS GSI -03.
■ Separate permits for other public utilities (gas, electric, water, cable, telephone)
shall be required, as necessary.
■ The construction and completion of all improvements and release requirements
shall be secured in accordance with Section 18.17 of the Municipal Code.
13. 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.
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Page 5
June 24, 2420
14. 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.
15. 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.
Building Division
16. The Project shall be designed by an Architect or Engineer licensed by the State of California.
[California Business and Professional Code 5536.1, 67351.
17. The Applicant/Permittee shall provide a Note on the cover sheet indicating this Project will
comply with 2016 California Building Code, 2016 California Energy Code, 2016 California
Fire Code, 2016 California Electrical Code, 2016 California Plumbing Code, 2016 California
Mechanical Code, and 2416 California Green Standards Code as adopted and amended by
the State of California and the City of Chula Vista. The City will adopt 2019 codes as of
January 1, 2020. If building plans are not submitted prior to that date, then compliance with
2019 codes will.be required.
II. The following on-going conditions shall apply to the Project as long as it relies on this
approval:
18. The Applicant/Permittee shall install all landscaping and hardscape improvements in
accordance with the approved Landscape Plan. Landscaping shall be maintained by the
owner and successor in perpetuity, including any street trees in the aright of way.
19. Approval of the Design Review shall not waive compliance with any sections of Title 19 of
the Municipal Code, nor any other applicable laws and regulations in effect at the time of
building permit issuance..
20. The Property. Owner and Applicant/Permittee shall and do agree to indemnify, protect,
defend and hold harmless City, its City Council members, Planning Commission. members,
Zoning Administrator, 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 and issuance of this Design Review approval, (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 and (c) any environmental determinations for the Project.
The Property Owner and Applicant/Permittee shall acknowledge their agreement to this
provision by executing a copy of this Design Review approval where indicated below. The
Property Owner's and Applicant/Permittee's compliance with this provision shall he binding
on any and all of the Property Owner's and Applicant/Permittee's successors and assigns.
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Page 6
June 24, 2020
21. This Design Review approval shall become void and ineffective if not utilized within three
years from the effective date thereof, in accordance with Section 19.14.600 of the Municipal
Code.
III. GOVERNMENT CODE SECTION 66020(d)(1) 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 Code Section
66020(a) and failure to timely follow this procedure will bar any subsequent legal action
to attack, review, set aside, void or annul 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 this 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.
IV. 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. Failure to return the signed true copy of this document within 30
days shall indicate that the Property Owner/Applicant/Permittee'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
Name of Property Owner
Signature of Applicant
Name of Applicant
—16—
Date
Date
Date
Date
Page 7
June 24, 2020
V. 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 farther 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.
VI. 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.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 24th day of rune 2020, by the following vote, to -wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Patricia Salvacion, Secretary
Presented by:
Kelly Broughton
Director of Development Services
Gabe Gutierrez, Chair
—17—
Approved as to form by;
Glen R. Googins
City Attorney
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ITEM 2
DR 19-0006/M PA19-0015
ATTACHMENT 3
Project Site Plan
(shared electronically)
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ITEM 2
DR19-0006/M PA19-0015
ATTA C H M ENT 4
Project Pian Set
(shared electronically)
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C H U L A VISTA
PLANNING
COMMISSION
AGENDA STATEMENT
Item: 3
Meeting Date: 6124120
ITEM TITLE: Public Hearing: IS18-0004, MPA18-0015, PCZ18-0001, PCS18-0406, DR18-
0001, and ZAV18-0041 Consideration of Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program for amendment to the General
Plan, Rezone, Tentative Subdivision Map, Design Review, and a Variance for a
one -lot 141 -unit condominium project located at 676 Moss Street.
SUBMITTED BY: Oscar Romero, Associate Planner
REVIEWED BY: Kelly Broughton, FASLA, Development Services Director
INTRODUCTION
Shopoff Realty Investments, LLC ("Applicant" or "Developer) proposes a General Plan Amendment
from Limited Industrial (IL) to Residential High (RH), Rezone from Limited Industrial (ILP) to
Apartment Residential (R-3), Tentative Subdivision Map (TM), Design Review (DR), and Variance
(ZAV) to request conversion of an existing industrial facility to a 141 -unit (2 & 3 bedroom)
condominium complex consisting of 18 three-story buildings with attached 2 -car garages, tot lot and
common open space on an approximately 6.94 acre lot. The variance will support the encroachment into
the front yard setback; there is an existing double barreled 10'x12' culvert as part of the Telegraph
Canyon Channel requiring a 45 -foot easement bisecting the site and creating a hardship requiring the
applicant to propose the front yard setback at 10' instead of 15' due to the building shift away from an
existing culvert easement (the "Project"). On December 7, 2018 the Applicant filed applications to
process all of the subject items.
The Project site is located along the north side of Moss Street, east of an industrial building and rail line
adjacent to Industrial Boulevard. The site is located between existing multi -family residential
apartments to the east, industrial uses to the west and north, and single-family residential across Moss
Street to the south,
The Project requires Environmental Review and an amendment to the City's General Plan, a Rezone, a
Tentative Subdivision Map, a Design Review Permit and a Variance as listed below:
Item Permit
Mitigated Negative Declaration IS18-0044
General Plan Amendment MPA18-0415
Rezone PCZ18-0041
Tentative Map PCS18-0406
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Planning Commission.
June 24, 2020
Item 1 - Page No. 2
Design Review DR18-0001
Variance ZAV18-0001
Because the project is consolidated in accordance with Section 19.14.050 of the Chula Vista Municipal
Code (CVMC), all entitlements will be considered by the City Council. The Planning Commission
recommendation to the City Council is limited to legislative actions (e.g,, requested amendments to the
General Plan).
PUBLIC INPUT
A meeting was held at the Chula Vista Library, South branch to inform the public about the proposed
Project and receive input on September 4, 2019. Concerns raised by the public at the meeting included:
1. potential adverse parking impacts to the neighborhood and allowance for boats and recreational
vehicles onsite;
2. traffic impacts to the area;
3. potential environmental impacts and California Environmental Quality Act determination in
utilizing a Mitigated Negative Declaration (MND) vs. Environmental Impact Report (EIR);
4. pedestrian safety from poor condition of existing sidewalks;
5. potential job loss from the existing uses associated with the land use change from Industrial to
Residential and.
6. the fiscal impact to the City's General Fund and revenues.
Based on the concerns raised, the following Project features were revised and/or established in response:
1. The Project provides all required parking (2 spaces per unit) onsite in private garage spaces
connected to each respective unit, as well as 64 surface parking spaces in excess of the
municipal code requirements for visitors and tenants.
2. A Traffic Analysis was performed utilizing the Vehicle Miles Traveled (VMT) methodology
based on the California Governor's Office of Planning and Research (OPR) Technical Advisory
(December 2018). The VMT analysis determined that the Project generates roughly 60% of the
VMT of the average in the area, well below the 85% threshold and concluded that there would be
no traffic impacts.
3. All potential significant environmental impacts can be mitigated, therefore, the City as the lead
agency has determined that an MND prepared for this Project is consistent with California
Environmental Quality Act provisions.
4. There are currently no sidewalks fronting the site. The Project will provide full street improvements
including sidewalks, curb and gutter along the entire width of the frontage along Moss Street.
5. An Industrial Lands Analysis (ILA) was prepared to determine the potential impact of job loss as a
result of this Project. The ILA indicates that the 2,145 acres of land currently designated for industrial
uses in the City far exceeds the total projected demand for industrial land through 2050 (888 acres).
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Planning Commission
June 24, 2020
Item 1 - Page No. 3
There are currently 731 acres of industrial land in use and over 1,400 acres of unused or vacant
industrial land available for future growth. It is projected that another 157 acres of industrial land will
be required to meet the demand for industrial development through 2050, The 1,414 acres of currently
available vacant industrial land is almost nine (9) times the projected demand of 157 acres through
2050. The Project would have a negligible effect on the City's employment capacity and will not affect
the City's ability to meet projected industrial growth. The businesses on the project site currently
employ up to 38 persons. The businesses will need to locate elsewhere. As noted, there are 2,145 acres
of industrial land in Chula Vista (731 acres developed and 1,414 acres available for industrial
development) to accommodate these businesses in Chula Vista. The primary tenant with 14 employees
has reportedly already signed a lease to relocate nearby.
6. A Fiscal Impact Analysis (FIA.) was prepared to determine the net fiscal impact of the existing
(Industrial) and proposed (Residential) land uses on the City's General Fund The FIA concluded that
the proposed land use would result in a net positive fiscal impact to the City in the amount of $311,000
over 20 years, compared to the existing land use which currently results in a net deficit of
approximately ($29,000) over the same time period. The FIA found that industrial redevelopment on
the site is not feasible based on anticipated construction and potential project sales prices. The residual
land value would be lower than the value of the existing land and .improvements of the site by
approximately $1.4 to $1.9 million.
Staff prepared a response to the issues. raised by the residents. The response document is attached (see
Attachment 3).
The current General Plan land use designation for the 6.9 -acre Project site is Limited Industrial (IL).
The proposed Project requires amendments to the General Plan (GP), a Rezone, a Tentative Map, and
requires approval through the processing of a Design Review Permit and a Variance. All are subject to
review by the Planning Commission and approval by the City Council. The MND analyzes potential
impacts to traffic, air quality, visual, global climate change, noise, land use, public services and utilities,
and other environmental issue areas.
The property has been historically used for industrial purposes, specifically, industrial repair,
fabrication, and salvage. It is currently occupied by five businesses, with an estimated 30-40 employees.
High density apartments are located immediately east and single-family residential across Moss Street to
the south.
The project site is located at 676 Moss Street (the "Site") within the Harborside Neighborhood of the
City. The Site lies within the Southwest Planning Area and Montgomery Subarea, as defined in the
General Plan (Section 8.2).
The Project will provide additional high-density housing to southwest Chula Vista. The Project is
compatible with, complements, and strengthens the neighboring residential developments by removing a
noxious industrial use from an otherwise predominantly residential environment along Moss Street. The
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Planning Commission
June 24, 2020
Item 1 - Page No. 4
proposed Residential High (RH) General Plan designation is compatible with the existing RH adjacent
to the east, Limited Industrial designations to the north and west and provides an additional buffer
between industrial uses to the north and single-family residential to the south. The Project would create
an alignment of uses on both sides of Moss Street between Colorado Avenue and Broadway.
The proximity to other high-density housing, regional transit options, commercial businesses, and public
facilities creates the opportunity to develop a pedestrian -friendly and transit -accessible housing project
that aligns with the goals and policies of the General Plan,
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed Project for compliance with the
California Environmental Quality Act and has conducted an Initial Study, IS -18-0004 in accordance
with the California Environmental Quality Act (CEQA). Based upon the results of the Initial Study, the
Director of Development Services 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 Director of Development Services has caused the preparation of a Mitigated Negative Declaration,
IS -18-0014 and associated Mitigation, Monitoring and Reporting Program.
Pursuant to the CEQA Initial Study (IS -18-0004) conducted, the Project could result in significant
effects on the environment regarding Biology, Air Quality, Cultural Resources, Noise, Greenhouse Gas,
Hazardous Materials, and Geology. However, revisions to the Project made by or agreed to by the
Applicant as presented in the MND would avoid the effects or mitigate the effects to a point where
clearly no significant effects would occur. The MND IS -18-0004 and Mitigation, Monitoring and
Reporting Program (MMRP) were circulated for public review from April 27, 2020 through May 27,
2020. Approximately 4 comments were received. In accordance with CEQA Guidelines Sections 15088
and 15204, the City has independently evaluated the continents and prepared written responses
describing the disposition of any significant environmental issues raised. The Response to Comments
(RTC's), MND and MMRP are included as Attachments (See Attachment 2).
RECOMMENDATION:
That the Planning Commission conduct a public hearing and adopt a Resolution for IS 18-0004, MPA 18-
0015, PCZ18-0001, PCS18-0006, DR18-0001, and ZAVIS-0001 recommending that the Chula Vista
City Council adopt:
1. A resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program;
2. A resolution for amendments to the Chula Vista General Plan in accordance with the findings
and subject to the conditions contained therein;
3, An ordinance for a Rezone, in accordance with the findings and subject to the conditions
contained therein;
4. A resolution for a Tentative Map in accordance with the findings and subject to the conditions
contained therein; and,
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Planning Commission
June 24, 2020
Item I - Page No. 5
5. A resolution for a Design Review Permit in accordance with the findings and subject to the
conditions contained therein; and
6. A resolution for variance accordance with the findings and subject to the conditions contained.
DISCUSSION:
1. Location, Existing Site Characteristics, and Ownership
The approximately 6.94 -acre Site lies near the corner of Moss Street and Industrial Boulevard within
western Chula Vista. Currently, the Site is used by multiple industrial businesses for fabrication, repair,
and salvage work. There are four permanent structures currently on the Site: three warehouses and one
metal canopy. These structures were constructed during the 1960s and 1970s; no significant investment
has occurred on the Site for decades. The Site frontage on Moss Street is unattractive, lacking sidewalks
and landscaping. The frontage contains dirt and gravel, and the street curb is asphalt, either broken or
missing. There are three large entrances with sliding chain link gates. The Site is enclosed by a chain
link fence with razor wire, with temporary fabric signs and plastic tarps intermittently attached to the
fence, a large back-flow preventer, graffiti, and visible industrial equipment storage.
The Site is approximately 650 feet east of Interstate 5 (1-5) and directly north of a single-family home
neighborhood, designated as Residential Low Density (RLM) in the General Plan. It is bordered by
industrial facilities to the north and southwest, designated as IL in the General Plan. A mobile home
park, designated as Residential Medium Density (RM) in the General Plan, is located about 550 feet to
the southwest, across Industrial Boulevard. Directly west is one small industrial building and rail tracks,
designated as IL and Open Space (OS), respectively, in the General Plan. Further north is a large
residential block, consisting of properties designated as RH, RLM, and RM. Directly to the east are high
density residential apartments and a lightly used parking facility for the Sweetwater Union High School
District. Further east is a mixed-use commercial corridor (MUR), part of the South Broadway Corridor
District.
Direct access to the Site is currently provided on the north side of Moss Street. Regional access is
provided by 1-5 via the Industrial Boulevard exit to the west and I-805 via the L Street exit to the east.
Public transit access is provided by the Palomar Street Trolley Station approximately 0.65 miles to the
south and H Street Station approximately 1.3 miles to the north. A bus stop on Broadway and Moss (0.3
miles from the Site) is served by MTS 932, which provides north -south service and connections to
different trolley stations. Current pedestrian access to the Site is limited, as there is no sidewalk along
the frontage. The Chula Vista Pedestrian Master Plan (CVPMP) specifically calls for the construction of
sidewalk along Moss Street in front of the Site (CVPMP, p. 159).
The Site contains a double barrel 10'x12' box culvert for the end of the Telegraph Canyon drainage
channel which bisects the Site. The Site also contains a short rail -spur and easement which will be
relinquished prior to construction. The Site is entirely developed and consists of almost completely
disturbed land cover. Existing vegetation is limited to a few small trees along the eastern edge and some
minor scrub vegetation along the rail -spur. There are no natural watercourses or other features on the
site.
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Planning Commission
June 24, 2020
Item 1 - Page No. 6
2. Project Description
The Project proposes an amendment to the General Plan to change the land use designation of the
Project Site from Limited Industrial (IL) to High Density Residential (RH). The Project also proposes to
rezone the site from Limited Industrial Precise Plan (ILP) to Residential Apartments (R-3). The new
land use would be limited exclusively to a multi -family condominium complex. Eighteen townhouse and
courtyard -style buildings with 141 residential units would be constructed on the site, achieving a density
of approximately 20 dwelling units per acre (du/ac).
3. Land Use and Zoning
The table below shows the current and proposed General Plan, and zoning designations for the subject
site and the surrounding sites:
4. Proposed Amendments
Following is a brief summary of the proposed amendments to the General Plan and Rezone.
Chula Vista General Plan:
Current Use
Existing General
Proposed General
Existing
Proposed
Plan
Plan
Zoning
Zoning
Site
Multiple industrial
Limited Industrial
Residential High
Limited
Residential
businesses for
(18-27 du/ac)
Industrial
Apartments
fabrication, repair, and
(R-3)
salvage work. There are
four permanent
structures currently on
the site: three
warehouses and one
metal canopy,
North
Industrial facilities
Limited Industrial
NIA
Limited
NIA
Industrial (IL)
East
High density residential
Limited Industrial
N/A
Limited
IL
apartments and a lightly
Residential High
Industrial
R-3
used parking facility for
the Sweetwater Union
High School District,
Further east is a mixed-
use commercial corridor
(MUR), part of the South
Broadway Corridor
District.
South
Single -Family
Residential Low
NIA
R-1
NIA
Mobile -home park
Medium (6-11
du/ac)
West
One small industrial
Limited Industrial
NIA
Limited
N/A
building and rail tracks
Open Space
Industrial
4. Proposed Amendments
Following is a brief summary of the proposed amendments to the General Plan and Rezone.
Chula Vista General Plan:
Planning Commission
June 24, 2020
Item 1 - Page No. 7
Amend Land Use & Transportation (LUT) Element's applicable tables and exhibits to reflect change in
land use designation of 5.9 -acres from Limited Industrial to Residential High. (see Attachment 4).
Chula Vista Municipal Code:
Change the zone from Limited Industrial (IL) to Apartment Residential Zone (R-3).
5. Consistency with Development Standards
The General Plan amendment from Limited Industrial to Residential High and corresponding Rezone
from IL to R-3 will apply the development standards of the R-3 zone. The proposed Project complies
with the R-3 zone standards with the exception of a variance request to allow encroachment into the
front yard setback.
ANALYSIS:
1. General Plan Amendment
Existing Conditions
The Site is located north of Moss Street within the South Broadway District within the Southwest
Planning Area, and currently designated as Limited Industrial. The Site is within an existing urbanized
area with Limited Industrial, Residential High, and Mixed -Use Residential (MUR) designations north of
Moss Street, between Industrial Boulevard and Broadway.
Onsite activities include multiple industrial businesses for equipment rental, .storage, fabrication, repair,
and salvage work. These businesses operate adjacent to the 175 -unit Villa Marina' apartments directly
east, which are affected by noise, dust and odors from these existing businesses. Further east, adjacent to
the Viiia Marina apartments, at the corner of Moss Street and Broadway is the Villa Del Oro 83 -unit
mixed-use apartment complex. High-density residential are the predominant land uses along the north
side of Moss Street between Broadway and Industrial Boulevard.
General Plan Amendment Considerations
The proposed General Plan Amendment (GPA) to change the. land. use designation from Limited
Industrial (IL) to Residential High. (RH 18-27 du/ac), in conjunction with other required entitlements,
would allow for the future development of a higher density 141 -unit condominium development. The
for -sale condos would help meet the need of the surrounding community for additional market -rate
housing. General Plan Objective LUT l calls for a balance of residential and non-residential
development throughout the City. The provision of a higher -density housing project in proximity to
transit, higher -density residential, commercial and industrial uses would promote this balance of uses.
In addition, the proposed condominiums, which are immediately adjacent to an existing higher -density
apartment complex directly east and smaller single-family residential to the south would be designed in
such a manner that it would be consistent with Policy LUT 4.5 of the General Plan, which calls for
maintaining the character and quality of the surrounding neighborhood.
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Planning Commission
June 24, 2020
Item 1 - Page No. 8
Amending the General Plan to RH would allow the development of new condominiums that will support
a current market demand identified by the Applicant for such housing in the area. The proposed new
use would be similar to the adjacent and nearby housing mix which consists of multi- and single-family
products, in order to ensure compatibility with the surrounding land uses.
General Plan Consistency
In terms of General Plan Consistency, the new RH land use designation would be compatible with the
existing adjacent industrial (IL) and high density residential (RH) adjacent to the site, as well as the
single- family homes (RLM) located south of Moss Street.
The following are the major policies that implement the General Plan objective discussed above, and
how the Project proposal complies with the same.
r (LUT 1.6) Attract and maintain land uses that generate revenue for the City of Chula Vista,
while maintaining a balance of other community needs, such as housing, jobs, open space, and
public facilities.
A Fiscal Impact Analysis prepared for the Project indicates an annual positive net fiscal impact
to the City in perpetuity, with expected revenues of approximately $311,000 over the 20 -year
analysis period.
■ (LUT 1.7) Provide high-quality public facilities, services, and other amenities within close
proximity to residents.
The Project is located within walking distance to transit, public services, and amenities.,
including schools, parks, bus stops, and other public facilities. The site is within a high-quality
transit corridor.
■ (LUT 1.9) Provide opportunities for development of housing that respond to diverse community
needs in terms of density, size, location, and cost.
This Project provides a mix of unit types and sizes to accommodate diverse housing needs in the
City. The variation in the: number of bedrooms, bathrooms, options, and private open space all
factor into providing a range of home prices and housing choices.
• (Policy LUT 1.10): Maintain an adequate supply of land designated and zoned for residential
use at appropriate densities to meet housing needs, consistent with the objective of maintaining a
balance of land uses.
This Project creates new residential uses at densities compatible with the adjacent uses,
strengthening the balance of land uses in the immediate surroundings. The RH designation is
consistent with similar high-density land uses north of Moss Street and low -medium residential
densities south of Moss Street. The additional high-density housing would further help the city
in achieving its State mandated Regional Housing Needs Assessment (RHNA) requirements.
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Planning Commission
June 24, 2020
Item I - Page No. 9
■ (Policy LUT 4,2): Protect existing, stable, single-family neighborhoods through zoning or other
regulations that discourage the introduction of higher density residential or other incompatible
or potentially disruptive land uses anchor activities.
This Project is compatible with the adjacent predominantly higher -density housing north of Moss
Street and does not add an incompatible or potentially disruptive land use. It is located across the
street from a single-family neighborhood and would increase the integrity of the residential
neighborhood by providing additional buffer from Industrial uses to the north and aligning
residential uses on Moss Street.
+ (LUT 4.3) Require that new development, or redevelopment, through consideration of site and
building design, and appropriate transition and edge treatments does not negatively affect the
nature and character of nearby established neighborhoods or development.
The Project will be developed on an existing parcel that is proximate to transit, I-5 Freeway and
existing roadways and adjacent to multi- and single-family residential neighborhoods), and
designed with high-quality architecture and open space, which compliments the adjacent
industrial and residential uses. Landscaping and fencing are provided to screen and buffer the
residential from the industrial uses to the north and west.
• (Objective - LUT 11): Ensure that buildings and related site improvements for public and private
development are well-designed and compatible with surrounding properties and districts.
This Project proposes modern architecture that will integrate well into the existing neighborhood.
The provision of 346 parking spaces onsite ensures the neighboring single-family homes will not
be impacted by parking, and the improved frontage will increase pedestrian accessibility and
mobility for residents in the area. A total of 64 guest spaces and 282 private garage spaces are
provided.
■ (LUT 17.2): Direct higher intensity and mixed-use developments to areas within walking
distance of transit, including San Diego Trolley Stations along E, II, and Palomar Streets, -and
new stations along f ature transit lines, including Bars Rapid Transit.
The Project is within 0.3 miles of an MTS 9.32 bus stop on Broadway and within 4.65 miles (15-
20 -minute walk) of the Palomar Street trolley station.
■ (LUT 42.11): Building heights on both sides of Broadway and along Industrial Boulevard in the
South Broadway District shall be primarily low-rise Buildings.
This Project proposes three-story, low-rise
complexes. They are not mid -rise or high-rise
Boulevard.
buildings, similar to the adjacent apartment
They do not front on Broadway or Industrial
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Planning Commission
June 24, 2020
Item 1 - Page No. 10
■ (ED 1.3): Encourage the preservation and expansion of existing industrial uses - in areas
designated as industrial.
This Project is not consistent with the policy to preserve and expand existing industrial uses
because it removes 7 acres of industrial land from southwest Chula Vista; however, based on the
findings of the Industrial Land Analysis it will have no material impact on the ability of the City
to meet future industrial growth. It meets the goals of the policy to ensure the long-term fiscal
health and economic vitality of the City. The Project will;
■ Remove an unattractive, blighted industrial use that diminishes the value of and
investment in surrounding residential property.
■ Clean up the site, which would likely be economically infeasible for industrial reuse.
■ Generate a positive fiscal impact to the City, projected to exceed $311,000 over a 20 -year
timeframe, replacing an existing use that is projected to create a net deficit of $29,000 for
the City over the same period.
■ Complete planned improvements including curb, sidewalks, and landscaping along Moss
Street to the benefit of the entire neighborhood.
The Project Site is very small (0.32 percent) in terms of total allocated industrial lands in the City
(2,145 acres). The 7 -acre site accounts for roughly 1.5 percent of the industrial lands in the
Interstate 5/Industrial Boulevard Corridor (470 acres). The Project does not propose or
encourage the conversion of adjacent industrial uses.
The re -designation of the subject industrial land to high-density residential is beneficial because
it creates a clearer, logical, and natural land use profile on Moss Street, provides additional
buffering and protection of the existing single-family neighborhood, and supports the mixed ewes
in the South Broadway Corridor. Undeveloped industrial lands are designated around the Otay
Landfill and Chula Vista Bayfront, and those will help absorb industrial demand in the City.
There are 1,414 unused acres of industrial land, nearly nine (9) times the amount needed to meet
the projected demand of 157 acres through 2050.
+ (ED 1.5): Consider fiscal implications of General Placa amendments that propose changes to
industrial and commercial lands.
As mentioned above, the Project is anticipated to generate a net positive fiscal impact to the city
in perpetuity, totaling over $311,000 in the first 20 years of the Project, compared to the existing
industrial use that creates an annual net deficit in perpetuity, projected to total more than $29,000
over the same period.
The Project is consistent with GP policies listed above of providing appropriate transitions between land
uses, maintaining the integrity of stable residential neighborhoods, directing higher density housing
within areas served by transit, preserving adequate amount of industrial and commercial lands, and fiscal
impacts of proposals to reduce such lands. As stated above, the Project will be buffered from adjacent
—32—
Planning Commission
June 24, 2020
Item 1 - Page No. 11
existing industrial uses to the north by providing landscaping, walls, and setbacks. The Project would
also provide additional buffer between the industrial uses to the north and existing single-family
residential on the south side of Moss Street that reinforce the importance of maintaining the integrity of
stable residential neighborhoods. The fiscal impact to the City is projected to be a net positive, with the
Project anticipated to generate over $311,000 over the first 20 years, compared to the existing industrial
use of generating a fiscal deficit of $29,000 over the same time period. The Project would therefore
result in a net fiscal benefit to the city of approximately $340,000 over 20 years.
Fiscal Impact Analysis and Public Facilities Financing Plan
As a part of the Project, Kosmont Companies on behalf of the Applicant conducted a Fiscal Impact
Analysis (FIA). The FIA was prepared using the City's approved framework to provide a consistent
evaluation of all Chula Vista projects. The high-density and for sale nature of the residential units are
expected to create frequent sales and reassessments, generating net revenue for the City. The FIA also
analyzes the existing industrial uses located on the property. Based on the City's model, the existing
industrial uses create annual net deficits. The FIA indicates that the Project will generate net positive
revenues in perpetuity (over $311,000 in 20 years), while the existing industrial uses are anticipated to
create fiscal deficits in perpetuity (-$29,000 in 20 years).
Additionally, the FIA studied the potential industrial redevelopment of the property. The analysis found
that even with highly conservative assumptions and low projected development costs, the potential
industrial redevelopment would have a residual land value substantially less than the current value of the
property (approximately $5.1 million versus $6.5 to 7 million dollars). The residual land value is at least
$1.4 million lower than the likely value of the property. Therefore, industrial redevelopment would not
be feasible in the foreseeable future.
The Public Facilities Financing Plan (PFFP) prepared for the City by Michael Baker International,
addresses all of the public facility needs associated with the proposed residential development on the
6.9 -acre site. The PFFP has been prepared under the requirements of the City of Chula Vista's Growth
Management Program (GMF) and Growth Management Ordinance (GMO) (CVMC 19.09). The
preparation of the PFFP is required in conjunction with the preparation of the Tentative Map to ensure
that the development is consistent with the goals and policies of the City's General Plan, GMP and
GMO.
The PFFP for this Project analyzes the proposed 141 -unit addition, any potential impacts on public
facilities and services, and identifies the facilities, phasing and timing triggers for the provision of
facilities and services to serve the Project, consistent with the City's Quality of Life Threshold
Standards. The Project does not require the provision of any off-site public improvements; alI impacts
to public facilities can be effectively mitigated through the payment of development impact fees (DIFs).
The only public improvements required for the Project is the provision of a new sidewalk, curb and
gutter, and landscaping along the Project frontage on Moss Street. The enhanced frontage will be
constructed concurrently with the Project and will not be phased.
Industrial Market Considerations & Industrial .Lands Analysis (ILA)
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Planning Commission
June 24, 2020
Item I - Page No. 12
The Applicant prepared an Industrial Lands Analysis (ILA) to study the potential impacts of the
proposed 7 -acre reduction of the industrial -designated property on the City's supply of existing and
planned industrial inventory (See Attachment 4). The study evaluated the demand and supply of
industrial lands in the year 2035 and 2050 Horizon, and the significance of said 7 -acre reduction.
The key findings are as follows:
• The City's Industrial Lands capacity is 2,145 acres based on the current General Plan.
• Approximately 731 acres of industrial lands were utilized as of 2010. There are 1,414 acres of
designated industrial lands that are not in use.
■ The proposed. 7 -acre industrial lands reduction represents 0.32 percent of the total 2,145 acres of
industrial land in the City.
• The overall required industrial land to meet the demand is 807 acres in 2035, and 888 acres in
2050, which is inclusive of the 731 acres already in use.
• The incremental demand for industrial land is 76 acres by 2035, and 157 acres by 2050. The
available supply in 2035 (1,414 acres) to meet the additional demand (76 acres) represents an
excess of available. land of 18.4 times the demand. The available supply in 2050 (1,414 acres of
vacant industrial land) represents approximately 8.9 times the acreage of the demand (157 acres).
As indicated above, the City's currently -designated industrial land significantly exceeds the
projected demand for industrial lands through a Year 2050 horizon and would be able accommodate
the proposed reduction of 7 acres without adversely affecting the City's employment or industrial
capacity. As demonstrated. by the FIA referenced above, redevelopment of the Site for industrial uses
is not financially viable based on anticipated costs and the projected resultant residual land. value.
2, Rezone
The proposed use is located in a Limited Industrial (ILP) zone with a General Plan designation of
Limited Industrial (IL) that has been amended to Residential High. The Limited Industrial (ILP)
zone: requires a corresponding rezone to the Apartment Residential (R3) to allow a 141 -unit
condominium complex to be approved. The approvals to allow a 141 -unit condominium complex
will be a subsequent City Council action through a consolidated hearing (see Attachment 6, Project
Plans). In addition to the Rezone and Design Review permit, the City Council will also be reviewing
a Tentative Map and Variance applications associated with this Project.
The amended General Plan designation of Residential High allows 18-27 dwelling units per acre, for
which the R3 zone is appropriate for this type of use. The density for the 141 -unit condominium
complex is approximately 20 du/ac, Therefore, the proposed zoning designation of R3 is consistent
with the General Plan.
Conformance with Chapter 19.80 (Controlled Residential Development) of the Chula Vista
Municipal Code
Chapter 19.80 of the Chula Vista Municipal Code requires that the following be analyzed when a
property is rezoned:
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Planning Commission
June 24, 2020
Item I - Page No. 13
19.80.070 Chula Vista Zoning Code Modification
A. Rezoning of property designated for residential development under the City's zoning code shall
be permitted only to the next highest residential density category in any two year period according
to the following schedule:
A
Agricultural Zone
RE
Residential Estates Zones
R-1
Single Family Residential
R-2
One and Two -Family Residential Zone
R-3
Apartment Residential Zone
The property is being rezoned from an industrial zone to a residential zone. The above provision
addresses property that is being rezoned from residential to residential; therefore, this provision is
not applicable.
B. Any annexation of lands within the City's sphere of influence shall conform to the purposes, intent
and requirements of this ordinance.
This proposal does not involve the annexation of any lands
C. After property is annexed by the City, the prezoning approved for the subject property cannot be
amended or changed in any way for a two year period. The provision shall apply only to prezones
approved after the effective date of this ordinance.
This proposal does not involve the annexation of any lands.
D. Rezoning commercial or industrial property to a residential zone shall be permitted only to the
maximum residential density corresponding to the potential traffic generation that was applicable
prior to the rezoning to residential. In addition, property which is rezoned from residential to
commercial or industrial may not be rezoned to a residential category of higher density than that
which was applicable prior to the rezoning to commercial or industrial.
The subject property is currently designated ILP. The first sentence of the above language is what
applies to this proposed rezone from an industrial to a residential category. The rezone of the
property will only be rezoned to the maximum residential density, which is R-3, which complies
with the Chula Vista Municipal Code Section 19.80.070D.
Pursuant to the SANDAG Trip Generation Guidelines, the 6.9 acre Site could generate up to 1,380
average daily trips (ADT's) under the existing Limited Industrial (IL) zoning. A total of 1,128 trips
could be generated under the Apartment Residential (R3) zoning. Therefore, the multi -family
residential use will generate fewer trips than an industrial or commercial use, and the rezone is
thereby consistent with Chula Vista Municipal Code section 19.80.
Additionally, an analysis was prepared entitled Transportation Impact Analysis — Vehicle Miles
Traveled (VMT) — by Linscott, Law & Greenspan, Engineers (LLG), dated 2020. The transportation
—35—
Planning Commission
June 24, 2020
Item 1 - Page No. 14
impact analysis was prepared under the guidance of City Staff, utilizing methodologies presented
within the Governor's Office of Planning and Research (OPR) Technical Advisory developed to
assist with implementation of Senate Bill 743 (SB 743), which resulted in a shift in the measure of
effectiveness for determining transportation impacts from Level of Service (LOS) and vehicular
delay to VMT. VMT analyses are required for use in all CEQA documents as of July 1, 2020.
Pursuant to S13743, Section 15065.3(c) states, "A lead agency may elect to be governed by the
provisions of this section immediately." Projects considered after July 1, 2020 are prohibited from
using LOS to determine transportation impacts and shall apply statewide.
The City use of OPR Technical Advisory guidance for its significance thresholds has determined
that 15% or more reduction in VMT from the regional average, which is 17.60 VMT per capita is the
threshold. Based on the screening map, the VMT per capita for the Project is 10.80 VMT per capita,
which is 61.36% of the regional average. This is equivalent to 38,64% less than the regional average,
and is therefore presumed not to be significant.
Thus, the Project is concluded to have no significant transportation impacts for the purposes of
CEQA, and no VMT-related mitigation measures are required.
All off-site public streets required to serve the subdivision already exist. The on-site private streets
are designed in accordance with the City design standards and/or requirements and provides for
vehicular and pedestrian connections.
3. Tentative Map
The Tentative Map proposes to combine three existing parcels into one 6.9 -acre condominium lot
with 141 units.
Project Access:
Access to the Project is provided via one full access, unsignalized driveway on Moss Street. Emergency
fire access is provided 'via a secondary Project driveway on Moss Street, with access controlled by
removable bollards. The Project proposes private streets .that will provide direct access to the units.
Pedestrian access will be provided by a network of internal sidewalks that connect to Moss Street.
Subdivision Desi :
The subdivision design consists of one lot for eighteen (18) row and courtyard townhome style
residential buildings. The subdivision would include centrally located common open -space and surface
parking spaces available to all residents.
Gradin:
The site is generally rectangular, with a quarter circle located directly north of 680 Moss Street and
south of the Sweetwater Union High School property. The topography of the site is relatively flat with
elevations of approximately 36 feet above mean sea level (AMSL). The property will be graded to
accommodate the proposed residential development, The conceptual grading plan proposes to import
approximately 15,000 cubic yards of fill and raise the site elevation to approximately 38 feet AMSL.
-36-
Planning Commission
June 24, 2020
Item 1 - Page No, 15
The conceptual grading plan would direct drainage into newly constructed storm drains, which would
ultimately flow into the existing box culvert on the site. Stormwater flows would be treated using
proprietary best management practices. The Applicant shall obtain a Land Development Permit prior to
beginning any earthwork activities at the Site and before the issuance of building permits in accordance
with CVMC Chapter 15.05. The Applicant shall also submit grading plans in conformance with the
City's Subdivision Manual and the City's Development Storm Water Manual requirements.
Utilities:
Water and sewer service would be provided by existing mains on Moss Street and Industrial Boulevard.
The proposed water and sewer laterals would be privately owned and maintained.
The Project is within. the Sweetwater Authority service area. The Project proposes separated water and
fire laterals to provide for the required water pressures. Both water and fire laterals will connect to the
existing water main on Moss Street.
Sewer service is provided by the City of Chula Vista. The_ Project proposes two private sewer laterals:
one connecting to an existing main on Moss Street to serve the residential units south of the box culvert,
and another connecting to an existing main on Industrial Boulevard to serve the residential units north of
the box culvert. The lateral connecting to Industrial Boulevard will be installed via trenchless
technology under the M.T.S right of way.
4. Land Use Compatibility
The existing industrial uses are incompatible with the adjacent residential neighbors. The Site directly
abuts high-density residential apartments (Villa Marina Apartments) and is across the street from single
family residential dwellings on Moss Street. The Project will complement the adjacent apartment
complex and single-family neighborhood and complete a logical continuum of residential land uses
while preserving industrial uses west of Colorado Avenue, as specifically called for in the General Plan.
In addition, the Project will provide a logical land use transition and buffer from the low/medium-
density single-family residential south of Moss Street to the limited industrial north of the Site.
5. Design Review
Compliance with Development Standards
R-3 Development Standards:
The Applicant must demonstrate that they are in compliance with all development standards of the R-3
zone unless exceptions are provided for elsewhere in the CVMC. The Project is in compliance with all
development standards with exception of the front and rear yard setback, and is requesting a variance,
which is discussed in Section S of this report.
Re aired for Pro'ect Proposed for Pra'ect
45 feet & 3 '/z. Stories 45 feet
Setbacks:
-37-
Planning Commission
June 24, 2020
Item 1 - Page No. 16
1. * Section 19,14.140 states the grantinb of a variance is an administrative act to allow a variation from the strict application of the
regulations of the particular zone, and to provide a reasonabte use for a parcel of property having unique characteristics by virtue
of its size, location, design or topographical features, and its relationship to adjacent or surrounding properties and
developments.
2, ** t9.28.070(A)(2) In those cases where the rear yard abuts an R-3, commercial or industrial zone, the Planning Commission
may grant up to a 10 -foot reduction in the gear yard setback; provided, it is found that the affected open space has been
transferred to a more beneficial location on the lot.
Site Planning, Com atibili and Scale
:c :,c
Required for ProjectPra
ased for Project
Eton
15 feet
1 Q feet*
S;d Yard-{iriteziar) ': :.::=:' :.'`;'..= .:::
5 feet
12 feet
Side : Yard (exterior)
5.....:.. feet
12 feet
Rear:, ark::.:::;` ':: `:.::: .: ':.:'. ;: ;::
17 feet
15 feet with 2-1t encroackunent *'�
N_ Iaxiriiim:
lot coyera a '.: :::
50%
o
Z spaceslunii`:;'::. =
282
Covered: 282
Open -Guest: 64
Accessible: 2- -
Vans or 4 Cars
`Total Parkin
Spaces,Required--:._ : ' _ ' ;::`. ';' ;: -' :.:282
Total Provided: 346
eii.paee'
�.
ER unit : -
400-square:`feet per ui t .`32 units .` :
12,840 square feet
.... ... . . ......
Common Open Space: 36,864 square feet
48U;Square.feet..per.uriit'34--unit s ``" ..:=:
16,324 square feet
4=1 R':unit::....
560 square feet per 75 f i ts.1.,` ` .::. ';:
42,QQ0 square feet
Private Open Space: 38,247 square feet
q
Total -re tired . .`';
:..........:::.....::..,..;.:..:.:.:: :.::::......:.:
71 124 square feet
q
Total e
Open Space: 75,111 square feet
Miiiiuiri floorarea per ;dwelling Crit:
.2 --Bk Unit `.:'':.'.:.'' ., ,' ::'` < ' :::;:`, :.:
650 sq uare-feet
1 196 & 1 235 square -feet
q t
- -. ..7n.
750 square feet
1,652 & 1,$38 square feet
850 square feet
1,758 & 2,042 square feet
1. * Section 19,14.140 states the grantinb of a variance is an administrative act to allow a variation from the strict application of the
regulations of the particular zone, and to provide a reasonabte use for a parcel of property having unique characteristics by virtue
of its size, location, design or topographical features, and its relationship to adjacent or surrounding properties and
developments.
2, ** t9.28.070(A)(2) In those cases where the rear yard abuts an R-3, commercial or industrial zone, the Planning Commission
may grant up to a 10 -foot reduction in the gear yard setback; provided, it is found that the affected open space has been
transferred to a more beneficial location on the lot.
Site Planning, Com atibili and Scale
:c :,c
Planning Commission
June 24, 2020
Item ] - Page No. 17
The Project was analyzed based on the design guidelines established in the City of Chula Vista Design
Manual. Following is a set of design standards applicable to the proposed Project followed by a
statement indicating how the Project is consistent with those guidelines.
■ The arrangement of structures, parking and circulation areas, and open spaces should recognize
the particular characteristics of the site and should relate to the surrounding built environment
in pattern, function, scale, character and materials;
• Clustering of multi family units should be a consistent site planning element. Large projects
should be broken up into groups of structures. Combining elements of varying height in building
clusters;
■ The scale of multiple family projects should be considered in the context of their surroundings.
Large projects should be broken up into groups of smaller structures and taller -structures should
provide increased setbacks so as not to dominate and impose on surrounding uses and the
character of the neighborhood.
The Project contains 141 condominium units divided into 18 separate buildings ranging in design and
size from single row buildings consisting of 3-plex to 6 -plea, and courtyard buildings starting at 11-plex
to 13-plex condominium units. The overall building arrangement, parking, recreational and open space
areas, and landscaping creates a balanced mix of compact buildings with ample spatial separation on-
site. The Project orientation provides one entry off of Moss Street and one circulation loop for access to
each building and guest parking. Each building is 3 -stories with garage parking on the first level
oriented behind the main entrance of each condominium unit. The building structures are evenly
distributed along the site and have a centrally located common recreation area for residents.
The Project has been designed to integrate and blend with the context, character, and scale of the
surrounding neighborhood. The Project will be a pedestrian friendly development intended to provide
internal connectivity with open space, landscaping and residential units designed to be interior facing
buildings.
The surrounding neighborhoods consist of a mix of building typologies, including 2 & 3 -story multi-
family buildings to the east, single family homes across Moss Street to the south and an adjacent
industrial building to the west and north of the parcel. East of the Project, the newest multi -family
development is within a distance of 900 -ft and built at a height of 3 -stories. Because the existing multi-
family building to the east contains buildings of a similar size (3 stories) along the same street, staff
believes that the proposed height of 45 -feet is compatible with the existing adjacent land use and the R-3
Zone maximum height (45 feet). Other surrounding residential properties to the east are multifamily
buildings with a compatible height of 2 -stories, to the south are 1 -story single-family residential
properties with interior facing entrances oriented east to west not visually impaired by the Project
development.
Walls and Security:
39
Planning Commission
June 24, 2020
Item 1 - Page No. 18
■ When security fencing is required, it should be a combination of solid walls with pilasters and
decorative view segments, or short solid walls and wrought iron grill work combination. barge
expanses of wall surfaces should be offset and architecturally designated to prevent monotony.
Perimeter security fencing is proposed to be a 6.0 -foot Concrete Masonry Unit (CMU) wall with
a precision cap painted in earth tones to blend in with the surrounding landscape areas. Masonry
pilasters shall be located approximately every 100 -feet along the fence line as well as at corner
and entry transitions to break up long runs of fencing.
Building Architecture
• The architecture should consider the compatibility with surrounding character, including
harmonious building style, form, size, color, material and roofline. In developed areas, the new
project should meet or exceed the standards of quality which have been set by surrounding
development.
■ Heights and setbacks within the same building should be varied, and wall planes should be
staggered both horizontally and vertically in order to create pockets of light and shadow and
Provide visual relief from monotonous, uninterrupted expanses of wall..
■ Colors and materials should he complementary to the chosen architectural style and compatible
with the character of surrounding development. Materials for multiple family projects should be
durable and require low maintenance, They should be consistently applied and work
harmoniously with adjacent materials. piecemeal embellishments and frequent changes in
materials should be avoided. Materials tend to appear substantial and integral when material
changes occur at changes in planes.
■ Colors and materials should be consistent with the chosen architectural style and compatible
with the character of surrounding development. Sensitive alteration of colors and materials can
produce diversity and enhance architectural form.
There is no particular architectural style required for multifamily residential structures. However,
high quality, innovative and imaginative architecture is encouraged. The Project has a modern
design, incorporating a stucco, horizontal lap siding, and awnings. Colors and materials are
white, light tan & brown with earth tone variations and red accents. Wall planes are staggered to
create visual relief, and the roof lines are heightened at various points throughout the buildings to
create visual interest. All wall surfaces visible to the public are architecturally enhanced and the
buildings have offsets and'architectural details, consistent with the Chula Vista Design Manual.
Setbacks for the building are met along the interior side yards in the CVMC but require a
variance for the front and allowance for encroachment into the rear yard setback. The Applicant
is requesting a Variance for front yard encroachment as a result of a physical site constraint and
approval from Planning Commission under CVMC Section 19.28.070 for rear yard
encroachment into the setback.
—40—
Planning Commission
June 24, 2020
Item 1 - Page No. 19
The proposed rear yard setback is 15 feet instead of 17 feet. The rear yard setback will not
detrimentally affect the adjacent property or the future residents of the Project. The CVMC
requires that projects add 2 feet of rear yard setback for every stogy over 25 feet, so the required
rear yard setback of the Project is 17 feet. The CVMC specifically allows for the Planning
Commission to grant a 10 -foot reduction in the rear yard setback if the R-3 abuts a commercial
or industrial property, provided that the open space has been transferred to a more beneficial
location on the lot (CVMC 19.28.070.A.2). The Project proposes a 2 -foot reduction in the rear
yard setback from 17 feet to 15 feet. The reduction of the rear yard setback is required due to the
existing box culvert on site, because buildings cannot be constructed on top of or immediately
adjacent to the culvert. Equivalent open space has been transferred to a location in the center of
the Project site, which is a more beneficial and accessible location.
The industrial uses to the north are screened and buffered from the residential units with a 5 -foot
wall and landscaping, including tree species specifically selected to create an effective vertical
buffer along the site boundary. The proposed setbacks and proper screening will protect nearby
uses from noise, light intrusion, and other potentially objectionable influences incidental to
residential use. The maximum allowable lot coverage is 50%, however, the Project proposes a
total lot coverage of 35% percent.
Landscaping & Screening
• Landscape planting is to be used to frame, soften, and embellish the quality of the environment,
to buffer units from noise or undesirable views, to break up large expanses of parking, and to
separate frontage roads within a project from public streets. To accomplish these design
objectives, landscape elements need vertical dimension. Trees and tall shrubs are needed in
addition to grass and groundcover. Trees can also be used to provide shading and climatic
cooling.
■ Landscaping around the base of buildings is recommended to soften the edge between pavement
and the structure. Entrances should be accented to provide focus. Trees should be located
throughout the parking lot and not simply at the ends of parking aisles.
The Project uses extensive landscaping to soften the edges of both the surrounding urban community
and the modern architecture within the Project itself. The portion of the parcel fronting onto Moss Street
is lined with a proposed mix of landscaping to include California Sycamore trees and Australian Willow
and African Sumac along the perimeter of the Site to help shade front yards and provide an additional
layer of visual interest at the edges. The plant palette emphasizes low water use plant material in order
to comply with the Landscape Water Conservation Ordinance (CVMC Chapter 20.12).
A mix of trees, shrubs, and ground cover have been placed throughout the Site, with an emphasis on
placement at the ends of buildings to soften the edge between pavement and structure. In addition, the
interior landscaping along pedestrian -oriented walkways and interior courtyards is consistent with a
pedestrian oriented design to soften pavement and structures.
Open Space
41
Planning Commission
June 24, 2020
Item 1 - Page No. 20
■ Required common open space and recreation areas are expected to be centrally and
conveniently located for all of the residents. Private open spaces should be contiguous to the
units they serve and screened from public view.
The Applicant is exceeding the minimum of 71,120 square -feet and providing a total of 75,111 square -
feet of open space, which includes a large centrally located 18,336 square foot recreational area with the
remainder in common and private open space areas. Private open space is provided contiguous to the
units.
Pq&jAg and Access:
City of Chula Vista Off -Street Parking Regulations per CVMC 19.62.050(12) require that dwellings
provide a garage or carport of 400 square -feet. The Applicant is providing a 2 -car garage per dwelling
unit and an additional 64 guest spaces. The 2 -car garage will vary between tandem parking design and
standard adjacent parking and depend on Planning Commission approval of tandem parking for the
proposed Project.
The Project's main access is proposed strictly via Moss Street, a collector street on the south side of the
Project.
6. Varlance
Per CVMC Section 19.14.190A -D, the City Council may grant a variance in accordance with the variance
findings, including establishing a hardship. particular to the property that exists on the site and was not
created by any act of the owner,
A variance from front -yard setback requirement is necessary due to the existence of a double barreled
10'x12' concrete box culvert that runs through the Site. The culvert bisects the Site, and all buildings
must be set back from the culvert. No buildings can be constructed above or immediately adjacent to the
culvert.
The proposed front -yard setback is 10 feet instead of 15 feet due to the need to shift buildings away
from the culvert on both sides. The culvert imposes a burden that is not created by the owner and that
provides a constraint on development. The box culvert is an existing condition inherently associated with
the Site. The development potential of the Site is limited by the culvert because nothing can be constructed
above or immediately adjacent to the culvert. The front -yard and rear yard setback variances are requested
so the development potential. of the Site will not be reduced due to the necessary building setbacks from
the culvert.
The 10 -foot setback from the building to the right of way results in a frontage that is comparable and
compatible with adjacent development. At the closest, the buildings are approximately 10.2 feet from the
property line and 16.6 feet from the back of the sidewalk, which is similar to the nearby properties on
Moss Street. The properties immediately adjacent to the Project have setbacks from the back of sidewalk
to the buildings of approximately 20-25 feet; the single-family homes to the south have setbacks from the
sidewalk of approximately 12-16 feet. A mixed-use apartment building at the corner of Moss Street and
Broadway has a setback between 0 and 10 feet from the sidewalk. The Project frontage incorporates
-42-
Planning Commission
.tune 24, 2020
Item 1 - Page No. 21
landscaping that enhances the pedestrian environment, with trees between the proposed buildings and the
sidewalks. The front yard setback variance will not negatively affect the right of way or neighboring
properties
The authorizing of the setback variance will not detrimentally affect adjacent properties or impair the
purposes of the public interest. The variance will not adversely affect the City's General Plan or other
adopted plans.
DECISION -MAKER CONFLICTS
Staff has reviewed the property holdings of the Planning Commission members and has found no
property holdings within 1,000 feet of the boundaries of the property which is the subject of this action.
Consequently, this item does not present a disqualifying real property -related financial conflict of
interest under California Code of Regulations Title 2, section 18705.2(x)(11), for purposes of the
Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any Planning Commission member, of
any other fact that may constitute a basis -for a decision maker conflict of interest in this matter.
CONCLUSION
The proposed Project will result in the development of 141 high density residential condominium units
on an existing industrial property on Moss Street. The Project will increase housing availability in an
area with access to transit, public facilities, and commercial development. The Project will contribute to
the revitalization of the South Broadway District by adding residential units and enhancing the
streetscape on Moss Street to create a more pedestrian friendly environment. The Project has been
designed to be consistent with the existing character and quality of the surrounding neighborhood, and it
directly implements multiple General Plan goals and policies encouraging the stabilization and
protection of existing residential neighborhoods.
An 7'7 3111h /W3 .WWI"
All application fees and processing costs are borne by the Applicant, resulting in no net impact to the
General Fund or the Development Services Fund.
W k, Evil] 1i R24—."-1
The FIA for the Project estimates that annual fiscal impacts are positive beginning in Year 1. In the first
year there is a net fiscal surplus of approximately $70,935, followed by surpluses of approximately
$19,756 in Year 2, $14,348 in Year 3, $10,425 in Year 4, and $6,487 in Year 5. The net projected
General Fund Impact based upon the proposed land use is projected to be positive, with approximately
$311,207 in net revenues over 20 years.
Attachments
1. Locator Map
2. Mitigated Negative Declaration (electronic)
3. Public Comment Response
4. General Plan Amendment, Justification Report, PFFP, FIA, ILA Binder (electronic)
5. Planning Commission Resolution
–43
Planning Commission
June 24, 2020
Item I - Page No, 22
6. Ownership Disclosure Form
7. Draft City Council General Plan Resolution.
8. Draft City Council Ordinance.
9. Draft City Council Tentative Map Resolution
10. Draft City Council Design Review Resolution
11. Draft City Council Variance Resolution
12. Project Plans (electronic)
Prepared by: Oscar Romero, Associate Planner
-44-
ATTACHMENT 1
x
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ti L�
x
PROJECT
LOCATION
x
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■ n
■
1 �
r lk- Mossy
I�
x
r
x
x �
t �
x �
x
r � �
x
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x
x
LOCATOR �
x
x
NORTH
x PA9 84DOI 5
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THIS PAGE LEFT BLANK
-46-
ITEM 3
IS18-0004 - 676 MOSS STREET
ATTACHMENT 2
Mitigated Negative Declaration
(shared electronically)
-47-
THIS PAGE LEFT BLANK
ITEM 3
IS18-0004 - 675 MESS STREET
ATTACHMENT 3
Public Comment Response
(shared electronically)
-49-
THIS PAGE LEFT BLANK
-50-
ITEM 3
IS 18-0004 - 675 MOSS STREET
ATTACHMENT 4
Genera! Pian Amendment
(shared electronically)
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THIS PAGE LEFT BLANK
-52-
Attachment 5
RESOLUTION NO, MPA18-0001.5; PCZ18-0001; PCS18-0006, DR18-00011IS18-
0004 and ZAV 18-0001
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CHULA VISTA CONSIDERING THE MITIGATED NEGATIVE
DECLARATION AND MITIGATION, MONITORING AND
REPORTING PROGRAM AND RECOMMENDING THAT ' THE
CITY COUNCIL: 1) ADOPT THE MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM; 2) APPROVE AMENDMENTS TO THE
CITY'S GENERAL PLAN; 3) APPROVE A REZONE; 4) APPROVE
A TENTATIVE MAP; 5) APPROVE A DESIGN REVIEW; AND 6)
APPROVE A VARIANCE FOR THE PROJECT FOR A ONE -LOT
141 -UNIT CONDOMINIUM PROJECT LOCATED AT 676 MOSS
STREET
WHEREAS, the property, that is the subject matter of this resolution, is
represented in Exhibit A, attached hereto and incorporated herein by this reference, and
for the purpose of general description is an approximately 6.9 -acre property located at
675 Moss Street (Project Site); and
WHEREAS, on December 7, 2018, a duly verified multi -application requesting an
amendment to the Chula Vista General Plan (MPA18-0015), a Rezone (PCZ 19-0001), a
Tentative Map (PCS 18-0006), a Design Review (DR 18-0000 1), and a Variance (ZAV18-
0001), including an Mitigated Negative Declaration (IS18-0004)were filed with the City of
Chula Vista Development Services Department by Shopoff Realty Investments, LLC
(Applicant); and
WHEREAS, duly verified applications were filed with the City of Chula Vista
Development Services Department by the Applicant as noted above to allow for a 141 -
unit condominium complex (Project) to be constructed on the 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 -18-004. . Based upon the results of the Initial Study, the
Director of Development Services 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 Director of Development
Services has caused the preparation of a Mitigated Negative Declaration, IS -18-0004, and
associated Mitigation, Monitoring and Reporting Program; and
-53-
PC Resolution MPA18-00015; PCZ18-0001; PCS18-0006, DR18-0001/IS18-0004 and
ZAV 18-0001
June 24, 2020
Page 2
WHEREAS, the Development Services Director set the time and place for a
hearing on the Project, and notice of said hearing, together with its purpose, was given by
its publication in a newspaper of general circulation in the City and its mailing to
property owners within 500 feet of the exterior boundaries of the property, at least 10
days prior to the hearing; and
WHEREAS, pursuant to the California Governor's Executive Order N-29-20 and
the City of Chula Vista Director of Emergency Services' Emergency Order 002-8-2020,
in the interest of the public health and safety, members of the Planning Commission and
Staff held a hearing via teleconference. In accordance with the orders, the public was able
to view the meeting online and not at the Council Chambers, 276 Fourth Avenue, and
said hearing was thereafter closed.
NOW, THEREFORE BE IT RESOLVED, that the Planning Commission of the
City of Chula Vista, after hearing public testimony, staff s presentation and after
reviewing all of the subject documents, hereby considered the Mitigated Negative
Declaration and associated Mitigation,. Monitoring and Reporting Program and
recommends that the City Council adopt the attached Draft City Council Resolutions and
Ordinances approving the Project in accordance with the findings and subject to the
conditions contained therein.
BE IT FURTHER RESOLVED by the Planning Commission of the City of Chula
Vista that a copy of this Resolution and the Draft City Council Resolutions and
Ordinances be trarzsmitted to the City Council.
Presented by: Approved as to form by:
Kelly G. Broughton, FASLA
Development Services Director
-54-
Glen R. Googins
City Attorney
Attachment 6
1i� ❑evefap ment
e r v I c e s Department
wOF Planning Divislon I Development Processing
rrlr a�
CHU[AYiS!A APPLICATION APPENDIX C
Development Permit Processing Agreement
Applicant. At its sole discretion, the City may participate at its awn expense in the defense of any such action, but such
participation shall not relieve the applicant of any ohligatbn imposed by this condition,
4.6 Administrative Claims Requirements and Procedures.
No suit or arbitration shall bR brought arlsing but of this agreement against the City unless a Cialm has first been
presented In writing and filed with the City of Chula Nista and acted upon by the City of Chula Vista in accordance with the
Procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the
provisions of which are Incorporated by this reference as if fully set forth herein, and such policies and procedures used
by the Clty in the implementation of same. Upon: request by City, Consultant shall meet and confer in good faith with City
fa► the purpose of resolving any dispute over the terms of this Agreement.
Naw therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do
hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto.
Dated:
9y;
(Staff)
City of Chula. Vista
276 Fourth Avenue -
Chula Vista, CA 91914
Dated: By; t
i p scant)
V
$0f9
276 Fourth Avenue Chula Vista
Cali€ornla 91910 � f619) 691.5101 [KX"Fv@7-14
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r
THIS PAGE LEFT BLANK
-56-
Attachment 7
RESOLUTION NO. PCS -18-446
RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL
APPROVING TENTATIVE SUBDIVISION MAP PCS -18-046 TO
CONSOLIDATE A 7.29 -ACRE SITE FROM THREE (3) PARCELS INTO
ONE 6.94 -ACRE SITE FOR (111) MULTI -FAMILY RESIDENTIAL UNITS,
FOR INDIVIDUAL OWNERSHIP AT 676 MOSS STREET
I. RECITALS
WHEREAS, the parcel of land that is the subject matter of this resolution is depicted in
Exhibit "A," attached hereto and incorporated herein by this reference, and for the purpose of
general description consists of 6.94 acres located at 676 Moss Street, as identified in County
Assessor Records as Assessor's Parcel Number [618-010-26, 618-010-31, 618-010-32] (Project
Site); and
WHERAS, on December 4, 2018, a duly verified application requesting approval of a
Tentative Subdivision Map (PCS=18-0006, Chula Vista Tract No. 18-0006), Major Planning
Application (MPA18-0015), Rezone (PCZ18-4001), Design Review (DR18-0028), Variance
(ZAV18-0001) and Initial Study (IS18-0404) were filed with the City of Chula Vista
Development Services Department by Shopoff Realty Investments, LLC (Applicant); and
WHEREAS; said Applicant requests approval to consolidate 7.29 acres into a one -lot
6.94 acre Condominium Subdivision for the construction of 141 condominium units for
individualownership with 2 car garages, guest parking spaces in excess of the required 2 spaces
per unit, and 1.72 acres of open space, including a 0.42 acre private recreational facility (Project)
on said 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 -18-044. 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 caused the preparation of a Mitigated Negative Declaration,
IS18-004 and associated Mitigation Monitoring and Reporting Program; and
WHEREAS, a public hearing time and place was set by the Planning Commission for
said Tentative Subdivision Map and notice of said hearing, together with its purpose, was given
by its publication in a newspaper of general circulation in the City, and its mailing to property
owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10)
days prior to the hearing; and
WHEREAS, pursuant to the California Governor's Executive Order N-29-20 and the City
of Chula Vista Director of Emergency Services' Emergency Order 402-B-2020, in the interest of
the public health and safety, members of the Planning Commission and Staff held a hearing via
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teleconference. In accordance with the orders, the public was able to view the meeting online and
not at the Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed; and
WHEREAS, the Planning Commission reviewed and considered the Tentative
Subdivision Map PCS -I8-0006; and
WHEREAS, the Planning Commission, after considering all evidence and testimony
presented, by a vote of xxxx recommends that the City of Chula Vista City Council approve the
Tentative Subdivision Map CVT 18-0006 for 676 Moss Street Development; and
. WHEREAS, a hearing time and place was set by the City Clerk of the City of Chula
Vista for consideration of the Tentative Subdivision Map and notice of said hearing, together
with its purpose, was given by its publication in a newspaper of general circulation in the City,
and its mailing to property owners and residents within 500 feet of the exterior boundaries of the
property, at least ten (10) days prior to the hearing; and
WHEREAS, the City Council of the City of Chula Vista held a duly noticed public
hearing to consider said Tentative Subdivision Map at the time and place as advertised in the
Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find and
determine as follows:
II. TENTATIVE SUBDIVISION MAP FINDINGS
Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council
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. band Use
The General Plan (GP) land use designation is Residential High (RH 18-27 du/ac)
and the subject site will be developed consistently at an average of 20.4 du/ac, The
Project is consistent with the zoning designation R-3 and density requirements. The
141 Condominium Units, as shown on the Tentative Subdivision Map, are consistent
with the designation depicted in the Tentative Subdivision Map.
The subdivision design creates 141 residential condominium units. The proposed
project furthers the policy objective for "a balanced residential community through
integration of low, moderate, and higher income housing within the Southwest
Planning Area, and the adequate dispersal of such housing to preclude establishment
of specific low-income enclaves." The proposed project would support Smart
Growth Principles, as it provides compact development oriented to pedestrians,
bicyclists and transit, and would further minimize urban sprawl development patterns.
M&M."
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3. Circulation
To change the land use from Limited Industrial to R-3 Apartment Residential, an
analysis was prepared entitled Transportation Impact Analysis — Vehicle Miles
Traveled (VMT) — by Linscott, Law & Greenspan, Engineers (LLG), dated 2024. The
transportation impact analysis was prepared under the guidance of City Staff,
utilizing methodologies presented within the Governor's Office of Planning and
Research (OPR) Technical Advisory developed to assist with implementation of
Senate Bill 743 (SB 743), which resulted in a shift in the measure of effectiveness for
determining transportation impacts from Level of Service (LOS) and vehicular delay
to VMT. VMT analyses are required for use in all CEQA documents no later than
July 1, 2420.
The City's use of OPR Technical Advisory guidance for its significance thresholds
has determined that 15% or more reduction in VMT from the regional average, which
is 17.60 VMT per capita is the threshold. Based on the screening map, the VMT per
capita for the 676 Moss Street project is 10.80 VMT per capita, which is 61.36% of
the regional average. This is equivalent to 38.64% less than the regional average,
which is therefore presumed not to be significant.
Thus, the 676 Moss Street project is concluded to have no significant transportation
impacts for the purposes of CEQA, and no VMT-related mitigation measures are
required,
All off-site public streets required to serve the subdivision already exist. The ori -site
private streets are designed in accordance with the City design standards and/or
requirements and provides for vehicular and pedestrian connections.
4. Economic Development
The proposed project results in an increase of 141 residential units. There is a
provision of a wider range of housing options and pricing for potential home -buyers
and renters in the current housing market. By adding these units, increased patronage
to the nearby commercial and public/quasi-public uses can be anticipated to
contribute to greater economic development within the South Broadway District and
the City.
The Project allows for development of multi -family housing, The Project provides
homebuyers the opportunity to purchase homes in an area lacking diverse home types
and varying costs for varying income levels. The proposed homes also provide further
variation in housing opportunities available to Chula Vista residents, consistent with
General Plan (GP) Objective ED 2. The proposed project also fosters economic
development benefits at the community level by providing for increased housing
densities within the same development footprint. These increased densities allow for
infrastructure and municipal services to be provided at reduced cost per capita (more
people served by the same municipal services). Additionally, with increased housing
(and population) within the same development footprint, increased densities improve
the viability of community serving commercial and public/quasi-public uses as well
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City Council Resolution No. 2020 -
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as alternative transportation modes, As a result, the proposed project may serve as a
catalyst for small and midsized industries and businesses and community serving and
neighborhood uses, consistent with GP Objectives ED 3 and ED 9.
5. 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. A Public Facilities Financing Plan (PFFP) has been prepared to analyze the
demand generated by 141 new residential units for public services and facilities
created by the Project. The Project does not propose any on-site or off-site public
facilities or improvements (except frontage improvements). No phasing is required or
proposed for the provision of public improvements,
Storm Water: The current project storm water quality conditions and proposed water
quality improvements are identified in the Project's Drainage Report and Storm
Water Quality Management Plan (SWQMP) prepared by Michael Baker
International. The property is bisected by a Telegraph Canyon Channel culvert, a
public drainage facility owned and maintained by the City.
The Storm Water Quality Management Plan (SWQMP) has been prepared to,
implement the methods and procedures as described in the City of Chula Vista Storm
Water Manual and Standard Urban Stormwater Mitigation Plan (SUSMP) for Best
Management Practices (BMP) design. The proposed design will utilize on-site BMPs
to treat flow from the development. The proposed BMPs and other drainage facilities
will be privately owned and maintained. The Project is under the jurisdiction of the
San Diego Regional Water Quality Control Board (SDRWQCB). The Project is
subject to the National Pollutant Discharge Elimination System (NPDES)
requirements both during and after construction. NPDES requirements stem from the
Federal Clean Water Act and are enforced either by the State Water Resources
Control Board (SWRCB) or the Regional Water Quality Control Board (RWQCB)
for the regibn in which the project is located.
The City of Chula Vista BMP Design Manual March 2019 update to the December
2015 Manual, addresses the onsite post -construction storm water requirements for
Standard Projects and Priority Development Projects (PDPs) and provides procedures
for planning, -selection, and design of permanent storm water BMPs based on the
performance standards as required by the Municipal Storm Water Permit for the San
Diego Region [Order No. R9-2013-0001 as amended by R9-2015-0001 and R9-2015-
0100]. All development projects must comply with the requirements.
Wastewater: The proposed wastewater utilities on the Project Site will be privately
owned and maintained. Michael Baker International prepared a Sewer Study Report
to analyze the effects of the Project on the City's sewer capacity. The sewer technical
study demonstrates that the Project will create minimal flow increases downstream of
the Project Site. The Project will construct two private eight inch sewer laterals
connecting to existing public utilities on Moss Street and Industrial Boulevard.
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Potable Water Demand; The proposed potable water utilities on the Project Site will
be privately owned and maintained. The Project is within the Sweetwater Authority
service area. Michael Baker International prepared a Water Study to analyze the
effects of the Project on water supply and hydraulic pressure. Sweetwater Authority
has determined that it has the capacity to provide potable water service to the Project
at the required pressures.
6. Environmental Element
The proposed project has been reviewed in accordance with the requirements of
CEQA and it was determined that the Project is covered in the concurrently adopted
Initial Study Mitigated Negative Declaration and Mitigation Monitoring & Reporting
Program (IS -18-0004) (SCH#20201749053). A Water Quality Technical Report,
Traffic Impact Study, Noise Impact Report, Air Quality and Greenhouse Gas
Evaluation, Cultural Resources, Geotechnical Analysis, Sewer Study have been
prepared, reviewed and approved by City staff. The Development Services Director
has determined that technical changes or additions to this document are not necessary
and that none of the conditions described in Section 15162 of the State CEQA
Guidelines calling for the preparation of a subsequent document have occurred;
therefore, the Development Service Director has approved the IS/MND (IS 18-4004).
7. Growth Management
The proposed project will result in 141 new dwelling units in the South Broadway
District. A PFFP has been prepared which analyzes any potential impacts on public
facilities and services, and 'identifies the Facilities, phasing and timing triggers for the
provision of facilities and services to serve the Project, consistent with the City's
Quality of Life Threshold Standards. The PFFP finds that the Project will not exceed
the thresholds set in the Growth Management Ordinance and that all impacts may be
addressed through the payment of the applicable development impact fees. The
Project's 141 residential units will generate approximately 29 elementary school
students, 9 middle school students, and 13 high school students. The Applicant will
mitigate impacts on secondary and elementary school facilities through participation
in CVESD and SUHSD Community Facility Districts (CFDs).
8. Dpen Space and Conservation
The proposed project exceeds the minimum open, space requirement in accordance
with the R-3 Apartment Residential Zone. The Project generates a demand of 1.1
acres of park land for the additional 141 units. Pursuant to the PFFP, the Project is
required to pay its fair share fee in the amount of $1.35 million.
The proposed grading conforms to the City's Grading Ordinance and not subject to
Conservation measures as it is an infill site. The development of the site is consistent
with the goals and policies of the Conservation Element.
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9. Safe
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.
14. 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 a Building Permit.
B. Pursuant to Government Code Section 65473.1 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 that the 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 City
Council hereby 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 65474 (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 High (18-27 dwelling units per acre)
allows for a maximum of 186 units/lots and the project proposes 141 1 -lot condominium
units. The project is not within a Sectional Planning Area (SPA)/Specific Plan area.
(b) design or improvement is consistent.with applicable General and Specific Plans. The
Project's design of 141, 1 -lot condominium units is consistent with the R-3 zoning
classification per dwelling area and the General Plan's RH (18-27du1ac) density
designation.
(c) site is suitable for the proposed density of development. The Project's 141 units and 1
lot are within the allowed density range of 18-27 dwelling units per acre with a maximum
yield of 185 units and 1 lot.
(d) site is physically suitable for the type of development. The Project is adjacent to
residential and industrial developments with available access and infrastructure to serve
the Project.
(e) pursuant to the adopted MND, 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.
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(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 be served by fire and
emergency services, and is 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.
E. The 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.
F. The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extent to the impact created
by the proposed development.
III. TENTATIVE MAP CONDITIONS OF APPROVAL
Unless otherwise specified or required by law, the conditions and .Chula Vista Municipal
Code ("CVMC" or "Municipal Code") requirements set forth below shall be'completed
prior to the Final Map as determined by the Development Services Director and the City
Engineer, or their 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. -
1. The Applicant, or his/her successors in interest, shall comply with all applicable City of
Chula Vista Standard Tentative Map Conditions per Section 5-300 of the City
Subdivision Manual, as approved and amended from time to time, to the satisfaction of
the Director of Development Services and City Engineer.
2. All driveways, monuments signs, utility boxes and fire hydrant locations shall comply
with the sight visibility requirements of City of Chula Vista Municipal Code Sections
12.12.120 and 12.12.130, and City of Chula Vista Chula Vista Sight Design Standard
CVD-TR07S.
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3, improvements (such as fences, 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, or his/her successors in - interest, shall enter into a Storm Water
Management Facilities Maintenance Agreement to perpetually maintain all BMP's
facilities located within the Project prior to the issuance of any Grading or Building
Permits, whichever occurs first.
S. The Applicant, or his/her successors in interest, 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. Western Transportation Development Impact Fees (WTDIF)
e. Other Engineering Fees as applicable per City of Chula Vista Master Fee
Schedule.
6. The Applicant, or his/her successors in interest shall be required to pay additional
deposits or fees in accordance with the City Subdivision Manual, and Master Fee
Schedule for the submittal of the following items:
a. Grading Plans
b. Street Improvement Plans
c. Final Map
7. The Applicant, or his/her successors. in interest, shall submit CC&R's as approved by the
City Attorney to the City Engineer and the Director of Development Services Department
for approval prior to approval of the Final Map. Said CC&Rs shall be consistent with
Chapter 18.44 of the Subdivision Ordinance and shall include the following:
a. Indemnification of City
b. Indemnification of City for private sewer spillage.
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.
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.
8. The Applicant, or his/her successors in interest, shall submit homeowner's association
(HOA) budget for review and approval by the City Engineer for the maintenance of
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private streets, storm drains and sewage systems. Said budget shall include the following
maintenance activities:
a. Street, sewer and storm drain maintenance
b. Water quality facility maintenance and. inspection
9. Prior to approval of the Final Map, the Applicant, or his/her successors in interest shall
present verification to the City Engineer in the form of a letter from the Sweetwater
Authority that the subdivision will be provided adequate water service and long-term
water storage facilities.
10. The Applicant, or his/her successors in interest, must obtain a Land. Development Permit
prior to beginning any earthwork activities at the site and before issuance of Building
Permits in accordance with Municipal Code Title 15.04. Developer shall submit Grading
Plans in conformance with the City's Subdivision Manual and the City of Chula Vista
BMP Design Manual,
11. Prior to the issuance of any Construction or Grading Permit which impacts offsite
Property, Developer. shall deliver to the Development Services Director and City
Engineer, a notarized letter of permission to construct or grade for all off-site grading,
12. The Applicant, or his/her successors in interest, shall ensure that all private lot drainage
and slopes comply with the current Building Code used by the City of Chula Vista.
13. The Applicant, or his/her successors in .interest,- shall obtain Army Corps of Engineer
District Engineer Section 408/404 permit approval, as required, prior to -any construction
activities within the Telegraph Canyon Channel Easements. ADCE Permit requirements
must be incorporated into the Project.
14. The Applicant, or his/her successors in interest, shall obtain FEMA approval, if required,
prior to any alteration or new connection to the existing -2-12 ft x10 ft RCP box culvert
located in the floodplain within the Project.
15. The Applicant, or his/her successors in interest, shall obtain MTS approval for the
proposed private sewer lateral line installation crossing under MTS track to connect to an
existing public sewer main along Industrial Blvd prior to any construction within the
MTS right of way.
16, The Applicant, or his/her successors in interest shall obtain and record from MTS a 15 -
feet private sewer maintenance and access easement prior to Final Map approval or any
construction within the MTS right of way.
17. The Applicant, or his/her successors in interest, shall obtain authorization from
Sweetwater Union High School District prior to any construction within the Sweetwater
Union High School District property.
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18. The Applicant, or his/her successors in interest shall obtain and record from Sweetwater
Union High School District a 15 -feet private sewer maintenance and access easement
prior to Final Map approval or any construction within the School District property.
19. Any routing or connection to the existing public drainage system shall be designed per
public standards and to the satisfaction of the City Engineer and Public Works Director
prior to approval of the Grading Plans. Access to existing and future public drainage
facilities shall be accommodated via public drainage easements and paving to
accommodate H2O wheel loading.
20. At all times, the project shall comply with the City of Chula Vista MS4 Permit and the
City of Chula Vista BMP Design Manual.
21. A Notice -of -Intent (NOI) mush be filed with the SWRCB for projects covered under the
CGP. A copy of the acknowledgement from the SWRCB that a NOI has been received
for this Project shall be filed with the City of Chula Vista when received. Further, a copy
of the completed NOI from. the SWRCB showing the Permit Number for this Project
shall be filed with the City of Chula Vista when received.
22. Prior to issuance of a Building Permit for the Project the Applicant, or his/her successors
in interest, shall obtain a Construction Permit from the Land Development Division of the
Development Services Department to perform the following work in the City's right-of-
way as specifically shown and modified on the Tentative Map dated May 2020:
a. Sewer Encasement shall be installed under railroad tracks via trenchless
technology to the satisfaction of MTS.
b. Construct half -width street improvements along Moss Street along the entire
frontage of the sulj ect property in accordance with City Standards.
Improvements shall include, but not be limited to, monolithic curb, gutter and
sidewalk per SDRSD G-3, driveway and driveway approaches per Chula Vista
Construction Standard GSI -01, asphalt concrete paving, processed miscellaneous
base, drainage facilities, and street trees. Design shall be in accordance with
CVD-ST06.
c. Transitions to existing street improvements along Moss Street shall include curb,
gutter, sidewalk, and asphalt pavement needed to match existing pavement as
required by the City Engineer.
d. Installation of driveways meeting design standards as shown in Chula Vista
Construction Standard GSI -01. Dedication of right of way (RAV) as needed in
order for driveways to comply with (Americans with Disabilities Act) ADA
requirements.
e. Installation of pedestrian ramps across the proposed driveways on Moss Street per
SDRSD 6-27, SDRSD G-31.
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E Installation of Cross Gutter along Moss Street per SDRSD G-12.
g. Installation of a sewer manhole per SDRSD S-2 is required at the connection of
the 8" sewer lateral to the main public sewer line along Industrial Boulevard.
h. Utilities Trenching and Restoration per Chula Vista Construction Standard GSI -
03.
i. All proposed sewer laterals shall have clean outs at the property line; and shall be
in accordance with SDRSD SS -01.
j. Any existing sewer laterals on Moss Street no longer to be used for the Project,
must be abandoned in place as approved by the City Engineer & City Inspector.
k, The existing 27 foot wide double box culvert shall have existing easements
widened by a proposed adjoining easement strip for a total easement width of 45
feet. Easements extend 25 feet southerly and 20 feet northerly of the box culvert
centerline. The culvert drainage easement shall have access maintained at all
times. No permanent structures are to be allowed within the easement without
prior approval from the City of Chula Vista and the Army Corps of Engineers.
Removal of encroachments will be at the owner's expense.
L The proposed closure of any existing driveways shall be replaced with a curb,
gutter, and sidewalk per SDRSD G-3.
23, The Applicant, or his/her successors in interest, shall bond for Public -Improvements prior
to Final Map approval for the development of the Project. Said facilities shall be
designed and constructed in compliance with City standards. A Construction .Permit will
be required for all work to be accomplished within street right-of-way.
24. Any improvements in the right-of-way beyond the project limits shall be designed and
constructed as to not interfere with adjacent businesses, as approved by the City
Engineer.
25. Prior to approval of any Construction Permit, Developer shall ensure -that all emergency
access roads are designed with a Traffic Index of S and constructed out of concrete or as
approved by the City Engineer.
25. The Applicant, or hislher successors in interest, at his own expense shall relocate or
abandon any water utility services in conflict with the driveway on Moss Street. Said
relocations shall conform to Sweetwater Authority Standard Drawings. All' water
services will have to be extended at owner's expense to accomodate for the right -of
way boundary change.
27. All sewer and private storm drain systems shall be privately maintained from each
building to the City maintained public facility.
28. Any gates serving this site shall be automatic and have an Opticom Strobe system, Knox
override switch, and click -to -enter system. Design shall be approved by the Fire
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Marshall prior to Final Map approval or issuance of the first Building Permit whichever
occurs first. Developer is responsible for obtaining all required offsite easements needed
for said access.
29. The Applicant, or his/her successors in interest, shall pay Parkland Acquisition and
Development fees, at the rates in effect at the time of payment, per CVMC Chapter 17.10
& ordinance No. 332 approved November 18, 2014, prior to final inspection of each unit.
30. Prior to issuance of a Grading Permit resolve conflicts between modular wetlands and
tree planting to the satisfaction of the Director of Development Services.
MAPPING:
31. The Project will require the fling of a Condominium Final Map in accordance with
Sections 66426 and 66427 of the Subdivision Map Act, Developer shall enter into an
agreement prior to approval of the Final Map to secure all Public Improvements required
for the development of the Project.
32. The Applicant, or his/her successors in interest, shall Grant on the Final Map an
Irrevocable Offer of Dedication of 36 feet from the centerline to the City along the
Project's frontage along Moss Street as shown on the Tentative Map.
33, The Final Map shall show the existing 27 foot wide double box culvert easement and
shall have existing box culvert easements widened by a proposed adjoining easement
strip for a total easement width of 45 feet. Easements extend 25 feet southerly and 20 feet
northerly of the box culvert.centerline. The culvert. drainage easement shall have access
maintained at all times. No permanent structures are to be allowed within the easement
without prior approval from the City of Chula Vista and the Army Corps of Engineers.
Removal of encroachments will be at the owner's expense.
34. Prior to Final Map approval, the Applicant, or his/her successors in interest shall upload
copies of the Final Map and Site Improvement Pian 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
htty•//www.chulavistaca.gov/goto/GIS. The data upload site only accepts zip formatted
files.
35. The Project shall comply with approved General Plan Amendment MPA 18-0015, Rezone
PCZ18-0001, Tentative Map PCS -18-0006, Design Review DR18-0028, and Variance
ZAV18-0001, and the City of Chula Vista Standard Tentative Map Conditions, as
attached hereto, or on file in the Development Services Department, and incorporated
herein.
36. The Applicant shall pay in full any unpaid balance for the Project, including Deposit
Account No. DDA0367.
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37. The Applicant shall implement, to the satisfaction of the Development Services Director
and the City Engineer, the mitigation measures identified in the Mitigation Monitoring
and Reporting Program (MMRP) for the Project, within the timeframe specified in the
MMRP.
38. Prior to approval of the Final Map or Grading Plan for the Project, the Engineer -of -Work
shall submit and obtain approval by the City Engineer a waiver request for all subdivision
design items not specifically waived on the Tentative Map and not conforming to adopted
City standards. The Engineer -of -work request shall outline the requested subdivision
design deviations from adopted City standards and -state that in his/her professional
opinion, no safety issues will be compromised. The waiver is subject to approval by the
City Engineer in the City Engineer's sole discretion.
Grading:
39. Grading Plans that include freestanding walls or sound walls adjacent to 2:1 or greater
slopes more than 6 feet high shall include a minimum 2 ft. wide level bench for
landscaping and maintenance access adjacent to the wall.
40. Prior to City acceptance of any landscaped areas, the Applicant shall install permanent
water meters in accordance with the approved Landscape and Irrigation Plans to the
- satisfaction of the Development Services Director.
41. Prior to the issuance of any Construction or Grading Permit which impacts offsite
property, the Applicant shall deliver to the Development Services Director and City
Engineer, a notarized letter of permission to construct or grade and drain for all off-site
grading,
42. The Applicant shall ensure that all private lot drainage and slopes comply with the
current Building Code used by the City of Chula Vista
Parks:
43. The Applicant, or his/her successors in interest, shall pay Parkland Acquisition and
Development fees, at the rates in effect at the time of payment, per CVMC Chapter 17.10
& Ordinance No. 332 approved November 18, 2014, prior to final inspection of each unit,
The following on-going conditions shall apply to the Project Site as long as it relies on this
approval:
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44. Approval of this request shall not waive compliance with any sections of the Chula Vista
Municipal Code nor any other applicable City Ordinances in effect at the time of building
permit issuance.
45. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless City, its City Council members, 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 actions on any environmental document concerning this
Tentative Map and (c) City's 4pproval 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.
46. 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. .
47. 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 Vista Design Plan; 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 City
Council.
48. 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.
��ti�e�•� ,�. rte. �. ��•�r�•����r ..
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 Code Section
66020(a) and failure to follow timely this procedure will bar any subsequent legal action
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City Council Resolution No, 2020 -
Page 15
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
Signature of Applicant
Date
VI. CONFORMANCE WITH CITY SUBDIVISION MANUAL
The City Council does hereby find that the project is in conformance with the City of Chula
- Vista Subdivision Manual, CVMC Chapter 18.12 and the requirements of the Zoning Ordinance.
VII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon the
enforceability of each. and every term, provision, and condition herein stated; and that in. the
event that any one or more terms, 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 Council of the City of Chula Vista does,
based on the findings, general and specific conditions included herein, hereby approve Tentative
Subdivision Map CV-fM-1$-0006 for 575 Moss Street in conjunction with the General Plan
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City Council Resolution No. 2020 -
Page 15
Amendment MPA18-0015 and Rezone PC218-0001, Design Review (DR18-4028), Variance
(.ZAV18-0001) and Initial Study 18-0004.
_72_
City Council Resolution No. 2020 -
Page 17
Presented by:
Kelly G. Broughton, FASLA
Development Services Director
Approved as to form by:
Glen R. Googins
City Attorney
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-74-
Attachment 8
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A
REZONE FOR A 6.94 -ACRE SITE LOCATED AT 676 MOSS
STREET
WHERAS, on December 7, 2018, a duly verified application requesting approval of a
Rezone (PCZ18-0001) Tentative Subdivision Map (PCS -18-0006, Chula Vista Tract No. 18-
0006), Major Planning Application (MPA18-0015), Design Review (DR18-0028), Variance
(ZAV18-0001) and Initial Study 18-0004 were filed with the City of Chula Vista Development
Services Department by Shopoff Realty Investments, LLC (Applicant); and
- WHEREAS, the area of land which is the subject of the application and this Ordinance is
three existing parcels located at 676 Moss Street (Project Site); and
WHEREAS, the application requests approval of an amendment to the adopted zoning
map or maps established by Section 19.18.010 of the Chula Vista Municipal Code in order to
rezone the Project Site from a Limited Industrial (ILP) Zone to Apartment Residential (R3) zone
on 6.94 acres to allow for -the construction of a 141 -unit condominium complex (Project) on the
Project Site; and
WHEREAS, the parcels, that are the subject matter of this Ordinance, are represented in
Exhibit A, attached hereto and incorporated herein by this reference, and for the purpose of
general description is located in western Chula Vista on Moss Street between Broadway and
In-dustrial Boulevard; and
WHEREAS, the Project is intended to ensure that additional housing is provided in
accordance with State mandates and the City of Chula Vista General Plan for Western Chula
Vista to promote smart growth principles by locating compact high-density housing development
within an area that is well served by transit and services within walking distance thereto; 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 -18-004. Based upon- the results of the Initial Study, the Director of Development
Services 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
Director of Development Services has caused the preparation of a Mitigated Negative
Declaration, IS18-0004, and associated Mitigation, Monitoring and Reporting Program; and
WHEREAS, pursuant to California Government Code section 65090, the Planning
Commission held a duly noticed public hearing on the Project and recommended that the City
Council adopt the Ordinance approving the Rezone; and
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on this Project, and the minutes and resolution resulting
therefrom, are hereby incorporated into the record of these proceedings; and
—75—
WHEREAS, the City Cleric set the time and place for a hearing on the Project, and notice
of said hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the City and its mailing to property owners within 500 feet of the exterior
boundaries of the property, at least 14 days prior to the hearing; and
WHEREAS, a duly noticed public hearing was held before the City Council of the City
of Chula Vista to approve the Project.
NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby
order and ordain as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing and the Minutes and .Resolutions resulting therefrom 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.
II. COMPLL&NCE WITH CEQA
The City Council of the City of Chula Vista finds that, in the exercise of their independent
review and judgment, immediately prior to this action, considered and adopted the Mitigated
Negative ]Declaration and Mitigation and Monitoring & Reporting Program (IS 18-0004) on file
in the City Clerk's office.
II IWill-00)Zi
The City Council hereby adopts an Ordinance approving the amendment to rezoning the Project
Site from Limited Industrial (ILP) to Apartment Residential (R3), funding that it is consistent
with the City of Chula Vista General Plan, and that the public necessity; convenience, general
welfare and good planning and zoning practice support the approval and implementation.
I LIA-0ILIA-:$M:�:
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be, invalid, unenforceable or unconstitutional; by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
-76-
V. CONSTRUCTION
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
VI. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and, after its
adoption.
VII. PUBLICATION
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the
same to be published or posted according to law.
Presented by:
Kelly G. Broughton, FASLA
Development Services Director
Approved as to farm by:
Glen R. Googins
City Attorney
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Attachment 9
RESOLUTION NO. PCS -18-006
RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL
APPROVING TENTATIVE SUBDIVISION MAP PCS -18-006 TO
CONSOLIDATE A 7.29 -ACRE SITE FROM THREE (3) PARCELS INTO
ONE 6.94 -ACRE SITE FOR (141) MULTI -FAMILY RESIDENTIAL UNITS,
FOR INDIVIDUAL OWNERSHIP AT 676 MOSS STREET
I. RECITALS
WHEREAS, the parcel of land that is the subject matter of this resolution is depicted in
Exhibit "A," attached hereto and incorporated herein by this reference, and for the purpose of
general description consists of 6.94 acres located at 676 Moss Street, as identified in County
Assessor Records as Assessor's Parcel Number [618-010-26, 618-010-31, 618-010-32] (Project
Site); and
WHERAS, on December 4, 2018, a duly verified application requesting approval of a
Tentative Subdivision Map (PCS -18-0006, Chula Vista Tract No. 18-0006), Major Planning
Application (MPA18-0015), Rezone (PCZ18-0001), Design Review (DR18-0028), Variance
(ZAV 18-0001) and Initial Study (IS 18-0004) were filed with the City of Chula Vista
Development Services Department by Shopoff Realty Investments, LLC (Applicant); and
WHEREAS, said Applicant requests approval to consolidate 7.29 acres into a one -lot
6.94 -acre Condominium Subdivision for the construction of 141 condominium units for
individual ownership with 2 car garages, guest parking spaces in excess of the required 2 spaces
per unit, and. 1.72 acres of open space, including a 4.42 acre private recreational facility (Project)
on said 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 -18-004. 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 caused the preparation of a Mitigated Negative Declaration,
IS18-004 and associated Mitigation Monitoring and Reporting Program; and
WHEREAS, a public hearing time and place was set by the Planning Commission for
said Tentative Subdivision Map and notice of said hearing, together with its purpose, was given
by its publication in a newspaper of general circulation in the City, and its mailing to property
owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10)
days prior to the hearing; and
WHEREAS, pursuant to the California Governor's Executive Order N-29-20 and the City
of Chula Vista Director of Emergency Services' Emergency Order 002-B-2020, in the interest of
the public health and safety, members of the Planning Commission and Staff held a hearing via
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City Council Resolution No. 2020 -
Page 2
teleconference. In accordance with the orders, the public was able to view the meeting online and
not at the Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed; and
WHEREAS, the Planning Commission reviewed and considered the Tentative
Subdivision Map PCS -18-0006; and
WHEREAS, the Planning Commission, after considering all evidence and testimony
presented, by a vote of xxxx recommends that the City of Chula Vista City Council approve the
Tentative Subdivision Map CVT 18-4006 for 676 Moss Street Development; and
WHEREAS, a hearing time and place was set by the City Clerk of the City of Chula
Vista for consideration of the Tentative Subdivision Map and notice of said hearing, together
with its purpose, was given by its publication in a newspaper of general circulation in the City,
and its mailing to property owners and residents within 504 feet of the exterior boundaries of the
property, at least ten (10) days prior to the hearing; and
WHEREAS, the City Council of the City of Chula Vista held a duly noticed public
hearing to consider said Tentative Subdivision Map at the time and place as advertised in the
Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find and =
determine as follows:
II. TENTATJVE SUBDIVISION MAP FINDINGS
Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council
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 (GP) land use designation is Residential High (RH 18-27 du/ac)
and the subject site will be developed consistently at an average of 20.4 du/ac. The =
Project is consistent with the zoning designation R-3 and density requirements. The
141 Condominium Units, as shown on the Tentative Subdivision Map, are consistent
with the designation depicted in the Tentative Subdivision Map.
The subdivision design creates 141 residential condominium units. The proposed
project furthers the policy objective for "a balanced residential community through
integration of low, moderate, and higher income housing within the Southwest
Planning Area, and the adequate dispersal of such housing to preclude establishment
of specific low-income enclaves." The proposed project would support Smart
Growth Principles, as it provides compact development oriented to pedestrians,
bicyclists and transit, and would further minimize urban sprawl development patterns.
City Council Resolution No. 2020 -
Page 3
3. Circulation
To change the land use from Limited Industrial to R-3 Apartment Residential, an
analysis was prepared entitled Transportation Impact Analysis - Vehicle Miles
Traveled (VMT) - by Linscott, Law & Greenspan, Engineers (LLG), dated 2020. The
transportation impact analysis was prepared under the guidance of City Staff,
utilizing methodologies presented within the Governor's Office of Planning and
Research (OPR) Technical Advisory developed to assist with implementation of
Senate Bill 743 (SB 743), which resulted in a shift in the measure of effectiveness for
determining transportation impacts from Level of Service (LOS) and vehicular delay
to VMT. VMT analyses are required for use in all CEQA documents no later than
July 1, 2020.
The City's use of OPR Technical Advisory guidance for its significance thresholds
has determined that 15% or more reduction in VMT from the regional average, which
is 17.60 VMT per capita is the threshold. Based on the screening map, the VMT per
capita for the 676 Moss Street project is 10.80 VMT per capita, which is 61.36% of
the regional average. This is equivalent to 38.64% less than the regional average,
which is therefore presumed not to he significant.
Thus, the 676 Moss Street project is concluded to have no significant transportation
impacts for the purposes of CEQA, and no VMT-related mitigation measures are
required.
All off-site public streets required to serve the subdivision already exist. The on-site
private streets are designed in accordance with the City design standards and/or
requirements and provides for vehicular and pedestrian connections.
4, Economic Development
The proposed project results in an increase of 141 residential units. There is a
provision of a wider range of housing options and pricing for potential home -buyers
and renters in the current housing market. By adding these units, increased patronage
to toe nearby -commercial and public/quasi-public uses can be. anticipated to
contribute to greater economic development within the South Broadway District and
the City.
The Project allows for development of multi -family housing. The Project provides
homebuyers the opportunity to purchase homes in an area lacking diverse home types
and varying costs for varying income levels. The proposed homes also provide further
variation in housing opportunities available to Chula Vista residents, consistent with
General Plan (GP) Objective ED 2. The proposed project also fosters economic
development benefits at the community level by providing for increased housing
densities within the same development footprint. These increased densities allow for
infrastructure and municipal services to be provided at reduced cost per capita (more
people served by the same municipal services). Additionally, with increased housing
(and population) within the same development footprint, increased densities improve
the viability of community serving commercial and public/quasi-public uses as well
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City Council Resolution No. 2020 -
Page 4
as alternative transportation modes. As a result, the proposed project may serve as a
catalyst for small and midsized industries and businesses and community serving and
neighborhood uses, consistent with GP Objectives ED 3 and ED 9.
5. 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. A Public Facilities Financing Plan (PFFP) has been prepared to analyze the
demand generated by 141 new residential units for public services and facilities
created by the Project. The Project does not propose any on-site or off-site public
facilities or improvements (except frontage improvements). No phasing is required or
proposed for the provision of public improvements.
Storm Water: The current project storm water quality conditions and proposed water
quality improvements area identified in the Project's Drainage Report and Storm
Water Quality Management Plan (SWQMP) prepared by Michael Baker
International. The property is bisected by a Telegraph- Canyon Channel culvert, a
public drainage facility owned slid maintained by the City.
The Storm Water Quality Management Plan (SWQMP) has been -prepared to
implement the methods and procedures as described in the City of Chula Vista Storm
Water. Manual and Standard Urban Stormwater Mitigation Plan (SUSMP) for Best
Management Practices (BMP) design. The proposed design will utilize on-site BMPs
to treat flow from the development, The proposed BMPs and. other drainage facilities
will be privately owned and maintained. The Project is under the jurisdiction of the
San Diego Regional Water Quality Control Board (SDRWQCB). The Project is
subject to the National Pollutant Discharge Elimination System (NPDES)
requirements both during and after construction. NPDES requirements stem from the
Federal Clean Water Act and are enforced either by the State -Water Resources
Control Board (SWRCB) or the Regional Water Quality Control Board (RWQCB)
for the region in which the project is located.
The City of Chula Vista BMP Design Manual March 2019 update to the December
2015 Manual, addresses the onsite post -construction. storm water requirements for
Standard Projects and Priority Development Projects (PDPs) and provides procedures
for planning, selection, and design of permanent storm water BMPs based on the
performance standards as required by the Municipal Storm Water Permit for the San
Diego Region [Order No. R9-2013-4001 as amended by R9-2015-0401 and R9-2015-
0100]. All development projects must comply with the requirements.
Wastewater: The proposed wastewater utilities on the Project Site will be privately
owned and maintained. Michael Baker International prepared a Sewer Study Report
to analyze the effects of the Project on the City's sewer capacity. The sewer technical
study demonstrates that the Project will create minimal flow increases downstream of
the Project Site. The Project will construct two private eight inch sewer laterals
connecting to existing public utilities on Moss Street and Industrial Boulevard.
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City Council Resolution No. 2020 -
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Potable Water Demand: The proposed potable water utilities on the Project Site will
be privately owned and maintained. The Project is within the Sweetwater Authority
service area. Michael Baker International prepared a Water Study to analyze the
effects of the Project on water supply and hydraulic pressure. Sweetwater Authority
has determined that it has the capacity to provide potable water service to the Project
at the required pressures.
6. Environmental Element
The proposed project has been reviewed in accordance with the requirements of
CEQA and it was determined that the Project is covered in the concurrently adopted
Initial Study Mitigated Negative Declaration and Mitigation Monitoring & Reporting
Program (IS -18-0004) (SCH#2020049053). A Water Quality Technical Report,
Traffic Impact Study, Noise Impact Report, Air Quality and Greenhouse Gas
Evaluation, Cultural. Resources, Geotechnical Analysis, Sewer Study have been
prepared, reviewed and approved by City staff. The Development Services Director
has determined that technical changes or additions to this document are not necessary
and that none of the conditions described in Section 15162 of the State CEQA
Guidelines calling for the preparation of a subsequent document have occurred;
therefore, the Development Service Director has approved the IS/MND (IS 18-0004).
7. Growth Management
The proposed project will result in 141 new dwelling units in the South Broadway
District. A PFFP has been prepared which analyzes any potential impacts on public
facilities and services, and identifies the facilities, phasing and timing triggers for the
provision of facilities and services to serve the Project, consistent with the City's
Quality of Life Threshold Standards. The PFFP finds that the Project will not exceed
the thresholds set in the Growth Management Ordinance and that all impacts may be
addressed through the payment of the applicable development impact fees. The
Project's 141 residential. units will generate approximately 29 elementary school
students, 9 middle school students, and 13 high school students. The Applicant will
mitigate impacts on secondary and elementary school facilities through participation
in CVESD and SUHSD Community Facility Districts (CFDs).
8. Open_ Space and Conservation
The proposed project exceeds the minimum open space requirement in accordance
with the R-3 Apartment Residential Zone. The Project generates a demand of 1.1
acres of park land for the additional 141 units. Pursuant to the PFFP, the Project is
required to pay its fair share fee in the amount of $1,35 million.
The proposed grading conforms to the City's Grading Ordinance and not subject to
Conservation measures as it is an infill site. The development of the site is consistent
with the goals and policies of the Conservation Element.
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City Council Resolution No. 2020 -
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9. Safe
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.
10. 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 a Building Permit.
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 that the 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 City
Council hereby 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 High (18-27 dwelling runts per acre)
allows for a maximum of 186: units/lots and the project proposes 141 1 -lot condominium
units. The project isnot within a Sectional Planning Area (SPA)/Specific Plan area.
(b) design or improvement is consistent with applicable General and Specific Plans. The
Project's design of 141, l -lot condominium units is consistent with the R-3 zoning
classification per dwelling area and the General Plan's RH (18-27du/ac) density
designation.
(c) site is suitable for the proposed density of development. The Project's 141 units and 1
lot are within the allowed density range of 18-27 dwelling units per acre with a maximum
yield of 186 units and 1 lot.
(d) site is physically suitable for the type of development. The Project is adjacent to
residential and industrial developments with available access and infrastructure to serve
the Project.
(e) pursuant to the adopted MND, 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.
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City Council Resolution No. 2020 -
Page 7
(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 be served by fire and
emergency services, and is 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. -
E. The 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.
F. The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extent to the impaci created
by the proposed development.
III. TENTATIVE MAP CONDITIONS -OF APPROVAL
Unless otherwise specified or required by law, the conditions and Chula Vista Municipal
Code ("CVMC' or "Municipal Code"} requirements set forth below shall be completed
prior to the Final Map as determined by the Development Services Director and the City
Engineer, or their 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.
1. The Applicant, or his/her successors in interest, shall comply with all applicable City of
Chula Vista Standard Tentative Map Conditions per Section 5-300 of the City
Subdivision Manual, as approved and amended from time to time, to the satisfaction of
the Director of Development Services and City Engineer.
2. All driveways, monuments signs, utility boxes and fire hydrant locations shall comply
with the sight visibility requirements of City 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.
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City Council Resolution No. 2020 -
Page 8
3. Improvements (such as fences, 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, or his/her successors in interest, shall enter into a Storm Water
Management Facilities Maintenance Agreement to perpetually maintain all BMP's
facilities located within the Project prior to the issuance of any Grading or Building
Permits, whichever occurs first.
5. The Applicant, or his/her successors in interest, 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. Western Transportation Development Impact Fees (WTDIF)
e. Other Engineering Fees as applicable per City of Chula Vista Master Fee
Schedule.
5. The Applicant, or his/her successors in interest shalt be required to pay additional
deposits or fees in accordance with the City Subdivision Manual, and Master Fee
Schedule for the submittal of the following items:
a. Grading Plans
b. Street Improvement Plans
c. Final Map
7. The Applicant, or his/her successors in interest, shall submit CC&R's as approved by the
City Attorney to the City Engineer and the Director of Development Services Department
- for approval prior to approval'of the Final Map. Said CC&Rs shall be consistent with
Chapter 18.44 of the Subdivision Ordinance and shall include the following:
a. Indemnification of City
b. Indemnification of City for private sewer spillage.
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.
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,
8. The Applicant, or his/her successors in interest, shall submit homeowner's association
(HOA) budget for review and approval by the City Engineer for the maintenance of
City Council Resolution No. 2020 -
Page 9
private streets, storm drains and sewage systems. Said budget shall include the following
maintenance activities:
a. Street, sewer and storm drain maintenance
b. Water quality facility maintenance and inspection
9. Prior to approval of the Final Map, the Applicant, or his/her successors in interest shall
present verification to the City Engineer in the form of a letter from the Sweetwater
Authority that the subdivision will be provided adequate water service and long-term
water storage facilities.
10. The Applicant, or his/her successors in interest, must obtain a Land Development Permit
prior to beginning any earthwork activities at the site and before issuance of Building
Permits in accordance with Municipal Code Title 15.04. Developer shall submit Grading
Plans in conformance with the City's Subdivision Manual and the City of Chula Vista
BMP Design Manual.
11. Prior to the issuance of any Construction or Grading Permit which impacts offsite
property, Developer shall deliver to the Development Services Director and City
Engineer, a notarized letter of permission to construct or grade for all off-site grading.
12. The Applicant, or his/her successors in interest, shall ensure that all private lot drainage
and slopes comply with the current Building Code used by the City of Chula Vista.
13. The Applicant, or his/her successors in interest, shall obtain Army Corps of Engineer
District Engineer Section 408/404 permit approval, as required, prior to any construction
activities within the Telegraph Canyon Channel Easements, ACCE Permit requirements
must be incorporated into the Project.
14. The Applicant, or his/her successors in interest, shall obtain FEMA approval, if required,
prior to any alteration or new connection to the existing 2-12 ft x10 ft RCP box culvert
located in the floodplain within the Project.
15. The Applicant, or his/her successors in interest, shall obtain MTS approval for the
proposed private sewer lateral line installation crossing under MTS track to connect to an
existing public sewer main along Industrial Blvd prior to any construction within the
MTS right of way.
16. The Applicant, or his/her successors in interest shall obtain and record from MTS a 15 -
feet private sewer maintenance and access easement prior to Final Map approval or any
construction within the MTS right of way.
17. The Applicant, or his/her successors in interest, shall obtain authorization from
Sweetwater Union High School District prior to any construction within the Sweetwater
Union High School District property.
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18, The Applicant, or his/her successors in interest shall obtain and record from Sweetwater
Union High School District a 15 -feet private sewer maintenance and access easement
prior to Final Map approval or any construction within the School District property.
19. Any routing or connection to the existing public drainage system shall be designed per
public standards and to the satisfaction of the City Engineer and Public Works Director
prior to approval of the Grading Plans. Access to existing and future public drainage
facilities shall be accommodated via public drainage easements and. paving to
accommodate H2O wheel loading.
20. At all times, the project shall comply with the City of Chula Vista MS4 Permit and the
City of Chula Vista BMF Design Manual.
21. A Notice -of -Intent (NOT) must be filed with the SWRCB for projects covered under the
CGP. 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.
22. Prior to issuance of a Building Permit for the Project the Applicant, or his/her successors
in interest, shall obtain a Construction Permit from the Land Development Division of the
Development Services Department to perform the following work in the City's right-of-
way as specifically shown and modified on the Tentative Map dated May 2020:
a. Sewer Encasement shall be installed under railroad tracks via trenchless
technology to the satisfaction of MTS.
b. Construct half -width street improvements along Moss Street along the entire
frontage of the subject property in accordance with City Standards,
Improvements shall include, but not be limited to, monolithic curb, gutter and
sidewalk per SDRSD G-3, driveway and driveway approaches per Chula Vista
Construction Standard GSI -01, asphalt concrete paving, processed miscellaneous
base, drainage facilities, and street trees. Design shall be in accordance with
CVD-ST06.
c. Transitions to existing street improvements along Moss Street shall include curb,
gutter, sidewalk, and asphalt pavement needed to match existing pavement as
required by the City Engineer.
d. Installation of driveways meeting design standards as shown in Chula Vista
Construction Standard GSI -01. Dedication of right of way (RIW) as needed in
order for driveways to comply with (Americans with Disabilities Act) ADA
requirements,
e. Installation of pedestrian ramps across the proposed driveways on Moss Street per
SDRSD G-27, SDRSD G-31.
ME -IMM
City Council Resolution No. 2020 -
Page 11
f Installation of Gross Gutter along Moss Street per SDRSD G-12.
g. Installation of a sewer manhole per SDRSD S-2 is required at the connection of
the S" sewer lateral to the main public sewer line along Industrial Boulevard.
h. Utilities Trenching and Restoration per Chula Vista Construction Standard GSI -
03.
i. All proposed sewer laterals shall have clean outs at the property line; and shall be
in accordance with SDRSD SS -01.
j. Any existing sewer laterals on Moss Street no longer to be used for the Project,
must be abandoned in place as approved by the City Engineer & City Inspector.
k. The existing 27 foot wide double box culvert shall have existing easements
widened by a proposed adjoining easement strip for a total easement width of 45
feet. Easements extend 25 feet southerly and 20 feet northerly of the box culvert
centerline. The culvert drainage easement shall have access maintained at all
times. No permanent structures are to be allowed within the easement without
prior approval from the City of Chula Vista and the Army Corps of Engineers.
Removal of encroachments will be at the owner's expense.
1. The proposed closure of any existing driveways shall be replaced with a curb,
gutter, and sidewalk per SDRSD 0-3.
23. The Applicant, or his/her successors in interest, shall bond for Public Improvements prior
to Final Map approval for the development of the Project. Said facilities shall be
designed and constructed in compliance with City standards. A Construction Permit will
be required for all work to be accomplished within street right-of-way.
24, Any improvements in the right-of-way beyond the project limits shall be designed and
constructed as to not interfere with adjacent businesses, as approved by the City
Engineer.
25. Prior to approval of any Construction Permit, Developer 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,
26. The Applicant, or his/her successors in interest, at his own expense shall relocate or
abandon any water utility services in conflict with the driveway on Moss Street. Said
relocations shall conform to Sweetwater Authority Standard Drawings. All water
services will have to be extended at owner's expense to accommodate for the right -of
way boundary change.
27. All sewer and private storm drain systems shall be privately maintained from each
building to the City maintained public facility.
28. Any gates serving this site shall be automatic and have an Qpticom Strobe system, Knox
override switch, and click -to -enter system. Design shall be approved by the Fire
City Council Resolution No. 2020 -
Page 12
Marshall prior to Final Map approval or issuance of the first Building Permit whichever
occurs first. Developer is responsible for obtaining all required offsite easements needed
for said access.
29. The Applicant, or his/her successors in interest, shall pay Parkland Acquisition and
Development fees, at the rates in effect at the time of payment, per CVMC Chapter 17.10
& Ordinance No. 332 approved November 18, 2014, prior to final inspection of each unit.
30. Prior to issuance of a Grading Permit resolve conflicts between modular wetlands and
tree planting to the satisfaction of the Director of Development Services.
arla ule
31. The Project will require the filing of a Condominium Final Map in accordance with
Sections 66426 and 56427 of the Subdivision Map Act. Developer shall enter into an
agreement prior to approval of the Final Map to secure all Public Improvements required
for the development of the Project.
32. The Applicant, or his/her successors in interest, shall Grant on the Final Map an
Irrevocable Offer of Dedication of 36 feet from the centerline to the City along the
Project's-fiontage along Moss Street as shown on the Tentative Map.
33. The Final. Map shall show the existing 27 foot wide double box culvert easement and
shall have existing box culvert easements widened by a proposed adjoining easement
strip for a total -easement width of 45 feet. Easements extend 25 feet southerly and 20 feet
northerly of the box culvert centerline, The culvert drainage easement shall have access
maintained at all times. No permanent structures are to be allowed within the easement
without prior approval from the City of Chula Vista and the Army Corps of Engineers.
Removal of encroachments will be at the owner's expense.
34. Prior to final Map approval, the Applicant, or his/her successors in interest shall upload
copies of the 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
htW://www.chulavistaca.goy/goto/GIS. The data upload site only accepts zip formatted
files. T
35. The Project shall comply with approved General Plan Amendment MPA 18-0015, Rezone
PCZ18-0001, Tentative Map PCS -18-0006, Design Review DR18-0028, and Variance
ZAV18-0001, and the City of Chula Vista Standard Tentative Map Conditions, as
attached hereto, or on file in the Development Services Department, and incorporated
herein.
36. The Applicant shall pay in full any unpaid balance for the Project, including Deposit
Account No. DDA0367.
City Council Resolution No. 2020 -
Page 13
37. The Applicant shall implement, to the satisfaction of the Development Services Director
and the City Engineer, the mitigation measures identified in the Mitigation Monitoring
and Reporting Program (MMRP) for the Project, within the timeframe specified in the
MMRP.
38. Prior to approval of the Final Map or Grading Plan for the Project, the Engineer -of -Work
shall submit and obtain approval by the City Engineer a waiver request for all subdivision
design items not specifically waived on the Tentative Map and not conforming to adopted
City standards. The Engineer -of -work request shall outline the requested subdivision
design deviations from adopted City standards and state -that in his/her professional
opinion, no safety issues will be compromised. The waiver is subject to approval by the
City Engineer in the City Engineer's sole discretion.
Grading:
39. Grading Plans that include freestanding walls or sound walls adjacent to 2:1 or greater
slopes more than 5 feet high shall include a minimum 2. ft wide level bench for
landscaping and maintenance access adjacent to the wall.
40. Prior to City acceptance of any landscaped areas, the Applicant shall install permanent
water meters in accordance with the approved Landscape and Irrigation Plans to the
satisfaction of the Development Services Director.
41. Prior to the issuance of any Construction or Grading Permit which impacts offsite
property, the Applicant shall deliver to the Development Services Director and City
Engineer, a notarized letter of permission to construct or grade and drain for all off-site
grading.
42. The Applicant shall ensure that all private lot drainage and slopes comply with the
current Building Code used by the City of Chula Vista
Parks:
43. The Applicant, or his/her successors in interest, shall pay Parkland Acquisition and
Development fees, at the rates in effect at the time of payment, per CVMC Chapter 17.10
& Ordinance No. 332 approved November 18, 2014, prior to final inspection of each unit.
The following on-going conditions shall apply to the Project Site as long as it relies on this
approval:
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City Council Resolution No, 2020 -
Page 14
44. Approval of this request shall not waive compliance with any sections of the Chula Vista
Municipal Code nor any other applicable City Ordinances in effect at the time of building
permit issuance.
45. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless City, its City Council members, 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 actions on any environmental document concerning 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.
46. 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.
47. The Applicant shall comply with all requirements and guidelines of the City of Chula
Vista Geaeral Plan; the City's Growth Management Ordinance; Chula Vista Landscape
Manual., Chula Vista Design Plan; 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 City
Council.
48. 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 Code Section
66020(a) and failure to follow timely this procedure will bar any subsequent legal action
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City Council Resolution No. 2020 -
Page 15
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
Signature of Applicant
Date
VI. CONFORMANCE WITH CITY SUBDIVISION MANUAL
The City Council does hereby find that the project is in conformance with the -City of Chula
Vista Subdivision Manual, CVMC Chapter 18,12 and the requirements of the Zoning Ordinance.
VII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon the
enforceability of each and every term, provision, and condition herein stated; and that in the
event that any one or more terms, 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 Council of the City of Chula Vista does,
based on the findings, general and specific conditions included herein, hereby approve Tentative
Subdivision Map CVTM-18-0006 for 676 Moss Street in conjunction with the General Plan
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City Council Resolution No. 2020 -
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Amendment MPA18-0015 and Rezone PCZ18-0001, Design Review (DR18-0028), Variance
(ZAV18-0001) and Initial Study 18-0004.
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City Council Resolution No. 2020 -
Page 17
Presented by:
Kelly G. Broughton, FASLA
Development Services Director
—95—
Approved as to form by:
Glen R. Googins
City Attorney
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m �-
Attachment 10
RESOLUTION NO. 2020 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
TO ADOPT THE MITIGATED NEGATIVE DECLARATION AND
MITIGATION AND REPORTING PROGRAM IS -18-0004, AND APPROVING
DESIGN REVIEW PERMIT DRI 8-0028 TO CONSTRUCT 18 THREE-STORY
BUILDINGS TOTALING 104,416 SQUARE FEET, CONSISTING OF 141
RESIDENTIAL CONDOMUNIUM UNITS ON A 6.9 ACRE SITE LOCATED
AT 676 MOSS STREET, WEST OF BROADWAY AND EAST OF
INDUSTRIAL BOULEVARD
WHEREAS, on December 8, 2018, a duly verified application requesting approval of a
Tentative Subdivision Map: (FCS -18-0006, Chula Vista Tract No. 18-0006), Major Planning
Application (MPA18-0015), Rezone (PCZ18-001), Design Review (DR18-0028), Variance
(ZAV18-0001) and Initial Study 18-0004 were filed with the City of Chula Vista Development
Services Department by Shopoff Realty Investments, LLC (Applicant); and
WHEREAS, said Applicant requests approval to consolidate 7.29 acres into one -lot 6.94
acre Condominium Subdivision and a Design Review Permit for the construction of 141
condominium units for individual ownership with 2 car garages, 64 guest parking spaces, and
1.72 acres of open space, including a 0.42 acre private recreational facility (Project) on said
Project Site (Project); and
WHEREAS, the area of land that is the subject of this Resolution is an existing site
consisting of three contiguous parcels (APN's 618-010-26, 618-010-30, 618-010-31) located
north of Moss Street, between Industrial Boulevard and Broadway (Project Site); and
WHEREAS, the area of land that is the subject of this Resolution is an existing 7.29 acres and
consolidated to a 6.9 acres parcel located at 676 Moss Street (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 -18-004. 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 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 18-0004 and associated Mitigation Monitoring and Reporting Program; and
WHEREAS, pursuant to California Government Code section 65090, the Planning
Commission held a duly noticed public hearing on the Project and recommended that the City
Council adopt the Resolution approving the Variance; and
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on this Project, and the minutes and resolution resulting
therefrom, are hereby incorporated into the record of these proceedings; and
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City Council Resolution No. 2020 -
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WHEREAS, the City Clerk set the time and place for a hearing on the Project, and notice
of said hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the City and its mailing to property owners within 500 feet of the exterior
boundaries of the property, at least 10 days prior to the hearing; and
WHEREAS, a duly noticed public hearing was held before the City Council of the
City of Chula Vista to approve the Project,
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find and
determine as follows:
I. That the proposed development will be consistent with the City of Chula Vista's General
Plan, Title 19 of the Municipal Code, and the Chula Vista Design Manual.
Upon amendment of the General `Plan from Limited Industrial to High Density and Rezone
from ILP to R-3 by City Council, the residential project will be permitted as proposed within
the R-3 Zone. The proposed 141 -unit, 1 -lot condominium use is consistent with the RH
General Plan designation and within the range of 18-27 du/ac with 20.4 du/ac. The Project is
consistent with the development regulations as stipulated in the R-3 Zone for height, parking,
landscaping and setbacks. The front yard setback is supported by variance (ZAV18-0001 due
to a physical site constraint in regard to two underground box culverts bisecting the parcel
site from the east side of the parcel to the west resulting in a shift of buildings 11-17 south to
allow for a 45 -font easement and encroachment of 5 -feet into front yard setback. The design
of the residential condominiums meets the intent of the Chula Vista Design Manual by
providing architectural details, variation in color scheme, materials, and vertical distinction in
roof heights.
2. The design features of the proposed development are consistent with, and are a cost-
effective method of satisfying, the City of Chula Vista Design Manual and Landscape
Manual.
The architecture throughout the site is a modern housing design. The building mass is
articulated by horizontal and vertical plane offsets, including balconies and awnings
providing variety and interest. Use of color and materials accentuates architectural features
that break up the fagade and roof line. The building facades include a variety of building
materials and colors, including a mix of stucco, horizontal lap siding and horizontal railing
that were added along the exterior elevations to avoid a monotonous design. The building's
fenestration allows those passing by to see welcoming large windows and balconies designed
in a harmonious pattern. The overall design, form and scale of the building fit within the
guidelines of the Chula Vista Design Guidelines and are complimentary to the residential
character adjacent to the Project Site.
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL, BASED ON THE
FINDINGS ABOVE, approves the Design Review Permit subject to the following conditions;
ow M.,
City Council Resolution No. 2020 -
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I. The following shall be accomplished to the satisfaction of the City, prior to issuance of
building permits, unless otherwise specified;
Planning Division
1. The site shall be developed and maintained in accordance with the approved plans, which
include site plans, floor plan, and elevation plan on 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 DDA0367.
3. Prior to the approval of building permits, the -.colors and materials specified on the
building plans must be consistent with the colors and materials shown on the site plan
and materials board approved by the City Council on XXXX.
4. A_ graffiti resistant treatment shall be specified for all wall and building surfaces. This
shall be noted for any building and wall plans and shall be reviewed and approved by the
Development Services Director prior to the issuance of building permits. Additionally,
the project shall conform to Sections 9.20.055 and 9.20.435 of the CVMC regarding
graffiti control.
5. All roof appurtenances, including air conditioners and other roof mounted equipment
and/or projections, shall be shielded from view and the sound buffered from adjacent
properties and streets as required by the Development Services Director. Such screening
shall be architecturally integrated with the building design and constructed to the
satisfaction of the Development Services Director.
6. All ground mounted utility appurtenances such as transformers, AC condensers, etc.,
shall be located out of public view and adequately screened through the use of a
combination of concrete or masonry walls, berming, and/or landscaping to the
satisfaction of the Development Services Director,
7. All exterior lighting shall include shielding to remove any glare from adjacent residents.
Details for said lighting shall be included in the architectural plans and shall be reviewed
and approved to the satisfaction of the Director of Development Services, prior to the
issuance of the building permit.
S. The Applicant shall obtain approval by the Development Services Department of a sign
Permit for each sign. Signs shall comply with all applicable requirements of the
Municipal Code,
9. Applicant shall implement, to the satisfaction of the Development Services Director, the
mitigation measures identified in the Mitigated Negative Declaration (IS -18-4004) and
Mitigation Monitoring and Reporting Program.
City Council Resolution No. 2020 -
Page 4
Land Development DivisionlLandscape Architecture Division
10. All driveways, monuments signs, utility boxes and fire hydrants location shall comply
with the sight visibility requirements of city 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.
11. 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.
12. The Applicant, or his/her successors in interest, shall enter into a Storm Water
Management Facilities Maintenance Agreement to perpetually maintain all BMP's
facilities located within the project prior to the issuance of any Grading or Building
Permits, whichever occurs first.
13. The Applicant, or his/her successors . in interest, 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 (PFD1F)
d. Western Transportation Development Impact Fees (WTDIF)
e. Other Engineering Fees as applicable per City of Chula Vista Master Fee
Schedule.
14. The Applicant, or his/her successors in interest shall be required to pay additional
deposits or fees in accordance with the City Subdivision Manual, and Master Fee
Schedule for the submittal of the following items:
a. Grading Plans
b. Street Improvement Plans
c. Final Map
15. The Applicant, or his/her successors in interest, shall submit CC&R's as approved by the
City Attorney to the City Engineer and the Director of Development Services Department
for approval prior to approval of the Final Map. Said CC&Rs shall be consistent with
Chapter 18.44 of the Subdivision Ordinance and 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.
e. Maintenance of all walls, fences, lighting structures, paths, recreational amenities
and structures, sewage facilities, drainage structures and landscaping.
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City Council Resolution No. 2020 -
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f Implement education and enforcement program to prevent the discharge of
pollutants from all on-site sources to the storm water conveyance system.
16. The Applicant, or his/her successors in interest, shall submit homeowner's association
(HOA) budget for review and approval by the City Engineer for the maintenance of
private streets, storm drains and sewage systems. Said budget shall include the following
maintenance activities:
a, Street, sewer and storm drain maintenance
b. Water quality facility maintenance and inspection
17. Prior to approval of the Final Map, The Applicant, or his/her successors in interest shall
present verification to the City Engineer in the form of a letter from the Sweetwater
Authority that the subdivision will be provided adequate water service and long-term
water storage facilities.
18. The Applicant, or his/her successors in interest, must obtain a Land Development Permit
prior to beginning any earthwork activities at the site and before issuance of Building
Permits in accordance with Municipal Code Title 15.04. Developer shall submit Grading
Plans in conformance with the City's Subdivision Manual and the City of Chula Vista
BMP Design Manual.
19, Prior to the issuance of any Construction or Grading Permit which impacts offsite
property, Developer shall deliver to the Development Services Director and City
Engineer, a notarized letter of permission to construct or grade for all off-site-
grading.
20. The Applicant, or his/her successors in interest, shall ensure that all private lot drainage
and slopes comply with the current Building Code used by the City of Chula Vista,
21. The Applicant, or his/her successors in interest, shall obtain Array Corpsof Engineer
District Engineer approval, if required, prior to any new connection to the existing 2-12 ft
x10 ft RCP box culvert located in the floodplain within the Project.
22. The Applicant, or his/her successors in interest, shall obtain FEMA approval, if required,
prior to any new connection to the existing 2-12 ft x10 ft RCP box culvert located in the
floodplain within the Project. _.
23. The Applicant, or his/her successors in interest, shall obtain MTS approval for the
proposed private sewer lateral line installation crossing under MTS track to connect to an
existing public sewer main along Industrial Blvd prior to any construction within the
MTS right of way.
24. The Applicant, or his/her successors in interest shall obtain and record from MTS a 15 -
feet private sewer maintenance and access easement prior to Final Map approval or any
construction within the MTS right of way.
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City Council Resolution No. 2020 -
Page 6
25. The Applicant, or his/her successors in interest, shall obtain authorization from
Sweetwater Union High School District prior to any construction within the Sweetwater
Union High School District property.
26. The Applicant, or his/her successors in interest shall obtain and record from Sweetwater
Union High School District a 15 -feet private sewer maintenance and access easement
prior to Final Map approval or any construction within the School District property.
27. Any routing or connection to the existing public drainage system shall be designed per
public standards and to the satisfaction of the Army Corps of Engineer District Engineer,
City Engineer and Public Works Director prior to approval of the grading plans. Access
to existing and future public drainage facilities shall. be accommodated via public
drainage easements and paving to accommodate H2O wheel loading.
28. At all times, the project shall comply with the City of Chula Vista MS4 Permit and the
City of Chula Vista BMP Design Manual.
29. A Notice -of -Intent (NOT) must be filed with the SWRCB for project covered under the
CGP. A copy of the acknowledgement from the SWRCB that a NOI has been received
for this project shall be filed with the City of Chula Vista when received. Further, a copy
of the completed NOI from the SWRCB showing the Permit Number for this project shall
be filed with the. City of Chula Vista when received.
30. Prior:to issuance of a Building Permit for the Project the Applicant, or his/her successors
in interest, shall obtain a Construction Permit .from the Land Development Division. of the
Development Services Department to perforin the following work in the City's right-of-
way as specifically shown and modified on the Tentative Map dated May 2020:
a. Sewer Encasement shall be installed under railroad tracks via trenchless
technology to the satisfaction of MTS.
b. Construct half -width street improvements along Moss Street along the entire
frontage of the subject property in accordance with City Standards.
Improvements shall include, but not be limited to, monolithic curb, gutter and -
sidewalk per SDRSD G-3, driveway and driveway approaches per Chula Vista
Construction Standard GSI -01, asphalt concrete paving, processed miscellaneous
base, drainage facilities, and street trees. Design shall be in accordance with
CVD-ST06.
c. Transitions to existing street improvements along Moss Street shall include curb,
gutter, sidewalk, and asphalt pavement needed to match existing pavement as
required by the City Engineer.
d. Installation of driveways meeting design standards as shown in Chula Vista
Construction Standard GSI -01. Dedication of R/W as needed in order for
driveway to comply with (Americans with Disabilities Act) ADA requirements.
e. Installation of pedestrian ramps across the proposed driveways on Moss Street per
SDRSD G-27, SDRSD G-31.
—102—
City Council Resolution No. 2020 -
Page 7
f. Installation of Cross Gutter along Moss Street per SDRSD G-12.
g. Installation of a sewer manhole per SDRSD S-2 is required at the connection of
the 8" sewer lateral to the main public sewer line along Industrial Boulevard.
h. Utilities Trenching and Restoration per Chula Vista Construction Standard GSI_
03.
i. All proposed sewer laterals shall have clean outs at the property line; and shall be
in accordance with SDRSD SS -01.
j. Any existing sewer laterals on Moss Street no longer to be used for the project,
must be abandoned in place as approved by City Inspector.
k. The existing 2-12 ft x 10 R box culvert shall have an easement of 37 feet (or as
approved by the City Engineer and Army Corp of Engineers) and shall be
designed for H-20 loading. Drainage easement shall be maintained at all time for
access. No permanent structures are allowed in the easement without prior
approval from the City and Army Corp of Engineers. Removal of encroachments
will be at the owner's own expense.
1. The proposed closure of any existing driveways shall be replaced with a curb,
gutter, and sidewalk per SDRSD G-3.
m. Installation of an adaptive system at Industrial and Moss Traffic Signal as
approved by the City's Traffic Engineer,
31, The Applicant, or his/her successors in interest, shall band for Public Improvements prior
to Final Map approval, issuance of Building Permits or any other grants of approval for
the development of the Project. Said facilities shall be designed and constructed in
compliance with city standards. A Construction Permit will be required for all work to be
accomplished within street right-of-way.
32. Any improvements in the right-of-way beyond the project limits shall be designed and
constructed as to not interfere with adjacent businesses, as approved by the City
Engineer.
33. Prior to approval of any Construction Permit, Developer 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.
34. The Applicant, or his/her successors in interest, at his own expense shall relocate or
abandon any water utility services in conflict with the driveway on Moss Street. Said
relocations shall conform to Sweetwater Authority Standard Drawings. All water
services will have to be extended at owner's expense to accommodate for the right -of
way boundary change.
35. All sewer and private storm drain systems shall be privately maintained from each
building to the City maintained public facility.
36. Any gates serving this Site shall be automatic and have an Dpticom Strobe system, Knox
override switch, and click -to -enter system. Design shall be approved by the Fire
—103—
City Council Resolution No. 2020 -
Page 8
Marshall prior to Final Map approval or issuance of the first Building Permit whichever
occurs first. Developer is responsible for obtaining all required offsite easements needed
for said access.
37. The Applicant, or his/her successors in interest, shall pay park acquisition and
development fees, at the rates in effect at the time of payment, per the municipal code
chapter 17.10 & ordinance NO. 332 approved November 18, 2014 prior to final
inspection of each unit.
38. Prior to issuance of a grading permit resolve conflicts between modular wetlands and tree
planting to the satisfaction of the Director of Development Services.
Grading:
35. Grading plans that include freestanding walls or sound walls adjacent to 2:1 or greater
slopes more than 6 feet high shall include a minimum 2 ft. wide level bench for
landscaping and maintenance access adjacent to the wall.
36. Prior to City acceptance of any landscaped areas, the Applicant shall install permanent
water meters in accordance with the approved landscape and irrigation pians to the
satisfaction of the Development Services Director.
37. Prior to the issuance of any Construction or Grading Permit which impacts offsite
property, the Applicant shall deliver to the Development. Services Director and City
Engineer,:a notarized letter of permission to.. construct or. grade and. drain for all off-site
grading.
38. The Applicant shall ensure that all private lot drainage and slopes comply with the
current Building Code used by the City of Chula Vista
Parks:
39. The Applicant shall pay a Park Fee in the amount of $1.35 million for the 141 residential
units constructed in accordance with the City's Parkland Ordinance.
The following on-going conditions shall apply to the project site as long as -it relies on this
approval:
40. Approval of this request shall not waive compliance with any sections of the Chula Vista
Municipal Code nor any other applicable City Ordinances in effect at the time of building
permit issuance,
41. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless City, its City Council members, 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
-104-
City Council Resolution No. 2020 -
Page 9
this Tentative Map, (b) City's actions on any environmental document concerning 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.
42. 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,
43. 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; 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 City Council.
44, 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, ifany 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
t,, compliance with said conditions; and/or seek damages for heir 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.
Fire Department
45. Prior to approval of a building permit, 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.
46. Prior to approval of a building permit, the Applicant shall provide the water supply data
required to accompany an underground submittal, The Applicant shall provide a water
flow letter from. the applicable water agency having jurisdiction indicating fire flow is
available to serve this project. 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.
_145—
City Council Resolution No. 2020 -
Page 10
47. 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. Prior to occupancy, the Project will require on-
site hydrants. In addition, the fire hydrant service will need two points of connection due
to the number of required fire hydrants.
48. Fire Hydrants shall be spaced in accordance with CA Fire Code, Appendix C.
49. Fire apparatus access roads shall be marked as Fire Lanes in accordance with CVFD
standards.
50. Fire apparatus access road obstruction: Automatic gates shall be provided with both an
apticom Detection System and a Knox Key Switch override. Provisions shall be taken to
operate the gate upon the loss of power.
51. Buildings shall be provided with a Knox Vault at every Fire Control Room.
52. The buildings shall be addressed in accordance with the following criteria:
■ 0-50 ft. from the building to the face of the curb = 6 -inches in height with a 1 -inch
stroke
•
5 1-15 0 ft. from the building to the face of the curb = 10 -inches in height with a 1 Y2 -
inch stroke
a 151 ft. from the building to the face of the curb = 16 -inches in height with a 2 -inch
stroke
53. Grades for any access roadway shall be restricted to the following:
■ Asphalt c 11%
■ Concrete =/> 11%
54. Prior to occupancy, an automatic fire sprinkler and fire alarm system will be required to
be installed per the Fire Departments regulations.
Public Works, Environmental Division
55. Prior to the approval of a building permit, the Applicant shall develop and submit a
"Recycling and Solid Waste Management Plan" to the Conservation Coordinator for
review and approval as a part of the permit process. The plan shall demonstrate those
steps the applicant will take to comply with Municipal Code, including but not limited to
Section 8.24, 8.25, and 19.58.340 and meet the State mandate to reduce or divert at least
50% of the waste generated by the residential developments. The applicant shall contract
with the City's franchise hauler throughout the construction and occupancy phase of the
project. The "Recycling and Solid Waste Management Pian" features shall be identified
on the building plans.
56. Prior to the approval of a building permit, the Applicant shall submit the required
performance deposit fee.
—106—
City Council Resolution No, 2020 -
Page 11
I1. The following on-going conditions shall apply to the Project Site as long as it relies on
this approval:
57. The site shall be developed and maintained in accordance with the approved plans, which
include site plans, floor plan, and elevation plan on file in the Planning Division, the
conditions contained herein, and Title 19,
58. The Applicant shall install all landscaping and hardscape improvements in accordance
with the approved landscape pian.
59. Approval of the Design Review Permit shall not waive compliance with any sections of
Title 19 of the Municipal Code, nor any other applicable laws and regulations in effect at
the time of building permit issuance. -
60. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless City, its City Council 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 and issuance of this Design
Review Permit 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 Design Review Permit 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.
61. This Design Review Permit shall become void and ineffective if not utilized within three
years from the effective date thereof, in accordance with Section 19.14.260 of the
Municipal Code. Failure to comply with any conditions of approval shall cause this
permit to be reviewed by the City for additional conditions or revocation.
111. 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 Property Owner
—107—
Date
City Council Resolution No. 2020 -
Page 12
Signature of Applicant Date
IV. GOVERNMENT CODE SECTION 66420(d)(1), 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, review, set
aside, void or annul 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 this 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. 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.
VI. 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.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, this xxth day of xxxxxx, xxxx, by the following vote, to -wit:
AYES:
NOES:
ABSENT:
au�
City Council Resolution No. 2020 -
Page 13
ABSTAIN:
ATTEST:
xxxx, City Clerk
Presented by:
Kelly Broughton
Director of Development Services
Mary Salas, Mayor
—109—
Approved as to forrn by:
Glen R. Googins
City Attorney
THIS PAGE LEFT BLANK
-110-
Attachment 11
RESOLUTION NO. 2020 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A VARIANCE, ZAV18-0001 TO
DEVIATE THE FRONT SETBACK FROM 15 TO 14 FEET TO
ALLOW AN EXISTING DOUBLE-BARRELED CULVERT TO
REMAIN IN ITS CURRENT LOCATION ON A 6.9 -ACRE SITE
LOCATED AT 676 MOSS STREET
WHEREAS, on December 7, 2018, a duly verified application for a Variance was filed
with the City of Chula Vista Development Services Department by Shopoff Realty Investrnents,
LLC (Applicant); and
WHEREAS, the application requests approval of a Variance to deviate the front setback
from 15 to 10 feet along Moss Street to allow a double-barreled 10'x12' culvert within the
Telegraph Canyon Channel easement to remain in its current location associated with the
construction of a 141 -unit condominium complex with carports, and associated open space on
approximately 6.9 acres (Project); and
WHEREAS, the area of land which is the subject of this Resolution is an existing 6.9 -
acre parcel located at 676 Moss Street (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 -18-004. 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 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 18-0404 and associated Mitigation Monitoring and Reporting Program; and
WHEREAS, pursuant to California Government Code section 65090, the Planning
Commission held a. duly noticed public hearing on the Project and recommended that the City
Council adopt the Resolution approving the Variance; and
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on this Project, and the minutes and resolution resulting
therefrom, are hereby incorporated into the record of these proceedings; and
WHEREAS, the City Clerk set the time and place for a hearing on the Project, and notice
of said hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the City and its mailing to property owners within 540 feet of the exterior
boundaries of the property, at least 10 days prior to the hearing; and
— 1 11 —
Resolution 2020 -
Page 2 of 5
WHEREAS, a duly noticed public hearing was held before the City Council of the City
of Chula Vista to approve the Project.
NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of Chula Vista
that it hereby makes the following findings:
1. That a hardship peculiar to the property and not created by any act of the owner exists.
Pursuant to Chula Vista Municipal Code Section 19.14.190, an existing Telegraph Canyon
Channel easement with a double-barreled box culvert creates a special circumstance resulting
in a hardship for the property owner, denying development rights enjoyed by surrounding
properties. The site is bifurcated from the east side of the parcel to the west side by a channel
easement with a double-barreled box culvert requiring a 45 -foot easement creating
substantial site planning constraints. Surrounding properties are developed and do not have a
similar constraint. The box culvert cannot be feasibly relocated as the Telegraph Canyon
Channel easement runs throughout the City. Due to the 45 -foot easement, site planning
requires this area to be clear of buildings immediately adjacent to the culvert requiring a
Variance to ensure that development potential is not lost. The intent of the front yard setback
requirement will remain due to the buildings location as they will continue to be set back at
least 15 feet from the sidewalk on Moss Street.
2. That such a variance is necessary for the preservation and enjoyment of substantial
property rights possessed by other properties in the same zoning districts and in the
same vicinity, and that a variance, if granted would not constitute a special privilege of
the recipient not enjoyed by his neighbors.
The Variance will allow the Property Owner to build the condominium project, and
associated amenities, such as recreation facilities similar to other property owners in the
vicinity of the Project, Other parcels surrounding the area are not -burdened by the constraint
of a culvert bisecting the properties.
3. That the authorizing of such variance will not be of substantial detriment to the
adjacent property and will not materially impair the purposes of this chapter or public
interest.
The granting of this Variance will not be of substantial detriment to adjacent properties.
Surrounding parcels are developed with single-family, multi -family, or industrial
developments, and will not be adversely affected by the Project. The Project will develop the
site frontage with landscaping, which will include tree plantings between the sidewalk and
the buildings.
4. That the granting of this variance will not adversely affect the General Plan of the City
or the adopted plan of any government agency.
-112-
Resolution 2020 -
Page 3 of 5
The granting of this Variance will not adversely affect the General Pian of the City. The
General Plan has been amended to accommodate the Project. The Project is, therefore,
consistent with the General Plan, as well as all aspects of the Chula Vista Municipal Code.
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL, BASED ON THE
FINDINGS ABOVE, hereby approves the: Variance subject to the following conditions:
I. The following shall be accomplished to the satisfaction of the Director of Development
Service, or designee, prior to issuance of Building Permits, unless otherwise specified:
Planning Division
1. 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 DDA -0367.
II. The following on-going conditions shall apply to the Project Site as long as it relies on
this approval:
1. Approval of the Variance shall not waive compliance with any Sections of Title 19 of
the CVMC, nor any other applicable laws and regulations 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 the City, its City Council 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
Variance; (b) City's actions on any environmental document concerning this Variance
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.
3. This Variance shall become void and ineffective if not utilized within three years
from the effective date thereof, in accordance with Section 19.14.260 of the CVMC.
Failure to comply with any conditions of approval shall cause this permit to be
reviewed by the City for additional conditions or revocation.
111. 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
—113—
Resolution 2420 -
Page 4 of 5
execution, this document shall be signed and returned to the City's Development Services
Department.
Signature of Property Owner
Signature of Applicant
Date
Date
IV. GOVERNMENT CODE SECTION 66420(d)(1), 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 Code Section 66020(a)
and failure to follow timely this procedure will bar any subsequent legal action to attack,
review, set aside, void or annul imposition. The right to protest the fees, dedications,
reservations, or other exactions does not apply to plaming, zoning, grading, or other
similar application processing fees or service fees in connection with this 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. 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.
VI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in
the event that any one or more terms, 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.
Presented by:
-114-
Approved as to form by:
Resolution 2020 -
Kelly G. Broughton, FASLA
Director of Development Services
—115—
Glen R. Googins
City Attorney
Page 5 of 5
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-116-
ITEM 3
IS18-0004 - 676 MOSS STREET
ATTACHMENT 12
Project Plans
(shared electronically)
-117-
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ITEM 3
IS18-0004 - 676 MOSS STREET
EMAI.LS RECIEVED FROM THE PUBLIC
-119-
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-120-
Patricia 5airracion
From: Stan Donn
Sent: Thursday, June 18, 2020 2:24 PM
To: Patricia Salvation
Subject: FW: Moss street essential business for the Navy and the ship yards
Stan Donn, AIM Project Manager
City of Chula Vista, Development Services Department
276 Fourth Avenue, Chula Vista, CA 91910
Ph (619) 409-5953
Fx (619) 409-5859
Email sdonn@chulavistaca.gov
From: THERESA ACERRD
Sent: Thursday, June 18, 202012:48 PM
To: John McCann <jmccann@chulavistaca.gov>; Jill Galvez <jmgalvez@chulavistaca.gov>; Steve C. Padilla
<spadilla@chulavistaca.gov>; Mike Diaz <mdiaz@chulavistaca.gova; Mary Salas <MSalas @chulavistaca.gov>; Oscar
Romero <oromero@chuiavistaca.gov>; Stan Donn <Sdonn@chulavistaca.gov>; Gary Halbert
<GHaThe rt@chulavistaca.gov>; Eric Crockett <ECrockett@chulavistaca.gov>; Steve Power <SPower@chulavistaca.gov>
Subject. Moss street essential business for the Navy and the ship yards
Wari�ig.
Eiernaj. I talked to Tim at Kleen Blast Abrasives 510 207 2719 they are an essential
business for the ship yards and the Navy. They need the rail to get what they
need to produce what the Navy and the ship yards need. This lot is the oN LY place
they can be. If they shut down in September the ship yards and the Navy will have to
shut down as well. This zone and plan change cannot be approved.
They are afraid of immediate eviction if they participate in process and complain.
You can not allow this to happen.
This
entire
project should never
have gotten this far.
Why
in the
world did no one talk
to these people
months ago????
-121-
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-122-
Patricia Salvacio ��} 1
n
Subject: FW: fames great speaking with you
....... _ .............__. _..--_..-..___......_._..___�_..-.......__-._ __..._...-....._ .._..._..---____ - _...-.._. ._.__..� __.--.__.— _ _
From: Greg Moore nompoloomismi
Sent: Tuesday, lune 16, 2020 8:20 PM
To: James O'Malley
Subject: fames great speaking with you
I appreciate the extra time you have given me to dec 1 st 2020• Any and all extra time you can get
takes pressure off of me.
We could finish earlier, its just going to be right about that time and I'm trying everything I can to get-
out of here before that day. Corona stole 3 months from me, that didn't help. Send real talent here,
that will help.
know I've opposed your development in the past due to how hard it was to find land like and all the
time and money 1 spent to build this place to work well for yacht restoration. Most is wasted but had to
do it to finish boat. Got about 240 grand into facility just to do projects this big. But after being here 3
years now, I clearly see this land is surrounded by apartments and housing and realize that all the
south bay development seems like a good thing for everyone.
Thanks for giving me a solid date, any more time, please let me know. If things stall in bureaucracy
like southbays other projects, it took forever but they did it right. I dont think your approval process will
go as fast as you think and someones going to need my rent just as bad as t dont need more
pressure here at the -very end of a 5 years project. I dont know how l plan to move and then stay to
pay more if you stall. Almost have to ignore that stalled option and let it sit empty until you finally
demo.
My partners entire life has been real estate, hes 60 and been retired 20 years already. If you need
funding or help with this development, just make sure he gets his darn yacht done without moving
again. LCL His name is James Kaiser, everyone wants to be Jim, hes happy and -rich. When he gets
unhappy he just waives a check at it and gets it off his desk and onto the pros desk. Hes so happy,
Lady Gaga and George Bush fly out to hang out with him. You would like him.
my problem, I can only go so fast. I cant load vessel down with more personnel when white fabrics
are everywhere but at least we have a new target date we all are agreed on.
my
world; htt s:llvimeo.coml376040368?fbclid=lwAR2fQW mGMNdE'2 5MXOHH kQb52JbSHDJBBaW
2ekmB mOvRBCNHIsvkFUo
Thank you, please have a wonderful day.
Greg Moore
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Boat Yard San Diego
ph- (619) 218-1018
Address: 676 Mass St. Lot A
Chula Vista Ca. 91911
Services:
htt�:llrvww,boaimardsandiKo.com boat building, repower, repaint
h, ttp:/Mww.sandi%ioboatelectric.com est 1983 Drawings, repairs to propulsion controls and switchboards. Electronics and Electrical Engineering for Navy,
Pleasure, Commercial, Industrial,
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ITEM 4
D1 RECTOR'S REPORT
PLANNING COMMISSION
ANNUAL ACTIVITY REPORT 2019-2020
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ANNUAL ACTIVITY REPORT
CITY OF CHULA VISTA BOARDS & COMMISSIONS
FISCAL YEAR 2019-2020
Board/Commission: Planning Commission
Highlights of Activities during the past fiscal year:
During Fiscal Year 2019-20, the Planning Commission considered and/or approved several new
developments proposed in the City of Chula Vista:
July 2019
August 2019
Approved DR18-0019 - Design Review of a four-story building consisting of 46
apartment units with an affordable housing component and resident amenities to
include a community room and recreation areas on approximately 1.13 acres west of
Third Avenue and south of K Street.
Approved DR19-0003- Design Review of a single -story building totaling 43,500 square -
feet, consisting of commercial/industrial lease space with associated parking on
approximately 2.79 acres located at 116 7t" Street (Lot 6 of the Otay River Business Park
Specific Plan).
Approved DR19-0004 - Design Review of a single -story building totaling 52,000 square
feet consisting of commercial/industrial lease space with associated parking on
approximately 3.28 acres located at 116 7t" Avenue (Lot 7 of the Otay River Business
Park Specific Plan).
September 2019
October 2019
Approved ❑R18-0011 to subdivide into ten condominium lots to allow for the
construction of nine commercial/industrial buildings and approved Master Conditional
Use Permit (CU P18-0032) to allow for specific conditional permitted uses to occur on the
project site.
Approved DR19-0024 Design Review Permit for a mixed- use project comprised of 237
multi -family units, 15,000 sq. ft. of ground -floor commercial, a 5 -level parking structure,
recreation area, and associated open space on approximately 5 acres located in the
Otay Ranch Freeway Commercial North, Lot 6.
Approved DR19-0001 Design Review of a 143,609 square -foot Self -Storage Facility on a
2.81 -acre lot located at 1008 Industrial Boulevard.
Accepted the 6th Housing Element Cycle Update and Regional Housing Needs
Assessment
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November 2019
December 2019
January 2020
Approved DR18-0001- Design Review for a 58,000 square -foot commercial retail
shopping center consisting of a market along the west side of the property and three
corn mercial/restaurant building pads along Palomar Street and Industrial Boulevard.
Approved DR17-0023 - Design Review of a nine (9) small lot single-family subdivision
with associated open space and. shared private driveway on approximately 0.21 -acres
located at the corner of Church Avenue and Madrona Street.
Approved PCS18-0+004 - Tentative Subdivision Map to subdivide a 0.21 -acre site
into nine (9) small lot single-family subdivision for individual ownership located at the
corner of Church Avenue and Madrona Street.
Approved CU P19-0020 - Consideration of a Conditional Use Permit to allow the use of
the Marriott Springhill Suites -Eastlake hotel with 179 guest rooms and associated
recreation area on a 2.75 -acre site located at the corner of Fenton Street and Showroom
Place.
Approved DR 19-0029 - Design Review consideration of a 5 -story, 127,628 sq. ft.
Marriott Springhill Su€tes-Eastlake hotel.
Approved DR19-0018 - Design Review to construct a mixed-use project consisting of 480
rental apartments, 15,010 square feet of commercial space, an on-site leasing office,
and 862 parking spaces on 12.08 acres within the Millen€a Master Planned Community.
Approved an Addendum to the Final Environmental Impact Report (FEIR) 10-03 (iS19-
0002); with consideration of amendments to the Chula Vista General Plan (MPA19-0009)
and the Otay Ranch General Development Plan (MPA19-0010); approved an amendment
to the Village 8 West Sectional Planning Area .(SPA) Plan (MPA19-0011), including the
Planned Community District Regu.lations/Design Plan (Form Based Code), to rezone a
planned middle school site from "Town Center" to "Medium -High Residential," transfer
284 residential units from Village 8 East to Village 8 West, redistribute residential units
and commercial square footage among Village 8 West parcels, reduce the size of the
neighborhood park, extend an internal street to the southern boundary of Village 8 West
to connect to a planned off-site street providing access to the future Chula Vista
Greenbelt Trail and Otay Ranch South Community Park, relocate and increase the size of
the on-site water q ual ity/hyd rorn od ification basin and add an off-site water quality basin
within the development footprint of the'Otay Ranch South Community Park (Project);
approved a new Village 8 West Tentative Subdivision Map (PCS19-0403), implementing
the Village 8 West SPA Plan; approved a Master Precise Plan for the Village 8 West Town
Center (MPA19-0012); approved an amendment to the Village 8 East SPA Plan (MPA19-
0013) to remove 284 residential units, and approved an amendment to Village 8 East
Tentative Subdivision Map (CVT 13-03), to remove 284 residential units (PCS19-0004).
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May 2020
Accepted the Fiscal Year 2019 GMOC Annual Report with recommendations at the Joint
Workshop of the City Council, Planning Commission, and the Growth Manaeemenr
Oversight Commission.
Approved DR19-0025 - Design Review of a 27,821 square -foot building with
a 4,185 square -foot covered entryway for supportive uses to include a vehicle collision
and automotive repair facility on approximately 2.2 acres located at 1880 Auto Park
Place.
Approved DR19-0019 - Design Review -to construct 280 multi -family units on 11.6 acres
within the Village Eight West Master Planned Community,
Approved Transportation Study Guidelines which implement the requirements of Senate
Bi 11743, including using Vehicle Miles Traveled to determine the significance of a project's
transportation impacts under the California Environmental Quality Act.
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