HomeMy WebLinkAboutReso 2020-281Recording requested
• by:
City of Chula Vista
After recording return
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City of Chula Vista
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Chula Vista, CA 91910
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Gov't Code 6103
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DOC# 2021-0229625
II II III I III I IIII IIII IIII I III I IIII IIIII II I I I I I III I II III
Mar 24, 2021 03:42 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
This space for Recorder's use only
RESOLUTION NO. 2020-281
PAGES: 19
• RESOLUTION NO. 2020-281
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING TENTATIVE SUBDIVISION
MAP PCS 18-0006 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-] (Project
Site); and
WHEREAS, on December 7 2018, a duly verified application requesting approval of a
Tentative Subdivision Map (PCS18-0006, Chula Vista Tract No. 18-0006), Major Planning
Application (MPA18-0015), Rezone (PCZ18-0001), Design Review (DR18-0028), Variance
(ZAV18-0001) and Initial Study (IS18-0004) were filed with the City of Chula Vista Development
Services Department by Shopoff Realty Investments, LLC (Applicant); and
•
WHEREAS, said Applicant licant re approval to consolidate 7.29 acres into a one -lot 6.94
pp requests pp
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 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, IS18-0004. 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, IS 18-0004 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
Resolution No. 2020-281
Page No. 2
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
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 6 -Yes, 0 -No, 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. 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.
•
Resolution No. 2020-281
Page No. 3
• 2. 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 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 on-site
private streets are designed in accordance with the City design standards and/or
requirements and provides for vehicular and pedestrian connections.
3. 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 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.
Resolution No. 2020-281
Page No. 4
4. 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 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. R9-2013-0001 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, including a subterranean private sewer pump system that serves
approximately 86 units or 61 percent of the project, all north of the Telegraph Canyon
Channel box culvert drainage facility. 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 a private sewer pump station
and one private eight -inch sewer lateral connecting to existing public utilities on Moss
Street.
is
Resolution No. 2020-281
Page No. 5
• 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.
5. 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 (IS18-0004)(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).
6. 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.
7. 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.
8. 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.
0
Resolution No. 2020-281
Page No. 6
9. Noise
•
The Project has been reviewed for compliance with the Noise Element and will comply
with applicable noise measures at the time of issuance of 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 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 (18-27du/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.
(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. 40
Resolution No. 2020-281
Page No. 7
• 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-TR07B.
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.
Resolution No. 2020-281
Page No. 8 0
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.
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 a Declaration of Covenants,
Conditions, and Restrictions (the "CC&Rs") 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, among other necessary, appropriate or customary
provisions, the following obligations of the Homeowners Association (HOA): •
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 the CC&R's.
e. Provision that no private facilities shall be requested to become public.
f. Maintenance of all walls, fences, lighting structures, paths, recreational amenities
and structures, sewage facilities (including the private sewer pump station and all
systems and appurtenance [the "private pump station"]), 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.
h. Include a provision assuring HOA membership in the USA Dig Alert Service in
perpetuity. The HOA will be required to mark out all underground HOA facilities
upon advance notice by the USA Dig Alert Service.
i. Provision for funding of increased costs to the City, if any, for the maintenance or
repair of the Telegraph Canyon Channel culvert as a result of the location or design
of the Project.
The CC&Rs shall include the following obligations of the HOA regarding the private pump
station:
0
Resolution No. 2020-281
Page No. 9
• a. The HOA is responsible for all costs, in perpetuity, associated with the pumping
system, including but not limited to operations, maintenance, electrical costs and
capital improvements (e.g. replacement and rehabilitation costs).
b. The HOA budget shall include the private pump station Operations and
Maintenance (O&M) costs for the 86 units north of the Army Corps of Engineers
(ACOE) Telegraph Canyon Channel, and shall disclose to the HOA members that
this cost is an additional cost for their sewage besides the regular City billing that
will be on the property tax rolls since this is part of the Montgomery Annexation
area and Chula Vista bill's Montgomery area parcels on the tax rolls, not the water
bill and not through Finance Department billing.
c. The HOA acknowledges that the City of Chula Vista declines to accept the private
pump station, appurtenances and any part thereof, at any time, including but not
limited to ownership, operations, maintenance, or the impacts resulting from its
maintenance or operation. Odor and noise control are included in the definition of
operations and maintenance.
d. The HOA shall not seek to be released by the City from the maintenance
obligations, reconfigurations or upgrades of the private pump station and all
associated infrastructure.
e. Upon the sale of a new home, which is subject to the private pump station fees, any
person engaged in the business of real estate sales shall disclose the existence of
the private pump station and the obligation for the buyer to pay for their equitable
• share of the on-going costs associated with the private pump station in perpetuity
as the City declines to accept the private pump station. The costs of the private
pump station shall be identified as being in addition to the sewer fees issued by the
City for transport and treatment of sewerage. The disclosure form shall be presented
as annual life cycle costs which include at a minimum the following line items:
operations, utility expenses, maintenance, and capital improvements including
replacement and rehabilitation costs. Costs should be projected out over the
lifespan of the system and annualized. A plat of the pump sewer area of benefit
shall also be included in the documents. This disclosure shall take place before any
binding commitment is made either by the seller to sell the property to a specific
buyer or by the buyer to purchase the property and shall be signatory
acknowledged. The form shall be in triplicate with original to be returned to seller
and one copy to buyer and one copy to "City of Chula Vista- Attention:
Development Services Dept. Project Manager."
f. No modifications to the private pump station can proceed without written consent
of the City Engineer and where applicable the ACOE, including but not limited to
the channel crossing and ACOE easement.
9. The Applicant, or his/her successors in interest, shall submit evidence, acceptable to the
City Engineer and the Director of Development Services of the formation of a HOA prior
to Final Map approval.
Resolution No. 2020-281
Page No. 10
10. The Applicant, or his/her successors in interest, shall submit a HOA budget, prior to Final •
Map approval for review and approval by the City Engineer for the operation, maintenance,
inspection and long term replacement costs of private streets, pavements, sidewalk, storm
drains systems, water quality facilities, sewage systems, private pump station, street trees,
street lights including power supply, street sweeping, and landscaping of private common
areas.
11. 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.
12. 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.
13. 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.
14. 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.
15. The Applicant, or his/her successors in interest, shall obtain ACOE Section 408/404 permit
approval, as required, prior to any construction activities within the Telegraph Canyon
Channel Easements. AOCE Permit requirements will be incorporated as conditions of the
Project. Such requirements may include, without limitation, additional construction access
easements for the benefit of one or more public agencies, encroachment removal
obligations, maintenance agreements or other similar provisions designed to mitigate
future public maintenance and replacement costs of the Telegraph Channel culvert.
16. 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.
17. The Applicant, or his/her successors in interest, shall obtain all required permits and
approvals from the ACOE for the proposed private pump station (e.g. force mains,
appurtenances, etc.) crossing their structure and easement prior to grading permit issuance
or any construction activities within the Telegraph Canyon Channel Easements (double
RCB drainage culvert). The Applicant, or his/her successors in interest, shall ensure that
the design of the private pump station, including. but not limited to the pump, force mains,
and appurtenances, meet the design requirements of the ACOE.
is
Resolution No. 2020-281
Page No. 11
• 18. The private pump station final design shall adhere to the Chula Vista Subdivision Manual,
reference Section 3-300 and 304
(https://www.chulavistaca.gov/home/showdocument?id=7819), federal, state and local
regulations prior to grading plans approval.
19. Due to the proximity to the channel (i.e., water way) a minimum of 8 hours of emergency
storage is required verses the standard 6 hours as described in Section 3-304(4) of the
Subdivision Manual. The location of said storage must be approved by the ACOE & City
Engineer prior to grading plan approval.
20. The private pump station requires continuous operation (i.e., 24 hours/7days a week/365
days per year operation) and shall be located to allow access to it at all times. The
Applicant, or his/her successors in interest, shall provide a Pump Operations Plan and
Emergency Response Plan, reference Section 3-304 (8) for minimum response
requirements prior to grading plan approval.
21. 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.
22. At all times, the project shall comply with the City of Chula Vista MS4 Permit and the City
0 of Chula Vista BMP Design Manual.
23. A Notice -of -Intent (NOI) must 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.
24. 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. 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.
b. 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.
0
Resolution No. 2020-281
Page No. 12
c. Installation of driveways meeting design standards as shown in Chula Vista is
Construction Standard GSI -01. Dedication of right of way (RNV) as needed in order
for driveways to comply with (Americans with Disabilities Act) ADA
requirements.
d. Installation of pedestrian ramps across the proposed driveways on Moss Street per
SDRSD G-27, SDRSD G-31.
e. Installation of Cross Gutter along Moss Street per SDRSD G-12.
f. 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 Moss Street .
g. Utilities Trenching and Restoration per Chula Vista Construction Standard GSI -03.
h. All proposed sewer laterals shall have clean outs at the property line; and shall be
in accordance with SDRSD SS -01.
i. 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.
j. 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.
k. The proposed closure of any existing driveways shall be replaced with a curb,
gutter, and sidewalk per SDRSD G-3.
25. 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.
26. 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.
27. 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.
28. 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.
29. All sewer and private storm drain systems shall be privately maintained from each building
to the City maintained public facility. is
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• 30. 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 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.
31. 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.
32. 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:
33. The Project will require the filing 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.
34. 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.
• 35. 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.
36. 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
http://www.chulavistaca.gov/goto/GIS. The data upload site only accepts zip formatted
files.
37. The Project shall comply with approved General Plan Amendment MPA18-0015, 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.
38. The Applicant shall pay in full any unpaid balance for the Project, including Deposit
Account No. DDA0367.
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Page No. 14
39. 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 (MIARP) for the Project, within the timeframe specified in the MIVIRP.
40. 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:
41. 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.
42. 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.
43. 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.
44. 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:
45. 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:
46. 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.
47. 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 •
Resolution No. 2020-281
Page No. 15
• 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.
48. 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.
49. 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.
50. 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 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.
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Resolution No. 2020-281
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•
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.
Brian G. Rupp, Property Owner ate
S �— �� ►�, a SI ST2 �'� T L �. C
Brian G. Rupp, Applicant Date
S i- F- h-- o S S g TG -
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
Amendment MPA18-0015 and Rezone PCZ18-0001, Design Review (DR18-0028), Variance
(ZAV18-0001) and Initial Study 18-0004.
0
•
Presented by
ahy2gxae�—
Tiffan;7AWn
Director of Development Services
Resolution No. 2020-281
Approved as to form by
Gen R. ogins
Ci Atto ey
Page No. 17
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 8th day of December 2020 by the following vote:
AYES: Councilmembers: Cardenas, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
is
ATTEST:
Bigelow, WINC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2020-281 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 8th day of December 2020.
Executed this 8th day of December 2020.
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Resolution No. 2020-281
Page No. 18
RH