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HomeMy WebLinkAbout2024.06.26 PC Date:Wednesday, June 26, 2024 Time:6:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA Planning Commission Regular Meeting Watch live in English and Spanish: chulavistaca.gov/boardmeetings Free Spanish interpretation is available on-site. ______________________________________________________________________________ In-Person Public Comments: Join us for the Planning Commission meeting at the time and location specified on this agenda to make your comments. Electronic Public Comments: At www.chulavistaca.gov/boardmeetings, locate this meeting and click the comment bubble icon. Select the item and click on "Leave comment." The deadline to submit e-comments or any comments emailed to PC@chulavistaca.gov will be noon on the day of the meeting. Watch Live or Recorded Meetings: Visit www.chulavistaca.gov/boardmeetings. Click "ES" at the bottom to switch to Spanish. Closed captioning is available in both languages. ACCESSIBILITY: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact PC@chulavistaca.gov or (619) 691-5041. Providing at least 48 hours' notice will help ensure that reasonable arrangements can be made. Time Allotted for Speaking (subject to change by the presiding officer) - Consent Calendar ( any or all items): 3 minutes - Agenda Items (not on Consent): 3 minutes - General Public Comment (not on agenda): 3 minutes Individuals who use a translator will be allotted twice the time. Pages 1.CALL TO ORDER 2.ROLL CALL Commissioners Burroughs, Combs, Felber, Leal, Torres, Zaker, and Chair De La Rosa. 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.CONSENT CALENDAR (Items 4.1 through 4.2) Consent calendar items are considered together and acted upon by one motion. There is no separate discussion of these items unless a commissioner or staff removes the item from the Consent Calendar. Recommended Action: Commission approve the recommended action on the below consent calendar items. 4.1 Approval of Meeting Minutes 4 Recommended Action: Approve the minutes dated: May 08, 2024. 4.2 Consider Request for Excused Absence 7 Commissioner Burroughs from the May 08, 2024, Planning Commission meeting. Recommended Action: To consider request for excused absence as appropriate. 5.PUBLIC COMMENTS Persons may address the Commission on any subject matter within the Commission’s jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Commission from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Commission may schedule the topic for future discussion or refer the matter to staff. If you wish to speak on any item, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting or submit an electronic comment per the instructions on page one of this agenda. 6.PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on one of these items, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting or submit an electronic comment per the instructions on page one of this agenda. City of Chula Vista Planning Commission June 26, 2024 Agenda Page 2 of 33 6.1 Time Extension to Tentative Map No. PCS18-0003, for a Previously Approved For-Sale Sixteen (16) Unit Multi-Family Residential Development located at 354 Moss Street (APN: 619-010-140) 8 Environmental Notice: The Project qualifies for a Class 32 Categorical Exemption pursuant to Section 15332 (In-fill Development Projects) of the California Environmental Quality Act (“CEQA”) State Guidelines as previously approved and adopted in Planning Commission Resolution No. PCS18-0003 dated April 28, 2021. Recommended Action: Adopt a Resolution approving the requested two-year time extension to Tentative Map PCS18-0003 from April 28, 2024, until April 28, 2026. 7.DIRECTOR'S REPORT 8.CHAIR'S COMMENTS 9.COMMISSIONERS' COMMENTS 10.ADJOURNMENT to the regular meeting on July 10, 2024 at 6:00 p.m. Materials provided to the Planning Commission related to any open-session item on this agenda are available for public review at www.chulavistaca.gov/boardmeetings or the City Clerk's Office at 276 Fourth Ave, Chula Vista. City of Chula Vista Planning Commission June 26, 2024 Agenda Page 3 of 33 City of Chula Vista Regular Planning Commission Meeting MINUTES May 8, 2024, 6:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Commissioners Present: Commissioner Combs, Commissioner Felber, Commissioner Leal, Vice Chair Torres, Commissioner Zaker, Chair De La Rosa Absent: Commissioner Burroughs Also Present: Development Services Director Black, Legal Counsel Punam Prahalad representing Lounsbery, Ferguson, Altona & Peak LLP, Commission Secretary Zepeda Minutes are prepared and ordered to correspond to the agenda. _____________________________________________________________________ 1. CALL TO ORDER The meeting was called to order at 6:03 p.m. 2. ROLL CALL Commission Secretary Zepeda called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Led by Commissioner Zaker. 4. PUBLIC COMMENTS There were none. 5. PRESENTATIONS 5.1 Presentation by Deputy City Manager Courtney Chase: Keeping Chula Vista Safe, Clean and Well-Maintained, A Status Update on Measure P Deputy City Manager Chase presented Measure P updates. Page 4 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda 2024-05-08 Planning Commission Regular Meeting Minutes Page 2 6. PUBLIC HEARINGS 6.1 Comprehensive Code Update – Consideration of Amendments to the Chula Vista Municipal Code Moved by Commissioner Leal Seconded by Commissioner Zaker To recommend that the City Council of the City of Chula Vista adopt an ordinance amending Chula Vista Municipal Code (“CVMC”) Title 8 (Health and Sanitation), Title 12 (Streets and Sidewalks), Title 13 (Sewers), Title 15 (Buildings and Construction), Title 18 (Subdivisions), a nd Title 19 (Planning and Zoning). To include amendments to Attachment 17, regarding the threshold for commercial/industrial and institutional projects to be 50,000 sq. ft. or less and residential projects of 80 units or less ; Attachment 6, related to ADU’s, to remove paragraph 12 as well as the language in paragraph 3 regarding the 50% total floor area ; and Attachment 5, relating to the two-unit residential development and urban lot split, to remove paragraph 11. The motion was carried by the following vote: Yes (6): Commissioner Combs, Commissioner Felber, Commissioner Leal, Vice Chair Torres, Commissioner Zaker, and Chair De La Rosa Result, Carried (6 to 0) 7. ACTION ITEMS 7.1 Approval of Meeting Minutes Moved by Commissioner Combs Seconded by Commissioner Leal To approve the minutes dated: April 24, 2024. The motion was carried by the following vote: Yes (5): Commissioner Combs, Commissioner Leal, Vice Chair Torres, Commissioner Zaker, and Chair De La Rosa Abstain (1): Commissioner Felber Result, Carried (5 to 0) 7.2 Consider Request for Excused Absence Page 5 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda 2024-05-08 Planning Commission Regular Meeting Minutes Page 3 Moved by Commissioner Zaker Seconded by Commissioner Leal To approve an excused absence by Commissioner Felber for the April 24, 2024 meeting. The motion was carried by the following vote: Yes (5): Commissioner Combs, Commissioner Leal, Vice Chair Torres, Commissioner Zaker, and Chair De La Rosa Abstain (1): Commissioner Felber Result, Carried (5 to 0) 8. DIRECTOR'S REPORT Director Black discussed upcoming Planning Commission meetings. 9. CHAIR'S COMMENTS Chair De La Rosa thanked everyone for a good meeting and their patience. 10. COMMISSIONERS' COMMENTS Commissioner Zaker thanked Director Black, Planning Manager Philips, and staff for their work. 11. ADJOURNMENT The meeting was adjourned at 8:07 p.m. Minutes prepared by: Mariluz Zepeda, Commission Secretary _________________________ Mariluz Zepeda, Secretary Page 6 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda Request for Excused Absence Form – 6/19 REQUEST FOR EXCUSED ABSENCE City of Chula Vista Boards, Commissions, and Committees Name: _________________________________________________ Date of Absence: _________________________________ Board/Commission/Committee: _________________________________________________________________________________ Chula Vista Municipal Code section 2.25.110 (C) allows board/commission/committee members, by a majority vote, to excuse a fellow board, commission, or committee member’s absence from a meeting for any of the reasons listed below. A member who is absent from three consecutive, regular meetings will be deemed to have vacated his or her membership, unless the member’s absence is excused by a majority vote of the other members. An absence is only recorded as “excused” upon receipt of a member’s request and majority vote of the board/commission/committee to excuse the absence. Accordingly, if you have been absent from a regular meeting, please complete and submit this form to the chair or secretary. Please indicate the reason for the absence:  1. Illness of the member, family member of the member, or personal friend of the member;  2. Business commitment of the member that interferes with the attendance of the member at a meeting;  3. Previously scheduled vacation of the member, notice of which was provided to the respective board or commission in advance of the meeting;  4. Attendance of the member at a funeral, religious service or ceremony, wedding, or other similarly significant event;  5. Unexpected, emergency situation that prohibits the member’s attendance; or  6. Other reason for which the member has given notice to the secretary of his or her unavailability at least seven days in advance of the meeting. OR  The absence was not for any of the above-listed reasons. I understand that the absence will be recorded as unexcused. I certify the reason for the absence indicated above is true and correct. Member’s Signature: __________________________________________________________ Date: _____________________________ If completed by secretary or staff to board/commission/committee: Completed on member’s behalf by: _____________________________, per member’s  Verbal  Written request on: _________________. (date) (secretary/liaison’s name) 04/24/24 05/08/24 Planning Commission Mariluz Zepeda Krista Burroughs 4 4 Page 7 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda v . 0 0 1 P a g e | 1 June 26, 2024 ITEM TITLE Time extension to Tentative Map No. PCS18-0003, for a previously approved for-sale sixteen (16) unit multi-family residential development. Location: 354 Moss Street (APN: 619-010-140) Environmental Notice: The Project qualifies for a Class 32 Categorical Exemption pursuant to Section 15332 (In-fill Development Projects) of the California Environmental Quality Act (“CEQA”) State Guidelines as previously approved and adopted in Planning Commission Resolution No. PCS18-0003 dated April 28, 2021. Recommended Action Adopt a Resolution approving the requested two-year time extension to Tentative Map PCS18-0003 from April 28, 2024, until April 28, 2026. SUMMARY Pursuant to Chula Vista Municipal Code (“CVMC”) Section 18.12.190 and the Subdivision Map Act [Government Code section 66452.6(e)], Uprise Engineering (“Applicant”), on behalf of Wellston Development LLC (“Owner”), is requesting a time extension of approved Tentative Subdivision Map PCS18- 0003 for an additional two years commencing from April 28, 2024 and expiring April 28, 2026 (“Project”). HOUSING IMPACT STATEMENT The action of extending the Tentative Map will not result in the construction of any housing units. However, 16 for-sale, multi-family residential units will be added to the City when the Final Map is recorded, and development occurs consistent with applicable general and specific plans as specified in Government Code Section 65451. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed Project for compliance with the CEQA and has determined that the Project was adequately covered and studied in a previously adopted and approved Categorical Exemption pursuant to Section 15332 (In-fill Development Projects) of the State CEQA Guidelines as recognized in Planning Commission Resolution No. PCS18-0003 dated April 28, 2021. Thus, no further environmental review is required. Page 8 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda P a g e | 2 DISCUSSION On April 28, 2021, the Planning Commission approved the construction of sixteen (16) for-sale, multi-family residential units on an approximately 0.60-acre site located at 354 Moss Street. As part of that action, the Planning Commission approved Design Review permit (DR18-0016) and a Tentative Map (PCS18-0003; Resolution No. PCS18-0003). The entitlements and the Tentative Map were originally due to expire on April 28, 2024. Since receiving Planning Commission approval in 2021, the Owner has worked diligently and has expended money and time processing the various grading and improvement plans for the Project. However, additional time is needed to complete the Tentative Map conditions of approval due to delays in obtaining needed project funding, the death of the project architect, and Covid-related delays relating to workforce and materials issues. Granting a two-year extension would assist the Owner and support the construction of additional housing units within the City. Before April 28, 2024, the Owner submitted an extension request under the Subdivision Map Act (Government Code section 66452.6(e)) and pursuant to CVMC Sections 18.12.190 and 19.14.600, to extend the expiration of the entitlements and the Tentative Map for an additional two years commencing from April 28, 2024, to April 28, 2026. Pursuant to CVMC 19.14.600(E), the Director of Development Services, as Zoning Administrator, has found the request to extend the Design Review permit (DR18-0016) to be in substantial conformance with the approved permit, to be appropriate because there has been no material change of circumstances regarding the permit and Project since the granting of the permit, and thus has extended the expiration date of the Design Review permit to April 28, 2026. However, CVMC 18.12.190 requires action from the Planning Commission to extend a Tentative Map, with the procedure found in the Subdivision Map Act, specifically, in Government Code section 66452.6. Government Code section 66452.6(e) provides that upon submittal of an application for an extension of a tentative map before expiration of that approved tentative map, “the map shall automatically be extended for 60 days, or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first.” Accordingly, the Tentative Map has been automatically extended under the Subdivision Map Act until up to June 27, 2024, to allow for consideration and action on the extension request by the Planning Commission. The failure to present to the Planning Commission the Owner’s request for the extension of the Tentative Map at an earlier date, was because of cancellation of regular meetings of the Planning Commission on May 22, 2024, and June 12, 2024, and not due to actions or inactions of the Owner. Therefore, requiring the Owner to have presented the request for the Tentative Map extension at an earlier Planning Commission meeting date would be inequitable, unjust, and unreasonable, resulting in a significant hardship to the Owner. The Tentative Map remains consistent with the City’s General Plan, Zoning Ordinance, and all policies and standards that were in place at the time of the Tentative Map’s original approval. There have been no changes to the Tentative Map. Page 9 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda P a g e | 3 CONCLUSION Staff recommends that the Planning Commission approve the requested extension to Tentative Map No. PCS18-0003. DECISION-MAKER CONFLICT 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 18702.2(a)(7) or (8), 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. FISCAL IMPACT There are no current year or ongoing fiscal impacts to the General Fund or Development Services Fund as a result of this action. All costs incurred by processing this application are borne by the applicant. ATTACHMENTS 1. Location Map 2. Planning Commission Resolution 3. Tentative Map No. PCS18-0003 4. Resolution No. PCS18-0003 Staff Contact: Jaime Campos, Principal Civil Engineer, Development Services Department Laura C. Black, AICP, Development Services Director Page 10 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda Attachment 1 Page 11 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda Attachment 2 RESOLUTION NO. 2024- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA APPROVING A TIME EXTENSION OF TENTATIVE SUBDIVISION MAP PCS18-0003 FOR THE DEVELOPMENT OF SIXTEEN FOR-SALE, MULTI-FAMILY RESIDENTIAL UNITS LOCATED AT 354 MOSS STREET WHEREAS, Wellston Development LLC (the “Owner”), developer of a residential development located at 354 Moss Street within the City of Chula Vista, received approval from the City of Chula Vista Planning Commission for Tentative Map No. PCS18-0003 (“Tentative Map”), on April 28, 2021; and WHEREAS, the approved Tentative Map was originally due to expire on April 28, 2024; and WHEREAS, before April 28, 2024, the Owner submitted an extension request under the California Subdivision Map Act [Government Code section 66452.6 (e)] and pursuant to Chula Vista Municipal Code (“CVMC”) sections 18.12.190 and 19.14.600. That request stated that many delays in finalizing the Tentative Map and obtaining various permits for the development project have been incurred, including due to issues in obtaining needed project funding, the death of the project architect, and Covid-related impacts relating to project workforce and materials issues; and WHEREAS, pursuant to CVMC section 18.12.190, the Owner is requesting approval of a time extension of the approved Tentative Map for an additional two years commencing from April 28, 2024, and expiring April 28, 2026; and WHEREAS, the Tentative Map remains consistent with the City’s General Plan, Zoning Ordinance, and the policies, and standards that were in place at the time of the Tentative Map’s original approval, and there have been no changes to the Tentative Map; and WHEREAS, the Subdivision Map Act [Government Code section 66452.6(e)] provides that upon submittal of an application for an extension of a tentative map before expiration of that approved tentative map, “the map shall automatically be extended for 60 days, or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first.” Accordingly, the Tentative Map has been automatically extended under the Subdivision Map Act until up to June 27, 2024, to allow for consideration and action on the extension request by the Planning Commission; and WHEREAS, the failure to present to the Planning Commission the Owner’s request for the extension of the Tentative Map at an earlier date was as a result of cancellation of regular meetings of the Planning Commission on May 22, 2024 and June 12, 2024, and not due to actions or inactions of the Owner. Therefore, requiring the Owner to have presented the request for the Tentative Map extension at an earlier Planning Commission meeting date would be inequitable, unjust, and unreasonable, resulting in a significant hardship to the Owner; and Page 12 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda Resolution No. 2024- Page No. 2 WHEREAS, the Director of Development Services has determined under CVMC section 18.12.190 that a public hearing is not required on the requested extension to the Tentative Map because there have been no changes in conditions in the area or to the Tentative Map; and WHEREAS, the Director of Development Services has reviewed the proposed request to extend the Tentative Map for compliance with the California Environmental Quality Act (“CEQA”) and has determined that the request and its resulting potential environmental impacts were adequately covered and studied in a previously adopted and approved Categorical Exemption pursuant to Section 15332 (In-fill Development Projects) of the State CEQA Guidelines as recognized in Planning Commission Resolution No. PCS18-003 dated April 28, 2021. Thus, no further environmental review is required; and WHEREAS, City staff recommends approval and adoption of the time extension request for Tentative Map No. PCS18-0003; and WHEREAS, the Director of Development Services set the time and place for a meeting before the Planning Commission to consider the time extension request for Tentative Map PCS18- 0003, and notice of the meeting, together with its purpose, was properly given and provided as required by law; and WHEREAS, the Chula Vista Planning Commission has reviewed and considered all materials for the time extension request for Tentative Map No. PCS18-0003; and WHEREAS, the meeting was held at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, before the Planning Commission, and the matter was considered. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby (1) finds that the failure to present to the Planning Commission the Owner’s request for the extension of the Tentative Map at an earlier date than this meeting was as a result of cancellation of regular meetings of the City Planning Commission on May 22, 2024 and June 1 2, 2024, and not due to actions or inactions of the Owner, and (2) adopts this Resolution approving the Tentative Map time extension from April 28, 2024, until April 28, 2026, subject to the same Findings and Conditions of Approval for the Tentative Map contained in Planning Commission Resolution PCS18-003 dated April 28, 2021. [SIGNATURES ON THE FOLLOWING PAGE] Page 13 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda Resolution No. 2024- Page 3 Presented by Approved as to form by _________________________ _____________________ Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney Page 14 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda Page 15 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda Page 16 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda Page 17 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda Page 18 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda Page 19 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda Page 20 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda DocuSign Envelope ID:9FFAAC34-BCEB-41CA-A04E-275C3BC07FAB RESOLUTION NO. PCS18-0003 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING TENTATIVE SUBDIVISION MAP PCS18- 0003 TO SUBDIVIDE A 0.60-ACRE SITE INTO SIXTEEN (16) CONDOMINIUM UNITS LOCATED AT 354 MOSS STREET WHEREAS, on August 14, 2018, a duly verified application for a Tentative Subdivision Map (PCS 18-0003) was filed with the City of Chula Vista Development Services Department by Abdel Alomar(the "Applicant"); and WHEREAS, the application requests approval to subdivide a 0.60-acre site into sixteen 16) condominium units for individual ownership and associated site improvements at 354 Moss Street(the"Project"); and WHEREAS, the area of land that is the subject of this Resolution is an existing 0.60-acre parcel located at 354 Moss Street(the"Project Site"); 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 Categorical Exemption pursuant to Section 15332 (In-fill Development Projects)of the State CEQA Guidelines. Thus, no further environmental review is required; and WHEREAS, the Director of Development Services set a hearing before the Planning Commission for the consideration of and recommendation on Tentative Subdivision Map PCS 18- 003.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 teleconference. In accordance with the orders, the public was able to view and participate in 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 that it hereby makes the following findings: 1. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the Planning Commission finds that the Tentative Subdivision Map, as conditioned herein, is in conformance with the elements of the City's General Plan, based on the following: Attachment 5 Page 21 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda DocuSign Envelope ID:9FFAAC34-6CEB-41CA-AO4E-275C3BC07FAB Planning Commission Resolution No. PCS 18-0003 Page 2 1. Land Use The General Plan land use designation is Residential High (18-27 dwelling units per gross acre). The implementing zone is R-3 Multi-Family Residential which allows up to 32 dwelling units per net acre. The proposed 16-condominium subdivision will be developed at a density of 28 dwelling units per gross acre,which is within the allowable density and permitted number of dwelling units. 2. Circulation All off-site public streets required to serve the subdivision already exist or will be constructed or paid for by the Applicant in accordance with the Conditions of Approval. The on-site private street is designed in accordance with the City design standards and/or requirements and provides for vehicular and pedestrian connections. 3. Public Facilities The Project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. There are no public service, facility, or phasing needs created by the Project that warrants the preparation of a Public Facilities Financing Plan, therefore this requirement is waived. 4. Housing The Project is consistent with the density prescribed within the Residential High General Plan designation and provides additional opportunities for multi-family residential home ownership in the southwestern portion of the City. 5. Growth Management The surrounding street segments and intersections including Moss Street and Third Avenue and Moss Street and Fourth Avenue will continue to operate at the same Level of Service in compliance with the City's traffic threshold standard with the proposed project traffic. No adverse impact to the City's traffic threshold standards would occur as a result of the proposed project. The Project site is located in the attendance area of Rice Elementary School,within the boundaries of the Chula Vista Elementary School District. The Project is also within the attendance area of Del Rey High School,Chula Vista High School, and Chula Vista Adult School, within the Sweetwater Union High School District. The Applicant will be required to pay applicable developer fees based upon assessable area. The proposed drainage improvements for each building will drain storm water runoff from the roof into a ribbon gutter to convey the surface runoff on the driveway into a 4' by 4' catch basin. Drainage is then carried from the catch basin to a 90" CMP storage tank which provides flow control for the site(hydromodification).The rear portion of the site drains through 5 area drains directly to the 90" CMP Storage tank. The storage Page 22 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda DocuSign Envelope ID:9FFAAC34-6CEB-4ICA-A04E-275C3BC07FAB Planning Commission Resolution No. PCS 18-0003 Page 3 portion of the tank outlets through a flow control orifice by gravity into a pump chamber. The Runoff is then pumped to the Modular Wetland for final water quality treatment control. The modular Wetland outlets to the modified A-4 cleanout. An emergency overflow has been designed to carry the un-detained site runoff and connects the top of the pump chamber to the modified A-4 cleanout.The modification for the A-4 cleanout is a dissipator wall to assure that if there is a system failure there will not be an increase in outlet velocity. The Project Site is within the boundaries of the City of Chula Vista wastewater services area. The existing area sewer facility system has sewer lines along Moss Street including an existing off-site 8"sewer main, along the frontage of the proposed project site. The Applicant will be required to submit a final sewer study prior to connecting to the City's sewer system. 6. Open Space and Conservation The Project proposes multi-family homes that meet the minimum open space requirement per the Chula Vista Municipal Code. The Project is required to pay in-lieu park fees towards the acquisition and development of future parks. The development of the site is consistent with the goals and policies of the Conservation Element. 7. Parks and Recreation The proposed project would not induce significant population growth, as it is a small residential infill project and would not impact existing or proposed recreational facilities. The Project has been conditioned to pay Parkland Acquisition and Development (PAD) fees prior to final inspection. 8. Safety 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. 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 Building Permits. 10. Scenic Highway The Project Site is not located adjacent to or visible from a designated scenic highway. 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 Page 23 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda DocuSign Envelope ID:9FFAAC34-6CEB-41CA-A04E-275C3BC07FAB Planning Commission Resolution No. PCS 18-0003 Page 4 site will be subject to site plan and architectural review to ensure the maximum utilization of natural and passive heating and cooling opportunities. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Planning Commission certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. 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. E. 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. F. Pursuant to Government Code Section 66474 (a)-(g) of the Subdivision Map Act, the Planning Commission hereby finds that the proposed project: 1. Is consistent with the Chula Vista General Plan, as specified in Section 65451, and land use, transportation, economic development, housing, public facilities and services, environmental and growth management objectives and policies. 2. Design or improvement is consistent with applicable the General Plan. The General Plan establishes the vision for the western part of the City, and the Project defines the land use character and mix of uses, design criteria, circulation system, and public infrastructure requirements for the Project. The Tentative Map is consistent with the General Plan. 3. Site is suitable for the proposed density of development. The Project's zoning supports the design of a viable residential project that will create a strong sense of place for residents. The densities are in accordance with the General Plan for the area. 4. Site is physically suitable for the type of development. The Project is surrounded by other in-fill residential projects. The Project is designed to be compatible with the surrounding community. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The Project has been designed to provide a landscaped buffer for the surrounding in-fill residential projects and to comply with CEQA. 6. The design of the subdivision or type of improvements is not likely to cause serious public health problems because the Project has been designed to provide quality open space and amenities. Page 24 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda DocuSign Envelope ID:9FFAAC34-6CEB-4ICA-A04E-275C3BC07FAB Planning Commission Resolution No. PCS 18-0003 Page 5 7. Subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection,the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. II. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the Conditions of Approval and Code requirements set forth below shall be completed prior to recordation of the related Final Map as determined by the Director of Development Services and the City Engineer, or designees, unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the Applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. Should conflicting wording or standards occur between these Conditions of Approval, any conflict shall be resolved by the City Manager or designee. GENERAL/DEVELOPMENT SERVICES 1. Applicant shall develop and maintain the Project Site 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 DDA0276. Land Development Division/Landscape Architecture Division: 3. The Applicant 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. 4. The following fees will be required based on the Final Building Plans submitted. Please see reference to fee schedule at: http://www.chulavistaca.gov/home/showdocument?id=8129 Page 25 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda DocuSign Envelope ID:9FFAAC34-6CEB-41CA-A04E-275C3BC07FA13 Planning Commission Resolution No. PCS 18-0003 Page 6 a. Sewer Connection and Capacity Fees b. Traffic Signal Fees c. Public Facilities Development Impact Fees(PFDIF) d. Western Transportation Development Impact Fees (WTDIF) e. Other Engineering Fees as applicable per attached Master Fee Schedule. 5. Additional deposits or fees in accordance with the City Subdivision Manual, and Master Fee Schedule will be required for the submittal of the following items: a. Grading Plans b. Construction Permit c. Final Map 6. Payment of the Parkland Acquisition and Development (PAD) fee per dwelling unit is required prior to final inspection with CVMC 17.10.100, as amended by Ordinances 2010- 3163 and 2014-3324. 7. 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. 8. Any private facilities within Public right-of-way or City easement will require an Encroachment Agreement approval prior to Grading plan or Building Permit approval/issuance. 9. Proposed Fire Access Road shall meet H-20 Loading requirements or shall be designed for a Traffic Index (T.I.) of 5. 10. Street or driveway within the complex shall be designated as private. 11. Sewer lateral and storm drain connections to existing public utilities. The Public Works Operations Section will need to inspect any existing sewer laterals and connections that are to be used by the new development. Laterals and connections may need replacement as a result of this inspection. 12. Developer 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's Development Storm Water Manual and the City of Chula Vista Best Management Practices (BMP) Design Manual. 13. Prior to approval of a Grading, Building or Construction Permit, Project shall comply with all requirements of the MS4 Permit and City of Chula Vista BMP Design Manual, December 2015 and as amended (BMP Design Manual) for both construction and post-construction phases of the project. Prior to any Permit issuance, documentation shall be provided,to the satisfaction of the City Engineer, Page 26 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda DocuSign Envelope ID:9FFAAC34-6CEB-41CA-A04E-275C3BC07FAB Planning Commission Resolution No. PCS 18-0003 Page 7 to demonstrate such compliance. A copy of the BMP Design Manual is available on the city of Chula Vista website at: http://www.chLilavistaca.gov/departments/public-works/services/storm-water-12ollution- prevention/documents-and-reports. 14. The Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement to perpetually maintain private biofiltration basins, and all BMP's facilities located within the Project prior to the issuance of any Grading or Building Pen-nits, whichever occurs first. 15. All construction sites are required to implement Construction BMPs in accordance with the performance standards outlined in Appendix K of the BMP Design Manual. In general: a. For projects disturbing less than one (1) acre, a Construction Storm Water Pollution Control Plan (CSWPCP) is required that identifies the pollution prevention measures that will be taken to comply with City standards. 16. Developer 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 prior to obtaining any Building Permit for the Project: a. Removal and replacement of any broken or damaged curb, gutter, and sidewalk per SDRSD G-02,and G-07 along the project's frontage to the satisfaction of the City Engineer. Sidewalk shall be designed and constructed with proper transitions to existing conditions. b. Removal and replacement of existing driveway(s) meeting design standards as shown in Chula Vista Construction Standard GSI-01. Current Driveway(s)shall be replaced, if it does not meet the City of Chula Vista Design Standards/ADA Standards, or if existing driveway is cracked or broken. Dedication of R/W as needed in order for driveway to comply with (American Disability Act) ADA requirements. c. Additional asphalt paving for the replacement of the existing curb, gutter and sidewalk. d. Utilities Trenching and Restoration per GSI-03. 17. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required, as necessary. 18. The construction and completion of all improvements and release requirements shall be secured in accordance with Section 18.16.180 of the Municipal Code. 19. 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. Page 27 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda DocuSign Envelope ID:9FFAAC34-6CEB-4ICA-A04E-275C3BC07FAB Planning Commission Resolution No. PCS 18-0003 Page 8 20. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be designed to meet the City of Chula Vista Design Standards, American's with Disabilities Act(ADA) Standards, and Title 24 standards, as applicable. 21. The Project will require the filing of a Condominium Final Map in accordance with Sections 66426 and 66427 of the Subdivision Map Act. The Applicant shall enter into an agreement prior to approval of the Final Map to secure all Public Improvements required for the development of the Project. 22. Prior to approval of any Final Map, the Applicnt 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. 23. For all mapping purposes, use benchmarks within the City of Chula Vista Benchmark network. 24. Prior to Final Map or Grading,the Applicant shall upload copies of the Street Improvement Plan, Grading Plan, Final Map and Site Improvement Plan in digital format such as AutoCAD DWG or DXF (AutoCAD version 2000 or above), ESRI GIS shapefile, file, or personal geodatabase (ArcGIS version 9.0 or above). The files should be transmitted directly to the GIS section using the city's digital submittal file upload website @ http://www.chulavistaca.gov/goto/GIS. The data upload site only accepts zip formatted files. 25. The Applicant shall submit Covenant's, Conditions and Restrictions (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&R's shall include the following: a. Indemnification of City for private sewer spillage. b. Indemnification of City—General. 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. f. Implement education and enforcement program to prevent the discharge of pollutants from all on-site sources to the storm water conveyance system. 26. Said CC&R's shall be consistent with Chapter 18.44 of the Subdivision Ordinance and shall be recorded concurrently with the Final Map. Page 28 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda DocuSign Envelope ID:9FFAAC34-6CEB-4ICA-A04E-275C3BC07FAB Planning Commission Resolution No. PCS 18-0003 Page 9 27. The Applicant 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. 28. All utilities serving the subject property and existing utilities located within or adjacent to the subject property shall be under grounded in accordance with the applicable Chula Vista Municipal Code Section. Further, all new utilities serving the subject property shall be under grounded prior to the issuance of Building Permits. 29. Prior to approval and issuance of the first Building Permit, to Applicant shall submit complete landscape construction documents for approval demonstrating that the installed landscape will comply with the City of Chula Vista Landscape Water Conservation Ordinance (LWCO), Chapter 20.12 of the Municipal Code. Fire Department: 30. The Applicant shall apply for required Building Permits. Permits shall comply with applicable codes and requirements, including but not limited to: the current California edition of Building Code(CBC),Fire Code(CFC),Mechanical Code,and Residential Code as adopted and amended by the State of California and the City of Chula Vista. 31. Prior to the issuance of Building Permits, the Applicant shall provide a water flow letter from the applicable water agency having jurisdiction indicating that the fire flow is available to serve this Project. 32. Where a portion of the building is more than 400 feet from a fire 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. At least one on-site private hydrant is required for this Project due to this dimension being exceeded. 33. Fire Hydrants shall be located and spaced in accordance with California Fire Code, Appendix C. 34. The design and permitting of private fire service underground piping shall be through a separate permit through the fire department. Any private fire service underground piping shown on improvement plans shall be for reference/conceptual only. 35. Fire apparatus access roads shall be provided for every facility or building and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building. 36. The Project is to be protected throughout by an approved automatic fire sprinkler system. Group R-3 occupancies required individual fire sprinkler systems installed in accordance Page 29 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda DocuSign Envelope ID:9FFAAC34-6CEB-41CA-A04E-275C3BC07FAB Planning Commission Resolution No. PCS 18-0003 Page 10 with NFPA 13D/CA Res Code served from the domestic meter. Group R-2 occupancies required individual fire sprinkler systems installed in accordance with NFPA 13R served from dedicated fire service laterals. 37. Group R-2 occupancies served by a NFPA 13R system are to be protected throughout by an approved fire sprinkler monitoring system. III. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 38. Approval of this request shall not waive compliance with any sections of the CVMC, nor any other applicable City Ordinances in effect at the time of Building Permit issuance. 39. 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 and issuance of this Tentative Subdivision Map and(b)City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the Tentative Subdivision Map contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Tentative Subdivision Map 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. 40.All of the terms,covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 41. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan;the City's Growth Management Ordinance; Chula Vista Landscape Manual, Chula Design Plan and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head,with the approval of the City Manager,however,any material modifications shall be subject to approval by the Planning Commission. 42. 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 Page 30 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda DocuSign Envelope ID:9FFAAC34-6CEB-41CA-A04E-275C3BC07FAB Planning Commission Resolution No. PCS 18-0003 Page 11 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. 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. E Va 0(6,%ar FF E7- 5/1/2021 E Signature of Property Owner Date Abdel Alomar Printed Name of Property Owner E1,4k &mar 5DE-6W"F'oA- BFo b` l E 7 51112021 Signature of Applicant Date Abdel Alomar Printed Name of Applicant Page 31 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda DocuSign Envelope ID:9FFAAC34-6CEB-4ICA-A04E-275C3BC07FAB Planning Commission Resolution No. PCS 18-0003 Page 12 VI. CONFORMANCE WITH CITY SUBDIVISION MANUAL The Planning Commission does hereby find that the Project is in conformance with the City of Chula Vista Subdivision Manual, Section 18.12 and the requirements of the Zoning Ordinance. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term,provision, and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. BE IT FURTHER RESOLVED that the Chula Vista Planning Commission does hereby approve Tentative Subdivision Map PCS 18-0003, subject to the conditions listed above for the subdivision of a 0.6 acres site into sixteen (16)condominium units for individual ownership at 354 Moss Street. Page 32 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda DocuSign Envelope ID:9FFAAC34-6CEB-41CA-A04E-275C3BC07FAB PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 28th day of April 2021, by the following vote, to-wit: AYES: Burroughs, De La Rosa, Gutierrez, Milburn, Nava, Torres, Zaker NOES:0 ABSENT: 0 ABSTAIN: 0 D E $, "'E Y.: 4 F4, Gabe Gutierrez, Chair ATTEST: Dacusgn4tl by: arPatriciaaivacion, Secretary Presented by: Approved as to form by y by:ET E,-_8-449F Tiffany Allen Glen R. Googins Director of Development Services City Attorney Page 33 of 33 City of Chula Vista Planning Commission June 26, 2024 Agenda