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HomeMy WebLinkAboutReso 2004-377 RESOLUTION NO. 2004-377 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO SUBDIVIDE 3.88 ACRES AT 321 RANCHO DRIVE INTO A ONE-LOT CONDOMINIUM TENTATIVE SUBDIVISION MAP CONTAINING 48 RESIDENTIAL UNITS I. RECITALS WHEREAS, a duly verified application for a tentative subdivision map was filed on September 9, 2004, with the City of Chula Vista Planning Department and Building Department by the Donia Family Limited Partnership ("Applicant") requesting approval of a tentative subdivision map to convert 48 apartment units into individually own condominiums ("Project"); and A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit "A", copies of which are on file in the Office of the City Clerk, incorporated herein by reference, and commonly known as Chula Vista Tract No. 05-11, Tentative Subdivision Map, 321 Rancho Drive and for the purpose of general description herein consists of 3.88 acres, located at 321 Rancho Drive ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on September 9, 2004, the Applicant filed a tentative subdivision map with the City of Chula Vista Planning and Building Department requesting approval of the tentative subdivision map to convert an existing 48-unit apartment complex to 48 condominium units for individual ownership; and C. Prior Discretionary Approval and Recommendations WHEREAS, the development of the project site has received the following discretionary approvals and recommendations: 1) Planning Commission recommendation of approval of PCS-OS-ll, tentative subdivision map for a 48-unit condominium conversion on November 10, 2004; and 2) Zoning Administrator approval ofDRC-04-62 on November 17, 2004; and D. Planning Commission Record of Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on November 10, 2004, and after hearing staff's presentation and public testimony voted 4-0 to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and E. Council Record of Applications Resolution 2004-377 Page 2 WHEREAS, the City Clerk set the time and place for the public hearing on the Project's tentative subdivision map application; and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the project and its mailing to the current tenants residing at 321 Rancho Drive, at least 10 days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on November 23, 2004, in the Council Chambers, 276 Fourth Avenue, at 6:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. NOW THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on November 10, 2004, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project qualifies for a Class I (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus no further environmental review or documentation is necessary. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised their independent review and judgment and concurs with the Environmental Review Coordinator's determination that the Project qualifies for a Class I (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. V. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Govemment Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the tentative subdivision map, as conditioned herein for 321 Rancho Drive, is in conformance with the elements of the City's General Plan, based on the following: a. Land Use It is the City's goal to accommodate diversified housing types. The site is designated medium-high density consistent with the General Plan. Thus, the Project, as conditioned, is in substantial compliance with the adopted General Plan. b. Circulation ------ ----...-_ ------r-··_______ I -. _____~-.J Resolution 2004-377 Page 3 All on-site and off-site public streets required to serve the subdivision currently exist. No street improvements are required. c. Housing The Project is consistent with the density prescribed within the General Plan and provides attached condominium units for individual ownership. The conversion of 48 apartment units to 48 condominium units creates additional opportunities for residential ownership. d. Open Space The Project includes adequate, existing on-site open space areas as well as a swimming pool for resident use. e. Safety The Fire Department and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets the City Threshold Standards for emergency services. B. The configuration, orientation and topography of the site allows for a feasible setting for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. C. The site is physically suited for residential development and the proposal conforms to all standards established by the City for such project. D. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extend to the impact created by the proposed development. VI. FINDINGS OF COMPLIANCE WITH CONDOMINUM CONVERSION REQUIREMENTS PURSUANT TO CHAPTER 15.56 AND APARTMENT RESIDENTIAL ZONE REQUIREMENTS PURSUANT TO CHAPTER 19.28 OF THE CHULA VISTA MUICIPAL CODE Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership, the City Council finds that the project meets the following: A. Fire Protection: The Fire Marshall has determined that the project is in substantial conformance with fire protection standards. The project is conditioned to comply with current fire protection requirements. B. Uniform Building Code: The Building Department reviewed the "Property Condition Assessment Report" prepared by JCEPlHuang Consulting Engineers, Inc., and found that the Project will satisfY the Building Code requirements if the recommended improvements set forth in the report are constructed or put in place. C. Storage: Section 15.56.020 requires storage area for each unit. Each unit contains two bedrooms, which requires 200 cubic-feet of storage area for each unit. The Resolution 2004-377 Page 4 Applicant proposes to provide approximately 200 cubic-feet of combined storage space in the existing one-car garages located along the north and east property lines, and immediately adjacent to the balconies of each unit. While the amount and location of the proposed storage does not meet the standards found in CVMC Section 15.56.020 (C), Section 15.56.070 allows a deviation from those requirements if good cause can be shown and the merits of the project, as a whole, make such an exception worthwhile. Staff believes that the project is meritorious because it is of good quality and will increase the supply of low and medium priced homes in the area. Furthermore, incorporating 200 cubic-feet of adjacent storage space into all 48 units would require extensive structural changes to the existing building and significantly reduce each unit's habitable space. D. Housing Code: The Project is required to pass a housing inspection prior to final map approval. E. Protective Lighting Standards: The Project will maintain the existing protective lighting standards. F. Off-street parking: Section 19.62.050(13) requires two parking spaces for each two-bedroom unit. Each of the 48 units contains two bedrooms. The Project provides 125 off-street parking spaces for resident use. G. Design Guidelines: Generally, the design of the building and its surrounding area are adequate. The Applicant does not propose significant exterior structural changes to the existing buildings, but shall be required to upgrade the building's appearance by repairing and re-painting exterior surfaces and replacing windows and window trimming, and add storage space adjacent to the balcony of each unit. H. Separate Service Meters: A Homeowners Association will be responsible for the water and sewer service utility meters. The Applicant shall provide written evidence how this will be satisfied. I. Housing Department Compliance Survey: The Project is required to pass a housing inspection prior to final map approval, and perform all corrections listed in the Apartment Inspection Report prior to occupancy. J. CC&Rs: The Project is conditioned to provide evidence of declarations of covenants, conditions and restrictions in conjunction with the final map. K. Open Space: Common Open Space: Section 19.28.090 requires 400 square-feet of common usable open space per unit; therefore, the project must provide a minimum of 19,200 square-feet of open space. The existing open space includes a swimming pool and approximate 80,780 square-feet oflandscaped area. VII. COMPLIANCE WITH GOVERNMENT CODE SECTIONS 66451.3 AND 66452.5 Noticing Documentation Government Code Sections 66451.3 and 66452.5 requires notification of a tenant's right to a public hearing. The City of Chula Vista provided notices to tenants and surrounding property owners of all required public hearing for the Project, and the Applicant has satisfied the following noticing requirements at the time of submittal of the tentative map, which includes a Resolution 2004-377 Page 5 60-day "Notice ofIntent to Convert", a "Notice to Prospective Tenants ofIntent to Convert", and a 180-day notice for "Notice to Tenants ofIntention to Convert and Termination of Tenancy". BE IT FURTHER RESOLVED that the City Council does hereby approve tentative subdivision map, Chula Vista Tract No. 05-11 as represented in Exhibit "B" subject to the general and special conditions set forth below. VIII. GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project The Applicant, or their successors in interest, shall improve the Project Site with the Project as described in the tentative subdivision map, Chula Vista Tract No. 05-11, 321 Rancho Drive. B. Design Consistency The Applicant shall develop the condominium units in accordance with the City of Chula Vista Design Guidelines and in accordance with DRC 04-62 approved by the Zoning Administrator on November 17,2004. IX. SPECIAL CONDITIONS OF APPROVAL The conditions herein imposed on the tentative map approval or other entitlement herein contained is approximately proportional both to nature and extent of impact created by the proposed development. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's satisfaction prior to approval of the final map. GENERAL I PLANNING AND BUILDING 1. 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. 2. Applicant shall, comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this tentative subdivision map and as recommended for approval by the Planning Commission on November 10,2004, and DRC 04-62 as approved by the Zoning Administrator on November 17, 2004. The Applicant shall enter into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require compliance with the above regulatory documents. Said agreement shall also ensure that, after approval of the final map, the Applicant will continue to comply, remain in compliance, and implement such plans. 3. Applicant shall coordinate with the City of Chula Vista Planning and Housing Division to schedule a meeting with the current and prospective tenants to present housing program opportunities and relocation assistance programs prior to final map approval. Resolution 2004-377 Page 6 4. Prior to recordation of the final map, the Applicant shall submit evidence that the following City of Chula Vista noticing forms have been delivered to the existing and prospective tenants: a. 10-day notice to all existing tenants of an application of a Public Report - "Form C". b. 1 O-day Notice to all existing tenants of final map approval- "Form D". c. Notice to all prospective tenants of option to purchase/termination of tenancy - "Form E". d. 90-day Notice to all existing tenants of option to purchase/termination of tenancy - "Form F". e. 180-day notice to all existing tenants of intent to convert/termination of tenancy - "Form G". S. Prior to final map approval, incorporate the recommended improvements specified in the "Property Condition Assessment Report" prepared by JCEPlHuang, which include the following: a. Replace all existing heating units with new energy-efficient heating units. b. Replace windows with e-glaze dual pane, energy efficient windows. c. Repair, seal-coat and re-stripe the asphalt paved driveway and parking lot within one year. d. Paint building exteris, including walls, stairs, railing, balcony enclosures, light posts, garages, etc. e. Re-roofthe buildings with a fire-rated roofing material. f. Replace wooden garage doors with aluminum roll-up doors and install electric or automatic openers. g. Replace water heaters more than 10 years old with new energy efficient water heater units. These units shall be properly secured with metal straps. 6. The following items shall be submitted for approval by the Director of Planning and Building and/or the City Landscape Planner: a. Provide a conceptual landscape and irrigation plan to refurbish the existing landscaped areas for review and approval by the Landscape Planner. Upon approval of the conceptual plan, submit detailed landscape planting and irrigation plans. b. Provide a tot-lot and picnic area that is easily accessible to project residents. c. A water management plan and a perimeter fencing plan in conjunction with the planting and irrigation plan. 7. The project shall meet current fire protection standards and shall maintain all existing fire protection facilities. 8. Walls, which meet the current Uniform Building Code standards, shall be installed between airspaces of the condominium units. In addition, Applicant shall install one-hour rated party walls on the upper unit ceilings. Resolution 2004-377 Page 7 9. Prior to final map approval, the Applicant shall add a trash enclosure in an acceptable location near the parking area near the south end of the site. All trash enclosures shall be constructed as a 20' x 10" enclosure to accommodate trash and mixed paper recycling bins. The enclosure shall allow access without the need to move other containers out of the way. Furthermore, all trash container areas shall be paved with an impervious surface, designed to not allow run-on from adjoining areas, screened or walled to prevent off-site transport of trash, and provide attached lids on all trash containers that exclude rain or provide a roof or awning to minimize direct precipitation. The Applicant shall develop and submit a "Recycling and Solid Waste Management Plan" to the Conservation Coordinator for review and approval as a part of the permit process. The plan shall demonstrate those steps the applicant will take to comply with Municipal Code, including but not limited to Sections 8.24 and 8.25, and meet the State mandate to reduce or divert at least 50 percent of the waste generated by all residential, commercial and industrial developments. The applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. 10. Applicant shall install a minimum of 200 cubic-feet of storage area for each unit. Storage space must be easily accessible and can be placed in the garages. A portion of the required storage space shall be located immediately adjacent to each unit. 11. All lighting shall meet the protective current lighting standards of the current Uniform Building Code. 12. The Project's exterior upgrades shall be in accordance with the approved DRC-04-62 design review permit including but not limited to, repairing and re-painting exterior surfaces, replacing existing windows with noise and energy efficient windows, add window trimming, add storage units adjacent to the balcony of each unit, etc. 13. The Homeowners Association shall be responsible for service utilities including water and sewer, and the billing and payment of these utility costs. 14. Prior to final map approval, the Applicant shall submit an application to the Housing and Building Department for a compliance survey. If the survey identifies any deficiencies, the Applicant shall correct them prior to issuance of the occupancy certificate. 15. All utilities serving the subject property and existing utilities located within or adjacent to and serving the subject property shall be placed underground in accordance with the Chula Vista Municipal Code. Further, all new utilities serving the subject property shall be placed underground prior to the issuance of building permits. 16. Any and all agreements that the Applicant is required to enter into hereunder shall be in a form approved by the City Attorney. DRAINAGEINPDES Resolution 2004-377 Page 8 17. Fully implement NPDES best management practices ("BMPs") to reduce the amount of pollutants entering the City's storm water conveyance system, including but not limited to: The erection of signs near storm drain inlets and public access point along channels and creeks; installation of efficient irrigation systems and landscape design; employment of integrated pest management principles; and the creation and implementation of inspection and maintenance programs for structural treatment control BMPs and private sewer lines. a. Providing storm drain system stenciling and signage; more specifically: i. Provide and maintain stenciling or labeling near all storm drain inlets and catch basins. ii. Post and maintain City-approved signs with language and/or graphical icons that prohibit illegal dumping at public access points along channels and creeks. b. Installing and using efficient irrigation systems and landscape design; more specifically: i. Employ rain shutoff devices to prevent irrigation after precipitation. ii. Adjust irrigation systems to each landscape area's specific water requirements. iii. Using flow reducers or shutoff valves triggered by a pressure drop to control water loss in the event of broken sprinkler heads or lines. iv. Employing other comparable, equally effective, methods to reduce irrigation water runoff. c. Employing integrated pest management principles. More specifically, eliminate and/or reduce the need for pesticide use by implementing Integrated Pest Management (IPM), including: (1) planting pest-resistant or well-adapted plant varieties such as native plants; (2) discouraging pests in the landscaping design; (3) distributing IPM educational materials to homeowners/residents. Minimally, educational materials must address the following topics: keeping pests out of buildings and landscaping using barriers, screens, and caulking; physical pest elimination techniques, such as, weeding, squashing, trapping, washing, or pruning out pests; relying on natural enemies to eat pests; and, proper use of pesticides as a last line of defense. d. Educate the Public. More specifically, the Homeowners Association, through Property Management, etc., shall inform residents about the City's non-storm water and pollutant discharge prohibitions. This goal can be achieved by distributing informative brochures (some available free from the City of Chula Vista) to new home buyers and dedicating sections of newsletters to storm water quality issues, as applicable. e. NPDES Codes, Covenants, and Restrictions provisions. The Codes, Covenants, and Restrictions ("CC&Rs") shall include provisions for the perpetual and routine maintenance of structural BMPs, private sewer and storm drain facilities for the purpose of preventing and in such a manner as to prevent the discharge of non-storm water pollutants to the public _ . ----.J SEWER STREETS CC&RS Resolution 2004-377 Page 9 storm water conveyance system. The CC&Rs shall include the requirement to maintain records for the past 10 years of BMP implementation, inspections, and maintenance activities. 18. The onsite sewer system shall be private. All sewer laterals shall be privately maintained from each building and/or condo unit to the City maintained public sewer main within Rancho Drive. 19. Establish a Homeowners Association to fund and oversee a contract for the maintenance of the onsite private sewer system. The frequency of maintenance of the sewer system shall be contained in the provisions of the Codes, Covenants and Restrictions. The City Engineer and Director of Public Works shall approve the provisions of the CC&Rs regarding the onsite private sewer system. 20. The street within the development shall be private. 21. Remove and replace both existing driveways along the project frontage for compliance with ADA pedestrian access route requirements. Said work shall be done under a Chula Vista construction permit using Chula Vista Construction Standard CVCS-l for driveways. Driveway replacement shall be guaranteed prior to recordation of the final map. 22. Submit CC&Rs to the City Engineer, Director of Planning and Building and City Attorney for approval prior to approval of the final map. Said CC&Rs shall include the following: a. The creation of a Homeowner's Association ("HON'), which shall, among other things, be responsible for maintaining all common facilities within the Project including, but not limited to: walls, fences, water fountains, lightning structures, paths, trails, access roads, drainage structures, water treatment facilities, landscaping, trees, streets, parking lots, driveways, and private sewage and storm drain systems. b. Language stating that the landscaping shall be maintained by the HOA in a healthy and thriving condition at all times. c. Language that indemnifies and holds harmless the City from any claims, demands, causes of action liability or loss, including claims arising from the maintenance activities of the HOA. d. The City's right to enforce CC&Rs. e. An insurance provision requiring the HOA to maintain a policy of comprehensive general liability insurance written on a per-occurrence basis in an amount not less than one million dollars ($1,000,000.00) Resolution 2004-377 Page 10 combined single limit. The policy shall be acceptable to the City and name the City as additional insured. f. Any revisions to provisions of the CC&Rs that may particularly affect the City must be approved by the City. Furthermore, the HOA shall not seek approval from the City of said revisions without the prior consent of 100 percent of the holders of first mortgages and property owners - unless, the Director of Planning and Building waives this requirement. g. The HOA shall not seek to be released by the City of any maintenance obligations without the prior consent of the City and 100 percent of the holders of first mortgages and property owners - unless, the Director of Planning and Building waives this requirement. h. Implement education and enforcement program to prevent the discharge of pollutants from all on-site sources into the storm water conveyance system. i. The HOA shall maintain, in perpetuity, membership in an advance notice service/system such as the USA Dig Alert Service and shall cause any private facilities of the property owners or HOA to be marked out whenever work is performed in the area. Said CC&Rs shall be consistent with Chapter 18.44 of the subdivision ordinance, and shall be recorded concurrently with the final map. 23. Submit a Homeowners Association 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. Streets must be sealed every 7 years and overlaid every 20 years b. Sewers must be cleaned once a year with the contingency for emergencies c. Red curbs/striping must be painted once every three years EASEMENTS 24. All existing easements and irrevocable offers of dedication shall be shown on the final map. A title report dated within 60 days of submittal of the final map shall be submitted together with backing documents for all existing public utility easements and offers of dedication. Applicant shall submit evidence of noticing to all existing public utility easement holders within the project boundaries as required by the Section 66436 of the Subdivision Map Act. AGREEMENTS 25. Applicant shall and does agree to defend, indemnify and hold harmless the City and its agents, officers, and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision provided the City promptly notifies the subdivider of any claim, ..-J Resolution 2004-377 Page 11 action or proceeding and on the further condition that the City fully cooperates in the defense. 26. The Applicant shall and does agree to hold the City harmless from any liability or erosion, siltation or increase flow of drainage resulting from this project. ~cW'~' Date ( ~1v,1r Signature of Representative (' __. 30.$ E.f1H ~uf,l!, L-I7 f If MISCELLANEOUS ~('\'^\ ~,'lOD" Date 27. The Applicant shall permit all franchised cable television companies ("Cable Company") equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. 28. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83). 29. Submit copies ofthe final map in a digital format such as (DXF) graphic file prior to approval of the final map. Provide Computer Aided Design (CAD) copy of the final map based on accurate coordinate geometry calculations and submit the information in accordance with the City guidelines for digital submittal in duplicate prior to the approval of the final map. 30. Submit a conformed copy of a recorded tax certificate covering the property prior to approval of the final map. X. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (10) days in advance Resolution 2004-377 Page 12 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 within a reasonable and diligent time frame. XI. 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 anyone or more terms, provision, or conditions are determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by s D. Sandoval ing and Building Director ~~%\\~,,~\)~, Ann Moore City Attorney ------ --------.- ~----- ---,-._----- - --._~...- ----- Resolution 2004-377 Page 13 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of November, 2004, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: McCann ATTEST: -~lí .~ ð .c.---" Susan Bigelow, MMC, Ci Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing Resolution No. 2004-377 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 23rd day of November, 2004. Executed this 23rd day of November, 2004. - ...---:=<J.u. &.-w--=3' ~ ¿ ~ Susan Bigelow, MMC, City lerk