HomeMy WebLinkAboutReso 2005-0672006-0507398
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Recording requested
by:
City of Chula Vista
JUL 19, 2006 10'39 AM
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After recording
return to:
City Clerk's Office
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
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RESOLUTION NO. 2005-067
DOCllnunt Tltk
RESOLUTION NO. 2005-067
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ESTABLISHING
CONDITIONS OF A TENTATIVE MAP TO DIVIDE
INTEREST IN 12.46 ACRES AT 750 EAST NAPLES COURT
FOR A ONE-LOT CONDOMINIUM CONTAINING 202
RESIDENTIAL UNITS (SCHOEPFLIN INVESTMENT
COMPANY ISUNBOW CORPORATION)
1. RECITALS
A. Project; Application for Discretionary Approval
WHEREAS, a duly verified application for a tentative subdivision map was filed
on August 13, 2004, with the City of Chula Vista Planning and Building Department by
the Schoepflin Investment Co. ("Applicant") requesting approval of a tentative
subdivision map to convert 202 apartment units into individually owned condominiums
("Project"); and
B. Project Site
WHEREAS, the area of land which is the subject matter of this resolution is
diagranunatically 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. 05-03, tentative subdivision map, and for the purpose of general description
herein consists of 12.46 acres located at 750 East Naples Court ("Project Site"); and
C. Prior Discretionary Approval and Recommendations
WHEREAS, the development of the Project Site has received the following
discretionary approvals and recommendations: I) Planning Commission recommendation
of approval of PCS-05-03, tentative subdivision map for a 202-unit condominium
conversion on February 23, 2005; and
D. Planning Commission Record of Applications
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on February 23, 2005, and after hearing staff's presentation and public testimony
voted 5-0-0 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
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 750 East Naples Court, at least 10 days prior
to the hearing; and
Resolution 2005-067
Page 2
WHEREAS, the duly called and noticed public hearing on the Project was held before the
City Council of the City ofChula Vista on March 1,2005, in the Council Chambers, 276 Fourth
Avenue, at 4:00 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 February 23, 2005, and the minutes and resolution resulting
there from, 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 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 California
Environmental Quality (CEQA) Guidelines.
V. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the
City Council finds that the tentative subdivision map, as conditioned herein for 750 East
Naples Court, is in conformance with the elements of the City's General Plan, based on
the following:
1. Land Use
It is the City's goal to accommodate diversified housing types. The site is
designated Residential-Medium, and was previously developed at a density of
16.2 dulac, which is consistent with the General Plan. Thus, the Project, as
conditioned, is in substantial compliance with the adopted General Plan.
2. Circulation
All on-site and off-site public streets required to serve the subdivision
currently exist. No street improvements are required.
3. Housing
The Project is consistent with the density prescribed within the General
Plan and provides attached condominium units for individual ownership. The
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Resolution 2005-067
Page 3
conversion of 202 apartment units to 202 condominium units creates additional
opportunities for residential ownership.
4. Open Space
The Project includes adequate, existing on-site open space areas as well as
a swimming pool and tot lot for resident use.
5. Safety
The City Engineer, Fire and Police Departments have reviewed the
proposed subdivision for conformance with City safety policies and have
determined tha~ the proposal meets the City Standards for seismic safety and
emergency services.
B. The configuration, orientation and topography of the site allow 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 fmds that the project meets the following:
A. Fire Protection: The City Council concurs with the Fire Marshall determination
that the project as conditioned will be in substantial conformance with current fire
protection standards.
B. Uniform Building Code: City Council concurs with the Building Division of the
Planning and Building Department's determination that the "Property Condition
Assessment Report" dated October 7, 2004, prepared by JCEP/Huang Consulting
Engineers, Inc., adequately addresses compliance with the Building Code if applicable
permits are submitted and approved and the recommended improvements set forth in the
report are constructed or put in place.
C. Storage: Section 15.56.020 requires minimum storage area for each unit. The
complex contains units with one and two bedrooms, which require 150 and 200 cubic feet
of storage area, respectively. The Applicant proposes to provide less storage space than
required due to site and structural constraints.
The project is conditioned to install required storage in accordance with the revised
storage analysis dated February 2, 2005, prior to final inspection of the condominium units.
Resolution 2005-067
Page 4
The applicant will provide storage space in existing storage closets under stairwells and
in patios, by remodeling coat and patio storage closets, and will improve the storage space in all
the existing laundry closets by adding shelves and replacing the water heaters with tankless water
heaters. The revised storage analysis determined that the Plan A will contain 197 cubic feet (a 3
cubic foot shortage); the Plan B first floor units with outside storage locker will provide 148
cubic feet (a 2 cubic foot shortage), the Plan B first floor units without an outside storage locker
and second floor units will contain 160 cubic feet; and the Plan C will contain 203 cubic feet.
Section 15.56.070 allows for exceptions to the storage requirements based upon overall
project acceptability. In accordance with the recommendation of the Planning Commission, the
City Council hereby finds that the merits of the project warrant the granting of exception to the
project from the City's storage requirements based upon the City's desire to provide alternative
entry-level homeowner opportunities in the project location, the project's overall conformance
with the City's General Plan, ordinances, and policies, and its conformity with the average
storage space requirements for a majority of the 202 units. Strict compliance with Section
15.56.020 would require significant modifications to the units and would unduly raise the price
of this housing that is inconsistent with the City's desire to provide cost effective housing.
Council finds that an exception can be made because the Plan A units requiring an exception
provide 98.5% of the required storage, and the Plan B units requiring an exception provide
98.7% of the required storage.
D. Housing Code: The Project has completed its inspection corrected any violations,
and complies with housing code requirements.
E. Protective Lighting Standards: A lighting plan has been submitted and reviewed.
The project has been conditioned to maintain the protective lighting standards of the
Uniform Housing Code.
F. Off-street parking: Section 19.62.050(13) requires two parking spaces for each t
wo-bedroom unit and 1.5 spaces for each 1 bedroom unit, for a total parking requirement
of 370 spaces for this project. The Project provides 373 off-street parking spaces for resident
and guest use, including carports and open parking stalls.
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 intends to upgrade the building's external appearance, refresh
landscaping, re-paint certain exterior surfaces, and re-surfacing and re-striping the
parking lot. Accordingly, the Applicant shall apply for and obtain Design Review
approval pursuant to CVMC Sections 19.14.582 (Design Review Committee, Duties and
Responsibilities) and Section 19.14.420 (Site Plan and Architectural Approval- Purpose
- Prerequisite for Certain Uses).
H. Separate Service Meters: Each unit is individually metered for gas and electric
service. 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.
1. Housing Department Compliance Survey: The Project has completed a housing
inspection, and has performed all corrections listed in the Apartment Inspection Report.
1. CC&Rs: The Project is conditioned to provide evidence of declarations of
covenants, conditions and restrictions in conjunction with the Final Map.
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Resolution 2005-067
Page 5
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 80,400 square feet of open space. The existing open space includes a
swimming pool and tot lot, and approximately 265,979 square feet of total landscaped
open space 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 yentative Map, which includes a
60-day "Notice ofIntent to Convert", and a "Notice to Prospective Tenants ofIntent to Convert".
BE IT FURTHER RESOLVED that the City Council does hereby approve tentative
subdivision map, Chula Vista Tract No. 05-03 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 his/her successors in interest, shall improve the Project Site
with the Project as described in the tentative subdivision map, Chula Vista Tract No. 05-
03,750 East Naples Court.
B. Design Consistency
The Applicant shall develop the condominium units in accordance with all
applicable City of Chula Vista Design Guidelines and in accordance with DRC 05-04
pending approval by the Zoning Administrator.
IX. SPECIAL CONDITIONS OF APPROVAL
A. 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 and in Exhibit C shall be fully completed by the applicant
or successor-in-interest to the City's satisfaction prior to approval of the final map, unless
otherwise specified:
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 and his/her successors in interest shall, comply, remain in
compliance and implement, the terms, conditions and provisions, as are applicable
Resolution 2005-067
Page 6
to the property which is the subject matter of this tentative subdivision map and as
recommended for approval by the Planning Commission on February 23, 2005,
and DRC 05-04, pending approval by the Zoning Administrator. The Applicant
shall enter into an agreement (Subdivision Improvement Agreement and
Supplemental Subdivision Improvement 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 and his/her successors in interest will
continue to comply, remain in compliance, and implement such Plans.
3. Applicant shall schedule a meeting with the current tenants to present
alternative rental housing opportunities and assistance in relocation in conjunction
with the presentation of the schedule for the phasing of the conversion of the
apartments to condominiums prior to final map approval.
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, or a schedule detailing required future
notifications:
a. 10-day notice to all existing tenants of an application of a Public Report
- "Form COO (If submitted to State Dept. of Real Estate prior to final map
approval).
b. lO-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
oftenancy - "Form F".
e. 180-day notice to all existing tenants of intent to convert/termination of
tenancy - "Form G".
5. Prior to final inspection of any condominium unit in a detached structure
multiple condominium units, correct Ca. Health and Safety Code and Uniform
Housing Code violations specified in Exhibit C and any other violations identified
by the Housing Inspection, to the satisfaction of the Director of Planning and
Building.
6. Prior to final inspection of any condominium unit in a detached structure
containing multiple condominium units, provide in that structure type 2A-10BC
fire extinguishers every 75-feet of travel distance, and smoke detectors for each
unit, to the satisfaction of the Chula Vista Fire Department.
7. Submit plans and information regarding to the satisfaction of the Fire
Marshall that proposed condominium units meet current Ca. Fire Code, including
but not limited to fire access, water supply, sprinkler systems, and fire alarms.
Resolution 2005-067
Page 7
8. Obtain approval of a street name and street addresses to the satisfaction of
the Director of Planning and Building. Updated street names and addresses shall
be noted on the final map.
9. All existing 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. Furthermore,
all new utilities serving the subject property shall be placed underground prior to
the issuance of building permits.
10. Any and all agreements that the Applicant is required to enter into
hereunder shall be in a form approved by the City Attorney.
11. Submit and obtain approval of a revised floor plan showing remodel of the
condominium unit adjacent to the pool/sales office building.
12. Comply with requirements of the approved "Recycling and Solid Waste
Management Plan" to the satisfuction of the City's Conservation Coordinator.
The plan shall demonstrate those steps the applicant will take to comply wÜh
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. The plan shall incorporate any trash enclosure re-design required
for compliance with the City's National Pollutant Discharge Elimination System
(NPDES) permit.
13. Applicant shall enter into a recorded agreement with the City of Chula
Vista, wherein Applicant agrees to construct the storage areas described in the
Revised Storage Analysis dated February 2, 2005, and as required by this
tentative map.
DRAINAGEINPDES
14. All onsite drainage facilities shall be private.
15. Submit and obtain approval of a Water Quality Study and Technical
Report including NPDES Best Management Practices ("BMPs") to reduce the
amount of pollutants entering the City's storm water conveyance system, to the
satisfaction of the City Engineer.
16 Prior to approval of the final map fully implement NPDES Best
Management Practices ("BMPs") contained in the Water Quality Study and
Technical Report.
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:
a. The erection of signs near storm drain inlets and public access point
along channels and creeks; installation of efficient irrigation systems and
Resolution 2005-067
Page 8
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.
b. 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.
c. 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.
d. 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.
e. 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.
SEWER
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 East Naples Court.
STREETS
19. The street within the development shall be private.
CC&RS
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Page 9
20. Remove and replace the existing driveway 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.
21. Submit Codes, Covenants, and Restrictions ("CC&Rs") to the City
Engineer, Director of Planning and Building, Director of Public Works, 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 ("HOA"), 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, fire sprinklers and alarm systems, 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
Homeowners Association (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, including but not limited to
private sewer spillage.
d. The City's right but not the obligation 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)
combined single limit. The policy shall be acceptable to the City and
name the City as additional insured.
f. The City must approve any revisions to provisions of the CC&Rs that
may particularly affect the City. Furthermore, the HOA shall not seek
approval from the City of said revisions without the prior consent of one-
hundred percent (100%) of the holders of first mortgages and one-hundred
percent (100%) of the 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 one-hundred percent
(100%) of the holders of first mortgages and one-hundred percent (100%)
of the property owners - unless, the Director of Planning and Building
waives this requirement.
Resolution 2005-067
Page 10
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.
j. The CC&Rs shall include NPDES 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 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.
k. The HOA shall 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.
I. Trash and Recycling program requirements shall be incorporated into
the project CC&Rs to the satisfaction of the City's Conservation
Coordinator.
m. Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision
Ordinance, and shall be recorded concurrently with the final map.
n. Fire service lateral and water supply to buildings must be maintained
and operational at all times to the satisfaction ofthe Fire Marshall.
22. Submit Homeowners Association budget for review and approval by the
City Engineer for the maintenance of private streets, storm drains, sewage
systems, electrical system, plumbing and roof. More specifically, said budget
shall include the following provisions and 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.
d. The Homeowners Association shall be responsible for service utilities
including water and sewer, and the billing and payment of these utility
costs.
e. Storm Water quality facilities inspected prior to and after every rain
event and cleaned as necessary (twice a year minimum); media inserts
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Resolution 2005-067
Page 11
replaced as recommended by the manufacturer; with a contingency for
emergencies. The budget shall also include a monitoring program
including sampling and preparation of an annual report, when required by
the City.
f. Establishment of a capital fund that will adequately cover the expected
costs associated with repairing or replacing the Project/complex's
electrical system, plumbing system and roof.
EASEMENTS
23. 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
24. Payoff any unpaid balance for the Sunbow Villas Tentative Map Deposit
account # DQI095 and Project account CA299.
25. Prior to approval of the final map the Applicant shall enter into an
agreement wherein the Applicant agrees to:
a. 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 wit regard to
this subdivision pursuant to Section 66499.37 of the State Map Act
provided the City promptly notifies the subdivider of any claim, action or
proceeding and on the further condition that the City fully cooperates in
the defense.
b. Hold the City harmless from any liability for erosion, siltation or
increased flow of drainage resulting from this project and spillage of
sewage generated by the project onto adjacent public or private streets or
into offsite storm water conveyance systems.
c. Maintain storm water quality treatment measures in accordance with an
approved maintenance and inspection plan.
d. Implement and sustain in perpetuity, a source control storm water
quality management program as outlined in the Water Quality Technical
Report.
26. The Applicant shall and does agree to hold the City harmless from any
liability for erosion, siltation or increase flow of drainage resulting from this
project.
Resolution 2005-067
Page 12
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(~perty Owner
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Date
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Date
MISCELLANEOUS
27. The Applicant, and his/her successors in interest, 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 of the 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.
S. The following Conditions of Approval shall be satisfied prior to final inspection
unless otherwise noted:
1. Obtain approval of a building permit for the pool/sales office building,
showing remodel of the adjacent condominium unit.
2. Submit evidence satisfactory to the Director of Planning and Building that
the applicant has complied with the approved homebuyer/relocation assistance
program requirements dated February 2, 2005, for existing residents who choose
not to purchase their condominium units.
3. All lighting shall meet the protective current lighting standards of the
current Uniform Building Code.
4. Prior to final inspection of any condominium unit in a detached structure
containing multiple condominium units, the Project's exterior upgrades for that
Resolution 2005-067
Page 13
structure shall be constructed in accordance with the approved DRC-05-04 design
review permit.
5. Show that walls and ceilings meeting the current Uniform Building Code
standards regarding fire and sound attenuation have been installed between
airspaces of the condominium units, to the satisfaction of the City Building
Official and Director of Planning and Building. If said walls and ceiling do not
meet said standards, then the walls and ceiling shall be modified to conform to the
Uniform Building Code.
6. Applicant shall install additional storage in compliance with findings of
the Revised Storage Analysis dated February 2, 2005, to the satisfaction of the
Director of Planning and Building and Chula Vista Police Department as
described below. If required by the California Building Code, the applicant shall
obtain building permits if necessary for the installation of the required storage.
For work not requiring a building permit, submit evidence or obtain an inspection
to the satisfaction of the Director of Planning and Building that the required
storage has been installed, prior to the close of escrow of each unit.
Plan A -First and Second Floor:
Improve Patio Closet with shelving
Improve laundry closet with shelving above and beside the washer/dryer.
Replace the current hot water heater with a tankless water heater.
Incorporate the top portion of the coat closet with the patio closet (see floor
plans).
Total storage area: 197 cu. ft.
Plan B - First Floor with Outside Storage Locker:
Improve laundry closet with shelving above and beside the washer/dryer.
Replace the current hot water heater with a tankless water heater.
Incorporate the coat closet with the patio closet in units that do not have the
outside storage locker (see floor plans).
Total storage area: 148 cu. ft.
Plan B - First Floor without outside storage locker and Second Floor:
Improve laundry closet with shelving above and beside the washer/dryer.
Replace the current hot water heater with a tankless water heater.
Incorporate the coat closet with the patio closet.
Total storage area: 160 cu. ft.
Plan C -First and Second Floor:
Improve Patio Closet with shelving.
Improve laundry closet with shelving above and beside the washer/dryer.
Replace the current hot water heater with a Bosch Aquastar Tankless Water
Heater.
Incorporate the coat closet with the patio closet.
Total storage area: 203 cu. ft.
Resolution 2005-067
Page 14
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
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. Sandova
ing and Building Director
Ú-~
AIÌÍ1 Moore
City Attorney
- - -".-..------ -- -- ----------
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Resolution 2005-067
Page 15
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 1 st day of March, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, Davis, McCann, Rindone and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
ATTEST:
-~Lil6.1_~~
Susan Bigelow, MMC, City Cler
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. 2005-067 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 1st day of March, 2005.
Executed this 1 st day of March, 2005.
, . A ~ )
-:: ~ u. ÍL-<- ~ f~·
Susan Bigelow, MMC, City Cler
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I CHULA VISTA PLANNING AND BUILDING DEPARTMENT
... LOCATOR ~~ Sunbow Villas PROJECT DESCRIPTION:
C) SUBDIVISION
PROJECT 750 East Naples Court Request Proposal to convert 201 apartment units into condominiums.
ADDRESS:
SCALE: FlLENUMBER:
NORTH No Scale peS-OS-03 Related cases: DRC-05-04
J:\planning\carlos\locators\pcs0503.cdr 09.07.04
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Resolution No. 2005-067
Page 16
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Resolution No. 2005-067
Page 17
Exhibit C: Property Condition Assessment Report and Housing Inspection Requirements
Note that the following may require Design Review or building permit approval:
A. Property Condition Assessment Report - Repairs required prior to Final Map
Approval:
1. Repair automobile fire damaged carport in front of 720 Building.
2. Repair dry rot noted on the wood stringer of the stairs accessing Unit 273.
B.
Physical Elements Report - Repairs required prior to Final Inspection or
Occupancy of applicable Condominimum Units, whichever occurs first:
t'-
1. Repair/replace malfunctioning windows and doors.
2. Repair/replace any water damaged building elements and materials, including the
stairs, landings, and balconies.
3. Repair/replace the heating units.
4. Repair/replace the hot water heaters.
5. Repair isolated cracking and alligatoring were noted on the asphalt paved.
driveway and parking lots. Following repair, seal-coat and re-stripe the pavement.
6. Fill bare areas with materials that are comparable to the existing plants and adjust
the irrigation system accordingly. Reset the sprinkler heads for proper spraying
of irrigation water to avoid staining the exterior walls.
7. Re-plaster the surfaces of the swimming pool and spa
8. Up-grade the surrounding concrete decks around the swimming pool and spa
9. Paint exterior walls of the buildings, carports, property fences, and metal fence
around the swimming pool and spa.
10. Plant ground cover to stabilize the currently bare slope above the retaining wall
along the southern boundary of the site. Also provide timer irrigation system
accordingly.
C.
The Project's interior upgrades may include replacing kitchen and bathroom
hardware, flooring, counters, sinks, faucets, light fIxtures, refrigerators, shower
heads in accordance with the Property Condition Assessment Report.
~
EXHIBIT C