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HomeMy WebLinkAboutReso 2005-354 e e e Recording requested by: City of Chula Vista After recording return to: City Clerk's Office City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 DOC # 2006-0507416 I illllllllll illll 1111111111111111111111111111111111111111111111111 1111 JUL 19, 2006 10"41 AM nFFICIAL F:tCIJF:[r'::, '_,.,:;"t-j [IILLiII (,JUN ['I F;EIUF:[IEH":, 1-IFFii ~ C1Ht:L,IIR'I.1 -;MITH I dWH'1 REUIF:LllR FEE, 000 F',,:;,,GE.:o 19 I 111111 I1111 II!II 11111 11111 11111 11111 11111 11111 11111 11111 I 1111111111111I11111111 This space/or Recorder's use only :J ~qe Nf ItOf' RESOLUTION NO. 2005-354 Document TUle RESOLUTION NO. 2005-354 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO DIVIDE INTEREST IN 1.08 ACRES AT 916 FOURTH AVENUE FOR A ONE-LOT CONDOMINIUM CONTAINING 15 RESIDENTIAL UNITS - OAK FOURTH DEVELOPMENT, LLC I. RECITALS A. Project; Application for Discretionary Approval WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on September I, 2004, with the City of Chula Vista Planning and Building Department by the Oak Fourth Development, LLC (Applicant) requesting approval of a Tentative Subdivision Map to convert IS 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 diagrammatically represented in Exhibit "A", attached hereto and incorporated herein by reference. and commonly known as Chula Vista Tract No. 05-10, Tentative Subdivision Map. and for the purpose of general description herein consists of 1.08 acres located at 916 Fourth Avenue (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-05-10, Tentative Subdivision Map for a IS-unit condominium conversion on September 28,2005; 2) Design Review approval DRC OS-IS of a IS-unit condominium conversion, approved by the Zoning Administrator; and D. Planning Commission Record of Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on September 28, 2005. and after hearing staffs presentation and public testimony voted to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and Resolution No. 2005-354 Page 2 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 9 I 6 Fourth A venue, 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 October 25, 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 September 28, 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 1 (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 ofthe State 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 916 Fourth Avenue, is in conformance with the elements of the City's General Plan, based on the following: Resolution No. 2005-354 Page 3 1. Land Use It is the City's goal to accommodate diversified housing types. The site is designated Residential High, and was previously developed at a density of 13.8 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 off-site 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 conversion of 15 apartment units to 15 condominium units creates additional opportunities for residential ownership. 4. Open Space The Project includes adequate, existing on-site open space areas in the form of private open space for each unit as well as landscaped common open space areas with a tot lot for residents' use. 5. Safetv The City Engineer, Fire and Police Departments have reviewed the proposed subdivision of existing apartments to condominiums for conformance with City safety policies and have determined that 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 Govermnent 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. Resolution No. 2005-354 Page 4 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 MUNICIPAL 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 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 December 12,2004, prepared by National Assessment Corporation, 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. All units in the complex contain three bedrooms, which each require 250 cubic feet of storage area. The project provides 256 cubic feet of storage space for each unit, which is slightly more than the requirement. The project currently provides storage space for ground floor units in an existing storage closet adjacent to the patio in the private backyard of each unit, while each upstairs unit has a storage closet adjacent to its private balcony; no changes are proposed to this arrangement. D. Housing Code: The Project will be required to comply with housing inspection requirements. E. Protective Lighting Standards: Lighting for the facility shown on the site plan shall be in conformance with Section 17.28.030 and 17.28.040 of the Municipal Code. The Project is required to provide lighting information at the time of submittal of building permits. F. Off-street parking: Section 19.62.050(13) requires two parking spaces for each three-bedroom unit for a total parking requirement of 30 spaces for this project. The Project provides 36 off-street parking spaces for resident and guest use, including two handicapped parking stalls and 34 open parking stalls. -J Resolution No. 2005-354 Page 5 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, including new stucco color coat and paint on all exterior surfaces of the buildings, replacing the roof and mailbox, installing a tot yard and play structure, repairing and replacing all driveways and walkways where needed, and refreshing the landscaping where needed. 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 electric service. A Homeowners Association will be responsible for the water and gas utility meters. The Applicant shall provide written evidence how this will be satisfied. I. Housing Department Compliance Survey: The Project has completed a housing inspection, and will be required to perform all corrections listed in the Apartment Inspection Report prior to final inspection of a Condominium unit. 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 480 square feet of common usable open space per unit; therefore, the project must provide a minimum of 7,200 square feet of open space. The project provides a total of 16,576 SF of open space. VII. COMPLIANCE WITH GOVERNMENT CODE SECTIONS 66451.3 AND 66452.5 Noticing Documentation Govemment 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 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. 05-10 as represented in Exhibit "B", copies of which are on file in the Office of the City Clerk, 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. 05-10, 916 Fourth Avenue. Resolution No. 2005-354 Page 6 B. Design Consistency The Applicant shall develop the condominium units in accordance with all applicable City of Chula Vista Design Guidelines and complying with any conditions required by the Zoning Administrator associated with DRC 05-15. 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, attached hereto, shall be fully completed by the applicant or successor-in-interest to the City's satisfaction prior to approval of the Final Map: GENERAL / PLANNING AND BUILDING I. 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 to the property which is the subject matter of this Tentative Subdivision Map and as recommended for approval by the Planning Commission on September 28,2005, and DRC 05-15, 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 coordinate with the City of Chula Vista Planning and Community Development divisions to 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. 4. The Applicant shall comply with all applicable noticing requirements set forth in Government Code Section 66427.1. Applicant shall submit evidence to the Director of Planning and Building that the following City of Chula Vista noticing forms have been delivered to the existing and prospective tenants per Section 66427.1 of the Subdivision Act or a schedule detailing required future notifications: a. 10-day notice to all existing tenants of an application of a Public Report - "Form C" (If submitted to State Department of Real Estate prior to Final Map approval). Resolution No. 2005-354 Page 7 b. IO-day Notice to all existing tenants of Final Map approval - "Fonn D". c. Notice to all prospective tenants of option to purchase/tennination of tenancy - "Fonn E". d. 90-day Notice to all existing tenants of option to purchase/tennination of tenancy - '"Fonn F". e. 180-day notice to all existing tenants of intent to convertltennination of tenancy - "Fonn G". 5. Submit plans and infonnation to the satisfaction of the Fire Marshall that proposed condominium units meet current California Fire Code, including but not limited to fire access, water supply, sprinkler systems, and fire alarms. 6. 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 Section 15.32 of the Chula Vista Municipal Code. Furthennore, all new utilities serving the subj ect property shall be placed underground prior to the issuance of building pennits. 7. Any and all agreements that the Applicant is required to enter into hereunder shall be in a fonn approved by the City Attorney. 8. Applicant shall comply with the requirements of the City's approved "Recycling and Solid Waste Management Plan" to the satisfaction of the City's Conservation Coordinator. 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. The plan shall incorporate any trash enclosure re-design required for compliance with the City's NPDES pennit. 9. Prior to or at the time of submittal of building pennits, Applicant shall submit for review and approval of the City's Landscape Planner an exterior lighting plan that includes detailed infonnation on the proposed fixtures, which shall be commercial grade quality. The lighting plan shall include details showing that the proposed lighting shall be shielded to remove any glare to adjacent properties. 10. Prior to or at the time of submittal of building pennits, Applicant shall submit for review and approval of the City's Landscape Planner a detailed Planting and Irrigation Plan prepared per the requirements of City of Chula Vista's Landscape Manual. Said Plan shall also address the removal and replacement of trees along the west side of the site. The seating and play structure in the tot lot area shall be commercial grade quality. Resolution No. 2005-354 Page 8 II. Applicant shall obtain the services of a registered acoustical engineer to conduct sound transmission tests between adjacent units to ensure adequate noise buffering between shared walls, floors, and ceilings such that residents of the proposed units will not inadvertently violate Sections 17.24.040 and 17.24.050 of the Chula Vista Municipal Code. Testing results and any improvements needed for adequate noise buffering purposes shall be included on the plans submitted for building permits. DRAINAGEINPDES 12. All onsite drainage facilities shall be private. 13. Applicant shall submit and obtain approval of a Water Quality Study and Technical Report including NPDES best management practices (BMPs) to prevent discharge of pollutants from the project site entering the city's storm water conveyance system, to the satisfaction of the City Engineer. Any proposed changes that impact landscaped or open space areas must be reviewed and approved by the City's Landscape Planner. 14. Intercept runoff rrom the project site and pre-treat said runoff prior to discharge to the city's storm water conveyance system. Identify proposed best management practices (BMPs) to be used to treat storm water runoffrrom the site as part of the project's Water Quality Study and Technical Report. Said BMP facilities shall be inspected and approved by the City's Stormwater Inspector prior to final map approval. 15. Fully implement NPDES best management practices (BMPs) contained in the Water Quality Study and Technical Report. 16. 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 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. 11. 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: ~ Resolution No. 2005-354 Page 9 I. Employ rain shutoff devices to prevent irrigation after precipitation. 11. Adjust irrigation systems to each landscape area's specific water requirements. 111. Using flow reducers or shutoff valves triggered by a pressure drop to control water loss in the event of broken sprinkler heads or lines. 1V. 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 17. The onsite sewer system shall be private. All sewer laterals shall be privately maintained from each building and/or condominium unit to the City maintained public sewer main within Fourth Avenue. STREETS 18. The driveway within the development shall be private. 19. 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-IA for driveways. Driveway replacement shall be guaranteed prior to recordation of the final map. 20. Remove and replace existing driveway entrance that is damaged and remove and replace curb, gutter, and sidewalk damaged by tree roots. Private trees shall be root pruned. Resolution No. 2005-354 Page 10 CC&RS 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. 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, recreational amenities and structures, 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 III 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 ITom 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. h. Implement an education and enforcement program to prevent the discharge of pollutants ITom all on-site sources into the storm water conveyance system. 1. 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. Resolution No. 2005-354 Page II 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, which shall be subject to the approval of the City Engineer and the Director of Public Works. 1. 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 ofthe Subdivision Ordinance, and shall be recorded concurrently with the final map. n. Fire service lateral and water supply to buildings, including the on-site fire hydrant, must be maintained and operational at all times to the satisfaction of the Fire Marshall. 22. Submit a Homeowners Association budget for review and approval by the City Engineer for the maintenance of private streets and drives, 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, gas, 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 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. Resolution No. 2005-354 Page 12 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 916 Fourth Avenue Tentative Map Deposit account # DQII19 and Project account CA305. 25. 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 with 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 ITom 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 management program as outlined in the Water Quality Technical Report. ~ I / >V( / (4( Signature of Property Owner quality j'2-1-ch Date Signature of Representative Date ~ Resolution No. 2005-354 Page 13 MISCELLANEOUS 26. The Applicant, and his/her successors in interest, shall permit all rranchised 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 rrom time to time be issued by the City ofChula Vista. 27. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83). 28. 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. 29. Submit a conformed copy of a recorded tax certificate covering the property prior to approval of the Final Map. B. The following Conditions of Approval shall be satisfied prior to Final Inspection unless otherwise noted: 1. For any condominium unit in a structure containing multiple condominium units, correct California Health and Safety Code and Uniform Housing Code violations specified in Exhibit "C" attached hereto, and any other violations identified by the Housing Inspection, to the satisfaction of the Director of Planning and Building. 2. For any condominium unit in a structure containing multiple condominium units, install the interior upgrades and improvements specified in Exhibit "C" to the satisfaction of the Director of Planning and Building. 3. Prior to issuance of building permits, provide information on new hot water heating facilities to meet the approval of the City Building official with regard to capacity, size, and location. 4. For any condominium unit in a structure containing multiple condominium units, the Project's exterior upgrades for that structure shall be constructed in accordance with the approved DRC-05- I 5 design review permit. 5. For any condominium unit in a structure containing multiple condominium units, provide in that structure type 2A-IOBC fire extinguishers every 75 feet of travel distance, and smoke detectors for each unit, to the satisfaction of the Chula Vista Fire Department. Resolution No. 2005-354 Page 14 6. All lighting shall meet the protective current lighting standards of the current Uniform Building Code. 7. So as to ensure compliance with Section 1724-040 and 1724-050 of the Chula Vista Municipal Code, Applicant shall 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. 8. Submit evidence satisfactory to the Director of Planning and Building that the Applicant has complied with the approved homebuyer assistance program requirements for existing residents who choose to purchase their condominium units and for renters who choose to relocate. 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 doval ing & Building Director ~\-\n~- Ann Moore City Attorney Resolution No. 2005-354 Page 15 PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 25th day of October, 2005, by the following vote: AYES: Councilmembers: Castaneda, McCann, Rindone, and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: Davis xfI~ci2 ell c ~ Stephen C. Padilla, Mayor ATTEST: -~6. :r3.~<LJ ~ Susan Bigelow, MMC, City lerk 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. 2005-354 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 25th day of October 2005. Executed this 25th day of October 2005. ~~<1lj.L-~9~ Susan Bigelow, MMC, City erk Resolution No. 2005-354 Page 16 E'l'hibit-A LOCATOR MAP 916 Fourth Avenue Jtp~ --- C5 NORTH .. e e e e e e Resolution No. 2005-354 Page 17 Ex r-tr"B)T' "c 1\ . EXTERIOR AND INTERIOR IMPROVEMENT, REPAIRS, AND UPGRADES FOR CONDOMINIUM CONVERSION AT 916 FOURTH AVENUE PCS-05-10 AND DRC-05-15 The following requirements have been derived from the project's Physical Elements Report, the Housing Inspection. information provided by the Applicant, and Staff reviews of submittal materials. 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. Previously required repairs from the Housing Inspection have been complied with; no repairs required at this time. B. Physical Elements Report - Immediate Repair or Replacement items, which are improvements required prior to Final Inspection or Occupancy of applicable Condominium Units, whichever occurs first, unless stated otherwise: 1. Replace damaged wood fencing on site perimeter and in backyards. 2. Apply new stucco color coat and paint on all exterior surfaces. 3. Install new hot water heating facilities meeting the approval of the City Engineer with regard to capacity, size, and location. 4. Replace gates at the solid waste dumpster enclosure in conjunction with reconstruction of the existing trash enclosure as shown on the Landscape Concept Plan. 5. Repair trip hazards on all sidewalks within the project and on the public sidewalks along the project's frontage; install new wood borders or another suitable replacement 6. Replace all driveways/sidewalks as needed. 7. InspecVreplace:fire extinguishers. 8. Replace utility entry door. 9. Abatement of water stains and mildew on interior and exterior surfaces and restoration of finishes. 1 O. Insta1l gutters and downspouts on all buildings. 11. Replace the polybutelene piping in drinking water supply plumbing. C. Other exterior improvements to the project or interior upgrades to all units shall include the following: 1. Replace roof. 2. Replace mailbox. 3. Insta1llandscaping and construct trash enclosure per the Landscape Design Plan; Reset the sprinkler heads for proper spraying of irrigation water to avoid staining exterior walls, if needed. 4. Install new tot yard and play equipment. 5. Replace electric wall heaters in each unit 6. Install new flooring throughout the units, including ceramic tile in the kitchen and bathroom areas, and carpet in living areas. ft Resolution No. 2005-354 Page 18 .-. Exterior and Interior Improvements, Repairs, and Upgrades for Condominium Conversion at 916 Fourth Avenue PCS-05-10 AND DRC-05-15 Page 2 7. Replace kitchen and bathroom cabinets, countertops, sinks, faucets, showerheads, and light fixtures. 8. Replace tubs, showers, and toilets. 9. Apply new texture and re-paint all walls and ceilings. 10. Replace interior doors and molding as needed. 11. Replace all kitchen appliances (stove, refrigerator, garbage disposal.) 12. Replace common laundry room washers and dryers. -" .-.