HomeMy WebLinkAbout2007/01/23 Item 9
CITY COUNCIL
AGENDA STATEMENT
~~ (lIT OF
~~ (HULA VISTA
Item No.: q
Meeting Date: 1-23-07
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ESTABLISHING
CONDITIONS OF A TENTATIVE MAP TO DIVIDE
INTEREST IN .45 ACRES AT 582 ARIZONA STREET FOR A
ONE-LOT CONDOMINIUM CONTAINING 12 RESIDENTIAL
UNITS. +
DIRECTOR OF PLANN.! ING AND BUlLDIN,
/. .
CITY MANAGER' d { ,
SUBMITTED BY:
REVIEWED BY:
4/5THS VOTE: YES
NOX
BACKGROUND
The applicant, Floit Homes, is requesting approval of a Tentative Subdivision Map, PCS-06-l2,
that would convert an existing l2-unit apartment complex, constructed on .42 acres in 1989, into
12 condominium units for individual ownership at 582 Arizona Street. Pursuant to the Chula
Yista Municipal Code (CYMC), Section 15.6, and the City ofChula Yista Subdivision Manual, a
Tentative Subdivision Map is required for the proposed conversion in order to determine if the
Project complies with necessary regulations.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project qualifies
for a Class 1 (existing facilities) categorical exemption pursuant to Section 15301 of the State
CEQA Guidelines. Thus, no further environmental review is necessary.
RECOMMENDATION
Adopt the attached draft City Council Resolution approving the Tentative Subdivision Map for
PCS-06-l2, based on the findings and subject to the conditions contained therein.
9-1
Date, Item No.: q
Meeting Date: I - 23. o~
Page 2 of7
BOARDS/COMMISSION RECOMMENDATION
On November 29, 2006, the Planning Commission (Commissioner Tripp absent) considered the
proposed Proj ect and voted unanimously (6-0-1) to recommend that the City Council approve the
Tentative Subdivision Map application.
Before the existing 12-unit apartment complex was constructed, nearly twenty years ago, the
Design Review Committee approved the site plan and architecture for it (DRC-88-48) on
January 19, 1989.
As per Chula Vista's condominium conversion requirements, a Design Review application was
submitted along with the tentative subdivision map for the proposed condominium conversion.
On August 4, 2006, the City's Zoning Administrator approved DRC-06-55, which proposed no
significant exterior structural changes, but rather minor design upgrades.
DISCUSSION
Project Site Characteristics
The Project site is a 60.02' x 307.68' rectangular-shaped lot that is relatively flat, with a slight
downward slope in the middle of the property. It is located on a cul-de-sac in the southern
portion of Chula Vista, east of Broadway between L Street and Moss Street in the R-3 Zone, and
is accessed from Arizona Street (see Locator, Attachment 1). The driveway has sloped concrete
pavement toward the center swale and catch basin for proper drainage. There are two, 3-story
buildings on the site, each containing six units above six 2-stall garages. There is a small
recreation room in Building A and a smaller room in Building B. There are also two guest
parking spaces on the site. (See Attachment 5, Tentative Map and Building Elevations). The
Project site is surrounded by other apartment complexes in all directions, as indicated below.
Site:
North:
South:
East:
West:
General Plan
Residential High
Residential High
Residential High
Residential High
Residential High
Zoning
R-3
R-3
R-3
R-3
R-3
Current Land Use
Multi-Family Residential
Multi-Family Residential
Multi-Family Residential
Multi-Family Residential
Multi-Family Residential
Project Description
The complex consists of 12 three-bedroom units with attached two-stall garages. Improvements
will include repairing and repainting exterior surfaces, re-striping the parking area, enhancing the
landscaping and fencing, and providing a new barbeque area and trash enclosure. Regarding
interior improvements, each unit will be renovated with new carpeting, tile, doors, windows,
hardware, etc. In the attached garages, storage spaces will be added for each unit.
9-2
Date, Item No.: "1
Meeting Date: 1-1.;'-01
Page 3 of 7
Project Data
DEVELOPMENT REGULATIONS
RequiredIPermitted ProDosed/Existing
Building Setbacks: Building Setba~ks:
Front: 15 feet Front 15 feet.
Side: 5 feet & 5 feet Side: 9 feet & 24 feet
Exterior Side: N/A Exterior Side: N/A
Rear: 15 feet Rear: 15 feet
Building Height: 28 feet/45 feet Building Height: 31 feet
Parking: 24 n 2 parking stalls per unit Parking: 26 - One 2-stall garage per unit, plus
2 guest parking spaces
Open Space: 480 sq. ft. ner unit Open Space: Over 480 sq. ft. per unit
Storage: 250 cu. ft./ 3 bedroom unit Storage: 284 cu. ft./unit
This project is consistent with the City's Multi-Family Residential (R-3) Zone, General Plan
designation of Residential High, Design Manual, Landscape Manual, and all other applicable
codes and regulations of the CVMe.
Analysis
The proposed conversion from apartments to condominium units will not change the existing
residential use. What will change is that the units will be for individual ownership, and the property
will be significantly improved. The Applicant submitted a "Property Condition Assessment
Report" otherwise know as a "Physical Elements Report," which lists recommendations that will
upgrade the property and individual units. Staff has incorporated the recommendations as
conditions of approval in the draft City Council Resolution.
Noticing Documentation
Pursuant to Section 66452 of the Subdivision Map Act, condominium conversion projects must
satisfy certain noticing requirements for specified time periods. Table I, below identifies: I) The
noticing requirements; 2) When existing and prospective tenants should receive the notices; and 3)
When the requirement was met. As the table indicates, tenants were notified of the condominium
conversion proposal in December 2003. Tenants who have moved into the complex since then
were given a notice prior to signing their lease agreement. At the appropriate time, each tenant will
be given notice of having the first option to purchase a unit. Sample notices provided by the
Applicant are attached (see Attachment 3, Noticing Documentation).
TABLE I: Noticing Documentation
NOTICE REQUIREMENT HOW LONG & WHEN COMPLIANCE
60-day notice to all existing tenants 60 days prior to filing a Design 60-day notices were sent
of intent to convert - "Form A"* Review and Tentative Map certified mail to existing
aoolication with the City tenants on December 2003.
9-3
Date, Item No.: 11
Meeting Date: 1-1::'-01-
Page 4 of 7
Notice to all prospective tenants of Prior to acceptance of any rent Applicant has submitted a
intent to convert- "Form B"* or deposit from the prospective current tenant list with copies
tenant of signed forms for all new
tenants that moved in after
December 2003.
I O-day notice to all existing tenants 10 days before or after To be determined/ Typically
of an application of a Public Report- submittal of the Public Report following Final Map approval
"Form C" to the Department of Real
Estate
10-day Notice to all existing tenants Within 10 days of approval of To be determined/ Typically
of Final Map aooroval- "Form D" the Final Mao bv the City following Final Mao aooroval
Notice to all prospective tenants of Prior to acceptance of any rent To be determined prior to
option to purchase/termination of or deposit from the prospective approval of Final Map
tenancy - "F orm E" tenant
90-day Notice to all existing tenants For a period of 90 days after To be determined prior to
of option to purchase/termination of issuance of the Public Report approval of Final Map
tenancy - "F onn F" from the Department of Real
Estate
l80-day notice to all existing tenants 180 days prior to termination of l80-day notices were sent
of intent to convert/termination of tenancy certified mail to existing
tenancy - "F arm G" tenants in December 2003.
* Attachment G - Noticing Documentation
Prior to approval of the Final Map, the City Council needs to fmd that the Applicant has submitted
Forms "A" and "B". The remaining notices will be required after approval of the Final Map.
HomebuyerlRelocation Assistance
When the Applicant decides to convert the units to condos, a community meeting will be held,
inviting all tenants to come and learn how they can purchase the unit that they live in. If the
tenants decide to relocate, the applicant will refund each tenant one month's rent, plus their
entire security deposit.
Property Condition Assessment Report
In addition to painting the interiors of all units, the Applicant is proposing to repair or replace the
heating units; water-damaged building elements and materials; bathroom fixtures; kitchen
appliances; countertops; cabinets; sinks; flooring; and other suggested improvements per the
"Property Condition Assessment Report." The Project's CC&Rs will address site maintenance and
monthly payment of provided utilities. Table 2, below, lists the existing services/utilities within
the Proj ect.
TABLE 2: Existing Utilities
SERVICEIUTILITY STATUS
Air conditioning Not provided
Heating Individual electric wall heaters
9-4
Date, Item No.: Cj
Meeting Date: 1.1"?-t:}
Page 5 of7
Water heaters Individual gas-fired hot water heater III
utility closet
Gas Individual gas meters
Electric meter Individual electrical meters
Water HOA
Sewer HOA
Cable* Individual unit
Telephone' Individual unit
'Not covered by the HOA
Staff recommends that all of the following improvements be included in Applicant's building
permit scope of work:
. All items listed in Section 1.3, Recommended Immediate Repairs of the Property
Condition Assessment Report
. All items listed in Section 1.4, Recommended Short-Term and Intermediate-Term
Repairs of the Property Condition Assessment Report
. Section N, Other Comments of the Property Condition Assessment Report, pertaining to
the stair system and landscaping of the property
. New windows complying with 2005 California Energy requirements
Chula Vista Municipal Code Requirements
Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership, apartments
converted to condominiums for sale must conform to the following:
Uniform Housing Code - The project is required to conform to the Uniform Housing Code
requirements in existence at the time of the approval of the Subdivision Map. A housing
inspection has been completed for the project. A condition of approval requires any deficiencies
to be corrected prior to Final Map approval.
Protective Lighting Standards of the Uniform Housing Code - The Project went through Design
Review in 1988 as part of the original development application. All the original Design Review
conditions regarding lighting were fulfilled to the satisfaction of the City, including conformance
with Section 17.28.030 (residential districts) and 17.28.040 (lighting plans) of the Municipal
Code.
Storage Space - Section 15.56.020 requires adequate storage area for each unit. Three-bedroom
units are required to have 250 cu. ft. of storage. Existing and proposed storage space is provided
for the Project as follows: In each garage, the Applicant will provide two hanging storage
cabinets measuring 102 cubic feet each for a total of 204 cubic feet within each garage. An
additional 80 cubic feet of storage space is currently being provided on the second floor deck.
The combined total area of storage space is 284 cubic feet for each unit, which exceeds the
requirement.
9-5
Date, Item No.: q
Meeting Date: l-l"3-D:r
Page 6 of7
Off-street Parking - Off-street parking required in the R-3 Zone is a minimwn of two parking
spaces per three-bedroom unit. The Project provides 2-stall garages underneath and contiguous
to each unit. Guest parking spaces are not required; however, the Project provides two open
guest parking spaces on the site.
Chula Vista Design Manual- The Project is required to comply'with the City's Design Manual.
The Applicant submitted a Design Review application that was approved by the Zoning
Administrator on August 4, 2006. The Design Review permit proposed no significant exterior
structural changes, but rather minor design upgrades, including repairing and repainting exterior
surfaces, re-striping the parking area, enhancing the landscaping and fencing, and providing a
new barbeque area and trash enclosure. Regarding interior improvements, each unit will be
renovated with new carpeting, tile, doors, windows, hardware, etc.
Separate Water Heater and Separate Water, Gas and Electric Meters - Each unit has individual
gas and electric meters. A Homeowners Association will be responsible for the water and sewer
service utility meters, which will be addressed in the CC&Rs.
Compliance Survey - The Applicant has completed a Housing Code compliance survey and a
condition of approval is included requiring the Applicant to correct any violations prior to Final
Map approval.
Filing of Declarations of Covenants, Conditions and Restrictions (CC&Rs) - The Project is
conditioned to provide evidence that CC&Rs have been prepared, prior to approval of the Final
Map.
Requirements for Occupancy in accordance with the Uniform Building Code - The building was
constructed in 1989 under the then applicable Uniform Building Code. The Building Division
reviewed the "Property Condition Assessment Report" prepared by JCEPlHuang Consulting
Engineers, Inc, and found that the Project will satisfy the Building Code requirements, subject to
the conditions of approval specified in the attached draft City Council Resolution.
Fire Protection Standards - The locations of existing on-site fire hydrants have the approval of
the Fire Department and shall not be relocated. The Project is also conditioned to comply with
current fire protection requirements.
DECISION-MAKER CONFLICTS
No Property within 500 feet
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property, which is subject to this action.
FISCAL IMP ACT
There are no fiscal impacts from the preparation of this report and the processing of the Tentative
Subdivision Map. All costs are covered by the full cost recovery deposit accounts.
9-6
Date, Item No.: q
Meeting Date: 1-2'3-01-
Page 7 of7
ATTACHMENTS
1. Locator Map
2. Planning Commission Minutes, 11/29/06
3. Noticing Documentation
4. Disclosure Statement
5. Tentative Map and Building Elevations
Prepared by: Kimberly Vander Bie, Associate Planner, Planning & Building Department
9-7
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C HULA VISTA PLANNING AND BUILDING DE PARTM E NT
LOCATOR PROJECT Floil Homes PROJECT DESCRIPTION:
C) APPLICANT: SUBDIVISION
PROJECT 582 Arizona Sl Proposing: Condo Conversion of Twelve Three bedroom units.
ADDRESS:
SCALE: FILE NUMBER: A TT AO-fMENT 1 ....
NORTH No Scale PCS-06-12
L:gabe fi1es\locators\pcs0612a.cdr 01.17.07
REVISED
MINUTES OF THE
PLANNING COMMISSION
OF THE CITY OF CHULA VISTA
6:00 p.m.
Wednesday, November 29, 2006
Council Chambers
276 Fourth Avenue
Chula Vista, CA
6:06:58 PM CALL TO ORDER:
ROLL CALUMOTIONS TO EXCUSE:
Members Present:
Member(s) Absent:
Cmrs. Felber, Clayton, Vinson, Moctezuma, Bensoussan, Spethman
Cmr. Tripp
Staff Members Present:
Jim Hare, Assistant Planning Director
Rick Rosaler, Principal Planner
Harold Phelps, Associate Planner
Luis Hernandez, Development Planning Manager
ORAL COMMUNICATIONS: No public Input.
2. PUBLIC HEARING:
PCS 06-12; Gonsideration of a Tentative Subdivision Map to
convert an existing 12-unit apartment complex to 12
condominium units for individual ownership at 582 Arizona
Street Applicant: Floit Homes. (Quasi-Judicial)
Background: Luis Hernandez reported that on October 25, 2006 the Planning Commission
heard and subsequently continued this item so that the applicant could have additional time to
address the parking and open space issues raised at the hearing.
Staff reviewed the original site plan, which was approved with approximately 6,580 sf of open
space by the DRC in 1989. Minor modifications were approved during the building permit
review process resulting in a reduction of open space from 6,580 to approximately 5,910 sf
(projects requires 5,760 sf). Staff is of the opinion that the open space is in substantial
compliance with the applicable property development standards, therefore, the two existing
guest parking spaces may remain and no conversion to open space is required.
Staff Recommendation: That the Planning Commission adopt Resolution PCS 06-12
recommending that the City Council approve Tentative Map PCS 06-12 based on the findings
and subject to conditions listed in the draft City Council Resolution.
MSC (FelberNinson) (5-0-1-1) that the Planning Commission adopt Resolution PCS 06-
12 recommending that the City Council approve Tentative Map PCS 06-12 based on the
findings and subject to conditions listed in the draft City Council Resolution. Motion
carried with Cmr. Spethman abstaining.
9-9
A TT ACI-fMENT 2
60 Day Tenant Notification that the Owner Intends to File an
Application with the City of Chula Vistato Convert the Existing
Apartments to Condominiums
!
J Delores Najera
582 Arizona St., Suite 8
Chula Vista, California 90911
The Owner(s) of the buildings located at 582 Arizona St., Chula Vista, California
90911, intends to file an application with the City of Chula Vista to convert the
building to a condominium.
You shall be given notice of each public hearing for which notice is required
pursuant to sections 66451.3 and 66452.5 of the Government Code, and you
have the right to appear and the right to be heard at any such hearing.
Archstone Management Consultants, LLC
Authorized Agent for the Owners of the Property
12-03-03
Date
C@ffiJir?
Archstone Mani:tgement Consultants, LLC
710 Camino de La Reina, SUite 129 San Diego, California 92108
Phone 619-299-9194/5 Fax 619-299-9197 Email iscariatt1:U&.-.::sx.n8.t
9-10 A TT ACI-IMENT 3
- lt~,::.~;~...>tl{.1~~'ltS.>. {i~'-~li 6Di~29~'!P/~}i5f"
FLOIT-PROP
l"'AUL R.l.i..~l< ;..:U
!iiJ1)06
i&JU05
11/16/2Q04 11;26 ~~ 8192943465
FLOIT PROP
@002
CONDOMINIL'M CONVJrnSIONS- FORM B
NOTICE TO l"ROSl'ECTlVE TENANT
OF INTENT TO CONVERT
(p1t10R TO :s::a:CCJTION OF llENTAL A.61l8EMENI)
To tbe prospective Occupw:1t(s) of:
5f~ /frI2Qnc.... . ,SI-
(address)
(apartment if)
IV
The OWlI.eI(s) of !his b1rllding, at 5"4',;'{ 4/~ r f-' (llddresll)" bas filed or
plilllS to :file a Desigc. Review and T~arcel Map application with the City of Chu.3 Vtsta to
COllVer:! this building to a eottdomin~ project. No UIrlts may be sold :in this build!zJg unless the
ronvemon is approved by tho City or Chul.a VlSta :md J.>ntil after' "- pohlic rep<m iz i~51.!lld by the
Dep..rn:oent of Re3J. Estate. If you becom.e a tenant of the buil,dhlg. you shalt be given lJl)ti Cl: of ea.ob.
h<=a:rlng for which notice is required pnm:r:ant to Secticus 66451.3 and 66452..5 of the GOVOIllTJ.eht Code,
:m.d )'UU have the rlgb,t to appear and tlie right to be hea.....:! at any such hearing. The owner 01: (l'W 'lQ" a agent
shall provide a total Off,.ye (5) ditferem llntU= ~ the approval proce$S to each tl=Iw'1t prior to the
tenam vacal:ing 1he premises due to the convemion.. The City of Chula Vista wID notify eaclil NlMilt of all.
t!Jre. public. hearings (Design. &mew ('.(ITn...ittee, Pl".....;"e: ~ion, Itl:Id City Cootldl) for the
project lIpp!OvaL If yuu rrllwed in after the ~ bad began, the 0'\'l;In",- QJ; o~s ~:;n1.atiYe shall
infunn ytm of the 0'IJUlml. lltll.tus of the project and how man ~= you will be gi~ priqo~O va<:atiog
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f .~
e of owner or O\'llll""'s "tg.:nt)
2/8/0/.(
T (date)
:;).-. '3.0(p>
(date)
:J;ha~ r~ t:bis notice on
(Sec:tl.:o"~7.1(a) &664~2.8 of1fle GO__Code)
9-11
180 Day Notice To Tenants
Of Intention To
Convert the Apartments To Condominiums
And Termination Of Tenancy Government Code Section 66427.1
The following written 180 day Notice to Tenants of Intention to Convert to
Condominiums and Termination of Tenancy in accordance with Government
Code section 66427.1 is provided to each tenant as follows:
/ Delores Najera
.J 582 Arizona St., Suite 8
Chula Vista, California
90911
The Owner(s) of the following described real property in the City of Chula Vista,
State of California:
See Attached Exhibit '}I"
(commonly known as 582 Arizona St., Chula Vista, CA 90911)
Hereby provides 180 days written notice of intention to convert prior to
termination of tenancy due to the conversion or proposed conversion to
condominiums of the real property described herein.
12-03-03
Date
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Archstone Management Consultants, LLC
Authorized Agent for the Owners of the Property
Archstone Management Consultants, LLC
710 Camino de La Reina, Suite '129, San Diego, California 92108
Phone 619-299-9194/5, Fax 619-299-9197, Email iscarlatti1lOlcox.net
9-12
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item 4 if Restricted, Delivery is,desired~ .
. Print your name and'-address on tliereverse
so that we can return the_card to you.
,~{Attach thiscard.to the back of the maiJ'piece,
; ~fR:r an the front if space permits. '
. ~Artjcle Addressed to:
Delores Najera
ii 582 Arizona st. 8
:' Chula Vista CA 9~911
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.582 Arizona St. 9
!Chula Vista CA 9~911
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John & Kimberly Weaver
582 Arizona St. 10
Chula Vista CA 9~911
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2. Article Number
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Planning Division
Department
Development Processing
em OF
(HULA VISTA
APPLICATION APPENDIX 8
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure at certain ownership or financial
interests, payments, or campaign contributions for a City at Chula Vista election must be filed. The following intormation
must be disclosed:
1. List the names of all persons having a financiai interest in the property that is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
UJ>1J ~/:; r.... +- ~"'I /~ k,!l-I""~
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2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with
a $2000 investment in the business (corporation/partnership) entity.
1/4
3. It any person' identified pursuant to (1) above is a non-profit organization or trust, list the names ot any person
serving as director of the non~profit organization or as trustee or beneficiary or trustor of the trust.
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4. Piease identity every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you betore the City in this matter.
6:r-J<ETT d L~rrl1
5. Has any person' associated with this contract had any financial dealings with an official" of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes_ No-X-
If Yes, briefiy describe the nature at the tinancial interest the official" may have in this contract.
6. Have you made a contribution at more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No:X Yes _ If yes, which Council member?
A TT ACI-lMENT '-I-
276 Fourth Avenue
9-14
Chula Vista I Caljfornia
91910
(6191691-5101
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P I ann
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& Building
Planning Division
Department
Development Processing
ellY OF
CHUIA VISfA
APPLICATION APPENDIX B
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an officia'" of the City of Chula Vista in the
past twelve (12) months? (This includes being a source of income, money to retire a legai debt, gift, loan, etc.)
Yes _ No;L-
If Yes, which official** and what was the nature of item provided?
Date:
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type name of Contractor/Applicant
Print or
*
Person is defined as: any individual, fimn, co-partnership, joint venture, association, sociai club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
politicai subdivision, -or any other group or combination acting as a unit.
**
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commission, or committee of the City, employee, or staff members.
9-15
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RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ESTABLISHING
CONDITIONS OF A TENTATIVE MAP TO DIVIDE
INTEREST IN .45 ACRES AT 582 ARIZONA STREET FOR A
ONE-LOT CONDOMINIUM CONTAINING 12 RESIDENTIAL
UNITS. "
I. RECITALS
A. Project; Application for Discretionary Approval
WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on
February 24, 2006, with the City of Chula Vista Planning and Building Department by Floit
Homes ("Applicant") requesting approval of a Tentative Subdivision Map to convert 12
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, 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.
06-12, Tentative Subdivision Map, and for the purpose of general description herein consists
of .45 acres located at 582 Arizona Street ("Project Site"); and
C. Prior Discretionary Approval and Recommendations
WHEREAS, the development of the Project Site has received the following discretionary
approvals and recommendations: Zoning Administrative Design Review approval on August
4,2006, and Design Review approval on January 19, 1988.
D. Planning Commission Record of Applications
WHEREAS, the Planning Commission held an advertised public hearings on the Project on
October 25, 2006 and November 29, 2006, and after hearing staffs presentation and public
testimony voted 6-0-1 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 582 Arizona Street, at least 10 days prior to the hearing; and
9-19
Resolution No. 2007-
Page 2
WHEREAS, the duly called and noticed public hearing on the Project was held before the
City Council of the City of Chula Vista on January 23, 2007, 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
hearings on the Project held on October 25, 2006 and November 29, 2006, 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 project
qualifies for a Class I (existing facilities) categorical exemption pursuant to Section 15301 of
the State CEQA Guidelines. Thus, no further environmental review 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 1
(existing facilities) categorical exemption pursuant to Section 15301 of the 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 582 Arizona
Street, 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-High, and was previously developed with 12 units on the property, 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.
2
9-20
Resolution No. 2007-
Page 3
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 12 apartment
units to 12 condominium units creates additional opportunities for residential ownership.
4. Open Space
A. The Project includes two small recreation rooms, landscaped areas, and private patios
or balconies.
B. The site is physically suited for residential development and the proposal conforms to
all standards established by the City for such project.
C. 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 MUlCIPAL CODE
Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership, the
City Council finds that the project meets the following:
A. Uniform Building Code: The Building Department reviewed the "Property Condition
Assessment Report" prepared by JCEP/Huang Consulting Engineers, Inc, and found that
the Project, as conditioned, will satisfy the Building Code requirements, if the required
improvements are constructed or put in place. These requirements are generally described
in the Property Condition Assessment Report and incorporated herein as conditions of
approval.
B. Storage: Section 15.56.020 requires each three-bedroom unit to have 250 cubic feet of
storage. Two-stall garages underneath each unit will provide the majority of the required
storage when improvements are made by the applicant who will provide two hanging
storage cabinets measuring 102 cubic feet each for a total of 204 cubic feet within each
garage. These must be installed prior to final inspection or occupancy of the
condominiums. An additional 80 cubic feet of storage space currently provided on each
second floor balcony will remain. Thus, the combined total area of storage space is 284
cubic feet for each unit, which exceeds the minimum requirement.
C. Housing Code: The Project is required to conform to Uniform Housing Code
requirements in existence at the time of the approval of the Subdi vision Map. The Project
has completed a housing inspection and is required by condition of approval to correct
any deficiencies prior to Final Map approval.
D. Off-street Parking: In the R-3 Zone, a minimum of 2 open parking spaces is required for
each three-bedroom unit. The project provides one 2-stall garage per unit, plus a total of
two guest parking spacess.
3
9-21
Resolution No. 2007-
Page 4
E. Design Guidelines: The Applicant submitted a Design Review application that was
approved by the Zoning Administrator on August 4, 2006. The Design Review permit
proposed no significant exterior structural changes, but rather minor design upgrades,
including: repairing and repainting exterior surfaces; re-striping the parking area;
enhancing the landscaping and fencing; and providing a new barbeque area and trash
enclosure. Regarding interior improvements, each unit will be renovated with new
carpeting; tile; doors; windows; hardware; etc. In the attached garages, storage spaces
will be added for each unit. .
F. Separate Service Meters: Each unit has individual gas and electric meters. A
Homeowners Association will be responsible for the water and sewer service utility
meters. The Applicant shall provide CC&R's prior to final map approval showing how
this will be satisfied.
G. The Applicant submitted a "Property Condition Assessment Report" (see Attachment F)
for review by the City's Building Official. The report concludes that the existing
apartment complex is in overall good to fair condition, with a few defects. The
assessment identifies immediate repairs and short-term intermediate repairs. The
Applicant is required to complete the improvements listed in Section 1.3, lA, and N of
Attachment F and install new windows, prior to Building Permit approval.
H. CC&Rs: The Project is conditioned to provide evidence of declarations of covenants,
conditions and restrictions in conjunction with approval of the Final Map.
VII. COMPLIANCE WITH GOVERNMENT CODE SECTIONS 66451.3 AND 66452.5
Noticing Documentation
Government Code Sections 66451.3 and 66452.5 require 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 hearings for the Project, and the Applicant satisfied the noticing
requirements at the time of submittal of the Tentative Map, including a 60-day "Notice oflntent
to Convert" and "Notice to Prospective Tenants of Intent to Convert". Further notification will
be provided, as required by Section 1556.040 of the Chula Vista Municipal Code
BE IT FURTHER RESOLVED that the City Council does hereby approve Tentative
Subdivision Map, Chula Vista Tract No. 06-12, subject to the general and special conditions set
forth below.
VIII. Government Code Section 66020 NOTICE
Pursuant to Government Code Section 66020(d)(I), NOTICE IS HEREBY GIVEN that the 90-
day period to protest the imposition of any impact fee, dedication, reservation, or other exaction
described in this resolution begins on the effective date of this resolution and any such protest
must be in a manner that complies with Section 66020(a) and failure to follow timely this
procedure will bar any subsequent legal action to attack, set aside, void or annual imposition.
The right to protest the fees, dedications, reservations, or other exactions does not apply to
planning, zoning, grading, or other similar application processing fees or service fees in
connection with the project; and it does not apply to any fees, dedication, reservations, or other
9-22
4
Resolution No. 2007-
Page 5
exactions which have been given notice similar to this, nor does it revive challenges to any fees
for which the Statute of Limitations has previously expired.
IX. GENERAL CONDITIONS OF APPROY AL
A. Project Site is Improved with Project
The Applicant, or hislher successors in interest, shall improve the Project Site with the
Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 06-12, 582
Arizona S treel.
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 the DRC-06-55 approval
by the Zoning Administrator.
X. SPECIAL CONDITIONS OF APPROY AL
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 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 / 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 hislher 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 November 29, 2006, and DRC 06-55 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 to the Director of
Planning and Building that the following City of Chula Vista noticing forms have been
5
9-23
Resolution No. 2007-
Page 6
delivered to the eXlstmg and prospective tenants pursuant to Government Code Section
66427.1, 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 Dept. of Real Estate prior to Final Map approval).
b. 10-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".
5. Prior to recordation of the Final Map, the location of the proposed trash enclosure shall be
moved from the center of the parking lot to the rear of the parking lot, or to another location
approved by the Director of Planning and Building.
6. Any and all agreements that the Applicant is required to enter into hereunder shall be in a
form approved by the City Attorney.
DRAINAGE & NPDES
7. All onsite drainage facilities shall be private.
8. The Applicant is required to prepare and submit a Water Quality Technical Report describing
structural and non-structural Best Management Practices (BMPs) that will be implemented to
prevent discharge of pollutants from the project site to public storm drainage systems. BMPs
should intercept runofffrom the project site and pre-treat said runoff prior to discharge to the
public storm water conveyance system. Identify proposed BMP facilities to be used to treat
storm water runoff from the site as part of the project Water Quality Technical Report. Said
BMP facilities shall be inspected and approved by the City's Storm Water Inspector prior to
final map approval.
9. The Applicant shall enter into an agre"ment to 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. Installing and using efficient irrigation systems and landscape design; more specifically:
1. Employ rain shutoff devices to prevent irrigation after precipitation.
II. Adjust irrigation systems to each landscape area's specific water requirements
Ill. 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.
b. 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; and 3) distributing IPM educational
6
9-24
Resolution No. 2007-
Page 7
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.
SEWER
10. 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
Arizona Street.
II. The Developer/Owner shall establish a homeowners assocmtlOn 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 & Restrictions (CC&Rs). The City Engineer and Director of Public Works shall
approve the provisions of the CC&Rs regarding the on site private sewer system.
STREETS
12. Streets within the development shall be private.
13. Remove and replace driveway along Arizona Street 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-I for driveways.
CC&R'S
14. Submit Covenants, Conditions, and Restrictions ("CC&Rs") as approved by the City
Attorney to the City Engineer and Director of Planning and Building 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, lighting 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 in a healthy and
thriving condition at all times.
c. A listing of all maintained private facilities.
d. 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
HOA, including but not limited to private sewer spillage.
e. The City's right but not the obligation to enforce CC&Rs.
f. 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.
7
9-25
Resolution No. 2007-
Page 8
g. 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.
h. The BOA shall not seek to be released by the City of any maintenance obligations
without the prior written consent of the City and one .hundred percent (100%) of the
holders of first mortgages and one hundred percent of the property owners, unless the
Director of Planning and Building waives this requirement.
1. Implement an education and enforcement program to prevent the discharge of pollutants
from all on-site sources into the storm water conveyance system.
J. The BOA 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.
k. 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 the BMP implementation, inspections, and
maintenance activities.
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, including on-site fire hydrants, must be
maintained and operational at all times to the satisfaction of the Fire Marshall.
1 S.Submit homeowners association (HOA) budget for review and approval by the City Engineer
for the maintenance of private streets, storm drains and sewage systems. Said budget shall
include the following maintenance activities:
a. Streets must be sealed every 7 years and overlaid every 20 years.
b. Sewers must be cleaned once a year with a contingency for emergencies.
c. Red curbs / striping must be painted once every three years.
EASEMENTS
16. 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.
Developer 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
17. Applicant sh,,1I enter into an agreement wherein the Applicant agrees to the following;
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
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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.
e. Ensure that all franchised cable television companies ("Cable Companies") are permitted
equal opportunity to place conduit and provide cable television service to each
condominium unit 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 ofChula Vista.
MISCELLANEOUS
18. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83).
19. 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 infom1ation in
accordance with the City Guidelines for Digital Submittal in duplicate on 3 y, HD floppy
disk prior to the approval of the Final Map.
20. Submit a conformed copy of a recorded tax certificate covering the property prior to approval
of the Final Map.
21. Provide evidence to the satisfaction of the City Engineer of compliance with all tenant
noticing requirements per Section 66427.1 of the Subdivision Map Act prior to approval of
the Final Map.
22. Obtain approval of a building permit for the storage, trash enclosure, exterior and interior
remodel of each condominium unit, and items listed in the "Property Condition Assessment
Report" .
23. Complete all the following improvements:
a. All items listed in Section 1.3, Recommended Immediate Repairs of the Property
Condition Assessment t Report
b. All items listed in Section 1.4, Recommended Short-Tel]TI and Intermediate-Term
Repairs of the Property Condition Assessment Report
c. Section N, Other Comments of the Property Condition Assessment Report, pertaining to
the stair system and landscaping of the property
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Resolution No. 2007-
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d. New windows complying with the 2005 California Energy requirements
24. The Project's exterior and interior upgrades for the site shall be constructed in accordance
with the approved DRC-06-55 design review permit.
25. The building permit shall provide landscaping or cabinets to shield the view of the meters in
the front and side of the building from public view.
26. Provide specific detail of the design, shape, and color of the enhanced paving along the
driveway and BBQ area on the landscape plan.
27. Applicant shall install two hanging storage cabinets in the existing garages each containing
102 cu. ft. for a total 204 cu. ft. within the garage area to the satisfaction of the Director of
Planning and Building. An additional 80 cu. ft of storage space is currently being provided
on the second floor deck. The combined total area of storage space is 284 cu. ft. for each unit,
which exceeds the minimum requirement. The applicant shall obtain a building permit for the
installation of the required storage and shall be installed prior to final inspection or
occupancy of the condominiums.
28. Comply with requirements of the 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 permit.
29. 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.
30. Revise the landscape plan where quashed rock is proposed.
31. Repeat the walkthrough when the applicant is ready to convert.
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)
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Resolution No. 2007-
Page II
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 thi.s 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.
Presented by:
Approved as to form by:
'.--It!r~. /L/~~
Ann Moore
City Attorney
James D. Sandoval
Planning and Building Director
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