Loading...
HomeMy WebLinkAboutReso 2007-023 RESOLUTION NO. 2007-023 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 1. 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 Resolution No. 2007-023 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 of the City of Chula Vista 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 EnviromnentaI Review Coordinator has reviewed the proposed project for compliance with the California EnviromnentaI 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 enviromnental review is necessary. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised their independent review and judgment and concurs with the Enviromnental Review Coordinator's determination that the Project qualifies for a Class I (existing facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. V. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Govemment Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein for 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. Resolution No. 2007-023 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 MUICIP AL 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 Subdivision 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 urrit. The project provides one 2-stall garage per unit, plus a total of two guest parking spacess. Resolution No. 2007-023 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, 1.4, 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 Govemment 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 of Intent to Convert" and "Notice to Prospective Tenants of Intent to Convert". Further notification will be provided, as required by Section 1556.040 ofthe 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 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. Resolution No. 2007-023 Page 5 IX. 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. 06-12, 582 Arizona Street. 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 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 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 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 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 delivered to the existing and prospective tenants pursuant to Government Code Section 66427. I, or a schedule detailing required future notifications: Resolution No. 2007-023 Page 6 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 purchaseltermination 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 runoff from 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 agreement 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. 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. 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: I) planting pest-resistant or well-adapted plant varieties such as native plants; 2) discouraging pests in the landscaping design; and 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. Resolution No. 2007-023 Page 7 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 aSSOClal1on 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 onsite 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 struclirres, 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. 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 HOA 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. Resolution No. 2007-023 Page 8 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 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. 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. \. 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 ] 8.44 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. ] 5.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 ]6. 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 shall 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 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 whh an approved maintenance and inspection plan. Resolution No. 2007-023 Page 9 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 information 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-Term 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 0 f the property 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. Resolution No. 2007-023 Page 10 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) 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. Resolution No. 2007-023 Page I I XLINV ALIDITY; 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. Presented by Approved as to form by s . S doval ning and Building Director ~c.~\'k~ Ann Moore - City Attorney c PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of January 2007 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None r/L L~ Cheryl Cox, ~yorf ATTEST: ~ <.11. ~ ~ :J ,mJ ~n Bigelow, MMC, Ci Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2007-023 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 23rd day of January 2007. Executed this 23rd day of January 2007. -~J J A <J I-:=;S~~ Susan Bigelow, MMC, City C k