HomeMy WebLinkAbout2007/07/10 Item 14
CITY COUNCIL
AGENDA STATEMENT
Item:~
Meeting Date:07/1 /07
SUBMITTED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ESTABLISHING
CONDITIONS OF A TENTATIVE MAP TO DIVIDE INTEREST
IN .26 ACRES AT 148 FOURTH AVE FOR A ONE-LOT
CONDOMINIUM CON. TAINING 7 RESIDENT~ITS.
DIRECTOR OF PL~~{N~ AN!, BUILDING tf""
CITY MANAGER l\.\l~
ACTING ASSIST~~ITY MANAGER '=;>--J""
ITEM TITLE:
REVIEWED BY:
4/5THS VOTE: YES
NO X
--
BACKGROUND
On April 20, 2007 the Zoning Administrator conditionally approved the Design Review
application associated with this condominium conversion Tentative Subdivision Map. The
applicant has completed the tenant noticing required by the State and by the Municipal Code up
to this point prior to Tentative Map consideration (see Attachment E, Noticing Documentation).
Once all necessary approvals are obtained the owners will notify the tenants with the remaining
notices required by the State and by the Municipal Code.
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
That the City Council adopt the attached Resolution, approvmg the proposed Tentative
Subdivision Map to subdivide .26 acres into seven (7) condominium units for individual
ownership at 148 Fourth Avenue, based on the findings and subject to the conditions contained
therein.
14-1
PCS-06-08
Page No.2
BOARDS/COMMISSION RECOMMENDATION
The Planning Commission considered this proposal on May 9,2007 and voted unanimously, (7-0-0)
to recommend that the City Council approve the proposed Tentative Subdivision to subdivide .26
acres into seven (7) condominium units for individual ownership at 148 Fourth Avenue.
DISCUSSION
Project Site Characteristics:
The 68' x 125' rectangular shaped property is located at the comer of Fourth Avenue and Flower
Street in the northern portion of Chula Vista (see Attachment A, Locator Map). The apartment
complex consists of seven, 2-bedroom units featuring I-car garages, open parking spaces, and
common landscaped areas. The property is surrounded by apartment units to the north and east,
and single-family homes to the south and west.
The parcel is relatively level with vehicular access from Flower Street. The apartment complex is
a two-story, rectangular-shaped wood structure housing seven one-car garages in the rear of the
building and the units above (see Attachment G, Project Plans).
Project Description:
The Design Review permit proposed no significant exterior structural changes. Instead minor
design upgrades proposed include repairing or replacing fencing, providing new landscaped area
and a new trash enclosure. The applicant has painted the exterior of the building recently. For
interior improvements, each unit would be renovated to provide new carpet, tile, doors, windows,
hardware and storage areas. The existing laundry room facilities would also be removed and
individual laundry facilities would be provided in each unit.
The project also includes property and individual unit upgrades such as: new fencing and gates,
gutters and downspouts, new water heaters, etc. A more complete list of proposed improvements
is included in Attachment F, Proposed Upgrades.
A Physical Elements report, commissioned by the applicant, also identifies recommended
improvements to bring the property and individual units to acceptable condominium ownership
standards (see Attachment D, Physical Elements Report- "Executive Sununary"). Staff has
incorporated the recommendations as conditions of approval.
14-2
PCS-06-08
Page No.3
Table 1 below lists the existing services utilities within the project.
a e Xlstmg tIes
Air conditioning Individual unit
Heating Individual electric wall heaters
Water heaters Individual gas-tired hot water heater ill
garage
Gas Individualllas meters
Electric meter Individual electrical meters
Water HOA
Sewer HOA
*Cable Individual unit
*Teleohone Individual unit
T bIlE .. Utili.
"Not covered in the ROA
The maintenance and monthly payment of the utilities would be addressed in the project's
CC&Rs. The units are already served by separate gas and electric meters, while water and sewer
will be the responsibility of the Homeowner's Association.
Compliance with Development Regulations:
Site:
North:
South:
East:
West:
General Plan
Residential Medium High
Residential Medium High
Residential Medium High
Residential Medium High
Residential Medium High
Zoning
R3
R3
R3
R3
R3
Current Land Use
Multi-Family Residential
Multi-Family Residential
Single-Family Residential
Multi-Family Residential
Single-Family Residential
Proj ect Data:
Re uired
Building Setbacks:
Front: 15'
Side: 5' & 5'
Ext. Side: N/A
Rear: IS'
Buildin Hei t: 28'/45'
Parking: 2 parking spaces per unit
1 open
14-3
PCS-06-08
Page No.4
Analysis:
A condominium conversion project must satisfy certain City Code requirements including the
Chula Vista Design Manual, Chapter 19.28 and Chapter 15.56 of the Chula Vista Municipal
Code (CYMC), the California Fire Code, and Uniform Building Code, and other regulatory
documents. The following paragraphs discuss some of the major requirements, such as: open
space, storage, off-street parking, tenant relocation, design guidelines, noticing documentation,
physical element report, housing inspection, separate service meters, CC&Rs, and fire protection
in more detaiL
Open Space:
CYMC Section 19.28.090 requires 400 square feet of common usable open space per unit;
therefore, the project must provide a minimum of 2,800 square feet of open space. The existing
open space includes a front yard landscaped area and small landscaped strips along the sides and
rear of the property. In addition, each unit has a 60 sq. ft private porch or balcony, except one
unit has a 129 sq. ft. porch on the first floor and a 129 sq. ft. balcony on the second floor.
However, the second floor balcony is not counted toward the open space requirement since it is
located off of two bedrooms and the City Design Guidelines require that open space areas be
accessed via common areas such as living and dining rooms (see Attachment G, Project Plans).
Storage:
Section 15.56.020 requires a minimum of200 cubic feet of storage for each two bedroom unit. The
applicant will provide a 66 cu. ft. hanging storage cabinet in each existing garage (see Attachment
G, Project Plans). The additional storage area is provided either underneath the stairs or in the attic,
as illustrated in Table 2 below. The combined total area of storage space for each unit varies, but
all units meet the minimum requirement. A minimum of 70% of the storage area is contiguous to
the unit. The storage facilities shall be installed prior to final inspection or occupancy of the
condominiums. No additional work is required to provide the storage below the stairway since it
currently exists. However, the applicant will be required to add flooring to the attic storage per the
Conditions of Approval.
Tab e 2: ooosed tora e
Unit Storage Storage in Storage below Storage in Total Provided
No. Reauired Garage stairs Attic
1 200 cu. ft. 66 cu. ft. 154 cu. ft. - 220 cu. ft.
2 200 cu. ft. 66 cu. ft. - 134 cu. ft. 200 cu. ft.
3 200 cu. ft. 66 cu. ft. 154 cu. ft. - 220 cu. ft.
4 200 cu. ft. 66 cu. ft. - 134 cu. ft. 200 cu. ft.
5 200 cu. ft. 66 cu. ft. - 134 cu. ft. 200 cu. ft.
6 200 cu. ft. 66 cu. ft. - 134 cu. ft. 200 cu. ft.
7 200 cu. ft. 66 cu. ft. - 134 cu. ft. 200 cu. ft.
I Pr S
14-4
PCS-06-08
Page No.5
Off-street parking:
In the R3 zone, a minimum of 2 standard size open. parking spaces are required for each two-
bedroom unit. The project provides seven standard size I-car garages and seven open parking
spaces. The 24-ft wide access driveway provides sufficient room for ingress and egress
maneuvers.
Tenant Relocation:
The applicant will assist, to the best of his ability, each of the current tenants with the
opportunity of ownership. For those who do not desire to purchase or are unable to qualifY for
bank financing, the applicant will offer to pay an amount equal to one month's rent to assist with
relocation. The tenant will have the option of not having to pay their last month's rent or
receiving an equivalent payment. Payments will be paid to the tenant's new property
management company within the last 30 days of their tenancy. The tenant will additionally have
the option of receiving the incentive, directly upon vacating their individual dwellings.
Design Guidelines:
The applicant has submitted a Design Review application that was approved by the Zoning
Administrator on April 20, 2007. The Design Review permit proposed no significant changes, but
rather minor design upgrades, including repairing or replacing fencing, providing new landscaped
area and a new trash enclosure, etc. (see Attachment G, Project Plans). For interior improvements,
each unit will be renovated to provide new carpet, tile, doors, windows, hardware, storage areas,
etc. The existing laundry room facility that was illegally built inside one of the garages would also
be removed and individual laundry facilities will be provided in each unit. The current location of
the laundry room facility will be converted back into a garage space for the individual tenants use.
Noticing Documentation
Pursuant to Section 66452 of the Subdivision Map Act, condominium conversion projects must
satisfY certain noticing requirements for specified time periods. The Table 3 below identifies the
noticing requirements and when existing and prospective tenants should receive them. The tenants
have been made aware of the condominium conversion project proposal since June 2005.The
tenant that has moved in since then has been given a notice prior to signing his or her lease
agreement. Each tenant will be given notice of having the first option to purchase a unit. The
Table also shows when the Applicant met these requirements. Sample notices provided by the
Applicant are attached (see Attachment E, Noticing Documentation).
14-5
PCS-06-08
Page No.6
Table 3: Noticing Documentation
NOTICE REQUIREMENT HOW LONG & WHEN CQMPUANCE
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
annlication with the City tenants on June 6, 2005.
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 signed notice by the new
tenant tenant in Apt #5 that moved
in after June 6, 2005.
10-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 approval- "Form D" the Final Man bv the city following Final Map approval
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
tenancv - "Form 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 - "Form F' from the Department of Real
Estate
180-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- "Forni G" tenants on November 29,
2005.
* Attachment H - Noticing Docmnentation
The City Council only needs to find that the Applicant has submitted Forms "A" and "B" prior to
the approval of the Final Map. The remaining notices are required after approval of the Final Map.
Physical Element Report:
The applicant submitted a "Physical Element Report" (See Attachment D) prepared by Lorber
Engineers for review by the City's Building Official. The report concludes that the existing
apartment complex is in overall fair condition with minor defects, considering the age of the
existing building. After reviewing the reco=endations, staff concludes that the proposed
improvements will satisfy the Building Code requirements if the reco=ended improvements are
constructed or put in place. Staff has included the report recommendations as conditions of
approval in the City Council Resolution.
Housing Inspection:
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 completed two housing inspections on June 2,
2005 and July 6, 2005 where all items were repaired or corrected, except for two items being
deferred to the building permit process. The applicant is required, by condition of approval, to
correct any deficiencies prior to Final Map approval. The two items included reinstalling the GFCI
duplex receptacles in the garage from the house meter to the unit meter and each unit shall be
served by separate electric meters.
14-6
PCS-06-08
Page No. 7
Separate Service Meters:
Each unit has individual gas and electric meters. A Homeowner's 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.
CC&Rs:
The Project is conditioned to provide evidence of declarations of covenants, conditions and
restrictions in conjunction with approval of the Final Map.
Fire Protection:
The project shall comply with the California Fire Code including, but not limited installing smoke
detectors to be hard wired and interconnected with battery backup capabilities in each bedroom and
hallway leading to bedroom.
DECISION-MAKER CONFLICTS:
Staff has reviewed the property holdings of City Council and has found no property holdings
within 500 feet of the boundaries of the property which is subject to this action.
CONCLUSION:
This project is consistent with the Multi-Family Residential (R3) Zone, General Plan designation
of Residential High, Design Manual, Landscape Manual, and all other applicable codes and
regulations of the Municipal Code.
Based on the preceding information, the project, as conditioned, is in substantial conformance
with the requirements for condominium conversion and that the City Council can approve the
Tentative Map subject to the conditions listed in the attached City Council Resolution.
FISCAL IMPACT
The application fees and processing cost are paid for by the Applicant.
ATTACHMENTS
A. Locator Map
B. Planning Commission Resolution
C. Proposed Upgrades
D. Physical Elements Report - "Executive Summary"
E. Noticing Documentation
F. Disclosure Statement
G. Proj ect Plans
Prepared by: Caroline Young, Assistant Planner, Planning Division
J :\Planning\Caroline\Discretionary Pennits\PCS-Q6-0S-CC Staff Report
14-7
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT . b PROJECT OESCRIPTlON:
C) APPLICANT: Michael R. Palum 0 MISCELLANEOUS
PROJECT 148 Fourth Av Proposing condominium conversion of existing seven-unit
AOORESS: . apartment building with seven attached one-car garage and
SCALE: FILE NUMBER; seven open parking spaces.
NORTH No Scale PCS-06-08 Related cases: DRC'()6-39
J:\plannlng\carlos\locators\pcs060B.cdr 11.28.05
14-8
ATTACHMENT A
RESOLUTION NO. PCS-06-08
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE A TENTATIVE MAP
TO DIVIDE INTEREST IN .26 ACRES AT 148 FOURTH AVENUE FOR A ONE-LOT
CONDO:MINIUM CONTAINING 7 RESIDENTIAL UNITS-MICHAEL PALUMBO.
,
WHEREAS, on November 21, 2005, a du1y verified application was filed with the City of
Chu1a Vista Planning and Building Department by Michael Palumbo ("Applicant"), requesting
approval of a Tentative Subdivision Map to convert 7 apartment units into individually owned
condominiums ("Project"); and,
WHEREAS, the area of land which is the subject matter of this Resolution is
diagrammatically represented on Exhibit A and for the general description herein consists of a .26
acres located at 148 Fourth Ave ("Project Site"); and
WHEREAS, 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 qass 1 (existing facilities) categorical exemption pursuantto Section 15301 of
the State CEQA Guidelines. Thus, no further environmental review is necessary; and
WHEREAS, the Planning and Building Director set the time and place for a hearing on the
Project, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circu1ation in the city and its mailing to property owners within 500 feet ofth.e
exterior boundaries of the property, at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.,
May 9,2007, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and
the hearing was then closed; and
WHEREAS, the Planning Commission having received certain evidence on May 9, 2007, as
set forth in the record of its proceedings made certain findings, as set forth in their recommending
Resolution PCS-06-08, and recommended that the City Council approve the Project based on certain
terms and conditions.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
recommends that the City Council adopt the attached Draft City Council Resolution approving the
Project in accordance with the findings and subject to the conditions contained in that Resolution.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City .
Council.
14-9
ATTACHMENT B
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 9th day of May, 2007, by the following vote, to-wit:
AYES:
Vinson, Moctezuma, Bensoussan, Felber, Tripp, Clayton, Spethman
NOES:
ABSENT:
~hili
ATTEST:
Diana Vargas, Se etary
f
14-10
PROPOSED UPGRADES
148 4TH Avenue
Vision Condominums
The developer intends to upgrade major and minor components of the property, for the
purposes of providing quality and affordable residential condominium units. The
inspector's findings will be addressed with new and/or upgraded materials that meet or
exceed current building codes. The developer will employ a licensed building contractor
to perform or oversee the upgrades and improvements contained herein. Where permits
are required the contractor will make the necessary application to the City of Chula Vista.
2.0 Cost Allocations for Improvements
The issues will be addressed in the natural order of the inspection report, referenced by
the paragraph number. See table 1.1 for quick reference to planned improvements. The
n:p!!,irs or improvement will be addressed in the following manner; prior to occupancy of
units (pOU), short term and intermediate repairs to be performed between 1 and 5 years
(STIR), and proposed improvements prior to occuPancy of unit (pIPO).
Wall Doors and Trim:
Trump Pest Control estimates $6,000 for Tenting and Wood trim replacement
Performed prior to occupancy of units (pOU)
Fencing & Gates:
Estimated cost to replace $5,000
Proposed improvements prior to occupancy of unit (pIPO)
Gutters and Downspouts:
Estimated cost to upgrade $700.00
Proposed improvements prior to occupancy of unit (pIPO)
~...:...
~ov 2 1 2005
Smoke detectors in 14 bedrooms
Estimated cost to install $ n 4.00
Proposed improvements prior to occupancy of unit (PIPO)
p\zc.- UG;- 30
PROPOSED UPGRADES
- 1 -
14-11
ATTACHMENT C
Acoustic ceilings will be removed and replaced
Approximate Cost to remove and replace $6,000.00
Proposed improvements prior to occupancy of unit (PIPO)
Common Laundry Area:
The common laundry area will be removed, an under the counter unit will be installed in
each unit.
Approximate Cost $7,000
Proposed improvements prior to occupancy of unit (pIPO)
Toilets:
All toilets will be replaced with most current low flow toilets
Approximate Cost $900.00
Proposed improvements prior to occupancy of unit (pIPO)
Cabinets:
All cabinets will be refurbished
_~PI1roximate Cost $2,800
Proposed improvements prior to occupancy of unit (pIPO)
Appliances:
Dishwashers, stove and ovens will be replaced
Approximate Cost $5,600
Proposed improvements prior to occupancy of unit (pIPO)
3.0 Other Planned Improvements:
Storage:
200 cubic area storage units will be installed in each garage
Approximate Cost $5,600
Counter Tops "Kitchens and Bathrooms"
Kitchens and Baths counter tops will be replaced
Approximate Cost $2,500
Proposed improvements prior to occupancy of unit (pIPO)
Flooring:
All units will be carpeted and tiled with new materials
Approximate Cost $7,700
Proposed improvements prior to occupancy of unit (pIPO)
Wall Coverings;
All units will be freshly painted:
Approximate Cost $5,600
Proposed improvements prior to occupancy of unit (PIPO)
PROPOSED UPGRADES
- 2 -
14-12
Automatic Garage Door Openers:
Approximate Cost $1,200
Proposed improvements prior to occupancy of unit (PIFO)
Exterior Paint:
Complete Exterior Paint
Approximate Cost $10,000
Proposed improvements prior to occupancy of unit (PIPO)
Light Fixtures:
Interior and Exterior
Approximate Cost $1,500
Proposed improvements prior to occupancy of unit (PIPO)
PROPOSED UPGRADES
- 3 -
14-13
Table 1.1
Improvement Cost Analysis
.
Nenet Plu-dJ9.~ Chst . 'IlI1E
Pest TaJt:ing 4.01 $6,00] IUJ
F~&GlI:es 4.05 $5,00] PIPO
GJttas lIldIh\mpa.Jts 4.lJ7 ro PIPO
RrofGMring 5.02 $25,00; STIR
\Vcter Ibms 6ffi $1,4aJ PIPO
Stn:k flej", i(1'i 9.02 $114 PIPO
CeiIingl 9n2 $6,00] PIPO
liiixIry 9~02 $7,00] PIPO
T<iIels 9.02 $lXXJ PIPO
CabineIs 9.02 $},ID1 PIPO
~ 9.02 $5,& PIPO
StCI3!J: <i:llfn" PIPO
CoomrTcp:; PIPO
Fkxring $7,7fX PIPO
\Vcill Cmtring; $5,& PIPO
~Ih:rQxnr.> $J.,n PIPO
FxIfricr Pdim $10,00: PIPO
IJdtFJXtures $l,5(X: PIPO
Tctal $113,914
.:. (pOU) Prior to occupancy
.:. (STIR) Short term and intermediate repairs to be performed between 1 and 5 years
.:. (plPO) Proposed improvements prior to occupancy of unit (plPO).
PROPOSED UPGRADES
4
14-14
Page 3 October 20, 2005
EXECUTIVE SUMMARY
- -
A property condition assessment was performed by Lorber Engineers on the Vision
Condominium Apartments property located at 148 Fourth Avenue in Chula Vista,
California (Subject Property). The assessment was conducted on October 4, 2005.The
Subject Property consists of a rectangular shaped parcel ofland situated at the west side
of Fourth Avenue, approximately one mile east of the San Diego Freeway (1-5). The
property is improved with one, 2-story, multifamily building containing a total of
approximately 5,980 net rentable square feet and a total of seven apartment units. In
addition, the property contains a smalllaWldry room.
General De~ripti(ln
The Subject Property consists of one wood framed structure with limited landscaped
areas along Fourth Avenue and at the perimeter of the buildings. According to a City of
. _ Chula Vista Bwlding Department representative, there does not appear to be any reported
- - 'building code violations at the Property. In addition, the developer researched the City of
Cbula Vista Building Department lile for the original building pennit, Certificate of
Occupancy and any outatanding violations, No violations were doted in the Building
Department lile,
,:::r!\~'Y'::."~J!i'i\~~ ".',11". .,'t(' ""'" '; 'l";")!""~ 'c. .FIRE '^.,
i'fhtfri'biNd"J~ ~Iii'o :STolUESI..";
'..f, . ~'~-""'~"'- . _ "",_."'_ iJ ''I\*1SP:R.lNKLERs
.::" ." .", - .:?~~
,)l:.....-u:.,;,- - ' '. ,"- ~ ~- :BUlLDING ' . ,I 1 I
';: BUlLpING~" -~.. ~'-:HEiGirf~ '""""YES J\ .. NO
(SQUARE nino , ,f .
One, 2-story, apartment 5,980 NRA 2-story /27' 6" X
buildinl!
Seven attached single 2-story /27' 6" X
car l!aral!es
-
o Gross Boor area (OF A; net rentable area (NRA)
UNIT MIX . ,
,e,. ..~. .Size . Number of Units SF Area (SF)
2 Bedrooml2.5 Bath I 900
2 Bedroom/I Bath 6 830
The Subject Property is zoned "R-3", multi-family residential district by the City of
Cbula Vista Planning Department The subject improvements appear to be developed in
accordance with the designated zoning,
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-15
ATTACHMENT D
Page 4 October 20, 2005
1.00 INTRODUCTION
This report is an opinion about the condition of the major systems of this property based
on visual evidence available during a diligent inspection of accessible areas. Weare
concerned with identifying major deficiencies, which in our opinion, are ones that would
cost approximately $500.00 or more to correct. We did not remove surface materials,
move furniture or undertake destructive testing as part of this inspection. This report is
not an exhaustive technical evaluation, which would cost much more.
No property is in perfect condition and all will have items deserving attention. Often
these are matters of personal preference. We recommend that you keep in mind the
following as you read this report: age of the structure, level of use, maintenance history,
climatic exposure, skill and workmanship of the builder which always varies, and
prevailing building codes and practices.
All inspected items are examined for serviceability. The term "serviceable" is intended to
__ _...mean that no significant abnorma1ities are noted and the item is generally functioning as
intended. Some item can be deemed serviceable and yet have some minor deficiency.
2.00 DESCRIPTION
This property includes 7 apartments and 7 attached garages with mostly stucco on the
exterior and a composition shingle roof surfacing.
The structure appears to be constructed on a nearly level building pad on a concrete slab
foundation. The structure is reportedly about 20 years old and is assumed to face east for
purposes of this report.
3.00 STRUCTURAL
3.01 General - Our evaluation of the structure is derived from many indirect inspection
observations. Since we rarely see the wall framing, we look for cracks and bulges in the
finish of the walls to determine condition. It is possible that there are shortcomings with
the structure of this complex that will not be knowable from a visual inspection.
Engineering/design review of structure is beyond scope of inspection. Inspecting for
damage, deterioration, unconventional construction etc.
As an advisory, we did not have access to any soils report, structural or grading plans, did
not do any destructive testing. Having more comprehensive information could reinforce
our opinion or, on the other hand, could potentially change it.
3.02 Specific Conditions - We noted the following:
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-16
Page 5 October 20, 2005
_ Most of the foundation and structural framing are covered by fmishes and not visible for
inspection.
_ We inspected the floors, wall and ceiling surfaces, door casings and the fit of the doors
and windows for any indication that there is movement ongoing with respect to the
foundation. The condition of surfaces and function of architectural features appear to be
within an acceptable range and suggest that the structure is intact and performing as
intended.
_ There are some variations in the upper floor finishes which is not uncommon for wood
framed structures and again appear to be in an acceptable range.
_ Invasive roots appear to encroach the foundation at a couple locations. We recommend
keeping roots trimmed back to eliminate the potential for foundation damage.
_ Much of the prefabricated truss wood roof framing was inspected by entering the attics
. _ _>Aathe various access panels - one located in each upper level apartment. The attic
insulation partially obscured our view of some framing members.
There is no indication of damage (non-termite) or deterioration with respect to the visible
framing. Where there is no attic, the finishes on the ceilings did not indicate any reason
for structural concern.
_ The termite frass in the attics indicate widespread termite activity. We recommend that
you consult your structural pest control inspection report for further guidance.
4.00 EXTERIOR
4.01 Walls, Doors & Trim - The exterior walls of this property are covered with stucco
and some horizontal wood siding. We noted the following conditions:
_ The stucco was at least spot painted sometime in past. If so, sealing and painting of
surfaces can obscure stains, cracks etc. As advisory, painted stucco requires more
maintenance than integral coloring.
_ There is a pattern of stucco staining at the walls surrounding the exterior and on the
under side of the decks. The definitive cause of the staining is unknown. Staining on the
underside could reflect known past leaking of some decks.
_ Discoloration of stucco walls, e,g, on the south side, could be caused by water running
off of the roof.
_ There is widespread lots termite frass accumulation on exterior architectural features,
e.g., wood trim etc. Also, there is heavy spot damage to wood trim components e.g. at the
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-17
Page 6 October 20,2005
electrical meter cabinets. We recommend consulting your structural pest control
contractor for further guidance.
- There is minor, spot damage to stucco at various locations.
- A few garage door combustion air vents are impact damaged
4.02 DRAINAGE & GRADING - WHILE ANY DRAINAGE COMMENTARY IS
INTENDED TO IDENTIFY CONDITIONS THAT MAY BE LESS THAN IDEAL,
IT IS POSSIBLE THAT A GIVEN POOR DRAINAGE STRATEGY MAY NOT
MANIFEST ITSELF IN ANY SIGNIFICANT WAY. WE OFFER THE
FOLLOWING COMMENTS:
_ The drainage patterns visually appear relatively flat or inconsistent and do not appear to
have a definitive drain pattern that will carry surface water to an appropriate location.
The site drainage was not actually water tested.
_ Planting beds around property will tend to trap surface water; no drains visible.
Vegetation or mulch may have obscured some installed drains.
_ Some downspouts discharge into planting beds. As no drains were visible in the
planting beds, we recommend redirecting downspout termination.
_ While not inspected per se, at least, I irrigation system valve box cover is damaged,
e.g., on the south side. The damage could present a tripping hazard.
We have enclosed a publication by the San Diego Chapter of the California Council of
Civil Engineers and Land Surveyors entitled "Wet Weather Maintenance of Structure
Site" which provides helpful advise about control of surface water.
4.03 Walkways/Hardscapes - GeneraJly appear to be in serviceable condition. There are
some minor miscellaneous cracks. At least, a couple spots appear to be slightly uplifted
from tree root intrusion. Any uplift conditions can present a tripping hazard.
4.04 DECKSIBALCONIES - WE NOTED THE FOLLOWING CONDITIONS:
General (occurs at all/most):
_ Our evaluation is limited to visual non-destructive testing. We did not water test the
decklbalcony surfaces for proper drainage or leaks. We do not know if they will leak and
we make no warranty of their condition. We did not test deck drain scuppers.
_ AGAIN, THE STAINiNG ON THE UNDERSIDE OF SOME DECKS CAN
INDICATE LEAKING, AT LEAST, IN THE PAST. AN ELECTRONIC MOISTURE
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-18
Page 7 October 20, 2005
DETECTOR INDICATES A NORMAL LEVEL OF MOISTURE PRESENT AT THIS
TIME. RECOMMEND MONITORING FOR SIGNS OF FURTHER LEAKAGE.
_ All features generally appear to be in serviceable condition.
4.05 Fencing & Gates - Only representative sections of the perimeter fencing was
inspected. Some fencing is obscured by heavy vegetation and, therefore, not inspected.
We noted the following conditions:
_ Much of the wooden fence is in contact with the soil, which can lead to rot.
_ There are multiple spots ofrot and termite damage to the wood fencing.
4.06 STEPSILANDINGS - APPEAR TO BE IN SATISFACTORY CONDITION.
SOME MINOR, MISCELLANEOUS CRACKS WERE NOTED.
-- -.-4.07 Gutters & Downspouts - We noted the following conditions:
_ A partial gutter and downspout system installed. Those gutters and downspouts that are
present generally appear to be serviceable. A full system at all eaves is always
recommended to help with site drainage. We did not water test the system.
_ Again, a few of downspouts discharge on ground adjacent to the structure; redirect.
4.08 Miscellaneous Exterior - The irrigation system is not included in the inspection &
therefore, was not tested.
5.00 ROOFING
5.01 General - The roof is a system that must work well together to provide weather
protection for the structure. The major elements in this system include the roofmg or roof
covering, the underlayment, flashing, sheathing, and the roof framing. We have not
conducted any water tests of this roof and do not know if it will leak, and we make no
warranty of its condition. Our evaluation is limited to visual non-destructive testing. A
complete roof inspection would require destructive testing which is not included in our
standard inspection.
5.02 Roof Covering: The roofing was examined by walking on the surfaces. A
composition shingle roof surfacing is installed. We noted the following conditions:
GENERAL
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-19
Page 8 October 20, 2005
Composition shingle coverings have about a 20 yr service life when new. Assuming that
the roofing is the original installed, it is nominally nearing the end of its expected service
life. General conditions also indicate that it will need to be replaced "on schedule".
We recommend contacting independent roofer if you desire further guidance. Roofer
should conduct overall inspection of roofing.
Specific:
- Stains on the roof sheathing around skylights, e.g., at the south exterior entry skylight,
accessible via the apartment #4 attic, and the apartment 6 attic skylight indicate leaks.
- Most ridge and hip shingles are highly deteriorated and need to be replaced. Some
shingles have deteriorated to the point where holes have appeared in the roof moisture
barrier which will allow water to leak into the attics.
-- .--~ There is fiberglass showing around frayed shingle edges which indicates advancing
shingle age.
- Passive roof ventilation appears less than currently required for roof framing.
Recommend ventilation assessment when you next re-roof.
- No step and counter flashing is visible at lower level entry door roofpopouts. Ensure
that the proper flashing is installed with the next roof replacement.
- Some of the 2nd roof flashings are cracked open and need to be sealed.
- There is minor cracks/crazing in a few skylights.
6.00 PLUMBING
6.01 General- The property is served by public water and sewer services.
When not used, plumbing fixtures can deteriorate; I test may not reveal problems.
6.02 Main Water Shut-Off - The main water service point, shut-off valve and any
pressure regulator were not located.
6.03 Water Pressure - There was no place to take water pressure with disconnecting
appliances. We will not disconnect an appliance because we could cause some
damage/leaks. The maximum recommended water pressure in a structure is 80 psi and the
minimum is 30 psi.
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-20
Page 9 October 20, 2005
6.04 Supply Lines - We noted the following conditions:
Visible current water supply lines appear to be made of copper pipe, however, most of
the piping is not visible as it is covered by wall fmishes. The original polybutylene piping
was replaced wi copper piping; a permit was required for this work.
There is evidence of, at least, past leaks, e.g., in some garages and some bathrooms. We
have no way of knowing if any of these leaks were related to the distribution piping.
6.05 Waste Lines - All visible waste lines appear to be made of ABS plastic piping. All
visible piping appears to be in serviceable condition.
6.06 Gas System - The gas meter locations are near the exterior, north side of the
structure. They appear to be in serviceable condition.
6.07 Water Heater - Each apartment is served by a dedicated water heater located in the
__ _.lenant associated garage. Also, there is a water heater located in the common area laundry
room. We noted the following conditions:
GENERAL (OCCURS AT ALUMOS1):
- Water heater strapping meets minimum requirements to help prevent overturning.
_ None of the accessible water heaters appear to be the original. Technically, permits
were required when the water heaters were replaced.
- As advisory, no pipe bollards are installed to protect heaters as currently required.
_ Heaters nominally have about a 7-10 yr service life. Heaters in this age range or older
could fail at anytime.
_ Some PIT valve drain piping includes stainless steel flexible connectors; only hard
drawn metal is allowed.
COMMON LAUNDRY ROOM WATER HEATER:
- A I year old, 30 gallon, gas-fired heater is installed.
GARAGE WATER HEATERS:
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-21
Page 10 October 20,2005
Apartment #1:
- The water heater was inaccessible; the garage overhead door was locked
Apartment #2:
- A 9 year old, 30 gallon, gas-fired heater is installed; could fail at anytime.
- Some PfT piping is composed for flexible connector.
Apartment #3:
- The water heater was inaccessible; blocked by storage.
Apartment #4:
_. ...:. The water heater was inaccessible; the garage overhead door was locked
Apartment #5:
- The water heater was inaccessible; the garage overhead door was locked
Apartment #6:
- A 10 year old, 30 gallon, gas-fIred heater is installed; could fail at anytime.
- Some PfT piping is composed for flexible connector.
Apartment #7:
- A 3 year old, 30 gallon, gas-fIred heater is installed.
6.08 Special Features -As an advisory, no fIre sprinkler system is installed
7.00 HEATING
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-22
Page 11 October 20, 2005
7.01 Systems:
GENERAL CONDITIONS:
_ Wall mounted electric heating and air conditioning package units are installed in each
apartment.
_ Heating/air conditioning packages generally have an expected life of about 20 yrs;
current ages are unknown.
SPEClFIC:
Apartment #1:
- Appears to be working satisfactorily.
__ _...Apartment #2:
- Appears to be working satisfactorily.
Apartment #3:
- Appears to be working satisfactorily.
Apartment #4:
- Appears to be working satisfactorily.
Apartment #5:
- Appears to be working satisfactorily.
Apartment #6:
- Appears to be working satisfactorily.
Apartment #7:
- Appears to be working satisfactorily.
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-23
Page 12 October 20, 2005
8.00 ELECTRICAL
8.01 General - While certain types of deficiencies are readily discernible, not all
conditions that can effect electrical system reliability and safety can be identified during a
visual inspection.
The purpose of a GFCI is to provide protection against shock hazards. It will open or
"trip" on slight imbalances in current flow, thus protecting you. The GFCI operates as
other circuit breakers, should it "trip," simply reset it for continuing operation.
Periodically, you should test the GFCI for proper operation. By pushing the test button,
the GFCI should trip to the "OFF" position.
8.02 General Conditions (applies to most or all):
_ The meters and main disconnects are located in the exterior northwest comer cabinet.
An electrical sub-panel is located in each apartment. Each panel appears to provide 90
._ ..._amperes of power.
8.02 Specific Conditions:
_ There are numerous switch/outlet covers missing at various locations. Covers are
needed for fire safety.
_ No GFCI protected receptacles were found in the garage and in the kitchens. GFCI's are
now required at all exterior, bathroom and kitchen countertop receptacles and garage
convenience receptacles.
- The following lighting was not/could not be tested:
. Any sensor/timer controlled light fixtures.
9.00 INTERIOR
9.01 General - Identifying the presence of any molds, toxic or otherwise, algae, spores
etC., is beyond the scope of the inspection. Testing would be required to rule out presence
of any environmental hazards. If there is any concern on your part about indoor air
quality, we recommend contacting a qualified specialty contractor for further guidance.
9.02 General Conditions (applies to all or most):
_ No detectors installed in the bedrooms as required w/ neWer construction.
_ There is spot damage to the fire resistive assemblies (walls) that separate the various
attic spaces.
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-24
Page 13 October 20, 2005
_ The ceilings are covered with acoustic spray. Acoustic spray installed up to about 1982
can have an asbestos component. Positive identification of asbestos requires a laboratory
test.
_ There unfaced fiberglass insulation installed in the attics. There is no way for us to
determine the "R" value.
- There is spot damage to the interior drywall at various locations
_ A few closet light diffusers are missing at various locations; diffusers are needed for
safety.
- Cannot verifY that ceiling fans are installed with adequate support.
- There are several screens/frames that show spot damage.
-- --9.03 SPECIFIC CONDmONS,
Apartment #1:
_ There are apparent stains on the ceiling of the front bedroom. Again, could be related to
known past deck leaks.
- One of the bedroom windows is damaged/cracked.
Apartment #2:
_ Guardrail openings exceed the 4 " spacing allowed on current construction.
Apartment #3:
- There are a few, minor front entry tile cracks
_ The smoke detector at the entry to the sleeping area is missing
Apartment #4:
- The front entry tile grout shows spot deterioration.
- There is rot/termite damage to exterior deck door components.
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-25
Page 14 October 20, 2005
- The space between the exterior deck door thresholds & landings is greater than allowed.
The distance cannot be greater than I inch when the door opens outward. Also, the door
weather stripping damaged.
Apartment #5:
- No additional comments.
Apartment #6:
- No additional comments.
Apartment #7:
- No additional comments.
__ .._COMMON LAUNDRY ROOM:
- Testing of the appliances is not included in the inspection.
- No catch pan is installed under washer; any drain was not visible/not tested. Omission
can lead to flooding if there is an overflowlhose break.
- Water supply connectors serving clothes washer are the original rubber ones. As these
eventually fail, rec. replacing w/ flexible, stainless steel connectors.
- The combustion air openings in the closet doors appear too small. They nominally do
not appear to provide the required amount of needed combustion air.
10.00 KITCHEN & APPLIANCES
10.01 General - We tested the appliances listed below to see if they work. Our "test" is
not an evaluation of performance but is only to verify that they "work". It is possible that
timers may be defective, garbage disposals may be ineffective, thermostats may be out of
calibration, and the appliance can still "pass" our abbreviated test. Appliances can fail at
any time without warning. There are insurance policies available to you that may provide
some protection. Your agent can supply information on this subject. All comments
pertain to the main kitchen unless otherwise specified.
10.02 General Conditions:
Each apartment kitchen is typically equipped with an electric range, dishwasher, garbage
disposal, and microwave
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-26
Page 15 October 20, 2005
We did not operationally test the appliances.
There are a few miscellaneous cabinet/casework discrepancies, e.g., cabinet doors rub
and missing hardware etc.
10.03 Specific Conditions:
Apartment #1:
- No additional comments.
Apartment #2:
- No additional comments.
Apartment #3:
- No additional comments.
Apartment #4:
- No additional comments.
Apartment #5:
- No additional comments.
Apartment #6:
- No additional comments.
Apartment #7:
- No additional comments.
11.00 BATHROOMS
11.01 General - The serviceability of the major components like sinks, showers, tubs,
toilets, visible plumbing, exhaust fans, cabinetry, mirrors, windows, electrical outlets and
light fixtures or any other installed features, unless otherwise noted, are inspected.
Common minor deficiencies, such as deteriorated tile caulking or grouting are may not be
called out.
When not used, plumbing fixtures can deteriorate; 1 test may not reveal problems.
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-27
Page 16 October 20, 2005
11.02 General Conditions (applies to all/most):
_ Fiberglass tub/shower enclosures are installed in each bathroom.
- Most sink drain plugs are missing
_ With any chronic high moisture conditions, the probability of subsurface
rot/deterioration andlor fungi growth (toxic mold, algae, mildew etc.) is high. Further
evaluation to determine scope of any mold concerns would be have to be conducted by a
qualified, licensed industrial hygienist.
Apartment #1:
_ There is an elevated moisture reading at lower left-hand side of the tub shower
enclosure. While not definitive, water appears to be leaking from the tub/shower
._ ...J:nclosure. The exact cause/mechanism is unknown.
- The toilet is loosely mounted to the floor; replace wax ring & remount.
_ There is heavy discoloration/staining of the tub/shower fiberglass enclosure.
- Tub/shower mono water control handles is loose on wall.
Apartment #2:
Downstairs Hall Bathroom:
_ There is discolored sheet vinyl flooring and stains along lower wall and baseboard.
There is a musty odor, mold-like accumulation and elevated moisture reading in the
storage closet adjacent to the bathroom. While not definitive, the conditions likely reflect
a plumbing fixture overflow or toilet leak. Recommend that a qualified plumber
investigate the conditions further. Recommend consulting a licensed industrial hygienist
concerning any needed water damage mitigation.
_ There are some paint blisters on ceiling. The exact cause is not known; various
possibilities. Could be evidence of the past leak from plumbing or the above apartment
bathroom.
Upstairs Hall Bathroom:
_ The tub/shower water control handle is damaged; needs to be replaced. Also, the water
control handles is loose on the wall.
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-28
Page 17 October 20, 2005
- The toilet is loosely mounted to the floor; replace wax ring & remount.
Apartment #3:
_ Apparent water damage to base board along the lower wall to the lower, left-and side of
the shower. Also, there is discoloration of the wall, mold-like accumulation at the mid-
height, left-hand side of the tub shower. The exact causes are unknown; various
possibilities.
- The toilet pedestal is damaged/cracked.
Apartment #4:
_ The toilet is loosely mounted to the floor; replace wax ring & remount.
Apartment #5:
- The toilet is loosely mounted to the floor; replace wax ring & remount.
Apartment #6:
- The toilet is loosely mounted to the floor; replace wax ring & remount.
Apartment #7:
- No additional comments.
12.00 GARAGE
12.01 General Conditions (applies to most/all):
_ Many surfaces are obscured by storage materials, equipment etc.
- As an advisory, no electronic overhead door openers are installed.
_ There is spot damage to the interior drywall at various locations.
12.02 Specific Conditions:
Apartment #1:
_ The garage door was padlocked and, therefore, the garage interior could not be
inspected.
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-29
Page 18 October 20, 2005
Apartment #2:
- Again, there are stains on ceiling around water heater supply piping.
Apartment #3:
- Again, there are stains on ceiling around water heater supply piping.
Apartment #4:
- The garage door was padlocked and, therefore, the garage interior could not be
inspected.
Apartment #5:
- The garage door was padlocked and, therefore, the garage interior could not be
inspected.
Apartment #6:
- No additional comments.
Apartment #7:
- No additional comments.
14.00 LIMITATIONS OF SCOPE
This evaluation is not a geological inspection of the site. No subsurface investigation is
made and this inspection is not what might be referred to as a "soils report". We can
make no determination of the prior grading activity that mayor may not have occurred
without more extensive research of public records or subsurface investigation. If you
desire a geotechnical evaluation, we can provide these services at an added fee.
Weare not providing a structural pest control inspection. We understand that you will be
provided with a separate inspection report that will address the presence or absence of
wood-destroying organisms.
Owning any building involves some risk and no property is perfect. Even the most
comprehensive inspection cannot be expected to reveal every condition you may consider
important to your ownership. Further, without disassembling the building, not everything
can be known. This report is not a structure warranty, is not to be considered a
guarantee of condition and is not an insurance policy of any kind.
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-30
Page 19 October 20, 2005
While some references to hazardous materials and code compliance may be made, our
report is not a complete investigation for code compliance, toxic wastes in the building
or adjacent soils, hazardous materials, or public records affecting this property. Such an
investigation would be much more costly and is beyond the scope of this inspection.
15.00 CONCLUSION
The main objective of the inspection is to identify the overall condition of the
property/systems and areas of concern and not necessarily to identify every individual
defect.
Based on the visual inspection the types of discrepancies are typical for a property of this
age, use and type of construction.
It is possible that with higher level (specialty) inspections, a wider range of deficiencies
may be identified. Some may only be discoverable with destructive testing.
-- -.olf you have any questions about this report or inspection, please feel free to call us for
clarification.
End of Reoort
PHYICAL ELEMENTS REPORT
LORBOR ENGINEERS
14-31
.-
"~
CONDOMl1'<WM CONVERSIONS- FORll1 A
6O-DAY
NOTICE TO EXISTING TENANT
OF INTENT TO CONVERT
To the occupant(s) of:"
">
148 4th Avenue
(address)
(apartment ff)
~
TheOWileI(s) of this bl,iltHng. at 148 4th Avenue (address), plaml to Jile a
Design Review and TentativeIParcel Map application with the City of Chnla Vtsta to convert this l:luiIding
. to a condominium. project Yon shall be given notice of CaA:b. hearing for which notice is required p1lISUllI11:
to Sections 664513 and 66452.5 of the Government Code, and you have the right to appear and the right
to be heard at any such hearing. The owner or owner's agC:nt shall provide a total of five (5) di:ffi:rent
notices throughout the approval process to each tenant prior to the tenant vacating the premises due to the
conversion. The City of Chula VlSta will notify each tedant of all three (3) public hearings
(Design R.e-,.iew Committee, Plmning Commission, and City Council) for the project approval
.//
" /::0'/.t/:;/ /-/ /-
".,I.; I u*! //:/'.~
/n ,
(signature of owner or owner's rgem)
06/0612005
(date)
~"
(Section 66427.t{a) & 66452.9 of the GovcmmentCode)
14-32
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14-33
,...-----
.
CONDOl\llNIUM CONVERSIONS- FORM B
~
NOTICE TO PROSPECTIVE TENANT
OF INTENT TO CONVERT
(PRIOR TO EXECUTION OF RENTAL AGREEMEN1]
To the prospective occupant(s) of:
1"'l5 LJTH /J,VF
(address)
t15 Cf1VlAVISTA(CA 17-;20/0
(apartment #)
The owner(s) of this building, at M9 4711AVI;. O/fJLA VlfTA CA d)20{O (address), has filed or
plans to file a Design Review and Tentative/Parcel Map application with the City of Chula Vista to
convc:Ft..this building to a condominium project. No units may be sold in this building unless the
conversion is approved by the City of Chula Vista and until after a public report is issued by the
Department of Real Estate. If you become a tenant of the building, you shall be given notice of each
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. The owner or owner's agent
shall provide a total of five (5) different notices throughout the approval process to each tenant prior to the
tenant vacating the premises due to the conversion. The City of Chula Vista will notify each tenant of all
........ three public hearings (Design Review Committee, Plan.1ing Commission, and City Council) for the
project approval. If you moved in after the process had began, the owner or owner's representative shall
inform you of the current status of the project and how many notices you will be given prior to vacating
the unit. ~ 12. (f d~~~
(signature of owner or owner's agent)
C,- 7- () S'
(date)
I have received this notice o#" 4f.zd (
(da e)
(Section 66427.1(a) & 66452.8 of the Government Code)
14-34
CONDOMfi'iIUi\I COl'iVERSIONS- FOR.."I G
1 SO-DAY
NOTICE TO EXISTING TENA....l'iT
OF l'iTE1'l'T TO CO(\i-vERTrIER.."IINATION OF TEN~"CY
To the occupant(s) of:
148 4u, Avenue
(address)
(apartment #)
The ownerC'0 of this building, at 148 4th Avenue (address), have obtained
all necessary approvals from the City of Chula Vista and Department or Real Estate. After the approval of
the Building Permit, the owner can begin the construction process of converting the units into
condominium, if changes are being proposed. The owner has the right to terminate your lease or rental
agreement on or after 180 days of the date ofthis notice. Please verify with the owner or owner's agent of
the anticipated move out date if you have not purchased your unit. Tenants who have purchased their units
may also be required to temporary move out during the construction phase.
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06/06/2005
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(Section 66427.1 (e) ofdle Government CoJe)
14-35
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14-37
"'~\{?-
-;-
~ P'"""W
---
p I ann
n g
&
Building
Planning Dj',isiun I
Department
Development Processing
Cl1Y OF
CHUlA VISTA
AFPUGATION APFENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Counc;;,
Planning Commission and aU other offidal bodies of the City, a statement of disc!osur;; of certain ownership or fina.",c:;:-
interests, payments, or campaign contributions for a City of Chula Vista eleetlon must be filed: The following informatien
must t:e disc!czed:
1, List tho names of all persons having a financial interest in the property that is the sutjeet of the applicato,n or the
contract, e,g" owner, applicant, contractor, subcontractor, matsrial suppl.er.
K~.,~""I 90.1............100 Ph\\\,; 1.0 Ole....":.
2, If any person" id~r.;:;7iec PUl'SU2:1t t~ (1 ) abcve is a c:Jrpcratc:; cr pertnefs:'ip. Il~: me narr.eE d ail i n\:!;'iC~E.,E v:'r":
a S2000..investment In tne business (corporation/partnership) ent!ty.
Ai 1"7-
. .
fJ(lA
3, If any person" identlfied pursuant to (1) above is a non-profit organization or tr'Jsl, list the names of a"y persc~
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trJst.
fVfll'T
IV (It'.
4, Fiease identify every person, including any agents, employees, consultants, or independent contractors you have
ass;gned to repres;;nt you before the ClrJ in this matter.
'Ph',L\.,..o D,.....,
f>~..."c._ "1"-,, -<-":0
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5,
Has any person" associated with th.s contract had any financiai deaiin\;s wi~ an official" of the City of C"u.a
Vista as il re!atss to this contract within the past 12 months, Yes_ No~
\
\
\
If Yes, briefly desc:ibe the nature of the tinanc:al interest the officialu may have in this contract.
\
\
6,
Have you made a contnbution of more ,.than $250 within the past t\ve!ve (12) rr.cnrhs to a curretlt member 0: tl':e
Chuia Vista City Caune!? No _ Yes'::!.. If yes, which Coone:! member?
14-38
ATTACHMENT F
~~\r?-
-.-
~--.;
p I ann
n g
& Building
Planning Division
Department
Development Proces$i,,::;
CITY OF
CHUlA VISTA
APPLlCATlON APPENDIX 6
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an official"'''' of the City of Chula Vista :n t~e
past twelve (12) months? (This includes being a source of income, money to retire a legal debt, giit, loan, etc.)
Yes_ No2
17' Yes, which officia!..... and what 'NO.5 the nature or item provided?
\
"
Date '0 (I C /;)...00 ~
, .
Signatdtf~e~~,
t-\..c-h....e\. Q. 9"",1..v-......\.,Q
type name of ContractoriApplicant
p-.,...,: :>-
Person is defined as: any individual, firm, co-partnership, joint venture, associatlon, socia! club. rr2lern2;
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, C otnE;.
poiitical 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 ~ bo~rj,
commission, or committee of the City, employee, or staff members.
. "
14-39
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ESTABLISHING
CONDITIONS OF A TENTATIVE MAP TO SUBDIVIDE .26
ACRES AT 148 FOURTH AVE FOR A ONE-LOT
CONDOMINIUM CONTAINING 7 RESIDENTIAL UNITS -
MICHAEL PALUMBO
1. RECITALS
A. Project; Application for Discretionary Approval
WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on
November 21, 2005, with the City of Chula Vista Planning and Building Department by
Michael Palumbo ("Applicant") requesting approval of a Tentative Subdivision Map to
convert 7 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 Attachment 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. 06-08, Tentative Subdivision Map, and for the purpose of general description herein
consists of .26 acres located at 148 Fourth Ave {"Project Site"); and
C. Prior Discretionary Approval and Recommendations
WHEREAS, the development of the Project Site has received the following discretionary
approvals and recommendations: 1) Zoning Administrative Design Review approval on
April 20, 2007, 2) Planning Commission recommendation of approval of PCS-06-08,
Tentative Subdivision Map for a 7-unit condominium conversion on May 9,2007; and
D. Planning Commission Record of Applications
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
May 9, 2007, and after hearing staffs presentation and public testimony voted 7-0-0 to
recommend that the City Council approve the Project, in accordance with the findings and
subject to the conditions listed below; and
E. Council Record of Applications
WHEREAS, the City Clerk set the time and place for the public hearing on the Project's
tentative subdivision map application; and notice of said hearing, together with its purpose,
was given by its publication in a newspaper of general circulation in the City, its mailing to
property owners within 500 feet of the exterior boundary of the project and its mailing to the
current tenants residing at 148 F ourth Ave, at least 10 days prior to the hearing; and
14-40
Resolution No. 2006-
WHEREAS, the duly called and noticed public hearing on the Project was held before the
City Council of the City of Chula Vista on July 10, 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 by the City Council that it finds, determines
and resolves as follows:
II. PLANNING COMMISSION RECORD
Resolution PCS-06-08, the minutes, and all evidence introduced before the Planning
Commission at their public hearing on the Project held on May 9, 2007, are 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 I
(existing facilities) categorical exemption pursuant to Section 15301 of the State CEQA
Guidelines.
V. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to GoveffiID.ent Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that the Tentative Subdivision Map, as conditioned in the Resolution for
148 Fourth Ave, is in conformance with the elements of the City's General Plan, based
on the following:
1. Land Use
It is the City's goal to accommodate diversified housing types. The site is designated
Residential- Medium High, and was previously developed with 7 units on the
property, which is consistent with the General Plan. Thus, the Project, as
conditioned, is in 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.
14-41
2
Resolution No. 2006-
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 7
apartment units to 7 condominium units creates additional opportunities for
residential ownership.
4. Open Space
The Project includes patios, balconies, and landscaped areas.
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 imposed on the grant of the tentative map 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. Fire Protection: The Project shall comply with the California Fire Code. Applicant
shall, among other things, install smoke detectors to be hardwired and
interconnected with battery backup capabilities in each bedroom and hallway
leading to each bedroom.
B. Uniform Building Code: The Building Department reviewed the "Physical
Elements Report" prepared by Lorber Engineers, and found that the Project will
satisfy the Building Code requirements if the recommended improvements are
constructed or put in place. These requirements are generally described in the
Physical Elements Report.
C. Storage: Section 15.56.020 requires a certain amount of storage for each unit.
There are seven 2-bedroom units that require a minimum 200 cubic feet of storage
for each unit. The Applicant shall provide a hanging storage shelf in the existing
garage, each containing 66 cu. ft. for a total 462 cu. ft. within the garage area. The
additional storage area is provided either underneath the stairs or in the attic. The
combined total area of storage space for each unit varies, but all units exceed the
minimum requirement. The hanging storage shelf in the garage shall be installed
prior to final inspection or occupancy of the condominiums. No additional work is
required to provide the storage within the attic space and the storage area below
the stairway since it currently exists.
14-42
3
Resolution No. 2006-
D. Housing Code: The Project is required to conform to Uniform Housing Code
requirements in existence at the time of the approval of the Final Subdivision
Map. The applicant completed two housing inspections on June 2, 2005 and July
6, 2005 where all items were repaired or corrected, except for two items being
deferred to the building permit process. The applicant is required to correct any
deficiencies prior to Final Map approval. The two items included reinstalling the
GFCI duplex receptacles in the garage from the house meter to the unit meter and
each unit shall be served by separate electric meters.
E. Off-street parking: In the R3 zone, a minimum of2 parking spaces is required for
each two-bedroom unit. The project provides seven I-car garages and seven open
parking spaces.
F. Design Guidelines: The applicant has submitted a Design Review application that
was approved by the Zoning Administrator on April 20, 2007. The Design
Review permit proposed no significant exterior structural changes, but rather
minor design upgrades, includes repairing or replacing fencing, providing new
landscaped area and a new trash enclosure, etc. For interior improvements, each
unit shall be renovated to provide new carpet, tile, doors, windows, hardware,
storage areas, etc. The existing laundry room facilities shall also be removed and
individual laundry facilities shall be provided in each unit.
G. 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.
H. The Applicant submitted a "Physical Elements Report" (See Attachment E) for
review by the City's Building Official. The report concludes that the existing
apartment complex is in overall fair conditions with minor defects, considering
the age of the existing building. The assessment identifies immediate repairs and
short-term intermediate repairs. After reviewing the recommendations, staff
recommends that the report recommendations be incorporated into the remodel
program. Staff has included the report recommendations as conditions of
approval in Attachment C of the draft City Council Resolution.
1. CC&Rs: The Project is conditioned to provide evidence of declarations of
covenants, conditions and restrictions in conjunction with approval of the Final
Map.
4
14-43
Resolution No. 2006-
VII. COMPLIANCE WITH GOVERNMENT CODE SECTIONS 66451.3 AND 66452.5
Noticing Documentation
Government Code Sections 66451.3 and 66452.5 requires notification of a tenant's right to a
public hearing. The City of Chula Vista provided notices to tenants and surrounding property
owners of all required public hearing for the Project, and the Applicant has satisfied the
following noticing requirements at the time of submittal of the Tentative Map, which includes a
60-day "Notice ofIntent to Convert", "Notice to Prospective Tenants ofIntent to Convert", and a
180-day "Notice of Intent to Convert/ Termination of Tenancy".
BE IT FURTHER RESOLVED that the City Council approves Tentative Subdivision
Map, Chula Vista Tract No.06-08, 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.06-08,
148 Fourth Ave.
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 06-39 approved by the
Zoning Administrator.
IX. SPECIAL CONDITIONS OF APPROVAL
A. The conditions imposed on the Tentative Map approval 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 in this Resolution 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 Project site.
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 May 9, 2007, and DRC 06-39 approved by the Zoning
Administrator.
3. Applicant shall schedule a meeting with the current tenants to present alternative rental
housing opportunities and assistance in relocation prior to Final Map approval.
14-44
5
Resolution No. 2006-
4. Prior to recordation of the Final Map, the Applicant shall submit evidence that the
following City of Chula Vista noticing forms have been delivered to the existing and
prospective tenants, or a schedule detailing required future notifications:
a. 10-day notice to all existing tenants of an application of a Public Report - "Form 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~~.
5. Any and all agreements that the Applicant is required to enter into pursuant to the
Resolution shall be in a form approved by the City Attorney.
DRAINAGE & NPDES
6. All onsite drainage facilities shall be private.
7. 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 best 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;
(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.
6
14-45
Resolution No. 2006-
c. Educate the Public. More specifically, the Homeowners Association, through
Property Management, etc., shall inform residents about the City's non-storm
water and pollutants 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
8. 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.
9. An inspection and maintenance program shall be developed and implemented by the
Applicant to prevent blockage of private sewer lines and overflow of sewage to storm
drain systems. The Applicant shall establish a homeowners association to fund and
oversee a contract for the maintenance of the onsite private sewer system. The frequency
of maintenance of the sewer system shall be contained in the provisions of the Codes,
Covenants & 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
10. The Applicant shall dedicate additional right-of-way along Fourth Avenue to meet the
City's street standards for a "4-Lane Major" street classification. As such, the right-of-
way half width of Fourth Avenue in this area shall be 52'. This dedication shall be shown
on the Final Map.
II. The Applicant shall remove and replace the driveway along Flower Street to comply with
ADA pedestrian access route requirements. The work shall be done under a Chula Vista
construction permit using Chula Vista Construction Standard CVCS-I for driveways.
Driveway replacement shall be guaranteed through a bond prior to recordation of the
Final Map.
12. Damaged curb, gutter and sidewalk along the Project frontage shall be removed and
replaced by the Applicant as required by the City Engineer and to the satisfaction of the
City Inspectors prior to approval of the Final Map.
13. The Applicant and successor Homeowners Association shall maintain corner sight
distance requirements as described in Chula Vista Design Standard CVD-TR07.
14-46
7
Resolution No. 2006-
CC&R'S
14. The applicant shall submit CC&R's 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. The CC&R's shall include the following:
. Indemnification of City for private sewer spillage.
. Listing of maintained private facilities.
. The City's right but not the obligation to enforce CC&R's.
. Provision that no private facilities shall be requested to become public unless all
homeowners and 100% of the holders of the first mortgage have signed a written
petition.
. Maintenance of all walls, fences, lighting structures, paths, recreational amenities
and structures, sewage facilities, drainage structures and landscaping.
. Implement education and enforcement program to prevent the discharge of
pollutants from all on-site sources to the storm water conveyance system.
The CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and
shall be recorded concurrently with the Final Map.
15. The approved Homeowners Association (HOA) shall submit its budget for review and
approval by the City Engineer for the maintenance of the private sewage systems. The
budget shall account for cleaning the sewer once a year, with the contingency for
emergencIes.
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. The 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
17. The Applicant shall enter into an agreement for the following;
a. Agree to defend, indemnify and hold harmless the City and its agents, officers,
and employees, from any claim, action or proceeding against the City, or its
agents, officers or employees to attack, set aside, void or annul any approval by
the City, including approval by its Planning Commission, City Councilor any
approval by its agents, officers, or employees with regard to this subdivision
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.
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Resolution No. 2006-
b. Agree to hold the City harmless from any liability for erosion, siltation or increase
flow of drainage resulting from this Project.
c. Agree to ensure that all franchised cable television companies ("Cable
Company") are permitted equal opportunity to place conduit and provide cable
television service to each lot within the subdivision. Restrict access to the conduit
to only those franchised cable television companies who are, and remain in
compliance with, all of the terms and conditions of the franchise and which are in
further compliance with all other rules, regulations, ordinances and procedures
regulating and affecting the operation of cable television companies as same may
have been, or may from time to time be issued by the City of Chula Vista.
MISCELLANEOUS
18. The final map shall tie the boundary of the subdivision to the California System-Zone VI
(NAD '83).
19. The Applicant shall 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. The Applicant shall submit a conformed copy of a recorded tax certificate covering the
Project site prior to approval of the Final Map.
21. The Applicant shall 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.
B. The following Conditions of Approval shall be satisfied prior to Building Permit approval
unless otherwise noted:
22. The Project Site shall be developed and maintained in accordance with the approved
plans dated March 27, 2007, which include a site plan, floor plan, elevation plan, and
landscape plan on file in the Planning Division, the conditions contained in this
Resolution, and Title 19. The Applicant shall make the repairs or improvements to the
following items in addition to the repairs noted in the Physical Elements Report:
. Perform termite inspection on walls, doors, and trim and replace as necessary.
. Replace fencing
. Upgrade gutter and downspouts
. Repair roof covering
. Replace water heaters
. Replace or install smoke detectors in 14 bedrooms
. Remove acoustic ceiling
. Remove common laundry area
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Resolution No. 2006-
. Replace all toilets with current low flow toilets
. Refurbish all cabinets
. Replace dishwashers, stove and ovens
. Provide storage areas
. Replace kitchen and bathroom counter tops
. Install new carpets and tile
. Paint all units
. Install automatic garage door openers
. Replace all interior and exterior light fixtures
23. The applicant shall obtain approval of a building permit for the storage, trash enclosure,
exterior and interior remodel of each condominium unit, and items listed in the "Physical
Elements Report".
24. The Project building permit submittal plans shall include all immediate recommended
items to be replaced/repaired as stated in the "Physical Elements Report", prepared by
Lorber Engineers, and shall comply with the Uniform Building Code. The following list
of improvements shall be completed prior to occupancy of the units:
. Trim roots back and install root barriers to eliminate potential foundation damage
. Remove or treat termite activity in the attics, exterior architectural features, (e.g.
wood trim, etc.), electrical meter cabinets, and wooden fence.
. Replace all damaged garage door air vents
. Redirect downspout termination
. Repair all decks to prevent leaks to lower floors.
. Provide a new roof and remove stains on the roof sheathing around the skylights,
seal all leaks, and assess the ventilation when you re-roof.
. Replace all plumbing fixtures
. Replace/repair distribution piping that might of caused past leaks in the garages
and bathrooms.
. Install pipe bollards to protect water heaters
. Replace all existing water heaters that are 7 or more years old.
. Replace the stainless steel flexible connectors on the PIT valve drain piping with
hard drawn metal.
. Replace all heating/air-conditioning units if older than 10 years.
. Install GFCI protected receptacles in the garage and kitchen areas.
. Repair the spot damage to the fire resistive assembly walls that separate the
various attic spaces and to the interior drywall at various locations.
. Verify and remove all asbestos that may be in the acoustic spray on the ceiling.
. Replace missing closet light diffusers at various locations and install diffusers for
safety.
. Verify that ceiling fans are installed properly.
. Repair spot damage on several screens/frames.
· For Apartment I, repair water leakage from the tub/shower enclosure, replace
wax ring and remount the toilet, repair heavy discoloration/staining of the
tub/shower fiberglass enclosure and loose water control handles.
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Resolution No. 2006-
. For Apartment 2, repair/replace any plumbing fixture overflow or toilet leak in
the downstairs hall bathroom. Replace the damaged tub/shower water control
handle and mount correctly to the wall.
. For Apartment 3, install a smoke detector at the entry to the sleeping area. Repair
water damage to base board and discoloration of the wall, and mold-like
accumulation on the tub shower, and the damaged/cracked toilet pedestal.
. For Apartment 4, treat the termite damage to the exterior deck door.
. Determine scope of any mold concerns due to high moisture conditions, and
remove mold as required.
. Install electronic overhead door openers for all garage doors.
25. The Project building permit submittal plans shall include all recommended items to be
repaired according to the housing inspections, which included reinstalling the GFCI
duplex receptacles in the garage from the house meter to the unit meter and to have each
unit served by separate electric meters.
26. The Project's exterior and interior upgrades for the site shall be constructed in accordance
with the approved DRC-06-39 Design Review permit.
27. The Applicant shall install hanging storage shelf in the existing garage, each containing
66 cu. ft. for a total 462 cu. ft. within the garage area prior to final inspection or
occupancy of the condominiums. The Applicant shall also install a pull down stair ladder
to access the attic storage and install plywood flooring within the required attic storage
area. No additional work is required to provide the storage area below the stairway.
28. The Project shall 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 8.2 (Solid Waste and Litter) and 8.25 (Recycling),
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. The Project building permit plans shall demonstrate 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 the walls and ceiling do not
meet said standards, then the walls and ceiling shall be modified to conform to the
Uniform Building Code.
30. The Project building permit plans shall comply with all requirements of the City ofChula
Vista Fire Department and the California Fire Code.
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Resolution No. 2006-
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 granted in the resolution, 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 granted in the resolution, 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, 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:
James D. Sandoval
Planning and Building Director
Vy~U~
Ann Moore
City Attorney
J:\Atturney\RESO\PLANNING\PCS-06-08 CC (148 Fourth Avenue) reso.doc
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12
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT . PROJECT DESCRIPTION:
C) APPLICANl; Michael R. Palumbo MISCELLANEOUS
PROJECT 148 Fourth Av Proposing condominium conversion of existing seven-unit
ADDRESS: . apartment building with seven attached one-car garage and
SCALE: FILE NUMBER: seven open parking spaces.
NORTH No Scale PCS-06-08 Related cases: DRC.Q6-39
J:\ptanning\carlos\locators\pcs0608.cdr 11.28.05
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Exhibit A