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HomeMy WebLinkAboutReso 2007-175 RESOLUTION NO. 2007-175 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 AVENUE FOR A ONE-LOT CONDOMINIUM CONTAINING 7 RESIDENTIAL UNITS - MICHAEL PALUMBO I. 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: I) 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 staff s 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 Fourth Ave, at least 10 days prior to the hearing; and Resolution No. 2007-175 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 July 10,2007, in the Council Chambers, 276 Fourth Avenue, at 6:00 p.m. to receive the recommendations of the Plarming Commission, and to hear public testimony with regard to the same. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista that it finds, determines and resolves as follows: II. PLANNING COMMISSION RECORD Resolution PCS-06-08, the minutes, and all evidence introduced before the Plarming 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 Government 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. Resolution No. 2007-175 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 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 MUICIPAL 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. Resolution No. 2007-175 Page 4 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 of 2 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. I. CC&Rs: The Project is conditioned to provide evidence of declarations of covenants, conditions and restrictions in conjunction with approval of the Final Map. VII. COMPLIANCE WITH GOVERNMENT CODE SECTIONS 66451.3 AND 66452.5 Noticing Documentation Government Code Sections 66451.3 and 66452.5 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 I 80-day "Notice ofIntent to Convert! Termination of Tenancy". I J Resolution No. 2007-175 Page 5 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 hislher 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 hislher successors in interest shall, comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Subdivision Map and as recommended for approval by the Planning Commission on 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. 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. Resolution No. 2007-175 Page 6 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: (1) planting pest-resistant or well-adapted plant varieties such as native plants; (2) discouraging pests in the landscaping design; (3) distributing IPM educational materials to homeowners/residents. Minimally, educational materials must address the following topics: keeping pests out of buildings and landscaping using barriers, screens, and caulking; physical pest elimination techniques, such as, weeding, squashing, trapping, washing, or pruning out pests; relying on natural enemies to eat pests; and, proper use of pesticides as a last line of defense. 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. _______ __.________~_.___ ______. ________.----..J Resolution No. 2007-175 Page 7 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 comer sight distance requirements as described in Chula Vista Design Standard CVD- TR07. 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. Resolution No. 2007-175 Page 8 IS. 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 armul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. b. 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 ofthe Final Map. -" Resolution No. 2007-175 Page 9 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 . 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 Resolution No. 2007-175 Page lO . 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 1, 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. · 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. Resolution No. 2007-175 Page II 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 of Chula Vista Fire Department and the California Fire Code. 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 es D. Sandova anning and Building Director -&..'(~~ Ann Moore City Attorney Resolution No. 2007-175 Page 12 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 10th day of July 2007 by the following vote: AYES: Councilmembers: Castaneda, McCarm, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Chay! JkJ4- ATTEST: --<~-:3il'~~ Susan Bigelow, MMC, City rk 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. 2007-175 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 10th day of July 2007. Executed this lOth day of July 2007. -r ;jlJ~I~~~ Susan Bigelow, MMC, City C rk Resolution No. 2007-175 Page 13 C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT. P I b PROJECT OESCRll'T10N: C) ....PLlCAm Michael R. a urn 0 MISCELLANEOUS PROJECT 148 Fourth Av. Proposing condominium conversion of existing seven-unit ADDRESS: apartment building with seven attached one-car garage and SCALE: ALE NUMBER: seven open parking spaces. NORTH No Scale PC5-06-08 Related cases: DRC.()6-39 ATTACHMENT A