HomeMy WebLinkAbout2007/08/07 Item 14
CITY COUNCIL
AGENDA STATEMENT
~!0::. CITY OF
'~CHULA VISTA
Item:~
Meeting Date:08/7/07
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ESTABLISHING
CONDITIONS OF A TENTATIVE MAP TO DIVIDE INTEREST
IN 1.628 ACRES AT 1419 TOBIAS DRIVE FOR A ONE-LOT
CONDOMINIUM CONTAINING 24 RESIDENTIAL UNITS.
SUBMITTED BY: DIRECTOR OF PL ING AND BUlLDINGf
REVIEWED BY:
CITY MANAGER
ASSIST
CITY MANAGER S'-'-
4/5THS VOTE: YES
NO_X_
BACKGROUND
The original Applicant, Westone Management Consultants, on behalf of Joan & Richard Steussy,
submitted a Tentative Map application proposing to convert an existing apartment complex into
twenty-four (24) condominium units for individual ownership. The current applicant is Anthony-
Taylor Consultants. 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, approving the proposed Tentative
Subdivision Map to subdivide 1.628 acres into twenty-four (24) condominium units for
individual ownership at 1419 Tobias Drive, based on the fmdings and subject to the conditions
contained therein.
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PCS-06-04
Page No.2
BOARDS/COMMISSION RECOMMENDATION
The Planning Commission considered this proposal on June 13,2007 and voted unanimously, (7-0-
0) to recommend that the City Council approve the proposed Tentative Subdivision to subdivide
1.628 acres into twenty-four (24) condominium units for individual ownership at 1419 Tobias
Drive. The Design Review Committee considered this proposal on March 19,2007 and voted
unanimously to approve the design.
DISCUSSION
Project Site Characteristics:
The 178' x 359' rectangular-shaped property is located on Tobias Drive, south of Quintard
Street in the southern portion of Chula Vista (see Attachment A, Locator Map). The apartment
complex consists of twenty-four units, four of which are 3-bedroom 2-bath and the remainder 2-
bedroom I-bath units. The apartments feature open parking spaces and landscaped areas, and are
to have open balconies or patios. The property is surrounded by duplexes to the north and east,
and apartments to the south and west.
The parcel is level, and access is via a section of the site containing only driveway and parking
spaces. The apartment complex presently consists of one two-story rectangular-shaped wood
structure, and a separate one-story laundry facility/clubhouse. The applicant intends to replace
the laundry facility with restrooms to serve the clubhouse.
Project Description:
The applicant's Design Review permit application proposed only minor exterior design changes,
including new fencing, balconies and patios, each with a storage unit. Landscaped areas, deck,
paving and a new trash enclosure are also planned. For interior improvements, each unit would
be renovated, and windows would be replaced.
A Physical Elements report, referred to as a 'Property Condition Assessment', commissioned by
the applicant, identifies recommended improvements to bring the property and individual units to
acceptable condominium standards (see Attachment D, Property Condition Assessment). Staff
has incorporated the recommendations as conditions of approval. Table 1 below lists the
existing service utilities within the project.
Table 1: Existing Utilities
Air conditioning Not available
Heating Individual gas-fired hot air furnace in each
unit
Water heaters One central gas-fired hot water heater in
clubhouse building:
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PCS-06-04
Page No.3
Gas Individual gas meters
Electric meter Individual electrical meters
Water HOA
Sewer HOA
*Cable Individual wlit
*Telephone Individual wlit
"Not covered in the HOA
The maintenance and monthly payment of 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:
The existing multi-family use of the property conforms with the General Plan designation and
the present site zoning.
General Plan
Zoning
Current Land Use
Site:
North:
South:
East:
West:
Residential Medium
Residential Medium
Residential Medium High
Residential Medium
Residential Medium
R3
R2
R3
R2
R3
Multi-Family Residential
Duplexes
Multi-Family Residential
Duplexes
Multi-Family Residential
Project Data:
DEVELOPMENT REGULATIONS
Required ProposedlExisting
Building Setbacks: Building Setbacks:
Front: 15' Front: 30'
Side: 5' & 5' Side: 62' & 67'
Rear: 15' Rear: 56'
Building Height: 28'/45' (w/PCC approval) Building Height: 28'
Parking: 2 open parking spaces per wlit Parking: 2 open parking spaces per unit
Open Space: 600 sq. ft. per wlit Open Space: 796 sq. ft. per wlit
Storage: 200 cu. ft./ 2 bedroom wlit Storage: 209 cu. ft./2 bedroom wlit
250 cu. ft/3 bedroom wlit 252 cu ft/3 bedroom unit
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PCS-06-04
Page No.4
This project is consistent with the Multi-Family Residential (RJ) Zone, General Plan designation
of Residential High, Design Manual, Landscape Manual, and all other applicable codes and
regulations of the Municipal Code.
Analysis:
A condominium conversion project must satisfy certain City Code requirements including the
Chula Vista Design Manual, Chula Vista Municipal Code (CVMe) including Chapters 19.28 and
15.56, the California Fire Code, and Uniform Building Code standards. The following issues are
included: open space, storage, off-street parking, tenant relocation, design guidelines, noticing
documentation, physical elements report, housing inspection, separate service meters, CC&Rs,
and fire protection. The following paragraphs discuss some of the major requirements, such as:
open space, storage, off-street parking, tenant relocation, design guidelines, noticing
documentation, physical elements report, housing inspection, separate service meters, CC&Rs,
and fire protection in more detail.
Open Space:
CVMC Section 19.28.090 requires that 600 square feet of common usable open space be
provided per unit. This requires at least 14,400 square feet of open space. The existing open
space includes front yard landscaping, reasonably-sized landscaped strips along the sides and
rear of the property, a clubhouse and recreation area and a deck. Each unit will have a 100 sq. ft
private porch or balcony. The combined amount of open space is thus 19,104 square feet,
providing a total of 796 square feet per unit (see Attachment F, Project Plans).
Storage:
Section 15.56.020 specifies storage area for each unit. There are twenty 2-bedroom units requiring
a minimum 200 cubic feet of storage per unit and four 3-bedroom units, each requiring 250 cubic
feet. The applicant has shown a storage closet on each balcony that provides either 178 or 117
cubic feet, along with 31 or 135 cubic feet within the unit. The combined total area of storage
space for each unit varies, but all units exceed the minimum requirement, with all 3-bedroom units
and several 2-bedroom units having 252 cubic feet. All of the storage areas are contiguous with
the unit.
Off-street parking:
In the RJ zone, a minimum of two open parking spaces are required for each unit. The project
provides a total of 46 parking spaces, leaving two extra spaces for guest use. The 24- ft wide
access driveway provides sufficient room for ingress and egress maneuvers.
Tenant Relocation:
The applicant will make his best effort to assist tenants with the opportunity of ownership. For
those not wishing to buy or unable to qualify for financing, the applicant will pay an amount
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PCS-06-04
Page No.5
equal to one month's rent to assist tenants in relocation. The tenants will have the option of not
paying their last month's rent or receiving an equivalent payment. Payments will be made to the
tenant's new property management company within the last 30 days of their tenancy at this
address. Tenants will also have the option of receiving the incentive upon vacating their
individual dwellings.
Design Guidelines:
The applicant submitted a Design Review application which was approved by the Design Review
Committee on March 19, 2007. The Design Review permit proposed no significant exterior
structural changes, but rather minor design upgrades, including replacing fencing, providing new
balconies or patios, landscaped area, paving and a new trash enclosure, etc. For interior
improvements, each unit will be renovated to provide new carpet, tile, doors, windows, hardware,
storage areas, etc. The laundry room facilities will also be removed and individual laundry
facilities are to be provided in each unit (See Attachment C, Design Review Minutes).
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 must receive them. The tenants
have been made aware of the condominium conversion project proposal since March 2004 and any
tenant moving in since then has been given a notice prior to signing his or her lease agreement.
Each tenant will also 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).
Table 3: Noticing Documentation
Notice Requirement How Long & When Compliance
60-day notice to all existing 60 days prior to filing a Design 60-day notices were sent
tenants of intent to convert - Review and Tentative Map certified mail to existing
"Form A"* application with the City tenants on March 3, 2004.
Notice to all prospective tenants Prior to acceptance of any rent Notice has been prepared
of intent to convert - "Form B"* or deposit from the prospective and signed by 15 new
tenant tenants who have moved in
since March 3, 2004
10-day notice to all existing 10 days before or after submittal To be determined! Typically
tenants of an application of a of the Public Report to the following Final Map
Public Report - "Form C" Department of Real Estate approval
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PCS-06-04
Page No.6
lO-day Notice to all existing Within 10 days of approval of To be determined! Typically
tenants of Final Map approval- the Final Map by the City following Final Map
HForm D" approval
Notice to all prospective tenants Prior to acceptance of any rent To be determined prior to
of option to purchase/termination or deposit from the prospective approval of Final Map
oftenancv - "Form E" tenant
90-day Notice to all existing For a period of90 days after To be determined prior to
tenants of option to issuance of the Public Report approval of Final Map
purchase/termination of tenancy from the Department of Real
-"FormF" Estate
180-day notice to all existing 180 days prior to termination of To be determined prior to
tenants of intent to tenancy approval of Final Map
convert/termination of tenancy -
"Form G"
· Attachment E - Noticing Documentation
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 Elements Report:
The applicant submitted a "Physical Elements Report", referred to as a 'Property Condition
Assessment' (See Attachment D) prepared by JCEPIHuang Consulting Engineers, Inc. for review
by the City's Building Official. The report concludes that the existing apartment complex is in
overall good condition with few defects, and composed of durable materials and sturdy
construction. After reviewing the recommendations, staff concludes that the proposed
improvements will satisfy the Building Code requirements if constructed or put in place. Staff has
included the report recommendations as conditions of approval in Attachment C of the draft 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 has completed a housing inspection and is
required by condition of approval to correct the minor noted deficiencies prior to Final Map
approval.
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.
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PCS-06-04
Page No.7
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 lirnited installing smoke
detectors to be hardwired 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 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 & Minutes
C. Design Review Minutes
D. Property Condition Assessment - "Executive Summary"
E. Noticing Documentation
F. Project Plans
G. Disclosure Statement
Prepared by: Ann Pease, Associate Planner, Community Development Department
J:\CommDev \Ann IPCS\IPCS-06-04-CC Staff Report
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~
PROJECT _______
LOCATION
Castle Park
Hiah School
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C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICAm Anthony Taylor Consultants MISCELLANEOUS
PROJECT 1419 Tobias Rd. Project Summary: Proposing condominium conversion of 24
ADDRESS: existing attached apartment units with 48 parking spaces; located
SCALE: FILE NUMBER: at 1419 Tobias Rd.
~ No Scale PCS-06-04 Related cases: DRc.06-18
....
L.\Gabe FllesILocalors\pcs0604.cdr 06.29.07
ATI~HMe.JT "5
RESOLUTION NO. PCS-06-04
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE A TENTATIVE
MAP TO DIVIDE INTEREST IN 1.628 ACRES AT 1419 TOBIAS DRIVEFORA
ONE-LOT CONDOMINIUM CONTAINING 24 RESIDENTIAL UNITS-
ANTHONY-TAYLOR CONSULTANTS.
WHEREAS, on September 15,2005, a duly verified application was filed with the City of
Chula Vista Planning and Building Department by Westone Management Consultants ("Original
Applicant"), requesting approval of a Tentative Subdivision Map to convert 24 apartment units into
individually owned condominiums ("Project"); and,
WHEREAS, in May 2006, Westone Management Consultants ("Original Applicant") was
replaced by Anthony-Taylor Consultants ("Applicant") by the building owner; and,
__ --WHEREAS, the area of land which is the subject matter of this Resolution is
diagrammatically represented on Attachment A and for the general description herein consists of a
1.628 acres located at 1419 Tobias Drive ("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 Class 1 (existing facilities) categorical exemption pursuant to 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 circulation in the city and its mailing to property owners within 500 feet of the
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.,
June 13,2007, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and
said hearing was thereafter closed; and
WHEREAS, the Planning Commission having received certain evidence on June 13,2007, as
set forth in the record of its proceedings herein by reference as is set forth in full, made certain
findings, as set forth in their recommending Resolution PCS-06-04 herein, 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 therein.
14-9
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 13th day of June, 2007, by the following vote, to-wit:
AYES:
Vinson, Moctezuma, Bensoussan, Felber, Tripp, Clayton, Spethman
NOES:
ABSENT:
@)
Bryon F': ',0." .
ATTEST:
;:-~~
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14-10
Planning Commission Minutes
-7-
-4 -,rAe-ii A1 e: AJ T -is
June 13, 2007
4. PUBLIC HEARING:
PCS 06-04; Consideration of a Tentative
Subdivision Map to subdivide 1.628 acres
into twenty-four (24) condominium units for
individual ownership at 1419 Tobias Drive.
(Quasi-Judicial)
8:05:50 PM Background: Ann Pease, project manager reported that the
proposal is to consider a Tentative Subdivision to convert an existing 36 year old
apartment complex into 24 condominium units for individual ownership. When
the DRC first reviewed the projects, it was much dated and in need of
improvements both exterior and interior. When final DRC approval was granted,
it was a much improved, attractive and up to date complex. There is a proposed
new landscape plan providing 796 sf of open space per unit. Additionally, two
parking spaces are provided per unit and storage space above what is required
by Code is provided on the balcony and inside each unit.
Staff Recommendation: That the Planning Commission adopt Resolution PCS
06-04 based on the findings and subject to the conditions contained therein,
recommending that the City Council approve the Condominium Tentative Map.
Public Hearing Opened.
8:13:30 PM
Bruce Taylor applicant on behalf of the owners stated he was available to answer
questions.
Cmr. Felber asked how old is the roof on the units, and what types of incentives
are they offering to existing tenants.
Mr. Taylor stated the roof is three to four years old. They are offering existing
tenants the first right of refusal to purchase those units. As far as financial
incentives, they've not discussed that, however, most likely they would be open
to discussing assisting tenants with their relocation expenses.
8:15:44 PM
Cmr. Bensoussan noted that the renovation of the units is extensive and it would
appear that the tenants who plan to buy their unit would need to vacate the
premises in order for the renovation to take place; she asked how the developer
intended to address this situation.
Mr. Taylor stated that in effect, the premises would need to be vacated for the
renovation project, therefore, they would hope to be able to phase the remodel
and relocate those tenants who wish to purchase into another unit that has been
vacated.
Public Hearing Closed.
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Planning Commission Minutes
-8-
June 13, 2007
Cmr. Bensoussan stated that she is please with the extensive renovation that will
take place to make it an overall very attractive complex, and commended the
applicant for going above and beyond in meeting all of the parking, storage
space, and open space requirements. In her opinion, this is a prototype for
condo conversion projects because it is upgrading the housing stock and
improving the surrounding community, instead of just slapping a coat of new
paint and barely meeting the minimum requirements.
8:19:14 PM MSC (Clayton/Spethman) (7-0) that the Planning Commission
adopt Resolution PCS 06-04 based on the findings and subject to the
conditions contained therein, recommending that the City Council approve
the Condominium Tentative Map. Motion carried.
8:20:22 PM director's report.
. Jim Hare reported that a memorandum regarding The Taste of Italy has
been distributed to the Commission, simply reporting that there have been
no incidences, no causes, no calls, no code enforcement actions.
. Mr. Hare further stated that a survey is yet to be completed of the
surrounding neighborhood who came to testify against the restaurant
because of the myriad of quality of life impacts the restaurant was having
on their community. If after the survey is conducted it is determined that
they are overall satisfied that the concerns have been mitigated and
properly addressed, staff will make a determination at that time whether to
proceed with scheduling a public hearing for them to come before the
Planning Commission once again for review.
. The Joint GMOC/Planning Commission/City Council meeting for June 21,
2007 has been cancelled. In lieu of that meeting, staff is proposing to use
that meeting date on June 21st to hold the Procedures Workshop for the
Planning Commission; confirmation on that workshop will be forthcoming.
Meeting adjourned to a regular Planning Commission meeting on June 27,2007.
Diana Vargas
Secretary to the Planning Commission
14-12
A".~~IMEtJT c
Design Review Committee
Minutes
2
March 19. 2007
1. DRC-06-18
Anthony-Taylor Consultants
The project is located at 1419 Tobias Drive.
Remodel of a 24-unit aoartment comolex on a 1.628-acre
site orior to conversion into a condominium comolex.
Project Manager: Ann Pease, Associate Planner
Staff Presentation:
Ms. Ann Pease, Associate Planner, presented the project details to the committee. She
stated that the project is located at 1419 Tobias Drive and involves the conversion of a
small, older apartment complex on a 1.6 acre parcel into a condominium complex.
Ms. Pease stated that at the DRC meeting of January 22, 2007, the committee members
commented on revising the following design elements:
. Some additional contrasting paving material in the parking lot.
. Adding a shelter over the deck in the rear of the project.
ADDlicant Presentation:
Mr. Bruce Taylor with Anthony Taylor Consultants (304 Enterprise Street, Escondido, CA)
spoke regarding the project and the revisions they made to the elevations, renderings and
the landscape plan.
STAFF RECOMMENDATION:
That the Design Review Committee approve of the project subject to the conditions stated
in the draft Notice of Decision.
Public Comments:
None
COMMnTEE DISCUSSION:
During discussions, the Committee commented on the newly covered balcony areas. They
wanted to know if there was any consideration about having some type of header beam
that goes under the roofing material. The columns seem to be floating as they hit the
roof and they felt there should be some sort of beam that ties in the columns a little.
::"".
MSC (Bringas/Justus) (5-0) Approve DRC-06-18 project as presented with the
condition of providing the header, which can be reviewed at staff level.
14-13
Design Review Committee
Minutes
4
A.rr~..u..h""le:.rJT c.
. March S. 2007
2. DRC-06-18
Anthony-Taylor Consultants
The project is located at 1419 Tobias Drive.
Remodel of a 24-unit apartment complex on a 1.628-acre
site prior to conversion into a condominium complex.
Project Manager: Ann Pease, Associate Planner
Action: (Alberdi/Bringas) (4-0-0-1) To continue the item to a date uncertain.
Motion carried with Member Justus absent.
F. PRELIMINARY REVIEW: None
G. BUSINESS ITEM:
3. Proposed Municipal Code Amendments relating to the
Design Review Committee.
Staff Contact: John Schmitz, Principal Planner
Staff Presentation:
Mr. John Schmitz, Principal Planner, presented the details of the Municipal Code
Amendments to the committee.
Action: None taken. The committee had some concern about item Jl of the
Municipal Code and the phrase, "new non-residential buildings less than 20,000
square feet in size." They would like to see this sentence removed.
H. ADJOURNMENT: The meeting was adjourned at 5:52 p.m. A regular Design Review
Committee meeting will be held on Monday, March 19, 2007 at 4:30 p.m. in Council
Chambers.
Prepared by:
Lori McElroy, Recorder
"--,.
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14-14
ArT~\J\VIe.rJr D
1.0 EXECUTIVE SUMMARY
1.1 General Description
JCEP/Huang completed a property condition assessment (PCA) of a multi-
dwelling complex known as the Rancho Vista Condominiums located at 1419
Tobias Drive in Chula Vista, San Diego County, California 91911-4430 (subject
property) at the request of Joseph Scarlatti of West one Management Consultants.
As a part of the PCA, an on-site walk through observation was made on January
12,2005 with Ray Davis, Resident Manager, Bob McGowan and Leonard
Chretien, Partners of the subject property.
The subject property consists of24 dwelling units housed in a rectangular-shaped
two story garden type apartment building, and a single-level clubhouse building.
Out of the 24 apartments, four are 3 x2 units, others are 2 x Is. The apartments are
numbered I through 24 where I through 12 are ground level apartments, 13
through 24 are on the second floor. Constructed of wood frame, the subject
apartment building has a rentable area of an approximated 20,860 square feet.
Original development of the property was completed in 1972 on an irregularly
shaped parcel ofland of an estimated 70,908 square feet (1.628 acres) in the City
of Chula Vista. A brief description of the subject property is as follows:
Two x one
Three x two
Total
Note: During the on-site walk through observation, JCEPlHuang randomly observed the
following units: Nos. 1,4,5,6,8,9,10,11,12,14,15,19,2122 and 24.
Additionally, the subject dwelling complex also provides 48 asphalt paved surface
parking spaces, a laundry room with 3 washers and 3 dryers, a clubhouse
building, and associated hardscape and landscape.
The clubhouse building is currently used to accommodate the laundry room, a
storage room, a domestic hot water heater utility room, and the clubhouse which
is not in use. We understand, this clubhouse building will be renovated to offer a
refurbished and up-graded clubhouse with men's and women's bathrooms. And
the currently gravel covered grounds in front of the clubhouse building will be
converted into a tot lot and a BBQ area with BBQ grills and picnic table sets to
meet current City standards.
Due to the mild climate in Chula Vista, and like many apartments in the project
area, Rancho Vista Apartments is not air conditioned for cooling. Heating for the
apartments is provided by individual gas-fired forced hot air furnace in the utility
4
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closet of each apartment. Domestic hot water for the apartments is provided by
one central gas-fired hot water heater contained in the utility closet in the
clubhouse building. Each dwelling unit is furnished with a gas range/oven,
stainless steel sink, counter tops, wall cabinets, ceiling fan and refrigerator. As a
part of the condominium conversion program, stacked washer and dryer will be
installed in each unit. And the existing laundry room will be converted into men's
and women's restrooms for the new clubhouse.
The electric distribution panels and individual electric meters are housed in the
utility closet attached to the apartment building. Individual gas meters are hung on
the exterior wall of the apartment building. Smoke detectors are available for the
dwelling units, and the apartment building is fitted with fire extinguishers.
Additionally, fire hydrants are located along the city street sidewalks by the
property and on-site as required by the current fire code.
1.2 General Physical Condition
The subject property appears adequately maintained and in overall good condition
with few defects noted. Components of the building are composed of durable
materials and sturdy construction. It is JCEP/Huang's opinion that the subject
property is comparable to or better than other similar properties of similar age in
this area and, subject to a continued program of sustained preventative
maintenance, the remaining economic life of the subject apartments should
exceed 35 years.
1.3 Recommended Immediate Repairs (within 12 months)
Deferred maintenance and physical deficiencies for which actions are recom-
mended represent potentially unsafe conditions, material code violations, and
items that require corrective works on a higher priority than routine work.
Based upon observations conducted during the property visit, the following
objectionable property conditions that require immediate corrective works were
identified:
. Cracks were observed on the asphalt pavement by the west side entrance way
to the apartment building (See photo 24). These cracks appeared large enough
to be considered as potential tripping hazards.
JCEP/Huang recommends that this condition be corrected immediately.
ESTIMATED COST:
$1,300.00
. The first concrete tread on the west side stairs was noted to be broken (See
photo 23). This condition can also be considered as a potential tripping
hazard.
5
14-16
It is recommended that this tread be replaced immediately.
ESTIMATED COST:
$ 300.00
1.4 Recommended Short Term and Intermediate Term Repairs (between 1 to 5
years)
We understand that the owner of the property has planned a Renovation Program
to convert the dwelling units into condominiums. The Program will be carried-out
within the next two to three years, and it includes:
1. Repair/replacement of flooring and painting of interiors of all dwelling units.
2. Replacement of kitchen appliances with reputable name brands, and
repair/replacement of counter tops, cabinets and sinks.
3. Repair/replacement of windows and doors.
4. Repair/replacement of bathroom fixtures.
5. Repair/replacement of any water and pests damaged building elements and
materials, including the stairs, second floor landings and breezeways, fencing,
gates and light poles.
6. Repair/replacement of the heating units.
7. Repair/replacement of the hot water heater.
8. Install new stacked washer and dryer in each apartment.
9. Install dishwasher in each unit.
10. Up-grade the site illumination system, including repairs/replacements oflight
poles.
II. Install a centrally located brand new trash enclosure that meets the current
City standards.
JCEP/Huang also recommends the following repairs/replacements and up-grades
be incorporated with the Renovation Program.
. Isolated cracking and alligatoring were noted on the asphalt paved driveway
and parking lots. Localized repairs are recommended. Following the repairs,
seal-coating and restrlping of the pavement should be performed.
6
14-17
. Reroof the clubhouse building.
. Re-landscape the backyard (north side of the property) including the hill and
adjust irrigation system accordingly.
. Fill bare areas with materials that are comparable to the existing plants and
adjust the irrigation system accordingly. Also reset sprinkler heads for proper
spraying ofthe irrigation water to avoid staining the exterior walls.
. Paint exterior walls of the building, property fences, stairs, railings for the
second floor landingslbreezeways.
. Install an electronically controlled security gate system at the entry way to the
property facing Tobias Road
7
14-18
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1 _ O.
CONDOMINIUM CONVERSIONS-FORM B
NonCE TO PROSPECTIVE TENANT
OF INTENT TO CONVERT
(PRIOR TO EXECUTION OF RENTAL AGREEMENT)
To the prospective occupant(s) of:
1419_Tobias Dr
Chula Vista. CA 91911
(address)
1
(apartment #)
The owner(s) of this building, at 1419 Tobias Dr. Chula Vista. CA 91911 (address), has filed or
plans to file a Design Review and Tentative/Parcel Map application with the City of Chula Vista to
convert 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, Planning Commission, and City Council) for the project approval. If you
moved in after the process had began, the owner's representative shall inform you of the current
status of the project imd how. many notices you will be given prior to vacating the unit.
(signature of owner or owner's agent)
December 20"'. 2004
(date)
I have received this notice on
(date)
(prospective tenant's signature)
14-20
60 Day Tenant Notification that the Owner Intends to File an
Application with the City of Chula Vista to Convert the Existing
Apartments to Condominiums
Vicente or Maria Diaz
Chula Vista, CA 91911
The-Owner(s) of the buildings located at, 1419 Tobias Dr, Chula Vista, CA 91911,
intenas to file an application with the City of Chula Vista to convert the building
to a condominium.
You shall be given notice of each public hearing for which notice is required .
pursuant to sections 66451.3 and 66452.5 of the Government Code, and you
have the right to appear and the right to be heard at any such hearing.
12-20-04
Date
Westone Management Consultants, LLC
Authorized Agent for the Owners of the Property
1 4- 21
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CONDOMINIUMS
1419 Tobias Drive
Chula Vista, CA 91911
,
,
I
New Storage Rooms,
Patio/Deck.
New 3'K3' Columns with
Decorative Wrought Iron
Railingsandaxteriorlighling
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ItfTAc-tt JU e)J T 6-
P I ann
Building
Planning Division I
&
Department
Development Processing-
n g
em OF
CHUlA VISTA
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information
must be disclosed:
1.
List the names of all persons having a financial interest in the property that is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
iJjA-
2.
ifany person. identified pursuant to (1) above is a corporation or partrership, list the names of all Individuals with
a $2000 investment in the business (corporationlpartrershlp) entity.
ldM&1o ~ )I'sfv-, U:>(lJo(V\'Ci'11 ~ I LLc..
3.
If any person. identified pursuant to (1) above is a non-profit organization or trus~ list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or,trustor of the trust.
~4
4.
Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter.
IftJp~YliL rVlCU1i/i~. Cons..u~1-s
5.
Has any person. associated with this contract had any financial dealings ><n official.. of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes_ No
If Yes, briefly describe the nature of the financial interest the official" may have in this contract.
6.
Have you made a contributlen {r more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No pes _ If yes, which Council member?
276 Fourth Avenue
Chula Vista I
14-23
a
91910
(619) 691.5101
P I ann
n g
&
Building
Planning Division I
Department
Development Processing-
ClJY Of
CHUlA VISTA
APPLICATION APPENDIX B
Di5~lo5urfil Statement - ~age 2
7. Have you provided more than $340 (or an item of equivalent value) to an official- of the City of Chula Vista in the
past twelve 1:.2) onths? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
~-~ . .
If Yes, which Icial- and what was the nature of item provided?
Date: -j lUlL
---
15 i [)f)D:J
I
Signa re of Contractor/Applicant .
~~~ont~~c:!b
Print or
.
Person is defined as: any individual, firm, co-partnership, .joint venture, association, social club, fraternai
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
politicai subdivision, -or any other group or combination acting as a unit.
..
Official includes, but Is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commission, or committee of the City, employee, or staff members.
2i6 Fourth Avenue
Chula Vista
C, '"
14-24
91910
(619) 691.5101
RESOLUTION NO. 2007-
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ESTABLISHING
CONDITIONS OF A TENTATIVE MAP TO DIVIDE
INTEREST IN 1.628 ACRES AT 1419 TOBIAS DRIVE FOR A
ONE-LOT CONDOMINIUM CONTAINING 24 RESIDENTIAL
UNITS.
I. RECITALS
A. Project; Application for Discretionary Approval
WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on
September 15, 2005, with the City of Chula Vista Planning and Building Department by
Westone Management Consultants ("Original Applicant") requesting approval of a Tentative
Subdivision Map to convert 24 apartment units into individually owned condominiums
("Project"); and
WHEREAS, in May 2006 Westone Management Consultants was replaced by Anthony-
Taylor Consultants ("Applicant") by the building owner; and
B. Project Site
WHEREAS, the area of land which is the subject matter of this Resolution is
diagrammatically represented in Exhibit A, copies of which are on file in the Office of the
City Clerk, incorporated herein by reference, and commonly known as Chula Vista Tract No.
, Tentative Subdivision Map, and for the purpose of general description herein
consists of 1.628 acres located at 1419 Tobias Drive ("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) Design Review Committee approval on March 19, 2007,
2) Planning Commission recommendation of approval of PCS-06-04, Tentative Subdivision
Map for a 24-unit condominium conversion on June 13,2007; and
D. Planning Commission Record of Applications
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
June 13, 2007, and after hearing staff's presentation and public testimony voted to
recommend that the City Council approve the Project, in accordance with the fmdings 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 1419 Tobias Drive, at least 10 days prior to the hearing; and
14-25
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 , in the Council Chambers, 276
Fourth Avenue, at 6:00 p.m. to receive the recommendations of the Planning Commission,
and to hear public testimony with regard to the same.
NOW THEREFORE BE IT RESOLVED that the City Council does hereby fmd, determine
and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing on the Project held on June 13,2007, and the minutes and Resolution resulting there
from, are hereby incorporated into the record of this proceeding.
ill. 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 pursuantto 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 its 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 herein for 1419 Tobias
Drive, is in conformance with the elements of the City's General Plan, based on the
following:
1. Land Use
It is the City's goal to accommodate diversified housing types. The site is designated
Residential- High, and was previously developed with 24 units on the property, which
is consistent with the General Plan. Thus, the Project, as conditioned, is in substantial
compliance with the adopted General Plan.
2. Circulation
All on-site and off-site public streets required to serve the subdivision currently exist.
No street improvements are required.
14-26
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 of24
apartment units to 24 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 proj ect.
C. The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extend to the impact created
by the proposed development.
VI. FINDINGS OF COMPLIANCE WITH CONDOMINUM CONVERSION
REQUIREMENTS PURSUANT TO CHAPTER 15.56 AND APARTMENT
RESIDENTIAL ZONE REQUIREMENTS PURSUANT TO CHAPTER 19.28 OF THE
CHULA VISTA MUlCIPAL CODE
Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership, the
City Council fmds that the project meets the following:
A. Fire Protection: The proj ect shall comply with the California Fire Code including
but not limited to installing smoke detectors to be hardwired and interconnected
with battery backup capabilities in each bedroom and hallway leading to a
bedroom.
B. Uniform Building Code: The Building Department reviewed the "Property
Condition Assessment" prepared by JCEPIHuang Consulting Engineers, Inc. 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 Property Condition Assessment.
C. Storage: Chula Vista Municipal Code Section 15.56.020 requires storage area for
each unit. There are twenty 2-bedroom units requiring a minimum 200 cubic feet
of storage for each unit and four 3-bedroom units, each requiring 250 cubit feet.
The applicant will provide a storage closet on each balcony that provides either
178 or 117 cubic feet, along with either 31 or 135 cubic feet within each unit.
The combined total area of storage space for each unit varies, but all units exceed
the minimum requirement, with all 3-bedroom units and several 2-bedroom units
having 252 cubic feet. All of the storage areas are contiguous with the unit.
D. Housing Code: The Project is required to conform to Uniform Housing Code
requirements in existence at the time of the approval of the Subdivision Map. The
project has completed a housing inspection and is required by condition of
approval to correct any deficiencies prior to Final Map approval.
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E. Off-street parking: In the R3 zone, a minimum of 2 open parking spaces are
required for each unit. The project provides a total of 46 parking spaces, leaving
two extra spaces for guest use.
F. Design Guidelines: The applicant submitted a Design Review application which
was approved on March 19, 2007 (DRC-06-18). The Design Review permit
proposed no significant exterior structural changes, but rather minor design
upgrades, including replacing fencing, providing new balconies or patios,
landscaped areas, paving and a new trash enclosure, etc. For interior
improvements, each unit will be renovated to provide new carpet, tile, doors,
windows, hardware, storage areas, etc. The existing laundry room facilities will
also be removed and individual laundry facilities are to 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 "Property Condition Assessment" (See Attachment E)
for review by the City's Building Official. The report concludes that the existing
apartment complex is in overall good condition with few defects, and composed
of durable materials and sturdy construction. After reviewing the
recommendations, staff concludes that the proposed improvements will satisfy the
Building Code requirements if constructed or put in place. 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.
BE IT FURTHER RESOLVED that the City Council does hereby approve the Project
subject to the general and special conditions set forth below.
VII. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(I), NOTICE IS HEREBY GIVEN that the 90
day period to protest the imposition of any impact fee, dedication, reservation, or other exaction
described in this resolution begins on the effective date of this resolution and any such protest
must be in a manner that complies with Section 66020(a) and failure to follow timely this
procedure will bar any subsequent legal action to attack, set aside, void or annual imposition.
The right to protest the fees, dedications, reservations, or other exactions does not apply to
planning, zoning, grading, or other similar application processing fees or service fees in
connection with the project; and it does not apply to any fees, dedication, reservations, or other
exactions which have been given notice similar to this, nor does it revive challenges to any fees
for which the Statute of Limitations has previously expired.
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VITI. COMPLIANCE WITH GOVERNMENT CODE SECTIONS 66451.3 AND 66452.5
Noticing Documentation
Government Code Sections 66451.3 and 66452.5 require notification of a tenant's right to a
public hearing. The City of Chula Vista provided notices to tenants and surrounding property
owners of all required public hearings for the Project, and the Applicant has satisfied the
following noticing requirements at the time of submittal of the Tentative Map, which includes a
60-day "Notice of Intent to Convert" and a "Notice to Prospective Tenants of Intent to Convert".
BE IT FURTHER RESOLVED that the City Council does hereby approve Tentative
Subdivision Map, Chula Vista Tract No. , subject to the general and special conditions
set forth below.
IX. GENERAL CONDITIONS OF APPROVAL
A. Project Site is Improved with Project
The Applicant, Owner 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.
1419 Tobias Drive.
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 06-18 approval by the
Design Review Committee.
X. SPECIAL CONDITIONS OF APPROVAL
A. The conditions herein imposed on the tentative map approval or other entitlement herein
contained is approximately proportional both to nature and extent of impact created by the
proposed development. Unless otherwise specified, all conditions and code requirements
listed below shall be fully completed by the applicant or successor-in-interest to the City's
satisfaction prior to approval of the Final Map, unless otherwise specified:
GENERAL / PLANNING AND BUILDING
I. All of the terms, covenants and conditions contained herein shall be binding upon and
inure to the benefit of the heirs, successors, assigns and representatives of the Applicant
as to any or all of the property.
2. Applicant and his/her successors in interest shall, comply, remain in compliance and
implement, the terms, conditions and provisions, as are applicable to the property which
is the subject matter of this Tentative Subdivision Map and as recommended for approval
by the Planning Commission on June 13,2007, and DRC 06-18 approval by the Design
Review Committee. The Applicant shall enter into an agreement (Subdivision
Improvement Agreement and Supplemental Subdivision Improvement Agreement) with
the City, providing the City with such security (including recordation of covenants
running with the land) and implementation procedures as the City may require
compliance with the above regulatory documents. Said Agreement shall also ensure that,
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after approval of the final map, the Applicant and his/her successors in interest will
continue to comply, remain in compliance, and implement such Plans.
3. Applicant shall schedule a meeting with the current tenants to present alternative rental
housing opportunities and assistance in relocation 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. IO-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 hereunder shall be in a
form approved by the City Attorney.
DRAINAGE & NPDES
I. All onsite drainage facilities shall be private.
2. The developer 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:
I. Employ rain shutoff devices to prevent irrigation after precipitation.
ii. 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
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Resolution No. 2006-
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
1. 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.
2. An inspection and maintenance program shall be developed and implemented by the
Owner to prevent blockage of private sewer lines and overflow of sewage to storm drain
systems. Developer/Owner 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
1. The Owner shall remove and replace driveway on Tobias Drive for compliance with
ADA pedestrian access route requirements. Said work shall be done under a Chula Vista
construction permit using Chula Vista Construction Standard CVCS-l for driveways.
Driveway replacement shall be guaranteed prior to recordation of the Final Map.
2. Damaged curb, gutter and sidewalk along the Project frontage shall be removed and
replaced as required by the City Engineer and to the satisfaction of the City Inspectors
prior to approval of the Final Map.
CC&R'S
1. The Owner 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.
Said 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.
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. Provision that no private facilities shall be requested to become public unless all
homeowners and 100% of the first mortgage obligors 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.
Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and
shall be recorded concurrently with the final map.
2. The Owner shall submit homeowners association (HOA) budget for review and approval
by the City Engineer for the maintenance of the private sewage systems. Said budget
shall account for cleaning the sewer once a year with a contingency for emergencies.
EASEMENTS
1. All existing easements and irrevocable offers of dedication shall be shown on the fmal
map. A title report dated within 60 days of submittal of the final map shall be submitted
together with backing documents for all existing public utility easements and offers of
dedication. Developer shall submit evidence of noticing to all existing public utility
easement holders within the project boundaries as required by the Section 66436 of the
Subdivision Map Act.
AGREEMENTS
1. The Owner shall enter into an agreement for the following;
. 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 Council or any
approval by its agents, officers, or employees wit regard to this subdivision
pursuant to Section 66499.37 of the State Map Act provided the City promptly
notifies the subdivider of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense.
. Agree to hold the City harmless from any liability for erosion, siltation or increase
flow of drainage resulting from this project.
. 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
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Resolution No. 2006-
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
I. The Final Map shall tie the boundary of the subdivision to the California System-Zone VI
(NAD '83).
2. Copies of the Final Map in a digital format such as (DXF) graphic file shall be submitted
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.
3. The Owner shall submit a conformed copy of a recorded tax certificate covering the
property prior to approval of the Final Map.
4. The Owner 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 fmal map.
B. The following Conditions of Approval shall be satisfied by the Developer prior to Building
Permit approval unless otherwise noted:
I. Obtain approval of a building permit for the balconies and patios, trash enclosure,
wooden deck, exterior and interior remodel of each condominium unit, and items listed in
the "Property Condition Assessment".
2. The project plans shall include all immediate recommended items to be replaced/repaired
as stated in the "Property Condition Assessment", prepared by JCEPIHuang Consulting
Engineers, Inc., and shall comply with the Uniform Building Code. The following is a list
of the improvements to be completed prior to condominium occupancy of the units:
. The entire site shall be refenced with 6-foot tall 'Windowpane' style wood-
textured vinyl fencing or other fencing acceptable to the Planning Division of the
City.
. In accordance with the Tentative Subdivision Map, a 5' -0" tall retaining wall shall
be constructed on the east side of the parking lot per City standards.
. Install new trash enclosure to meet current City standards.
. Install new recreation area between the Club House and parking lot, in accordance
with plans submitted to the City.
. Construct new wood deck on the north side of the site in accordance with
Landscape Plans approved by the City.
. Repair/replace the asphalt paved driveway and parking lots and install sections of
accent paving as shown on the Landscape Plans.
. Following repair and/or replacement of the asphalt paving the pavement shall be
seal-coated and restriped.
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. Submit complete Landscape and Irrigation Plans for City approval.
. Complete paving and planting design shall be installed as indicated on the
approved Landscape Plans.
. The roof of the clubhouse building shall be replaced.
. The laundry in the clubhouse building shall be removed and men's and women's
restrooms shall be located in its place.
. Repair or replace the central hot water heater installed in the clubhouse building.
. Paint and restucco all building exteriors as required to meet the standards
indicated in the plans approved by the Design Review Committee.
. Construct decks and storage closets for all upper units and patios with storage
closets for lower units. These shall be in accordance with plans approved as part
of the Design Review evaluation.
. Replace all kitchen appliances with reputable name brands and replace counter
tops, cabinets and sinks.
. Replace all bathroom fixtures.
. Either the vertical window panels or the adjacent plain stucco wall panels shall be
finished in contrasting stucco and built out from the adjacent walls.
. Replace all windows with double-glazed units and all exterior doors shall be
solid-core.
. Repair/replace any water- or pest-damaged building elements and materials,
including the stairs, second floor landings, breezeways, fencing, gates and light
poles.
. Replace the first concrete tread on the west side stairs.
. Specify a graffiti resistant treatment for all building surfaces.
. Install new dishwasher and stacked washer and dryer in each apartment.
. All electrical wiring throughout each unit shall be replaced to meet code, and
GFCI protected receptacles shall be installed in the kitchen areas.
. When wall and floor/ceiling assemblies are opened to enable replacement of
appliances and cabinets, fiberglas insulation should be found to have been
installed to attain code-required soundproofmg (STC) and energy insulation
ratings of at least 50. Should STC and energy insulation ratings be deficient,
additional fiberglas insulation shall be provided within wall and floor/ceiling
assemblies to meet City of Chula Vista and UBC requirements.
3. The Project's exterior and interior upgrades for the site shall be constructed in accordance
with the approved DRC-06-l8 design review permit.
4. The Developer 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 8.24 and 8.25, and meet the State mandate to reduce
or divert at least 50 percent of the waste generated by all residential, commercial and
industrial developments. The applicant shall contract with the City's franchise hauler
throughout the construction and occupancy phase of the project. The plan shall
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Resolution No. 2006-
incorporate any trash enclosure redesign required for compliance with the City's NPDES
permit.
5. The Developer shall show that walls and ceilings meeting the current Uniform Building
Code standards regarding fire and sound attenuation have been installed between
airspaces of the condominium units to the satisfaction of the City Building Official and
Director of Planning and Building. If said walls and ceilings do not meet said standards,
then the walls and ceiling shall be modified to conform to the Uniform Building Code.
6. The Developer shall comply with all requirements of the City of Chula Vista Fire
Department and the California Fire Code.
XI. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny, or further condition issuance of all future building permits,
deny, revoke, or further condition all certificates of occupancy issued under the authority of
approvals herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation. The Applicant shall be notified ten (10)
days in advance prior to any of the above actions being taken by the City and shall be given
the opportunity to remedy any deficiencies identified by the City within a reasonable and
diligent time frame.
XII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in
the event that anyone or more terms, provision, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed
to be automatically revoked and of no further force and effect ab initio.
Presented by:
Approved as to form;}'y: ,/
----" ---_..
James D. Sandoval
Planning and Building Director
H:IPlanninglcase filesI07PCSIPCS-06-04 CC Reso.doc
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