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HomeMy WebLinkAboutReso 2007-176 Recording requested by: City ofChula Vista After recording return to: City Clerk's Office City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: D. Vargas 7J j-:I r' 1::::( , j ,'~- DOC# .1.. '! "I" IIH: II,:;: . ~ ;' " j j '; i " ~", !, :: "~' ~j 2007-0520722 I!, 1l:1! I'!ll HI': I!'I' :lllll'III'I! :l!i. II ",. ., .. ," L. . "I n H :;,~ J;: F; i:t. L, '~L AUG 03, 2007 1 :36 PM DFFICI/>.L F:ECORu', '3::.N DIEGO CCiUr,JTY RECORDEF:"::; OFFICE c.F:EI3DFf'; ,.I. SMITH, COUNT'\' RECDRDER FEE', 0.00 PAGE"; 13 \ i!!l' '1'!'!~ll!!!!!li!!IIII!il!!li:!!!II!!ii!!!!illIil!l!II'II!11!F!!!!!'I!! This space for Recorder's use only - ,,- Resolution No. 2007-176 Document Title - -_.~--- - -------'..----- ~.._----- -_._~_._--~_. ...--- RESOLUTION NO. 2007-176 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE MAP KNOWN AS NAPA PLACE, CHULA VISTA TRACT 06-13 TO SUBDIVIDE 1.7 ACRES AT 445 FIRST AVENUE INTO NINE (9) SINGLE-F AMIL Y RESIDENTIAL LOTS AND ONE (1) COMMON LOT CONTAINING THE PRIVATE ACCESS ROAD AND GUEST PARKING - NAP A PLACE, LP. 1. RECITALS A. Project; Application for Discretionary Approval WHEREAS, on March 27, 2006, a duly verified application was filed with the City of Chula Vista Planning and Building Department by Napa Place, LP ("Applicant"), requesting approval of a Tentative Subdivision Map known as Napa Place, Chula Vista Tract 06-13 to subdivide 1.7 acres at 445 First Avenue into nine (9) Single Family Residential lots and one (I) common lot containing the private access road and guest parking (Project); and B. Project Site WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented in Exhibit "A", copies of which are on file in the Office of the City Clerk, incorporated herein by reference, and for the purpose of general description herein consists of 1.7 acres located at 445 First Avenue (Project Site); and C. Environmental Determination WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-06-020, in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-06-020 and associated Mitigation Monitoring and Reporting Program; and WHEREAS, on May 7, 2007, the Resource Conservation Commission determined that Initial Study IS-060-20 for the Previous Project was adequate, and recommended adoption of the Mitigated Negative Declaration, IS-06-020; 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 staffs presentation and public testimony voted 7-0-0 to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and Resolution No. 2007-176 Page 2 E. Council Record of Applications WHEREAS, the City Clerk set the time and place for the public 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, its mailing to property owners within 500 feet of the exterior boundary of the project and its mailing to the current tenants residing at 445 First A venue at least 10 days prior to the hearing; and 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 in the City Hall, Chula Vista Civic Center, 276 Fourth Avenue, at 6:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. NOW THEREFORE BE IT RESOLVED that the City Council of the City ofChula Vista does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on June 13,2007, and the minutes and Resolution resulting there from, are hereby incorporated into the record ofthis proceeding. III. CERTIFICATION OF COMPLIANCE WITH CEQA AND INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council, as lead agency, certifies that the Mitigated Negative Declaration (MND) and associated Mitigation Monitoring and Reporting Program (MMRP) (IS-06-020) were prepared in compliance with the California Environmental Quality Act (CEQA), the state CEQA Guidelines, and the Environmental Review Procedures of the City of Chula Vista, that the City Council has reviewed and considered the MND and MMRP, and that the MND and the MMRP represent the independent judgment and analysis of the City Council; therefore, the City Council hereby adopts the MND and MMRP. 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 445 First Avenue, is in conformance with the elements of the City's General Plan, based on the following: I. Land Use The project will be developed at a density of 5 dwelling units per acre, which is within the allowable residential density range of 3-6 dwelling units per acre. The project proposes a detached single family planned development which will be consistent with the character intended for a Residential Low-Medium area, and will be more compatible with the development of the surrounding area, which is primarily single family residential. The proposed project provides housing opportunities in the northwest portion of the City. .. ~ Resolution No. 2007-176 Page 3 2. Circulation The subdivision design consists of nine lots served by a "T" shaped private road with direct access to First A venue via a gated entrance. The private road is 26 ft wide with sidewalk on one side (north side), rolled curbs and no parking on either side. There are eight (8) guests parking stalls strategically located to serve all lots. No access is proposed on Corte Helena Avenue. The private road, gate, and guest parking spaces within the Project will be designed in accordance with the City design standards and/or requirements and provide for vehicular and pedestrian connections. 3. Public Facilities The Project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. There are no public service, facility, or phasing needs created by the Project that warrants the preparation of a Public Facilities Financing Plan. 4. Housing The Project is consistent with the density prescribed within the Residential - Low Medium General Plan designation, and the Project provides additional opportunities for single-family residential home ownership. 5. Growth Management The Project is in compliance with applicable Growth Management Element requirements because there are no public service, facility, or phasing needs that warrant the preparation of a Public Facilities Financing Plan. 6. Open Space and Conservation The project proposes individual single-family homes that meet the minimum open space requirement per the Chula Vista Municipal Code. The Environmental Review Coordinator has prepared a Mitigated Negative Declaration, 1S-02-045, which addressed the goals and policies of the California Environmental Quality Act, and found the development of the site to be consistent with the goals and policies of the Conservation Element. 7. Parks and Recreation The Project has been conditioned to pay park acquisition and development fees prior to recordation of the Final Map. 8. Safetv The City Engineer, Fire and Police Departments have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal, as conditioned, meets those standards. Resolution No. 2007-176 Page 4 9. Noise The Project has been reviewed for compliance with the Noise Element and will comply with applicable noise measures at the time of issuance ofthe building permit. 10. Scenic Highwav This Project Site IS not located adjacent to or visible from a designated scemc highway. 11. Seismic Safetv A geotechnical investigation evaluation has been prepared for the project, which determined that there are no known active faults existing on the project site or in the immediate area. The closest known active fault is the Rose Canyon Fault located approximately 6.8 miles south of the project site. Therefore, project compliance with applicable Uniform Building Code standards would adequately address any building safety/seismic concerns. 12. Safetv The City Engineer, Fire, and Police Departments have reviewed the proposed subdivision of existing apartments to condominiums for conformance with City safety policies and have determined that the proposal meets the City Standards for seismic safety and emergency services. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the City Council finds that the configuration, orientation, and topography of the site allows for the optimum siting of lots for natural and passive heating and cooling opportunities and that the development of the site will be subject to site plan and architectural review to insure the maximum utilization of natural and passive heating and cooling opportunities. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. The site is physically suited for residential development because the proposed site can accommodate the density of residential development called for by the General Plan. E. The conditions herein imposed on the grant of permit or other entitlement herein contained are approximately proportional both in nature and extend to the impact created by the proposed development. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve the Project subject to the general and special conditions set forth below. Resolution No. 2007-176 Page 5 V. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(l), 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. VI. GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project The Applicant, or his/her successors in interest and assigns, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, known as Napa Place, Chula Vista Tract 06-13. VII. SPECIAL CONDITIONS OF APPROVAL A. The conditions herein imposed on the tentative map approval 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 1. 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 ofthe property. 2. Applicant and/or 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 the Tentative Subdivision Map, as recommended for approval by the Planning Commission on June 13,2007. Prior to approval of the Final Map for the project, the Applicant shall enter into an agreement with the City, providing the City with such security and implementation procedures as the City may require compliance with the above regulatory documents. The Agreement shall also ensure that, after approval of the Final Map, the Applicant and his/her successors in interest will continue to comply, remain in compliance, and implement such Plans. 3. Any and all agreements that the Applicant is required to enter into hereunder shall be in a form approved by the City Attorney. Resolution No. 2007-176 Page 6 4. The Applicant shall comply with all applicable sections of the Chula Vista Municipal Code, the City Growth Management Ordinance, and the City's General Plan, as amended from time to time. The Applicant shall prepare any final maps and all plans in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance, Grading Ordinance, the Landscape Manual, and Subdivision Manual. 5. If any of the terms, covenants or conditions contained herein shall 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 including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the 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 in writing 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. 6. The Applicant shall comply with the "Recycling and Solid Waste Management Plan" which has been approved by the City of Chula Vista Conservation Coordinator. The plan demonstrates those steps the Applicant will take to comply with Municipal Code, including, but not limited to Sections 8.24 and 8.25, and meet the State mandate to reduce or divert at least 50 percent of the waste generated by all residential, commercial and industrial developments. The Applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. The plan shall incorporate trash enclosures which are designed to comply with the City's N.P.D.E.S. permit if applicable, to provide compatibility with the architectural style of the development, and to enhance trash enclosure doors where they are highly visible. 7. All gates, walls, and fences shall comply with the City of Chula Vista Municipal Code and the City of Chula Vista Subdivision Manual. For the entry access gate, the Applicant shall provide a gate opener to the City's franchise hauler and an Opticom strobe entry system and a Knox override switch to the Fire Department and Police Department to access the site. The Applicant shall also request a waiver for the gate from the Engineering Department in regards to the requirements for a turn around area and stacking distance of 150 feet. 8. The phone intercom system for the entry access gate shall be mounted on the passenger side of the driveway as to not block emergency vehicle access to the site. 9. The Applicant shall provide a private fire hydrant at the hammerhead in accordance with the City of Chula Vista Fire Department. 10. The Applicant shall implement to the satisfaction of the City Environmental Review Coordinator and the City Engineer the mitigation measures identified in the Napa Place Tentative Subdivision Map Mitigated Negative Declaration (IS-06-020) and associated Mitigation Monitoring and Reporting Program. Resolution No. 2007-176 Page 7 GRADING AND DRAINAGE II. All onsite drainage facilities shall be private. 12. The Applicant shall submit a detailed grading plan in accordance with the Chula Vista Grading Ordinance is required before issuance of any building permits. Details such as type, cross sections, and profiles of all the proposed retaining walls shall be shown on the grading plans for City's review and approval. 13. The Applicant shall submit a drainage study prepared by a registered civil engineer to be reviewed and approved by the City Engineer prior to issuance of a grading pennit or other development permit. Design of the drainage facilities shall consider existing onsite and offsite drainage patterns. The drainage study shall calculate the pre-developed and the post-developed flows and show how downstream properties and storm drain facilities are impacted. If the post-development flows exceed the pre-development flows, the study shall include calculations sizing proposed detention system(s). The extent of the study shall be as approved by the City Engineer. 14. Proposed curb outlets shall be designed to Chula Vista Design Standards CVCS-17. NPDES 15. The Applicant is required to obtain approval ofa Water Quality Technical Report prior to Grading Permit describing structural and non-structural Best Management Practices (BMPs) that will be implemented to prevent discharge of pollutants from the project site to public storm drainage systems. BMPs should intercept runoff from the project site and pre-treat said runoff prior to discharge to the public stonn water conveyance system. Identify proposed BMP facilities to be used to treat storm water runoff from the site as part of the project Water Quality Technical Report. Said BMP facilities shall be reviewed and approved on the grading plans and inspected by the City's Stormwater Inspector. 16. 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: I. 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. Resolution No. 2007-176 Page 8 b. Employing integrated pest management principles. More specifically, eliminate and/or reduce the need for pesticide use by implementing Integrated Pest Management (IPM), including: (I) planting pest-resistant or well-adapted plant varieties such as native plants; (2) discouraging pests in the landscaping design; (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 PUBLIC IMPROVEMENTS 17. An improvement plan showing all existing and proposed public improvements such as driveways, curb, gutter, pedestrian ramps, and sidewalk shall be submitted for City's review before Final Map approval by the City Council. 18. The Applicant shall install a 26-ft driveway per the City of Chula Vista Subdivision Manual standards, CVCS-lB. 19. Per City of Chula Vista Subdivision Manual, all proposed public sewer mains, located within public right of way, shall be 8-inch PVC minimum. Extend an 8-inch PVC sewer by connecting to existing 8-inch sewer main on Corte Helena Avenue up to the property line and add a new standard sewer manhole just outside ofthis property line within City's right of way. This sewer manhole and the new 8-inch PVC main shall be public. PRIVATE OR ONSITE IMPROVMENTS 20. 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. 21. The Applicant/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 prior to approval of the final map. CC&R'S 22. The Applicant shall submit CC&R's 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. · Provision that no private facilities shall be requested to become public unless all homeowners and 100% of the first mortgage oblique have signed a written petition. , ~ Resolution No. 2007-176 Page 9 . Maintenance of all walls, fences, lighting structures, paths, recreational amenities and structures, sewage facilities, drainage structures, guest parking, and landscaping shall be the responsibility of the Homeowners Association. . 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. 23. The Applicant shall submit a homeowners association (HOA) budget for review and approval prior to final map approval by the City Engineer for the maintenance of private streets, storm drains and sewage systems. Said budget shall include the following maintenance activities: a. Streets must be sealed every 7 years and overlaid every 20 years. b. Sewers must be cleaned once a year with a contingency for emergencies. c. Red curbs / striping must be painted once every three years. EASEMENTS 24. 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. 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 25. Prior to final map recordation, the Applicant 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 Councilor any approval by its agents, officers, or employees wit regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. . 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 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. Resolution No. 2007-176 Page 10 MISCELLANEOUS 26. The following fees will be required based on the final building plans submitted (see attached Development Checklist for more information): a) Sewer Connection and Capacities fees b) Development Impact Fees c) Traffic Signal Fees 27. Payment of the current Park Acquisition and Development (PAD) fee is required prior to the Final Map approval in accordance with CVMC 17.10 "ParkIands & Public Facilities". 28. The Final Map shall tie the boundary of the subdivision to the California System-Zone VI (NAD '83). 29. Submit copies of the Final Map, grading plans, and improvement plans in a digital format such as (DXF) graphic file prior to approval of the Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 3 Y, HD floppy disk prior to the approval of the Final Map. 30. Submit a conformed copy of a recorded tax certificate covering the property prior to approval of the Final Map. VIII. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Applicant and property owner shall execute this document by signing the lines provided below, said execution indicating that the property owner and Applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the property owner and the Applicant, and a signed, stamped copy of this recorded document shall be returned to the Planning and Building Department. Failure to return a signed copy and a stamped copy of this recorded document within thirty days of recordation to the City Clerk shall indicate the property owner and ApRlicant's desire that the Project, and the esponding application for building permits an r business license, be held in abeyanc 'thout approval. Said document will also be on file the City Clerk's Office. Signatur of Applicant or Pro erty Owner Signature 0 IX. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. Resolution No. 2007-176 Page II X. 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. Presented by Approved as to form by es D. Sandoval anning & Building Director ~{~~ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 10th day of July 2007 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None COOyI~& ATTEST: --~ tlL. ~r- ~~ Susan Bigelow, MMC, City Cle 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. 2007-176 was duly passed, approved, and adopted by the City Council at a regular meeting ofthe Chula Vista City Council held on the 10th day of July 2007. Executed this lOth day of July 2007. ; ~~~'t1tJ~ Susan Bigelow, MMC, City Clerk Resolution No. 2007-176 Page 12 C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT OESCRlPTlON: C) APf'l.IC.Im. Napa Place LP. SUBDIVISION PROJECT F Request Proposed Tentative SubdIvision Map to subdivide a 1.7 ADDRESS: 445 Irs! Av acre parcel into nine single-family residentiallols. SCALf: FILE NUMBER: NORTH No Scale PCS-06-13 Related cases: 1~20 'E.~~\~\' 1\ ~