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HomeMy WebLinkAboutReso 2007-207 RESOLUTION NO. 2007-207 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. PCS-06-04, 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: I) 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 staffs presentation and public testimony voted 7-0 to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and E. Council Record of Applications WHEREAS, the City Clerk set the time and place for the public hearing on the Project's tentative subdivision map application; and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the project and its mailing to the current tenants residing at 1419 Tobias Drive, at least 10 days prior to the hearing; and Resolution No. 2007-207 Page 2 WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on August 7, 2007 in the Council Chambers, 276 Fourth Avenue, at 6:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public 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. III. COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class I (existing facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further environmental review is necessary. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised 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: I. 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. Resolution No. 2007-207 Page 3 3. Housing The Project is consistent with the density prescribed within the General Plan and provides attached condominium units for individual ownership. The conversion of 24 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 CONDOMINIUM CONVERSION REQUIREMENTS PURSUANT TO CHAPTER 15.56 AND APARTMENT RESIDENTIAL ZONE REQUIREMENTS PURSUANT TO CHAPTER 19.28 OF THE CHULA VISTA MUNICIPAL CODE Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership, the City Council finds that the project meets the following: A. Fire Protection: The project shall comply with the California Fire Code 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 JCEP/Huang 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: ChuJa 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. Resolution No. 2007-207 Page 4 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 Govemment 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. Resolution No. 2007-207 Page 5 VIII. COMPLIANCE WITH GOVER,l\JMENT 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 ofIntent to Convert" and a "Notice to Prospective Tenants ofIntent to Convert". BE IT FURTHER RESOLVED that the City Council does hereby approve Tentative Subdivision Map, Chula Vista Tract No. PCS-06-04, 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 PCS-06-04, 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 I 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 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 Resolution No. 2007-207 Page 6 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, 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: 1. Employ rain shutoff devices to prevent irrigation after precipitation. 11. Adjust irrigation systems to each landscape area's specific water requirements 111. Using flow reducers or shutoff valves triggered by a pressure drop to control water loss in the event of broken sprinkler heads or lines. IV. Employing other comparable, equally effective, methods to reduce irrigation water runoff. Resolution No. 2007-207 Page 7 b. Employing integrated best management principles. More specifically, eliminate and/or reduce tbe 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 [PM educational materials to homeowners/residents. Minimally, educational materials must address the following topics: keeping pests out of buildings and landscaping using barriers, screens, and caulking; physical pest elimination techniques, such as, weeding, squashing, trapping, washing, or pruning out pests; relying on natural enemies to eat pests; and, proper use of pesticides as a last line of defense. c. Educate the Public. More specifically, the Homeowners Association, through Property Management, etc., shall inform residents about the City's non-storm water and pollutants discharge prohibitions. This goal can be achieved by distributing informative brochures (some available free from the City of Chula Vista) to new home buyers and dedicating sections of newsletters to storm water quality issues, as applicable. SEWER I. 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 tbe 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 tbe 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 ofthe 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-I for driveways. Driveway replacement shall be guaranteed prior to recordation of the Final Map. 2. Damaged curb, gutter and sidewalk along tbe Project frontage shall be removed and replaced as required by the City Engineer and to the satisfaction of the City Inspectors prior to approval oftbe Final Map. CC&R'S I. 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: Resolution No. 2007-207 Page 8 . 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 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 I. All existing easements and irrevocable offers of dedication shall be shown on the final map. A title report dated within 60 days of submittal of the final map shall be submitted together with backing documents for all existing public utility easements and offers of dedication. Developer shall submit evidence of noticing to all existing public utility easement holders within the project boundaries as required by the Section 66436 of the Subdivision Map Act. AGREEMENTS 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 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. 2007-207 Page 9 MISCELLANEOUS 1. The Final Map shall tie the boundary of the subdivision to the California System-Zone VI (NAD '83). 2. Copies ofthe 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 Y2 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 final map. B. The following Conditions of Approval shall be satisfied by the Developer prior to Building Permit approval unless otherwise noted: 1. 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 JCEPlHuang Consulting Engineers, Inc., and shall comply with the Uniform Building Code. The following is a list ofthe 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 andlor replacement of the asphalt paving the pavement shall be seal-coated and restriped. . Submit complete Landscape and Irrigation Plans for City approval. Resolution No. 2007-207 Page 10 · 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 floorlceiling assemblies are opened to enable replacement of appliances and cabinets, fiberglass insulation should be found to have been installed to attain code-required soundproofing (STC) and energy insulation ratings of at least 50. Should STC and energy insulation ratings be deficient, additional fiberglass insulation shall be provided within wall and floor/ceiling assemblies to meet City ofChula Vista and USC 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 incorporate any trash enclosure redesign required for compliance with the City's NPDES permit. Resolution No. 2007-207 Page II 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 alI 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 by ~ ~)(~ ~\.ll'~Q\\ Ann Moore City Attorney es D. Sandova anning and Building Director Resolution No. 2007-207 Page 12 PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 7th day of August 2007 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: ~~ Cheryl o/~ayo L flAW' f Susan Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2007-207 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 7th day of August 2007. Executed this 7th day of August 2007. L ~~ ~A{L' tr - Susan Bigelow, MMC, City Clerk