HomeMy WebLinkAboutReso 2007-189
RESOLUTION NO. 2007-189
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ESTABLISHING
CONDITIONS OF A TENTATIVE SUBDIVISON MAP TO
DIVIDE INTEREST IN 3.48 ACRES AT 307 ORANGE
AVENUE FOR A ONE-LOT CONDOMINIUM CONTAINING
124 RESIDENTIAL UNITS, AND APPROVING
CONCESSIONS PURSUANT TO THE DENSITY BONUS LAW
FOR THE REDUCTION IN CERTAIN DEVELOPMENT
STANDARDS
I. RECITALS
A. Project; Application for Discretionary Approval
WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on
August 12, 2004, with the City of Chula Vista Planning and Building Department by
Westone Management and subsequently superceded by Premier Coastal Development and
subsequently by WGA Orange Avenue L.P. and by WGA Orange Avenue L.P. (Applicant),
requesting approval of a Tentative Subdivision Map to convert 124 apartment units into
individually owned condominiums (Project); and
B. Project Site
WHEREAS, the area of land which is the subject matter of this Resolution is
diagrammatically represented in Exhibit "A", incorporated herein by reference, and
commonly known as Chula Vista Tract No. 05-06, Tentative Subdivision Map, and for the
purpose of general description herein consists of 3.48 acres located at 307 Orange Avenue
(Project Site); and
C. Prior Discretionary Approval and Recommendations
WHEREAS, the development of the Project Site has received the following discretionary
approvals and recommendations: (l) Planning Commission recommendation of approval of
PCS-05-6 Tentative Subdivision Map for a 124-unit condominium conversion on
February 14, 2007; and (2) Design Review Committee approval of DRC-05-05 Site Plan on
April 17, 2006; and
D. Planning Commission Record of Applications
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on February 14,2007, and after hearing staffs presentation and public testimony voted 6-1 to
recommend that the City Council approve the Project, in accordance with the findings and
subject to the conditions listed below; and
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Page 2
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 307 Orange Avenue, 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 17, 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 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 February 14,2007, 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 and has determined that the proposed project
qualifies for a Class I (Existing Facilities) categorical exemption pursuant to Section 15301
of the State CEQA Guidelines. Thus no further environmental review or documentation is
necessary.
IV. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council has exercised their independent review and judgment and concurs with the
Environmental Review Coordinator's determination that the Project qualifies for a Class 1
(Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA
Guidelines.
V. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Govemment Code section 66473.5 of the Subdivision Map Act, the City
Council finds that the Tentative Subdivision Map, as conditioned herein for 307 Orange
Avenue, is in conformance with the elements of the City's General Plan, based on the
following:
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Page 3
1. Land Use
The site is part of the former Montgomery Specific Plan, annexed to the city in
January 1986. As part of the County/City zoning translation program, the property
was designated High Density Residential (18-27 dulac) in the General Plan, and
zoned R-3, Apartment Residential. The 124-unit apartment complex was built on a
3.48-acre parcel, which represent a development density of approximately 35 dulac.
The density is a higher than permitted in the underlying zone district and the General
Plan. However, pursuant to Chapter 19.64 of the Chula Vista Municipal Code
(CVMC), the existing apartment complex is a legal non-conforming use and may
remain in existence indefinitely, as long as the land use remains the same and is not
altered.
Although minor modifications are proposed to comply with the condominium
conversion requirements, the Project does not represent a change in land use. Section
19.64.060C of the CVMC allows the Planning Commission to approve modifications
or enlargement of non-conforming uses when necessary and incidental to its use. The
proposed changes are necessary to change the rental units to highly desirable
individual ownership for entry-level buyers. Based on the above, the proposed
project, as conditioned, is in substantial conformance with the adopted General Plan,
Zoning Ordinance and other applicable rules and regulation.
2. Circulation
All off-site streets required to serve the subdivision currently exist. No street
improvements are required.
3. Housing
The Project is generally consistent with the land use designation prescribed within the
General Plan and provides attached condominium units for individual ownership. The
conversion of 124 apartment units to 124 condominium units creates additional
opportunities for residential ownership, including 41 units of on-site housing
affordable for moderate-income persons and families.
4. Open Space
Pursuant to Government Code section 65915.5, in exchange for the Project's
providing 41 units of on-site moderate income affordable housing, the City will allow
an open space deficiency of approximately 6,887 square feet. The Project includes
existing on-site open space areas in the form of a swimming pool and recreational
rooms, landscaped areas, and a tot lot for residents' use.
5. Safety
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.
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Page 4
B. The configuration, orientation and topography of the site allow for a feasible setting for
passive or natural heating and cooling opportunities as required by Government Code
section 66473.1.
C. The site is physically suited for residential development and the proposal conforms to all
standards established by the City for such a project including concessions for open space
and parking requirements pursuant to Government Code section 65915.5 and storage
requirements pursuant to CVMC 15.56.070.
D. 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 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 City Council concurs with the Fire Marshal determination that the
project as conditioned will be in substantial conformance with current fire protection
standards.
B. Uniform Building Code: City Council concurs with the Building Division of the Planning
and Building Department's determination that the "Property Condition Assessment
Report" dated August 2003, prepared by JCDP/Huang Consulting Engineers, Inc, and the
"Supplemental Property Condition Assessment" dated August 10, 2005 (see
Attachment 5 of the staff report), prepared by LandAmerica Commercial Services
adequately address compliance with fhe Building Code if applicable permits are
submitted and approved and the recommended improvements set forth in the report are
constructed or put in place.
C. Storage: Section 15.56.020 requires minimum storage area for each unit - 150 cubic feet
per I-BR unit and 200 cubic feet per 2-BR unit The 28 one-bedroom units and 40 of the
two-bedroom units are provided an excess of storage space; however, 56 of the two-
bedroom units are each deficient 17 cubic feet of storage space. A storage cupboard
within a new carport is provided for each unit, in addition to some interior storage space.
Per CVMC section 15.56.070, in considering tentative maps for condominium
development and evaluating the manner in which storage space is provided, the Planning
Commission may recommend and the City Council may approve departures from the
stated standards after review of each proposal. Departures shall be based on the merits of
the individual project when good cause can be shown. Staff has analyzed the existing
storage and proposed storage for the possibility of increasing storage capacity, and has
determined it is not feasible to increase storage space beyond that which the project is
adding. Convenient storage is proposed as cabinet space in each carport, in addition to
some storage space in the dwelling units. As a condition of the Final Map the Applicant
shall provide all storage dimensions to prove that the storage meets all minimum
dimensioning requirements.
~~.....~
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Page 5
D. Housing Code: The Project will be required to comply with housing inspection
requirements.
E. Protective Lighting Standards: Lighting for the facility shown on the site plan shall be in
conformance with Section 17.28.030 and 17.28.040 of the Chula Vista Municipal Code.
The Project is required to provide lighting information at the time of submittal of
building permits.
F. Off-street parking: Section 19.62.050(13) requires 1.5 parking spaces for each one-
bedroom unit and two parking spaces for each two-bedroom unit, for a total parking
requirement of 234 spaces for this project. The project provides 192 parking spaces,
including 124 carports, 63 open stalls, and 5 handicapped spaces. There is a shortfall of
43 parking spaces. Drive aisles are slightly less than the 24 feet width requirement and
the ratio of compact to regular parking spaces is higher than the City standard. Pursuant
to Government Code section 65915.5, in exchange for the Project's providing 41 units of
on-site moderate-income affordable housing, the City is allowing the above stated
deficiencies in the parking area requirements.
G. Design Guidelines: Although no significant exterior structural changes are proposed to
the existing project, the Applicant proposes to upgrade both the interior and exterior of
the units, add community amenities, and refresh the landscaping. Exterior improvements
as part of the proposed condominium conversion include new paint and additional
architectural detailing on the buildings, roof replacement, installing a tot lot and play
structure, repairing and replacing all driveways and walkways where needed, adding
carports, and refreshing and supplementing the landscaping where needed. (Attachment 4
of the staff report, is a complete list of the Applicant's proposed interior and exterior
improvements. )
Accordingly, the Applicant has applied for and obtained Design Review approval
pursuant to CVMC sections 19.14.582 (Design Review Committee, Duties and
Responsibilities) and 19.14.420 (Site Plan and Architectural Approval - Purpose -
Prerequisite for Certain Uses).
H. Separate Service Meters: Each unit is individually metered for electric service. A
Homeowners Association will be responsible for the water and gas utility meters. The
Applicant shall provide written evidence how this will be satisfied.
1. Housing Department Compliance Survey: The Project has completed a housing
inspection, and will be required to perform all corrections listed in the Apartment
Inspection Report prior to final inspection of a Condominium unit.
J. Covenants, Conditions & Restrictions (CC&Rs): The Project is conditioned to provide
evidence of declarations of covenants, conditions and restrictions in conjunction with the
Final Map.
K. Open Space: Common Open Space: CVMC section 19.28.090 requires 400 square feet of
common usable open space per one- or two-bedroom unit; therefore, the project must
provide a minimum of 49,600 square feet of open space. The project provides 42,713
square feet of open space, which is a deficiency of 6,887 square feet.
Pursuant to Government Code section 65915.5, the City is allowing the deficiency of
6,887 square feet of open space in exchange for the guarantee of 41 on-site affordable
units to persons or families of moderate income.
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Page 6
VII. 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 hearing for the Project, and the Applicant has satisfied the
following noticing requirements at the time of submittal of the Tentative Map, which includes a
60-day "Notice ofIntent to Convert", and a "Notice to Prospective Tenants ofIntent to Convert".
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby approve Tentative Subdivision Map, Chula Vista Tract No. 05-06 as represented in
Exhibit "B" subject to the general and special conditions set forth below.
VIII. GENERAL CONDITIONS OF APPROVAL
A. Project Site is Improved with Project
The Applicant, or his/her successors in interest, shall improve the Project Site with the
Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 05-06,
307 Orange Avenue.
B. Design Consistency
The Applicant shall develop the condominium units in accordance with all applicable City of
Chula Vista Design Guidelines and complying with any conditions required by the Design
Review Committee associated with DRC 05-05.
IX. 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 and in Attachment 4 of the staff report, shall be fully completed by the applicant
or successor-in-interest to the City's satisfaction prior to approval of the Final Map:
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 February 14,2007, and DRC 05-05 on April 17, 2006.
3. Applicant shall coordinate with the City of Chula Vista Planning and Community
Development divisions to schedule a meeting with the current tenants to present
alternative rental housing opportunities and assistance in relocation in conjunction with
the presentation of the schedule for the phasing of the conversion of the apartments to
condominiums.
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Page 7
4. A week after the tentative map is approved, the Applicant shall comply with all
applicable noticing requirements set forth in Government Code section 66427.1.
Applicant shall submit evidence to the Director of Planning and Building that the
following City of Chula Vista noticing forms have been delivered to the existing and
prospective tenants per Section 66427.1 of the Subdivision Act 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 Department of Real Estate prior to Final Map approval).
b. 10-day Notice to all existing tenants of Final Map approval- "Form D".
c. Notice to all prospective tenants of option to purchase/termination of tenancy -
"Form E.
d. 90-day Notice to all existing tenants of option to purchase/termination of tenancy -
"Form F".
e. 180-day notice to all existing tenants of intent to convert/termination of tenancy -
"'Form G~'.
5. The Applicant shall obtain a construction permit to perform any work in the City's right
of way, which may include but is not limited to:
a. Driveway approach per Chula Vista Design Standards;
b. Replacement of broken curb, gutter, and sidewalk where applicable;
c. Sewer lateral installation.
6. Submit plans and information to the satisfaction of the Fire Marshal that proposed
condominium units meet current California Fire Code, including but not limited to fire
hydrants, fire access, water supply, sprinkler systems, and fire alarms.
7. A composite lighting plan shall be submitted and approved to the satisfaction of the
Planning & Building Department and Chula Vista Police Department (CVPD) prior to
issuance of the first building permit. Lighting should be provided at entries, driveways
and parking lots. Please indicate the location and style of lighting on lighting plans and
elevations. Lighting shall be shielded to minimize spillover onto adjacent properties.
8. Electrical/mechanical driveway gates must be provided with a Knox key entrance
operation and Opticon system to the satisfaction of the City Fire Marshall.
9. All existing utilities serving the subject property and existing utilities located within or
adjacent to and serving the subject property shall be placed underground in accordance
with Section 15.32 of the Chula Vista Municipal Code. Furthermore, all new utilities
serving the subject property shall be placed underground prior to the issuance of building
permits.
10. Any and all agreements that the Applicant is required to enter into hereunder shall be in a
form approved by the City Attorney.
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Page 8
II. Applicant shall comply with the requirements of the City's 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 re-design required for compliance
with the City's National Pollutant Discharge Elimination System (NPDES) permit.
12. Submit building plans and required fees per the following Building Division
requirements:
a. Building permits are required per 2001 California Building Code (CBC), California
Mechanical Code, California Plumbing Code, and California Handicapped
Accessibility requirements, 2004 California Electrical Code, and 2005 California
Energy Code.
b. Indicate any proposed modifications to correct code violations as noted by Code
Enforcement Division.
13. Prior to issuance of building permits, Applicant shall submit for review and approval of
the City's Landscape Planner an exterior lighting plan that includes detailed information
on the proposed fixtures, which shall be commercial grade quality. The Plan should
implement the lighting concept stated on the approved landscape concept plan. The
lighting plan shall include details showing that the proposed lighting shall be shielded to
remove any glare to adjacent properties.
14. Provide a detailed Planting and Irrigation Plan prepared by a licensed landscape architect
for review and approval with the building permit submittal, per Landscape Manual and
CVMC requirements. All landscape work is to be completed prior to issuance of
certificates of occupancy. The detailed landscape plans shall include the following:
a. Details of the play structure in the tot lot area, which shall be commercial grade
quality.
b. Show the location, and show landscape screening from public view, for all proposed
lighting fixtures, fire hydrants, transformers, backflow valves, and other utilities on
the detailed landscape plan.
c. Identify storm water management measures, if any are proposed, on the detailed
landscape plan.
d. Planting shall not obstruct the visibility at the driveway entrance.
15. Provide a surety guarantee bond with the landscape plans for all landscape
improvements, which will include all irrigation work.
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Page 9
16. Plans submitted for building permits shall include the following:
a. Ground-mounted equipment including heating, air conditioning, utility boxes, and
backflow valves that will not be constructed in utility enclosures will be required to
be screened with a combination oflandscaping, walls or berms.
b. A roof design plan showing that all roof equipment has been screened from adjacent
off-site residential uses and public areas "...ith parapet walls.
c. Carport structure plans with details and specifications.
17. So as to ensure compliance with Section 17.24.040 and 17.24.050 of the Chula Vista
Municipal Code, Applicant shall show that walls and ceilings meet the current Gypsum
Association Fire Resistance Design Manual standards regarding fire and sound
attenuation. All separating floor-ceiling assemblies between separate units shall provide
impact sound insulation equal to that required to meet an impact insulation class (lIC) of
fifty (50). If said walls and ceiling do not meet said standards, then the walls and ceiling
shall be modified to conform to the Gypsum Association Fire Resistance Design Manual
standards to the satisfaction of the City Building Official and Director of Planning and
Building.
18. Prior to issuance of building permits, provide information on new hot water heating
facilities to meet the approval of the City Building official with regard to capacity, size,
and location.
19. Submit a phasing plan indicating how portions of the site can be sold and occupied
during construction activity.
20. Anyon-site sales or leasing office shall obtain a Conditional Use Permit.
21. Submit to City staff for approval additional details on implementation of the homebuyer
assistance and tenant relocation programs, such as the time frame for meetings and
distribution of relocation assistance, tenant eligibility requirements for the programs, etc,.
and submit evidence satisfactory to the Director of Planning and Building that the
Applicant has complied with the approved homebuyer assistance program requirements
for existing residents who choose to purchase their condominium units and for renters
who choose to relocate.
DRAINAGEINPDES
22. All on-site drainage facilities shall be private except for storm drain facilities located
within the existing drainage easement granted to the County of San Diego recorded
August 22,1985, as file no. 85-304816 of official records.
23. Paved access capable of withstanding H-20 wheel loading shall be provided to all public
storm drain manholes within the site.
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Page 10
24. The existing public 36-inch and 42-inch RCP storm drain pipes shall be relined based on
the City Engineer's requirement due to cracks and significant infiltration within the storm
drain pipes.
25. Applicant shall prepare and submit a Water Quality Technical Report 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, to the satisfaction of the City Engineer.
26. Intercept runoff from the project site and pre-treat said runoff prior to discharge to the
City's storm water conveyance system. Identify proposed BMPs to be used to treat storm
water runoff from the site as part of the project's Water Quality Technical Report. Said
BMP facilities shall be inspected and approved by the City's Stormwater Inspector prior
to final map approval.
27. Permanent storm water BMP requirements shall be incorporated into the project design,
and shall be shown on the plans. Any construction and non-structural BMP requirements
that cannot be shown graphically must be either noted or stapled on the plans. Any
proposed changes that impact landscaped or open space areas must be reviewed and
approved by the City's Landscape Planner.
28. Any proposed changes that impact landscaped or open space areas must be reviewed and
approved by the City's Landscape Planner.
29. Fully implement NPDES BMPs contained in the Water Quality Technical Report.
SEWER
30. The on-site sewer system shall be private. All sewer laterals shall be privately maintained
from each building and/or condominium unit to the City maintained public sewer main
within Orange Avenue.
31. The Developer/Owner shall establish a homeowners association to fund and oversee a
contract for the maintenance of the on-site private sewer system. The frequency of
maintenance of the sewer system shall be contained in the provisions of the CC&Rs. The
City Engineer and Director of Public Works shall approve the provisions of the CC&Rs
regarding the on-site private sewer system.
32. The Developer/Owner shall install a sewer manhole at the point of connection to the City
sewer main for the sewer lateral east of the public storm drain pipe that runs north to
south between the two-story stucco building and one-story stucco building/pool facility.
The sewer lateral historically has problems due to the slope of the pipe.
STREETS
33. The driveway within the development shall be private.
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Page II
34. Remove and replace all driveways along the project frontage 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-IA for driveways.
Driveway replacement shall be guaranteed prior to recordation of the final map. Safe
sight distances shall be maintained in and around entrances and drives.
CC&RS
35. Submit CC&Rs as approved by the City Attorney to the City Engineer, Director of
Planning and Building, and Director of Public Works, for approval. Said CC&Rs shall
include the following:
a. The creation of a Homeowner's Association (HOA), which shall, among other things,
be responsible for maintaining all common facilities within the Project including, but
not limited to: walls, fences, water fountains, lighting structures, fire sprinklers and
alarm systems, paths, trails, access roads, drainage structures, water treatment
facilities, recreational amenities and structures, landscaping, trees, streets, parking
lots, driveways, and private sewage and storm drain systems.
b. A listing of all maintained private facilities.
c. Language stating that the landscaping shall be maintained by the HOA in a healthy
and thriving condition at all times.
d. Language that indemnifies and holds harmless the City from any claims, demands,
causes of action liability or loss, including claims arising from the maintenance
activities of the HOA, including but not limited to private sewer spillage.
e. The City's right but not the obligation to enforce CC&Rs.
f. An insurance provision requiring the HOA to maintain a policy of comprehensive
general liability insurance written on a per-occurrence basis in an amount not less
than one million dollars ($1,000,000) combined single limit. The policy shall be
acceptable to the City and name the City as additional insured.
g. The City must approve any revisions to provisions of the CC&Rs that may
particularly affect the City. Furthermore, the HOA shall not seek approval from the
City of said revisions without the prior consent of one-hundred percent (100%) of the
holders of first mortgages and one-hundred percent (100%) of the property owners -
unless the Director of Planning and Building waives this requirement.
g. The HOA shall not seek to be released by the City of any maintenance obligations
without the prior consent of the City and one-hundred percent (100%) of the holders
of first mortgages and one-hundred percent (100%) of the property owners - unless
the Director of Planning and Building waives this requirement.
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Page 12
h. Implement an education and enforcement program to prevent the discharge of
pollutants from all on-site sources into the storm water conveyance system.
1. The HOA shall maintain, in perpetuity, membership in an advance notice
service/system such as the USA Dig Alert Service and shall cause any private
facilities of the property owners or HOA to be marked out whenever work is
performed in the area.
J. The CC&Rs shall include NPDES proVISIOns for the perpetual and routine
maintenance of structural BMPs, private sewer and storm drain facilities for the
purpose of preventing and in such a manner as to prevent the discharge of non-storm
water pollutants to the public storm water conveyance system. The CC&Rs shall
include the requirement to maintain records for the past ten years of BMP
implementation, inspections, and maintenance activities.
k. The HOA shall fund and oversee a contract for the maintenance of the on-site private
sewer system. The frequency of maintenance of the sewer system shall be contained
in the provisions of the Codes, Covenants and Restrictions, which shall be subject to
the approval of the City Engineer and the Director of Public Works.
I. Trash and Recycling program requirements shall be incorporated into the project
CC&Rs to the satisfaction of the City's Conservation Coordinator.
m. Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance,
and shall be recorded concurrently with the final map.
n. Fire service lateral and water supply to buildings, including the on-site fire hydrants,
must be maintained and operational at all times to the satisfaction of the Fire Marshal.
36. Submit a Homeowners Association budget for review and approval by the City Engineer
for the maintenance of private streets and drives, storm drains, and sewage systems. More
specifically, said budget shall include the following provisions and maintenance
activities:
a. Streets must be sealed every seven years and overlaid every 20 years;
b. Sewers must be cleaned once a year with the contingency for emergencies;
c. Red curbs/striping must be painted once every three years;
d. The Homeowners Association shall be responsible for service utilities including
water, gas, and sewer, and the billing and payment of these utility costs;
e. Storm Water quality facilities inspected prior to and after every rain event and
cleaned as necessary (twice a year minimum); media inserts replaced as
recommended by the manufacturer; with a contingency for emergencies. The budget
shall also include a monitoring program including sampling and preparation of an
annual report, when required by the City;
Resolution No. 2007-189
Page 13
f. Per the Physical Elements Report's recommended repairs within the five-year time
frame, establishment of a capital fund that will adequately cover the expected costs
associated with repairing or replacing the Project/complex's electrical system and
plumbing system.
EASEMENTS
37. 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
38. Applicant shall pay any unpaid balance for the 307 Orange Avenue Tentative Map
Deposit account # DQ 11 05 and Project account CA30 I.
39. Applicant shall enter into an approved Affordable Housing Agreement. Applicant and
hislher successors in interest shall comply, remain in compliance and implement, the
terms, conditions and provisions, to the property with regard to the Affordable Housing
Agreement to provide 41 units of on-site affordable housing for persons or families of
moderate income.
40. Applicant shall enter into an agreement wherein the Applicant agrees to:
a. Defend, indemnify and hold harmless the City and its agents, officers, and employees,
from any claim, action or proceeding against the City, or its agents, officers or
employees to attack, set aside, void or annul any approval by the City, including
approval by its Planning Commission, City Councilor any approval by its agents,
officers, or employees with regard to this subdivision pursuant to Section 66499.37 of
the State Map Act provided the City promptly notifies the subdivider of any claim,
action or proceeding and on the further condition that the City fully cooperates in the
defense.
b. Hold the City harmless from any liability for erosion, siltation or increased flow of
drainage resulting from this project and spillage of sewage generated by the project
onto adjacent public or private streets or into off-site storm water conveyance
systems.
c. Maintain storm water quality treatment measures in accordance with an approved
maintenance and inspection plan.
d. Implement and sustain in perpetuity, a source control storm water quality
management program as outlined in the Water Quality Technical Report.
Resolution No. 2007-189
Page 14
Owner
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Date
MISCELLANEOUS
41. Tie the boundary ofthe subdivision to the California System-Zone VI (NAD '83).
42. Submit copies of the Final Map in a digital format such as (DXF) graphic file prior to
approval of the Final Map. Provide computer aided Design (CAD) copy of the Final Map
based on accurate coordinate geometry calculations and submit the information in
accordance with the City Guidelines for Digital Submittal in duplicate prior to the
approval of the Final Map.
43. Submit a conformed copy of a recorded tax certificate covering the property prior to
approval of the Final Map.
44. Provide evidence to the satisfaction of the City Engineer of compliance with all tenant-
noticing requirements per Section 66427.1 of the Subdivision Map Act prior to approval
of the final map.
B. The following Conditions of Approval shall be satisfied prior to Final Inspection unless
otherwise noted:
I. For any condominium unit in a structure containing multiple condominium units, correct
California Health and Safety Code and Uniform Housing Code violations specified in
Attachment C and any other violations identified by the Housing Inspection, to the
satisfaction of the Director of Planning and Building.
2. For any condominium unit in a structure containing multiple condominium units, install
the interior upgrades and improvements specified in Attachment 4 of the staff report, to
the satisfaction of the Director of Planning and Building.
3. Prior to issuance of building permits, per the Physical Element's Report and Applicant's
designating replacement of hot water heating facilities, provide information on new hot
water heating facilities to meet the approval of the City Building official with regard to
capacity, size, and location.
4. For any condominium unit in a structure containing multiple condominium units, the
Project's exterior upgrades for that structure shall be constructed in accordance with the
approved DRC-OS-OS design review permit.
Resolution No. 2007-189
Page 15
5. For any condominium unit in a structure containing multiple condominium units, provide
in that structure type 2A-IOBC fire extinguishers every 75 feet of travel distance, and
smoke detectors for each unit, to the satisfaction of the Chula Vista Fire Department.
6. All lighting shall meet the protective current lighting standar.c1.s of the current Uniform
Building Code.
7. Any required modifications to separation walls and ceilings shall be done to the
satisfaction of the City's Building Official and Fire Marshal.
8. Submit evidence satisfactory to the Director of Planning and Building that the Applicant
has complied with the approved homebuyer assistance program requirements for existing
residents who choose to purchase their condominium units and for renters who choose to
relocate as reflected in the provisions referenced in the minutes of the Planning
Commission meeting of February 14, 2007. Said relocation assistance shall include the
requirement that the applicant will provide the refund of each tenant's security deposit
not less than 30 days prior to their relocation and shall provide relocation assistance of
$500 paid to tenants no less than 10 days in advance of their relocation.
9. Submit and obtain approval ofa sign permit.
X. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
approvals 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.
Xl.INVALlDITY; 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
andoval
ing & Building Director
~",f~ \'\()'Y'~\\
Ann Moore
City Attorney
Resolution No. 2007-189
Page 16
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 17th day of July 2007 by the following vote:
A YES: Councilmembers:
Castaneda, McCann, and Cox
NAYS: Councilmembers :
None
ABSENT: Councilmembers:
Rindone
ABSTAIN: Councilmembers:
Ramirez
~L1~~
Cheryl Cox, May ~
ATTEST:
~-- -::jjt /I ~t ~
Susan Bigelow, MMC, Cit lerk
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. 2007-189 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 17th day of July 2007.
Executed this 17th day of July 2007.
-4 ~4u/j.:\~/~
Susan Bigelow, MMC, City erk
~----~_...............
.,
Ex.h; bI-+A.
Resolution No. 2007-189
Page 17
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