HomeMy WebLinkAboutPlanning Comm Rpts. 2005/01/12
AGENDA
PLANNING COMMISSION MEETING
Chula Vista, California
Wednesday, January 12, 2005, 6:00 p.m.
Public Services Building
276 Fourth Avenue
Chula Vista, CA 91910
CALL TO ORDER: Cortes_ Madrid_ O'Neill_ Hall
Hom_Felber_
ROLL CALL/MOTIONS TO EXCUSE
PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE
APPROVAL OF MINUTES:
November 10, 2004
INTRODUCTORY REMARKS
ORAL COMMUNICATIONS
Opportunity for members of the public to speak to the Planning Commission
on any subject matter within the Commission's jurisdiction but not an item on
today's agenda. Each speaker's presentation may not exceed three minutes.
1. PUBLIC HEARING:
PCA 05-01; Consideration of an amendment to the
Chula Vista Municipal Code Section 19.58,340 to
regulate temporary storage, collection and loading
of recyclable materials and solid waste. Also,
consideration of a new Recycling and Solid Waste
Planning Manual - City of Chula Vista.
Project Manager:
Coordinator
Lynn France, Conservation
2. PUBLIC HEARING:
PCC 04-72; Consideration of a Conditional Use
Permit to construct and operate an unmanned
wireless telecommunications facility at 4340 Main
Street. Applicant: Cingular Wireless.
Project Manager: Michael Walker, Associate Planner
Planning Commission
- 2 -
January 12, 2005
3. PUBLIC HEARING:
PCC 04-70; Consideration of a Conditional Use
Permit for Cingular Wireless to construct a wireless
telecommunications facility at 545 East Naples
Street. Applicant: Cingular Wireless
Project Manager: Ann Pease, Associate Planner
4. PUBLIC HEARING:
PCS 05-08; Consideration of a Tentative Map to
subdivide 6.95 acres at 1441 Santa Lucia Road into
one-lot condominium parcel containing 168
residential units. Applicant: Lyon Otay Ranch LLC,
Project Manager: Harold Phelps, Associate Planner
BUSINESS:
DIRECTOR'S REPORT:
COMMISSION COMMENTS:
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests
individuals who require special accommodations to access, attend, and/or participate in a
City meeting, activity, or service, request such accommodations at least forty-eight hours in
advance for meetings, and five days for scheduled services and activities. Please contact
Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices for
the Deaf (TDD) at 585-5647 California Relay Service is also available for the hearing
impaired.
PLANNING COMMISSION AGENDA STATEMENT
Item: ,
Meeting Date: 1/12/05
ITEM TITLE:
Public Hearing: PCA 05-01; Consideration of an amendment to
the Chula Vista Municipal Code Section 19.58.340 to regulate
temporary storage, collection and loading of recyclable materials and
solid waste. Also, consideration of a new Recycling and Solid Waste
Planning Manual.
Currently, the City of Chula Vista is required under State law to divert and/or recycle 50%
of the waste stream. Limited storage space is a key deterrent to implementing effective
municipal recycling programs and accomplishing and maintaining the 50% diversion goal.
The proposed code amendment and Recycling and Solid Waste Planning Manual establish
a scheme to regulate the location and design of areas dedicated to the temporary storage,
collection and loading of recyclable materials and solid waste associated with new
construction projects and subdivisions. Adopting these laws and regulations creates a
system tailored to the City's needs and brings it into compliance with AB 2176 (2004) and
AB 1327 (1991).
ENVIRONMENTAL STATUS:
The Environmental Review Coordinator has reviewed the proposed activity for compliance
with the California Environmental Quality Act (CEQA) and has determined that the activity
is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore,
pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to
CEQA. Thus, no environmental review is necessary.
RECOMMENDA TION:
Adopt attached Resolution PCM-05-_recommending that the City Council approve the
Chula Vista Municipal Code amendment and Recycling and Solid Waste Planning Manual.
DISCUSSION:
1. Background
In 1989 the California Integrated Waste Management Act (AB 939) required cities and
counties to divert 50% of their waste stream from landfills. Shortly thereafter, the State
identified that limited storage space within existing facilities was a key deterrent to
implementing effective municipal recycling programs and accomplishing the mandated
50% diversion requirement.
In October 11, 1991, the Governor signed AB 1327. This bill added Chapter 18, known as
the California Solid Waste Reuse and Recycling Access Act of 1991, to Part 3 of Division
30 of the Public Resources Code. Chapter 18 required the California Integrated Waste
Management Board (CIWMB) to develop, by March 1, 1993, a model ordinance for
adoption by any local agency relating to adequate areas for collection and loading of
recyclable materials in development projects. Local agencies were required to adopt the
Page 2, Item No.:
Meeting Date: 1/12/05
model, or an ordinance of their own by September 1, 1993. If, by that date, a local agency
had not adopted its own ordinance, the model ordinance adopted by the CIWMB took
effect and was to be enforced by the local agency.
Chula Vista did not adopt its own ordinance at that time so the CIWMB's ordinance took
effect but was never codified in Chula Vista Municipal Code. Because of this, the
Conservation Coordinator's office has been actively reviewing and commenting on major
building and remodeling projects throughout the City. Additionally, Conservation staff has
worked with Planning staff, to develop, improve, and distribute a Recycling and Solid
Waste Planning Manual to assist applicants with their project design.
Recently (September 2004), a new state law addressing the same subject matter was
adopted. Known as the Large Venue and Large Event Recycling law, this law includes a
requirement for local agencies, on or after July 1, 2005, to withhold the issuance of any
building permit to a development project, unless the project provides adequate areas for
collection and loading recyclable materials (State of California Public Resources Code,
Part 3, Division 30, Section 42911).
Design Review Committee: On November 1,2004 the Design Review Committee voted
unanimously to recommend approval of the new Recycling and Solid Waste Planning
Manual.
Resource Conservation Commission: On November 15, 2004, the Resource
Conservation Commission voted to recommend approval of the code amendment and
resolution with formatting recommendations that have been incorporated into the Manual.
2. Project Description/Analysis
The Conservation and Environmental Services Department (Conservation) staff reviewed
the CIWMB's model ordinance, and more than ten similar ordinances developed by other
jurisdictions. Staff then reviewed the Chula Vista Municipal Code to determine how much
of the model ordinance was already incorporated into the City's existing codes. (CVMC
Sections 8.24, 8.25, 19.58). The proposed ordinance amendments include the following
items for incorporation into the existing recycling and solid waste codes:
A. Any new development project, or existing development for which an application
for a building permit is submitted that has a valuation of $20,000 or more must
include adequate, accessible, and convenient areas dedicated for the
accumulation, temporary storage and removal of Designated Recyclables and
Solid Waste materials.
B. Applicants must submit a Recycling and Solid Waste Plan with the project plans
for review and approval.
C. Codifies the state law that building permits will not be issued until space
allocation requirements are met.
D. Requires recycling and solid waste areas to be accessible and convenient for
those who accumulate, store, and haul away Designated Recyclables and solid
waste
E. States that space allocation requirements are set forth in the Design Manual and
Recycling and Solid Waste Planning Manual.
L France PC Agenda Stmt 01-12M05.doc
Page 3, Item No.:
Meeting Date: 1/12/05
For your consideration, staff has prepared a Recycling and Solid Waste Planning Manual,
which tells applicants, planners, developers, and architects what the minimum space
allocation requirements are. A previous, less-detailed document has been used for the past
six years. In an attempt to provide more robust standards, Conservation staff has been
working with Planning and other departments to come up with a new document that
provides the necessary information. The final product was the attached Recycling and
Solid Waste Planning Manual. Accordingly, staff is recommending that it be formally
adopted by Council resolution as a compliment to the existing Planning Design Manual.
When approved, the revised Manual will be distributed to permit applicants at the planning
counter and made available on the City's web site. The Manual contains contact
information for the Conservation and Environmental Services Department, if the applicant
would like additional assistance. All plans submitted will be subject to approval by the City
Manager or designee to protect the public health and safety and ensure compliance with
State and local, solid waste and recycling regulations.
The action recommended by staff will not impact the general fund. The recycling and solid
waste space allocation assessment occurs during the normal plan review process and AS
939 fees will fund any additional costs.
CONCLUSION:
The proposed amendments to the municipal code will satisfy the State Law regarding the
requirement for space allocated to recycling and solid waste. The Recycling and Solid
Waste Planning Manual will provide Chula Vista-specific information about how to design
for recycling and solid waste to ensure that adequate space is dedicated to allow future
occupants the ability to participate safely and conveniently in City recycling and diversion
programs.
Attachments
1. Draft Ordinance amending CVMC ~ 19.58.340
2. Draft Recycling and Solid Waste Planning Manual
L France PC Agenda Stmt 01-12-05.doc
RESOLUTION NO. PCA - 05-01
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE AMENDING CHULA
VISTA MUNICIPAL CODE SECTION 19.58.340 AND A
RESOLUTION APPROVING THE RECYCLING AND SOLID
WASTE PLANNING MANUAL BOTH OF WHICH
REGULATE THE SPACE ALLOCATED FOR THE
TEMPORARY STORAGE, COLLECTION AND LOADING OF
RECYCLABLE MATERIALS AND SOLID WASTE
WHEREAS, the City ofChula Vista is required under State law to divert and/or recycle
50% of the waste stream; and
WHEREAS, the State of California recognizes that limited storage space is a key
deterrent to implementing effective municipal recycling programs and accomplishing and
maintaining the 50% diversion goal; and
WHEREAS, State law requires the adoption of an ordinance to specifically address the
allocation of space for recycling and solid waste in construction projects and subdivisions; and
WHEREAS, the Chula Vista Municipal Code does not currently have specific regulations
for allocating space for recycling and solid waste storage, collection and loading; and
WHEREAS, staff has prepared draft ordinance amendments and a Recycling and Solid
Waste Planning Manual for consideration by the Planning Commission to address space
allocation; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the activity is not a "project" as defined under Section 15378 of the State CEQA Guidelines,
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not
subject to CEQA; and
WHEREAS, the Planning Commission set the time and place for a public hearing on said
amendments and notice of said hearing, together with its purpose, was given by its publication in
a newspaper of general circulation in the City as least ten days prior to the hearing, and
WHEREAS, the hearing was held at the time and place as advertised, namely January 12,
2005, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS PRESENTED
AT THE HEARING, THE PLANNING COMMISSION hereby recommends that City Council
Page 2
adopt an ordinance amending Chula Vista Municipal Code Section 19.58.340 and a resolution
approving the Recycling and Solid Waste Planning Manual, both of which regulate the space
allocated for the temporary storage, collection and loading of recyclable materials and solid
waste.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the
City Council.
PASSED AND APPROVED BY THE PLANNING COMMISION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 12th day of January, 2005, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Marco Polo Cortes, Chair
Diana Vargas
Secretary to Planning Commission
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 19.58.340 TO
REGULATE THE SPACE ALLOCATED FOR THE
TEMPORARY STORAGE, COLLECTION AND LOADING OF
RECYCLABLE MATERIALS AND SOLID WASTE IN
DEVELOPMENT PROJECTS
WHEREAS, in 1989 the California Integrated Waste Management Act (AB 939) required
cities and counties to divert 50% of their waste stream from landfills; and
WHEREAS, shortly after adopting AB939, the State found that limited storage space
within existing facilities was a key deterrent 10 implementing effective municipal recycling
programs and accomplishing the mandated 50% diversion requirement; and
WHEREAS, to solve this problem, the Legislature passed AB 1327 (California Solid
Waste Reuse and Recycling Access Act of 1991) which required the California Integrated Waste
Management Board (CIWMB) to develop a model ordinance relating to adequate areas for
collection and loading of recyclable materials in development projects; and
WHEREAS, local agencies were required to adopt the model, or an ordinance oftheir
own by September 1,1993; and
WHEREAS, if a local agency did not adopt its own ordinance, the model ordinance
adopted by the CIWMB took effect and was to be enforced by the local agency.
WHEREAS, the City has not adopted its own ordinance, but wishes to do so now.
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the activity is not a "project" as defined under Section 15378 of the State CEQA Guidelines,
therefore, pursuant to Section 15060(c)(3) ofthe State CEQA Guidelines the activity is not
subject to CEQA.
NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain:
SECTION 1. That Section 19.58.340 of the Chula Vista Municipal Code is amended to read as
follows:
(Red lined text is deleted; underlined is added)
19.58.340
TrHsl1Rcevclin'! "nd su!id \\asle storage.
A. !\II . !l' Ii'! i,' ,qr;I"jNnew construction rClluiringabuildingpcrnliLAQlIcostlng morc
llwn S~I).I)OII,J.o "construct . (i'l!Uillit)i"g1'roje~t"LsllalliTl('lil(lt:__".<lt:lli'"lL iiccessiblc, and
It 77I1CIfMENT 2-
Ordinance No.
Space Allocation
Page 2 of2
t,'.~~!IVeni(:nl areas de(licatcd Jtlr lbc_"m:~_\l}l]~lLa1!or!.JcnlDorarv storaQC and~:"'G!l1~vaL9L0y~.iliD_aL~~J
!'lO.cy~h!.i;JJg",!}.1.Q.591j.Q\Y~.S!t,?,}fsl!t!cllln,s'111aH'ln1IItiple.jiunilY;€Hmnler€ial;ii!ldin.luBtrial/i}!k'5
sH,ll] reqairc a pr_iSc~~ !()r trash s1mu<;e. These r~,y,Jim;~I}~L5gJi,L,Y,!5t~,areas shall be
enclosed within a minimum five-foot-high masonry wall or higher if deemed necessary by the
director of planning to adequately screen the trash area, built to standards adopted by the city for
a freestanding wall (#4 steel and fully grouted) and shall be designed to accommodate the trash
containers used by the trash rccycli!lg~"~L,~gJi.(L,v'l?t~ service company contracted with the city.
A wooden enclosure may be substituted for a wall in the C-O zone and multiple-family zones by
the director of planning.
B < j\ Rccycl i 11g alld So I ilLW '!5.tt,?J,'JI!n5h,,!ILbe5l11'111itleQ_i;Jythe!i1'1'Iiq1!1t~()L':lllygtl':lliiYing
projcct. Said Plan shall be revicwc~l..a'1.~LaDProvcd bv the citv mana'!er or his/her desi'!nee. A
1.'IItJ1..Il1,U5L eOl1Jl'l:cwith ei1v and state solid..\Y,1c".t'L,!111s.l..reeycling rc'!ulationslstandards hcfi.we it
~'!E.h~..mmr.Qvc~LI}l,il<Jjrlgpel'ln i Is 11111Y not I}"j~5l!~(LtlE1ILtht,?Pll\!1.i"lmprQY.~~L
B. 'fhe nllnIDer'''''f. coniuineffi-requirod shull be not lcss tlllilH'<:quife&,by,-the--santlary..se-rVK'e
operatoron+h"..;;ili}'Hnd.a,sf*eii;""ln\Hl1ber hy tIle z.onil1g adnlillistmtof..j{)I' .aH,,€o!!H1wr€ iaJ,
i\ldllstnalor,ntheFHsesHsde1ennined.hy.-the.actua-luse,
c. !\g<;(:y<;li.'1~and Solid WasteJ'Lal,nillgM!i1]h!C1cL settim( (()rth recycling and solid waste
51)",,, [[lIneation_regulations. clcsi\!n stanhl.nrQ,s,...'!.miggieJcJilles shan he dralied hy the citv
manag~r'rJlQ.~higpt,,'LhYJh~.~ity eOllnc i I.
G.TmslHlfeits-shtt!1-he -kept neat and cloan.
D. ..The precise location of any r<;c'ycJi!lg~!1(I~.()Jj'Lyv.':l".t~JHish'area shall be approved by the
director of planning upon review of the site plan...Rt,?<;y<;lil1gancJsoliQ'Y<1stellrt,?,llss.haILi;Jc
iiccessiblc and conycnient to both .the Y<;.cm'ants and franchise hauler and ,~111JLo,11.l)il>lCus~QjQ.I
the tC!11PQr':lry',s.tO.ri1li~, cQ.If<;"tion anclloadinC' of solid \Vas.t.e.aIlht.t:~cy'c_lahle",
E. uThc :ra:;hgt,?~yt,?Jj,1clg,_,!nQ,_,s.o[id wasil: enclosure" shall be permanently maintained;
1:c<.:y(:lil1gl1nQ,~2Iidwaste areas shall be kept n,:m.I!'1.l.L<;Jean; IInd approved Reevclin'! IInd Solid
Wast~'.l)Jmls.sll'!lLhg..'l(lhcred 10 and 1()llowcd.
SECTION II. This Ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
Submitted by: Approved as to form by:
David Rowlands. Jr.
City Manager
Ann Moore
City Attorney
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GONS6RVATION AND
6NVI'RDNM6NTAL ~
S6RVIG6S ..,
(llY OF
(HULA VISTA
RECYCLING AND SOLID WASTE
PLANNING MANUAL
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CDNS6R.VAT1DN AND
6NVIRDNM6NTAL A
S6R.VIC6S g
(lIT OF
(HUlA VISTA
RECYCLIMG AMD SOLID WASTE PLAMMING GUIDE
Table of Contents
Page
Section I
Overview........................................................................................................ 3
Section II
Recycling and Solid Waste Standards for...................................................... 7
Curbside or Door-to-Door Service for Small Quantity Generators
Section III
Recycling and Solid Waste Standards for ......................................................8
Multi-Family Complexes-Central Collection-Bin Service
Section IV
Recycling and Solid Waste Standards for .................................................... 10
Commercial and Industrial Businesses-Central Collection-Bin Service
Section V
Recycling and Solid Waste Enclosure Standards ........................................ 11
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EiNVIRONM6NTAL A
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CITY OF
(HULA VISTA
1 - OVERVIEW
The State of California has mandated that at least 50% of the solid waste generated be diverted from
landfills. Therefore, each applicant of a development, subdivision or major construction project (including
new public facilities) is required to develop and submit a Recycling and Solid Waste Plan as a part of
the approval process. The Pian must describe the steps the applicant will take to meet the local and
State mandates and recycle the Designated Recyclable materials as defined in Chula Vista Municipal
Code Chapter 8.25. Plans are subject to approval by the City Manager or his designee. Designated
Recyclables include:
Residential recyclables - those specific recyclable materials from residential solid waste
(single-family and multi-family) including but not limited to, aiuminum, glass bottles and jars,
plastic botties, tin and bi-metal cans, newspapers. mixed paper (magazines, junk mail, telephone
books, paperback books, and boxboard) cardboard, white goods and yard waste.
Commercial recyclables - designated recyclable materials from office and hospitality industries.
Materials include but are not limited to. office paper, cardboard, glass bottles and jars, plastic
botties, aluminum, tin and bi-metal cans, and white goods.
Industrial recyclables - recyclable material from industrial, construction and demolition
operations including, but not limited to asphalt, concrete, dirt, land-clearing brush, sand and rock.
Items to be considered in vour plan:
The following are items to be considered when designing your project and
should be addressed in your Plan. You must include a narrative that
thoroughly describes your project's waste reduction and recycling activities.
If you have questions or need clarification, you may contact the City
Conservation and Environmentai Services Department at (619) 691-5122
or conservation@ci.chula-vista.ca.us or the City's web site
www.chulavistaca.Qov. Submit your Recycling and Solid Waste
Management Plan with your application for a discretionary permit to the
Chula Vista Planning Department for approval. Include a short narrative about your plan implementation
and operation within the "Notes" on your plans.
Identify the recycling and trash space allocated within your project, as this will dictate how well your
occupants will be able to participate in the various City programs, how much they will recycle and how
much they can save. Make sure your infrastructure planning allows your future occupants the ability to
avail themselves of all recycling and solid waste services. Your plan must provide adequate space to
properly store all the solid waste and recyclables generated on the site in approved containers between
service days. The plan must also allocate space in a manner that provides occupants with the
opportunity to divert all the Desi9nated Recyclables generated at the site.
Your plan needs to describe how the recycling and solid waste infrastructure will be utilized by the
occupants and maintained on an on-going basis, such as:
o Include solid waste and recycling requirements and information in your CC&Rs,
employee/owner/tenant orientations, policy manuals, and lease agreements. Include
the draft language for these items in your Plan.
o Show where residents will store containers during the week and where they will be
placed on service day; where and how bulky items, Holiday trees and used motor oil will
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be placed for collection.
o If contracting with a landscaper, your plan must demonstrate that you will require all
yard waste to be diverted for reuse, either through on-site mulching, grasscycling, a
permitted compost facility or for reuse at the landfill - not disposal. Your plan shall
establish the requirement to obtain receipts from the contractor demonstrating that the
material was recycled or composted. Those receipts shall be maintained for eighteen
(18) months and be available to City staff for review upon two days notice during
regular business hours.
o Color code containers and provide graphic signs that instruct occupants/customers to
separate materials in the containers used to transport recyclables and trash to the
outdoor enclosure.
o Place recycling containers next to all trash containers -("twinning").
o Review your operations at least annually. Contact the city for a free waste audit to
improve business recycling productivity. reduce waste and keep your solid waste and
recycling services cost-effective and up to date.
Small Quantity Generators (SQG - curbside service for residents and small businesses) can control their
monthly costs by reducing their trash volume through weekly trash and recycling collection, bulky item
collection. yard waste collection, used oil and oil filter collection. Holiday tree collection. and two annual
landfill passes and two annual yard waste passes. (See service brochures for details on these programs.)
Large Quantity Generators (LQG - commercial, multi-family and industrial projects with central collection
service) can control or reduce their costs by taking advantage of recycling savings. Restaurants and
other hospitality facilities can obtain free food-beverage container collection service.
EstimatinQ Trash Service Capacity Needs for Central Bin Collection in Multi-familv Complexes
After estimating the required trash service - pair each trash bin with the required recycling service and
design enciosures appropriately.
Multi-familv ComDlex
Service Needs Table
Cubic yards per
# Bedrooms oer unit unit oer wk.
Studios-1Br 0.33
1-2 Br. 0.36
2.4 Bf. 0040
Calculation:
Product of
bin size
X # Of cubic = Total Total cubic times
yards per unit cubic yards of days a week service
# Of units in complex from Service yards of service
(example: 100, 3-bedroom Needs Table service needed pe (4 yd bin X 2 days) = Number of trash
units) above needed pe week enclosures required
week
100 XOA =40 40 +8 =5
LOQistical Considerations:
. Weekly trash and food/beverage container recycling collection is the minimum requirement. All
multi-family, commercial, industrial and public facility properties may subscribe to service that is
more frequent.
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. Small Quantity Generators (SQG - curbside collection) place two or more 96-gallon or smaller
trash and recycling carts at the curb for weekly collection on their assigned collection day. These
customers also receive yard waste, bulky-item, used oil and oil filter collection services.
Therefore there must be curbside space for these containers with one and a half (11/2) feet,
approximately eighteen inches, between each cart and any stationary objects (e.g. parked cars),
on service day.
. All properties must have adequate space to accommodate bin and/or cart storage for waste and
recyclable materials separately and out of public view in-between collection days. The City
strongly recommends that commercial properties plan for no more than three collections per
week and that multi-family properties plan for no more than twice per week service. For details
on enclosure design requirements see Enclosure and Chute Design Requirements - Central
Collection.
. Twinning - design so that recycling containers are placed with each trash receptacle.
. On a mixed-use site, the Recycling and Solid Waste Management Plan generally follows the
space allocation criteria for each use category (i.e. single-family, multi-family, commercial,
curbside collection, or central collection).
. Public facilities shall implement the service category that best fits the facility use, always twinning
recycling and trash containers for ease, convenience and to minimize the contamination of
recyclable materials.
. Offices typically generate a waste stream with 40% to 60% mixed paper. Mixed paper includes:
office paper, cardboard, junk mail, magazines, telephone books, box board, etc. Carbon paper or
sinale use items such as tissues and paper towels are not recvclable and must be composted or
placed in the trash.
. If your business will consistently generate a large amount of wooden pallets, food waste, five-
gallon plastic buckets or another potentially recyclable item you may contact the City
Conservation and Environmental Services Department or Pacific Waste services for recycling
market assistance.
. Design in a manner that facilitates the following priorities: reduce, reuse. recycle, compost and
dispose.
Examples:
D Residential kitchens: Ample space for trash and recycling bins under sinks or in cabinetry
for separation of Designated Recyclables.
D Show where residents will store carts during the week on their property and where they
will be placed at the curb on collection day.
D Outdoor dining, lounge areas and public facilities: Plan for trash and Designated
Recyclables collection containers side-by-side (twinning).
D Copy and print rooms: Allow space for both trash and paper recycling containers side by
side to encourage diversion.
D Bars and dining areas: Incorporate space for recycling of all food and beverage
containers, specifically, along with other Designated Recyclables as appropriate.
D Recreation Centers and Community Pools: Plan for trash and Designated Recyclables
collection containers side-by-side (twinning.)
. Residential automated collection vehicles collect materials from the right side of the vehicle only.
. Commercial collection vehicles collect materials at the front of the vehicle.
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. If the collection truck must enter your property to service bins, the truck must be able to circulate
the parking area without backina UP. Collection vehicles have a turning radius of 37.1 ft., are
approximately 35 feet long (curbside collection bucket adds 7 feet to the length for a total of 42
feet) and 8 feet wide.
To Complete your Plan:
. Review the project design sheet that applies to your project: residential, commercial or
industrial.
. Write a thorough description of how you will implement your Recycling and Solid Waste
Management Plan through each phase of the project: pre-construction. construction. and
operation/occupancv.
. Submit your Recycling and Solid Waste Management Plan with your project application to
the Chula Vista Planning Department for approval. Include a short narrative about your plan
implementation and operation within your "Notes" on your building plans.
COMTACTS:
. For service day information or other collection clarification, contact Pacific Waste Services at
(619) 421-9400. Pacific's representative will be available to review plans for accessibility,
equipment types, do site visits and arrange for recycling services.
. Contact the City's Conservation and Environmental Services Department for
a list of construction and demolition material recycling processors and/or
service brochures for program details. Or check the City's web site at
www.chulavistaca.aov. Staff is also available to assist you with your
recycling program and your solid waste management plan (619) 691-5t22.
Recycling and Solid Waste Plans are subject to approval by the City Manager or his designee.
6
276 Fourth Ave
Chula Vista, CA 91910
lNWW.chulavistaca.aov
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CITY OF
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2 - RECYCLlMG AMD SOLID WASTE STANDARDS FOR CURBSIDE OR DOOR-TO-DoOR SERVICE FOR
SMALL QUANTITY GEMERATORS
Small Quantity Generators receive weekly recyclables, yard waste and trash collection, bulky items pick
up. used motor oil and oil filter collection services. Include in your site plan defined location(s) where the
trash, recycling and yard waste carts will be stored in-between service days, out of public view, and
where they will be placed at the curb for collection on service days.
All residential dwellings with curbside or door-to-door collection must be designed to allow for weekly
placement and collection of trash, yard waste and recycling containers at the curb.
There must be space at the curb
for a minimum of three
containers (trash, recyclables
and green waste).
approximately eighteen inches
apart, for each dwellino unit.
The City must pre-approve alley
collection.
The automated collection vehicle services the containers from the right side (curbside) of the vehicle.
Condominiums with no private landscaping can provide space for two carts (trash and recycling,
eliminating yard waste) per unit. However, condominiums must have an enclosure on the property,
sufficient for yard waste bins. to serve the common areas.
If contracting with a landscaper, your plan must demonstrate that you will require that all yard waste be
diverted for reuse, either through on-site mulching, grasscycling, a permitted compost facility or for reuse
at the landfill - not disposal. Your plan shall establish the requirement to obtain receipts from the
contractor demonstrating that the material was recycled or composted. Those receipts shall be
maintained for eighteen (18) months and be available to City staff for review upon two days notice during
regular business hours.
See the Single-family Residential Recycling Guide and Trash Service Brochure for detailed information
on all available services for single-family residential customers.
COMTACTS:
. For service day information or other collection clarification. contact Pacific Waste Services at
(6t9) 421-9400. Pacific's representative will be available to review plans for accessibility,
equipment types, do site visits and arrange for recycling services.
. The City's Conservation and Environmental Services Department may be reached at (619) 691-
5122 or conservation(a)ci.chula-vista.ca.us
Recycling and Solid Waste Plans are subject to approval by the City Manager or his designee.
7
276 Fourth Ave
Chula Vista, CA 91910
www.chulavistaca.aov
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3 - RECYCLING AND SOLID WASTE STANDARDS FOR MULTI-FAMILY COMPLEXES
CEMTRAL COLLECTIOM - BIN SERVICE
The Residential Waste Stream typically includes the following recyclables: 40% paper, 10% metal, glass
and plastic containers and 30% yard waste (apartments/condos usually generate only 7% to 15% yard
waste from common areas).
Residential services include recyclables, yard waste and trash collection and bulky item pick up. Review
the service brochures for details on each of these services and how to prepare materials for collection in
these programs.
Multi-family Housing with Central Collection
. Trash and mixed paper recycling bins and rigid container recycling carts must be in the same
enclosure(s) and must allow access without having to move other containers out of the way.
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. All bins should be placed in the enclosure out of public view. If bins are placed front-to-front, leave at
least 3 feet between bins for access. The design must provide easy access for the residents and
allow the hauler access to service bins and/or carts without moving other bins/carts out of the way.
. Design for approximately, one, 4-cubic yard bin for trash service for every 8-12 units depending on
the number of bedrooms per unit. See estimating formula in Section 1. Then add the required
recycling services for each enclosure. The City strongly recommends that you do not assume more
than twice per week collection service to limit the number of collection truck trips on your property.
. Include an enclosure of appropriate size for centralized collection of yard waste. If contracting with a
landscaper, make certain to include in your contract the requirement that all yard waste must be
diverted for reuse, either through on-site mulching, grasscycling, a permitted compost facility or for
reuse at the landfill - not disposal. Include the requirement to receive copies of receipts to verify
diversion.
. All projects with six or more units shall provide additional space that is sufficient for the free monthly
bulky collection (mattresses, appliances, furniture), free annual Holiday Tree recycling and other
periodic or seasonal events. Approximately 400 square feet is required for a complex of 40 units or
more.
8
276 Fourth Ave
Chula Vista, CA 91910
www.chulavistaca.aov
. If the collection truck must enter your property to service bins, the truck must be able to circulate the
parking area without backinG UP. Collection vehicles have a turning radius of 37.1 ft. are
approximately 35 feet long (curbside collection bucket adds 7 feet to the length for a total of 42 feet)
and 8 feet wide,
See the Multi-family service brochure for more information on residents' services.
Trash and Recycling Chutes
. If a facility plans to provide chutes, the City may require that you provide three chutes adjacent to one
another in each disposal and recycling area. One chute identified for mixed paper recyclables, one
chute identified for bottles and cans, and one chute identified for trash. Other options may be
proposed by first consulting the City's Conservation Coordinator.
. The driver must be able to service bins without moving other bins in the chute rooms.
. It is strongly recommended that you provide an enclosure(s) on site for corrugated cardboard as
boxes may clog your trash and recycling chutes. If enough space is provided, the enclosure can also
be used for free bulky collection, Holiday tree collection and other periodic or seasonal services.
CONTACTS:
. For service day information or other collection clarification, contact Pacific Waste Services at
(619) 42t-9400. Pacific's representative will be available to review plans for accessibility,
equipment types, do site visits and arrange for recycling services.
. The City's Conservation and Environmental Services Department may be reached at (619) 691-
5122 or conservation(Q)ci.chula-vista.ca.us
Recycling and Solid Waste Plans are subject to approval by the City Manager or his designee.
9
276 Fourth Ave
Chula Vista, CA 91910
www.chulavistaca.aov
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CITY OF
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4 - RECYCLlMG AMD SOLID WASTE STAMDARDS FOR COMMERCIAL AND IMDUSTRIAL BUSIMESSES- CEMTRAL
COLLECTIOM - BIM SERVICE
The Commercial Waste Stream varies by the type Df business. but typically includes the following
recyclables: 40-60% paper, 5% metal, glass and plastic containers (10%-15% for food service
businesses) and 15% yard waste (or pre-consumer food waste that can be recycled with yard waste).
. Commercial and industrial properties must have enclosure space and numbers of bins or carts
adequate to divert the Designated Recyclables generated on their property.
. Trash and recycling bins or carts must be placed in the same enclosures.
. Yard waste must be separate. Plan for adequate container volume and service intervals to divert
yard waste (tree, brush or grass trimmings) generated at your business. If contracting with a
landscaper. your plan must demonstrate that you will require that all yard waste be diverted for
reuse, either through on-site mulching, grasscycling, a permitted compost facility or for reuse at
the landfill - not disposal. Your plan shall establish the requirement to obtain receipts from the
contractor demonstrating that the material was recycled or composted. Those receipts shall be
maintained for eighteen (18) months and be available to City staff for review upon two-days
notice during regular business hours.
. Each business should allocate space, in each enclosure, for at least one mixed paper bin and
one rigid container cart along with their trash disposal service requirements.
. The City may require that the enclosure include additional space and access for other ancillary
services (i.e. restaurants-grease collection, auto repair-scrap metal collection, etc.. where
applicable).
COMPACTORS:
. Commercial compactors are not recommended for trash service. Compactors must be pre-
approved by the City's franchise hauler, Pacific Waste Services and the City Conservation and
Environmental Services Department. (See Municipal Code 9 8.24.080.6)
. A business that is using a compactor must still divert Designated Recyclables: paper, cardboard,
food and beverage containers, yard waste, clean lumber and metals, etc. (See Municipal Code
Chapter 8.25).
CONTACTS:
. For service day information or other collection clarification, contact Pacific Waste Services at
(619) 42t-9400. Pacific's representative will be available to review plans for accessibility,
equipment types, do site visits and arrange for recycling services.
. The City's Conservation and Environmental Services Department may be reached at (619) 691-
5122 or conservation(ci)ci.chula-vista.ca.us
Recycling and Solid Waste Plans are subject to approval by the City Manager or his designee.
10
276 Fourth Ave
Chula Vista, CA 91910
www.chulavistaca.aov
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5 - RECYCLlMG AND SOLID WASTE EMCLOSURE STAMDARDS
The following minimum bin and cart dimensions are to be used when designing your enclosures.
Bin Dimensions Height Depth Width
(Allow 2 inches per bin dimension for access/maneuverability)
4 cubic yards (min. size to plan for trash & mixed paper) 66" 56" 81"
5 cubic yards (larger bins provided at City/hauler discretion) 66" 68" 81"
6 cubic yards (no wheels direct truck access) 72" 70" 81"
Cart Dimensions Height Depth Width
(Allow 1 inch per cart dimension for access/maneuverability.
Dimensions are the maximum size.)
96 Gallon Carts (for Designated Recyclables. yard waste and trash) 44 36 32"
. Trash enclosures should be as far away from storm drain inlets as possible.
. All trash enclosures shall be paved with an impervious surface, designed not to allow run-on from
adjoining areas. and shall be screened or walled to prevent off-site transport of trash.
. Wheel stops for bins and carts must be configured such that they provide 8-inch bin clearance from
all three walls, 6 inches high is recommended.
. Doors must be anchored to appropriately sized steel posts (min. 2 inches by 3/t 6 gauge steel) set
independently from walls.
. Cane bolts, dropped into sleeved holes in the concrete, to hold doors in both the open and closed
position are required.
. Enclosures and/or containers within the enclosure, must have covers designed to reduce pests,
illegal disposal and exclude rain.
. The fiat reinforced concrete pad (approximately 24 feet X 12 feet, no decorative stamping or
brickwork/cobblestones) in front of the enclosure should extend beyond the enclosure to provide
sufficient space to allow:
iii The truck to stop in front of the enclosure with the front wheels resting on the concrete pad:
iii The bins to be rolled out of the enclosure and;
iii The bin to be positioned in front of the truck without moving the truck.
. There must be enough enclosures in the project to provide convenient and sufficient capacity to
handle the volume of recyclables and waste generated between collections.
. Each enclosure must be designed and sized appropriately to accommodate bins and/or carts for the
Designated Recyclables and solid waste generated on the property. All properties are required to
allocate space to recycle all Designated Recyclables .
. Enclosures must be designed so that trash, paper, rigid containers, and yard waste containers may
be accessed by the generator and serviced by the collection company without moving other bins or
11
276 Fourth Ave
Chula Vista, CA 91910
WoNW.chulavistaca.aov
carts. Recommendation: A separate pedestrian access door will save you large door repairs, prevent
illegal disposal and is safer for the generator to use.
. The City may require that the enclosure include additional space and access for other ancillary
services i.e. restaurants - grease collection, auto repair - scrap metal collection, etc. where
applicable.
. Each enclosure must be located on the site plan and the bin and carts placement inside the enclosure
clearly identified - R= mixed paper recycling; C=container recycling; Y=yard waste recycling;
W=waste or trash.
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Enclosure Location
. Reduce or eliminate the need for collection trucks to drive onto private property whenever possible.
. If you place the enclosure within 25' of the public thoroughfare, the hauler will roll bins and carts to
the street for service at no additional charge.
. The hauler is authorized to add a service surcharge if they cannot drive to within 25' of the enclosure.
. If the collection truck must enter your property to service bins the truck must be able to circulate the
parking area without backing up. Trucks are approximately 35 - 42 feet long, 8 feet wide and a have
a turning radius of 37.1 feet.
. Do not put speed bumps, stamped concrete, cobblestones or other obstacles in front of enclosures
that would impede the access of the vehicle or bin rollout. Truck and bins must be on a fiat surface
when being serviced.
. Whenever possible enclosures for apartments and condominiums should be geographically
distributed in a manner that is convenient for residents.
. Enclosures in commercial settings and public facilities should consider proximity to service doors,
traffic fiow. delivery patterns. etc.
Trash and Recycling Chutes
. If a facility plans to provide chutes, the City may require that you provide three chutes adjacent to one
another in each disposal and recycling area. One chute identified for mixed paper recyclables, one
chute identified for bottles and cans, and one chute identified for trash. Other options may be
proposed by first consulting the City's Conservation Coordinator.
. The driver must be able to service bins without moving other bins in the chute rooms.
12
276 Fourth Ave
Chula Vista, CA 91910
www.chulavistaca.aov
. It is strongly recommended that you provide an enclosure(s) on site for corrugated cardboard as
boxes may clog your trash and recycling chutes. If enough space is provided, the enclosure can also
be used for free buiky collection, Holiday tree collection and other periodic or seasonal services.
CONTACTS:
. For service day information or other collection clarification, contact Pacific Waste Services at (619)
421-9400. Pacific's representative is available to review plans for accessibility, equipment approval,
do a site visit and arrange for recycling services during all phases, construction through occupancy.
. The City's Conservation and Environmental Services Department may be reached at (619) 691-5122
or conservation[a)ci.chual-vista.ca.us.
Recycling and Solid Waste Plans are subject to approval by the City Manager or his designee.
13
276 Fourth Ave
Chula Vista, CA 9191 0
www.chulavistaca.oov
PLANNING COMMISSION AGENDA STATEMENT
Item: .:::2-
Meeting Date: 1-12-2005
ITEM TITLE:
Public Hearing: PCC-04-0n consideration of a Conditional Use Permit to
construct and operate an unmanned wireless telecommunications facility at
4340 Main Street. The applicant is Cingular Wireless.
The Applicant, Cingular Wireless, submitted a conditional use permit application to construct and
operate an unmanned wireless telecommunications facility at the Fiesta Plaza shopping center
located at 4340 Main Street (see Locator Map, Attachment I). The project includes a 60-foot
monopine supporting 12 panel antennas, and placing a 336 square foot equipment shelter behind an
existing building.
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the proposed project
qualifies for a Class 3 categorical exemption pursuant to Section 15303 of the State CEQA
Guidelines. Thus, no further environmental review is necessary.
RECOMMENDATION: That the Planning Commission adopt Resolution PCC-04-0n
approving the proposed wireless telecommunications facility, subject to conditions contained therein.
DISCUSSION:
1. Project Background
Cingular Wireless is expanding its existing wireless network throughout San Diego County. The
network consists of transmission and receiving stations, also known as wireless facilities or cell sites,
to provide wireless communication services to serve residences and businesses as well as provide
wireless connections for emergency services. Cingular Wireless in proposing a wireless facility
within the Fiesta Plaza shopping center in an effort to provide adequate wireless services to its
customers within the vicinity of Main Street and the 805 freeway.
2. Project Setting
The 2.5 I-acre project site is located immediately south of Main Street and between Melrose A venue
to the west and the Holiday Inn Express to the east, and is situated among multi-family residential
and commercial uses. The site is developed with the Fiesta Plaza shopping center, which contains a
variety of commercial and retail stores and restaurants. The wireless facility is proposed west of a
Mexican restaurant near Melrose Avenue; in particular, near the trash enclosure.
Page 2, Item:
Meeting Date: 1-12-2005
3. General Plan, Zoning and Land Use
The project is zoned Neighborhood Commercial, and has a General Plan Land Use Designation of
Commercial. The following table specifies the existing land uses surrounding the parcel:
General Plan
Zoning
Current Land Use
Site:
North:
South:
East:
West:
Commercial Retail
Medium Residential
Medium Residential
Commercial Visitor
Commercial Retail
CNP, Neighborhood Comm.
R3P13, MF Residential
R3, MF Residential
CVP, Visitor Commercial
CNP, Neighborhood Comm.
Fiesta Plaza shopping center
Multi-Family Residential
Multi-Family Residential
Holiday Inn Express
7-11 retail store
4, Project Description
Cingular Wireless proposes to construct an unmanned wireless telecommunications facility at the
Fiesta Plaza shopping center. The wireless facility consists of a 60-foot tall monopole designed to
resemble a pine tree. The "monopine", which is designed to support 12 panel antennas, will be
located at the west end of the center (see Project Plans, Attachment 5). The facility also includes a
336 square foot equipment shelter that will be placed behind the southerly in-line shops building,
near the southern property line. The shelter is designed to emulate the architectural features of the
existing buildings in the center including color, material and design.
5, Staff Analysis
In accordance with Section 19.89 of the Chula Vista Municipal Code, wireless telecommunications
facilities are al10wed in any zone, but monopoles or monopines that exceed the height limit within
the particular zone require approval of a Conditional Use Permit by the Planning Commission. The
project site is zoned CN (Neighborhood Commercial), which has a maximum height limit of35 feet.
The 60-foot tall monopine exceeds the maximum height limit by 25 feet.
The equipment shelter location is proposed at the south property line (rear yard). The shelter is
setback eight feet from this line. The project site is near a residential zoned property to the south,
separated by an alley. Section 19.34.060 of the C-N zone requires the structures on properties
adjacent to a residential zoned property to maintain a IS-foot rear yard setback, where halfthe width
of the alley can be used to as a portion of the rear yard to measure the setback, therefore, the shelter
meets the IS-foot setback requirement.
Why is the proposed height the ollly technologically feasible optioll for providillg service to the
area?
The proposed facility is designed to provide coverage for customers in the vicinity of Main Street
and the 805 freeway. The goal of the facility is to provide a signal that would reach signals
gcnerated by other existing Cingular wireless facilities in the area (see Radio Signal Coverage Maps,
Page 3, Item:
Meeting Date: 1-12-2005
Attachment 3). Cingular Wireless radio engineers have deternlined that in order to meet the goal,
the proposed 60-foot tall monopine and 12 antennas are necessary to ensure that the radio signals
reach the other signals in the area to provide uninterrupted coverage. Also, this taller facility with
multiple antennas means less cellular facilities in the area.
Does the facility use the slnallest practical devices alld most efficient technology needed to achieve
the needs of the network?
The facility will use a total of 12 panel antennas mounted on a 60-foot high monopine, and a 336
square foot equipment shelter that will provide the necessary connections to operate the facility.
This facility has been designed and located to meet the current and anticipated needs of the Cingular
Wireless network in the area. According to Cingular Wireless engineers, this facility uses the
smallest practical devises, and the most efficient technology available.
Has the facility beell desiglled utilizillg stealth technology to be visually unobtrusive and to blend
with the surrounding envirollmellt?
The facility includes a monopole that resembles a pine tree to conceal the antennas. This stealth
design (monopine) will be located near the existing pine and eucalyptus trees. The equipment shelter
is designed to match the design features of the existing buildings. This stealth design facility
provides visual compatibility within the context of the shopping center; therefore, the project design
complies with the City's design standards for facility stealthing (see Visual Analysis, Attachment 4).
Was there a good faith effort to co-locate the Cingular facility? Why not to co-locate? Were
additional co-locatioll sites cOllsidered?
Cingular attempted to locate on the sign tower for the Holiday Inn Express Motel east of the
shopping center, but another carrier had already located their facility there. Cingular considered two
other alternative locations, which included the 7-11 store across Melrose Avenue and the
surrounding residential areas. Cingular stated that the 7-11 site was too small of an area to construct
a stealth wireless facility and that locating such a facility in residential areas is not desirable.
Is there all opportunity for co-location at the proposed facility?
Cingular Wireless has designed the monopine to accommodate co-location in the event that another
carrier needs to establish a cell site in the vicinity.
Conclusion
The wireless facility at the proposed location will provide a necessary service by improving wireless
cell phone service to customers in the vicinity of Main Street and the 805 freeway, which includes,
residents, businesses and cmergency service providers. Additionally, in the event of a natural
disaster or other emergency situation whereby traditional phone service may be interrupted, the
proposed facility would allow wireless telecommunications phones to continue operating. The
wireless facility will help accommodate the communication needs in the area. It is a passive use and
Page 4, Item:
Meeting Date: 1-12-2005
therefore, will not adversely affect the policy and goals ofthe General Plan. Staff recommends that
the Planning Commission approve the project subject to the conditions in the attached Planning
Commission Resolution.
Attachments
I Locator Map
2. Planning Commission Resolution
3. Radio Signal Coverage Maps
4. Visual Analysis
S. Project Plaus
6. Disclosure Statement
J:\Planning\Mlchael\PCC Reports\PCC 04-072
ATTACHMENT 1
(Locator Map)
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C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANT: Cingular Wireless CONDITIONAL USE PERMIT
PROJECT 4340 Main Street
ADDRESS: Request: Proposal to install a 60' high faux tree and
, 12' x 28' support equipment shelter.
SCALE. FILE NUMBER:
NORTH No Scale PCC-04-072 Related cases: IS-04.031
J :\planning\carlos\locators\pcc0.4072.cdr 06.24.04
ATTACHMENT 2
(Resolution)
RESOLUTION NO. PCC-04-0n
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA APPROVING CONDITIONAL USE
PERMIT, PCC-04-0n, TO CONSTRUCT AN UNMANNED
WIRELESS TELECOMMUNICATIONS FACILITY FOR
CINGULAR WIRELESS AT 4340 MAIN STREET.
WHEREAS, the area of land owned by the Gueval Investments, L.P., more commonly
known as Fiesta Plaza, is the subject matter of this resolution, and is represented in Exhibit "A"
attached hereto and incorporated herein by this reference; and for the purpose of general description
is 2.51 acres of property located at 4340 Main Street ("Project Site"); and,
WHEREAS, on Junc 14,2004, a duly verified application for a Conditional Use Permit
(PCC-04-072) was filed with the City of Chula Vista Planning Division by Cingular Wireless
("Applicant"); and,
WHEREAS, Applicant requests permission to construct an unmanned wireless
telecommunications facility consisting of one 60-foot-high monopine to support 12 antenna arrays
and place a 336 square foot equipment shelter behind an existing building on-site ("Project"); and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has determined that the project
qualifies for a Class 3 categorical exemption pursuant to Section 15303 of the State CEQA
Guidelines and, thus, no further environmental review is necessary; and,
WHEREAS, a duly called and noticed public hearing was held at the time and place as
advertised on January 12, 2005, at 6:00 pm in the City Council Chambers, 276 Fourth Avenue,
before the Planning Commission ofthe City ofChula Vista to receive the recommendation of City
staff and to hear public testimony with regard to the Project, and said hearing was thereafter closed.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission does hereby find,
determine and resolve as follows:
1. That the proposed use at this location is necessary or desirable to provide a service or facility
which will contribute to the general well being of the neighborhood or the community,
The proposed use will provide and improve wireless telecommunication services in the vicinity of
Main Street and the 805 Freeway. The project will also improve coverage and capacity for
business users and personal use, and emergency scrvice providers including sheriff, police, fire, and
paramedics.
2. That such use will not uuder the circumstances of the particular case he detrimental to the
health, safety or general welfare of persons residing or working in the vicinity or injurious to
property or improvements in the vicinity,
The proposed telecommunications facility has been designed and located to minimize impacts to
surrounding uses. The proposed 60-foot high monopine will be situated at the west end of the
property near Melrose Avenue. The equipment shelter will be located behind the existing building
near the south property line. The Project, if maintained properly, will comply with all FCC
standards for radio frequency emissions and operate quietly, emitting no fumes, smoke, dust, or
objectionable odors.
3. That the proposed use will comply with the regulations and conditions specified in the code
for such use.
Granting ofthis conditional use permit is conditioned to require the permittee and property owner
to fulfill conditions and to comply with all applicable regulations and standards specified in the
Municipal Code for such use, including the City's Wireless Ordinance. That the Ordinance
generally allows wireless facilities in all zoning districts with a conditional use permit. The
proposed use will be built in such a way that complies with the Wireless Ordinance's development
criteria and all other City zoning and building regulations. Furthermore, the conditions of this
permit are approximately in proportion to the nature and extent ofthe impact created by the project
in that the conditions imposed are directly related to, and of a nature and scope related to the size
and impact of the project.
4. That the granting ofthis Conditional Use Permit will not adversely affect the General Plan of
the City or the adopted plan of any government agency.
The granting ofthis conditional use permit will not adversely affect the Chula Vista General Plan in
that said Project is a passive use and, therefore will not adversely affect the policy and goals of the
General Plan. The proposed use will be built in a location with minimal impact on the existing
land use, and relatively no visual impact to the area due to the stealth design of the monopine and
its inclusion among the existing vegetation. Monthly maintenance visits that the project may
generate will not result in the intensification ofthe use ofthe site and is an insignificant increase in
the traffic for the neighborhood.
BE IT FUTHER RESOLVED THAT the Planning Commission of the City ofChula Vista
hereby grants Conditional Use Permit PCC-04-072 subject to the following conditions, whereby the
applicant and/property owner, prior to issuance of building permits shall:
A. Obtain a permit to install a back-up generator for emergency power. The generator specifications
and location shall be reviewed and approved by the Fire Marshall.
B. Limits of trenching shall stay outside of existing planter area as shown along the narrow most-
southern planter arca of the site plan. Provide a separate landscape plan that shows existing
landscaping and proposed restoration of planter areas. A note shall be placed on the landscape plan
Page 2
stating that any landscape planter area being displaced by this work shall be restored in equal or
better manner. All landscape plan submittals shan satisfy the requirements of the City Landscape
Manual.
C. The project shan comply with the following codes: 2001 California Building Code; 200 I California
Electrical Code; and provide a one-hour rated wan for the equipment shelter. The project shall
meet Seismic zone 4; wind speed 70 mph exposure C requirements. Also submit a soils report and
structural calculations.
D. A graffiti resistant treatment shall be specified for the monopine trunk and equipment shelter
surfaces. This shall be noted on any building and wan plans and shall be reviewed and approved by
the Director of Planning and Building prior to issuance of building permits. Additionally, the
project shall conform to Sections 9.20.055 and 9.20.035 of the CVMC regarding graffiti control.
II, Prior to Final Inspections:
A. A final inspection ofthe facility shall be conducted by the Department of Planning and Building to
ensure that an conditions of approval have been met and an necessary permits have been obtained.
E1ectrical power to the facility shall not be enabled prior to issuance of a final occupancy permit,
unless such power is needed to test the facility's operation during construction and installation. If
enabled for testing purposes, electrical power shall be disabled once testing is complete.
B. Construct and maintain the project as shown on the plans dated December 23,2004.
C. Provide a minimum of one 2AIOBC fire extinguisher on the equipment shelter.
D. E1ectrical service connections and the locations of related components such as meters and
transformers shall be coordinated with the sites electrical utility provider and a City ofChula Vista
Electrician prior to issuance of building permit. Disruption of existing site improvements and
facilities, including site landscaping improvements, resulting from the installation of said electrical
services shall be replaced/repaired in kind subject to the appropriate City approval(s).
E. Remove and replace broken sidewalk/driveway along roadway frontages. Remove existing
driveways and replace with Chula Vista Construction Standard CVCS-l driveways in order to
provide pedestrian access route in compliance with ADA standards (i.e., maximum 2% sidewalk
cross-slope and 4 feet-wide sidewalk through driveway area).
F. Implement Best Management Practices (BMPs) to prevcnt pollution of storm drainage systems
during and after construction.
III, Continuous Conditions:
A. Remain in compliance with ANSI standards for EMF emissions. Within six (6) months of the
Building Division final inspection of the project, the Applicant shall submit a project
implementation report to the Director of Planning and Building which provides cumulative field
Page 3
measurements of radio frequency (EMF) power densities of all antennas installed at subject site.
The report shall quanti fy the EMF emissions and compare the results with currently accepted ANSI
standards. Said report shall be subject to review and approval by the Director of Planning and
Building for consistency with the project proposal report and the accepted ANSI standards. If on
review the City in its discretion finds that the Project does not meet ANSI standards, the City may
revoke or modify this conditional use permit.
B. Agree to cooperate with other telecommunication companies in co-locating additional antennas on
subject property, provided said co-locaters have received a conditional use permit for such use at
said site from the City. The Applicant shall exercise good faith in co-locating with other
communications companies and sharing the subject property, provided such shared use does not
give rise to a substantial technical level or quality of service impairment of the permitted use (as
opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether
the AppJicant has exercised good faith in accommodating other users, the City may require a third
party technical study at the expense of either or both the Applicant and the potential user.
C. Ensure that the project does not cause localized interference with reception of area television or
radio broadcasts, including local radio frequencies used by local school districts and water districts.
If on review the City, in its discretion, finds that the project interferes with such reception, the City
may revoke or modify the conditional use permit.
D. Comply with the City's Municipal Code noise standards. Within three (3) months of the Building
Division's final inspection, the applicant shall submit a report to the Director of Planning and
Building that provides cumulative field measurements of facility noises. The report shall quantify
the levels and compare the results with current standards specified in the Municipal Code for
industnal uses. Said report shall be subject to review and approval by the Director of Planning and
Building for consistency with the project proposal dated July 30, 2003, and Municipal Code noise
standards. If on review the City finds that the project does not meet the Municipal Code noise
standards, the City may revoke or modify the permit.
E. Allow the site to be inspected six months subsequent to the issuance of building permits to check
conformance with project plans and conditions of approval.
F. This conditional use pennit shall be subject to any and all new. modified or deleted conditions
imposed after approval of this permit to advance a legitimate governmental interest related to
health, safety or welfare which the City shall impose after advance written notice to the Permittee
and after the City has given to the Pernlittee the right to be heard with regard thereto. However, the
City, in exercising this rcserved right/condition, may not impose a substantial expense or deprive
Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of
the use permitted, be expected to economically recover.
G. This permit shall expire five (5) years after the date of its approval by the Planning Commission.
After this period, the Zoning Administrator shall review this conditional use permit for compliance
with the conditions of approval, and shall detemJine, in consultation with the applicant, whether the
project shall be modified from its original approval.
Page 4
H. This conditional use permit shall become void and ineffective ifnot utilized or extended within the
time allotted in Section 19.14.260 of the Municipal Code.
1. Ifthe telecommunications facility is no longer needed at the approved location, the Applicant shall
remove the facility from the site and restore the site to its pre-exiting condition.
J. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless
City, its Council members, officers, employees, agents and representatives, from and against any
and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys'
fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's
approval and issuance ofthis conditional use permit, (b) City's approval or issuance of any other
permit or action, whether discretionary or non-discretionary, in connection with the use
contemplated herein, and (c) applicant's installation and operation of the facility permitted hereby,
including, without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. Applicant/operator shall acknowledge
their agreement to this provision by executing a copy of this conditional use permit where
indicated, below. Applicant's/operator's compliance with this provision is an express condition of
this conditional use permit and this provision shall be binding on any and all of
Applicant's/operator's successors and assigns.
IV, EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines provided
below, said execution indicating that the property owner and applicant have each read, understood
and agreed to the conditions contained herein, and will implement same. Upon execution, this
document shall be recorded with the County Clerk ofthe County of San Diego, at the sole expense
of the property owner and/or applicant, and a signed, stamped copy returned to the City's Planning
and Building Department. Failure to return the signed and stamped copy ofthis recorded document
within 10 days of recordation shall indicate the property owner/applicant's desire that the project,
and the corresponding application for building permits and/or a business license, be held in
abeyance without approval.
Signature of Property Owner
of 4340 Main Street
Date
Signature of Applicant
Date
V. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or ifthey are, by their terms, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and maintained according
Page 5
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. Failure to satisfy the conditions of this permit may also result in the imposition of civil
or criminal penalties.
VI. INVALIDITY; AUTOMATIC REVOCATION
lt is the intention of the Planning Commission 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, provisions or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be
deemed to be automatical1y revoked and of no further force and effect ab initio.
APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA. CALIFORNIA, this 12th
day of January 2005, by the fol1owing vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Marco P. Cortez, Chair
ATTEST:
Diana Vargas, Secretary
J\Planning\Michael\PCC-04-0n Reso
Page 6
A TT ACHMENT 6
(Disclosure Statement)
P I ann
n g
& Building Department
Planning Division I Development Processing
atY OF
CHUlA VISTA
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information
must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the application or the
contract, e.g., owner. applicant. contractor, subcontractor. material supplier.
GUEVAL INVESTMENTS, loP.
CINGULAR WIRELESS
BECHTEL
VELOCITEL
2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all Individuals with
a $2000 investment in the business (corporation/partnership) entity.
J. JESUS G GUERRERO
CAROLINA V. GUERRERO
3. If any person" identified pursuant to (1) above is a non-profit organization or trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust
4. Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter.
LAND USE CONSULTANTS
5. Has any person" associated with this contract had any financial dealings with an official"" of the City of Chula
Vista as it relates to this contract within the past t2 months. Yes_ No-X-
If Yes, briefly describe the nature of the financial interest the official"" may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No.!. Yes _If yes, which Council member?
276 Fourth Avenue
ChuLa Vista
Ca.lifornia
9191U
(619) 691.5101
P I ann
n g
&
Building
Planning Division I
Department
Development Processing
CITY OF
CHULA VISTA
APPLICATION APPENDIX B
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the
past twelve (12) months? (This includes being a source of income, money to retire a legal debt. gift, loan, etc.)
Yes_ No~
If Yes, which official" and what was the nature of item provided?
Date:
5-12-04
~-<d-
S gnature of Contractor/Applicant
/ DOUG MUNSON
type name of Contractor/Applicant
Printer
Person is defined as: any individual, firm. co-partnership, joint venture, association, social club, fraternal
organization, corporation. estate, trust. receiver, syndicate, any other county, city. municipality, district, or other
political subdivision. -or any other group or combination acting as a unit.
..
Official includes. but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commission, or committee of the City. employee, or staff members.
276 Fourth Avenue
Chula Vista
California
91910
(619) 691-5101
PLANNING COMMISSION AGENDA STATEMENT
Item:?
Meeting Date: 1-12-2005
ITEM TITLE:
Public Hearing: Consideration of a Conditional Use Permit, PCC-04-070,
for Cingular Wireless to construct a wireless telecommunications facility
at 545 East Naples Street.
Cingular Wireless is requesting permission to install twelve antennas on church property at 545
East Naples Street (see Locator). The project will consist of the construction of a fake tree
(monopine), fifty feet in height, intended to conceal the antennas. Also proposed is the
construction of a 12' by 28' power equipment shelter on the church property.
Thc Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the proposed project
qualifies for a Class 3 (new construction or conversion of small structures) categorical exemption
pursuant to Section 15303 of the State CEQA Guidelines. Thus no further environmental review
IS necessary.
BACKGROUND:
The church property where the project is located, is on East Naples Street, just east of Hilltop
Drive. The church itself closest to East Naples Street, with parking to the east and north (rear) of
the sanctuary.
Nextel Corporation applied to install four antennas on this site approximately five years ago, and
their application was approved. It was decided to conceal the antennas inside a bell tower, which
is located slightly to the northeast of the church building. Nextel's radio and power equipment is
located behind a fence, directly north of the building. This application was approved because the
antennas had been well-concealed inside an attractive structure.
The fake tree, which will conceal the new antenna installation is proposed to be constructed
much further north of the church, with their equipment installation being immediately north of
the existing equipment installation. Some attempt has been made to conceal the equipment
building behind landscaping, and the intent is to make the structure as unobtrusive as possible in
both color and design.
An extensive effort has been made to provide screening landscape materials at some distance to
Page 2 ,Item:
Meeting Date: 1-12-2005
the north. The row of35'-0" tall trees and 15- and 5-gallon shrubs should be successful in
further concealing both the existence of this single large tree form and the electronic equipment
concealed therein from neighboring properties.
RECOMMENDATION: That the Planning Commission adopt Resolution PCC-04-070
approving the proposed installation of antennas inside the tree form, along with the radio and
power equipment shelter and associated screening landscaping.
DISCUSSION:
I. Site Characteristics
The project site is located at 545 East Naples Street, currently the location of an existing
church building, along with an existing Sunday-school building immediately to the east of
the church building.
Approximately four years ago Nextel Corporation concealed four antennas inside a bell
tower, located slightly to the northeast of the church building. Nextel's radio and power
equipment is located behind a fence, directly north of the building. This application was
approved because the antennas were well-concealed inside a structure which is the most
attractive feature on site.
The parcel is bordered by existing residential developments to the east, south, and north,
and to the west is another church building.
2. General Plan, Zoning and Land Use
The project is located in the Single Family Residential (R-I) zone, and has a General Plan
Land Use Designation of Low-Medium Residential (RLM). The following table specifies
the types ofland uses surrounding the project site:
General Plan
Zoning
Current Land Use
Site:
North:
South:
East:
Single Family Residential
Single Family Residential
Single Family Residential
Single Family Residential
R-l
R-l
R-I
R-I
Church
Single Family Residences
Single Family Residences
Single Family Residences
Page 3, Item:
Meeting Date: 1-12-2005
West:
Single Family Residential
R-I
Church
3. Proposal
Cingular Wireless proposes to construct a fifty-foot tall fake (monopine) tree to enclose
and conceal twelve antennas. To conceal and ameliorate the view of this tree a
landscaped insert into the parking lot is proposed, consisting of four 35- foot tall trees and
other landscaping materials. Also as a part of this application Cingular Wireless intends
to construct a 12' by 28' radio and power equipment shelter immediately to the south of
the tower (see Site Plan of Attachment ).
ANALYSIS:
In accordance with Section 19.89 of the Chula Vista Municipal Code, a Conditional Use Permit
approved by the Plmming Commission is required for wireless telecommunications facilities
located within a property located in a residential zone and exceeding the height limits of that
zone.
This church is located in the middle of a large residential area. That area extends as far west as
Hilltop Drive, as far north as Telegraph Canyon Road, and as far east as the I-80S Freeway. In
this area there are only residences, churches and schools, with a small shopping center
immediately to the northwest. To the south the area is not as consistently residential, but parcels
are considerahly smaller. All commercial parcels within a reasonable distance to this particular
area would not provide the same opportunities to screen the antennae from view. Therefore the
possibility oflocating this antenna other than in or very close to this residential area is quite slim.
The church in question is on one of the larger parcels in the vicinity, presenting the opportunity
to screen the equipment.
The site plan indicates that landscaped screening of the wireless equipment has been successfully
handled, with two planting areas in addition to the fake tree. Staffs greatest concern was of the
view of the overly-tall (at a maximum height of fifty-five feet) tree-representation, placed as
originally proposed, some distance behind the existing church building, which is only slightly
taller than twenty feet. A row of single-family homes is at a distance of no more than 120 feet
from the wireless installation, and no residence exceeds a height of twenty-four feet, with the
majority little more than eighteen feet tall.
The applicant proposes to limit the view of the fake tree from the single-family residences. A
'line of sight' from a point fifteen feet above the finished floor of the residences located to the
north has been drawn. This diagram was used to locate a stand of four aleppo pine trees at a
Page 4, Item:
Meeting Date: 1-12-2005
distance of approximately fifty feet from the tree-representation. The "line of sight" clearly
indicates that the placing of the minimum thirty-five foot tall aleppo pines in that specific
location will adequately block the view of the fake tree. Additionally, other vegetation, including
IS-gallon hopseed bushes around the installation and equipment structure, will further block
views of the tree-simulation.
If one assumes that it is necessary to locate these antennas in this specific area at a height of at
least forty-eight feet above ground level, which the applicant has indicated is necessary, this
installation appears to be the best possible solution. The coaxial cable connecting the radios to
the antennas will be run underground from the shelter and up through the trunk of the immitation
tree. The applicant has insisted that the shelter must be enclosed by a six-foot tall chain link
fence, but staff believes that this feature can be eliminated. Staff has suggested that the
simulated tree should not be fenced, but instead should be protected at its base by landscape
materials. The applicant has agreed that the "tree" does not need to be fenced. It is likewise
believed that landscaping materials and significant locks should provide sufficient protection for
the shelter.
The applicant sent out initial notices to all neighbors at a distance of five hundred feet from this
installation, inviting them to a meeting to discuss the installation with both City staff and the
applicant's representative. Of the more than one hundred such notices that were sent out, only
three residents attended the meeting, although it was held in the evening and located at the
church facility where the installation is planned. Of the three residents attending, only one was
initially concerned that this installation might have a negative affect on her property. By the end
of the "question and answer" period, which was, in staffs opinion, dealt with in a fully
straightforward and honest way, none of the attending neighbors had any concerns.
lt should be mentioned that since the time of the meeting, one additional neighbor has contacted
City staff, expressing some concern about the installation. The applicant was asked to contact
the neighbor, and she was asked to indicate to City staff if she continued to have concerns. Since
that time no further calls have been received, and the neighbor has failed to respond to two phone
messages. It has therefore been assumed by City staff that all neighborhood concerns have been
addressed by the applicant.
The installation of wireless antennas at this location will provide an increased amount of
necessary and desirable service to the residents and businesses of Chula Vista. The structure will
provide a useful feature on this site and an adequate effort has bcen made to screen this
installation from passers-by and neighbors of the property by providing extensive landscaping.
Page 5, Item:
Meeting Date: 1-12-2005
The proposed use is consistent with the General Plan of the city. This proposed communication
installation will help accommodate the needs of residents throughout the South Bay, as well as
the western portion of the City and it is generally a passive use and therefore will not adversely
affect the policy and goals of the General Plan.
Issuance of a Conditional Use Permit., as conditioned, will be in substantial compliance with the
municipal code.
CONCLUSION:
Staff believes that this request meets the findings required for its granting and recommends
approval of the proposed conditional use permit in accordance with the attached Planning
Commission Resolution.
Attachments
I. Locator Map
2.. Planning Commission Resolution PCC-04-070
3 Project Plans (Site Plan, Elevations)
4. Disclosure Statement
J. \Plannin~ANN\PCC\Staff Rep0r1S1PCC04070, StfRpt. doc
RESOLUTION NO, PCC-04-070
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA APPROVING A CONDITIONAL USE
PERMIT PCC-04-070 TO CONSTRUCT A WIRELESS
TELECOMMUNICATIONS FACILITY AT 545 EAST NAPLES
STREET - CINGULAR WIRELESS
WHEREAS, on June 1,2004 a duly verified application for a Conditional Use Permit
(PCC -04-070) was filed with the City Of Chula Vista Planning and Building Department on
behalf of Cingular Wireless ("Applicant"); and
WHEREAS, said application requests permission to install and operate a wireless
telecommunications facility consisting of sixteen panel antennas located on an 55' -0" immitation
tree, along with an eight-foot high 28'-0" by 12'-0" equipment enclosure and associated
landscaping on the Project Site ("Project"); and
WHEREAS, the area ofland owned by thePark Hill United Methodist Church, is the
subject matter of this resolution, and is represented in Exhibit A attached hereto and incorporated
herein by this reference; and for the purpose of general description is 3.86 acres of property at
545 East Naples Street, with a land use designation of Residential Low/Medium (RLM) and a
zone of Single Family Residential (R-I) ("Project Site"); and
WHEREAS, the Environmental Review Coordinator has reviewed the proposal for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
Project qualifies for a Class I categorical exemption pursuant to Section 1530 I of the State
CEQA Guidelines, thus no further environmental review is necessary; and
WHEREAS, a duly called and noticed public hearing was held at the time and place as
advertised on January 12,2005 in the Council Chambers, 276 Fourth Avenue before the
Planning Commission to receive the recommendation of City staff and to hear public testimony
with regard to the Project, and said hearing was thereafter closed.
WHEREAS, the Planning Commission of the City ofChula Vista does hereby make the
findings required by the City's rules and regulations for the issuance of conditional use permits,
as herein below set forth, and sets forth. there under, the evidentiary basis that permits the stated
finding to be made.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Chula Vista does hereby find, determine and resolve as follows:
1. That the proposed use at this location is necessary or desirable to provide a service
or facility which will contribute to the general well being of the neighborhood or the
community,
Resolution PCC 04-070
Page 2
The proposed use at this location will provide and improve service in this section of the
community. Improved coverage and capacity for this system will ensure availability to
business users, personal users, and emergency service providers (including sheriff, police,
fire, and paramedics), thus enhancing emergency service and response.
2, That such use will not under the circumstances of the particular case be detrimental
to the health, safety or general welfare of persons residing or working in the vicinity
or injurious to property or improvements in the vicinity.
The proposed use will not be detrimental to the health, safety or general welfare to the
general public, or be injurious to property or improvements in the vicinity. The design of
this proposal reduces the impact that a new site may potentially have by using stealth
designs and integrating the facility into an existing church property. The Federal
Communications Commission regulates the radio frequency emissions of the antennas
and the facility will comply with those standards. The facility will operate quietly and
normally does not emit fumes, smoke, dust, or objectionable odors.
3, That the proposed use will comply with the regulations and conditions specified in
the code for such use,
This granting of this Conditional Use Permit PCC-04-070 is conditioned to require the
permittee and property owner to fulfill conditions and to comply with all applicable
regulations and standards specified in the Municipal Code for such use, including the
City's Wireless Ordinance. Currently, that Ordinance generally allows wireless facilities
in all zones, but requires a conditional use permit. The proposed use is to be built in such
a way that complies with the Wireless Ordinance's development criteria and all other
City zoning and build regulations. Furthermore, the conditions of this permit are
approximately in proportion to the nature and extent of the impact created by the
proposed development in that the conditions imposed are directly related to and of a
nature and scope related to the size and impact of the Project.
4. That the granting of this Conditional Use Permit will not adversely affect the
General Plan ofthe City or the adopted plan of any government agency,
The granting of this permit will not adversely affect the Chula Vista General Plan in that
said Project is a relatively passive use, and therefore, will not adversely affect the policy
and goals of the General Plan. The proposed use is to be built in a location with minimal
impact on the already existing land use, and relatively no visual impact on the existing
area due to the stealth design of incorporating into concealing facilities on the Project
Site. Monthly maintenance visits that the Project may generate will not result in the
intensification of the use of the Project Site and is an insignificant increase in the traffic
for the neighborhood.
BE IT FURTHER RESOLVED that the Planning Commission of the City ofChula Vista
hereby grants Conditional Use Permit PCC-04-070 subject to the following conditions, whereby
the Applicant and/or property owners shall:
Resolution PCC 04-070
Page 3
PLANNING & BUILDING DEPARTMENT CONDITIONS
I. Construct and maintain the Project as shown or described in the conceptual plans,
applications, elevations, photo simulations and other exhibits approved by the Planning
Commission.
2. Obtain all required building permits in compliance with the 2001 Energy, Handicapped
Accessibility, California Building Code, California Plumbing Code, California
Mechanical Code and California Electrical Code requirements, as well as all conditions
of approval of the City of Chula Vista Fire and Engineering Departments.
3. The equipment shelter must be designed with colors and materials to match existing
structures at the Project Site and the design shall be entirely in accordance with the plans
as approved at the Planning Commission meeting, with the exception that no chain link
fence shall be installed as part of this construction, and shall not be installed at any time
in the future.
4. Prior to the installation of the imitation tree, the antennas and construction of the
associated equipment building, the applicant and the property owner shall provide a
maintenance agreement to the Director of Planning and Building to ensure that a
responsible party has been agreed upon for all maintenance repairs, replacement or
upgrade of said improvements for the life of the Project. Failure to maintain the Project
Site to the satisfaction of the Director of Planning and Building shall be grounds for
revocation of this Conditional Use Permit.
5. A graffiti resistant treatment shall be specified for all wall and building surfaces. This
shall be noted on any building and wall plans and shall be reviewed and approved by the
Planning Director prior to issuance of building permits. Additionally, the Project shall
conform to Sections 9.20.055 and 9.20.035 of the C.V.M.C. regarding graffiti control.
6. Ensure that the Project does not cause localized interference with reception of area
television or radio broadcasts, including local radio frequencies used by local school
districts and water districts. If on review the City, in its discretion, finds that the Project
interferes with such reception, the City may revoke or modify the conditional use permit.
7. Comply with the City's Municipal Code noise standards, including those found in
Chapter 19.89. Within three (3) months ofthe Building Division's final inspection, the
Applicant shall submit a report to the Director of Planning and Building that provides
cumulative field measurements of facility noises. The report shall quantify the levels and
compare the results with current standards specified in the Municipal Code. Said report
shall be subject to review and approval by the Director of Planning and Building for
consistency with the Project proposal dated June 1,2004 and Municipal Code noise
standards. If on review the City finds that the Project does not meet the Municipal Code
noise standards, the City may revoke or modify the permit.
8. Electrical service connections and the locations of related components such as meters and
transformers shall be coordinated with the site's electrical utility provider prior to
issuance of building permit. Disruption of existing site improvements and facilities,
Resolution PCC 04-070
Page 4
including site landscaping improvements, resulting from the installation of said electrical
services shall be replaced/repaired in kind subject to the appropriate City approval(s).
9. Prior to issuance of a final occupancy permit and operation of the wireless
telecommunication facility, a final inspection of the facility shall be conducted by the
Department of Planning and Building to ensure that all conditions of approval have been
met and all necessary permits have been obtained. Electrical power to the facility shall
not be enabled prior to issuance of a final occupancy permit, unless such power is needed
to test the facility's operation during construction and installation. If enabled for testing
purposes, electrical power shall be disabled once testing is complete.
10. Cooperate with other telecommunication companies in collocating additional antennas on
Project Site, provided said co-locaters have received a conditional use permit for such use
at said Site from the City. Permittee shall exercise good faith in co-locating with other
communications companies and sharing the subject property, provided such shared use
does not give rise to a substantial technical level or quality of service impairment of the
permitted use (as opposed to a competitive conflict or financial burden). In the event a
dispute arises as to whether Permittee has exercised good faith in accommodating other
users, the City may require a third-party technical study at the expense of either or both
the Permittee and the potential user.
11. Comply with ANSI standards for EMF emissions. Within six (6) months of the Building
Division final inspection ofthe Project, the Applicant shall submit a project
implementation report to the Director of Planning and Building which provides
cumulative field measurements of radio frequency (EMF) power densities of all antennas
installed at Project Site. The report shall quantify the EMF emissions and compare the
results with currently accepted ANSI standards. Said report shall be subject to review
and approval by the Director of Planning and Building for consistency with the project
proposal report and the accepted ANSI standards. If on review the City in its discretion
finds that the Project does not meet ANSI standards, the City may revoke or modify this
conditional use permit.
12. This permit shall be subject to any and all new, modified or deleted conditions imposed
after approval of this permit to advance a legitimate governmental interest related to
health, safety or welfare which the City shall impose after advance written notice to the
Permittee and after the City has given to the Permittee the right to be heard with regard
thereto. However, the City, in exercising this reserved right/condition, may not impose a
substantial expense or deprive Permittee of a substantial revenue source which the
Permittee cannot, in the normal operation of the use permitted, be expected to
economically recover.
13. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold
harmless City, its Council members, officers, employees, agents and representatives,
from and against any and all liabilities, losses, damages, demands, claims and costs,
including court costs and attorneys' fees (collectively, "liabilities") incurred by the City
arising, directly or indirectly, from (a) City's approval and issuance of this conditional
use permit, (b) City's approval or issuance of any other permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
Resolution PCC 04-070
Page 5
(c) Applicant's installation and operation of the facility permitted hereby, including,
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. Applicant/operator shall
acknowledge their agreement to this provision by executing a copy of this conditional use
permit where indicated, below. Applicant's/operator's compliance with this provision is
an express condition of this conditional use permit and this provision shall be binding on
any and all of Applicant's/operator's successors and assigns.
14. Allow the Project Site to be inspected six months subsequent to the issuance of building
permits to check conformance with Project plans and conditions of approval.
15. This Conditional Use Permit shall become void and ineffective if not utilized or extended
within the time allotted in Section 19.14.260 of the Municipal Code.
16. Any violations of the terms and conditions of this permit may result in the imposition of
civil or criminal penalties and/or the revocation or modification of this permit.
17. The General Services Division of the Engineering Department requires that sunken and
broken sidewalk/driveway shall be replaced, and easterly driveway shall be removed and
replaced per Chula Vista Construction Standard CVCS-I in order to provide ADA-
compliant pedestrian access route (i.e. two-percent maximum cross-slope and four foot
wide sidewalk through driveway area). Structural best management practices shall be
implemented to pre-treat urban runoff prior to discharge to public stormwater conveyance
systems.
18.
EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
[Re-number conditions]
25. The property owner and the applicant shall execute this document by signing the Jines
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/or applicant, and a signed, stamped copy
returned to the City's Planning and Building Department. Failure to return a signed and
stamped copy of this recorded document within ten days of recordation to the City Clerk
shall indicate the property owner/applicant's desire that the project, and the
corresponding application for building permits and/or a business license, be held in
abeyance without approval. Said document will also be on file in the City Clerk's Office.
Resolution PCC 04-070
Page 6
Signature of Property Owner
Date
Signature of Applicant
Date
CONSEQUENCE OF FAILURE OF CONDITIONS
26. If any of the foregoing conditions fails to occur, or ifthey 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. Failure
to satisfy the conditions ofthis permit may also result in the imposition of civil or
criminal penalties. Developer or a successor in interest gains no vested rights by the
City's approval of this Resolution.
INY:4LIDITY, AUTOMATIC REVOCATION
27. It is the intention of the Planning Commission 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, provisions or conditions are
determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable,
this resolution and the permit shall be deemed to be automatically revoked and of no
further force and effect ab initio.
Resolution PCC 04-070
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA
VISTA, CALIFORNIA, this 12th day of January, 2005, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Marco Polo Cortes. Chair
ATTEST:
Diana Vargas, Secretary
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APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Councii,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financiai
interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information
must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
PARK HILL UNITED METHODIST CHURCH
BECHTEL CORPORATION
VELOCITEL
2. If any person< identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with
a $2000 investment in the business (corporation/partnership) entity.
N/A
3. If any person< identified pursuant to (t) above is a non-profit organization or trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
N/A
4. Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter.
VELOCITEL
5. Has any person< associated with this contract had any financial dealings with an officiai" of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes_ No~
If Yes, briefly describe the nature of the financial interest the official"'" may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No ~ Yes _ If yes, which Council member?
276 Fourth Avenue
Chula Vista
California
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CHULA VISTA
APPLICATION APPENDIX B
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the
past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes_ No~
If Yes, which official" and what was the nature of item provided?
Date:
5-24-04
ractor/Applicant
DOUG MUNSON
type name of Contractor/Applicant
Print or
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Person is defined as: any individual, firm, co-partnership, joint venture, association. social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipaiity, district. or other
political subdivision, -or any other group or combination acting as a unit.
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Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commission, or committee of the City, employee, or staff members.
276 Fourth Avenue
Chula Vista
California
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C HULA VISTA PLANNING AND BUILDING DE PARTM E NT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANT: Cingular Wireless CONDITIONAL USE PERMIT
PROJECT 545 E. Naples St
ADDRESS, Request: Proposal to install 12 antennas to a 50' high faux tree and
support equipment shelter.
SCALE: FILE NUMBER:
NORTH No Scale PCC-04-070 Related cases: IS-04-029
J:\planning\carlos\locators\pccOA070.cdr 06.24.04
PLANNING COMMISSION AGENDA STATEMENT
Item: ~
Meeting Date: 01/12/05
ITEM TITLE:
Public Hearing: Consideration of PCS 05-08; Tentative Map to subdivide
6.95 acres at 1441 Santa Lucia Road into one-lot condominium parcel
containing 168 residential units - Lyon Otay Ranch LLC.
The Applicant, Lyon Otay Ranch, has submitted an application for a Tentative Subdivision Map to
convert an existing I 68-unit apartment complex to 168 condominium units for individual ownership
with a one-lot subdivision map. The 6.95-acre project site is located at 1441 Santa Lucia Road in
Village One (Heritage) of the Otay Ranch (see Attachment I).
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.
DISCUSSION:
1. Project Backgronnd
Condominium conversion projects in Chula Vista require both Design Review and a
Tentative Subdivision Map. The existing apartment complex was approved as an apartment
complex in 2001. The Developer does not propose any exterior changes to the existing
buildings, but will upgrade the overall complex appearance with enhanced landscaping.
These design upgrades are minor in nature requiring only administrative design review
approval by the Zoning Administrator, which will occur after the City Council approval. The
tentative map is required to create the one-lot 168-unit condominium map, which requires
approval by the City Council.
The City has received many inquiries for processing condominium conversions. This project
is the second of several similar applications currently being processed Citywide, and the first
application to convert an existing apartment complex located within the Otay Ranch. Staff
has updated the procedural guide and requirements for condominium conversions for
developer use when preparing a conversion application. This project conforms to those
guidelines.
2, Project Site Setting
The site is located within the Village of Heritage (Village One) Core of the Otay Ranch.
Heritage Elementary School is across the street due north on Santa Lucia Road. Heritage
Park is across the street due west on Monarche Drive and Heritage Town Center is across the
street due south on East Palomar Street.
Page No.2, Item:
Meeting Date: 01/12/05
There is senior and moderate-income housing above and behind the Town Center. There are
single-family homes to the east and another multi-family residential development to the
south. The vacant Community Purpose Facility parcel is also to the south. Other multi-
family apartment complexes are located to the west of the Heritage Town Center and Park
(see Attachment I, Locator Map). The existing uses adjacent to the site are listed in the table
below:
3, General Plan Land Use and Zoning
General Development Plan
Site: Residential Multi-Family Two
North: Residential Multi-Family One
South: Community Purpose Facility
Residential Multi-Family Two
East: Single Family Four
West: Open SpacelParks
Zoning
RM2
RMI
CPF
RM2
SF4
OS/PI
Current Land Use
Apartment Complex
Heritage Elementary School
Vacant Lot
Apartment Complex
Single Family Homes
Heritage Park
4. Project Description
The project is a Tentative Subdivision Map to convert an existing 168-unit apartment
complex into one-lot condominium containing 168 units. The project site is developed with
eleven three-story residential buildings and a clubhouse. There are small open space areas
including a tot-lot, a barbecue picnic area and a swimming pool.
The project has 176 single-car garages and 138 open parking spaces accessed from an
interior drive that loops around the site. No significant exterior changes are proposed, other
than some revised or enhanced landscaping. The emergency access driveway that is
currently grasscrete will be replaced with accent colored stamped concrete to confoml to
current Fire Department regulations.
There currently exists storage space in each unit within the closets adjacent to the patios or
balconies ranging from 62 to 104 cubic feet. The applicant proposes to provide storage space
in the one-car garages for each unit. There will be 179 cubic feet in the 104 attached single-
car garages and 220 cubic feet in the 64 detached single-car garages. The storage space
containers shall consist of cages in the back of the garages and hanging storage shelves on
the sides ofthe garages above head height.
Individual gas and electricity service meters are provided for each unit. Telephone and
satellite television connections are provided to each unit. No cable television is currently
provided, but an offer by Cox communications has been made to install a cable system and
the applicant is considering allowing the installation as part of the condominium conversion.
Water and sewer service is not metered and so these utility services will be jncluded in the
overall maintenance responsibiJities of the Homeowners Association.
Page No, 3, Item:
Meeting Date: 01/12/05
5. Project Data Table
Assessor's Parcel Numbers: 642-073-02, 19,20
Current SPA Zoning: RM2
GDP Land Use Designation: Residential Multi-Family
Lot Area: 6.95 acres
REQUIRED: PROVIDED:
310 Parking Spaces: Single-Car Garages: 176 spaces
6611-bedroom x 1.5 = 96 spaces Open Parking Spaces: 138 spaces
74/2-bedroom x 2.0 = 148 spaces (30 Tandem, 84 Open, 24 On-Street)
28/3-bedroom x 2.25 = 63 SDaces TOTAL: 314 spaces
REQUIRED: PROVIDED:
Storage: Storage Minimums:
ISO-cu. ft./1-bedroom unit 62 + 179* = 241-cu. ft./I-bedroom unit
200-cu. ft./2-bedroom unit 72 + 179* = 251-cu. ft./2-bedroom unit
250-cu. ft./3-bedroom unit 104 + 179* = 283-cu. ft./3-bedroom unit
Min. 62 cu. ft. in balcony/patio
*Min. 179-cu. ft. in attached single garage
*Min. 220-cu. ft. in detached single garage
6. Staff Analysis
Condominium Conversion
The following provides a brief analysis concerning the potential effect of the condominium
conversion on the existing project (The Crossings), the immediate community (Village of
Heritage), the overall planned community area (Otay Ranch), and Citywide.
The Crossings: The Municipal Code requirements for condominium conversions provide
that current residents are entitled to first right of refusal to purchase their individual units
during a 60-day period commencing after the owner has established a firm price for the
condominium unit (Section 15.56.040). Based on the following analysis provided by the
applicant regarding the rental rates for current tenants, it appears that most of the residents
would be able to become owners if they are able to make a 10 percent down payment.
The applicant states that as of December 17, 2004, approximately 10 percent ofthe existing
tcnants expressed an interest in purchasing their unit. The applicant expects this list of
tenants to increase once the on-site sales office is opened and a concerted effort is made to
provide each tenant with an analysis concerning the purchase of their unit.
The sales prices are anticipated to range from the high $200,000s for a one-bedroom unit to
the high $300,000s for a 3-bedroom unit. The applicant states that the current median sales
price of detached and attached resale housing in Chula Vista is $578,400 and $396,400
Page No.4, Item:
Meeting Date: 01/12/05
respectively, and so these prices are more affordable and would provide an entry-level
ownership opportunity. The applicant further states that the only new attached housing
currently available in the Otay Ranch is the Belleffie Chateaux Town homes located in the
Village of Santa Venetia (Village Six), with a price range of $389,000-$466,000.
The rents at The Crossings at Otay Ranch currently range from $1,145 for a one-bedroom
unit, $1,350 for a two-bedroom unit, and $1,775 for a 3-bedroom unit. Assuming a 10
percent down payment and low mortgage interest rates, the after tax cost of owning a unit in
the project will be close to the current monthly rental payments, according the applicant.
Table I: Cost of Rental vs. Ownership (Assuming 10 Percent Down Payment)*
(Information provided by Lyon Otay Ranch)
Current Average Including Income Total
Average Monthly Monthly Tax After Tax
Monthly Mortgage Taxes, Ins. Deduction Average
Rents Payments HOA Fees Savings Monthlv Cost
I-Bedroom $1,145 $881 $1,524 $363 $1,161
2-Bedroom $1,350 $1,038 $1,762 $428 $1,334
3-Bedroom $1,775 $1,258 $2,088 $519 $1,569
'(Average Down Payment $28,000 I-Bedroom, $33,500 2-Bedroom. $39,000 3-Bedroom)
In June 2004, all tenants at the project were notified of the Applicant's intent to convert the
project from rental units to for sale condominiums. A certified mail record has been
provided to the City, and the applicant has indicated that all current tenants are aware of the
condominium conversion.
As required by the State of California and City of Chula Vista guidelines, tenants also
receive subsequent notices including a 180-Day Notice to All Existing Tenants of Intent to
Convert/Termination of Tenancy. Based on the first projected escrow closings in August of
2005, tenants who are unable or do not have an interest in purchasing their unit will have had
a full one year's notice of the conversion.
Further, the applicant states that they have already coordinated a meeting with all current and
prospective tenants presenting alternative rental housing opportunities and logistical
assistance for relocation within the area in conj unction with the presentation ofthe schedule
Page No.5, Item:
Meetin!: Date: 01112/05
for the phasing of the conversion of the apartments to condominiums, which is also a
required condition (Condition No.3) in the draft City Council Resolution.
According to the applicant, on-site representatives were made available the weekend of
January 8th and 9th 2005 in an effort to assist tenants with their relocation efforts by providing
referrals to comparable apartments in Chula Vista in order to assist tenants who will be
displaced by the conversion.
Based on a survey by "Real Facts," consisting of participating apartment complex property
management groups with 100 or more units, there are a number of apartment complexes with
a combined total vacancy of approximately 343-units within a 5-mile radius, so those tenants
that will be vacating The Crossings have a number ofrelocation alternatives within a close
proximity.
Village of Heritage (Village One): If approved, the Crossings will become the first
condominium project in the Village of Heritage. As a multi-family housing product, the
conversion would provide the only currently available attached ownership opportunity in the
village as an alternative to the typically more expensive single-family homes in the village.
All remaining multi-family rental opportunities located in the Village of Heritage are
adjacent to the Heritage Town Center and Heritage Park. The Harvest Ridge and the Sun
Rose apartments are located above or behind the Heritage Town Center and are provided as
senior and income restricted affordable apartments, respectively.
The two remaining market rate multi-family apartment complexes located in the Village of
Heritage are:
(1) The Pinnacles, consisting of two apartment complex sites due west ofthe Heritage Town
Center (on the north and south sides of East Palomar), and
(2) Camden Sierra, an apartment complex due east ofthe Heritage Town Center (south side
of East Palomar adjacent to the vacant church site). Camden Sierra was approved with
the condition that it could be converted to condominiums in the future.
With the approval of this application, it is conceivable that The Pinnacles could soon become
the only available market-rate rental apartments in the Village of Heritage.
Otav Ranch: In the other approved villages of Otay Ranch adjacent to the Village of
Heritage, there are no multi-family rental apartment complexes except for the Teresina rental
apartment complex in Village Five.
Teresina consists of two apartment complex sites in the Village Five town center where 88 of
the total of 440-units are provided as income restricted affordable apartment units through a
minimum IS-year tax credit program.
Page No.6, Item:
Meeting Date: 01/12/05
The Villagio mixed-use development, which forms the core of the Village Five town center,
will soon provide for-sale market rate condominiums above the commercial suites. The five
remaining multi-family complexes (Vista Sonrisa, Gold Rush, Stetson, Winchester, and
Silver Sage) located in the Village Five are all condominiums projects.
In addition, all ofthe multi-family complexes currently under construction or approved for
development in the Villages of Santa Venetia (Village Six) and Windingwalk (Village
Eleven) consist entirely of town home or condominiums units. It is anticipated that future
Otay Ranch Villages Eight and Nine and the Eastern Urban Center will have opportunities
for rental housing in addition to the income restricted affordable and student housing.
Citywide: While there are examples of both affordable and market rate rental apartments
located in many of the planned communities of eastern Chula Vista, the majority of the
multi-family rental apartments are located in western Chula Vista. The Housing Element
will be updated later this year and include an evaluation of existing location and balance of
multi-family rental housing throughout the City in preparation of a recommended policy.
Services and Utilities
The proposed conversion to condominium units will necessitate the creation of a
Homeowner's Association (HOA) for the provision of existing services and utilities for
individual unit ownership. The following table illustrates the existing services and utilities
within the project.
Table 2: Existing Utilities
Gas & Electric Meter Individual units
Telephone Connections Individual units
Heating Ventilation Air Conditioning (HV AC) Individual units
Systems, and Water Heaters
Smoke detectors Individual units
Fire extinguishers Outside each building
Satellite Television Individual units
Cable Not Provided
Water HOA
Sewer HOA
Trash & Recycling HOA
The complex clubhouse, pool, spa, common usable open space and landscaping maintenance
will be incorporated with the water, sewer, trash and recycling billing HOA and will be
addressed in the CC&Rs for the project. The complex currently does not provide a cable
television option (and therefore an alternative Internet connection choice), and Cox
Communication has offered to install cable connections in each ofthe buildings and units in
conjunction with the application for the tentative map.
Page No, 7, Item:
Meeting Date: 01/12/05
It is possible that Chula Vista Cable service could also be installed as the other cable choice
provided in this area. The applicant has expressed an interest in providing cable connections
to the complex as part of the condominium conversion.
Design Review
A condominium conversion project must satisfy current City requirements that apply to
multi-family developments. The Otay Ranch SPA One Planned Communities District
Regulations for the Residential Multi-Family Two (RM2) Zone were applied to the project
when the project was approved September 9, 1999 (DRC-99-65) and constructed in 2001.
The conversion requires a Zoning Administrator design review, if approved.
The RM2 development regulation standards included minimum site development standards
for amenities such as private usable open space such as patios and balconies, common usable
open space such as a tot-lot, barbecue picnic areas, a clubhouse, a pool and a spa, and off-
street parking in the form of garages, open parking spaces and on-street parking.
Conversion of Dwelling Units to Independent Ownership (CVMC Chapter 15.56)
Apartments converted to for sale condominiums require certain amenities such as adequate
storage for each unit, and must satisfy current code requirements such as the Fire and
Uniform Building Code standards prior to occupancy as for sale units.
Pursuant to Chapter 15.56 of the Municipal Code (Conversion of Dwelling Units to
Independent Ownership), the Planning Commission and City Council will need to make the
following findings as analyzed below and incorporated into the draft City Council resolution
in order for the proposed condominium conversion to be approved.
Fire Protection: The Fire Marshall has determined that the project is in substantial
conformance with fire protection standards. The project is conditioned to comply with
current fire protection requirements.
Uniform Building Code: The Building Department has determined that the project as built in
200 I in compliance with the Uniform Building Code. Since the project was built after 1995,
a Physical Elements Report was not required and the project was found to be in substantial
conformance with the requirements of the Building Code.
Storage Space: Section 15.56.020 requires storage area for each unit. There are 66 one-
bcdroom units, 74 two-bedroom units, and 28 three-bedroom units, and each one, two or
three bedroom unit is required to possess 150, 200 or 250 cubic feet of storage area
respectively. A total of70 percent ofthe required storage is required to be contiguous to the
unit served. Of the total storage area provided, the contlguous portion is located adjacent to
patios, balconies or attached garages. There are 18 one-bedroom units with 62 cubic feet of
Page No, 8, Item:
Meetin!: Date: 01112/05
storage, 48 one-bedroom and 62 two-bedroom units with 72 cubic feet of storage, 12 two-
bedroom units with 200 cubic feet of storage, and 28 three-bedroom units with 104 cubic feet
of storage adjacent to a patio or bakony. The Applicant then proposes to provide 179 cubic
feet of storage in the 104 attached single-car garages and 220 cubic feet in the 64 detached
single-car garages utilizing cages above the rear wa]] and hanging storage along the side.
Therefore, the amount of storage area and the location ofthe proposed storage for each unit
do not meet the standards ofCVMC Section 15.56.020 (C); however, Section 15.56.070
allows for exceptions to the storage requirements based upon overall project acceptability. In
accordance with the recommendation ofthe Planning Commission, the City Council can find
that the merits ofthe project warrant the granting of exception to the project from the City's
storage requirements based upon the City's desire to provide alternative entry-level
homeowner opportunities in the project location, the project's overall conformance with the
City's General Plan, ordinances, and policies, and its conformity with the average storage
space requirements for a majority of the 168 units.
The City Council further can find that good cause exists for granting an exception because
this is a relatively new project with each unit having at least one walk-in closet and the two
bedroom and three bedroom units having two walk-in closets. Strict compliance with
Section 15.56.020 would require significant modifications to the units and would unduly
raise the price of this housing that is inconsistent with the City's desire to provide cost
effective housing. Staff also believes that an exception can be made because there is
sufficient cubic storage space overall on average for a majority of the 168 units.
Housing Code: The Project is required to obtain building inspections for the installation of
the overhead and side mounted garage storage units to ensure compliance with overhead and
side clearance requirements as well as inspections of any interior remodeling requiring any
alterations to the existing plumbing or electrical systems in compliance with building and fire
codes prior to the conversion for sale of each unit.
Protective Lighting Standards: The Project will maintain the existing protective lighting
standards.
Off-street Parking: The Otay Ranch SP A One Plan Planned Community District Regulations
requires 1.5, 2, or 2.25 parking spaces for one, two, and three-bedroom units respectively.
Therefore, the Project requires a minimum 310 off-street parking spaces for the 168-unit
complex consisting of66 one-bedroom, 74 two-bedroom and 28 three-bedroom units. The
Project provides 314 off-street parking spaces with a minimum one single-car garage space
per unit. There are 176 single-car garage spaces and 138 open parking spaces.
Design Guidelines: The 11 three-story residential buildings, the clubhouse, and detached
garage buildings wi]] remain as originally approved by the Design Review Committee
September 9, 1999 (DRC -99-65). The Applicant does not propose any exterior changes to
Page No.9, Item:
Meeting Date: 01112/05
the existing buildings (which were constructed in 2001), but will upgrade the general
appearance of the complex with various cosmetic landscaping and paving improvements.
There will also be standard and premium interior improvements to each of the individual
units. Overhead and side mounted metal storage cages will be added to the garages.
Separate Service Meters: Each unit is individually metered for gas and electric service. A
Homeowners Association will be responsible for the water and sewer service utility meters
that are common for units within the II residential buildings in conjunction with the
common utility maintenance of the clubhouse, pool, and common open space areas. The
Applicant is required to provide written evidence how this will be satisfied.
Housing Department Compliance Survev: The Project received a safety inspection on
October 7, 2004 and the Applicant made the necessary repairs or corrections as noted in a
letter of compliance November 15,2004.
CC&Rs: The Project is conditioned to provide declarations of covenants, conditions and
restrictions in conjunction with the Final Map.
Common Open Space: The Otay Ranch SPA One Plan Planned Community District
Regulations defers to Zoning Code Section 19.28.090, which requires 400 square feet of
common usable open space per one and two-bedroom unit, and 480 square feet of common
usable open space per three-bedroom unit, and the project provides 69,440-square feet of
common open space.
Noticing Documentation
Pursuant to Section 66452 of the Subdivision Map Act, condominium conversion projects
must satisfy certain noticing requirements for specified time periods. Table 3 below
identifies the type of noticing and when existing and prospective tenants should receive
them. The tenants were first made aware ofthe condominium conversion project proposal in
August 2004, and will be given notice of having the first option to purchase a unit. The
Table also shows when the Developer shall met these requirements.
a e o lCmg ocumen a IOn
NOTICE REQUIREMENT HOW LONG & WHEN COMPLIANCE
60-day notice to all exisling 60 days prior to filing a Design 60-day notices were sent
tenants of intent to convert Review and Tentative Map certified mail to existing
"FOffilA" application with the City tenants on June 21, 2004*
Notice to all prospective tenants of Prior to acceptance of any rent Applicant has submitted a
intent to convert "Fonn B" or deposit from the prospective current tenant list with copies
tenant of signed fonns for all new
tenants *
10-day notice to all existing 10 days before or after submittal To be detenninedJprior to
tenants of an application of a of the Public Report to the Final Map
Public Report - "Fonn C" Department of Real Estate
T bl 3 Nt". D t t
Page No. 10, Item:
Meeting Date: 01112/05
IO-day Notice to all existing Within 10 days of approval of To be determined/prior to
tenants of Final Map approval - the Final Map by the City Final Map
"Form D"
Notice to all prospective tenants of Prior to acceptance of any rent To be determined/prior to
option to purchase/termination of or deposit from the prospective Final Map
tenancv - "Form E" tenant
90-day Notice to all existing For a period of 90 days after To be determined/prior to
tenants of option to issuance of the Public Report Final Map
purchase/termination of tenancy trom the Department of Real
"Form F" Estate
] 80-day notice to all existing ] 80 days prior to termination of Submitted to the City on
tenants of intent to tenancy December 20. 2004*
convert/termination of tenancy -
"Form G"
* See Attachment 7 - Noticing Documentation
The Planning Commission and City Council only need to find that the Developer has
submitted Forms "A" and "B" prior to the approval of the tentative map. A complete set of
these notices is on file. The remaining notices are required prior to acceptance of the Final
Map; however, the Developer has already submitted Form "G." Samples of these three
notices are included as Attachment 7, Noticing Documentation.
RECOMMENDATION:
That the Planning Commission recommend to the City Council adoption of the attached draft City
Council Resolution, approving the Tentative Subdivision Map for a one-lot condominium map for
168-units based on the findings and subject to the conditions contained therein.
Attachments:
I. Locator Map
2. Draft Planning Commission Resolution
3. Draft City Council Resolution, including Findings and Tentative Map Conditions
4. Existing Site Plan and Floor Plans for 1,2, and 3-Bedroom Apartments
5. Party Wall Plan View Cut and Floor/Ceiling Assembly As-Built Condition
6. Storage Space Diagrams (Floor Plans and Storage Unit Specifications)
7. Noticing Documentation (Forms "A," "B," and "G")
8. Tentative Map Application with Disclosure Statements (Appendices A, B, and C)
9. Tentative Map (Condominium Subdivision Map)
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CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT Lyon, Otay Ranch, LLC PROJECT DESCRIPTION:
C) APPLICANT: SUBDIVISION
PROJECT 1441 Santa Lucia Road Request: Proposal to convert 168 apartment units into condominiums
ADDRESS. at Dtay Ranch Village 1, Neighborhood R21, The Crossings.
SCALE. FILE NUMBER:
NORTH No Scale PCS-05-08 Related cases: DRC-05-13
ti77 4L II(Li t, I '7 1--
RESOLUTION NO. PCS-05-08
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA RECOMMENDING THAT THE
CITY COUNCIL APPROVE AND IMPOSE CONDITIONS OF A
TENTATIVE MAP TO SUBDIVIDE 6.95 ACRES AT 1441
SANTA LUCIA ROAD INTO A ONE-LOT CONDOMINIUM
TENTATIVE SUBDIVISION MAP CONTAINING 168
RESIDENTIAL UNITS - LYON OT A Y RANCH LLC.
WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on
August 23, 2004, with the City of Chula Vista Planning and Building Department by the Lyon
Otay Ranch LLC "Applicant" requesting approval of a Tentative Subdivision Map to convert
168 apartment units into individually own condominium; and
WHEREAS, the area of land, which is the subject of this Resolution, consists of 6.95
acres commonly known as The Crossings at Otay Ranch Apartments, and located at 1441 Santa
Lucia Road ("Project Site"); and
WHEREAS, 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 1 (Existing Facilities) categorical exemption pursuant to
Section 15301 of the State CEQA Guidelines; and
WHEREAS, the Planning and Building Director set the time and place for a hearing on
said Tentative Subdivision Map and notice of said hearing, together with its purpose, was given
by its publication in a newspaper of general circulation in the City and its mailing to current
tenants of the complex, and property owners and residents within 500 feet of the exterior
boundaries of the property and the current tenants at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely January 12,
2005, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed; and
WHEREAS, after considering all reports, evidence, and testimony presented at said
public hearing with respect to the Tentative Subdivision Map application, the Planning
Commission voted X-X-X-X recommending adoption of Resolution PCS-05-08 approving
Tentative Subdivision Map; and
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
does hereby recommend that the City Council approve the proposed Tentative Subdivision Map
and adopt the attached City Council Resolution in accordance with the findings and subject to
the conditions contained therein.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City
Council and the Applicant.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 12th day of January 2005, by the following vote, to wi!:
AYES:
NOES:
ABSTAIN:
ABSENT:
Marco Polo Cortes, Chair
ATTEST:
Diana Vargas, Secretary
J :\PLANNING\HAROLDlRESOLlITIONS\PCS-OS-08CROSSINGSPCRESO.DOC
/lfrA, H A)i. U 13
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ESTABLISHING
CONDITIONS OF A TENTATIVE MAP TO SUBDIVIDE 6.95
ACRES AT 1441 SANTA LUCIA ROAD INTO A ONE-LOT
CONDOMINIUM TENTATIVE SUBDIVISION MAP
CONTAINING 168 RESIDENTIAL UNITS LYON OTAY
RANCH LLC
I. RECITALS
WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on August
23, 2004, with the City of Chula Vista Planning and Building Department by the Lyon Otay
Ranch LLC ("Applicant") requesting approval of a Tentative Subdivision Map to convert 168
apartment units into individually owned condominiums ("Project"); and
A. 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 the Crossings at Otay
Ranch Chula Vista Tract No. 05-08, and for the purpose of general description herein
consists of6.95 acres, located at 1441 Santa Lucia Road ("Project Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, On August 23, 2004, the Applicant filed a Tentative Subdivision Map with the
City of Chula Vista Planning and Building Department requesting approval of the Tentative
Subdivision Map to convert an existing 168-unit apartment complex to 168 condominium
units for individual ownership; and
C. Prior Discretionary Approval and Recommendations
WHEREAS, the development of the Project Site has received the following discretionary
approvals or recommendations for approval: 1) Planning Commission recommendation of
approval ofPCS-05-08, Tentative Subdivision Map for a 168-unit condominium conversion
on January 12,2005; and 2) Zoning Administrator approval ofDRC-05-13 subsequent to the
City Council approval; and
D. Planning Commission Record of Applications
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
January 12,2005, and after hearing staffs presentation and public testimony voted X-X-X-X
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,
Resolution
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 1441 Santa Lucia Road, 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 January 25, 2005, in the Council Chambers, 276
Fourth Avenue, at 6:00 p.m. to receive the recommendations of the Planning Commission,
and to hear public testimony with regard to the same.
NOW THEREFORE BE IT RESOLVED that the City Council does hereby 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 January 12, 2005, and the minutes and Resolution resulting
therefrom, 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 Government Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that the Tentative Subdivision Map, as conditioned herein for ]44] Santa
Lucia Road, is in conformance with the elements ofthe City's General Plan, based on the
following:
a. Land Use
It is the City's goal to accommodate diversified housing types. The site is designated
Medium-High density consistent with the General Plan. Thus, the Project, as
conditioned, is in substantial compliance with the adopted General Plan.
b. Circulation
All on-site improvements exist or will be upgraded to serve the subdivision. All off-
site public streets required to serve the subdivision currently exist. No street
improvements are required.
2
Resolution
c. Housing
The Project is consistent with the density prescribed within the General Plan and
provides attached condominium units for individual ownership. The conversion of
168 apartment units to 168-condominium units creates additional opportunities for
residential ownership.
d. Open Space
The Project includes adequate, eXIsting on-site open space areas as well as a
swimming pool for resident use.
e. Safetv
The Fire Department and other emergency service agencies have reviewed the
proposed subdivision for conformance with City safety policies and have determined
that the proposal with some minor alterations to roadway access surface treatments
meets the City Threshold Standards for emergency services.
B. The configuration, orientation and topography of the site allows 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 project.
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 Fire Marshall has determined that the project is in substantial
conformance with fire protection standards. The project is conditioned to comply with
current fire protection requirements.
B. Uniform Building Code: The Building Department has determined that the project as
built in 2001 in compliance with the Uniform Building Code. Since the project was built
after 1995, a Physical Elements Report was not required and the project was found to be
in substantial conformance with the requirements of the Building Code.
C. Storage Space: Section 15.56.020 requires storage area for each unit. There are 66 one-
bedroom units, 74 two-bedroom units, and 28 three-bedroom units, and each one, two or
three bedroom unit is required to possess 150, 200 or 250 cubic feet of storage area
respectively. A total of 70 percent of the required storage shall be contiguous to the unit
served. Of the total storage area provided, that which can be considered contiguous is
located adjacent to patios, balconies or attached garages. There are 18 one-bedroom units
with 62 cubic feet of storage, 48 one-bedroom and 62 two-bedroom units with 72 cubic
3
Resolution
feet of storage, 12 two-bedroom units with 200 cubic feet of storage, and 28 three-
bedroom units with 104 cubic feet of storage adjacent to a patio or balcony. The
Applicant then proposes to provide 179 cubic feet of storage in the 104 attached single-
car garages and 220 cubic feet in the 64 detached single-car garages utilizing cages above
the rear wall and hanging storage along the sIde. Therefore, the amount of storage area
and the location of the proposed storage for each unit do not meet the standards ofCVMC
Section 15.56.020 (C); however, Section 15.56.070 allows for exceptions to the storage
requirements based upon overall project acceptability. In accordance with the
recommendation of the Planning Commission, the City Council hereby finds that the
merits of the project warrant the granting of exception to the project from the City's
storage requirements based upon the City's desire to provide alternative entry-level
homeowner opportunities in the project location, the project's overall conformance with
the City's General Plan, ordinances, and policies, and its conformity with the average
storage space requirements for a majority of the 168 units. The City Council further finds
that good cause exists for granting an exception because this is a relatively new project
with each unit having at least one walk-in closet and the two bedroom and three bedroom
units having two walk-in closets. Strict compliance with Section 15.56.020 would
require significant modifications to the units and would unduly raise the price of this
housing that is inconsistent with the City's desire to provide cost effective housing. Staff
also believes that an exception can be made because there is sufficient cubic storage
space overall on average for a majority ofthe 168 units.
D. Housing Code: The Project shall obtain building inspections for the installation of the
overhead and side mounted garage storage units to ensure compliance with overhead and
side clearance requirements as well as inspections of any interior remodeling requiring
any alterations to the existing plumbing or electrical systems in compliance with building
and fire codes prior to the close of escrow for the sale of each unit.
E. Protective Lighting Standards: The Project will maintain the existing protective lighting
standards.
F. Off-street Parking: The Otay Ranch SPA One Plan Planned Community District
Regulations requires 1.5, 2, or 2.25 parking spaces for one, two, and three-bedroom units
respectively. Therefore, the Project requires a minimum 310 off-street parking spaces for
the 168-unit complex consisting of 66 one-bedroom, 74 two-bedroom and 28 three-
bedroom units. The Project provides 3] 4 off-street parking spaces with a minimum one
single-car garage space per unit. There are 176 single-car garage spaces and 138 open
parking spaces.
G. Design Guidelines: The 11 three-story residential buildings, the clubhouse, and detached
garage buildings will remain as originally approved by the Design Review Committee
September 9, 1999 (DRC-99-65). The Applicant does not propose any exterior changes
to the existing buildings (which were constructed in 2001), but will upgrade the general
appearance of the complex with various cosmetic landscaping and paving improvements.
There will also be standard and premium interior improvements to each of the individual
units. Overhead and side mounted metal storage cages will be added to the garages.
H. Separate Service Meters: Each unit is individually metered for gas and electric service. A
Homeowners Association will be responsible for the water and sewer service utility
4
Resolution
meters that are common for units within the 11 residential buildings in conjunction with
the common utility maintenance of the clubhouse, pool, and common open space areas.
The Applicant shall provide written evidence how this will be satisfied.
1. Housing Department Compliance Survev: The Project obtained an apartment safety
inspection on October 7, 2004 and the Applicant made the necessary repairs or
corrections as noted in a letter of compliance November 15,2004.
1. CC&Rs: The Project is conditioned to provide evidence of declarations of covenants,
conditions and restrictions in conjunction with the Final Map.
K. Common Open Space: The Otay Ranch SPA One Plan Planned Community District
Regulations defers to Zoning Code Section 19.28.090, which requires 400 square feet of
common usable open space per one and two-bedroom unit, and 480 square feet of
common usable open space per three-bedroom unit, and the project provides 69,440-
square feet of common open space.
VII. COMPLIANCE WITH GOVERNMENT CODE SECTIONS 66451.3 AND 66452.5
Noticing Documentation
Government Code Sections 66451.3 and 66452.5 requires notification of a tenant's right to a
public hearing. The City Of Chula Vista provided notices to tenants and surrounding property
owners of all required public hearing for the Project, and the Applicant has satisfied the
following noticing requirements at the time of submittal of the Tentative Map, which includes a
60-day "Notice ofIntent to Convert", a "Notice to Prospective Tenants ofIntent to Convert", and
a 180-day notice for "Notice to Tenants ofIntention to Convert and Termination of Tenancy".
BE IT FURTHER RESOLVED that the City Council does hereby approve Tentative
Subdivision Map, Chula Vista Tract No. 05-08 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 their successors in interest, shall improve the Project Site with the Project
as described in the Tentative Subdivision Map, Chula Vista Tract No. 05-08, 1441 Santa
Lucia Road.
B. Design Consistency
Any improvements made to the condominium units by the Applicant shall be in accordance
with the Otay Ranch and City of Chula Vista Design Guidelines and in accordance with
DRC -05-13 approval by the Zoning Administrator subsequent to the City Council approval.
IX. SPECIAL CONDITIONS OF APPROVAL
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 to the City's satisfaction prior to approval of the Final Map.
5
Resolution
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 or its successors 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 January 12, 2005, and DRC-05-13 as approved by the Zoning Administrator. The
Applicant or its successors shall enter into an 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 or its successors will continue to comply, remain in compliance, and implement the
requirements of this tentative map and design review approval.
3. Applicant shall coordinate with the City of Chula Vista Planning and Housing Divisions and
provide an informational meeting with current and prospective tenants presenting 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 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:
a. 10-day notice to all existing tenants of an application of a Public Report - "Form C"
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 -
"Fonn F"
e. 180-day notice to all existing tenants of intent to convert/termination of tenancy - "Form
G"
5. The following items shall be submitted for approval by the Director of Planning and Building
and/or the City Landscape Planner:
a. Provide a conceptual landscape renovation plans and irrigation plans for the proposed
changes to the existing landscaped areas for review and approval by the Landscape
Planner. Upon approval of the conceptual plan, submit detailed landscape planting and
irrigation plans.
b. Retain or upgrade the existing tot-lot and picnic areas.
c. An updated water management plan if requested by the City Landscape Planner shall be
provided in conjunction with the planting and irrigation plan.
6. The project shall meet current fire protection standards and shall maintain all existing fire
protection facilities.
7. The Applicant shall include the party wall and floor/ceiling assembly as-built condition
exhibits provided with the record building plans, and ensure that the details are certified by
6
Resolution
the Building Department to meet the Uniform Bui1ding Code standards prior to approval of
the Final Map.
8. The Applicant shall ensure that the seven trash enclosures hold sufficient space to
accommodate all necessary trash dumpsters and recycling bins. The enclosure spaces shall
allow for hauler access without the need to move other containers out of the way.
Furthermore, all trash container areas shall be paved with an impervious surface, designed to
not allow run-on from adjoining areas, screened or walled to prevent off-site transport of
trash, and provide attached lids on all trash containers that exclude rain or provide a roof or
awning to minimize direct precipitation. The Applicant shall develop and submit a
"Recycling and Solid Waste Management Plan" to the Conservation Coordinator for review
and approval. 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 submit a copy of the contract
with the City's franchise hauler to the Conservation Coordinator for review and approval
prior to Final Map approval.
9. The Applicant shall install a minimum of 179 cubic feet of storage area in the single car
garage space for each unit with an attached garage and 220 cubic feet of storage area in the
single car garage space for each unit with a detached garage. The remaining storage space
shall be retained as located in the existing closet spaces adjacent to the patios or balconies in
each unit. Storage space containers must be easily accessible and shall consist of cages in the
back of the garages and hanging storage shelves on the sides of the garages above head
height. The applicant shall obtain building inspections for the installation of the overhead
and side mounted garage storage units to ensure compliance with overhead and side clearance
requirements of the fire and building code prior to the close of escrow for the sale of each
unit. Prior to approval of the final map for the Project, Applicant shall enter into a recorded
agreement with the City of Chula Vista, wherein Applicant agrees to construct the storage
areas required by this tentative map. The Applicant shall also be required to submit a bond or
another form of financial assurance, approved by the City Attorney, to guarantee the storage
area's construction. After all storage areas have been installed in compliance with state and
local laws and the Applicant's construction plans, the bond or financial assurance shall be
released.
10. All lighting shall meet the protective lighting standards of the Uniform Building Code.
11. The Project's interior upgrades may include replacing kitchen and bathroom hardware,
flooring, counters, sinks, faucets, light fixtures, refrigerators, shower heads, etc. in
accordance with the statement of proposed interior upgrades. Any interior remodeling
requiring any alterations to the existing plumbing or electrical systems shall require a
building inspection in compliance with building and fire codes prior to the close of escrow for
the sale of each unit.
12. The Homeowners Association shall be responsible for shared utility services, including water
and sewer, and the billing and payment of these utility costs.
13. Prior to Final Map approval, the Applicant shall submit an application to the Planning and
Building Department for a compliance survey. If the survey identifies any deficiencies, the
Applicant shall correct them prior to the close of escrow for the sale of each unit.
7
Resolution
14. All 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 the Chula
Vista Municipal Code. Further, all new utilities serving the subject property shall be placed
underground prior to the issuance of building permits.
15. Any and all agreements that the Applicant is required to enter into hereunder shall be in a
form approved by the City Attorney.
DRAINAGE
16. All onsite drainage facilities shall be private.
SEWER
17. The onsite sewer system shall be private. All sewer laterals and onsite mains shall be
privately maintained from each building and/or condo unit to the City maintained public
sewer main within Santa Lucia Drive.
18. The Applicant shall establish a homeowners association to fund and oversee a contract for
the maintenance of the onsite private sewer system. The frequency of maintenance of the
sewer system shall be contained in the provisions of the Conditions, Covenants &
Restrictions (CC & R's). The City Engineer and Director of Public Works shall approve the
provisions of the Conditions, Covenants & Restrictions (CC & R's) regarding the onsite
private sewer system.
STORM WATER QUALITY MANAGEMENT
19. Obtain approval by the City Engineer and Public Works Director of the Water Quality
Technical Report dated October 11,2004, or revisions thereto.
20. Prior to approval of the final map, install to the satisfaction of the Director of Public Works
the onsite storm water quality best management practices treatment measures recommended
in the approved Water Quality Technical Report.
STREETS
21. Streets within the development shall be private.
ACCESS TO PUBLIC STREET
22. The existing access driveway from Monarch Drive shall be reconstructed with a hard surface
pavement to the satisfaction of the Fire Marshal and shall have a structural section designed
to withstand H-20 loading. The applicant shall submit the design of the access paving and
structural section to the City Engineer for approval.
23. The project Conditions, Covenants & Restrictions (CC & R's) shall contain a provision that
prohibits any control and/or barrier placed across the driveway to Monarche Drive unless a
vote of 100 percent of the condominium owners unanimously approves said control and/or
8
Resolution
barrier. Furthermore, if the condominium owners elect to install such a control or barrier
then it shall incorporate a mechanical gate with a "Knox" override key switch and a
"Opticom" strobe system, or other automated operating system and/or fail safe feature, all to
the satisfaction of the Fire Marshal and Police Chief. Any barrier or control installed across
the driveway without expressed written approval of both the Fire Marshal and Police Chief
shall be subject to immediate removal by City forces.
CONDITIONS, COVENANTS, AND RESTRICTIONS (CC&R'S)
24. Submit Conditions, Covenants, and Restrictions (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 Conditions, Covenants, and Restrictions (CC & R's) shall include the
following:
· 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, lightning structures, paths, trails, access roads,
drainage structures, water treatment facilities, landscaping, trees, streets, parking lots,
driveways, and private sewage and storm drain systems.
· Language stating that the landscaping shall be maintained by the HOA in a healthy and
thriving condition at all times.
. 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.
. The City's right to enforce CC&R's.
. 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 ($2,000,000.00) combined single limit. The policy shall be acceptable to
the City and name the City as additional insured.
· The City must approve any revisions to provisions of the CC&R's that may particularly
affect the City. Furthermore, the HOA shall not seek approval from the City of said
revisions without the prior consent of 100 percent of the holders of first mortgages and
property owners - unless, the Director of Planning and Building waives this requirement.
. The HOA shall not seek to be released by the City of any maintenance obligations
without the prior consent of the City and 100 percent of the holders of first mortgages
and property owners - unless, the Director of Planning and Building waives this
requirement.
. Implement education and enforcement program to prevent the discharge of pollutants
from all on-site sources into the storm water conveyance system.
. 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.
Said Conditions, Covenants & Restrictions (CC & R's) shall be consistent with Chapter 18.44
of the Subdivision Ordinance, and shall be recorded concurrently with the final map.
9
Resolution
25. Submit a homeowner's assocIatIon (HOA) budget for review and approval by the City
Engineer for the maintenance of private streets, storm drains, treatment measures and sewage
systems. Said budget shall include the following maintenance activities:
· Streets must be sealed every 7 years and overlaid every 20 years.
. Sewers must be cleaned once a year with a contingency for emergencies.
. Red curbs I striping must be painted once every three years.
· 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.
EASEMENTS
26. 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
27. Prior to approval of the final map the Applicant shall enter into an agreement wherein the
Applicant agrees 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.
. 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 offsite storm water conveyance systems.
· Ensure that all franchised cable television companies ("Cable Company") are permitted
equal opportunity to place conduit and provide cable television service to each unit
within the project. 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 timc to time be issued by the City of
Chula Vista.
· Maintain storm water quality treatment measures in accordance with an approved
maintenance and inspection plan.
10
Resolution
. Implement and sustain in perpetuity, a source control storm water quality management
program as outlined in the Water Quality Technical Report.
MISCELLANEOUS
28. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83).
29. Submit copies of the Final Map in a digital format such as (DXF) graphic file prior to
approval of the Final Map. Provide computer aided Design (CAD) copy of the Final Map
based on accurate coordinate geometry calculations and submit the information in
accordance with the City Guidelines for Digital Submittal in duplicate on 3 y, HD floppy
disk prior to the approval of the Final Map.
30. Submit a conformed copy of a recorded tax certificate covering the property pnor to
approval of the final Map.
31. 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.
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 rrame.
XI.INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every tenn, 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:
Jim Sandoval
Director of Planning & Building
Ann Moore
City Attorney
11
Resolution
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this day of ,2005 by the following vote:
AYES:
Council members:
NAYS:
Council members:
ABSENT:
Council members:
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, 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. was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the ~ day of ,2005.
Executed this ~ day of
,2005.
Susan Bigelow, City Clerk
J :\PLANNING\HAROLDIRESOLl'TlONS\PCS-OS-08CROSSINGSCCRESO.D0('
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UNIT TYPE Q'TY BALCONY
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2-BR
624
824
,
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co...oaAT'Otf
Ar-ohHectur. . Pla""lng
THE CROSSINGS REF.
OTAY RANCH
CHULA VISTA, CA
.
DATE:
~+c PROJ. 12414
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TOTAL (EXST'G)
CI-UPPER 28 104
660
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CORPORATion
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THE CROSSINGS
REF.
OTAY RANCH
CHULA VISTA, CA
.
DATE:
I.4+C PROJ. '2414
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THE CROSSINGS REf.
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CHULA VISTA, CA
.
DATE:
~+c PROJ. 12<41....
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Archlteoture . Planning
THE CROSSINGS REF'.
OTAY RANCH
CHULA VISTA, CA
.
DATE: i
,
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THE CROSSINGS
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OTAY RANCH
CHUIJ. VISTA, CA
.
MAR11NEZ + CUTRI
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M+C PROJ. 1241<4
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THE CROSSINGS REf.
OTAY RANCH
CHULA VISTA, CA
.
DATE: i
J.IAR'I1NEZ + CUTRI
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CHULA VISTA. CA
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M+C PROJ. #2-41-4
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THE CROSSINGS
REF".
OTAY RANCH
CHULA VISTA, CA
.
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MARTINEZ + CUTRI
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ArchlteotuNI . Planning
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THE CROSSINGS
OTAY RANCH
CHULA VISTA. CA
.
REf.
DATE:
M+C PROJ. 12414
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g~ WILLIAM LYON PROPERTY MANAGEMENT C($(J-T~a:n?
4901 BIRCH STREET. NEWPORT BEACH. CA 92660 . (949) 252,9101 . FAX (949) 252,9202
NOTICE TO EXISTING TENANT
OF INTENT TO CONVERT
FORM "A"
Via Certified U.S. Mail
Return ReceiPt Requested
To the occupant(s) of:
1441 Santa Lucia Road Chula Vista, CA 91913
(address)
1021
(apartment #)
The owner(s) of this building, at 1441 Santa Lucia Road, (hula Vista. CA 91913
(address), plans to file a tentative map with the City ofChula Vista to convert this
building to a condominium project. You shaH be given notice of each hea.~ng for which
notice is required pursuant to Sections 66451.3 and 66452.5 of the Government Code and
you have the right to appear and the right to be heard at any such hearing.
0/u -L~ [L (Y1 teA 1;(~
(signatur f owner or owner's agent)
June 16,2004
. Complete items 1, 2. and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the maH~
or on the front jf space permits.
1 Article Addressed to:
o No
Richard Vargas
1441 Santa Lucia Road, # 1021
ChuIa Vista, Ca 91913
3. Service Type
"'f1"certified Mail 0 Express Mail
I d1 Registered 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D
14, Restricted Delivery? (Cxtra Fee) 0 Yes
2. Article Number
7004 0750 0002 4604 0269
JUL 30 2004 3:56PM
HP LRSERJET 3200
p.2
THE WILLIAM LYON PROPERTY MANAGEMENT ~
4901 BIRCH SffiEET, NEWPORT BEACH, CA 92660. (949) 252-9101 . FAX (949) 252-9202
NOTICE TO PROSPECTIVE TENANT
OF INTENT TO CONVERT
FORM "B"
Via Certified U.S. Mail
Return ReceilJt Requested
To the prospective occupant(s) of:
1441 Santa Lucia Road. Chuls Vista. CA 91913
(address)
1'2/1
(apartment #)
The owner(s) of this building, at 1441 Santa Lucia Road. Chuta Vista. CA
91913 (address), has flied or plans to me a tentative map with the City ofChula Vista to
convert this building to a condominium project. No units may be sold in this building
unless the conversion is approved by the City of Chula Vista and until after a public
report is issued by the Department of Real Estate, If you become a tenant of the building,
you shall be given notice of each hearing for which notice is required pursuant to
Sections 55451.3 and 66452.5 of the Government Code. and you have the right to appear
and the right to be heard at any such hearing.
00W}h au~
(signature of owner or owner's agent)
l3() - i/A/
(dated)
I have received this notice on
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Mutti-Family Real Estate Specialists
~
Lyon Apartment Companies
Acquisition . Development . Management
4901 BIRCH STREET, NEWPORT BEACH, CA 92660. (949) 252-9101. FAX (949) 252-9202
CONDOMINIUM CONVERSIONS-FORM G
180-DA Y
NOTICE TO EXISTING TENANT
OF INTENT TO CONVERTITERMINATION OF TENANCY
Via Certified U.S. Mail
Return Receipt Requested
To the occupant(s) of:
1441 Santa Lucia Road, Chula Vista, CA 91913
(Address)
-
(Apartment #)
The owner of this building, at 1441 Santa Lucia Road, Chula Vista, CA 91913, has
obtained or will obtain all necessary approvals from the City of Chula Vista and
Department of Real Estate. After the approval of the Building Permit, the owner can
begin the construction process of converting the units into condominiums, if changes
are being proposed. The owner has the right to terminate your lease or rental
agreement on or after 180 days of the date of this notice. Please verify with the owner
or owner's agent of the anticipated move out date if you have not purchased or do not
purchase your unit. Tenants who purchase their units may also be required to
temporarily move out during the construction phase.
(Signature of owner or owner's agent)
December 17,2004
(Date)
Multi-Family Real Estate Specialists
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Building
Planning Division
L1rr4( tt"-Ir'v'- f
Department
I Developmenl Processing
CIlY OF
CHULA VISTA
APPLICATION . DEVELOPMENT PROCESSING . TYPE B
Part 1
Type of Review Requested
o General Plan Amendment
o General Development Plan ONew (or) OAmendment
o SPA/Specific Plan ONew (or) OAmendment
o Zone Change
:K>> Tentative Subdivision Map
D Annexation
o Other:
Application Information
. Lyon Otay Ranch, LLC
Applicant Name:
Applicant Address: 4901 Birch Street, Newport
Contact: Terry R. Plowden
STAFF USE ONLY P. tJ _ I}
/'S- S-DlS
Case #: L-
Filing Date: g . d3 -0'-1: By: Lrl-
Assigned Planner: Ph e I p <5
Receipt #: 0;;)- 0/;;;, 63
Project Account:
Deposit Account:
Related Cases:
Beach, CA 92660
Phone: (619) 641-1141
Applicant's Interest in Property (If applicant is not the owner, the owner's authorization signature at the end of this form is required
to process this request.) tKlOwn 0 lease Din escrow o Option to purchase
Engineer/Agent: Douglas Wilson Companies Address: 450 B Street, Suite 1900, San Diego, CA
Contact: Terry R. Plowden Phone: (619) 641-1141 92101
Primary contact is: 0 Applicant IX! Agent OEmail addressofprimarycontact:tplowden@douglaswilson.com
General Project Description (all types)
Residential Condominium
Project Name: The Crossinqs at Otay Ranch Proposed Use: rnn"pr~; nn
General Description of Proposed Project: Conversion of an existing 168 unit residential apartment
complex to condominiums on 6.95 acres in the V1llage One Core (ne1ghborhood H-Ll), utay
Ranch.
Subject Property Information (all types)
Location/Street Address: 1441 Santa Lucia Road
Redevelopment Area (if applicable): N/A
Total Acreage: 6.95
Assessor's Parcel #: 642-073-02 *
General Plan Designation: MH Zone Designation: RM2
Planned Community (if applicable): Otav Ranch
Current land Use:Multi-family residential (apartments) Within Montgomery Specific Plan? DYes IX] No
* 900-000-19 and 900-000-20
Generol Plan Amendment
Proposed land Use Designation:
Justification for General Plan change:
() I C?--
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276 Fourth Avenue
(hula Vista
California
91910
(619) 691-5101
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APPLICATION · DEVELOPMENT PROCESSING . TYPE B
Part 2
CI1YOF
CHUIA VISTA
General Development Plan
General Development Plan Name:
Proposed land Uses / Tolal Acres:
Commercial /
Acres
Acres
Acres
Acres
Industrial / Acres
Schools / Acres
Circulation / Acres
Open Space / Acres
Parks /
Community Purpose /
Public/Quasi /
Residential/Range:
Single Family Detached /
Single Family Attached /
Duplexes /
Apartments /
Condominiums /
to Units Acres
to Units Acres
to Units Acres
to Units Acres
to Units Acres
to Units Acres
TOTALS /
Annexation
Prezoning:
LAFCO Reference #:
Tentative Subdivision Map
Subdivision Name: The
Minimum lot size; N/A
Crossinqs at Otay Ranch CV Tract # N/A
Number of units: N/A Average lot size:
N/A
Zone Change
D Rezoning
Proposed zoning:
D Prezoning
D Setback I
f1 0<.
Authorization
"\
Dale:
Print applicant name: Lyon
Ranch, LLC
Lyon Otay
Print owner name*:
s=
~I)!( ~ltn'ye/)
Ranch, LLC
r'.\f S~ A1f~C:1-ftVI ~~(0
Applicanl Signature:
Owner Signature':
.Proof of ownership may be required. Letter of consent may be provide
>=-----
276 Fourth Avenue
Chula Vista
Cal ifornia
91910
16191691-5101
RevS.03
Pg212
LYON
CAPITAL
VENTURES
Received
October 3, 2004
OCT 0 5 2004
Mr. Harold E. Phelps, III AICP
Associate Planner
City ofChula Vista
Planning and Building Department
276 Fourth Avenue, MS P-IOI
Chula Vista, CA 91910
Douglas Wilson campa".
Re: Condominium Conversion
The Crossings at Otay Ranch
1441 Santa Lucia Road
Chula Vista, CA 91913
Dear Harold:
Please accept this letter as the Owner's consent and authorization for the City to process
the condominium conversion application for The Crossing at Otay Ranch. Douglas
WiJson Companies is acting as Owner's Agent and Terry Plowden of Douglas Wilson
Companies serves as Project Coordinator for the conversion.
If you have any questions regarding this Owner's authorization, please feel free to contact
the following:
Mr. Forrest Corral
Lyon Capital Ventures
4901 Birch Street
Newport Beach, CA 92660
949-838-1270
Thank you for your help.
Lyon Otay Ranch, LLC
a California limited liability company
By; Lyon Housing (Otay Ranch) XXIII, LLC
a California limited liability company
its sole member
By: Fr1f.~ryan, f---
President
4901 Birch Street, Newport Beach, California 1}2noO . 949.252.9101 . Fax 94lJ.252.9202
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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subscribed to the within instrument and
acknowledged to me thatlb.ershelthey executed
the same in ~her/thejr authorized
capacity(ies), and that by dlli'/herltheir
signature(s) on the instrument the person(s), or
" Ihe entity upon behalf of which the person(s)
\lcted, executed the instrunrnt.
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W'tTNESS my ha')d and official seal.
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Development Proces.sing
CITY OF
CHULA VISTA
APPLICATION APPENDIX A
Project Description & Justification
Project Name:
The Crossings at Otay Ranch
Applicant Name:
Lyon Otay Ranch, LLC
Please fully describe the proposed project, any and all construction that may be accomplished as a result of approval of
this project, and the project's benefits to yourself, the property, the neighborhood, and the City of Chula vista. Include any
details necessary to adequately explain the scope and/or operation of the proposed project. You may include any
background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use
an addendum sheet if necessary.
For all Conditional Use Permits or Variances, please address the required "findings" as listed in the Application Procedural
Guide.
Please see attached.
276 Fourth Avenue
Chula Vista
California
~1910
(619) fJg 1 -51 01
City ofChula Vista
Planning & Building Department
Project: The Crossings at Otay Ranch
Applicant Name: Lyon Otay Ranch, LLC
(Application Appendix A cont.)
The Crossings at Otay Ranch was constructed in 200 I and consists of a 168 unit apartment
complex with 11 three-story buildings on a 6.95 acre site. There are 66 one-bedroom units, 74
two-bedroom units and 28 three-bedroom units. Unit sizes range from 709 to 1,356 square feet.
The property is also improved with a pool and spa, two barbeque picnic areas, and a clubhouse
which includes a fitness center and business center. Parking consists of 176 single space parking
garages and 138 open parking sta]]s.
Prior to construction, this project (Case No. DRC-99-65) was reviewed and approved by the
Chula Vista Design Review Committee.
The applicant acquired the property in June 2004 and IS now seeking approval to convert the
project from apartments to condominiums. As part of the conversion process, the applicant
intends to supplement and enhance common area landscaping, upgrade the unit interiors and
provide additional enclosed storage as discussed below.
ThIs is essentially a new project which has been well maintained. Conversion of this property
wi]] create more affordable housing in Chu]a Vista, an area with rapidly increasing home prices.
Sales prices are estimated to average approxImately $300,000 when the condominIums are
offered for sale in early 2005. This will be the lowest priced housing offered for sale in the Otay
Ranch providing an opportunity for first time homeowners to buy into this master planned
community. The first escrow closings are projected to be in the summer of 2005. Conversion of
this project will also result in long term stable occupancy and the inherent "pride of ownershIp"
which fo]]ows. Finally, the real estate tax base for this property currently valued at
approximately $27 million is estimated to be approximately $49 mi]]ion after the converted units
are sold.
All existing tenants wi]] be given the opportunity to purchase their UnIts (subjcct to, among other
things, credit qualification). In June 2004, a]] tenants were provided with a NotJce of Intent to
Convert and will be provided with additional notices regarding the conversion process as It
progresses. Tenants who elect not to purchasc wi]] be provided wIth a mInimum of six (6)
months notice that their lease may be terminated. The CommunIty Development Department is
aware of the conversion and wi]] be providing relocation assistance to tenants as necessary.
With respect to the C. V. Municipal Code storage requirements, unlike older apartment projects
undergoing conversion, as a newly constructed project, the Crossings was designed to current
standards with ample storage. The code requirement for storage for each unit can be satisfied
with a combination of storage added In the garages and eXIsting storage in each unit.
Each umt will be assigned an encloseu garage, either attached to the condominium building or in
a separate building nearby. In the attached garages, the attached diagrams identify 179 cu. ft. of
potential storage volume. This is enough by itself to satisfy the storage requirement for a one
bedroom unit. In the detached garages, the amount of identified storage is 220 cu. ft. That is
enough in itself to satisfy the storage requirement for a 2-bedroom umt. The proposed garage
storage is a combination of a cabinet at the back of the garage (that is, the end away from the
rolI-up door) and hanging storage on the sides of the garage above head height.
Each unit has a closet on the patio of the unit. It houses the water heater, but also has a large
volume in front of the door. It is clearly intended for the storage of chairs and other patio gear.
This application requests that a portion of the patio closet be counted toward the storage
requirement. As an alternative, the patio closet could be partitioned and an access panel added to
separate the water heater from the storage room.
Each unit has at least one walk-in closet, and the two- and three-bedroom units have two walk-in
closets. This application requests that a portion of the second walk-in closet be counted toward
the storage requirement. As an a1ternative, one of the walk-in closets in each unit could be
partitioned and called a storage closet. A better solution is to let each unit owner configure the
closet to their own needs. There is ample room to replace some hanging space wIth shelves as
needed. If a partitIOn is insta]]ed, it wouldn't result in any additional storage space.
The condominium conversion ordinance suggests the space over the washer/dryer could be
counted as storage. This application does not count that space, though it is available. In
addition, each unit has a hall closet for hanging coats, and thIs applIcation does not count that
closet for any portion of the required storage.
The applicant recognizes that this application does not meet the letter of the code in two ways.
First, the requirement that 70% of the storage be attached to the unit is not met in cases where the
detached garage provides a majority of the storage. The applicant requests a review of the sIte
plan, which shows that a majority of detached garages are within 50 feet, and never more than
100 feet, from their assigned unit. In thIs project, the detached, enclosed garage shoulu be
allowed fu]] value for storage.
Second, the storage inside the unit is split between the patio storage and the walk-m closet
storage. When the garage is added, the storage is split into 3 or 4 locations. The code asks for
not more than 2 locations. The applicant asks that because of the generous amount of total
storage in the units, that this split be allowed.
If the two items above are not allowed, the applicant wi]] divide one of the closets to create a
designated storage room. It wi]] meet the letter of the code, but will not result in more storage in
the unit. It is better for the unit owner to have the option of configuring the space for their
specific needs.
In summary, this project, with the proposed garage storage, meets the intended storage
requirements of the C.V. Municipal Code.
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P I ann
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Planning Division
Department
Development Processing
--
cm OF
CHULA VISTA
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information
must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the application or the
contract, 8.g., owner, applicant, contractor, subcontractor, material supplier.
Lyon Oray RRnrh, TJ,C
2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with
a $2000 investment in the business (corporation/partnership) entity.
William Lyon
Dick Frankel
Frank Survan
Bill H. Lyon
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
N/A
4. Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter.
Douglas Wilson Companies
5. Has any person' associated with this contract had any financial dealings with an official" of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes No~
If Yes, briefly describe the nature of the financial interest the official** may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No JL Yes _ If yes, which Council member?
276 Fourth Avenue
Chula Vista
California
91910
(h19) 691-5101
~\/~
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P I ann
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Planning Division
Department
Development Processing
CllY OF
CHULA VISTA
APPLICATION APPENDIX B
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the
past twelve (12icmonthS? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes_ No_
If Yes, which official" and what was the nature of item provided?
Date: 7 (30(2004
--~~ _ /----f
Signature of Contr dor/Applicant
Forrest Corral
type name of Contractor/Applicant
Print or
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit.
..
Official includes, but is not limited to. Mayor, Council member, Planning Commissioner, Member of a board,
commission, or committee of the City, employee, or staff members.
276 Fourth AV/;:'11UE:'
(hula Vi::.ta
Cal jfurnia
9 1910
(61::1) bYl-S1Ul
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CIlY OF
CHULA VISTA
p I ann
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& Building
Planning Division
Department
Deve!opment Processing
APPLICATION APPENDIX C
Development Permit Processing Agreement
Permit Applicant:
Applicant's Address:
Type of Permit:
Agreement Date:
Deposit Amount:
Lyon Otay Ranch, LLC
490] Birch Street. Newport Beach, CA 92660
Tentative Map/Desiqn Review
July 28, 2004
This Agreement ("Agreement") between the City of Chula Vista, a chartered municipal corporation ("City") and the
forenamed applicant for a development permit ("Applicant"), effective as of the Agreement Date set forth above, is made
with reference to the following facts:
Whereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit") which the City has
required to be obtained as a condition to permitting Applicant to develop a parcel of property; and,
Whereas, the City will incur expenses in order to process said permit through the various departments and before
the various boards and commissions of the City ("Processing Services"); and,
Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with
providing the Processing Services;
Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as follows:
1. Applicant's Duty to Pay.
Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, including
all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's
Duty to Pay."
1.1. Applicant's Deposit Duty.
As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount aforereferenced ("Deposit").
1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against
Applicant's Deposit. If, after the conclusion of processing Applicant's Permit, any portion of the
Deposit remains, City shall return said balance to Applicant without interest thereon. If, during the
processing of Applicant's Permit, the amount of the Deposit becomes exhausted, or is imminently
likely to become exhausted in the opinion of the e City, upon notice of same by City, Applicant
shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to
continue Processing Services. The duty of Applicant to initially deposit and to supplement said
deposit as herein required shall be known as "Applicant's Deposit Duty".
2. City's Duty.
City shall, upon the condition that Applicant is no in breach of Applicant's Duty to Payor Applicant's Deposit Duty,
use good faith to provide processing services in relation to Applicant's Permit application.
2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or
for failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City.
276 Fourth Avenue
Chula Vista
California
91910
(6191691-5101
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Development Processing
Development Permit Processing Agreement - Page 2
2.2. By execution of this agreement Applicant shall have no right to the Permit for which Applicant has applied.
City shall use its discretion in valuating Applicant's Permit Application without regard to Applicant's promise to pay for the
Processing Services, or the execution of the Agreement.
3. Remedies.
3.1. Suspension of Processing
In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has
the right to suspend andlor withhold the processing of the Permit which is the subject matter of this Agreement, as well as
the Permit which may be the subject matter of any other Permit which Applicant has before the City.
3.2. Civil Collection
In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has
the right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to coilect
same, the prevailing party shall be entitled to reasonable attorney's fees and costs.
4. Miscellaneous.
4.1 Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in
writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served
if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or
certified, with return receipt requested at the addresses identified adjacent to the signatures of the parties represented.
4.2 Governing LawNenue.
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San
Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this
Agreement, and performance hereunder, shall be the City of Chula Vista.
4.3. Multiple Signatories.
If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be
jointly and severally liable for the performance of Applicant's duties herein set forth.
4.4. Signatory Authority.
This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the
Appiicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant. Signatory
shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been
authorized to execute this Agreement by Applicant.
4.5 Hold Harmless.
Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and
employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders,
injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising out of
City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not
limited to the giving of proper environmental review, the holding of public hearings, the extension of due process rights,
except only for those claims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the
City, its officers, or employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include
any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents, or employees in
defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense,
shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or
employees. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the
276 Fourth Avenue
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California
91910
(619) 691-5101
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Development Permit Processing Agreement - Page 3
Applicant. At its sole discretion, the City may participate at its own expense in the defense of any such action, but such
participation shall not relieve the applicant of any obligation imposed by this condition.
4.6 Administrative Claims Requirements and Procedures.
No suit or arbitration shall be brought arising out of this agreement against the City unless a claim has first been
presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the
provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used
by the City in the impiementation of same. Upon request by City, Consultant shall meet and confer in good faith with City
for the purpose of resolving any dispute over the terms of this Agreement.
Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do
hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto.
Dated:
City of Chuia Vista
276 Fourth Avenue
Chula Vista, CA
By:
Dated:
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276 Fourth Avenue
(hula Vista
California
91910
(619) 691-5101