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HomeMy WebLinkAboutPlanning Comm Reports /2007/06/13 AGENDA MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA 6:00 p.m. Wednesday, June 13, 2007 Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: ROLL CALL I MOTIONS TO EXCUSE: Planning Commission: Felber_Vinson Moctezuma _ Bensoussan_ Tripp_Clayton_ Speth man_ PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE: ORAL COMMUNICATIONS: Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commissions' jurisdiction, but not an item on today's agenda, Each speaker's presentation may not exceed three minutes, 1. PUBLIC HEARING: PCC 06-42 I PCZ 07-02; Consideration of the following applications filed by St. Rose of Lima Parish for 3.9 acres located at the northeast corner of Third Avenue and H Street: a. PCC 06-42; Consideration of a Conditional Use Permit for the renovation and expansion of an existing church campus. b, PCZ 07-02; Consideration of a Rezone Application to establish Precise Plan Modifying District (P) for the underlying Apartment Residential Zone (R-3), and adopt Precise Plan Guidelines for the subject property. Staff recommends that public hearing be opened and continued to June 27,2007. Planning Commission Agenda -2- June 13, 2007 2. PUBLIC HEARING: PCC 07-60; Consideration of a Conditional Use Permit to allow live entertainment and the sale of alcoholic beverages in conjunction with the full service restaurant at 2230 Proctor Valley Road, Suite B-102 and B-103. Applicant: Manny Aguilar. (Quasi-Judicial) Project Manager: Caroline Young, Assistant Planner 3. PUBLIC HEARING: PCS 06-13; Consideration of a Tentative Subdivision Map known as Napa Place, Chula Vista Tract 06-13 to subdivide 1.7 acres at 445 First Avenue into nine (9) Single Family Residential lots and one (1) common lot containing the private access road and guest parking. Applicant Napa Place, LP. (Quasi-Judicial) Project Manager: Caroline Young, Assistant Planner 4. PUBLIC HEARING: PCS 06-04; Consideration of a Tentative Subdivision Map to subdivide 1.628 acres into twenty-four (24) condominium units for individual ownership at 1419 Tobias Drive. (Quasi-Judicial) Project Manager: Ann Pease, Associate Planner DIRECTOR'S REPORT: . Taste Of Italy Status Report COMMISSION COMMENTS: ADJOURNMENT: To a Regular Planning Commission on June 27, 2007. CHULA VISTA ~. 1:_~i<L .... PLANNING COMMISSION AGENDA STATEMENT .;L Item: Meeting Date:06/13/07 ITEM TITLE: Public Hearing: PCC-07-060 Consideration of a Conditional Use Pennit to aUow live entertainment and the sale of alcoholic beverages in conjunction with the fuU service restaurant at 2230 Proctor VaUey Road, Suite B-102 and B-103. Applicant: Manny Aguilar. SUBMITTED BY: Director of Planning and Building INTRODUCTION The Applicant has submitted a Conditional Use Pennit application proposing to allow entertainment and the sale of alcoholic beverages as a part of the operation of a previously pennitted restaurant, known as Time Out Sports Bar and Grille. The restaurant will be located at the southeast comer of Proctor Valley Road and Mount Miguel Road within the commercial center, known as The Shops at San Miguel Ranch. According to the San Miguel Ranch Sectional Planning Area (SPA) plan, a Conditional Use Pennit, approved by the Planning Commission, is required for "Restaurants with entertainment, and serving alcoholic beverages," BACKGROUND On April 24, 2007 the Zoning Administrator approved a Conditional Use Pennit for the establishment of the proposed restaurant and the sale of beer and wine. The restaurant is scheduled to be open in early or late July. The SPA plan allows the administrative approval of a Conditional Use Pennit for restaurants serving beer and wine, but without a bar or live entertainment. The approved hours of operation for the restaurant with the sale of beer and wine is from Sunday through Thursday, 8 a,m. to 11 p.m, and Friday through Saturday, 8 a,m, to 1 :30 a,m. The applicant is requesting to add live entertainment and a full service bar and modify the hours of operation to have the restaurant stay open later on Wednesday and Thursday, ENVIRONMENT AL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has detennined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301 (existing facilities) of the State CEQA Guidelines because the project contains negligible or minor expansion of an existing use, Thus, no further environmental review is necessary, PCC-07 -060 Page No, 2 RECOMMENDATION That the Planning Commission adopt the attached Resolution approving PCC-07-060, to allow live entertainment and the sale of alcoholic beverages in conjunction with the full service restaurant at 2230 Proctor Valley Road, Suite B-I02 and B-I03, based upon the findings and subject to the conditions contained therein, DISCUSSION Project Site Characteristics: The site is located within the Shops at San Miguel Ranch commercial center at the corner of Proctor Valley Road and Mount Miguel Road (see Attachment A, Locator Map). The shopping center, which just opened recently and many of the suites are still vacant, include an Albertson's grocery store, in-line retail shops, and a variety of restaurants. The site is situated approximately 20 to 25 feet above Otay Lakes Road, The site is graded and partially improved with two buildings along Otay Lakes Road. The surrounding land uses and land use designations are summarized as follows: Zoning Current Land Use General Plan Site: North: South: East: West: Commercial Retail Public Quasi Public Quasi/Park Residential Medium High Residential Medium PC-CN PC-CPF PC-PQ PC-R3 PC-R3 Commercial Retail Center Temporary SMR Sales Office Fire Station No, 6/Neighborhood Park Multi-Family Residential Multi-Family Residential Project Description: The Applicant would like to add live entertainment and a full service bar in addition to beer and wine, already authorized for the restaurant operation, The proposed entertainment consists of karaoke, as well as small musical groups with no more than three musicians, and dancing. Four of the 4-seat tables next to the karaoke area/stage will be moved to provide a dance floor of 152 sq, ft. for dancing during the specified times. The restaurant will have a sports theme with several televisions, as well as sports memorabilia throughout the restaurant. The total restaurant seating capacity is 95 persons. PCC-07 -060 Page No, 3 The applicant is proposing to modify the hours of operation from the previous approval, which are as follows: Sunday through Tuesday, 8 a.m. to II p.m, and Wednesday through Saturday, 8 a.m. to 1:30 a,m, The live entertainment would occur at various times after 5 p,m. except for on Sunday after 12 p.m. The hours of entertainment are specified in the table below: Table I: Entertainment Hours of Operation Type of Entertainment Sunday Small Band Noon to 10:00 p,m, Sunday Karaoke, Dancing 5:00 p,m. to 10: 30 p.m. Monday-Tuesday Karaoke 5:00 p,m. to 10: 30 p,m. Wednesday- Saturday Small Band, Karaoke, Dancing 5:00 p.m, to 1:00 a,m. Analysis: The restaurant currently has a liquor license for beer and wine, which are typically served with meals. The proposed entertainment and expansion of liquor sales beyond beer and wine would expand the variety of dining/entertainment experiences available to the immediate neighborhood and community, The expansion of the dining and entertainment option in the San Miguel Ranch could decrease travel distance for neighborhood residents seeking these types of experiences. Noise All restaurant operations would be subject to the applicable requirements of the CYMC, including the Noise Ordinance. Pursuant to the Noise Ordinance, any noise from the proposed live entertainment exceeding the noise limits of the zoning code would be considered nuisance noise and would be subject to code enforcement action. Furthermore, Section 17.24.050 states that music shall not be audible outside of the structure at a distance of 50 feet after 12:00 a,m, The nearest residential area is approximately 226-ft away located directly west of the Project site across Mount Miguel Road, The building orientation is away from the residential areas, The bar, stage, and dance floor are located in the front of the restaurant which faces towards the interior of the shopping center. The kitchen, storage, cooler, and restrooms are located in the rear of the building closest to the residential area, Per Condition No, 7 of the attached resolution, in order to reduce the noise of the live entertainment, the rear doors adjacent to Proctor Yalley Road shall remain closed during business hours. Given the limited floor and stage area available for entertainment and its location within the building, staff does not anticipate noise issues associated with the proposed entertainment. However, conditions have been included within the Conditional Use Permit that specifically address permissible hours for live entertainment and the sale of alcohol, as well as noise related Issues, PCC-07-060 Page No.4 Hours of Operation The proposed hours of operation are from Sunday through Tuesday, 8 a,m, to 11 p.m, and Wednesday through Saturday, 8 a,m, to 1:30 a,m. Based on the typical customer behavior after they leave the bar at late hours of the night, the Police Department is recommending that the hours of operation be limited to 12 a.m. on Wednesday through Saturday. The applicant is asking the Planning Commission to approve the proposed hours of operation, Staff recommends that the Planning Commission limit the hours of operation to 12 a.m. as recommended by the Police Department. The Conditional Use Permit shall be subject to review six months after the date of approval by the Zoning Administrator. Upon review, the Conditional Use Permit may be revised, modified, revoked, or additional conditions may be added, if it is determined that the live entertainment and bar activities are detrimental to the health safety and general welfare of the residents living in the area. Any complaints about the operation would be sufficient grown as to review, modify, or revoke the Conditional Use Permit. Parking Pursuant to the provisions of the San Miguel Ranch Sectional Planning Area plan, a total of 516 parking spaces are required for the center. A total of 526 spaces have been provided. The project, therefore, is consistent with the parking provisions of the San Miguel Ranch SPA plan. DECISION-MAKER CONFLICTS: Staff has reviewed the property holdings of Planning Commissioners and has found no property holdings within 500 feet ofthe boundaries of the property which is subject to this action. CONCLUSION: This project is consistent with the San Miguel Ranch Sectional Planning Area (SPA), Planned Community Zone, General Plan designation of Retail Commercial, and all other applicable codes and regulations of the Mnnicipal Code. For the reasons stated above, staff recommends the Planning Commission adopt the attached Resolution PCC-07-060, to allow live entertainment and the sale of alcoholic beverages in conjunction with the full service restaurant at 2230 Proctor Valley Road, Suite B-102 and B-103, based on the findings and subject to the conditions contained in the attached City Council Resolutions, PCC-07-060 Page No.5 FISCAL IMPACT The application fees and processing cost are paid for by the Applicant. ATTACHMENTS A, Locator Map B. Planning Commission Resolution C. Project Plans D. Disclosure Statement Prepared by: Caroline Young, Assistant Planner, Planning Division H :\Planning\Caroline\Discretionary Permits\PCC-07 -60-PC Staff Report ATTACHMENT A Locator Map D co:: Q5 ::J OJ ~ I Moc~(enzie Creek Rd. Thurqood Marshql Elementarv School - C ::J o :2: \of Volley Rd, ?,OC Mqckenzie Creek Public Park C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT Caraug, LLC. PROJECT DESCRIPTION: Q) APPLICANT: MISCEl.LANEOUS PROJECT 2330 Proctor Valley Rd. Project Description: Time Out Sports Bar & Grille, proposing live ADDRESS: Building "B" entertainment with Liquor sales, j SCALE: FILE NUMBER: NORTH No Scale PCC-O? ,060 Related cases: PCC-D? -D54 J\planning\carlos\locators\pcc07060.cdr 04.09 07 ATTACHMENTB Planning Commission Resolution RESOLUTION NO. PCC-07-060 A RESOLUTION OF THE PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT TO ALLOW LIVE ENTERTAINMENT AND THE SALE OF ALCOHOLIC BEVERAGES IN CONJUCTION WITH THE FULL SERVICE RESTAURANT AT 2230 PROCTOR VALLEY ROAD, SUITE B-I02 AND B-I03. APPLICANT: MANNY AGUILAR. WHEREAS, on March 23, 2007, a duly verified application was filed with the City of Chula Vista Planning and Building Department by Manny Aguilar ("Applicant"), requesting approval of a conditional use permit to allow live entertainment and the sale of alcoholic beverages in conjunction with the full service restaurant, known as Time Out Sports Bar and Grille ("Project"); and WHEREAS, the area of land which is the subject matter of this Resolution located at 2230 Proctor Valley Road, Suite B,I02 and B-I03 within The Shops at San Miguel Ranch commercial retail center ("Project Site"); and WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301 (existing facilities) of the State CEQA Guidelines because the project contains neglible or minor expansion of an existing use. Thus, no further environmental review is necessary; and WHEREAS, the Planning and Building Director set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p,m" June 13,2007, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was then closed; and WHEREAS, the Planning Commission having received certain evidence on June 13, 2007, as set forth in the record of its proceedings made certain findings, as set forth in their recommending Resolution, PCC-07-060, and approve the Project based on certain terms and conditions. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves Conditional Use Permit PCC-07-060 in accordance with the following findings and subject to the conditions listed below; REQUIRED CONDITIONAL USE PERMIT FINDINGS 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 restaurant currently has a liquor license for beer and wine in conjunction with the restaurant. The proposed entertainment and expansion of liquor sales beyond beer and wine would expand the variety of dining/entertainment experiences available to the neighborhood and community, The restaurant, as conditioned, would not result in an adverse impact to the surrounding neighborhood. 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 sale of alcoholic beverages and entertainment in conjunction with the restaurant is subject to all health, safety and general welfare standards and regulations set forth by the City of Chula Vista, The property owner shall comply with the City's noise ordinance, The subject property shall also comply with all conditions of approval as well as Municipal Code Chapter 17.24 (Noisy and Disorderly Conduct) standards, so as not to become a nuisance to surrounding property owners, 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The subject property meets all Zoning Code regulations. The conditional approval of PCC-07-060 requires continued compliance with all conditions, codes and regulations, as applicable. 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. This Conditional Use Permit is in compliance with the General Plan, Zoning Ordinance, and land use designations listed therein, It will not alter the land use patterns of the General Plan, PCC-07-060 Page 3 CONDITIONS OF APPROVAL I. Prior to issuance of any permits required by the City of Chula Vista for the use of the subject property in reliance upon this approval, the Applicant shall satisfy the following conditions of approval. ], Building Permits shall be required for any structural, electrical, mechanical, and plumbing alterations, Building plans shall comply with 2005 Handicapped Accessibility, Energy Requirements, and the 2001 CBC, CMC, CPC, and CEC requirements. II. The following on-going conditions shall apply to the subject property as long as it relies upon this approval: 2. The restaurants operation in conjunction with the sale of alcohol and live entertainment shall be restricted to Sunday through Tuesday, 8 a.m. to ]] p.m, and Wednesday through Saturday, 8 a,m. to 12 a.m, 3, The live entertainment consisting ofa small band (limited to 3 musicians), karaoke, and dancing may occur only during the specified times and shall only occur inside the building. 4, The Applicant shall obtain approval of an Alcohol Beverage Control (ABC) License ITom the State of California and the Chula Vista Police Department and continue to obtain a valid ABC license throughout the operation of the business in order to serve the alcohol in the restaurant. 5, Only on-site sales of alcohol inside the restaurant and within the outside patio area are permitted. No alcohol shall be permitted within the common patio seating area for the shopping center. 6, Comply with the City's Municipal Code noise standards, If the project does not meet the City's Municipal Code Noise Standards, the City may revoke or modify the permit. 7. In order to reduce the noise of the live entertainment, the rear door adjacent to Mount Miguel Road shall remain closed during business hours. 8. There shall be no live entertainment such as dancing, topless entertainment, male or female performers or fashion shows on the premises. Live entertainment such as live music, disc jockey, karaoke may be provided in the interior of the premises shall comply with the City's Municipal Code noise standards, 9, The applicant shall provide recycling containers within the restaurant for the proper disposal of the glass or bottle beer or wine, PCC-07-060 Page 4 10. The Conditional Use Pennit shall be subject to review six months after the date of approval by the Zoning Administrator. Upon review by staff, the Conditional Use Pennit may be revoked, revised, modified, or additional conditions may be added. 11, This pennit shall expire in one year after tennination of the restaurant use, unless another restaurant occupies the site and is found to be consistent in nature with the previous use, The Zoning Administrator shall review this conditional use pennit for compliance with the conditions of approval and shall detennine, in consultation with the applicant, whether the project needs to be modified fTom its original approval as part of the consistency finding, 12. Approval of this request shall not waive compliance with all sections of Title 19 of the Municipal Code, and all other applicable City Ordinances in effect at the time of the issuance of the conditional use pennit. 13, This Conditional Use Pennit shall be subject to any and all new, modified or deleted conditions imposed after approval of this pennit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Applicant and after the City has given to the Applicant 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 Applicant of a substantial revenue source which the Applicant cannot, in the nonnal operation of the use pennitted, be expected to economically recover. 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 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 the signed and stamped copy of this recorded document within 10 days ofrecordation shall indicate the property owner/applicant's desire that the project, and the corresponding application for building pennits and/or business license, be held in abeyance without approvaL Signature of Property Owner Date 2330 Proctor Valley Road, Suite B-102 and B-103 Signature of Applicant Date PCC-07-060 Page 5 V. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their tenns, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their tenns, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building pennits, 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 Conditional Use Pennit may also result in the imposition of civil or criminal penalties, VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission 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 tenns, provisions or conditions are detennined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this Resolution and the Conditional Use Pennit shall be deemed to be automatically revoked and of no further force and effect. APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 13th day of June, 2007, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Byron Felber, Chair ATTEST: Diana Vargas, Secretary ~ D c::: CD ::J 0> ~ I - C ::J o ~ 'Of volley Rd, ,?\OC\ Mackenzie Creek Rd. Thurqood Morshal Elementorv School Mackenzie Creek Public Park C HULA VISTA PLANNING AND BUILDING DE PARTM E NT LOCATOR PROJECT Caraug, LLC. PROJECT DESCRIPTION: ~ APPLICANT: MISCELLANEOUS PROJECT 2330 Proctor Valley Rd. Project Description: Time Out Sports Bar & Grille, proposing live ADDRESS: Building "B" entertainment with Liquor sales, SCALE: FILE NUMBER: NORTH No Scale PCC-07-060 Related cases: PCC-07-054 J:\plan ning\ca rlos\locators \pcc07060 _ cdr 04.09 _ 07 Exh ibit A ATTACHMENT C Project Plans .....=-~, l~'-~ "- :, ~~TH) \36' '''21t>-< > ~ ~ " " g o 6' /J \f~ a~ V (JJ ~ (j) W :J -!~;~\Tl;~r:1~~- I (''''', 0 I I ,. ,I I , , , , $: CD C (1) I '!J JJ w :J o :J' ~, i I'e<; ~ I~'m' .::~" "\ r ; ',) -,r-' ,. 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". 5c!!!. ~~ 3, o;~ ~. o;~ "H o c ~o O. )>.2. ~~ ~-',. ~ ~. 8 ct '~:.- 11tH ~~.~~~ ~.<iii {j ;; ~ 2.~R;'~ HB[ :: " :: _ <:' Hin i ~!1 ~ iUli ~~ ~ ""<1>-1 o,~ 300 .I>.~.g ~~. ~ !l)we- 0' , ,.as og~ .:<.-g g ~ ='& s:i:o:::r: 000 ~~" ~&~ .00 ~:~ g "'~ Co. 0" ~ . C . 2.!!(,.; _0' o _~ ~:::"' o-~ ~~ ~ o. 8 g: 00 -~-~ . W . , !!~ ct!'; 00 ~. S' ffi. "'~, --J n ~ --J 2,' ~.g~~~[ ~ n::O ~",,,, ~I R ~ n ~ 7" ",,,-c f ~;~ilt ~ ~ -=. ro= CHU"''''''',,-CA.92. ~, I ., . i{ ~[ i !~.I,'II'I'~I.I 11' "" I[ B: .:"IO! :, :IZ' i' ! ~ 110 I,);;: '::1 I - f ~ " 3 " ~ f n g [ B g > g' ~ ~ . l:; ,P i~ i~ - ~ ,'-.D' " ~ ~ ~ [ ii " j ~~ S~ ~ S-- 3 ~" :; " ~ " - ~ D.,,,;o';O" ATTACHMENT D Disclosure Statement ~\{~ ~ p I ann & Building fJIJnning Division Department Development Processing n g Cl1Y Of CHULA VISTA APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any aciion upon matters that w,lI 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 Visia eledon must be filed. The following information musi be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the app1ication or the contract, e.g" owner, applicant, contractor, subcontractor, material supplier. l-l.\ 7 I.A~~-1''} ~v,J~~ ~j\fVt; I:, (p-c,z)\, --c-'<"iZ- L \,Lt, S. ~ v...., -=t::: U 2 If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals wile a $2000 investment in the business (corporation/partnership) entity. 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, lisl the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of Ihe trust 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before ihe City in this matter, ~\J\~''''1 (\:.,Mt 1,-1-{ ,M1W,l..d t't:~/\) ('J.!i2c\E-'" 5, Has any person' associated with this contract had any financial dealings wi~h 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 wiihin the past twelve (12) months to a current meenber of the Chula Vista City Council? No :z::.Yes _If yes, which Council member? :::'./6 Fourth A\e~llll> C:1 U:.1 Vi <;; a CJ I i 1'0111 i J q ll) 1 iJ : 11 1 lj, l'l\ i .;~ I U i ~\r.c-. -f- ~ = -= -~ P I ann n g & Building Planning Division Department Development PrDcessing CIlY Of (HULA VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equ,valent value) to an official" of the City of Chula Vista in the past twelve (12) months? (This indudes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes_ NO-fl If Yes, which official** and what was the nature of item provided? Date: :::) I cJ~ I iJ-:r I 1/( .(), s,g;t~e of ~:;: , I ~ ' L~\.:::: l\"'\~L\;J, ~\--l~\A;,L type name of Contractor/Applicant " - / c -( L":'V";"'-~A~_'l-- U Print or " Person is defined as: any individual, firm, co-partnership, joint venture, association, s(JClal 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 in dudes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 2-(J Four,h ~\'l:'nul:' (~ i' ~I I J \; s,;:; Cali lorn I,] q 1 L) III \ b I ~,\ [0 \ ; - -, . ,) I CHULA VISTA PLANNING COMMISSION AGENDA STATEMENT Item: 3 Meeting Date:06/13/07 ITEM TITLE: Public Hearing: PCS-06-13 Consideration of a Tentative Subdivision Map known as Napa Place, Chula Vista Tract 06,13 to subdivide 1.7 acres at 445 First Avenue into nine (9) Single Family Residential lots and one (1) common lot containing the private access road and guest parking. Applicant: Napa Place, LP, SUBMITTED BY: Director of Planning and Building INTRODUCTION The Applicant has submitted a Tentative Subdivision Map application to subdivide 1.7 acres at 445 First Avenue into nine (9) standard size residential single-family lots served by a private access road and guest parking, ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-06-020, in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-06-020 and associated Mitigation Monitoring and Reporting Program. BACKGROUND On February 22, 2007, a neighborhood meeting was conducted to discuss the tentative map proposal. Questions and concerns expressed at the neighborhood meeting included: 1) private road access; 2) lot sizes; and 3) traffic. Each of these issues will be discussed in detail in the body of this report. On May 7,2007, the Resource Conservation Commission (RCe) determined that the Initial Study IS-06-020 for the Project was adequate, and recommended adoption of the Mitigated Negative Declaration IS-06-020. PCS-06-13 Page No, 2 RECOMMENDATION That the Planning Commission adopt the attached Resolution, PCS-06-13, recommending that the City Council I) adopt Mitigated Negative Declaration 1S-06-020; 2) approve the proposed Tentative Subdivision Map known as Napa Place, Chula Vista Tract 06-13 allowing to subdivide 1.7 acres at 445 First Ave into nine (9) Single Family Residential lots and one (I) common lot containing the private access road and guest parking, based on the [mdings and subject to the conditions contained in the attached City Council Resolutions. DISCUSSION Project Site Characteristics: The Project site is located on the east side of First Avenue between "G" and "H" Streets. The Project site is rectangular in shape (235' X 320') and relatively level. The property gradually slopes from north to south approximately I O-ft, Access to the site is from First Avenue. The northern tenninus of Corte Helena Avenue adjoins the project site, but no access is taken from Corte Helena Avenue. A single family home and other accessory structures presently occupy the western end of the property and the remaining land is currently vacant. The existing surrounding land uses are as follows: General Plan Zoning Current Land Use Site: North: South: East: West: Residential Low Medium Residential Low Medium Residential Low Medium Residential Low Medium Residential Low Medium RI RI RI RI RI Single -Family Residential Single -Family Residential Single -Family Residential Single -Family Residential Single -Family Residential Project Description: The Tentative Subdivision Map consists of nine (9) residential lots served by a 26 ft wide private road, connecting the project to First Avenue, Eight guests parking stalls strategically located to serve all lots (see Project Plans, Attachment E), No access to and from Corte Helena Avenue is proposed as part ofthis tentative subdivision map. The individual lots are rectangular in shape and range in size from 6,072 sq, ft, to 7,670 sq, ft. Six of the nine lots (lots 4-9) feature 100% level building pads and three lots (lots 1-3) features a minor slope condition along the north property line. Access to the individual lots are directly and exclusively from the private road (see Project Plans, Attachment E), In order to create the above-mentioned building pads, grading of the site would consists of moving approximately 3,000 cu. ft, of soil, by either removing soil from one location to another or bringing in additional soil to create a level pad area. PCS,06-13 Page No.3 Analysis: Subdivision Design The subdivision design consists of nine lots served by a "T'" shaped private road taking access to First Avenue. The private road is 26 ft wide with sidewalk on one side (north side), rolled curbs and no parking on either side. No access is proposed on Corte Helena Avenue. At the neighborhood meeting of February 22, 2007, some of the residents asked questions if the applicant is proposing any future openings onto Corte Helena Avenue. The applicant stated that there is no current plan now or in the future to allow access through Corte Helena Avenue, The lots are rectangular in shape with frontage along the private drive to accommodate an access driveway and landscaping areas within the required building setback. The subdivision provides eight (8) perpendicular parking spaces throughout the project. The homeowners association, required as part of this Tentative Subdivision Map, will be responsible for the maintenance of the private road and on-site parking facility. At the neighborhood meeting of February 22, 2007, some of the residents asked questions regarding the lot sizes in relation to the surrounding properties. The existing surrounding lot sizes average about 7,600 square feet, which is typical for the R-I single-family area, with the exception of the parcel adjacent to the site to the north, which consist of 1.86 acres. Pursuant to Section 19.24.080 of the ChuIa Vista Municipal Code, twenty percent of the lots created by said subdivision may be reduced to 6,000 square feet, and ten percent of the lots thus created may be reduced to 5,000 square feet, provided that the average lot size of all the lots within the subdivision shall equal a minimum of 7,000 square feet. The proposed subdivision features seven lots that meet the minimum 7,000 sq. ft. requirement and two lots that meet the minimum 6,000 sq, ft. requirement, with an average lot size of7,000 sq. ft, The private road is proposed to be gated with a wrought iron fence and entry gate. The gate would be located approximately 45-ft from the curb line along First Avenue, allowing 2-vehicle queuing. The gate would remain open from 7:00 a,m. to 7:00 p.m. When the gate is closed, owners and guests will use a phone intercom system, which would be mounted on the passenger side approximately IO-ft in front of the gate. Owners will also have the option to use their remote control button to open the gate. All service provides would be furnished with a code number to access the site. The Police and Fire Deparhnents would require electronic apparatus, such as Opticom strobe entry system, and a Knox override switch to insure emergency vehicles would have access without delaying their response time. The City Engineer has reviewed the location of the gate and has determined that the required I 50-foot queuing distance could be waived based on the number oflots in this subdivision. Overall the Subdivision design is in confonnance with the City's Subdivision Manual, Zoning Ordinance and other associated regulatory documents, PCS-06-13 Page No, 4 Traffic The existing traffic volumes are 3,344 Average Daily Traffic (ADTs) on First Avenue and the primary access roads. The traffic generated by the project is approximately 72 ADTs, which will bring the total to 3,416 ADTs. The increase in traffic is not considered to be a substantial increase in either number of vehicle trips, volume or capacity along First Ave and surrounding street segments, Thus, the level of service (LOS) will remain at "c" on First Avenue and the primary access roads. At the neighborhood meeting of February 22,2007, some of the residents expressed concern regarding an increase level of traffic along First Avenue. Based on the above, the proposed residential infill proj ect is not anticipated to result in any significant traffic or circulation impacts. Drainage The proposed drainage improvements include two underground detention systems within the site, porous pavement with underground storage, and detention in a brow ditch. A new outlet may be required at the center of Corte Helena Avenue. Additional Best Management Practices (BMPs) included as part of the proj ect design consist of a stonn drain inlet protection system, rip rap outlet protection, protection of access and perimeter containment measures including open space and landscaped treatments throughout the project site. No adverse impacts to the City's drainage threshold standards will occur as a result of the proposed project. The proposed improvements are adequate to handle the project stonn water runoff generated from the site. A final drainage study will be required prior to issuance of any building pennit. Public Facilities Sewer The project site is within the boundaries ofthe City of Chula Vista wastewater services area. The existing area sewer facility system includes sewer lines along First Avenue and along Alpine Ave, There is an existing off-site 8" sewer main along First Avenue right of way, and a 6" PVC sewer main along Alpine Avenue crossing First Avenue, along the frontage of the proposed project site. The sewer main needs to be extended from the First Avenue sewer main to the project via a public utility easement within the private road. Individual lots would be connected to this sewer main extension. The applicant is required to grant an easement to the City of Chula Vista wastewater services for the purpose of maintenance of the proposed sewer lines. No adverse impacts to the City's sewer system, or City's sewer threshold standards will occur as a result of the proposed project. PCS-06-13 Page No, 5 Water According to Sweetwater Authority correspondence dated April 11, 2006 and April 19, 2006, an existing 6-inch water main is located on the east side of First Avenue, and a 4-inch water main on the east side of Corte Helena at the south end of the parceL The Project requires a new looped 8-inch water line connected to First Avenue and Corte Helena water mains, The 8-inch water line extension would be a public facility within the private road. The Owner must submit a plumbing plan that includes the total fixture unit COlUlt of all existing and new plumbing fixtures, so that the appropriate service size(s) for each individual lot can be detennined, Emergency Services The tenninus of the private street will be a l84-ft hammerhead, The Fire Department has reviewed the proposal and approved the proposed turn-around radius. A private fire hydrant shall be installed at the hammerhead in accordance with the requirement of the Fire Department. An Opticom strobe entry system and a Knox override switch would be required at the gate to provide access for emergency vehicles. Parks and ()pen Space There are two parks nearby located near the Project site. Norman Park is located .47 miles and Memorial Park is located .54 miles northwest ofthe Project site. The Applicant will be required to pay in-lieu park fees. Schools The project is within the boundaries of the Chula Vista Elementary School District, which serves children Kindergarten through Grade 6. The nearest public schools are Hilltop Drive Elementary, ,35 miles, Hilltop Middle School, .71 miles, and Hilltop High School, .53 miles southeast of the Project site. The Applicant will be required to pay applicable developer fees based upon assessable area. Proiect Compliance with Growth Management This project is below the threshold number of dwellings required to prepare a Water Conservation or Air Quality Improvement Plan. DECISION-MAKER CONFLICTS: Staff has reviewed the property holdings of Planning Commissioners and has found no property holdings within 500 feet of the boundaries ofthe property which is subject to this action. PCS-06-13 Page No.6 CONCLUSION: This Project is consistent with the Single-Family Residential (RI) Zone, General Plan designation of Residential Low Medium, and all other applicable codes and regulations of the Municipal Code. For the reasons stated above, staff recommends the Planning Commission adopt the attached Resolution PCS-06-13, recommending that the City Council I) adopt Mitigated Negative Declaration 1S-06,020; 2) approve the proposed Tentative Subdivision Map known as Napa Place, Chula Vista Tract 06-13 allowing to subdivide 1.7 acres at 445 First Ave into nine (9) Single Family Residential lots and one (I) common lot containing the private access road and guest parking, based on the findings and subject to the conditions contained in the attached City Council Resolutions. FISCAL IMPACT The application fees and processing cost are paid for by the Applicant. ATTACHMENTS A, Locator Map B. Planning Commission Resolution C, Draft City Council Resolution D. Mitigated Negative Declaration E, Disclosure Statement F, Proj eet Plans Prepared by: Caroline Young, Assistant Planner, Planning Division J :\PlantJing\Caroline\Discretionary Permits\PCS-06-13-PC Staff Report ATTACHMENT A Locator Map CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: (!) APPLICANT: Napa Place LP, SUBDIVISION PROJECT 445 . A Request: Proposed Tentative SubdivisiDn Map to subdivide a 1.7 ADDRESS: First v acre parcel into nine single-family residential lots. SCALE: FILE NUMBER: NORTH No Scale PCS-06-13 Related cases: IS-{)~20 J:\planning\carlos\locators\pcs0613.cdr 05.11.07 ATTACHMENT B Planning Commission Resolution RESOLUTION NO. PCS-06-13 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE A TENTATNE MAP KNOWN AS NAPA PLACE, CHULA VISTA TRACT 06-13 TO SUBDNIDE 1.7 ACRES AT 445 FIRST AVENUE INTO NINE (9) SINGLE-FAMILY RESIDENTIAL LOTS AND ONE (I) COMMON LOT CONTAINING THE PRNATE ACCESS ROAD AND GUEST PARKING -- NAP A PLACE, LP, WHEREAS, on March 27.2006, a duly verified application was filed with the City ofChula Vista Planning and Building Department by Napa Place, LP ("Applicant"), requesting approval of a Tentative Subdivision Map known as Napa Place, Chula Vista Tract 06-13 to subdivide 1.7 acres at 445 First Avenue into nine (9) Single Family Residential lots and one (1) common lot containing the private access road and guest parking ("Project"); and, WHEREAS, the area ofland which is the subject matter ofthis Resolution herein consists of a 1.7-acre lot located at 445 First Avenue ("Project Site"); and, WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-06-020, in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-06-020 and associated Mitigation Monitoring and Reporting Program; and, WHEREAS, the Planning and Building Director set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p,m., June 13, 2007, in the Council Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth Avenue, before the Planning Commission, and said hearing was thereafter closed; and, WHEREAS, the Planning Corrunission having received certain evidence on June 13, 2007, as set forth in the record of its proceedings herein by reference as is set forth in full, made certain findings, as set forth in their recommending Resolution PCS-06-13 herein, and recommended that the City Council approve the Project based on certain terms and conditions. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached Draft City Council Resolution approving the Project in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13th day ofJune, 2007, by the following vote, to-wit: AYES: NOES: ABSENT: Bryan Felber, Chair ATTEST: Diana Vargas, Secretary ATTACHMENT C Draft City Council Resolution DRAFT RESOLUTION NO. 2007-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE MAP KNOWN AS NAPA PLACE, CHULA VISTA TRACT 06,13 TO SUBDIVIDE 1.7 ACRES AT 445 FIRST AVENUE INTO NINE (9) SINGLE-FAMILY RESIDENTIAL LOTS AND ONE (1) COMMON LOT CONTAINING THE PRIVATE ACCESS ROAD AND GUEST PARKING -- NAP A PLACE, LP, I. RECITALS A. Project; Application for Discretionary Approval WHEREAS, on March 27, 2006, a duly verified application was filed with the City of Chula Vista Planning and Building Department by Napa Place, LP ("Applicant"), requesting approval of a Tentative Subdivision Map known as Napa Place, Chula Vista Tract 06,13 to subdivide 1.7 acres at 445 First Avenue into nine (9) Single Family Residential lots and one (I) common lot containing the private access road and guest parking ("Project"); and, B. Project Site WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented in Exhibit "A", copies of which are on file in the Office of the City Clerk, incorporated herein by reference, and for the purpose of general description herein consists of 1.7 acres located at 445 First Avenue ("Project Site"); and C. Environmental Determination WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an hritial Study, IS-06-020, in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has detennined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-06-020 and associated Mitigation Monitoring and Reporting Program; and WHEREAS, on May 7, 2007, the Resource Conservation Commission detennined that Initial Study IS-060-20 for the Previous Project was adequate, and recommended adoption of the Mitigated Negative Declaration, IS-06-020; and D. Planning Commission Record of Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on June 13, 2007, and after hearing staff's presentation and public testimony voted to recommend that the City Council approve the Project, in accordance with the findings and subj ect to the conditions listed below; and Resolution No. 2007- E. Council Record of Applications WHEREAS, the City Clerk set the time and place for the public hearing on the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the project and its mailing to the current tenants residing at 445 First A venue at least 10 days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on 2007, in the Council Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth Avenue, at 6:00 p.m, to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. NOW THEREFORE BE IT RESOLVED that the City Council does hereby find, detennine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on June 13, 2007, and the minutes and Resolution resulting there from, are hereby incorporated into the record of this proceeding. III.CERTlFICATlON OF COMPLIANCE WITH CEQA AND INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council, as lead agency, certifies that the Mitigated Negative Declaration (MND) and associated Mitigation Monitoring and Reporting Program (MMRP) (lS-06-020) were prepared in compliance with the California Environmental Quality Act (CEQA), the state CEQA Guidelines, and the Environmental Review Procedures of the City of Chula Vista, that the City Council has reviewed and considered the MND and MMRP, and that the MND and the MMRP represent the independent judgment and analysis of the City Council; therefore, the City Council hereby adopts the MND and MMRP. v. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein for 445 First Avenue, is in confonnance with the elements of the City's General Plan, based on the following: I. Land Use The project will be developed at a density of 5 dwelling units per acre, which is within the allowable residential density range of 3-6 dwelling units per acre. The project proposes a detached single family planned development which will be consistent with the character intended for a Residential Low-Medium area, and will be more compatible with the development of the surrounding area, which is primarily single family residential. The proposed project provides housing opportunities in the northwest portion of the City. Resolution No, 2007, 2. Circulation The subdivision design consists of nine lots served by a "T" shaped private road with direct access to First Avenue via a gated entrance. The private road is 26 ft wide with sidewalk on one side (north side), rolled curbs and no parking on either side. There are eight (8) guests parking stalls strategically located to serve all lots. No access is proposed on Corte Helena Avenue. The private road, gate, and guest parking spaces within the Project will be designed in accordance with the City design standards and/or requirements and provide for vehicular and pedestrian connections. 3. Public Facilities The Project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. There are no public service, facility, or phasing needs created by the Project that warrants the preparation of a Public Facilities Financing Plan. 4. Housing The Project is consistent with the density prescribed within the Residential - Low Medium General Plan designation, and the Project provides additional opportunities for single-family residential home ownership. 5. Growth Management The Project is in compliance with applicable Growth Management Element requirements because there are no public service, facility, or phasing needs that warrant the preparation of a Public Facilities Financing Plan. 6. Open Space and Conservation The project proposes individual single-family homes that meet the minimum open space requirement per the Chula Vista Municipal Code. The Envirorunental Review Coordinator has prepared a Mitigated Negative Declaration, IS-02-045, which addressed the goals and policies of the California Envirorunental Quality Act, and found the development of the site to be consistent with the goals and policies of the Conservation Element, 7. Parks and Recreation The Project has been conditioned to pay park acquisition and development fees prior to recordation of the Final Map. 8, Safety The City Engineer, Fire and Police Departments have reviewed the proposed subdivision for confonnance with City safety policies and have detennined that the proposal, as conditioned, meets those standards. Resolution No. 2007- 9. Noise The Project has been reviewed for compliance with the Noise Element and will comply with applicable noise measures at the time of issuance ofthe building permit. 10. Scenic Highwav This Project Site IS not located adjacent to or visible from a designated scernc highway, 11. Seismic Safetv A geotechnical investigation evaluation has been prepared for the project, which determined that there are no known active faults existing on the project site or in the immediate area, The closest known active fault is the Rose Canyon Fault located approximately 6.8 miles south of the project site. Therefore, project compliance with applicable Uniform Building Code standards would adequately address any building safety/seismic concerns. 12. Safetv The City Engineer, Fire, and Police Departments have reviewed the proposed subdivision of existing apartments to condominiums for conformance with City safety policies and have determined that the proposal meets the City Standards for seismic safety and emergency services. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the City Council finds that the configuration, orientation, and topography of the site allows for the optimum siting of lots for natural and passive heating and cooling opportunities and that the development of the site will be subject to site plan and architectural review to insure the maximum utilization of natural and passive heating and cooling opportunities. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. The site is physically suited for residential development because the proposed site can accommodate the density of residential development called for by the General Plan. E, The conditions herein imposed on the grant of permit or other entitlement herein contained are approximately proportional both in nature and extend to the impact created by the proposed development, Resolution No. 2007- BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below, V. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired, VI. GENERAL CONDITIONS OF APPROVAL A. Project Site is hnproved with Project The Applicant, or his/her successors in interest and assigns, shall improve the Proj ect Site with the Project as described in the Tentative Subdivision Map, known as Napa Place, Chula Vista Tract 06-13. VII. SPECIAL CONDITIONS OF APPROVAL A. The conditions herein imposed on the tentative map approval herein contained is approximately proportional both to nature and extent of impact created by the proposed development. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed by the Applicant or successor-in-interest to the City's satisfaction prior to approval ofthe Final Map, unless otherwise specified: GENERAL! PLANNING AND BUILDING 1. All of the tenns, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Applicant as to any or all of the property, 2, Applicant and/or his/her successors in interest, shall comply, remain in compliance and implement, the tenns, conditions and provisions, as are applicable to the property which is the subject matter of the Tentative Subdivision Map, as recommended for approval by the Planning Commission on June 13, 2007. Prior to approval of the Final Map for the project, the Applicant shall enter into an agreement with the City, providing the City with such security and implementation procedures as the City may require compliance with the above regulatory documents. The Agreement shall also ensure that, after approval of the Final Map, the Applicant and his/her successors in interest will continue to comply, remain in compliance, and implement such Plans. Resolution No. 2007- 3. Any and all agreements that the Applicant is required to enter into hereunder shall be in a form approved by the City Attorney, 4, The Applicant shall comply with all applicable sections of the Chula Vista Municipal Code, the City Growth Management Ordinance, and the City's General Plan, as amended ITom time to time. The Applicant shall prepare any final maps and all plans in accordance with the provisions of the Subdivision Map Act and the City of ChuIa Vista Subdivision Ordinance, Grading Ordinance, the Landscape Manual, and Subdivision Manual. 5. If any of the terms, covenants or conditions contained herein shall fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived ITom the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified in writing 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 6. The Applicant shall comply with the "Recycling and Solid Waste Management Plan" which has been approved by the City of Chula Vista Conservation Coordinator. The plan demonstrates those steps the Applicant will take to comply with Municipal Code, including, but not limited to Sections 8.24 and 8.25, and meet the State mandate to reduce or divert at least 50 percent of the waste generated by all residential, commercial and industrial developments, The Applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. The plan shall incorporate trash enclosures which are designed to comply with the City's N.P.D.E,S, permit if applicable, to provide compatibility with the architectural style of the development, and to enhance trash enclosure doors where they are highly visible, 7, All gates, walls, and fences shall comply with the City of Chula Vista Municipal Code and the City of Chula Vista Subdivision Manual. For the entry access gate, the Applicant shall provide a gate opener to the City's ITanchise hauler and an Opticom strobe entry system and a Knox override switch to the Fire Department and Police Department to access the site, The Applicant shall also request a waiver for the gate ITom the Engineering Department in regards to the requirements for a turn around area and stacking distance of 150 feet. 8. The phone intercom system for the entry access gate shall be mounted on the passenger side of the driveway as to not block emergency vehicle access to the site. 9. The Applicant shall provide a private fire hydrant at the hammerhead in accordance with the City ofChula Vista Fire Department. Resolution No. 2007- 10. The Applicant shall implement to the satisfaction of the City Environmental Review Coordinator and the City Engineer the mitigation measures identified in the Napa Place Tentative Subdivision Map Mitigated Negative Declaration (IS-06-020) and associated Mitigation Monitoring and Reporting Program. GRADING AND DRAINAGE 11. All onsite drainage facilities shall be private. 12. The Applicant shall submit a detailed grading plan in accordance with the Chula Vista Grading Ordinance is required before issuance of any building permits. Details such as type, cross sections, and profiles of all the proposed retaining walls shall be shown on the grading plans for City's review and approval. 13. The Applicant shall submit a drainage study prepared by a registered civil engineer to be reviewed and approved by the City Engineer prior to issuance of a grading permit or other development permit. Design of the drainage facilities shall consider existing onsite and offsite drainage patterns, The drainage study shall calculate the pre-developed and the post-developed flows and show how downstream properties and storm drain facilities are impacted. If the post-development flows exceed the pre-development flows, the study shall include calculations sizing proposed detention system( s). The extent of the study shall be as approved by the City Engineer. 14. Proposed curb outlets shall be designed to Chula Vista Design Standards CVCS-17, NPDES 15, The Applicant is required to obtain approval ofa Water Quality Technical Report prior to Grading Permit describing structural and non,structural Best Management Practices (BMPs) that will be implemented to prevent discharge of pollutants ITom the project site to public storm drainage systems. BMPs should intercept runoff from the project site and pre-treat said runoff prior to discharge to the public storm water conveyance system. Identify proposed BMP facilities to be used to treat storm water runoff ITom the site as part of the project Water Quality Technical Report. Said BMP facilities shall be reviewed and approved on the grading plans and inspected by the City's Stormwater Inspector. 16, The Applicant shall enter into an agreement to fully implement NPDES best management practices ("BMPs") to reduce the amount of pollutants entering the city's storm water conveyance system, including but not limited to: a. Installing and using efficient irrigation systems and landscape design; more specifically: i. Employ rain shutoff devices to prevent irrigation after precipitation, Resolution No. 2007- 11. Adjust irrigation systems to each landscape area's specific water requirements 111. Using flow reducers or shutoff valves triggered by a pressure drop to control water loss in the event of broken sprinkler heads or lines, IV. Employing other comparable, equally effective, methods to reduce irrigation water runoff. b. Employing integrated pest management principles, More specifically, eliminate and/or reduce the need for pesticide use by implementing Integrated Pest Management (!PM), including: (1) planting pest-resistant or well-adapted plant varieties such as native plants; (2) discouraging pests in the landscaping design; (3) distributing !PM educational materials to homeowners/residents. Minimally, educational materials must address the following topics: keeping pests out of buildings and landscaping using barriers, screens, and caulking; physical pest elimination techniques, such as, weeding, squashing, trapping, washing, or pruning out pests; relying on natural enemies to eat pests; and, proper use of pesticides as a last line of defense PUBLIC IMPROVEMENTS 17. An improvement plan showing all existing and proposed public improvements such as driveways, curb, gutter, pedestrian ramps, and sidewalk shall be submitted for City's review before Final Map approval by the City Council. 18. The Applicant shall install a 26-ft driveway per the City of Chula Vista Subdivision Manual standards, CVCS-IE. 19. Per City of Chula Vista Subdivision Manual, all proposed public sewer mains, located within public right of way, shall be 8-inch PVC minimwn. Extend an 8-inch PVC sewer by connecting to existing 8-inch sewer main on Corte Helena Avenue up to the property line and add a new standard sewer manhole just outside of this property line within City's right of way, This sewer manhole and the new 8-inch PVC main shall be public. PRN ATE OR ONSITE IMPROVMENTS 20. The onsite sewer system shall be private. All sewer laterals shall be privately maintained ftom each building and/or condo unit to the City maintained public sewer main. 21. The Applicant/Owner shall establish a homeowners association to fund and oversee a contract for the maintenance of the onsite private sewer system, The ftequency of maintenance of the sewer system shall be contained in the provisions of the Codes, Covenants & Restrictions (CC&Rs). The City Engineer and Director of Public Works shall approve the provisions of the CC&Rs regarding the onsite private sewer system prior to approval of the final map, Resolution No, 2007- CC&R'S 22. The Applicant shall submit CC&R's to the City Engineer and Director of Planning and Building for approval prior to approval of the final map, Said CC&R's shall include the following: . Indemnification of City for private sewer spillage. . Listing of maintained private facilities. . The City's right but not the obligation to enforce CC&R's. . Provision that no private facilities shall be requested to become public unless all homeowners and 100% of the first mortgage oblique have signed a written petition. . Maintenance of all walls, fences, lighting structures, paths, recreational amenities and structures, sewage facilities, drainage structures, guest parking, and landscaping shall be the responsibility of the Homeowners Association. . Implement education and enforcement program to prevent the discharge of pollutants from all on-site sources to the storm water conveyance system, Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and shall be recorded concurrently with the final map, 23. The Applicant shall submit a homeowners association (HOA) budget for review and approval prior to final map approval by the City Engineer for the maintenance of private streets, storm drains and sewage systems. Said budget shall include the following maintenance activities: a. Streets must be sealed every 7 years and overlaid every 20 years. b. Sewers must be cleaned once a year with a contingency for emergencies. c, Red curbs / striping must be painted once every three years, EASEMENTS 24. All existing easements and irrevocable offers of dedication shall be shown on the final map. A title report dated within 60 days of submittal of the final map shall be submitted together with backing documents for all existing public utility easements and offers of dedication. Applicant shall submit evidence of noticing to all existing public utility easement holders within the project boundaries as required by the Section 66436 of the Subdivision Map Act. AGREEMENTS 25, Prior to final map recordation, the Applicant shall enter into an agreement for the following; . Agree to defend, indemnifY and hold harmless the City and its agents, officers, and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees wit regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly Resolution No. 2007, notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. . Agree to hold the City hannless from any liability for erosion, siltation or increase flow of drainage resulting from this proj ect. . Agree to ensure that all franchised cable television companies ("Cable Company") are pennitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision, Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the tenns and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista, MISCELLANEOUS 26. The following fees will be required based on the final building plans submitted (see attached Development Checklist for more infonnation): a) Sewer Connection and Capacities fees b) Development Impact Fees c) Traffic Signal Fees 27, Payment of the current Park Acquisition and Development (PAD) fee is required prior to the Final Map approval in accordance with CYMC 17.10 "Parklands & Public Facilities". 28. The Final Map shall tie the boundary of the subdivision to the California System-Zone VI (NAD '83), 29. Submit copies of the Final Map, grading plans, and improvement plans in a digital fonnat 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 infonnation in accordance with the City Guidelines for Digital Submittal in duplicate on 3 Yz lID floppy disk prior to the approval of the Final Map. 30. Submit a confonned copy of a recorded tax certificate covering the property prior to approval of the Final Map. Resolution No, 2007- VIII. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Applicant and property owner shall execute this document by signing the lines provided below, said execution indicating that the property owner and Applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the property owner and the Applicant, and a signed, stamped copy of this recorded document shall be returned to the Planning and Building Department. Failure to retill11 a signed copy and a stamped copy of this recorded document within thirty days ofrecordation to the City Clerk shall indicate the property owner and Applicant's desire that the Project, and the corresponding application for building penuits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office and known as Document No, Signature of Applicant or Property Owner Signature of Applicant IX. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their tenus, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their tenus, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building penuits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame, X. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every tenu, provision and condition herein stated; and that in the event that anyone or more tenus, provision, or conditions are detenuined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect. Presented by: Approved as to fonu by: James D. Sandoval Director of Planning & Building Ann Moore City Attorney J:\Planning\Caroline\Discretionary Permits\FCS-06-13 CC Reso C HULA VISTA PLANNING AND BUILDING DEPARTMENT LQCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: Napa Place LP. SUBDIVISION PROJECT 45. A Request: Proposed Tentative Subdivision Map to subdivide a 1.7 ADDRESS: 4 First v acre parcel into nine single-family residential lots, SCALE: FILE NUMBER: NORTH No Scale PCS-06-13 Related cases: IS-D6-D20 J:\planning\carlos\locators\pcs0613.cdr 05.11 ,07 'E.X'M\e.,\\ " ATTACHMENT D Mitigated Negative Declaration Mitigated Negative Declaration PROJECT NAME: Napa Place PROJECT LOCATION: 445 First Avenue ASSESSOR'S PARCEL NO.: APN #563-290-0400 PROJECT APPLICANT: Napa Place LP Fernando Orvananos CASE NO,: IS-06-020 DATE OF DRAFT DOCUMENT: April 23, 2007 DATE OF RESOURCE CONSERVATION COMMISSION MEETING: Mav 7. 2007 DATE OF FINAL DOCUMENT: June 1. 2007 Revisions made to this docnment subsequent to the issuance of the notice of availability of the draft Mitigated Negative Declaration are denoted by underline. A, Proiect Setting The 1.7-acre project site is located at 445 First Avenue, within the urbanized area of Western Chula Vista, (Exhibit 1- Locator Map). The site is adjacent to Alpine Ave, Alvarado Street, and Corte Helena Avenue and between G Street and H Street. Primary access to the site is currently provided off of First Avenue. The entire project site has been partially disturbed with previous uses including a single-family residence and garage/shed, The land uses immediately surrounding the project site are as follows: North: South: East: West: Single-Family Residential Single-Family Residential Single-Family Residential Single-Family Residential B. Proiect Description The proposal consists of subdividing the project site into 9 single-family parcels. Access to the site would be provided via a private road entrance off of First Avenue. The project includes the demolition of an existing single-family residence and garage/shed. Proposed on-site improvements include drainage facilities, sewer system facilities, fire hydrants, retaining walls, fencing, improved paved areas, open space and landscape treatments. The proposal consists of a Tentative Map application. The project is identified as developable area within the City of Chula Vista Multiple Species Conservation Program Subarea Plan, I C. ConJPliance with Zoning and Plans The proposed project site is within the General Plan RLM (Low-Medium Residential Density/3-6 dwelling units per acre) and RI (Single-Family Residential) Zone, The proposed project has been found to be consistent with the applicable site development regulations and the General Plan, D, PublIc Comments On May 23, 2006, a Notice of Initial Study was circulated to property owners within a 500,foot radius of the proposed project site, The public review period ended June I, 2006. Two verbal comments were received during this period regarding the land use and density. These issues are addressed in the Planning staff report. On April 24. 2007 a Notice of Availability of the Proposed Mitigated Negative Declaration for the proiect was posted in the County Clerk's Office and circulated to property owners within a 500-foot radius of the proiect site. The 30-dav public comment period closed on Mav 24. 2007, No written public comments were received during the public review period, E, Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including an attached Environmental Checklist form) determined that the proposed project may have potential significant environmental impacts however; mitigation measures have been incorporated into the project to reduce these impacts to a less than significant level. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State of California Quality Act (CEQA) Guidelines, Air Quality Short-Term Construction Activities The proposed project will result in a short-term air quality impact created trom construction activities associated with the proposed project. The gTading of the site for future single-family residential development and worker and equipment vehicle trips will create temporary emissions of dust, fumes, equipment exhaust, and other air pollutants associated with the construction activities, Air quality impacts resulting trom construction-related operations are considered short-term in duration. In order to analyze potential project impacts/emissions, the emission factors and threshold criteria contained in the 1993 South Coast Air Quality Management District CEQA Handbook for Air Quality Analysis were used, Table I below provides a comparison of daily construction emissions to the SCAQMD's emission thresholds of significance for each criteria pollutant. Emissions were calculated using the URBEMIS 2002 model. The addition of emissions to an air basin is considered under CEQA to be a significant impact. Implementation of the Mitigation Measure 1 contained in Section F below would mitigate short-term construction-related air quality impacts to below a level of significance. These measures are included as a part of the Mitigation Monitoring and Reporting ProgTam. Combined Short- Term and Long- Term Impacts In order to assess whether the project's contribution to ambient arr qualIty is cumulatively considerable, the project's operational emissions were quantified, The proposed project once developed will not result in significant long-term air quality impacts, The minimal project generated traffic volume would not result in significant long-term local or regional air quality impacts. Through project design, emission-controlled construction vehicles and efficiency building product, no area 2 source or operational vehicle emission estimates wil1 exceed the Air Quality significance thresholds; therefore, no mitigation measures are required. Refer to Table 2,0 below, Biological Resources A Biological Resource Analysis was prepared by Tierra Environmental Services, Inc" dated February 7, 2007, to assess the potential biological resource impacts of the project. A biological reconnaissance survey of the project site was conducted on May 23, 2006 to identifY existing vegetation on the site. The biological resource analysis is summarized below, Existing Conditions The L7-acre project site consists entirely of developed and disturbed vegetation. Developed vegetation consists of ornamental landscaped areas and non-native cultivated vegetation, The disturbed vegetation area is now dominated by non-native plants and approximately 40-60 ornamental trees primarily Brazilian Pepper and Chinese elm. A portion of the northern property is currently vacant and undeveloped. The project site is located within in the City of Chula Vista MSCP Subarea Plan boundary in an area designated as a "Development Area." Under the Subarea Plan, the proposed project is not subject to the requirements under the Habitat Loss Incidental Take (HUT) Ordinance. Wildlife/Sensitive Species/Sensitive Habitats The biological report stated that wildlife species such as birds and butterflies occupied the site, Although the project area may support some smal1 mammal and reptile species, none were detected during the survey, No potential appropriate habitat for any of the sensitive species reported occurred on-site. Although no raptors were observed during the site survey, large trees occurring on-site may provide suitable habitat for Cooper's hawk (Accipiter cooperi) which is a covered species under the city of Chula Vista's MSCP Subarea Plan and a State species of special concern. Existing tal1 trees on site may also provide nesting habitat for a variety of migratory birds further discussed in Project Impact section below. Sensitive habitats include those communities considered unique because they host many species of plants and animals that are rare of substantial1y depleted, In accordance with the City of Chula Vista MSCP, these developed and disturbed vegetation areas are not considered sensitive habitats, Project Impact The existing lot supports a number of 40 to 60 foot ornamental trees. The proposed removal of these trees during development wil1 impact potential habitat for the Cooper's Hawk and other migratory bird species if the development occurs during the breeding season between January 15 through August 31, If construction must occur during the breeding season, pre-construction surveys shal1 be conducted to deteffi1ine the presence or absence of nesting raptors, Therefore, the proposed project may result in impacts to sensitive biological resources and mitigation measures are required. Further mitigation measures include clearing, grubbing or grading peffi1its, and temporary orange biological fencing to be instal1ed around the Brazilian Pepper, Chinese elm, and other mature tal1 trees that may provide nesting habitat for migrant birds. The City-approved biologist wil1 delineate the dripline of the trees and monitor the instal1ation of the temporary fencing. Implementation of the mitigation measures identified in Section F of this Mitigated Negative Declaration wil1 reduce potential1y significant biological impacts to a level below significance, 3 Habitat Loss Incidental Take (HUT) Permit The project area is located within an area designated by the City of Chula Vista Subarea Plan as Developed Areas Outside of City of Chula vista Covered Projects and where it has been demonstrated that no Sensitive Biological Resources exits. Thus, the project is exempt from the City of Chula Vista Habitat Loss and Incidental Take Ordinance (Section 17,35 of the CVMe), Geology and Soils To assess the potential geologicallsoils impacts of the project, a Geotechnical Investigation evaluation was prepared by Allied Earth Technology, dated July 2005, No groundwater was encountered on the site, No major groundwater related problems, either during or after construction, are anticipated. No significant geological or soil impacts would be created as a result of the proposed project as conditioned, The site was graded previously with the development of the existing house and garage/shed. Proposed fill grading will occur over the entirety of the 1..J.7-acre site, Grading includes 800 cubic yards to be excavated, fill of 1,500 cubic yards, and 700 cubic yards of soil imported with a maximum cut and fill slope ratio of 2: 1. The preparation and submittal of a final soils report will be required prior to the issuance of a grading pennit as a standard engineering requirement. According to the City's Engineering Division, the project will require a grading pennit. In order to prevent silt discharge during construction, the developer will be required to comply with best management practices in accordance with NPDES Order No. 2001-01. The appropriate erosion control measures would be identified in conjunction with preparation of final grading plans and would be monitored and implemented during construction by the Engineering Division. Therefore, the potential for the discharge of silt into city drainage systems would be less than significant. The mitigation measures contained in Section F below would mitigate potential geologicallsoils impacts to a less than significance level. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Hazards The project proposal includes the demolition of the existing residence, and garage/shed. The potential exists for impacts to result from the demolition of structures that may contain lead and asbestos, Therefore, prior to any demolition activities, a licensed and registered asbestos and lead abatement contractor will perfonn asbestos and lead-based paint abatement in accordance to all applicable local, state and federal laws and regulations, including San Diego County Air Pollution Control District Rule 361.145 - Standard for Demolition and Renovation, The mitigation measures contained in Section F below would mitigate potential hazards/hazardous materials impacts to a less than significant level. These measures are included as a part of the Mitigation Monitoring and Reporting Program, Hydrology and Water Quality Existing The existing site drainage flows toward properties south of the site, First Avenue and Corte Helena Avenue, There is an existing 27 inch drainage pipe and curb inlet located north ofH Street on the east side of First Avenue and an existing 27 inch drainage pipe and curb inlet located at H Street just east of First Avenue. Other existing on-site and off-site drainage is divided into sub-basins. Adjacent properties north and east of the site sheet flow onto the project property. 4 Proposed According to the Engineering Department, the proposed improvements are adequate to handle the project storm water runoff generated rrom the site. The existing flow to First Ave and Corte Helena were analyzed under the IOO-year flood event, The proposed drainage improvements include two underground detention systems within the site, with porous pavement with underground storage and detention in the brow ditch, The proposed outlet at the center of Corte Helena, draining a portion of Sub-basin E2, maybe required to outlet at westerly gutter of Corte Helena. Additional Best Management Practices (BMPs) included as part of the project design consist of a storm drain inlet protection system, rip rap outlet protection, protection of access and perimeter containment measures including open space and landscaped treatments throughout the project site, No adverse impacts to the City's drainage threshold standards will occur as a result of the proposed project. As a standard condition, a final drainage study will be required in conjunction with the preparation of the project grading plans, Properly designed drainage facilities will be installed at the time of the site development to the satisfaction of the City Engineer. In addition, compliance with required NPDES regulations and BMPs will reduce water quality impacts to a less than significant level. These measures are included as a part of the Mitigation Monitoring and Reporting Program (See Section F), Wastewater Services/Sewer System The project site is within the boundaries of the City of ChuIa Vista wastewater services area. The existing area sewer facility system includes sewer lines along First Avenue and along Alpine Ave. There is an existing off-site 8" sewer main along First Avenue right of way, and a 6" PVC sewer main along Alpine Avenue crossing First Avenue along the rrontage of the proposed project site, The applicant will be required to submit a final sewer study to the satisfaction of the City Engineer, The applicant is required to grant an easement to the City of Chula Vista wastewater services for the purpose of maintenance of the proposed sewer lines. No adverse impacts to the City's sewer system or City's sewer threshold standards will occur as a result of the proposed project. F, Mitigation Necessary to Avoid Significant Impacts Air Quality 1. The following air quality mitigation requirements shall be shown on all applicable grading, and building plans as details, notes, or as otherwise appropriate, and shall not be deviated rrom unless approved in advance in writing by the City's Environmental Review Coordinator: . Minimize simultaneous operation of multiple construction equipment units. . Use low pollutant-emitting construction equipment, . Use electrical construction equipment as practical. . Use catalytic reduction for gasoline-powered equipment. . Use injection-timing retard for diesel-powered equipment. . Water the construction area twice daily to minimize fugitive dust. . Stabilize graded areas as quickly as possible to minimize fugitive dust. . Pave permanent roads as quickly as possible to minimize dust. . Use electricity rrom power poles instead of temporary generators during building, if available. . Apply stabiJizer or pave the last 100 feet of internal travel path within a construction site prior to public road entry, . Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads. . Remove any visible track-out into traveled public streets within 30 minutes of occurrence, 5 . Wet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has occurred. . Provide sufficient perimeter erosion control to prevent washout of silty material onto public roads, . Cover haul trucks or maintain at least 12 inches of rreeboard to reduce blow-off during hauling, . Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 miles per hour, Biological Resources 2. To avoid any direct impacts to nesting Coopers' hawk and other nesting migratory birds occur during construction (including clearing and grubbing), construction activities should occur outside of the raptor and general avian breeding season (January 15 through August 31) If construction must occur during the breeding season, pre-construction surveys shall be performed by a City-approved biologist to determine the presence or absence of nesting raptors within 300-feet of the construction area. The pre-construction survey shall be conducted within 10 calendar days prior to the start of any construction related activities (including removal of vegetation), the results of which must be submitted to the City's Environmental Projects Manager for review and approval. If nesting raptors are detected by the City- approved biologist, a biological monitor shall be present on-site during construction to minimize construction impacts and ensure that nest should be removed or disturbed until all young have fledged. 3, Prior to issuance of any land development permit, including clearing, grubbing or grading permits, temporary orange biological fencing shall be installed around the Brazilian Pepper, Chinese elm, and other mature tall trees that may provide nesting habitat for migrant birds, Fencing shall be constructed in accordance with the development plans to the satisfaction of the Environmental Review Coordinator. The City's Mitigation Monitor will conduct periodic site visits to verify the placement of the biological fencing and to ensure that all construction activities remain within the approved limits of grading, Geological 4, Prior to the issuance of construction permits, the applicant shall provide evidence to the City Engineer that all the recommendations in the Allied Earth Technology, dated July 2005 have been satisfied. HazardslHazardous Materials 5, Prior to any demolition activities, a licensed and registered asbestos and lead abatement contractor shall perform asbestos and lead-based paint abatement in accordance to all applicable local, state and federal laws and regulations, including San Diego County Air Pollution Control District Rule 361.145 -- Standard for Demolition and Renovation, Hvdrology and Water Qualitv 6, Prior to the issuance of a grading permit, a final drainage study shall be required in conjunction with the preparation of the final grading plans and must demonstrate that the post-development peak flow rate does not exceed the pre-development flows as indicated in the Drainage Study dated September 27,2006, and to the satisfaction of the City Engineer. Additionally, the City 6 Engineer shaH verify that the final grading plans comply with the provIsions of California Regional Water Quality Control Board, San Diego Region Order No, 2001-01 with respect to construction-related water quality best management practices, If one or more of the approved post construction BMPs is non-structural, then a post-construction BMP plan shaH be prepared to the satisfaction of the City Engineer prior to the commencement of construction, Compliance with said plan shaH become a permanent requirement of the Mitigation Monitoring and Reporting Program, 7, Prior to the issuance of a grading permit, temporary desihing and erosion control devices shaH be instaHed, Protective devices shall be provided at every storm drain inlet to prevent sediment from entering the storm drain system, These measures shaH be rellected in the grading and improvement plans to the satisfaction of the City Engineer and Environmental Projects Manager. 8, Prior to issuance of street improvement permit, a final sewer study wiH be required to the satisfaction of the City Engineer. The applicant is required to grant an easement to the City of Chula Vista wastewater services for the purpose of maintenance of the proposed sewer lines. G. Agreement to Implement Mitigation Measures '.Ry.signing the line(s) provided below, the Applicant and Operator stipulate that they have each read. understood and have their respective company's authority to and do agree to the mitigation measures contained herein, and will implement same to the. satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) provided below prior to posting of this Mitigated Negative Declaration with the County Clerk shaH indicate the Applicant's and Operator's desire that the Project be held in abeyance without approval and that the Applicant and Operator shaH apply for an Environmental Impact Report, Signature of (or authorize '1- ). 3- L1 7- Date Lj - Z3 .- 0 i- Date N/A Printed Name and Title of Operator (if different from Applicant) Date N/A Signature of Operator (if different trom Applicant) Date 7 H, Consultation L Individuals and Organizations City ofChula Vista: Steve Power, Planning and Building Department Luis Hernandez, Planning and Building Department Maria Muett, Planning and Building Department Josie Gabriel, Planning and Building Department Jeff Steichen, Planning and Building Department Lynnette Lopez, Planning and Building Department Kirk Ammerman, Engineering Department Khosro Aminpour, Public Works Operations Tom Adler, Engineering Department Silvester Evetovich, Engineering Department Jim Newton, Engineering Department Ben Herrera, Engineering Department Gary Edmonds, Fire Department Others: Dee Peralta, Chula Vista Elementary School District Sweetwater Authority 2, Documents City ofChula Vista General Plan, 2005 (as amended), Title 19, Chula Vista Municipal Code, Final Environmental Impact Report, City of Chula Vista General Plan Update, EIR No, 05-01, December 13, 2005. City ofChula Vista MSCP Subarea Plan, February 2003, Biological Resources Technical Report for the Napa Place Condominium Project, Chula Vista, Tierra Environmental Services, Inc., February 7, 2007 and associated addendum dated April 2007. Drainage Study for Napa Place, Chula Vista, Burkett & Wong, September 27,2006. Water Quality Technical Report for Napa Place, 445 First Ave, Chula Vista, Burkett & Wong, November 19, 2006 Soils Investigation for 445 First Ave, Chula Vista, Allied Earth Technology, July 2005, Cultural Resources Survey Report for Napa Place Project, 445 First Ave, Chula Vista, Tierra Environmental Services, Inc., June 2006. Air Quality URBEMIS Model, April 2007 8 3. Initial Studv This environmental detennination is based on the attached Initia1 Study, and any comments received in response to the Notice of Initia1 Study. The report reflects the independent judgment of the City of ChuJa Vista. Further infonnation regarding the environmental review of this project is avai1able from the Chula Vista Planning and Building Department, 276 Fourth Avenue, Chu1a Vista, CA 91910. Date: t / /07 . J:\Planning\Caroline\Environmental\ Initial Study\445 First Ave Napa Place\I$-06-020FinalMND.doc 9 C HULA VISTA PLANNING AND BUILDING DE PARTM E NT LOCATOR PROJECT PROJECT DESCRIPTION: Q) APPLICANT: Napa Place LP. INITIAL STUDY PROJECT 45' A Request: Proposed Tentative Subdivision Map to subdivide a ADDRESS: 4 First v 1.7 -acre parcel into nine single-family residential lotS. SCALE: FILE NUMBER: NORTH No Scale 15-06-020 Related cases: PCS-D6-13 J :\plan n ing\c3.rlos \IOC'::ilors \is06020_ cd r 03 _26 _ 07 E"- \"\\\;)\-1- ~ M I \, ~j! ~t ! , , ~ ~~ ~h~~~~g ..1'1 ~ _:"'~ ~al': ^" !~~hr';! ;; ~':i'" 5 ~~g2~~~: ~~~ 1 "u"a~-_ ", .q!:~~H ~~; ~~,,-., :~i ;~i~~~!~ .:;~ F4i;{~~; ,,_I g~; ~~,~aH~~ ~H ~!~~I~!~ ~ !~ !!i i~H!~!~ i 9: ~~g l~~h~~= \'I oc ~~a ~~~~~f~! ~ s~~ ~~:;:~~~~~I ~ o .,:;;~ : :~~USl":oI A < ~~~ i~:w!~lg;;i : i;~ OIIH !~~~~ g W Z U - <( <C<( --.J--.Jf-- o....o....W > W<( f-o....<( W<(--.J Z=:) ::r: U I :,~ Iln[l[i I I " 06 \ :U .J i :) r?O@ot it: ~ !,. 1 ~ 1 g i J _ 0 i~~~ ~B fi ~ H!iHiHg~~f 1_' nn~d:~HH~ :3 ~ e 3';'';;';';'';';';; jH~ . ~ ~.. ,.. . ,,- "',,:; in; ! , . ! ; ::::D' we .YO ~" .0"':1 ~~~~~~ ,,:. !i~.~Hl~~ ;: :~~g~:~ ~: iI!'1~~~iI :.rC' ,,~::1 ~m ".~~ig~~:~ !"T'-' ~~i:~.E~i~ i~..~:.~Bd ~:g~~,~~~~~ H~h~~~2~ 't~~~~;?~~; ~~~~~!~!;j~ h1~1!!~~-h ~I'i~"l :i~;:2i l~i~!i III;"'~ ~~~'/j~H.,a~ llhJJn"': ~7.ig..l~~~~ I""T'" \I~~~ili~~~~ , i ! , ! 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Jj , < ~ ~ 5 , ~I , :5 t: : ~: ,~ ~ ~;;,: oj i 'f~m\j; ~; " . ~~ H t I \ \ \ ATTACHMENT "A" MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) NAPA PLACE- 18-06-020 This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista in conjunction with the proposed Napa Place project. The proposed project has been evaluated in an Initial Study/Mitigated Negative Declaration prepared in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA Guidelines (IS-06-020) The legislation requITes public agencies to ensure that adequate mitigation measures are implemented and monitored for Mitigated Negative Declarations. AB 3 I 80 requires monitoring of potentially significant and/or significant environmental impacts. The Mitigation Monitoring and Reporting Program for this project ensures adequate implementation of mitigation for the following potential impacts(s): 1. Air Quality 2. Biological Resources 3. Geology and Soils 4. Hazards and Hazardous Materials 5. Hydrology and Water Quality MONITORING PROGRAM Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators shall be the Environmental Projects Manager and City Engineer of the City of Chula Vista. The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and Reporting Program are met to the satisfaction of the Environmental Projects Manager and City Engineer. The applicant shall provide evidence in written fonn confinning compliance with the mitigation measures specified in Mitigated Negative Declaration IS-06-020 to the Environmental Projects Manager and City Engineer. The Environmental Projects Manager and City Engineer will thus provide the ultimate verification that the mitigation measures have been accomplished. Table 1, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative Declaration IS-06-020, which will be implemented as part ofthe project. In order to detennine if the applicant has implemented the measure, the method and timing of verification are identified, along with the City department or agency responsible for monitoring/verifying that the applicant has completed each mitigation measure. Space for the signature of the verifying person and the date of inspection is provided in the last column. J:\Planning\Caroline\Environrnental\lnitial Study\445 First Ave Napa Place\IS-06-020MMRPtext.doc E i" " E 'c o ::; " o ~ '" ~ ...... Q) :is IV I- .. E " E E o <.> " i ro ;; 0 Q. E o <.> :;: ~ C) o Ir D.; C) Z ~ o D.; W Ir C z <C C) z ii2 o !:: z o :;: z o !( (!) I- :;: " :a "in >r. "to 0", 0.Q. .. 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" ...a::s roz.'E~ ~u~~ (I) Q) 0 v.i I.... CO..c 00- (I) ..~ .....~:: m (IJ~ ~.~ ~ c:.~ Q> ~ ~g ~ ~ ~ 5_~@fJ)(I) S~:m OJ(j)~ >- E..... 0...... V,I l-Q)m.....~8.. ~ e; (I) -g JB 0 .~a.=.S~c. O.S.9g-3=~ O:::......"O....ro_ W Q) ~.~ U) 0 I- Q).- .- (1) <C~5-E>g ~o~,g~~ ~ Q) ~ 8:6 JB <(g=<tI_.~ >-~3=~oE (!)rni;'I->._ o CI)::J .:=: 0 ...J.-...... Q:5U Q) O.8~~Q)~ 0:::: .... Q)._..c:; p ~ .g ~ 8'~ ~ I a.. (J)W"",;-.: ,,0 02 ~~ o:i .Q) ~ :::ro :;;~ ~!~ ~r- ~~ ENVIRONMENTAL CHECKLIST FORM CITY OF CHUIA VISTA 1. Name of Proponent: Napa Place LP Fernando Orvananos 2. Lead Agency Name and Address: City of Chula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: 311 F Street, Suite 204 Chula Vista, CA 91910 (619) 425-7800 4. Name of Proposal: Napa Place 5. Date of Checklist: Apri123, 2007 6. Case No.: 1S-06-020 ENVIRONMENTAL ANALYSIS QUESTIONS: Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorpo.-ated Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? 0 0 0 . b) Substantially damage scenic resources, including, 0 0 0 . but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? C) Substantially degrade the existing visual character or D D D . quality of the site and its surroundings? d) Create a new source of substantial light or glare, D D D . which would adversely affect day or nighttime views in the area? 1 Comments: a-b) The proposal inc1udes the deve10pment of nine single family residential units with site improvements in accordance with the City of ChuJa Vista Municipal Code and Design Review Guidelines. The proposed landscape improvements wou1d enhance and improve the aesthetic quaJity of the neighhorhood street, First Avenue. The proposed project would not damage any scenic resources, vegetation, or historic buildings within a state scenic highway. The project site contains no scenic vistas or views open to the pubJic. The deve10pment layout is designed not to block any private vista views from the existing and proposed residential units. c) The proposal is an infill residential development project. The proposed project will not substantially degrade the existing visual character or quality of the project site or its adjacent residential surroundings. The project site is planned for residential development according to the General Plan Land Use regulations. d) The proposal will be required to comply with the City's minimum standards for roadway Jighting. The project will be required to comp1y with the light and glare regulations (Section 19.66.100) of the Chula Vista Municipal Code (CYMe). Compliance with these regulations will ensure that no significant glare, or Jight would affect daytime or nighttime views in the surrounding residential neighborhood area. Mitie:ation: No mitigation measures are required. Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact II. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultura1 use? b) Conflict with existing zoning for agricultuml use, or a Williamson Act contract? D D D . D D D . c) Involve other changes in the eXlstmg environment, which, due to their location or nature, could result in conversion ofFarrnland, to non-agricultural use? D D D . 2 Comments: (a-c) The project site and the surrounding properties are developed with one single fami1y house on each lot. These properties are consistent with the Chula Vista General Plan and zoning designation, and contain no agricu1tural resources or designated fannland. The proposa1 would not convert Prime Farmland, Unique Farmland or Fannland of Statewide Importance to non-agricultural use and no impacts to agricultural resources would be created as a result of the proposed project. Mitillation: No mitigation measures are required. Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact ID. AIR QUALITY. Would the project a) Conflict with or obstruct implementation of the applicable air quality plan? D D D . b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? D D D . c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? D D . D d) Expose sensitive receptors to substantial pollutant D . D D concentrations? e) Create objectionable odors affecting a substantial D D D . number of people? 3 Comments: a, b, and e) The project site is located within the San Diego Air Basin (SDAB). The proposal would generate insignificant amounts of additional traffic. The proposal would not conflict with air quality plans or standards. For these reasons, the proposed project would not result in any significant long-tenn local or regional air quality impacts. c and d) See Mitigated Negative Declaration, Section E. Miti!?;ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentiaI1y significant air quality impacts to a level ofIess than significance. Issues: IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 4 Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o o . o o o . o o . o Issues: d) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? e) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments: a-d, and f) See Mitigated Negative Declaration, Section E. Potentially Significant Impact D D Less Than Significant With Mitigation Incorporated D D Less Than Significant Impact No Impact D . D . e) No impacts to any local policies or ordinances protecting biological resources, such as a tree preservation p01icy or ordinance would result trom the proposed project development. Miti!!ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant biological resource impacts to a leve1 ofless than significance. Issues: v. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in State CEQA Guidelines ~ 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to State CEQA Guidelines ~ 15064.5? 5 Potentially Significant Impact D D Less Than Significant With Mitigation Incorporated D D Less Than Significant Impact No Impact D . D . Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact C) Direct1y or indirectly destroy a unique paleontological D D D . resource or site or unique geologic feature? d) Disturb any human remains, including those interred D D D . outside offormal cemeteries? Comments: a) According to the Cultural lWoums Survry Reportprepm:ed by Tierra Environmental Services, Inc., the proposed project will not constitute a substantial, adverse change to the significance of an historical resource as the residence has been determined by the analysis not to be historically or architecturally significant within the project impact area. Therefore, no substantial adverse change in the significance of a historica1 resource as defined in Section 15064.5 is anticipated and no mitigation measures are required. b) Based on the level of previous site disturbance, the potential for significant impacts or adverse changes to archaeological resource as defmed in Section 15064.5 is not anticipated. c) Based on the level of previous disturbance to the site and the relatively 1imited amount of additional grading for the proposed project, no impacts to unique paleontological resources or unique geologic features are anticipated. d) No human remains are anticipated to be present within the impact area of the project site. Mitigation: No mitigation measures are required. Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose peop1e or structures to potential substantia1 adverse effects, including the risk of loss, injury or death involving: D D D . 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? D D D . 6 Less Than Potentially Significant Less Than With Issues: Significant .Mitigation Significant No Impact Impact Incorporated Impact u. Strong seismic ground shaking? D D D . 111. Seismic-related ground fai1ure, inc1uding liquefaction? D D D . IV. Landslides? D D D . b) Result in substantial soil erosion or the loss of topsoil? D D . D c) Be located on a geologic 11Ilit or soil that is unstable, D . D D or that would become 11Ilstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, creating substantial risks D D . D to life or property? e) Have soils incapable of adequately supporting the use D D D . of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: a) The site has been previous1y graded and developed with single family residential units. There are no known active faults existing on the project site or in the immediate area. The c10sest known active fault is the Rose Canyon Fault located approximately 6.8 miles south of the project site. Therefore, project compliance with applicab1e Unifonn Building Code standards would adequately address any bui1ding safety/seismic concerns. bod) See Mitigated Negative Dec1aration, Section E. e) No septic tanks will be used for this project, since the site will be connected to the existing City sewer system. Miti2ation: The mitigation measures contained in Section F of the Mitigated Negative Dec1aration would mitigate potential1y significant geological impacts to a level ofless than significance. 7 Less Than Potentially Significant Less Than With Issu es: Significant Mitigation Significant No Impact Impact Incorporated Impact VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the 0 . 0 0 environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the 0 . 0 0 environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or 0 0 0 . acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of 0 0 0 . hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, 0 0 0 . where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, 0 0 0 . would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with 0 0 0 . an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk ofloss, 0 0 0 . injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intennixed with wildlands? 8 Comments: a and b) See Mitigated Negative Declaration, Section E (Hazards/Hazardous Materials). c) The proposed project site is not located within one-quarter mile of an existing school. The proposed project will not emit acutely hazardous emissions or materials, therefore, will not create a significant impact to the schools within the surrounding area. d) The proposed project is not located on a site included on the hazardous list pursuant to the Government Code Section 65962.5, therefore, will not create a significant impact to the public or the environment. e) The project is not located within an airport land use plan nor within two miles of a public airport or public use airport; therefore, the project would not expose people residing or working in the project area to adverse safety hazards. f) The project is not located within the vicinity of a private airstrip; therefore, the project development would not expose people working in the project area to adverse safety hazards. g) The project is designed to meet the City's emergency response plan, route access and emergency evacuation requirements. The proposed fire improvements include an emergency turning radius and fire hydrant. No impainnent or physical interference with the City's emergency response p1an is anticipated. Ii) The project is designed to meet the City's Fire Prevention buiJding and fITe service requirements. No exposure of people or structures to a significant risk of/oss, injury or death due to wildfires is anticipated. Mitil!ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant Hazards/Hazardous Materials impacts to a 1evel of/ess than significance. Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact VIII. HYDROLOGY AND WATER QUALITY. Would the project: a) Result in an increase in pollutant discharges to receiving waters (including impaired water bodies pursuant to the Clean Water Act Section 303(d) list), result in significant alteration of receiving water quality during or following construction, or violate any water quality standards or waste discharge requirements? o . o o 9 Issues: b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g" the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which pennits have been granted)? Result in a potentially significant adverse impact on groundwater quality? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantial1y alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site, or place s1ructures within a 100-year flood hazard area which would impede or redirect flood flows? e) Expose people or s1ructures to a significant risk ofloss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? f) Create or contribute runoff water, which would exceed the capacity of existing or planned stonnwater drainage systems or provide substantial additional sources of polluted llinoft? Comments: a-d, and 1) See Mitigated Negative Declaration, Section E. Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact D D . D D D . D D D . D D D D . D D D . e) The proposal would not expose people or s1ructures to significant risk of loss or injury or death involving flooding. Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration wou1d mitigate potentially significant Hazards/Hazardous Materials impacts to a 1evel oness than significance. 10 IX. LAND USE AND PLANNING. Would the project: Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a) Physically divide an established community? o o o . b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not 1imited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? o o o . c) Conflict with any applicable habitat conservation plan or natural community conservation plan? o . o o Comments: a) The project site is surrounded with single family residential. The proposed residential infill project would be consistent with the character of the immediate surrounding residential area and would not disrupt or divide an established community; therefore, no significant land use impact would occur as a result of the project. b) The project site is located within the Rl (Single-Family Residential) Zone and RLM (Low-Medium Density) General Plan land use designation. The project has been found to be consistent with the all- respective zoning regulations, General Plan guidelines and regulations, therefore; no significant 1and use impacts are anticipated. c) Refer to Mitigated Negative Declaration, Section E. Potential short-tenn construction noise/raptornesting and biologically sensitive impacts are addressed in the Mitigated Negative Declaration, Section, under Biological Resources. Miti2ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant Land Use/Planning impacts to a 1eve1 ofless than significance (refer to Biological Resources Section). II Issues: x. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Commeuts: Potentially Significant Impact o o Less Than Significant With Mitigation Incorporated o o Less Than Significant Impact No Impact o . o . a) The project site has been previously disturbed with the existing single-farni1y residential land use. The proposed project would not result in the loss of availability of a known rninera1 resource of value to the region or the residents of the State of California. b) The State of California Department of Conservation has not designated the project site for mineral resource protection. Therefore, no impacts to mineral resources are anticipated as a result of the proposed project. Mitieation: No rnitigation measures are required. Issues: XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? 12 Potentially Significant Impact o o Less Than Significant With Mitigation Incorporated o o Less Than Significant Impact No Impact . o . o Issues: c) A substantial pennanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic Increase In ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact D D D . D D . D D D D . D D D . a-d) It is anticipated that on-site workers and adjacent residential population may be exposed to construction noise associated with short-tenn construction activities. However, the project will be required to comply with the City's Noise Ordinance. In addition, due to the minimal construction activities associated with the project, impacts to surrounding residential properties related to construction noise levels are not expected to be significant. The proposed residential project is not located within the Health Risk Assessment Area (HRAA), within 500 feet of any adjacent rreeway or highway. The project is not anticipated to potentially violate the noise limits of the City's noise control ordinance. The project site contains ornamental trees and according to the Biological Resource Study, there is potential for raptor nesting in these trees. Potential short-tenn construction noise/raptor nesting impacts are addressed in the Mitigated Negative Declaration, Section E, under Biological Resources. e-f) The project is not located within an airport land use plan or within two miles of a public airport, nor is it located within the vicinity of a private airstrip. Therefore, the project deve10pment would not expose people residing or working in the project area to excessive noise levels. Mitil!ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration wou1d mitigate potentially significant Noise impacts to a level ofless than significance (refer to Biological Resources Section). 13 Issu es: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other inftastructure)? o o o . b) Displace substantial mnnbers of eXistIng housing, necessitating the construction of replacement housing elsewhere? o o o . c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? o o o . Comments: (a-c) The project is surrounded by existing residential development and inv01ves the removal and replacement of one single family residence. The proposed project does not involve the extension of public facilities that would induce substantial growth. Future residential development of the site for the proposed 9 single-family residential units is consistent with the Genera1 Plan and would not exceed the regional or 10cal population projections. The proposed project would not involve displacement of existing housing or individuals. Miti!!ation: No mitigation measures are required. 14 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact XIII. PUBLIC SERVICES. Would the project: Resu1t in substantial adverse physical impacts associated with the proVIsIOn of new or physically a1tered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, m order to maintain acceptable service ratios, response times or other perronmance objectives for any public services: o o o . a) Fire protection? o o . o b) Police protection? o o o . c) Schools? o o o . d) Parks? o o . o e) Other public facilities? o o o . Comments: a) According to the City ofChu1a Vista Fire Department, adequate fire protection services can continue to be provided to the site. The applicant will be required to comply with the Fire Department policies for fire hydrant placement, fire truck turnaround and new building construction. The City's Fire perfontJance objectives and thresh01ds will continue to be met. b) According to the Chula Vista Police Department, adequate p01ice protection services can continue to be provided upon completion of the proposed project. The proposed project would not have a significant effect upon or result in a need for substantia1 new or altered police protection services. The City's Police perronmance objectives and thresholds will continue to be met. c) The proposed project would not induce substantial population growth; therefore, no significant adverse impacts to public schools wou1d result. According to the Chula Vista Elementary Scho01 District 1etter dated June 5, 2006, the applicant would be required to pay the statutory building pennit school fees for the proposed residentia1 construction or an alternative financing mechanism such as participation in or annexation to a CFD is recommended. 15 d) The proposed project would not induce significant popuJation growth, as it is a small residential infill project. However, the appJicant shall be required to pay Park Acquisition and Development Fees (pAD) in accordance with Ordinance No. 2945 adopted by City Counci1 on January 6, 2004. e) The proposed proj ect would not have a significant effect upon or result in a need for new or expanded governmental services and would continue to be served by existing pubJic inITastructure. Mitil!ation: No mitigation measures are required. Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact XIV. RECREATION. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational faciJities such that substantia1 physical deterioration of the faciJity would occur or be accelerated? o o . o b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which have an adverse physical effect on the environment? o o o . Comments: a) The proposed project would not induce significant population growth, as it is a small residential infill project and would not impact existing or proposed recreational facilities. However, the applicant will be required to pay Park Acquisition and Development Fees (pAD) in accordance with Ordinance No. 2945 adopted by City Council on January 6, 2004. b) The project does not include the construction or expansion of recreational facilities. The project site is not plarmed for any future parks and recreation facilities or programs. Therefore, the proposed project would not have an adverse physical effect on the recreational environment. Mitil!ation: No mitigation measures are requITed. 16 Issues: xv. TRANSPORTATION I TRAFFIC. Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., fann equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e,g., bus turnonts, bicycle racks)? Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o . o o o o . o o . o o o o . o o o . o o o . o o o . (a,b,d,e) According to the Traffic Engineering Department, the proposed residential infill project is not anticipated to result in any significant traffic, circu1ation or emergency access impacts. The project generated traffic trips are minimal, approximately 72 Average Daily Trips (ADTs) that is not considered to be a substantial increase in either number of vehicle trips, volume or capacity along First Ave and surrounding street segments. The project-generated trips wiU not exceed the existing 17 leve1 of service standard LOS "C" at First Avenue and primary access roads. In addition, the 1eve1 of service standard established by the county congestion management agency for designated roads or highways have not been exceeded. Therefore, a traffic study was not required. No significant traffic impacts win be created as a result of the proposed project. c) The proposa1 would not have any significant effect upon any air traffic patterns, including either an increase in traffic levels or a change in location that resu1ts in substantial safety risks. f) The proposed project includes 9-two car garages with 8 guest parking spaces on Napa Place in accordance with the ChuIa Vista Zoning Code. The proposa1 meets ADA requirements for accessibility and parking. g) The closest bus stop is located at the corner of First Avenue and G Street, northwest of project site. The proposal would not conflict with adopted transportation p1ans or alternative transportation programs. Mitigation: No mitigation measures are required. Issues: XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or resu1t in the cons1ruction of new storm water drainage facilities or expansion of existing facilities, the cons1ruction of which could cause significant environmental effects? d) Have sufficient water supplies availab1e to serve the project ftom existing entitlements and resources, or are new or expanded entitlements needed? e) Resu1t in a detennination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 18 Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o o . o o . o o o . o o o . o o o . o Issues: Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 0 . f) Be served by a landfiU with sufficient permitted capacity to accommodate the project's solid waste disposa1 needs? g) Comply with federal, state, and local statutes and regulations re1ated to solid waste? o o o . Comments: a) The project site is located within an urban area that is served by an necessary utilities and service systems. According to the Engineering Department, no exceedance of wastewater requirements of the Regional Water Quality Control Board would result from the proposed project. b) According to Sweetwater Authority correspondence dated April 11, 2006 and April 19, 2006, an existing 6-inch water main is located on the east side of First Avenue and a 4-inch water main located on the east side of Corte Helena at the south end of the parce1, to the east boundary. The proposed improvements will inc1ude a new looped 8-inch water main connected to the Authority's water mains in First Avenue and Corte Helena. The water main extension will be a public main located in an easement on private property, and the easement win be a minimum of 20 feet wide. There is also an existing 2-inch water service and a %-inch water service. The Owner must submit a plumbing plan that inc1udes the total fixture unit count of all existing and new plumbing fixtures, so that the appropriate service size(s) can be determined. As the water facility improvements are designed in accordance with water authority standards, no significant impacts to existing facility systems win occur as a result of the proposed project. c) The proposed project win result in the construction of new stonn water drainage facilities and expansion of existing facilities. The potential discharge of silt during construction activities could impact the stonn drain system. Appropriate erosion control measures will be identified in conjunction with the preparation of final grading plans to be implemented during construction. The proposed project is subject to the NPDES General Construction Pennit requirements and shan obtain pennit coverage and deve10p a Stonn Water Ponution Prevention P1an (SWPPP) and Standard Urban Stonn Water Mitigation Plans (SUSMPs) prior to issuance of grading pennits. In addition, the project win be conditioned to implement construction and post-construction water quality Best Management Practices (BMPs) for stonn water pollution prevention in accordance with the Chula Vista Standard Urban Stonn Water Mitigation Plan (SUSMP). No significant impacts to the City's stonn drainage facilities are anticipated as a result ofthe proposed project. d) The project site is within the potable water service area of the Sweetwater District. Pursuant to correspondence from the Sweetwater Authority, the project may be serviced trom the 6"-water main on the east side of First Avenue and a 4-inch water main located on the east side of Corte Helena at the south end of the parcel, to the east boundary. The app1icant will need to install a new looped 8- inch water main connected to the Authority's water mains in First Avenue and Corte He1ena to service this site. The proposed project will be required to construct expansions to existing water facilities as described in Section b above. No significant impacts to existing facility systems or the City's water threshold standards will occur as a result of the proposed project. 19 e) See XVLa. and b. t) The City of Chula Vista is served by regional landfills with adequate capacity to meet the solid waste needs of the region in accordance with State 1aw. g) The proposal would be conditioned to comply with federa1, state and 10cal regulations related to solid waste. Mitil!ation: See Section E of the Mitigated Negative Declaration; refer to the Hydrology and Water Quality and Hazards/Hazardous Materia1s Sections. The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate identified stonn waterlstonn drainage and wastewater impacts to a level ofless than significant. Issnes: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact XVII. THRESHOLDS Will the proposal adversely impact the City's Threshold Standards? A) Library D D D . The City shall construct 60,000 gross square feet (GSF) of additional library space, over the June 30, 2000 GSF total, in the area east of Interstate 805 by buildout. The construction of said facilities shall be phased such that the City will not fall below the citywide ratio of 500 GSF per 1,000 population. Library facilities are to be adequately equipped and staffed. B) Police D D D . a) Emergency Response: Properly equipped and staffed police units shall respond to 8 I percent of "Priority One" emergency calls within seven (7) minutes and maintain an average response time to all "Priority One" emergency cans of5.5 minutes or less. c) Respond to 57 percent of "Priority Two" urgent calls within seven (7) minutes and maintain an average response time to all "Priority Two" calls of 7.5 minutes or 1ess. 20 Issues: C) Fire and Emergency Medical Emergency response: Properly equipped and staffed fire and medical units shan respond to cans throughout the City within 7 minutes in 80% of the cases (measured annually). D) Traffic The Threshold Standards require that an intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Signalized intersections west ofI-805 are not to operate at a LOS below their 1991 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with fieeway ramps are exempted fiom this Standard. E) Parks and Recreation Areas The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and community parkland with appropriate faciJitiesll,OOO population east of/-805. F) Drainage The Threshold Standards require that stonn water flows and volumes not exceed City Engineering Standards. Individual projects win provide necessary improvements consistent with the Drainage Master Plan(s) and City Engineering Standards. G) Sewer The Threshold Standards require that sewage flows and v01umes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Plan( s) and City Engineering Standards. 21 Potentially Significant Impact D D D D D Less Than Significant With Mitigation Incorporated D o D D o Less Than Significant Impact D D D . . No Impact . . . D D Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact II) Water 0 0 . 0 The Threshold Standards reqmre that adequate storage, treatment, and transmission facilities are constmcted concurrently with planned growth and that water quality standards are not jeopardized during growth and constmction. Applicants may also be required to participate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building permit issuance. Comments: a) The project would not induce substantial population growth; therefore, no impacts to library facilities wou1d resu1t. No adverse impact to the City's Library Threshold standards would occur as a result of the proposed project. b) According to the Police Department, adequate police protection services can continue to be provided upon comp1etion of the proposed project. The proposed project would not have a significant effect upon or resu1t in a ueed for substantial new or altered police protection services. No adverse impact to the City's Police Threshold standards would occur as a result of the proposed project. c) According to the Fire Department, adequate fire protection and emergency medical services can continue to be provided to the project site. Although the Fire Department has indicated they will provide service to the project, the project will contribute to the incremental increase in [lIe service demand throughout the City. This increased demand on fire services will not result in a significant cUlTIulative impact. No adverse impact to the City's Fire and Emergency Medical Threshold standards would occur as a resu1t of the proposed project. d) According to the Traffic Engineering Division, the surrounding street segments will continue to operate in compliance with the City's traffic threshold standard with the proposed project traffic. No adverse impact to the City's traffic thresh01d standards wou1d occur as a resu1t of the proposed project. e) The proposed project would not induce significant population growth, as it is a small residential infill project and wou1d not impact existing or proposed recreationa1 facilities. However, the applicant will be required to pay Park Acquisition and Development Fees (pAD) in accordance with Ordinance No. 2945 adopted by City Council on January 6, 2004. f) Based upon the review of the project, the Engineering Department has detenmined that there are no significant issues regarding the proposed drainage improvements of the project site. The proposed drain system includes improvements to existing drainage culverts to handle IOO-year stonn events, a series of in1ets, private catch basins and culverts, underground detention systems, discharge controls, and filtering systems. No adverse impacts to the City's drainage threshold standards will occur as a result of the proposed project. 22 g) The project site is within the boundaries of the City of Chula Vista wastewater services area. The existing area sewer facility system inc1udes sewer 1ines along First Avenue and along Alpine Ave. There is an existing off-site 8" sewer main along First Avenue right of way, and a 6" PVC sewer main along Alpine Avenue crossing First Avenue along the rrontage of the proposed project site. The applicant shaH be required to submit a final sewer study to the satisfaction of the City Engineer. The applicant is required to grant an easement to the City of ChuJa Vista wastewater services for the purpose of maintenance of the proposed sewer lines. No adverse impacts to the City's sewer system or City's sewer threshold standards will occur as a result of the proposed project. h) The project site is within the potab1e water service area of the Sweetwater District. Pursuant to correspondence rrom the Sweetwater Authority, the project may be serviced rrom the 6"-water main on the east side of First Avenue and a 4-inch water main located on the east side of Corte He1ena at the south end of the parcel, to the east boundary. The applicant wiI1 need to install a new looped 8- inch water main connected to the Authority's water mains in First Avenue and Corte Helena to service this site. The proposed project will be required to construct expansions to existing water facilities as described in Section XVI.b above. No significant impacts to existing facility systems or the City's water threshold standards wiI1 occur as a result of the proposed project. Mitigation Measnres: No mitigation measures are required. Issnes: XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to elinrinate a plant or animal conununity, reduce the munber or restrict the range of a rare or endangered plant or animal or elinrinate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probab1e future projects.) 23 Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o o . o o . o Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? D D D . Comments: a) See Mitigated Negative Declaration, Section E. Potential short-term construction noise/raptor nesting and biologica11y sensitive impacts are addressed in the Mitigated Negative Declaration, Section E, under Biological Resources. b) The project site has been previously disturbed with a similar residentia1land use and site improvements. No cumulative considerable impacts associated with the project when viewed in connection with the effects of past projects, other current projects and probable future projects have been identified. c) The project will not cause substantia1 adverse effects on human beings, either directly or indirectly, as the proposed project has been mitigated to lessen any potentia1 significant impacts to a 1evel of less than significance. Mitigation Measures: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant impacts to a level ofless than significance. 24 XIX. PROJECT REVISIONS OR MITIGATION MEASURES: Project mitigation measures are contained in Section F, Mitigation Necessary to Avoid Significant Impacts, and Table 1, Mitigation Monitoring and Reporting Program, of Mitigated Negative Declaration IS-06-020. xx. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant and/or Operator stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained within the Mitigated Negative Declaration, IS-06-020, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign below prior to posting of this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant and/or Operator's desire that the Project be held in abeyance without approval and that the Applicant and/or Operator shall apply for an Environmental Impact Report. ;::E JeJi/r4/v'J)O f)(2 II 1'r/'J1t1JO j Printed Name and . Ie of Applicant (or authorized repr e tative) CiM 1-23 -01- Date Signature of Appli ant (or authorized repr sentative) N/A Printed Name and Title of Operator (if different from Applicant) N/A Signature of Operator (if different from Applicant) Date 25 XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below wou1d be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the previous pages. . Land Use and Planning o Population and Housing . Geophysical o Agricultural Resources . Hydrology/Water . Air Quality o Paleontological Resources o Transportation/Traffic o Public Services . Biological Resources o Energy and Mineral Resources o Utilities and Service Systems o Aesthetics o Hazards and Hazardous Materials o Cultural Resources . Noi,;c o Noise o Recreation . Mandatory Findings of Significance 26 r XXII. DETERMINATION: On the basis of this initial eva1uation: I find that the proposed project could not have a significant effect on the environment, and a Negative Declaration will be prepared. I find that aHhough the proposed project could have a significant effect on the environment, there wi11 not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Mitigated Negative Declaration wi1l be prepared. I find that the proposed project may have a significant effect on the environment, and an Environmental Impact Report is required. I find that the proposed project may have a significant effect( s) on the envirorunent, but at least one effect: I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier an_a1ysis as described on attached sheets, if the effect is a "potentially -_ _ significant impacts" or "potentially significant'un1ess mitigated," An Environmental Impact Report is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the envirorunent, there will not be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to app1icable standards and (b) have been avoided or mitigated pursuant to that earlier ErR, including revisions or mitigation measures that are imposed upon the proposed project. An addendum has been prepared to provide a record of this detennination. & /;/0 1- Date J:\Planning\Caroline\InitiaJ Study\445 First A V~ Napa Place\lS-06-020tinal Checklistl_doc 27 o . o o o ATTACHMENT E Disclosure Statement ~I~ -.,- F_ ~_ p I ann n g & Building Planning Division Department Development Processing CllY OF CHULA VISTA 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. fu n C{'VI Ao Wtt\ luC(^ 0IVq'VtC<< w~5 <Ov-<,,+-le.- /Vo.. F- () b-c...e L,fJ. 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. It c.. 5 a.!) ~.L.C -/ f)J,(liQ..\..<..<.- G,e-H-er J... Fev~tJr<Jc(vt.C(~~ "'F (( ~ A- fA r-u { t'1 <;d., Ii2L ...--->> L- ()f <. (9 r v Cl V1.Ct. YlL:> .. T+1CO;?rGl Th<;ffi~a"hI:vt.c- -') \)0 (ore,s (",elAfe<. If any pers n" identified ursuant t~ (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. 3, No ~" 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. -.:Eli\'" ktt q.. lOO\..{3 --J) 10'1\1 Aw.b'ra>r 4 Je-ff }.({Uc.~ 10 \"'6 5, Has any person" associated with this contract had any financial de81ings X~h 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 X Yes _ If yes, which Council member? 276 Fourth Avenue Chlllc1 ViStel CaliforniJ 919] lJ (619) 691-5101 City Of Chula Vista 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..A- If Yes, which officia!" and what was the nature of item provided? Date: /-/O-Ob Si ature of Contractor/Applicant Fe r '{\[IV1.do OV--V C{ VlC{lW.s Print or type name of Contractor/Applicant . Person is defined as: any individual, firm, co-partnership, joint venture, association, socia! 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, 'co"rtlmission. or committee of the City, employee, or staff members, 276 Fourth Avenue ChujJ Vista Car i fo rn i J 91910 (619) 691.5101 PLANNING COMMISSION AGENDA STATEMENT Item: Meeting Date: 4- 6/13/07 ITEM TITLE: Public Hearing: Consideration of a Tentative Subdivision Map, PCS-06-04, to subdivide 1.628 acres into twenty-four (24) condominium units for individual ownership at 1419 Tobias Drive. SUBMITTED BY: Director of Planning and Building INTRODUCTION The original Applicant, Westone Management Consultants, on behalf of Joan & Richard Steussy, submitted a Tentative Map application proposing to convert an existing apartment complex into twenty-four (24) condominium units for individual ownership. The current applicant is Anthony-Taylor Consultants. The apartment complex is approximately 36 years old and when first built was not considered by the Design Review Committee. BACKGROUND The Design Review Committee reviewed exterior improvements associated with this condominium conversion on January 22, 2007. DRC-06-18 was approved by the Design Review Committee on March 19,2007. The applicant has completed the tenant noticing required by the State and the Municipal Code up to this point prior to Tentative Map consideration (see Attachment G, Noticing Documentation). Once all necessary approvals are obtained, the owners will provide the tenants all remaining notices required by State law and the Municipal Code. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 (existing facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION That the Planning Commission adopt the attached Resolution, PCS-06-04, based on the findings and subject to the conditions contained therein, recommending that the City Council approve the Condominium Tentative Map. PCS-06-04 Page No.2 DISCUSSION Project Site Characteristics: The 178' x 359' rectangular-shaped property is located on Tobias Drive, south of Quintard Street in the southern portion of Chula Vista (see Attachment A, Locator Map). The apartment complex consists of twenty-four units, four of which are 3-bedroom 2- bath and the remainder 2-bedroom 1-bath units. The apartments feature open parking spaces and landscaped areas, and are to have open balconies or patios. The property is surrounded by duplexes to the north and east, and apartments to the south and west. The parcel is level, and access is via a section of the site containing only driveway and parking spaces. The apartment complex presently consists of one two-story rectangular-shaped wood structure, and a separate one-story laundry facility/clubhouse. The applicant intends to replace the laundry facility with restrooms supporting the clubhouse. Project Description: The applicant's Design Review permit application proposed only minor exterior design changes, including new fencing, balconies and patios, each with a storage unit. Landscaped areas, deck, paving and a new trash enclosure are also planned. For interior improvements, each unit would be renovated, and windows would be replaced. A complete list of improvements is included in Attachment E, Proposed Upgrades. A Physical Elements report, commissioned by the applicant, identifies recommended improvements to bring the property and individual units to acceptable standards (see Attachment F, Physical Elements Report). Staff has incorporated the recommendations as conditions of approval. Table 1 lists the existing service utilities within the project. Table 1: Existing Utilities Air conditioninq Not available Heating Individual gas-fired hot air furnace in each unit Water heaters One central gas-fired hot water heater in clubhouse buildinQ Gas Individual Qas meters Electric meter Individual electrical meters Water HOA Sewer HOA *Cable Individual unit *T elephone Individual unit *Not covered in the HOA PCS-06-04 Page NO.3 The maintenance and monthly payment of utilities would be addressed in the project's CC&Rs. The units are already served by separate gas and electric meters, while water and sewer will be the responsibility of the Homeowner's Association. Compliance with Development Regulations: The existing multi-family use of the property conforms with the General Plan designation and the present site zoning. General Plan Zoninq Current Land Use Site: North: South: East: West: Residential Medium Residential Medium Residential Medium High Residential Medium Residential Medium R3 R2 R3 R2 R3 Multi-Family Residential Duplexes Multi-Family Residential Duplexes Multi-Family Residential Project Data: DEVELOPMENT REGULATIONS Required Proposed/Existing Buildinq Setbacks: Buildinq Setbacks: Front: 15' Front: 30' Side: 5' & 5' Side: 62' & 67' Rear: 15' Rear: 56' Building Height: 28'/45' (w/PCC approval) Building Height: 28' Parking: 2 open parking spaces per unit Parking: 2 open parking spaces per unit Open Space: 600 sq. ft. per unit Open Space: 796 sq. ft. per unit Storage: 200 cu. ft.l2 bedroom unit Storage: 209 cu. ft.l2 bedroom unit 250 cu. ft/3 bedroom unit 252 cu ft/3 bedroom unit This project is consistent with the Multi-Family Residential (R3) Zone, General Plan designation of Residential High, Design Manual, Landscape Manual, and all other applicable codes and regulations of the Municipal Code. Analysis: A condominium conversion project must satisfy certain City Code requirements including the Chula Vista Design Manual, Chula Vista Municipal Code (CVMC) including Chapters 19.28 and 15.56, the California Fire Code, and Uniform Building Code standards. The following issues are included: open space, storage, off-street parking, PCS-06-04 Page NO.4 tenant relocation, design guidelines, noticing documentation, physical elements report, housing inspection, separate service meters, CC&Rs, and fire protection. The following paragraphs discuss how the project complies with these requirements: a. Open Space: CVMC Section 19.28.090 requires that 600 square feet of common usable open space be provided per unit. This requires at least 14,400 square feet of open space. The existing open space includes front yard landscaping, reasonably-sized landscaped strips along the sides and rear of the property, a clubhouse and recreation area and a deck. Each unit will have a 100 sq. ft private porch or balcony. The combined amount of open space is thus 19,104 square feet, providing a total of 796 square feet per unit. b. Storage: Section 15.56.020 specifies storage area for each unit. There are twenty 2-bedroom units requiring a minimum 200 cubic feet of storage per unit and four 3-bedroom units, each requiring 250 cubic feet. The applicant has shown a storage closet on each balcony that provides either 178 or 117 cubic feet, along with 31 or 135 cubic feet within the unit. The combined total area of storage space for each unit varies, but all units exceed the minimum requirement, with all 3-bedroom units and several 2-bedroom units having 252 cubic feet. All of the storage areas are contiguous with the unit. c. Off-street parking: In the R3 zone, a minimum of two open parking spaces are required for each unit. The project provides a total of 46 parking spaces, leaving two extra spaces for guest use. d. Tenant Relocation: The applicant will make his best effort to assist tenants with the opportunity of ownership. For those not wishing to buy or unable to qualify for financing, the applicant will pay an amount equal to one month's rent to assist tenants in relocation. The tenants will have the option of not paying their last month's rent or receiving an equivalent payment. Payments will be made to the tenant's new property management company within the last 30 days of their tenancy at this address. Tenants will also have the option of receiving the incentive upon vacating their individual dwellings. e. Design Guidelines: The applicant submitted a Design Review application which was approved by the Design Review Committee on March 19, 2007. The Design Review permit proposed no significant exterior structural changes, but rather minor design upgrades, including replacing fencing, providing new balconies or patios, landscaped area, paving and a new trash enclosure, etc. For interior improvements, each unit will be renovated to provide new carpet, tile, doors, windows, hardware, storage areas, etc. The laundry room facilities will also be removed and individual laundry facilities are to be provided in each unit. PCS-06-04 Page NO.5 f. Noticing Documentation Pursuant to Section 66452 of the Subdivision Map Act, condominium conversion projects must satisfy certain noticing requirements for specified time periods. The Table 3 below identifies the noticing requirements and when existing and prospective tenants must receive them. The tenants have been made aware of the condominium conversion project proposal since March 2004 and any tenant moving in since then has been given a notice prior to signing his or her lease agreement. Each tenant will also be given notice of having the first option to purchase a unit. The Table also shows when the Applicant met these requirements. Sample notices provided by the Applicant are attached (see Attachment G, Noticing Documentation). Table 3: Noticing Documentation Notice Requirement How Long & When Compliance 60-day notice to all existing 60 days prior to filing a 60-day notices were sent tenants of intent to convert - Design Review and Tentative certified mail to existing "Form A'" Map application with the Citv tenants on March 3, 2004. Notice to all prospective Prior to acceptance of any Notice has been prepared tenants of intent to convert - rent or deposit from the and signed by 15 new "Form B'" prospective tenant tenants who have moved in since March 3, 2004 10-day notice to all existing 10 days before or after To be determined/ tenants of an application of a submittal of the Public Report Typically following Final Public Report - "Form C" to the Department of Real Map approval Estate 1 O-day Notice to all existing Within 10 days of approval of To be determined/ tenants of Final Map approval the Final Map by the City Typically following Final - "Form D" Map aooroval Notice to all prospective Prior to acceptance of any To be determined prior to tenants of option to rent or deposit from the approval of Final Map purchase/termination of prospective tenant tenancy - "Form E" 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 approval of Final Map purchase/termination of from the Department of Real tenancy - "Form F" Estate 180-day notice to all existing 180 days prior to termination To be determined prior to tenants of intent to of tenancy approval of Final Map convert/termination of tenancy - "Form G" . Attachment G - Noticing Documentation PCS-06-04 Page No.6 The City Council only needs to find that the Applicant has submitted Forms "A" and "B" prior to the approval of the Final Map. The remaining notices are required after approval of the Final Map. g. Physical Elements Report: The applicant submitted a "Physical Elements Report", referred to as a 'Property Condition Assessment' (See Attachment F) prepared by JCEP/Huang Consulting Engineers, Inc. for review by the City's Building Official. The report concludes that the existing apartment complex is in overall good condition with few defects, and composed of durable materials and sturdy construction. After reviewing the recommendations, staff concludes that the proposed improvements will satisfy the Building Code requirements if constructed or put in place. Staff has included the report recommendations as conditions of approval in Attachment C of the draft City Council Resolution. h. Housing Inspection: The Project is required to conform to Uniform Housing Code requirements in existence at the time of the approval of the Subdivision Map. The project has completed a housing inspection and is required by condition of approval to correct the minor noted deficiencies prior to Final Map approval. i. Separate Service Meters: Each unit has individual gas and electric meters. A Homeowner's Association will be responsible for the water and sewer service utility meters. The Applicant shall provide CC&R's prior to final map approval showing how this will be satisfied. j. C.C.&R.'s: The Project is conditioned to provide evidence of declarations of covenants, conditions and restrictions in conjunction with approval of the Final Map. k. Fire Protection: The project shall comply with the California Fire Code including but not limited to installing smoke detectors to be hardwired and interconnected with battery backup capabilities in each bedroom and hallway leading to a bedroom. DECISION-MAKER CONFLICTS: Staff has reviewed the property holdings of Planning Commissioners and has found no property holdings within 500 feet of the boundaries of the property which is subject to this action. PCS-06-04 Page NO.7 CONCLUSION: Based on the preceding information, the project, as conditioned, is in substantial conformance with the requirements for condominium conversion and the City Council can approve the Tentative Map subject to the conditions listed in the attached City Council Resolution. FISCAL IMPACT None. ATTACHMENTS A. Locator Map B. Planning Commission Resolution C. Draft City Council Resolution D. Design Review Notice of Decision E. Physical Elements Report - "Executive Summary" F. Noticing Documentation G. Disclosure Statement H. Project Plans Prepared by: Ann Pease, Associate Planner, Planning Division H:\Planning\case files\07\PCS\Public Hearing\PCS-06-04 ---- ,1TT"1cHM EIV T A Castle Park High School ~ ~ tCI7\ C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT Westone Management PROJECT DESCRIPTION: C) APPLICANT: Consultants MISCELLANEOUS PROJECT 1419 Tobias Rd, Project Summary: Proposing condominium conversion of 24 ADDRESS; existing attached apartment units with 48 par1<ing spaces; located SCALE: -, FILE NUMBER: at 1419 Tobias Rd. ~ No Scale PCS-06-04 Related cases: DRC-D6-18 J:\planning\carlos\locators\pcs0604.cdr 09.16.05 Ii TTAc/-i J~1 EJJ --r B RESOLUTION NO. PCS-06-04 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE A TENTATIVE MAP TO DIVIDE INTEREST IN 1.628 ACRES AT 1419 TOBIAS DRIVE FOR A ONE-LOT CONDOMINIUM CONTAINING 24 RESIDENTIAL UNITS- ANTHONY-TAYLOR CONSULTANTS. WHEREAS, on September 15, 2005, a duly verified application was filed with the City of Chula Vista Planning and Building Department by Westone Management Consultants ("Original Applicant"), requesting approval of a Tentative Subdivision Map to convert 24 apartment units into individually owned condominiums ("Project"); and, WHEREAS, in May 2006, Westone Management Consultants ("Original Applicant") was replaced by Anthony-Taylor Consultants ("Applicant") by the building owner; and, WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented on Attachment A and for the general description herein consists of a 1.628 acres located at 14 I 9 Tobias Drive ("Project Site"); and WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has detenuined that the project qualifies for a Class I (existing facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further environmental review is necessary; and WHEREAS, the Planning and Building Director set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet ofthe exterior boundaries of the property, at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., June 13, 2007, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission having received certain evidence on June 13,2007, as set forth in the record of its proceedings herein by reference as is set forth in full, made certain findings, as set forth in their recommending Resolution PCS-06-04 herein, and recommended that the City Council approve the Project based on certain tenus and conditions. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached Draft City Council Resolution approving the Project in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13th day of June, 2007, by the following vote, to-wit: AYES: NOES: ABSENT: Bryan Felber, Chair ATTEST: Diana Vargas, Secretary ATTf1c-- H-VVI E)J T ~ RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO DIVIDE INTEREST IN 1.628 ACRES AT 1419 TOBIAS DRIVE FOR A ONE-LOT CONDOMINIUM CONTAINING 24 RESIDENTIAL UNITS - ANTHONY- TAYLOR CONSULTANTS. I. RECITALS A. Project; Application for Discretionary Approval WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on September IS, 2005, with the City of Chula Vista Planning and Building Department by Westone Management Consultants ("Original Applicant") requesting approval of a Tentative Subdivision Map to convert 24 apartment units into individually owned condominiums ("Project"); and WHEREAS, in May 2006 Westone Management Consultants was replaced by Anthony- Taylor Consultants ("Applicant") by the building owner; and B. Project Site WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented in Attachment A, copies of which are on file in the Office of the City Clerk, incorporated herein by reference, and commonly known as Chula Vista Tract No. , Tentative Subdivision Map, and for the purpose of general description herein consists of 1.628 acres located at 1419 Tobias Drive ("Project Site"); and C. Prior Discretionary Approval and Recommendations WHEREAS, the development of the Project Site has received the following discretionary approvals and recommendations: I) Design Review Committee approval on March 19, 2007, 2) Planning Commission recommendation of approval of PCS-06-04, Tentative Subdivision Map for a 24-unit condominium conversion on June 13,2007; and D. Planning Commission Record of Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on May 23, 2007, and after hearing staffs presentation and public testimony voted to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and E. Council Record of Applications WHEREAS, the City Clerk set the time and place for the public hearing on the Project's tentative subdivision map application; and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the project and its mailing to the current tenants residing at 1419 Tobias Drive, at least 10 days prior to the hearing; and Resolution No. 2006- WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on , in the Council Chambers, 276 Fourth Avenue, at 6:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. NOW THEREFORE BE IT RESOLVED that the City Council does hereby find, detennine 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 May 23, 2007, and the minutes and Resolution resulting there trom, are hereby incorporated into the record of this proceeding. III.COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has detennined that the project qualifies for a Class I (existing facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further environmental review is necessary. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised its independent review and judgment and concurs with the Environmental Review Coordinator's detennination that the Project qualifies for a Class I (existing facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. V. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein for 1419 Tobias Drive, is in conformance with the elements of the City's General Plan, based on the following: I. Land Use It is the City's goal to accommodate diversified housing types. The site is designated Residential- High, and was previously developed with 24 units on the property, which is consistent with the General Plan. Thus, the Project, as conditioned, is in substantial compliance with the adopted General Plan. 2. Circulation All on-site and off-site public streets required to serve the subdivision currently exist. No street improvements are required. 2 Resolution No. 2006- 3. Housing The Project is consistent with the density prescribed within the General Plan and provides attached condominium units for individual ownership. The conversion of 24 apartment units to 24 condominium units creates additional opportunities for residential ownership. 4. Open Space The Project includes patios, balconies, and landscaped areas. B. The site is physically suited for residential development and the proposal conforms to all standards established by the City for such project. C. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extend to the impact created by the proposed development. VI. FINDINGS OF COMPLIANCE WITH CONDOMINUM CONVERSION REQUIREMENTS PURSUANT TO CHAPTER 15.56 AND APARTMENT RESIDENTIAL ZONE REQUIREMENTS PURSUANT TO CHAPTER 19.28 OF THE CHULA VISTA MUlCIPAL CODE Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership, the City Council finds that the project meets the following: A. Fire Protection: The project shall comply with the California Fire Code including but not limited to installing smoke detectors to be hardwired and interconnected with battery backup capabilities in each bedroom and hallway leading to a bedroom. B. Uniform Building Code: The Building Department reviewed the "Property Condition Assessment" prepared by JCEP/Huang Consulting Engineers, Inc. and found that the Project will satisfy the Building Code requirements if the recommended improvements are constructed or put in place. These requirements are generally described in the Property Condition Assessment. C. Storage: Chula Vista Municipal Code Section 15.56.020 requires storage area for each unit. There are twenty 2-bedroom units requiring a minimum 200 cubic feet of storage for each unit and four 3-bedroom units, each requiring 250 cubit feet. The applicant will provide a storage closet on each balcony that provides either 178 or 11 7 cubic feet, along with either 31 or 13 5 cubic feet within each unit. The combined total area of storage space for each unit varies, but all units exceed the minimum requirement, with all 3-bedroom units and several 2-bedroom units having 252 cubic feet. All of the storage areas are contiguous with the unit. D. Housing Code: The Project is required to conform to Uniform Housing Code requirements in existence at the time of the approval of the Subdivision Map. The project has completed a housing inspection and is required by condition of approval to correct any deficiencies prior to Final Map approval. 3 Resolution No. 2006- E. Off-street parking: In the R3 zone, a minimum of 2 open parking spaces are required for each unit. The project provides a total of 46 parking spaces, leaving two extra spaces for guest use. F. Design Guidelines: The applicant submitted a Design Review application which was approved on March 19, 2007 (DRC-06-18). The Design Review permit proposed no significant exterior structural changes, but rather minor design upgrades, including replacing fencing, providing new balconies or patios, landscaped areas, paving and a new trash enclosure, etc. For interior improvements, each unit will be renovated to provide new carpet, tile, doors, windows, hardware, storage areas, etc. The existing laundry room facilities will also be removed and individual laundry facilities are to be provided in each unit. G. Separate Service Meters: Each unit has individual gas and electric meters. A Homeowners Association will be responsible for the water and sewer service utility meters. The Applicant shall provide CC&R's prior to final map approval showing how this will be satisfied. H. The applicant submitted a "Property Condition Assessment" (See Attachment E) for review by the City's Building Official. The report concludes that the existing apartment complex is in overall good condition with few defects, and composed of durable materials and sturdy construction. After reviewing the recommendations, staff concludes that the proposed improvements will satisfy the Building Code requirements if constructed or put in place. Staff has included the report recommendations as conditions of approval in Attachment C of the draft City Council Resolution. I. CC&Rs: The Project is conditioned to provide evidence of declarations of covenants, conditions and restrictions in conjunction with approval of the Final Map. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. VII. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(l), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. 4 Resolution No. 2006- VIII. COMPLIANCE WITH GOVERNMENT CODE SECTIONS 66451.3 AND 66452.5 Noticing Documentation Government Code Sections 66451.3 and 66452.5 require notification of a tenant's right to a public hearing. The City of Chula Vista provided notices to tenants and surrounding property owners of all required public hearings for the Project, and the Applicant has satisfied the following noticing requirements at the time of submittal of the Tentative Map, which includes a 60-day "Notice ofIntent to Convert" and a "Notice to Prospective Tenants ofIntent to Convert". BE IT FURTHER RESOLVED that the City Council does hereby approve Tentative Subdivision Map, Chula Vista Tract No. , subject to the general and special conditions set forth below. IX. GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project The Applicant, Owner or his/her successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 1419 Tobias Drive. B. Design Consistency The Applicant shall develop the condominium units in accordance with all applicable City of Chula Vista Design Guidelines and in accordance with the DRC 06-18 approval by the Design Review Committee. X. SPECIAL CONDITIONS OF APPROVAL A. The conditions herein imposed on the tentative map approval or other entitlement herein contained is approximately proportional both to nature and extent of impact created by the proposed development. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed by the applicant or successor-in-interest to the City's satisfaction prior to approval of the Final Map, unless otherwise specified: GENERAL / PLANNING AND BUILDING I. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Applicant as to any or all of the property. 2. Applicant and his/her successors in interest shall, comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Subdivision Map and as recommended for approval by the Planning Commission on May 23, 2007, and DRC 06-18 approval by the Design Review Committee. The Applicant shall enter into an agreement (Subdivision Improvement Agreement and Supplemental Subdivision Improvement Agreement) with the City, providing the City with such security (inc1uding 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, 5 Resolution No. 2006- after approval of the final map, the Applicant and his/her successors in interest will continue to comply, remain in compliance, and implement such Plans. 3. Applicant shall schedule a meeting with the current tenants to present alternative rental housing opportunities and assistance in relocation prior to Final Map approval. 4. Prior to recordation of the Final Map, the Applicant shall submit evidence that the following City of Chula Vista noticing forms have been delivered to the existing and prospective tenants, or a schedule detailing required future notifications: a. 10-day notice to all existing tenants of an application of a Public Report - "Form C" (If submitted to State Dept. of Real Estate prior to Final Map approval). b. IO-day Notice to all existing tenants of Final Map approval- "Form D". c. Notice to all prospective tenants of option to purchase/termination of tenancy - "Form E. d. 90-day Notice to all existing tenants of option to purchase/termination of tenancy - "'Form F". 5. Any and all agreements that the Applicant is required to enter into hereunder shall be in a form approved by the City Attorney. DRAINAGE & NPDES I. All onsite drainage facilities shall be private. 2. The developer shall enter into an agreement to fully implement NPDES best management practices ("BMPs") to reduce the amount of pollutants entering the city's storm water conveyance system, including but not limited to: a. Installing and using efficient irrigation systems and landscape design; more specifically: 1. Employ rain shutoff devices to prevent irrigation after precipitation. 11. Adjust irrigation systems to each landscape area's specific water requirements 111. Using flow reducers or shutoff valves triggered by a pressure drop to control water loss in the event of broken sprinkler heads or lines. IV. Employing other comparable, equally effective, methods to reduce irrigation water runoff. b. Employing integrated best management principles. More specifically, eliminate and/or reduce the need for pesticide use by implementing Integrated Pest Management (IPM), including: (I) planting pest-resistant or well-adapted plant varieties such as native plants; (2) discouraging pests in the landscaping design; (3) distributing IPM educational materials to homeowners/residents. Minimally, educational materials must address the following topics: keeping pests out of 6 Resolution No. 2006- buildings and landscaping using barriers, screens, and caulking; physical pest elimination techniques, such as, weeding, squashing, trapping, washing, or pruning out pests; relying on natural enemies to eat pests; and, proper use of pesticides as a last line of defense. c. Educate the Public. More specifically, the Homeowners Association, through Property Management, etc., shall inform residents about the City's non-storm water and pollutants discharge prohibitions. This goal can be achieved by distributing informative brochures (some available free from the City of Chula Vista) to new home buyers and dedicating sections of newsletters to storm water quality issues, as applicable. SEWER 1. The onsite sewer system shall be private. All sewer laterals shall be privately maintained from each building and/or condo unit to the City maintained public sewer main. 2. An inspection and maintenance program shall be developed and implemented by the Owner to prevent blockage of private sewer lines and overflow of sewage to storm drain systems. Developer/Owner shall establish a homeowners association to fund and oversee a contract for the maintenance of the onsite private sewer system. The frequency of maintenance of the sewer system shall be contained in the provisions of the Codes, Covenants & Restrictions (CC&Rs). The City Engineer and Director of Public Works shall approve the provisions of the CC&Rs regarding the onsite private sewer system. STREETS I. The Owner shall remove and replace driveway on Tobias Drive for compliance with ADA pedestrian access route requirements. Said work shall be done under a Chula Vista construction permit using Chula Vista Construction Standard CVCS-l for driveways. Driveway replacement shall be guaranteed prior to recordation of the Final Map. 2. Damaged curb, gutter and sidewalk along the Project frontage shall be removed and replaced as required by the City Engineer and to the satisfaction of the City Inspectors prior to approval of the Final Map. CC&R'S I. The Owner shall submit CC&R's as approved by the City Attorney to the City Engineer and Director of Planning and Building for approval prior to approval of the final map. Said CC&R's shall include the following: . Indemnification of City for private sewer spillage. . Listing of maintained private facilities. . The City's right but not the obligation to enforce CC&R's. 7 Resolution No. 2006- . Provision that no private facilities shall be requested to become public unless all homeowners and 100% of the first mortgage obligors have signed a written petition. . Maintenance of all walls, fences, lighting structures, paths, recreational amenities and structures, sewage facilities, drainage structures and landscaping. . Implement education and enforcement program to prevent the discharge of pollutants from all on-site sources to the storm water conveyance system. Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and shall be recorded concurrently with the final map. 2. The Owner shall submit homeowners association (HOA) budget for review and approval by the City Engineer for the maintenance of the private sewage systems. Said budget shall account for cleaning the sewer once a year with a contingency for emergencies. EASEMENTS I. All existing easements and irrevocable offers of dedication shall be shown on the final map. A title report dated within 60 days of submittal of the final map shall be submitted together with backing documents for all existing public utility easements and offers of dedication. Developer shall submit evidence of noticing to all existing public utility easement holders within the project boundaries as required by the Section 66436 of the Subdivision Map Act. AGREEMENTS I. The Owner shall enter into an agreement for the following; . Agree to defend, indemnify and hold harmless the City and its agents, officers, and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees wit regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. . Agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. . Agree to ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures 8 Resolution No. 2006- regulating and affecting the operation of cab1e television companies as same may have been, or may from time to time be issued by the City ofChula Vista. MISCELLANEOUS I. The Final Map shall tie the boundary of the subdivision to the California System-Zone VI (NAD '83). 2. Copies of the Final Map in a digital fonnat such as (DXF) graphic file shall be submitted prior to approval of the Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the infonnation in accordance with the City Guidelines for Digital Submittal in duplicate on 3 Y2 HD floppy disk prior to the approval ofthe Final Map. 3. The Owner shall submit a confonned copy of a recorded tax certificate covering the property prior to approval ofthe Final Map. 4. The Owner shall provide evidence to the satisfaction of the City Engineer of compliance with all tenant noticing requirements per Section 66427.1 of the Subdivision Map Act prior to approval of the final map. B. The following Conditions of Approval shall be satisfied by the Developer prior to Building Pennit approval unless otherwise noted: I. Obtain approval of a building pennit for the balconies and patios, trash enclosure, wooden deck, exterior and interior remodel of each condominium unit, and items listed in the "Property Condition Assessment". 2. The project plans shall include all immediate recommended items to be replaced/repaired as stated in the "Property Condition Assessment", prepared by JCEP/Huang Consulting Engineers, Inc., and shall comply with the Unifonn Building Code. The following is a list of the improvements to be completed prior to condominium occupancy of the units: . The entire site shall be refenced with 6-foot tall 'Windowpane' style wood- textured vinyl fencing or other fencing acceptable to the Planning Division of the City. . In accordance with the Tentative Subdivision Map, a 5' -0" tall retaining wall shall be constructed on the east side of the parking lot per City standards. . Install new trash enclosure to meet current City standards. . Install new recreation area between the Club House and parking lot, in accordance with plans submitted to the City. . Construct new wood deck on the north side of the site in accordance with Landscape P1ans approved by the City. . Repair/replace the asphalt paved driveway and parking lots and install sections of accent paving as shown on the Landscape Plans. . Following repair and/or replacement of the asphalt paving the pavement shall be seal-coated and restriped. 9 Resolution No. 2006- . Submit complete Landscape and Irrigation Plans for City approval. · Complete paving and planting design shall be installed as indicated on the approved Landscape Plans. . The roof of the clubhouse building shall be replaced. · The laundry in the clubhouse building shall be removed and men's and women's restrooms shall be located in its place. . Repair or replace the central hot water heater installed in the clubhouse building. . Paint and restucco all building exteriors as required to meet the standards indicated in the plans approved by the Design Review Committee. . Construct decks and storage closets for all upper units and patios with storage closets for lower units. These shall be in accordance with plans approved as part of the Design Review evaluation. . Replace all kitchen appliances with reputable name brands and replace counter tops, cabinets and sinks. . Replace all bathroom fixtures. . Either the vertical window panels or the adjacent plain stucco wall panels shall be finished in contrasting stucco and built out from the adjacent walls. . Replace all windows with double-glazed units and all exterior doors shall be solid-core. . Repair/replace any water- or pest-damaged building elements and materials, including the stairs, second floor landings, breezeways, fencing, gates and light poles. . Replace the first concrete tread on the west side stairs. . Specify a graffiti resistant treatment for all building surfaces. . Install new dishwasher and stacked washer and dryer in each apartment. . All electrical wiring throughout each unit shall be replaced to meet code, and GFCI protected receptacles shall be installed in the kitchen areas. . When wall and floor/ceiling assemblies are opened to enable replacement of appliances and cabinets, fiberglas insulation should be found to have been installed to attain code-required soundproofing (STC) and energy insulation ratings of at least 50. Should STC and energy insulation ratings be deficient, additional fiberglas insulation shall be provided within wall and floor/ceiling assemblies to meet City of Chula Vista and UBC requirements. 3. The Project's exterior and interior upgrades for the site shall be constructed in accordance with the approved DRC-06-18 design review permit. 4. The Developer shall comply with requirements of the approved "Recycling and Solid Waste Management Plan" to the satisfaction of the City's Conservation Coordinator. The plan shall demonstrate those steps the applicant will take to comply with Municipal Code, including but not limited to Sections 8.24 and 8.25, and meet the State mandate to reduce or divert at least 50 percent of the waste generated by all residential, commercial and industrial developments. The applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. The plan shall 10 Resolution No. 2006- incorporate any trash enclosure re-design required for compliance with the City's NPDES permit. 5. The Developer shall show that walls and ceilings meeting the current Uniform Building Code standards regarding fire and sound attenuation have been installed between airspaces of the condominium units to the satisfaction of the City Building Official and Director of Planning and Building. If said walls and ceilings do not meet said standards, then the walls and ceiling shall be modified to conform to the Uniform Building Code. 6. The Developer shall comply with all requirements of the City of Chula Vista Fire Department and the California Fire Code. XI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (l0) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. XII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: APP71d as ~o \! J ' , 1_- Y. 1____ "",- )-..--- - . / / /i ' / V L/// ) / James D. Sandoval Planning and Building Director Moore ,I Ci y Attorney H:IPlanninglcase filesI07PCSIPCS-06-04 CC Reso,doc 11 .4rtc4cItMEJJr .1:; ~Jf?- 2~~ ~~~~ _.--..~- Design Review Committee (IN OF CHUIA VISTA NOTICE OF DECISION On DRC-06-18; Rancho Vista Condominiums 1419 Tobias Drive (APN: 623-300-31-00) Notice is hereby given that on March 19,2007 the Design Review Committee considered a Design Review application filed by Anthony-Taylor Consultants ("Applicant"), requesting approval ofthe remode1 of a 24-unit apartment complex on a I .628-acre site prior to conversion into a condominium complex ("Project"). This project is at 1419 Tobias Drive ("Project Site") in the R-3 (Apartment Residential) zone and is owned by Richard and Joan Steussy ("Owner"). The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has detennined that the proposed project qualifies for a Class I categorical exemption pursuant to Section 15301 (existing facilities) ofthe State CEQA Guidelines. Thus, no further environmental review or documentation is necessary. The Design Review Committee, under the provisions of Section 19.14.582.1 of the Chula Vista Municipal Code, and based upon the adopted development regulations and design guidelines applicable to the project site, has conditionally approved the project, subject to the conditions listed below. Conditions of Approval I. Planning Division: I. Pay all applicable fees, including any unpaid balances of application processing fees and/or Full Recovery Costs linked to deposit account DQ-1258. 2. Prior to submittal for building pennits, the Applicant shall prepare, submit and obtain approval by the Project Planner of the fencing plan, which shall replace all existing walls/fences around the property. All walls and/or fences shall match, be decorative in nature, shall include pilasters, shall comply with the Design Manual Wall and Fencing Design Guidelines and shall be approved by staff. 3. Prior to submittal for sign pennits, the Applicant shall submit and obtain approval by staff of a final sign program, which shall be in accordance with CVMC 19.60.410. 4. Any ground-mounted equipment shall be required to be screened with a combination of landscaping and walls. This shall include any utility boxes and Notice of Decision - DRC-06-018 Page 2 March 19,2007 backflow valves. The screening of this equipment shall be approved by staff prior to submittal for building permits. 5. The security gate shall be decorative wrought iron and shall be consistent in design with wrought iron used elsewhere in the project. Additional drawings, for approval by staff prior to submittal for building permits, shall indicate a distinctive design and tie the entry gate to other wrought iron within the project. 6. Either the vertical window panels or the adjacent plain stucco panels shall be built out some distance from the other, sufficient to create a significant shadow break. The panels shall be finished in stucco, and shall be in a contrasting color from the standard wall surface. This shall be detailed and submitted to staff for review and approval prior to submittal for building permits. 7. Any changes in color or appearance proposed for the windows and french doors shall be detailed for staffs review and approval prior to submittal for building permits. 8. All colors shall be indicated on a revised color board and specified on the elevations. These colors shall include all stucco colors, trim colors, accent paving colors and enhanced paving colors for the parking lot. The revised color scheme shall be submitted to and approved by staff prior to submittal for building permits. 9. A detailed landscape plan shall be submitted for review and approval prior to building pennit submittal, per Landscape Manual and CVMC requirements. The detailed landscape plan shall include drought tolerant planting, any landscape screening of utility equipment and vines planted along the fence/wall along the driveway from Tobias Drive. 10. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted for any building and wall plans and shall be reviewed and approved by the Director of Planning and Building prior to the issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the CVMC regarding graffiti control. I I. A header beam which shows below and appears to support the roof over the balcony areas shall be added and plans shall be submitted to staff for review and approval prior to submittal for building pennits. II. Fire Department 12. All access control measures, security hardware and alarms to reduce criminal activity and to heighten crime prevention awareness through the concept of "defensible space" shall be detailed. 13. A separate submittal for Fire Sprinkler plans shall be submitted. Notice of Decision - DRC-06-018 Page 3 March 19,2007 14. Minimum size fire extinguishers, a knox box and keys, fire lane signs, minimum fire sprinkler density requirement and grades for the fire access road shall be provided. 15. All other Fire Department requirements shall be complied with. III. Engineering Department: 16. Comply with the requirements outlined in the memos dated October 7, 2005 from Jim Newton and September 27,2005 from Khosro Aminpour. The requirements indicated in the letter from Ben Guerrero, Jr., Traffic Engineering of September 28,2005 shall also be met to the satisfaction of the Engineering Department. IV. General Services Department 17. Each applicant for a building pennit shall develop and submit a "Recycling and Solid Waste Management Plan" to the City's Conservation Coordinator for review and approval. The plan shall demonstrate those steps that the applicant will take to comply with the Municipal Code, including but not limited to Sections 8.24 and 8.25, and meet the State mandate to reduce or divert 50 % of the waste generated by commercial, residential and industrial developments. The applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. A "Recycling and Solid Waste Management Guide" is available at the Planning Department counter or through the City Manager's Office at (619) 691-5122. The proposed trash enclosures shall be designed to accommodate 6 recycling containers each, and have smooth concrete access. The Plan shall include a statement of how businesses on site will be infonned of, and participate in, the Recycling and Solid Waste Management Plan requirements. V. Other City ofChula Vista Requirements 18. The site shall be developed and maintained in accordance with the plans approved for DRC-06-18 by the Design Review Committee. 19. All Landscaping shall be shown on the approved Site Plan. 20. This Design Review approval shall be subject to any and all new, modified or deleted conditions imposed after approval of this pennit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Applicant and after the City has given to the applicant 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 the Applicant of a substantial revenue source which the Applicant cannot, in the nonnal operation of the use pennitted, be expected to economically recover. The Property Owner, and the Applicant shall execute this document by making a true copy of this Notice of Decision, signing both the original and a copy on the lines provided below, said Notice of Decision - DRC-06-018 Page 4 March 19,2007 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, the true copy with original signatures shall be returned to the Planning and Building Department. Failure to return the signed true copy of this document prior to submittal of plans for building penn its to the Planning and Building Department shall indicate the Property Owner/Applicant's desire that the project, and the corresponding application for building pennits and/or business license, be held in abeyance without approval. Owner of 1419 Tobias Drive Date Signature of Authorized Representative Date PASSED AND APPROVED BY THE DESIGN REVIEW COMMITTEE OF THE CITY OF CHULA VISTA, CALIFORNIA, this 19th day of March, 2007, by the following vote, to-wit: AYES: Chair Alberdi, Members Bringas, Justus, Hogan, Calvo NOES: ABSTAIN: ABSENT: ATTEST: Luis Hernandez, Zoning Administrator Lori McElroy, Secretary /AP J:\Planning\ann\DRC\Notice of Decision\DRC06018.nod4 .471'>4 c. H./L.{ t:: .AJ T E 1.0 EXECUTIVE SUMMARY 1.1 General Description JCEPlHuang completed a property condition assessment (PCA) ofa multi- dwelling complex known as the Rancho Vista Condominiums located at 1419 Tobias Drive in Chula Vista, San Diego County, California 91911-4430 (subject property) at the request of Joseph Scarlatti of West one Management Consultants. As a part of the PCA, an on-site walk through observation was made on January 12, 2005 with Ray Davis, Resident Manager, Bob McGowan and Leonard Chretien, Partners of the subject property. The subject property consists of24 dwelling units housed in a rectangular-shaped two story garden type apartment building, and a single-level clubhouse building. Out of the 24 apartments, four are 3 x2 units, others are 2 x 1s. The apartments are numbered 1 through 24 where 1 through 12 are ground level apartments, 13 through 24 are on the second floor. Constructed of wood frame, the subject apartment building has a rentable area of an approximated 20,860 square feet. Origina1 development of the property was completed in 1972 on an irregularly shaped parcel ofland of an estimated 70,908 square feet (1.628 acres) in the City of Chula Vista. A brief description of the subject property is as follows: Two x one Three x two Total 1 throu h 10 and 13 through 22 11,12,23 and 24 Note: During the on-site walk through observation, JCEP/Huang randomly observed the following units: Nos. 1,4,5,6,8,9,10,11,12,14,15,19,21 22 and 24. Additionally, the subject dwelling complex also provides 48 asphalt paved surface parking spaces, a laundry room with 3 washers and 3 dryers, a clubhouse building, and associated hardscape and landscape. The clubhouse building is currently used to accommodate the laundry room, a storage room, a domestic hot water heater utility room, and the clubhouse which is not in use. We understand, this clubhouse building will be renovated to offer a refurbished and up-graded clubhouse with men's and women's bathrooms. And the currently gravel covered grounds in front of the clubhouse building will be converted into a tot lot and a BBQ area with BBQ grills and picnic table sets to meet current City standards. Due to the mild climate in Chula Vista, and like many apartments in the project area, Rancho Vista Apartments is not air conditioned for cooling. Heating for the apartments is provided by individual gas-fired forced hot air furnace in the utility 4 closet of each apartment. Domestic hot water for the apartments is provided by one central gas-fired hot water heater contained in the utility closet in the clubhouse building. Each dwelling unit is furnished with a gas range/oven, stainless steel sink, counter tops, wall cabinets, ceiling fan and refrigerator. As a part of the condominium conversion program, stacked washer and dryer will be installed in each unit. And the existing laundry room will be converted into men's and women's restrooms for the new clubhouse. The electric distribution panels and individual electric meters are housed in the utility closet attached to the apartment building. Individual gas meters are hung on the exterior wall of the apartment building. Smoke detectors are available for the dwelling units, and the apartment building is fitted with fire extinguishers. Additionally, fire hydrants are located along the city street sidewalks by the property and on-site as required by the current fire code. J.2 General Physical Condition The subject property appears adequately maintained and in overall good condition with few defects noted. Components of the building are composed of durable materials and sturdy construction. It is JCEP/Huang's opinion that the subject property is comparable to or better than other similar properties of similar age in this area and, subject to a continued program of sustained preventative maintenance, the remaining economic life of the subject apartments should exceed 35 years, 1.3 Recommended Immediate Repairs (within 12 months) Deferred maintenance and physical deficiencies for which actions are recom- mended represent potentially unsafe conditions, material code violations, and items that require corrective works on a higher priority than routine work. Based upon observations conducted during the property visit, the following objectionable property conditions that require immediate corrective works were identified: . Cracks were observed on the asphalt pavement by the west side entrance way to the apartment building (See photo 24). These cracks appeared large enough to be considered as potential tripping hazards. JCEP/Huang recommends that this condition be corrected immediately. ESTIMATED COST: $1,300.00 . The first concrete tread on the west side stairs was noted to be broken (See photo 23). This condition can also be considered as a potential tripping hazard. 5 It is recommended that this tread be replaced immediately. ESTIMATED COST: $ 300.00 1.4 Recommended Short Term and Intermediate Term Repairs (between I to 5 years) We understand that the owner of the property has planned a Renovation Program to convert the dwelling units into condominiums. The Program will be carried-out within the next two to three years, and it includes: I. Repair/replacement of flooring and painting of interiors of all dwelling units. 2. Replacement of kitchen appliances with reputable name brands, and repair/replacement of counter tops, cabinets and sinks. 3. Repairlreplacement of windows and doors. 4. Repair/replacement of bathroom fixtures. 5. Repair/replacement of any water and pests damaged building elements and materials, including the stairs, second floor landings and breezeways, fencing, gates and light poles. 6. Repair/replacement of the heating units. 7. Repairlreplacement of the hot water heater. 8. Install new stacked washer and dryer in each apartment. 9. Install dishwasher in each unit. 10. Up-grade the site illumination system, including repairs/replacements of light poles. II. Install a centrally located brand new trash enclosure that meets the current City standards. JCEP/Huang also recommends the following repairslreplacements and up-grades be incorporated with the Renovation Program. . Isolated cracking and alligatoring were noted on the asphalt paved driveway and parking lots. Localized repairs are recommended. Following the repairs, seal-coating and restriping of the pavement should be performed. 6 . Reroof the clubhouse building. . Re-1andscape the backyard (north side of the property) including the hi]] and adjust irrigation system accordingly. . Fi]] bare areas with materials that are comparable to the existing plants and adjust the irrigation system accordingly. Also reset sprinkler heads for proper spraying of the irrigation water to avoid staining the exterior wa]]s. . Paint exterior wa]]s of the building, property fences, stairs, railings for the second floor landingslbreezeways. . Insta]] an electronica]]y contro]]ed security gate system at the entry way to the property facing Tobias Road 7 ,47T4L-ff4IEAJ7 F 60 Day Tenant Notification that the Owner Intends to File an Application with the City of Chula Vista to Convert the Existing Apartments to Condominiums Vicente or Maria Diaz 1419 Tobias Dr Suite# 1 Chula Vista, CA 91911 TheOwner(s) of the buildings located at, 1419 Tobias Dr, Chula Vista, CA 91911, intends to file an application with the City of Chula Vista to convert the building to a condominium. You shall be given notice of each public hearing for which notice is required pursuant to sections 66451.3 and 66452.5 of the Government Code, and you have the right to appear and the right to be heard at any such hearing. Westone Management Consultants, LLC Authorized Agent for the Owners of the Property 12-20-04 Date Wf"c;tonp Manaopmpnt CnnC;lJ'tanto::; CONDOMINIUM CONVERSIONS-FORM B NOTICE TO PROSPECTIVE TENANT OF INTENT TO CONVERT (PRIOR TO EXECUTION OF RENTAL AGREEMENT) To the prospective occupant(s) of: 1419 Tobias Dr Chula Vista. CA 91911 (address) 1 (apartment #) The owner(s) of this building, at 1419 Tobias Dr. Chula Vista. CA 91911 (address), has filed or plans to file a Design Review and Tentative/Parcel Map application with the City of Chula Vista to convert this building to a condominium project. No units may be sold in this building unless the conversion is approved by the City of Chula Vista and until after a public report is issued by the Department of Real Estate. If you become a tenant of the building, you shall be given notice of each hearing for which notice is required pursuant to Sections 66451.3 and 66452.5 of the Government Code, and you have the right to appear and the right to be heard at any such hearing, The owner or owner's agent shall provide a total of five (5) different notices throughout the approval process to each tenant prior to the tenant vacating the premises due to the conversion. The City of Chula Vista will notify each tenant of all three public hearings (Design Review Committee, Planning Commission, and City Council) for the project approval. If you moved in after the process had began, the owner's representative shall inform you of the current status of the project and how many notices you will be given prior to vacating the unit. ~,t.d' (signature of owner or owner's agent) December 20'",2004 (date) I have received this notice on (date) (prospective tenant's signature) -!J ru rn ['- I. .' os. ervlce'M . CER;rIR&f) MAILM R!lCEIPT . (Domeslic Mali'Only; No Insuran<:ttCoverage ProvIded) i:'::oO- ""'!Al USE .:T D ['- rn POS!8QEI $ r-- Certified Fee D o Return Reclept Fee o (Endorsement Required) 12.30 11.75 10.00 o Restricted Delivery Fee Q:) (Endorsement Required) -!J M Total Postage & Fees $ H. 42 m D 5."To ViC.~nk. -1' 1YW'UiL "DICIt.-- ~ ;!~:t;::;:::H]~::j~!0:~:::~'::;:~:::C:::::::::::::::::::::::: City (';h t."ttt. V I '6fz\ 0... '11"1/1 03103/2004 D .:T m ['- U.S. Postal Service'M CERTIFIED MAILM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at WWW.usps.COI1.Clo .:T D ['- m C ,r" yjhfiAj9~ I A $ !' Postage Certj/ledFee 12.30 Return R&e!ept Fee 11.75 (Endorsem~nt Requirad) Restricte<1 Oeltvery Fee 10.00 (Endorsement Required) Total Postage & Fees $ 1...2 ---. n~ ~'\I....,.. ."" ,,- ri..~. 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DIJ'BS ....-o~stma?k Here~ ~ r< --.P ~~; '2;J ;r- 9" 03/031200. -- fl.75 o Restricted Delivery Fee I:{J (Endorsement Required) -!J M Total Postage & Fees $ 10.00 1...2 m D .nt'J; t1 ~ ~1B~0~7<-;;ffr;,~fi:'Qkl'y"l ['- LrI m ['- .:T D ['- m Postage $ '~ ;-,..y.. ;'J( \ - ------ 0040 Og~tmark if ~ere % '9" Certified Fee 12.30 11.75 10.00 C- l' ['- D D Return Reclept Fee o (Endorsement Required) o Restricted Delivery Fee I:{J (Endorsame"t Required) -!J """ 03/031 00. Total Postage & Fees $ H.,2 ~ . ~t..' J!!.~..,72"iOl..lJ!.MT{{:;er..,.. o Street. J,Jc~o.; . 71 I I ['- 01 PC!f'~,X.NO:J'iL1..r.~'...,~ ..!/.~.r.. .':1......""""",., '0 Ciiy,Sta'{;f!z"Z1!a 1/1 {A. 9/1// 1 """ ['- m ['- U.S. Postal Service'M CERTIFIED MAILM RECEIPT {Domestic Mail Only; No Insurance Coverage Provided} ,I, 'x. I !' J .:T D ['- m Postage $ 'c.,I~ '\:-- '~' 00.0, 08 /:~~stmark c1 Here <1;, (. y ['- D o Return RecJept Fee o (Endorsement Required) Certified Fee 12.30 11.75 10.00 o Restricted Delivery Fee I:{J (Endorsement Required) -!J M s Total Postage & FeslI $ ~4.42 m rS~t To '7)' .. 1 D-.,~ ~"m'T.nSC{I.{/i..rJ.Q.n;.J./(L r'-- ;"r!1Mt ApI No; ,"."" ~. ~ 1 ?O04 4rr.4c-t+/l...{E )J-~ . ((' ( 6- P I ann n g & Building Planning Division Department Development Processing em OF CHUlA VISTA APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chuia 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. 11)ft 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. k!aV\cno ~ )15h:.v Co/1Jo(V\'(Vli ~ I LLc. 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. vjA 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. (A).e~\L MfMr1Q~ CD(~tbhV\1-s 5, Has any person' associated with this contract had any financial dealings ><n official" of the City of Chula Vista as It relates to this contract within the past 12 months. Yes_ No If Yes, briefly describe the nature of the financial interest the official" may have in this contract. Have you made a contribu\ien /t more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No pes _ If yes, which Council member? 6. 276 Fourth Avenue Chuld Vista California 91910 (619) 691-510] P I ann n g & Building Planning Division Department Development Processing CnY 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 1:2) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes_ No , If Yes, which Icial** and what was the nature of item provided? Date: -j UArlL is , :JlJD 5 I Signa ure of Contractor/Applicant . ..~h S~Q!b type na e 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 Fou rth Avenue ChuJa Vista California ~ 1 ':11 () (b 1 !)) 691 -5 I ()]