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HomeMy WebLinkAboutPlanning Comm Reports /2007/02/14 AGENDA MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA 6:00 p.m. Wednesday, February 14, 2007 Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: ROLL CALL I MOTIONS TO EXCUSE: Planning Commission: Felber Bensoussan_ Spethman_ Vinson Tripp_ Moctezuma_ Clay ton_ PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE: APPROVAL OF MINUTES: January 24, 2007 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: PCS 05-06; Consideration of a proposal to convert an existing 124-unit apartment complex located at 307 Orange Avenue to 124 condominium units for individual ownership. Applicant: Premier Coastal Development. (Quasi-Judicial) Project Manager: Danielle Putnam DIRECTOR'S REPORT: COMMISSION COMMENTS: ADJOURNMENT: To a regular Planning Commission meeting on February 28, 2007. MINUTES OF THE PLANNING COMMISSION OF THECITY OF CHULA VISTA 6:00 p.m. January 24, 2007 Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: ROLL CALL / MOTIONS TO EXCUSE: Members Present: Member(s) Absent: Felber, Vinson, Bensoussan, Tripp, Clayton, Speth man Moctezuma Staff Members Present: Jim Hare, Assistant Planning Director Luis Hernandez, Development Planning Mgr. Jeff Steichen, Associate Planner Michael Shirey, Deputy City Attorney III APPROVAL OF MINUTES: November 29, 2006 MSC (SpethmanNinson) that the Planning Commission adopt the minutes November 29, 2006 as submitted. Motion carried. ORAL COMMUNICATION: Mr. Steve Palma addressed the Commission on an item not on the agenda regarding: . His concern with the need to expedite the update of the Zoning Code and Ordinances; . The lack of a pro-active code enforcement program in Southwest Chula Vista, and . The lack of responsiveness on a commitment made from the Code Enforcement Manager to follow-up with Mr. Palma on certain issues. 1. PUBLIC HEARING: PCZ 06-06; Consideration of a request to change from existing R3-P9 (Multi-family Residential/Precise Plan with nine dwelling units to the acre) to IL (Limited Industrial) to allow for an expansion of an existing warehouse/industrial building at 969 Naples Street. Staff recommends that public hearing be continued to a date uncertain. Public Hearing Opened: Teresa Acerro representing the Southwest Chula Vista Civic Association, commended Ann Pease (project manager) for her responsiveness to the concerns raised by the SWCVCA regarding this project. Ms. Pease organized a public-outreach meeting with the surrounding residents and a project representative where many issues and concerns were raised. Ms. Acerro requested that the Planning Commission stand with the community of southwestern Chula Vista to insist that staff bring no project before the Commission until all issues that could Planning Commission Minutes -2- January 24, 2007 negatively affect the domestic tranquility or health and safety of existing residents have been thoroughly dealt with. Additionally, the SWCVCA requests that the zoning of this property not be changed until the General Plan Update conditions for that change are met. Commission Comments: Cmr. Tripp requested that when this matter comes back to the Commission, that staff include in their report what non-conforming rights an older building might have to continue an operation the same as at the time of their operation's inception. MSC (Clayton/Speth man) (6-0-1-0) that public hearing be continued to a date uncertain. Motion carried. 2. PUBLIC HEARING: PCS 05-06; Consideration of an application for the proposed conversion of an existing 124-unit apartment complex to 124 condominium units for individual ownership located at 307 Orange Avenue. Staff recommends that public hearing be opened and continued to February 14, 2007. MSC (Tripp/Clayton) (6-0-1-0) that public hearing be opened and continued to February 14, 2007. Motion carried. 3. PUBLIC HEARING: PCC 06-49; Consideration of a Conditional Use Permit to remodel and expand a two-campus church complex at 2351 Otay Lakes Road and 990 Lane Avenue. Background: Jeff Steichen reported that the Eastlake Community Church submitted an application requesting approval to combine two existing church sanctuaries with a combined seating capacity of 1,127 into a new sanctuary with a seating capacity of 1,458. The application includes a request to increase the childcare capacity from 160 to 210 children and to establish a shared parking arrangement with the Kohl's store. Mr. Steichen stated that the new sanctuary would increase the seating capacity by 321 additional seats, resulting in a total of 417 required parking spaces. Currently, the upper and lower campus provides 370 parking spaces. Based on the increased seating capacity, 47 additional required parking spaces must be provided off-site. Kohl's was built with 41 parking spaces in excess of what the Eastlake Greens PC District Regulations required. Therefore, the ELCC entered into an agreement with Kohl's to utilize the excess parking, plus 9 additional spaces (total of 50) designating these parking spaces as "overflow vehicular parking" for the church. The ELCC conducted a parking analysis of peak hours of operation for the Kohl's store, which determined there is no conflict between both operation's peak hours and could, therefore, accommodate the church's request. The existing parking agreement with Kohl's would be modified changing the designation as "overflow parking" to read "required parking". Staff Recommendation: That the Planning Commission adopt resolution adopting the Mitigated Negative Declaration and approving CUP PCC 06-49 based on the finding and subject to the conditions contained therein. Planning Commission Minutes -3- January 24, 2007 Public Hearing Opened. Paul Nieto, representing the church, clarified that the agreement with Kohl's is an easement for 50 parking spaces. Mr. Nieto also stated that previously in his career, he was president of The Eastlake Company and they specifically planned The Village Center and Business Center to have shared parking because at the time, it was uncertain what types of uses were going to be there. Pastor Mike Meeks stated he has been the Pastor at Eastlake Community Church for the past 9 years, and gave a historical briefing of the church's growth and building program, starting from a congregation of approximately 100, to the present congregation of over 4,000, with a myriad of program and services that are being provided for the betterment of the community. Pastor Meeks thanked the Commission for their consideration of their proposal and urged their support of the project. David Canales stated he and his family attend and he serves on the Elder Board of the ELCC. He stated that ELCC is a place where one can find restoration and support for many of life's issues, ranging from divorce to substance abuse recovery. Mr. Canales stated that he church's desire to expand its facilities is based on a desire to be able to meet the needs of a growing congregation; he urged the Commission to approve the Conditional Use Permit. Jim Cartmill commended staff for working with ELCC, ensuring that the entitlement process moved forward and as smoothly as possible. Mr. Cartmill stated that based on the resources and services that ELCC provides, he has personally witnessed life-changing experiences for individuals and families; an approval of the CUP comes down to a vote in support of family, faith and community. Emma Lagos stated that ELCC is a place where family and community of every age can come to serve and give back to the community, or a place to come and receive healing and restoration. She urged the Commission to approve the Conditional Use Permit. Manuel Oncina, Architect, stated he was available to answer any question that the Commission may have. Public Hearing Closed. Cmr. Spethman expressed some concern with utilizing the Kohl's store parking as a means by which to meet its parking requirements. Cmr. Spethman inquired if all of the necessary studies had been conducted to confirm that there is no conflict with parking during Kohl's peak hours of operation and during the holidays. The applicant and staff confirmed that the church has conducted a traffic analysis and the findings were that the peak hours for the ELCC do not conflict Kohl's peak hours, which are on Wednesday mornings and Saturdays during the day; Sunday mornings are not one of their peak hours of operation. Furthermore, staff indicated that when the Village Center was being developed, a traffic analysis was conducted, which determined that there were no significant traffic impacts. With respect to the present proposal, the Traffic Engineered determined that the increase in seating capacity did not warrant conducting a new traffic analysis. Cmr. Spethman asked what use is envisioned for the area of the existing sanctuary in the lower campus. Pastor Meeks responded that the area will be designated to be used for children's classrooms. Planning Commission Minutes - 4- January 24, 2007 The Commission consensus was that churches are a needed resource that serve the diverse needs of a community, and felt that upon review of the documentation and Conditions of Approval, the necessary findings could be made to support the proposal. MSC (Tripp/Bensoussan) (6-0-1-0) that the Planning Commission adopt resolution adopting the Mitigated Negative Declaration and approving CUP PCC 06-49 based on the finding and subject to the conditions contained therein. Motion carried. 4. PUBLIC HEARING: PCC 06-25; Consideration of a Conditional Use permit to establish and operate a permanent outside sales and display of merchandise for a forthcoming Home Depot store at 1030 Third Avenue. Mike Shirey, informed the Commission that the City Attorneys Office would like the opportunity to conduct a thorough review of the environmental documents for this project, therefore, is recommending that this item be postponed indefinitely and that the public hearing not be opened. However, if there is someone in the audience that would like to address the Commission on this matter, it is at the discretion of the Commission to allow the testimony to be heard tonight. Teresa Asaro representing the SWCVCA stated that she concurs with Counsel's recommendation to delay the hearing because there are, what they consider, severe environmental impacts to the surrounding neighborhood. Cmr. Tripp inquired if the public hearing was duly noticed; if so, he expressed a concern with postponing the hearing. Cmr. Tripp further stated that if a project is duly notice, and the environmental documents are accurately prepared in a timely manner, he is concerned that delays in the process will send a wrong message to the business community in an area of the City that needs redevelopment. MSC (Vinson/Clayton) (5-1-1-0) that the Planning Commission continue this item to a date uncertain. Motion carried with Cmr. Tripp voting against the motion. DIRECTOR'S REPORT: Assistant Director Hare reminded the Commission of the upcoming GMOC tour on January 27'"- Additionally, Mr. Hare stated that he is working on scheduling an orientation/Procedures Planning Commission Workshop on March 21s'. Adjournment to a regular Planning Commission meeting on February 14, 2007. Diana Vargas, Secretary to the Planning Commission PLANNING COMMISSION AGENDA STATEMENT Item: Meeting Date: 2/14/07 ITEM TITLE: PUBLIC HEARING: Consideration of application PCS 05-06; for the proposed conversion of the existing l24-unit 307 Orange Avenue apartment complex to 124 condominium units for individual ownership - Premier Coastal Developrnent. The applicant, Premier Coastal Development, submitted a Tentative Subdivision Map application proposing to convert l24-unit apartment complex to 124 condorninium units for individual ownership at 307 Orange Avenue (see Attachment A, Locator Map). Pursuant to the Chula Vista Municipal Code Section 15.6 and the City of Chula Vista Subdivision Manual, a Tentative Subdivision Map is required for the conversion in order to detennine if the project complies with all ofthe necessary regulations. Environmental Status: 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 (existing facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION: Adopt the attached Resolution PCS-05-06, recommending that the City Council approve the proposed Tentative Map in accordance with the findings and subject to the conditions contained therein. DISCUSSION: Background: This application for a Tentative Subdivision Map (one-lot condorninium map) to convert a l24-unit apartment complex to 124 condominiurn units for individual ownership was originally filed by Westone Managernent on August 12, 2004. City staff duly infonned the applicant about the project's deficiencies embodied in the initial subrnittal. Westone indicated they would apply for a variance to address the deficiencies but no solutions or actions were forthcoming for several months. In December 2004 the current applicant, Pr!,rnier Coastal Developrnent, took over processing of the project and subsequently began a series of meetings with City staff to address issues and deficiencies, project improvements, and revisions. To qualify for incentives under density bonus law, Premier Coastal proposed the project include 41 housing units affordable for moderate income persons and families; therefore, an affordable housing agreement between the City and the Applicant was prepared. Page No.2, Item: _ Meeting Date: 2/14/07 The existing apartment complex was constructed in 1985 and consists of 124 apartment units and common open space. Tentative and Final map approvals are required to create the one-lot 124-unit condominium map, with fInal action by the City Council. Condominium conversion projects in Chula Vista also require Design Review. The Design Review Committee had a prelirninary design review on December 19, 2005 for the project and directed the Applicant to address the open space deficiency, increase architectural detailing, and add more landscaping. The Applicant returned to a publicly noticed review scheduled on April 17, 2006 where the DRC approved the project 4-0-1, subject to approval ofthe Tentative Map. Project Site and Setting The site is a trapezoidal shaped, level, 3.48-acre lot with an existing apartment cornplex located at 307 Orange Avenue. The existing uses adjacent to the site are listed in the table below. Table 1: Zoning and Land Use General Plan Zoning Existing Land Use Site Residential High R-3-P Apartment Apartment Complex Residential North Single-family, R-l Existing Single detached Single family Family Homes residence East Retail Commercial CC Gasoline service Central station (BestMart Commercial Gas & Mini Mart) South Open Space Mobile Home Park Stann Water Drainage Channel West Civic Uses R-2-P Vacant land adj acent to South Chula Vista Library parking Public Utilities S-94 Vacant I SDG&E utility corridor Page No.3, Item: _ Meeting Date: 2/14/07 Project Description: The complex consists of 96 two-bedroom units and 28 one-bedroom units in a total of seven buildings. The I-BRlI bath units are 538 SF in size, while 2-BRll bath units are 710 SF, and 2-BRl2 bath units are 758 SF. The buildings types and number of units each type contains are summarized below: Table 2: Building Types and Units Building Type No. of Stories No. of No. of Total No. Buildings Units/Bldg of Units A 2-story 2 24 2-BR 48 B I-story 2 4 2-BR 8 C 2-story 2 20 2-BR 40 D 2-story 1 28 I-BR 28 Total 124 Although no significant exterior structural changes are proposed to the existing project, the applicant proposes to upgrade both the interior and exterior of the units, add community amenities, and rerresh the landscaping. Exterior improvernents include new paint and additional architectural detailing on the buildings, roof replacement, installing a tot lot and play structure, repairing and replacing all driveways and walkways where needed, adding carports, and refreshing and supplementing the landscaping where needed. Interior upgrades include new carpeting and bathroom tiling; replacernent of bathroom cabinets and refinishing tub/shower enclosures; new texture and paint on all walls and ceilings; washer/dryer in each unit; and all air conditioning units, lighting fixtures, and electric appliances to be replaced. (Attachment F is a cornplete list of the Applicant's proposed interior and exterior irnprovements.) Storage space for 124 units is proposed in storage cupboards inside new carports. The units are already served by separate electric meters, while gas, water, and sewer will be the responsibility of the Homeowners Association. The Applicant proposes to set aside 41 on-site dwelling units that would be restricted for 30 years to moderate income affordable tenants (see affordable Housing Provision Section below). The project is an existing legal non-conforming apartment complex originally approved and developed under County regulations. As a result, there are some issues regarding deficiencies in the amount of parking and open space, width of drive aisles, ratio of compact to regular parking spaces, and one setback along the rront property line. Page No.4, Item: _ Meeting Date: 2/14/07 Pursuant to Government Code Section 65915.5 (Attachment 1), the Applicant proposes to provide 41 units of on-site affordable housing for moderate income persons and families in exchange for concessions :from City standards on the parking area, open space, and the :front building setback. The requested deviations are more specifically described as follows: Table 3: Requested Deviations Itern Code Requirement Proposed Requested Deviation Parking Spaces 234 Total spaces 192 Total spaces Deficiency of 42 parking spaces Percent of 10% 71% Increase of 61 % Cornpact Spaces (19 spaces out 136 spaces out ofthe 192 spaces) of the 192 spaces) Width of 24 ft. 24 ft., 20-ft., 22ft. Deficiency of 4 ft in Drive Aisles the rear (south), 2 ft. on the side (east). Open Space 49,600 sq. ft. 42,713 sq. ft. Deficiency of 6,887 sq. ft. Front Building 15 ft. 8.8 ft. Deficiency of 6.2 ft. Setback Storage Space 200 cu. ft. 183 cu. ft. Deficiency of 17 2- BR unit (For 56 out of the cu. ft. in 56 units total 124 units) The project also has a deficiency of 17 cubic feet of storage space for 56 of the units. Per CVMC section 15.56.070, in considering tentative rnaps for condominium developrnent and evaluating the rnanner in which storage space is provided, the Planning Commission may recornmend and the City Council rnay approve departures :frorn the stated standards after review of each proposal. . Page No.5, Item:_ Meeting Date: 2/14/07 Table 4: Project Data REQUIRED PROVIDED Parking: 234 Spaces total 63 Open stalls 1.5 spaces / I-BR unit 124 Covered stalls (carports) 2.0 spaces / 2-BR or more unit 5 Handicapped spaces 192 Total Spaces (deficiency of 42 parking spaces) Lot Coverage: 50 % 41 % (includes carports) Setbacks: Front: 15 ft. 8.8 ft. (Deficiency of 6.2 ft.) Exterior Side Yard: lOft. Not applicable One Interior Side Yard: 5 ft. Not applicable Both Interior Side Yards: lOft. 37 ft. Rear: 15 ft. 50 ft. Storage: 150 cu. ft. / I-BR unit 176 cu. ft. / 1- BR unit 200 cu. ft. / 2- BR unit For 40 units, 247 cu. ft. /2- BR unit For 56 units, 183 cu. ft. /2- BR unit (deficiency of 17 cu. ft. on 56 2- BR units) Open Space Requirement: 49,600 SF 42,713 SF (400 SF per lor 2-BR unit x 124 units) Deficiency = 6,887 SF Building Height: 28 feet or 2.5 stories 23 feet Analysis: Noticinl! Documentation Pursuant to Section 66452 of the Subdivision Map Act, condominium conversion projects rnust satisfy certain noticing requirements. The applicant has completed the tenant noticing required by the State and by the Municipal Code prior to Tentative Map consideration, including "Form A", the "60-Day Notice to All Existing Tenants of Intent to convert"; and "Form B", the ''Notice to all Prospective Tenants of Intent to Convert". Table 5 below identifies the noticing requirements and when existing and prospective tenants should receive them. The tenants have been aware of the condominium conversion project proposal since Form A was sent in August of2003, and will be given notice of having the first option to purchase a unit. Sample notices provided by the Applicant are attached (see Attachment E, Noticing Documentation). . Page No.6, Item: _ Meeting Date: 2/14/07 Table 5: Noticing Documentation NOTICE REQUJREMENT 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 certified mail to existing "FonnA"* Tentative Map application tenants during August with the City 2003. Notice to all prospective tenants of Prior to acceptance of any Applicant has submitted a intent to convert - "F ann B"* rent or deposit from the current tenant list with prospective tenant copies of signed forms for all new tenants. lO-day notice to all existing 10 days before or after To be determined! tenants of an application of a submittal of the Public Typically following Final Public Report - "Form C" Report to the Department of Map approval Real Estate 10-day Notice to all existing Within 10 days of approval To be determined! tenants of Final Map approval - of the Final Map by the City Typically following Final "Fonn D" Map approval Notice to all prospective tenants of Prior to acceptance of any To be determined prior to option to purchase/termination of rent or deposit rrom the approval of Final Map tenancy - "Fonn E" prospective tenant 90-day Notice to all existing For a period of 90 days after To be determined prior to tenants of option to issuance of the Public Report approval of Final Map purchase/termination of tenancy - rrom the Department of Real "Fonn F" Estate t SO-day notice to all existing 180 days prior to termination To be determined prior to tenants of intent to oftenancy approval of Final Map convert/termination of tenancy - "Form G" Homebuver/Relocation Assistance: A meeting/workshop will be organized by the Applicant, to be held within a week after approval of the Tentative Map by City Council, to include all current tenants; representatives from the property managernent cornpany and developer; a mortgage broker; and a representative from the City of Chula Vista. The developer will offer to any interested tenant a $5,000 discount on their unit as an incentive to purchase. The discount will be offered only for those tenants who purchase a unit at the 307 Orange Avenue project (See Attachment G, Hornebuyer and Relocation Assistance letter). A mortgage broker will be present to help those who wish to purchase their unit. The broker will hold a workshop on how tenants can pre-qualify for a rnortgage and becorne homeowners. The applicant will assist with the relocation of those tenants who prefer not to purchase their units. Relocation expense assistance of $500 will be paid to the tenants five days in advance of their rnoving out, and relocation infonnation and assistance to help secure Page No.7, Item:_ Meeting Date: 2/14/07 other rental housing will be provided by the Project's property management company. Recent condominium conversions have shown that issues can arise regarding the particulars oftenant relocation assistance. Staff believes that for this project, all the basic components are in place; however, further details may be needed. Staff has included a condition of approval requiring that the applicant work with Staff on these further details and also provide evidence that the requirements of the Applicant's hornebuyer and tenant relocation assistance program (see Attachment G) has been satisfied prior to approval of the final map. Property Condition Assessment Report Because the apartment cornplex is rnore than five years old, the Applicant has prepared a "Property Condition Assessment Report", which states that the property appears adequately rnaintained and is in overall good condition, with some defects noted. Items recommended for immediate repairs included cracking of the entry drive pavement and adjustments to the irrigation system's spray pattern. Recommended short term and intermediate term items, due to aging, included replacement of the roof, air conditioning units, hot water heaters, and kitchen appliances. The report concluded with the opinion that subj ect to a continued program of sustained preventative maintenance, the rernaining economic life of the property should exceed 35 years. The report's recommendations that would upgrade the property and units (see Attachment H, "Property Condition Assessment Report - Executive Summary") have been incorporated into the Tentative Map conditions of approval. Table 6 below lists the existing services utilities within the project and what is proposed under the Tentative Map. Table 6: Utilities UTILITY EXISTING CONDITION PROPOSED CONDITION Air conditioning Individual electrical-powered units. Replace with new in each unit. Heating Individual electrical-powered units. Replace with new gas powered heater in each unit. Water heaters Individual gas water heaters for Replace gas water heaters for each building (7 total) and each building (7 total); remove centralized solar heater (non- non-operational solar heater operational.) system. Gas Gas meter for each building (7 Condition of rneters should be total) evaluated by the corresponding gas company serving the complex. Electric meter Individual meters - central wiring No change proposed. system. Water Common No change proposed. Sewer Common No change proposed. *Cable Individual unit. No change proposed. *Telephone Individual unit. No change proposed. *Not covered in the HOA . Page No.8, Item: _ Meeting Date: 2/14/07 The maintenance and monthly payment of the utilities will be addressed in the project's CC&Rs. The project is conditioned to meet current Fire Code requirements, including one-hour firewalls, smoke detectors and fire extinguishers, and be inspected and approved by the Fire Department. Gutters and downspouts must be provided on all buildings to prevent water stains and mildew on exterior walls. Affordable Housing Provision Pursuant to Government Code 65915.5 (see Attachment I), when an applicant for approval to convert apartrnents to a condominium project agrees to provide at least 33 percent of the total units to persons and families of moderate incorne, the City shall either grant the project a density bonus or provide other incentives of equivalent financial value. These incentives do not require monetary compensation but may include the reduction or waiver of requirements that the City might otherwise apply as conditions of conversion approval. In exchange for providing 41 units restricted for 30 years to moderate income affordable tenants, the subject application's "other incentives" are reductions in City requirements for (1) the parking area with its substandard drive aisle widths, ratio of compact to regular parking spaces, and shortfall of 42 required parking spaces; (2) deficiency of 6,887 square feet of open space; and (3) a rront yard setback of 8.8 feet instead of 15 feet for one building on the property; (4) deficiency of 17 cu. ft. of storage space for each 56 2-bed units. The proposed project is conditioned to provide the stated affordable housing units in exchange for the concessions on City requirernents and also conditioned on the City and the Developer entering into an approved Affordable Housing Agreernent. Municipal Code Requirements: A condominium conversion project must satisfy certain City requirements including current zoning, which is R-3-P, the Chula Vista Design Manual, and the Chula Vista Municipal Code (CVMC) requirements, which include off-street parking, open space, and condorninium conversion regulations per City ordinance. The following sections discuss how the project complies with these requirements. Open Space -- Common Open Space: CVMC Section 19.28.090 requires 400 square feet of common usable open space per 1- bedroom or 2-bedroom unit; therefore, the project must provide a minimum of 49,600 square feet of open space. The minimum dimension for any area to be considered as open space is six feet, with a minirnum area of 60 square feet. As seen on the Site Plan (Attachment D), the project provides 42,713 SF of open space, which is a deficiency of 6,887 SF. Private open space totaling 1,190 SF is proposed by the applicant, consisting of an existing 42.5 square foot balcony for 28 of the units located upstairs. These balconies do not meet the minimum size standards of the Zoning Ordinance (60 SF for area, 6 feet for dirnension) and therefore are not eligible for inclusion in the open space total. No other private open space is provided for the remaining 96 units. Page No.9, Item: _ Meeting Date: 2/14/07 As shown in Table 6 below, open space amenities include 37,475 SF of turf and landscaped areas, a 2,238 SF tot lot, a 2,400 SF concrete deck area with a swimming pool (18' x 35'), a 300 SF gym room, and a 300 SF club house/recreation roorn. The gym room is being converted from an existing rental office, while the club house/recreation room is being converted from an existing laundry room. Staff has concerns how these two separate buildings, with dirnensions of 10' by 30', will accommodate the intended recreation facilities. The Applicant has not provided further information regarding the internal layout for these recreation facilities. a e : rOlec men mace REQUIREMENT PROPOSED 49,600 SF 42,713 SF* 400 SF/unit x 124 units Common open space = 46,326 SF 37,475 SF turf and landscaping 2,238 SF tot lot 2,400 SF pool and concrete deck 300 SF gym roorn 300 SF club house/recreation room Deficiency = 6,887 SF Private open space = 1,190 SF** T bl 7 P to S * Does not include private open space of 1,190 SF. ** Does not meet city requirement for minirnum area and dimensions so is not included in total. Pursuant to Government Code Section 65915.5, the Applicant is requesting a concession frorn City standards for the deficiency in the Open Space requirernent, as there is no underutilized ground space on the subject parcel for additional open space. Staff supports allowing the requested deviations in partial exchange for the guarantee of 41 units of onsite housing affordable to moderate income tenants. Conversion of Dwelling Units to Independent Ownership (CVMC Chapter 15.56): Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership, apartments converted to condorniniurns for sale rnust address the following issues: parking, adequate storage for each unit, common useable open space areas, and must satisfy fire and Uniform Building Code standards before occupancy. Per CVMC 15.56.070, in considering tentative maps for condominiurn development and evaluating the rnanner in which storage space is provided as required by CVMC 15.56.020(C), the Planning Commission may recommend that the City Council approve departures frorn the stated standards after review of each proposal. Departures shall be based on the merits of the individual project when good cause can be shown. The merits of this project are its provision of 41 units of onsite affordable housing for rnoderate income persons or farnilies. . Page No. 10, Item:_ Meeting Date: 2/14/07 A. Fire Protection: Four on-site fire hydrants are located on the site, at each of the four corners adjacent to the parking lot and buildings. The project must provide upgraded fire extinguishers and smoke alarms. The project is also conditioned to comply with current fire protection requirernents. B. Uniform Building Code: The Building Department has reviewed the "Property Condition Assessment Report" prepared by the JCEP/Huang Consulting Engineers, Inc. and the Supplemental Report by Land America Commercial Services 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 Report Executive Summary (Attaclunent H), and implementing conditions of approval specified in the attached Draft City Council Resolution, Attaclunent C. C. Storage: Section 15.56.020 requires adequate storage area for each unit. One- bedroorn units require 150 cu. ft. of storage, while two-bedroom units require 200 cu. ft. As seen in the summary table below, the storage provided for the project's 28 one-bedroom units is 176 cu. ft., which is an excess of 26 cu. ft. Each unit will have a 144 cu. ft. storage cupboard within a carport in the parking lot, and 32 cu. ft. of storage within the dwelling unit. The storage provided for the project's 96 two-bedroom units varies. Forty of the units (2 BR/2 bath) provide 247 cu. ft. of storage, which is an excess of 47 cu. ft. Each 2 BR/2 bath unit has a 144 cu. ft. storage cupboard within a carport in the parking lot, and 103 cu. ft. of storage within the dwelling unit. The project's 56 2-BR/lbath units provide only 183 cu. ft. of storage, which is a deficiency of 17 cu. ft. Each 2-BR/l bath unit has a 144 cu. ft. storage cupboard within a carport in the parking lot, and 39 cu. ft. of storage within the dwelling unit. Page No. 11, Item: _ Meeting Date: 2/14/07 Table 8: Storage Summary Table No. of No. Storage Storage Total Total Overage / bedrooms of within in carport storage required deficiency units unit per unit per unit per unit per unit I 28 32 c.f. 144 c.f 176 d. 150 c.f + 26 c.f. 2 w/ 1 bath 56 39 c.f 144 c.f 183 d. 200 c.f. - 17 c.f 2 w/2 bath 40 103 c.f. 144 c.f. 247 d. 200 c.f + 47 c.f. Total 124 Per CYMC section 15.56.070, in considering tentative maps for condominium developrnent and evaluating the manner in which storage space is provided, the Planning Commission may recommend and the City Council rnay approve departures from the stated standards after review of each proposal. Departures shall be based on the rnerits of the individual project when good cause can be shown. In this case, if the Planning Commission recommends such a departure, staff is supportive, with a condition that for the Pinal Map the Applicant shall provide all storage dimensions to prove that the storage meets all minimum dimensioning requirements. D. Housing Code: The Project is required to conform to Uniform Housing Code requirements in existence at the tirne 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 Pinal Map approval. E. Protective Lighting Standards: Lighting information has been conditioned to be submitted as part ofthe building permit application. F. Off-street parking: CYMC 19.62.050 Regulations require 1.5 parking spaces for each 1-bedroom unit and 2 parking spaces for each two-bedroom or larger sized lUlit. The project requires 234 off-street parking spaces - 42 spaces for the 28 one- bedroom and 192 parking spaces and 96 two-bedroom units - but is deficient by 42 spaces. The Project provides 192 parking spaces for residents' use, including 51 standard-sized parking spaces, 136 compact spaces, and 5 handicapped spaces. 124 of the total 192 parking spaces will be covered carports, as indicated on the Carport Plan (Attachment DA). There is on-street parallel parking on Orange Avenue adjacent to the project; field observation by staff indicates these spaces are fully utilized in the evening hours, although the ownership percentage of these cars by residents of307 Orange Avenue is not known. Per CYMC 19.62.050 (13), for every 10 parking spaces required, one of this total rnay be a "compact' space," i.e., 10% of the parking may be provided by compact parking spaces. The proposed project includes 136 compact parking spaces, which represents 71 % of the parking spaces provided, and 58% of the required parking. The parking drive aisles range from 20 to 24 feet wide, which are more narrow than the City's requirement of24 feet. The western entry driveway and drive aisle is 24 Page No. 12, Item: _ Meeting Date: 2/14/07 feet wide. Half the length of the western drive aisle serves single-loaded standard parking sta1ls, while the rernaining length is double-loaded. The eastern entry driveway is 24 feet wide, with a 22 feet wide drive aisle serving single-loaded compact parking stalls. The remaining parking areas have drive aisles of 22 feet or greater, except for a parking bay of 16 stalls with a drive aisle of 19 feet. (See Attachment D.2. Site Plan for the marked dirnensions.) Handicapped parking stall dimensions are in confonnance with ADA requirements. Pursuant to Government Code Section 65915.5, the applicant is requesting relief from the deficiency in the number of required parking spaces, the non-conforming drive aisle widths, and the ratio of compact to regular parking spaces, as there is no available space on site for additional parking. G. Design Guidelines: The applicant submitted a Design Review application DRC-05- 05 for the project's design. A public noticed Design Review Committee hearing was held on April 17, 2006, where DRC-05-05 was approved 4-0-1, subject to approval ofthe Tentative Map and the Affordable Housing Agreement. Conditions in the Notice of Decision are incorporated by reference into the Tentative Map conditions. H. Separate Service Meters: Each unit has individual electric meters. A Homeowners Association will be responsible for the gas, water, and sewer service utility meters. The Applicant shall provide CC&Rs prior to final rnap approval showing how this will be satisfied. 1. Housing Compliance Survey: The Applicant has completed a Housing Code compliance survey and a condition of approval is included requiring the applicant to correct any violations prior to Final Map approval. J. The applicant submitted a "Property Condition Assessrnent Report" and supplemental report for review by the City's Building Official. The report concludes that the existing apartment complex is in good condition, structurally and cosrnetica1ly. However, the assessment identifies immediate repairs and short-term intermediate repairs. Staff has included the report recommendations as conditions of approval in the draft City Council Resolution. K. CC&Rs: The Project is conditioned to provide evidence of declarations of covenants, conditions and restrictions in conjunction with approval of the Final Map. CONCLUSION: This project proposes an excellent discount for tenants who want to purchase their units and reasonable relocation assistance for those who will rnove out. In addition to correcting the deficiencies noted on the Property Condition Assessment report, the . Page No. 13, Item: _ Meeting Date: 2/14/07 project is replacing and upgrading the roof, air conditioning units, hot water heaters, and kitchen appliances, including a washer/dryer in each unit. Additions to the existing swimming pool and deck area recreation facilities include a club house/recreation room, gym, and a tot lot with play equipment. Much of the landscaping will be refreshed and storage cabinets will be installed in new carports for all units. Staff recommends that the Planning Commission recommend approval of PCS-05-06 to move forward to the City Council to consider approval of proposed Tentative Map PCS 05-06, conditioned upon the execution of an Affordable Housing Agreernent, and allowing the Planning Commission and City Council to reduce obligations for (I) the parking area with its substandard drive aisle widths, ratio of compact to regular parking spaces, and shortfall of 42 required parking spaces; (2) deficiency of 6,887 square feet of open space; and (3) a front yard setback of8.8 feet instead of 15 feet for one building on the property in exchange for the guarantee of 41 units of onsite housing affordable to moderate income households. Staff also recommends that pursuant to CVMC section 15.56.070, the Planning Commission recornmend that the City Council allow the deficiency of 17 cubic feet of storage space for 56 of the units, based on the project's merits of providing affordable housing that is well-designed and a long-term asset to the community. Attachments: A. Locator Map B. Planning Commission Resolution C. Draft City Council Resolution D. Plan Sheets: 1. Tentative Map 2. Site Plan 3. Landscape Concept Plan 4. Carport Plan 5. Floor Plans E. Noticing Documentation F. List ofImprovements, Repairs, and Upgrades G. Homebuyer & Renter Assistance Program H. Property Condition Assessment Report - Executive Summary I. Government Code Section 65915.5 J. Disclosure Statement J:\Planning\Caroline\Discretionary Permits\ PCS-05-0G PC Agenda Statement. doc ATTACHMENT A Locator Map LOCATOR MAP "T; o c =>- c:J' ~ FR FE! PROJECT LOCATOR ;EJ I lOCATION ~T I ~o, ~~~ H I r--fTTF::::J ;2' 6. ~ CO c1J11] OoJI BB ~ DO DO BB a DO 8 DO 0 DO 0 DO~ tBD o . ATTACHME NTA ATTACHMENT B Planning Commission Resolution . RESOLUTION NO. PCS-05-06 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE A TENT A TNE MAP TO DNIDE INTEREST IN 3.48 ACRES AT 307 ORANGE AVENUE FOR A ONE- LOT CONDOMINIUM CONTAINING 124 RESIDENTIAL UNITS - PREMIER COASTAL DEVELOPMENT. WHEREAS, on August 12, 2004, a duly verified application was filed with the City ofChula . Vista Planning and Building Department by Westone Management and subsequently superceded by Premier Coastal Development ("Applicant"), requesting approval of a Tentative Subdivision Map to convert 124 apartment units into individually owned condominiurns ("Project"); and, WHEREAS, the area ofland which is the subject rnatter ofthis Resolution herein consists of a 3.48-acre lot located 307 Orange Avenue ("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 proposed project qualifies for a Class 1 (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thu, no further environmental review or documentation 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 ofthe 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., February 14, 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 Commission having received certain evidence on February 14, 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-05-06 herein, and recommended that the City Council approve the Project based on certain terms and conditions; and, 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 the Planning Commission recommends the City Council grant the density bonus pursuant to Government Code 65915.5 and the associated incentives and agreement. BE IT FURTHER RESOLVED THAT the Planning Commission recommends that the City Council allow the deficiency of storage space pursuant to Chula Vista Municipal Code Section 15.56.020. 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 14th day of February, 2007, by the following vote, to-wit: AYES: NOES: ABSENT: Chairperson 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 AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO DIVIDE INTEREST IN 3.48 ACRES AT 307 ORANGE AVENUE FOR A ONE-LOT CONDOMINIUM CONTAINING 124 RESIDENTIAL UNITS PREMIER COASTAL DEVELOPMENT. I. RECITALS A. Project; Application for Discretionary Approval WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on August 12, 2004, with the City of Chula Vista Planning and Building Department by Westone Management and subsequently superceded by Premier Coastal Development ("Applicant"), requesting approval of a Tentative Subdivision Map to convert 124 apartment units into individually owned condominiums ("Project"); and B. Project Site WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented in Exhibit "A", 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. 05-06, Tentative Subdivision Map, and for the purpose of general description herein consists of3.48 acres located at 307 Orange Avenue ("Project Site"); and C. Prior Discretionary Approval and Recommendations WHEREAS, the development of the Project Site has received the following discretionary approvals and recommendations: I) Planning Commission recommendation of approval of PCS-05-6 Tentative Subdivision Map for a 124-unit condominium conversion on February 14, 2007; and 2) Design Review Committee approval of DRC-05-05 Site Plan on April 17, 2006; and, D. Planning Commission Record of Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on February 14, 2007, and after hearing staff's presentation and public testimony voted 0-0-0 to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and E. Council Record of Applications WHEREAS, the City Clerk set the time and place for the public hearing on the Project's tentative subdivision map application; and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its rnailing to property owners within 500 feet of the exterior boundary of the project and its mailing to the current tenants residing at 307 Orange Avenue, at least 10 days prior to the hearing; and 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 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 testirnony 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 February 14, 2007, and the minutes and Resolution resulting there ITorn, are hereby incorporated into the record ofthis proceeding. III. COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has detennined that the proposed project qualifies for a Class I (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus no further environmental review or documentation is necessary. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised their independent review and judgment and concurs with the Environmental Review Coordinator's determination that the Project qualifies for a Class 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 307 Orange Avenue, is in conformance with the elements of the City's General Plan, based on the following: 1. Land Use The site is part of the former Montgomery Specific Plan, annexed to the city in January 1986. As part of the County/City zoning translation prograrn, the property was designated High Density Residential (18-27 du/ac) in the General Plan, and zoned R-3, Apartment Residential. The 124-unit apartment complex was built on a 3 A8-acre parcel, which represent a development density of approxirnately 35 dulac. The density is a higher than permitted in the underlying zone district and the General Plan. However, pursuant to Chapter 19.64 of the CYMC, the existing apartment complex is a legal non-conforming use and may rernain in existence indefinitely, as long as the land use remains the same and is not altered. Resolution No. 2006- Although minor modifications are proposed to comply with the condominimn conversion requirements, the Project does not represent a change in land use. Section 19.64.060C of the CVMC allows the Planning Commission to approve modifications or enlargement of non-conforming uses when necessary and incidental to its use. The proposed changes are necessary to change the rental units to highly desirable individual ownership for entry level buyers. Based on the above, the proposed project, as conditioned, is in substantial conformance with the adopted General Plan, Zoning Ordinance and other applicable rules and regulation. 2. Circulation All off-site streets required to serve the subdivision currently exist. No street irnprovernents are required. 3. Housing The Project is generally consistent with the land use designation prescribed within the General Plan and provides attached condorriinimn units for individual ownership. The conversion of 124 apartrnent units to 124 condominimn units creates additional opportunities for residential ownership, including 41 units of onsite housing affordable for rnoderate income persons and families. 4. Open Space Pursuant to Govemment Code Section 65915.5, in exchange for the Project's providing 41 units of onsite moderate income affordable housing, the City will allow an open space deficiency of approximately 6,887 square feet. The Project includes existing on-site open space areas in the form of a swimming pool and recreational rooms, landscaped areas, and a tot lot for residents' use. 5. 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. The configuration, orientation and topography of the site allow for a feasible setting for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. C. The site is physically suited for residential development and the proposal conforms to all standards established by the City for such a project, including concessions for open space and parking requirements pursuant to Government Code Section 65915.5 and storage requirements pursuant to CVMC 15.56.070. D. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extend to the impact created by the proposed development. Resolution No. 2006- 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 MUICIPAL CODE Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership, the City Council finds that the project rneets the following: A. Fire Protection: The City Council concurs with the Fire Marshal determination that the project as conditioned will be in substantial conformance with current fire protection. standards. B. Uniform Building Code: City Council concurs with the Building Division of the Planning and Building Departrnent's determination that the "Property Condition Assessment Report" dated August 2003, prepared by JCDP/Huang Consulting Engineers, Inc, and the "Supplemental Property Condition Assessment" dated August 10,2005 (see Attachment H), prepared by LandAmerica Commercial Services adequately address cornpliance with the Building Code if applicable permits are submitted and approved and the recommended improvements set forth in the report are constructed or put in place. C. Storage: Section 15.56.020 requires rninimum storage area for each unit - 150 cubic feet per I-BR unit and 200 cubic feet per 2-BR unit. The 28 I-BR units and 40 of the 2-BR units are provided an excess of storage space; however, 56 of the 2-BR units are each deficient 17 cubic feet of storage space. A storage cupboard within a new carport is provided for each unit, in addition to some interior storage space. Per CVMC section 15.56.070, in considering tentative maps for condominium developrnent and evaluating the manner in which storage space is provided, the Planning Comrnission may recomrnend and the City Council rnay approve departures from the stated standards after review of each proposal. Departures shall be based on the merits of the individual project when good CaUse can be shown. Staff has analyzed the existing storage and proposed storage for the possibility of increasing storage capacity, and have determined it is not feasible to increase storage space beyond that which the project is adding. Convenient storage is proposed as cabinet space in each carport, in addition to some storage space in the dwelling units. As a condition of the Final Map the Applicant shall provide all storage dimensions to prove that the storage meets all minimum dimensioning requirements. D. Housing Code: The Project will be required to comply with housing inspection requirements. E. Protective Lighting Standards: Lighting for the facility shown on the site plan shall be in confonnance with Section 17.28.030 and 17.28.040 of the Municipal Code. The Project is required to provide lighting information at the time of submittal of building permits. F. Off-street parking: Section 19.62.050(13) requires 1.5 parking spaces for each one- bedroom unit and 2 parking spaces for each two-bedroom unit, for a total parking requirement of 234 spaces for this project. The project provides 191 parking spaces, including 124 carports, 62 open stalls, and 5 handicapped spaces. There is a shortfall of 43 parking spaces. Drive aisles are slightly less than the 25 feet width requirernent and the ratio of cornpact to regular parking spaces is higher than the City standard. Pursuant Resolution No. 2006- to Government Code Section 65915.5, in exchange for the Project's providing 41 units of onsite moderate income affordable housing, the City is allowing the above stated deficiencies in the parking area requirernents. G. Design Guidelines: Although no significant exterior structural changes are proposed to the existing project, the Applicant proposes to upgrade both the interior and exterior of the units, add community ameIlities, and refresh the landscaping. Exterior improvements as part of the proposed condomiIlium conversion include new paint and additional architectural detailing on the buildings, roof replacernent, installing a tot lot and play structure, repairing and replacing all driveways and walkways where needed, adding carports, and refreshing and supplementing the landscaping where needed. (Attachment F . is a complete list of the Applicant's proposed interior and exterior improvements.) Accordingly, the Applicant has applied for and obtained Design Review approval pursuant to CVMC Sections 19.14.582 (Design Review Committee, Duties and Responsibilities) and Section 19.14.420 (Site Plan and Architectural Approval - Purpose - Prerequisite for Certain Uses). H. Separate Service Meters: Each unit is individually rnetered for electric service. A Homeowners Association will be responsible for the water and gas utility rneters. The Applicant shall provide written evidence how this will be satisfied. 1. Housing Department Compliance Survey: The Project has completed a housing inspection, and will be required to perform all corrections listed in the Apartment Inspection Report prior to final inspection of a Condominium unit. J. CC&Rs: The Project is conditioned to provide evidence of declarations of covenants, conditions and restrictions in conjunction with the Final Map. K. Open Space: Common Open Space: CVMC Section 19.28.090 requires 400 square feet of common usable open space per one- or two-bedroom unit; therefore, the project must provide a rninirnum of 49,600 square feet of open space. The project provides 42,713 SF of open space, which is a deficiency of 6,887 SF. Pursuant to Government Code Section 65915.5, the City is allowing the deficiency of 6,887 square feet of open space in exchange for the guarantee of 41 onsite affordable units to persons or families of moderate income. VII. COMPLIANCE WITH GOVERNMENT CODE SECTIONS 66451.3 AND 66452.5 Noticing Documentation Government Code Sections 66451.3 and 66452.5 requires notification of a tenant's right to a public hearing. The City of Chula Vista provided notices to tcnants and surrounding property owners of all required public hearing for the Project, and the Applicant has satisfied the following noticing requirements at the tirne of submittal of the Tentative Map, which includes a 60-day "Notice of Intent to Convert", and a "Notice to Prospective Tenants of Intent to Convert". BE IT FURTHER RESOLVED that the City Council does hereby approve Tentative Subdivision Map, Chula Vista Tract No. 05-06 as represented in Exhibit "B" subject to the general and special conditions set forth below. Resolution No. 2006- VIII. GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project The Applicant, or hislher successors in interest, shall irnprove the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 05-06, 307 Orange Avenue. B. Design Consistency The Applicant shall develop the condominium units in accordance with all applicable City of Chula Vista Design Guidelines and complying with any conditions required by the Design Review Committee associated with DRC 05-05. IX. SPECIAL CONDITIONS OF APPROVAL A. The conditions herein imposed on the tentative map approval or other entitlement herein contained is approximately proportional both to nature and extent of impact created by the proposed development. Unless otherwise specified, all conditions and code requirements listed below and in Attachment "F" shall be fully completed by the applicant or successor-in- interest to the City's satisfaction prior to approval ofthe Final Map: GENERAL / PLANNING AND BUILDING 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Applicant as to any or all of the property. 2. Applicant and hislher successors in interest shall cornply, rernain in cornpliance and irnplement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Subdivision Map and as recommended for approval by the Planning Commission on February 14, 2007, and DRC 05-05 on April 17, 2006. 3. Applicant shall coordinate with the City of Chula Vista Planning and Community Development divisions to schedule a meeting with the current tenants to present alternative rental housing opportunities and assistance in relocation in conjunction with the presentation of the schedule for the phasing of the conversion of the apartments to condominiums. 4. A week after the tentative rnap is approved, the Applicant shall cornply with all applicable noticing requirements set forth in Government Code Section 66427.l. Applicant shall submit evidence to the Director of Planning and Building that the following City of Chula Vista noticing forms have been delivered to the existing and prospective tenants per Section 66427.1 of the Subdivision Act or a schedule detailing required future notifications: a. 10-day notice to all existing tenants of an application of a Public Report - "Form C" (If submitted to State Department of Real Estate prior to Final Map approval). b. 1 O-day Notice to all existing tenants of Final Map approval- "Form D". Resolution No. 2006- c. Notice to all prospective tenants of option to purchase/termination of tenancy - "Form E. d. 90-day Notice to all existing tenants of option to purchase/termination of tenancy - "Fonn F". e. l80-day notice to all existing tenants of intent to convert/termination of tenancy - "Form G". 5. The Applicant shall obtain a construction permit to perform any work in the City's right of way, which rnay include but is not limited to: a) Driveway approach per Chula Vista Design Standards; b) Replacement of broken curb, gutter, and sidewalk where applicable; c) Sewer lateral installation 6. Submit plans and information to the satisfaction of the Fire Marshal that proposed condominium units meet current California Fire Code, including but not limited to fIre hydrants, fire access, water supply, sprinkler systems, and fire alarms. 7. A cornposite lighting plan shall be submitted and approved to the satisfaction of the Planning & Building Department and Chula Vista Police Department (CVPD) prior to issuance of the first building permit. Lighting should be provided at entries, driveways and parking lots. Please iridic ate the location and style of lighting on lighting plans and elevations. Lighting shall be shielded to rninimize spillover onto adjacent properties. 8. Electrical/mechanical driveway gates must be provided with a Knox key entrance operation and Opticon system to the satisfaction ofthe City Fire Marshall. 9. All existing utilities serving the subject property and existing utilities located within or adjacent to and serving the subject property shall be placed underground in accordance with Section 15.32 of the Chula Vista Municipal Code. Furthermore, all new utilities serving the subject property shall be placed underground prior to the issuance of building permits. 10. Any and all agreements that the Applicant is required to enter into hereunder shall be in a form approved by the City Attorney. 11. Applicant shall comply with the requirements of the City's approved "Recycling and Solid Waste Managernent 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 developrnents. The Applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. The plan shall incorporate any trash enclosure re-design required for compliance with the City's NPDES permit. Resolution No. 2006- 12. Submit building plans and required fees per the following Building Division requirements: a. Building permits are required per 2001 CA Building Code (CBC), CA Mechanical Code, CA Plurnbing Code, and CA Handicapped Accessibility requirements, 2004 CA Electrical Code, and 2005 CA Energy Code. b. Indicate any proposed rnodifications to correct code violations as noted by Code Enforcement Division. 13. Prior to issuance of building permits, Applicant shall submit for review and approval of the City's Landscape PlaIll1er an exterior lighting plan that includes detailed information on the proposed fixtures, which shall be commercial grade quality. The Plan should implement the lighting concept stated on the approved landscape concept plan. The lighting plan shall include details showing that the proposed lighting shall be shielded to remove any glare to adjacent properties. 14. Provide a detailed Planting and Irrigation Plan prepared by a licensed landscape architect for review and approval with the building permit submittal, per Landscape Manual and CVMC requirements. All landscape work is to be completed prior to issuance of certificates of occupancy. The detailed landscape plans shall include the following: a. Details of the play structure in the tot lot area, which shall be commercial grade quality. b. Show the location, and show landscape screening rrom public view, for all proposed lighting fixtures, fire hydrants, transformers, backflow valves, and other utilities on the detailed landscape plan. c. Identify storm water management measures, if any are proposed, on the detailed landscape plan. d. Planting shall not obstruct the visibility at the driveway entrance. 15. Provide a surety guarantee bond with the landscape plans for all landscape improvements, which will include all irrigation work. 16. Plans submitted for building permits shall include the following: a). Ground-mounted equipment including heating, air conditioning, utility boxes, and backflow valves that will not be constructed in utility enclosures will be required to be screened with a combination of landscaping, walls or berms. b). A roof design plan showing that all roof equipment has been screened from adjacent off-site residential uses and public areas with parapet walls. c) Carport structure plans with details and specifications. Resolution No. 2006- 17. So as to ensure compliance with Section 17.24.040 and 17.24.050 of the Chula Vista Municipal Code, Applicant shall show that walls and ceilings meet the current Gypsum Association Fire Resistance Design Manual standards regarding fire and sound attenuation. All separating floor-ceiling assernblies between separate units shall provide impact sound insulation equal to that required to meet an irnpact insulation class (UC) of fifty (50.) If said walls and ceiling do not meet said standards, then the walls and ceiling shall be rnodified to confonn to the Gypsum Association Fire Resistance Design Manual standards to the satisfaction of the City Building Official and Director of Planning and . Building. 18. Prior to issuance of building pennits, provide infonnation on new hot water heating facilities to meet the approval of the City Building official with regard to capacity, size, and location. 19. Submit a phasing plan indicating how portions of the site can be sold and occupied during construction activity. 20. Any onsite sales or leasing office shall obtain a Conditional Use Pennit. 21. Submit to City staff for approval additional details on implementation of the homebuyer assistance and tenant relocation programs, such as the time frame for meetings and distribution of relocation assistance, tenant eligibility requirements for the programs, etc,. and submit evidence satisfactory to the Director of Planning and Building that the Applicant has complied with the approved homebuyer assistance program requirernents for existing residents who choose to purchase their condominium units and for renters who choose to relocate. DRAINAGEINPDES 22. All onsite drainage facilities shall be private except for stann drain facilities located within the existing drainage easement granted to the County of San Diego recorded August 22,1985 as file no. 85-304816 of official records. 23. Paved access capable of withstanding H-20 wheel loading shall be provided to all public stonn drain rnanholes within the site. 24. The existing public 36-inch and 42-inch RCP stonn drain pipes shall be relined based on the City Engineer's requirement due to cracks and significant infiltration within the stonn drain pipes. 25. Applicant shall prepare and submit a Water Quality Teclmical Report describing structural and non-structural Best Management Practices (BMPs) that will be irnplemented to prevent discharge of pollutants from the project site to public stonn drainage systerns, to the satisfaction ofthe City Engineer. Resolution No. 2006- 26. Intercept runoff from the project site and pre-treat said runoff prior to discharge to the city's sto= water conveyance system. Identity proposed best rnanagernent practices ("BMFs") to be used to treat sto= water runoff from the site as part of the project's Water Quality Technical Report. Said BMF facilities shall be inspected and approved by the City's Sto=water Inspector prior to final map approval. 27. Pe=anent sto= water BMF requirernents shall be incorporated into the project design, and shall be shown on the plans. Any construction and non-structural BMP requirernents that cannot be shown graphically must be either noted or stapled on the plans. Any proposed changes that impact landscaped or open space areas must be reviewed and approved by the City's Landscape Planner. 28. Any proposed changes that impact landscaped or open space areas must be reviewed and approved by the City's Landscape Planner. 29. Fully irnplement NPDES best rnanagement practices ("BMPs") contained in the Water Quality Technical Report. SEWER 30. The onsite sewer system shall be private. All sewer laterals shall be privately maintained from each building and/or condominium unit to the City maintained public sewer main within Orange Avenue. 31. The Developer/Owner shall establish a horneowners association to fund and oversee a contract for the rnaintenance of the onsite private sewer system. The frequency of rnaintenance of the sewer system shall be contained in the provisions of the Covenants, Conditions & Restrictions (CC&Rs). The City Engineer and Director of Public Works shall approve the provisions ofthe CC&Rs regarding the onsite private sewer system. 32. The Developer/Owner shall install a sewer manhole at the point of connection to the City sewer main for the sewer lateral east of the public storm drain pipe that runs north to south between the two-story stucco building and one-story stucco building/pool facility. The sewer lateral historically has problems due to the slope ofthe pipe. STREETS 33. The driveway within the development shall be private. 34. Rernove and replace all driveways along the project frontage for compliance with ADA pedestrian access route requirements. Said work shall be done under a Chula Vista construction pe=it using Chula Vista Construction Standard CVCS-IA for driveways. Driveway replacement shall be guaranteed prior to recordation of the final map. Safe sight distances shall be maintained in and around entrances and drives. . Resolution No. 2006- CC&RS 35. Subrnit Covenants, Conditions and Restrictions ("CC&Rs") as approved by the City Attorney to the City Engineer, Director of Planning and Building, and Director of Public Works, for approval. Said CC&Rs shall include the following: a. The creation of a Homeowner's Association ("HOA"), which shall, among other things, be responsible for maintaining all common facilities within the Project including, but not limited to: walls, fences, water fountains, lighting structures, fire sprinklers and alarm systems, paths, trails, access roads, drainage structures, water treatment facilities, recreational amenities and structures, landscaping, trees, streets, . parking lots, driveways, and private sewage and stonn drain systems. b. A listing of all rnaintained private facilities. c. Language stating that the landscaping shall be maintained by the HOA in a healthy and thriving condition at all times. d. Language that indemnifies and holds hannless the City from any clairns, demands, causes of action liability or loss, including claims arising from the maintenance activities of the HOA, including but not limited to private sewer spillage. e. The City's right but not the obligation to enforce CC&Rs. f. An insurance provision requiring the HOA to maintain a policy of comprehensive general liability insurance written on a per-occurrence basis in an amount not less than one million dollars ($1,000,000) combined single lirnit. The policy shall be acceptable to the City and name the City as additional insured. g. The City must approve any revisions to provisions of the CC&Rs that may particularly affect the City. Furthennore, the HOA shall not seek approval from the City of said revisions without the prior consent of one-hundred percent (100%) of the holders of first mortgages and one-hundred percent (100%) of the property owners - unless the Director of Planning and Building waives this requirernent. h. The HOA shall not seek to be released by the City of any rnaintenance obligations without the prior consent of the City and one-hundred percent (100%) of the holders of first mortgages and one-hundred percent (100%) of the property owners - unless the Director of Planning and Building waives this requirement. 1. Implement an education and enforcement program to prevent the discharge of pollutants frorn all on-site sources into the stonn water conveyance systern. J. The HOA shall maintain, in perpetuity, membership in an advance notice service/systern such as the USA Dig Alert Service and shall cause any private facilities of the property owners or HOA to be marked out whenever work is perfonned in the area. . Resolution No. 2006- k. The CC&Rs shall include NPDES provlSlons for the perpetual and routine maintenance of structural BMPs, private sewer and storm drain facilities for the purpose of preventing and in such a rnanner as to prevent the discharge of non-storm water pollutants to the public storm water conveyance system. The CC&Rs shall include the requirement to rnaintain records for the past 10 years of BMP irnplementation, inspections, and rnaintenance activities. 1. The HOA shall fund and oversee a contract for the maintenance of the onsite private sewer system. The frequency ofrnaintenance of the sewer system shall be contained. in the provisions of the Codes, Covenants and Restrictions, which shall be subject to the approval of the City Engineer and the Director of Public Works. m. Trash and Recycling program requirements shall be incorporated into the project CC&Rs to the satisfaction of the City's Conservation Coordinator. n. Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and shall be recorded concurrently with the final map. o. Fire service lateral and water supply to buildings, including the on-site fire hydrants, must be maintained and operational at all times to the satisfaction of the Fire Marshal. 36. Subrnit a Homeowners Association budget for review and approval by the City Engineer for the rnaintenance of private streets and drives, storm drains, and sewage systems. More specifically, said budget shall include the following provisions and maintenance activities: a. Streets must be sealed every 7 years and overlaid every 20 years b. Sewers must be cleaned once a year with the contingency for emergencies c. Red curbs/striping must be painted once every three years. d. The Homeowners Association shall be responsible for service utilities including water, gas, and sewer, and the billing and payment ofthese utility costs. e. Storm Water quality facilities inspected prior to and after every rain event and cleaned as necessary (twice a year minimurn); media inserts replaced as recommended by the manufacturer; with a contingency for ernergencies. The budget shall also include a monitoring program including sampling and preparation of an annual report, when required by the City. f. Per the Physical Elements Report's recommended repairs within the five-year time frame, establishment of a capital fund that will adequately cover the expected costs associated with repairing or replacing the Project/complex's electrical system and plurnbing system. Resolution No. 2006- EASEMENTS 37. All existing easements and irrevocable offers of dedication shall be shown on the Final Map. A title report dated within 60 days of submittal of the Final Map shall be submitted together with backing documents for all existing public utility easements and offers of dedication. Applicant shall submit evidence of noticing to all existing public utility easement holders within the project boundaries as required by the Section 66436 of the Subdivision Map Act. AGREEMENTS 38. Payoff any unpaid balance for the 307 Orange Avenue Tentative Map Deposit account # DQlI05 and Project account CA301. 39. Applicant shall enter into an approved Affordable Housing Agreement. Applicant and his/her successors in interest shall comply, remain in compliance and implement, the terms, conditions and provisions, to the property with regard to the Affordable Housing Agreernent to provide 41 units of onsite affordable housing for persons or families of moderate income. 40. Applicant shall enter into an agreement wherein the Applicant agrees to: a. Defend, indemnify and hold harmless the City and its agents, officers, and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. b. Hold the City harmless from any liability for erosion, siltation or increased flow of drainage resulting from this project and spillage of sewage generated by the project onto adjacent public or private streets or into offsite storm water conveyance systems. c. Maintain storm water quality treatment measures in accordance with an approved maintenance and inspection plan. d. Irnplement and sustain in perpetuity, a source control storm water quality management program as outlined in the Water Quality Technical Report. Signature of Property Owner Date Signature of Representative Date . Resolution No. 2006- MISCELLANEOUS 40. Tie the boundary ofthe subdivision to the California System-Zone VI (NAD '83). 41. Submit copies of the Final Map in a digital format such as (DXF) graphic file prior to approval of the Final Map. Provide cornputer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate prior to the approval of the Final Map. 42. Subrnit a conformed copy of a recorded tax certificate covering the property prior to approval ofthe Final Map. 43. 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 rnap. B. The following Conditions of Approval shall be satisfied prior to Final Inspection unless otherwise noted: 1. For any condominium unit in a structure containing rnultip1e condominium units, correct California Health and Safety Code and Uniform Housing Code violations specified in Attachment C and any other violations identified by the Housing Inspection, to the satisfaction ofthe Director of Planning and Building. 2. For any condominium unit in a structure containing rnultiple condominium units, install the interior upgrades and improvements specified in Attachment F to the satisfaction of the Director of Planning and Building. 3. Prior to issuance of building permits, per the Physical Elernent's Report and Applicant's designating replacement of hot water heating facilities, provide information on new hot water heating facilities to meet the approval of the City Building official with regard to capacity, size, and location. 4. For any condominium unit in a structure containing rnultiple condominium units, the Project's exterior upgrades for that structure shall be constructed in accordance with the approved DRC-05-05 design review permit. S. For any condominium umt in a structure containing multiple condominium units, provide in that structure type 2A-l0BC fire extinguishers every 75 feet of travel distance, and smoke detectors for each lmit, to the satisfaction of the Chula Vista Fire Department. 6. All lighting shall meet the protective current lighting standards of the current Uniform Building Code. 7. Any required modifications to separation walls and ceilings shall be done to the satisfaction ofthe City's Building Official and Fire Marshal. Resolution No. 2006- 8. Subrnit evidence satisfactory to the Director of Planning and Building that the Applicant has complied with the approved homebuyer assistance program requirements for existing residents who choose to purchase their condorninium units and for renters who choose to relocate. 9. Submit and obtain approval of a sign permit. X. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or rnodify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. XI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or rnore terms, provision, or conditions are determined by a Court of cornpetent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: ]irn Sandoval Director of Planning & Building Ann Moore City Attorney J:IPlanning\CarolinelDescretionary PennitsIPCS-OS-06 CC Reso.doc ATTACHMENT D Plan Sheets ~~ r~ S<~ ~ /" /' / / >-3 ~ (") >- at-< '<JlJ1 \j'~~~ ~~ Q l>J 0 II VI~ ~ t':! ~~!;:1 II f.~ >- >-3 ;~~--fl-r?)- 11;;1 ~ ~ ~ II ~ ~ ~ III~ "'0 2: o "'1 ~~ ~ @2 ~ ~~ ~ S< ". \ \ . / . ". .",,'0" \ I J a>/ / / /' " ~ . ~ q --~ / r'\J " " . . 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CO en tn .a . 0 III r- . 0 m CII C N3H~~I)I m ;:a . ... 0 0 ;;: []] r- S z G) go 51 25 z G) ;:a o o i5: o r- o en m ... III m c ;:a o o i5: ::: . ATTACHMENT E Noticing Documentation DEC-~5-200~ 12:08 PM ORANGE GLEN APARTMENTS 619 426 7346 .' - -- Notice to Tenants of Intention to Convert to Condomlniumlli Government Codes 66451.3 &. 66452.5 The OWn~rs of the buildings located at 307 Orange Avenue, Chula Vista California Intend to file an application with the City or (hula VIsta ~o convert the apartment rental Units to Condominium units. You will be glv8r1 notice of each public hearing for which notice is required pursuant to seerlons 66451.3 and 66452.5 of the Government Code. YOll have the right to appear and the right to be heard at OIilY such hearing, September 1st, 2003 I have receIved this notice dated 0 c;, () ( To'S Proopective tenants signature ~I'~//" 41:..- -'C:z-- . P.04. ...... . . -, ..- September 1, 2003 Prospective Resident Orange Glen Apartments Dear Prospective Resident: The Owners of the buildings located at 307 Orange Avenue, Chula Vista Califomia intend to file an application with the City of Chula Vista to convert the Apartment Rental Units to Condominium Units. You will be given notice of each public hearing fDr which notice is required pursuallt to sections 66451.3 and 66452.5 of tI1e Government Code. You have the right to appear and the right to be heard at any such hearing. ConAm Management orporation, Agent for Owner K/ C/.hs ...1. Address: 301: Oml"lqeAve #-1 Signed: Date: 4/.;;2 L / ()u, Signed: (//"/11 !,..J'I'"!AJ,\..lYv-f tWH'-- Print name; )f-I1HH[)/tNcrC'1?. k/-Ht1IJ Address: 30'1 OrcA-....q"f" Ave #/ Signed: Print name: Print name: Address: Address: ATTACHMENT F List of Improvements, Repairs, and Upgrades EXTERIOR AND INTERIOR IMPROVEMENTS, REPAIRS, AND UPGRADES FOR CONDOMINIUM CONVERSION AT 307 ORANGE AVENUE PCS-OS-06 AND DRC-05-0S The following requirements have been derived from the project's Physical Element Report and Supplemental, information provided by the Applicant, and Staff reviews of submittal materials. Note that the following may require Design Review or building permit approval: A. Property Condition Assessment Report - Repairs req uired prior to building occupancy. 1. Previously required repairs from the Housing Inspection have been complied with; no repairs are required at this time. B. Physical Elements Report - Immediate Repair or Replacement items, which are improvements required prior to Final Inspection or Occupancy of applicable Condominium Units, whichever occurs first, unless stated otherwise: 1. Correct alligatoring and cracking on asphalt pavement in the entry driveway gate area. 2. Thoroughly examine the irrigation systems and make the necessary repairs and adjustments to assure the proper spraying of irrigation water. 3. Repair main waste line (sanitary sewer line) located at Building A2 that has a negative flow from the building to the street. 4. Inspect fire alarm paneis and update tags. 5. Install hard wired smoke detectors in all bedrooms. 6. Install 5/8" drywall (Type X) on all common walls and ceilings along with installation of draft stops above all common walls in the roof attics to be compliant with a one-hour fire rating. 7. Repair or replace leaning / damaged fencing along west side of property. Source: Physical Elements Report (August, 2003 by JCEP/Huang Consulting Engineers, Inc.) and the Supplemental Property Condition Assessment (August 10, 2005 by LandAmerica.) C. Improvements or Repairs from Information Provided by the Applicant 1. Removal of non-operational roof-mounted solar panels and solar hot water tanks. 2. Install new roofs on all buildings. 3. Install gutters and downspouts on all buildings. 4. All items listed in attached letter from Applicant dated April 5, 2006. A Tf f\LtttreN1 -p- H:\PDATA\251 01318\Admin\Task 8 - 307 Orange Av (PCS 05-06)\DRC hearing 4-17-06\4-17 List Improvements & Repairs.doc AprilS, 2006 City of ChuIa Vista Planning Department 476 Fourth Ave Chula Vista, CA 91910 Attention: Danielle Putnam, Contract Planner RE: Application DRC-05-05 and PCS-05-06 Tentative Map for Condominium Conversion at 307 Orange Ave Dear Ms. Putnam: Please fInd below a list of our proposed upgrades that will be made to the subject property, covering both the individual condominium units and the development's exterior items. Please note that while we are confIdent about the scope and specification of work, the manufacturer's specifications are preliminary and may change due to manufacturer/product availability. However, any item changes are anticipated to be for a product of similar quality, style, and color. General Interior Improvements to All Units: · Replace all air conditioners . Fabricate casing around air conditioning units . Add chandelier light in nook . Install 1.5' x 4' ceiling mount fluorescent light in kitchen . Add ceiling fans to bedrooms . Replace fan box in bathrooms . Raise light bars in bathrooms to 84" in height . Install dimmer switches light bars . Raise shower heads in bathrooms to 80" in height . Replace all tnb and shower valves . RefInish all existing tub and shower enclosures . Install new shower doors · Add Johnny cabinets . Replace all medicine cabinets · Tile all bathroom floors . Install Melamine shelves (with chrome pole and cleat) iu. all closets L . Install voice and data lines in living rooms and bedrooms as shown on electrical plan . Install washer and dryer hook ups and install ventilation fans in all storage closets located off nook · Finish window seats with sill and apron in master suites . Install all new electric appliances. Improvements to 1 BR 11BA Units (#100 as an example) . Dining bar area in unit will have either 2 pendant lights or 2 - 4" cans over dining bar . Remove existing lighting (ceiling mount) from nook area . Create arch opening to kitchen . Maintain voice and data cable location in LR . Install voice and data location in BR . Create arch opening to hallway from living room . Locate lighting over vanity in bathroom, 84" up from floor . Create 59" banjo sink top element around toilet . Install washer/dryer at existing linen closet. Fabricate additional storage . Frame washer/dryer closet opening to install panel door . Replace existing vanity in master bedroom . Replace the vanity light bar for a ceiling flush mounted fixture . Shift entry into the MBR closet to the right, where existing vanity is currently located . Vanity cabinet to be 27" due to existing plumbing placement Improvements to 2BR 12 BA First Floor Units ( Unit #31 as an example) . Change layout of kitchen to minimize dishwasher plumbing through cabiuetry . Install corner wall cabinets with glass on either side of the kitchen window . Relocate nook light to center of dining area and install a chandelier . Create arch opening to nook . Install 1.5' x 4' ceiling mounted fluorescent lighting . Remove the split linen closet iu hall to expand living room and create a full height niche .J. . Create arch niche opening in Living Room . Install data cable in Living Room niche area . Install voice data cable in MBR on entry door wall . Install light in storage closets above air conditioners . Utilize portions ofMBR closet to create stackable Washer / Dryer closet with panel door . Install shelves over the Johnny cabinets in bathrooms . Install in Master Bath 39" vanity combination cabinets with bank of drawers to the left of sink base . Install in secondary bathrooms 39" vanities with drawers to the right of the sink base Improvements to 2BR /2 BA Second Floor Units . Upgrades to be same as for ground floor units Improvements to 2 BR!2 BA (#86 as an example) . Install exterior wall mounted light for entryway . Install switch for new entryway light . Relocate voice/data cable in Living Room to entry wall 60" from the front door . Install 2 pendant lights or 2- 4" cans over dining bar . Cancel flush mount light in nook/dining space . Make kitchen ceiling 96" H with 1.5' x 4' fluorescent . Reframe closet to accommodate 8' wide mirrored doors . Entry wall niche arch top and put a 12" deep base cabinet with granite top . Install 36" vanity base in bathrooms . Add shelves over the Johnny cabinet . Install framed mirror over vanity . 3. Exterior Desi!?:n Improvements: . New entry gate designs to existing entrances (CAD drawings enclosed) . Add a new monument . Add a Tot lot in the front lawn area of property . Create a private terrace off of second story master bedroom (example unit 86) . . Add a wall 84" in height and 50" in length. This height avoids the roofline. The wall separates the master terrace from the entry into the adjacent unit. Add 5'W French doors off master . Install wall caps where needed on exposed wall tops on the new upper balcony walls . Add iron detalls to street facing buildings (CAD details enclosed) . Remove flood lights from entry sides of buildings . Add an entry wall mount light Iuture to each condominium entry except where there are ceiling mount Iutures . Add foam details to entry doors and designated windows (design details enclosed) . Add shutters to designated windows . Remove trees with large roots that lift the concrete walkways and those trees close to the foundation walls . Concrete lightweight tile roof . . Replace iron railings (detail enclosed) . Use existing rental office space to incorporate a gym . Convert existing laundry facility into club house . Landscape design done by Architect . Add large wall mounts to front of buildings on street side at each end (as shown on exterior elevations) . Remove flood light from center of building Exterior Desi2ll Improvements: Pool Area . Resurface deck with deck coating . New patio furniture . Add exterior lighting . Add BBQ's to pool area . Remove wooden benches from trellis area . Furniture 4 umbrella tables 16 chairs 4 umbrellas 12 lounge chairs 6 side tables .:I Exterior Paint Colors: Dunn Edwards Paint (or similar color by other manufacturer) Color # Placement: 1. Pale Beach DE6199 Stucco-Tan 2. Wooden Peg DE6215 Stucco-Brown 3. Briar DEC712 Entry doors/railings 4. Olive Court DEA174 Foam Details, Shutters, Roofline Fascia, Stringers, Metal Stairs The building walls will be labeled with tape prior to painting the exterior. This will provide exact placement of color on the exteriors. Exterior Details: Mailboxes: Salsbury Industries Bronze Finish Vertical Recessed Units Irou Work: Details enclosed Tiger Drylac Powder Coat Paint Color: RAL 8016 www.tigerdrvlac.com Roof: Eagle Roofing Products Ponderosa Lightweight concrete tile Product #5634 Kings Canyon Blend Roofline Gutters: RGS Aluminum Gutter Clay If desired, we suggest painting: Olive Court DEA174 . _ 2_ Wall Downspout Gutters: Shutters: Foam Detail: Siding Details: Windows: Carpentry Entry Door: Address Font: House Numbers House Numbers: Door Hardware Exterior Entry Door Handle: RGS Aluminum Gutter Clay KG Design & Build, Inc. Spaced; Style Code B2 Spaced 16 Yz" width Order in: Paint Ready #30 Paint: Olive Court #DEAI74 Details enclosed Frame with Plywood & 2" x 2"'s per CAD drawing. Vinyl Milgard Retrofit Color: Sandstone TM Cobb Classic-Craft Rustic Fiberglass CCR 8205 Baldwin Archetypes 010 Craftsman Dark Bronze Refmed App'lications Bronze Emtek Arts & Crafts Handleset Oil-Rubbed Bronze . 6 Li!!hun!! Exterior Lighting Large Wall Mount- Hinkley Lighting Common Area Lighting: Westwater Collection 2495 CB Copper Bronze Finish wi Clear Seedy & Tiffany Pattern Glass l1"W x 15"H x 10 Y."E 9 W' top to outlet (3) 40W Candelabra Entry Wall Mount: Hinkley Lighting Westwater Collection 2490 CB Copper Bronze Finish wi Clear Seedy & Tiffany Pattern Glass 8 W'W x 13"H x 8 W'E 8" top to outlet (2) 40W Candelabra Patio Ceiling Mount: Hinkley Lighting Westwater Collection 2499 CB Copper Bronze Finish w/ Clear Seedy & Tiffany Pattern Glass 7 W'H x 13 Y."D (3) 40W Candelabra Patio Wall Mount: Hinkley Lighting Westwater Collection 2498 CBCopper Bronze Finish w/ Clear Seedy & Tiffany Pattern Glass 7"W x 8 Yz"H x 6 W'E 4 y." top to outlet (1) 60W med. 3/31/06 7 307 Orange Avenue Chula Vista, CA 91911 Scanned Images of Specs Roof: Eagle's Ponderosa Roofing; Lightweight Concrete Tile King's Canyon Blend Mailboxes: Vertical Mailbox in Bronze Finish 3 , Shutters: ii?- Board-N-Batten Spaced Panel B2 Shutter Entry Doors: TM Cobb Classic Craft CCR 8205 Entry Door . 9 Hardware: Exterior Entry Door Handle Arts & Crafts Handleset Collection; Oil-Rubbed Bro=e 10 Exterior Lighting: Hinkley Lighting; Westwater Collection Large Wall Mount; Cornman Areas Copper Bronze Finish w/Clear Seedy & Tiffany Style Glass Entry Wall Mount Copper Bronze Finish w/Clear Seedy & Tiffany Style Glass . _ I.L Exterior Lighting: Hinkley Lighting; Westwater Collection .. Patio Ceiling Mount Copper Bronze Finish w/Clear Seedy & Tiffany Style Glass Patio Wall Mount Copper Bronze Finish w/Clear Seedy & Tiffany Style Glass . 17 ATTACHMENT G Homebuyer & Renter Assistance Program May 3. 2006 City of Chub Vista PI arming Department 476 Fourth Ave Chula Vista, CA 91910 Attention: Danielle Putnam, Contract Planner RE: Application DRC-05-05 and PCS-05-06 Tentative Map for Condominium Conversion at 307 Orange Ave - Homebllyer and Tenant Relocation Assistance Dear Ms. Putnam: In response to the request from tbe Planning Depanmem, the following outlines a program that \',111 be implemented to assist the teliants with potential condominium purchase or relocation: A meeting/workshop wi11 be organized to include aJJ t~nants. a t~preseIltati ve from the property management company. ,{ representative of a mortgage brok~r and representatives from the developer within Seven (7)duys' of the approved Tentative Map. We also be.lieve that the City of Chula Vista would like, to have a represenIntiv~ present. The following items will be discussed: A. IIlforrnation on the conversion of the project and the future of their tenancy. B. Assistance for tenants who wish to purchase their units 1. A rnortgage broker wilJ be present to help those who wish to purchase their unit. 2. The broker wiJJ hold an on-site workshop on how tenants can pre"qualify for a mortgage and become bOineoWhers 3. The developer will offer to any interested tenant a $5,000 discount towards the purchase of their nnit and aS3istance \~'ith information on Community Housing Works, a non-profit organizatio.n that assists first-time homebpyers by providing access to speciiD loan and grant programs available througb state and local government. The discount will be offered only for those tel)anls who purchase a unit at the 307 Orange A venu", project. c. Assistance for tenants who choose to relocate: 1. The applicant wil1 assist with the relocation of those tenants ~ho prefer not to purchase their units by providing $500 for relocation and moving assistance, their fun security deposit back, and a referral list of affordable housing that is generated by the Community Development Department. lD1UTurQ"i" Sl Suite ZaG' San Diegn,[H mGS . te11!5B/21413GG . [,a 85Bi174.21Z6 . 8lliw.PramierlnffiJ1lUnitie5.tOm 2. Assista11ce in locating replacernent housing will be offered by the property management company who will designate a representative to help tenants secure rental housing. 3. Any tenants moving in after approval of the Tentative Map by City Council will be on a month-to-month lease and as the work progresses, reduced monthly rents win be provided. Sincerely. (21-~k~ Christopher Duggan Premier Coastal DeveJopment 2 . ATTACHMENT H Property Condition Assessment Report-Executive Summary Project No. 08-C-01809 Augus~ 2003 REPORT Property Condition Assessment Orange Glen Apartments 307 Orange Avenue Shula Vista, San Diego County, California 91911 Prepared For MALCOLM, DAVID & DARMOR DARMOR, DBA, O&A C/o Westone Management Consultants 710 Camino de la Reina Suite 129 San Diego, California 92108-3216 . Attention: Mr. Joseph Scarlatti Prepared By JCEPlHuang Consulting Engineers, Inc. 217 Via Lara Dos Vientos Ranch, California 91320 . A 1fAUtt'l'f,N\ t\ 1.0 EXECUTIVE SUMMARY 1.1 General Description JCEPIHuang completed a property condition assessment (PCA) of a multi- dwelling complex known as Orange Glen Apartments located at 307 Orange Avenue, Shula Vista, San Diego County, California 91911at the request of Joseph Scarlatti of West one Management Consultants. As part of the PCA, an on-site walk through observation was made .on August 20, 2003 with Lindsay Erickson of Westone Management Consultants, and Luis Sarinana, Resident Manager of the Apartments. The subject property contains 124 dwelling units scattered in 7 two-story, wood framed, rectangular-shaped garden type apartment buildings. A brief description of the dwelling units is as follows: 1; Unit Tvoe I No. of Units Size of Unit I Total Area 2 BD/2 BA 56 785 s.f. 43,960 s.f. .RD/1Y:.BA 40 760 s.f. 30,400 s.f. lBD/1 BA 28 540 s.f. 15,120 s.f. Total 124 89,480 s.f. Additionally, the subject dwelling complex also provides 193 surfaced parking spaces (including 4 handicap parking stalls), a leasing office building, a laundry room, a swirnmirig pool, and associated hardscape and landscape. Construction drawings were not available for JCEPIHuang's review. Reportedly, the subject property was developed in 1985 on an irregularly shaped suburban lot of an approximated 3.46 acres in the City of Shula Vista, San Diego County, California. Heating and cooling of the dwelling units are provided by individual e1ectricity- powered AlC units. Domestic hot water for the apartments is provided by a centralized solar and gas-fired hot water heating unit supported in the utility closet of each apartment building. Each dwelling unit is furnished with an electric range/oven, refrigerator, hood and garbage disposal. All two-bedroom units are also equipped with dishwashers. The electric distribution panels and individual electric rneters are housed in the utility closet of each building. Gas meters are hung on the exterior walls of buildings near the ground. Smoke detectors are available for the apartments, and the public areas of the buildings are 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. 4. 1.2 General Physical Condition Management of the apartments advised that seal-co~g and restriping of the asphalt pavement were completed about 1 Y, years ago. The swimming pool was resurfaced in 2001. And the apartment buildings were repainted in 2002. The subject property appears adequately maintained and in overall good condition with some defects noted. Components of the buildings 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 rnonths) Deferred maintenance and physical deficiencies for which actions are recom- mended represent potentially unsafe conditions, material code violations, and iterns 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: . Alligatoring and cracking on the asphalt pavement in the entry driveway gate area were noted (see photo #15 and #16). This condition should be corrected immediately before it deteriorated into a potential tripping hazard for pedestrians. ESTIMATED COST: $8,000.00 . Thoroughly examine the irrigation systems (see photo #23). Make necessary repairs and adjustments to assure the proper spraying of the irrigation water. ESTIMATED COST: $ 800.00 1.4 Recommended Short Term and Intermediate Term Repairs (between 1 to 5 years) . Due to aging, it is expected that the following equipment will need to be replaced. . s 1. Five (5) AlC units each year ESTIMATED COST: $700/each 2. One (1) hot water heater each year. ESTIMATED COST: $500/each 3. Five (5) refrigerators each year. ESTIMATED COST: $500/each 4. Five (5) dishwashers each year. ESTIMATED COST: $450/each 5. Five stoves/range each year. ESTIMATED COST: $400/each . Pitched roofing system has a useful life span of between 20 and 25 years. The Apartments was developed in 1985. Reroofing of the buildings will become necessary soon. ESTIMATED COST: $2.50/s.f. We understand that the owner of the property has a renovation program to up- grade the property. The program will be carried-out within the next two to three years, and it includes: 1. Repair/replacement of flooring and painting of interiors of all dwelling units. 2. Repair/replacement of kitchen appliances, counter tops, cabinets and sinks. 3. Repair/replacernent of windows and doors. 4. Repair/replacement of bathroom fixtures. 5. Repair/replacement of any water damaged building elements and materials. 6. Repair/replacement of plumbing system. 7. Repair/replacement of electric system. Together with the recommended repairs, the subject apartments will become an attractive and high quality property. . o r..... ~ landAmerica' ... Commercial Services August 10, 2005 Re: Immediate Repair Verification 307 Orange Avenue Chula Vista, California 91911 LAC Project 05-29331.1 \f)JfiSj;]JL[~:.~n iii''.,) ;.' . i t\1 "\ - "._-> < \L L; A \I h 1 5 200:1 \ \ ' ! 1 \ L ----....-- ---;::-.,~'~ \ \;"~.: (..., , .J I. "",1"1,',, J 1 -t._,..___-..:~~::.~c::.: :.:;.;-~.-=---, J\1r. Michael D'Amelio Premier Coastal Development 1010 Turquiose Street, Suite 200 San Diego, Califomia 92109 Dear Mr. D' Amelio: LandAmerica Assessment Corporation (LAC) is pleased to provide you with a Supplemental Property Condition Assessment performed in adherence to the City of Chula Vista requirements and Premier Coastal Development guidelines. On July 28, 2005, Greg L. Gavasse, LAC Professional Associate, performed a visual iru;pection of the present condition at the property located at 307 Orange Avenue in Chula Vista, California. The purpose of this assessment was to supplement the original report performed by JCEP/Huang Consulting Engineers, Inc., dated September 2, 2003. The supplemental items that need to be covered are as foilows: 1.) UBC year the project was constructed illlder. The project was constructed illlder the 1982 edition of the Uniform Building Code. 2.) Location, condition and summary of use for the SDGE transformers, distribution panels, meters. The property provides three SDGE transformers, which are located at the northwest corner (transformer #1 - D1618372968 Cir 151), south side / rear of the property (transformer #2 - D1613972994 Cir 151), and at the northeast corner of the property (transformer #3- D1618573005 Cir 151). The transformers feed main electrical switchgear through illlderground conduits, The main electrical switchgear is located in exterior electrical closets at each building (see site plan for locations). The main electrical switchgear is rated at 400 amps and provides 120/208 V AC, 3 pole service to each apartment unit. Each apartment is separately metered through a 70-amp main supplying a sub panel located in apartment unit master bedroom wails. Each building also contains a 20 amp house main. Interior wiring noted was observed to be copper and is Romex type wiring. Surface incandescent fixtures provide the interior lighting. SBC provides telephone trunk lines. In general, the electrical systems for the Subject Property, including switchboards, panel boards, lighting and wiring systems appear in fair condition and adequately sized for the current use of the apartments. Management reported no problems and/or deficiencies with electrical systems. 3.) Conditions and recommendations on plumbing types, condition of fixtures and plumbing system in general. LANDAMERICA ASSESSMENT CORPdRATION 1320 HARBOR BAY PARKWAY #260 ALAMEDA. CALIFORNIA 94502 TELEPHONE: 510.337.2855 FAC5!MILE:5 t 0.337.2865 WWW.NA-CORP.COM rn W a::: :J !:: e z W c.. >< W W U Z < Z W I- Z Ci: ....:J!E We ...Jw a:la::: ~a::: W L1. W e e z < a::: Ci: c.. W a::: W ~ 5 W :J!E :J!E .... .... M M '" (';I Il) o ci z ..... o CI> .~ o .... c.. Il) o o N o .... ..... rt) :::I C) :::I < rt) ..... <: CI> ::: E CI> '" 1:::::1.... "'<:'" a.CI>< <~u <: - CI> CI> '" - C).... G<:.!1! CI> E> g>o '" "'..... :::I ....o..c: OMU >. 1:: CI> a. o .... a.. "" :2..__.":; '0"-' '-.':'", .~:'''.'.- <~.:"-"" '". ,- -'i :i(" ~~-F,;- ~ft~cn I~ :ej~""'.~ ~""'~-~ Ht; Ii ,till ~ ~:!~R~ ~ ~4Ifu~}? '3 ~\~~ i <~:- > rn -:""'.~.: CD '''-'''C. C :~):':~;i . ':::;;~(', c',:;'~:''.: . "" .... "co "- . " " o:::.f:;; " ::J C " ~ " c ro <'5 c o c 'co E " f; o - ;;! c ~ "S rn E e LL o o o c:i ~ ... co co co co ~ ... ~ "' a; c ro E .... ro rn " .... u:: '" N '" ... o co l<i ..... ... ..... W a> CfJ a; -'" E coo ctI E.e "'-0 E -0 " .... ,,-" ro ...._ rn .~ m CD ""'0.;: .... .... t;:: ctI ~ C:5 ..J:::: 0 a> -0 192 "' "'" c C-o "' E o e -0 " -" <( co co "'- 0:> ~ ... co co "'- 0) '" ... co q '" ..... ... co co '" <X) ... co <X) ~ ..... row c c 0= x'"o; " "-0 "-c ~ro ~~ rom ~~ -o~ '" co ii5~ rn E -;nE c 8 "' a "0; " -0 C co ~ rn 3: c o E E o " <( rn " > o -" OJ "' "- a "' rn~ 1ij3: .... c -0 0 rn E -;n E c 8 !!! rn 3: c o E E o " (ij " > o -" <:( - o Q) -0 ';;; -;n ~ co co '" '" ... ... o co '" ~ ... co o d co '" cD ... co co d o '" ~ ... ..... ~ " Q) . OJQ) ro" E';;; ro- " "' - Q) OJ 3: c .c 6 ro_ ..!1 ro .... "m oS a." " c O::.E! ~'" u" '1:'5 QJ~ E::: ro <t'E "0" cE lUg -1'-1 ~ Il) N Il) o. M .... <Ii- I- en o U e W ~ :J!E i= en W ...J ~ o I- ATTACHMENT I Government Code Section California Laws: Government Code> Section 65915-65918 Page 1 of7 ~ :> California Laws :> Government Code> Section 65915-65918 (Caution 1 CALIFORNIA GOVERNMENT CODE 65915. (a) When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the jurisdiction of a city, county, or city and county, that local government shall provide the applicant incentives or c~:mcessions for the production of housing - units and child care facilities as prescribed in this section. All cities, counties, or cities and counties shall adopt an ordinance that specifies how compliance with this section will be implemented. . (b) (1) A city, county, or city and county shall grant one density bonus, the amount of which shall be as specified in subdivision (g). and incentives or concessions, as described in subdivision (d). when an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least anyone of the following: (A) Ten percent of the total units of a housing development for lower income households, as defined in Section 50079.5 of the Health and Safety Code; (B) Five percent of the total units of a housing development for very low income households, as defined in Section 50105 of the Health and Safety Code. (C) A senior citizen housing development as defined in Sections 51.3 and 51.12 of the Civil Code, or mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. (0) Ten percent of the total dwelling units in a common interest development as defined in Section 1351 of the Civil Code for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase. (2) For purposes of calculating the amount of the density bonus pursuant to subdivision (f), the applicant who requests a density bonus pursuant to this subdivision shall elect whether the bonus shall be awarded on the basis of subparagraph (A), (B), (C), or (0) of paragraph (1). (c) (1) "An applicant shall agree to, and the city, county, or city and county shall ensure, continued affordability of all low-and very low income units that qualified the applicant for the award of the density bonus for 30 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Section 50053 of the Health and Safety Code. Owner-occupied units shalt be available at an affordable housing cost as defined in Section 50052.5 of the Health and Safety Code_ (2) An applicant shall agree to, and the city, county, or city and county shall ensure that, the initial occupant of the moderate-income units that are directly related to the receipt of the density bonus in the common interest development, as defined in Section 1351 of the Civil Code, are persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, and that the units are offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code. The local government shall enforce an. equity-sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following apply to the equity-sharing agreement: (A) Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the AllACHMC:NT 1 http://www.aroundthecapitol.com/code/code.htm1?sec=gov&codesection=65915 -65918 5/4/2006 California Laws: Government Code> Section 65915-65918 Page 2 of7 seller's proportionate share of appreciation. The local government shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership. (B) For purposes of this subdivision, the. local government's initial subsidy shall be equal to the fair market va!ue of the home at the time of initial sale minus the initial sale price to the moderate-income household) plus the amount of any downpayment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. (C) For purposes of this subdivision, the local government's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of.initial sale. (d) (1) An applicant for a density bonus pursuant to subdivision (b) may submit to a city, county, or city and county a proposal for the specific incentives or concessions that the applicant requests pursuant to this section, and may request a meeting with the city, county, or city and county. The city, county, or city and county shall grant the concession or incentive requested by the applicant unless the city, county, or city and county makes a written finding, based upon substantial evidence, of either of the following: (A} The concession or incentive;s not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in . subdivision (c). . (B) The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to ~ow- and moderate-income 'households. (2) The applicant shall receive the following number of incentives or concessions: (A) One incentive or concession for projects that include at least 10 percent of the total units for tower income households, at least 5 percent for very low income households, or at least 10 percent for persons and families of moderate income in a common interest development. (B) Two incentives or concessions for projects that include at least 20 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a com.mon interest development. (C) Three incentives or concessions for projects that include at least 30 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in' a common interest development. (3) The applicant may initiate judicial proceedings if the city, county, or city and county refuses to grant a requested density bonus, incentive, or concession. lf a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this subdivision shall be interpreted to require a local government to grant an incentive or concession that has a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require a local government to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. The city, county, or city and county shall establish procedures for carrying out this section, that shall include legislative body approval of the means of compliance with this section. The city, county, or city and county shaH also establish procedures for waiving or modifying development and zoning standards that would otherwise inhibit the utilization of the density bonus on specific sites. These procedures shall include, but not be limited to, such items as minimum lot size, side yard setbacks, and placement of public works improvements. (e) In no case may a city, county, or city and county apply any development standard that will have the effect of precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by this section. An applicant may submit to a city, county, or city and county a proposal for the waiver or reduction of development standards and may request a meeting with the city, county, or city and county. lf a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this subdivision shall be interpreted to require a local government to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is httD:/ Iwww.aroundthecaDitol.com/code/code. htrn 1 ?sec="ov&.corl~.",di nn=f!S 91 S-nS91 R S/4I?OOf! California Laws: Government Code> Section 65915-65918 Page 3 on no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require a local government to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. (f) The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible. (g) For the purposes of this chapter, "density bonus" means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city, county, or city and county. The applicant may elect to accept a lesser percentage of density bonus. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subdivision (b). (1) For housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows: Percentage Low-Income Percentage Density Bonus Units 1020 11 21.5122313 24.5 14261527.51730.518321933.52035 (2) For housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows: Percentage Very Low Percentage Density Bonus Income Units 5 20 6 22.5725827.59301032.51135 (3) For housing developments meeting the criteria of subparagraph (C) of paragraph (1) of subdivision (b), the density bonus shall be 20 percent. (4) For housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows: Percentage Moderate- Percentage Density Bonus Income Units 10 5 11612713 81491510 161117121813191420 152116221723182419252026i1 27222823292430 2531 2632273328342935303631 37323833 39344035 (5) All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. As used in subdivision (b), "totaL units" or "total dwelling units" does not include units permitted by a density bonus awarded pursuant to this section or any local law granting a greater density bonus. The density bonus provided by this section shall apply to housing developments consisting of five or more dwelling units. (h) (1) When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to a city, county, or city and county as provided for in this subdivision, the applicant shall be entitled to a 15-percent increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire development, as follows: Percentage Very Low Percentage Density Bonus Income 10 151116121713 18 14 1915 20 162117221823 19 2420252126222723282429253026312732283329343035 (2) This increase shall be in additionto any increase in density mandated by subdivision (b), up to a maximum combined mandated density increase of 35 percent if an applicant seeks both the increase required pursuant to this subdivision and subdivision (b). All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subdivision shall be construed to enlarge or diminish the authority of a city, county, or city and county to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density bonus described in this subdivision if all of the following conditions are met: (A) The applicant donates and transfers the land no later than the date of approvaL of the final subdivision map, parcel map, or residential development application. (6) The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development. (C) The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the finaL subdivision map, parcel map. or of the residential deveLopment, the transferred land shall have all of the permits and approvals, other than building permits, necessary for. the development of the very low income housing units on the transferred land, except that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 http://W.h.W.aroundthecapitol.comlcode/code.html ?sec=gov&codesection=65915-65 918 5/4/2006 CalifmTIia Laws: Government Code> Section 65915-65918 Page 4 on if the design is not reviewed by the local government prior to the time of transfer. (D) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with paragraphs (1) and (2) of subdivision (c), which shall be recorded on the property at the time of dedication. (E) The land is transferred to the local agency or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer. (F) The transferred land shall be within the boundary of the proposed development or, if the local agency agrees, within one-quarter mile of the boundary of the proposed development. (i) (1) When an applicant proposes to construct a housing development that conforms to the requirements of subdivision (b) and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, the city, county, or city and county shall grant either of the following: (A) An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility. (B) An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility. (2) The city, county, or city and county shall require, as a condition of approving the housing development, that the following occur: (A) The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subdivision (c). .(B) Of the children who attend the child care facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to subdivision (b). (3) Notwithstanding any requirement of this subdivision, a city, county, or a city and county shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities. (4) "Child care facility," as used in this section, means a child day care facility other than a family day care home, including, but not limited to, .infant centers, preschools, extended day care facilities, and schoolage child care centers. (j) "Housing development," as used in this section, means one or more groups of projects for residential units constructed in the planned development of a city, county, or city and county. For the purposes of this section, "housing development" also includes a subdivision or common interest development, as defined in Section 1351 of the Civil Code, approved by a citYJ countYJ or city and county and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calcuLating a density bonus, the r~sidential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. (k) The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. This provision is declaratory of existing law. (l) For the purposes of this chapter, concession or incentive means any of the" following: (1) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions. (2) Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrialJ or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. . httD:/ /www.aroundthecanito1.com/code/code.html?sec=gov&codesecti nn=11 ~ 91 ~-115 91 g 5/4/?OOfi California Laws: Government Code> Section 65915-65918 Page 5 of7 (3) Other regulatory incentives or concessions proposed by the developer or the city, county, or city and county that result in identifiable, financially sufficient, and actual cost reductions. This subdivision does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city, county, or city and county, or the waiver of fees or dedication requirements. (m) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the Califomia Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code. (n) Nothing in this section shall be construed to prohibit a city, county, or city and county from granting a density bonus greater than what is described in this section for a development that meets the requirements of this section or from granting a proportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this section. (0) For purposes of this section, the following definitions shall apply: (1) "Development standard" includes site or construction conditions that apply to a residential development pursuant to any ordinance, general plan element, specific plan, charter amendment, Of other local condition, law, policy, resolution, or regulation. (2) "Maximum allowable residential density" means the density allowed under the zoning ordinance, or if a range of density is permitted, means the maximum allowable density for the specific zoning range applicable to the project. (p) (1) Upon the request of the developer, no city, county, or city and county shall require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of subdivision (b), that exceeds the following ratios: .(A) Zero to one bedrooms: one onsite parking space. (B) Two to three bedrooms: two onsite parking spaces. (C) Four and more bedrooms: two and one-half parking spaces. (2) If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide "onsite parking" through tandem parking or uncovered parking, but not through onstreet parking. (3) This subdivision shall apply to a development that meets the requirements of subdivision (b) but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section, subject to subdivision (d). 65915.5. (a) When an applicant for approval to convert apartments to a condominium project agrees to provide at least 33 percent of the total units of the proposed condominium project to persons and families of low or moderate income as defined in Section. 50093 of the Health and Safety Code, or 15 percent of the total units of the proposed condominium project to lower income households as defined in Section 50079.5 of the Health and Safety Code, and agrees to pay for the reasonably necessary administrative costs incurred by a city, county, or city and county pursuant to this section, the city, county, or city and county shall either (1) grant a density bonus or (2) provide other incentives of equivalent financial value. A city, county, or city and county may place such reasonable conditions on the granting af a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordabHity of units to subsequent purchasers who are persons and families of low and moderate income or lower income households. (b) For purposes of this section, "density bonus" means an increase in units of 25 percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion. (c) For purposes of this section, "other incentives of equivalent financial value" shall not be construed to require a city, county, or city and county to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city, county, or city and county might otherwise apply as conditions of conversion approval. (d) An applicant for approval to convert apartments to a condominium project may submit to a city, county, or city and county a preliminary proposal pursuant to this section prior to the submittal of any formal requests for subdivision map approvals. The city, county, or city and county shall, within 90 days of receipt of a written proposal, notify the applicant in writing of the manner in which 'it will comply with this section. The city, county, or city and county shall establish procedures for carrying out this section, which shall include legislative body approval of the means of compliance with this section. (e) Nothing in this section shall be construed to require a city, county, or city and county to approve a propQsal to convert apartments to condominiums. (f) An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments . http://www.aroundthecapitol.comlcode/code.html ?sec=gov &codesection=65 915 -65918 5/4/2006 California Laws: Government Code> Section 65915-65918 Page 6 on proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Section 65915. 65916. Where there is a direct financial contribution to a housing development pursuant to Section 65915 through participation in cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, the city, county, or city and county shall assure continued availability for low- and moderate-income units for 30 years. WIlen appropriate, the agreement provided for in Section 65915 shall specify the mechanisms and procedures necessary to carry out this section. 65917. In enacting this chapter it is the intent of the Legislature that the density bonus or other incentives offered by the city, county, or city and county pursuant to this chapter shall contribute significantly to the economic feasibility of lower income housing in proposed housing developments. In the absence of an agreement by a developer in accordance with Section 65915, a locality shall not offer a density bonus or any other incentive that would undermine the intent of this chapter. 65917.5. (a) As used in this section, the following termsshall have the following meanings: (1) "Child care facility" means a facility installed, operated, and maintained under this section forthe nonresidential care of children as defined under applicable state licensing requirements for the facility. (2) "Density bonus" means a floor area ratio bonus over the otherwise maximum allowable density permitted under the applicable zoning ordinance and land use elements of the general plan of a city, including a charter city, city and county, or county of: (A) A maximum of five square feet of Hoor area for each one square foot of floor area contained in the child care facility for existing structures. "(B) A maximum of 10 square feet of floor area for each one square foot of floor area contained in the child care facility for new structures. For purposes of calculating the density bonus under this section, both indoor and outdoor square footage requirements for the child care facility as set forth in applicable state child care licensing requirements shall be included in the floor area of the child care facility. (3) "DeveLoper" means the owner or other person~ including a les.see, having the right under the applicable zoning ordinance of a city council, including a charter city counciL, city and county board of supervisors, or county board of supervisors to make application for development approvals for the development or redevelopment of a commercial or industrial project. (4) '"Floor area" means as to a commercial or industrial project, the floor area as calculated under the applicable zoning ordinance of a city council, induding a charter city council, city and county board of supervisors, or county board of supervisors and as to a child care facility, the total area contained within the exterior walls of the facility and all outdoor areas devoted to the use of the facility in accordance with applicable state child care licensing requirements. (b) A city council, including a charter city council, city and county board of supervisors, or county board of supervisors may establish a procedure by ordinance to grant a developer of a commercial or industrial project, containing at least 50,000 square feet of floor area, a density bonus when that developer has set aside at leas.t 2,000 square feet of floor area and 3,000 outdoor square feet to be used for a child care facility. The granting of a bonus shall not preclude a city council, including a charter city council, city and county board of supervisors, or county board of supervisors from imposing necessary conditions on the project or on the additionaL square footage. Projects constructed under this section shall conform to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other health, safety, and zoning requirements generally applicable to construction in the zone in which the property is located. A consortium with more than one developer may be permitted to achieve the threshold amount for the available density bonus with each developer's density bonus equal to the percentage participation of the developer. This facility may be located on the project site or may be located offsite as agreed upon by the developer and local agency. If the child Care. facility is not located on the site of the project, the local agency shall determine whether the location of the child care facility is appropriate and whether it conforms with the intent of this section. The child care facility shall be of a size to comply with all state licensing requirements in order to accommodate at least 40 children. (c) The developer may operate the child care facility itself or may contract with a licensed child care provider to operate the facility. In all cases, the developer shall show ongoing coordination with a local child care resource and referral network or local governmental child care coordinator in order to qualify for the density bonus. (d) If the developer uses space allocated for child care facility purposes, in accordance with subdivision (b), for any purposes other than for a child care facility, an assessment based on the square footage of the project . httn:/ /www.aTOundtnecanitol.com/code/code.html ?sec=;wv&codesection=65915-65918 5/4/2006 California Laws: Government Code> Section 65915 -65 918 Page 7 of7 may be levied and collected by the city council, including a charter'city council, city and county board of supervisors, or county board of supervisors. The assessment shall be consistent with the market value of the space, If the developer fails to have the space allocated for the child care facility within three years, from the date upon which the first temporary certificate of occupancy is granted, an assessment based on the square footage of the project may be levied and collected by the city council, including a charter city council, city and county board of supervisors, or county board of supervisors in accordance with procedures to be developed by the legislative body of the city council, including a charter city council, city and county board of supervisors, or county board of supervisors. The assessment shall be consistent with the market value of the space. Any penalty, levied against a consortium of developers shall be charged to each developer in an amount equal to the developer's percentage square feet participation, Funds collected pursuant to this subdivision shall be deposited by the city council, including a charter city council, city and county board of supervisors, or county board of supervisors into a special account to be used for chitdcare services or child care facilities. (e) Once the child care facility has been established, prior to the closure, change in use, or reduction in the physical size of, the facility, the city, city council, including a charter city council, city and county board of supervisors, or county board of supervisors shall be required to make a finding that the need for child care is no longer present, or is not present to the same degree as it was at the time the facility was established. (f) The requirements of Chapter 5 (commencing with Section 66000) and of the amendments made to Sections 53077, 54997, and 54998, by Chapter 1002 of the Statutes of 1987 shall not apply to actions taken in accordance with this section. (g) This section shall not apply to a voter.approved ordinance adopted by referendum or initiative. 65918. The provisions of this chapter shall apply to charter cities. ImDortant caution- AroundTheCapitol.com mirrors the information on California laws availabLe on the state's public computer server. Laws change frequently, and thus what you see on the computer screen shouLd not be relied upon as legal advice. To be certain, check in with a lawyer. AroundTheCapitaLcom is not liable for any misinformation that users obtain from using this site. . http://www .aroundthecapito1.corwcode/code.htrnl ?sec=gov&codesection=65915-65918 5/4/2006 ATTACHMENT J Disclosure Statement . . -',j~ ,.-~- .Jj -- - .{ ann i n g & B u i I d " n g Planning ~ivision Depa,tmEnt Development Processino- o ,. ~. CJ1Y OF CHUIA VISfA APPLlGA TION APPENDfX B Disclosure Statement Pursu~nt to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial Interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier, N!r-r 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. Cr-\V!-d {:,. \Ii't:1lcdrVl 'J Or, 'dJ2..f1(JL.. WUVlO~ 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 tnustor of the trust. 0!r-r . 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. WCl;~ f{\G11'Y1iVlQ..nt COf\$jd-bI'1tS 5. Has any person' associated with this contract had any financial dealings with an official" of the City of Chula Vista as it relates to this contractwith/n the past 12 months. Yes_ No~ If Yes, briefiy describe the nature of the financial/nterest the official" may have in this contract. 6. Have you made a contribution wmore than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? NQ7" Yes If yes, which Council member? r - . . 276 Fourth Avenue CA1tAGfr11BN l(19~ I (619) 691-5101 ?--<. - anning &: B u i I d I :.J g Planning Division Department Development Processing em; OF , Cdl J~ VISTA Disclosure Statement - Page 2 APPLICATION APPENDIX B , Have you provided more than $340 (or an item of equivaient value) to an official" of the City of Chula Vista in the ~:t twel~eo (~onths? (ThIs in,t;/udes being a source of Income, money to retire a legal debt, gift, loan, etc.) - +- . If Yes, which official" and what was the nature of item provided? '. , Date: IzJ l2-fO~ . I Signat e of Contractor/Applicant 7f03e..D'h S cw&atl-i type name of Contractor/Applicant Print or Person, is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other !!jroup or combination acting as a unit. \, 7' Official Includes, 'but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, empioyee, or staff members. K ~ ,;' '\ . 276 Fou rth Avenue Chula Vista California 91910 (619) 691-5101 Dee 09 04 10:17a David Malcolm 619-5-"1-0969 December 7, 2004 City of Chula Vista . Planning & Building D~! Attention: John C, Schmitz 276 Fourth Avenue - MS P-lOO ChuJ. Vista, CA 91910 RE:J07 On.nge Avenue, Cbula Vista, CA 91910 Pear Mr. Schmitt: p.2 -;- ,.k L. '7 J _"" <- c pc <; 6 5 - 0 (,0 Df<c. 6 S - 0 S r am writing this Jette: 10 you in regards to the property located 31: 307 Orange Avenue in the City of Chuta Vista.. Dan Tomasi is Worldng with David Malcolm on this project and I am reque:lung that you allow Mr_ Tomasi and hi 5 SI3ff IICceS3 to all and any information or files as the pertain to t!iliI property aDd the permit for.colldo conversion. Mr. Tomasi will be taking over the file that Mr. Joe SC....lotti was previously in charge of_ Please feel free to call with any que::tioas Sincen;ty; ,;[~)au David Malcolm .