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Home My WebLink AboutPlanning Comm Reports /2006/11/29 AGENDA MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA 6:00 p.m. Wednesday, November 29, 2006 Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: ROLL CALL/MOTIONS TO EXCUSE: Planning Commission: Felber_ Bensoussan_ Vinson_ Tripp_ Moctezuma_ Clay ton_ Spethman_ PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE: ORAL COMMUNICATIONS Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commissions' jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. 1. PUBLIC HEARING: PCS 06-12; Consideration of a Tentative Subdivision Map to convert an existing 12-unit apartment complex to 12 condominium units for individual ownership at 582 Arizona Street. Applicant: Floit Homes. (Quasi-Judicial) Project Manager: Kim Vander Bie, Associate Planner 2. PUBLIC HEARING: PCC 05-44; Consideration of a Conditional Use Permit for a hand car wash facility and expansion of an existing mini-mart at a service station located within the Terra Nova Plaza Shopping Center at 350 East H Street. Applicant: Lorna Ratonel/Carmalor, Inc. (Quasi-Judicial) Project Manager: Kim Vander Bie, Associate Planner 3. PUBLIC HEARING: PCC 06-95; Consideration of a Conditional Use Permit for the sale of alcoholic beverages at "A Taste of Italy Restaurant" located at 1730 East Palomar Street, Suite 1. Applicant: Steve Abbo. (Quasi-Judicial) Project Manager: Harold Phelps, Associate Penner Planning Commission - 2- November 29, 2006 DIRECTOR'S REPORT: COMMISSION COMMENTS: ADJOURNMENT: To a regular Planning Commission meeting on December 13, 2006. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend, andlor participate in a City meeting, activity, or service, request such accommodations at least forty.eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-51 01 or Telecommunications Devices for the Deaf (TOD) at 585-5647. California Relay Service is also available for the hearing impaired. 0!f? -,1- ~~- =-~z CIlYOF CHULA VISTA Memorandum DepartITlent: of Planning and Building Date: November 22, 2006 To: Chairperson and Members of the Planning Commission From: Kim Vander Bie, Associate Planner Via: Jim Hare, Assistant Director of Planning Subject: PCS-06-12 Tentative Subdivision Map Known as 582 Arizona St. This project went before the Planning Commission on October 25, 2006. After the public hearing was opened and the project was discussed, the Planning Commission continued the project by unanimous vote so that the applicant could have additional time to address the parking and open space issues raised at the hearing. Planning staff reviewed the original site plan for this apartment complex, which was approved by the Design Review Committee in 1989. The original plan was approved with approximately 6,580 sq. ft. of open space, including landscape areas, private balconies, a recreation rooms and deck, and two small recreation facilities (see Exhibit A). The original plan also featured the two guest parking spaces at the existing location. Minor modifications were approved during the building pennit review process, resulting in a reduction of open space trom 6,580 sq. ft. to approximately 5,91 0 sq. ft. (project requires 5,760 sq. ft.). Since the project was deemed in substantial confonnance with the applicable property development regulations, as a pre-requisite to issue the building pennit, and the fact that the project has not been modified since originally constructed, staff is of the opinion that the open space as presented by the applicant remains in substantial compliance with the applicable property development standards, including open space. Thus, the existing guest parking may be retained and no conversion to open space. At the October 25th Planning Commission hearing, the commissioners made two other suggestions: I) revise the landscape plan to keep landscaping where quashed rock is proposed; and 2) repeat the walkthrough when the applicant is ready to convert. These two suggestions will be added to the draft City Council resolution as conditions of approval. Based on the preceding information, staff recommends that the Planning Commission adopt attached Resolution PCS-06-12 recommending that the City Council approve Tentative Map PCS-06-12, based on the findings and subject to the conditions listed in the attached Draft City Council Resolution. The October 25th Planning Commission Agenda Statement is attached for reference. PLANNING COMMISSION AGENDA STATEMENT Item: ~ - Meeting Date: 10/25/06 ITEM TITLE: Public Hearing: Consideration of a Tentative Subdivision Map, PCS-06-12, to convert an existing 12-unit apartment complex to 12 condominium units for individual ownership at 582 Arizona Street. Applicant: Floit Homes The applicant, Floit Homes, submitted a Tentative Subdivision Map application proposing to convert twelve 3-bedroom apartment units into individual condominiums at 582 Arizona Street (see Locator, Attachment A). Pursuant to the Chula Vista Municipal Code (CVMC), Section 15.6, and the City of Chula Vista Subdivision Manual, a Tentative Subdivision Map is required for the proposed conversion in order to determine if the project complies with necessary regulations. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 (existing facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION: Adopt Resolution PCS-06-12 (Attachment B) recommending that the City Council approve the proposed Tentative Map based on the findings and subject to the conditions contained therein. DISCUSSION: Background: This is a request for a Tentative Subdivision Map for a Condominium Conversion of 12 apartment units in an existing complex constructed in 1989, after it was approved by the Design Review Committee. It consists of two buildings, each with six units built above six two-stall garages. Building A, as shown on page 4 of the Tentative Map, also has a small recreation room. Additionally, there are two guest parking spaces on the site. Tentative and Final map approvals, with final action by City Council, will create a one-lot, 12-unit condominium map. As per Chula Vista's condominium conversion requirements, a Design Review application was submitted for this proj ect, and the Zoning Administrator approved the Design Review application on August 4, 2006. The Design Review permit proposed no significant exterior structural changes, but rather minor design upgrades, including repairing and repainting exterior surfaces, re-striping the parking area, enhancing the landscaping and fencing, and providing a new barbeque area and trash enclosure. Regarding interior improvements, each unit will be renovated with new carpeting, tile, doors, windows, hardware, etc. In the attached garages, storage spaces will be added for each unit (see Project Description of Renovations, Attachment E). 2-1 Page No.2, Item:_ Meeting Date: 10/25/06 The applicant has completed the tenant noticing required, up to this point, by the State and CYMC, prior to Tentative Map consideration. Planning staffhas recently been informed by the applicant that, currently, there is no intention of converting this building any time in the immediate future. When the applicant decides to convert the units to condos, a community meeting will be held, inviting all tenants to come and learn how they can purchase the unit that they live in. Ifthe tenants decide to relocate, the applicant will refund each tenant one month's rent, plus their entire security deposit. Project Site Characteristics: The project site is a 60.02' x 307.68' rectangular-shaped lot that is relatively flat, with a slight downward slope in the rear of the property. It is located on a cul-de-sac in the southern portion of Chula Vista, east of Broadway between L Street and Moss Street in the R-3 Zone, and is accessed from Arizona Street. The driveway has sloped concrete pavement toward the center swale and catch basin for proper drainage. There are two, 3-story buildings on the site, each containing six units above six 2-stall garages. Building A also has a small recreation room, and there are a total of two guest parking spaces on the site. The project site is surrounded by other apartment complexes in all directions. Project Description: The proposal is to convert 12 existing apartment units into 12 condominium units for individual ownership. The units are already served by separate gas and electric meters, while water and sewer will be the responsibility of the Homeowners Association. Thus, only minor improvements are required. Compliance with Development Regulations: Site: North: South: East: West: General Plan Residential High Residential High Residential High Residential High Residential High Zoning R-3 R-3 R-3 R-3 R-3 Current Land Use Multi-Family Residential Multi-Family Residential Multi-Family Residential Multi-Family Residential Multi -Family Residential Project Data: DEVELOPMENT REGULATIONS Rel1uired Proposed/Existim' Building Setbacks: Building Setbacks: Front: 15 feet Front: 15 feet Side: 5 feet & 5 feet Side: 9 feet & 24 feet Exterior Side: NI A Exterior Side: NI A 2-2 Page No.3, Item:_ Meeting Date: 10/25/06 Rear: 15 feet Buildin Hei t: 28 feet/45 feet Parking: 24 -- 2 parking stalls per unit This project is consistent with the City's Multi-Family Residential (R-3) Zone, General Plan designation of Residential High, Design Manual, Landscape Manual, and all other applicable codes and regulations of the CYMC. Analysis: The proposed conversion from apartments to condominium units will not change the existing residential use. What will change is that the units will be for individual ownership, and the property will be significantly improved. The applicant submitted a "Property Condition Assessment Report" (Attachment F), otherwise know as a "Physical Elements Report", which lists recommendations that will upgrade the property and individual units. Staff has incorporated the recommendations as conditions of approval. In addition to painting the interiors of all units, the applicant is proposing to repair or replace the heating units; water -damaged building elements and materials; bathroom fixtures; kitchen appliances; countertops; cabinets; sinks; flooring; and other suggested improvements per the "Property Condition Assessment Report". The project's CC&Rs will address site maintenance and monthly payment of provided utilities. Table 1, below, lists the existing services/utilities within the project. TABLE 1: Existing Utilities SERVICEfUTILITY STATUS Air conditionim! Not Drovided Heatin" Individual electric wall heaters Water heaters Individual gas-fired hot water heater in utility closet Gas Individual Ilas meters Electric meter Individual electrical meters Water HOA Sewer HOA Cable* Individual unit Telenhone* Individual unit 'Not covered by the HOA Staff recommends that all ofthe following improvements be included in applicant's building permit 2-3 Page No.4, Item:_ Meeting Date: 10/25/06 scope of work: . All items listed in Section 1.3, Recommended Immediate Repairs ofthe Property Condition Assessment Report (Attachment F) . All items listed in Section 1.4, Recommended Short- Tenn and Intennediate- Tenn Repairs of the Property Condition Assessment Report . Section N, Other Comments of the Property Condition Assessment Report, pertaining to the stair system and landscaping of the property . New windows complying with 2005 California Energy requirements Chula Vista Municipal Code Requirements: Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership, apartments converted to condominiums for sale must address parking, adequate storage for each unit, and common useable open space areas. They must also satisfy the Unifonn Building Code standards before occupancy. . Parking - Off-street parking required in the R-3 Zone is a minimum of two parking spaces per three-bedroom unit. The project provides 2-stall garages underneath and contiguous to each unit. Staff is recommending that an area designated for two guest parking spaces be landscaped instead. . Storage - Each three-bedroom unit is required to have 250 cubic feet of storage. In each garage, the applicant will provide two hanging storage cabinets measuring 102 cubic feet each for a total of204 cubic feet within each garage. An additional 80 cubic feet of storage space is currently being provided on the second floor deck. The combined total area of storage space is 284 cubic feet for each unit, which exceeds the minimum requirement. . Common Useable Open Space Areas - Section 19.28.090 of the CYMC requires three- bedroom, multi-family developments to provide 480-square- feet of common usable open space per unit; therefore, the project must provide a minimum of 5,760 square feet of open space. Each unit has a 60-square-foot patio or balcony, for a total of 760-square-feet. The existing recreation room is 187 -square- feet. The remaining open space is in landscaping. Other Requirements: . Design Guidelines - The applicant submitted a Design Review application that was approved by the Zoning Administrator on August 4, 2006. The Design Review pennit proposed no significant exterior structural changes, but rather minor design upgrades, including repairing and repainting exterior surfaces, re-striping the parking area, enhancing the landscaping and fencing, and providing a new barbeque area and trash enclosure. Regarding interior improvements, each unit will be renovated with new carpeting, tile, doors, windows, hardware, etc. In the attached garages, storage spaces will be added for each unit (see Project Description of Renovations, Attachment E). 2-4 Page No.5, Item:_ Meeting Date: 10/25/06 · Uniform Building Code Standards - The Building Division reviewed the "Property Condition Assessment Report" (Attachment D) prepared by JCEP/Huang Consulting Engineers, Inc, and found that the Project will satisfy the Building Code requirements if the recommended improvements (discussed in "Analysis", above) are constructed or put in place. · Uniform Housing Code - The Project is required to conform to Uniform Housing Code requirements in existence at the time of Final Map approval. A housing inspection has been completed for the Project, and is required, by condition of approval, to correct any deficiencies prior to Final Map approval. · Property Condition Assessment Report Submittal - The applicant submitted the report (Attachment F) for review by the City's Building Official. The report concludes that the existing apartment complex is in overall good to fair condition, with a few defects. The assessment identifies necessary immediate repairs and short-term intermediate repairs. After reviewing the recommendations, staff recommends that the report recommendations be incorporated into the remodel program. Staff has included the report recommendations as conditions of approval in Attachment C of the draft City Council Resolution. · CC&Rs - The Project is conditioned to provide evidence that declarations of Covenants, Conditions and Restrictions (CC&Rs) have been prepared, prior to approval ofthe Final Map. . Separate Service Meters - Each unit has individual gas and electric meters. A Homeowners Association will be responsible for the water and sewer service utility meters, and this will be explained in the CC&Rs. Noticing Documentation: Pursuant to Section 66452 of the Subdivision Map Act, condominium conversion projects must satisfy certain noticing requirements for specified time periods. Table 2, below identifies: l) The noticing requirements; 2) When existing and prospective tenants should receive the notices; and 3) When the requirement was met. As the table indicates, tenants were notified of the condominium conversion proposal in December 2003. Tenants who have moved into the complex since then were given a notice prior to signing their lease agreement. At the appropriate time, each tenant will be given notice of having the first option to purchase a unit. Sample notices provided by the Applicant are attached (see Attachment G, Noticing Documentation). TABLE 2: Noticing Documentation NOTICE RE VIREMENT 60-day notice to all existing tenants of intent to convert - "Fonn A"* HOW LONG & WHEN 60 days prior to filing a Design Review and Tentative Map a lication with the Ci COMPLlANCE 60-day notices were sent certified mail to existing tenants on December 2003. 2-5 Page No.6, Item:_ Meeting Date: 10/25/06 Notice to all prospective tenants of Prior to acceptance of any rent or Applicant has submitted a intent to convert - "Form B"* deposit from the prospective current tenant list with copies tenant of signed forms for all new tenants that moved in after December 2003. 1 O-day notice to all existing tenants of 10 days before or after submittal To be detennined/ Typically an application of a Public Report - of the Public Report to the following Final Map approval "Form C" Department of Real Estate 1 O-day Notice to all existing tenants of Within 10 days of approval of the To be detennined/ Typically Final Mat) at)t)roval- "Form D" Final Map bv the City followino: Final Mat) at)Dfoval Notice to all prospective tenants of Prior to acceptance of any rent or To be determined prior to option to purchase/tennination of deposit from the prospective approval of Final Map tenancy - "Fonn E" tenant 90-day Notice to all existing tenants of For a period of 90 days after To be determined prior to option to purchase/termination of issuance of the Public Report approval of Final Map tenancy - "Form F" from the Department of Real Estate 180-day notice to all existing tenants of 180 days prior to termination of 180-day notices were sent intent to convert/tennination of tenancy tenancy certified mail to existing - "Fonn 0" tenants in December 2003. * Attachment G - Noticing Documentation Prior to approval of the Final Map, the City Council needs to find that the applicant has submitted Forms "A" and "B". The remaining notices will be required after approval of the Final Map. Staff has reviewed the property holdings ofthe Planning Commission and has found no such holdings within 500 feet of the property, which is the subject of this action. CONCLUSION: Based on the preceding information, the project appears to meet the requirements for a condominium conversion; therefore, staff recommends that the Planning Commission adopt PCS-06-l2 recommending that the City Council approve Tentative Map PCS-06-l2, subject to the conditions listed in the attached City Council Resolution. Attachments: A. Locator Map B. Planning Commission Resolution C. Draft City Council Resolution D. Zoning Administrator Design Review Notice of Decision E. Project Description of Renovations F. Property Condition Assessment Report G. Noticing Documentation H. Disclosure Statement 1. Project Plans J:\Planning\KIM\StaffReports\Planning Commission\PCS-06.12, 582 Arizona Condo Conversion. doc 2-6 ~ C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT Floit Homes PROJECT DESCRIPTION: e) APPLICANT: SUBDIVISION PROJECT Proposing: Condo ConversiDn cf Twelve Three bedroom units. ADDRESS: 582 Arizona St ~ SCALE: FILE NUMBER: ATTACHMEN1. NORTH No Scale PCS-06-12 'ieIjIted cases: DRC-06-55 > .-, A J:\planning\carlos \Jocators\pcs0612.cdr 03.08.06 RESOLUTION NO. PCS-06-12 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE A TENTATNE MAP TO DNIDE INTEREST IN.45 ACRES AT 582 ARIZONA STREET FOR A ONE-LOT CONDOMINIUM CONTAINING 12 RESIDENTIAL UNITS (FLOIT HOMES). WHEREAS, on February 24, 2006, a duly verified application was filed with the City of Chula Vista Planning and Building Department by the Floit Homes ("Applicant"), requesting approval of a Tentative Subdivision Map to convert 12 apartment units into individually owned condominiums ("Project"); and, WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented on Attachment A and for the general description herein consists of a .45 acre lot located at 582 Arizona Street ("Project Site"); and WHEREAS, The EnviroIll1lental Review Coordinator has reviewed the proposed project for compliance with the California EnviroIll1lental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 (existing facilities) categorical exemption pursuantto Section 15301 of the State CEQA Guidelines. Thus, no further enviroIll1lental review is necessary; and WHEREAS, the Planning Commission having received certain evidence on October 25, 2006, 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 theirrecommending Resolution PCS-06-12 herein, and recommended that the City Council approve the Project based on certain terms and conditions; and, WHEREAS, the Planning and Building Director set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., October 25,2006, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached Draft City Council Resolution approving the Project in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. 2-8 ATTACHMENT B PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 25th day of October, 2006, by the following vote, to-wit: AYES: NOES: ABSENT: Bryan Felber, Chair ATTEST: Diana Vargas, Secretary 2-9 DRAFT RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO DIVIDE INTEREST IN .45 ACRES AT 582 ARIZONA STREET FOR A ONE-LOT CONDOMINIUM CONTAINING 12 RESIDENTIAL UNITS - FLorT HOMES I. RECITALS A. Project; Application for Discretionary Approval WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on February 24, 2006, with the City of Chula Vista Planning and Building Department by Floit Homes ("Applicant") requesting approval of a Tentative Subdivision Map to convert 12 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 Attachment A, copies of which are on file in the Office of the City Clerk, incorporated herein by reference, and commonly known as Chula Vista Tract No. 06-12, Tentative Subdivision Map, and for the purpose of general description herein consists of .45 acres located at 582 Arizona Street ("Project Site"); and C. Prior Discretionary Approval and Recommendations WHEREAS, the development of the Project Site has received the following discretionary approvals and recommendations: 1) Zoning Administrative Design Review approval on August 4, 2006, 2) Planning Commission recommendation of approval of PCS-06-12, Tentative Subdivision Map for a 12-unit condominium conversion on October 25,2006; and D. Planning Commission Record of Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on October 25, 2006, and after hearing staffs presentation and public testimony voted to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and E. Council Record of Applications WHEREAS, the City Clerk set the time and place for the public hearing on the Project's Tentative Subdivision Map application; and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the project and its mailing to the current tenants residing at 582 Arizona Street, at least 10 days prior to the hearing; and 2-10 -7n t) C 1-1 vlA .e""'-T C Resolution No. 2006- Page 2 WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on , in the Council Chambers, 276 Fourth Avenue, at 4:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. NOW THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on October 25, 2006, and the minutes and Resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 (existing facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further environmental review is necessary. 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 582 Arizona Street, is in conformance with the elements of the City's General Plan, based on the following: I. Land Use It is the City's goal to accommodate diversified housing types. The site is designated Residential-High, and was previously developed with 12 units on the property, which is consistent with the General Plan. Thus, the Project, as conditioned, is in substantial compliance with the adopted General Plan. 2. Circulation All on-site and off-site public streets required to serve the subdivision currently exist. No street improvements are required. 2 2-11 Resolution No. 2006- Page 3 3. Housing The Project is consistent with the density prescribed within the General Plan and provides attached condominium units for individual ownership. The conversion of 12 apartment units to 12 condominium units creates additional opportunities for residential ownership. 4. Open Space A. The Project includes a recreation room, landscaped areas, and private patios or balconies. B. The site is physically suited for residential development and the proposal conforms to all standards established by the City for such project. C. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extend to the impact created by the proposed development. VI. FINDINGS OF COMPLIANCE WITH CONDOMINUM CONVERSION REQUIREMENTS PURSUANT TO CHAPTER 15.56 AND APARTMENT RESIDENTIAL ZONE REQUIREMENTS PURSUANT TO CHAPTER 19.28 OF THE CHULA VISTA MUlCIPAL CODE Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership, the City Council finds that the project meets the following: A. Uniform Building Code: The Building Department reviewed the "Property Condition Assessment Report" prepared by JCEP/Huang Consulting Engineers, Inc, and found that the Project will satisfY the Building Code requirements if the recommended improvements are constructed or put in place. These requirements are generally described in the Property Condition Assessment Report. B. Storage: Section 15.56.020 requires each three-bedroom unit to have 250 cubic feet of storage. Two-stall garages underneath each unit will provide the majority of the required storage when improvements are made by the applicant who will provide two hanging storage cabinets measuring 102 cubic feet each for a total of 204 cubic feet within each garage. These must be installed prior to final inspection or occupancy of the condominiums. An additional 80 cubic feet of storage space currently provided on each second floor balcony will remain. Thus, the combined total area of storage space is 284 cubic feet for each unit, which exceeds the minimum requirement. C. Housing Code: The Project is required to conform to Uniform Housing Code requirements in existence at the time of the approval of the Subdivision Map. The Project has completed a housing inspection and is required by condition of approval to correct any deficiencies prior to Final Map approval. D. Off-street Parking: In the R-3 Zone, a minimum of 2 open parking spaces is required for each three-bedroom unit. The project provides one 2-stall garage per unit. E. Design Guidelines: The Applicant submitted a Design Review application that was approved by the Zoning Administrator on August 4, 2006. The Design Review permit proposed no significant exterior structural changes, but rather minor design upgrades, 3 2-12 Resolution No. 2006- Page 4 including: repaIrIng and repamtmg exterior surfaces; re-striping the parking area; enhancing the landscaping and fencing; and providing a new barbeque area and trash enclosure. Regarding interior improvements, each unit will be renovated with new carpeting; tile; doors; windows; hardware; etc. In the attached garages, storage spaces will be added for each unit. F. Separate Service Meters: Each unit has individual gas and electric meters. A Homeowners Association will be responsible for the water and sewer service utility meters. The Applicant shall provide CC&R's prior to final map approval showing how this will be satisfied. G. The Applicant submitted a "Property Condition Assessment Report" (see Attachment F) for review by the City's Building Official. The report concludes that the existing apartment complex is in overall good to fair condition, with a few defects. The assessment identifies immediate repairs and short-term intermediate repairs. The Applicant is required to complete the improvements listed in Section 1.3, lA, and N of Attachment F and install new windows, prior to Building Permit approval. H. CC&Rs: The Project is conditioned to provide evidence of declarations of covenants, conditions and restrictions in conjunction with approval of the Final Map. VII. COMPLIANCE WITH GOVERNMENT CODE SECTIONS 66451.3 AND 66452.5 Noticing Documentation Government Code Sections 66451.3 and 66452.5 requires notification of a tenant's right to a public hearing. The City of Chula Vista provided notices to tenants and surrounding property owners of all required public hearing for the Project, and the Applicant has satisfied the following noticing requirements at the time of submittal of the Tentative Map, which includes a 60-day "Notice ofIntent to Convert", "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. 06-12, subject to the general and special conditions set forth below. VIII. Government Code Section 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. 4 2-13 Resolution No. 2006- Page 5 IX. GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project The Applicant, or his/her successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 06-12, 582 Arizona Street. B. Design Consistency The Applicant shall develop the condominium units in accordance with all applicable City of Chula Vista Design Guidelines and in accordance with the DRC-06-55 approval by the Zoning Administrator. X. SPECIAL CONDITIONS OF APPROVAL A. The conditions herein imposed on the Tentative Map approval or other entitlement herein contained is approximately proportional both to nature and extent of impact created by the proposed development. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed by the applicant or successor-in- interest to the City's satisfaction prior to approval of the Final Map, unless otherwise specified: GENERAL / PLANNING AND BUILDING 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Applicant as to any or all of the property. 2. Applicant and his/her successors in interest shall, comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Subdivision Map and as recommended for approval by the Planning Commission on October 25, 2006, and DRC 06-55 approval by the Zoning Administrator. The Applicant shall enter into an agreement (Subdivision Improvement Agreement and Supplemental Subdivision Improvement Agreement) with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require compliance with the above regulatory documents. Said Agreement shall also ensure that, after approval of the Final Map, the Applicant and his/her successors in interest will continue to comply, remain in compliance, and implement such Plans. 3. Applicant shall schedule a meeting with the current tenants to present alternative rental housing opportunities and assistance in relocation in conjunction with the presentation of the schedule for the phasing of the conversion of the apartments to condominiums prior to Final Map approval. 4. Prior to recordation of the Final Map, the Applicant shall submit evidence 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 pursuant to Government Code Section 66427.1, or a schedule detailing required future notifications: 5 2-14 Resolution No. 2006- Page 6 a. 10-day notice to all existing tenants of an application of a Public Report - "Form C" (If submitted to State Dept. of Real Estate prior to Final Map approval). b. 10-day Notice to all existing tenants of Final Map approval- "Form D". c. Notice to all prospective tenants of option to purchase/termination of tenancy ~ "Form E. d. 90-day Notice to all existing tenants of option to purchase/termination of tenancy - "Form F", e. 180-day notice to all existing tenants of intent to convert/termination of tenancy ~ "Form 6". 5. Prior to recordation of the Final Map, the location of the proposed trash enclosure shall be moved from the center of the parking lot to the rear of the parking lot, or to another location approved by the Director of Planning and Building. 6. Any and all agreements that the Applicant is required to enter into hereunder shall be in a form approved by the City Attorney. DRAINAGE & NPDES I. All onsite drainage facilities shall be private. 2. The Applicant is required to prepare and submit a Water Quality Technical Report describing structural and non-structural Best Management Practices (BMPs) that will be implemented to prevent discharge of pollutants from the project site to public storm drainage systems. BMPs should intercept runoff from the project site and pre-treat said runoff prior to discharge to the public storm water conveyance system. Identify proposed BMP facilities to be used to treat storm water runoff from the site as part of the project Water Quality Technical Report. Said BMP facilities shall be inspected and approved by the City's Storm Water Inspector prior to final map approval. 3. The Applicant shall enter into an agreement to fully implement NPDES best management practices ("BMPs") to reduce the amount of pollutants entering the City's storm water conveyance system, including but not limited to: a. Installing and using efficient irrigation systems and landscape design; more specifically: 1. Employ rain shutoff devices to prevent irrigation after precipitation. 11. Adjust irrigation systems to each landscape area's specific water requirements 111. Using flow reducers or shutoff valves triggered by a pressure drop to control water loss in the event of broken sprinkler heads or lines. IV. Employing other comparable, equally effective, methods to reduce irrigation water runoff. b. Employing integrated pest management principles. More specifically, eliminate and/or reduce the need for pesticide use by implementing Integrated Pest Management (IPM), including: 1) planting pest-resistant or well-adapted plant varieties such as native plants; 2) discouraging pests in the landscaping design; and 3) distributing IPM educational materials to homeowners/residents. Minimally, educational materials must address the 6 2-15 Resolution No. 2006- Page 7 following topics: keeping pests out of buildings and landscaping using barriers, screens, and caulking; physical pest elimination techniques, such as, weeding, squashing, trapping, washing, or pruning out pests; relying on natural enemies to eat pests; and, proper use of pesticides as a last line of defense. SEWER 1. The onsite sewer system shall be private. All sewer laterals shall be privately maintained from each building and/or condo unit to the City maintained public sewer main within Arizona Street. 2. The Developer/Owner shall establish a homeowners association to fund and oversee a contract for the maintenance of the onsite private sewer system. The frequency of maintenance of the sewer system shall be contained in the provisions of the Codes, Covenants & Restrictions (CC&Rs). The City Engineer and Director of Public Works shall approve the provisions of the CC&Rs regarding the onsite private sewer system. STREETS 1. Streets within the development shall be private. 2. Remove and replace driveway along Arizona Street for compliance with ADA pedestrian access route requirements. Said work shall be done under a Chula Vista construction permit using Chula Vista Construction Standard CVCS-l for driveways. CC&R'S 1. Submit Covenants, Conditions, and Restrictions ("CC&Rs") as approved by the City Attorney to the City Engineer and Director of Planning and Building for approval, prior to approval of the Final Map. Said CC&Rs shall include the following: a. The creation of a Homeowner's Association ("HOA"), which shall, among other things, be responsible for maintaining all common facilities within the Project including, but not limited to: walls, fences, water fountains, lighting structures, fire sprinklers and alarm systems, paths, trails, access roads, drainage structures, water treatment facilities, recreational amenities and structures, landscaping, trees, streets, parking lots, driveways, and private sewage and storm drain systems. b. Language stating that the landscaping shall be maintained by the HOA in a healthy and thriving condition at all times. b. A listing of all maintained private facilities. c. Language that indemnifies and holds harmless the City from any claims, demands, causes of action liability or loss, including claims arising from the maintenance activities of HOA, including but not limited to private sewer spillage. e. The City's right but not the obligation to enforce CC&Rs. 7 2-16 Resolution No. 2006- Page 8 f. An insurance provision requiring the HOA to maintain a policy of comprehensive general liability insurance written on a per-occurrence basis in an amount not less than one million dollars ($1,000,000) combined single limit. The policy shall be acceptable to the City and name the City as additional insured. g. The City must approve any revisions to provisions of the CC&Rs that may particularly affect the City. Furthermore, the HOA shall not seek approval from the City of said revisions without the prior consent of one hundred percent (100%) of the holders of first mortgages and one-hundred percent (100%) of the property owners, unless the Director of Planning and Building waives this requirement. h. The HOA shall not seek to be released by the City of any maintenance obligations without the prior written consent of the City and one hundred percent (100%) of the holders of first mortgages and one hundred percent 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 ITom all on-site sources into the storm water conveyance system. J. The HOA shall maintain, in perpetuity, membership in an advance notice service/system such as the USA Dig Alert Service and shall cause any private facilities of the property owners or HOA to be marked out whenever work is performed in the area. k. The CC&Rs shall include NPDES provisions for the perpetual and routine maintenance of structural BMPs, private sewer and storm drain facilities for the purpose of preventing and in such a manner as to prevent the discharge of non-storm water pollutants to the public storm water conveyance system. The CC&Rs shall include the requirement to maintain records for the past 10 years of the BMP implementation, inspections, and maintenance activities. I. Trash and Recycling program requirements shall be incorporated into the project CC&Rs to the satisfaction of the City's Conservation Coordinator. m. Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and shall be recorded concurrently with the final map. n. Fire service lateral and water supply to buildings, including on-site fire hydrants, must be maintained and operational at all times to the satisfaction ofthe Fire Marshall. Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and shall be recorded concurrently with the final map. 2. Submit homeowners association (HOA) budget for review and approval by the City Engineer for the maintenance of private streets, storm drains and sewage systems. Said budget shall include the following maintenance activities: a. Streets must be sealed every 7 years and overlaid every 20 years. b. Sewers must be cleaned once a year with a contingency for emergencies. c. Red curbs / striping must be painted once every three years. 8 2-17 Resolution No. 2006- Page 9 EASEMENTS I. All existing easements and irrevocable offers of dedication shall be shown on the Final Map. A title report dated within 60 days of submittal of the Final Map shall be submitted together with backing documents for all existing public utility easements and offers of dedication. Developer shall submit evidence of noticing to all existing public utility easement holders within the project boundaries as required by the Section 66436 of the Subdivision Map Act. AGREEMENTS I. Applicant shall enter into an agreement wherein the Applicant agrees to the following; 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 wit regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 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. Implement and sustain in perpetuity, a source control storm water quality management program as outlined in the Water Quality Technical Report. e. Ensure that all franchised cable television companies ("Cable Companies") are permitted equal opportunity to place conduit and provide cable television service to each condominium unit within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. MISCELLANEOUS 1. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83). 2. Submit copies of the Final Map in a digital format such as (DXF) graphic file prior to approval of the Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 3 Yz HD floppy disk prior to the approval of the Final Map. 3. Submit a conformed copy of a recorded tax certificate covering the property prior to approval of the Final Map. 9 2-18 Resolution No. 2006- Page 10 4. Provide evidence to the satisfaction of the City Engineer of compliance with all tenant noticing requirements per Section 66427.1 of the Subdivision Map Act prior to approval of the Final Map. B. The following Conditions of Approval shall be satisfied prior to Building Permit approval, unless otherwise noted: 1. Obtain approval of a building permit for the storage, trash enclosure, exterior and interior remodel of each condominium unit, and items listed in the "Property Condition Assessment Report". 2. Complete all the following improvements: a. All items listed in Section 1.3, Recommended Immediate Repairs of the Property Condition Assessmt Report (Attachemnt F) b. All items listed in Section 1.4, Recommended Short-Term and Intermediate-Term Repairs of the Property Condition Assessment Report c. Section N, Other Comments of the Property Copndition Assessment Report, pertaining to the stair system and landscaping of the property d. New windows complying with the 2005 California Energy requirements 3. The Project's exterior and interior upgrades for the site shall be constructed in accordance with the approved DRC-06-55 design review permit. 4. The building permit shall provide landscaping or cabinets to shield the view of the meters in the front and side of the building from public view. 5. Provide specific detail of the design, shape, and color of the enhanced paving along the driveway and BBQ area on the landscape plan. 6. Applicant shall install two hanging storage cabinets in the eXlstmg garages each containing 102 cu. ft. for a total 204 cu. ft. within the garage area to the satisfaction of the Director of Planning and Building. An additional 80 cu. ft of storage space is currently being provided on the second floor deck. The combined total area of storage space is 284 cu. ft. for each unit, which exceeds the minimum requirement. The applicant shall obtain a building permit for the installation of the required storage and shall be installed prior to final inspection or occupancy of the condominiums. 7. Comply with requirements of the approved "Recycling and Solid Waste Management Plan" to the satisfaction of the City's Conservation Coordinator. The plan shall demonstrate those steps the applicant will take to comply with Municipal Code, including but not limited to Sections 8.24 and 8.25, and meet the State mandate to reduce or divert at least 50 percent of the waste generated by all residential, commercial and industrial developments. The applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. The plan shall incorporate any trash enclosure re-design required for compliance with the City's NPDES permit. 10 2-19 Resolution No. 2006- Page II 8. Show that walls and ceilings meeting the current Uniform Building Code standards regarding fire and sound attenuation have been installed between airspaces of the condominium units, to the satisfaction of the City Building Official and Director of Planning and Building. If said walls and ceiling do not meet said standards, then the walls and ceiling shall be modified to conform to the Uniform Building Code. X. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. 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 more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: Ann Moore City Attorney James D. Sandoval Planning and Building Director J:\Planning\KIM\Resolutions\City Council\PCS~06-12, 582 Arizona Condo Conversion.doc II 2-20 ~Jft... :-~: ~~ "'-~~""I':;,... - - -- Zoning Administrator CllY OF CHUIA VISTA NOTICE OF DECISION On DRC-06-55, 582 Arizona Street 12-Unit Condominium Conversion Notice is hereby given that the Zoning Administrator has considered Design Review Application DRC-06-55, to allow the conversion of an existing l2-unit apartment complex to a l2-unit condominium complex located at 582 Arizona Street in the Apartment Residential (RJ) Zone. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has detennined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301 (existing facilities) of the State CEQA Guidelines. Thus, no further environmental review is necessary. The Zoning Administrator, under the provisions of Section 19.14.582 (I) of the Chula Vista Municipal Code, has conditionally approved said request based upon the following findings of facts: 1. That the proposed development is consistent with the development regulations of the R-3 Zone. The proposed project also includes a Tentative Subdivision Map to convert an eXIstmg l2-unit apartment complex to a l2-unit condominium complex. The complex consists of 2 3-story rectangular buildings containing a total of 12 3-bedroom units, 12 2-car garages, with two additional open parking spaces and landscaped areas. The complex was constructed in 1989 after it was approved by the Design Review Committee. No significant exterior structural changes are proposed. Therefore, the project is consistent with the development regulations for the R-3 zone including setbacks, height, open space, and parking. 2. The design features of the proposed development are consistent with, and are a cost effective method of satisfying, the City of Chula Vista Design Manual and Landscape Manual. The existing buildings will not have significant exterior changes, but will have minor design upgrades, which includes repairing and repainting exterior surfaces, re-striping the parking area, enhance the landscaping and fence, and provide a new trash enclosure. For interior improvements, each unit will be renovated to provide new carpet, tile, doors, windows, hardware, etc. The project also includes common open space and private balconies and patios. The project, as proposed satisfies the recommendations of the Chula Vista Design Manual and Landscape Manual. 2-21 ATTACHMENTD Approval ofDRC-06-55 is conditioned upon the following: I. Prior to the issuance of any permits for improvements or modifications, the following conditions shall be satisfied: A. The property owner and the applicant shall execute this document by making a true copy of this Notice of Decision and signing both this original notice and the copy on the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein, and will implement same. In addition, the property owners shall execute an owner participation agreement with the redevelopment agency upon approval of the project by the redevelopment agency. Upon execution, the true copy with original signatures shall be returned to the Planning Department. Failure to return the signed true copy of this document prior to submittal for building permits to the Planning Department shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of property owner Date Signature of Authorized Representative Date Planning and Building Department Conditions: B. This Design Review approval is subject to the approval and conditions set forth in the Tentative Map application, PCS-06-l2, which shall be approved by the Planning Commission and City Council. C. Building permits are required for the proposed improvements to the site. The building permit shall not be submitted until after the PSC-06-l2 approval has been obtained. D. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the Chula Vista Municipal Code regarding graffiti control. 2-22 General Services Department Conditions: E. Each applicant for a building pennit shall develop and submit a "Recycling and Solid Waste Management Plan" to the City's Conservation Coordinator for review and approval. The plan shall demonstrate those steps that the applicant will take to comply with the Municipal Code, including but not limited to Sections 8.24 and 8.25, and meet the State mandate to reduce or divert 50 % of the waste generated by commercial, residential and industrial developments. The applicant shall contract with the City's franchise hauler throughout the constmction and occupancy phase of the project. II. Prior to the final inspection or occupancy of the condominium building, the following requirements shall be satisfied: A. The site shall be modified in accordance with the approved plans, which include site plan, floor plan, elevation plan, and landscape plans dated June 15,2006 on file in the Planning Division, the conditions contained herein and Title 19. B. Re-surface and re-stripe the parking area shall comply with the applicable Zoning req uirem ems. C The applicant shall paint the buildings with the approved colors per color/material samples on file with the Depm1ment of Planning and Building. D. Design of the exterior of any modified improvements, including but not limited to repairing and re-painting exterior surfaces of the buildings, trash enclosures, balconies, and fencing shall match the color and materials of the exterior finish of the buildings. E. Repair and replace the existing landscape as specified on the plans, and continue to maintain the landscaping, as well as the barbeque and picnic facilities in a manner that complies the City Design Manual and Landscape Manual, and the previously approved landscape plm1. APPROVED BY ZONING ADMINISTRATOR OF THE CITY OF CHULA VISTA, CALIFORJJIA, this 4th day of August 2006. ;J;' LH/CY 2-23 582 Arizona Street Chula Vista CA Project Description: The proposed project consists of 12 town home style rental units, each share similar floor plans consisting of three bedrooms two and a half bathrooms, approximately 950 sq feet each. The project was built in 1989 and consists of 2 three story rectangular buildings. Each building includes 6 two car garages on the grade level, and there are 2 additional open concrete surface spaces available. There are Washer and Dryer hook ups in each unit. If converted to condominiums the project will be completely renovated as follows: RENOVATIONS TO EXTERIOR CO]\,;Il\IION AREA . Paint Exterior of each element of the building . Re-surface and re-stripe parking . Enhance landscaping per city code . New trash enclosure RENO V ATIONS TO OOERIOR UNITS r . Complete new paint Complete new kitchen New Appliances Including washer and dryers New interior doors. base. crown molding, and casing New Vinyl Wind'ows New Window coverings New Flooring TIYoughout (tile, carpet) Complete new bathroom New lighting fixt)lres and ceiling fans New door hardware interior and exterior New storage in ~\lch garage. . . . . . . . . . . This project will be totally repaired, replaced and enhanced wherever necessary to bring the entire community and all common areas to endure the maximum amount of time for each component before replacement. The conversion of the property will provide 12 three bedroom, two and half bath with 2 car parking garages for first time and lower income home purchasers Chula Vista where very few affordable priced homes are available. All elements of the community will be brought up to like new conditions as part of the refurbishment. Sincerely, Floit Homes, Inc 2-24 ATTACHMENT E REPORT Property Condition Assessment A Multi-Dwelling Complex 582 Arizona Street Chula Vista, San Diego County, California 91911-1732 Prepared For DAN FLOIT and J1M & GALE M. KR<\USE c/o Archstone Management Consultants 710 Camino De La Reina Suite 129 San Diego, California 92108-3216 Attention: Mr. Joseph Scarlatti Prepared By JCEP!Huang Consulting Engineers, Inc. 217 Via Lara Dos Vientos Ranch, California 91320 2-25 '-"~~;~fC--'~'":...,~ ....~:/., \1 t\lJ LJ.J,I(),_'I'''::':~ !(-::'\:\)><I~{~---;~~';!/ ~, //,,,-~./,\,,\ u !...; -"(';',\, t~r-;;<" . .'. ':~.1~(;;~~\ n, r~J) ,~:..::, 7l9"3 \ ',j ! !j 1;\..~,\ !..,~] 1';Z , : if \ \ ,,;.// \ \ ;/ ';;\ ','., / "',J',, i'. , ,I ''<~-Lc)t~~~fJ'j'\>/ "--",,-'~-, Project No. 12-C-01835 December, 2003 ATTACHMENT F SECTION 1.0 EXECUTIVE SUNrMARY ..... 1.1 General Description... TABLE OF CONTENTS .................. ................ ............. PAGE ...............................4 ....................4 ............ ............... 1.2 General Physical Codition............ ........4 ............. ..................... ............... 13 Recommended Immediate Repairs.. ......5 ................. ................. 1.4 Recommended Short Tenn & Intennediate Tenn Repairs ................. .................6 2.0 SCOPE OF WORK & LIMJTATION....... ............. ...................7 3.0 4.0 L M N SALJENT INFOR1V1ATION....................... ........................9 ................. ............. ......... SYSTEM DESCRIPTION AND OBSERVATION ....10 ............. ... ..................,. A Electrical ...... 10 ............ ............... B Plumbing. . . ...10 ............ ........... C Utilities.. . ... ......11 ......... ......-.. .........-- . . . . . . . . . . . . D Walls, Ceilings and Windows...... .. ...11 .... ....... E Recreational Facilities.. ... ...12 ............... .............. F Sound Transmission Classification (STC) and Insulation.. ............ ...12 G Roofs. .... ... ... .....13 .......... ......... ......... ........ . H Parking Facilities and Driveway... .... ...13 ...................... I Appliances... ... ..14 ........................ .......... ...........- J Mechanical Equipment .14 ............. K Insulation Standards. . .. ..15 ............... Structural.. .. ...... ..15 ......... Foundations. . ......16 ................ . ........ Other Comments.. ... .16 3 2-26 1.0 EXECUTIVE SUMMARY 1.1 General Description JCEPlHuang completed a property condition assessment (PCA) of a multi- dwelling complex located at 582 Arizona Street in Chula Vista, San Diego County, California 91911-1732 at the request of Lindsay Erickson of West one Management Consultants. As a part of the PCA, an on-site walk through observation was made on December 15, 2003 with Jessica Hall of West one Management Consultants. The subject property contains 12 three-bedroom and 2Y2 -bathroom townhome units scattered in 2 three-story, rectangular -shaped wood rramed buildings. The grade level of each building accommodates garages, while the upper levels of each building contains living spaces. Construction of the facility was completed in 1989 on an urban lot in the City ofChula Vista. All 12 townhome units have very similar floor plans. Reportedly, the townhomes have a rentable space of an approximated 11,702 square feet. Additionally, each building provides 6 two-car garages on the grade level together with 4 reinforced concrete paved open surface parking spaces, and associated hardscape and landscape. Due to the mild climate condition of the location and like many apartments in the area, the subject townhomes is not air conditioned for cooling. Heating is provided by individual electric wall mount heater in each unit. Domestic hot water for the townhomes is provided by individual gas-fired hot water heater contained in the utility closet of each townhome. Each dwelling unit is furnished with a gas range/oven, a dishwasher, counter tops and cabinets, a sink and garbage disposal, and a remgerator. WasherJDryer hook-up is available. The electric distribution panels and individual electric meters, and the gas meters are hung on the wall of each building near the ground. Fully automated fire- sprinkler system is provided for the garages. Smoke detectors are available for the townhomes, and the public areas of the buildings are fitted with fire extinguishers. Each building is equipped with a fire alarm hung on the exterior wall. Addition- ally, fire hydrants are located along the city street sidewalks by the property as required by the current fire code. 1.2 General Physical Condition The subj ect property appears adequately maintained and in overall good to fair conditions with a few defects noted. Components of the buildings are composed of durable materials and sturdy construction. It is JCEPlHuang's opinion that the subject property is comparable to other similar properties of similar age in this 2-27 4 area and, subj ect to a continued program of sustained preventative maintenance, the remaining economic life of the subject buildings should exceed 35 years. 1.3 Recommended Immediate Repairs (within 12 months) Deferred maintenance and physical deficiencies for which actions are recom- mended represent potentially unsafe conditions, material code violations, and items that require corrective works on a higher priority than routine work. Based upon observations conducted during the property visit, the following objectionable property conditions that require immediate corrective works were identified: . Gap between the exterior stair wood stringer and the wing wall was noted at about six (6) stair locations (see photo #22). As this condition does not appear to be a structural problem, but the gap will cause water entry and, therefore, eventually induce water damages to the wood stringers and the wing walls. It is recommended that the gaps be sealed by resilient caulking compound of high quality following proper surface preparations. And then cover the sealed gaps with watertight sheet metal flashings securely fastened to the surfaces. ESTIMATED COST: $3,000.00 . Planters near the entrances to the dwelling units appear to have been ignored, and the areas have become unsightly. (See photo #27) It is recommended that these planters be filled with washed rocks. Check the drains, flush and snake if necessary, and also cap the sprinkler heads in the planters. ESTIMATED COST $1,500.00 . Bare areas and eroded slopes were observed in several locations in the property (See photos #21, #23 & #24) It is recommended that deep-root dwarf bushes be planted following regrading and compacting the slopes. Also repair and adjust irrigation systems for the proper spraying of water (away fTom the buildings and thoroughly cover the plants). ESTINIATED COST $6,000.00 _ 2-28 5 1.4 Recommended Short Term and Intermediate Term Repairs (between 1 to 5 years) We understand that the owner of the townhomes has a planned 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/replacement 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 the heating units. The following intermediate term repairs are recommended: . Paint the building exteriors and all exterior elements, including wood trims, stairs, fences and trash enclosure. . Apply elastomeric waterproofing paint on the stair landings/breezeways and balconies with localized necessary repairs. The above works can be incorporated into the planned Renovation Program of the property. 2-29 6 2.0 SCOPE OF WORK A.1'ID LIMITATIONS Scope of Work for this PCA is based upon the requirements as outlined by Westone Management Consultants, and includes the following: A. Electrical B. Plumbing C Utilities D. Walls, Ceilings and Windows E. Recreation Facilities F. Sound Transmission Classification (STC) and Insulation G. Roofs H. Parking Facilities and Driveway 1. Appliances 1. Mechanical Equipment K Insulation Standards L. Structural M. Foundations N. Other Comments This report represents a statement of the physical condition of the building and property based upon visual site observation, professional analysis and judgment, and is current only as of the date of the site observation. The report applies only to those portions of the property and/or items and equipment that were capable of being visually observed. Walls and ceilings were not opened to observe covered, hidden, or concealed conditions. In addition, no sampling was conducted of any property components. Drawings and specifications were not available for JCEPlHuang's review. We have performed our services and prepared this report in accordance with the generally accepted construction consulting practices, and make no warranties, either expressed or implied, as to the character and nature of such services and product. The report is not to be construed as a warranty or guarantee of future building conditions or as an estimate of value. Cost estimates used in the report are preliminary in nature and represent a range of probable costs. Firm price quotations ITom contractors, vendors, or suppliers would be required for more detailed costs, and would be based upon a detailed definition of the proposed scope of work. 2-30 7 In evaluating the property, "Good" is the best condition with a consistent maintenance of the building and grounds, and all the building equipment in sound operating condition. A "Fair" rating shows some wear or damage requiring repair or replacement work. A "Poor" condition is clearly the worst, with a uniform 'run-down' appearance, damaged elements of the building or inoperable systems present. 2-31 8 3.0 SALIENT INFORMATION Project 12-C-01835 Property Name A Multi-Dwelling Complex 582 Arizona Street Property Address Chula Vista, San Diego County, California 91911-1732 Year Built 1989 : Year Renovated The townhomes will be renovated within 2 to 3 years. I R3, Multiple Dwelling, current usage of the property is I Zoning in conformance with the zoning requirement Occupancy Group B-2 Construction Type V-I, the grade level garages are fire-sprinklered Number of Buildings Two rectangular-shaped buildings. Number of dwelling units 12 thTee-bedroom and 2 Y2 -bathToom units. I Owner Dan Floit and Jim and Gale M. Krause Occupancy Rate 100% Number of Stories Three-story, grade level garages and two levels of dwelling units above. Basement None Lot Size NA Total Building Area Approximately 11,702 square feet, rentable Number of Parking Spaces 12 two-car garages, or one garage per unit, and 4 concrete paved surface parking. Property Visit Date December 15, 2003 Property Visit Conducted by Johnny Huang, P.E. Jessica Hall of West one Management Consultants I Accompanied By Tel: 619-299-9194 Fax: 619-299-9197 Weather Sunny, mid 70's 2-32 Q 4.0 SYSTEM DESCRIPTION AND OBSERVATION A. Electrical Description: Electrical services for the townhomes are fi:om an electric pole mounted, and San Diego Gas and Electricity owned transformer through underground conduits to each building's distribution panels. Tenants are individually metered for electric services. Power to each building is provided at 120/240-volts. Each dwelling unit is provided with a 120-volt, 100-ampere, 3-wire, single-phase system. Circuit breakers are provided for overload protection. Observed conductors and wiring appeared to be copper enclosed in metallic and plastic conduits. Observations/Comments: The serviceable life span of the electric system is usually estimated at around 50 years. Electric system of the property appeared adequately maintained and in good condition. It is recommended, however, that SDG&E be contacted to examine the electrical system to ascertain the safety of the system. B. Plumbing: Description: Domestic water and natural gas services are by way of underground installation to the property. Plumbing system of the subject buildings includes necessary hot and cold water supplies, drainage, waste, vents and natural gas. Water supply, waste, drainage and vent lines consist of copper water piping, cast iron and ABS waste and vent piping, and steel natural gas piping. Sanitary sewers and storm wastes are discharged to the respective public infrastructures. No sewage lift stations were observed during the property visit. Domestic hot water for the townhomes is provided by individual gas-fired hot water heaters contained in the utility closet of each townhome unit. Townhome bathroom fixtures consist offJoor supported artificial marble lavatories with wood cabinets, floor mounted water closets and white fiberglass bathtubs with showers. Fully automated fire-sprinkler systems are provided for the garages. Observations/Comments: Plumbing system of the subject property, including the fITe-sprinkler systems, was observed in satisfactory condition, and appeared adequately maintained. Observed hot water heaters appeared properly strapped to the adjacent walls for seismic safety. As a part of the planned Renovation Program to up-grade the property, all bathroom fixtures be repaired/replaced on an as-need basis. 2-33 In As a safety measure, JCEP/Huang recommends that the natural gas system be checked by the utility company. c. Utilities Description: JCEP/Huang was infonned by the Management of the Townhomes that the following companies and municipality currently provide utility services to the subject property: UTILITY PROVIDER Electricity San Diego Gas and Electricity (SDG&E) Natural Gas SDG&E Sanitary Sewerage City ofChula Vista Potable Water Citv of Chula Vista Solid Waste Removal Pacific Waster Service Gas and water services are underground. Electrical services are from electric pole supported and SDG&E owned transformer with underground conductors routed to the electrical equipment closet attached to the side wall of each townhome. Tenants are individually metered and billed for electricity and gas. Observations/Comments: Observed utility services are in good working orders without obvious distresses noted. As a safety precaution, it is recommended that SDG&E be contacted to examine the electrical and natural gas installations. D. Walls, Ceilings and Windows Description: Exterior walls of the townhome buildings are observed to be constructed of operable windows, sliding patio doors, painted stucco, painted wood trims and painted metal railings. Typically, the stucco is likely to be over metal wire lath and water-repellent building paper on plywood backing supported on wood studs and the building structure. Window and door openings are likely to have been reinforced with additional wood members for stress transferring continuity. Balcony decks and landings/breezeways are of waterproofing treated wood planks supported on wood framing. Townhome unit entry doors are of solid core f\fe-rated type with twist- action door knobs and dead bolt hardwares. Interior doors are typically of hollow core units. Windows and balcony doors are of aluminum framed single glass operable units with meshed metal screens. 2-34 II Ceilings of the townhomes are of texture painted drywall construction. Interior walls are of texture painted gypsum boards supported on 2 x 4 or 2 x 6 wood studs. Natural wood fences and painted metal fences are provided along the boundaries of the property. Observations/Comments: No structural distresses were noted on the exterior walls. The walls remain to be straight, in line and plumb. It is recommended that all building exteriors be painted with a high quality elastomeric paint. Exterior paint includes balcony enclosures, property fences, stairs and landingslbreezeways, and trash enclosures. Additionally, JCEPfHuang also recommends that the balcony deck and the landings and breezeways be waterproofed with necessary localized repairs. The above works can be incorporated with the planned Renovation Program. As a part of the planned Renovation Program to up-grade the property, interiors of the townhomes will be painted, flooring, windows and doors will be repaired/replaced on an as-need basis. E. Recreational Facilities There are no recreation facilities associated with this property. F. Sound Transmission Classification (STC) and Insulation Description: Wood rramed residential buildings constructed in the 1980's usually feature staggered stud walls with a 2 inch air space, fiberglass insulation, offset electrical junction boxes and drywalls. The wall assembly has a Sound Transmission Classification (STC) of 59 as per Section 1.2.4.1.4.6 of the Owens Coming Fiberglass Test No. Oct W-28-90 test manual. The Uniform Building Code (UBC) requirement for airborne sound insulation for wall and floor/ceiling assemblies in Group R occupancies (measured by the STC rating) is 50 (45 if field tested). The requirement for TIC ratings of separating floor/ceiling assemblies is 50 also (45 if field tested). The actual assemblies of this multi-dwelling complex appear to have provided greater sound and impact attenuation than required by Code. Observations/Comments: No architectural drawings were available for JCEPfHuang's review. But it is the standard practice for wood rramed residential structures in the 1980' s to have 2 x 6 and 2 x 4 studs at 24" or 16" cavity walls. Such cavities can easily accommodate enough fiberglass 2-35 12 insulations to attain code required sound proofing and energy insulation ratings. It is JCEP/Huang's opinion that the subject buildings are likely to have STC at 50 or more and insulation valve at R-19 or more. G. Roofs Description: The townhome buildings are weatherproofed with conventional pitched roofmg system over plywood roof sheathing supported on wood frame composed of trusses, rafters, joists, posts, and studs. The subject pitched roofing system is composed of asphalt impregnated and mineral surfaced roofing shingles over heavy felts supported on wood roof framing. Rainwater splashes down to the ground. Drainage of rainwater depends on the surface drainage system of the concrete paved driveway and walkways, and the percolation of the landscaped areas. Catchbasin is provided on the concrete driveway, while area drains are available on the concrete walkways. Roofing cement, metal flashing and counterflashing, roof jacks, and other waterproofing materials and devices are implemented at joints of the roof and penetration locations. Pitched roofing system is a proven waterproofing product with a long and impressive performance record. A well constructed roofing system of the project type with proper maintenance effort can easily last 20 to 25 years, provided that the underlying felts are shielded from the ultra-violet rays of the sun. Observations/Comments: Management of the townhomes advised that there were no roof leak reports, and no signs of roof leak were noted during our on-site walk through observations. The roofing system appeared adequately maintained and in good condition. No immediate repairs are needed. H. Parking Facilities and Driveway Description: Accesses to and from the property are by way of city street curb cuts along Arizona Street parallel to the northern boundary of the site. On-site driveway and parking lots are paved with reinforced concrete slab over engineered base. The concrete pavements are noticeably sloped away from the building structure and toward the center swale and the catchbasin for proper drainage. 2-36 , " A total of 12 two-car garages are provided, 6 garages at each building for one garage per townhome unit. The garage decks are of reinforced concrete slabs-on-grade, and are the lowest level for the townhome buildings. Additionally, 4 concrete paved open parking spaces are available on-site. And street parking is also available in the neighborhood. Observations/Comments: Parking appears to be well defined by white stripes, and the parking stalls appear to be large enough to easily accommodate vehicles. No differential settlements were noted on the garage decks, parking lots and driveway which may be an indication that the reinforced concrete pavement was properly prepared and compacted during the initial construction. Driveway, garage decks and parking lots appeared adequately maintained and in good condition. I. Appliances Description: Each kitchen is equipped with a gas stove/oven, a dishwasher, a refrigerator, a sink and garbage disposal, counter tops and cabinets. Due to variations of usages and cares, conditions of the appliances are different from unit to unit. Management of the property advised that the rate of replacement of appliances is at an average of about one for each category per year. Observations/Comments: Rate of replacement of appliances is about average for the size of the townhomes (10 units to 15 units). We understand that repairs/replacements of the appliances will be a part of the planned Renovation of the subj ect property. J. Mechanical Equipment Description: Due to the mild climate condition of the location and like many multi-dwelling complexes in the project area, the subject buildings are not provided with mechanical air conditioning. Heating of the townhomes is provided by individual electric wall heaters in each unit. Comfort level of the townhomes is controlled by wall-mounted thennostats. Bathrooms and kitchens are equipped with wall switches controlled exhaust fans. Exhausts are ducted through the roofs. Ventilation of the townbome units is by gravity and natural breeze. Observations/Comments: Equipment capacity of the mechanical system appears to be adequate for the intended usages. And the system appears adequately maintained and in good condition. 2-37 14 We understand the repairs/replacements of the mechanical units are a part of the planned Renovation Program. K. Insulation Standards See Section F. L. Structural Description: Construction drawings and specifications of the project were not available for JCEP/Huang's review. As a result, the following descriptions are based on information provided by Westone Management Consultants, on-site observations, and engineering judgments. The two townhome buildings are 3-story wood framed structures, where the grade levels of the buildings are the garages, while the townhome units are on the first and second floors of the buildings. Ll. Vertical Support System The roofs of the townhome buildings are likely to be constructed of plywood sheathings over roof trusses and rafters on roof joists, posts and studs. The first and second floors are constructed of plywood floor sheathing over floor joists on posts and studs, and the concrete block walls around the garages. Ground floors of the buildings, the garage decks, are observed to be constructed of reinforced concrete slabs-on-grade over engineered fills L2. Lateral Support System Wind or earthquake (these two forces do not occur simultaneously) is transferred by the horizontal diaphragms (roof and floor sheathings) of the building structures to the shear walls. Finally, the lateral force is transferred to the foundation system for subsurface dissipation. The shear walls are the concrete block walls of the garages, and the interior and exterior walls of the buildings that are constructed of plywood and gypsum boards supported on 2 x 4 and 2 x 6 wood studs. . Observations/Comments: Low-rise wood structures have historically performed well under service loads and when subjected to wind or earthquake forces. 2-38 1< No structural distresses such as differential settlements, out of square comers, and significant cracks were noted during the property visit. The building structure appears to be in good condition. No structural repairs are required at this time. M. Foundations Description: The buildings are believed to be founded on conventional reinforced concrete foundation system. Bearing and shear walls are likely to be on continuous footings, while the posts are on spread footings. The ground floor is of reinforced concrete slab-on-grade over engineered fil1s. Observations/Comments: No structural distresses were noted on the visible portions of the foundations. The foundations appeared in good condition. N. Other Comments The following comments are applicable to the stair system and landscaping of the property. . Gap between the exterior stair wood stringer and the wing wal1 was noted at about six (6) stair locations (see photo #22). As this condition does not appear to be a structural problem, but the gap wil1 cause water entry and, therefore, eventually induce water damages to the wood stringers and the wing walls. It is recommended that the gaps be sealed by resilient caulking compound of high quality fol1owing proper surface preparations. And cover the sealed gaps with watertight sheet metal flashings securely fastened to the surfaces. ESTIMATED COST $3,000.00 . Planters near the entrances to the dwelling units appear to have been ignored, and the areas have become unsightly. (See photo #27) It is recommended that these planters be fil1ed with washed rocks. Check the drains, flush and snake if necessary, and also cap the sprinkler heads in the planters. ESTIMATED COST: $1,500.00 . Bare areas and eroded slopes were observed in several locations in the property. (See photos #21, #23 & #24) 2-39 16 It is recommended that deep-root dwarf bushes be planted following regrading and compacting the slopes. Also repair and adjust irrigation systems for the proper spraying of water (away rrom the buildings and thoroughly cover the plants). ESTIMATED COST $6,000.00 2-40 17 1. Front (north) elevation of the townhomes facing Arizona Street. Note: The fire alarm. 2. Concrete driveway leading to the tuck-nnder garages of the bnildings. Note: The noticeably sloped concrete pavement. 3. Well maintained landscaping facing Arizona Street. 4. Western elevation of the bnilding. Note: The concrete walkway and the metal fence. 2-42 5. The corner balcony. Note: The typical wood trims. 6. Typicallanding/breezeway accessing the townhome unit. 2-43 1/ / , , fl/ / , ;, , .i'/._'/ / j I' 7. Typical stairs accessing the townhome unit. Note: The fire e.:'Ctinguisher. ~- 8. Typical support frame for the balcony. 2-44 ~ ~ i ~ 9. The properly sloped concrete driveway. iVote: The trash enclosure. 4 10. Two parking spaces at the southern end of the site. 2-45 11. Area drain on the concrete walkway. 12. Catchbasin on the concrete driveway. 2-46 13. Sliding windows viewed from inside. 14. Sliding balcony door viewed from inside. 16. Typical bathroom. 15. Typical kitchen. 17. Typical gas-fired hot water heater. Note: The unit is strapped for Seismic safety. 18. Missing smoke detector that should be installed immediately. 2-49 19. Typical fire-sprinkler heads in the tuck-under garage. Note: The concrete block walL 20. Structural support for the balcony. Note: The fire-sprinkler head ill Front of the garage. 21. Concrete stairs between two buildings. Note: The bare area. 22. Gap between the stair stringer and the wing wall should be closed to prevent water entry. 2-51 23. The bare sloped area. 24. Water eroded slope. 2-52 25. Typical individual utility meters. 26. SDG&E owned transformer that supplies electricity to the property. 27. Typical bare spot by the entrance way to townhome units. Note: The stained and cracked wall area. 2-54 60 Day Tenant Notification that the Owner Intends to File an Application with the City of Chula Vistato Convert the Existing Apartments to Condominiums Delores Najera 582 Arizona St., Suite 8 Chula Vista, California 90911 The Owner(s) of the buildings located at 582 Arizona St., Chula Vista, California 90911, intends to file an application with the City of Chula Vista to convert the building to a condominium. You shall be given notice of each public hearing for which notice is required pursuant to sections 66451.3 and 66452.5 of the Government Code, and you have the right to appear and the right to be heard at any such hearing. 12-03-03 Date Archstone Management Consultants, LLC Authorized Agent for the Owners of the Property (C} ((~\ ro, \'v7 "." "~~! Lf'J Lf Archstone Management Consultants, LlC 710 Camino de La Reina, Suite 129 San Diego, California 92108 Phone 619-299-9194/5 Fax 619-299-9197 Emaii i5c~rja'ttjl'Ghc(;;-f..,jet 2-55 A TT ACHl\IIENT G - n'1/OS/2006 CS:4~ I:A:'\; 6o,~9}9}3)jti3'.5/" c.,':;;., ~'J__'c;;.~"-,'I..' '--'o.;....-.!- ....~ __ _ _ ..., FLiJIT-PRiJP.~ " I"~'\.U-l.. J!.l..i..o....~...... ....u !f1J 006 !fI.J005 11/16/2&0411:%5 FAX 819294~46. FLOIT PROP @'J02 CONDOMl'NIUM CON'..'ERSIONS- FORi"\1 B NOTICE TO PROSPECTIVE TENANT OF INTENT TO CONV:JU{T (PlilOR TO 1t:'aJcunON OF RENTAL A.G1l.1J.E.'ILENI) To the prcspective occupant( $) of: ~~.., 6 "'" (<1dclTess) fir! 2C1$_ . ,SI- ID (apartment #) The owneI(s) of this building" ort 5"3'~ 19r/~~ :; ~ (<Jdd:re:;s), has filed or pl-= to :fi1e a D<:s:ig:::. Ro\o'iew ..00 T<::nta.tivetParcel Map !lwlicatio.a with the City of ClllJ"", V:!St:i to convert "hio b'tri1~ to a condettnininn:l project. No units II1ay be sold :in. this building unle:;. the <;Oll''' _sian is approved by tho City of Chul.a VlSta and 1>nril after a pablic re"rGt iz imR!<;d by the ~~artu.J.<4lt of Real Estate. If you DecVIne a tenant of the. building. you ~1 be gi.-eD. U'}Uce of o=h h~ for which ootice is :required purswnt to Sections 66451.3 a:!ld 66452.,5 of the GoverI1T:le:l1t Code, aa.d you :bave the rigln to appear and the right to be hea."'d at any ~ hearing. Tne lJWJ1er or (l.w 'lct" s aget1J: ohall provide a tDtaj of five (:5) di:fferem. !:!D"""" tbrotJghom 1he approvoU pro~ 10 each t!:ttm'lt prior to the 1=1 vacating 1he premises due to the OOJI'".rernion.. The City of Chula Vist:ll. will notify eaclir t.ilaIJ,t of all 'ibr1!e plJblic hearings (DesigQ R....-Yiew Committee, Phnuing Commission, aJ:I.d City Coo:u.ol1) for the project approvaL If yuu tlioved in after the pro~" :had begau, the O'I'IIner 01" ownet's repre::>:;n1.anve sha11 int1rnn yuu of the O\Juerrt status of the project and how roan !!Oti= you will bo gi~ ~"jC Yac2t1ng <ho..,C v(4 .~ ~ e of owner or own",,'s 'Jg,)I!.t) 2l18/tP~ T (date) - Hla.Y<: recciveQ this notice on ?--. '3 . 0 Cf? /"', Il ~dat~C) .- /)(b~. .) L-J:: {pro~ve t 's Si~;!Jil (&':rl.:;" ?6427 .l(a) &:; <;64~2.8 ",,!!Ie GC>cn:m=t Code) 2-56 180 Day Notice To Tenants Of Intention To Convert the Apartments To Condominiums And Termination Of Tenancy Government Code Section 66427.1 The following written 180 day Notice to Tenants of Intention to Convert to Condominiums and Termination of Tenancy in accordance with Government Code section 66427.1 is provided to each tenant as follows: Delores Najera 582 Arizona St., Suite 8 Chula Vista, California 90911 The Owner(s) of the following described real property in the City of Chula Vista, State of California: See Attached Exhibit ':.4" (commonly known as 582 Arizona St., Chula Vista, CA 90911) Hereby provides 180 days written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion to condominiums of the real property described herein. 12-03-03 Date @@/Un t;:::::J t;? /' /./ '_~.' ~.;:h...../~~ .- Archstone Management Consultants, LLC Authorized Agent for the Owners of the Property Archstone Management Consultants, LLC 710 Camino de la Reina, Suite 129, San Diego, California 92108 Phone 619~299-9194/5r Fax 619-299-9197, Email iscarlattil@1cox.net 2-57 John & Kimberly Weaver 582 Arizona St. 10 Chula Vista CA 9~911 ;X . . . Camp'jete items' 1> 2,' and,3~-'AISO_G-orri_pie~r item 4 if Restricted Delivery is desired. . Print your name,and"address on tile-reverse so that we can return the_ card to you. iIIIl'-,Attach this card to the back of the mail'piece, ~}*~Qf on the front if space permits. .~~,. ,~~\Article P.,ddressed to: B. DYes o No Delores Najera 582 Arizona St. 8 Chula Vista CA 9~911 Type ertifiEJ-~'~1a,il-- "[J':,!=XDress l0ail o Register8:fJ~::-< ,::-:P'-:,ffl~t:'r~,ReC8iPt for Mercnandise '0. In'suredJ:Aair' ',:,'D::C:Q".O;; f:-;' Restricted: D~ljV:~r!i2j~hi;Ee~/i DYes 2. ,Articl13 ,N~mbm'~_,/:i~',:}~i:2di:lit! (Transfer from:sery/c;~;f4p!i?O:7_ , ',. ,-'.- ',',--" .. '. IAlex Reyes ,582 Arizona St. 9 jChula Vista CA 9~91l .: compj~t~:hi~' ItemA i(Rei. I, Print you(name,an -sQ,that 'N~~s~hit~fY' _II ;-.~ttach,t~js-'P~r~\~'8'~#t '<.or on:the'.front~if:::~'pace~R ". -- . ''''''-'''''"''''':;,;,'':''''':;.:i,,,;.'';'_'X,.,;;> 1. 'Articie-Ad-dr~ssed\tp-:'- o Express Mail o RetumReceipt for Merchandise o C.O.D. 2. Article Number - ,\" 2 S&e'trl M1 000'2 1[\00 [\044 I, DYes ~\(~ -.~ '::.- --- CIlY OF CHULA VISTA P I ann n g & Building Planning Division Department Development Processing APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financiai interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of aU persons having a financial interest in the property that is the subject of the application or the contract, 8.g., owner, applicant, contractor, subcontractor, material supplier. UftJ --:/. ' r..c..?// -cl,~ +- ~#.'I/~ / k"/J'5~ 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. 1/4 3. If any person"' identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. ~//I 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. ~rJ.< ElT ;- '~f"Y11 5. Has any person' associated with this contract had any financial dealings with an official" of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ NO-X- If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chuia Vista City Councii? No X. Yes _If yes, which Council member? 2-59 ATTACHMENT H 77(, J=n"rth AvpnllP Chili:> Vi~t,l CaliforniCl 91910 (6191691-5101 ~ \ ft.. ~f_~ P I ann n g & Building Planning Division Department Development Processing CI1Y OF CHUIA VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past Iwelve (12) months? (This includes being a source of income, money to retire a legal debt, gift. loan, etc.) Yes_ NO;K- If Yes, which official" and what was the nature of item provided? Date: s-/ ~/;b5--- / /\ (a ..s'1grurldre VAJ1/ MOil type name of Contractor! Applicant Print or Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 2-60 PLANNING COMMISSION AGENDA STATEMENT Item: ~ Meeting Date: 11/29/2006 ITEM TITLE: Public Hearing: PCC-05-044 consideration of a Conditional Use Pennit for a hand car wash facility and expansion of an existing mini-mart at a service station located within the Terra Nova Plaza Shopping Center at 350 East H Street. Applicant: Lorna Ratonel/Cannalor, Inc. The applicant, Lorna Ratonel/Cannalor, Inc., submitted a Conditional Use Pennit application to install and operate a hand car wash facility and expand the existing mini-mart store for the service station located at 350 East H Street, within the Terra Nova Plaza Shopping Center (see Locator, Attachment I). A Conditional Use Pennit is required for the car wash facility in order to detennine its compatibility with the existing service station and surrounding land uses located within the shopping center. The proposed project has been reviewed for compliance with the California Environmental Quality Act, and an Initial Study, IS-05-015, has been conducted in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, it has been detennined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where, clearly, no significant effects would occur; therefore, a Mitigated Negative Declaration, IS-05-015, has been prepared (Attachment 2). RECOMMENDATION: That the Planning Commission 1) Adopt Mitigated Negative Declaration IS-05-015, and 2) Adopt Resolution PCC-05-044, allowing a hand car wash facility and expansion of an existing service station mini-mart, based on the findings and subject to the conditions contained therein. DISCUSSION: Background On June 11, 1986 the Planning Commission approved Conditional Use Pennit PCC 86-33, allowing the existing service station with two pump islands and 14 dispensers, and the existing 756-square- foot mini-mart at 350 East H Street. On June 5, 2006, the Resource Conservation Commission (RCC) detennined that Initial Study IS-05-015 for the proposed expansion was adequate and recommended its adoption. And on July 24, 2006 the Design Review Committee approved the proposed addition to the existing facility. Proj ect Description The proj ect site currently has a 24-hour service station consisting of seven pump islands (14 fueling Page 2, Item: Meeting Date: 11/29/2006 stations) and a 756-square-foot mini-mart. Conditional Use Permit application PCC-05-044 requests approval to expand/modify the service station facility as follows: A. Install and operate a hand car wash facility, which includes an approximately 70-foot-Iong car wash tunnel at the northern end of the existing service station, directly under the existing canopy; B. Expand the 7 56-square- foot mini-mart floor space to 2,000-square-feet (an addition of! ,244- square-feet); C. Reduce the number of gasoline dispensers ITom 14 to I I; D. Operate the car wash ITom 7:00 a.m. to 10:00 p.m. weekdays and 8:00 a.m. - 10:00 p.m. weekends, continuing to operate the service station and mini-mart 24 hours a day; and E. Add four employees, for a maximum offive employees working at one time (two for the car wash and two for the service station/mini-mart). The site plan for the project indicates that there will be two "vacuum station" lanes merging into one at the entrance to the car wash tmmel. At the vacuum stations, customers will exit their vehicles and go into the store to pay for the car wash. Car wash attendants will move the cars ITom the vacuum stations into the car wash tuunel, which can accommodate two to three vehicles at a time. Once the vehicles emerge from the tunnel, they will be dried off, and customers will return to their cars. The site could adequately stack seven vehicles waiting to enter the car wash tunnel (three in each vacuum station lane and one at the entrance), as well as four vehicles in the drying area. At the rate of I 5 cars per hour, the car wash could accommodate 150 cars over a I O-hour period. It is anticipated that most of the business will occur between the hours of8:00 a.m. and 6:00 p.m. Project Site Characteristics The project site is a .98-acre parcel located at 350 East H Street, within and along the northwesterly section of the Terra Nova Plaza Shopping Center (Parcel Number 16). The site, located approximately ten feet below street level, does not have direct access ITom East H Street. It is surrounded by the commercial center internal circulation system and parking lot, which is available for all commercial center tenants, including the service station. General Plan, Zoning and Land Use The project is zoned PC-C (Planned Community - Commercial), and has a General Plan Land Use Designation of Commercial Retail. The following table specifies the existing land uses surrounding the parcel: General Plan Zoning Current Land Use Site: Retail Commercial PC-C, Planned Community - Commercial N/A N/A Service Station with mini-mart North: East H Street Page 3, Item: Meeting Date: 11/29/2006 South: Retail Commercial PC-C, Planned Community- Commercial PC-C, Planned Community- Commercial PC-C, Planned Community- Commercial Bank East: Retail Commercial Jack-in-the-Box Restaurant West: Retail Commercial Taco Bell Restaurant Project Data Assessor's Parcel Number: 592-200-1600 Current Zoning: PC-C, Planned Community - Commercial Land Use Designation: Commercial Retail Lot Area: .98 acres PARKING REQUIRED: PARKING PROPOSED: 12 spaces, broken down as follows: Standard Spaces: II 1 per each 200 s.f. ofretail area (1,200 s.f.) = 6 Compact Spaces: 0 (including one handicapped space) Disabled: I 1 per 1.000 s.f. of retail storage area (735 s.f.) = 1 Total: 12 1 per car wash employee ~ 2 3 per car wash stall = 3 SETBACKS REQUIRED: SETBACKS PROPOSED: Front Yard: 30 feet 22 feet* Rear Yard: o feet 0 Side Yard: o feet o feet * See narrative on development standards for explanation of setback deviation Regulations for uses within the Terra Nova Plaza Shopping Center are covered by the Terra Nova Plaza Master Plan (PCM 85-4), which requires a Conditional Use Pennit for both a service station and a car wash. Development standards, including parking, are addressed in the Chula Vista Municipal Code. Analysis Land Use The addition of a car wash facility and expansion ofthe mini-mart at the existing service station site within Terra Nova Plaza Shopping Center will provide a convenient location to serve the needs of the East H Street/Interstate 805 area. The provision ofthese services in close proximity to many of the homes in the area contributes to the general well-being ofthe neighborhood and community by allowing residents to complete necessary, routine errands without the stress and traffic generation of driving longer distances. There are no other car washes within 1.5 miles ofthe proposed car wash. Page 4, Item: Meeting Date: 11/29/2006 The proposed car wash facility and expanded mini-mart will not result in any negative impacts to the health, safety or general welfare of persons residing or working in the vicinity. The car wash building will be completely enclosed under the existing service station canopy so that the existing setback to East H Street is maintained. This will allow the landscape/scenic corridor provided by the area sloping down from East H Street to continue providing a scenic corridor along East H Street. The proposed use is located in a PC-C, Planned Community - Commercial Zone, which allows car wash facilities and mini-marts as long as Conditional Use Penn its are obtained. The facility will comply with required development and operating regulations, including setbacks, height restrictions and parking requirements contained in the Chula Vista Municipal Code. The use, as proposed, has been found to be consistent with the Chula Vista General Plan and the Terra Nova Plaza Master Development Plan. The project, as conditioned, will allow the addition of a car wash and expansion of the mini-mart to 2,000-square-feet without adversely affecting any adopted plans. Circulation/Access After some revisions, the site plan has evolved into the current proposed. Circulation on the site is U-shaped, with two points of ingress/egress to the service station and mini-mart on the south edge of the site. Vehicles for the car wash will enter the site from the westerly driveway and exit from the easterly driveway, or pass through the fuel station area on the south side ofthe mini-mart to enter the car wash. A previous version of the site plan was reviewed by Darnell & Associates, traffic consultants, showing entrance to the car wash from the easterly driveway, which is adjacent to a main entrance road into the shopping center. To avoid potential congestion near the intersection of the main entrance road and the easterly driveway, the traffic consultants recommended moving the entrance of the car wash to the westerly driveway. The current site plan reflects this recommendation. Development Standards/Screening/Visibilitv The Terra Nova Plaza Master Development Plan approved by City Council on January 8, 1985 requires a 30- foot minimum setback along East H Street, except for the masonry wall at the northeast end of the site for the commercial center. This setback was most likely established to promote a "scenic corridor" theme along East H Street. However, on June II, 1986, the Planning Commission approved a Conditional Use Pennit to allow the existing service station/mini-mart to be located on the subject parcel with the canopy for the service station being approximately 22 feet from the northern property line, encroaching eight feet into the 30-foot setback. The proposed car wash tunnel will be enclosed under the existing canopy, which is located below a heavily landscaped down slope from East H Street. Therefore, the car wash tunnel should not cause any negative visual impacts to vehicles or pedestrians traveling along East H Street, and the existing canopy should become the "de facto" setback line. Page 5, Item: Meeting Date: 11/29/2006 Parking The addition of the car wash and expansion ofthe existing mini-mart requires a total of 12 parking spaces, as described in the project data table, above. A total of 12 striped spaces will be provided, including: two parking spaces designated for employees on the east side of the site; one regular space and one handicapped space on the west side ofthe mini-mart; and eight parking spaces on the west side of the site. Staff has reviewed the property holdings of the Planning Commissioners and has found no such holdings within 500 feet ofthe property that is the subject of this action. Conclusion The project is generally consistent with the goals and policies of the General Plan and associated documents. Based on the preceding infonnation in this report, staff recommends the Planning Commission approve Mitigated Negative Declaration 1S-05-015 and Conditional Use Pennit PCC- 05-044, subject to the conditions listed in the attached Resolution. Attachments 1. Locator Map 2. Mitigated Negative Declaration 3. Resolution PCC-05-044 4. Project Plans 5. Disclosure Statement J:IPlanning\Case Files\-05 (FY 04-05)IPCCIPCC-05-044IPublic Hearing\StaffReportslPC LEGEND: 1 - Shoe Pavillion 2 - Marshalls 3 - Vons 4 - Longs 5 - Big 5 6 - Miscellaneous Shops 7 - Bed, Bath & Beyond 8 - Sports Authority 9 - Kinkos, Radio Shack 10 - Mission Federal 11 - Jack in the Box 12 - Miscelloneous Shops PROJECT 1 3 - Gas Station 14 - Taco Bell - 15 - Woshington Mutual LOCATION 16 - McMillin Realty ,.<'~f'<s ~y 6'06' C HULA VISTA PLANNING AND BUILDING DE PARTM E NT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLlCANl: Lorna Ratonel MISCELLANEOUS PROJECT 350 East H Street Request: Proposing the addition of an automated car wash facility ADDRESS: and expansion of a mini-mart from 756 sq It to 2,100 sq It. at an SCALE: FILE NUMBER: existing service station. NORTH No Scale PCC-05-044 Related cases: DRC-05-41 J:\plann ing\carlos\locators\pcc05044.cdr 07.20.06 A TT AO-lMENT 1 Mitigated Negative Declar PROJECT NAME: Terra Nova Service Station and Car Wash PROJECT LOCATION: 350 East H Street Chula Vista, CA ASSESSOR'S PARCEL NO.: 592-200-1600 PROJECT APPLICANT: Lorna Ratonel DATE OF DRAFT DOCUMENT: May 16,2006 DATE OF RESOURCE CONSERVATION COMMISSION MEETING: June 5, 2006 DATE OF FINAL DOCUMENT: June 16,2006 PREPARED BY: Mary Venables, Associate Planner Revisions made to this document subsequent to the issuance of the notice of availability of the draft Negative Declaration are denoted by underline. A. Pro; ect Setting The project site consists of an approximately .98 acre parcel located in the northern portion of the Terra Nova Plaza Shopping Center. The Terra Nova Center is located south of East H Street and east of Interstate 805. The site is situated in an urbanized area in the north-central portion of the City of Chula Vista (See Exhibit A - Location Map). The project site is developed with the existing Terra Nova Service Station, including a 725 square-foot convenience store and two fuel islands containing a total of 14 fuel pumps. Land uses surrounding the project site consist of the following: North: Multi-family residential South: Commercial Retail East: Commercial Retail West: Commercial Retail B. Proiect Description The project consists of site improvements to the eXlstmg service station, including the addition of an 85-foot-long enclosed car wash facility and associated equipment room. The car wash and associated equipment room would total 2,612 square-feet in area, and be situated on the north portion of the parcel adjacent to East H Street. In addition, a 1,425 square-foot expansion and remodel of the existing convenience store is proposed. (See Exhibit B - Site Plan). Partial demolition of the existing convenience store would be required in order to accommodate the remodel plan. All work would occur within 1 A TT AO-lMENT 2 the confines of the current footprint of the service station complex and the new structures would be constructed under the exiting canopy. The proposed building materials would match the current structure, and the new elevation design would be compatible with the existing structure. To accommodate the new car wash facility, three fueling positions on the north fuel island would be eliminated. Vacuum hoses would be located on the west side of the facility near the entrance to the carwash tunnel. The existing service station and convenience store will remain in operation 24 hours per day. The car wash hours of operation are proposed from 7:00 a.m. to 10:00 p.m. on weekdays and 8:00 a.m. to 10:00 p.m. on weekends. The project does not involve the removal or relocation of any existing underground fuel storage tanks. C. Compliance with Zoning and Plans The site is located in the PC-C (Planned Community - Commercial) Zone and CR (Retail Commercial) General Plan land use designation. The project is consistent with the applicable zoning regulations and the Chula Vista General Plan. The project requires the approval of a Design Review Permit by the Design Review Committee and a Conditional Use Permit by the Planning Commission. D. Public Comments On August 4,2005, a Notice of Initial Study was circulated to property owners and residents within 500- foot radius of the proposed project site. The public comment period ended August 18, 2005. Staff received one written communication regarding potential noise and traffic impacts related to the car wash operations. This issue has been addressed in the attached Initial Study Checklist and the technical studies noted below. On Mav 17, 2006. a Notice of Availabilitv of the Proposed Mitigated Negative Declaration for the proiect was posted in the Countv Clerk's Office and circulated to propertv owners and residents within a 500-foot radius of the proiect site. The 30-dav public comment period closed on June 15. 2006. One written comment letter was received from a nearbv propertv owner with regard to noise and traffic concerns. These issues are addressed in the Mitigated Negative Declaration and further discussed in the attached response to comments (Exhibit il E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including the attached Environmental Checklist form) determined that the proposed project may have potential significant environmental impacts, however; revisions to the project have been made or mitigation measures have been agreed to by the proj ect proponent to reduce the impacts to a less than significant level. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. Air Ouality Located within the San Diego Air Basin (SDAB), the project was analyzed using the Urban Emissions Model URBEMIS 2002, a modeling tool developed by the California Air Resources Board (CARB) to estimate air quality impacts from land use projects. As 2 summarized below, impacts resulting from the proposed project will be mitigated to a level less than significant. Short-Term Impacts A minor increase in air pollutants would occur during the construction and remodel phase of the project. Fugitive dust would be created during the partial demolition phase as well as during grading and construction activities. Because construction-related activities are temporary, the impact to air quality from construction-related operations is considered short- term in duration. Dust control measures required during construction operations would be implemented in accordance with the rules and regulations of the County of San Diego Air Pollution Control District (APCD) and the California Air Resources Board. The mitigation measures contained in Section F below would mitigate short-term construction-related air quality impacts to below a level of significance. Long-Term Impacts According to the Engineering Department, the proposed project would generate a minimal amount of traffic and result in fewer daily trips than currently attributed to the existing service station use. This would occur due to the reduction in the number of fueling positions on the site. As demonstrated in the URBEMIS 2002 model, the emissions resulting from the completed project would not exceed the Air Quality thresholds or result in significant long- term local or regional air quality impacts. Hazards/Hazardous Materials Soil/Groundwater Contaminants The County of San Diego, Department of Environmental Health (DEH), is the lead agency evaluating an unauthorized release of contaminants at the project site. According to DEH, the ongoing case is in the assessment phase and the extent of contamination in the soil and groundwater has not been resolved. In 2003 a Phase II Real Estate Site Assessment was conducted and detectable concentrations of contaminants were found in some of the soil samples. In addition, three groundwater monitoring wells were installed on the site. Samples collected from the wells contained concentrations of contaminants below laboratory detection limits. DEH has approved the installation of two additional groundwater monitoring wells on the south portion of the site. According to information received from DEH on October 24, 2005, there do not appear to be any health risks to the occupants of the site and DEH has indicated that the proposed site improvements may commence. A closure letter will be issued by DEH upon completion of the assessment. No mitigation is necessary. Asbestos and lead-based paint The existing convenience store structure is proposed to be partially demolished and may possibly contain asbestos and lead-based paint. Prior to any demolition activities the presence of asbestos and lead-based paint must be ascertained and removed if present. Licensed, registered, asbestos and lead abatement contractors in accordance with all applicable local, state and federal laws and regulations, including San Diego County Air Pollution Control District Rule 361.145, Standard for Demolition and Renovation, will perform the abatement. The mitigation measure contained in Section F below would mitigate 3 potential hazards/hazardous material impacts associated with the release of asbestos and lead to below a level of significance. Wash water/solvents, waste The car wash operations would involve storage and transport of hazardous solvents and material normally associated with car wash facilities. As a standard condition of approval any storage of hazardous materials or other pollutants must be under cover with adequate containment in accordance with all federal, state and local regulations. These requirements would mitigate potential impacts to a level of less than significant. Hydrology and Water Ouality The project site is located in the Otay Water District (OWD) service area and is served by a lO-inch potable water main on East H Street. The operation of the proposed car wash is not anticipated to result in a significant increase in the consumption of water otherwise available for public use or deplete groundwater supplies or quality. On-site drainage facilities consist of an existing private storm drain system that collects site runoff and conveys the runoff to offsite public storm drain facilities. Off-site facilities consist of a double 96" cast-in-place pipe in East H Street adequate to serve the project. The design of the proposed car wash includes a water reclamation system to conserve water and limit discharge of pollutants into the storm drain system. The car wash area and tunnel will retain all drainage on-site. The proposed facility will be equipped with a wash bay pit/clarifier tank and a cyclonic separator. The separator extracts solid-rree liquid rrom the reclaimed water and circulates it for reuse. The clarifier tank will require maintenance by a licensed hauler approximately four times per year to remove and properly dispose of the pollutants. In accordance with the County of San Diego Environmental Health Department standards and regulations for water reclamation systems, filtered wastewater rrom this system would be discharged into the City's sanitary sewer system. The Municipal Code, the National Pollution Discharge Elimination System (NPDES) regulations and the City's Development and Redevelopment Storm Water Management Requirements Manual, require the implementation of water quality Best Management Practices (BMPs) to prevent pollution of storm drainage systems, both during and after construction. The City Engineer will ensure that appropriate BMPs are implemented and are sufficient to prevent discharge into storm drainage systems. Based upon the implementation of standard engineering requirements and compliance with requirements of the BMPs, water quality impacts would be reduced to below a level of significance. See Section F of this Mitigated Negative Declaration. As a standard Engineering condition, a final drainage and soils report will be required in conjunction with the preparation of the project grading plans and must demonstrate that the post-development peak flow rate does not exceed the pre-development flows. No significant impacts to the City's storm drainage system are anticipated to result from the proposed proj ect. 4 Noise To assess potential noise impacts of the proposed project, Acoustical Analysis Report, Terra Nova Car Wash, April 10, 2006 was prepared by Eilar Associates. The noise assessment analyzed the project with respect to the regulations contained in Chapter 19.68, Performance Standards and Noise Control, of the Chula Vista Municipal Code (noise control ordinance). Noise Standards The noise control ordinance does not allow activities that would create noise on property, which exceeds the established noise level limits (C.V.M.C. 9 19.68.030(A)(4)). The noise level limits vary by land use category, and time of day (nighttime versus daytime). In addition, the noise control ordinance establishes the normal noise level as the noise limit when the existing noise level exceeds the standard. Table III of Chapter 19.68 specifies the following noise limits: APPLICABLE NOISE LIMITS [dB(A) Leq] Land Use Nighttimel Dayttime2 Multiple Dwelling residential 50 60 Commercial 60 65 lNighttime = 10:00 P.M. to 7:00 A.M. weekdays; 10:00 P.M. to 8:00 A.M. weekdays 2Daytime = 7:00 A.M. to 10:00 P.M. weekdays; 8:00 A.M. to 10:00 P.M. weekends Surrounding uses potentially affected by project-generated noise consist of multi-family residential adjacent north across East H Street and retail commercial businesses adjacent south, east and west within the Terra Nova Shopping Center. Noise associated with the project proposal would include short-term construction noise, traffic noise, carwash, vacuum cleaners and outdoor mechanical equipment noise, and loud car stereos in the driveways. Construction Noise Pursuant to Section l7.24.050(J) of the Chula Vista Municipal Code, construction work that generates noise disturbing to persons residing or working .in the vicinity is not permitted between 10:00 p.m. and 7:00 a.m. Monday through Friday and between 10:00 p.m. and 8:00 a.m. Saturday and Sunday, except when necessary for emergency repairs required for the health and safety of any member of the community. Due to the presence of residential development located north of the subject site, this provision of the Municipal Code applies to the proj ect and would ensure that residents would not be disturbed by construction noise during the most noise sensitive periods of the day. 5 Traffic Noise The predominant noise currently affecting the project site is traffic traveling on East H Street. The report concluded that East H Street would experience a minimal increase in traffic volume due to future growth in the area but did not anticipate any major new noise sources that would impact the proj ect site. Car Wash & Vacuum The proposed car wash utilizes a RYCO car wash system with drying fans enclosed within an 85 foot drive-thru tunnel. The existing vacuum system will be removed to allow for the installation of a new central vacuum system. The noise study indicates that during worst case combined noise levels the project would be in compliance with the City's noise ordinance. Outdoor Mechanical Equipment Noise Heating, ventilation and air conditioning (HV AC) equipment is proposed to be located on the roof of the convenience store. Based on the preliminary plans and manufacturer's data provided for the mechanical equipment, the noise assessment concluded that noise generated from the HV AC would not exceed the City's noise standards. However, until such time as the final equipment is chosen and a subsequent noise study is prepared, the potential noise impacts related to the outdoor mechanical equipment are considered significant. The mitigation proposed in Section F of this Mitigated Negative Declaration must be implemented in order for impacts to be reduced to below a level of significance. Loud Car Stereos Car stereos in vehicles wmtmg for car wash services could create noise in excess of allowable levels depending on the specific sound system and whether the windows are open or closed. The Municipal Code identifies noise created by stereos and radios as nuisance noise and is enforced by the Police Department. The display of signs requesting car stereos be turned off during cleaning would help to mitigate potential impacts. T ransportati on/Traffic The Engineering Department estimated the weekday vehicle trip generation rate for the proposed project to be 1,705 trips using the SANDAG Brief Guide of Vehicular Traffic Generation Rates. It was determined that the proposed project would result in a decrease of 535 daily trips due to the reduction in the number of fueling positions from 14 to lion the site. In turn, a reduction of weekday trips on East H Street would occur thus resulting in a less than significant traffic impact. To identify potential on-site circulation impacts associated with the development of the project, Traffic Review of Terra Nova Service Plaza, April 25, 2005, was prepared by Darnell & Associates, Inc. The study assessed pedestrian walk routes and travel patterns including customers parking off-site found the circulation to be adequate. In addition, the traffic analysis assumed that fuel deliveries would continue to occur during late evening hours when the car wash is closed thus limiting the potential for blocking 6 circulation on-site. The on-site circulation mitigation measure proposed in Section F below must be implemented in order for impacts to be reduced to below a level of significance. The applicant conducted an on-site and off-site parking analysis of the entire Terra Nova Shopping Center. It was determined that adequate on-site parking exists within the commercial center to accommodate the additional parking required as a result of the project proposal. F. Mitigation Necessary to Avoid Significant Impacts Air Quality 1. The following air quality mitigation measures shall be shown on all applicable grading, and building plans and details, notes, or as otherwise appropriate, and shall not be deviated from unless approved in advance in writing by the City's Environmental Review Coordinator. a) Minimize simultaneous operation of multiple construction equipment units b) Use low pollutant-emitting construction equipment c) Use electrical construction equipment as practical d) Use catalytic reduction for gasoline-powered equipment e) Use injection timing retard for diesel-powered equipment f) Water the construction area twice daily to minimize fugitive dust g) Stabilize graded areas as quickly as possible to minimize fugitive dust h) Pave permanent roads a quickly as possible to minimize dust i) Use electricity from power poles instead of temporary generators during building, if available j) Apply chemical stabilizer or pave the last 100 feet of internal travel path within a construction site prior to public road entry k) Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads I) Remove any visible track-out into traveled public streets within 30 minutes of occurrence m) Wet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has occurred n) Provide sufficient perimeter erosion control to prevent washout of silty material onto public roads 0) Cover haul trucks or maintain at least 12 inches of freeboard to reduce blow-off during hauling p) Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 miles per hour HazardslHazardous Materials 2. During any demolition activities, a licensed and registered asbestos and lead abatement contractor shall perform asbestos and lead-based paint abatement in accordance with all applicable local, state and federal laws and regulations, including San Diego County Air Pollution Control District Rule 361.145 - Standard for Demolition and Renovation. 3. Outdoor storage of hazardous materials or other pollutants shall be under cover and with adequate containment all in accordance with federal, state and local laws and regulations. 7 Hydrology/Water Quality 4. The applicant shall implement Best Management Practices (BMPS) to prevent pollution of storm drainage systems, both during and after construction. Selection of appropriate BMPs shall be site and activity specific to prevent discharge of trash, debris, or non- storm water to storm drainage systems resulting from carwash or auto detailing activities. 5. The applicant shall complete the applicable City of Chula Vista Development and Redevelopment Storm Water Management Requirements Manual forms and comply with the Manual's requirements. 6. Design and construction of the car wash tunnel shall include features that prevent tracking of non-storm water to outdoor areas. 7. The trash enclosure area shall be covered and the site graded in such a way as to prevent run-on into the trash enclosure area. Noise 8. Pursuant to Section 17.24.050(1) of the Chula Vista Municipal Code, project-related construction activities shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. Monday through Friday and between 10:00 p.m. and 8:00 a.m. Saturdays and Sundays. 9. Prior to approval of building permits for the development, the applicant shall submit a subsequent noise study to the satisfaction of the Environmental Review Coordinator demonstrating that the final roof-mounted HV AC and other roof mounted equipment complies with the City's noise control ordinance at the north property boundary of 50 dBA Leq (one hour) during nighttime hours and 60 dBA Leq (one hour) during daytime hours and 60 dBA Leq (one hour) during nighttime hours and 65 dBA Leq (one hour) during daytime hours at the south, west and east property boundaries or ambient noise levels, whichever is greater. 10. All rooftop pumps, fans, and air conditioners on the buildings shall include appropriate noise abatement and be screened by a minimum three-foot high rooftop parapet and shall block the line-of-site view from the nearby properties to the exposed roof and mechanical ventilation systems. 11. Signs shall be displayed requesting that car stereos be turned off while the cars are being cleaned. The noise mitigation requirements shall be shown on all applicable demolition, grading, and building plans as details, notes, or as otherwise appropriate, and/or shall be made conditions of project approval where appropriate. T ransportationlT raffic 12. Fuel deliveries shall not occur during car wash operating hours of7:00 a.m. to 10:00 p.m. Monday through Friday and 8:00 a.m. to 10:00 p.m. Saturday and Sunday. 8 G. Agreement to Implement Mitigation Measures By signing the line(s) provided below, the Applicant(s) and/or Operator(s) stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) provided below prior to posting of this Mitigated Negative Declaration with the County clerk shall indicate the Applicants' and/or Operator's desire that the Project be held in abeyance without approval and that the Applicant and Operator shall apply for an Environmenta] Impact Report. J.j) 1l4-/ {J I!J. .R 11 -jt) I..J. G L Printed Name and Title of Applicant [or authorized representative 5- /(rO& na Applican [or authorized representative] Date Printed Name and Title of Operator [if different from Applicant] Signature of Operator [if different from Applicant] Date G. Consultation 1. Individuals and Organizations City of Chula Vista: Marilyn R.F. Ponseggi, Planning and Building Steve Power, Planning and Building John Scbmitz, Planning and Building Jeff Steichen, Planning and Building Carolyn Dakan, Planning and Building Frank Rivera, Engineering Silvester Evetovich, Engineering Dave Kaplan, Engineering Sandra Hernandez, Engineering Beth Chopp, Engineering Ben Herrera, Engineering 9 Mark Caro, Parks and Recreation Gary Edmonds, Fire Department Richard Preuss, Police Department Dave Byers, Public Works/Ops. Applicant/Property Owner: Lorna Ratonel Applicant Agent: Allen Sipe, Architect Others: David T. Charles, Otay Water District Dee Peralta, Chula Vista Elementary School District David Gottfredson, RECON Cheryl Johnson, RECON Kathy Babcock, San Diego Gas & Electric Jon Senaha, County of San Diego, Department of Environmental Health Mike Vernetti, County of San Diego, Department of Environmental Health 2. Documents City ofChula Vista General Plan Update, December 2005. Title 19, Chula Vista Municipal Code Urban Emissions Model URBEMIS 2002, Terra Nova Car Wash and Service Station, March 10, 2006. Acoustical Analysis Report Terra Nova Car Wash, Eilar Associates, April 10, 2006. Traffic Review of Terra Nova Service Plaza, Darnell & Associates, Inc., April 25, 2005. Adequacy of Parking for Terra Nova Plaza Project (PCC 05-044) Memorandum, Jeff Steichen, May 1, 2006. Site Assessment Report and First Quarter 2005 Groundwater Monitoring Report, Fonner Shell Station, 350 East H Street, Chula Vista, California, NbrthShore Engineering, Inc., January 27, 2005. Second and Third Quarter 2005 Groundwater Monitoring Report, Shell Service Station, 350 East H Street, Chula Vista, California, NorthShore Engineering, Inc., August 12, 2005. Work Plan For Offsite Assessment At The Former Shell Service Station, 350 East H Street, Chula Vista, California, NorthShore Engineering, Inc., August 15, 2005. 10 3. Initial Study This environmental determination is based on the attached Initial Study, and any comments received to the Notice of Initial Study. The report reflects the independent judgement of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA 91910. dLMO /2/~ ~t~ve Power // EiivironmentarProjects Manager Date: b/I t;~ {,- Attachments: Exhibit A - Location Map Exhibit B - Site Plan Exhibit C - Response to Comments J:\Planning\MaryV\Terra Nova Service Station\IS-OS~OI5 mnddoc 11 LC) NORTH ,.<'J?$'$'~ ~.v6'O$ ~ PROJECT ~ "< lOCATION Exhibit A 0 (0 : ..0: - , >. ~ ~~i ~ " , : c' , ", ~ ~i) ~ ~ ~~~ ~ !O 'Ii " j' ' ti r Iq ! I~ . A ~ .. II I:! - .> !! !! i !I ~! H ! ~ ~~ !: ", ~/ -J ~ - r!." ! "' !I !! ~ r ~ ~ ~ ~! ; iHd I " ' ". " " 0 " ' z ~ l " 0 ! , z( [ !:! '::! I D -I-D ~ ---,., ",\ I" " ", I \ II ...1.... 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"''1;:1 >..t:-o >..~ C"d 0)'> ~'"E~; % -o.~~....~<8"'O)~o~~~_ o~- 8 ~ ~ u - >.. 8 -0 -5 ] U 1::::1''8 ,s 4=< iU B.. ~O'E~.sv8~3~~~~~B.. i:i;;~ ~~aoEo~3~~ 8a~"-<~_~]~~ 1-= +"' U .....uU) "0,<-......._ "0 "'11...... <1J!r .:J '" N m .;: <>1 .;: " ];:: 'O:s uS::: - "~ ~ N ~" <>: ~;a U .~ ~ ~ ~ ~~.~ :;:;v~> .~ ~ m-3 ~~;;;6 .,. '" 'c '" Exhibit C ATTACHMENT A MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) Terra Nova Carwash. IS-OS-OlS. This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista in conjunction with the proposed Terra Nova Carwash project. The proposed project has been evaluated in an Initial StudylMitigated Negative Declaration (IS-05-015) prepared in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA Guidelines. The legislation requires public agencies to ensure that adequate mitigation measures are implemented and monitored for Mitigated Negative Declarations. AB 3180 requires monitoring of potentially significant and/or significant environmental impacts. The Mitigation Monitoring and Reporting Program for this project ensures adequate implementation of mitigation for the following potential impacts(s): I. Air Quality 2. HazardslHazardous Materials 3. Hydrology and Water Quality 4. Noise 5. Transportation/Traffic MONITORING PROGRAM Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators shall be the Environmental Review Coordinator, and City Engineer of the City of Chula Vista. The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and Reporting Program are met to the satisfaction of the Environmental Review Coordinator and City Engineer. Evidence in written form confirming compliance with the mitigation measures specified in Mitigated Negative Declaration IS-05-015 shall be provided by the applicant to the Environmental Review Coordinator and City Engineer. The Environmental Review Coordinator and City Engineer will thus provide the ultimate verification that the mitigation measures have been accomplished. Table 1, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative Declaration 18-05-015, which will be implemented as part of the project. In order to determine if the applicant has implemented the measure, the method and timing of verification are identified, along with the City department or agency responsible for monitoring/verifying that the applicant has completed each mitigation measure. Space for the signature of the verifying person and the date of inspection is provided in the last column. J:\Planning\rv1aryV\Terra Nova Service Station\IS~05-01Smmrtext.doc E i:' <:: E '2 o :;: <:: .9 rn ~ ..... GI :c OS I- " c " E E o u "0 " m 2! 0 " 'E. " E rn 0 .. u :.s ~ <:: " :2 :c '5 .~~ al ",,'0 0 <:: 0.. 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(jj 81ij g~~ "m IV .... .... -= "O.~ -g, ~,g ;:ij-=:.c!::~ _2-1;1"E ~'~.E ..... ?; J!! g. ID g(ij rn a. 2:!.;::.~ ~o.:5;: tV ::I co E.~-5 o.Q)::I:>Q) a. -g 1; 2 E ,g g.S:"if-g o:=EotO ern co IDa ~~~,s: e <0 ~ '" . co to ~ Q) !::lI'Jen.J:: o !:: .... ;: -=.!!!~ ;: 0."0_ o "ro .J:: 0) co :> en S _ e Q,) "0 Q,) a. .o'S.~ g. =.D'- ro 0. ~ -g K t5 . I/) ro a.'o ~ rn,- Q,)ciiQJD. E.= .~ .~-g ~o => ~ <1> O""'~ ~ _ -0 ~ I:: a en.2 0'- ro...... ro~,-:g QlEoo E Q)..n U E"O Q) . Q,)Q)ow.s .~:a !:: -g.~ g~J!fEg. w'5..19 c. .J:: a. ol) Q) a. 1-11I"'C.D<Q 2" u; .Q :;,13 o ~ ~~ (;) a:ul:: <1> .<> 00 o <1> ;;; ;; ro o ro-ci ~<1> -" ",ro c,J1 _0 ~~ ~- 0"<1> <1>.<> ~ <1> "'~ . ro ~!'! -"'ro 0-0 .\Q OJ "'" <1> <1> .D = ~ =3 Jg", '" 0 ",'" " <1> a>E U5.3 ;:: M u on ro 0.. " .Q 1J . <1> 0. - '" u; -= () u: "- ;;;; c z o F ;0 ~ o Q. U) Z ;;;; >- "'''' " " :;::0 CO ~ ~ <1>ro 0. '" 0'" "- ~~ gJ", ~ => . ~o~ eo,s-g o ~=> a>roU) "", '':;: 3-g .g2ra ~ E. ~ => '" 8 ci.:; Ogcu -o..C/) ,,0 . ~E = 0 . ro _ 0. ~Eg enrab .~o"- ~o 0 ?;r-.:---: ~o~ '" ro -~o ~5t? "-~'" N ~ ~\f.(... -r-: ~- ~ ENVIRONMENTAL CHECKLIST FORM CITY OF CHUlA VISTA 1. Name of Proponent: Lorna Ratonel 2. Lead Agency Name and Address: City of Chula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: ISIS "L" Avenue National City, CA 91950 4. Name of Proposal: Terra Nova Service Station and Car Wash 5. Date of Checklist: May 9, 2006 6. Case No. IS-05-015 ENVIRONMENTAL ANALYSIS QUESTIONS: Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact I. AESTHETICS. Would the project a) Have a substantial adverse effect on a scenic vista? 0 0 0 . b) Substantially damage scenic resources, inducling, but 0 0 0 . not limited to, tress, rock outcroppings, and historic builclings within a state sceruc highway? c) Substantially degtade the existing visual character or 0 0 0 . quality of the site and its surrounclings? Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? o o o . Comments: a-b) The project site contains no scenic resources, vistas or views open to the public, and is not in proximity to a state scenic highway, therefore, there would be no impact to the aesthetics of the area. c) The existing gas station/convenience store is located within a fully developed commercial/retail center. The proposed car wash and convenience store addition would occur within the confines of the current footprint of the service station and would incorporate architectural designs and building heights consistent with the existing structures. The project would not degrade the visual character or quality of the site or its surroundings. d) The project will be required to comply with the light and glare regulations (Section 19.66.100) of the Chula Vista Municipal Code (CVMC). Compliance with these regulations would ensure that no substantial glare, or light would affect daytime or nighttime views in the surrounding area. Mitil!ation: No mitigation measures are required. II. AGRICULTURAL RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and fannland. Would the project: a) Convert Prime Farmland, Unique Farmland. or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Fannland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? o o o . .----.- .-' -- Issues: b J Conflict with existing zoning for agricultural use, or a Williamson Act contract? cJ Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Fannland, to non-agricultural use? Comments: Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 0 . o o o . a-c) The project site and surrounding land uses are fully developed, consistent with the Chula Vista General Plan and zoning designation, and contain no agricultural resources or designated farmland. The proposal would not convert Prime Farmland, Unique Fannland or Farmland of Statewide Importance to non-agricultural use and no impacts to agricultural resources would be created as a result of the proposed project. Mitie:ation: No mitigation measures are required. III.AIR QUALI1Y. \X'here available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following detenninations. Would the project: aJ Conflict with or obstruct implementation of the applicable air quality plan? o o o . b) Violate any air quality standard or contribute 0 . 0 0 substantially to an existing or projected au: quality violation? cJ Result in a cumulatively considerable net increase 0 0 0 . of any criteria pollutant for which the project reglOD IS non-attainment under an applicable federal or state ambient au: quality standard (including releasing emissions, which exceed quantitative t:lrtesholds for ozone precursors)? Issues: d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Comments: a-e) See Mitigated Negative Declaration, Section E. Mitil!ation: See Mitigated Negative Declaration, Section F. IV. BIOLOGICAL RESOURCES. project: Would the a) Have a substantial adverse effect, either directly or through habitat modifications, on any speeles identified as a candidate, sensitive, or special status speeles In local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified 1tl local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 . 0 0 o o o . o o o . o o o . o o o . ----- --~. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 0 . Issues: e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? o o o . f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? o o o . Comments: a) The existing project site is fully developed as a gas station/convenience store. No candidate, sensitive or special status species are present within or immediately adjacent to the proposed project site. b) No local riparian habitat or other natural sensitive communities are present within or immediately adjacent to the project site. c) No wetland habitat present within or immediately adjacent to the developed project area. d) There are no wildlife dispersal or migration corridors existing within or immediately adjacent to the proposed project site. e) The project site is fully developed; no biological resources would be affected by the proposal and no conflicts with local policies or ordinances protecting biological resources would occur as a result of the proposed development. f) The proposed project site is located in a designated development area as defined by the City's MSCP Subarea Plan. There are no biological resources present on the project site and the proposal would have no impact to local, regional or state habitat preservation planning efforts. Mitie:ation: No mitigation measures are required. -- ---..---.-------.------ ----- Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change ill the 0 0 0 . significance of a historical resource as defined in ~ 150M.5? b) Cause a substantial adverse change ill the 0 0 0 . significance of an archaeological resource pursuant to ~ 150M.5? c) Direcdy or indirecdy destroy a umque 0 0 0 . paleontological resource or site or unique geologic feature? d) Disturb any human rema11lS, including those 0 0 0 . interred outside of fonnal cemeteries? Comments: a) The existing project site is located within a fully developed area. No historic resources are known or are expected to be present within the project impact area. Therefore, no substantial adverse change in the significance of a historical resource as defmed in Section 15064.5 is anticipated. b) The existing facility is not listed in, or currently eligible for listing in the California Register of Historical Resources. No historic buildings or structures are present within the previously disturbed project site and no prehistoric or historic objects are known. Therefore, the potential for adverse changes to archaeological resource as defmed in Section 15064.5 is not anticipated. c) Based on the level of previous disturbance to the site and the relatively limited disturbance for the proposed project, the potential to directly or indirectly destroy a unique paleontological resource or site or unique geologic feature is not anticipated. d) The proposed project consists of limited site improvements to an existing, fully developed facility. No human remains are anticipated to be present within the previously disturbed impact area of the project. Mitieation: No mitigation measures are required. VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of ----.-.----------------- ---- Issues: loss, injury or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the aTea or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 11. Strong seismic ground shaking? 111. Seismic-related liquefaction? ground failure, including IV. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table IS-l-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? ..~-_.~. ..- Potentially Significant Impact o o o o o o o o Less Than Significant With Mitigation Incorporated o o o o o o o o Less Than Significant Impact . . . o o o o o No Impact o o o . . . . . Issues: Potentially Significant Impact Less Than Significant With :Mitigation Incorporated Less Than Significant Impact ~o Impact Comments: a) The proposed project is located within a fully developed shopping center site. The Final EIR prepared for the Rice Canyon EIR79-8 identified several trace faults located in the vicinity of the project site. The trace faults were attributable to the La Nacion and Sweetwater Fault zones and were detennined to be inactive (Shepardson Engineering, 1977). The adopted EIR contained mitigation measures designed to reduce or prevent the potential for geologic hazards. All prior grading associated with the Terra N ova Shopping Center was perfonned in accordance with the adopted EIR mitigation measures and approved soils report. Therefore, impacts to geological resources would be less than significant. b-d) The project site and the surrounding land uses are fully developed. All prior grading associated with the Terra Nova Shopping Center, which included the proposed project site, was carried out in accordance with the previously adopted mitigation measures and approved soils report. e) The project does not propose the use of septic tanks or alternative wastewater disposal systems. Sewer services will be provided by the City of Chula Vista. Therefore, development of the proposed project would not result in impacts associated with the use of septic tanks or alterative wastewater disposal systems. Mitil!ation: No mitigation measures are required. VIT. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? D . D D b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? D . D D cJ Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste wi.thin one-quarter mile of an existing or proposed school? D D D . -.-- -----.---------. - Issues: d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, ,,"thin two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant tisk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intennixed with wildlands? Comments: a,b) See Mitigated Negative Declaration, Section E. Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact D D D . D D D . D D D . D D D . D D D . c-h) The project site is not located within one-quarter mile of an existing or proposed school. The project site is designated for commercial development according to the General Plan and Zoning Ordinance and is not located within an airport land use plan or in the vicinity of a private airstrip or wildlands. Mitieation: See Mitigated Negative Declaration, Section F. ---,-~---- _.---- Issues: HYDROLOGY AND WATER QUALITY. Would the project: a) Result in an increase in pollutant discharges to receiving waters (including impaiIed water bodies pursuant to the Clean Water Act Section 303(d) list), result in significant alteration of receiving water quality during or following construction, or violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would dmp to a level which would not support existing land uses or planned uses for which permits have been granted)? Result in a potentially significant adverse impact on groundwater quality? c) Substantially alter the existing dr:linage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing dr:linage pattern of the site or area, including through the alteration of the course of a stream or river, substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site, or place strucMes within a 1 DO-year flood hazard area which would impede or redirect flood flows? e) Expose people or strucMes to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? -_.~..~--_. Potentially Significant Impact o o o o o Less Than Significant With Mitigation Incorporated . o o o o Less Than Significant Impact o . . . o No Impact o o o o . --- Issues: ~ Create or contribute runoff water, which would exceed the capacity of existing or planned stonnwater drainage systems or provide substantial additional sources of polluted runoff? Comments: a-f) See Mitigated Negative Declaration, Section E. Mitieation: See Mitigated Negative Declaration, Section F. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? -----_.._~.._._...,._-.--_.._. Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 . 0 o o o . o o o . o o o . ------ Issues: Potentially Significant Impact Less Than Significant Witb Mitigation Incorporated Less Than Significant Impact ~o Impact Comments: a) ll1e project site and 1he surrounding uses are ful1y developed. The proposed project would not disrupt or divide 1he established community 1herefore no impact would occur as a result of 1he proposal. b) The project site is located in 1he PC-C (Planned Community - Commercial) Zone and CR (Retail Commercial) General Plan land use designation. The project is consistent wi1h 1he applicable zoning regulations and land use designations, 1herefore; no impacts are anticipated. c) The project would have no impact or conflict wi1h any applicable adopted environmental plans or policies and would not conflict wi1h 1he adopted Chula Vista MSCP Subarea Plan, which designated 1he proposed project site as a Developed Area. Mitil!ation: No mitigation measures are required. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? D D D . b) Result in the loss of availability of a 10cally-in1portant mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? D D D . Comments: a) The project site and the surrounding land uses are ful1y developed and would not result in the loss of availability of a known mineral resource of value to the region or 1he residents of the State of Califomia. No impact to mineral resources would result ITom the proposed project. b) The State of California Department of Conservation has not designated 1he project site for mineral resource protection and no impact would occur as a result of the proposal. Mitil!ation: No mitigation measures are required. Issues: NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? c) A substantial pennanent increase in ambient noise levels in thc project vicinity above levels existing without the project? d) A substantial temporary or periodic 111crease 111 ambient noise levels in the project vicinity ahove levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? ~ For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Comments: See Mitigated Negative Declaration, Section E. Mitil!ation: See Mitigated Negative Declaration, Section F. __.._"_____n______n. Potentially Significant Impact D D D D D D ----- Less Than Significant With Mitigation Incorporated D D D . D D Less Tban Significant Impact . . . D D D No Impact D D D D . . Issues: Potentially Significant Impact Less Than Significant Witb Mitigation Incorporated Less Than Significant Impact No Impact XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by propos111g new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? D D D . b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? D D D . c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? D D D . Commeots: a-c) The proposed project involves minor expansion of the existing business. The proposal does not involve residential housing and would not induce population grow1h in the area or require substantial infrastructure improvements. No permanent housing exists on the project site and no displacement of housing or people would occur as a result of the proposal. Based on the size and nature ofthe proposal no impact to population or housing would occur as a result of the project. Mitil!atioo: No mitigation measures are required. XIII. PUBLIC SERVICES. Would the project: Result in substantial adverse physical in1pacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable senrice ratios, response times or other performance objectives for any public services: a) Fire protecrion? D D . D --~----"- --~------ Issues: Potentially Significant Impact Less Than Significant Witb Mitigation Incorporated Less Than Significant Impact No Impact b) Police protecrion? D D . D c) Schools? D D . D d) Parks? D D D . e) Other public faciliri~s? D D D . Comments: a) Adequate fIre protection services and response times can continue to be provided to the site without an increase of equipment or personnel. The applicant is required to comply with 1he Fire Department policies for new building construction and tire prevention. The proposed project would not have a significant effect upon or result in a need for new or altered fIre protection services. The City performance objectives and 1hresholds will continue to be met. b) Adequate police protection services and response times can continue to be provided upon completion of 1he proposed project. The proposed project would not have a signifIcant effect upon or result in a need for substantial new or altered police protection services. The City performance objectives and 1hresholds will continue to be met. c) The proposed project would not induce population grow1h; therefore, no signifIcant adverse impacts to public schools would result. According to 1he Chula Vista School District letter dated August 18,2005, 1he applicant would be required to pay 1he statutory building permit school fees for the non-residential construction/proposed commercial buildings. d) The proposed project would not induce population grow1h, 1herefore, 1he project would not have an impact on or create a demand for neighborhood or regional parks or facilities or impact existing park facilities. e) The proposed project would not have an impact on or result in a need for new or expanded governmental services and would be served by existing or planned public infi"astructure. Mitil!ation: No mitigation measures are required. -----..-----..----"---- - --~----_..__._---.-.. Issues: XIV. RECREATION. Would the project: a) Increase the use of existing neighborhood and regional parks or other recrearional facilities such that substanrial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact D D D . D D D . a) The proposed project would not induce population grow1h therefore no impact to existing neighborhood parks or recreational facilities resulting in physical deterioration would occur. b) The project does not include or require 1he construction or expansion of recreational facilities. The Parks and Recreation Element contained 1he City's current General Plan does not identifY 1he site of1he proposed project as an area plarmed for any future parks, recreational facilities, or o1her recreational programs. No impact would occur as a result of the proposal. Miti!!ation: No mitigation measures are required. XV. TRANSPORTATION / TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections) ? b) Exceed, either individually or cumulatively, a level of setvlce standard established by the county congestion management agency for designated roads or highways? ----- --.--- D . o D D D . D --- _._-----_._-----~ Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact c) Result in a change in air traffic patterns, including D D D . either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature D D D . (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., f= equipment)? e) Result in inadequate emergency access? D D . D ~ Result in inadequate parking capacity? D 0 . D g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? D D D . Comments: a-g) See Mitigated Negative Declaration, Section E Mitil!ation: No mitigation measures are required. XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? D D . D b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D D . D -~_._-_..---'- ---_..-.------~- Issues: c) Require or result in the construction of new storm water drainage facilities or expansiOn of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and reSOUIces, or are new or expanded entitlements needed? e) Result in a detertninati.on by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve 1he project's projected demand ill addition to the provider's existing commitments? ~ Be served by a landfill with sufficient petmitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Significant Impact o D D D D Less Than Significant Witb Mitigation Incorporated D D D D D Less Than Significant Impact . D . . . No Impact D . o D D _._----_._----_..._----_._-----~._-- Issues: Potentially Significant Impact Less Than Significant With :Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) The project is located within an urban area that is served by all necessary utilities and service systems and would not exceed the wastewater treatment requirements of the Regional Water Quality Control Board. Therefore, a Jess than significant impact would occur as a result of1he proposed project. b) The proposed project would not require the construction of new water or wastewater treatment facilities or the expansion of existing facilities. The project includes an automated car wash with a water reclamation system and separator to divide liquids and solids in compliance with Storm Water Management principles. Impacts to wastewater treatment facilities would be less than significant. c) No construction of new storm water drainage facilities or expansion of existing facilities would be necessary as a result of the proposed project. The project is required to implement Best Management Practices to prevent pollution of storm drainage systems and comply with the City's Storm Water Management Requirements therefore environmental impacts would be less than significant. d) The project site is within the water service area of the Otay Water District. There is a lO-inch water main located on East H Street currently serving the project site. No new or expanded entitlements are anticipated therefore the proposed project would have a less than significant impact. e) See XVI, a. and b. above f) The City of Chula Vista is served by regional landfills with sufficient capacity to serve the project and meet the solid waste needs ofthe region in accordance with State law. The proposal would have a less than significant impact on regional landfills. g) The proposal will be required to comply with federal, state and local regulations related to solid waste and would have a less than significant impact on the environment. Miti!!ation: No mitigation measures are required. XVII. THRESHOLDS Will the proposal adversely impact the City's Threshold Standards? A. Ubrary D D D . The Gty shall construct 60,000 gross square feet (GSF) of additional library space, over the June 30, 2000 GSF total, in the area east of Interstate 805 by buildout. The construction of said facilities shall be phased such that the City will not fall below 1he city- wide ratio of 500 GSF per 1,000 population. Library facilities are to be adequately equipped and staffed. Issues: B) Police a) Emergency Response: Properly equipped and staffed police units shall respond to 81 percent of "Priority One" emergency calls within seven (J) minutes and maintain an average response rime to all "Priority One" emergency calls of 5.5 minutes or less. b) Respond to 57 percent of "Priority Two" urgent calls 'W'ithin seven (1) minutes and maintain an average response time to all "Priority Two" calls of 7.5 rrUnutes or less. C) Fire and Emerr;ency Medical Emergency response: Properly equipped and staffed fire and medical units shall respond to calls 1hroughout the City within 7 rrUnutes in 80% of the cases (measured annually). D) Traffic The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with 1he exception that Level of Service (LOS) "D" may occur during 1he peak two hours of the day at signalized intersections. Signalized intersections west of 1-805 are not to operate at a LOS below 1heir 1991 LOS. No intersection may reach LOS liE" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps arc exempted from this Standard. E) Parks and Recreation Areas The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and community parkland with appropriatc facilities /1,000 population east of I-80S. F) Drainage The Threshold Standards require that stOffi1 water flows and volumes not exceed City Engineering Standards. Individual projects \Vill. provide necessary improvements consistent with 1he Drainage Master Plants) and City Engineering Standards. ._----_._---~--_._~'-~....--~- Potentially Significant Impact D D D D D Less Than Significant Witb Mitigation Incorporated D D D D D Less Than Significant Impact . . . D . ~o Impact D D D . o -~.. Issues: G) Sewer The Threshold Standards require that sewage flows and volumes not exceed Gty Engineering Standards. Individual projects will provide necessary in1provements consistent wi1h Sewer Master Planes) and City Engineering Standards. H) Water The Threshold Standards require 1hat adequate storage, treatment, and ttansm1ssion facilities are constructed concurrendy with planned growth and that water quality standards are not jeopardized during growth and construction. Applicants may also be required to participate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building permit issuance. Less Than Potentially Significant Less Than Witb Significant Mitigation Significant No Impact Impact Incorporated Impact D D . D D D . D Issues: Potentially Significant Impact Less Than Significant Witb Mitigation Incorporated Less Than Significant Impact ~o Impact Comments: a) The project would not induce population grow1h; therefore, no impacts to library facilities would result. No impact to 1he City's Library Threshold standards would occur as a result of the proposed project. b) According to 1he Police Department, adequate police protection services can continue to be provided at 1he project site. The proposal would not have a significant effect upon or result in a need for substantial new or altered police protection services. No impact to 1he City's Police threshold standards would occur as a result of 1he proposed project. c) According to the Fire Department, adequate fire protection and emergency medical services can continue to be provided to 1he site. The proposed project would not have a significant effect upon or result in a need for new or altered fire protection services. No adverse impact to 1he City's Fire threshold standard would occur as a result of1he proposed project. d) According to 1he Traffic Engineering Section, East H Street currently exceeds the LOS "c" 1hreshold standard however, 1he proposed project will result in a reduction in weekday trips. No fur1her impact to 1he City's Traffic threshold standard would occur as a result of1he project. e) Because 1he project site is a commercial land use, 1he Parks and Recreation threshold standard is not applicable. f) The applicant does not propose any new or improved drainage facilities on 1he project site. The applicant will be required to implement Best Management Practices (BMPs) to prevent pollution of storm drainage systems bo1h during and after construction and prevent discharge of trash, debris, or non-storm water to the storm drainage systems. In addition, 1he applicant will be required to comply wi1h 1he City of Chula Vista's Development and Redevelopment Storm Water Management Requirements Manual. Therefore, no adverse impacts to 1he City's storm drainage system or City's Drainage Threshold standards would occur as result of the proposed project. g) The Engineering Division has determined 1hat the existing sewer facilities are adequate to serve 1he proposed project. No new sewer facilities are necessary and no adverse impacts to 1he City's Sewer Threshold standards would occur as a result of the proposed project. h) According to the Otay Water District, water service can be provided via a IO-inch water main located on East H Street. Additionally, OWD has determined that the existing water storage, treatment, and transmission facilities are adequate to serve the project. The proposal would not result in a significant impact to the City's Water Threshold Standards. Mitil!ation: No mitigation measures are required. --- ._~______w_ Issues: XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to elin1inate a plant or animal community, reduce the number or testrict the range of a rare or endangered plant or anin1al or elin1inate Important examples of the major periods of California history or prehistory? b) Does the project have in1pacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either direcdy or indirecdy? Comments: Potentially Significant Impact Less Tban Significant Witb Mitigation Incorporated No Impact Less Than Significant Impact D D . D D D . o D . o o a) The project site is currently developed and located wi1hin an established urbanized area wi1hin the designated development area of the adopted Chula Vista MSCP Subarea Plan and there are no known sensitive plant or animal species or cultural resources on 1he site. No adverse impacts would occur as a result of the proposal. b) No cumulatively considerable impacts associated wi1h 1he project when viewed in connection wi1h 1he effects of past projects, other current projects and probable future projects have been identified. As described in 1he Mitigated Negative Declaration, project impacts would be mitigated to below a level of significance through 1he required mitigation measures. c) See Mitigated Negative Declaration, Section E. Potential impacts to humans associated with air quality, hazardslhazardous materials, hydrology/water quality, noise and transportation/traffic generation would be mitigated to below a level of significance. Mitil!ation: See Mitigated Negative Declaration, Section F. -----..-.--.---.-.-- --_._----~~- XIX. PROJECT REVISIONS OR MITIGATION MEASURES: Project mitigation measures are contained in Mitigated Negative Declaration IS-05-015, Section F, Mitigation Necessary to Avoid Significant Impacts and Table 1 Mitigation Monitoring and Reporting Program. XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant(s) andlor Operator(s) stipulate that they have each read, understood and have their respective cornpany's authority to and do agree to the rnitigation measures contained herein, and will implernent sarne to the satisfaction of the Environmental Review Coordinator. Failure to sign the 1ine(s) provided below shall indicate the Applicants' andlor Operator's desire that the Project be held in abeyance without approval. J.()R-NI} ~ .j?f)-fr;tJFL-- Printed Name and Title of Authorized Representative of [Property Owner's Name] Aut rty Owner's Name] esentative of ,j:IV'O(" Date [P Printed Name and Title of [Operator if different frorn Property Owner] Signature of Authorized Representative of [Operator if different from Property Owner] Date -~------,.- -------._~-_.~.._-~._-.._--, -_._--"'-----~--- XXI. ENVIRONMENT AL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the previous pages. o Land Use and Planning o Population and Housing o Geophysical o Agricultural Resources . Hydrology/Water . Air Quality o Threshold Standards . Transportation/Traffic o Biological Resources o Public Services o Utilities and Service Systerns o Aesthetics o Energy and Mineral Resources . Hazards and Hazardous Materials . Noise o Cultural Resources o Recreation o Mandatory Findings of Significance _._~..- -----,--------- XXII. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the D environment, and a Negative Declaration will be prepared. I find that although the proposed project could have a significant effect on the . environment, there will not be a significant effect in this case because revisions in the project have been rnade or agreed to by the project proponent. A Mitigated Negative Declaration will be prepared. I find that the proposed project may have a significant effect on the D environment, and an Environmental Impact Report is required. I find that the proposed project may have a "potentially significant impact" or D "potentially significant unless mitigated" impact on the environment, but at least one effect I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An Environmental Impact Report is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the D environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. r;:; /;q /;;0 Datk ./ (Ste've Power '-Environment Projects Manager City of Chula Vista J:\PlanninglJvfaryV\Terra Nova Service Station\lS-05-015CKLST.doc _.~-,------ RESOLUTION NO. PCC-OS-044 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION ADOPTING MITIGATED NEGATIVE DECLARATION IS-05-015, AND APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT AND OPERATE A CAR WASH FACILITY AND EXPAND AN EXISTING MINI-MART AT 350 EAST H STREET. - Lorna RatoneI/Carmalor, Inc. WHEREAS, on March 14, 2005, a duly verified application for a Conditional Use Pennit was filed with the City of Chula Vista Planning and Building Department by Lorna Ratonel/Cannalor, Inc. ("Applicant"); and WHEREAS, the application requests approval of a Conditional Use Pennit to allow construction and operation of a car wash facility and expansion of an existing rnini-rnart ("Project"); and WHEREAS, the area of land which is the subject of this Resolution is an existing sub- parcel within the Terra Nova Shopping Center identified as 350 East H Street in the PC-C, Planned Cornmunity - Cornrnercial Zone ("Project Site"); and WHEREAS, the proposed Project was reviewed for compliance with the California Environmental Quality Act and an Initial Study, IS-05-015, was prepared in accordance with the California Environrnental Quality Act. Based upon the results of the Initial Study, it has been detennined that the Project could result in significant effects on the environrnent. However, revisions to the Project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where, clearly, no significant effects would occur; therefore, a Mitigated Negative Declaration, IS-05-015, has been prepared; and WHEREAS, the Director of Planning and Building set the tirne and place for a hearing on the Conditional Use Pennit application, and notice of the hearing, together with it purpose, was given by its publication in a newspaper of general circulation in the City, and its rnailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the tirne and place as advertised, narnely Novernber 29, 2006 at 6:00 p.m. in the Council Charnbers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed; and WHEREAS, after considering all reports, evidence and testirnony presented at the public hearing with respect to the Project, the Planning Cornrnission voted to approve the Proj ect. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission finds as follows: A TT ACHMENT .3 Page 2 Novernber 29, 2006 That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. Adding a car wash facility and expanding the mini-rnart at the existing service station site within Terra Nova Plaza will provide a convenient location to serve the needs of the East H Street/Interstate 805 area. The closest car wash facility to the project site is approximately I Y2 rniles away. The provision of these goods and services in close proxirnity to home and work contributes to the general we1l-being of the neighborhood and community by a1lowing residents to cornplete necessary, routine errands without the stress and traffic generation of driving longer distances. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The proposed car wash and expansion of the mini-rnart wi1l not result in any negative impacts to health, safety or general welfare. The car wash facility will be completely enclosed under the existing service station canopy so that the existing setback to East H Street is maintained. This wi1l a1low the landscape/scenic corridor provided by the area sloping down from East H Street to continue providing a scenic corridor along East H Street. The ingress/egress to the site is designed so that no vehicle stacking problem will occur at the main entrance into the cornrnercial center. That the proposed use will comply with the regulations and conditious specified in the code for such use. The proposed use is located in a PC (Planned Community)/C (Comrnercial) Zone, which a1lows the operation of a car wash facility and a mini-rnart to serve both a car wash and service station, after securing a Conditional Use Penuit. The facility wi1l comply with required development and operating regulations, including height restrictions aud parking requirements contained in the Chula Vista Municipal Code. The existing building setback does not comply, but was previously approved. That the granting of the Conditional Use Permit will not adversely affect the General Plan of the City, the Montgomery Specific Plan or the adopted plan of any government agency. The adopted General Plan does not address specific land uses. Thus, the use, as proposed, has been found to be consistent with the General Plan and the Terra Nova Plaza Master Development Plan. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION finds that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-05- 015) has been prepared in accordance with the requirements of the California Page 3 Novernber 29,2006 Environmental Quality Act (CEQA), State CEQA Guidelines and the Environmental Review procedures of the City of Chula Vista, and adopts the Mitigated Negative Declaratiou aud Mitigated Monitoring and Reporting Program, IS-05-015. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION, BASED ON THE FINDINGS ABOVE, approves the Conditional Use Permit subject to the following conditions: Planning A. The following shall be accomplished to the satisfaction of the Director of Planning and Building, prior to issuance of building pennits, unless otherwise specified: 1. The applicant shall irnplernent, to the satisfaction of both the Planning and Building Departrnent and the City Engineering Departrnent, the rnitigation measures identified in the Terra Nova Service Station and Car Wash Mitigated Negative Declaration (IS-05-015) and Mitigation Monitoring and Reporting Prograrn. 2. If circulation or parking is cornpromised or negatively irnpacts other tenants of the shopping center, additional conditions and/or restrictions may be irnposed on the project to remedy the problerns. Planning and Building Department staff will review the project one year after operation begins to ensure that such problerns do not exist. 3. Hours of operation for the car wash shall be lirnited to 7:00 a.rn. - 10:00 p.rn. weekdays and 8:00 a.m. - 10:00 p.rn. weekends. 4. The two parallel parking spaces on the east side of the site shall be designated and labeled for ernployees only. 5. The storage unit in the northeast comer of the site shall be removed frorn the prernises. 6. The existing vacuum cleaner and air compressors on the west side of the site shall be removed so that the parking spaces in front ofthern can be used by customers. Engineering B. The following shall be accomplished to the satisfaction of the City Engineer: 7. The following fees will be required based on the final building plans submitted: a. Sewer Connection and Capacities fees; and b. Traffic Signal Fees Page 4 November 29,2006 8. Building plan submittal rnust include the location of existing and proposed sewer systern. 9. The Applicant shall subrnit a brief summation of the anticipated flow generation from the project, including any flow that will be generated by the car wash facility that is planned to be discharged into the sewer collection system. 10. The Applicant is required to implement Best Management Practices (BMP's) to prevent pollution of the stonn water conveyance systems, both during and after construction. Pennanent stonn water requirements shall be incorporated into the project design, and shall be shown on the plans. Any construction and non- structural BMP's requirernents that cannot be shown graphically rnust be either noted or stapled on the plans. Selection of appropriate BMP's shall be site and achvlty specific to prevent discharge of trash, debris, or non-stonn water to stonn drain systems resulting frorn car wash or auto detailing activities. II. The Applicant is required to cornplete the applicable fonns stated in the City of Chula Vista's Developrnent and Redevelopment Stonn Water Management Requirernents Manual and comply with the Manual's requirements. 12. The proposed trash enclosure shall be covered and the site graded in such a way as to prevent run-on into the trash enclosure areas. 13. Design and construction of the car wash tunnel shall include features that prevent tracking of non-stonn water to outdoor areas. 14. Outdoor storage of hazardous materials or other pollutants shall be under cover and with adequate containrnent, all in accordance with federal, state and local laws and regulations. Fire C. The following shall be accornplished to the satisfaction of the Fire Department: 15. The Applicant shall provide separate subrnittal for Fire Sprinkler plans. 16. The Applicant shall provide plans showing the following: a. Location of ernergency shutdown devices for all fuel dispensers; b. Location of signs prohibiting srnoking, dispensing into unapproved containers and requiring vehicle engines to be stopped during fueling; c. Plans for illumination of exit paths and signs; and d. Provision for portable fire extinguishers throughout the convenience store. Page 5 November 29,2006 17. The Applicant shall re-test shear valves on the pumps on the north side of the site to ensure that they are working properly and blocking off. 18. The Applicant shall take all steps necessary to ensure that only one vehicle per pump is allowed. 19. The Applicant shall comply with all other requirernents of the Fire Department. II. The following on-going conditions shall apply to the property as long as it relies on this approval: 20. The conditions of approval for this Conditional Use Permit shall be applied to the subject property until such time approval is revoked, and the existence of this approval with conditions shall be recorded with the title ofthe property. 21. The project site shall be developed and maintained in accordance with the plans approved for DRC 05-41 by the Design Review Cornrnittee. 22. Approval of the Conditional Use Permit shall not waive cornpliance with all sections of Title 19 of the Municipal Code, and all other applicable laws and regulations in effect at the time of building permit issuance. 23. Any deviation from the above noted conditions of approval shall require the approval of a rnodified Conditional Use Permit by the Zoning Adrninistrator. 24. This Conditional Use Permit shall becorne void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to cornply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 25. This Conditional Use Permit shall be subject to any and all new, rnodified or deleted conditions irnposed after approval of this Permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the applicant and after the City has given to the applicant the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive the applicant of a substantial revenue source which the applicant, in the normal operation ofthe use permitted, be expected to econornically recover. 26. If any of the foregoing conditions fail to occur, or if they are, by their terms, to be irnplernented and maintained over tirne, if any of such conditions fail to be so irnplernented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, Page 6 November 29,2006 institute and prosecute litigation to cornpel their cornpliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this permit may also result in the imposition of civil or crirninal penalties. 27. It is the intention of the Planning Comrnission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of cornpetent jurisdiction to be invalid, illegal or unenforceable, this Resolution and the Permit shall be deerned to be autornatically revoked and of no further force and effect. 28. The Property Owner and Applicant shall and do agree to indernnify, protect, defend and hold harmless City, its City Council mernbers, officers, employees and representatives, frorn and against any and all liabilities, losses, darnages, dernands, c1airns and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, frorn (a) City's approval and issuance of this Conditional Use Permit and (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated on the project site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. The Property Owner's and Applicant's cornpliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. The Property Owner and Applicant shall execute this document by signing on the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein, and will irnplernent same. Upon execution, this docurnent shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, starnped copy returned to the City's Planning and Building Departrnent. Failure to return the signed and stamped copy ofthis recorded docurnent within 10 days ofrecordation shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Property Owner 350 East H Street Date Signature of Applicant Date PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 29th day of November, 2006, by the following vote, to-wit: Page 7 Novernber 29, 2006 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Bryan Felber, Chair Diana Vargas, Secretary J:IPlanninglCase Filesl-OS (FY 04-0S)IPCCIPublic HearingIPCCOS-044lResolutionslPC Resolution for Terra Nova Carwash.doc ~u?- -.~ ":,.. -:..::: em OF CHULA VISTA Planning & Building f::>lanning Division Department Development Processing APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies 01 the City, a statement of disclosure 01 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 financiaJ interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, materia! supplier. Jr~A' (j.R~ 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $ 000 investment in the business (corporation/partnership) entity. 3 if any person"" identified pursuant to (1) above is a non-profit organization Of trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust ~-- 4- P!ease identify every person, induding any agents, emp~oyees, consuitants, or independent contractors you have assigned to represent you before the City in this matter. !}j p L 12-J. -<L;l'~ ) 5 Has any person'" associated with this centract had any financ:a! deaiings wittvcin officiai** of the City of Chuia \/Ista as it remtes to this comract within the past 12 months_ Yes~ No~ ~_._._----- -"----- JYes, briefly describe the nature of the financiai interest the officia,- may have in this contract. ---"-- 5 Have you made a contributjo~ mere than $250 within the past twe~ve (12) months to a current member of the Chwa Vista City Councii? No _ Yes _ J yes, which Counci~ member? ----- 276 Fourth ~,\lE'niJe Chuia Vi:;td ..-. ]'-. . ,__d.i I ,'Jrn Id A TT AO-iMENT 5 ~\fJ/ -.~ '-- - - - - -- P I ann n g & Building f')lanning Division Department Deve!opment Processina - b CIlY OF CHUIA VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12);nonths? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes_ No--,",,"- If Yes, which official** and what was the nature of item provided? Date: d-Iz)- () 5 ~fL~ Signature 0 Co or/APPII~ . /.-- O:Z.!0 t) E. . 70 N b~rint or type name of Contractor/Applicant Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. OfficiaJ includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 276 Fuunh i\venue Chula Vista California 9191U (619) 691-.3101 PLANNING COMMISSION AGENDA STATEMENT Item: 3 Meeting Date: 11/29/06 ITEM TITLE: Public Hearing: Conditional Use Permit (PCC-06-095) for the sale of alcoholic beverages at "A Taste of Italy Restaurant" located at 1730 East Palomar Street, Suite 1 ~ Steve Abbo, Applicant. Steve Abbo, owner of A Taste ofltaly Restaurant, has applied for a Conditional Use Permit (CUP) for the sale of alcoholic beverages in conjunction with a restaurant as required by the Otay Ranch Sectional Planning Area (SPA) Plan for Villages One and Five. A Zoning Adrninistrator (ZA) hearing was held on October 23,2006 and the hearing officers determined the case should be set for a Planning Cornrnission public hearing. ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the proposed project for cornpliance with the California Environmental Quality Act and has determined that the proposed proj ect was adequately covered under the Second Tier FEIR-97 -03 as certified by the City Council on Novernber 10, 1998 and in previously adopted Otay Ranch Sectional Planning Area (SPA) One and Annexation Final Second Tier Environmental Impact Report, EIR 95-01. ZONING ADMINISTRATOR RECOMMENDATION: At the ZA public hearing on October 23,2006, the ZA Hearing Officer received testirnony frorn the applicant and the residents and determined that since both parties were uuable to reach an agreement, the item should be set for a public hearing before the Planning Cornrnission. RECOMMENDATION: That the Planning Commission approves Planning Cornrnission Resolution PCC-06-095 approving the Conditional Use Permit in accordance with the findings and subject to the conditions contained therein. DISCUSSION: 1. Site Characteristics The project site is a mixed-use development, which, in addition to design advantages, intentionally brings residential dwelling into close proximity to commercial activities. This is distinguished from purely rnulti-family neighborhoods where such activities are precluded. Living in a rnixed-use neighborhood has the advantage of convenience, and easy access to amenities, but carries with it a certain level of nearby activity that would not normally occur in a residential neighborhood. Page 2, Item: Meeting Date: 11/29/06 The restaurant is centrally located in the heart ofthe Village Five Mixed-Use Commercial District at the comer of Santa Cora Avenue and East Palornar Street. The restaurant is part of the 10,000-sq. ft. of ground level retail in-between the four-story 48-unit residential condorninium building (1760 East Palornar Street), and the four-story 24-unit residential condominiurn building (1241 Santa Cora Avenue) attached behind and above the restaurant. 2. General Plan. Zoning and Land Use The property is designated Mixed-Use Village Core in the Otay Ranch General Developrnent Plan and is zoned Planned Comrnunity (PC), where the District Regulations classify the land use as Cornmercial in the Otay Ranch Sectional Planning Area (SPA) One for Village Five. 3. Proposal The proposal is a request to allow alcoholic beverage sales within an existing restaurant located in the SPA One Planned Community (PC) Village Five Mixed-Use District CommerciallResidential Multi-Family Two (15+ units/acre) C/RM2 Zoning Classification. The Conditional Use Pennit for a restaurant is required where the sale of alcohol is not limited to the incidental serving of beer/wine, and where the serving of alcoholic beverages includes a cocktail lounge, bar, entertainment or dancing (SPA One PC District Regulations Section III-24). The restaurant consists of three indoor booths and two indoor tables providing 20 indoor seats, and a 6-seat cocktail lounge, for a total of26 indoor seats. In addition the outdoor patio area provides II four-seat tables, and 5 two-seat tables, for a total of 54 seats. The total restaurant seating capacity is for 80 persons. BACKGROUND: According to the Police Department, a public notice was sent to 51 resident units located in the vicinity of the restaurant regarding the application for an Alcohol and Beverage Commission (ABC) license on behalf of the restaurant on November 30, 2004. A zoning affidavit was erroneously approved in conjunction with the ABC license application in Decernber 2004 indicating that a CUP application was not necessary. With no public cornrnent, the ABC license was issued without conditions on January 27,2005. The Villagio condominiums opened in 2005, so the public noticing for the ABC license likely didn't capture any ofthe 72 residential units located adjacent or attached to the restaurant. Meanwhile, the building pennit and construction process took all of the rernainder of the year 2005 and into the Spring 2006 before the restaurant was able to open in April 2006. The Police Department received its first Call for Service on April 2, 2006 for loud noise disturbances associated with alcohol consumption occurring on the patio. The cornplaint was brought to the attention of the Planning Departrnent, where it was discovered that a CUP application should have been made for the sale of alcoholic beverages. Planning staff contacted the restaurant owner about Page 3, Item: Meeting Date: 11/29/06 the CUP requirement and the owner duly applied for a CUP on June 19,2006. Public notices were sent to residents and owners within 500-ft. ofthe restaurant in August 2006 requesting cornrnents for a Zoning Adrninistrator (ZA) determination. The Planning Departrnent received letters and a petition frorn residents of the rnixed-use project, and a ZA public hearing was held on October 23, 2006. Since a consensus could not be reached between the residents and the restaurant owner, the ZA Hearing Officer determined to refer the CUP to the Planning Cornrnission. ANALYSIS: The Taste of Italy Restaurant is a retail cornrnercial use that is mutually desired by both nearby business operators within the Villagio Town Center as well as the surrounding Otay Ranch Village Five neighborhood community. At issue is what types of conditions need to be applied to the restaurant operation in order to enable it to maintain a positive relationship with the adjacent and abutting mixed-use residents living within the Villagio Town Center. Based on the testimonies received fTorn the applicant and the residents at the October 23rd Zoning Adrninistrator public hearing (see Attachrnent 2), as well as the letters and petition received (see Attachment 3), it is clear that sorne operational controls should be proposed in order to allow the restaurant to be cornpatible primarily with the residents living in the 72 condorninium units adjacent and abutting the Taste ofItaly Restaurant. Towards that end, the hours of operation for both the restaurant and the sales of alcohol should be addressed to reduce the adverse affects of loud nuisance noise and the potential for public intoxication associated with alcohol consurnption. Currently the restaurant hours of operations are between 11 :00 a.m. and 2:00 a.m. everyday. Staff proposes that the hours of operation be revised to between 11 :00 a.m. and 11 :00 p.rn. on weekdays (Sunday through Thursday) and between 11 :00 a.m. and 12:00 p.m. on weekends (Friday and Saturday). These proposed hours of operation comparable to those for other restaurant serving alcoholic beverages that are located within the vicinity of Eastern Chula Vista: Restaurant: Miguel's (656-2822) Island's (397-2643) Chili's (656-2910) Carino's (397-7307) Weekdavs (Sundav - Thursdav): 11 :00 a.rn. - 9:30 p.m. II :00 a.rn. - 10:00 p.rn. 11 :00 a.rn. - 11 :00 p.rn. 11 :00 a.rn. - 10:00 p.m. Weekends (Fridav & Saturdav): 10:00 a.rn. - 10:00 p.rn. 10:00 a.rn. - II :00 p.rn. 11 :00 a.rn. - 11 :30 p.rn. 11 :00 a.m. - 11 :00 p.rn. The hours of operation at other Taste of Italy chain restaurants are controlled as follows: Restaurant: TOI - Hillcrest TOl- Rancho San Diego TOl- Del Mar Vesuvio's - North Park Etna's - City Heights Weekdavs (Sundav- Thursdav): 11 :00 a.m. - 11 :00 p.rn. 11 :00 a.m. - 12:00 rnidnight II :00 a.rn. - 12:00 midnight 11 :00 a.rn. - II :00 p.m. 11 :00 a.m. - 2:00 a.m. Weekends (Fridav & Saturdav): 11:00 a.rn. -12:00 rnidnight 11 :00 a.rn. - 2:00 a.rn. 11:00 a.rn. -12:00 rnidnight II :00 a.rn. - 12:00 midnight 11 :00 a.m. - 3 :00 a.rn. Page 4, Item: Meeting Date: 11/29/06 If the restaurant closed at 11:00 p.m. on weekdays (Sunday through Thursday) and ]2:00 p.m. on weekends (Friday and Saturday) the cornplaints about late night employee activities, such as after hour gatherings and clean-up involving the durnping of trash receptacles and the opening of trash enclosure gates and dumpsters, should be eliminated during the early morning hours of3:00 and 4:00 a.rn. Such activities would be lirnited to occurring between 11:00 p.rn. and ]2:00 midnight on weekdays and ]2:00 midnight and 1 :00 a.m. on weekends. In addition, based on limitations that are typically applied by ABC licensing to establishments that provide outdoor alcohol sales and consurnption, it is proposed that the sale of alcoholic beverages be lirnited to the indoor portions of the restaurant and prohibited on the patio after 9:00 p.rn. on weekdays (Sunday through Thursday) and 10:00 p.rn. on weekends (Friday and Saturday). As noted above, 54 of the 80 seats are in the out door patio area, while only 26 seats (including a 6-seat cocktail lounge) are indoors. Based on the testimonies that most ofthe nuisance noise reported were the result onate night noise associated with alcohol consumption on the patio, lirniting alcohol sales to the indoor dining areas and the cocktail lounge in the final two hours before the restaurant closes would reduce the potential for nuisance noise projecting into the adjacent and abutting residential units closer to the quiet hours of the late evening. Other proposed special conditions have to do with the primary function as a restaurant in relation to the sale of a1cohol and live entertainrnent. In keeping with the intent of the ABC license, the restaurant should distinguish receipts of total food sales from alcohol sales on a quarterly basis, verifying on dernand that food sales are greater than 50 percent of the total restaurant sales. Regarding live entertainment, it is proposed that limited fonns of live entertainment such as live music, karaoke and disc jockeys be allowed in the interior of the prernises before 9:00 p.rn. nightly and no later unless specifically approved by the Planning and Building Director. CONCLUSION: Staff recommends that the restaurant close at 11 :00 p.m. on weekdays (Sunday through Thursday) and 12:00 p.rn. on weekends (Friday and Saturday). In addition, those alcohol sales in the outdoor patio are prohibited after 9:00 p.m. on weekdays (Sunday through Thursday) and 10:00 p.m. on weekends (Friday and Saturday). As a restaurant, food sales should be greater than 50 percent ofthe total restaurant sales, and quarterly sales receipts should be available on demand by fl1e City to verifY that the restaurant is in cornpliance with the intent of the ABC license for restaurants. Live entertainment on limited basis shall also be allowed in the interior ofthe prernises. Based on the addition ofthese conditions, staff recomrnends approval of the conditional use pennit as noted in the draft Planning Comrnission Resolution PCC-06-095. ATTACHMENTS: 1. Locator Map 2. October 23, 2006 Zoning Administrator Hearing Minutes 3. Letters and Petition ITom Surrounding Community Residents 4. Draft Planning Commission Resolution 5. Application Documents with Disclosure Statement 6. Villagio Town Center Site PlanfTaste of Italy Floor Plan J :\PLANNING\HAROLD\PCC-06-095-PCREPORT .DOC RESOLUTION NO. PCC-06-095 A RESOLUTION OF THE PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A RESTAURANT AT 1730 EAST PALOMAR STREET, SUITE 1 OTAY RANCH VILLAGE FIVE - STEVE ABBO. WHEREAS, a duly verified application for a conditional use pennit was filed with the City of Chula Vista Planning and Building Departrnent on June 19, 2006 by Steve Abbo, ("Applicant"); and WHEREAS, the application requests pennission for the sale of alcoholic beverages in conjunction with a restaurant located at 1730 East Palornar Street, Suite 1 within the mixed-use village core of Otay Ranch Village Five; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has detennined that the proposed project was adequately covered in previously adopted Otay Ranch Sectional Planning Area (SPA) One and Annexation Final Second Tier Environrnental Irnpact Report EIR-95-01; and WHEREAS, the Zoning Adrninistrator held a public hearing on October 23, 2006 and the Zoning Adrninistrator public hearing officer, after receiving testirnony frorn the applicant and residents, referred the Conditional Use Pennit to the Planning Commission; and WHEREAS, the Planning Comrnission set the tirne and place for a hearing on said conditional use pennit and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on Novernber 29, 2006, in the Council Charnbers, 276 Fourth Avenue, before the Planning Cornrnission and said hearing was thereafter closed; and WHEREAS, the Planning Cornrnission considered all reports, evidence, and testirnony presented at the public hearing with respect to the subject application. WHEREAS, the Planning Comrnission of the City of Chula Vista rnade the following findings, as herein below set forth, and sets forth, there under, the evidentiary basis that pennits the stated finding to be rnade: Planning Commission Resolution PCC-06-095 Page 2 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposal will provide a public amenity as a restaurant that is desirable to the irnrnediate neighborhood and cornrnunity. The restaurant consists of three indoor booths and two indoor tables providing 20 indoor seats, and a 6-seat cocktail lounge, for a total of 26 indoor seats. In addition the outdoor patio area provides 11 four-seat tables, and 5 two-seat tables, for a total of 54 seats. The total restaurant seating capacity is for 80 persons. In addition, it will contribute to the cornmercial viability of the rnixed-use cornmercial residential property at this location, and will not adversely affect the general well being of the neighborhood or the community. The restaurant is centrally located in the heart of the ground level retail Mixed-Use Village Five Cornmercial District at the corner of Santa Cora A venue and East Palornar Street. It is the focal point tower and pedestrian entry feature in- between the four-story 48-unit residential condorniniurn building (1760 East Palornar Street) located above the other ground floor retail to the east and across from the restaurant patio, and the four-story 24-unit residential condorniniwn building (1241 Santa Cora Avenue) attached behind and above the restaurant. 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The use will be subject to meeting all health, safety and general welfare standards and regulations set forth by the City of Chula Vista. The property owuer shall comply with the City's noise ordinance. The subject property shall also comply with all conditions of approval as well as Municipal Code Chapter 17.24 (noisy and disorderly conduct) standards, so as not to becorne a nuisance to surrounding property owners. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The approval ofPCC-06-095 requires cornpliance with all conditions, codes and regulations, as applicable as part of the occupancy of the facility and the site. If any changes are made to the existing building, the applicant shall meet all building pennit and code requirements. 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. This Conditional Use Pennit issuance provides compliance with the General Plan, the Zoning Ordinance, the Otay Ranch Sectional Planning Area (SPA) One Plan for Village Five, and the Village Five Core Master Precise Plan. It will not alter the land use patterns set forth in any of these adopted planning documents noted above. Planning Commission Resolution PCC-06-095 Page 3 WHEREAS, the Planning Cornmission of the City of Chula Vista grants Conditional Use Permit PCC-06-095 subject to the following conditions whereby the applicant and/or property owners shall: I. Prior to the issuance of any permits required by the City of Chula Vista for the use of the subject property in reliance upon this approval, the applicant shall satisfy the following requirements: A. The applicant shall irnplement to the satisfaction ofthe Director of Planning and Building and the City Engineer all pertinent environmental rnitigation measures identified in previously adopted Otay Ranch Sectional Planning Area (SPA) One and Annexation Final Second-Tier Environmental Impact Report (EIR) 95-01. B. Building Permits shall be required for any structural, electrical, rnechanical, and plurnbing alterations. Building plans shall comply with 2005 Handicapped Accessibility, Energy Requirernents, and the 200 I CBC, CMC, CPC, and CEC requirernents. II. Prior to use or occupancy of the property in reliance on this approval, the following requirements shall be met: A. Cornply with any Fire Department requirements resulting ti-orn a site inspection for a business license. B. The site shall be developed and maintained in accordance with the approved plans, on file in the Planning Division; the conditions contained herein, Title 19, and the Otay Ranch Sectional Planning Area (SPA) Plan One for Villages One and Five. C. Prior to any use of the project site or business activity being comrnenced thereon, all Conditions of Approval shall be cornpleted to the satisfaction of the Planning Director. III. The following on-goiug conditions shall apply to the subject property as long as it relies upon this approval: A. The hours of operation for the restaurant, including the sales, service and consumption of alcoholic beverages shall be permitted only between the hours of II :00 AM and 11:00 PM, Sunday through Thursday, and 11 :00 AM and 12:00 Midnight, Friday and Saturday. B. Sales, service and consurnption of alcoholic beverages shall be permitted in the outside patio areas of the prernises only between the hours of II :00 AM and 9:00 PM, Sunday through Thursday, and 11:00 AM and 10:00 PM, Friday and Saturday. The sale of alcoholic beverages for consurnption off the premises is strictly prohibited. C. The licensee shall at all times maintain records which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. Said records Planning Commission Resolution PCC-06-095 Page 4 shall be kept no less frequently than on a quarterly basis and shall be rnade available to the Alcohol Beverage Cornrnission (ABC), the Police Departrnent and/or the Planning and Building Departrnent on demand. D. There shall be no live entertainrnent such as dancing, topless entertainrnent, male or fernale performers or fashion shows on the prernises. Live entertainment such as live music, disc jockey, karaoke may be provided in the interior of the premises but shall not be audible outside the prernises. No live entertainment shall be allowed after 9:00 PM unless approved by the Planning Director. E. Approval of this request shall not waive compliance with all sections of Title 19 of the Municipal Code, and all other applicable City Ordinances in effect at the tirne of building permit issuance. F. This Conditional Use Permit shall be subject to any and all new, rnodified or deleted conditions imposed after approval of this permit to advance a legitirnate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this docurnent shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy of this recorded document shall be returned within ten days of recordation to the Agency's secretary. Failure to return said docurnent to the Agency's secretary shall indicate the property owners/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the Agency's office and known as document No. _' Signature of Applicant and/or Authorized Representative Date Signature of Property Owner, 1730 East Palomar St., Ste. I Date Planning Commission Resolution PCC-06-095 Page 5 INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Cornrnission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of cornpetent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be autornatically revoked and of no further force and effect ab initio. NOW, THEREFORE, BE IT RESOLVED THAT, frorn the facts presented to the Planning Commission, the Cornmission has determined that the approval of a conditional use perrnit is consistent with the City of Chula Vista General Plan and the Otay Ranch General Developrnent Plan, as well as the Zoning Code, and all other applicable plans so that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION approves this resolution granting the conditional use perrnit in accordance with the findings and conditions contained herein and that a copy of this resolution be transmitted to the owners of the property and the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 29th day of November, 2006 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Bryan Felber, Chair ATTEST: Diana Vargas, Secretary J :IPLANNINGIHAROLDlRESOLUTIONSIPCC-06-095-PCRESO.DOC Taste of Italy "0 0:: ro '6 OJ Z ro ..J C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT Taste of Italy PROJECT DESCRIPTION, C) APPLICANT, CONDITIONAL USE PERMIT PROJECT 1730 E Palomar 51. # 1 ADDRESS, Request: Proposal is to serve alcoholic beverages on site. SCALE: FILE NUMBER: NORTH No Scale PCC-Q6-Q95 J:\planning\carlos\locators\pcc06095.cdr 11.17.06 ZONING ADMINISTRATION HEARING Taste of Italy Conditional Use Permit October 23, 2006 Hearing Called to Order at: 4:06 p.m. by the Zoning Adrninistrator, Mr. John Schrnitz. Staff Present: John Schmitz, Zoning Administrator Harold Phelps, Associate Planner Rick Rosaler, Principal Planner Scott Donaghe, Senior Planner Linda Bond, Recording Secretary Others Present: Diah Asker, Taste of Italy, 1739 E. Palomar Street Steve Abbo, Taste of Italy, 1739 E. Palomar Street Carlos Arroyo, Taste of Italy, 1739 E. Palomar Street Evelyn Berwick, 1241 Santa Cora Avenue, #134 Scott Atwood, 1241 Santa Cora Avenue, #336 Joseph Shayota, brother is resident of EastLake Stephine Stezem, 1241 Santa Cora Avenue, #135 Procedure: Mr. John Schrnitz announced that he would be acting as the Zoning Administrator for this Administrative Public Hearing to determine if, and under what conditions, the proposed restaurant with alcoholic beverages and outdoor seating should be allowed. He stated that Staff has prepared a draft Notice of Decision recornrnending approval of this request with certain conditions. Under the provisions of Chapter 19.14 of the Chula Vista Municipal Code, he had the authority to do one of the following things: 1. Approve the request relying on the reasons sited in the draft Notice and applying the conditions therein. 2. Approve the request but add or rnodify the conditions in the draft Notice as may be appropriate to ensure the health, safety and general welfare of the community. 3. Deny the request siting the reasons, or 4. Refer the matter to the Planning Commission with a recommendation. Any action to approve or deny the project can also be appealed to the Planning Conunission. Mr. Schmitz then laid out the procedures for the meeting: staff presentation, applicant testimony, and then testimony from the public. Zoning Administrator Hearing Notes Taste of Italy October 23,2006 Mr. Schmitz indicated that it was his desire to rnake a decision this aftemoon. But to do so, he may need to adjoum to work out language details. If there are additional Conditions of Approval required. Depending on how difficult that is, he may re-convene to announce the decision here, or he may take advantage of what the Ordinance allows for, which is a 10-day period to mail out the final decision. Mr. Harold Phelps (Associate Planner) gave a brief background report on the restaurant and the tirning of the rest of the mixed-use Villagio Town Center. According to the Police Departrnent, the first call for service was April 2, 2006 for loud noise disturbances. The complaint was brought to the attention of the Planning Department where it was discovered that a Conditional Use Permit should have been approved for the sale of alcohol. The restaurant owner applied for the Conditional Use Permit application on June 19, 2006. Comments were due from other departrnents as well as other agencies by July 10, 2006. No comrnents were received. The Public Notice was advertised and cornrnents were due by August 25, 2006. Staff received a petition with 64 signatures in opposition to certain aspects of the existing restaurant. Discussion: Mr. Diah Asker (President, Taste of Italy, 1730 E. Palomar Street) believes they have followed procedures with the City and cornplied with all the requirernents in opening up the business. He expressed uncertainty about what complaints are being raised with the business. Mr. Steve Abbo (Taste of Italy, 1730 E. Palomar Street) handed out letters of support from Calvary Chapel Church, the elementary school and from sorne residents. Mr. Asker stated that they want to provide this service to the cornmunity in EastLake. He noted a lack of other Italian restaurants or places to go eat and have a cocktail to complirnent a meal. He felt that is an important service. He acknowledged that there are many more restaurants coming in the area they are not going to be doing anything different from all the others in a 3-rnile radius. Ms. Evelyn Berwick (1241 Santa Cora Avenue, #134) stated that, when the residents moved into Villagio, they were actually excited that Taste of Italy was going to be opening. They liked the idea that a mixed-use area would have these businesses there. She then responded to a few things that Mr. Asker said. She noted that to do things properly the business should have filed a Conditional Use Permit. The petition does not totally oppose a business in the area. She responded to the comment that there are other businesses doing things, and they are not doing anything different. Ms. Berwick stated that the Miguel's Restaurant, Islands, Chili's, Johnny Carinos, which actually is an Italian restaurant in the EastLake area, all close around 10:00 or 11 :00 p.m. on Saturdays. The main problem that the Villagio rcsidents have (the 64 people that signed the petition) is that Taste of Italy is open to 12:00 a.m. during the week and 1:00 a.m., to 2:00 a.m. on weekends. Page 2 Zoning Administrator Hearing Notes Taste ofltalv October 23,2006 Ms. Berwick stated that the problem started on March 31 st when the restaurant first opened she had called to cornplain that their valet had parked a Range Rover on the sidewalk. On April 2nd, at 3:15 a.m., she called the Police about music going on until 4:00 a.m. She said that she called the restaurant several tirnes to complain about music late at night on the patio, people drunk and fights. She also said that the residents do not want a restaurant that is open until 1 :00 or 2:00 a.m. and taking out the trash about 1 :00 a.rn. every night. She said that the constant late night disturbances have been detrimental to her sleep and to functioning at work. In addition to weeknights, on the weekends, they are open until 2:00 a.rn. That is really when trouble ensues. When the residents would really like the neighborhood to be quieting down around 10:00 or 11 :00, that is actually when the noise picks up. She noted that when other restaurants, (Miguel's, etc.) close people in the neighborhood know that this is the spot to come to drink. It's not the fact that it's just a restaurant being open, but they serve alcohol very late into the evening. Concerning the church across the street, she noted that they don't live there day in and day out with people partying outside of their windows. Ms. Berwick requested the following conditions: . That the restaurant be required to close for business no later than 9:00 p.m. during the week with lock-up continuing no later than 10:00 p.rn. . On the weekends, a request for a sirnilar timeframe, which may be 11 :00 p.m. or 12:00 a.rn. They actually close at 3:00 or 4:00 a.m. sornetimes. On April 12th, I called the restaurant at 3:50 a.m. and spoke with someone who identified hirnself as the owner. 1 said that you are open alrnost 2 hours later than you normally are. He said he had friends there that were drinking. So, they use it as a personal party environment, and it's very, very disruptive. . That they be prohibited from selling alcoholic beverages on the patio, which they exclusively do during the evening, after 9:00 p.m. . That they be prohibited from selling alcohol to intoxicated persons, which they have already intoxicated. 1 have called several times and spoken to the Manager, Carlos, who has told me that he didn't know what to do with the drunk people on the patio, they get rnad at him ifhe says something. . That the owners, managers and employees be restricted frorn taking out the trash, which passes by the majority of the units with bedrooms on the other side, no later than 9:00 p.rn. . No music on the patio no later than 9:00 p.m. Mr. Abbo indicated on the site plan where the trash enclosurcs were located. The apartmcnts asked them to rnove one of the trash enclosures to a differcnt area because that they wanted Page 3 Zoning Administrator Hearing Notes Taste ofltalv October 23,2006 the rcstaurant to stay away from somc of the other residential enclosures because they were overflowing. Mr. Scott Atwood (1241 Santa Cora Avenue, #336) statcd that the residents are constantly woken up by the noise at the restaurant and trashcans being rolled across the parking lot in the early rnorning hours. A lot of residents sleep with their windows open so they don't have to utilize the air conditioning, which he said should be a right to thern. Noise ITom the restaurant shouldn't cause them to have to sleep with their windows closed. He concurred that they were very excited for the rcstaurant to be opening there, but the late hours is a continuous problern because ofpcople being drunk. He said that people have vomited on the sidewalk and it hadn't been clcaned up. Vehicles are being parked in front of the valet in the travel lane of Santa Cora just for a matter of minutes, but that rnight be a safety concern. He said that the trash has been hrought up at the homeowners association meetings that the restaurant was uti lizing the main trash compact cornpartrnent closest to the restaurant to overflowing. The rcstaurant agreed to abide by their initial agreernent that they could throw trash in the three other trash bins. But since then, trash has begun to come back into that first main initial compartment, which many of the residents use. Primarily the recycling cornpartment has filled 8 boxes to overflowing so that some materials are going ITom the recycling bin over into the main trash compartment, which is situated at the rnain entrance to Villagio. Consequently, this also starts to look bad in our complex because there is so much trash being thrown into that one bin. He repeated concerns with the noise that is caused by the trash being taken out late at night and also people on thc patio consurning alcohol and being loud at late hours. He statcd that they are not trying to eliminate the alcohol or eliminate the restaurant altogethcr, but they would just like to see the conditions met that werc set forth by Ms. Berwick. Mr. Askcr acknowledged what Ms. Berwick said earlier and said had they known that they needed a Conditional Use Pcrn1it they would have applied for one at the time. He noted that the restaurant opened up on April 3,,1, not on March 31 st as Ms. Berwick stated. He asked everyone to remember that this is a mixed-use project, and said the same issues will come up when the other business owners come in to Villagio. He said that residents should be rnore adaptable because they are living in a mixed-use area and understand that there is going to be noise. Mr. Asker noted that there were no objections during the ABC license process. He said that some of the issues are normal and that in a project with 200 to 300 people not all the problems are necessarily the restaurant's fault. Mr. Schmitz asked how the trash was being taken out as Mr. Atwood had stated it was heing rolled out. Mr. Carlos Arroyo (On-Site Manager, Taste of Italy, 1730 E. Palomar Street) responded that it uscd to be taken out by two guys holding the trashcans in the air, but because they werc getting complaints, they now roll out the trash on a dolly. Mr. Rick Rosaler (Principal Planner) asked how often trash service was provided to the complex. Mr, Atwood stated that it was twicc a week but it was brought up at the Page 4 Zoning Administrator Hearing Notes Taste of Italv October 23,2006 homeowners association meetings that, if needed, it should bc increased to three tirnes a weck. The burden of the additional cost would fall on the residents so they to ask that the restaurant abide by their initial agreement and take their trash to the other trash bins which would avoid the primary bin overflowing. Mr. Asker stated that, if the residents wanted an extra pick up, the restaurant would be willing to pay for it. Ms. Berwick stated that her point is that taking out trash will make noise and that's why it shouldn't be taken out at 1 :00 a.rn. each night. It's even worse when they drag it all the way to the other side at 1 :00 a.rn. Even if it's on rollcrs, the workers talk; she has had occasion to call out of her window asking thern to he quiet yet every night they say they are sorry. She also said this affects our property values. She knows a few people who are desperate to sell and who have left already because of the party atrnosphere out on the restaurant patio. Mr. Abbo reiterated his comments about issues associated with mixed-use projects. He said he has not been approached by the police with these cornplaints and felt that all the calls to the restaurant late at night are frorn one person. Mr. Schmitz stated that there was a comment made about people showing up later because othcr restaurants are closing. He asked Mr. Abbo if that was part of their operational pattern whcther they regularly see an influx at 12:00 a.m. or so? Mr. Abbo responded in the affirmative, stating that their restaurant is different than the other restaurants in eastern Chula Vista. He said they are competing with other restaurants such as those in downtown San Diego. Taste of Italy is a little more up-scale, comparable to those in San Diego and those restaurants stay open late, which is why they close at I :30 a.m. His rcstaurant is trying to get the local people to stay in the neighborhood, come to the restaurant and dine there which is safer and close to home rather than drive downtown. The complaints that they are there until 3:00 or 3:30 a.m., only occurred when they were originally opened and at certain times that we have to clean or do inventory. He stated that the landlord and the City knew that they would be open this late. He explained that their business plan is based upon late hours and closing as early as requested by the residents would be very costly for the restaurant. Mr. Schmitz made the observation that he was there that morning and saw the arrangement. He noted that there is a lot of outside seating, and it sounds like some of that is what's causing the problem here. He asked if they had a training program for the wait staff to monitor the customer noise. Mr. Abbo responded in the affirn1ative. Because the bar only holds seven people there are often people that are dining outsidc. Hc believes that they keep the noise to a minimum. He stated that after the original complaint about the music on the patio, they had the amplifier adjusted down on the outsidc and installed patio covers. He stated that as a restaurant, if Page 5 Zoning Administrator Hearing Notes Taste of Italv October 23. 2006 people choose to sit and drink after they eat, they are aJlowed to do so. He did not think that anyone could hear the patio music over the customers' conversations. Mr. Schmitz asked for feedback on the valet parking situation out on the street and wanted to know how they handle the transition that goes on between the custorner and the valet. Mr. Abbo respondcd that there are two parking spaces up front that are designated for loading, which had been approved by the City with City-erected signs. The reason they provide valet parking for the restaurant was to alleviate any problems with custorners blocking resident's driveway or parking in Villagio. The restaurant provides free valet parking. The restaurant is picking up the cost of that just to make sure that the residents aren't having any problerns with parking. Mr. Schmitz asked Mr. Abbo about changing the hours or restricting the hours. He asked if it was accurate, that they prefer to leave the hours as they are now? Mr. Abbo responded in the affirn1ative. They want to go by the hours that the ABC approved without changes. Mr. Schmitz reiterated that he had given both parties options of what he could do here today. He was not seeing rnuch of a meeting of the rninds. Both parties are asking for certain things that the other was not willing to accept. The irnpression Mr. Schmitz had was that, if whatever decision staff rnade, one side or the other would probably appeal that decision to the Planning Commission. At this point in time his preference was to step back from the table and say there was no decision that the Zoning Administrator can make that is going to make either side comfortable with the arrangement. Mr. Schmitz understood both sides of the issue. This is a mixed-use arca. It was designed to have that type of activity as part of it. This is a new situation for you as residents. Sorne people move downtown; some people rnove to a mixed-use complex, and they know what they are getting into. If you didn't quite understand that when you rnoved in there, it's difficult for us now to put Conditions of Approval on thern that are going to make this as quiet a neighborhood as you might get in sorne other multi- family neighborhoods within the Otay Ranch or EastLake areas. Mr. Schmitz was not getting a good feeling for any of the things put out. He appreciated the fact that Taste of Italy was willing to pay for rnore trash pick up so that there would be less visible overflow and waste in the parking area. But it sounds like therc are still some concerns about the hours that the trash would be transported from the restaurant to the trash area. Mr. Joseph Shayota (his brother is a resident in the EastLake area) spoke in favor of Taste of Italy. Ms. Stephine Stezern (1241 Santa Cora Avenue, #135) stated that, when she first moved into the condo, she did complain about the music. But she did it in a nice manner, so she thought it was how it was brought up. The clcar co vcrs that go over the patio knock out noise, and it is hard to hear the music sometirnes. People do get loud, but they are just having a good time. She likes to go there to rneet her neighbors and have good tirnes with them. They say 64 people have signed thc pctition. She was not asked to sign; as were none of her neighbors that she is friends with. Parking was as issues, but when the business opened they have Page 6 Zoning Administrator Hearing Notes Taste of Italv October 23,2006 definitely cleaned up their act with getting the two parking spots and clearing the cars out of the way. She has the first garage to the restaurant, and in the beginning there was some parking issues, but it was brought up so nicely and nobody is ever in my spot anymore. She has been fortunate that there has not been a lot of trash that they are leaving behind. If sorne of the trash flies away, whoever is taking it out picks it up. It is not their responsibility if sornebody throws up around the eorner. Overall, it's a good place to meet people. Adjourn for Staff Conference: 4:55 p.m. to 5:01 p.m. Decision: Mr. Schmitz stated he cornpared notes with Mr. Rosaler and Mr. Phelps. Staff has enough infonnation. It's obvious that no rnatter what decision he made at this level, it would probably wind up before the Planning Cornmission. So what staff is going to do is draft a new set of Conditions of Approval to try and corne up with a better list than we have right now. We are going to take this directly to the Planning Commission likely on Novernber 29, 2006. In the meantime, once we have the new Conditions of Approval, we will mail thern out to all of you. Ms. Berwick commented on the hardship on residents created by the lack of a CUP. Mr. Schmitz explained that the restaurant was still covered by rules. Even if they had a CUP granted, violations could occur and the process to correct them would take time. Hearing Adjourned at: 5:06 p.m. by Mr. Schmitz. Hearing minutes prepared by: ~ ~ ~/~u.u~~ Li a Bond, Secretary (J:\Planning\Public Notices\PC\PCC-06-095\ZA Hearing 102306) Page 7 September 5, 2006 Taste of Italy 1730 East Palomar Street Chula Vista, CA 91913 To Whorn It May Concern: I would like to take the time to thank you for your business. I ean't tell you enough how rnany good memories your restaurant has brought to our life. Being right in the neighborhood it is nice having the option to go to Taste ofItaly - Eastlake. When I'm hungry or just want to meet new people in rny area, it is a great place to go. 1 appreciate how you accommodate optional hours. It makes it safe for our community, this means less drunk driving around the area. Thank you again for opening Taste of Italy, I look forward to staying in the neighborhood because of you. S. i.ncerel.y, ~ ~l~uL~ ~ Stephanic DeZern 0 Stephanie DeZern 1241 Santa Cora Avenue 11123 Chula Vista, ('A 91913 OCT~24~2006 05:21 AM Taste of ltllly 1730 East Palomar St. East Lak~. Ca91913 To Whom It May Concern, I would like to express how grateful IIIId happy my family and I are since the opening of your restaurant. It has been 9UCh II great asset our community. We can gather with friends and family in our own neighborhood. We truly enjoy the warm atmosphere, ambiance, food and cocktails. Thank you RgIIin for bringing such a great restaurant to this community and making us feel so welcom~. Sincerely, ~~~_ 0ri8~l1e DaVilla 1473 Caminto Capistrano Unit I Chula Vista, Ca 91913 P.02 September 5, 2006 Tastc of Italy ] 730 East Palomar Street Chula Vista, CA 9]913 To the City ofChula Vista, ] am writing in regards of the restaurant Taste of Italy. ] moved in before it was built and] watchcd as it brought a lot of new life and exciting crowds to eat in at its wonderful restaurant to simply have a few drinks in its cute little bar or to eat out of its wide variety of great Italian food. It provides a great place for the people of Chula Vista to dine and brings in lively new crowds and culture to the city. ~ r \J ArtJ---- \ C. V\;U ~" ~, OCT-24~2006 05:20 AM Tute of Italy 1730 Eut Palomar St. East Lake, Ca 91913 Dear Owner, I am a regular customer at Taste of Italy. I dine at your rellleurant with family and friencb at leut twice a weele. It is 80 nice to have such a beautiful reataurant 80 clole to home. The Eut Lake community wu in need of a place Ulce this. We enjoy your deUcioUl food. We al80 enjoy jUlt coming in for a coektail with friends. Once again, thank you for bringing luch a fine eatablilhment to our community. Belt Regards, Andrew Hallak 1267 Santa Cora Ave. #33 Chula Villa, Cs 91913 P.01 CALVARY CHAPEL t!;;J ~AN DIE60 July 25, 2006 Re: Taste of Italy Restaurant To Whorn It May Concern: This letter is to confiTI11 the irnportance of Taste of Italy Restaurant in Otay Ranch Village 5 Core. This restaurant has produced a positive irnpact to our community. Taste of Italy is the only onc place in this community our staff and church members can walk to for a bite to eat before work, after work, and around church services. I believc it is in the best interest of the community as a whole to allow the restaurant to continue to operate until 11 :OOpm as currently scheduled. Please givc the owner full opportunity to serve the neighborhood with a restaurant that is close, striking in appearance, scrving delicious food, and open into the night. It would be disappointing to the community have limited hours of the only restaurant where there thc original plan was to have three times the squarc footage of commercial/retail space. ~~~ Wes Anderson Associate Pastor Calvary Chapel San Diego lTJ1l. Palomar Itmt . (hula Villa, (a qlqlJ . phone blq.42U100 . fax blq.Sql.2lbL mu(cVcalvamu.wm . www.caIViJmanuie~owm McMillin ~lelUentary SCh()()1 John R Gugerty - Principal A California Distinguished School 2004 .'(:;>:~^.~" . '.;e ,',^,~."".:U,'''''';.cmx.'V"",",', 1201 Santa Cora Avenue Chula VISta CA91913 (619)397-0103 FAX (619) 397-0122 ^ugust 7, 2006 To Whom It May Concern: I arn writing this letter in support of our neighborhood restaurant, Taste of Italy. Eating establishments are sparse in this part of town and we appreciate the convenience of having a restaurant in close proxirnity to the school. I know of several times when mernbers of our staff have walked to Taste of Italy to enjoy a quick lunch and I have heard that the other schools in our area have been taking advantage of their lunch specials as well. I am hoping to establish a 'partnership' with Taste of Italy soon and look forward to working with them to further strengthen the Lomas Verdes and Countryside communities here in eastern Chula Vista. Feel free to contact me if! can be offurther assistance. J 1 \'1\ - ,-,,-... (c '" 0 .8 "'" - " > \'J ~ * '" :::: " '" 0 * ~ -" <: 0 N' s. * - 0.. N ~ 0.. '? 0 ........." <: ,.) '___-Y "" ~ - Ji ~ 0 >< 0 ," <<' ~ ~ II\ 0 ...." ~ jj p :r: ~~ is ~i~ ~ 1'J'I a: ~ ~ '2 !~. tl ~ ~ 'S S?t "- ::J;;; u . -< '- s ~" "0 r~ <<::t 0 ~~ ~~~ ~ ...: " ;; u ~~ p.. bD ,r Q "' ~~ fJJ <: ") 0 [5;;; ~"'f:: '2 " ~~ * 0 . . * :;j~VJ . N ~~ f-< 0 '~ ~~ * o ~ N . * f-< OJ . "" * ~~ ;"'f-<~ fJJ -:S * 0 [5-<:::;j ~ ~ ~ :2:0 00 0 ~VJO U ~ ~ OJ :::c . ~::J ...~ VJ;'" 0 Qi ~ ~ ~ ~ "0 ~'" 2S~'" E ~ "0 ,~ 1\ S Q-<:: [5 QO 0 '" ~~ "Q "- 0 "- e- ~ . ~ ~-<:: -" ~ ~ ~ . ~ ~ , ,~ ~ " t3 c :< .-' e;. ~ ;:: 0 \J', 0 , Z N '^ ~ S bO ~ ~~f!! 0> 2 .Ei .. - " " , '" ~ OJ * c ~115~ "0 OJ "' * OJ 2 <: S ~ ~ * OJ "0 0.. '" bO '" "0 OJ U ~ Z ~ r:<: "" "' ~ / ,J >~. ." N :':0 ,~ o 0 ~ , 'E ~~~ > .~ ~ " * ~ .~ r\~ 2~ * 0 ., ) s.~ * ..s 0.. ~ ,~ ~ 0.. "'- ~ ~ 0 '.... 'j ,,~ <: ,.....'" "" ~ - -y ,\J '0 Ji ~ " , <<' 0 >< 0 ~ ~ ~ '01 ~ '" '" '" 0 ~" ~" jj p :r: ~ kl: a: ~ ~ '2 ,.., , 8- ~ ~~ -<:: ~ . ~ 'S '-..(: , ~ ~ ~ "- ~~ u . -< s ~" "0 '" 0 ~~ ~~~ ~ ...: :z~ ;; u p.. bD '''-..., '-..) Q "' ~~ fJJ <: "0 0 ~'" '2 ," ~~ * 0;;; 0 * , ~ * 5~E f-< 0 . .~ ~O * f-<~ N . * . "" ~~ ;... f-< '" . "" 0 VJ~ * ~~f;j fJJ -:S "',. "J-. r"'I ~ ~g 00 ~ <II ,"';;" ,~j 0 ~~9 u ~ <II " -~ - . "'~ 0 '" ~ ~ 0- ~ ~ ~CQ 2S~'" E "0 ~ "0 11 S 0-<:: [5 00 0 '" ~~ "Q - .8 0. g;j~ " . ~ Vi -" ~ 2r 0; " . .~ . " :2: t3 " ~ :< e;. - ~ . rA 0 " - 0 0. Z N ~ G ~I'~ s bI) ~ u 11 " .!'j 'w <: 0 '" "' Q) * E ~ ~115~ "0 Q) ~ * 0 ~ '" . <: S "0 ~ * S; g:, 0.. '" "0 ~' U ~ Z ~ . Zoning Administrator Planning Depa.b.~tt Project Planner Simone Pascua 1760 East Palomar Street #115 Chula Vista, CA 91913 September 5, 2006 Harold Phelps Planning Department Public Services Building Chula Vista Civic Center 276 Fourth Avenue Chula Vista, CA 91910 Dear Mr Phelps.: I am writing this letter in response to the request made by the restaurant "The Taste of Italy" to receive a conditional use permit to serve alcohol. I live in the adjoining building and am not in favor of them receMng this permit To my understanding this is a permit not only to serve alcohol but to have and continue their late night bar. I don1 see how this can be conducive to a family friendly neighbortJood. The restaurant is located directly across the street from a large church, preschool, two elementary schools and a high school. Every aftemoon at the comer of Santa Cora and East Palomar there is a large school bus load of children that get off in the same location where cars are parked of patrons of the restaurant. There is also concem about the noise levels in the late night hours. My concem is, in them receMng this permit, that the safety of those of us in the area would be compromised. Thank you for taking the time to consider my concerns. Sincerely, L- ;/~ Simone Pascua 08/25/2005 13:05 17504481890 LRH&A PAGE 01/07 L.R. HODGES & ASSOCIATES, LTD_ 5864 OWENS AVE, SUITE 200 CARLSBAD, CA 92008 (760) 448-1880 (760) 448-1890 FAX -- CONFIDENTIAL -- FACSIMILE TRANSMITTAL SHEET TO. II#Ro~ #ELfJS {J0..t.if- //(.f1I1-er FROM; EVr3..-V;1/ ~EPWI4(., COMPANY' C;/y oJ- ~ Y;j~ jJklt-fl.(u VJ~ FAX NUMIHiH: (,19 ~'1 - Jf: I/O f. 511 d--- DATe:.; OC;?U'f J--d / ;J-mJfe l'IIONr.~ NU TOTAt NO, OF PAGES TNCLIJD1NC; COVT'.R, r SENDER'S REFERENCE NCM13ER: f~~ I AUG _~~ L-- Rl'. c.{}tul-tft~ dJL f..Lm<t,f---' YOLllt REFER!::NCE Pl ,~.. ',qr-.!G o URGENT ,/ rOR R!:VTEW o PT...F..t\S'F. COMMENT 0 PLE,\SE REPLY o ]JLEASE RECYCLE NOTr>:.-:/r.OMMnNT,s: I/lr. f~' / It,) &i(!.(L.fI"-c~ f U'~ .~ lJ;u:J!u<- UL/ cr..~ ~J'jJ - ~..1' _ Y.:' (rJ TMiJ<-- I~, '-----Dh-~ ~ ~.h~ fJ.L~~ ------ --CONFIDENTIAL -- This messal2e is intended onlv for the use of the individual or entity to which it is addressed and may contain information that is confidemial and li:xemct from disdosurc under iIDclicablc law. If the reader of this message is not the iotCTlded recipient. or the employee or a.gent responsible for dcl1vcring the:: message to tne intended rccipicot, you atc hereby notified that any dissemination! distribution or copying oftn.is communication is strictly prohibited. If you have recdvcd this communication in error, p1cas~ nDtify us immediately by telephonc and return the original message to us at the above address via the U.S. Postal Service. T11ank you. 88/25/2005 13:05 17504481890 LRH&A PAGE 02/07 Evelyn Berwick 1241 Santa Cora Avc. #134 Chula Vista, CA 91915 (619) 988-0016 August 25, 2006 Harold Phelps Proj ed Planner City of Chula Vista Planning Department Public Services Building Chula Vista Civic Center 276 Fourth Avenue Chula Vista, CA 91910 (619) 409-5872 (Phone) (619) 409-5859 (Fax) I~ ~ ~ ~ U W ~ ~,\. I I I ~~I' AUG 25 2006 Uf, PLANNING Re: Conditional Use Permit PCC-OI-095; Taste ofItaly Restaurant (TOl) Dear Mr. Phelps: Pursuant to our conversation 011 Tuesday, August 22, 2006, I am faxing you the petition (Response of Residents and Property Owners to Conditional Use Pe17nit Application) with thc signatures collectcd to date. Also, pursuant to your approval on tl,e aforementioned date, I will be forwarding additional signature sheets to yo.. on Monday, August 28, 2006 for consideration by the Zoning Administrator, Zoning Commission, or other relevant body. As you are aware, signature collection is a timc consuming process and it is important that residents and property owners respond to the Taste ofltaly's (TOI) Conditional Use Pennit application. Please noticc that residents noted in the margins of the petition additional acts by TOI and its patroDS that were not mentioned in the text of the petition, i.e., vomit Jeft on the sidewalk in front of TO I for days, reckless valet parking attendants, failure of TO I to properly close trash bags, resulting in foul smells. I will also be forwarding a memorandum to you rega(ding thc way that the bebavior of TOr has affected me personally, i.e., lack of sleep, stress, safety and property valuc concerns, etc. on Monday. Thank you for all of your help in this matter. However, it is important to note that I have been, up to this point, frustrated and disappointed with the lack of timely action 00 the part of the City of Chula Vista. Namely, the fact that I originated a cornplaint with the City over fivc rnonths ago and have had to live, along with other residents, with my sleep disturb cd and other problems stemming from thc behaviors of TO I throughout this time. I understand that the TOI was mistakenly allowed Lo open prior to fjJing an application for and beiog approved for a Conditional Use Pcrrnit 1 am very hopeful that this matter will be reasonably resolved in the very near futurc. 1 88/25/2005 13:05 17504481830 LRH&A PAGE 03/07 Thank you again for your help in this rnatt~r. Should you need to reach me please contact me at the number listed above or at my office (760) 448-) 892. G~ljJ~:1~ Ev~lyn Be~k ii' 1:1 ;j..' 1,,- I;' 1,1 U :-.:-0 -r1-~-:;".'._~--=::I '.. 1,-' I' \"i IS IT \ I .',',_,,,--':0 J \'! '" ~ I i . --------,! I if ! 1,-' ' ,- [I J L: AUu2J2006 Il!J L----_____----.l PLf-,NriiNG 2 88/25/2005 13:05 17E,044B1B30 LRH&A PAGE 04/07 RESPONSE OF RESIDENTS AND PROPERTY OWNERS TO CONDITIONAL USE PERMIT APPLICATION CASE NO. PCC-06-095 Date of Consideration/ Comment Due Date: Friday, August 25,2006 lir)) fE f]; [E ~ W LE I~ A Taste ofItaly Restaurant (hereafter "TO I") II j':"i\ i 1111 i; III ' I' n 'J c ^ I'. I, /L. ' AUG L J 20Gb d~~~/! 'L 2J I PI ~,' f.II"''' l ~- . ., I~ () 1730 East Palomar Street, Suite 1 Conditional Use Permit Applicant: Site Address: Pro.iect Description: Conditional Use Pennit for a restaurant serving alcoholic beverages Land Use and Zoning: Property is designated as a Mixed Use Village Core (APN 642-080-06 00) Project Planner: Harold Phelps, Planning Department, Public Services Building, Chula Vista, CA 91910; (619) 409-5872 Each Resident or Property Owner listed below requests that the Taste of Italv Restaurant be DENIED a Conditional Use Permit for servinl! alcoholic beveral!es due to its location in a Mixed Use Community and Pursuant to Chub Vista Municipal Code (CVMC) Sections 19.14.060, 19.14.070.19.14.080. 19.68.010.19.36.030.19.68.050. 19.68.078. 19.58.205. 19.02.010. Nuisance/Noise Abatement Rules and Rel!ulations Applicable in Chula Vista. Other Relevant CVMC Sections. for the follow!nl! reasons; 1. A Church, Calvary Chapel, is located On the North side of East Palomar Street, directly across from Taste of Italy. Elementary age and up children attend a private schoollocatcd at the church and walk from their homes passed the TOI after school and at other times for school activities, where TOI patrons are often intoxicated and act in a belligerent rnanner on the patio. 2. Corky McMi11in Elementary School is located on Santa Cora Ave. (directly behind the Calvary Chapel), children who attend this school walk passed TOT, where patrons are of1:en intoxicated on the patio and act in a bclligerent manner. 3. The TOI restaurant has shown a substantial disregard for the safety, mOl'afs, peace, comfort, and property value of residents in the surrounding Qrea and lIot acted ill a reasonable manner in ..<erving alcoholic heverages, including, but not limited to, the following actions: a, serving patrons until they are intoxicated and cannot drive themselves home and loiter/congregate outside of TO I in thc late evening and carly morning hours, and at other ti.mes during regular hours of operation, where they yell and scream; b. Serving customers on thcir patio later than 9:00 p.m.; 1 88/25!2nnS 13:0~ 17E,044B18S0 LRH&A F'AGE 05/07 c. serving intoxicated patrous alcohol on their patio until between I :00 a.m. and 4:00 a.m. or allowing sueh patrons to remain on the patio, despite numerous calls frorn residents directly to Tal and to the ChuJa Vista police Departmcnt indicating the disturbance; d. playing music on their patio until 1 :30 a.m. or later on numerous occasions; e. setting unreasonable hours of operation in a mixed llse community, e.g., closing at 1 :00 a.m. Monday through Thursday and Sunday, and 2:00 a.m. Friday and Saturday; f. serving alcohol and staying open later the existing unreasonable hours of operation, E:.g., until 3:00 a.m. through 4:00 a.m. on certain days; g. allowing thE: owner, managers, and employees to take out the trash in the late evening and early morning hours (between 1 i p.m. and 2:00 a.m.). which they pull on loud carts and passing directly by ViJJagio units, despite numerous requests by residents to restrict this activity. IN THE ALTERNATIVE (or in addition. where applicable): Each Resident or Property Owner listed below reQuests that the foJlowinl! CONDITIONS be placed on the Taste of Italy Restaurant due to its location in a Mixed Use Community and Pursuant to Chula Vista Municipal Code (CVMC) Sections 19.14.060,19.14.070,19.1.4.080.19.68.010. 19.36.030,19.68.050,19.68.078,19.58,205. 19.02.010, NuisanceINoise Abatement Rules and Re!!ulations Applicable in Chula Vista, and Other Relevant CVMC Sections in the fol\owinl! ways: 1. Hours of Operation - Residents and Property OWners ReQuest that TOI a. be required to closc for business no later than 9:00 p.m, (with business clean- up/lock-up continuing to no later than 10:00 p.m.) Monday through Thursday and Sunday; and b. be required to closed for business at 10 p.m. (with clean-up/lock-up continuing to nO later than 11 :00 p.m.) Friday and Saturday. [See attached log of example rcstaurant/sports bars located in Chula Vista, no/located in mixed use communities, that close at similar times.] 2. Noise - Residents and Property Owners Request that a. TOI be prohibited from selling alcoholic bcverages and other restaurant menu items on Tal patio after 9.p.m.; b. TOI be prohibitcd from selling alcohol to belligerent or intoxicated patrons; c. TOI is fined a substantial amount [to be determined by the Zoning; Commission or other relevant body] for each violation of conditions implemented by the Zoning Administrator [or other relevant body]; d. TOI is held accountable, by way of a monetary fine and/or requirement to contact thc Chu la Vista Police Department, to report belligerent and/or intoxicated patrons who ycll and scream, or cause other umeasonable noise on the subject property in the late evening or early morning bours, and during regular bours of operation of TO I; e. TOI is required to post signs stating that parking in the VilJagio Rcsidential Lot is prohibitcd and subjects TOI patrons to automobile towing; f. TOI owners, managers, and employees are restricted from taking out the trasb [which passes directly by VilJagio units] later than 9p.m.; g. TOT owners, managers, and employees are restric~-&em-p]aying-musiG..Q1L__~ <h,i'p"iol,~<hw9pm '1~(A;G r;~ ~ 08/25/2885 13:05 17504481890 LRH&A PAGE 05/07 h. TOl owners, managers, and employees are restricted trom all other unreasonable activities that affect the health, safety, peace, comfort, prosperity, and general welfare of residents and property owners located within 500 yards of TO I, which may not be listed in the Response of Residents and Property Owner.; to Application for Conditional Use Permit. i. The Zoning Commission. Zoning Administrator. Planning Commission, Planning Department, take any additional action to preserve the peace. comfort, prosperity and promote the general welfare, health and safety ofresidents and property owners located within 500 yards ofTOl. lIt)) [[E (f; [E ~ \!J [E rn Ea~ Resident or PropertY Owner listed below requests II. CliP" of th~ 1z1{oinl!. ~ {) AdmiOlstrntor's dec:isioJ1 in this matter I, j !. AUG 2 5 2006 I U, . '-I L::J i I . RESPONSE OF RESIDENTS AND PROPERTY 0 Rs-- . TO CONDmONAL USE PERMIT APPLICAT ON PLANNING CASE NO. PCC-06-09S Na~e (please Print) L 2. 3. Address Phone (Optional) 1; - 0 (, ~w - 06 . Cr) - (j;/,p g-~ 8 ('Li)[04 . r€aq,q( VCfI-t/f- pc/;r rc..,nc;; f.RQ{ t...J.J IkliJl- ,t:>..>-I. ,. /rf.{L 3 08/25/2006 13:05 17504481890 LRH&A PAGE 07/07 16.(Qci\,;,^--~J,... J~q~~'1'~~~ (l~ vt-A. 9 020- Ob 17''''J:"{/IAfI 1v"tl'}"/f>1,I~~fI:,. 5.4;:; :'~;;I) ~ ~ ti'/.- z / -Oh 18.fu", ..\ !-{1Jr1'& 1'l'fISn~f'~~'" ./~II UI. ;9/2/ jDb 19. 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I OUA'p5; tYCh,'r , <;/0120.-) 88/28/2005 15:44 17504481890 LRH&A PAGE 01/82 L.R. HODGES & ASSOCIATES, LTD. 5864 OWENS AVE, SUITE 200 CARLSBAD, CA 92008 (760) 448-1880 (760) 448-1890 FAX -" CONFIDENTiAL -- FACSIMI.LE TRANSMITTAL SHEET TO: II #/tOL/) {1j!ELfJ S' <P0!j1d-- jJ/OIM~ FROM: B1;;LV;1/ /;212vJ/4<:.. COMPANY DATE; orJPWI ~ I ;)..l/tJ~ rz if ~ Y;j~ ,AX NUMBER 'a../L/1..Id tf)~ ~19 'I-09.n <<Of 5l1-'J.-- TOTAL NO, Of' P^CI:!..S LNCLuDINn COVP.R ~ PHONF'_ NIj SENDJ?,R,'S R,B-FERENCE NCMBI:,;n.- JU"> l.{};~fit7X.d..VdJ:e..- fL17ft1,f-' YUUR R.Er:r:Rfl.NCr. N1}MTWR; o OR(;RNT ./ FOR It}2VIEW o PLRASE COMMENT 0 PLEASE REPLY o PLEASE Rl::,CYCL.E N(HI'_<;/CQMMGr-rrS: Il1r fh.dfs . ,; _dJ~JJ /i) ...E.,r"e//".f"~ ,o&z~~~ w~ ~ ~ '<-,jcu ~ ,T ~ ~ f~J-t~ ~'-0--liL ;)J-~' 1! ~ ~ ~ if 69- J()~ ;k,j<-- /~) Cg~ -------- elLf ~~~) -CONFIDENTIAL-- This m~qga~c j.s intended only for the use oflh~ individual OT li:ntity to which it is addressoo and. may contain informatiollJ!vM i5 confidl;;l1tial and exemDt from d.1scJQ.surc unda aDDlicable 1aw_ Tfth~ reader DUbis message is not the intended recipient, or the employee Or agent rt:sponsible for delivering the message to the imended rccipknt, you arc nercby notified that any dissemi'nation, distribution or copying of chis communication is strictly prohibited. If you have r~Ccivcd this communication in error, p!(:a6c notify us immediately by tele:phOfl~ and return the original mc.r;sag-c to us at the Bbove addrcss via the U.S. Posta1 Servicc_ Thank you. 08/28/2005 15;44 17504481830 LRH.~A PAGE 02/02 ill</' , 43. Jhii-R-I.... \-\; \-h. ~4 ~ \. 0,At~ uc:;~ Ie A h ft/k; t1j '::1.'7 / Of" 44. P ~\,fJ L Lv'4 v6 \l ~~E f~:'iJl"\ if", k ~ 1 '??\21 OJ, 45.('1--. .~i~tv(ID I ~)~~: ~~~~: ~~dD <-J1 ~ 812} (fjf, 46, \"".A' fast, fa. hl1.~~.:"'"J~~a-J>.llr L:;( g Z"l lX- 4r.-:v-J\....\ ~ 11"D t. ~~ 5t":f\t,~ ,r-... .!in!'l 48'-7nc:t V - J 'Qj}~t~1..~V\"'" ~~::,.~:~ /I:S:J.f< 0 '61~7 ('h 49'r~}V7/, L 'jt~1%~ ~Jfl;JJ jIj;;~~ R h~~h --7!{~Fr 50.#//1.71" I. ,/.. I 1;tf,,J1C"""A)OT).. ~ ~ Sl27 foe-. 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'--l.\"2-rl\ nl.o 62.':::>-1/...~<;-'-i~~ 1?'~f:.r'_M~L U~/ff Y-;;>"7~cC f). . - (l{'17 i r",lct>-,evr- ~/ Y..J f j 63. ~)7I, rv 611 € r (trO '1i-~ 2 1 1/;0.- ",,--O\...-X" $5 - 2--7 - 0../ 64, J--(cqYc;~~I1~~DI' \t:i..\.oQ"fJOFJi''--(<, ~A iLl ./ f~/2.:;jfJh 65 66. 67. 68. 69. . C>><Uo ~. q -- Jt>J" t;-~,%, III' ..(.i11.T {)jo.1~Il{'... :~ 5 RESOLUTION NO. PCC-06-095 A RESOLUTION OF THE PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A RESTAURANT AT 1730 EAST PALOMAR STREET, SUITE 1 OTAY RANCH VILLAGE FIVE - STEVE ABBO. WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning and Building Departrnent on June 19, 2006 by Steve Abbo, ("Applicant"); and WHEREAS, the application requests permission for the sale of alcoholic beverages in conjunction with a restaurant located at 1730 East Palornar Street, Suite 1 within the rnixed-use village core ofOtay Ranch Village Five; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for cornpliance with the California Environrnental Quality Act and has determined that the proposed project was adequately covered in previously adopted Otay Ranch Sectional Planning Area (SPA) One and Annexation Final Second Tier Environmental Impact Report EIR-95-01; and WHEREAS, the Zoning Adrninistrator held a public hearing on October 23, 2006 and the Zoning Administrator public hearing officer, after receiving testirnony frorn the applicant and residents, referred the Conditional Use Permit to the Planning Cornrnission; and WHEREAS, the Planning Cornrnission set the tirne and place for a hearing on said conditional use permit and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, narnely 6:00 p.rn. on Novernber 29, 2006, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Cornmission considered all reports, evidence, and testimony presented at the public hearing with respect to the subject application. WHEREAS, the Planning Comrnission of the City of Chula Vista rnade the following findings, as herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated finding to be rnade: Planning Commission Resolution PCC-06-095 Page 2 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposal will provide a public amenity as a restaurant that is desirable to the immediate neighborhood and community. The restaurant consists of three indoor booths and two indoor tables providing 20 indoor seats, and a 6-seat cocktail lounge, for a total of 26 indoor seats. In addition the outdoor patio area provides II four-seat tables, and 5 two-seat tables, for a total of 54 seats. The total restaurant seating capacity is for 80 persons. In addition, it will contribute to the commercial viability of the rnixed-use comrnercial residential property at this location, and will not adversely affect the general well being of the neighborhood or the community. The restaurant is centrally located in the heart of the ground level retail Mixed-Use Village Five Commercial District at the comer of Santa Cora Avenue and East Palomar Street. It is the focal point tower and pedestrian entry feature in- between the four-story 48-unit residential condorniniurn building (1760 East Palornar Street) located above the other ground floor retail to the east and across frorn the restaurant patio, and the four-story 24-unit residential condominiurn building (1241 Santa Cora Avenue) attached behind and above the restaurant. 2. That such use will not under the circumstances of the particular case he detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The use will be subject to meeting all health, safety and general welfare standards and regulations set forth by the City of Chula Vista. The property owner shall cornply with the City's noise ordinance. The subject property shall also cornply with all conditions of approval as well as Municipal Code Chapter 17.24 (noisy and disorderly conduct) standards, so as not to become a nuisance to surrounding property owners. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The approval of PCC-06-095 requires cornpliance with all conditions, codes and regulations, as applicable as part of the occupancy of the facility and the site. If any changes are rnade to the existing building, the applicant shall rneet all building permit and code requirernents. 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. This Conditional Use Permit issuance provides cornpliance with the General Plan, the Zoning Ordinance, the Otay Ranch Sectional Planning Area (SPA) One Plan for Village Five, and the Village Five Core Master Precise Plan. It will not alter the land use patterns set forth in any of these adopted planning documents noted above. Planning Commission Resolution PCC-06-095 Page 3 WHEREAS, the Planning Cornmission of the City of Chula Vista grants Conditional Use Pennit PCC-06-095 subject to the following conditions whereby the applicant and/or property owners shall: I. Prior to the issuance of any permits required by the City of Chula Vista for the use of the subject property in reliance upon this approval, the applicant shall satisfy the following requirements: A. The applicant shall irnplernent to the satisfaction ofthe Director of Planning and Building and the City Engineer all pertinent environmental rnitigation measures identified in previously adopted Otay Ranch Sectional Planning Area (SPA) One and Annexation Final Second-Tier Environmental Impact Report (EIR) 95-01. B. Building Pennits shall be required for any structural, electrical, rnechanical, and plurnbing alterations. Building plans shall cornply with 2005 Handicapped Accessibility, Energy Requirements, and the 2001 CBC, CMC, CPC, and CEC requirernents. II. Prior to nse or occupancy of the property in reliance on this approval, the following requirements shall be met: A. Comply with any Fire Departrnent requirernents resulting frorn a site inspection for a business license. B. The site shall be developed and rnaintained in accordance with the approved plans, on file in the Planning Division; the conditions contained herein, Title 19, and the Otay Ranch Sectional Planning Area (SPA) Plan One for Villages One and Five. C. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be cornpleted to the satisfaction of the Planning Director. III. The following on-going conditions shall apply to the subject property as long as it relies upon this approval: A. The hours of operation for the restaurant, including the sales, service and consumption of alcoholic beverages shall be pennitted only between the hours of 11 :00 AM and 11 :00 PM, Sunday through Thursday, and 11:00 AM and 12:00 Midnight, Friday and Saturday. B. Sales, service and cousurnption of alcoholic beverages shall be pennitted in the outside patio areas of the premises only between the hours of 11 :00 AM and 9:00 PM, Sunday through Thursday, and 11 :00 AM and 10:00 PM, Friday and Saturday. The sale of alcoholic beverages for consurnption off the prernises is strictly prohibited. C. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the sarne period. The licensee shall at all times maintain records which reflect Planning Commission Resolution PCC-06-095 Page 4 separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Departrnent and/or the Planning and Building Departrnent on dernand. D. There shall be no live entertainment such as dancing, topless entertainment, male or female perfonners or fashion shows on the prernises. Live entertainment such as live rnusic, disc jockey, karaoke rnay be provided in the interior of the prernises but shall not be audible outside the premises. No live entertainment shall be allowed after 9:00 PM unless approved by the Planning Director. E. Approval of this request shall not waive compliance with all sections of Title 19 of the Municipal Code, and all other applicable City Ordinances in effect at the time of building pennit issuance. F. This Conditional Use Pennit shall be subject to any and all new, rnodified or deleted conditions imposed after approval of this penn it to advance a legitimate governrnental interest related to health, safety or welfare which the City shall irnpose after advance written notice to the Pennittee and after the City has given to the Pennittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, rnay not irnpose a substantial expense or deprive Pennittee of a substantial revenue source which the Pennittee cannot, in the nonnal operation of the use pennitted, be expected to economically recover. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this docurnent by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy of this recorded docurnent shall be returned within ten days of recordation to the Agency's secretary. Failure to return said document to the Agency's secretary shall indicate the property owners/applicant's desire that the project, and the corresponding application for building pennits and/or a business license, be held in abeyance without approval. Said document will also be on file in the Agency's office and known as docurnent No. _' Signature of Applicant and/or Authorized Representative Date Signature of Property Owner, 1730 East Palomar St., Ste. I Date Planning Commission Resolution PCC-06-095 Page 5 INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Cornrnission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deerned to be autornatically revoked and of no further force and effect ab initio. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Cornrnission, the Cornmission has determined that the approval of a conditional use permit is consistent with the City of Chula Vista General Plan and the Otay Ranch General Developrnent Plan, as well as the Zoning Code, and all other applicable plans so that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION approves this resolution granting the conditional use permit in accordance with the findings and conditions contained herein and that a copy of this resolution be transmitted to the owners of the property and the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 29th day ofNovernber, 2006 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Vicki Madrid, Chair ATTEST: Diana Vargas, Secretary J :\PLANNINGIHAROLDlREsOLUTlONS\PCC-06-095-PCREso.DOC ~\ ft.. -.- T_ _ - - P I ann n g & B u I d n g Department Planning Division CITY OF CHULA VISTA APPLICATION . DEVELOPMENT PROCESSING . TYPE A Part 1 e 0 Review Re uested D Design Review D Variance o Special Use Permit (redevelopment area only) o Misc. STAFF USE ONLY Ca,e#: PCC-o{:,-oB5 Fil;ng Dale: G- \~ - 'o{" By: L T Assigned Planner: Ph eJp S Project Account: I?> \', - \ 4\ :J.- Depo"1 Account: I "b 5" .;1J Relaled Ca,es: \ t,- 0 b - 0 '>...:1- o l.A. ~Ub1iC Hearing A lication Information Applicant Name LtG Applicant's Interest in Property (If applicant is not the o~r, the owner's authorization signature at the end of this form is required to process this request.) D Own ~nt D Other: Architect/Agent: N I" E \1- 'i.i>E:C\ \ \J 2; So Address: Primary contact is: Phone: Contact Name: o Archilect/ Agent Email of primary contact Project Name: General Description of Proposed Project: Has this project received pre-application review comments? o Yes (Date:) ~ Assessor's Parcel #: Gcneral Plan Designation: Planned Community (if applicable): Current Land Use: Cd\ ~ll~Jb, q L1L3-- ~IA Within Montgomery Specific Plan? DYes C2l No esJ Type of use proposed: 0 Residential Landscape Coverage (% of lot): -i'-1)~ ommercial o Industrial o Other: Building Coverage (% of lot): ,.:iA 276 Fourth Avenue Chula Vista Cal iforni" 91910 (6191691-5101 ~\r?- -r- APPLICATION . DEVELOPMENT PROCESSING . TYPE A Part 2 CITY OF CHUtA VISfA Residential Project Summary W/A / Number of lots: Type of dwelling unit(s): Dwelling units: PROPOSED EXISTING 1 Bedroom 2 Bedroom 3 + Bedroom TOTAL Density (DU/acre): Maximum building height: Minimum lot size: Average lot size: Parking Spaces: Required by code: Provided: Type of parking (i.e. size; whether covered, etc.): Open space description (acres each of private, common, and landscaping): Non-Residential Project Summary Gross floor area: 7.~~ Proposed: Hours of operation (days & hours): Anticipated number of employees: Building Height: ul":. Number and ages of students/children (it applicable): Parking Spaces: -re~ Required by code: -P~'S6 Provided: Type of parking (i.e. size; whether covered, etc.): ~...;~1'" - LO~ Maximum number of employees at anyone time: rJlA Seating capacity: /Cf S:-7 \:'0 \"' . !;!~ @ b<4' Authorization Print applicant name: DIl\h f k1:b 0--' :s- t.. Applicant Signature: Date: Print owner name'": ~lH^ Owner Signature*: Date: '"Note: Proof of ownership may be required. letter of consent may be provided in lieu of signature. 276 Fourth Avenue Chula Vista California 91910 (6191691-5101 -- p I ann n g & Building Planning Division I Department Development Processing ellY OF CHULA VISTA APPLICATION APPENDIX A Project Description & Justification Applicant Name: DbA ICl6k- bt1 Please fully describe the proposed project, any and all construction that may be accomplished as a result of approval of this project, and the project's benefits to yourself, the property, the neighborhood, and the City of Chula vista. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. For all Conditional Use Permits or Variances, please address the required "findings" as listed in the Application Procedural Guide. () ~_E, p\ C\ (\5 {k'-f-p tJ-f I-k r ,-s {}JIt k ~ ~~ W / ft.. ifr -f1..,jt~ Cpt {i.!wI1-'1"-t. wr'V!.I f ,- 0/1 J D-f &1I,{(w'(r htf S ( tJ J ~ tAN /y ;; l' e../-I7/; / --!tv Iu()(> trP- [Jr2tJ./afzM I A;JOIA.I1 I( A-tM - 2fM , c..( e k .(>CA./" l~ W ~A -f1....e.. h0A1 ('( \.f..... II f'C<A J- 0iJ/(". Gf wr'-h, /-5 /1.. /r~ , .. 7fYd. t1Jr:Je.r1' h .rJ/\. / 0J,t4U1 r:n r ( Ci k ~ -/-0 &{.-f- d)J CA Jar/c /'1 ff . --; c/~}" q. /ARe ,k q 1-U4(~ W~ SdW<.;fltWS ~ &d <:- ,4/1J ~ (" v ..r-l-s JVte.rr! . /e..SJ -ft,~ r~ ~ (!)c.Jv 5:- 7 ~ t2A.-f:;, (.J ~t#e 1'" S'c~!f' ( t ' OP Se4'VI'"'j Mt:tA/'-h ~ is tC v r 1/( are '"'7A1{..' I 276 Fourth Avenue Chula Vista I California 91910 (619) 691-5101 ~ \ ft.. -.~ .- :' P I ann n g & Building Planning Division Department Development Processing CIlY OF CHULA VISTA APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. L,t.\~ .f~,^\"') R~",,\-(l.vp.<<..~ G.,0Jf ff4inr . 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. D'l.'.h P. (1~~ 0&. 6+-\ \"'. p,bho 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust (\/Pr , 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. :K~~~p\~O'il~. 5. Has any person' associated with this contract had any financial dealings 'Yith~ official" of the City of Chuta Vista as it relates to this contract within the past 12 months. Yes_ No~ If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution r;i more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No'L Yes _If yes, which Council member? 276 Fourth Avenue Chula Vista California 91910 (619) 691-5101 ~\~ ~Ji_~ ~ - P I ann n g & Building Planning Division Department Development Processing enY OF CHULA VI Sf A APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provr.ded ore than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) onths? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes_ No_ If Yes, which official" and what was the nature of item provided? Date: '87//'1/ n( I ~;e :r Contractor/Appli b /4 t.. I\!.~/ - ::J ~ type name of Contractor/Applicant , Print or . Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. .. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 276 Fourth Avenue Chula Vista California 91910 (619) 691-5101 ~\I~ -.- ':::-_::: .: -----.;::- P I ann n g & Building Planning Division Department Development Processing CIlY OF CHULA VISTA APPLICATION APPENDIX C Development Permit Processing Agreement Permit Applicant: Applicant's Address: Type of Permit: Agreement Date: Deposit Amount: 9a.IO'S 4DD() 60 This Agreement ("Agreement") between the City of Chula Vista, a chartered municipal corporation ("City") and the forenamed applicant for a development permit ("Applicant"), effective as of the Agreement Date set forth above, is made with reference to the following facts: Whereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit") which the City has required to be obtained as a condition to permitting Applicant to develop a parcel of property; and, Whereas, the City will incur expenses in order to process said permit through the various departments and before the various boards and commissions of the City ("Processing Services"); and, Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with providing the Processing Services; Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as follows: 1. Applicant's Duty to Pay. Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, including all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's Duty to Pay." 1.1. Applicant's Deposit Duty. As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount aforereferenced ("Deposit"). 1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against Applicant's Deposit. If, after the conclusion of processing Applicant's Permit, any portion of the Deposit remains, City shall return said balance to Applicant without interest thereon. If, during the processing of Applicant's Permit, the amount of the Deposit becomes exhausted, or is imminently likely to become exhausted in the opinion of the e City, upon notice of same by City, Applicant shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to continue Processing Services. The duty of Applicant to initially deposit and to supplement said deposit as herein required shall be known as "Applicant's Deposit Duty", 2. City's Duty. City shall, upon the condition that Applicant is no in breach of Applicant's Duty to Payor Applicant's Deposit Duty, use good faith to provide processing services in relation to Applicant's Permit application. 2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or for failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City. 276 Fourth Avenue Chula Vista Caljfornia 91910 (619) 691-5101 P I ann n g & Building Planning Division Department Development Processing ellY OF CHUlA VISfA Development Permit Processing Agreement - Page 2 2.2. By execution of this agreement Applicant shall have no right to the Permit for which Applicant has applied. City shall use its discretion in valuating Applicant's Permit Application without regard to Applicant's promise to pay for the Processing Services, or the execution of the Agreement. 3. Remedies. 3.1. Suspension of Processing In addition to all other rights and remedies which the City shall otherwise have at law or equity. the City has the right to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement, as weli as the Permit which may be the subject matter of any other Permit which Applicant has before the City. 3.2. Civil Coliection In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to coHect same, the prevailing party shall be entitled to reasonable attorney's fees and costs. 4. Miscellaneous. 4.1 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested at the addresses identified adjacent to the signatures of the parties represented. 4.2 Governing LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and perfonnance hereunder, shall be the City of Chula Vista. 4.3. Multiple Signatories. If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be jointly and severally liable for the performance of Applicant's duties herein set forth. 4.4. Signatory Authority. This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant. Signatory shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been authorized to execute this Agreement by Applicant. 4.5 Hold Harmless. Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising out of City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not limited to the giving of proper environmental review, the holding of public hearings, the extension of due process rights, except only for those claims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the City, its officers, or employees known to, but not objected to, by the Applicant. Applicant's indemnificalion shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents. or employees in defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense, shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the 276 Fourth Avenue Chula Vista California 91910 (6191691-5101 ~Irc.. ~.~ ~ - .: ~~ P I ann n g & Building Planning Division Department Development Processing Cl1Y or CHULA VISTA Development Permit Processing Agreement - Page 3 Applicant. At its sole discretion, the City may participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of any obligation imposed by this condition. 4.6 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement against the City unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. &'/'Cr/Ot6 BY~~' ~ Dated: City of Chula Vista 276 Fourth Avenue Chula Vista, CA Dated: 6Jt.lt~~ ~.Qt:.tAr1~ Gr\>0f ft4'1N. 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