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HomeMy WebLinkAboutPlanning Comm Rpts./2005/02/23 AGENDA PLANNING COMMISSION MEETING Chula Vista, California 6:00 p.m. Wednesday, February 23, 2005 Public Services Building Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: Cortes_ Felber _ O'Neill_ Hom Madrid_ Hall ROLL CALL/MOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE INTRODUCTORY REMARKS ORAL COMMUNICATIONS Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commission's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. 1. PUBLIC HEARING: PCS 05-03; Consideration of a Tentative Subdivision Map to convert 202 apartment units at 750 E. Naples Court into individual ownership condominiums. - Schoepflin Investment Company I Sun bow Corporation Project Manager: Rich Zumwalt, Associate Planner 2. PUBLIC HEARING: PCM 04-16; Consideration of an amendment to the Eastlake Business Center II Sectional Planning Area (SPA) plan, Planned Community District Regulations, Design Guidelines and associated regulatory documents. - The Eastlake Company LLC. Project Manager: Jeff Steichen, Associate Planner Planning Commission - 2 - February 23, 2005 DIRECTOR'S REPORT: COMMISSION COMMENTS: COMPLIANCE WITH THE AMERICANS WTH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TOO) at 585-5647. California Relay Service is also available for the hearing impaired. PLANNING COMMISSION AGENDA STATEMENT Item: / Meeting Date: 02/23/05 ITEM TITLE: PUBLIC HEARING: Consideration of application PCS 05-03; for the proposed conversion of the existing 202-unit Sunbow Villas apartment complex to 202 condominium units for individual ownership - Schoepflin Investment Co./Sunbow Corporation. Environmental Status: The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has detennined that the project qualifies for a Class 1 (existing facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION: Adopt the attached Resolution PCS-05-03, recommending that the City Council approve the proposed Tentative Map in accordance with the findings and subject to the conditions contained therein. DISCUSSION: Background: The Applicant, Schoepflin Investment Co., has submitted an application for a Tentative Subdivision Map (one-lot condominium map) to convert a 202-unit apartment complex to 202 condominium units for individual ownership. The 12.46-acre project site is located at 750 East Naples Court (see Attachment A, Locator Map). The existing apartment complex was constructed in 1989 and consists of a clubhouse, pool, spa and playground. Tentative and Final map approvals are required to create the one-lot 202-unit condominium map, with final action by the City Council. Condominium conversion projects in Chula Vista also require Design Review. The Zoning Administrator is scheduled to consider the Notice of Decision for the Design Review application after approval of the Tentative Map. The Design Review pennit proposes exterior building upgrades for the proposed condominium conversion, include repair and re-painting of exterior surfaces of the buildings and carports, replacing the monument sign, and refreshing the landscaping where needed. Project Site and Setting The site is a triangular shaped, level, 12.46-acre lot with an existing apartment complex located at 750 East Naples Court. The existing uses adjacent to the site are listed in the Page No.2, Item: _ Meeting Date: 2/23/05 table below. Table 1: Zoning and Land Use: General Plan: Zoning Site Residential- R-3-P-12 Medium Northeast Open Space R-I-PUD Preserve Northwest Residential-Low R-I-P-5 Medium Existing Land Use: Apartment Complex Open Space Lot! Telegraph Canyon Road Existing Single Family Homes !Medical Center Drive South Public/Quasi- Public R-I-H Veteran's Home Project Description: The complex consists of 133 2-bedroom units, 68 I-bedroom units and 1 studio unit arranged into twenty two-story buildings, a clubhouse, pool and tot lot, and 373 carport and open parking spaces. Units A is 1,050 sq. ft., 2 bedrooms and 2 baths; Unit B is 705 sq. ft., 1 bedroom, 1 bath; Unit C is 1,015 sq. ft., 2 bedroom, 2 baths, and the lone studio unit is 400 sq. ft., which is located adjacent to the clubhouse. No significant exterior structural changes are proposed, however the landscaping will be refreshed and parking lot resurfaced. The Applicant proposes to provide required storage space in existing storage closets located under stairwells and in patios, by remodeling the coat and patio storage closets, and by re-modeling the laundry closets. The units are already served by separate gas and electric meters, while water and sewer will be the responsibility of the Homeowners Association. Table 2: Project Data Assessor's Parcel Numbers: Current Zoning: Land Use Designation: Lot Area: REQUIRED: Parking: 370 Spaces total, including 1.5 spaces per 1 bedroom unit, 2.0 spaces per 2 bedroom, and guest parking @ 640-070-39 PC Medium Residential 12.46 acres PROVIDED: 202 Carport spaces 61 Guest spaces 98 Open stalls 0.3 spaces per unit (included). Page No.3, Item: _ Meeting Date: 2/23/05 12 Handicapped spaces 373 Total Spaces 34 percent (Existing minimum setbacks) Perimeter: 18 ft. 3 in. Bldg.-Bldg.: 18 ft. 3 in Lot Coverage: 50 % Setbacks: Front: 15 ft. Exterior Side Yard: 10ft. One Side Yard: 5 ft. Both Side Yards: 10 ft. Rear: 15 ft. Storage: 150 cu. ft./ 1 bedroom unit 200 cu. ft. /2 bedroom unit Common Open Space: 80,800 sq. ft. (400 esq./. unit x 202 units) Building Height: 28 feet or 2.5 stories 148 cu. ft. 203 cu. ft. 265,979 sq. ft. 27 ft. 9 in. Analysis: Noticing Documentation Pursuant to Section 66452 of the Subdivision Map Act, condominium conversion projects must satisfy certain noticing requirements. The applicant has completed the tenant noticing required by the State and by the Municipal Code prior to Tentative Map consideration, including "Fonn A", the "60-Day Notice to All Existing Tenants of Intent to convert"; and "Fonn B", the "Notice to all Prospective Tenants of Intent to Convert". Table 2 below identifies the noticing requirements and when existing and prospective tenants should receive them. The tenants have been aware of the condominium conversion project proposal since Fonn A was sent in March and April of 2004, and will be given notice of having the first option to purchase a unit. Sample notices have provided by the Applicant are attached (see Attachment E, Noticing Documentation). Table 3: Noticing Documentation NOTICE REQUIREMENT 60-day notice to all existing tenants of intent to convert - "Form A"* HOW LONG & WHEN 60 days prior to filing a Design Review and Tentative Map application with the City Prior to acceptance of any rent or deposit from the prospective tenant Notice to all prospective tenants of intent to convert - "Form B"* 1 O-day notice to all existing tenants of an application of a Public Report - "Form C" 10 days before or after submittal of the Public Report to the Department of Real Estate COMPLIANCE 60-day notices were sent certified mail to existing tenants during March and April 2004. Applicant has submitted a current tenant list with copies of signed forms for all new tenants To be determined! Typically following Final Map approval Page No.4, Item:_ Meeting Date: 2/23/05 1O-day Notice to all existing Within 10 days of approval tenants of Final Map approval - of the Final Map by the City "Form 0" Notice to all prospective tenants of option to purchase/termination of tenancy - "Form E" 90-day Notice to all existing tenants of option to purchase/termination of tenancy - "Form F" 180-day notice to all existing tenants of intent to convert/termination of tenancy - "Form G" Prior to acceptance of any rent or deposit from the prospective tenant For a period of 90 days after issuance of the Public Report from the Department of Real Estate 180 days prior to termination of tenancy To be determined! Typically following Final Map approval To be determined prior to approval of Final Map To be determined prior to approval of Final Map To be determined prior to approval of Final Map HomebuyerlRelocation Assistance: The applicant will assist with the relocation of those tenants who prefer not to purchase their units by providing $1,000 for relocation and moving assistance, their full security deposit back, and a referral list of affordable housing that is generated by the Community Development Department. Staff research has detennined that there are numerous market-rate apartment projects within 2 miles of the project site that are not undergoing a Condominium Conversion process, such as Alexan Villas (160 units) in Sunbow, Beacon Cove Apartments (164 units) at 440 East H. Street in Rancho Del Rey, Pinnacles (160 units) in Otay Ranch Heritage, Canyon Villas (182 units) at 601 Telegraph Canyon Road, and Telegraph Canyon Apartments (94 units) at 310-350 Telegraph Canyon Road, and the Brandywine Apartments On Brandywine Street south of Olympic Parkway. For tenants who wish to purchase their units, the applicant will provide the homebuyer with a $3,000 credit towards the purchase of their unit, and assistance with infonnation on Community Housing Works, a non-profit organization that assists first-time homebuyers by providing access to special loan and grant programs available through state and local government, and assistance with budgeting and credit repair. The applicant will also sponsor on and off-site seminars for residents. (See Homebuyer and Relocation Assistance letter, Attachment F). Staff has included a condition of approval requiring that the applicant provide evidence that the requirements of the homebuyer and relocation assistance program have been satisfied prior to approval of the final map. Based on the following "Comparison of Rental vs. Ownership Costs" table provided by the applicant, the monthly mortgage payments including taxes and fees, combined with the annual income tax deduction for the condominium unit, will be very close to the present cost of renting. The applicant also provided data on minimum qualifying income requirements for existing renters, and after review it appears feasible that many of existing renters can qualify to purchase their units. Page No.5, Item:_ Meeting Date: 2/23/05 Table 4: Comparison of Rental vs. Ownership Costs Proj ected Int. Mortgage Monthly Total Total Current Unit Sales Rate Payments Prop. Monthly Monthly Monthly Price (Int. Taxes, Cost Cost Rents Only) HOA (After Fees Tax Refund) * 1- 249,000 4.0% $833 $400 $1,233 $1,090 $1,105 Bedroom 2- 299,900 4.0% $1,000 $450 $1,450 $1,290 $1,285 Bedroom (2-1) 2- 329,900 4.0% $1,100 $480 $1,580 $1,437 $1,365 Bedroom (2-2) 2- Bedroom 339,000 4.0% $1,130 $489 $1,619 $1,476 $1,395 (2-2) * Assuming owner is in the 25% State and Federal tax bracket Property Condition Assessment Report Because the apartment complex is more than five years old, the Applicant is required to prepare a "Property Condition Assessment Report", which lists recommendations that will upgrade the property and units (see Attachment G, "Property Condition Assessment Report -Executive Summary"). Staff has incorporated the recommendations as Tentative Map conditions of approval. Table 1 below lists the existing services utilities within the project. Table 5: Existing Utilities Air conditioning Heating Not rovided Electric hot-air heaters in living room and bedrooms Individual gas water heaters Individual gas meters Individual meters - central wmng system HOA HOA Water heaters Gas Electric meter Water Sewer Page No.6, Item:_ Meeting Date: 2/23/05 *Cable *Telephone *Not covered in the HOA Individual unit Individual unit The maintenance and monthly payment of the utilities would be addressed in the project's CC&Rs. The applicant is proposing repair / replacement of heating units, and replacement of traditional water heaters with tankless water heaters. Staff is recommending that the project meet current Fire Code requirements, including smoke detectors and fire extinguishers, and be inspected and approved by the Fire Department. Municipal Code Requirements: A condominium conversion project must satisfy certain City requirements including current zoning, which is R-3, Chula Vista Design Manual, and Chula Vista Municipal Code (CVMC) requirements, which include off-street parking, open space, and condominium conversion regulations per City ordinance. The following sections discuss how the project complies with these requirements. Open Space: Common Open Space: CVMC Section 19.28.090 requires 400 square feet of common usable open space per unit; therefore, the project must provide a minimum of 80,800 square feet of open space. The existing open space includes a playground, swimming pool and clubhouse and included in approximately 265,979 square feet of landscaped area. In addition, each unit has a 60 square foot private balcony. Conversion of Dwelling Units to Independent Ownership (CVMC Chapter 15.56): Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership, apartments converted to condominiums for sale must address the following issues: parking, adequate storage for each unit, common useable open space areas, and must satisfy fire and Unifonn Building Code standards before occupancy. A. Fire Protection: The Fire Marshall has detennined that the project must provide upgraded fire extinguishers and smoke alarms. The project is also conditioned to comply with current fire protection requirements. B. Unifonn Building Code: The Building Department reviewed the "Property Condition Assessment Report" prepared by JCEPlHuang 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 Executive Summary, and implementing conditions of approval specified in Exhibit C of the attached Draft City Council Resolution of Approval. Page No.7, Item: _ Meeting Date: 2/23/05 C. Storage: Section 15.56.020 requires adequate storage area for each unit. Studio and one-bedroom condo units require 150 cubic feet of storage space, two bedrooms require 200 cubic feet, three bedrooms require 250 cubic feet, and four bedrooms require 300 cubic feet. There are three unit types, a Plan B unit containing one bedroom, and Plans A and C containing two bedrooms. The Applicant prepared a revised storage analysis that determined that the project would come very close to meeting the above storage requirements, which can be summarized as follows: . All units will add storage by improving the laundry closet with shelving and replacing the hot water heaters with tankless water heaters; . All units except the Plan B (with an existing outside storage locker), will combine the coat closet with the patio closets; . Plan A will improve the patio closet with shelving. After the storage is upgraded, the Plan A will contain 197 cubic feet (a 3 cubic foot shortage), the Plan B with outside storage locker will contain 148 cubic feet (a 2 cubic foot shortage), the Plan B without the outside storage locker will contain 160 cubic feet, and the Plan C will contain 203 cubic feet. The additional storage will be required to be installed prior to final inspection of the condominiums. (See Attachment H, Revised Storage Report). While the amount of the proposed storage in Plans A and B does not meet the standards found in CVMC Section 15.56.020 (C), Section 15.56.070 allows a deviation from those requirements if good cause can be shown and the merits of the project, as a whole, make such an exception worthwhile. Staff believes that the project is meritorious because it is of good quality and will increase the supply of low and medium priced homes in the area. Furthermore, incorporating 150 to 200 cubic feet of adjacent storage space into the Plan A and B units may require extensive structural changes to the existing building and could reduce each unit's habitable or private open space. D. Housing Code: The Project is required to conform to Uniform Housing Code requirements in existence at the time of the approval of the Subdivision Map. The project has completed a housing inspection and is required by condition of approval to correct any deficiencies prior to Final Map approval. E. Protective Lighting Standards: A lighting plan has been submitted and approved by the Police Department. The Project will maintain the existing protective lighting standards. F. Off-street parking: The Sunbow Planned Community District Regulations requires 1.5 parking spaces for each one bedroom unit and 2 parking spaces for each two- bedroom unit, including 0.3 guest spaces per unit. The project includes 133 - 2 bedroom units and 69-1 bedroom units, requiring 370 off street parking spaces. The Project provides 373 off-street parking spaces for resident use, including 202 Page No.8, Item:_ Meeting Date: 2/23/05 carport spaces, 61 guest spaces, 98 open stalls, and 12 handicapped spaces G. Design Guidelines: The applicant has submitted a Design Review application that is in process. The Zoning Administrator action is tentatively scheduled for approval after City Council approval of the Tentative Map. Generally, the design of the building and its surrounding landscaping are attractive and well maintained. The Applicant does not propose significant exterior structural changes to the existing buildings, but will upgrade the building's appearance by repairing and re-painting exterior surfaces of buildings, adding storage space, re-surfacing the parking lots and driveways and refreshing the landscaping where needed. The City Landscape Architect has inspected the project and found that it meets current City Landscape Manual requirements. H. 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&Rs prior to final map approval showing how this will be satisfied. 1. Housing Department Compliance Survey: The Applicant has completed a Housing Code compliance survey and a condition of approval is included requiring the applicant to correct any violations prior to Final Map approval. J. The applicant submitted a "Property Condition Assessment Report" for review by the City's Building Official. The report concludes that the existing apartment complex is in good condition, structurally and cosmetically. However, the assessment identifies immediate repairs and short-term intermediate repairs. After reviewing the recommendations, staff recommends that the report recommendations be incorporated into the remodel program. Staffhas included the report recommendations as conditions of approval in the Exhibit C of the draft City Council Resolution. K. CC&Rs: The Project is conditioned to provide evidence of declarations of covenants, conditions and restrictions in conjunction with approval of the Final Map. CONCLUSION: Staff recommends that the Planning Commission adopt Resolution PCS 05-03 recommending that the City Council approve the proposed Tentative Map PCS 05-03. Based on the preceding information, staff is of the opinion that the project meets the requirements for a condominium conversion and that the City Council can approve the Tentative Map subject to the conditions listed in the attached City Council Resolution. Page No.9, Item: _ Meeting Date: 2/23/05 Attachments: A. Locator Map B. Planning Commission Resolution C. Draft City Council Resolution D. Figures: I. Site Plan 2. Floor Plan 3. Elevations E. Noticing Documentation F. Homebuyer and Relocation Assistance Program G. Property Condition Assessment Report - Executive Summary H. Revised Storage Report I. Disclosure Statement (J :\planning\casefi les\fy04-05\pcs ~ 05-03 -pc-report) -- -~ ----~"- ,.---- ~- -~------~-----------.- , ! Ii, ' -~,----._----/---_.-- ~-- ! \ 1 ! -- -- , ~ '/ ~-'I,~' =--~--- ~\ \ . \_~ ----, ---- ,~ ~ :=:-, \ '. ", " ,. \.....------ '---, I'~I-~l iL2 ------ I~, :~ '\ I . 1"~0\ -........-c:./ !,~ ,-:-~-~ "'~ ~-~ ~.. ~-'-- ''..< ''', '~~, ! 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" \ \\ Villa" 'Serena \,~/'.--'" ~ ---------<d. c~..... ---..-1A~c . ~"" CHULA VISTA PLANNING LOCATOR PROJECT S b V'II ~ PROJECT 750 East Naples Court \0 =:~ un ow ~'~:NUMBER NORTH No Scale PCS-05-03 AND BUILDING DEPARTMENT PROJECT DESCRIPTION: SUBDIVISION Request: Proposal to convert 201 apartment units into condominiums. Related cases: DRC-05-04 J :\planning\carlos\locators\pcs0503.cdr 09.07.04 Air. A LOc..kTO~ M~P RESOLUTION NO. PCS-05-03 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE A TENT A TIVE MAP TO DIVIDE INTEREST IN 12.46 ACRES AT 750 EAST NAPLES COURT FOR A ONE-LOT CONDOMINIUM CONTAINING 202 RESIDENTIAL UNITS (SCHOEPFLIN INVESTMENT COMPANY/SUNBOW CORPORATION). WHEREAS, on August 13,2004, a duly verified application was filed with the City ofChula Vista Planning and Building Department by the Schoepflin Investment Company 1 Sunbow Corporation ("Applicant"), requesting approval of a Tentative Subdivision Map to convert 202 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 Exhibit "A", and for the general description herein consists of a 12.46 acre lot located at 750 East Naples Court ("Project Site"); and WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project qualifies for a Class 1 (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus no further environmental review or documentation is necessary. WHEREAS, the Planning Commission having received certain evidence on February 23, 2005, as set forth in the record of its proceedings herein by reference as is set forth in full, made certain findings, as set forth in their recommending Resolution PCS-05-03 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 ofthe exterior boundaries of the property, at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., February 23,2005, 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. A rrA-c+f ~f;"" B PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 23th day of February, 2005, by the following vote, to-wit: AYES: NOES: ABSENT: Marco Polo Cortes, Chair ATTEST: Diana Vargas, Secretary --' ""..-<" \ \ I I I '; ',/ Y \ '~/ ',^, @ " '-, 31\ \ \.. \ I, ! I ! // '~~\ ,/ 7', "'- /('"""i}::::; , \ \ '. \..-', '~,y/, ") '''-'', \. 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"/ l,>N /'-------J / \ ~il~ ' ',y /~7--':-,-<-.---j t:j \ ~,,"?,',~:~~~,-,,'f" II" \1 f~,/~ENap~OI PROJECT\ ~~~\~~~i~~", \\\ \\ -LLI ", / \ ,/ ,\ I~\ F-::,\' ,~ ~;)\:) ~ \ - \i'~<)y~/\\ \ '~ LOCITION ~~' I t:1C,~,\'\~~'\" \',..-::\, ',,----- " ! II, i---... \\ \ II >),\ ~\\<<'\--:':"\ ,,~,' ..--- \ylj::\ \~ 1\ @I~~\~~\\ \\% \, '~ ~ \;-n \j),:/), \ Villa, Veteran's ~~~~~\, \ ::\~o','\ ~~~, \ rn,\ Home F.5 ~)" ~X)-:' d~'rc2r\\1 j ,~~~~~~', ::~,f-~, ' '/ \ 0' \V,..--<:~~/" ' --/ '\ C -~<:'D'0~.0:='::;Y ~ I' //....... \~\ II ~ <' '", \ '", ~ I Sharo_________ ~ ?1 y J I ____ l Community r ...---.:_~\ '(:-1 ~) ~ center Ct \ Hosoital \ ("1\\ I Med\C-~-\ I \ \ ' \ r---r.c==:;' ,---=-- \ --." \ \ ~ /~f----, I-----i! i \ " <"" , '-, ---- CHULA VISTA PLANNING AND LOCATOR ~~~I~~: Sunbow Villas C) PROJECT 750 East Naples Court ADDRESS: SCALE: FILE NUMBER: No Scale PCS-05-03 BUILDING DEPARTMENT PROJECT DESCRIPTION: SUBDIVISION Request Proposal to convert 201 apartment units into condominiums. NORTH Related cases: DRC..QS..Q4 J:lplanmnglcarlosllocatorslpcs0503.cdr 09.07,04 F 'f-/.-'I / 11/1 ~ DRAFT RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VIST A APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO DNIDE INTEREST IN 12.46 ACRES AT 750 EAST NAPLES COURT FOR A ONE-LOT CONDOMINIUM CONTAINING 202 RESIDENTIAL UNITS SCHOEPFLIN INVESTMENT COMP ANY/SUNBOW CORPORATION. I. RECITALS A. Project; Application for Discretionary Approval WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on August 13, 2004, with the City of Chula Vista Planning and Building Department by the Schoepflin Investment Co. ("Applicant") requesting approval of a Tentative Subdivision Map to convert 202 apartment units into individually owned condominiums ("Project"); and B. Project Site WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented in Exhibit "A", copies of which are on file in the Office of the City Clerk, incorporated herein by reference, and commonly known as Chula Vista Tract No. 05-03, Tentative Subdivision Map, and for the purpose of general description herein consists of 12.46 acres located at 750 East Naples Court ("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) Planning Commission recommendation of approval of PCS-05-03, Tentative Subdivision Map for a 202-unit condominium conversion on February 23, 2005; 2) Design Review approval DRC 05-04 of a 202-unit condominium conversion, approved by the Zoning Administrator on -.! _1_; and D. Planning Commission Record of Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on February 23, 2005, 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 750 East Naples Court, at least 10 days prior to the hearing; and Resolution WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on March 1, 2005, 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 February 23, 2005, and the minutes and Resolution resulting there from, are hereby incorporated into the record of this proceeding. III.COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project qualifies for a Class 1 (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus no further environmental review or documentation is necessary. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised their independent review and judgment and concurs with the Environmental Review Coordinator's determination that the Project qualifies for a Class 1 (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. V. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein for 750 East Naples Court, is in conformance with the elements of the City's General Plan, based on the following: 1. Land Use It is the City's goal to accommodate diversified housing types. The site is designated Residential-Medium, and was previously developed at a density of 16.2 dulac, 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. 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 2 Resolution 202 apartment units to 202 condominium units creates additional opportunities for residential ownership. 4. Open Space The Project includes adequate, existing on-site open space areas as well as a swimming pool and tot lot for resident use. 5. Safety The City Engineer, Fire and Police Departments have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets the City Standards for seismic safety and emergency services. B. The configuration, orientation and topography of the site allow for a feasible setting for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. C. The site is physically suited for residential development and the proposal conforms to all standards established by the City for such project. D. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extend to the impact created by the proposed development. VI. FINDINGS OF COMPLIANCE WITH CONDOMINUM CONVERSION REQUIREMENTS PURSUANT TO CHAPTER 15.56 AND APARTMENT RESIDENTIAL ZONE REQUIREMENTS PURSUANT TO CHAPTER 19.28 OF THE CHULA VISTA MUICIP AL CODE Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership, the City Council finds that the project meets the following: A. Fire Protection: The City Council concurs with the Fire Marshall determination that the project as conditioned will be in substantial conformance with current fire protection standards. B. Uniform Building Code: City Council concurs with the Building Division of the Planning and Building Department's determination that the "Property Condition Assessment Report" dated October 7, 2004, prepared by JCEPlHuang Consulting Engineers, Inc., adequately addresses compliance with the Building Code if applicable permits are submitted and approved and the recommended improvements set forth in the report are constructed or put in place. C. Storage: Section 15.56.020 requires minimum storage area for each unit. The complex contains units with one and two bedrooms, which require 150 and 200 cubic feet of storage area, respectively. The Applicant proposes to provide less storage space than required due to site and structural constraints. The project is conditioned to install required storage in accordance with the revised storage analysis dated February 2,2005, prior to occupancy of the condominium units. 3 Resolution The applicant will provide storage space in existing storage closets under stairwells and in patios, by remodeling coat and patio storage closets, and will improve the storage space in all the existing laundry closets by adding shelves and replacing the water heaters with tankless water heaters. The revised storage analysis determined that the Plan A will contain 197 cubic feet (a 3 cubic foot shortage); the Plan B first floor units with outside storage locker will provide 148 cubic feet (a 2 cubic foot shortage), the Plan B first floor units without an outside storage locker and second floor units will contain 160 cubic feet; and the Plan C will contain 203 cubic feet. Section 15.56.070 allows for exceptions to the storage requirements based upon overall project acceptability. In accordance with the recommendation of the Planning Commission, the City Council hereby finds that the merits of the project warrant the granting of exception to the project from the City's storage requirements based upon the City's desire to provide alternative entry-level homeowner opportunities in the project location, the project's overall conformance with the City's General Plan, ordinances, and policies, and its conformity with the average storage space requirements for a majority of the 202 units. Strict compliance with Section 15.56.020 would require significant modifications to the units and would unduly raise the price of this housing that is inconsistent with the City's desire to provide cost effective housing. Council finds that an exception can be made because the Plan A units requiring an exception provide 98.5% of the required storage, and the Plan B units requiring an exception provide 98.7% of the required storage. D. Housing Code: The Project has completed the housing inspection process and is in compliance with Housing Code requirements. E. Protective Lighting Standards: A lighting plan has been submitted and reviewed. The project will maintain the existing protective lighting standards. F. Off-street parking: Section 19.62.050(13) requires two parking spaces for each two- bedroom unit and 1.5 spaces for each 1 bedroom unit, for a total parking requirement of 370 spaces for this project. The Project provides 373 off-street parking spaces for resident and guest use, including carports and open parking stalls. G. Design Guidelines: Generally, the design of the building and its surrounding area are adequate. The Applicant does not propose significant exterior structural changes to the existing buildings, but intends to upgrade the building's external appearance, refresh landscaping, re-paint certain exterior surfaces, and re-surfacing and re-striping the parking lot. Accordingly, the Applicant shall apply for and obtain Design Review approval pursuant to CVMC Sections 19.14.582 (Design Review Committee, Duties and Responsibilities) and Section 19.14.420 (Site Plan and Architectural Approval- Purpose -Prerequisite for Certain Uses). H. Separate Service Meters: Each unit is individually metered for gas and electric service. A Homeowners Association will be responsible for the water and sewer service utility meters. The Applicant shall provide written evidence how this will be satisfied. 1. Housing Department Compliance Survey: The Project has completed a housing inspection, and will be required to perform all corrections listed in the Apartment Inspection Report prior to final inspection of a Condominium unit. 4 Resolution J. CC&Rs: The Project is conditioned to provide evidence of declarations of covenants, conditions and restrictions in conjunction with the Final Map. K. Open Space: Common Open Space: Section 19.28.090 requires 400 square feet of common usable open space per unit; therefore, the project must provide a minimum of 80,400 square feet of open space. The existing open space includes a swimming pool and tot lot, and approximately 265,979 square feet of total landscaped open space area. 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", and a "Notice to Prospective Tenants ofIntent to Convert". BE IT FURTHER RESOLVED that the City Council does hereby approve Tentative Subdivision Map, Chula Vista Tract No. 05-03 as represented in Exhibit "B" subject to the general and special conditions set forth below. VIII. GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project The Applicant, or his/her successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 05-03, 750 East Naples Court. 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 DRC 05-04 pending approval by the Zoning Administrator. IX. SPECIAL CONDITIONS OF APPROVAL A. The conditions herein imposed on the tentative map approval or other entitlement herein contained is approximately proportional both to nature and extent of impact created by the proposed development. Unless otherwise specified, all conditions and code requirements listed below and in Exhibit C 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 1 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. 5 Resolution 2. Applicant and hislher successors in interest shall, comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Subdivision Map and as recommended for approval by the Planning Commission on February 23, 2005, and DRC 05-04, pending 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 coordinate with the City ofChula Vista Planning and Housing Division to schedule a meeting with the current tenants to present alternative rental housing opportunities and assistance in relocation in conjunction with the presentation of the schedule for the phasing of the conversion of the apartments to condominiums prior to Final Map approval. 4. Prior to recordation of the Final Map, the Applicant shall submit evidence that the following City of Chula Vista noticing forms have been delivered to the existing and prospective tenants, or a schedule detailing required future notifications: a. 10-day notice to all existing tenants of an application of a Public Report - "Form C" (If submitted to State Dept. of Real Estate prior to Final Map approval). b. 10-day Notice to all existing tenants of Final Map approval- "Form D". c. Notice to all prospective tenants of option to purchaseltermination of tenancy - "Form E. d. 90-day Notice to all existing tenants of option to purchaseltermination of tenancy - "Form F". e. 180-day notice to all existing tenants of intent to convert/termination of tenancy - "Form G" 5. Prior to final inspection of any condominium unit in a detached structure containing multiple condominium units, correct any Ca. Health and Safety Code, and Uniform Housing Code violations specified in Exhibit C and any other violations identified by the Housing Inspection, to the satisfaction of the Director of Planning and Building. 6. Prior to final inspection of any condominium unit in a detached structure containing multiple condominium units, provide in that structure type 2A-I0BC fire extinguishers every 75 feet of travel distance, and smoke detectors for each unit, to the satisfaction of the Chula Vista Fire Department. 7. Submit plans and information regarding to the satisfaction of the Fire Marshall that proposed condominium units meet current Ca. Fire Code, including but not limited to fire access, water supply, sprinkler systems, and fire alarms. 6 Resolution 8. Obtain approval of a street name and street addresses to the satisfaction of the Director of Planning and Building. Updated street names and addresses shall be noted on the Final Map. 9. All existing utilities serving the subject property and existing utilities located within or adjacent to and serving the subject property shall be placed underground in accordance with the Chula Vista Municipal Code. Furthermore, all new utilities serving the subject property shall be placed underground prior to the issuance of building permits. 10. Any and all agreements that the Applicant is required to enter into hereunder shall be in a form approved by the City Attorney. 11. Submit and obtain approval of a revised floor plan showing remodel of the condominium unit adjacent to the pool/sales office building. 12. 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. 13. Applicant shall enter into a recorded agreement with the City of Chula Vista, wherein Applicant agrees to construct the storage areas described in the Revised Storage Analysis dated February 2, 2005, and as required by this tentative map. DRAINAGEINPDES 14. All on site drainage facilities shall be private. 15. Submit and obtain approval of a Water Quality Study and Technical Report including NPDES best management practices ("BMPs") to reduce the amount of pollutants entering the city's storm water conveyance system, to the satisfaction of the City Engineer. 16. Prior to approval of the Final Map fully implement NPDES best management practices ("BMPs") contained in the Water Quality Study and Technical Report. 17. 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. The erection of signs near storm drain inlets and public access point along channels and creeks; installation of efficient irrigation systems and landscape design; employment of integrated pest management principles; and the creation and implementation of inspection and maintenance programs for structural treatment control BMPs and private sewer lines. 7 Resolution b. Providing storm drain system stenciling and signage; more specifically: 1. Provide and maintain stenciling or labeling near all storm drain inlets and catch basins. 11. Post and maintain City-approved signs with language and/or graphical icons that prohibit illegal dumping at public access points along channels and creeks. c. Installing and usmg 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. iii. 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. d. 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; (3) distributing IPM educational materials to homeowners/residents. Minimally, educational materials must address the following topics: keeping pests out of buildings and landscaping using barriers, screens, and caulking; physical pest elimination techniques, such as, weeding, squashing, trapping, washing, or pruning out pests; relying on natural enemies to eat pests; and, proper use of pesticides as a last line of defense. e. Educate the Public. More specifically, the Homeowners Association, through Property Management, etc., shall inform residents about the City's non-storm water and pollutant discharge prohibitions. This goal can be achieved by distributing informative brochures (some available free from the City ofChula Vista) to new home buyers and dedicating sections of newsletters to storm water quality issues, as applicable. SEWER 18. 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 East Naples Court. STREETS 19. The street within the development shall be private. 8 Resolution 20. Remove and replace both existing driveways along the project frontage for compliance with ADA pedestrian access route requirements. Said work shall be done under a Chula Vista construction permit using Chula Vista Construction Standard CVCS-l for driveways. Driveway replacement shall be guaranteed prior to recordation of the final map. CC&RS 21. Submit Codes, Covenants, and Restrictions ("CC&Rs") to the City Engineer, Director of Planning and Building, Director of Public Works, and City Attorney 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, lightning structures, fire sprinklers and alarm systems, paths, trails, access roads, drainage structures, water treatment facilities, 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. 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 the HOA, including but not limited to private sewer spillage. d. The City's right but not the obligation to enforce CC&Rs. e. 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. f. The City must approve any revisions to provisions of the CC&Rs that may particularly affect the City. Furthermore, the HOA shall not seek approval from the City of said revisions without the prior consent of one-hundred percent (100%) of the holders of first mortgages and one-hundred percent (100%) of the property owners - unless, the Director of Planning and Building waives this requirement. g. The HOA shall not seek to be released by the City of any maintenance obligations without the prior consent of the City and one-hundred percent (100%) of the holders of first mortgages and one-hundred percent (100%) of the property owners - unless, the Director of Planning and Building waives this requirement. h. Implement education and enforcement program to prevent the discharge of pollutants from all on-site sources into the storm water conveyance system. 9 Resolution 1. The HOA shall maintain, in perpetuity, membership in an advance notice servicelsystem such as the USA Dig Alert Service and shall cause any private facilities of the property owners or HOA to be marked out whenever work is performed in the area. J. The CC&Rs shall include NPDES prOVISIOns for the perpetual and routine maintenance of structural BMPs, private sewer and storm drain facilities for the purpose of preventing and in such a manner as to prevent the discharge of non-storm water pollutants to the public storm water conveyance system. The CC&Rs shall include the requirement to maintain records for the past 10 years of BMP implementation, inspections, and maintenance activities. k. The HOA shall 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 and Restrictions. The City Engineer and Director of Public Works shall approve the provisions of the CC&Rs regarding the onsite private sewer system. 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 must be maintained and operational at all times to the satisfaction of the Fire Marshall. 22 Submit Homeowners Association budget for review and approval by the City Engineer for the maintenance of private streets, storm drains, and sewage systems. More specifically, 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 the contingency for emergencies c. Red curbslstriping must be painted once every three years. d. The Homeowners Association shall be responsible for service utilities including water and sewer, and the billing and payment ofthese utility costs. e. Storm Water quality facilities inspected prior to and after every rain event and cleaned as necessary (twice a year minimum); media inserts replaced as recommended by the manufacturer; with a contingency for emergencies. The budget shall also include a monitoring program including sampling and preparation of an annual report, when required by the City. EASEMENTS 23. 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 10 Resolution together with backing documents for all existing public utility easements and offers of dedication. Applicant shall submit evidence of noticing to all existing public utility easement holders within the project boundaries as required by the Section 66436 of the Subdivision Map Act. AGREEMENTS 24. Payoff any unpaid balance for the Sunbow Villas Tentative Map Deposit account # DQI095 and Project account CA299. 25.Prior to approval of the final map the Applicant shall enter into an agreement wherein the Applicant agrees to: · Defend, indemnify and hold harmless the City and its agents, officers, and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees wit regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. . Hold the City harmless from any liability for erosion, siltation or increased flow of drainage resulting from this project and spillage of sewage generated by the project onto adjacent public or private streets or into offsite storm water conveyance systems. · Maintain storm water quality treatment measures in accordance with an approved maintenance and inspection plan. · Implement and sustain in perpetuity, a source control storm water quality management program as outlined in the Water Quality Technical Report. 26. The Applicant shall and does agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. Signature of Property Owner Date Signature of Representative Date MISCELLANEOUS 27. The Applicant, and his/her successors in interest, shall permit all franchised cable television companies ("Cable Company") equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the 11 Resolution operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. 28. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83). 29. Submit copies of the Final Map in a digital format such as (DXF) graphic file prior to approval ofthe Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate prior to the approval of the Final Map. 30. Submit a conformed copy of a recorded tax certificate covering the property prior to approval of the Final Map. B. The following Conditions of Approval shall be satisfied prior to Final Inspection unless otherwise noted: 1. Obtain approval of a building permit for the pool/sales office building, showing remodel of the adjacent condominium unit. 2. Submit evidence satisfactory to the Director of Planning and Building that the applicant has complied with the approved homebuyerlrelocation assistance program requirements for existing residents who choose not to purchase their condominium units. 3. All lighting shall meet the protective current lighting standards of the current Uniform Building Code. 4. Prior to final inspection of any condominium unit in a detached structure containing multiple condominium units, the Project's exterior upgrades for that structure shall be constructed in accordance with the approved DRC-05-04 design review permit. 5. 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. 6. Applicant shall install additional storage in compliance with findings of the Revised Storage Analysis dated February 2, 2005, to the satisfaction of the Director of Planning and Building and Chula Vista Police Department as described below. If required by the Ca. Building Code, the applicant shall obtain building permits if necessary for the installation of the required storage. For work not requiring a building permit, submit evidence or obtain an inspection to the satisfaction of the Director of Planning and Building that the required storage has been installed, prior to the close of escrow of each uni t. 12 Resolution Plan A -First and Second Floor: Improve Patio Closet with shelving Improve laundry closet with shelving above and beside the washerldryer. Replace the current hot water heater with a Bosch Aquastar Tankless Water Heater. Incorporate the top portion of the coat closet with the patio closet (see floor plans). Total storage area: 197 cu. ft. Plan B - First Floor with Outside Storage Locker: Improve laundry closet with shelving above and beside the washerldryer. Replace the current hot water heater with a Bosch Aquastar Tankless Water Heater. Incorporate the coat closet with the patio closet in units that do not have the outside storage locker (see floor plans). Total storage area: 148 cu. ft. Plan B - First Floor without outside storage locker and Second Floor: Improve laundry closet with shelving above and beside the washerldryer. Replace the current hot water heater with a Bosch Aquastar Tankless Water Heater. Incorporate the coat closet with the patio closet. Total storage area: 160 cu. ft. Plan C -First and Second Floor: Improve Patio Closet with shelving. Improve laundry closet with shelving above and beside the washerldryer. Replace the current hot water heater with a Bosch Aquastar Tankless Water Heater. Incorporate the coat closet with the patio closet. Total storage area: 203 cu. ft. 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. !NY ALIDITY; 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 13 Resolution the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: Jim Sandoval Director of Planning & Building Ann Moore City Attorney J: \Planning\casefi les\fy04-05\PCS-05-03 \pcs05-03 . draft counci I.resol ution .doc 14 ~ ',.--- , '.----- y ~ Sharo Community Hosoital \ CHULA VISTA PLANNING LOCATOR :~~I~<;k: Sunbow Villas C9 PROJECT 750 East Naples Court ADDRESS: SCALE: FILE NUMBER: NORTH No Scale PCS-05-03 AND BUILDING DEPARTMENT PROJECT DESCRIPTION: SUBDIVISION Request Proposal to convert 201 apartment units into condominiums. Related cases: DRC-05-04 J:\planning\carlos\locators\pcs0503.cdr 09.07.04 F '(-1-// / /1/ r ~ . o <: t- D ~ ~ ~ (J) s: <:( -J :::> :t: D I(J) Q..<:( ~:j i s: ~ f::~ ~ca <: ~ :~ ~(J)~ U ! ~! I !I! II i : h - t ilq II ~ 'I!, ~ ui e ft.. I t ! ~I i Ii e ~ I II! & Ii I i;H hU1h iim ;!I i I i I : g q ~ U - i '1.11 5~i .d~fifrl/I f ~... .1& nUUUul~ I L9 Iii; I I' ~~ , I~ '! I , ;~ I, !! I~ it ij! j~i! j! H! )J!~~I .~~ ~~~ ~, illi'! i~ IiI .n dl .b .1 .11 e e 0131 ~ ~5 Iile r.E; i~~ I;i !~~ I!; I'll III~I ~I~I I ~~. i~~1 ~ ~I~~ lib 1;)J;i I~S~ i~~: ,J{~~I ~rij.~1! !~R;~ I!~j~! 1/3. ~ !~r~1 11!1/1 li~ ~ ~~I~i :;;!!g i!.IUU I':U! .~ IIi:i~ : .I~~n t i~1 tv.gi_ I .. e .. €:I .,: ~! j/ ~/ f-X01~JT .6 Exhibit C: Property Condition Assessment Report and Housing Inspection Requirements Note that the following may require Design Review or Building Permit approval: A. Property Condition Assessment Report - Repairs required prior to Final Map Approval: 1. Repair automobile fire damaged carport in front of 720 Building. 2. Repair dry rot noted on the wood stringer of the stairs accessing Unit 273. B. Property Condition Assessment Report - Repairs required prior to Final Inspection or close of escrow, whichever occurs first: 1. Repairlreplace malfunctioning windows and doors. 2. Repairlreplace any water damaged building elements and materials, including the stairs, landings, and balconies. 3. Repairlreplace the heating units. 4. Repairlreplace the hot water heaters. 5. Repair isolated cracking and alligatoring were noted on the asphalt paved. driveway and parking lots. Following repair, seal-coat and re-stripe the pavement. 6. Fill bare areas with materials that are comparable to the existing plants and adjust the irrigation system accordingly. Reset the sprinkler heads for proper spraying of irrigation water to avoid staining the exterior walls. 7. Re-plaster the surfaces of the swimming pool and spa. 8. Up-grade the surrounding concrete decks around the swimming pool and spa. 9. Paint exterior walls of the buildings, carports, property fences, and metal fence around the swimming pool and spa. 10. Plant ground cover to stabilize the currently bare slope above the retaining wall along the southern boundary of the site. Also provide timer irrigation system accordingly. C. The Project's interior upgrades may include replacing kitchen and bathroom hardware, flooring, counters, sinks, faucets, light fixtures, refrigerators, shower heads in accordance with the Property Condition Assessment Report. EXHIBIT C ~'i ~c~ j ~I;."~.\'.',,:.""...,' " .f: j "':' I > , 'J:l~ ' t+f~. j .. :,,;' ~'1 ArrA-WMF;,UIO p\0". I ~....~",....,.< "" ........ .. ~~......~....,~,'.P: ',_~"...;..,-:.,"" C' ~,_"""", _~~-..,_.);y,_ ~ "'" '" ""- - ""~, ",,"~,,-""'''''''',^.'..,.,~,,,,,-.'',.'..,,..,,'~-',,,--,,,__,, ~ o o .;::; ~ Cl.. Qi 0'1 Qi >. ~ ~ ~ .8 .2: c VI ~L.U Cl.. I ~ >. c o ~ ~ ex) g'E .- 0 .2: 0 -I 0::: E o o .... "'0 Q) CO ~ QiQi cnE~ ~ 0'- O"'C ....c:J VI . o o .;::; ~ Cl.. g'E .- 0 S~ >. c o ~ ~ ex) ,._--,;. _.._."-.."'--,,-......,--~. ~ E o o .... "'0 Q) CO ~asoD U!->W~M O'IE 'c 0 .- 0 00::: ~asoD C) u!-)!leM .f=J JgO c Q) 0 ~D :;z O'IE c 0 .- 0 00::: r~- E 0 r 0 .... cnE "'0 Q) 'c 0 CO .- 0 00::: oDD .... Q) .... '" ~ Q) .2 >. 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S ~ ~ . ~~ - ~, , .~ g ~ ~~; z o ii ~ w ~ ,rJ ~~ ..1-,1 A- -rrkc:..- V ( t4f?V r D r:;l b-. ;3 60 DAY NOTICE TO TENANTS OF FILING TENT A TIVE MAP FOR CONVERSION TO CONDOMINIUMS CITY OF CHULA VISTA GOVERNMENT CODE SECTION 66452.9 To the occupants of: 750 E. Naples Court, Apt. 98 Chula Vista, CA 91911 (address) Jonathon Ureta (tenant name) The Owners of this building, at 750 E. Naples Court, Chula Vista, California plan to file a Tentative Map with the City of Chula Vista to convert this building to a condominium project. You shall be given notice of each hearing for which notice is required pursuant to Sections 66451.3 and 66452.2 of the Government Code, and you have the right to appear and the right to be heard at any such hearing. ".. -t \.~. ' ~O~~k,- (A-QX (signat*e of tenant)j r "~'3/~ (0 'f (signature of ownet's agent) ( date) (date) I, the undersigned, have served the above notice to the tenant whose name(s) and address are described above, in the manner(s) indicated by checked box(es). 01. The UNDERSIGNE~persOnallY delivered a copy of the NOTICE(S) to the tenant(s) named below on 1, J.- i ,2004, at 'j/J,o o'clock r3'1Cm. 0 p.rn. 02. The tenant named below was absent from his/her residence; the UNDERSIGNED personally delivered a copy of the NOTICE(S) to a person of not less than 18 years of age, between the hours of 8 a.m. and 6 p.m. on , 2004, at o'clock 0 a.m. 0 p.m. 03. The NOTICE was mailed by the UNDERSIGNED in a sealed envelope, with postage prepaid, addressed to the tenant named below, and deposited in a post office, mailbox, subpost office substation or mail chute or other like facility regularly maintained by the United States Postal Service, on ,2004. Jl1.J:Jtt~- fit . t1'i/i' t,L~ Signature of person making the service: Printed Name: Business Address: .: \' A TrA-Vrl \V\ ~w T t:- (I) SUNBOW VILLAS .1 LEASE ADDENDUM To the prospective occupant(s) of: Sunbow Villas 750 East Naples Court Chula Vista, Ca 91911 Apartment No. /D! The owner of this building at 750 East Naples Court, Chula Vista, Ca 91911, has filed or plans to file an application with the City of Chula Vista to convert this building to a condominium. No units may be sold in this building unless the conversion is approved by the City of Chula Vista and until after a public report is issued by the Department of Real Estate. If you become a tenant of this building, you shall be given notice of each hearing for which notice is required pursuant to Sections 66451.3 and 66452.5 of the Government Code, and you have the right to appear and the right to be heard at any such hearing. <17: /htit:f5-' o~r's agent 6/Y;;'I Date' x r; '- / '7 - 0 1 Date' . ~', 0-(~-()+ 't .-/~ ~. / ;to ~4 /~U7 Prospective tenant's signature I have received this notice on 750 East Naples Court · Chula Vista, California 91911 (619) 482-7284 A 1T', E- (z) CBRE CB RICHARD ELLIS Jim Neil 4365 Executive Drive Suite 900 San Diego, CA 92121-2127 CB Richard Ellis, Inc. Brokerage Services 858 646 4785 Tel 858 546 3985 Fax jim.neil@cbre.com www.cbre.com February 2, 2005 CITY OF CHULA VISTA Planning & Development Department Attn: Richard E. Zumwalt, Associate Planner 276 Fourth Avenue Chula Vista, CA 91910 Re: Sun bow Villas - 750 E. Naples Home Buyer and Relocation Assistance Dear Richard: The following is a summary of the tenant benefits that we intend to offer the residents of Sunbow Villas. 1. All eligible tenants in good standing will receive $1,000 to be used for relocation and moving expenses. 2. All eligible tenants in good standing will receive their full security deposit back. 3. In the event that a tenant does purchase their unit, they will receive a $3,000 credit towards the purchase of their unit. Homebuver Assistance We intend to provide the tenants with valuable information about the process of buying and financing a condominium, so that they can become homeowners. In the past, we have teamed up with Community HousingWorks, a local non-profit organization that helps first- time homebuyers to access special loan and grant programs available through the state and local government. Through their Home Ownership Center they can also help residents with budgeting and credit repair. We intend to sponsor on and off-site seminars for the residents. Tenant Relocation Assistance If a tenant is unable or does not wish to purchase their unit, they will still receive $1,000 for relocation and moving assistance, and will receive their full security deposit back. Additionally, we will provide the referral list of affordable housing that is generated by the Community Development department. If you have any questions, please feel free to contad me at 858-646-4785. Sincerely, CB Richard Ellis, Inc. 2)G~ Jim Neil A ~ M,~rvl F- . . .... ,- --. _..~--.~. . . ~; " ~:"-; i~! - . '11i \ I ,j; 1/ ,I Iii ; OCT 1 8 2004 j 1 r L--'FLi~~~'i~NG-- I - ...- . REPORT Property Condition Assessment Sunbow Villas 750 East Naples Court Chula Vista, San Diego County, California 91911 Prepared For Sunbow Villas, LP c/o CB Richard Ellis, Inc. 4365 Executive Drive Suite 900 San Diego, California 92121 Attention: Mr. Jim Neil Prepared By JCEP/Huang Consulting Engineers, Inc. 217 Via Lara Dos Vientos Ranch, California 91320 Project No. IO-C-01935 October, 2004 ATTA~~ Gr 1.0 EXECUTIVE SUMMARY 1.1 General Description JCEPlHuang completed a property condition assessment (PCA) of a multi- dwelling complex known as the Sunbow Villas located at 750 East Naples Court in Chula Vista, San Diego County, California 91911 (subject property) at the request of Jim Neil ofCB Richard Ellis, Inc.. As a part of the PCA, an on-site walk through observation was made on September 30, 2004 with Mitchell Gottieb, Resident Manager of the subject property. Sunbow Villas consists of202 dwelling units contained in twenty 2-story garden type apartment buildings, and a single-level leasing office building. Out of the 202 apartments, unit 191A is a 2 x 2 model, and unit 98 (located in the leasing office building) is the only studio used for short term convenience rental; the rest are 1 x 1 and 2 x 2 apartments for rent. Constructed of wood frame, the dwelling complex has a rentable area of an approximated 182,810 square feet. Develop- ment of the property was completed in 1989 on an irregularly shaped parcel of land of an estimated 12.5 acres in the City of Chula Vista. A brief description of the buildings and dwelling units is as follows: Apartment Buildings 705 E. Naples Ct. 12, 101B, 102B, 104B, 105B, loOC, 103C NumericallOO's are downstairs 201B, 202B, 204B, 205B, 200C, 203C Numerical200's are u stairs 715 E. Naples Ct. 8, lO6A through 109A A: 2x2 206A throu h 209A 725 E. Naples Ct. 8, 1 lOA through 113A B: I x I 2 lOA Throu h 213A 735 E. Naples Ct. 8, 114A through 117A C: 2x2 214A throu h 217A 745 E. Naples Ct. 12, 119B, 120B, 122B, 123B, 118C, 121C 219B, 220B, 222B, 223B, 218C, 221C 755 E. Naples Ct. 12, 125B, 126B, 128B, 129B, 124C, 127C 225B, 226B,228B, 229B, 224C, 227C 765 E. Naples Ct. 8, 130A through 133A 230A throu h 233A 775 E. Naples Ct. 12, 135B, 136B, 138B, 139B, 134C, 137C 235B,236B,238B, 239B,234C, 237C 785 E. Naples Ct. 8, 140A through 143A 240A throu h 243A 720 E. Naples Ct. 12, 195B, 198B, 194C, 196C, 197C, 199C 295B, 298B, 294C, 296C, 297C, 299C 730 E. Naples Ct. 8, 190A through 193A Unit 191A is a 2 x 2 Model Apt. 290A throu h 293A 740 E. Naples Ct. 8, 186A through 189A 286A throu h 289A 750 E. Naples Ct. 2, 98 and 99 This is the leasing office building. Unit 98 is a studio, 99 is a 2 x I a t. 760 E. Naples Ct. 12, 176B, 177B, 179B, 180B, 178C, 181C 276B,277B, 279B, 280B, 278C, 281C 4 Bldg. No. oC Units Address And Unit Nos. Remarks 770 E. Naples Ct. 12, 166B, 167B, 169B, 170B, 168C, 17lC 266B, 267B, 269B, 270B, 268C, 171 C 780 E. Naples Ct. 12, 154B, 155B, 157B, 158B, 156C, 159C 254B,255B,257B,258B,256C,259C 790 E. Naples Ct. 8, I44A through 147A 244A through 247 A 744 E. Naples Ct. 8, 182A through 185A 282A through 285A 764 E. Naples Ct. 8, 172A through 175A 272A through 275A 774 E. Naples Ct. 12, 160C, 162C, 163C, 165C, 161B, 164B 260C, 262C, 263C, 265C, 261B, 264B 784 E. Naples Ct 12, 148C, 150C, 151C, 153C, 149B, 152B 248C, 250C, 251C, 253C, 249B,252B Total 202 Apartment Mix Unit Desi nation PlanA PlanB PlanC #98 #99 Total Unit T e 2x2 1 x 1 2x2 Studio 2 xl Unit Area s.c. 1,050 715 1,020 400 1,020 No.oC Units 80 82 38 I 1 202 Total Area s.C. 84,000 58,630 38,760 400 1,020 182,810 s.f. Additionally, the subject dwelling complex also provides 202 carport parking spots and 172 asphalt paved surface parking spaces (including 12 handicap parking stalls), a swimming pool and a spa, a tot lot, BBQ areas, and associated hardscape and landscape. Due to the mild climate and like many apartments in the area, Sunbow Villas is not air conditioned for cooling. Heating for the apartments is provided by electric individual wall mount heaters in each room of the dwelling units. Domestic hot water for each apartment is provided by individual gas-fired hot water heater contained in the utility closet of each apartment. Each dwelling unit is furnished with a gas range/oven, microwave oven, stainless steel sink, counter tops, wall cabinets, ceiling fan, dishwasher, refrigerator, full size washer and dryer. The electric distribution panels and individual electric meters are housed in the utility closets attached to the buildings. Individual gas meters are hung on the exterior wall of each building. Smoke detectors are available for the dwelling units, and the apartment buildings are fitted with fire extinguishers. Additionally, fire hydrants are located along the city street sidewalks by the property and on- site as required by the current fire code. 1.2 General Physical Condition 5 The subject property appears adequately maintained and in overall good condition with few defects noted. Components ofthe buildings are composed of durable materials and sturdy construction. It is JCEPlHuang's opinion that the subject property is comparable to or better than other similar properties of similar age in this area and, subject to a continued program of sustained preventative maintenance, the remaining economic life of the subject apartments should exceed 35 years. 1.3 Recommended Immediate Repairs (within 12 months) Deferred maintenance and physical deficiencies for which actiQp.s 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: . Repair automobile fire damaged carport in front of 720 Building. Management advised that this work will commence shortly. Cost of which is paid by the responsible tenant's automobile insurance company. . Dryrot was noted on the wood stringer of the stairs accessing Unit 273 (see photo No. 18). This condition should be corrected immediately. ESTIMATED COST: $1,000.00 1.4 Recommended Short Term and Intermediate Term Repairs (between 1 to 5 years) We understand that the owner of the property has planned a Renovation Program to convert the dwelling units into condominiums. The Program will be carried-out within the next two to three years, and it includes: 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. Repairlreplacement of windows and doors. 4. Repair/replacement of bathroom fixtures. 5. Repair/replacement of any water damaged building elements and materials, including the stairs, landings and balconies. 6 6. Repair/replacement of the heating units. 7. Repair/replacement of the hot water heaters. JCEP/Huang also recommends the following repairslreplacements and up-grades be incorporated with the Renovation Program. . Isolated cracking and alligatoring were noted on the asphalt paved driveway and parking lots. Localized repairs are recommended. Following the repairs, seal-coating and restriping of the pavement should beperformed. . Fill bare areas with materials that are comparable to the existing plants and adjust the irrigation system accordingly. Also reset sprinkler heads for proper spraying of the irrigation water to avoid staining the exterior walls. . Replaster the surfaces of the swimming pool and spa. Also up-grade the surrounding concrete decks around the swimming pool and spa. . Paint exterior walls of the buildings, carports, property fences and metal fence around the swimming pool and spa. . Install an electronically controlled security gate system at the entry way to the property facing E. Naples Court. . Plant ground cover to stabilize the currently bare slope above the retaining wall along the southern boundary of the site. Also provide timered irrigation system accordingly. 7 Sunbow Villas Revised Storage Report We have reviewed the staffs' comments regarding storage and propose the following revised storage report. · All existing storage closets will be fitted with required security hardware including 1" deadbolt, single cylinder locks, secure hinges, solid-core doors, and construction material which resist forced entry, to the satisfaction of the Chula Vista Police Department. · All water heaters will be replaced with a Bosch AquaStar T ankless Water Heater or similar device with dimensions of approximately 23.S"h by lS.7S"w by 8.S"d. This will increase the total storage space in all three floor plans (A, B, C). Please see below for representation of a typical laundry closet. / TYPICAL LAUNDRY CLOSET / 8' I / ~ / 3'8' '~iU I Washer !Dryer ~1" New Water I.....U // Heater /l/ 2'10" 2'10" Plan II All - First & Second Floor We will agree to: · Improve the patio closet with shelving. · Improve the laundry closet with shelving above and beside the washer/dryer. · Replace the current hot water heater with a Bosch AquaStar T ankless Water Heater. · Incorporate the top portion of the coat closet with the patio closet (see floor plans). · These improvements will increase the net storage for all Plan A units to 197 cubic feet (see calculations on Attachment I). Required Storage Space REVISED Net StoraQe Space Storaae Shortfall 200 cu. ft. 197 cu. ft. 3 cu. ft. (.02%) 1~"fTACM ME-tVl H Plan "B" - First Floor with outside storage locker We will agree to: · Improve the laundry closet with shelving above and beside the washer/dryer. · Replace the current hot water heater with a Bosch AquaStar T ankless Water Heater. · Incorporate the coat closet with the patio closet in units that do not have the outside storage locker (see floor plans). · These improvements will increase the net storage for First Floor with outside storage locker - Plan B units to 148 cubic feet (see calculations on Attachment I). Required Storage Space REVISED Net Storage Space Storaqe Shortfall 150 cu. ft. 148 cu. ft. 2 cu. ft. 11.3%) Plan "B" - First Floor without outside storage locker & Second Floor We will agree to: · Improve the laundry closet with shelving above and beside the washer/dryer. · Replace the current hot water heater with a Bosch AquaStar Tankless Water Heater. · Incorporate the coat closet with the patio closet. · These improvements will increase the net storage for First Floor without outside storage lockers and Second Floor - Plan B units to 160 cubic feet (see calculations on Attachment I). Required Storage Space REVISED Net Storage Space Storaae Shortfall 150 cu. ft. 160 cu. ft. o cu. ft. (0%) Plan "C" - First & Second Floor We will aqree to: · Improve the patio closet with shelving. · Improve the laundry closet with shelving above and beside the washer/dryer. · Replace the current hot water heater with a Bosch AquaStar Tankless Water Heater. · Incorporate the coat closet with the patio closet (see floor plans). · These improvements will increase the net storage for all Plan C units to 203 cubic feet (see calculations on Attachment I). Required Storage Space REVISED Net Storage Space Storaqe Shortfall 200 cu. ft. 203 cu. ft. o cu. ft. (0%) ATTACHMENT I Plan A - 2br (First & Second Floor) Gross Laundry Closet - (Washer + Dryer + Tankless Water Heater) = Net Storage Space Laundry Closet 2'10"d x 8'w x 8'h - ((2'1 O.d x 2'1 O"w x 3'8"h) + (2'10"d x 2'1 O"w x 3'8"h) + (1 '11.5"h x1 '3.75"w x 8.5"d)) = Net Storage 181 - (29+29+2.5) = 120.5 cu. ft. Patio Closet 2'1 O"d x 2'1 O"w x 8'h = 64 cu. ft. Coat Closet 12cu.ft. Total Storage 197 cu. ft. Plan B-1 br (First Floor with outside storage locker) Gross Laundry Closet - (Washer + Dryer + Tankless Water Heater) = Net Storage Space Laundry Closet 2'10"d x 8'w x 8'h - ((2'1 O"d x 2'1 O"w x 3'8"h) + (2'10"d x 2'1 O"w x 3'8"h) + (1 '11.5"h x1 '3.75"w x 8.5"d)) = Net Storage 181 - (29+29+2.5) = 120.5 cu. ft. Outside Locker 1'11 "d x 3'11 "w x 5'4"h = 27 cu. ft. Total Storage 148 cu. ft. Plan B-1 br (First without outside storage locker & Second Floor) Gross Laundry Closet - (Washer + Dryer + Tankless Water Heater) = Net Storage Space Laundry Closet 2'10"d x 8'w x 8'h - ((2'1 O"d x 2'1 O"w x 3'8"h) + (2'10"d x 2'1 O"w x 3'8"h) + (1 '11.5"h x1 '3.75"w x 8.5"d)) = Net Storage 181 - (29+29+2.5) = 120.5 cu. ft. Coat Closet 1 '1 O'd x 2'6"w x 8'6"h = 39 cu. ft. Total Storage 160 cu. ft. Plan C - 2br (First Floor & Second Floor) Laundry Gross Laundry Closet - (Washer + Dryer + Tankless Water Heater) = Net Storage Space Closet 2'10"d x 7'1 "w x 8'h - ((2'1 O"d x 2'10"w x 3'8"h) + (2'10"d x 2'1 O"w x 3'8"h) + (1 '11.5"h x1 '3.75"w x 8.5"d)) = Net Storage 160 - (29+29+2.5) = 99.5 cu. ft. Patio 2'1 O"d x 2'1 O"w x 8'h = 64 cu. ft. Closet Coat 1 '1 O'd x 2'6"w x 8'6"h = 39 cu. ft. Closet Total 203 cu. ft. Storaae Typical Laundry Closet Typical Patio Closet (could be incorporated with coat closet). I Patio or .m..nl Bakony Bedroom living Room .... QJ I"" 1..0 [........IJ8j,.~..~...'. I 1- ''.,-1'"",'1 [U. ..." :..~ Kitchen Dining Room Plan "A" Storage Private Entry Bed room c: _ ., <11 ~ VI 'jij,2 3:u ':"""':1'1 ",Bath r'~' Bath . ,LLk;;:=: ,.J, '_..J \~; Storage Private Entry Bedroom ".. , QJ ..><:: '" 1Q..9 3:u P;';o ~~ Balcony [. '1 -.l [~'! ----. Dining Room living Room c: QJ .c. B D ~ 0 go Closet Bedroom Plan "C" , Storage Key o . o Coat Closet .. Outside Storage Locker Laundry Closet Patio Closet Patio or Storage in some units Balcony Private Entry \ L-J Bedroom living Room Dining Room c ...... ~ ~ ru..Q ~u Plan "B" ~~~ -.- ~--- -- - ~ - _.-.....: ..........-~~ - 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. JW:1s 5CJ\D€ e.flJ1L 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. 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents. employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. .JJM N ~ \ L.. _~e>t:R\ M"'\tM~ 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ No~ If Yes, briefly describe the nature of the financial interest the official** may have in this contract. NDNe: 6. Have you made a contributio~ 9f more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No 3.. Yes _ If yes, which Council member? }JONt:: 276 Fourth Avenue Chula Vista California 91910 (619) 691-5101 /~ T\A--GH ft4tfJi ~ ~~f?- -.- y-- --- ~=--~~ P I ann n g & Building Department Planning Division I Development Processing CIlY OF CHULA VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes_ NoX If Yes which official" and what was the nature of item provided? tG Date: Print 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. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 276 Fourth Avenue Chula Vista California 91910 (619) 691-5101 PLANNING COMMISSION AGENDA STATEMENT Item: d-. Meeting Date: 2/23/05 ITEM TITLE: PUBLIC HEARING: PCM 04-16: Consideration of an amendment to the EastLake Business Center II Sectional Planning Area (SPA) plan, Planned Community District Regulations, Design Guidelines and associated regulatory documents. -The EastLake Company LLC The applicant, The EastLake Company LLC, has submitted an application to 1) amend the EastLake Business Center II Planned Community District Regulations and Land Use District Map in order to add a design district overlay over a 36 acre portion ofland containing a BC-l land use designation and clarify allowable uses within said overlay area; 2) to amend the Design Guidelines to add sign criteria specific for business located within the Design District Overlay. The 36 acre site is located at the intersection of Otay Lakes Road and Fenton AvenuelShowroom Place (Formerly Girard Court)( see Locator Map) The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in previously adopted Mitigated Negative Declaration for the EastLake II General Development Plan (GDP) and EastLake I Sectional Planning Area (SPA) Plan Amendments (IS-OO- 03) and associated Mitigation Monitoring and Reporting Program. Thus, no further environmental review or documentation is necessary. RECOMMENDATION: Adopt draft Resolution PCM 04-16, recommending that the City Council approve the proposed amendments to the EastLake II Planned Community District Regulations and the EastLake Business Center II Design Guidelines based on the findings contained in the attached Draft City Council Ordinance and Resolution. BACKGROUND: The project involves a total of 36 acres located within the Eastlake Business Center slated to be a Design District Overlay within the BC-l land use district. Development of the Design District will occur in two phases. Phase 1 of the project consists of approximately 231,000 square feet of buildings on 16 acres approved by the Design Review Committee on April 21, 2004. DISCUSSION: 1. Existing Site Characteristics The project is located at the northeast comer ofOtay Lakes Road and Fenton A venuelShowroom Page No.2, Item: Meeting Date: 2/23/05 Place in the EastLake Business Center. Surrounding land uses include Hitachi and Leviton corporate headquarters to the west, vacant industrial land to the north, and single-family residential to the east and south (see Locator Map). This portion ofthe Business Center has been rough graded in anticipation offuture development and Fenton Street and Girard Place are being installed. 2. Zoning and Land Use Site Orientation General Development Plan Business Center Business Center Low Residential Residential Business Center PC District Existing Land Use Site North South East West BCl SFAlSF3 RP8 RPl, RP2 BCl Vacant Single Family Residential Single Family Residential Single Family Residential Vacant,;corporate headquarters 3. Proposal The applicant, the EastLake Company, has submitted an application to 1) amend the EastLake Business Center II PC District Regulations and Land Use District Map to clarify the land use designations for the area delineated by the Design District Overlay; 2) amend the EastLake II Design Guidelines to add sign criteria specific to the Design District Overlay. 4. Analysis: Land Uses: The current EastLake Business Center II PC District Regulations allow the types of businesses proposed for the home improvement design district. However, staffhad concerns that the proposed concentration ofthe home improvement uses would result in a significant amount of ancillary retail uses to show the appearance of a retail center. A retail center is not permitted in the business center. As a result, staff and the applicant have agreed to the concept of forming a design district overlay for this area which would include guidelines and restrictions for specific actions within the district. Two general criteria can be delineated regarding land uses allowed under the proposed "design district overlay". First, the use must be related to "home improvement" and secondly, the use must be primarily "distribution/showroom" rather than "retail" oriented. The proposed PC district regulations clearly indicate that warehouse retailers and "cash and carry" businesses greater than 80,000 square feet (ie. Home Depot, Lowes) are not permitted uses. While the proposed land uses fall within broad categories of land uses already permitted under the BC-l regulations (primarily "showroom" or "distribution"), the concept of developing a design district overlay which further Page No.3, Item: Meeting Date: 2/23/05 refines and only allows land uses related to home improvement, will help to insure a better compatibility of uses in the area. To further insure compatibility ofland uses, a master use permit (MUP) will be approved by the Planning Commission in order to implement the design district concept. Staffbelieves that the list ofland uses proposed by the applicant (see Attachment 5A, section IV.3(2) are compatible with the category of "wholesale when in conjunction with distribution/showroom" with the exception ofthe "paint and wallpaper". While this type ofland use is a complimentary use to that of other uses proposed within the design district overlay, it does not fit the definition of "wholesale". Staff is, therefore, concerned that by allowing "paint and wallpaper", it would open to door to retail uses that are not complimentary. Signage: The proposed sign criteria contains provisions that exceed the allowable number, size and area for signs within the proposed design district compared to the existing sign criteria for the rest of the Business District. Staff concurs with the applicant that, due to the uniqueness ofthe design district concept, a separate and more lenient set of sign criteria is appropriate only within that area. Nonetheless, the area of the design district still falls within the boundaries ofthe business center and, therefore, needs to retain some compatibility with it. Under no circumstances, should the proposed sign criteria allow for more signage than what is typical for a commercial center. Staff believes that certain modifications to the proposed sign criteria are necessary as follows: Sign Type "A" - "District Identification Monument" - One of the most significant deviations between the existing sign criteria and the new design district overlay area is the applicant's proposal to allow an entry monument sign up to 30 feet in height. A conceptual design provided to staff for this sign includes a base that would be a maximum of five feet in height, similar to the EastLake Business Center monument sign proposed directly across the street, at the northwest intersection of Otay Lakes Road and Fenton Avenue. The applicant has also provided staff with a landscape concept plan to demonstrate how the proposed sign would fit within the area. Staffs primary concern with the proposed criteria for this type sign is the number of tenant panels indicated. The proposed sign criteria for the entry monument sign would allow a maximum of eight tenant sign panels. Staff recommends that the maximum number oftenant panels be reduced from eight to five. Allowing five panels is consistent with what is allowed within other commercial areas of East Lake. Staff is concerned about setting a precedent if more than five panels are allowed. (See attachment 6 A and B for both the applicant's and staffs recommendations for this sign) Page No.4, Item: Meeting Date: 2/23/05 Sign Type "B" - "District Entry Monument" - The criteria proposes to allow a series of tenant logos along the base structure for this sign. Staff does not believe said tenant logos are necessary and would contribute to sign clutter around the proposed design district. Staff is also concerned that a number of businesses may not have a separate logo resulting in the applicant placing the actual name of the business within the sign base. Staff therefore recommends the removal of all tenant logos from the criteria for this type sign. (See attachment 6 A and B for both the applicant's and staffs recommendations for this sign). Sign Type "C" - "Tenant Identification Sign" - Staff recommends allowing only one ofthese signs at each entry driveway rather than two as proposed by the applicant. Staff is concerned with the proliferation of signage proposed within the design district and believes that other types of signage will be allowed to provide adequate tenant identification once customers have entered Showroom Place. (See attachment 6A and B which compares both the applicants proposal and staffs recommendation regarding the number and location oftype "C" signs which will be allowed.) CONCLUSION For the reasons mentioned above, staff recommends approval of the proposed amendments to the EastLake Business Center II PC District Regulations creating the Design District Overlay and defining the land uses permitted therein. Staff also recommends the approval of special sign design guidelines for projects with the overlay area but with those limitations outlined in this report. Attachments I. Planning Commission Resolution 2. Draft City Council Resolution 3. Draft City Council Ordinance 4. Applicant ProposaVStaffRecommendation regarding PC District Regulations 5. Applicant Proposal/Staff Recommendation regarding Design Guidelines for Signage 6. Ownership Disclosure Statement ]:\Planning\Case Files\-05 (FY 04-05)\PCM\PCM-04-016\StaffReports\PC\PCC-04-16 STAFF REPORT PC DRAFT 8 feb 05.doc <J'.o,,,*,,,RO, - - - - - -. - ~~ _' ,~fi~ii;;(\j1~V\Em:;OC'TIrrJt;:;,>>,' ,_' __.~'~ri~\.~f".H, -,v ...:.]f](1~............... . .;:~r;~'(I',.;;.J\:V \ ~~A;-...;~l..''':-.'''''''''-" _', ! ~,,;,\,...,J~ ;1(11irr~CF"\rirY"""n ....., I ,'t/()'f.... . .....~, f '~ ..1," '~~[I J.J":~~E~1l1i~1t~'...... (, '\,'- //;"",; 1..........., I ....r1\)1;,"'~.P-:/--- ~- ..:_ UIJI~')., , tI.;' 'I.. "- ~:i.st,:1j t;:'L.~F' 1 r' 11f!~::~ -.... ---~~Z,l /~ ;~'~ ". ' 'i!,;;:r-\J~;"'~",J,?~),'.",,,., ' /, '.', \,">. \ J_ 1.-\.-\ _ .,\...; . ,<<::~vY~[Y\' , .~~~~. //'0:;1 0'>.' ~lj,~~'l!/ /' {\~~~ ~;:>' 5,,;'~'~~'7 .',: ., " LOCATOR ATTACHMENT 1 RESOLUTION NO. PCM-04-16 A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDMENTS TO THE EASTLAKE BUSINESS CENTER II SUPPLEMENTAL SPA PLANNED COMMUNITY DISTRICT REGULATIONS, LAND USE DISTRICT MAP, AND DESIGN GUIDELINES, TO DEFINE LAND USES AND ADD SPECIFIC SIGN PROVISONS FOR A 36 ACRE DESIGN DISTRICT OVERLAY LOCATED AT THE INTERSECTION OF OT A Y LAKES ROAD AND FENTON STREET/SHOWROOM PLACE-THE EASTLAKE COMPANY LLC. WHEREAS, a duly verified application for a SPA amendment was filed with the Planning and Building Department on May 19, 2004, by The EastLake Company LLC ("Developer"); and, WHEREAS, said application requests approval of amendments to the EastLake Business Center II Supplemental SPA Planned Community District Regulations and Land Use District Map and Design Guidelines to 1) add a new section to the PC District Regulations clarifying the allowable land uses for businesses located within a newly created Design District Overlay, 2) amend the Design Guidelines to add a new section containing sign guidelines applicable only for those businesses located within the Design District Overlay. ("Project); and, WHEREAS, the 36 acre project site is located at the intersection of Otay Lakes Road and Fenton Avenue/Showroom Place (formerly Girard Court). ("Project Site"); and, WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in the previously approved Mitigated Negative Declaration for the EastLake II General Development Plan (GDP) and EastLake I Sectional Planning Area (SPA) Plan Amendments (IS-00-03) and the associated Mitigation Monitoring and Reporting Program. Thus, no further environmental review or documentation is necessary; and, WHEREAS, the Planning 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 it 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., February 23,2005, 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 hereby recommends that the City Council adopt the attached draft City Council Resolution and Ordinance approving the amendments to the Design Guidelines signage provisions and the PC District Land Use District Map and Regulations in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT a copy of this ordinance be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 23rd day of February, 2005, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Diana Vargas, Secretary Marco Cortes, Vice Chair J:\Planning\StanD\Eastlake\PCM 04-12 VR-6 Rezone PC Amendement\PCM 04-12 PC Reso Apr. 14, 04.doc ...----. -------- I ~~. ~:::~-\::~ -;:;-.;.;~-:_~ ''-- . _/ ;..-~;':~~'''''' ,/ -" ,,- ,-, '--., ..,t.... ....._'r \/ /' \/", ''(' "r'; \" \/'\...( -'" '~'....-._-:-~--- , - ..:::.-.:- /~//'::'-'-. ,~ ~_ ~r;d-'-" -T ---j /", r--+- .0 " I '6' ' "I. ___~r;.---~ .. 8: - ,i' . "".,\ \ ,('I/~/ .'1 ",>(/'1:;/\ /\,/()-{), I "'-,...-~--=:===--_._--- ~'- / . ,.C <f-D ~r-b ~ . ~.~,,/.~___~_""0t--'~_\ ,~~1-< i:J _~ '"-,' , ;---'''~' ro'-i-- u ,____--;~;(\JifJ}\f\j::.lu:C'7r>'rl'>' _ "~ ,/:.."<" \1'-1 [,9--1--. ,-I / .~A'''"1!>' ,-'" ' "'Ii: ,.4'" ~-- ,:",ltL~ is') \":,:;\<ral'!"'~::j:c~"Zi~~' ' ''<, kiSS "J,~ 8 ~)~~:,' "" ,"-~~~~~~"~i.!,\^.,,c'."~:,;,~,.,',W ~/,'"\''' -:;<: ..' II i I.. L'.i ;:-~' .L-</ ' "",' /,'" \\\0,' '1'"_1,, !TI'TCT" _.' 'C''':'''' ,~ ~:S;/~;.>)'> '{ ,,~, it::~7'" <", ,,)( l~(,'fJ"'/' '''' C;) ",S:-" ; <;i~t;i~f7 J \l ~' , I .._.L.~...'-"" , ~ , I '-'''--.. ~......~ 'Tr...~~t'" i !.. \/ /'. i , , ~__-.~~1 .,..... " ...... ~", ", ,<,,\ , A" / , ' (; LOCATOR ATTACHMENT 2 RESOLUTION NO. XXXXXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE BUSINESS CENTER II SUPPLEMENTAL SPA. 1. RECITALS A Project Site WHEREAS, the areas of land which are the subject of this Resolution are diagrammatically represented in Exhibit "A" and hereto incorporated herein by this Resolution, and commonly known as the Design District Overlay within the EastLake Business Center, and for the purposes of general description consists of approximately 36 acres located at the intersection of Otay Lakes Road and Fenton Street/Showroom Place (formerly Girard Court). ("Project Site"); and, B. Project; Application for Discretionary Approvals WHEREAS, the proposed amendments to the EastLake Business Center II Supplemental SP A Planned Community (PC) District Regulations and Land Use District Map and Design Guidelines to: 1) add a new section to the PC District Regulations clarifying the allowable land uses for businesses located within a newly created Design District Overlay, 2) amend the Design Guidelines to add a new section containing sign guidelines applicable only for those businesses located within the Design District Overlay. ("Project"); and, C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements, including: 1) a Genenif Plan Amendment, General Development Plan and Sectional Planning Area Plan and associated Design Guidelines, Public Facilities Financing Plan and Comprehensive Affordable Housing Plan previously approved by City Council Resolution No. 2002-264 on July 23,2002; and 2) Planned Community District Regulations approved by Ordinance No. 22863 on August 6,2002; and D. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on February 23, 2005, and after hearing staff presentation and public testimony voted (xxxxxx) recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and Resolution xxxxx Page 2 E. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 500 ft. of the exterior boundaries of the Project Sites at least ten days prior to the hearing. F. City Council Hearing WHEREAS, a duly called and noticed public hearing was held before the City Council on March 8, 2005 on this Project. NOW THEREFORE BE IT RESOLVED that the City Council hereby find, determine and resolve as follows: II. COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in the previously approved Mitigated Negative Declaration for the EastLake II General Development Plan (GDP) and EastLake I Sectional Planning Area (SPA) Plan Amendments (IS-00-03) and the associated Mitigation Monitoring and Reporting Program. Thus, no further environmental review or documentation is necessary. III. SP A FINDINGSI APPROVAL A. THE SECTIONAL PLANNING AREA (SPA) PLANS (AS AMENDED) ARE IN CONFORMITY WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. The proposed amendments to the sign guidelines do not affect the adopted EastLake II General Development Plan nor the Chula Vista General Plan. The amendments only involve the addition of specific sign guidelines unique to a design district which will allow additional needed signage beyond what is currently allowed within the Eastlake Business Center. Furthermore, the proposed amendments to said sign regulations will only affect the 36 acres within the Business Center which contain the Design District Overlay. Resolution xxxxx Page 3 B. THE SECTIONAL PLANNING AREA PLANS WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The "project" will help promote the orderly development of the Eastlake II Sectional Planning Area (SPA) Plan. Allowing additional signage to meet the needs of home improvement type businesses which locate within the newly established design district overlay area will encourage said businesses to locate therein and, thereby, help promote the development of this 36 acre area located near the southeast comer of the EastLake Business Center, thereby encouraging said businesses to locate therein. The project site traverses all three sides of a cul-de-sac street. It is further anticipated that the development will attract other businesses into the business center. C. THE EASTLAKE CENTER II SUPPLEMENTAL SPA, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. Further, the "Project" will provide for the unique signage needs of tenants who occupy space within the design district. The proposed guidelines allow additional signage than typically allowed in the business center due to the uniqueness of the "design district" concept within the business center. Development of specific sign guidelines for the design district will allow more flexibility than what is typically allowed within the business park and yet is still restrictive enough to maintain the character of a business center and safeguard the area from becoming more retail oriented. In this regard, staff has recommended certain reductions in the amount of signage proposed by the applicant in order to safeguard the integrity of the business center concept and not allowing the type of allowable signage to transition towards more retail orientation. Staff believes allowing for a larger monument sign is appropriate given both the need for additional signage for the anchor tenants as well as the location of said sign being along a major thoroughfare along the southeast entrance to the business center. The major combination of site location, surrounding slopes and major thoroughfare to the south provide the necessary buffers to insure that the additional signage allowed for the design center will not negatively impact existing residential development to the north, east and south. D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. Resolution xxxxx Page 4 The amendments do not involve areas planned for industrial or research uses. E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The amendments do not involve these Institutional, Recreational or similar uses. F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The City's Traffic Engineering Section had determined that since the proposed uses and corresponding sign provisions are simply further refinements of already permitted uses within the EastLake Business Center, no additional traffic studies are required G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION (S). The EastLake proposed amendment does not involve Commercial uses. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The "Project" will be confined to 36 acres located at the southeast portion of the EastLake Business Park. The area is to be developed is fairly isolated from the remainder of the business park. As a result, the surrounding vacant parcels within the business park can be developed in the same fashion as existing business developments. 1. In light of the findings above, the City Council does hereby approve the EastLake Business Center II Supplemental SPA amendment as shown in Exhibit "B." Resolution xxxxx Page 5 IV. SPA CONDITIONS OF APPROVAL 1. Prior to approval of any business license within the 36 acre design district overlay, the applicant must apply for and receive approval of a Master Use Permit in accordance with the provisions established by these amendments. 2. Tables and exhibits in the EastLake Business Center II Supplemental SPA Plan must be modified to reflect the proposed amendments. Prior to submittal of application for the required Master Conditional Use Permit, the applicant shall submit 20 copies of amended documents for review and approval by the Director of Planning and Building. 3. All other conditions of any previous resolutions affecting the EastLake Business Center II Supplemental SPA shall remain in full force and effect. V. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to the their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of shall future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, instituted and prosecute litigate or compel their compliance or seek damages for their violations. No vested rights are gained by Developer or successor in interest by the City approval of this Resolution. XL INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon 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 the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its sole discretion, this resolution shall be deemed to be revoked and no further in force or in effect. Resolution xxxxx Page 6 Presented By Approved as to form by Jim Sandoval Director of Planning and Building Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 8th day of March, 2005, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: , Mayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2001-220 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 24th day of July, 2001. Executed this 8th day of March, 2003. Susan Bigelow, City Clerk EXHIBIT A ~~li,l,II~~ ._t~ X. I TTT'l'l ,D'\ ,'-'--u c;-/{z. , .....r.. ../ .! I ,>,[-,..,-,>< . ;~~ . .~~-~~ ~'__~.'~-"- '''/iJ!:L,j/-i ------r/ . (. , I I I I I I I ,,I: ./~~. ; (~C:~~-t~~ .~.~ I;::lj ,'. 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LOCATOR MAP EXHIBIT B Design Guidelines for EastLake Business Center II Supplemental SPA Approved November 16, 1999 by Resolution No.19666 Proposed Amendment to add Signing Guidelines for the Design District Draft 1/14/05 Amendment Sponsored by: International Real Estate 2297 Niels Bohr Court, Suite 210 San Diego, CA 92154 (619) 661-6681 Contact: Michael A. V ogt Master Developer: The EastLake Company 900 Lane Avenue, Suite 100 Chula Vista, California 91914 (619) 421-0127 Contact: Bill Ostrem Prepared by: Cinti Land Planning 2932 Poinsettia Drive San Diego, California 92106 (619) 223-7408 Contact: Gary Cinti 11.4.1 11.4.2 11.4.3 +e-=&=99 1-14-05 SECTION 11.4 DESIGN GUIDELINES TABLE OF CONTENTS Page Introduction IIA.l.l Purpose 1-1 Design Review Process IIA.2.1 Introduction IIA.2.2 Design Review by Master Developer 11.4.2.3 City of Chula Vista Design Review IIA.2.2 Zoning Administrator Design Review IIA.2.3 Design Review Committee IIA.2A Appeals II-2 II-I II-3 II-3 II-3 II-3 Business Center Design Guidelines IIA.3.l Site Planning - Planned Community District Regulations -Site Planning -Building Heights -Circulation & Parking -Service & Storage Areas -Community Fencing -Combined Wall and Fence Guidelines - Fences and Walls -Utilities, Antennae and Flagpoles -Grading Standards III-I IIA.3.2 Architecture -Building Massing -Building Entries -Colors and Materials - Textures -Equipment Screening -Building Materials - ArtISculpture III-9 IIA.3.3 Lighting -Safety/Security Lighting -Architectural/Landscape Lighting III-lO Page 11.4.304 Sign Program -Approval & Submittal -General Standards -Maintenance - III umination -Hardware -Prohibited Sign Types and Components -Sign Criteria Summary -Sign Types and Descriptions III-IO IIo4.3.5 Prohibited Sign Types and Components IIo4.3.6 Sign Criteria Summary for Business Center II 4.3.7 Sign Criteria for Design District Overlay III-12 III -13 III-30 11.4.4 Landscape Design IIo404.l Purpose IIo404.2 Landscape Concept IIo404.3 Landscaping Requirements IIo4o4o4 Street Landscaping IIo404.5 Slope/Erosion Control IIo404.6 Landscape and Irrigation Standards IIo404.7 Landscape Maintenance IIo404.8 Special Master Landscape Plan IV-l IV-l IV-4 -IV-8 IV-9 IV -10 IV-II IV-I6 11.4.5 Individual Lot Design Criteria IIo4.5.I Individual Lot Criteria 11.4.5.2 Organization of the Criteria V-I V-I t&=&=99 1- 14-05 LIST OF EXHIBITS Exhibit 1 Site Planning Exhibit 2 Parking Standards Exhibit 3 Fencing Types Exhibit 4 Combination Wall & Fence Exhibit 5 Building Mounted Sign Exhibit 6 Mounted Sign Letters Exhibit 7 Mounted Sign Letter Size Exhibit 8 Freestanding Monument Sign Exhibit 9 Signing Site Distance Exhibit 10 Sign Panels Exhibit 11 Sign Panels Exhibit 12 Entry Window Graphics Exhibit 13 Building Address Numbers Exhibit 14 ConstructionlLeasing Sign Exhibit 15 Vehicle Direction Sign Exhibit 15A Design District Sign Locations by Type Exhibit 15A-I District Identification Monument - Sign Tvpe "A" Exhibit I5A-2 District Entry Monument - Sign Tvpe "B" Exhibit 15A-3 Tenant Identification Sign - Sign Type "C" Exhibit 15A-4 Proiect Directional Sign - Sign Tvpe "D" Exhibit 15A-5 Building Signs Exhibit 16 Scenic Highway Sketch Exhibit 17 Entry Monument Sketch Exhibit 18 Thematic Corridor Exhibit 19 General Landscape Plan Exhibit 20 Business Center Trees +e=ft=9'9 1-14-05 Page III-2 III-4 III-6 III-7 III-II III-I 2 III -13 III-I 5 III-I 6 , III-I 8 III-I 9 III-20 III-23 III-25 III-26 III-31 III-33 III-35 III-37 III-39 III -41 IV-2 IV-3 IV-4 IV-5 IV-7 Exhibit 21 Landscape Intensity IV-9 Exhibit 22 Plant Material Matrix IV -14 Exhibit 23 Scope of Special Master Landscape Plan IV-18 Exhibit 24 Building Envelopes - Lots 1-6 V-2 Exhibit 25 Building Architecture - Lots 1-6 VI-3 Exhibit 26 Building Envelopes - Lots 7-9 V-4 Exhibit 27 Building Architecture - Lots 7-9 V-4 Exhibit 28 Building Envelopes - Lots 12-16 V-5 Exhibit 29 Building Architecture - Lots 12-16 V-6 Exhibit 30 Key Map - Lot I V-7 Exhibit 31 Key Map - Lot 2 V-8 - Exhibit 32 Key Map - Lot 3 V-9 Exhibit 33 Key Map - Lot 4 V-IO Exhibit 34 Key Map - Lot 5 V-II Exhibit 35 Key Map - Lot 6 V-12 Exhibit 36 Key Map - Lot 7 V-13 Exhibit 37 Key Map - Lot 8 V-14 Exhibit 38 Key Map - Lot 9 V-IS Exhibit 39 Key Map - Lot 10 V-16 Exhibit 40 Key Map - Lot 11 V-17 Exhibit 41 Key Map - Lot 12 V-18 Exhibit 42 Key Map - Lot 13 V-19 Exhibit 43 Key Map - Lot 14 V-20 Exhibit 44 Key Map - Lot 15 V-21 Exhibit 45 Key Map - Lot 16 V-22 ~ 1-14-05 Signs employing noise-making devices and components. Signs with no returns and exposed fastenings. Rooftop signs. Post and panel-type signs (except temporary signs). No sign, notice or other lettering shall be exhibited or affixed on any part of any building except as specifically approved in writing by the EastLake Company. 11.4.4.4.2 Sign Criteria Summary ~ Specific sign types will be permitted only with designated building types, as described in the Sign Criteria Summary matrix on the following page. Building type shall be detennined by the EastLake Company, which decision is final. Listed below are the building type definitions utilized in the matrix. Buildinsz Mounted Silms I A RM~ ITR. )NG -L 11-0- / T I I t, / ,- / / I r Exhibit 5 Only one tenant name per building permitted, utilizing metal reverse channel numbers. Example illustrates the maximum height permitted for all cap letterfonns. * Note: Refer to Section Il.4.3. 7 far siczn criteria within the Desiczn District overlav area. t&=&=99 1- 14-05 III-13 (Note: This document includes only the text and exhibits to be added) II 4.3.7 Sign Criteria for Design District The purpose of this section is to address some specific signs for the Design District, as established in the EastLake II Planned Community District Regulations. In the event that these criteria do not address any particular sign condition, the applicable provisions of Title 19 of the Chula Vista Municipal Code shall apply. The Design District will attract business and consumers of home. improvement products and services. In order to identify the location and efficiently guide the users to their destination six types of signs are provided for herein. Additional minor on-site signs will be reviewed as part ofthe Architecture and Site Plan review. Following approval of a master Use Permit for a Design District, the sign criteria contained in this section shall apply to all signing within the area covered by the Design District Overlay. Deviations to the sign standards herein may be approved (up to twenty percent by the Zoning Administrator or greater than twenty percent by Design Review Committee) based upon the following findings:- I. That the sign is consistent with the general quality and character of the EastLake Business Center II Planned Community; 2. That the sign provides a benefit to the viability of the Design District; 3. That the sign provides a benefit to the customers of the Design District; 4. That the sign is compatible with the character of the other signs in the Design District and its surroundings. Sign Locations: Exhibit 15A, Sign Locations by Type, indicates the conceptual locations of the four freestanding sign types. The exact locations will be established by approval by the Design Review Committee. Additional typical tenant signs on the buildings are shown on Exhibit 15A-5, whose location is a component of the overall building design, subject to Design Review. Fonts should be simple and clearly legible, except that tenants may use their identity fonts. The colors of sign materials and letters shall be as shown on the approved Design Review drawings. ~ 1-14-05 III-30 Design District Sign Locations by Type A District Identification Monument B District Entry Monument C Tenant Identification Sign D Project Directional Sign The sign locations indicated on this exhibit are approximate, subject to Design Review. Location of signs on buildings shall be a component of the building design, subject to Design Review. 1n105 ~ District Identification Monument - Sign Type "A": This sign is located at the base of the slope bank at the intersection of Otay Lakes Road and Fenton Street. It is intended to identify the district and the major tenants along this arterial highway. This maximum dimensions and criteria are illustrated on Exhibit l5A-l below. Max. Size: Base- 30.0' W x 5.0' H; Vertical element - 15.0' W x 17.5' H Tenant Panels: (5) 2.5' H xl0.0' Weach Logo & Copy to fit within 2'-0" H x 9'6" area Illumination: Internally illuminated 1 e 8 99 2-2-05 III-32 c -- en 1"'+ ~- n 1"'+ - c. CD ::J 1"'+ -- :!! n S>> 1"'+ -- o ::J 3: o ::J C 3 CD ::J 1"'+ , 6" 22 - , 6" 17 - en -- CC :J -I '< -C CD r- ~o ..10 <ho :::~ Xn "lo · "C 0-< .==g ~ )>::1 ~QJ ......::1 o~ ," ij qQJ "::I X (1) NII1 ." ......... 0'V1 . == 3 QJ X '-'" - - - e- (1) ~ District Identification Monument - Sign Type "A": This sign is located at the base of the slope bank at the intersection of Otay Lakes Road and Fenton Street. It is intended to identify the district and the major tenants along this arterial highway. This maximum dimensions and criteria are illustrated on Exhibit 15A-1 below. Max. Size: Base- 30.0' W x 5.0' H; Vertical element - 15.0' W x 17.5' H Tenant Panels: (5) 2.5' H xl0.0' Weach Logo & Copy to fit within 2'-0" H x 9'6" area Illumination: Internally illuminated 1 e 8 99 2-2-05 III-32 c -. en ..... ::3. n ..... m :::s ..... ... '< s: o :::s c 3 CD :::s ..... o - en -i :::c - (') -i r o G) o en -- c.c :::J -I '< -c CD - - CD - - Tenant Identification Sign - Sign Type "C": This sign directs customers along Showroom Place by indicating the best entry location to use for identified tenants. The criteria for this sign is illustrated on Exhibit 15A-3 below. Max. Size: 6.0' W X 7.0' H Tenant Panels: (5) lOS' H x 4.0' W each Logo & Copy to fit within 5.25" x 3.7" area Illumination: Externally illuminated te=-&=99 1-14-05 III-36 Sign Type "C" '0 I r-.. - 4'-0" , ~ ~ =rEISIAm= J ~5TE C =rEISIAm= ~ @ 10 WIDE. BE 5 ~ =rEISIANL J WIDE. I =t~~ c =rEISIAm= J I $ C =rEISIANL J ~ >- o I- 6' 0" NANT PANEL SIGNS )2" HIGH X 4'-0" MAXIMUM COPY TO -1/4'" HIGH X 3'-7" Tenant Identification Sign Exhibit 15A-3 t6=-&=99 1-14-05 III-37 Project Directional Sign - Sign Type "D": After entering the district from an entry drive, this sign further directs a customer to the specific tenant location. The criteria for this sign is illustrated on Exhibit l5A-4 below. Max. Size: 2.5' W x 5.0' H Copy to fit within 2-1/2" H x 2'-0" area Tenant panels - 5 Illumination: Non-illuminated ~1-14-05 III-38 Sign Type "0" 2'-6" max. ,It t 5 TENANT SIGN PANELS @ " I '/ 5" HIGH X 2'-6" WIDE. -"~ I [ ~tElSIAfIT= ~ MAXIMUM LOGO & COpy TO Ie =tE~lSIT= J1 BE 2-1/2" HIGH X 2'-0't WIDE. [=tElSIAfIT= J >< [ =TE~IiIT= ] I ~ . ~ [=tElSIAfIT= J1 ~~ b I Lo .. Project Directional Sign Exhibit 15A-4 t&=&=99 1-14-05 III-39 Building Signs Tenant Sign on Tower Element (Refer to Exhibit 15A-5 below). These are for the tower element in the buildings and identify the primary tenant locations. Max. Size: 20.0' W x 9' H Logo & Copy to fit within 9' H x 20' area (5' max. letter height) Illumination: Internally illuminated. General Tenant Sign on Buildings (Refer to Exhibit 15A-5 below). These are for individual tenants storefronts within buildings. Max. Size: 70% of storefront width x 32" H Logo & Copy to fit within 2'-0" H x 70% storefront length area Illumination: Internally illuminated. ~ \-14-05 III -40 ~ 1-14-05 Building Signs Tenant Name Tenant Tag line Tenant Sign on tower Element ~ t i~ M 70% or less of storefront width t -- '" i "f""\~ "i!)\ "~ ']' ''--, '--, , U:iJl~~l,,9:JJ'J, , ,,-, FLEXSTEEL GALLERY General Tenant Sign Exhibit 15A-5 III-41 ATTACHMENT 3 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VIST A APPROVING AMENDMENTS TO THE EASTLAKE BUSINESS CENTER II SUPPLMENT AL SP A PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP, TO DEFINE PERMITTED LAND USES WITHIN A 36 ACRE NEWLY CREATED DESIGN DISTRICT OVERLAY LOCATED AT THE INTERSECTION OF OT A Y LAKES ROAD AND FENTON A VENUE/SHOWROOM PLACE WITHIN THE EASTLAKE BUSINESS CENTER. 1. RECITALS A. Project Site WHEREAS, the area of land which is subject matter of this Ordinance is diagrammatically represented in Exhibit "A" attached hereto and incorporated herein by this reference, and commonly known as the Design District Overlay within the EastLake Buisness Center, and for the purpose of general description herein consists of approximately 36 acres located at the intersection of Otay Lakes Road and Fenton Avenue/Showroom Place (formerly Girard Place). ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, a duly verified application for a SPA amendment was filed with the Planning and Building Department on May 19,2004, by The EastLake Company LLC requesting approval of amendmentS 'to the EastLake Business Center II Supplemental SP A Planned Community DistriCt Regulations and Land Use District Map and Design Guidelines to 1) add a new section to the PC District Regulations clarifying the allowable land uses for businesses located within a newly created Design District Overlay, 2) amend the Design Guidelines to add a new section containing sign guidelines applicable only for those businesses located within the Design District Overlay. ("Project); and, C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements, including: 1) a General Plan Amendment, General Development Plan and Sectional Planning Area Plan and associated Design Guidelines, Public Facilities Financing Plan and Comprehensive Affordable Housing Plan previously approved by City Council Resolution No. 2002-264 on July 23,2002; and 2) Planned Community District Regulations approved by Ordinance No. 22863 on August 6,2002; and Page 2 D. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on February 23, 2005, and after staff presentation and public testimony, voted xxx to recommend that the City Council approve the Project, in accordance with the findings listed below; and E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City ofChula Vista on March 8, 2005, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and WHEREAS, the City Clerk set the time and place for a hearing on said Planned Community District Regulations amendment application 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 boundary of the project at least ten-days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 4:00 p.m. March 8, 2005, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and NOW, THEREFORE, the City Cou~~il of the City of Chula Vista does hereby find, determine and ordain as follows: IL PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on February 21, 2005, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceedings. III. CERTIFICATION OF COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in the previously approved Mitigated Negative Declaration for the EastLake II General Development Plan (GDP) and EastLake I Sectional Planning Area (SPA) Plan Amendments (IS-00-03) and the associated Mitigation Monitoring and Reporting Program. Thus, no further environmental review or documentation is necessary. Page 3 IV. FINDINGS FOR PLANNED COMMUNITY LAND USE DISTRICTS MAP AMENDMENT The City Council hereby finds that the proposed amendments to the EastLake Business Center II Planned Community Districts Map is consistent with the City of Chula Vista General Plan, and will provide an overlay area in which business related to home improvement can congregate with built in safeguards to prevent incompatible land uses from taking place within said overlay; and that public necessity, convenience, the general welfare and good zoning practice support the amendment. V. APPROVAL Based on the above, the City Council hereby approves the proposed amendments to the EastLake Business Center II Planned Community District Regulations and Land Use District Map as depicted in Exhibit "B" and Exhibit "C"attached hereto. VI. !NY ALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Ordinance 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 Ordinance shall be deemed to be automatically revoked and of no further force and effect ab initio. Page 4 VII. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by Jim Sandoval Director of Planning and Building Ann Moore City Attorney EXHIBIT A /"'///'--' c ~C-..-Y" '~~ ~:::~F~~~~ ",,~.R<I--~~S===::'::::':'" _ -' . . >,,;r0\F!}Ci!\J<:'!'Coc'1IJ}flf'~'>' ' ,_ .__;S'~0S~\1J'.~' u' , \ ~ '4"~~-<~, ,/'_ _:'?:-\ ; ~ 'Q\,fJJ..1i , ,,~~~~tQ'JJiJ~I~~~.w1 ~{'-.fJ.~'i' /......, "":", . j'" \ ""\f\'\D,r...L~~.:- _.-..:!!~~ \:./.h,.,...... """,'- -J::..~,.,\t~,\........- I ..m~I'U..<:).-/ - _'-4.J..LI!l,'~" "l./'\.",\ ~~>lli~Y/ ---'!>! 03~~~:~t. LEGEND C Project Location LOCATOR MAP EXHIBIT B SECTION IV: BUSINESS CENTER DISTRICTS IV.O Purpose In addition to the objectives outlines in Section 1.0 (Purpose and Scope), the Business Center Districts are included to provide for a quality working environment and to achieve a harmonious mixture of uses which might otherwise be considered incompatible when located in close proximity. Activities are intended to promote employment opportunities in manufacturing, service, research and development, engineering and wholesale trade. In addition, the Business Center Districts are included to advance the following objectives: To reserve appropriately located areas for industrial use and protect these areas from intrusion by dwellings and other non-harmonious uses; To protect residential and commercial uses from noise, odor, dust, smoke, light intrusion, truck traffic and other objectionable influences and to prevent fire, explosion, radiation and other hazards incidental to certain industrial activities; To promote sufficient open space around industrial structures to protect them from hazard and to minimize the impact of industrial operations on nearby resident~al or commercial districts; and To minimize traffic congestion and avoid overloading utilities by re- stricting construction of buildings of excessive size in relation to the amount of land around them. A. Business Center Manufacturinq Park District (BC-l) This district is intended as an area for modern industrial, research, and administrative facilities which can meet high performance and development standards, and a Desiqn District Overlav to allow a special tv desiqn district. B. Business Center Manufacturinq Service District (BC-2) This district is intended as an area for light industrial and limited service commercial uses which can meet high performance and development standards C. Business Center Core District (BC-3 ) This district is intended as an area for modern light industrial, administrative and service uses as a transition from the Village Center Commercial Districts and the BC-l & BC-2 Districts The Business Center District areas (BC-l, BC-2, and BC-3) of the EastLake Business Center have been included and constitute a portion of the High Tech/Bio Tech Zone, an area of the City of Chula Vista, the territory of which is shown on the Land Use Districts exhibit, within which certain qualifying high technology, bio-technical and bio-medical uses are encouraged to locate by providing to those businesses economic and land use processing incentives. (4/8/03) (1/31/05) IV-l Chapter II - Section II.3 EastLake II SPA Plans IV.l Permitted and Conditional Uses: Business Center Districts The following uses shall be permitted uses where the symbol "P" appears and shall be permitted uses subject to a Conditional Use Permit where the symbol "C" appears. Uses where the symbol "A" appears shall be subject to an Administrative Review. Uses where the symbol "N" appears are not permitted. Uses where the symbol "a" appears are only permitted as an accessory use to a basic permitted use. Uses where the symbol "A" or "ZA" appear shall be subject to an Administrative Design Review/Conditional Use Permit or Variance. Land Use Land Use District BC-l BC-2 BC-3 A. Manufacturinq 1. Manufacturing, compounding, assembly or treatment of articles or merchandise from the following previously prepared typical materials such as canvas, cello- phane, cloth, cork, felt, fiber, fur, glass, leather, paper (no mill- ing) , precious or semi-precious stones or-metals, plaster, plastics, shells, textiles, tobacco, wood, and yarns; novelty items (not including fireworks or other explosive type items) c P':;' C 2. Electrical and related parts; electrical appliances, motors and devices; radio, television, phonograph and computers; elec- tronic precision instruments; medical and dental instruments; timing and measuring instruments; audio machinery; visual machinery; cosmetics, drugs, perfumes, toiletries and soap (not including refining or rendering of fat or oils) C P C 3. Furniture upholstering C P c 4. Rubber and metal stamp manufac- turing C P C 5. Laboratories; chemical C C C 6. Laboratories; dental, electrical, optical, mechanical and medical P P P 7. Bottling plants P P P * See Desifln District Overlav ref!Ulations in Section IV.2 and IV.3 (4/8/03) (1/31/05) IV-2 Chapter II - Section 11.3 EastLake II SPA Plans 8. 9. Land Use Cement products manufacturing Pharmaceuticals; laboratories and manufacturing B. Storaqe and Wholesale Trades 1. Mini-storage, public storage and storage warehouses 2. Moving and storage firms 3. Building materials and lumber storage yards and/or contractors' yards Building equipment storage, sales, rentals 4. 5. 6. Automobile fleet storage Trailer, truck, or bus terminal C. Services 1. Animal hospital or veterinary clinic and/or office 2. Automobile and/or truck services including but not limited to: sales, rental agencies, body repair, paint- ing and car washes 3. Blueprinting and photocopying 4. Cleaning and dyeing plant 5. Distributors, showrooms and automobile offices 6. Eating and drinking establishments~: a. Bars b. Restaurants, coffee shops, delicatessens: 1) With alcoholic beverages 2) Without alcoholic beverages * See Desi~n District Overlav ref!ulations in Section IV.2 and IV.3 (4/8/03) (1/31/05) IV-3 BC-1 Land Use District BC-3 N P C c. N N C C P N P N P* C C A BC-2 C N P P P N P N C N C C C N N C P P C N P P C C P P C C C C A ZA Chapter II - Section II.3 EastLake II SPA Plans 7. 8. Land Use c. Snack bars, take-out only; refreshment stands within a building d. Fast food restaurants with drive-in or drive-through Furniture sales, new and used (no outdoor sales or display)~ Gasoline dispensing and/or automobile service station 9. Kennels 10. Heliports 11. Motels, hotels and convention centers 12. Newspaper publishing, printing, and distribution, general printing and li thography 13 . Offices, businesses, medical, pro- fessional, real estate and research 14. Retail commercial when in conjunction with a permitted or conditional use 15. Commercial recreation facilities 16. Janitorial services/supplies 17. Medical facilities, offices, clinics, convalescent homes, hospitals, group care, and similar related facilities. * See Desifln District Overlav re$!Ulations in Section IV.2 and IV. 3 (4/8/03) (1/31/05) IV-4 BC-1 Land Use District BC-3 p C BC-2 p C N C C p p p N N N p p C N p p C N C N C C -C C p p p p p p N C N C N C Chapter II - Section 1I.3 EastLake II SPA Plans Land Use Land Use District BC-1 D. Hiqh-Technoloqy Uses Research, development and manufacturing of advanced technology products (such as but not limited to systems, subsystems, components, peripherals and accessories), inclusive of prototype and experimental products, utilized ~n the fields of aerospace, avionics, computers, electronics, advanced materials, defense industries, communications, energy and environmental systemsi transQortat~on, telecommunication, optics/.ase~, Iiberopt~cs, optoelectrics, v~deo, ~mag~ng, mag~et~cs, oceanography, and other related f~elds. P E. Bio-Technical Uses Research, development and manu- fact~r~ng of h~alth care, food.s~fety, nutr~t~on, agr~culture product~v~ty and industrial and environmental improvement Qroducts, inclusive of prototype ana experimental products ~nvolv~ng use of organic, chemical, and biological processes. F. Bio-Medical Uses Research, development and manu- facturing of organic drug delivery systems and diagnostic and therapeutic products, inclusive of protot~e and experimental products, utilizea in the field of medical care. G. Public and Semi-Public Uses 1. Day nurseries, day care schools and nursery schools Post offices and post office terminals Pub~ic utili~y ~umping stations, equ~pment bu~ld~ng and installation Public utility service yards Educational institutions, libraries, public or private including vocational schools 2. 3. 4. 5. * See Desif!n District Overlav ref!ulations in Section IV.] and IV. 3 (4/8/03) (1/31/05) IV-5 BC-2 P -P P A A A N C BC-3 P P P P P A A C C A C ZA C C C Chapter II - Section [1.3 EastLake II SPA Plans Land Use Land Use District BC-1 BC-2 BC-3 6. Clubs and lodges, including YMCA, and similar youth group uses. N N ZA H. Other 1. Uses determined to be similar and consistent with the purpose of this chapter. C C C I. Accessorv Uses 1. Accessory structures and uses located on the same lot as permitted or conditional use P P P 2 Incidental services for employees on a site occupied by a permitted or conditional use, including day care, recreational facilities, showers and locker rooms P P P 3. Watchman's or caretaker's living quarters only when incidental to and on the same site as a permitted or conditional use A A ZA J. Temporary Uses 1. Temporary uses as prescribed in Section VI. 0 P P C * See Desifm District Overlav re!!ulations in Section IV] and IV. 3 (4/8/03) (1/31/05) IV-6 Chapter II - Section 11.3 EastLake II SPA Plans IV.2 Desiqn District (DD) Overlay Desiqnation - Master Conditional Use Permit Required This is an area as shown on the Land Use District Map that allows wholesale and retail sales as well as rofessional services s ecificall for home improvements. home furnishinG and home desiGn. Only those land uses specified in section IV.3 may be permitted sublect to the followinG requirements: A. The a roval of Master Conditional Use Permit CUP of a master planned area of no less than ten (10) acres for a DesiGn District operation. Said CUP shall establish the DO overlay for the area of land specified therein. Said CUP, herein referred to as the Master Use Permit (MUP) must be approved by the Planninc Commission. B. The MUP shall remain in effect until such time as all desiGn district land uses specified under this section lother tha~ furniture sales) are no lonGer located within the buildinGs, after which time the owner/applicant may request in writinG that the Master CUP shall become null and void. C. Prior to meetinG criteria (A) above. permitted land uses shal' include all uses listed under the BC-l land use district section IV.l (above). D. FollowinG approval of a MUP for a DesiGn District Qnly the land uses listed in section IV. 3 (E) shall be permitted within the DesiGn Overlay District: IV.3 Desiqn District (DD) Overlay desiqnation-restrictions and uses. Uses permitted within the DesiGn District are sublect to the followinG additional restrictions: A. The uses are related to home improvement, home furnishinG and home desiGn such as but not limited to sales showrooms for tile, appliances, floorinG or furniture. B. The uses shall not include: warehouse retailers. department stores or "cash and carry" businesses Greater than 80,000 square feet that primarily sell products for cash. usually without delivery service. C. Areas dedicated to showroom use shall primarily consist of display area for products, Accessory items must be incidental to display or confined to storaGe areas. D. Outdoor display areas shall be restricted to those locations and SUbl ect to conditions outlined in the Master CUP and SUbl ect to approval of an administrative CUP by the ZoninG Administrator. E. Only the followinG land uses shall be permitted once the MUP is obtained: Chapter II -Section !!.3 EastLake II SPA Plans 1. Manufacturinq with showrooms for: a. doors and windows b. window coverinq and furniture upholstery fabrics c. cabinets, closets and storaqe systems d. picture framinq e. patio furniture f. qaraqe doors and equipment ~ pool and qame table manufacturinq h. home qym equipment l. PlaYGround equipment ~ heatinG stoves and fireplace and outdoor cookinc equipment k. pool and spa equipment 2. Wholesale/Retail when in con-junction with distribution and showroom for: a. floor coverinq (stone, tile, hardwood and carpetinq) b. kitchen appliances and fixtures c. doors, windows and moldinq d. window coverinq and furniture upholstery fabrics e. cabinets, closets and storaqe systems f. picture framinq ~ patio furniture h. qaraqe doors and eauipment i. pool and qame table ~ home aym equipment k. plavqround equipment 1. heatinq stoves, fireplaces, outdoor cookinG equipment m. home theater systems and desiqn n. lamps and liqhtinq 3. Furni ture Stores shall be allowed by riqht. There is no restriction of the amount of retail sales allowed within these establishments. 4. Eatinq and drinkinq establishments wi thin the DD are not intended to compete with other commercial retail uses in the area, are meant to serve employees and patrons of the DD only, and are sub-ject to the followinG requlations: a. Establishments within individual suites: i. Total area for all of such establishments shall be limited to maximum 8,000 square feet for all buildinqs within the DD overlay desiqnation. ii. A maximum of six freestandinq food establishments may be permitted wi thin the DD overlay district. An administrative conditional use permit will be required for eac~ eatinG and drinkinq establishment. Chapter II-Section!!.3 EastLake II SPA Plans b. Establishments within a primary tenant space: i. Must be incidental to primary tenant ii. Exterior siqnaqe must be the center parkinq area beyond. oriented only towards rather than street or iii. Are allowed by riqht once the MUP has been approved S. Other uses not specified in (L 2,3) above which are listed as permitted uses under BC-1 land use district or are uniGue uses not anticipated by these reGulations may be considered on a case by case basis either by separate ZoninG Administrator CUP or by the PlanninG Commission before inclusion in the MUP in accordance with Chapter 19.14 of the Chula Vista Municipal Code. 6. Outdoor sales and display: The permanent outside sales and display of merchandise shall be sub"i ect to Section 19.58.370(B) of the Chula Vista Municipal Code. Chapter I1-Section !!.3 EastLake 11 SPA Plans IV.rj, Property Development Standards: Business Center Districts The following property development standards apply to all land and buildings other than accessory buildings authorized in this district. Any legal lot may be used as a building site, except no building permit shall be issued for any lot having a lot size less than 6,000 square feet. Each building site shall have a minimum 20 foot wide vehicular access to the street. A. General Requirements The following requirements are minimums unless otherwise stated: BC-1 BC-2 BC3 1. Lot area, net 1 ac. . 1 ac. . 1 ac. . 2. Lot width (in feet) 100 150 150 3. Lot depth (in feet) 150 150 150 4. Front yard setback (in feet) 20 25 25 5. Side yard setback each side (in feet) 10 15 15 6. Public street setback (in feet) 20 20 20 7. Rear yard setback (in feet) 10" 10" 10" S. Building height, maximum*** 35 feet 60 feet(or 2 stories which- ever is less) 9. Lot coverage (percent, net) 60 70 70 .Map for condominium development requirement. Minimum lot area may planned building complexes, subject Precise Plan shall be for a total does not need to meet lot area be reduced to 10,000 sf for master to approval of a Precise Plan. Such site of no less than 60,000 sf. '.May be reduced to zero (O) with Site Plan approval for the purpose of this provision, lot means the minimum lot width and depth specified in the above minimum property development standards. Rear yard setback shall be a minimum of 20' along the northern boundary of the Business Center II SPA abutting Rolling Hills Ranch. *** Height limit for buildings on lots within Business Center II, that are not adjacent to the external boundary of the Business Center II SPA, may be considered to be increased subject to subsequent environmental analysis of the project specific Design Review application. For the purpose of this provision, "Lot" means the minimum lot width and depth specified in the above minimum property development standards. **** Additional building height, up to 60', may be approved with Design Review approval, and must be consistent with the Design Guidelines established for this planning area. (4/S/03) (1/31/05) IV -1 0 Chapter II - Section 11.3 EastLake II SPA Plans B. Special Reauirements 1. Along all street frontages situated across from any residentially zoned property, a minimum three foot high landscaped earthen berm shall be constructed. long all other lot lines adjacent to residen- tial districts, a maximum eight (8) foot high wall may be construct- ed if required following Director of Planning review. Fences should blend in with the site's architecture. 2. Streetscapes shall be enhanced to provide an easy transition from the street to the building. Patios, circulation and parking spaces can be included in setback areas to help buffer adjoining parcels from one another. 3.. Reciprocal ingress and egress, circulation and parking arrangements shall be required where possible and feasible to facilitate vehic- ular movement between adjoining properties and to limit superfluous driveways. IV.3-~ Performance Standards: Business Center Districts A. In all Business Center Districts the required setbacks shall be land- scaped. Landscaping shall consist predominantly of plant materials and shall be irrigated by automatic sprinklers. All planting and irrigation shall be in accordance with the City's Landscape Manual. Al~ landscaping shall be permanently maintained in a clean, healthy and thriving condi- tion, free of weeds, trash and debris. B. All ground mounted mechanical equipment, including heating and air condi- tioning units and trash receptacle areas, shall be completely screened from surrounding properties by use of a parapet, wall or fence, or shall be enclosed within a building. Exposed gutters, downspouts, vents, louvers and other similar elements shall be painted to match the surface to which they are attached unless they are used as part of the design theme. C. All utility connections shall be designed to coordinate with the archi- tectural elements of the site so as not to be exposed except where required by utility provider. Pad-mounted transformers and/or meter box locations shall be included in the site plan with an appropriate screening treatment. D. Lighting. All light sources shall be shielded in such a manner that the light is directed away from streets and adjoining properties. Illumina- tors shall be integrated within the architecture of the building. The intensity of the light at the boundary of any Business Center District shall not exceed seventy-five (75) foot lamberts from a source of re- flected light. E. Electrical Disturbance, Heat and Cold, Glare. No use except a temporary construction operation shall be permitted which creates changes in tem- perature or direct glare, detectable by the human senses without the aid of instruments, beyond the boundaries of the site. No use shall be per- mitted which creates electrical disturbances that affect the operation of any equipment beyond the boundary of the site. F. Fire and Explosive Hazard. All uses involving inflammable and explosive materials shall be subject to initial and continued compliance with all (4/8/03) (1/31/05) IV-II Chapter II - Section 11.3 EastLake II SPA Plans applicable State regulations contained in the California Code of Regulations and the Uniform Fire Code. G. Noise. The acceptable outdoor noise exposure levels, measured at the property line, for the Business Center districts are given in the following table. (See amended Chapter 19.66 CVMC for definitions and additional details.) Exterior Noise Limits' Receivinq Land Use District 10 p.m. - 7 a.m. BC-l, BC-2, & BC-3 70 dbA 'Environmental Noise - Leg in any hour 'Nuisance Noise - not exceeded at any time H. Odor. Any use involving the creation or emission of odorous gases or other odorous matter shall be subject to initial and continuous compliance with all applicable County regulations including, but not limited to Rule 51 of the San Diego County Air Pollution Control District (APCD) regulations. I. Radioactivity. Any use involving radioactive materials shall be subject to initial and continued compliance with all applicable State regulations including, but. not limited to, Title 17 of the California Code of Regulations and Uniform Fire Code. J. Vibration. No use except a temporary construction operation shall be permitted which generates inherent and recurrent ground vibration percep- tible, without instruments, at the boundary of the lot on which the use is located. K. In any Business Center District, the conversion of a project to condo- minium ownership shall meet all the requirements of the zone to the maxi- mum extent possible. Specific City Council waiver shall be required where the zone requirements cannot be met. L. Air Pollution. Emission of air contaminants shall be subject to initial and continued compliance with all applicable County regulations including, but not limited to, Rule 50 of the San Diego County Air Pollution Control District (APCD) regulations. M. Outdoor Storage Areas shall be entirely enclosed by solid walls not less than eight (8) feet in height to adequately screen views from the external boundaries of the property. N. Energy Conservation. Buildings shall be located on the site to provide adjacent buildings adequate sunlight for solar access when practical. Buildings should be designed to minimize energy consumption, including, but not necessarily limited to the following conservation measures: Cogeneration; South facing windows; Eave covering for windows; Earth berming against exterior walls; and, Deciduous shade trees. O. Toxic Materials. Any use involving hazardous materials shall be subject to initial and continued compliance with all applicable State regulations including, but not limited to, those contained in the California Code of (4/8/03) (1/31/05) IV-12 Chapter II - Section 1I.3 EastLake II SPA Plans Regulations, State Health and Safety Codes, and the Uniform Fire Code. P. Liquid or Solid Waste. The discharge or deposit of liquid or solid wastes shall be subject to the provisions of Section 19.66.150 CVMC. NOTE: With the exception of the Uniform Building Code and Uniform Fire Code, the above referenced State and County regulations shall not be administered by City departments/agencies. (4/8/03) (1/31/05) IV -13 Chapter II - Section II.3 EastLake II SPA Plans EXHIBIT C Land Use Districts Proposed Project Location PA P'>4t1l '[1111" AdIIIU.IIIi.. BUSINESS CENTER ~eu.- c... t.I8rU:M:IurIng PaIt( DII*ic:t Bc.2 !k'*- c.. - t.I8rU:M:IurIng SeMce Dia1ct BC-3Buslness Center - Core District SPECIAL PURPOSE SpIce -- $pia SpIce -- SpmI $pia ..... DiIdrict NIIc~ CIaIct ~F__ GwIt...... Ln \.lie DiIIMI:t 0V8IIIy III 5ecIan tl.3D in PC I;IiIrt. Regs) IDesign District OVerlay Area I(Refer to Section 1V.2 & 1V.3 in PC Dist Regs.) ~fASTlAKE II A planned community by The EastLake Co. ~m .....~~ f"tJ'i1114105 (4/8/03) 0/31/05) v Chapter II - Section [1.3 EastLake II SPA Plans ATTACHMENT 4 APPLICANT'S RECOMMENDED LANGUAGE FOR PC DISTRICT REGULATIONS IV.2 Desiqn District (DD) Overlav Desiqnation - Master Conditional Use Permit Required This is an area (as shown on the Land Use District Map) that allows wholesale and retail sales as well as professional services specifically for home improvements, home furnishinq and home desiqn. Only those land uses specified in section IV.3 may be permitted sublect to the followinq requirements: A. The approval of Master Conditional Use Permit (CUP) of a master planned area of no less than ten (10) acres for a Desiqn District operation. Said CUP shall establish the DO overlay for the area of land specified therein. Said CUP, herein referred to as the Master Use Permit (MUP) must be approved bv the Planninq Commission. B. The MUP shall remain in effect until such time as all desiqn district land uses specified under this section (other than furniture sales) are no lonqer located within the buildinqs, after which time the owner/applicant may request in writinq that the Master CUP shall become null and void. C. Prior to meetinq criteria (A) above, permitted land uses shall include all uses listed under the BC-1land use district section IV. 1 ( above) . D. Followinq approval of a MUP for a Desiqn District only the land uses listed in section IV.3(E) shall be permitted within the Desiqn Overlay District: IV.3 Desiqn District (DD) Overlay desiqnation-restrictions and uses. Uses permitted within the Desiqn District are sublect to the followinq additional restrictions: A. The uses are related to home improvement, home furnishinq and home desiqn such as but not limited to sales showrooms for tile, appliances, floorinq or furniture. B. The uses shall not include: warehouse retailers. department stores or "cash and carrvu businesses qreater than 80,000 square feet that primarily sell products for cash, usually without delivery service. C. Areas dedicated to showroom use shall primarily consist of display area for products, Accessorv items must be incidental to display or confined to storaqe areas. D. Outdoor disp1av areas shall be restricted to those locations and SUbl ect to conditions outlined in the Master CUP and SUbl ect to approval of an administrative CUP bv the Zoninq Administrator. E. Only the followinq land uses shall be permitted once the MUP is obtained: Chapter II-Section!!.3 EastLake II SPA Plans 1. Manufacturinq with showrooms for: a. b. c. d. e. f. ~ h. i. L doors and windows window coverinq and furniture upho1sterv fabrics cabinets, closets and storaqe systems picture framinq patio furniture qaraqe doors and equipment pool and qame table manufacturinq home qym equipment Playqround equipment heatinq stoves and fireplace and outdoor cookinq equipment pool and spa equipment k. 2. Wholesale/Retail when in coni unction with distribution and showroom for: a. floor coverinq (stone, tile, hardwood and carpetinq) b. kitchen appliances and fixtures c. doors, windows and moldinq d. window coverinq and furniture upholstery fabrics e. cabinets, closets and storaqe systems f. picture framinq ~ patio furniture h. qaraqe doors and equipment i. pool and qame table L home qym equipment k. playqround equipment 1. heatinq stoves, fireplaces, outdoor cookinq equipment m. home theater systems and desiqn n. lamps and liqhtinq o. paint and wallpaper 3. Furniture Stores shall be allowed by riqht. There is no restriction of the amount of retail sales allowed within these establishments. 4. Eatinq and drinkinq establishments within the DD are not intended to compete with other commercial retail uses in the area, are meant to serve employees and patrons of the DD only, and are subiect to the followinq requlations: a. Establishments within individual suites: i. Total area for all of such establishments shall be limited to maximum 8,000 square feet for all buildinqs within the DD overlay desiqnation. ii. A maximum of six freestandinq food establishments may be permitted within the DD overlay district. An administrative conditional use permit will be required for each eatinq and drinkinq establishment. Chapter II -Section! !.3 EastLake II SPA Plans STAFFS RECOMMENDED LANGUAGE. FOR PC DISTRICT REGULATIONS IV.2 Desiqn District (DD) Overlav Desiqnation - Master Conditional Use Permit Required This is an area (as shown on the Land Use District Map) that allows wholesale and retail sales as well as professional services specifically for home improvements, home furnishinG and home desiGn. Only those land uses specified in section IV.3 may be permitted subiect to the followinG requirements: A. The approval of Master Conditional Use Permit (CUP) of a master planned area of no less than ten (10) acres for a DesiGn District operation. Said CUP shall establish the DO overlay for the area of land specified therein. Said CUP, herein referred to as the Master Use Permit (MUP) must be approved bv the PlanninG Commission. B. The MUP shall remain in effect until such time as all desic:1 district land uses specified under this section (other than furniture sales) are no lonGer located within the buildinGs, after which time the owner/applicant may request in writinG that the Master CUP shall become null and void. C. Prior to meetinq criteria (A) above, permitted land uses shall include all uses listed under the BC-1 land use district section IV. 1 (above). D. Followinq approval of a MUP for a DesiGn Districtonl V the land uses listed in section IV. 3 (E) shall be permitted wi thin the DesiGn Overlay District: IV.3 Desiqn District (DD) Overlav desiqnation-restrictions and uses. Uses permitted within the Desiqn District are subiect to the followinG additional restrictions: A. The uses are related to home improvement, home furnishinG and home desiqn such as but not limited to sales showrooms for tile, appliances, floorinq or furniture. B. The uses shall not stores or "cash and feet that primarily delivery service. include: warehouse retailers. department carrvu businesses qreater than 80,000 square sell products for cash, usually without C. Areas dedicated to showroom use shall primarily consist of display area for products, Accessorv items must be incidental to display or confined to storaGe areas. D. Outdoor display areas shall be restricted to those locations and subi ect to conditions outlined in the Master CUP and subi ect to aooroval of an administrative CUP bv the ZoninG Administrator. E. Onl v the followinG land uses shall be permitted once the MUP is obtained: Chapter II -Section !!.3 EastLake II SPA Plans 1. ManufacturinG with showrooms for: a. doors and windows b. window coverinq and furniture upholstery fabrics c. cabinets, closets and storaGe systems d. picture framinq e. patio furniture f. qaraGe doors and equipment ~ pool and qame table manufacturinG h. home qym equipment i. Plavaround equipment ~ heatina stoves and fireplace and outdoor cookinc equipment k. pool and spa equipment 2. Wholesale/Retail when in coni unction with distribution and showroom for: a. floor coverina (stone, tile, hardwood and carpetinG) b. kitchen appliances and fixtures c. doors, windows and moldinq d. window coverinG and furniture upholstery fabrics e. cabinets, closets and storaae systems f. picture framinG ~ patio furniture h. qaraqe doors and eauipment i. pool and Game table ~ home aym eauipment k. plavqround equipment l. heatinG stoves, fireplaces, outdoor cookinc eauipment m. home theater systems and desiqn n. lamps and liqhtinq 3. Furniture Stores shall be allowed by riGht. There is no restriction of the amount of retail sales allowed within these establishments. 4. Eatinq and drinkinq establishments within the DD are not intended to compete with other commercial retail uses in the area, are meant to serve employees and patrons of the DO only, and are subiect to the followinG requlations: a. Establishments within individual suites: i. Total area for all of such establishments shall be limited to maximum 8,000 square feet for all buildinqs within the DO overlay desianation. ii. A maximum of six freestandinq food establishments may be permitted wi thin the DO overlay district. An administrative conditional use permit will be required for each eatinc and dr;nkina establishment. Chapter II-Section! !.3 EastLake II SPA Plans b. Establishments within a primary tenant space: i. Must be incidental to primary tenant ii. Exterior siGnaae must be the center parkinq area beyond. oriented only towards rather than street or iii. Are allowed bv riqht once the MUP has been approved 5. Other uses not specified in (1,2,3) above which are listed as permitted uses under BC-1 land use district or are unique uses not anticipated bv these reGulations may be considered on a case bv case basis either bv separate Zoninq Administrator CUP or bv the P1anninq Commission before inclusion in the MUP in accordance with Chapter 19.14 of the Chula Vista Municipal Code. 6. Outdoor sales and display: The permanent outside sales and display of merchandise shall be subi ect to Section 19.58.370(B) of the Chula Vista Municipal Code. Chapter II -Section !!.3 EastLake II SPA Plans ATTACHMENT 5 APPLICANT'S RECOMMENDED LANGUAGE FOR DESIGN GUIDELINES (SIGNAGE) Design District Sign Locations by Type A District Identification Monument B District Entry Monument C Tenant Identification Sign D Project Directional Sign The sign locations indicated on this exhibit are approximate. subject to Design Review. Location of signs on buildings shall be a component of the building design, subject to Design Review. 117105 Exhibit 15A te=ft=99 1- 14-05 III-31 District Identification Monument - Sign Type "A": This sign is located at the base of the slope bank at the intersection of Otay Lakes Road and Fenton Street. It is intended to identify the district and the major tenants along this arterial highway. This maximum dimensions and criteria are illustrated on Exhibit 15A-l below. Max. Size: Base- 30.0' W x 5.0' H; Vertical element - 15.0' W x 25.0' H Tenant Panels: (8) 2.5' H xl0.0' Weach Logo & Copy to fit within 2'-0" H x 9'6" .area Illumination: Internally illuminated te=-&=99 1-14-05 III-32 te-=&=99 1-14-05 x m E o , o M o , Lo N , , " o I Lo, f i Sign Type "A" 15'-0" ,.-- l TEN~(J r-- -----, L ~ANT_ j I TENANT 7 L__ ___..J [ !E~~~i J [ T~~T_ ] I" TENANT ! L__ ___..J L-)~~}:~~~-] I' TENANT -1 L__ ___J t Tenant Panels (8 max.) at 10'-0" x 2-6". Logo & Copy to be 9'-6" x 2'-0". } District Identification Monument 30'-0" max. III-33 Exhibit 15A-l District Entry Monument - Sign Type "B": This sign identifies the entry to the Home Improvement District at the intersection of Fen ton Street and Showroom Place to efficiently guide customers to the district. The criteria for this sign is illustrated on Exhibit l5A-2 below. Max. Size: 40.0' W X 9.0' H Letter size: District Name: l7"H Logo & Copy for Tenant Names: 8"H Maximum number of tenant names - 50 Illumination: Internally illuminated te-=&=99 1- 14-05 III-34 Z-VSI nQ,Qx3 c -- t/) ... .., -- (") ... m ~ ... ~ s: o ~ t: 3 CD ~ ... ~t-III ~O-v[-[ ~ .;:.. o~ I o 5'- 0" 4'-0" ~- ~. , -, c en -t ~ (") -t r ~O G) 0 ~ .Im ~ 3b"3;i Q)cc 0 :J X c: en -- (C :J ~ -C CD UJ ~ I o -. 0 :J Q) 3 ^' .-+ :J -CD- c:Jc.- 3 c. 0 -cc (X)OOo :oenen ::r"O -. -.'< cc 0' cc .....:J ::roO"O" . o"Q)m men CD - - OJ - - STAFFS RECOMMENDED LANGUAGE FOR DESIGN GUIDELINES (SIGNAGE) Design District Sign Locations by Type A District Identification Monument B District Entry Monument C Tenant Identification Sign D Project Directional Sign The sign locations indicated on this exhibit are approximate, subject to Design Review. Location of signs on buildings shall be a component of the building design, subject to Design Review. 1/7/05 District Identification Monument - Sign Type "A": This sign is located at the base of the slope bank at the intersection of Otay Lakes Road and Fenton Street. It is intended to identify the district and the major tenants along this arterial highway. This maximum dimensions and criteria are illustrated on Exhibit 15A-l below. Max. Size: Base- 30.0' W x 5.0' H; Verticalelement-15.0'Wx 17.5'H Tenant Panels: (5) 2.5' H xl0.0' W each Logo & Copy to fit within 2'-0" H x 9'6" area Illumination: Internally illuminated 1 e 8 99 2-2-05 III-32 c -. tn .. :!. n .. - a. CD ::::s .. -. ~ n S>> .. -. o ::::s s: o ::::s c 3 CD ::::s .. 22' -6" 17' -6" en -. CC ::J ~ -C CD r "2S ",0 :;s;to Xn ~o , "C ~-< 0" g C'" (1) -i )>(1) I'"P:::J ~OJ o~ ," "'0 ~OJ ":::J X (1) ~U1 I ........ 0'IV1 0:; 3 OJ 6 - - ~ - District Entry Monument - Sign Type "B": This sign identifies the entry to the Home Improvement District at the intersection of Fen ton Street and Showroom Place to efficiently guide customers to the district. The criteria for this sign is illustrated on Exhibit 15A-2 below. Max. Size: 40.0' W x 9.0' H Letter size: District Name: 17"H Logo & Copy for Tenant Names: 8"H Illumination: Internally illuminated 1 e 8 99 2-2-05 III-34 - - (Q - - Q) c.. ~ l- e: C) -- en .. o I lo r"") I -L .. r . ..I- ; .. -0 0 I C> -0 v 0 ~ l- I U - a:: I I- CIJ - C I I _ L- I ~ ~ ~ ~ Q-,g I ..... C CD E ::s c o :E ~ ..... c W ..... CJ -- a.. ..... f/) -- c Q ,17" " 02/08/05 11:33 FAX C.V. PLANNING & BUILDING ATTACHMENT 6 ~u?- -.- r-=>: """- _ -....: ~~ p I ann n g & Building Planning Division Department Development Processing mY OF CHUIA 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. The EastLake Comaanv LLC a california limite liability company 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 Investment in the business (corporation/partnership) entity. N/A 3. If any person. identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N/A 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. William T. Ostrem 5. Has any person" associated. with this contract had any financial dealings with an official"* of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ No~ If Yes, briefly describe the nature of the financial interest the official.. may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No 3Yes _If yes, which Council member? 276 Fourth Avenue Chula Vista California Y1Y10 (619) 691-5101 02/08/05 11:33 FAX C.V. PLANNING & BUILDING 141003 ~~,~ -.- '--, - ---- - - ~......... -- p I ann n g & Building Planning Division Department Development Processing CIlY Of CHULA VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No ~ If Yes, which official** and what was the nature of item provided? Date: February 9, 2005 Signatu ntra . William T. strem, President/CEO The EastLake Company, LLC Print or type name of Contractor/Applicant Person is defined as: any individual, filTTl, 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