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Home My WebLink AboutPlanning Comm Rpts. /2005/09/28 REVISED AGENDA PLANNING COMMISSION MEETING Chula Vista, California 6:00 p.m. Wednesday, September 28,2005 Public Services Building Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: Madrid_ Felber_ Nordstrom_ Cortes Hom_ Bensoussan_ Tripp_ ROLL CALL/MOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE APPROVAL OF MINUTES September 14, 2005 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: PCC 05-24; Consideration of a modification to an existing Conditional Use Permit for a trucking operation at 120 Press Lane to remove the restriction on the south facing doors being open between the hours of 6:00 p.m. to 6:00 a.m. (Quasi-judicial) Staff recommends that public hearing be opened and continued to a date uncertain. AGENDA PLANNING COMMISSION MEETING Chula Vista, California 6:00 p.m. Wednesday, September 28,2005 Public Services Building Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: Madrid_ Felber_Nordstrom Bensoussan_ Tripp_ Cortes Hom_ ROLL CALL/MOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE APPROVAL OF MINUTES September 14, 2005 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: PCC 05-24; Consideration of a modification to an existing Conditional Use Permit for a trucking operation at 120 Press Lane to remove the restriction on the south facing doors being open between the hours of 6:00 p.m. to 6:00 a.m. (Quasi-judicial) Staff recommends that public hearing be opened and continued to a date uncertain. Planning Commission - 2 - September 28,2005 2. PUBLIC HEARING: PCC 05-53; Consideration of a Conditional Use Permit for an outdoor seating area at a proposed taco shop at 1052 Broadway. (Quasi-judicial) Staff recommends that public hearing be opened and continued to October 12,2005. 3. PUBLIC HEARING: PCS 05-10; Consideration for the proposed conversion of the existing 15-unit apartment complex at 916 Fourth Avenue to 15 condominium units for individual ownership. Oak Fourth Development, LLC. (Quasi-judicial). Project Manager: Danielle Putnam DIRECTOR'S REPORT: COMMISSION COMMENTS: · Discussion of legislative vs. quasi-judicial decisions and rules of ex parte contact. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TOO) at 585- 5647. California Relay Service is also available for the hearing impaired. Planning Commission - 2 - September 28,2005 2. PUBLIC HEARING: PCS 05-10; Consideration for the proposed conversion of the existing is-unit apartment complex at 916 Fourth Avenue to 15 condominium units for individual ownership. Oak Fourth Development, LLC. (Quasi-judicial). Project Manager: Danielle Putnam DIRECTOR'S REPORT: COMMISSION COMMENTS: · Discussion of legislative vs. quasi-judicial decisions and rules of ex parte contact. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity. or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TDD) at 585- 5647. California Relay Service is also available for the hearing impaired. MINUTES OF THE PLANNING COMMISSION Of the City of Chula Vista, California 6:00 p.m. Wednesday, September 14,2005 Public Services Building Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: Members Present: Member(s) Absent: Felber, Bensoussan, Madrid, Ham, Nordstrom, Tripp Cortes Staff Present: Nancy Lytle, Assistant Planning Director Rick Rosaler, Principal Planner Harold Phelps, Associate Planner Jill Maland, Deputy City Attorney III ROLL CALL/MOTIONS TO EXCUSE: MSC (MadridlTripp) (6-0-1-0) to excuse Commissioner Cortes. Motion carried. PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE APPROVAL OF MINUTES August 24, 2005 MSC (Nordstrom/Ham) to approve minutes of August 24,2005 as submitted. Motion carried. INTRODUCTORY REMARKS Read into the record by Chair Madrid. ORAL COMMUNICATIONS No public input 1. PUBLIC HEARING: 6:08:18 PM GPA 05-01, PCZ 03-01 and PCS 03-01; Consideration of General Plan Amendment, Rezone and Tentative Subdivision Map for a project known as EI Dorado Ridge, Chula Vista Tract 03-01; located on the east side of Brandywine Avenue, across from Mendocino Drive, north of Main Street. Planning Commission -2- September 14,2005 Staff recommends that public hearing be continued to a date uncertain. MSC (Madrid/Felber) (6-0-1-0) that the Planning Commission continue public hearing to a date uncertain. Motion carried. 2. PUBLIC HEARING: 6:10:39 PM PCM 04-18; Consideration of Otay Ranch General Development Plan Amendment; PCM 04-19 Village Six Sectional Planning Area (SPA) Plan Amendment; PCZ 06-02 Zone Change; and PCS 05-16 Revised Tentative Map for a mixed-use Village Six Core along both sides of East Palomar Street between View Park Way and Magdalena Avenue. Otay Project, LP 6: II :26 PM Harold Phelps reported that the Otay Ranch Company proposes a mixed- use project in the Village Six Core along both sides of East Palomar Street, providing approximately 20,000 sf of ground floor commercial retail space on the south side and 20 live/work shopkeeper units on the north side. The project includes 158 for-sale condominium units on both sides of East Palomar Street between View Park Way and Magdalena Avenue and includes units reserved for low-income households. The mixed-use project requires: · An Otay Ranch GDP Amendment · A Village Six SPA Plan Amendment to the Site Utilization Plan Map · A Zone Change to the Planned Community District Regulations, and · A revised Tentative Map for a 3.7-acre site currently zoned CPF Staff Recommendation: That the Planning Commission adopt Resolution PCM 04- 18 recommending that the City Council approve the resolution amending the Otay Ranch General Development Plan (GDP), Village Six Sectional Planning Area (SPA) Plan, Revised Tentative Map, and Zone Change Ordinance to allow for a mixed-use project in the Village Six Core. Commission Questions / Discussion. 6:16:11 PM Cmr. Bensoussan asked what is the minimum percentage requirement of affordable housing for this project, and requested clarification on the noticing requirement of a 500 foot vs. 1,000 foot radius, that were both mentioned in the staff report. Harold Phelps responded that they are expecting a minimum designation of 25% for affordable housing, however, those discussions are still on-going. 6:17:35 PM Rick Rosaler responded that as a courtesy the 1,000 foot radius was used for the noticing of the community meeting in order to solicit as much public input Planning Commission - 3 - September 14,2005 as possible; the 500 foot radius was used for the noticing of the public hearing, which is the legal requirement. 6:20:44 PM Cmr. Nordstrom inquired if the transportation terminus was strictly designated for buses or would it accommodate a future trolley line. 6:21 :02 PM Mr. Rosaler stated that the Bus Rapid Transit (BRT) will run along the Palomar St. median through Villages I, V &VI. There is a dedicated right-of-way for the BRT that goes across SR-125, through the Otay Ranch Town Center and south into the EUC. Eventually that line will run from the border to downtown San Diego. 6:22:28 PM Cmr. Tripp inquired what kind of street modifications were planned for East Palomar and would those modification be made concurrently as the project is implemented. Harold Phelps responded that the modifications are to widen East Palomar to accommodate diagonal parking and new signalization would be installed at View Park. 6:24:37 PM Public Hearing opened. Raney Hunter, representing the Otay Project, LLP stated they are excited about bringing for-sale affordable housing to the village core. She also indicated that she received favorable comments from people who attended the community workshop and expressed an interest in the live-work units that are being proposed. 6:27:17 PM Cmr Bensoussan's inquired why they had selected diagonal parking as opposed to parallel. Ms. Hunter responded that they have found that in mixed-use projects, diagonal parking is a much more efficient use of parking space because there is never enough. Additionally, it creates a synergy of activity, which is welcomed in the retail core, and serves as a means to slow down traffic. 6:30:54 PM Public Hearing closed. 6:31 :03 PM Commission Discussion: 6:31: 19 PM Cmr. Felber stated he was surprised this is the first project with affordable housing in the Village and asked for clarification on those requirements. 6:32:43 PM Ms. Hunter responded that they actually exceeded their affordable housing obligation in Village I, creating a credit, and in essence, pre-mitigated for Village 6. Planning Commission -4- September 14, 2005 6:35 :03 PM Cmr Nordstrom stated that this project not only provides the opportunity to individuals who would otherwise not be able to get into a single family residence, and coupled with its retail component and close proximity to a transportation hub is evidence of efficient planning. 6:36: 19 PM MSC (Hom/Felber) (6-0-1-0) that the Planning Commission adopt Resolution PCM 04-18 recommending that the City Council approve the resolution amending the Otay Ranch General Development Plan (GDP), Village Six Sectional Planning Area (SPA) Plan, Revised Tentative Map, and Zone Change Ordinance to allow for a mixed-use project in the Village Six Core. Motion carried. DIRECTOR'S REPORT: COMMISSION COMMENTS:6:40:51 PM Cmr. Felber stated that reading through the Planning Commissioner's Handbook was very informative, but it also brought to light many issues that have never been openly discussed. He recommended having a workshop to go over the handbook and get further clarification from staff on the role of the Commission on quasi-judicial vs. legislative matters. He also recommended that a notation be made on the agenda indicating whether the item is a quasi-judicial or legislative matter. 6:43:02 PM Nancy Lytle stated this would be an excellent topic for discussion and will schedule it at the first opportunity that arises when the agenda is light. 6:46:46 PM Cmr. Bensoussan inquired about the status of a future public workshop on the Draft GPU and/or Draft EIR. Ms. Lytle stated that it was her understanding that those public meetings have already been fulfilled, but would get further clarification from Ed Batchelder, General Plan Update Manager. 6:54:01 PM Meeting adjourned to September 28,2005. Diana Vargas, Secretary to the Planning Commission *The time stamp on this document is a link to locate when a discussion took place. PLANNING COMMISSION AGENDA STATEMENT Item: cJ- Meeting Date: 9/28/05 ITEM TITLE: PUBLIC HEARING: Consideration of application PCS 05-10; for the proposed conversion of the existing IS-unit apartment complex at 916 Fourth Avenue to 15 condominium units for individual ownership - Oak Fourth Development, LLC. Environmental Status: The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 (existing facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION: Adopt the attached Resolution PCS-05-10, recommending that the City Council approve the proposed Tentative Map in accordance with the findings and subject to the conditions contained in the Draft Council Resolution. DISCUSSION: Background: The Applicant, Oak Fourth Development, LLC., has submitted an application for a Tentative Subdivision Map (one-lot condominium map) to convert a IS-unit apartment complex to IS condominium units for individual ownership. The 1.08-acre project site is located at 916 Fourth Avenue (see Attachment A, Locator Map). The existing apartment complex was constructed in 1987 and consists of IS apartment units and common open space. Tentative and Final map approvals are required to create the one-lot IS-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 permit proposes exterior building upgrades for the proposed condominium conversion, including new stucco color coat and paint on all exterior surfaces of the buildings, replacing the roof and mailbox, installing a tot yard and play structure, repairing and replacing all driveways and walkways where needed, and refreshing the landscaping where needed. Project Site and Setting The site is a rectangular shaped, level, 1.08-acre lot with an existing apartment complex Page No.2, Item:_ Meeting Date: 9/28/05 located at 916 Fourth Avenue. The existing uses adjacent to the site are listed in the table below. Table I: Zoning and Land Use General Plan Zoning Existing Land Use Site Residential High R-3-P-14 Apartment Complex North Public!Quasi- Public R-I Existing Single Family Homes East Public/Quasi- R-I School Public Residential Low RI Existing Single Medium Family Homes Residential High R-3-P-14 Mobile Homes South West Project Description: The complex consists of fifteen 3-bedroom units, with twelve 3-bedroom units arranged into one 2-story building and three 3-bedroom units in a building with both a one- and 2- story component, and 36 surface parking spaces. The North Building has six lower level units between 1,145 to 1,148 SF, while the upper level has six units between 1,176 and 1,181 SF, all with 3 bedrooms and 2 baths. The West Building has two lower level units of 1,148 SF, while the upper level has one unit of 1,176 SF, all with 3 bedrooms and 2 baths. No significant exterior structural changes are proposed, however, exterior building upgrades proposed include new stucco color coat and paint on all exterior surfaces of the buildings, replacing the roof and mailbox, installing a tot yard and play structure, repairing and replacing all driveways and walkways where needed, and refreshing the landscaping where needed. Interior upgrades include new flooring throughout each unit, replacement of kitchen and bathroom cabinets, countertops, tub, showers, and toilets; new texture and paint on all walls and ceilings; interior doors and molding to be replaced as needed; and all fixtures and appliances to be replaced. The community hot water heating capacity will be upgraded and the community laundry facility will have new washers and dryers installed. The required storage space is provided in outdoor storage closets in the backyard patio of lower level units and the balcony of upper level units. Page No.3, Item:_ Meeting Date: 9/28/05 The units are already served by separate electric meters, while gas, water, and sewer will be the responsibility of the Homeowners Association. Table 2: Project Data Assessor's Parcel Number: Current Zoning: Land Use Designation: Lot Area: 618-072-21 R-3-P-14 Residential High 1.08 acres REQUIRED: Parking: 30 Spaces total, including 2.0 spaces per 2 or more bedrooms. PROVIDED: 34 Open stalls 2 Handicapped spaces 36 Total Spaces 23 % Lot Coverage: 50 % Setbacks: Front: IS ft. Exterior Side Yard: 10ft. One Interior Side Yard: 5 ft. Both Interior Side Yards: 10ft. Rear: IS ft. 31 ft. Not applicable Not applicable 10 ft. Rear: 31 ft. Storage: 250 cu. ft. / 3-bedroom unit Common Open Space: 7,200 SF (480 SF/ 3-BR unit x 15 units) Building Height: 28 feet or 2.5 stories 256 cu. ft. 16,576 SF (excess of9,376 SF) 26 feet 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 "Form A", the "60-Day Notice to All Existing Tenants of Intent to convert"; and "Form B", the "Notice to all Prospective Tenants of Intent to Convert". Table 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 Form A was sent in June of2004, and will be given notice of having the first option to purchase a unit. Sample notices provided by the Applicant are attached (see Attachment E, Noticing Documentation). NOTICE REQUIREMENT 60-day notice to all existing tenants of intent to convert - "Form A"* Notice to all prospective tenants of intent to convert - "Form B"* 1O-day notice to all eXistmg tenants of an application of a Public Report - "Form C" 1O-day Notice to all existing tenants of Final Map approval - "Form D" 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" l80-day notice to all existing tenants of intent to convertltennination of tenancy - "Form G" HomebuverlRelocation Assistance: Table 3: Noticing Documentation HOW LONG & WHEN 60 days prior to filing a Design Review and Tentative Map application with the Cit Prior to acceptance of any rent or deposit from the prospective tenant 10 days before or after submittal of the Public Report to the Department of Real Estate Within 10 days of approval of the Final Map by the City Prior to acceptance of any rent or deposit from the ros ective tenant For a period of 90 days after issuance of the Public Report from the Department of Real Estate 180 days prior to tennination of tenancy Page No.4, Item: _ Meeting Date: 9/28/05 COMPLIANCE 60-day notices were sent certified mail to existing tenants during June 2004. Applicant has submitted a current tenant list with copies of signed fonns for all new tenants To be detenninedl Typically following Final Map approval To be detenninedl Typically following Final Ma a roval To be detennined prior to approval of Final Map To be detennined prior to approval of Final Map To be detennined prior to approval of Final Map The applicant will assist with the relocation of those tenants who prefer not to purchase their units by being provided relocation information through a meeting with the City's Housing office, by providing monetary compensation equivalent to two months rent at the existing project upon date of moving out, their full security deposit back, and a referral list of affordable housing that is generated by the Community Development Department. For tenants who wish to purchase their units, the applicant has offered them a $7,500 discount off the top dollar price of a comparable unit, whether it is a downstairs or upstairs unit. Those wishing to purchase a downstairs unit would receive a discount based on the highest price of a downstairs unit, while those wishing to purchase an upstairs unit would receive a discount based on the highest price of an upstairs unit. The tenant has the option of accepting this price reduction in the form of a buyer's credit or as a discount on the final sales price. Tenants are also being provided further home buying assistance with information on Community Housing Works, a non-profit organization that assists first-time homebuyers by providing access to special loan and grant programs Page No.5, Item: _ Meeting Date: 9/28/05 available through state and local government, and assistance with budgeting and credit repair. (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 assistance program has been satisfied prior to approval of the final map. 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 4 below lists the existing services utilities within the project and what is proposed under the Tentative Map. Table 4: Utilities UTILITY Air conditioning Heating EXISTING CONDITION Not provided. Electric wall heaters in living PROPOSED CONDITION No change proposed. New electric wall heaters to be installed in each unit. HOA room. Water heaters Single common gas water heater. Gas Common gas meter for single common gas water heater. Electric meter Individual meters - central wiring system. Water HOA Sewer HOA *Cable Individual unit. *Telephone Individual unit. *Not covered in the HOA HOA No change proposed. HOA HOA No change proposed. No change proposed. The maintenance and monthly payment of the utilities would be addressed in the project's CC&Rs. The applicant is proposing replacement of the wall heating units, and replacement of the common gas-heated hot water tank with individual 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, and that gutters and downspouts be provided on all buildings to prevent water stains and mildew on exterior walls. Municipal Code Requirements: A condominium conversion project must satisfy certain City requirements including current zoning, which is R-3-P-14, the Chula Vista Design Manual, and the Chula Vista Page No.6, Item: _ Meeting Date: 9/28/05 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 480 square feet of common usable open space per 3- bedroom unit; therefore, the project must provide a minimum of 7,200 square feet of open space. This project provides 16,576 SF of open space. The existing open space includes balconies on 7 upper level units, fenced backyards on 9 lower level units, a 4,316 SF common open space area proposed to have a tot lot and play structure, and approximately 4,335 SF oflandscaped area. 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 Uniform Building Code standards before occupancy. A. Fire Protection: An on-site fire hydrant is located adjacent to the parking lot and buildings. The project must provide upgraded fire extinguishers and smoke alarms. The project is also conditioned to comply with current fire protection requirements. B. Uniform Building Code: The Building Department reviewed the "Property Condition Assessment Report" prepared by the National Assessment Corporation, 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 Attachment C of the attached Draft City Council Resolution of Approval. Storage: Section 15.56.020 requires adequate storage area for each unit. Three bedrooms require 250 cu. ft. of storage, which is satisfied by this project. Upper level units have storage units containing 256 cu. ft. adjacent from the balcony, while lower level units have storage units containing 256 cu. ft. adjacent to their patios in the backyard. C. Housing Code: The Project is required to conform to Uniform Housing Code requirements in existence at the time of the approval of the Subdivision Map. The project has completed a housing inspection and is required by condition of approval to correct any deficiencies prior to Final Map approval. D. Protective Lighting Standards: Lighting information has been conditioned to submitted as part of the building permit application. Page No.7, Item: _ Meeting Date: 9/28/05 E. Off-street parking: CVMC 19.62.050 Regulations requires 2 parking spaces for each two-bedroom or larger sized apartment. The project includes IS - 3 bedroom units, requiring 30 off street parking spaces. The Project provides 36 off-street parking spaces for resident use, including 34 open stalls, and 2 handicapped spaces F. 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, including new stucco color coat and paint on all exterior surfaces of the buildings, replacing the roof and mailbox, installing a tot yard and play structure, repairing and replacing all driveways and walkways where needed, and refreshing the landscaping where needed. A detailed Landscape Plan prepared per the requirements of the City's Landscape Manual shall be submitted for review and approval prior to or at the time of submittal of building permits. G. Separate Service Meters: Each unit has individual electric meters. A Homeowners Association will be responsible for the gas, water, and sewer service utility meters. The Applicant shall provide CC&Rs prior to final map approval showing how this will be satisfied. H. 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. 1. 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. Staff has included the report recommendations as conditions of approval in Attachment C of the draft City Council Resolution. J. 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 05-10 recommending that the City Council approve the proposed Tentative Map PCS 05-10. Page No.8, Item:_ Meeting Date: 9/28/05 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. Attachments: A. Locator Map B. Planning Commission Resolution C. Draft City Council Resolution D. Half-size Sheets: I. Tentative Map 2. Site Plan 3. Floor Plan 4. Landscape Concept Plan E. Noticing Documentation F. Homebuyer & Renter Assistance Program G. Property Condition Assessment Report - Executive Summary H. Disclosure Statement J:\Planning\Case Files\-05 (FY 04-05)\PCS\PCS-05-10 - 916 Fourth\StaffReports\PC\PCS-05-IO]C AGENDA ST A TEMENT9-20.doc \/~D ~/~~ ~.....--S\ ~ '/-.......--- ~~... ~ \ \ \ \\ Chula Vista High School PROJECT ~ ~ lOCATION A ffA-(HMcAJT J3 RESOLUTION NO. PCS-05-10 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE A TENTATIVE MAP TO DIVIDE INTEREST IN 1.08 ACRES AT 916 FOURTH AVENUE FOR A ONE- LOT CONDOMINIUM CONTAINING IS RESIDENTIAL UNITS (OAK FOURTH DEVELOPMENT, LLC). WHEREAS, on September 1, 2004, a duly verified application was filed with the City of Chula Vista Planning and Building Department by the Oak Fourth Development, LLC ("Applicant"), requesting approval of a Tentative Subdivision Map to convert 15 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 1.08 acre lot located at 916 Fourth Avenue ("Project Site"); and WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project qualifies for a Class 1 (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus no further environmental review or documentation is necessary. WHEREAS, the Planning Commission having received certain evidence on September 28, 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-05-1 0 herein, and recommended that the City Council approve the Project based on certain terms and conditions; and, WHEREAS, the Planning and Building Director set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., October 18,2005, 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. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 28th day of September, 2005, by the following vote, to-wit: AYES: NOES: ABSENT: Chairperson ATTEST: Diana Vargas, Secretary AT1AcIfM~J.)T C-- DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO DIVIDE INTEREST IN 1.08 ACRES AT 916 FOURTH AVENUE FOR A ONE-LOT CONDOMINIUM CONTAINING 15 RESIDENTIAL UNITS - OAK FOURTH DEVELOPMENT, LLC. I. RECITALS A. Project; Application for Discretionary Approval WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on September 1, 2004, with the City of Chula Vista Planning and Building Department by the Oak Fourth Development, LLC ("Applicant") requesting approval of a Tentative Subdivision Map to convert 15 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. 05-10, Tentative Subdivision Map, and for the purpose of general description herein consists of 1.08 acres located at 916 Fourth Avenue ("Project Site"); and C. Prior Discretionary Approval and Recommendations WHEREAS, the development of the Project Site has received the following discretionary approvals and recommendations: I) Planning Commission recommendation of approval of PCS-05-10, Tentative Subdivision Map for a IS-unit condominium conversion on September 28, 2005; 2) Design Review approval DRC OS-IS of a IS-unit condominium conversion, approved by the Zoning Administrator on ~ ~ _; and D. Planning Commission Record of Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on September 28, 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 916 Fourth Avenue, at least 10 days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on October 18, 2005, in the Council Chambers, 276 Resolution No. 2005- 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 September 28,2005, 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 916 Fourth Avenue, 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 High, and was previously developed at a density of 13.8 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 off-site 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 15 2 Resolution No. 2005- apartment units to 15 condominium units creates additional opportunities for residential ownership. 4. Open Space The Project includes adequate, existing on-site open space areas in the form of private open space for each unit as well as landscaped common open space areas with a tot lot for residents' use. 5. Safety The City Engineer, Fire and Police Departments have reviewed the proposed subdivision of existing apartments to condominiums for conformance with City safety policies and have determined that the proposal meets the City Standards for seismic safety and emergency services. B. The configuration, orientation and topography of the site allow for a feasible setting for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. C. The site is physically suited for residential development and the proposal conforms to all standards established by the City for such 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 December 12, 2004, prepared by National Assessment Corporation, 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. All units in the complex contain three bedrooms, which each require 250 cubic feet of storage area. The project provides 256 cubic feet of storage space for each unit, which is slightly more than the requirement. 3 Resolution No. 2005- The project currently provides storage space for ground floor units in an existing storage closet adjacent to the patio in the private backyard of each unit, while each upstairs unit has a storage closet adjacent to its private balcony; no changes are proposed to this arrangement. D. Housing Code: The Project will be required to comply with housing inspection requirements. E. Protective Lighting Standards: Lighting for the facility shown on the site plan shall be in conformance with Section 17.28.030 and 17.28.040 of the Municipal Code. The Project is required to provide lighting information at the time of submittal of building permits. F. Off-street parking: Section 19.62.050(13) requires two parking spaces for each three- bedroom unit for a total parking requirement of 30 spaces for this project. The Project provides 36 off-street parking spaces for resident and guest use, including two handicapped parking stalls and 34 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, including new stucco color coat and paint on all exterior surfaces of the buildings, replacing the roof and mailbox, installing a tot yard and play structure, repairing and replacing all driveways and walkways where needed, and refreshing the landscaping where needed. 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 electric service. A Homeowners Association will be responsible for the water and gas 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. 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 480 square feet of common usable open space per unit; therefore, the project must provide a minimum of 7,200 square feet of open space. The project provides a total of 16,576 SF of open space. VII. COMPLIANCE WITH GOVERNMENT CODE SECTIONS 66451.3 AND 66452.5 Noticing Documentation Government Code Sections 66451.3 and 66452.5 requires notification of a tenant's right to a public hearing. The City of Chula Vista provided notices to tenants and surrounding property owners of all required public hearing for the Project, and the Applicant has satisfied the following noticing requirements at the time of submittal of the Tentative Map, which includes a 60-day "Notice ofIntent to Convert", and a "Notice to Prospective Tenants ofIntent to Convert". 4 Resolution No. 2005- BE IT FURTHER RESOLVED that the City Council does hereby approve Tentative Subdivision Map, Chula Vista Tract No. 05-10 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. 05-10, 916 Fourth Avenue. B. Design Consistency The Applicant shall develop the condominium units in accordance with all applicable City of Chula Vista Design Guidelines and complying with any conditions required by the Zoning Administrator associated with DRC OS-IS. 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: GENERAL / PLANNING AND BUILDING 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Applicant as to any or all of the property. 2. Applicant and his/her successors in interest shall comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Subdivision Map and as recommended for approval by the Planning Commission on September 28, 2005, and DRC 05-15, 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 of Chula Vista Planning and Community Development divisions to schedule a meeting with the current tenants to present alternative rental housing opportunities and assistance in relocation in conjunction with the presentation of the schedule for the phasing of the conversion of the apartments to condominiums. 5 Resolution No. 2005- 4. The Applicant shall comply with all applicable notlcmg requirements set forth in Government Code Section 66427.1. Applicant shall submit evidence to the Director of Planning and Building that the following City of Chula Vista noticing forms have been delivered to the existing and prospective tenants per Section 66427.1 of the Subdivision Act or a schedule detailing required future notifications: a. 10-day notice to all existing tenants of an application of a Public Report - "Form C" (If submitted to State Department of Real Estate prior to Final Map approval). b. lO-day Notice to all existing tenants of Final Map approval- "Form D". c. Notice to all prospective tenants of option to purchase/termination of tenancy - "Form E. d. 90-day Notice to all existing tenants of option to purchase/termination of tenancy "Form F". e. 180-day notice to all existing tenants of intent to convert/termination of tenancy - "Form G". 5. Submit plans and information to the satisfaction of the Fire Marshall that proposed condominium units meet current California Fire Code, including but not limited to fire access, water supply, sprinkler systems, and fire alarms. 6. All existing utilities serving the subject property and existing utilities located within or adjacent to and serving the subject property shall be placed underground in accordance with Section 15.32 of the Chula Vista Municipal Code. Furthermore, all new utilities serving the subject property shall be placed underground prior to the issuance of building permits. 7. Any and all agreements that the Applicant is required to enter into hereunder shall be in a form approved by the City Attorney. 8. Applicant shall comply with the requirements of the City's 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. 9. Prior to or at the time of submittal of building permits, Applicant shall submit for review and approval of the City's Landscape Planner an exterior lighting plan that includes detailed information on the proposed fixtures, which shall be commercial grade quality. The lighting plan shall include details showing that the proposed lighting shall be shielded to remove any glare to adjacent properties. 6 Resolution No. 2005- 10. Prior to or at the time of submittal of building permits, Applicant shall submit for review and approval of the City's Landscape Planner a detailed Planting and Irrigation Plan prepared per the requirements of City of Chula Vista's Landscape Manual. The seating and play structure in the tot lot area shall be commercial grade quality. 11. Applicant shall obtain the services of a registered acoustical engineer to conduct sound transmission tests between adjacent units to ensure adequate noise buffering between shared walls, floors, and ceilings such that residents of the proposed units will not inadvertently violate Sections 17.24.040 and 17.24.050 of the Chula Vista Municipal Code. Testing results and any improvements needed for adequate noise buffering purposes shall be included on the plans submitted for building permits. DRAINAGE/NPDES 12. All onsite drainage facilities shall be private. 13. Applicant shall submit and obtain approval of a Water Quality Study and Technical Report including NPDES best management practices ("BMPs") to prevent discharge of pollutants from the project site entering the city's storm water conveyance system, to the satisfaction of the City Engineer. Any proposed changes that impact landscaped or open space areas must be reviewed and approved by the City's Landscape Planner. 14. Intercept runoff from the project site and pre-treat said runoff prior to discharge to the city's storm water conveyance system. Identify proposed best management practices ("BMPs") to be used to treat storm water runoff from the site as part of the project's Water Quality Study and Technical Report. Said BMP facilities shall be inspected and approved by the City's Stormwater Inspector prior to final map approval. 15. Fully implement NPDES best management practices ("BMPs") contained in the Water Quality Study and Technical Report. 16. 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. 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. 7 Resolution No. 2005- ll. 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 USIng efficient irrigation systems and landscape design; more specifically: 1. Employ rain shutoff devices to prevent irrigation after precipitation. ll. 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 of Chula Vista) to new home buyers and dedicating sections of newsletters to storm water quality issues, as applicable. SEWER 17. The onsite sewer system shall be private. All sewer laterals shall be privately maintained from each building and/or condominium unit to the City maintained public sewer main within Fourth Avenue. STREETS 18. The driveway within the development shall be private. 19. Remove and replace the existing driveway 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-IA for driveways. Driveway replacement shall be guaranteed prior to recordation of the final map. 8 Resolution No. 2005- 20. Remove and replace existing driveway entrance that is damaged and remove and replace curb, gutter, and sidewalk damaged by tree roots. Private trees shall be root pruned. 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. 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, recreational amenities and structures, landscaping, trees, streets, parking lots, driveways, and private sewage and storm drain systems. b. Language stating that the landscaping shall be maintained by the HOA in a healthy and thriving condition at all times. 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 an education and enforcement program to prevent the discharge of pollutants from all on-site sources into the storm water conveyance system. 9 Resolution No. 2005- 1. The HOA shall maintain, in perpetuity, membership in an advance notice service/system such as the USA Dig Alert Service and shall cause any private facilities of the property owners or HOA to be marked out whenever work is performed in the area. 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, which shall be subject to the approval of the City Engineer and the Director of Public Works. 1. Trash and Recycling program requirements shall be incorporated into the project CC&Rs to the satisfaction of the City's Conservation Coordinator. m. Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and shall be recorded concurrently with the final map. n. Fire service lateral and water supply to buildings, including the on-site fire hydrant, must be maintained and operational at all times to the satisfaction of the Fire Marshall. 22. Submit a Homeowners Association budget for review and approval by the City Engineer for the maintenance of private streets and drives, storm drains, sewage systems, electrical system, plumbing, and roof. More specifically, said budget shall include the following provisions and maintenance activities: a. Streets must be sealed every 7 years and overlaid every 20 years b. Sewers must be cleaned once a year with the contingency for emergencies c. Red curbs/striping must be painted once every three years. d. The Homeowners Association shall be responsible for service utilities including water, gas, and sewer, and the billing and payment of these 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. f. Establishment of a capital fund that will adequately cover the expected costs associated with repairing or replacing the Project/complex's electrical system, plumbing system, and roof. 10 Resolution No. 2005- 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 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 916 Fourth Avenue Tentative Map Deposit account # DQ1119 and Project account CA305. 25. Applicant shall enter into an agreement wherein the Applicant agrees to: a. Defend, indemnify and hold harmless the City and its agents, officers, and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. b. Hold the City harmless from any liability for erosion, siltation or increased flow of drainage resulting from this project and spillage of sewage generated by the project onto adjacent public or private streets or into offsite storm water conveyance systems. c. Maintain storm water quality treatment measures in accordance with an approved maintenance and inspection plan. d. Implement and sustain in perpetuity, a source control storm water quality management program as outlined in the Water Quality Technical Report. Signature of Property Owner Date Signature of Representative Date MISCELLANEOUS 26. 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 No. 2005- operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. 27. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83). 28. Submit copies of the Final Map in a digital format such as (DXF) graphic file prior to approval of the Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate prior to the approval of the Final Map. 29. 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. For any condominium unit in a structure containing multiple condominium units, correct California Health and Safety Code and Uniform Housing Code violations specified in Attachment C and any other violations identified by the Housing Inspection, to the satisfaction of the Director of Planning and Building. 2. For any condominium unit in a structure containing multiple condominium units, install the interior upgrades and improvements specified in Attachment C to the satisfaction of the Director of Planning and Building. 3. Prior to issuance of building permits, provide information on new hot water heating facilities to meet the approval of the City Building official with regard to capacity, size, and location. 4. For any condominium unit in a structure containing multiple condominium units, the Project's exterior upgrades for that structure shall be constructed in accordance with the approved DRC-05-15 design review permit. 5. For any condominium unit in a 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. 6. All lighting shall meet the protective current lighting standards of the current Uniform Building Code. 7. So as to ensure compliance with Section 1724-040 and 1724-050 of the Chula Vista Municipal Code, Applicant shall show that walls and ceilings meeting the current Uniform Building Code standards regarding fire and sound attenuation have been installed between airspaces of the condominium units, to the satisfaction of the City Building Official and Director of Planning and Building. If said walls and ceiling do not meet said standards, then the walls and ceiling shall be modified to conform to the Uniform Building Code. 12 Resolution No. 2005- 8. Submit evidence satisfactory to the Director of Planning and Building that the Applicant has complied with the approved homebuyer assistance program requirements for existing residents who choose to purchase their condominium units and for renters who choose to relocate. X. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. XI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: Jim Sandoval Director of Planning & Building Ann Moore City Attorney J:\Planning\Case Files\-05 (FY 04-05)\PCS\PCS-05-1 0 - 916 Fourth\Resolutions\PCS_ 05-10_ CC _ RES09-20.doc 13 .~ ',~- ~-~/ // Exh/'bir /l Chula Vista High School '\ \/~>\~_/ ...............- //-1/\/ \ ____-i-------- _y~\ \ \\, t \ \ I \ \ I_' ~~' I I, \.~..../.'\. \ \ I \./~/ //\ , ' Miguel Q( ,\ \. \\ sat\ ,II\'. \ \ \ 'I \ I, ~/~\ \ \ \ \.~ \ \ I ~ \ 'y-/-( \. ' ~', \ ~ j;\-~i~~\ \. '~. \' I ,,'~.\\, 1:\ \ ~~. \ I /'~/,\ //< ~\ \,\ '. .....1/----- '" \~------------.....--'\,' \\ \, \ ' \ :>........,....., ' _r-\.../........., \ I I~/ ..., k~~~..\~..\~\--\, '\ . L~~>/ ~;~~I, \,~\~'\ ',I. ..., ~ ~\ \ ". \ \ \ \~ ~ \ ,\ \,. \ Iv I I \ , \~- I I \ ,j.....-/ - , ~-//\ \. ................ 1\ \ I I , ~.. /// , ~< '1/ \ ~/\ ,.............'-. \ .......... Y\ \....J ,/ c.~.. ./~ J "-../'..)./ ..............'::.~ // ~// =\ 0, ~~, dj ~, ~?\ Ii\. .........-I 'I~ PROJECT ~ ~ LOCATION \. , \ , I \ Rice Elementarv School I I I e I / \ \ \ / V / / I , ~\ \ \--------\ .. \. I ' ~ \, \ \ /'~\. l ~~...y--~ -' \~ ~-~.. \,-~(=-\I . \~ /..~.\ . \ ............ \. ' ,...... \ \ \ ' .....-\ \ \'....y..-- \. ,~\. \ \ \ \ -------~\ .............. ....... / I ~/' '.. .......... <~U.> ~...............~/ \, ~~-- --- ~/--\: ~ ~\ \. \ ....-- \ 'I I . \---- \ ,\ \ \..//' .J-~ \, \..............\ \ '. ......./ '~I ~~//...... \. \..........~..... ~ ,~""""" ...............'$:'....;, ~\ <'<:" I \ .....J " 1$.) I 'r '~\ \~\\/// .~ CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: Oak Fourth Development, LLC SUBDIVISION PROJECT 916 Fourth Avenue Request: Proposal to convert 15 apartment units into condominiums. ADDRESS: SCALE: FILE NUMBER: NORTH No Scale PCS-05-10 Related cases: DRC-05-15 J:\planning\carlos\locators\pcs051 O..cdr 09.15.04 EXTERIOR AND INTERIOR IMPROVEMENT, REPAIRS, AND UPGRADES FOR CONDOMINIUM CONVERSION AT 916 FOURTH AVENUE PCS-05-10 AND DRC-05-15 The following requirements have been derived from the project's Physical Elements Report, the Housing Inspection, information provided by the Applicant, and Staff reviews of submittal materials. Note that the following may require Design Review or building permit approval: A. Property Condition Assessment Report - Repairs required prior to Final Map Approval: 1. Previously required repairs from the Housing Inspection have been complied with; no repairs required at this time. B. Physical Elements Report - Immediate Repair or Replacement items, which are improvements required prior to Final Inspection or Occupancy of applicable Condominium Units, whichever occurs first, unless stated otherwise: 1. Replace damaged wood fencing on site perimeter and in backyards. 2. Apply new stucco color coat and paint on all exterior surfaces. 3. Install new hot water heating facilities meeting the approval of the City Engineer with regard to capacity, size, and location. 4. Replace gates at the solid waste dumpster enclosure in conjunction with reconstruction of the existing trash enclosure as shown on the Landscape Concept Plan. 5. Repair trip hazards on all sidewalks within the project and on the public sidewalks along the project's frontage; install new wood borders or another suitable replacement. 6. Replace all driveways/sidewalks as needed. 7. Inspect/replace fire extinguishers. 8. Replace utility entry door. 9. Abatement of water stains and mildew on interior and exterior surfaces and restoration of finishes. 10. Install gutters and downspouts on all buildings. II. Replace the polybutelene piping in drinking water supply plumbing. C. Other exterior improvements to the project or interior upgrades to all units shall include the following: 1. Replace roof. 2. Replace mailbox. 3. Install landscaping and construct trash enclosure per the Landscape Design Plan; Reset the sprinkler heads for proper spraying of irrigation water to avoid staining exterior walls, if needed. 4. Install new tot yard and play equipment. 5. Replace electric wall heaters in each unit. 6. Install new flooring throughout the units, including ceramic tile in the kitchen and bathroom areas, and carpet in living areas. EXHIBIT C 7. Replace kitchen and bathroom cabinets, countertops, sinks, faucets, showerheads, and light fixtures. 8. Replace tubs, showers, and toilets. 9. Apply new texture and re-paint all walls and ceilings. 10. Replace interior doors and molding as needed. 11. Replace all kitchen appliances (stove, refrigerator, garbage disposal.) 12. Replace common laundry room washers and dryers. EXHIBIT C I. . . · Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mail piece or on the front if space permits. ' 1. Article Addressed to: . Gttfjel Gtar ~iV1 . ~llp fiu({l, .f\vt;Prrt. ~ ChAIIiI Vi.mt, cPr 'H'111 2. Article Number (rranSter from.5ervtce label). PS Form 3811, February 2004 .4 TT/TC-H r11t:.:.{} T I::::.. COMPLETE THIS SECTION ON DELIVERY A. Signature xS D Agent D Addressee C. Date of Delivery D. Is delivel)' address different from item 11 D Yes If YES, enter delivery address below: D No 3. Service Type szr Certified Mai'l D Express Mail D Registered L1 Return Receipt for Merchandise D Insured Mail D C.O.D. 4. Restricted Delivery? (Extra Fee) 7003 1010 0003 2422 9378 Dyes Domestic Return Receipt SENDER: COMPLETE THIS SECTION . Complete Items 1,2, and 3. Also complete-c, item 4 if Restricted Delivery is desired. . Print yo.ur name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Richard Jimenez 916 Fourth Ave Apt 0 Chula Vista CA 91911 2. Artlcle;Number (rransfer from seMee label) PS Form 3811, February 2004 102595-02.M-1540 COMPLETE THIS SECTION ON DELIVERY te of Delivery D. Is delivel)' address different from Item 17 D Yes If YES, enter delivery address below: D No .,. 3. Service Type ~ Certified M;il1 D Registered. D Insured Mall D Express Mail )2I'Return Receipt for Merchandise .DC.O.D. 4. Restricted Delivery? (Extra Fee) DYes 7003 1010 0003 2422 9361 102595-Q2-M-1540 t Domestic Return Receipt SENDER: COMPLETE THIS SECTION . . . Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or 0'; the front if space permits. 1. Article Addressed to: Gabriel Herrera 916 Fourth Ave Apt C Chula Vista CA 91911 2. Article Number (rransfer from servIce label) x D Agent D Addressee C. Date of Delivery B. Received by ( Printed Name) D. Is delivel)' address different from item 11 Dyes If YES, enter delivery address below: D No 3. Service Type ~ Certified Mail tJ Registered D Insured Mail D Express Man ~Return Receipt for Merchandise D C.O.D. 4. Restricted Delivery? (Extra Fee) Dyes 7003 1010 0003 2422 9354 10259s-i12-M-1540 Domestic Return ReceiDt SENDER: COMPLETE TH CTION . Complete items 1, 2, and 3_ Also complete Item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: x ' . D Agent Addressee C. Date of Delivery B. Received by ( Printed Name) D. Is delivery address different from item 1? DYes If YES, enter delivery address below: D No Paul Villavicencia 9 16 Fourth Ave. Apt L Chula Vista CA 91911 3. Service Type ;I!f Certified Mall D Registered D Insured Mail D Express Mail )2I"Retum Receipt for Merchandise .DC.O.D. 4. Restricted Delivery? (Extra Fee) Dyes 2. ArticlecNumber {Transfer ffom serYIce/abel} PS Form 3811, Febroary2004 7003 1010 0003 2422 9491 Domestic Retum Receipt 102595-02-M-I540 i ----------- . Complete Items 1. 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the rnailpiece, or on the frolitif space permits. 1. Article Addressed to: D Agent D Addressee C.Date of Delivery D. Is delivery address different from item 17 DYes If YES, enter delivery address below: D No Cindy Santamaria 916 Fourth Ave. Apt I Chula Vista CA 91911 3. Service Type ;t! Certified Mall D Registered D Insured .Mail D Express Mail ~ Return Receipt for Merchandise DC.O.D. 4. Restricted Delivery? (Extra Fee) Dyes 2. Article Number (Transfer ffom senilce label) PS Form 3811, February 2004 7003 1010 0003 2422 9088 Domestic Return Receipt 102595-02-M-1540 ._ ::.:--__,~l.____~._. _.._.~~.-~--~ SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY . , . Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. . Print your. name and address on the reverse SO that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? DYes If YES, enter delivery address below: D No DAgent D Addressee C~ Date of Delivery Wallace Rosser 916 Fourth Ave. Apt. H Chula Vista CA 91911 3. Service Type J21" Certified Mall D Registered D Insured Mail D Express Mall pRetum Receipt for Merchandise DC.a.D. 4. Restricted Delivery? (Extra Fee) DYes 2. Article Number (Transfer ffom service labe PS Form 3811, February 2004 7003 1010 0003 2422 9408 Domestic Return Receipt 102595-02-M-I540 : ~ . .. SENDER: COMPLETE THIS SECTION · Complete~, and 3. Also Complete Item 4 if Restricted Delivery is desired. .. Print yc>ur name and address on the reverse so that we can return the carel to you. . Attach this carel to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: COMPLETE THIS SECTION ON DELIVERY D. Is delivery address different from item 1'] DYes If YES, enter delivery address below: D No Joaquin Rodriquez 916 Fourth Ave. Apt A Chula Vista CA 91911 3. SelviceType ~ Certified Man D Registered D Insured Mail D Express Mail ~eturn Receiptfo(Merchandise. .tJ C.O.D. 4. Restricted Delivery? (Extra Fee) Dyes 2. Ai1lcle~Number .(Transfer from setV/6c 7003 1010 0003 2422 9347 .... PS Form 3~ 11. . FebrulirY ,2004 Domestic Return Receipt 102595-02-M-1540 . i ,--~ ..- -._- -- -- ,. ,.. SENDER: COMPLETE THIS SECTION · Complete.ltems 1, 2,and 3, Also complete Item 4 if Restricted Delivery is desired. · Print YPVJ...name and address on the reverse so that we can retumthe carel to 'you. · Attach this carel to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 11 DYes If YES, enter delivery address betow: D No ~ Elena Ruffin 916 Fourth Ave Apt N Chula Vista CA 91911 3. Service Type \ PCertlfied Maild"ExpressMall D Registered p-Retum Receipt fOr Merchandise D Insured Mail D C.O.D. 4. Restricted Delivery? (Extra F~) D Yes 2. Article Number (Transfer from.serviCe liJbeI) . PS Form 3811, February 2004 7003 1010 0003 2422 9514 Domestic Return Receipt 102595-o2-M-1540 . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. D. Is de!ivel)' address different from item 1? If YES, enter delivery address below: 1. Article Addressed to: Patricia Chalmers 916 Fourth Ave Apt. J Chula Vista CA 91911 3. Service Type z1 Certified Mail D Express Mail D Registered ~ Return Receipt for Merchandise D Insured Mail D C.O.D. 4. Restricted Deliver/? (Extra Fee) 0 Yes 2. Article Number (rransfer from service label) PS Form 3811. February 2004 7003 1010 0003 2422 9477 Domestic Return Receipt 102595-02-M-1540 . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece:.... or on the front if space permits. 1. Article Addressed to: Tracy Young-Holden 916 Fourth Ave. Apt. K Chula Vista CA 91911 3. Service Type ~ed Mail D Registered D Insured Mail ~ D Express Mail ~ Return Receipt for MerchandJse DC.O.D. . 4. Restricted Delivery? (Extra Fee) Dyes 2. Article Number (r1"81!:$fer'from servl~/~ .' . . . .it : ~ I. !~PS Fomi3811. February 2004 ..,. ~-.... "-- 7ag3 1010 OOO~ 2422 9484 DOmestic Return Receipt '*"-.. 1 02595-02-M-1540 .. . COMPLETE THIS SECTION ON DELIVERY ~ . · ~mp~e items 1,2, and 3. . Also complete item 4 if Restricted Delivery is desired · Print your name and address on the n;;verse so that we can return the card to you.. · Attach this card to the back of the mail piece or on the front if space permits. '. 1. Article Addressed to: A Signature x D Agent D Addressee C. Date of Delivery B. Received by (Printed Name) D. Is dellvel)' address different from item 1? D Yes If YES, enter delivel)' address below: D No Juan Romero 916 Fourth Ave. Apt. M Chula Vista CA 91911 3. Service Type j7Certified Mail D Express Mail o Registered ,,5 Return Receipt for Merchandise D Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) D Yes " 12/01/2004 WED 12:39 F.~ 619 5~6 6164 STERLING LAND SERVICES 1410021002 . : -'. - 0.__'0;... ., . .----..---: '1 I,..,. ........ . .. . . . . . . .. . . ~ .. . . . . .. . .. . . . . . . . . .. .... . : . . . . . ~ . . . . . . . . . . . . . . . . . . . ~ . . . . . .. .. .. . .. . . . ... . .. . . ~ .. .. .. . . . .. . . . . . . . . ... . . , i ;. L .~~~~.~~~!~~f!!~.. ~'?~?~)r~~mPRQy.~~~!9~..F.?r~. A..th~.9~ .q?y' 119!i,Q? ~.2!~~e:~. t9. f1:1~ .~y.\!!~-/~.aJ:1~g~~...,.......... 'I i. . . _ . . ." . ., . . .. , . .. ". . . ~. .. . . .. . . . .. . . . .. . . . . ... . ~. .. . . . . . , , . . . , , , . . . . , .. , , ~. . . . , . . . . .,., . . ., . . .. .. . . .:. . . ., , . . . .. . . , . . . . . . '" . . : : : : 1 ~ . . . . . . . . . . . . . . . . . . . ~ .. .. .. .. ~ .. II. .. .. .. .. . 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Oaks Fourth Development 14593 Rancho Jamul Drive Jamul, CA 91953 September 21,2005 Danielle Putnam, Contract Planner City of Chula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 RE: Relocation and Buyer Assistance Program for 916 Fourth Avenue Condominium Conversion Project Dear Ms. Putnam, Oaks Fourth Development will help relocate the tenants who choose not to purchase their units. We will give tenants who choose to not purchase their units monetary compensation upon their move-out date that equals two months rent for the unit they currently occupy at 916 Fourth Avenue, plus their full security deposit back. We will also help them by providing relocation information through a meeting with the City's Housing office and also provide them with a referral list of affordable housing that we will ask the City's Community Development Department to compile for us. For our tenants that want to purchase their units, we will offer them a $7,500 discount off the top dollar price of a comparable unit, whether it is a downstairs or upstairs unit. Those wishing to purchase a downstairs unit will receive a discount based on the highest price of a downstairs unit, while those wishing to purchase an upstairs unit will receive a discount based on the highest price of an upstairs unit. The tenant has the option to accept this price reduction in the form of a buyer's credit or as a discount on the final sales price. Tenants are also being provided further home buying assistance with information 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. Sincerely, Wesley M. Allen, Co-Owner Oaks Fourth Development ATTACHMENT F ..4 TT /f c.../-f M EN r G NAC EXECUTIVE SUMMARY A property condition assessment was performed by National Assessment Corporation (NAC) on the 916 Fourth Avenue Apartments property located at 916 Fourth Avenue in Chula Vista, California (Subject Property). The assessment was cpnducted on December 7, 2004. The Subject Property consists of a rectangular shaped parcel ofland situated at the west side of Fourth Avenue, approximately 0.8 miles east of the San Diego Freeway (I-5).The Subject Property is improved with two, two-story, multifamily buildings. The buildings contain approximately 17,700 net rentable square feet and a total of 15 apartment units. Site amenities include one laundry room. General Description The Subject Property consists of two wood ftamed structures with limited landscaped areas along Fourth Avenue and at the perimeter of the buildings. According to a City of Chula Vista Building Department representative, there do not appear to be any reported building code violations at the Subject Property. In addition, NAC researched the City of Chula Vista Building Department file for the original building permit, Certificate of Occupancy and any outstanding violations. No violations were noted in the Building Department file. The Certificate of Occupancy was not on file within the Building Department records. The original building permit was finaled on February 6,1987. Copies of the original building permits are included in the appendix. Building r-' 17,700 NRA NO X Size 3 bedroom / 2 bathroom UNIT MIX Number of Units 15 SF Area SF) 1,180 The Subject Property is zoned "R-3-P-14" (height restricted to 28'/45 '), multifamily / residential by the City of Chula Vista Planning Department. The subject improvements appear to be developed in accordance with the designated zoning. General Physical Condition The Subject Property was observed to be in fair to good overall condition. Maintenance of the Subject Property's major systems, components and equipment appears to be in place. Recent capital improvements include refurbishing of units and seal coating / striping of asphaltic concrete pavement. Conclusions/Recommendations Deferred maintenance items and physical deficiencies that are considered significant and require immediate repair were identified and include the following: replacement of damaged wood fencing, repair of trip hazards, fire extinguisher inspection / replacements, replacement of gates at solid waste dumpster enclosure, installation of seismic restraint straps on water heater, replacement of utility door, abatement of mildew and restoration of finishes, replacement of polybutelene piping and painting of exteriors. These items are identified in Table I. Capital replacement reserves over the term of this report will be required for items such as exterior paint, replacement of electric wall heaters, replacement of washers and dryers, replacement of water heater, PROPERTY CONDITION REPORT NAC PROJECT No.: 04-22849.1 3 OAK FOURTH DEVELOPMENT, LLC NAC asphalt seal coating and striping, replacement of roofing, appliance replacements, cabinet replacements, and flooring replacements. These items are identified in Table 2. The structural elements of the buildings have performed adequately for the past 17 years. Assuming the recommendations in this report in reference to the Immediate and Physical Needs over the Term are made in an appropriate time frame; a preventive/remedial maintenance program is implemented continually; and all site systems and building components are replaced as necessary with an acceptable standard of care, this sites estimated remaining usefu1life (ERUL) should be at least an additional 33 years barring any natural disasters. This is based on the observation that the foundations, which has an expected useful life (EUL) of 50 years plus, were observed to be functioning properly with no major deficiencies. Other site and building elements are replaceable. However, as the property ages, the maintenance program cost should be expected to increase. NAC can make no comment on the marketability of the site's useful life. 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NAC PROJECT SUMMARY Item Excellent Good Fair Poor Action* Immediate Capital Needs Reserves** SITE IMPROVEMENTS TODo!!raDhv X X NM SlOnn Drain System X NM Parking Pavement, Curbs & Gutters X X RR $1.850 Sidewalks X IR $2500 Utilities X X NM LandscaDin!! X X NM Site Lightinl' X NM Site & Buildin!! Si!!na!!e X X NM Site stairs NA Plav!!round NA F encin!! / Railin!! X X IR $3,000 Recreational Facilities/Amenities X NM STRUCTURAL SYSTEMS AND BUILDING ENVELOPE Foundations X NM Structural System Including Floors X NM Exterior Walls, Patch & Paint, Eaves X IRlRR $3,750 $3,750 Windows & Frames X X NM Exterior Doors & Frames X X IR $900 Stairs (Interior & Exterior) X X NM Balconies & UDDer Floor Walkways X NM Roof Coverin!!s X RR $ 16,975 Roof Draina!!e X NM MEeHANICAL, ELECTRICAL & PLUMBING SYSTEMS HVAC X RR $12,000 Electrical X NM Emer!!encv Generator NA Hot & Cold Water Distribution System X X NM Water Heaters X IRlRR $250 $1,250 Plumbin!! X X IR $41,250 Swimmin!! Pool/ EquiDment NA Gas Distribution System X NM VERTICAL TRANSPORTATION CONVEYING SYSTEMS Elevators/ Escalators I I NA I FIRE/ LIFE SAFETY Fire Sunnression Systems I I X I X I IR I $350 I Security Alann Systems I I I NA I I INTERIOR ELEMENTS Common Area Finishes X RR $3,450 (W ashers/Drvers) Tenant Area ADPliances X RR $7,800 Tenant Area Finishes (Walls, Floors, X IRlRR $350 $43500 Ceilin!!s, Cabinets, Etc.) Interior Doors & Frames X NM "BARRIER FREE" ACCESSIBILITY (ADA) ParkinI', Si!mal'e & RamDs I I X X T NM I I Common Area Accessibility Including X I\M Reslrooms * Action: NM = Normal Maintenance, IR = Immediate Repair/Replacement, RR = Replacement Reserves, NA = Not Applicable, **Un-inOated Values, NA=Not Applicable Immediate And Reserve Summary Term (yrs) UninOated Cost InOated UninOated InOated Report Section Cost SUnil/Yr. $Unit/Yr. 0-1 $52.350 NA NA NA Table I 12 $90,575 $97.825 $503 $543 Table 2 PROPERTY CONDITION REPORT NAC PROJECT No.: 04-22849.1 OAK FOURTH DEVELOPMENT, LLC NAC This table displays the estimated costs. The estimated costs are preliminary and are based upon NAC's experience in conducting similar projects. The actual cost will be affected by factors such as project duration, site access, market conditions, and other contingencies applied by the owner. This project summary is not to be used alone. The attached report is intended to be read in its entirety. ,." PROPERTY CONDITION REPORT NAC PROJECT No.: 04-22849. J 2 OAK FOURTH DEVELOPMENT, LLC ~8/27/2004 FRI 18:11 FAX 619 546 6164 STERLING LA~D SERVICES lstJOOJr007 ~~f~ ~.- .-- -~_. ___~____I.W' -~.............. PI ann ng & Building Department Planning Division I Development Processing CITt' Of CHUIA VISTA APPlICA'rl0N APPENblX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matter& that win require discretionary action by 1he Council, Planning Commission and ell o1her offICial bodies of the City. a statement of dI$dosure of cer1ain own8r~hip or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. Th. fol\Qwing informatIon mtJSt be disclosed: 1. List the names of all person:i having a financial intere:st in the property that is the subject of the appfication or the contract, 8.9., owner. applicant, contractor. subcontractor, material supplier. \ ," ,\ \ \ ::>""u ~ ~" ~ \~~ U~..,..h, ~ ''- vd . \ ~ \ t: .;.,,""~ ~;. ~ f\.,,\ \( ~o v..) ".....co"'- 2. If any person. identified pursuant to <1> above is a corporation or partnership, list the names of all individuals wtth a $2000 Investment in 1he business (corporation/partnership) entity. 3. If any person- identified pursuant to (1) above 1$ 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 rep!esenl you. b.efore the City in this matter. ~ S:\ \' , \, _. \,. ,~.'\ ~ 1... LV.~Lt- ) '~~ ~\ <:-~~\\f'" Has any!)erG . associated with this contract had any financial dealings witl)..an official.. of the City of Chula Vista as It relates to thi:i contract within the past 12 months. Yes_ No~ 5. If Yes. briefly describe the nature of the financial interest the offIda/- may have in this contract. 6. Hove you made a contributIOn ~or8 than $250 within the past twelve (12) mooth$ to a current member of the Chute Vista City Cooncil? No -L. Yes _If yes. which Cout\cU member? 276 Fourth Avenue ChulOl Vi~ta I CalIfornia 91910 (~19) 69\-5tQ1 ~TI AC,H Me~-r .\-t .08/27/2004 FRI 18:11 FAX 619 546 6164 STERLING LAND SERVICES itJ 004/007 .sM?- ~._C --,~ ~ '-- Plann ng &. Building Department Planning Divisiol1 I Development Proce$sing mY Of mUlA VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you proYlded more than $340 (or an item of eqUivatent value) to an offu;ia!.. of the City of Chula Vista in the pest 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'? Dat'J: C6 -\C'rO '\ \ ~~~(()0Q Slgna~e Of n 1A~licant ~ ,\\. i>I"""- t f'~ _~ \ \ ~ ~ '. type name of Contract r/App6cant Print or . Pe"on Is defi~d as: aoy individual. fJrm, oo-partnership, join1 venture, association. 60cial ctub. fraternal organiZation, c:orporation. estate. trust. receiver. syndicate. any other county, city. municipality. dlstrtct. 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 $taff members. ,..- 216 founh ^venu~ I Cnul.. Vista I California 91910 (619) 691-5101