HomeMy WebLinkAboutPlanning Comm Reports /2006/03/22
AGENDA
PLANNING COMMISSION
Of the City of Chula Vista, California
6:00 p.m.
Wednesday, March 22, 2006
City Hall
New Council Chambers
276 Fourth Avenue
Chula Vista, CA
CALL TO ORDER
ROLL CALUMOTIONS TO EXCUSE
Madrid_ Felber_ Bensoussan_ Hom_ Nordstrom_ Tripp_
PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE
APPROVAL OF MINUTES:
February 22, 2006
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 06-10; Consideration of a Revised Tentative
Subdivision Map for Brookfield Shea Otay Ranch
Sectional Planning Area (SPA) Village 11. (Quasi-judicial)
Project Manager: Harold Phelps, Associate Planner
2. PUBLIC HEARING: PCS 06-02; Consideration of application for the proposed
conversion of the existing 336-unit Missions at Sunbow
apartment complex to 336 condominium units for
individual ownership - LDM Sunbow, LLC. (Quasi-judicial)
Project Manager: Oanielle Putnam
Continued next page.
Planning Commission
-2-
March 22, 2006
3. PUBLIC HEARING: PCC 05-48; Consideration of Conditional Use Permit
application for the A&D Automotive project located at
1084 Broadway. Applicant: Adel Gorges (Quasi-Judicial)
Project Manager: Richard Zumwalt, Associate Planner
4. PUBLIC HEARING: PCA 05-02; Consideration of an amendment to various
sections of Title 19 to regulate fee-based Check Cashing,
Deferred Deposit, Payday Advance and similar
businesses.
Ordinance amending Title 19, Zoning and Specific Plans
of the City of Chula Vista to add a new use classification
and amend related code sections to regulate fee-based
check cashing, deferred deposit, payday advance and
similar businesses, and limiting where such activities
may be permitted. City Initiated (Legislative)
Project Manager: Michael Walker, Senior Associate Planner
DIRECTOR'S REPORT:
COMMISSION COMMENTS:
ADJOURNMENT:
To a regular Planning Commission meeting on
April 12, 2006.
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests
individuals who require special accommodations to access, attend, 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.
MINUTES OF THE
CITY OF CHULA VISTA
PLANNING COMMISSION MEEING
6:00 p.m.
Wednesday, February 22, 2006
Public Services Building
Council Chambers
276 Fourth Avenue
Chula Vista, CA
CALL TO ORDER:
ROLL CALL / MOTIONS TO EXCUSE:
Present:
Absent:
Madrid, Felber, Bensoussan, Nordstrom, Tripp
Hom
MSC (Felber/Tripp) to excuse Cmr. Hom. Motion carried.
Staff Members:
Jim Hare, Assistant Planning Director
Lynette Lopez, Associate Planner
Jill Maland, Deputy City Attorney III
APPROVAL OF MINUTES:
January 25, 2006
MSC (Felber/Tripp) to approve minutes of January 25, 2006 as submitted. Motion
carried.
INTRODUCTORY REMARKS: Read into the record by Chair Madrid
ORAL COMMUNICATIONS: No public input.
1. PUBLIC HEARING: Rehearing of ZAV 06-05; A variance request to waive
the one (1) off-street parking space that is required for
an accessory second dwelling unit located at 97 "D"
Street. Applicant: Carl and Leticia Zinno
Ba-:kground: Lynette Lopez reported that this is a rehearing of ZAV 06-05 because on
February 8, 2006 the Planning Commission denied the variance by a 3 to 1 vote. When
an application is denied by less than four votes, the applicant has a right to a rehearing at
the next Planning Commission meeting, which is what the applicant elected to do.
The application is for a variance to waive the off-street parking requirement. Though the
applicant has met the requirements for the ADU, they would like to preserve landscaping
features that are significant to both the subject property and the early 1900 Craftsman
home located to the east.
Planning Commission Minutes
-2-
February 22, 2006
The approved parking space would require the removal the existing hedge that provides
privacy, a sense of residential character and enhances the quality of both homes. Staff
recognizes the importance of preservation of older neighborhoods and in this instance,
recommends that the Planning Commission consider the constraints to accommodate on-
site parking and the significant benefit to the neighborhood character that will result
through the preservation of the established landscaping on this site.
Staff has encouraged the applicant to continue to negotiate the access easement to
accommodate parking and rear access next to the unit.
Staff Recommendation: That the Planning Commission approve ZAV 06-05 based on
the findings of fact contained in the resolution.
6:16:09 PM Public Hearing Open.
6:16:29 PM Susanne Lazaro, 95 D St., Chula Vista asked what assurance or condition could be built
into the resolution that would maintain in perpetuity the assurance that the hedge will not
be removed even if the Zinn's no longer own the house
6:20:10 PM Lynette Lopez responded that the hedge is significant to both properties. In terms of
historic preservation, there is nothing addressing the preservation of hedges and
vegetation. The City is not saying that this is a historic resource, but rather, contributes to
the context of a historic Craftsman home.
Cmr. Tripp inquired if the Craftsman home is currently designated as historic.
Ms. Lopez responded that currently it has not been designated as historic, however, it is
listed in a historic resources inventory done in 1985.
Cmr. Tripp asked the City Attorney if once the variance is granted, is there any legal
requirement for the Zinn's or any future owners to maintain the hedge.
Ms. Maland responded that the variance runs with the land and whatever conditions
contained in the variance will bind subsequent property owners. The variance that is
being considered tonight does not contain any conditions about requiring the hedge to be
maintained, therefore, it wouldn't bind the current or subsequent owners.
6:32:08 PM Mr. Lazaro stated that he is in support of the variance, however, with respect to the hedge
remaining in perpetuity, he stated that the intent of the variance needs to be considered;
that being, that the hedge remain. He stated he is concerned because it appeared to him
that he overheard a construction worker stating that at some future point they will need to
install a pipeline going through where the hedge presently sits, which mean that it would
need to be removed.
Planning Commission Minutes
-3-
February 22, 2006
6:34:14 PM Mr. Zinn stated that the decision to go through the variance process has been an
expensive one and has solely been in an effort to accommodate the Lazaros and to move
his project forward, which has now been under construction for approximately one and a
half years. If the variance is denied, he'll simply put in the parking as approved in the
area where the hedges are. In terms of the piping that Mr. Lazaro allegedly overheard the
workers talking about; he knows nothing about.
6:37:04 PM Public Hearing Closed.
MSC (Felber/Tripp) (5-0-1-0) that the Planning Commission approve ZAV 06-05
based on the findings of fact contained in the resolution with the following change
to Condition #1. under II. Ongoing Conditions:
"If First Avenue is ever extended in a manner that would provide access to the rear
of the parcel, parking for the second dwelling unit shall be required to be
accommodated by the paved area next to the ADU." Motion carried.
Director's Report:
JilY! Hare reported that the first meeting of the Chula Vista Redevelopment Corporation
Board of Directors will be held on February 23 at 6:00 p.m.
Jill Maland introduced Alicia Casado, newly hired Deputy City Attorney who will be
attending Planning Commission meetings.
6:46:44 PM Meeting adjourned to the next regular Planning Commission meeting on March 8, 2006.
Diana Vargas, Secretary to the Planning Commission
PLANNING COMMISSION AGENDA STATEMENT
Item:
Meeting Date: 03/22/06
/
ITEM TITLE:
Public Hearing: PCS 06-10; Consideration of a Revised Tentative
Subdivision Map for Otay Ranch Village 11, located east of East lake
Parkway and south of Olympic Parkway. - Brookfield Shea Otay
(BSO) Project LP
Brookfield Shea Otay (BSO) Project LP proposes to revise the tentative subdivision map in order to
utilize the total units authorized in the Village 11 Sectional Planning Area (SPA) Plan. This
tentative map revision proposes to transfer unused units from various neighborhoods to a multi-
family project in Neighborhood R-17.
ENVIRONMENT AL REVIEW:
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 Final Second Tier EIR 01-02 prepared for the Otay Ranch General
Plan Amendments/Village 11 Sectional Planning Area Plan, and Tentative Map. Thus, no further
environmental review or documentation is necessary.
RECOMMENDATION:
That the Planning Commission adopt attached Resolution No. PCS-06-10 recommending that the
City Council approve the Revised Tentative Subdivision Map in accordance with the findings and
subject to the conditions contained therein.
BOARDS/COMMISSIONS RECOMMENDATION: None.
BACKGROUND
On October 23,2001, the City Council approved of Village 11 SPA and Tentative Map. The City
Council subsequently approved a revised Tentative Map on May 27,2003. Both the original 2001
tentative map and the revised 2003 tentative map involved the transfer of units but did not assign all of
the units authorized in the Village 11 SPA Plan.
DISCUSSION:
The revisions proposed in this 2006 tentative map to the current 2003 tentative map approved unit
reductions and/or transfer of units in multi-family Neighborhoods R-17, 18, 21, 22, and 25. In
addition, 14 unused Village 11 SPA Plan single-family units will now be allocated. But for this
action, these units would have been undeveloped, since this is the last outstanding tentative map.
Item:
Meeting Date: 03/22/06
Page 2
Specifically, unit counts are reduced in multi-family Neighborhoods R-18, 21,22 and 25, while the
units count increases in multi-family Neighborhood R-17. Neighborhoods R-19 and MU-l (Mixed-
Use) were combined but maintain the same total unit count. The combined projects in
Neighborhoods R-24 and 25 and Neighborhoods R-20, 2 I and 22 resulted in overall unit reductions.
The unit reductions in multi-family Neighborhoods R-18, 21, 22, and 25 will provide a total of 48
units to be transferred to multi-family Neighborhood R-17, the last neighborhood to be developed in
Village 11. Together with the 14 unused single-family units provided for in the SPA Plan, would
enable Neighborhood R-17 to increase by a total of 62-units from 118 to 180-units.
General Plan, Zoning and Land Use
The General Plan and Otay Ranch General Development Plan describe Village 11 as a typical multi-
density residential village including single-family, multi-family and mixed-uses, and the zoning is
Planned Community (PC).
Location
Neighborhoods R-17, 18, 19,21,22,25, and MU-1 (Mixed-Use) are all located within Phases 2 and
3 of Village 11, an area bounded by Hunte Parkway to the south, Eastlake Parkway to the west, and
Olympic Parkway to the north, and the 240-ft. SDGE transmission line easement to the east (see
attached Locator Map).
ANALYSIS:
The Village 11 SPA Site Utilization Plan identified "Target Dwelling Units Per Acre" for each
Neighborhood Area. The number of units for each neighborhood planning area was then calculated
based on the SPA-level acreages. The SPA acknowledges that in final engineering the actual
acreages might differ, resulting in a lower number of units per neighborhood than those shown on the
Site Utilization Plan.
Village 11 SPA Plan Section II.2.2.3, Mapping Refinements and Density Transfers, provides the
method for balancing increases and decreases in the various neighborhoods to achieve the tota12,304
dwelling units in the village. Four criteria must be met in order to transfer units between
neighborhoods, as summarized below:
The total number of units must not exceed 2,304
· The maximum density for the particular zoning category cannot be exceeded
· Village identity and pedestrian-orientation must be maintained
· Increases in neighborhoods must result in corresponding decreases in other neighborhoods.
Item:
Meeting Date: 03/22/06
Page 3
The following table quantifies the changes that have occurred over the build-out of the village and
what is now being proposed as a second revision to the original tentative map Brookfield Shea Otay
(BSO) Project LP Village 11:
Village 11 V-l1 SPA 2001 2003 2006 Difference
Single Family: Plan: TM: TM: TM: (A):
Neighborhood R-l: 163 156 163 163
Neighborhood R-2: 47 47 47 47
Neighborhood R-3: 46 46 46 46
Neighborhood R-4: 55 54 55 55
Neighborhood R-5: 37 34 34 34 -3
Neighborhood R-6: 35 38 38 38 +3
Neighborhood R-7: 70 67 67 67 -3
Neighborhood R-8: 64 58 58 58 -6
Neighborhood R-9: 60 60 60 60
Neighborhood R-I0: 86 89 89 89 +3
Neighborhood R -11 : 36 34 34 34 -2
Neighborhood R-12: 58 57 57 57 -1
Neighborhood R-13: 53 54 54 54 +1
Neighborhood R-14: 56 54 54 54 -2
Neighborhood R-15: 68 67 67 67 -1
Neighborhood R-16: 62 59 59 59 -3
Subtotal 996 974 982 982 -14
Difference (1\): -22 +8 0 -14
Village 11 V-l1 SPA 2001 2003 2006 Difference
Multi-Family: Plan: TM: TM: TM: (A):
Neighborhood R-17: 118 118 118 180 +62
Neighborhood R -18: 125 125 125 112 -13
Neighborhood R-19: 167 167 167 239 +72
Neighborhood R-20: 78 78 78 78
Neighborhood R-21: 112 112 112 102 -10
Neighborhood R-22: 105 105 105 90 -15
Neighborhood R-23: 119 119 119 119
Neighborhood R-24: 169 169 169 169
Neighborhood R-25: 200 200 200 190 -10
Mixed-Use MU-l: 115 115 115 43 -72
Subtotal 1,308 1,308 1,308 1,322
Difference (1\): 0 0 +14 +14
Total
Difference 1\:
2,304
2,282
-22
2,290
+8
2,304
+14
o
o
Item:
Meeting Date: 03/22/06
Page 4
Based on the table above. the total number 0 f uni ts wi II not exceed the total Village 11 SPA Plan uni t
count of2,304. In addition, as discussed further below, the maximum density for any ofthe planning
neighborhoods are not being exceeded, and the Village 11 identity and pedestrian-orientation will be
maintained in all ofthe neighborhoods. The increase in units for certain neighborhoods resulted in
corresponding decreases in units for other neighborhoods.
The revised tentative map will memorialize the administrative approvals as provided for in the
Village 11 SPA Plan that allowed for the previous unit reductions or transfers in Neighborhoods R-
18, R-25 and the combined NeighborhoodsR-19/MU-l (Mixed-Use) and Neighborhoods R-
20/21/22. All increases and decreases in these neighborhoods were within the density range for each
neighborhood's zoning category. Units that have not been used in previous tentative maps are
proposed to be built in multi-family Neighborhood R -17.
As mentioned above, this revised tentative map will provide for the fulfillment of the Village II
SPA Plan unit count in multi-family Neighborhoods R-17 through the transfer of 48 multi-family
units and the addition of 14 unused single-family units. This proposal is in conformance with the
density transfer criteria noted above. The Village 11 SPA Plan doesn't restrict density transfers
between multi-family and single-family product types, and any such unit transfers are allowed as
long as they can be accomplished within the allowable density range of the neighborhood zone.
For multi-family Neighborhood R-17, the 62-unit increase from 118-units to 180-units raises the
density level on the 15.5-acre site fi-om 7.6-units per acre to I 1.6-units per acre, where the allowable
density range is between 8 to 15 dwelling units per acre for the Residential Multi-Family One (RM-
1) Planned Community (PC) District Zoning classification.
With regard to the maintenance of the Village 11 pedestrian-orientation for all neighborhoods,
Neighborhood R-17 requires review and approval for the fulfillment of such criteria by the Design
Review Committee.
CONCLUSION:
Staff recommends that the Planning Commission approve the Planning Commission resolution
recommending that the City Council approve the revised tentative map. Staff has prepared a draft
City Council resolution including findings as required by the Subdivision Map Act.
ATTACHMENTS:
1. Locator Map
2. Planning Commission Resolution (PCS-06-l 0)
3. Draft City Council Resolution No.
4. Application with Disclosure Statements
5. Revised Village 1 I Site Utilization Plan/Tentative Map
J :\PLANNING\HAROLD\PCS-06-1 O-PCREPORT .DOC
fi
PROJECT
lOCATION
................
: Revised Areas :
.. . . . . . . . . . . . . . ..
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR ~~~I~~: Brookfield Otay LLC.
(I) PROJECT Otay Ranch Village 11, Phase 3,
ADDRESS: Revised Tentative Map.
SCALE: FILE NUMBER:
No Scale PCS-06-10
PROJECT DESCRIPTION:
SUBDIVISION
Project Summary: Otay Ranch Village 11 Phase 2 and 3
Revised Tentative Map.
Related cases: None
J:\Planning\carlos\locators\pcs061 O.cdr 03.08.06
RESOLUTION NO. PCS-06-10
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CHULA VISTA RECOMMENDING THAT
THE CITY COUNCIL APPROVE A REVISED TENTATIVE
SUBDIVISION MAP FOR THE OTAY RANCH VILLAGE
ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN-
BROOKFIELD SHEA OT A Y PROJECT L.P., CHULA
VISTA TRACT 06-10.
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A" attached to City Council Resolution and described on Chula Vista Tract 06-10, and
is commonly known as "Otay Ranch Village Eleven Revised Tentative Map", ("Property"); and,
WHEREAS, a duly verified application for the subdivision of the Property in the form of
a tentative subdivision map known as "Otay Ranch Village Eleven Revised Tentative Map,
Chula Vista Tract 06-10", ("Project"), was filed with the City of Chula Vista Planning and
Building Department on January 27, 2006 by Brookfield Shea Otay Project L.P., ("Applicant");
and,
WHEREAS, the application requests the approval for reVISIons to portions of the
approximately 489 acres of land in Village Eleven located east of Eastlake Parkway and south of
Olympic Parkway; and
WHEREAS, the development of the Property has been the subject matter of the Otay
Ranch General Development Plan ("GDP") previously approved by the City Council on October
28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No.
19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said
GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact
Report No. 90-01, SCH #9010154 ("Program FEIR 90-01"); and,
WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and
determined that the Project was adequately covered in the previously adopted Final Second Tier
Environmental Impact Report for Village Eleven Sectional Planning Area (SPA) Plan and
Tentative Map and the associated Mitigation Monitoring and Reporting Program (FEIR 01-02)
that was approved October 23,2001; and
WHEREAS, the Planning Commission set the time and place for a hearing on said Otay
Ranch Village Eleven Revised Tentative Map, Chula Vista Tract 06-10, (PCS-06-10) and notice
of said hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the city and its mailing to property owners within 500 feet of the exterior
boundaries of the Project site at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
on March 22, 2006, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
Planning Commission Resolution PCS 06-10
Page 2
NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the
Planning Commission, the Commission has determined that the approval of Otay Ranch Village
Eleven Revised Tentative Map, Chula Vista Tract 06-10, (PCS-06-10) is consistent with the City
of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch Planning
Area liSP A Plan, and all other applicable Plans, and that the public necessity, convenience,
general welfare and good planning practice support the approval.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION
recommends that the City Council adopt a resolution approving Otay Ranch Village Eleven
Revised Tentative Map, Chula Vista Tract 06-10, (PCS-06-10) in accordance with the findings
contained in the attached City Council Resolution.
And that a copy of this resolution be transmitted to the owners of the property and the
City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 22nd day of March, 2006 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Vicki Madrid, Chair
ATTEST:
Diana Vargas, Secretary
J :\PLANNING\HAROLD\REsOLUTIONS\PCS-06-1 OREVISEDTM - PCRESO.DOC
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A REVISED TENTATIVE
SUBDIVISION MAP FOR THE OTAY RANCH VILLAGE
ELEVEN SECTIONAL PLANNING AREA (SP A) PLAN-
BROOKFIELD SHEA OTAY PROJECT L.P., CHULA
VISTA TRACT 06-10.
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A" attached to City Council Resolution No. and described on Chula Vista Tract
06-10, and is commonly known as Otay Ranch Village Eleven Tentative Map, ("Property"); and,
WHEREAS, a duly verified application for the subdivision of the Property in the form of
a tentative subdivision map known as "Otay Ranch Village Eleven Revised Tentative Map,
Chula Vista Tract 06-10", ("Project"), was filed with the City of Chula Vista Planning and
Building Department on January 27, 2006 by Brookfield Shea Otay Project L.P., ("Applicant");
and,
WHEREAS, the application requests the approval for reVISIOns to portions of the
approximately 489 acres of land in Village Eleven located east of Eastlake Parkway and south of
Olympic Parkway; and
WHEREAS, the development of the Property has been the subject matter of the Otay
Ranch General Development Plan ("GDP") previously approved by the City Council on October
28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No.
19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said
GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact
Report No. 90-01, SCH #9010154 ("Program FEIR 90-01"); and,
WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and
determined that the Project was adequately covered in the previously adopted Final Second Tier
Environmental Impact Report for Village Eleven Sectional Planning Area (SPA) Plan and
Tentative Map and the associated Mitigation Monitoring and Reporting Program (FEIR-OI-02)
that was approved October 23,2001; and
WHEREAS, the Planning Commission set the time and place for a hearing on said Otay
Ranch Village Eleven Revised Tentative Map, Chula Vista Tract 06-10, (PCS-06-10) and notice
of said hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the city and its mailing to property owners within 500 feet of the exterior
boundaries of the Project site at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
on March 22, 2006, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and the Planning Commission recommended approval of the Project and said
hearing was thereafter closed; and
Resolution
WHEREAS, a public hearing was scheduled before the City Council of the City of
Chula Vista on proposed Otay Ranch Village Eleven Revised Tentative Map, Chula Vista Tract
06-10 (PCS-06-10), and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing held on March 22, 2006, and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding. These documents,
along with any documents submitted to the decision makers, shall comprise the entire
record of the proceedings for any California Environmental Quality Act (CEQA) claims.
II. COMPLIANCE WITH CEQA
The environmental impacts associated with this Revised Tentative Subdivision Map for
Village Eleven have been analyzed in FEIR-01-02. The City Council has considered
FEIR-01-02, and finds that it was prepared in accordance with the requirements of the
California Environmental Quality Act [CEQA], Public Resources Code section 21000 et
seq., the CEQA Guidelines, Cal. Code Regulations, Title 14, section 15000 et seq., and
the Environmental Review Procedures of the City of Chula Vista. The City Council finds
that none of the conditions in CEQA Guideline section 15162 calling for the preparation
of a subsequent EIR have occurred.
III. ACTION
The City Council hereby approves the resolution approving the Otay Ranch Village
Eleven Revised Tentative Map, Chula Vista Tract 06-10, (PCS-06-10) involving 489-
acres of land known as the Otay Ranch Village Eleven Tentative Map in this resolution,
finding it is consistent with the City ofChula Vista General Plan, the Otay Ranch General
Development Plan, Village Eleven SPA Plan, and all other applicable Plans, and that the
public necessity, convenience, general welfare and good planning and zoning practice
support their approval and implementation.
IV. TENTATIVE SUBDIVISION MAP FINDINGS
Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that the Otay Ranch Village Eleven Revised Tentative Map, Chu1a Vista
Tract 06-10, (PCS-06-10) as conditioned, is in conformance with all the various elements
of the City's General Plan, the Otay Ranch General Development Plan and Village
Eleven Sectional Planning Area (SPA) Plan, based on the following:
Resolution
1. Land Use
The Project is in a planned area that provides urban village uses authorized
by the Village Eleven Sectional Planning Area (SPA) Plan. The Revised
Tentative Map retains the previously approved total of 2,304 residential
dwelling units.
2. Circulation
All of the on-site and off-site public and private improvements required to
serve the subdivision are part of the project description or are conditioned
consistent with the Otay Ranch General Development Plan, and the
Village Eleven SPA Plan. The Applicant shall construct those facilities in
accordance with City and the Village Eleven SPA Plan standards.
3. Housing
The Developer has already entered into an Affordable Housing Regulatory
Agreement. The Agreement has set forth the number and location of
affordable housing units in Village Eleven.
4. Parks. Recreation and Open Space
The developer has already provided land via an irrevocable offer of
dedication, payment of in-lieu fees, or a combination thereof towards a
Community Park within the service area of Village 11. The developer will
also provide development Park Acquisition and Development (PAD) fees
in accordance with CVMC 17.10.
5. Conservation
The FEIR addressed the goals and policies of the Conservation Element of
the General Plan and found development of this site to be consistent with
these goals and policies. The Otay Ranch Resource Management Plan
requires conveyance of land to the Otay Ranch Preserve for every one-
acre of developed land prior to approval of any Final Map.
6. Seismic Safety
The proposed subdivision is in conformance with the goals and policies of
the Seismic Element of the General Plan for this site. No seismic faults
have been identified in the vicinity of the Project according to the Village
Seven SPA Geotechnical Reconnaissance Report.
7. Public Safety
All public and private facilities are expected to be reachable within the
threshold response times for fire and police services.
Resolution
8. Public Facilities
The Applicant will provide all on-site and off-site streets, sewers and
water facilities necessary to serve this Project. The developer will also
contribute to the Otay Water District's improvement requirements to
provide terminal water storage for this Project as well as other major
projects in the eastern territories.
9. Noise
The Project will include noise attenuation walls. In addition, all buildings
are required to meet the standards of the Uniform Building Code with
regard to acceptable interior noise levels.
10. Scenic Highway
The roadway design provides wide landscaped buffers along Eastlake,
Hunte and Olympic Parkway. There is no scenic highway adjacent to
the Proj ect.
11. Bicycle Routes
Bicyclists will share internal streets with motor vehicles due to the
anticipated low traffic volumes and limited speeds allowed on
residential streets.
12. Public Buildings
Public buildings are not proposed on the Project site.
V. CONDITIONS OF APPROVAL
The conditions imposed on the grant of Tentative Map approved October 23,
2001 and May 27,2003 are approximately proportional both in nature and extent
to the impact created by the proposed development.
VI. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the previously established 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, revoke or further
condition issuance of all future building permits 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.
Resolution
VII. 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 tenn, provision and
condition herein stated; and that in the event that anyone or more terms,
provisions, or conditions are determined by a Court of competent jurisdiction to
be invalid, illegal or unenforceable, this resolution 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
Planning and Building Director
Ann Y. Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 4th day of Apri12006, by the following vote:
AYES: Council members:
NAYS: Council members:
ABSENT: Council members:
ABSTAIN: Council members:
Stephen C. Padilla, 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. was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 4th day of April
2006.
Executed this 4th day of April 2006.
Susan Bigelow, City Clerk
J :\PLANNING\HAROLD\RESOLUTIONS\PCS-06-1 OREVISEDTM -CCRESO.DOC
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Building Department
Planning Division I Development Processing
APPLICATION · DEVELOPMENT PROCESSING . TYPE B
Part 1
Application Information
Appll"'nt Name: Ewo ~fjd d ()~ LLC
Applicant Address: 128ft. 5 P()ljd~ 7).. . MM #;200, 11) N().)..., (A 120/'/
Contact: KJn 6j/)ftnDW Phone: (58) . Lf8/- 850D
Applicant's Interest in Property (If applicant is not the owner, the owner's authorization signature at the end of this form is required
to process this request.) ~Own D Lease D In escrow D Option to purchase
Engineer/Agent: Hunso....k,ej'~ r AS&Jc. Address: /0/79 }/tJetJl7fJ<Ln.s' 51. So.ftDi~J (A- CJ02/.2/
Contact: 1 rr Phone: 58) 558- Q500
[gI Applicant Agent D Email addressofPrimarycontact:)-1mLArrtlj(CiJHun.&J....K e.r S D. C (lfh
Type of Review Requested
D General Plan Amendment
D General Development Plan D New (or) DAmendment
D SPA/Specific Plan DNew (or) DAmendment
D Zone Change
[g Tentative Subdivision Map (dflU/lCir71_t:"-n 1-)
D Annexation
D Other:
! .
Subject Property Information (all types)
Location/Street Address: fh nle Pkw trU-fh (J sf.
Assessor's Parcel #: &'13 - 0/2 -02 (POl") Total Acreage: i8. Redevelopment Area (if applicable): Nl
General Plan Designation: R /vll Zone Designation: PC - {)fc:J ~nch IId{a.C/~ /1 .sPA
, Planned Community (if applicable): Of. V.i ' 'a / / J
Current Land Use: Within Montgomery Specific Plan? D Yes ~No
General Plan Amendment
Proposed Land Use Designation:
Justification for General Plan change:
N~A
276 Fourth Avenue
Chula Vista
California
Rev 5.03
Pg 1/2
91910
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APPLICATION · DEVELOPMENT PROCESSING · TYPE B
Part 2
General Development plan
General Development Plan Name: N /11
Proposed land Uses / Total Acres: / '
Commercial / Acres Industrial / Acres
Parks / Acres Schools / Acres
Community Purpose / Acres Circulation / Acres
Public/Quasi / . Acres Open Space / Acres
Residential/Range:
Single Family Detached / to Units Acres
Single Family Attached / to Units. Acres
, , Duplexes / to Units Acres
Apartments / to Units Acres
Condominiums / to Units Acres
TOTALS / to Units Acres
Annexation
Prezoning: N/A LAFCO Reference #:
/
Tentative Subdivision Map
Subdivision Name: 00;, ~nc/1 V ~I c. II CV Tract #: C. V. /. 0 I - II B
Minimum lot size:...deL /ih-I-. 2 Number of units:2..3 0 if Average lot size: ..6a A:3hf.
Of' KlAdJ.4d Tilt R. -/7 ~ /80 uiuh propoJ<d
P- ~17 ~ //8 lNi1lll A.o ~}O)dVrq
2 7;&//' TfI1
Zone Change
o Rezoning
Proposed zoning:
)I pp,ezoning
o Setback
Authorization
Print owner name.:
h.u-
Applicant Signature:
Owner Signature.:
.Proof of ownership m ?J
Chula Vista
California
91910
(619) 691-5101
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CllY OF
CHULA. VISTA
Planning & Building Department
Planning Division I Development Processing
APPLICATION APPENDIX C
Development Permit Processing Agreement
Permit Applicant:
Applicant's Address:
Type of Permit:
Agreement Date:
Deposit Amount:
Brookfield Otay R-17 LLC
12865 Pointe Del Mar, Suite 200, Del Mar, CA 92104
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This Agreement ("Agreement") between the City of Chula Vista, a chartered municipal corporation ("City") and the
forenamed applicant for a development permit ("Applicant"), effective as of the Agreement Date set forth above, is made
with reference to the following facts:
Whereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit") which the City has
required to be obtained as a condition to permitting Applicant to develop a parcel of property; and,
Whereas, the City will incur expenses in order to process said permit through the various departments and before
the various boards and commissions of the City ("Processing Services"); and,
Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with
providing the Processing Services;
Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as follows:
1. Applicant's Duty to Pay.
Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, including
all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's
Duty to Pay."
1. 1. Applicant's Deposit Duty.
As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount aforereferenced ("Deposit").
1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against
Applicant's Deposit. If, after the conclusion of processing Applicant's Permit, any portion of the
Deposit remains, City shall return said balance to Applicant without interest thereon. If, during the
processing of Applicant's Permit, the amount of the Deposit becomes exhausted, or is imminently
likely to become exhausted in the opinion of the e City, upon notice of same by City, Applicant
shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to
continue Processing Services. The duty of Applicant to initially deposit and to supplement said
deposit as herein required shall be known as "Applicant's Deposit Duty".
2. City's Duty.
City shall, upon the condition that Applicant is no in breach of Applicant's Duty to Payor Applicant's Deposit Duty,
use good faith to provide processing services in relation to Applicant's Permit application.
2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or for
failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City.
276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691-5101
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Planning & Building Department
Planning Division I Development Processing
Development Permit Processing Agreement - Page 2
2.2. By execution of this agreement Applicant shall have no right to the Permit for which Applicant has applied.
City shall use its discretion in valuating Applicant's Permit Application without regard to Applicant's promise to pay for the
Processing Services, or the execution of the Agreement.
3. Remedies.
3.1. Suspension of Processing
In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the
right to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement, as well as the
Permit which may be the subject matter of any other Permit which Applicant has before the City.
3.2. Civil Collection
In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the
right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect
same, the prevailing party shall be entitled to reasonable attorney's fees and costs.
4. Miscellaneous.
4.1 Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in
writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served
if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or
certified, with return receipt requested at the addresses identified adjacent to the signatures of the parties represented.
4.2 Governing LawNenue.
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San
Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this
Agreement, and performance hereunder, shall be the City of Chula Vista.
4.3. Multiple Signatories.
If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be
jointly and severally liable for the performance of Applicant's duties herein set forth.
4.4. Signatory Authority.
This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the
Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant. Signatory
shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been
authorized to execute this Agreement by Applicant.
4.5 Hold Harmless.
Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and
employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders,
injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising out of
City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not
limited to the giving of proper environmental review, the holding of public hearings, the extension of due process rights,
except only for those claims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the
City, its officers, or employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include
any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents, or employees in
defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense,
shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or
employees. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the
276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691-5101
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Planning Division I Development Processing
Development Permit Processing Agreement - Page 3
Applicant. At its sole discretion, the City may participate at its own expense in the defense of any such action, but such
participation shall not relieve the applicant of any obligation imposed by this condition.
4.6 Administrative Claims Requirements and Procedures.
No suit or arbitration shall be brought arising out of this agreement against the City unless a claim has first
been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance
with the procedures set forth in Chapter 1 .34 of the Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in
good faith with City for the purpose of resolving any dispute over the terms of this Agreement.
Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby
express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto.
Dated:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA
By:
Dated: 12/05/2005 Brookfield Otay R-17 LLC
~", 12865 Pointe Del Mar, Suite 200
~~92014
By: Adam D. Pevney, M.S.
276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691-5101
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Planning & Building Department
Planning Division I Development Processing
CllY OF
CHULA VISTA
APPLICATION APPENDIX A
Project Description & Justification
Project Name: Otav Ranch Villaqe 11 Area R-17
Applicaiit--Name: Brookfield Otav R-17 LLC
.~
Please fully describe the proposed project, any and all construction that may be accomplished as a result of
approval of this project, and the project's benefits to yourself, the property, the neighborhood, and the City
of Chula vista. Include any details necessary to adequately explain the scope and/or operation of the
proposed project. You may include any background information and supporting statements regarding the
reasons for, or appropriateness of, the application. Use an addendum sheet if necessary.
For all Conditional Use Permits or Variances, please address the required "findings" as listed in the
Application Procedural Guide.
N/A - No Conditional Use Permits or Variances are beinq applied for at this time.
276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691-5101
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CllY OF
CHULA VISTA
Planning & Building Department
Planning Division I Development Processing
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by
the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or 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.
Brookfield Shea Otay LLC
Brookfield Otay LLC
Brookfield Otay R-17 LLC
Brookfield San Dieqo Builders Inc
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.
Hunsaker & Assoc. - Chuck Cater Brookfield Otay LLC ( Ron Grunow)
Dahlin Group - Marty Volk Brookfield San Dieqo Builders Inc. ( Adam Pevney)
Tributary 17 - Tom Picard Brookfield San Dieqo Builders Inc. (Teri McHuqh)
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 D- No ~
5.
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 1Xl Yes 0 If yes, which Council Member?
276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691-5101
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CITY OF
(HUlA 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?~iS includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes D- No
If Yes, which official** and what was the nature of item provided?
Date: 12/05/2005
Signature of Contractor/Applicant
Adam D. Pevnev, M.S.
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 I Chula Vista I California I 91910 I (619) 691-5101
PLANNING COMMISSION AGENDA STATEMENT
Item: ~
Meeting Date: 3/22/2006
ITEM TITLE:
PUBLIC HEARING: Consideration of application PCS 06-02;
for the proposed conversion of the existing 336-unit Missions at
Sunbow apartment complex to condominium units for individual
ownership - LDM Sunbow, LLC.
The Applicant, LDM Sunbow, LLC, has submitted an application for a Tentative
Subdivision Map (one-lot condominium map) to convert a 336-unit apartment complex to
336 condominium units for individual ownership. The 14.58-acre project site is located
at 825 East Palomar Street (see Attachment A, Locator Map.)
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-06-02, 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 existing Missions at Sunbow apartment complex was constructed in 2003 and
consists of 336 apartment units and common open space. Tentative and Final map
approvals are required to create the one-lot 336-unit condominium map, with final action
by the City Council.
Condominium conversion projects in Chula Vista also require Design Review; however,
this project went through Design Review for its original construction on December 18,
2000 and received approval 3-0-0-2, with 41 conditions. Since the project is not
proposing any exterior building upgrades or modifications as part of the Tentative Map
application, further Design Review is not required at this time.
Project Site and Setting
The site is a rectangular level, 14.58-acre lot with an existing apartment complex located
at 825 East Palomar Street. The existing uses adjacent to the site are listed in the table
Page No.2, Item: _
Meeting Date: 3/22/06
below.
Table 1: Zoning and Land Use
General Plan Zoning Existing Land Use
Site RMH Residential PC Planned Multi-family
Medium High Community: residential (apts.)
Sunbow II
Residential
Condominium (RC)
North PQ Public and CO-Administrative Sharp and Chula
Quasi-Public and Professional Vista Medical
Office Centers
East RLM Residential PC Planned Single- family
Low Medium Community: residential
Sunbow II
Residential Single
Family (RS)
South RLM Residential PC Planned Single-family
Low Medium Community: residential
Sunbow II
Residential Single
Family (RS)
West Parks & PC Planned Single-family
Recreation; Retail; Community: residential and 10-
RLM Residential Sunbow II acre Park
Low Medium Residential Single
Family (RS);
Sunbow II Open
Space (OS)
The project is less than a quarter mile west of Hedenkamp Elementary School, on
improved streets with sidewalks. Also, there is commercial development approximately
one block away from the project, to the west at East Palomar Street and Medical Center
Drive.
Project Description:
The complex consists of 32 three-bedroom units, 178 two-bedroom units, and 126 one-
bedroom units arranged into 21 three-story buildings, a 6,600 sq. ft. community clubhouse,
a pool, a tot lot, a fitness center, a private theater, a business center for residents, and 625
Page No.3, Item:_
Meeting Date: 3/22/06
garage, carport, and open parking spaces. Unit C1 is 1,327 sq.ft., 3 bedrooms, 2 baths;
Units Bla, Bib, B2h, B2b, and B2c range from 1,111 to 1,172 sq.ft., 2 bedrooms, 2 baths;
and Units A1h and Ala are 724 sq.ft., 1 bedroom and 1 bath.
The units were originally proposed in 2000 as luxury apartment units and feature upscale
amenities. Each unit has 9-ft ceilings; designer kitchen cabinets and countertops; full
appliance packages (washer/dryer, refrigerator, dishwasher, disposal, microwave ovens);
walk-in closets; oversized garden-style bathtubs; interior decorator finishes (crown
moldings and ceiling fans); individual unit intrusion security alarms; sound proofing
construction; private open space (patio or balcony) with exterior storage/utility closets
attached directly to the units; and some units with garages providing direct interior
entrances to the attached unit.
Storage space is provided in existing walk-in closets, laundry rooms, and utility closets
for all units, although not all units have the full amount of required storage. One hundred
cU.ft. of additional storage space is proposed to be added to each of the 184 existing
garages. Storage area is also provided through utilizing a portion of the patio and
balcony utility closets that also contain hot water heaters. The units are already served by
separate gas and electric meters, while water and sewer will be the responsibility of the
Homeowners Association.
No exterior structural changes or modifications are proposed, outside of minor repairs
and paint touchup where necessary, and no interior building upgrades are proposed. The
units were constructed in late 2002 and are generally in excellent condition. The
Applicant intends to perform a thorough cleaning of each unit before sale to the ultimate
buyer, and also intends to replace worn carpet and repaint the unit interiors on an as-
needed basis. Staff has recommended a condition to repair and replace sidewalks and
ADA ramps where needed.
Table 2: Project Data
Assessor's Parcel Number: 641-122-07
Current Zoning: PC-Planned Community: Sunbow II
Residential Condominium (RC)
Land Use Designation: RMH Residential Medium High
Lot Area: 14.58 acres
REQUIRED:
PROVIDED:
Parking: 625 Spaces total
1.5 space/l-BR unit x 126 = 189 spaces
2 spaces/2-BR unit x 178 = 356 spaces
2.5 spaces/3-BR unit x 32 = 80 spaces
184 "Tuck-under" garage spaces
170 Carport stalls
271 Open spaces
625 Total Spaces
(includes 12 handicapped spaces)
24.3 %
Lot Coverage: Subject to Site Plan Review
Setbacks: Subject to Site Plan Review
Page No.4, Item: _
Meeting Date: 3/22/06
Front: 29.5 ft.
Exterior Side Yard: 48 ft.
One Interior Side Yard: Not applicable
Both Interior Side Yards: Not applicable
Rear: Rear: 54 ft.
Storage:
250 cu. ft. / 3-bedroom unit It is estimated that most, if not all, of the
200 cu. ft. / 2-bedroom unit storage requirement is met by space in existing
150 cu. ft. / I-bedroom unit utility closets and interior closets, laundry
rooms, and proposed new cabinets in garages;
however, prOVISIon of more detail by the
Developer is recommended as a condition of
approval.
Common Open Space: 136,960 SF 139,866 SF (excess of2,906 SF)
480 SF/ 3-BR unit x 32 units = 15,360 SF Patios/decks = 24,990 SF
400 SF/ 2-BR unit x 178 units = 71,200 SF Club/leasing area = 6,626 SF
400 SF/ I-BR unit x 126 units = 50,400 SF Usable landscaped open space = 108,250 SF
Building Height: 38' - 4" for Type I buildings
Subject to Site Plan Review 39' - 11" for Type II buildings
The Sharp Hospital site, located north ofthe project, is master planned to have additional
structures that will be constructed in the future. Staff has recommended a condition of
approval that directs the CC&Rs to include detailed text and map graphics to inform
potential condominium owners of the hospital's future plans.
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 3 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 September of2005, and will be given notice of having
the first option to purchase a unit. Sample notices provided by the Applicant are attached
(see Attachment E, Noticing Documentation).
Page No.5, Item: _
Meeting Date: 3/22/06
Table 3: Noticing Documentation
NOTICE REQUIREMENT HOW LONG & WHEN COMPLIANCE
60-day notice to all existing 60 days prior to filing a 60-day notices were sent
tenants of intent to convert - Design Review and certified mail to existing
"Form A"* Tentative Map application tenants September 3,2005.
with the City
Notice to all prospective tenants of Prior to acceptance of any Applicant has submitted a
intent to convert - "Form B"* rent or deposit from the current tenant list with
prospective tenant copies of signed forms for
all new tenants.
1 O-day notice to all existing 10 days before or after lO-day notices of Public
tenants of an application of a submittal of the Public Report - "Form C" were
Public Report - "Form C" Report to the Department of sent certified mail to
Real Estate existing tenants September
3,2005.
lO-day Notice to all existing Within 10 days of approval To be determined!
tenants of Final Map approval - of the Final Map by the City Typically following Final
"Form D" Map approval
Notice to all prospective tenants of Prior to acceptance of any To be determined prior to
option to purchase/tennination of rent or deposit from the approval of Final Map
tenancy - "Form E" prospective tenant
90-day Notice to all existing For a period of 90 days after To be determined prior to
tenants of option to issuance of the Public Report approval of Final Map
purchase/termination of tenancy - from the Department of Real
"Form F" Estate
180-day notice to all existing 180 days prior to termination 180-day notices were sent
tenants of intent to of tenancy certified mail to existing
convert/termination of tenancy - tenants September 3,2005.
"Form G"
HomebuverlRelocation Assistance:
The applicant has provided the following regarding assistance to tenants during the
condominium sales process (See Homebuyer Assistance letter, (Attachment F):
1. All tenants in occupancy when the project sales office is ready to open will be
contacted and informed of their ability to acquire their unit. Based on current
price estimates, the Applicant believes that most if not all tenants will be able to
acquire their units (subject to lender approval) at an after-tax monthly cost
comparable to their current rental payment. Specific pricing and payment data
will be provided to tenants and a meeting held to answer their questions.
2. If tenants choose to purchase their unit, a discount from the "market" price will be
given to them to assist in their closing, in an amount from $2,000 to $4,000, and
will be offered to all tenants consistently.
3. Tenants who choose to not buy their unit but who wish to continue renting will be
allowed to remain in their unit, on a month-to-month basis until their unit is
required for sale to the public. Additionally, they will receive priority to rent
Page No.6, Item:_
Meeting Date: 3/22/06
another unit in the complex, if one is available.
4. A referral list of available rental units will be made available to tenants prior to
their lease expiration. The list will be generated by the Community Development
Department (CDD) or, if not available from CDD, by the Applicant.
The applicant is not providing any relocation assistance to renters who choose not to
purchase their unit. Applicant has noted that due to Missions at Sunbow's current rents,
which are higher than most projects in the region, it is believed that few if any tenants
will have difficulty finding a new rental unit at a comparable or lower rent. Staff has
included a condition of approval requiring that the applicant provide evidence that the
requirements of the homebuyer assistance program have been satisfied prior to approval
ofthe final map.
Property Condition Assessment Report
Because the apartment complex was built under the 1998 Uniform Building Code, a
"Physical Condition Report" is not required; however, the Applicant did submit one, which
lists a recommendation to address fire sprinkler systems without annual inspection tags
posted (see Attachment G, "Property Condition Report - Executive Summary"). Staff has
incorporated this recommendation in the 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 EXISTING CONDITION PROPOSED CONDITION
Air conditioning Individual units and No change proposed.
thermostats.
Heating Individual electric units and No change proposed.
thermostats.
Water heaters Individual 40-gallon gas water No change proposed.
heater.
Gas meters Individual gas meters. No change proposed.
Electric meter Individual meters. No change proposed.
Water HOA HOA
Sewer HOA HOA
*Cab1e Individual unit. No change proposed.
* Telephone Individual unit. No change proposed.
*Not covered in the HOA
Page No.7, Item: _
Meeting Date: 3/22/06
The maintenance and monthly payment of the utilities would be addressed in the
project's CC&Rs. 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 PC Planned Community (RC Residential Condominiums per the
Sunbow II SPA), the Chula Vista Design Manual, and the 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 480 square feet of common usable open space per 3-
bedroom unit and 400 square feet per 2-bedroom or I-bedroom unit; therefore, the project
must provide a minimum of 136,960 square feet of open space. This project provides
139,866 SF of open space, which is an excess of 2,900 SF. The existing open space
includes private patios or balconies on all units, a 6,626 SF common open space
comprising the club and leasing area, and approximately 108,250 SF of landscaped and
usable open space 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: The locations of existing on-site fire hydrants have the approval of
the Fire Department and shall not be relocated.. 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 project was constructed in 2003 under the 1998
Uniform Building Code. The Building Department reviewed the "Property
Condition Assessment Report" prepared by Land America Commercial Services,
and found that the Project will satisfy the Building Code requirements if the
recommended improvements are constructed or put in place. These requirements
are generally described in the Property Condition Assessment Report Executive
Summary, and implementing conditions of approval specified in Attachment C, the
attached Draft City Council Resolution of Approval.
Page No.8, Item:_
Meeting Date: 3/22/06
C. Storage: Section 15.56.020 requires adequate storage area for each unit. Three-BR
units require 250 cu. ft. of storage, 2-BR units require 200 cu. ft., and I-BR units
require 150 cu. ft. Existing and proposed storage space is provided for the project,
including interior closets, utility closets, and garages, although all units may not
have the full amount of required storage. The Applicant has provided some
information regarding the cu. ft. contained in each unit type but it is not entirely
clear as to what type of storage is provided, i.e., the dimensions of the space and
whether it's a shelf above the laundry appliances, a portion of a laundry room or hot
water utility closet, or a linen closet. All units have hot water heater utility closets
off their patio or balcony. Because the project is relatively new (constructed in
2003), it is not proposed to change out the water heaters; however, in other
condominium conversion projects, other developers have changed out to tankless
hot water units, which frees up much more space in the utility closets.
Per CYMC section 15.56.070, in considering tentative maps for condominium
development and evaluating the manner in which storage space is provided, the
Planning Commission may recommend and the City Council may approve
departures from the stated standards after review of each proposal. Departures shall
be based on the merits of the individual project when good cause can be shown. In
this case, staff supports that the Planning Commission recommend such a departure
with a condition that for the Final Map the Applicant shall provide all cabinet,
shelving, and closet dimensions to prove that the storage meets all minimum
dimensioning requirements.
The merits of this project are that it provides excellent community amenities (a
6,600 sq.ft. community clubhouse that includes a "great room" meeting facility, a
game room with pool, shuffleboard, and other activities, a full kitchen for parties, a
swimming pool, a tot lot, a fully equipped state-of-the-art fitness center, a private
theater with 20 seats, and a business center with computers, copiers, printers, and
fax machines for residents). The individual units also have desirable amenities,
including 9-ft ceilings; designer kitchen cabinets and countertops; full appliance
packages (washer/dryer, refrigerator, dishwasher, disposal, and microwave ovens);
walk-in closets; oversized garden-style bathtubs; interior decorator finishes (crown
moldings and ceiling fans); individual unit intrusion security alarms; sound
proofing construction; private open space (patio or balcony); and 184 units with
garages providing direct interior entrances to the attached unit. The project
proposes to add 100 cubic feet of storage to the 184 tuck-under individual garages.
Staff believes that the merits of this project, as listed above, compensates for the
possible shortfall of storage space in some of the units, meets the overall qualities
desired by the City in its condominium housing product, and will provide high
quality for-sale multi-family units desirable to the public.
If the Planning Commission and City Council are not comfortable with taking
Page No.9, Item:_
Meeting Date: 3/22/06
advantage of CYMC section 15.56.070, it is suggested that a possible condition of
approval could be to change out the existing hot water heaters for tankless hot water
units, thereby freeing up more of the exterior utility closet space for the required
storage.
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: This project went through Design Review in
December 2000 as part of the original development application. All the original
Design Review conditions regarding lighting were fulfilled to the satisfaction of the
City, including conformance with Section 17.28.030 and 17.28.040 of the
Municipal Code.
F. Off-street parking: Per the Sunbow SPA parking requirements, 1- BR units need 1.5
parking spaces, 2-BR units 2 parking spaces, and 3-BR units 2.5 parking spaces.
The Project meets the Sunbow SPA parking requirement, providing a total 625
parking spaces, consisting of 184 parking stalls in the "tuck-under" parking
garages, 170 carport stalls, and 271 open spaces. Twelve handicapped spaces are
included in the total.
G. Design Guidelines: It has been determined that since this project went through
Design Review in December 2000 as part of the original development application,
no further Design Review is required. All the original Design Review conditions
regarding site design, architecture, landscaping, fencing, lighting, and other design
elements were fulfilled to the satisfaction of the City and any other applicable
agencIes.
H. Separate Service Meters: Each unit has individual electric and gas 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.
I. 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 to address fire sprinkler systems without
annual inspection tags posted. Staff has included the report recommendations as
conditions of approval in Attachment C, the draft City Council Resolution.
Page No. to, Item:_
Meeting Date: 3/22/06
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 06-02
recommending that the City Council approve the proposed Tentative Map PCS 06-02.
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:
\. Tentative Map (3 sheets)
2. Site Plan (2 sheets)
3. Unit Storage Areas
E. Noticing Documentation
F. Homebuyer Assistance Program
G. Property Condition Assessment Report - Executive Summary
H. Disclosure Statement
J :\Planning\Case Files\-06 (FY 05-06)\PCS\PSC-06-02\Staff Reports\PC\PCS-06-02]C AGENDA ST A TEMENT3-
16.doc
Al1ACtt l"\1:.Nl A
RESOLUTION NO. PCS-06-02
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE A TENTATIVE MAP
TO DIVIDE INTEREST IN 14.58 ACRES AT 825 EAST PALOMAR STREET FOR A
ONE-LOT CONDOMINIUM CONTAINING 336 RESIDENTIAL UNITS (LDM
SUNBOW, LLC).
WHEREAS, on September 9,2005, a duly verified application was filed with the City of
Chula Vista Planning and Building Department by the LDM Sunbow, LLC ("Applicant"), requesting
approval of a Tentative Subdivision Map to convert 336 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
14.58 acre lot located at 825 East Palomar Street ("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 March 22, 2006,
as set forth in the record of its proceedings herein by reference as is set forth in full, made certain
findings, as set forth in their recommending Resolution PCS-06-02 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.,
March 22, 2006, in the City Council Chambers in City Hall, Chula Vista Civic Center, 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.
Al1j\Cft MBNT 0
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VIST A, CALIFORNIA, this 22nd day of March, 2006, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
Chairperson
ATTEST:
Diana Vargas, Secretary
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 14.58 ACRES AT 825 EAST PALOMAR
STREET FOR A ONE-LOT CONDOMINIUM CONTAINING
336 RESIDENTIAL UNITS - LDM SUNBOW, LLC.
I. RECITALS
A. Project; Application for Discretionary Approval
WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on
September 9, 2005, with the City of Chu1a Vista Planning and Building Department by the
LDM Sunbow, LLC ("Applicant") requesting approval of a Tentative Subdivision Map to
convert 336 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.
06-02, Tentative Subdivision Map, and for the purpose of general description herein consists
of 14.58 acres located at 825 East Palomar Street ("Project Site"); and
C. Prior Discretionary Approval and Recommendations
WHEREAS, the development of the Project Site has received the following discretionary
approvals and recommendations: 1) Planning Commission recommendation of approval of
PCS-02-06, Tentative Subdivision Map for a 336-unit condominium conversion on March
22,2006; and
D. Planning Commission Record of Applications
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
March 22, 2006, and after hearing staff s presentation and public testimony voted 0-0-0 to
recommend that the City Council approve the Project, in accordance with the findings and
subject to the conditions listed below; and
E. Council Record of Applications
WHEREAS, the City Clerk set the time and place for the public hearing on the Project's
tentative subdivision map application; and notice of said hearing, together with its purpose,
was given by its publication in a newspaper of general circulation in the City, its mailing to
property owners within 500 feet of the exterior boundary of the project and its mailing to the
current tenants residing at 825 East Palomar Street, 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 April 25, 2006, in the Council Chambers in City
Hall, Chula Vista Civic Center, 276 Fourth Avenue, at 6:00 p.m. to receive the
A11 ACt\- MtN-r ~
Resolution No. 2005-
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 March 22, 2006, 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 825 East
Palomar Street, 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 High (11 - 18 dwelling units/acre) and is located within the
Sunbow II Section Planning Area (SPA), where it is designated Residential
Condominium. Under the Sunbow II SPA, the project site was designated for 206
dwelling units, but through a SPA amendment (PCM 01-04) this amount was
increased to 336 dwelling units and developed at a density of 23 dwelling units/acre.
Density transfers are allowed with the SPA's planning areas; therefore, 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
2
Resolution No. 2005-
The Project is consistent with the density prescribed within the Sunbow Villas II
Sectional Planning Area (SPA) Plan (as amended by PCM-OI-04) and provides
attached condominium units for individual ownership. The conversion of 336
apartment units to 336 condominium units creates additional opportunities for
residential ownership.
4. ()Pen Space
The Project includes adequate, existing on-site open space areas in the form of private
open space for each unit (patio or balcony) as well as landscaped common open space
areas and a 6,600 sq.ft. community clubhouse (including a meeting facility, a game
room, a full kitchen), swimming pool, tot lot, fitness center, private theater with 20
seats, and business center 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 March 18, 2005, prepared by LandAmerica Commercial Services,
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.
3
Resolution No. 2005-
C. Storage: Section 15.56.020 requires minimum storage area for each unit. The City
Council finds that the merits of this project compensates for the possible shortfall of
storage space in some of the units, meets the overall qualities desired by the City in its
condominium housing product, and will provide high quality for-sale multi-family units
desirable to the public.
If the Planning Commission and City Council are not comfortable with taking advantage
of CVMC section 15.56.070, it is suggested that a possible condition of approval could
be to change out the existing hot water heaters for tankless hot water units, thereby
freeing up more of the exterior utility closet space for the required storage.
D. Housing Code: The Project will be required to comply with housing inspection
requirements.
E. Protective Lighting Standards: This project went through Design Review in December
2000 as part of the original development application. All the original Design Review
conditions regarding lighting were fulfilled to the satisfaction of the City, including
conformance with Section 17.28.030 and 17.28.040 of the Municipal Code.
F. Off-street parking: Per the Sunbow SPA parking requirements, I-BR units need 1.5
parking spaces, 2-BR units 2 parking spaces, and 3-BR units 2.5 parking spaces. The
Project meets the Sunbow SPA parking requirement, providing a total 625 parking
spaces, consisting of 184 parking stalls in the "tuck-under" parking garages, 170 carport
stalls, and 271 open spaces. Twelve handicapped spaces are included in the total.
G. Design Guidelines: It is determined that since this project went through Design Review in
December 2000 as part of the original development application, no further Design
Review is required. All the original Design Review conditions regarding site design,
architecture, landscaping, fencing, lighting, and other design elements have been fulfilled
to the satisfaction of the City.
H. Separate Service Meters: Each unit has individual electric and gas 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.
I. 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: CVMC Section 19.28.090 requires 480 square feet of common usable open
space per 3-bedroom unit and 400 square feet per 2-bedroom or I-bedroom unit;
therefore, the project must provide a minimum of 136,960 square feet of open space.
This project provides 139,866 SF of open space, which is an excess of 2,900 SF. The
existing open space includes private patios or balconies on all units, a 6,626 SF common
open space comprising the club and leasing area, and approximately 108,250 SF of
landscaped and usable open space area.
4
Resolution No. 2005-
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. 06-02 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. 06-02,
Missions at Sunbow.
IX. SPECIAL CONDITIONS OF APPROV AL
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 March 22, 2006. 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
5
Resolution No. 2005-
the presentation of the schedule for the phasing of the conversion of the apartments to
condominiums.
4. The Applicant shall comply with all applicable noticing 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. 10-day Notice to all existing tenants of Final Map approval- "Form D".
c. Notice to all prospective tenants of option to purchase/termination of tenancy -
"Form E.
d. 90-day Notice to all existing tenants of option to purchase/termination of tenancy -
"F orm 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. 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.
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. 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 proposed units do not
inadvertently violate Sections 17.24.040 and 17.24.050 of the Chula Vista Municipal
6
Resolution No. 2005-
Code. Testing results and any improvements needed for adequate nOIse buffering
purposes shall be included on the plans submitted for building permits.
10. Applicant shall provide all cabinet, shelving, and closet dimensions to prove that the
storage meets all minimum dimensioning requirements.
DRAINAGE/NPDES
11. All onsite drainage facilities shall be private.
12. The Developer shall comply with all of the applicable provisions of the Storm Water
Management and Discharge Control Ordinance (Chapter 14.20 of the Chula Vista
Municipal Code), the Development and Redevelopment Project Storm Water
Management Standard Requirements Manual (approved by Council Resolution 2002-
475), and the City of Chula Vista SUSMP to the satisfaction of the City Engineer.
(Engineering)
13. Prior to the approval of the first map for the Project, or issuance of the first grading
permit for the Project, whichever occurs earlier, Applicant shall enter into an agreement
with the City of Chula Vista, wherein the Applicant agrees to the following:
a. Comply with the requirements of the new Municipal Storm Water Permit (Order
No. 2001-01) issued by the San Diego Regional Water Quality Control Board
including revision of plans as necessary.
b. Indemnify, and hold harmless the City, its elected and appointed officers and
employees, from and against all fines, costs, and expenses arising out of non-
compliance with the requirements of the NPDES regulations, in connection with
the execution of any construction and/or grading work for the Project, whether the
non-compliance results from any action by the Applicant, any agent or employee,
subcontractors, or others. The applicant's indemnification shall include any and
all costs, expenses, attorney's fees and liability incurred by the City.
c. To not protest the formation of a facilities benefit district or any other funding
mechanism approved by the City to finance the operation, maintenance,
inspection, and monitoring of NPDES facilities. This agreement to not protest
shall not be deemed a waiver of the right to challenge the amount of any
assessment, which may be imposed due to the addition of these improvements and
shall not interfere with the right of any person to vote in a secret ballot election.
14. 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. The
WQTR shall address the following source control and treatment control measures:
7
Resolution No. 2005-
Homeowner Outreach, Lawn and Gardening Practices, Integrated Pest Management,
Water Conservation, Hazardous Waste Management, Storm Drain Marking, Trash
Management, Street Sweeping, and Runoff Pre-treatment BMPs.
15. 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.
16. 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.
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.
111. Such Applicant obligation shall be reassigned to a Master Homeowner's
Association or other appropriate long-term maintenance agreement subject
to the approval of the City Engineer.
c. Installing and using efficient irrigation systems and landscape design; more
specificall y:
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.
8
Resolution No. 2005-
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
18. 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 Medical Center Drive.
19. The Developer/Owner shall establish a homeowners association to fund and oversee a
contract for the maintenance of the onsite private sewer system. The frequency of
maintenance of the sewer system shall be contained in the provisions of the Codes,
Covenants & Restrictions (CC&Rs). The City Engineer and Director of Public Works
shall approve the provisions of the CC&Rs regarding the on site private sewer system
STREETS
20. Streets and driveways within the development shall be private.
21. The Applicant shall submit an engineering report demonstrating that the driveway along
the project frontage is in compliance with the current ADA pedestrian access route
requirements. If any work is determined to be required, 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. In addition Developer shall replace an existing pedestrian ramp on Medical Center
Dr. per Chula Vista Standards Drawings 25-28
CC&RS
9
Resolution No. 2005-
22. Submit Codes, Covenants, and Restrictions ("CC&Rs") as approved by the City Attorney
to the City Engineer and Director of Planning and Building for approval prior ot 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, 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. A listing of all private facilities.
d. 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 ofthe HOA, including but not limited to private sewer spillage.
e. The City's right but not the obligation to enforce CC&Rs.
f. An insurance provision requiring the HOA to maintain a policy of comprehensive
general liability insurance written on a per-occurrence basis in an amount not less
than one million dollars ($1,000,000) combined single limit. The policy shall be
acceptable to the City and name the City as additional insured.
g. The City must approve any revisions to provisions of the CC&Rs that may
particularly affect the City. Furthermore, the HOA shall not seek approval from the
City of said revisions without the prior consent of one-hundred percent (100%) of the
holders of first mortgages and one-hundred percent (100%) of the property owners -
unless the Director of Planning and Building waives this requirement.
h. The HOA shall not seek to be released by the City of any maintenance obligations
without the prior consent of the City and one-hundred percent (100%) of the holders
of first mortgages and one-hundred percent (100%) of the property owners - unless
the Director of Planning and Building waives this requirement.
1. Implement an education and enforcement program to prevent the discharge of
pollutants from all on-site sources into the storm water conveyance system.
J. The HOA shall maintain, in perpetuity, membership in an advance notice
service/system such as the USA Dig Alert Service and shall cause any private
facilities of the property owners or HOA to be marked out whenever work is
performed in the area.
10
Resolution No. 2005-
k. The CC&Rs shall include NPDES prOVISIons for the perpetual and routine
maintenance of structural BMPs, private sewer and storm drain facilities for the
purpose of preventing and in such a manner as to prevent the discharge of non-storm
water pollutants to the public storm water conveyance system. The CC&Rs shall
include the requirement to maintain records for the past 10 years of BMP
implementation, inspections, and maintenance activities.
I. The HOA shall fund and oversee a contract for the inspection and 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.
m. Trash and Recycling program requirements shall be incorporated into the project
CC&Rs to the satisfaction of the City's Conservation Coordinator.
n. Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance,
and shall be recorded concurrently with the final map.
o. Fire service lateral and water supply to buildings, including the on-site fire hydrant,
must be maintained and operational at all times to the satisfaction of the Fire
Marshall.
p. Include detailed text and map graphics in the CC&Rs to inform potential
condominium owners that the Sharp Hospital site, located north of the project, is
master planned to have additional structures that will be constructed in the future.
23. 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
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.
11
Resolution No. 2005-
EASEMENTS
24. All existing easements and irrevocable offers of dedication shall be shown on the Final
Map. A title report dated within 60 days of submittal of the Final Map shall be submitted
together with backing documents for all existing public utility easements and offers of
dedication. Developer shall submit evidence of noticing to all existing public utility
easement holders within the project boundaries as required by the Section 66436 of the
Subdivision Map Act.
AGREEMENTS
25. Payoff any unpaid balance for the 825 East Palomar Tentative Map Deposit account
DQ1252 and Project account CA314.
26. 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
27. Pay all costs associated with apportionment of assessments for all City assessment
districts as a result of subdivision of lands within the boundary prior to approval of the
each Final Map. Submit an apportionment form and provide a deposit as determined by
and to the City to cover costs. (Engineering)
28. Applicant shall secure in accordance with Section 18.16.220 of the Municipal Code, as
necessary, the construction and/or construct traffic signal at the cross section of East
12
Resolution No. 2005-
Palomar Street and Medical Center Court, as may be amended from time to time as
deemed necessary to provide service to the subject subdivision. Said improvements shall
include, but not be limited to traffic signals and signs. The Applicant agrees to construct,
and/or provide security for traffic signal interconnect conduit and all appropriate wiring.
(Engineering)
a. 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 operation of cable television companies as
same may have been, or may from time to time be issued by the City of Chula
Vista.
b. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83).
c. 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.
d. Submit a conformed copy of a recorded tax certificate covering the property prior
to approval ofthe 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
any interior upgrades and improvements specified in Attachment C to the satisfaction of
the Director of Planning and Building.
3. 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.
4. All lighting shall meet the protective current lighting standards of the current Uniform
Building Code.
5. So as to ensure compliance with Section 17.24-.40 and 17.24.050 of the Chula Vista
Municipal Code, Applicant shall show that walls and ceilings meeting the current
13
Resolution No. 2005-
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. Anyon-site sales or leasing office shall obtain a Conditional Use Permit.
x. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or 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-06-02 - 825 East PalomarlResolutions\PCS _06-02_ CC _ RES03-13.doc
14
NOTICING DOCUMENTATION
Sample Notification Letters to Tenants
AT\JAC tt 1"\ em .-e-
Sep. 6. nc!~ 5:07PM
M!SSIONS AT SUN80W
.
MISSIONS at SUNBOW
September 2, 2005
Mr. Michael Panissidi 619i299-8181 facsimile
Del Mar Padtic Group, LLC
3990 Old Town Avenue, Suite A-200
san Diego, CA 92110
Re: Condo Conwrsion Notices
Dear Mr. Panissidi:
1'-10.2627 p. 2
:_'.M'.,
.'
.\
, ,
~ .
This letter serves as confilTTlation that the 6O~y notices, 1 ~ay notices and the Notice of Application
for Public Report that we received from YOur offICe were posted on all occupied units on June 4, 2005.
Th~ notices were haod-<ie!ivered by Missions at Sunbow staff membern and posted on all applicable
front dOOfS.
You may contact me at 619/628-8583 if you have any further questions or concems.
Sincerely,
Cj1~ ~
Michelle Sites 0
property Manager
825 1:_ P<Jlom:ar Street
Chul3 Vist3, CA 91911
P:(619)62S-8S83
r: (619)628-8584
W\\w.nlorgangrOlJp.CQm
LDM SUNBOW, LLC
June 4, 2005
Re: THE MISSIONS AT SUNBOW
Dear Tenant,
Weare working with the current owners of the project to commence the process of
converting The Missions at Sunbow into condominiums. Owners are required by law to
provide tenants with various notices relating to the conversion process, so you may
expect to receive such notices in the next several months. The conversion process is
relatively lengthy and it could conceivably take a year or more to complete.
Enclosed please find the 60-Day and 180-Day notices, as well as the Notice of
Application for Public Report. The 60-Day Notice is simply a notice stating the owner's
intention to begin the conversion process with the City of Chula Vista. The enclosed
notice is not a notice to vacate your unit, and it does not change the terms of your current
rental agreement. We want to assure you that there is no intent to terminate your tenancy
due to the conversion process; therefore, we have also included the 180-Day notice.
We wish to ease any concerns you may have regarding the lengthy conversion process
and encourage you to please call either Sam Holty with Loma Corporation at (619) 544-
9100 or Mike Panissidi with Del Mar Pacific Group at (619) 299-8100 to answer any
questions you might have.
Thank you for your cooperation.
LDM SUNBOW, LLC
NOTICE TO TENANTS OF INTENTION TO CONVERT TO CONDOMINIUMS
To: All Lawful Tenants of The Missions at Sunbow
Concurrently with this notice, we notified you that we applied for a tentative map with the City
of Chula Vista to authorize the conversion of this project to condominiums. Weare required by
law to provide you with this notice at this time, and to inform you that if the condominium
conversion is approved you may be required to vacate your Unit. However, you will have a
minimum of 180 days from the date of this letter before you will be required to move.
Please note that this is not a notice of termination or cancellation of your lease. No units may be
sold in this building unless the conversion is approved by the City and until after a public report
is issued by the Department of Real Estate. You may continue to lease and occupy your unit
upon the terms set forth in your lease. Furthermore, during the mapping process, you will be
given notice of each hearing for which a notice is required pursuant to Sections 66451.3 and
66452.5 of the Government Code. You will have the right to appear and the right to be heard at
any such hearing.
Thank you for your continuing residency at this project. If you have any questions or comments,
please do not hesitate to contact either Sam Holty at (619) 544-9100 or Mike Panissidi at (619)
299-8100.
LDM SUNBOW, LLC
Date: June 4, 2005
NOTE: In no event will your lease be terminated prior to its expiration due to the
conversion process.
60 Day Notice of Filing Tentative Map for Conversion
To: All Lawful Tenants of The Missions at Sunbow
The owners of The Missions at Sunbow, Chula Vista, CA 91911 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
66452.5 of the Government Code. You have the right to appear and the right to be heard at any
such hearing.
No units may be sold in this building unless the City approves the conversion maps and until
after a public report is issued by the Department of Real Estate. Should the condominium
conversion project be approved, tenants may be required to vacate the premises.
In the event that the owner commences a sales program while you are still lawfully a resident at
the property, you will be given various notices and a right of fIrst refusal to purchase your unit as
required by law.
Thank you for your continuing residency at The Missions at Sunbow. The tentative map
application is just the first step in a lengthy process. If you have any questions or comments,
please do not hesitate to contact either Sam Holty at (619) 544-9100 or Mike Panissidi at (619)
299-8100.
LDM SUNBOW, LLC
Date: June 4, 2005
NOTICE OF APPLICATION FOR PUBLIC REPORT
Date: June 4, 2005
To: All Lawful Tenants of
The Missions At Sunbow
Chula Vista, CA 91911
Weare writing to inform you that an application has been filed with the California Department
of Real Estate for a Public Report pertaining to the sale of condominium units in the Project. If
the owners receive the Public Report, a copy will be available for your review upon request.
Thank you for your continuing residency at The Missions at Sunbow. If you have any questions
or comments about this notice, or any other matters related to this process, please contact either
Sam Holty at (619) 544-9100 or Mike Panissidi at (619) 299-8100.
LDM SUNBOW, LLC
LDl\'1 SUNBO\V, LLC
June 4, 2005
Re: THE MISSIONS AT SUNBO\V
. Dear Tenant,
We are working with the current owners of the project to commence the process of
converting The Missions at Sunbow into condominiums. Owners are required by law to
provide tenants with various notices relating to the conversion process, so you may
expect to receive such notices in the next several months. The conversion process is
relatively lengthy and it could conceivably take a year or more to complete.
Enclosed please find the 60-Day and 180-Day notices, as well as the Notice of
Application for Public Report. The 60-Day Notice is simply a notice stating the owner's
intention to begin the conversion process with the City of Chula Vista. The enclosed
notice is not a notice to vacate your unit, and it does not change the terms of your current
rental agreement. We want to assure you that there is no intent to terminate your tenancy
due to the conversion process; therefore, we have also included the 180-Day notice.
We wish to ease any concerns you may have regarding the lengthy conversion process
and encourage you to please call either Sam Holty with Lorna Corporation at (619) 544-
9100 or Mike Panissidi with Del Mar Pacific Group at (619) 299-8100 to answer any
questions you might have,
Thank you for your cooperation.
LDM SUNBO'V, LLC · .
COr-,'DO~1INfLyI CONV"ERSI0r---S- FORlYf G
ISO-DAY
NOTICE TO EXISTING TENA."-t"T
OF .L.'ITE)rf TO COr-,v'"ERT/TF.R~ONATION OF TEN-,,\.:.~CY
To me occupanc(s) of:
~ ,I/IISf/445 Ar ...s;,..,J1,H..J C)/.
(address) 91 <1/ J
(apar:m.ent #)
The oW1J.':~r(s) ofLbis bu:J.ding.::'1: ~!?I;-...r:sll~"f "'rJ~~ Cl% 7J9/3(address), h:..ve obtziD.;:d
all necessary .1pp~ovals fr::ml th~ City of Chula Vi5"..a and Depa..CUlent or Real Estate. A..fter the approval or
tb~ Building Pe:pnit, the owner Carl begin the constructioo. process of converting the W1its into
condominium, if cl1aIlg~s aTe being proposed. The O"Wlle:' has the right .0 t~::minare your lease or renul
agreement on or:aft~ 180 days of the date of this notice_ Plea.sc vc:ri:)' with the ov.-n~r or owner's agent of
me anticipateci rri.~ve out d;;.te if you have not purchased ym:r unit. Te-"'...:2.I"_ts who b.2.ve purchased their ur.its
may aiso be r~quired to tempor-a..-y move out du.rin.g the constrtlc:ioLl. p~e_
t - L-: t?J--
C d.at:::)
(SC<:1:lD~ 66427.1 (c)cf me Gove=n:: Code)
CONDOlYl:0tIIDl COi:'f\-'r:l~SIOl'iS- FORM A
60-DAY
r,-OTICE TO EXISTTh"G TEK~"\l
OF INTEl\"T TO CO~"'\-"ERT
To the occuP:J.Ut(~) of:
~;S #/PJ)Do,5 #r .s~4<5~~ t;JI. 9/9/?
(address) (;;.p~eD.t #)
, f/t/:J
The ov,'ner(s) of t.1,is building, at J#;S ~/~.J' r4F Sh";~ ()/ (add.!e$S.), pLans to file a
Design Review and T~!:.3.tive/Parcel Map a:pplic2rion with ~e Ciry ofChula Vista 'to conyer. thi$ bu.ilcii:ug
to a conciomiJe..l:1::::l project. Yau shall be giycn noti.c~ of each. :c.cw...."1.g for WIDch. TIO bee is required pursuant
to Sect:ioIlS 66451.3 and 66452.5 of the Goverp...I!l;:nt Code. and you have the rigllt to appear 2..'1.d t.~e right
to be he:lI'd. at a..T'!;y' such hearing. The owne: or oWTIer's agent shall provide a. toW of five (5) ruffere::J.t
~otic::s tbroughout:the approyal process to each tc:;n:!.Ilt prior to th~ teD..ant vacarmg tht: premises due to t.~e
cot:!.verslon. Y.!:e City of C:mla 'list!. will notl...-:,; each t.:r.ant of all tb.re~ (3) public he3rings
(Desig:1 Re'/!.ew Commict~, PL:m.ning Commission., 2!1d. City C6uncil) :or the . ct -<pprav 1.
'" --..
( date)
(Sc:::iot! 66427.:(;1) &:. 66452.9 of the Gove:n.'T!cn, Corle)
.LOMA
CORPORATION
February 24, 2006
CITY OF CHULA VISTA
c/o Ms. Danielle Putnam
RBF CONSULTING
9755 Clairemont Mesa Boulevard, Suite 100
San Diego, CA 92124
RE: MISSIONS AT SUNBOW / RENTER RELOCATION ASSISTANCE
Dear Ms, Putnam:
Pursuant to your request, the following outlines the steps we are planning to take to assist the
tenants at The Missions at Sunbow during the condominium sales process,
1. All tenants in occupancy when the project sales office is ready to open will be contacted
and informed of their ability to acquire their unit. Based on current price estimates, it is
believed that most, if not all, of the tenants will be able to acquire their units (subject to
lender approval) at an after-tax monthly cost comparable to their current rental payment.
Specific pricing and payment data will be provided to them, and a meeting will be held to
answer their questions.
2. If they choose to buy their unit, a discount from the "market" price will be given to them
to assist in their closing, This amount will range from $2,000 - $4,000 and will be offered
to all tenants consistently,
3. Tenants who choose not to buy their unit, but who wish to continue renting, will be
allowed to stay in their unit, on a month-to-month basis until their unit is required for sale
to the public. Additionally, they will receive priority to rent another unit in the complex,
if one is available.
4. A referral list of available rental units will be made available to tenants prior to their lease
expiration, The list will be generated by the Community Development Department or, if
they do not have one, by the applicant.
It should be noted that, due to its new construction and high quality, The Missions at Sunbow has
current rents that are higher than most projects in the region. Therefore, few (if any) tenants will
have difficulty finding a new rental unit at a comparable, or lower, rate.
A1TACHMtN\ f
.....
7r::.n D C...rn....+ C..i+.... 1')~7n . C'''''P'II ni"'"..... "A n'11n1 .T....I. IC"1n\ CAA n"inn _ r~... ff"""'4n\ rAA ""'..,..
Ms Danielle Putnam
February 24, 2006
Page Two
We are confident these steps will ease the transition of the tenants at The Missions at Sunbow,
Hopefully, many will choose the option of ownership and will not have to move at all.
We are available to answer any questions you may have,
Sincerely,
LOMA CORPORATION
AS AGENT FOR LDM, SUNBOW LLC
J
William R. Hamlin
President
\\IRH:t)
896 wrh
1rA~ landAmerica'
_ Commercial Services
Prepared For
DEL MAR PACIFIC GROUP, LLC
3990 OLD TOWN AVENUE, SUITE A 206
SAN DIEGO, CALIFORNIA 92110
@~ ~fJ ~~~I
UIJi SEP 0 9 2005 fIUIJ.
ilt)
-J
PLANNING i
PROPERTY CONDITION REPORT
MISSION AT SUNBOW APARTMENTS
825 East Palomar Street
Chula Vista, California 91911
Date Issued: March 18, 2005
LAC Project Number 05-24702.1
A1\ACH Mfi'41 6r
...~" LandAmerica'
- Commerdal Services
PROJECT SUMMARY
mediat
TOPoQraphy X NM
Storm Drain System X NM
Parkino Pavement, Curbs & Gutters X X RR $35,721
Sidewalks X NM
Utilities X NM
Landscapino X NM
Site Liohtino X NM
Site & Buildino SionaQe X NM
Recreational Facilities/Amenities X RR $12,200
l~mRI~]t!J~BiS!:jff
Foundations X NM
Structural Svstem Indudino Floors X NM
Exterior Walls, Patch & Paint X RR $201 ,600
Windows & Frames X NM
Exterior Doors & Frames X NM
Stairs (Interior & Exterior) X NM
Balconies & Upper Floor Walkways X NM
Roof Coverinos X NM
Roof Drainaoe X NM
IMe~lif~fin~~~I:Jf;I~Jii~l~t~~i!~18!k'1>Malt'f
HVAC X RR $22,400
Electrical X NM
EmerQencv Generator NA
Hot & Cold Water Distribution
System X NM
Water Heaters X RR $21,000
Elevators/ Escalators NA
Fire Suporession Svstems X X IR, NM $1,500
Common Area Finishes X NM
Dwelling Unit Finishes (Floors,
Appliances, Etc,) X RR $431 ,480
Interior Doors & Frames X NM
Common Area Accessibility Including
Restrooms X NM
*Action: NM = Normal Maintenance, IR = Immediate RepairlReplacement, RR = Replacement Reserves, NA = Not Applicable, **Un-inflated
Values, NA=Not Applicable
$1,500
$724,40] $886,985 $] 80 $220 Table 2
This table displays the estimated costs. The estimated costs are preliminary and are based upon LAC'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
LAC PROJECT NO. 05-24702.1
~, landAmerica"
.. Commercial Services
EXECUTIVE SUMMARY
A property condition assessment was performed by LandAmerica Assessment Corporation (LAC) on the
Mission at Sunbow Apartments property located at 825 East Palomar Street in Chula Vista, California
(Subject Property). The assessment was conducted on March 1,2005. The Subject Property consists of a
generally rectangular-shaped parcel that totals approximately 14.59 acres in size and is situated on the
north side of 825 East Palomar Street, approximately two miles east of Highway 805. The Subject
Property is improved with 21 three-story multi-family residential buildings that contain a total of 336
apartment units and a net rentable building area of approximately 336,690 square feet.
General Description
Building permit research indicates that the subject buildings were constructed in 2003. Current building
improvements include conventional wood frame structures constructed above on grade reinforced
concrete footings and slabs. Conventional floor and roof joist systems are employed on the three-story
apartment buildings. Each apartment building has "tuck under" garage parking spaces, which are
constructed of wood framed walls supporting wood beams and the second floor deck. Exterior walls of
the building are finished with stucco. Concrete tile shingles are employed on the buildings' roofs.
The Subject Property provides parking for 625 automobiles. There are 184 parking stalls in the "tuck-
under" parking garages, 170 carport stalls, and 271 open spaces.
Typical interior finishes include spray textured painted drywall walls and ceilings. Stained kitchen
cabinets with plastic laminate counter tops are standard throughout the rental units. Floor finishes include
wall to wall carpeting and sheet vinyl flooring in kitchens and baths.
1-Bedroom/1-Bath
2-Bedroom/2-Bath
2-Bedroom/2-Bath
2-Bedroom/2-Bath (w / ara e)
2-Bedroom/2-Bath (w / ara e)
2-Bedroom/2-Bath
3-Bed room/2 -Bath
126
26
26
42
42
42
32
724
1,111
1,114
1,172
1,162
1,122
1,327
The Subject Property is zoned PC-RLM, Planned Community Residential Low-Medium Density by the
City of Chula Vista Planning Department. The subject improvements appear to be developed in
accordance with the designated zoning.
PROPERTY CONDITION REPORT
2
LAC PROJECT NO. 05-24702,1
~~ LandAmerica'
- Commercial Services
General Physical Condition
The Subject Property was observed to be in good overall condition. Adequate maintenance of the Subject
Property's major systems, components and equipment appear to be in place including appropriate
preventative maintenance.
Conclusions/Recommendations
Deferred maintenance items and physical deficiencies that are considered significant and require
immediate repair expense include fire sprinkler systems without annual inspection tags posted. Minor
deficiencies requiring repair/maintenance are discussed in the appropriate section within this report.
Capital replacement reserves over the tenn of this report will be required for items such as asphalt
pavement seal coating, parking staU striping, swimming pool/spa plaster liner resurfacing, swimming
pool/spa filtration equipment replacements, exterior painting, HV AC equipment replacements, water
heater replacements, carpet/flooring replacements and kitchen appliances replacements. These items are
identified in Table 2.
The structural elements of these buildings have perfonned adequately for the past two years. Assuming
the recommendations in this report in reference to the Immediate and Physical Needs over the Tenn are
made in an appropriate time frame; a preventive/remedial maintenance program is implemented
continually; and aU site systems and building components are replaced as necessary with an acceptable
standard of care, this sites estimated remaining useful life (ERUL) should be at least an additional 40
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.
LAC can make no comment on the marketability of the site's useful life. Any qualifications and
limitations in place for the property condition assessment as provided by LAC is applicable to the
summary comments mentioned above,
PROPERTY CONDITION REPORT
3
LAC PROJECT NO. 05-24702,1
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Planning & Building Department
Planning Division I Development Processing
.
CITY OF
CHULA. VISTA
Disclosure Statement
APPLICATION APPENDIX 8
Pursuant to Council Policy 1.01-01, 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.
LDM Sunbow, LLC (William R. Hamlin - Contracted Buver)
Missions at Sunbow. LLC (Ric Shwisberq - Contracted Owner)
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.
William R. Hamlin (Missions at Sunbow, LLC)
Mark Panissidi (Missions at Sunbow. LLC)
Keith Horne (Missions at Sunbow, LLC)
Samuel Holtv (Missions at Sunbow. LLC)
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of
any persoA 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.
Hunsaker & Assoc. (Dan Rehm) Samuel Holtv
Phillip Att>litt
William R. Hamlin
Mike Panissidi Mark Panissidi
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 D- No ~
.:j
,,~
If Yes, briefly describe the nature of the financial ~o;terest 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 [g] Yes 0 If yes, which Council Member?
276 Fourth A6!T/~"iiiS~~:L I 91tl I (619) 691-5101
~{~
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cm OF
CHUlA. VISTA
Planning & Building Department
/~ Planning Division I Development Processing
,
."
L'".
'.
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 D- No ~
If Yes, which officia/** and what was the nature of item provided?
*
xJ~~
Signature of Contractor/Applicant
,X W 'Vv"~ ~.. ~(.;-,j Print or
type name of Contractor/Applicant
Person is defined as: any individua,l, 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.
Date:~ 8 J?" 7., J oS
I. ,/
**
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_
-4
276 Fourth Avenue I Chula Vista I California I 91910 J (619) 691-5101
PLANNING COMMISSION AGENDA STATEMENT
Item No.3
Meeting Date: 03/22/06
ITEM TITLE:
Public Hearing: Consideration of Conditional Use Permit
application PCC-05-048, for the A&D Automotive project, located at
1084 Broadway - Adel Gorges.
The applicant, Adel Gorges, is requesting approval of a Conditional Use Pem1it application to allow
the operation of a 2,400 sq. ft., one story auto repair facility with six parking spaces. The lot is
located at 1084 Broadway, on the west side of the street, approximately 160 feet north of Naples
Street. The lot is 5,750 sq. ft in size and is presently vacant (See attached 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 qualifies as a
Class 3 exemption from the California Environmental Quality Act, pursuant to Section 15303 (New
Construction or Conversion of Small Structures). Thus, no further environmental review is
necessary.
BOARDS/COMMISSIONS RECOMMENDATION:
On February 27,2006, the Design Review Committee approved Design Review Application DRC-
05-046 for the A&D Automotive Project, by a vote of3-0-0-2.
PUBLIC COMMENTS:
No public comments have been received for this project.
RECOMMENDATION:
Adopt the attached Planning Commission Resolution approving the Conditional Use Permit PCC-05-
048 for the proposed A&D Automotive Repair garage, in accordance with the findings and subject to
the conditions contained therein.
DISCUSSION:
1. Proiect Settinl!
The land uses surrounding the project site and relevant land use controls are as follows:
Page 2, Item:
Meeting Date: 03/22/06
General Plan, Zoning and Existing Land Use:
General Plan CV Municipal
Code Zoning
Site Mixed Use Commercial!
Residential Thoroughfare
(MUR) (CT)
North Mixed Use Commercial
Residential Thoroughfare
(MUR) (CT)
South Mixed Use Commercial
Residential Thoroughfare
(MUR) (CT)
East Mixed Use Commercial
Residential Thoroughfare
(MUR) (CT)
West Low-Mediwn Single- family
Residential Residential
(3-6 du/acre) (R-l)
Existing Land
Use
Vacant
Retail store
Auto Repair
Motel
Single-family
Residential
In December 2005, the City Council approved the City General Plan Update, which changed the land
use designation for the site from Commercial Retail to Mixed Use Residential. Because this area is
envisioned for mixed use residential, retail and office uses, the goals, objectives and policies ofthe
updated General Plan do not encourage auto repair facilities. Even though auto repair uses arc not
encouraged, the project can still be approved for the following reasons: 1) The property is zoned
Commercial Thoroughfare (CT) which permits auto repair uses upon approval of a Conditional Use
Permit, which has been submitted and is currently in process; 2) The General Plan does not contain
any specific policies which would preclude approval of projects which are approvable under the
existing zoning; 3) the applications were filed April 12, 2005 before the General Plan Update was
approved.
2. Proiect Description
Consideration of a Conditional Use Permit application to allow the operation of an auto repair
business in a newly constructed 2,400 sq. ft., one story auto repair facility with six parking spaces.
On-site improvements would also include an 8 ft. high monument sign, 6-foot high wrought iron
fencing along the front and side yards, and a trash enclosure along the west side of the building
fronting the alley.
Page 3, Item:
Meeting Date: 03/22/06
The applicant has also requested that the parking space depth be reduced from 19 feet deep to 17 feet
six inches deep for the four standard parking spaces on the north side of the parking lot, and the
replacement oftwo standard parking spaces with two 8 foot, six inch wide by 15 feet deep compact
spaces parallel to the driveway on the south side of the parking lot.
The auto repair garage building will be placed at the rear of the lot, 10ft. 9 inches from the edge of
the alley. The front yard will be landscaped with a 10-foot landscape buffer along Broadway.
Vehicular and pedestrian access to the site is directly from Broadway into the proposed 6-spacc
parking lot. Vehicles enter the garage from the parking lot, and exit the garage into the alley at the
rear ofthe site. A combination low masonry wall with rail fencing will be provided in the front yard.
and wrought iron fencing in the side yards. One standard trash /recycling enclosure will be placed in
the rear of the site, to be served from alley. Also proposed is one 8 foot high by 6 ft. 4 in, wide,
externally illuminated monument sign, and a 3 ft high by 10ft. wide wall sign on the facade. The site
is level and runoff will drain to the public street.
Proposed landscaping includes a 10-foot landscape buffer along Broadway, which includes a
keystone garden wall, a combination ofturf and shrubs, enhanced paving at the entry, and additional
landscaping and enhanced paving is proposed in the parking lot.
The one-story building has been designed with a simple facade with a straight roofline, a three-color
scheme utilizing La paz (beige) and Natural (light gray) split-face block as the base color and
materials, with accent trim consisting of a dark gray smooth-finished block.
3. Staff Analvsis
Compatibility with Adjacent Surrounding Area:
The proposed auto repair business is a minor auto repair use for repair of vehicle engines and engine
parts, and will include the operation of an air compressor, vehicle lifts and brake rotor service
machines. The site is located across an alley from a single-family residential neighborhood to the
west. Residential garages and rear yards front the alley. Retail commercial, a motel and an existing
auto repair businesses border the site along Broadway, which operate under the same General Plan
and Zoning regulations.
The auto repair business will operate within an enclosed facility, which will help to mitigate any
potential noise, odors or discharge of airborne particulates that might adversely affect the
neighborhood, except in the event that the rear roll-up door is open. In order to ensure compatibility
with the adjacent residential area, and minimize these potential adverse affects, staff has included a
condition of approval requiring that the auto repair business operate with the westerly roll-up door
closed, except when necessary to open it for access. The building code requires mechanical
Page 4, Item:
Meeting Date: 03/22/06
ventilation for enclosed auto repair businesses that will ensure that the business will operate in a safe
manner, so that employees and customers are not adversely affected.
Modifications to Parking:
The project requires six standard-sized parking spaces. Proposed are one handicapped space, three-
9 ft. wide by 17 ft. 6 in. deep, parallel spaces located on the north side ofthe site, and two 8 f1. 6 in,
compact spaces located across the driveway from the other parking spaces along the south edge of
the site. CVMC section 19.62.020 requires 24-foot wide, 2-way driveways, which separates these
parking spaces. The two compact spaces and the easterly standard size space are adjacent to walls or
fences, and therefore must be widened by one foot to comply with CVMC Section 19.04.174
requirements, to enable access to parked vehicles.
The underlying lot was created in 1927 before current zoning and parking regulations were
established. The lot is 115 feet deep by 50 feet wide, and is too narrow and shallow to support a
commercial site design, which meets today's parking standards. To establish a viable business, staff
finds that adjustments to the parking space dimensions are necessary due to the small dimensions of
the lot, the requirements to provide a driveway, vehicle backing area, and an extra I foot wide
parking spaces adjacent to walls/fences. Engineering staff reviewed the parking design and
recommended that the driveway/backing area maintain a minimum dimension of 24 ft.
Therefore, staff is requesting that the Commission grant a reduction in the maximum parking space
depth for a standard space to 17 ft. 6 inches, and permit the use of two compact parking spaces in lieu
of standard spaces.
CONCLUSION:
Based on the preceding information, staff is of the opinion that the project meets the General Plan
and Zoning requirements, and recommends that the Planning Commission adopt the attached
Planning Commission Resolution approving the Conditional Use Permit PCC 05-048, subject to the
conditions listed in the attached Planning Commission Resolution.
Attachments:
1. Locator Map
2. Planning Commission Resolution
3. Site Plan/Elevations
4, Ownership Disclosure Statement
J:\Planning\Richard Z\Southwest\PCC-05-48 _ PC_staff _report
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT , PROJECT DESCRIPTION:
C9 APPLICANT: A & D Automotive Miscellaneous
PROJECT Project Description: Proposing a one 2,400 sq. ft., 1 story auto
ADDRESS: 1084 Broadway repair facility with six parking spaces.
SCALE: FILE NUMBER:
NORTH No Scale PCC-05-048 Related cases: None
J:\planning\carlos\locators\pcc05048. cdr 03,09,06
6.
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cnv OF
CHUlA VISfA
P I ann
n g
& Building Department
Planning Division I Development Processing
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or 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.
!v\ <. t\d. '<- \ ~ c:.:=..J ~3 (~''"\'t,or )
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.
;.J\A
4.
5.
Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter.
HY". Z-.; \...t>.,~1('" A\ ~"""" Y"~ -"EVE ~'('", ;"'11- 1< od, r'::r.'......'l.. _ ~Q'l\~~\-\--o-""-r-
N('" t.J,,::....v-.~-.,)~ Oy-; ~-~vE
Has any person* associated with this contract had any financial dealings witp.-an official** of the City of Chula
Vista as it relates to this contract within the past 12 months, Yes_ No-L
If Yes, briefly describe the nature of the financial interest the official"'* may have in this contract.
Have you made a contribution gf more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No y.. Yes _ If yes, which Council member?
276 F ou rth Avenu e
Chula Vista
California
91910
(619) 691-5101
~~~
-.-
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~~~~
Plann
n g
& Building
Planning Division
Department
Development Processing
cm OF
CHUIA VISTA
APPLICATION APPENDIX 8
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) p1onths? (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:
41~loS"
Signature of Contractor/Applicant
~~. A~~\ ~~<o~S
type name of contractor/~Plicant
Print or
*
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit.
**
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commission, or committee of the City, employee, or staff members,
276 Fourth Avenue
Chula Vista
California
91910
(619) 691-5101
RESOLUTION NO. PCC 05-048
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING CONDITIONAL USE PERMIT,
PCC-05-048, TO ALLOW A&D AUTOMOTIVE TO OPERATE
AN AUTOMOTIVE REPAIR SHOP AT 1084 BROADWAY, IN
THE COMMERCIAL THOROUGHFARE (CT) ZONE, WITH
ASSOCIATED PARKING.
WHEREAS, a duly verified application for a conditional use permit was filed with the
City of Chula Vista Planning Department on April 12, 2005, by Building Design and
Engineering on behalf of Adel Gorges, owner of A&D Automotive; and
WHEREAS, said applicant requests approval of a Conditional Use permit, PCC-05-048
to operate an automobile shop in the Commercial Thoroughfare Zone; to reduce the length of
standard parking spaces from 19 feet to 17 feet 6 inches, and to permit conversion two standard
spaces to compact parking spaces; 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 qualifies as a Class 3 exemption from the California Environmental Quality
Act, pursuant to Section 15303 (New Construction or Conversion of Small Structures). Thus, no
further environmental review is necessary.
WHEREAS, the Director of Planning and Building set the time and place for a hearing on
said Conditional Use Permit and notice of said hearing, together with its purpose, was given by
its publication in a newspaper of general circulation in the city and its mailing to property owners
and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to
the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely March 22,
2006, at 6:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed; and
WHEREAS, after considering all reports, evidence, and testimony presented at said
public hearing with respect to the conditional use permit application, the Planning Commission
voted to approve the conditional use permit; and
WHEREAS, the Planning Commission of the City of Chula Vista does hereby make the
findings required by the City's rules and regulations for the issuance of conditional use permits,
as herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated
finding to be made.
1. That the proposed use at this location is necessary or desirable to provide a service
or facility which will contribute to the general well being of the neighborhood or the
community.
Approval of the project will allow the applicant to provide a higher level of commercial
auto repair services to the community. The neighborhood is developed with automobile-
Resolution
Page 2 of5
related businesses, and this project will include architecture and landscaping that will
improve and enhance the image of the neighborhood. Its location is desirable for
provision of auto repair services because the site is in a highly visible and conveniently
accessible location.
2. That such use will not under the circumstances of the particular case be detrimental
to the health, safety or general welfare of persons residing or working in the vicinity
or injurious to property or improvements in the vicinity.
The operation of the auto repair business has been conditioned to avoid or minimize
potential impacts to nearby residents. As a result of the approval of DRC-05-046 by the
Design Review committee on February 27, 2006, the site will be designed to include
fencing, landscape screening, and architectural enhancements that will diminish any
potential negative aesthetic impacts.
3. That the proposed use will comply with the regulations and conditions specified in
the code for such use.
The use is consistent with the requirements of the Commercial Thoroughfare Zone, and
the project conditions of approval require the operation to be in continuing compliance
with all applicable city codes and regulations, with the following exceptions:
Due to the small dimensions ofthe lot (115 feet deep by 50 feet wide), combined with
the minimum floor area requirement for the desired business, and the requirement for
provision of a 24-foot two-way driveway and vehicle backing area, the following
amendments to parking space dimensions are hereby granted:
1) The parking space depth has been reduced from 19 feet deep to 17 feet six inches
deep for the four standard parking spaces on the north side of the parking lot, and
2) The use of two 8 foot, six inch wide by 15 feet deep compact spaces parallel to
the driveway, on the south side of the parking lot, in lieu of standard parking
spaces.
4. That the granting of this Conditional Use Permit will not adversely affect the
General Plan of the City or the adopted plan of any government agency.
In December 2005, the City General Plan land use designation for the site was amended
from Commercial Retail to Mixed Use Residential. Because this area is envisioned for
mixed use residential, retail and office uses, the goals, objectives and policies of the
updated General Plan do not encourage auto-related uses such as auto repair facilities.
Even though auto repair uses are not encouraged, the project can still be approved for the
following reasons:
1) The property is zoned Commercial Thoroughfare (CT) which permits auto repair uses
upon approval of a Conditional Use Permit, and as of the date of this request, a rezone
of this property to permit Mixed Use Residential uses has not been requested;
2) The General Plan does not contain specific policies which would preclude approval of
projects which are permitted and approvable under the existing zoning;
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Page 3 of5
3) The Conditional User Permit application was filed 4/12/05, before the General Plan
Update was approved.
WHEREAS, the Planning Commission of the City of Chula Vista grants Conditional Use
Permit PCC-05-048 subject to the following conditions required to be satisfied by the applicant
and/or property owner(s):
PLANNING & BUILDING DEPARTMENT
I. The following conditions shall be incorporated into the plan by the applicant prior to issuance
of building permits for this project:
1. The property owner and the applicant shall execute this document by signing the lines
provided below, said execution indicating that the property owner and applicant have
each read, understood, and agreed to the conditions contained herein. Upon execution,
this document shall be recorded with the County Clerk of the County of San Diego, at the
sole expense of the property owner and/or applicant, and a signed, stamped copy of this
recorded document within ten days of recordation to the City Clerk shall indicate the
property owners/applicant's desire that the project, and the corresponding application for
building permits and/or a business license, be held in abeyance without approval. Said
document will also be on file in the City Clerk's Office and known as document No.
Signature of Property Owner
Date
Signature of Representative
Date
2. The applicant shall satisfy the applicable requirements of DRC-05-046 Final Notice of
Decision required prior to the issuance of the first building permit.
3. Prior to, or in conjunction with the issuance of the first building permit, pay all
applicable fees, including any unpaid balances of permit processing fees for deposit
account DQ-1184.
4. Building plans shall indicate that the trash enclosure trellis be constructed of heavy
timber or equivalent construction consistent with the Uniform Building Code, to the
satisfaction of the City Building Official.
II. The following conditions of approval shall be satisfied prior to establishment of the use or
occupancy of the site:
1. Ensure that applicable requirements of DRC-05-046 Final Notice of Decision required
prior to final inspection or occupancy have been satisfied.
2. The conditions of approval for this permit shall be applied to the subject property until
such time that the conditional use permit is modified or revoked,
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Page 4 of5
3. This Conditional Use Permit authorizes only the use specified in the application for pee-
05-048. Any new use, modification/expansion of use, or activities not authorized under
this Conditional Use Permit shall be subject to the review and approval of the Planning
Commission. Any deviation from the above noted conditions of approval shall require
the approval of a modified conditional use permit.
4. The site shall be developed and maintained in accordance with the approved plans, dated
March 3, 2006, which include site plan, floor plans, and elevations plans on file in the
Planning Division, the conditions contained herein, and CVMC Title 19.
5. Ensure that the proposal complies with the parameters of the use outlined In the
application, and CVMC Title 19, including but not limited to the following:
a) The maximum number of employees is limited to 3;
b) Hours of operation will be from 8:30 a.m. to 5:30 p.m, Monday through Saturday;
c) Operate in compliance with the Performance Standards, eVMC Chapters 19,66
and Performance Standards and Noise Control, Chapter 19.68.
d) All auto-repair activities must be conducted within the building, and to minimize
impacts to the adjacent residential areas west of the project, auto-repair activities
must be conducted with the rear rollup door closed, except as necessary for access
and egress.
e) All vehicles shall be parked only in designated spaces.
f) Inoperable vehicles awaiting auto parts and repair must be kept in building.
g) Auto parts and trash must be kept in building or trash enclosure
6. This permit shall be subject to any and all new, modified or deleted conditions imposed
after approval of this permit to advance a legitimate governmental interest related to
health, safety or welfare which the City shall impose after advance written notice to the
Permittee and after the City has given to the Permittee the right to be heard with regard
thereto. However, the City, in exercising this reserved right/condition, may not impose a
substantial expense or deprive Permittee of a substantial revenue source which the
Permittee cannot, in the normal operation of the use permitted, be expected to
economically recover.
7. This permit shall become void and ineffective if not utilized within one year from the
effective date thereof, in accordance with Section 19.14.260 of the Municipal Code.
Failure to comply with any conditions of approval shall cause this pennit to be reviewed
by the City for additional conditions or revocation.
8. The applicant/owner shall and does hereby agree to indemnify, protect, defend and hold
harmless City, its City Council members, officers, employees and representatives, from
and against any and all liabilities, losses, damages, demands, claims and costs, including
court costs and attorney's fess (collectively, liabilities) incurred by the City arising,
directly or indirectly, from (a) City's approval and issuance of this Conditional Use
Permit, (b) City's approval or issuance of any other permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
Applicant/operator shall acknowledge their agreement to this provision by executing a
copy of this Conditional Use Permit where indicated below. Applicant' s/operator' s
compliance with this provision is an express condition of this Conditional Use Permit and
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Page 5 of5
this provision shall be binding on any and all of applicant's/operator's successors and
assIgns.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
adopts the resolution approving the conditional use permit, PCC-05-048, in accordance with the
findings and subject to the conditions contained in this resolution.
Presented by:
Approved as to form by:
James Sandoval
Director of Planning & Building
Ann Moore
City Attorney
J :\PLANNING\CAROLINE\ Discretionary Permit/PCC-05-048.pc.RESOLUTION .DOC
PLANNING COMMISSION AGENDA STATEMENT
Item No.: J:f
Meeting Date: 3/2212006
ITEM TITLE:
Public Hearing: PCA-05-02: Consideration of an amendment to Various
Sections of Title 19 to regulate fee-based Check Cashing, Deferred Deposit,
Payday Advance and similar businesses.
Ordinance: An Ordinance amending Title 19, Zoning and Specific Plans, of
the City of Chula Vista to add a new use classification and amend related
code sections to regulate fee-based check cashing, deferred deposit, payday
advance and similar businesses, and limiting where such activities maybe
permitted.
Fee-based check cashing, deferred deposit, payday advance and similar businesses ("Check
Cashers") are considered the same as banks and other financial institutions and were allowed by right
in several zoning districts. The proposed ordinance defines the use and/or business, imposes a
conditional use permit requirement, adds special criteria (or performance standards) for such use
and/or business and limits them to specific zoning districts where they may be allowed to operate.
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act and has determined that the project qualifies for a Class 8
categorical exemption pursuant to Section 15308 ofthe State CEQA Guidelines. Furthermore, it can
be seen with certainty that there is no possibility that the activity in question may have a significant
effect on the environment. Therefore, no environmental review is required.
RECOMMENDATION:
That the Planning Commission recommend to the City Council adoption of Ordinance No.
amending various sections of Title 19, Zoning and Specific Plans, regulating fee-based check
cashing, deferred deposit, payday advance and similar businesses.
DISCUSSION:
On March 8, 2006, the Planning Commission considered the staffreport on this item (attached). The
Commission opened the public hearing, took testimony, and gave direction to staffto explore several
points that were raised by Commissioners and check cashing industry representatives, continuing the
hearing to this date. Staffhas undertaken research and has, by teleconference, had an opportunity to
clarify the concerns of the industry representatives. Several modifications have been made to the
proposed ordinance as result of those efforts.
This report discusses and the proposed ordinance, which retains the following components proposed
on March 8:
o Sets forth the findings and need for regulating check cashing establishments,
Page 2, Item No.:
Meeting Date: 3/22/2006
o Defines Check Casher as a particular land use which is distinguished from chartered financial
institutions, in a manner consistent with the State Civil Code;
o Allows check cashing by Conditional Use Permit within four commercial zones;
o Establishes separation standards for new check cashing establishments from each other, and
from sensitive uses; and,
o Establishes base performance criteria to be applied as conditions for approvals of future check
cashing establishments.
The proposed ordinance differs from the March 8 version in that it:
o Eliminates a separation standard from youth congregation locations, which staffhas determined
to be vague;
o Eliminates restrictions on hours of operation; and,
o Eliminates a requirement to provide for a security guard, replacing it with a process for the
check casher to consult with the Police Department on a security plan tailored to the business
and neighborhood needs.
Background
On April 26, 2005, the City Council adopted Urgency Ordinance 300 I-A prohibiting the permitting
or approval of any new or expanded check cashing, businesses, which enabled staff to study the
effects of these establishments and propose an appropriate ordinance for a 45-dayperiod. On May
24th, the Council adopted Ordinance 3001-B, extending the period to 10 months and 15-days (see
Attachment 1, Urgency Ordinances 3001-A & 3001-B). The extension will expire in early April
2006.
Subsequent to the City Council's actions, several policy issues unique to the City ofChula Vista
arose in staff's analysis ofthe application ofthe regulations regarding check cashing businesses. On
October 12,2005, staff provided a report to the Planning Commission and requested direction on a
policy framework for an ordinance that would include: 1) determining zones where fee-based check
cashing, deferred deposit, payday advance and similar businesses would be allowed with a
conditional use permit; 2) exploring the potential for an amortization program; and 3) providing
performance standards in the ordinance.
On January 17, 2006, staff provided the City Council with a status report, which summarized the
Planning Commission's position on the three policy framework issues. Following public testimony
and discussion, the Council directed staffto incorporate language into the ordinance in response to
the questions below, and not pursue an amortization program. The staff report to that item made the
proposal and justification for the zones that are reflected in the attached resolution.
On March 14, staff conducted a teleconference with industry representatives to discuss the ordinance
and their comments of March 8. The discussion points of that conversation and their input and
proposed ordinance of November 2005 were also discussed.
Page 3, Item No.:
Meeting Date: 3/22/2006
Analysis
Issues Raised at Planning Commission, March 8
The following paragraphs discuss the matters raised by the Planning Commission and summarized by
staff as part ofthe motion of continuance:
1. With a CUP, could it be appropriate to locate in other zones? Staffs proposal is based on
current concentrations of check cashers in the Broadway corridor. Corridor zoning districts are
by definition near to residential areas and other sensitive neighborhoods. Thus, on January 17,
staff presented a list of zones to the City Council that are reflected in the draft ordinance.
Between the rationale presented in this and other reports to the Planning Commission and City
Council, staff continues to propose that Conditional Use Permits for Check Cashers be
considered in C-O, C-B, C-C and C-V zones.
2. Provide backup and statistics for claims of crime and neighborhood impact. While criminal
activity and neighborhood safety are important public policy considerations that drive criteria and
standard conditions in the ordinance, staff bases the ordinance in large measure on the land use
implications of Check Cashers. Further, it is appropriate to consider adoption of Conditional Use
Permit requirements due to particular status attributed to Check Cashers in the State's Civil
Code. Nevertheless, by the time of this hearing, the Police Department will have delivered
reports and data regarding existing Check Cashers in Chula Vista. The Police Department will
be represented at this Planning Commission hearing.
3. Confirm the liquor store locations on the map. The map attachment to the report of March 8 was
based on a windshield survey in 2005. Upon adoption of an ordinance, staff will verify the
locations of Check Cashers in order to establish non-conforming rights.
4. Determine the rationale behind prohibition of Sunday hours. Staff concedes that there is no
inherent reason to limit hours of operation on a universal basis as was previously proposed, and
has removed that criteria from the proposed ordinance. It is, however, conceivable that particular
locations, for some practical reason, may benefit from a site-specific limitation on hours.
5. Determine need and capacity to regulate multiple providers or secondary outlets. The ordinance
is not limited to those locations that solely provide Check Casher services as defined. Thus,
future 'secondary' outlets would be controlled by this regulation.
6. Review the Industry markup ofthe Oakland ordinance. In November, industry representatives
presented a discussion and alternative ordinance for staff s consideration. This and the results of
the teleconference of March 14 are discussed in a separate section below.
7. Find and Evaluate Controls by Others. Staff has reviewed the criteria of Civil Code 1789.30 et
seq. Staffhas fully conformed the definition of Check Casher to this legislation. Neither this nor
other statutes pre-empt the City from adopting zoning regulations for Check Cashers. The
legislation generally regulates the transactional functions of the businesses. It is silent on
location and neighborhood impact matters addressed by the proposed ordinance.
8. Determine if a criteria that the outlet must offer referral to credit counseling is legal/feasible.
Staff seeks Planning Commission input on this potential criterion. The industry proposal
submitted in November 2005 described a series of 'best practices'. These practices are related to
the transactional functions ofthe business. Staff is prepared to add this as a criterion, but has not
had the opportunity to refine it in consultation with industry representatives.
Page 4, Item No.:
Meeting Date: 3/22/2006
Issues Discussed in Industry Representative Teleconference, March 14
In addition to the discussion at Planning Commission, staff reviewed industry comments received
in November 2005, and had a limited discussion with industry representatives on March 14 by
teleconference.
1. The industry abides by applicable State laws. which control its activities rNovember discussion 1.
Staff agrees. The Civil Code provides that the City may enforce these transactional laws. The
Civil Code does not, however, address location and neighborhood impact matters addressed by
the propose ordinance.
2. Apply ordinance to Redevelopment Areas rNovember ordinance response 1. During the
teleconference, it was determined that the reference to redevelopment areas was included because
it was modeled on a proposal being made in National City. While there is a considerable overlap
between the affected zones and redevelopment areas, staffbelieves that the zoning criteria should
be applied on a zoning basis, rather than limited to Chula Vista's redevelopment areas.
3. The 1 OOO-ft Casher-to-Casher separation rNovember ordinance response/March 14 discussion).
The industry proposes by-right establishment of new Check Cashers outside the 1000' radius and
a Conditional Use Permit for those within the radius. Staffbelieves that avoiding concentration
is central to the success of the ordinance and recommends keeping the radius provision as
presented March 8.
4. 500- ft Casher-to-selected uses separation rNovember ordinance response/March 14 discussion 1.
The industry proposal of November was silent on separations other than Casher-to-Casher, and in
discussion on March 14, industry representatives particularly were concerned about separations
to congregations of children and financial institutions. Staff concedes that the separation to
congregations of children was vague, and has eliminated that criterion. Separation to financial
institutions has been retained on basis of the primary motivation for the ordinance regarding
community investment.
5. Exemption language for existing Check Cashers rrNovember ordinance response/March 14
discussion 1. Staff believes that the non-conforming rights established for preexisting uses and
buildings in Municipal Code Section 19.64 accomplishes exactly the same outcome as the
proposed exemption language.
6. On Site Security rMarch 14 discussion1. Industry representatives presented some potential
drawbacks to security that could result from the security guard staffing requirement ofthe March
8 proposed ordinance. With concurrence of the Police Department representative at the
teleconference, staff proposed that business-by-business security plans drafted in consultation
with the Police Department would better accomplish the security aims of the ordinance. The
proposed ordinance has been redrafted to reflect this approach.
Establishment and Definition of the Land Use Classification
The attached ordinance defines a "Check Casher" as a person or entity that, for compensation,
engages in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or
other commercial paper serving the same purpose.
"Check casher" does not include state or federally chartered banks, savings associations, credit
Page 5, Item No.:
Meeting Date: 3/22/2006
unions, or industrial loan companies. "Check casher" also does not include a retail seller engaged
primarily in the business of selling consumer goods, including consumables, to retail buyers that
cashes checks or issue money orders for a nominal fee, as a service to its customers that is incidental
to its main purpose or business.
Full service banking institutions can be distinguished from the definition above. Charter bank
establishments, as used in this staff report and the proposed ordinance, include the familiar banking
institutions and credit unions, which meet federal standards and hold a charter. To a lesser extent,
industrial loan companies are also captured by this definition.
Adverse affects on the health. safety, and welfare
Both the on-site conditions associated with check cashing establishments and their location within
the community have potential adverse effects on the public health safety and welfare. Further, such
businesses may deter from meeting at least one economic development goal of the City's General
Plan. The proposed ordinance addresses all of these matters.
Some check cashing facilities are lacking in security measures when compared to charter banks. The
security personnel are often not certified. Surveillance cameras may be inadequate or non-existent.
Exterior lighting and other measures are not in place to protect patrons. In addition, such facilities
may operate with extended hours. Combined, these factors may facilitate the commission of crimes
at a greater rate than at charter banks.
The performance standards contained in the ordinance and discussed later in this report, specify
minimum security features to reduce the possibility of robberies in and around check cashing
businesses established in independent buildings, which are not part of a commercial or retail center.
The proposed performance standards would be applied as conditions of approval of any such facility.
In addition, the Conditional Use Permit process allows for additional conditions of approval as
needed to address design issues fostering security.
Finally, check cashing land uses may potentially conflict with the goals and objectives ofthe Land
Use Element ofthe General Plan. One such goal reads, "... it is the goal of the city to have a large
and diversified economic base while maintaining or increasing the existing sources of employment."
Another goal states, "Encourage the upgrading of older and/or marginal retail uses along Broadway
and Main Street including, as appropriate, the development of professional office and multi-family
residentiaL" This effort can be coordinated through a citywide economic development
strategy/marketing plan that identifies the city's existing economic base, the assets and constraints
for future growth, target industries or activities for future attraction, and geographic areas appropriate
for future use and development.
The proliferation of check cashing facilities would tend to hinder the revitalization on the western
part of Chula Vista. The existence of a number of check cashing facilities along Broadway and in
other shopping areas will tend to discourage some businesses that would provide a potential
economic benefit to the city. In addition, such activities would physically displace needed goods and
services by competing for scarce commercial property.
Page 6, Item No.:
Meeting Date: 3/22/2006
Requiring a Conditional Use Permit
The granting of a Conditional Use Permit authorize uses subject to specific conditions because of
unusual circumstances or characteristics of a particular use that requires special consideration in a
particular zone, as the use relates to other adjacent and surrounding uses, and the development of
community character and various elements of the General Plan. The Conditional Use Permit
requires specific findings necessary for the action. This provides for discretionary review on a case-
by-case basis.
The Conditional Use Permit process for check cashing businesses would provide needed regulatory
review of applications for these uses. Staff believes most adverse impacts that can be regulated by
land use controls can be mitigated through standard conditions of approval as written in the attached
proposed ordinance. The Zoning Administrator would be the appropriate decision maker for
conditional use permit applications for check cashers because the process is the same for other
administrative conditional use permits as described in Section 19.14.030 in the Chula Vista
Municipal Code. The administrative process allows for appeal to the Planning Commission and City
Council.
Appropriate Zones
Staff recommends that check cashing businesses be precluded from locating in the Broadway
corridor, which is predominantly zoned Thoroughfare Commercial (CT), and the Neighborhood
Commercial (CN) zone, which usually abut residential areas where sensitive uses including schools
and churches are established. In addition, the CT and CN zones largely coincide with redevelopment
project areas. Adult-oriented businesses, liquor stores, bars also impact these areas and other similar
land uses. By precluding check cashing businesses from the CT and CN zones, revitalization and
reinvestment in these target areas will be better facilitated.
Based on the forgoing discussion, staff recommends that the following zones be designated as zones
in which fee-based check cashing, deferred deposit, payday advance and similar businesses be
allowed with a conditional use permit;
1. C-O, (Administrative and Professional Office): This zone provides appropriate locations
where professional and administrative uses may be located. The regulations in this zone
are designed to promote a quiet and dignified environment for such uses.
2. C-B, (Central Business Zone): This zone is intended to stabilize, improve and protect the
commercial pedestrian characteristics ofthe central business area, and provides orderly
growth of new commercial development. This zone encourages all uses to be of a retail
commercial nature.
3. C-C, (Central Commercial Zone): This zone stabilizes, improves and protects the
commercial characteristics of major community business centers.
Page 7, Item No.:
Meeting Date: 3/22/2006
4. C- V, (Visitor Commercial Zone): This zone provides for locations appropriate for centers
providing for the needs of tourists and travelers that are established, maintained and
protected. The regulations in this zone encourage uses that are convenient for the
traveler.
The zones described above are appropriate for check cashing businesses because the zones have
established regulations to ensure these uses are held to high development and operational standards
in addition to specific conditions required for check cashing businesses by the Conditional Use
Permit process.
Proposed Performance Standards
Specific criteria or performance standards should be applied apply to check cashing businesses,
including:
· Minimum distance between check cashing businesses
· Minimum distance to sensitive uses
· Performance standards to combat blight, increase security and
minimize adverse impacts
Staff recommends a minimum separation of 1 ,000 feet between check cashing establishments, and
500 feet to a list of potentially sensitive neighbors. This provision will limit the concentration of
check cashing businesses, provide service areas for chartered financial institutions and s and preserve
opportunities for development of other retail commercial uses.
In addition, the proposed ordinance requires that any Conditional Use Permit approved for a Check
Casher meet the following minimum conditions.
o A lighting plan designed to illuminate persons standing outside the Check Casher premises
o Storefronts with windows, and limited window signage.
o Signing and discouragement of patron loitering.
o Graffiti and litter removal.
o No exterior pay telephones.
o A security plan drafted in consultation with the Police Department.
As is the case with all Conditional Use Permits, conditions may be amended or expanded by the
Zoning Administrator as they apply to individual locations and projects on a case-by-case basis:
CONCLUSION:
Based on an initial investigation and discussion with the City Council and the Planning Commission,
staffbelieves that the current land use policies regarding fee-based check cashing, deferred deposit,
payday advance and similar businesses are inadequate to address the effects of these uses on the
community. Concerns associated with these types of businesses include: 1) proliferation and
congregation; 2) the lack ofminimum-security standards; and 3) the displacement/discouragement of
Page 8, Item No.:
Meeting Date: 3/22/2006
other various and desirable businesses. The proposed ordinance will provide the appropriate zones, a
conditional use permit process and performance standards that will enable the City to appropriately
regulate these uses. Since the Planning Commission meeting of March 8, additional refinements have
been made in light of testimony, written submittals and discussion with industry representatives.
Staff seeks discussion ofthe revised ordinance and refinements by the Planning Commission. Since
the Interim Ordinance restricting Check Cashers will expire in mid-April, and since staff has
received recent concurrence from the City Council on many ofthe points contained in the draft, staff
further seeks action by the Planning Commission at this hearing, with a recommendation to the City
Council.
Attachments
1. Planning Commission Resolution PCA-05-02
2. Draft City Council Ordinance
3. Planning Commission Report, Resolution and Draft Ordinance of March 8, 2006
RESOLUTION NO. PCA-05-02
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT
AN ORDINANCE AMENDING VARIOUS SECTIONS OF TITLE 19,
ZONING AND SPECIFIC PLANS, OF THE CITY OF CHULA VISTA TO
ADD A NEW USE CLASSIFICATION AND AMEND RELATED CODE
SECTIONS TO REGULATE FEE-BASED CHECK CASHING, DEFERRED
DEPOSIT, PAYDAY ADVANCE AND SIMILAR BUSINESSES AND
LIMITING WHERE SUCH ACTIVITES MAY BE PERMITTED
WHEREAS, between 2000 and 2005, there has been an acceleration in the number of
fee-based check cashing, deferred deposit, payday advance and similar businesses locating in
the City of Chula Vista such that there are between 20 and 25 in the City of Chula Vista,
most of which are concentrated along the Broadway corridor, and all of which are located
west of the 1-805 freeway; and
WHEREAS, the over-concentration of check cashing, deferred deposit, payday
advance and similar businesses within mature neighborhoods discourages private investment
and redevelopment by giving a false impression of the values and credit-worthiness of the
area; and,
WHEREAS, continued establishment of fee-based check cashing, deferred deposit,
payday advance and similar businesses in any and all locations where financial service uses
are permitted without adequate review may result in the reliance on such businesses and
discouragement of business opportunities of full service banking institutions, thereby
creating a cycle of indebtedness and financial vulnerability for low-income citizens; and
WHEREAS, the uncontrolled establishment of fee-based check cashing, deferred
deposit, payday advance and similar businesses in any and all locations where financial
service uses are permitted may result in an over-saturation of these businesses near schools,
churches, and displace - needed goods and services providers from commercial districts; and
WHEREAS, approximately twenty-eight percent of consumers without a traditional
checking account cash their checks primarily at check cashing institutions; and
WHEREAS, the City has completed a review of the regulatory mechanisms available
to regulate subject businesses with the goal of adopting permanent changes to Municipal
Code Title 19, Planning and Specific Plans, including changes intended to protect the public
health, safety, and welfare from the negative effects of subject businesses; and
WHEREAS, issuance or approval of any building, planning, or business license for
fee-based check cashing, deferred deposit, payday advance and similar businesses (newly
instituted, modified, or expanded) without a Conditional Use Permit in certain zoning
districts would result in negative impacts to the community in which it is located in; and
Page 2
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has determined
that the project qualifies for a Class 8 categorical exemption pursuant to Section 15308 of the
State CEQA Guidelines. Furthermore, it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment.
Therefore, no environmental review is required; and
WHEREAS, the Planning Commission set the time and place for a hearing on said
amendment and notice of said hearing, together with its purpose, was given by its publication
in a newspaper of general circulation in the City as least ten days prior to the hearing, and,
WHEREAS, the hearing was held at the time and place as advertised, namely March
22, 2006, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
WHEREAS, after considering all reports, evidence, and testimony presented at said
public hearing with respect to the Check Cashing Ordinance, the Planning Commission voted
recommending adoption ofthe Check Cashing Ordinance PCA-05-02; and
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
does hereby recommend that the City Council adopt the attached proposed Check Cashing
Ordinance and adopt the attached Resolution PCA-05-02 in accordance with the findings and
subject to the conditions contained therein.
PASSED AND APPROVED BY THE PLANNING COMMISION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 22nd day of March, 2006, by the following vote, to-
wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Vicki Madrid, Chair
Diana Vargas
Secretary to Planning Commission
ORDINANCE No.
AN ORDINANCE AMENDING VARIOUS SECTIONS OF
TITLE 19, ZONING AND SPECIFIC PLANS, OF THE CITY
OF CHULA VIST A TO ADD A NEW USE
CLASSIFICATION AND AMEND RELATED CODE
SECTIONS TO REGULATE FEE-BASED CHECK
CASHING, DEFERRED DEPOSIT, PAYDAY ADVANCE
AND SIMILAR BUSINESSES AND LIMITING WHERE
SUCH ACTIVITES MAY BE PERMITTED
WHEREAS, between 2000 and 2005, there has been an acceleration in the number of
fee-based check cashing, deferred deposit, payday advance and similar businesses locating in the
City of Chula Vista such that there are between 20 and 25 in the City of Chula Vista, most of
which are concentrated along the Broadway corridor, and all of which are located west of the 1-
805 freeway; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has determined that the
project qualifies for a Class 8 categorical exemption pursuant to Section 15308 of the State
CEQA Guidelines. Furthermore, it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment. Therefore, no
environmental review is required; and
WHEREAS, approximately twenty-eight percent of consumers without a traditional
checking account cash their checks primarily at check cashing institutions; and
WHEREAS, the over-concentration of check cashing, deferred deposit, payday advance
and similar businesses within mature neighborhoods discourages private investment and
redevelopment by giving a false impression of the values and credit-worthiness ofthe area; and,
WHEREAS, continued establishment of fee-based check cashing, deferred deposit,
payday advance and similar businesses in any and all locations where financial service uses are
permitted without adequate review may result in the reliance on such businesses and
discouragement of business opportunities of full service banking institutions, thereby creating a
cycle of indebtedness and financial vulnerability for low-income citizens; and
WHEREAS, the uncontrolled establishment of fee-based check cashing, deferred
deposit, payday advance and similar businesses in any and all locations where financial service
uses are permitted may result in an over-saturation of these businesses near schools, churches,
and displace needed goods and services providers from commercial districts; and
WHEREAS, on April 26, 2005, the City Council adopted Urgency Ordinance No. 3001-
A, imposing a 45-day moratorium on new or expanded check cashing and deferred deposit
activities; and
Ordinance No.
Page No.2
WHEREAS, on May 24, 2005, the Chula Vista City Council adopted Ordinance No.
3001-B, as an interim emergency ordinance to fee-based check cashing, deferred deposit, payday
advance and similar businesses while a study was undertaken to develop permanent controls for
an additional 10 months and 15 days effective from that date; and
WHEREAS, the City has completed a review of the regulatory mechanisms available to
regulate subject businesses with the goal of adopting permanent changes to Municipal Code Title
19, Planning and Specific Plans, including changes intended to protect the public health, safety,
and welfare from the negative effects of subject businesses; and
WHEREAS, issuance or approval of any building, planning, or business license for fee-
based check cashing, deferred deposit, payday advance and similar businesses (newly instituted,
modified, or expanded) without a Conditional Use Permit in certain zoning districts would result
in negative impacts to the community in which it is located in; and
WHEREAS, the Chula Vista Planning Commission conducted a duly noticed public
hearing on March 22, 2006; and
WHEREAS, after the close of the public hearing, the Chula Vista Planning Commission
voted recommending the adoption of this ordinance by the City Council for amendments
to various sections of Municipal Code Title 19, Zoning and Specific Plans, to regulate fee-based
check cashing, deferred deposit, payday advance and similar businesses; and
WHEREAS, the City Council subsequently conducted a duly noticed public hearing on
April 4, 2006.
Now, Therefore, the City Council of the City of Chula Vista does find, determine
and ordain as follows:
SECTION I: The City Council finds and determines the forgoing recitals to be' true and
correct and hereby makes them a part of this ordinance.
SECTION II: The City Council finds and determines, that the adoption of this
Ordinance is exempt from CEQA under Sections 15308 of the State CEQA Guidelines and
authorizes the filing of a Notice of Exemption with the San Diego County Clerk.
SECTION III: Section 19.04.049 defining "Check Cashing, Deferred Deposit and
Payday Advance and Similar Businesses" is added to Title 19, Zoning and Specific Plans, to read
as follows:
Definition Chapter 19.04, Section 19.04.049: Check cashing, Deferred deposit, Payday
Advance and similar business activities are defined as:
As used in this title, a "Check Casher" means a person or entity that, for compensation,
engages in whole or in part, in the business of cashing checks, warrants, drafts, money
orders, or other commercial paper serving the same purpose.
Ordinance No.
Page No.3
"Check Casher" does not include state or federally chartered banks, savings associations,
credit unions, or industrial loan companies. "Check Casher" also does not include a retail
seller engaged primarily in the business of selling consumer goods, including
consumables, to retail buyers that cashes checks or issue money orders for a nominal fee
not exceeding two dollars ($2) as a service to its customers that is incidental to its main
purpose or business. This definition is intended to be consistent with California Civil
Code Section 1789.31 as to the dollar limitation of the nominal check-cashing fee, as it
may be amended by the State in the future.
SECTION IV: The following sections of Title 19, Zoning Ordinance and Specific
Plans, are amended to add, "Check Casher" as a conditionally permitted activity:
19.33.040 (C-O, Administrative and Professional Office Zone)
19.32.030 (CB, Central Business Zone)
19.36.030 (CC, Central Commercial Zone)
19.38.030 (C-V, Visitor Commercial Zone)
SECTION V: Section 19.58.425 is added to Title 19, Zoning and Specific Plans, to read
as follows:
19.58.425 Regulations applying to "Check Casher" uses:
A. A conditional use permit for any conditionally permitted Check Casher, as defined in
Section 19.04.049 of Title 19, Zoning Ordinance and Specific Plans, may only be
granted upon determination that the proposal conforms to the general use permit
criteria set forth in the conditional use permit procedure in Chapter 19.14, to any and
all applicable use permit criteria set forth in the particular individual zone regulations,
and to all of the following performance standards:
1. That each Check Casher shall be located a minimum of 1,000 feet from the
nearest check cashing, deferred deposit, payday advance and similar business
activities within the City of Chula Vista. This distance shall be measured from
the nearest property line between said businesses.
2. That each Check Casher shall be a minimum of 500 feet from the following
activities, which on the date of an application for check cashing, deferred deposit,
payday advance and similar business activities, had a vested right under
California Law to operate:
a. Schools, public and private (excluding business, professional, technical, and
vocational);
b. State or federally chartered bank, savings association, credit union, or industrial
loan company;
Ordinance No.
Page No.4
d. Businesses where the sale of alcoholic beverages is the primary use; and
e. Any Adult-oriented Recreation Business, as defined in Section 19.58.024.
3. That each fee-based Check Casher meet the following performance standards, and
that these performance standards are included as standard conditions of approval.
These performance standards may be amended or expanded by the Zoning
Administrator and/or the Planning Commission as they are applied to individual
locations and projects:
a. A lighting plan shall be submitted for review and approval by the Zoning
Administrator prior to issuing building permits and installed prior to
establishing the activity. Exterior lighting shall be provided on all frontages.
Such lighting shall be designed to illuminate persons standing outside such that
they can be identified fifty feet away. Exterior lighting shall be designed so as
not violate Chapter 19.66.
b. Storefronts shall have glass or transparent glazing in the windows and doors.
Signs, banners, or opaque coverings of any kind shall cover no more than 10%
of any window, a minimum of six (6') feet measured from the ground up, or
door area so that law enforcement personnel will have clear view of the entire
public area in the premises from the public sidewalk.
c. Patrons shall be discouraged from loitering prior to, during and/or after hours.
At least one no loitering sign with letters at least two inches (2") tall shall be
installed and maintained where it will be most visible to pedestrians on each
side of the building in which the activity is located including, but not limited
to, street frontages and parking lots, to the satisfaction of the Chief of Police.
d. Graffiti shall be removed from the premises of independent buildings for check
cashing, deferred deposit, payday advance and similar business activities
within 72 hours from the time first discovered or reported by any member of
the public and lor employee of said business.
e. Exterior pay telephones shall not be installed in front independent buildings for
check cashing, deferred deposit, payday advance and similar business
activities.
f. Litter shall be removed at least two times daily or as needed from in front of
and for twenty feet beyond independent buildings along adjacent street(s).
g. The applicant/operator shall, to the satisfaction of the Chief of Police or his
delegate, document and submit an initial plan of security for the business prior
to the hearing on the Conditional Use Permit. Subsequent to an approval of a
Conditional Use Permit, changes in this plan of security, if requested by the
Ordinance No.
Page No.5
Check Casher and approved by the Chief of Police or his delegate, may be
made without need for an amendment to the Conditional Use Permit.
SECTION VI: If any section, subsection, phrase, word or provision of this ordinance or
the application thereof to any person or circumstances is held invalid by a court of competent
jurisdiction, the remainder of this ordinance and the application of such provisions to other
persons or circumstances shall not be affected thereby.
SECTION VII: Urgency Ordinances 3001-1A and 3001-1B are hereby no longer in
effect as of the effective date of this ordinance, as established in Section VIII, below.
SECTION VIII: This ordinance shall take effect and be in full force the 30th day from
its adoption.
Presented by
Ordinance No.
Approved as to form by
Jim Sandoval
Director of Planning and Building
Ann Moore
City Attorney
Page No.6
PLANNING COMMISSION AGENDA STATEMENT
Item No.: J
Meeting Date: 3/8/2006
ITEM TITLE:
Public Hearing: PCA-05-02: Consideration of an amendment to Various
Sections of Title 19 to regulate fee-based Check Cashing, Deferred Deposit,
Payday Advance and similar businesses.
Ordinance: An Ordinance amending Title 19, Zoning and Specific Plans, of
the City of Chula Vista to add a new use classification and amend related
code sections to regulate fee-based check cashing, deferred deposit, payday
advance and similar businesses, and limiting where such activities maybe
permitted.
Fee-based check cashing, deferred deposit, payday advance and similar businesses ("check cashing
businesses") are considered the same as banks and other financial institutions and were allowed by
right in several zoning districts. The proposed ordinance defines the use and/or business, imposes a
conditional use permit requirement, adds special criteria (or performance standards) for such use
and/or business and limits them to specific zoning districts where they may be allowed to operate.
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act and has determined that the project qualifies for a Class 8
categorical exemption pursuant to Section 15308 ofthe State CEQA Guidelines. Furthermore, it can
be seen with certainty that there is no possibility that the activity in question may have a significant
effect on the environment. Therefore, no environmental review is required.
RECOMMENDATION:
That the Planning Commission recommend to the City Council adoption of Ordinance No.
amending various sections of Title 19, Zoning and Specific Plans, regulating fee-based check
cashing, deferred deposit, payday advance and similar businesses.
DISCUSSION:
This report discusses and the proposed ordinance, which:
o Sets forth the findings and need for regulating check cashing establishments,
o Defines check cashing as a particular land use which is distinguished from chartered financial
institutions consistent with the State Civil Code,
o Allows check cashing by Conditional Use Permit within four commercial zones,
o Establishes separation standards for new check cashing establishments from each other, and
from five types of sensitive uses, and
o Establishes base performance criteria to be applied as conditions for approvals of future check
cashing establishments,
Page 2, Item No.:
Meeting Date: 3/8/2006
Background
On April 26, 2005, the City Council adopted Urgency Ordinance 3001-A prohibiting the permitting
or approval of any new or expanded check cashing, businesses, which enabled staff to study the
effects of these establishments and propose an appropriate ordinance for a 45-day period. On May
24th, the Council adopted Ordinance 3001-B, extending the period to 10 months and 15-days (see
Attachment I, Urgency Ordinances 3001-A & 3001-B). The extension will expire in early April
2006.
Subsequent to the City Council's actions, several policy issues unique to the City of Chula Vista
arose in staff s analysis of the application of the regulations regarding check cashing businesses. On
October 12,2005, staff provided a report to the Planning Commission and requested direction on a
policy framework for an ordinance that would include: I) determining zones where fee-based check
cashing, deferred deposit, payday advance and similar businesses would be allowed with a
conditional use permit; 2) exploring the potential for an amortization program; and 3) providing
performance standards in the ordinance.
On January 17, 2006, staff provided the City Council with a status report, which summarized the
Planning Commission's position on the three policy framework issues. Following public testimony
and discussion, the Council directed staff to incorporate language into the ordinance in response to
the questions below, and not pursue an amortization program. Per that direction, the two policy
questions that need to be addressed in the draft ordinance are:
I. Which zones should the city continue to allow check cashing businesses?
2. What performance standards or requirements should be included in the ordinance?
Pursuant to Chula Vista Municipal Code Section 19,64.070, a use is considered to have ceased when
it has been discontinued either temporarily or permanently. Since amortization is no longer being
considered, attrition for existing check cashing uses would occur based upon nonconforming use
regulations following adoption of the ordinance.
Staff briefly met with industry representatives at their request to discuss the ordinance in general.
They indicated that they were not opposed to the concept ofthe ordinance and wanted to work with
the City of Chula Vista.
Analysis
Establishment and Definition of the Land Use Classification
The attached ordinance defines a "check casher" as a person or entity that, for compensation, engages
in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other
commercial paper serving the same purpose,
Page 3, Item No.:
Meeting Date: 3/8/2006
"Check casher" does not include state or federally chartered banks, savings associations, credit
unions, or industrial loan companies. "Check casher" also does not include a retail seller engaged
primarily in the business of selling consumer goods, including consumables, to retail buyers that
cashes checks or issue money orders for a nominal fee, as a service to its customers that is incidental
to its main purpose or business.
Full service banking institutions can be distinguished from the definition above. Charter bank
establishments, as used in this staff report and the proposed ordinance, include the familiar banking
institutions and credit unions, which meet federal standards and hold a charter. To a lesser extent,
industrial loan companies are also captured by this definition.
Adverse affects on the health, safety, and welfare
Both the on-site conditions associated with check cashing establishments and their location within
the community have potential adverse effects on the public health safety and welfare. Further, such
businesses may deter from meeting at least one economic development goal of the City's General
Plan. The proposed ordinance addresses all of these matters.
Some check cashing facilities are lacking in security measures when compared to charter banks. The
security personnel are often not certified. Surveillance cameras may be inadequate or non-existent.
Exterior lighting and other measures are not in place to protect patrons. In addition, such facilities
may operate with extended hours. Combined, these factors may facilitate the commission of crimes
at a greater rate than at charter banks.
The performance standards contained in the ordinance and discussed later in this report, specify
minimum security features to reduce the possibility of robberies in and around check cashing
businesses established in independent buildings, which are not part of a commercial or retail center.
The proposed performance standards would be applied as conditions of approval of any such facility.
In addition, the Conditional Use Permit process allows for additional conditions of approval as
needed to address design issues fostering security.
Finally, check cashing land uses may potentially conflict with the goals and objectives of the Land
Use Element of the General Plan. One such goal reads, "... it is the goal of the city to have a large
and diversified economic base while maintaining or increasing the existing sources of employment."
Another goal states, "Encourage the upgrading of older and/or marginal retail uses along Broadway
and Main Street including, as appropriate, the development of professional office and multi-family
residential." This effort can be coordinated through a citywide economic development
strategy/marketing plan that identifies the city's existing economic base, the assets and constraints
for future growth, target industries or acti vities for future attraction, and geographic areas appropriate
for future use and development.
The proliferation of check cashing facilities would tend to hinder the revitalization on the western
part of Chula Vista. The existence of a number of check cashing facilities along Broadway and in
other shopping areas will tend to discourage some businesses that would provide a potential
Page 4, Item No.:
Meeting Date: 3/8/2006
economic benefit to the city. In addition, such activities would physically displace needed goods and
services by competing for scarce commercial property. '
Requiring a Conditional Use Permit
The granting of a Conditional Use Permit authorize uses subject to specific conditions because of
unusual circumstances or characteristics of a particular use that requires special consideration in a
particular zone, as the use relates to other adjacent and surrounding uses, and the development of
community character and various elements of the General Plan. The Conditional Use Permit
requires specific findings necessary for the action. This provides for discretionary review on a case-
by-case basis.
The Conditional Use Permit process for check cashing businesses would provide needed regulatory
review of applications for these uses, Staff believes most adverse impacts that can be regulated by
land use controls can be mitigated through standard conditions of approval as written in the attached
proposed ordinance. The Zoning Administrator would be the appropriate decision maker for
conditional use permit applications for check cashers because the process is the same for other
administrative conditional use permits as described in Section 19.14.030 in the Chula Vista
Municipal Code. The administrative process allows for appeal to the Planning Commission and City
Council.
Appropriate Zones
Staff recommends that check cashing businesses' be precluded from locating in the Broadway
corridor, which is predominantly zoned Thoroughfare Commercial (CT), and the Neighborhood
Commercial (CN) zone, which usually abut residential areas where sensitive uses including schools
and churches are established. In addition, the CT and CN zones largely coincide with redevelopment
project areas. Adult-oriented businesses, liquor stores, bars also impact these areas and other similar
land uses. By precluding check cashing businesses from the CT and CN zones, revitalization and
reinvestment in these target areas will be better facilitated.
Based on the forgoing discussion, staff recommends that the following zones be designated as zones
in which fee-based check cashing, deferred deposit, payday advance and similar businesses be
allowed with a conditional use permit:
1. C-O, (Administrative and Professional Office): This zone provides appropriate locations
where professional and administrative uses may be located. The regulations in this zone
are designed to promote a quiet and dignified environment for such uses.
2. C-B, (Central Business Zone): This zone is intended to stabilize, improve and protect the
commercial pedestrian characteristics of the central business area, and provides orderly
growth of new commercial development. This zone encourages all uses to be of a retail
commercial nature.
3. C-C, (Central Commercial Zone): This zone stabilizes, improves and protects the
Page 5, Item No.:
Meeting Date: 3/8/2006
commercial characteristics of major community business centers.
4. C- V, (Visitor Commercial Zone): This zone provides for locations appropriate for centers
providing for the needs of tourists and travelers that are established, maintained and
protected. The regulations in this zone encourage uses that are convenient for the
traveler.
The zones described above are appropriate for check cashing businesses because the zones have
established regulations to ensure these uses are held to high development and operational standards
in addition to specific conditions required for check cashing businesses by the Conditional Use
Permit process.
Proposed Performance Standards
Specific criteria or performance standards should be applied apply to check cashing businesses:
· Minimum distance between check cashing businesses
. Minimum distance to sensitive uses
· Performance standards to combat blight, increase security and
minimize adverse impacts
Staff recommends a minimum separation of I ,000 feet between check cashing establishments. This
provision will provide service areas for chartered financial institutions and limit the concentration of
check cashing businesses in any zone, This separation requirement will also allow for development
of other retail commercial uses. The following criteria and performance standards are incorporated
into the:
I. That each check cashing, deferred deposit, payday advance and similar businesses be located no
less than 1,000 feet from the nearest similar business within the City of Chula Vista.
2. That each check cashing business be a minimum of 500 feet from the following uses:
a. Any school and place of worship.
b. State or federally chartered bank, savings association, credit union, or industrial loan
company.
c. Any establishment where children, youth and teens attend or congregate including, but
not limited to arcades, parks, malls, fun centers, etc.
d. Any establishment for the purpose of selling alcoholic beverages including beer, wine,
distilled spirits and hard liquor.
e. Any adult entertainment establishment as defined in the Municipal Code.
Page 6, Item No.:
Meeting Date: 3/8/2006
3. That each check cashing business meets the following conditions, which are included as standard
conditions of approval. Conditions may be amended or expanded by the Zoning Administrator
as they apply to individual locations and projects on a case-by-case basis:
a. A lighting plan designed to illuminate persons standing outside such that they can be
identified.
b. Storefronts with windows, and limited window signage.
c. Limitation of days and hours of operation limited to Monday through Saturday, 7:00 AM
to 7:00 PM, and discouragement of patron loitering.
d. Graffiti and litter removal.
e. No exterior pay telephones.
f. Security guards on site during business hours
CONCLUSION:
Based on an initial investigation and discussion with the City Council and the Planning Commission,
staff believes that the current land use policies regarding fee-based check cashing, deferred deposit,
payday advance and similar businesses are inadequate to address the effects of these uses on the
community. Concerns associated with these types of businesses include: 1) proliferation; 2) the lack
of minimum-security standards; and 3) the displacement/discouragement of other various and
desirable businesses. The proposed ordinance will provide the appropriate zones, a conditional use
permit process and performance standards that will enable the City to appropriately regulate these
uses.
Attachments
1. Urgency Ordinances 3001-A & 3001-B
2, Planning Commission Resolution PCA-05-02
3. Draft City Council Ordinance
4. Map of Existing Check Cashing, Deferred Deposit and Payday Advance businesses
ORDINANCE NO. 300l-A
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA PROHIBITING THE PERMITTING
OR APPROVAL OF ANY NEW OR EXPANDED FEE-BASED
CHECK CASHING AND DEFERRED DEPOSIT USES
WHEREAS, the City of Chula Vista ("City") has, in recent years, experienced a
proliferation, of businesses engaged primarily in the cashing of checks and/or deferring the
depositing of a customer's personal check until a specific date - both for a fee recheck
cashing/deferred deposit establishments"); and
WHEREAS, staff believes that the current land use policies regarding fee-based check
cashing/deferred deposit establishments are inadequate to address the effects of these uses on the
community; and
WHEREAS, cashing/deferred deposit establishments may decrease neighboring property
values; displace/discourage other desirable businesses, including full-service financial
institutions; and should be operated with adequate security; and
WHEREAS, the Planning Commission, on January 26, 2005, recommended that the City
Council adopt a temporary moratoriurp. on fee-based check cashing and deferred deposit
businesses until the land use impacts caused by a proliferation of such establishments can be
more thoroughly studied; and
WHEREAS, the Planning Commission was particularly concerned with the potential
interference with revitalization efforts of the City and Redevelopment Agency in Western Chula
Vista; and
WHEREAS, staff requires enough time . to conduct the required studies and develop
appropriate policy recommendations that address where, when, and under what conditions check
cashing/deferred deposit establishments would be compatible with S'UITounding land uses and
consistent with land use plans and policies, such as the General Plan. retievelopment area plans,
specific plans and the Broadway Revitaliza.ti.on Strategy; and
WHEREAS, individuals have recently expressed interest in establishing new or expanded
land uses involving fee-based check cashing or deferred deposits; and
.'
WHEREAS, Government Code Section 65858, allows the City Council to adopt an
interim zoning ordinance as an urgency measure to protect the public safety, health, and welfare
without following the procedures otherwise required preliminary to the adoption of a zoning
ordinance, if passed by a four-fifths vote; and
WHEREAS, the interim ordinance shall be of no further force and effect forty-five days
from the date of adoption thereof; provided however, that after the required notice and public
hearing the City Council may, by a four-fifths vote, extend the interim ordinance for an
additional ten months and fifteen days (with the option of an additional one-year extension) or
twenty-two months and fifteen days (with no extension); and
WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has determined that
! I
1.1 1-.1 .,.... {j// .,....1
. , ,
I
I' \
Ordinance 3001-A
Page 2
the project qualifies for a Class 8 categorical exemption (actions by regulatory agendes for
protection of the environment) pursuant to Section 15308 of the State CEQA Guidelines.
. Furthermore, it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on !be environment .
NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain:
SECTION 1. Findmgs.
A. The City of Chula Vista has, in recent years, experienced a proliferation of check
cashing and deferred deposit businesses.
B. The City Council believes that the current land use policies regarding fee-based
check cashing and deferred deposit establishments are inadequate to address the effects of these
uses on the community.
C. Unchecked proliferation of check cashing or deferred deposit uses may displace
existing full-service financial institutions in generally lower income commercial areas. These
financial institutions may close or choose not to open where the market share is significantly
eroded. In addition, new full-service fmancial institutions and other desired commercial
development must compete with check cashing/deferred deposit establishments for the limited
commercial ,space in each district Unchecked, this may result in a reduction or displacement of
needed goods and services.
D. Some check cashing and deferred deposit businesses lack adequate security
measures, especially when compared to banks. Security personnel (if present) are often not .
certified. Surveillance cameras may be sub-par or non-existent. Exterior lighting and other
measures are not in place to protect patrons - even though they operate with extended hours.
Combined, these factors may facilitate the commission of crimes at a greater rate than at banks,
thereby necessitating a dim~rent set of land use controls.
SECTION 2. Findings of Urgency.
The immediate adoption of this ordinance is necessary to protect t1}e public safety, health,
and welfare in order to prevent the frustration of studies on these matters and the adoption of
adequate land use policies. The absence of this ordinance would perpetuate the negative impacts
caused by unregulated fee-based check cashing/deferred deposit uses and create a serious threat
to the orderly and effective implementation of any land use policies that would be adopted as a
result of the necessary studies.
SECTION 3. Prohibition of New Check Cashing or Deferred Depo~it Uses.
A. The establishment or expansion of a fee-based checking cashing or deferred
deposit business/use shall be prohibited. No application, building pennit, certificate of
occupancy, or entitlement for the establishment or expansion of check cashing or deferred
deposit business/use shall be accepted, processed, or approved while this ordinance is in effect
B. "Check cashers" are entities in the business of cashing checks, warrants, drafts,
money orders, or other commercial paper. "Check cashers" are not state or federally chartered
banks, savings associations, credit unions, or industrial loan companies. They also do not
include retailers that cash checks or issue money orders (for a fee of less than two dollars) as an
incideIltal service to its customers.
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Ordinance 300l-A
Page 3
C. '.Deferred deposit businesses" are those businesses that defer depositing a
customer's personal check until a specific date, pursuant to a written agreement
SECTION 4. Effective Date.
This interim zoning ordinance is adopted under the provisions of Government Code
Section 65858 and shall take effect and be in full force immediately upon its passage by a
four-fifths vote of the City Council.
SECTION 5. Expiration Date.
This interim orclinance shall be of no further force and effect forty-five (45) days !rom
the date of adoption.
Presented by
Approved as to form by
\!\~
AriIi Moore
City Attorney
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Ordinance 3001-A
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 26th day of April, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda., Davis, Rindone and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
McCann
At~acI:LL
Stephen C. Padilla., Mayor
A TrEST:
~61~'~~
Susan Bigelow, MMC, City erk
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
Ordinance No. 3001-A was passed as an urgency measure on the 26th day of April, 2005.
Executed this 26th day of April, 2005.
~--U 6-.L - ~ ~
Susan Bigelow, :tv1MC, City C~
,')
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I / i
ORDINANCE NO. 3001-B
URGENCY ORDINANCE OF THE CITY OF CHULA VISTA
EXTENDING FOR TEN MONTHS AND FIFTEEN DA YS
URGENCY INTERlM ORDINANCE NO. 300 I-A,
PROHIBITING THE PERMITTING OR APPROVAL OF ANY
NEW OR EXPANDED FEE-BASED CHECK CASHING AND
DEFERRED DEPOSIT USES
WHEREAS, the City of Chula Vista (City) has, in recent years, experienced a
proliferation of businesses engaged primarily in the cashing of checks and/or deferring the
depositing a of customer's personal check until a specific date - both for a fee (check
cashing/de~eITed deposit estab.lishments); and
WHEREAS, staff believes that the current land use policies regarding fee-based check
cashing/deferred deposit establishments are inadequate to address the effects of these uses on the
community; and
-
WHEREAS, cashing/deferred deposit establishments may decrease neighboring property
values; displace/discourage other desirable businesses - including full-service [mancial
. .
institutions; and should be operated with adequate security; and
WHEREAS, the Planning Commission, on January 26,2005, recommended that the City
Council adopt a temporary moratorium on fee-based check cashing and deferred deposit
businesses until the land use impacts caused by a proliferation of such establishments can be
more thoroughly studied; and
WHEREAS. the Planning Commission was particularly concerned with the potential
interference with revitalization efforts of the City and RedevelopmentAgency in Western Chula
Vista; and '
'. WHEREAS, staff requires enough time to conduct the required studies and develop
appropriate policy recommendations that address where, when, and under what conditions check
c:;ashing/deferred deposit establishments would be compatible with surrounding land uses and
consistent with land use plans and policies, such as the General Plan, redevelopment area plans,
specific plans and the Broadway Revitalization Strategy; and
WHEREAS, individuals have recently expressed interest in establishing new or expanded
land uses involving fee-based check cashing or deferred deposits; and
WHEREAS, Government Code Section 65858 allows the City Council to adopt an
interim zoning ordinance as an urgency measure to protect the public safety, health, and welfare
without following the procedures otheIVlise required preliminary to the adoption of a zoning
ordinance, if passed by a four-fifths vote; and
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Drdinance No.3 001- B
Page 2
\VHEREAS, on April 26, 2005, the City Council adopted Urgency Ordinance No. 3001-
A prohibiting the pennitting or approval of any new or expanded fee-based check cashing and
deferred deposit uses for forty-five days; and
WHEREAS, if the City needs additional time to conduct the required studies and develop
appropriate policy recommendations to alleviate the condition which led to the adoption of the
original Urgency Ordinance, Government Code Section 65858 allows the City Council to extend
said Ordinance for an additional ten (10) months and fifteen (15) days to protect the public
health, safety, and welfare, if passed by a four-fifths vote; and
WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has determiri.ed that
the project qualifies for a Class 8 categorical exemption (actions by regulatory agencies for
protection of the environment) pursuant to Section 15308 of the State CEQA Guidelines.
Furthermore, it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby ordain:
SECTION 1. Findings.
A. The City of Chula Vista has, in recent years, experienced a proliferation of check cashing
and deferred deposit businesses.
B. The City Council believes that the current land use policies regarding fee-based check
cashing and deferred deposit establishments are inadequate to address the effects of these
uses on the community.
C. Unchecked proliferation of check cashing or deferred deposit uses may displace existing
full-service fmancial institutions in generally lower income commercial areas. These
fmancial institutions may close or choose not to open where the market share is
significantly eroded. In addition, new full-service financial institutions and other desired
commercial development must compete with check cashing/deferred deposit
establishments for the limited commercial space in each district. Unchecked, this may
result in a reduction or displacement of needed goods arid services.
D. Some Check cashing and deferred deposit businesses lack adequate security measures,
especially when compared to banks. Security personnel (if present) are often not
certified. Surveillance cameras may be sub-par or non-existent Exterior lighting and
other measures are not in place to protect patrons - even thougb they operate with
extended hours. Combined, these factors may facilitate the commission of crimes at a
greater rate than at banks, thereby necessitating a different set ofland use controls.
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Ordinance No. 3001-B
Page 3
E. Additional time is needed in order to complete the studies and prepare' the
recommendation on check cashing and deferred deposit uses, which were contemplated
in the original Urgency Ordinance.
F. The City Council will not have the ability to make an informed decision regarding the
approval or permitting of check cashing or deferred deposit businesses until staff has
completed the necessary studies.
SECTION 2. Findings of Urgency
The immediate adoption of this ordinance is necessary to protect the public safety, health, and
welfare in order to prevent the frustration of studies on these matters and the adoption of
adequate land use policies. The absence of this ordinance would perpetuate the negative impacts
caused by unregulated fee-based check cashing/deferred deposit uses and create a serious threat
to the orderly and effective implementation of any land use policies that would be adopted as a
result of the necessary studies.
SECTION 3. Prohibition of New Check Cashing or Deferred Depo'sit Uses.
A. The establishment or expansion of a fee-based checking cashing or deferred deposit
business/use shall be prohibited. No application, building permit, certificate of
occupanc~ or entitlement for the establishment or expansion of check cashing or
deferred degosit business/use shall be accepted, processed, Dr approved while this
Ordinance is m p.ffect.
. .-;-:"; ';'" ~.~- .>
B. "Check cashers" are entities in the business of cashing checks, warrants, drafts, money
orders, or other commercial paper. "Check..cashers" are not state Dr federally chartered
banks, savings associations, credit 1lllions, or industrial loan companies. They also do not
include retailers that cash checks or issue money orders (for a fee ofless than two dollars)
as an incidental service to its customers.
C. "Deferred deposit businesses" are those businesses that defer depositing a customer's
personal check until a specific date, pursuant to a written agreement.
SECTION 4. Effective Date.
This urgency ordinance is adopted under the provisions of Government Code See.tion 65858 and
shall take effect and be in full force immediately upon its passage by a four-fifths vote of the
City Council.
SECTION 5. Expiration_Date.
This urgency ordinance shall extend the effective date of Urgency Ordinance No. 3001-A,
adapted on April 26, 2005, fo~ a period of ten (10) months and fifteen (15) days and thereafter
shall be of no further force and effect.
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Ordinance No. 300l-B
Page 4
Presented by
Approved as to form by
k^- --(lA ~ 9-
Ann oore .
City Attorney
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Ordinance No. 3001-B
Page 5
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista.,
California, this 24 day of May, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, Davis, McCann, Rindone and Padilla
NAYS:
COUI}.cilrnembers:
None
ABSENT:
Councilrnembers:
None
ATTEST: '
~JQJL
'Stephen C. adilla, Mayor
~LL~~~d~
Susan Bigelow, MMC, City C1 rk ;
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CffiJLA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista,. California, do hereby certify that the foregoing
Ordinance No. 3001-B was passed as an urgency measure on the 24th day of May, 2005.
Executed this 24 day of May, 2005.
~~ t=3.,[:~
Susan Bigelow, MMC, City Cle
, ,. i
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RESOLUTION NO. PCA-05-02
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT
AN ORDINANCE AMENDING VARIOUS SECTIONS OF TITLE 19,
ZONING AND SPECIFIC PLANS, OF THE CITY OF CHULA VISTA TO
ADD A NEW USE CLASSIFICATION AND AMEND RELATED CODE
SECTIONS TO REGULATE FEE-BASED CHECK CASHING, DEFERRED
DEPOSIT, P A YDA Y ADVANCE AND SIMILAR BUSINESSES AND
LIMITING WHERE SUCH ACTIVITES MAY BE PERMITTED
WHEREAS, between 2000 and 2005, there has been an acceleration in the number of
fee-based check cashing, deferred deposit, payday advance and similar businesses locating in
the City of Chula Vista such that there are between 20 and 25 in the City of Chula Vista,
most of which are concentrated along the Broadway corridor, and all of which are located
west of the 1-805 freeway; and
WHEREAS, the continued establishment of fee-based check cashing, deferred
deposit, payday advance and similar businesses in any and all locations where financial
service uses are permitted without adequate review may result in displacement and
availability of full service banking institutions creating a cycle of indebtedness and financial
vulnerability for low-income citizens; and
WHEREAS, the uncontrolled establishm~nt of fee-based check cashing, deferred
deposit, payday advance and similar businesses in any and all locations where financial
service uses are permitted may result in an over-saturation of these businesses near schools,
churches, and displace - needed goods and services providers from commercial districts; and
WHEREAS, approximately twenty-eight percent of consumers without a traditional
checking account cash their checks primarily at check cashing institutions; and
WHEREAS, the City has completed a review of the regulatory mechanisms available
to regulate subject businesses with the goal of adopting permanent changes to Municipal
Code Title 19, Planning and Specific Plans, including changes intended to protect the public
health, safety, and welfare from the negative effects of subject businesses; and
WHEREAS, issuance or approval of any building, planning, or business license for
fee-based check cashing, deferred deposit, payday advance and similar businesses (newly
instituted, modified, or expanded) without a Conditional Use Permit in certain zoning
districts would result in negative impacts to the community in which it is located in; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has determined
that the project qualifies for a Class 8 categorical exemption pursuant to Section 15308 of the
State CEQA Guidelines. Furthermore, it can be seen with certainty that there is no
Page 2
possibility that the activity in question may have a significant effect on the environment.
Therefore, no environmental review is required; and .
WHEREAS, the Planning Commission set the time and place for a hearing on said
amendment and notice of said hearing, together with its purpose, was given by its publication
in a newspaper of general circulation in the City as least ten days prior to the hearing, and,
WHEREAS, the hearing was held at the time and place as advertised, namely March
8, 2006, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
WHEREAS, after considering all reports, evidence, and testimony presented at said
public hearing with respect to the Check Cashing Ordinance, the Planning Commission voted
recommending adoption of the Check Cashing Ordinance PCA-05-02; and
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
does hereby recommend that the City Council adopt the attached proposed Check Cashing
Ordinance and adopt the attached Resolution PCA-05-02 in accordance with the findings and
subject to the conditions contained therein.
PASSED AND APPROVED BY THE PLANNING COMMISION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 8th day of March, 2006, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Vicki Madrid, Chair
Diana Vargas
Secretary to Planning Commission
ORDINANCE No.
AN ORDINANCE AMENDING VARIOUS SECTIONS OF
TITLE 19, ZONING AND SPECIFIC PLANS, OF THE CITY
OF CHULA VISTA TO ADD A NEW USE
CLASSIFICATION AND AMEND RELATED CODE
SECTIONS TO REGULATE FEE-BASED CHECK
CASHING, DEFERRED DEPOSIT, PAYDAY ADVANCE
AND SIMILAR BUSINESSES AND LIMITING WHERE
SUCH ACTIVITES MAY BE PERMITTED
WHEREAS, between 2000 and 2005, there has been an acceleration in the number of
fee-based check cashing, deferred deposit, payday advance and similar businesses locating in the
City of Chula Vista such that there are between 20 and 25 in the City of Chula Vista, most of
which are concentrated along the Broadway corridor, and all of which are located west of the 1-
805 freeway; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has determined that the
project qualifies for a Class 8 categorical exemption pursuant to Section 15308 of the State
CEQA Guidelines. Furthermore, it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment. Therefore, no
environmental review is required; and
WHEREAS, approximately twenty-eight percent of consumers without a traditional
checking account cash their checks primarily at check cashing institutions; and
WHEREAS, the continued establishment of fee-based check cashing, deferred deposit,
payday advance and similar businesses in any and all locations where financial service uses are
permitted without adequate review may result in displacement and availability of full service
banking institutions creating a cycle of indebtedness and financial vulnerability for low-income
citizens; and
WHEREAS, the uncontrolled establishment of fee-based check cashing, deferred
deposit, payday advance and similar businesses in any and all locations where financial service
uses are permitted may result in an over-saturation of these businesses near schools, churches,
and displace - needed goods and services providers from commercial districts; and
WHEREAS, on April 26, 2005, the City Council adopted Urgency Ordinance No. 3001-
A, imposing a 45-day moratorium on new or expanded check cashing and deferred deposit
activities; and
WHEREAS, on May 24, 2005, the Chula Vista City Council adopted Ordinance No.
3001-B, as an interim emergency ordinance to fee-based check cashing, deferred deposit, payday
advance and similar businesses while a study was undertaken to develop permanent controls for
an additional 10 months and 15 days effective from that date; and
Ordinance No.
Page No.2
WHEREAS, the City has completed a review of the regulatory mechanisms available to
regulate subject businesses with the goal of adopting permanent changes to Municipal Code Title
19, Planning and Specific Plans, including changes intended to protect the public health, safety,
and welfare from the negative effects of subject businesses; and
WHEREAS, issuance or approval of any building, planning, or business license for fee-
based check cashing, deferred deposit, payday advance and similar businesses (newly instituted,
modified, or expanded) without a Conditional Use Permit in certain zoning districts would result
in negative impacts to the community in which it is located in; and
WHEREAS, the Chula Vista Planning Commission conducted a duly noticed public
hearing on March 8, 2006; and
WHEREAS, after the close of the public hearing, the Chula Vista Planning Commission
recommended the adoption of this ordinance by the City Council for amendments to various
sections of Municipal Code Title 19, Zoning and Specific Plans, to regulate fee-based check
cashing, deferred deposit, payday advance and similar businesses; and
WHEREAS, the City Council subsequently conducted a duly noticed public hearing on
March 21,2006.
Now, Therefore, the City Council of the City of Chula Vista does find, determine
and ordain as follows:
SECTION I: The City Council finds and determines the forgoing recitals to be true and
correct and hereby makes them a part of this ordinance.
SECTION II: The City Council finds and determines, that the adoption of this
Ordinance is exempt from CEQA under Sections 15308 of the State CEQA Guidelines and
authorizes the filing of a Notice of Exemption with the San Diego County Clerk.
SECTION III: Section 19.04.049 defining "Check Cashing, Deferred Deposit and
Payday Advance and Similar Businesses" is added to Title 19, Zoning and Specific Plans, to read
as follows:
Definition Chapter 19.04, Section 19.04.049: Check cashing, Deferred deposit, Payday
Advance and similar business activities are defined as:
As used in this title, a "check casher" means a person or entity that, for compensation,
engages in whole or in part, in the business of cashing checks, warrants, drafts, money
orders, or other commercial paper serving the same purpose.
"Check casher" does not include state or federally chartered banks, savings associations,
credit unions, or industrial loan companies. "Check casher" also does not include a retail
seller engaged primarily in the business of selling consumer goods, including
consumables, to retail buyers that cashes checks or issue money orders for a nominal fee,
as a service to its customers that is incidental to its main purpose or business.
Ordinance No.
Page No.3
SECTION IV: The following sections of Title 19, Zoning Ordinance and Specific
Plans, are amended to add, "Check cashing", "Deferred deposit", "Payday Advance" and similar
business activities as conditionally permitted activities:
19.33.040 (C-O, Administrative and Professional Office Zone)
19.32.030 (CB, Central Business Zone)
19.36.030 (CC, Central Commercial Zone)
19.38.030 (C-V, Visitor Commercial Zone)
SECTION V: Section 19.58.425 is added to Title 19, Zoning and Specific Plans, to read
as follows:
19.58.425 Regulations applying to "Check Casher", "Deferred deposit", "Payday
Advance" and similar businesses activities:
A. A conditional use permit for any conditionally permitted Check Cashing, Deferred
Deposit, Payday Advance and similar business activity as defined in Section
19.04.049 of Title 19, Zoning Ordinance and Specific Plans, may only be granted
upon determination that the proposal conforms to the general use permit criteria set
forth in the conditional use permit procedure in Chapter 19.14, to any and all
applicable use permit criteria set forth in the particular individual zone regulations,
and to all of the following performance standards:
1. That each check cashing, deferred deposit, payday advance and similar business
activities shall be located a minimum of 1,000 feet from the nearest check
cashing, deferred deposit, payday advance and similar business activities within
the City of Chula Vista. This distance shall be measured from the nearest
property line between said businesses.
2. That each check cashing, deferred deposit, payday advance and similar business
activities shall be a minimum of 500 feet from the following activities, which on
the date of an application for check cashing, deferred deposit, payday advance and
similar business activities, had a vested right under California Law to operate:
a. Schools, public and private (excluding business, professional, technical, and
vocational) ;
b. State or federally chartered bank, savings association, credit union, or industrial
loan company;
c. Any establishment where children, youth and teens attend or congregate
including, but not limited to arcades, parks, malls, fun centers, etc;
Ordinance No.
Page No.4
d. Businesses where the sale of alcoholic beverages is the primary use; and
e. Any Adult-oriented Recreation Business, as defined in Section 19.58.024.
3. That each fee-based check cashing, deferred deposit, payday advance and similar
businesses meet the following performance standards, and that these performance
standards are included as standard conditions of approval. These performance
standards may be amended or expanded by the Zoning Administrator and/or the
Planning Commission as they are applied to individual locations and projects:
a. A lighting plan shall be submitted for review and approval by the Zoning
Administrator prior to issuing building permits and installed prior to
establishing the activity. Exterior lighting shall be provided on all frontages.
Such lighting shall be designed to illuminate persons standing outside such that
they can be identified fifty feet away. Exterior lighting shall be designed so as
not violate Chapter 19.66.
b. Storefronts shall have glass or transparent glazing in the windows and doors.
Signs, banners, or opaque coverings of any kind shall cover no more than 10%
of any window, a minimum of six (6') feet measured from the ground up, or
door area so that law enforcement personnel will have clear view of the entire
public area in the premises from the public sidewalk.
c. Days and hours of operation shall be between 7:00 a.m. and 9:00 p.m. Monday
through Saturday. Patrons shall be discouraged from loitering prior to, during
and/or after hours. At least one no loitering sign with letters at least two inches
(2") tall shall be installed and maintained where it will be most visible to
pedestrians on each side of the building in which the activity is located
including, but not limited to, street frontages and parking lots, to the
satisfaction of the Chief of Police.
d. Graffiti shall be removed from the premises of independent buildings for check
cashing, deferred deposit, payday advance and similar business activities
within 72 hours from the time first discovered or reported by any member of
the public and lor employee of said business.
e. Exterior pay telephones shall not be installed in front independent buildings for
check cashing, deferred deposit, payday advance and similar business
activities.
f. Litter shall be removed at least two times daily or as needed from in front of
and for twenty feet beyond independent buildings along adjacent street(s).
g. The applicant/operator shall post at least one certified uniformed security guard
on duty at all times the business is open. The security guard shall patrol the
interior and all exterior portions of the property under control of the owner or
lessee including, but not limited to, parking lots and any open public spaces
Ordinance No.
Page No.5
such as lobbies. Evidence of a contract with a security service provider shall be
submitted for review and approval by the Director of Planning and Building
prior to occupancy.
SECTION VI: If any section, subsection, phrase, word or provision of this ordinance or
the application thereof to any person or circumstances is held invalid by a court of competent
jurisdiction, the remainder of this ordinance and the application of such provisions to other
persons or circumstances shall not be affected thereby.
SECTION VII: Urgency Ordinances 3001-1A and 3001-1B are hereby no longer in
effect as of the effective date of this ordinance, as established in Section VIII, below.
SECTION VIII: This ordinance shall take effect and be in full force the 30th day from
its adoption.
Ordinance No.
Presented by
Approved as to form by
Jim Sandoval
Director of Planning and Building
Ann Moore
City Attorney
Page No.6