HomeMy WebLinkAboutPlanning Comm Reports /2006/05/31
AGENDA FOR A WORKSHOP MEETING
AND A SPECIAL MEETING OF THE
PLANNING COMMISSION OF THE
CITY OF CHULA VISTA, CALIFORNIA
4:30 p.m.
Wednesday, May 31, 2006
Police Department
Community Meeting Room
315 Fourth Avenue
Chula Vista, CA
CALL TO ORDER:
ROLL CALL I MOTIONS TO EXCUSE: Madrid_ Felber_ Bensoussan_ Nordstrom_Tripp_
PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
WORKSHOP MEETING OF THE PLANNING COMMISSION
4:30 p.m.
WORKSHOP TOPIC:
The Urban Core Specific Plan (UCSP) provides new development
regulations, design guidelines and a program for the provision of
infrastructure and urban amenities for the northwest area of the City.
This workshop/information session is to familiarize the Planning
Commission with the public review Draft UCSP.
Project Manager: Mary Ladiana, Planning Manager
Adjourn to a Special Meeting of the Planning Commission.
SPECIAL MEETING OF THE PLANNING COMMISSION
6:00 p.m
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.
Planning Commission
- 2 -
May 31,2006
1. PUBLIC HEARING: PCS 05-06; Consideration of application for the proposed
conversion of the existing 124-unit 307 Orange Avenue
apartment complex to 124 condominium units for individual
ownership. Premier Coastal Development. (Quasi-Judicial).
Staff recommends that public hearing be continued to June 14, 2006
2. PUBLIC HEARING: EIR 05-02; Close of 45-day public review period for the Draft
Subsequent Environmental Impact Report for the Eastlake III
Senior Housing Project. (Legislative)
Project Manager: Marni Borg, Environmental Projects Manager
3. PUBLIC HEARING: PCC 06-62; Consideration of a Conditional Use Permitto permit
the sale and on-site consumption of alcohol associated with a
3,200 sf restaurant within the Eastlake Village Walk commercial
center at the northwest corner of Eastlake Parkway and Miller
Drive. (Quasi-Judicial)
Project Manager: Stan Donn, Associate Planner
4. PUBLIC HEARING: PCS 06-01; Consideration of application for the proposed
conversion of the existing 156-unit Sevilla Apartment complex
located at 1301 Medical Center Drive to condominium units for
individual ownership. (Quasi-Judical)
Project Manager: Daniel Putnam, Consultant
DIRECTOR'S REPORT:
COMMISSION COMMENTS:
ADJOURNMENT:
To a Regular Planning Commission meeting on June 14, 2006 in
City Hall Council Chambers.
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CHV OF
CHULA VISTA
Depart:rnent of Planning and Bu.ilding
Date:
April 14, 2004
To:
Planning Commissioners
From:
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::: :::~:::~:::e~~:::~t Planning Manag~...
PCM 05-07 EastLake III General Development Plan (GDP) and Sectional
Planning Area (SPA) Plan, and Associated Regulatory Documents
amendment(s) bounded document (aka EastLake III Senior Housing Project).
Via:
Subject:
The above noted GDP/SP A document is being forwarded to you for your review associated with a
proposed 494-unit condominium Active Adult Community for seniors 55 and over, located at the
southwest corner of Olympic Parkway and Wueste Road (adjacent to the Olympic Training Center),
within the EastLake III master planned community.
The proposed project requires a General Plan, EastLake III GDP, SPA, and associated regulatory
documents amendment to change the existing land use from Commercial Visitor to Residential High
Density (18-27 du/ac).
The project will be presented to the Planning Commission for consideration on June 14,2006. The
document is provided to you at this time to allow you adequate time to review the proposed
amendments to the EastLake III GDP/SP A. The staff report and draft City Council Resolution and
Ordinance are forthcoming for your review.
The Draft Environmental Impact Report for the EastLake III Senior Housing Proj ect was previously
delivered to you for your review and comments.
If you have any questions regarding this document, please feel free to contact me at 619-409-5953.
Thank you,
Stan Donn
PLANNING COMMISSION AGENDA STATEMENT
Item: ~
Meeting Date: May 31, 2006
ITEM TITLE:
Public Hearing: Close of 45-day public review period for the Draft
Subsequent Environmental Impact Report for the EastLake III Senior
Housing Project (EIR- 05-02)
BACKGROUND:
Pursuant to Section 6.8 of the City of Chula Vista Environment Review Procedures, the public
review period for a draft EIR "... shall terminate with the closing of the public hearing held by the
Planning Commission to provide input of the Draft ElR." All comments received at the Planning
Commission public hearing to close public review, including those made by the Planning
Commission, will be responded to as part of the Final EIR.
Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15088(a), the lead
agency" . . . shall evaluate comments on environmental issues received from persons who reviewed
the ElR and shall prepare a written (emphasis added) response." The requirement that a written
response be provided to comments received on a Draft EIR precludes staff from responding to
comments provided at the hearing to close the public review period. All comments received on the
Draft EIR during the public review period become part of the administrative record and will be
included in the Final EIR. All persons and agencies providing comment on the EIR will be afforded
the opportunity to review the response to comments prior to the certification of the Final EIR.
At this public hearing Commissioners can either make individual comments on the Draft EIR, or
through a motion, make comments on the document as a Commission. If only individual comments
are made, the Commission does not need to take formal action to comment on the Draft EIR.
It is important to note that comments provided at this time should be limited to the adequacy of the
Draft EIR. Upon completion of the Final EIR, the entire project will be brought before the Planning
Commission for consideration.
RECOMMENDATION:
That the Planning Commission accept comments on the Draft Subsequent EIR for the EastLake III
Senior Housing Project.
BOARDS/COMMISSIONS RECOMMENDATION: N/ A
Page 2, Item:_
Meeting Date: 5/31/06
CONCLUSION:
The foregoing provides a summary of the City of Chula Vista Environmental Review Procedures and
the CEQA Guidelines pertaining to receiving and responding to comments received on a Draft EIR
during public review. Therefore, staff recommends that the Planning Commission conduct a public
hearing to receive comments on the adequacy of the Draft Subsequent EIR for the EastLake III
Senior Housing Project. At the conclusion of the public and Planning Commission comments, the
Commission should close the public hearing, thus ending the public review period for the Draft EIR.
PLANNING COMMISSION AGENDA STATEMENT
Item: 3
Meeting Date: 5/31/06
ITEM TITLE:
PUBLIC HEARING: PCC -06-062: Consideration of a Conditional Use
Permit to permit the sale and on-site consumption of alcohol associated with
a 3,200 sq. ft. restaurant within the EastLake Village Walk commercial center
at the northwest corner of EastLake Parkway and Miller Drive.
The applicant, Pei Wei Asian Diner, has filed a Conditional Use Permit application to permit the sale
and onsite consumption of alcohol associated with the sit down restaurant. The restaurant will be part
of a 13.3-acre commercial center known as the EastLake Village Walk, located at the northwest
corner of EastLake Parkway and Miller Drive (see Location Map, Attachment 1).
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act, and has determined that the project is covered under the
previously approved Mitigated Negative Declaration IS-04-027. Thus, no further environmental
reVIew IS necessary.
RECOMMENDATION:
Adopt attached Resolution PCC-06-062 approving the Conditional Use Permit based on the findings
and subject to the conditions contained therein.
DISCUSSION:
Project Background
On September 19,2005 the Design Review Committee considered and conditionally approved the
EastLake Village Walk commercial center design, which contains the abovementioned restaurant and
other retail users. The Pei Wei restaurant is part of building 16, located on the south side of the
commercial center (see Floor Plan, Figure 1).
The EastLake II Planned Community (PC) District Regulations applicable to the EastLake Village
Walk commercial center site require a Conditional Use Permit for restaurants that include sale of
alcohol.
Existing Site Characteristics
The Pei Wei Asian Diner sit down restaurant will be located within the 13.3-acre EastLake Village
Walk commercial center at the northwest corner of East Lake Parkway and Miller Drive. The site is
currently vacant and being graded in conjunction with the EastLake Village Walk commercial center
grading program.
Page No.2, Item:
Meeting Date: 5/31/06
The commercial center surrounding land uses include:
. Future SR-125 freeway alignment to the west;
. The Business Center I to the north and east across EastLake Parkway;
. The EastLake Shores residential community to the west (across the future SR -125
freeway); and
. the EastLake Village Marketplace commercial to the south.
Access to the Pei Wei restaurant is provided by the commercial center main entrance drive (see Floor
Plan, Figure 1).
Zoning and Land Use
General Plan CV Municipal Code PC District Land Existing Land Use
Zoning Use Designation
Site (Commercial Commercial Retail PC, Planned VC-la, Village Vacant
Center Site) Community Center
North Industrial Research PC, Planned BC, Business Center Industrial, EastLake
& Manufacturing Community Parkway
South Commercial Retail PC, Planned VC-l, Village EasLake Village
Community Center Marketplace
commercial center
East Industrial Research PC, Planned BC, Business Center Vacant, EastLake
& Manufacturing, Community Parkway
West Residential Low- PC, Planned N/A EastLake Shores
Medium; Community residential, Future
SR-125 Right-of-Way SR-125 Freeway
Proposal
The applicant is requesting the approval of the Conditional Use Permit for the sale and onsite
consumption of alcohol associated with a 3,200 sq. ft. sit down restaurant with a 520 sq. ft. outdoor
patio (see Floor Plan, Figure 1). The sale and on site consumption of alcohol, which includes only
wine and beer, would be incidental to the primary sale of food. The restaurant is located at the main
entry of a large commercial shopping center and has been designed in accordance with the approved
center design guidelines. The hours of operation would be from 11 :00 a.m. to 9:00 p.m. Sunday to
Thursday and 11 :00 a.m. to 10 p.m. Friday and Saturday.
Page No.3, Item:
Meetin2 Date: 5/31/06
ANALYSIS:
The EastLake II Planned Community District Regulations do not prescribe the Conditional Use
Permit requirements for sale of alcoholic beverages for on-site consumption, and defers to the Chula
Vista Municipal Code (CVMC) for the appropriate regulatory requirements.
The CVMC address alcoholic sales only within the Neighborhood Commercial (CN) Zone, due to
the neighborhood character with general adjacency to residential land uses. Section 19.34.030 (b) of
the Chula Vista Municipal Code (CVMC) requires a Conditional Use Permit for establishments that
sell beer or other alcoholic beverages for consumption on the premises only, and where the sale is
incidental with the sale of food.
The proposed Pei Wei restaurant with incidental sale of alcohol for consumption is consistent with
the types of sit down restaurants that would be found within a typical upscale commercial center,
such as the EastLake Village Walk. The incidental alcohol sales provide a desirable service to the
existing business community, nearby residents and the general public.
The Chula Vista Police Department (CVPD) has reviewed the CUP application and has supplied
seven specific conditions, found at condition #5 in the attached Resolution (see Attachment 4). The
applicant is also required to obtain a liquor license from the State ABC for the sales of alcohol.
The sale of alcohol for the Pei Wei restaurant is limited to the hours from 11 :00 a.m. to 9:00 p.m.
Sunday to Thursday, and II :00 a.m. 10:00 p.m. Friday and Saturday, which is consistent with the
applicant's proposed hours of operation. The proposed permit will complement the restaurant
service and operation.
The applicant has provided information, based on other locations across the country, that the sale of
beer and wine range from 3-5% of the total sales and is an incidental use to the restaurant. Pei Wei
Asian Diner also provides an alcohol awareness training program to train managers and employees
the local and state liquor regulations, as well as how to handle problems before they arise. Alcoholic
beverage is only served at the order counter instead of the customer's table. By requiring the
customer to come to the counter to order alcoholic beverages, the cashier will be able to assess the
customer's sobriety, which will further help to reduce the likelihood of a customer becoming
intoxicated.
Thus, staff recommends that the sale of alcohol be approved for the Pei Wei Asian Diner restaurant,
subject to approval of a liquor license by the ABC; and conditions listed in the attached Planning
Commission Resolution.
Page No.4, Item:
Meeting Date: 5/31/06
CONCLUSION
For the reasons mentioned above, staff recommends approval of PCC-06-062 for Pei Wei Asian
Diner restaurant, subject to the conditions contained in the attached Planning Commission
Resolution.
Attachments
1. Locator Map
2. Figure 1. Site Plan
3. Ownership Disclosure Form
4. Planning Commission Resolution
J:\Plannin~StanD\Eastlake-Village WallM'CC 06-062 Pei WeMgenda May 3 I, 06.doc
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CHULA VISTA PLANNING
LOCATOR PROJECT P' W 'A' D'
ru APPLICANT: el el sian mer
(9 PROJECT
ADDRESS: 830 Miller Dr,
SCALE: FILE NUMBER:
NORTH No Scale PCC-OS-QS2
AND BUILDING DEPARTMENT
PROJECT DESCRIPTION:
Miscellaneous
Project Description: Proposal for the sale of Beer and Wine for
on-site consumption at Pei Wei Restaurant.
Related cases: None
J:\planning\carlos\Jocators\pcc06062.cdr 03.14.06
Attachment 1
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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.
fANCH.t.o.. i::k."t:LOPfo\t.HT Sf&""ES
P€I ..1,,1 AsiA'" D."'tp.
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with
a $2000 investment in the business (corporation/partnership) entity.
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
4. Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter.
5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chufa
Vista as it relates to this contract within the past 12 months. Yes_ No~
If Yes, briefly describe the nature of the financial interest the official.* may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No ~ Yes _If yes, which Council member?
1276 Fourth Avenue
Chula Vista/ Californi.a
91910
(61 9) 69.1 - 51 01
Attachment 3
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CnY OF
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APPLICATION APPENDIX 8
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City of Chula Vista in the
past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes _ No.$-.
If Yes, which official** and what was the nature of item provided?
Date, 2. 2. 06 Signat~:
M ""IT C L.A~K
type name of Contractor/Applicant
Print or
*
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit.
**
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commission, or committee of the City, employee, or staff members.
1276 Fourth Avenue
Chula Vista
Caiifornia
91910
(619) 691-5101
RESOLUTION NO. PCC 06-062
RESOLUTION OF THE PLANNING COMMISSION OF CHULA VISTA
APPROVING A CONDITIONAL USE PERMIT TO PERMIT THE SALE AND
ONSITE CONSUMPTION OF ALCOHOL ASSOCIATED WITH A SIT DOWN
RESTAURANT LOCATED WITHIN THE EASTLAKE VILLAGE WALK
COMMERCIAL CENTER AT THE NORTHWEST CORNER OF EASTLAKE
P ARKW A Y AND MILLER DRlVE- PEl WEI ASIAN DINER.
WHEREAS, the EastLake Village Walk Commercial Center is located at the northwest corner
of EastLake Parkway and Miller Drive within the EastLake II Planned Community; and
WHEREAS, the EastLake II Planned Community District Regulations require restaurants
with sale and on site consumption of alcohol obtain approval of a Conditional Use Permit; and
WHEREAS, on March 1,2006 a duly verified application for a Conditional Use Permit was
filed with the City ofChula Vista Planning and Building Department by Pei Wei Asian Diner; and
WHEREAS, said application requests approval of a Conditional Use Permit to allow the
sales and consumption of alcohol associated with a 3,200 square foot sit down restaurant with a 520
square foot outdoor patio ("Project"); and
WHEREAS, the area of land which is the subject matter of this Resolution is
diagrammatically represented in Exhibit "A" and commonly known as easterly portion (Building 16)
of the EastLake Village Walk; 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 the
project is covered under the previously approved Mitigated Negative Declaration IS-04-027. Thus,
no further environmental review is necessary; and
WHEREAS, the Planning & Building Director set the time and place for a hearing on said
Conditional Use Permit application and notice of said hearing, together with its purpose, was given
by its publication in a newspaper of general circulation in the City, and its mailing to property
owners 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 May 10, 2006
at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said
hearing was thereafter closed; and
WHEREAS, the Planning Commission considered all reports, evidence, and testimony
presented at the public hearing with respect to subject application.
Resolution No. PCC-06-062
Pei Wei Asian Diner
Page 2
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION FINDS
AS FOLLOWS:
1. That the proposed use at this location is necessary or desirable to provide a service or
facility which will contribute to the general well being of the neighborhood or the
community.
The proposed sit down restaurant is located within a major commercial center with nearly
166,000 sq. ft. of retail, commercial and restaurant uses. The proposed sit down restaurant
provides dining opportunities to serve the residents of EastLake, the EastLake Business
Center, and travelers along EastLake Parkway and the future SR-125 freeway. The incidental
alcohol sales will provide customary service typically offered by sit down restaurants.
2. That such use will not, under the circumstances ofthe 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 restaurant will be located within an upscale commercial center designed for this and
other complimentary food and retail uses. The restaurant is consistent with the types of uses
that would be found within a commercial center, such as this and the adjacent the EastLake
Village Marketplace. The sit down restaurant with incidental alcohol sales provides a
desirable service to the existing business community and nearby residents.
The sale of alcohol is limited to the hours from 11 :00 a.m. to 9:00 p.m. Sunday to Thursday,
and 11 :00 a.m. to 10:00 p.m. Friday and Saturday. The applicant is also required to obtain a
liquor license from the State ABC for the sales of alcohol. Pei Wei Asian Diner also
provides an alcohol awareness training program to train managers and employees the local
and state liquor regulations, as well as how to handle problems before they arise. Alcoholic
beverage is only served at the order counter instead of the customer's table. By requiring the
customer to come to the counter, the cashier will be able to assess the customer's sobriety,
which will further help to reduce the likelihood of a customer becoming intoxicated.
Therefore, the use will not be detrimental to persons residing or working in the vicinity or
injurious to property or improvements in the vicinity.
3. That the use will comply with the regulations and conditions specified in the code for
such use.
The facility is required to comply and remain in compliance with the regulations of the
Municipal Code and the conditions listed below. If the applicant or its successors in interest
fail to comply with the conditions or the Municipal Code, this Conditional Use Permit may
be subject to modification or revocation. The conditions herein imposed on this Conditional
Use Permit are approximately proportional, both in nature and extent, to the impact created
Resolution No. PCC-06-062
Pei Wei Asian Diner
Page 3
by the proposed development.
Additionally, the applicant must obtain a license from the State ABC before a business
license can be issued for this component. At this time the police department is
recommending that the applicant apply for the ABC license and expects approval for the
sales of alcohol incidental to the restaurant with appropriate conditions from the Police
department.
4. That the granting of the Conditional Use Permit will not adversely affect the General
Plan of the City or the adopted plan of any governmental agency.
The General Plan designates the site as Commercial Retail. Restaurants which sell alcoholic
beverages for onsite consumption are considered consistent with Commercial Retail land use.
Thus, the proposed restaurant use is consistent with the General Plan - land use element, the
EastLake I SPA Plan and EastLake II PC District Regulations.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION BASED ON THE
FINDINGS ABOVE, hereby grants approval of the Conditional Use Permit subject to the following
conditions:
I. The applicant shall obtain a beer and wine license from the state ABC prior to occupancy and
the issuance of a business license to sell beer and wine.
2. The applicant shall comply with the State Liquor Laws and City Ordinances, and all
conditions required by the Chula Vista Police Department pertaining to the sale and
consumption of alcoholic beverages.
3. Hours of operation for the restaurant and for the sale of alcohol within the restaurant shall be
limited to 11 :00 a.m. to 9:00 p.m. Sunday to Thursday, and II :00 a.m. to 10:00 p.m. Friday
and Saturday.
4. Alcoholic beverages may only be served at the order counter and consumed by customers
onsite.
5. The applicant shall comply with the requirements of the Chula Vista Police Department
Crime Prevention Unit including:
a. At the discretion of the Police Department, the applicant shall provide a video surveillance
security system for the restaurant. The camera system shall be monitored by the restaurant
staff, be recorded (with time and date stamp). The recorded video shall be kept for a 120-day
period should it be needed for an investigation or court hearing. In the event City staff
determines that security problems exist on the site, the conditions of approval of this permit
may be amended to require the provision of additional security measures or other additional
Resolution No. PCC-06-062
Pei Wei Asian Diner
Page 4
conditions to mitigate security problems.
b. No loitering shall be allowed near the entrance/exit of the business.
c. No music and/or noise in excess ofthe City's standards shall be allowed to broadcast off-
premIse.
d. The amount of alcohol sales shall not exceed 3-5% of total sales.
e. No alcohol sales for off-premise use.
f. Operator shall remove graffiti within 48 hours.
g. Implement the security recommendation of the Crime Prevention Unit of the Police
Department, including access control, surveillance detection, and police response, and
ongoing training of management and employees in security procedures and crime prevention.
Implementation of these recommendations shall coincide with the commencement of
operations.
6. Applicant shall provide training to employees regarding the Alcoholic Beverage Control Act
including training in identification oflevels of intoxication and responsible beverage service.
7. Comply with all applicable conditions as listed in the Notice of Decision for DRC-06-04,
EastLake Village Walk commercial center.
8. Obtain approval of trash and recycling plan from the City's Recycling Coordinator. Provide
sufficient space for designated "recyclables" and ensure that provisions are made to meet the
minimum 50% recycling requirement to the satisfaction of the Recycling Coordinator for the
City of Chula Vista.
9. This Conditional Use Permit for the incidental sale and onsite consumption of alcohol shall
be applied to the Pei Wei Asian Diner or similar food establishments at this location. In the
event that a different type of food establishment is proposed where the sale and onsite
consumption of alcohol is not an incidental use, amendment to this Conditional Use Permit
or a new Conditional Use Permit shall be required.
10. Comply with all City ordinances, standards, and policies except as otherwise provided in this
Resolution. Any violation of City ordinances, standards, and policies, or any condition of
approval of this Conditional Use Permit, or any provision of the Municipal Code, as
determined by the Director of Planning & Building shall be grounds for revocation or
modification of this Conditional Use Permit by the City of Chula Vista.
11. This permit shall be subject to any and all new, modified or deleted conditions imposed after
approval of this resolution to advance a legitimate governmental interest related to health,
safety or welfare which the City shall impose after advance written notice to the grantee and
after the City has given to the grantee 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.
Resolution No. PCC-06-062
Pei Wei Asian Diner
Page 5
12. 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 returned to
the Planning Department. Failure to return a signed copy and stamped copy of this recorded
document within thirty days of recordation to the Planning and Building Department shall
indicate the property Owner' s/ Applicant's desire that the Project be held in abeyance without
approval.
This Conditional Use 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 permit to be reviewed by the City for
additional conditions or revocation.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF Chula Vista,
CALIFORNIA, this 31st day of May, 2006, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ATTEST:
Diana Vargas, Secretary
Bryan Felber, Vice Chair
J:\Planning,StanD\Eastlake-Village WalR.PCC 06-062 Pei WeM'C CUP Resolution.doc
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EXHIBIT A
PLANNING COMMISSION AGENDA STATEMENT
Item:L
Meeting Date: 5/31/2006
ITEM TITLE:
PUBLIC HEARING: Consideration of application PCS 06-01;
for the proposed conversion of the existing 156-unit Sevilla
apartment complex to condominium units for individual ownership
- Mark Gosselin Trust.
The Applicant, Mark Gosselin, has submitted an application for a Tentative Subdivision
Map (one-lot condominium map) to convert a 156-unit apartment complex to 156
condominium units for individual ownership. The 7.95-acre project site is located at
1301 Medical Center Drive (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-06-01, 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 Sevilla apartment complex was constructed in 2001 and consists of 156
apartment units and common open space. Tentative and Final map approvals are required
to create the one-lot 156-unit condominium map, with final action by the City Council.
Condominium conversion projects in Chula Vista also require Design Review; however,
per the City's "Residential Condominium Conversions Procedural Guide &
Requirements," this project is exempt because it went through design review within ten
years of this Tentative Map submittal (DRC-99-61, approved September 7, 1999) and is
not proposing any exterior building upgrades or modifications as part of the Tentative
Map application. Therefore, as determined by the Zoning Administrator, further Design
Review is not required at this time.
Project Site and Setting
The site is a generally rectangular level, 7.95-acre lot with an existing apartment complex
Page No.2, Item:_
Meeting Date: 5/31/06
located at 1301 Medical Center Drive. The existing uses adjacent to the site are listed in
the table below.
Table 1: Zoning and Land Use
General Plan Zoning Existing Land Use
Site RMH Residential PC Planned Multi-family
Medium High Community: residential (apts.)
Sunbow II
Residential Multi-
family (RM)
North PQ Public and CO-Administrative Parking Chula Vista
Quasi-Public and Professional Medical Center
(Chula Vista Office buildings
Community
Hospital)
East PQ Public and CO-Administrative Medical buildings
Quasi-Public; PO and Professional
Professional & Office
Office
South CR Commercial PC Planned Shopping Center
Retail Community:
Sunbow II Village
Center Commercial
(VC)
West RLM Residential PC Planned Single-family
Low Medium Community: residential
Sunbow II
Residential Single
Family (RS)
Immediately south is the Plaza at Sunbow shopping center, with a direct connection via a
stairway at the project's rear; approximately l!4-mile east is Veteran's Park and
community center; and approximately one-half mile east is Hedenkamp Elementary
School, all accessible on improved streets with sidewalks.
Project Description:
The complex consists of 30 three-bedroom units, 108 two-bedroom units, and 18 one-
bedroom units arranged into 7 three-story buildings; a 3,300 sq.ft. community clubhouse
with fitness center and business center, and a swimming pool, playground, and
picniclBBQ areas; and 303 garage, carport, and open parking spaces. Units "Buenaventura"
and "Santa Barbara" are 3 bedrooms, 2 baths, ranging from 1,221 to is 1,352 sq.ft.; Unit
Page No.3, Item: _
Meeting Date: 5/31/06
"San Gabriel" is 2 bedrooms, 2 baths, 1,160 sq.ft.; Unit "San Carlos" is 2 bedrooms, 1
bath, 947 sq.ft; and Unit "Solano" is 1 bedroom and 1 bath, 803 sq.ft.
The units were originally proposed in 1999 as luxury apartment units and feature upscale
amenities. Each unit has 9-ft ceilings and ceiling fans; a gas fireplace; gourmet kitchen;
full appliance package (full-size washer/dryer, refrigerator, dishwasher, disposal,
microwave ovens); walk-in closets; individual unit intrusion security alarms; sound
proofing construction; private open space (patio or balcony) with exterior storage/utility
closets attached directly to the units.
Storage space is provided in existing laundry rooms and utility closets, while additional
storage is proposed in the carports and garages. 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 2001 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: 641-122-01
Current Zoning: PC-Planned Community: Sunbow II
Residential Multi-family (RM)
Land Use Designation: RMH Residential Medium High
Lot Area: 7.95 acres
REQUIRED: PROVIDED:
Parking: 303 Spaces total 35 Garage spaces
1.5 space/1-BR unit x 18 = 27 spaces 68 Carport stalls
2 spaces/2-BR unit x 108 = 216 spaces 200 Open spaces
2 spaces/3-BR unit x 30 = 60 spaces 303 Total Spaces
(includes 11 handicapped spaces)
Lot Coverage: Subject to Site Plan Review 23 %
Setbacks:
Front: 10' minimum 36.8 ft.
Both Interior Side Yards: * 72.5 and 11.2 ft.
Rear: * 47.2 ft.
*Subject to Site Plan Review
Page No.4, Item:_
Meeting Date: 5/31/06
Storage:
250 cu. ft. / 3-bedroom unit
200 cu. ft. / 2-bedroom unit
150 cu. ft. / I-bedroom unit
The storage requirement is met by space in
existing balcony closets, laundry rooms, and
proposed storage in carports and garages, with
a minor deficiency in 48 units (see detail in
Analysis: Municipal Requirements, C.)
Open Space: 64,800 SF
480 SF/ 3-BR unit x 30 units = 14,400 SF
400 SF/ 2-BR unit x 108 units = 43,200 SF
400 SF/ 1-BR unit x 18 units = 7,200 SF
80,000 SF (excess of 15,200 SF)
Patios/decks = 8,800 SF
Clubhouse and pool area = 15,176 SF
Playground = 2,223 SF
Usable landscaped open space = 53,801 SF
Building Height:
45' (3 stories)
34' to 36' (3 stories)
Analysis:
Although this is a basic request to convert this apartment complex into condominium
units, it is not the owners stated intention to sell the units at this time. They simply wish
to preserve their ability to sell at some time in the future by complying with the
subdivision rules as they exist today. Staffhas considered the impacts of a delayed sales
proposal and believes that the proposed conditions of approval are sufficient to allow
approval of the request in keeping with all current requirements of the State Subdivision
Map Act and the City of Chula Vista Subdivision Ordinance. The following sections
provide staffs analysis of the aspects of this request.
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 of 2004, 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: 5/31/06
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 20,
with the City 2004.
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.
lO-day notice to all eXlstmg 10 days before or after To be determined!
tenants of an application of a submittal of the Public Typically following Final
Public Report - "Form C" Report to the Department of Map approval
Real Estate
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/termination 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 To be determined!
tenants of intent to of tenancy Typically following Final
convert/termination of tenancy - Map approval
"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. A meeting for residents will be held a week prior to the 180-day notices to explain
the conversion process and time frames. Resident meetings will also be held a
month prior to conversion to provide information on purchasing and introduce
them to the sale and finance teams.
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. The project's management company, RA Snyder, will provide residents a
comprehensive Resident Assistance Program, including a full time Resident
Relations Coordinator, whose only job is to be available to assist tenants during
this process.
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 Applicant or the
Page No.6, Item: _
Meeting Date: 5/31/06
Community Development Department.
5. All resident will receive full return of security deposits upon move-out.
The applicant is not providing any relocation assistance to renters who choose not to
purchase their unit. Applicant has noted that due to Sevilla'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. The Applicant has
provided information showing there are comparable existing apartment complexes with
2,247 units within a 2-mile radius ofthe project (see Attachment H for a map and list.)
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 of the final map.
Property Condition Assessment Report
Per City of Chula Vista's "Residential Condominium Conversions Procedural Guide &
Requirements," a "Physical Condition Report" is not required for this project because the
apartment complex received a Certificate of Occupancy within five years of this Tentative
Map submittal; however, the Applicant did provide a cursory inspection letter report by
JCEP/Huang Consulting Engineers, which indicates no problems, stated that the property is
in overall good condition without obvious defects, and that in their opinion the property is
comparable to or better than other similar properties of similar age in the area. Subject to a
continued program of sustained preventative maintenance, the remaining economic life of
the subject apartments should exceed 40 years. 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.
Individual electric units and No change proposed.
thermostats.
Individual 40-gallon gas water No change proposed.
heater.
Gas meters Individual gas meters.
Electric meter Individual meters.
Water HOA
Sewer HOA
*Cable Individual unit.
* Telephone Individual unit.
*Not covered in the HOA
Heating
Water heaters
No change proposed.
No change proposed.
HOA
HOA
No change proposed.
No change proposed.
Page No.7, Item:_
Meeting Date: 5/31/06
The maintenance and monthly payment of the utilities would be addressed III the
project's CC&Rs.
Municipal Code Requirements:
A condominium conversion project must satisfy certain City requirements including
current zoning, 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 64,800 square feet of open space. This project provides
80,000 SF of open space, which is an excess of 15,200 SF. The existing open space
includes private patios or balconies on all units (8,800 SF); common open space
comprising the club house, swimming pool, and leasing area (15,176 SF); children's
playground (2,223 SF); and landscaped and usable open space area (53,801 SF.)
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 is also conditioned to
comply with current fire protection requirements.
B. Uniform Building Code: The project was constructed in 2001 under the 1998
Uniform Building Code. The Building Department reviewed the "Property
Condition Assessment Report" prepared by JCEP/Huang Consulting Engineers,
Inc., and found that the Project satisfies the Building Code requirements, subject to
the conditions of approval specified in Attachment C, the attached Draft City
Council Resolution of Approval.
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 1-BR units
require 150 cu. ft. Existing and proposed storage space is provided for the project,
including laundry room, utility closet on the patio or balcony, and cabinets in
garages or carports. As summarized in the table below, an excess of the full storage
Page No.8, Item:_
Meeting Date: 5/31/06
requirement is provided for 90 units; 18 units have 100% of the storage provided;
12 units have 95% of the storage provided (13 cU.ft. deficiency); and 36 units have
90% of the storage provided (20 cU.ft. deficiency.) The Applicant has provided
detailed information regarding the cU.ft. contained in each unit type and its location.
Table 5: Storage
No. of Type Storage Storage Percent Deficiency
Units (#BR / Provided Required of Req't (cu. ft.)
#bathroom) (cu. ft.) (cu. ft.) Provided
18 1/1 150 150 100% 0
36 2/1 180 200 90% 20
72 2/2 301 200 150% 0
12 3/2 237 250 95% 13
18 3/2 274 250 110% 0
Per CVMC 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, as this project provides an additional 15,200 SF of open space beyond
what is required and also provides excellent community amenities (a 3,300 sq.ft.
community clubhouse that includes a meeting facility, a sWImmmg pool,
playground, fitness center, and a business center with computers, copiers, printers,
and fax machines for residents). The individual units also have desirable
amenities, including 9-ft ceilings; full appliance packages; individual unit intrusion
security alarms; sound proofing construction; and private open space (patio or
balcony.) The project proposes to add 100 cubic feet of storage to the 30 individual
garages and 90 cubic feet of storage to the 54 carports.
Staff believes that the merits of this project, as listed above, adequately compensate
for the minor deficiency of storage space in 48 of the units. Also, the project 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 is required to conform to Uniform Housing Code
requirements in existence at the time of the approval of the Subdivision Map. The
Page No.9, Item:_
Meeting Date: 5/31/06
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
September, 1999 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 CVMC 19.62.050, 1-BR units need 1.5 parking spaces,
while 2-BR units and 3-BR units require 2 parking spaces. The Project meets the
parking requirement, providing a total 303 parking spaces, consisting of 35 parking
stalls in garages, 68 carport stalls, and 200 open spaces. Eleven handicapped
spaces are included in the total.
G. Design Guidelines: Pursuant to the City's "Residential Condominium Conversions
Procedural Guide & Requirements," it has been determined by the Zoning
Administrator that since this project went through Design Review as part of the
original development application (DRC-99-61, approved September 7, 1999) and is
not proposing any exterior building upgrades or modifications as part of the
Tentative Map application, further Design Review is not required. All the original
Design Review conditions 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.
1. Although not required to provide a Physical Elements Report due to receiving a
certificate of occupancy within five years of submittal for this Tentative Map, the
applicant submitted a brief inspection report for review by the City's Building
Official, which concluded that the existing apartment complex is in good overall
condition, without obvious defects noted.
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.
Page No. 10, Item:_
Meeting Date: 5/31/06
CONCLUSION:
Staff recommends that the Planning Commission adopt Resolution PCS 06-01
recommending that the City Council approve the proposed Tentative Map PCS 06-01.
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 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:
1. Tentative Map/Site Plan
2. Garage & Carport Storage Areas
3. Elevations
4. Project Photographs
E. Noticing Documentation
F. Homebuyer Assistance Program
G. Disclosure Statement
H. Map & Apts. List within 2-mile radius
]:\Planning\Case Files\-06 (FY 05-06)\PCS\PSC-06-0 1 \StaffReports\PC\PCS-06-01 ]C AGENDA ST A TEMENT.doc
PROJECT
lOCATION
LCSR
NORTH
1301 MEDICAL CENTER DRIVE
ATf ACttM"EN1' A
RESOLUTION NO. PCS-06-01
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE A TENTATIVE MAP
TO DIVIDE INTEREST IN 7.95 ACRES AT 1301 MEDICAL CENTER DRIVE FOR A
ONE-LOT CONDOMINIUM CONTAINING 156 RESIDENTIAL UNITS (MARK
GOSSELIN).
WHEREAS, on July 19, 2005, a duly verified application was filed with the City ofChula
Vista Planning and Building Department by Mark Gosselin ("Applicant"), requesting approval of a
Tentative Subdivision Map to convert 156 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
7.95 acre lot located at 1301 Medical Center Drive ("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 May 31, 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-06-0 1 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 and its mailing to the current tenants residing at 1301 Medical
Center Drive, 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., May
31,2006, 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.
A1fACtt tv1eNT 0
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 31st day of May, 2006, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
Chairperson
ATTEST:
Diana Vargas, Secretary
DRAFT RESOLUTION NO. 2006-_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ESTABLISHING
CONDITIONS OF A TENT A TIVE MAP TO DIVIDE
INTEREST IN 7.95 ACRES AT 1301 MEDICAL CENTER
DRIVE FOR A ONE-LOT CONDOMINIUM CONTAINING 156
RESIDENTIAL UNITS - MARK GOSSELIN TRUST.
I. RECITALS
A. Project; Application for Discretionary Approval
WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on July
19,2005, with the City ofChula Vista Planning and Building Department by Mark Gosselin
Trust ("Applicant") requesting approval of a Tentative Subdivision Map to convert 156
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.
06-01, Tentative Subdivision Map, and for the purpose of general description herein consists
of7.95 acres located at 1301 Medical Center Drive ("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-06-01, Tentative Subdivision Map for a 156-unit condominium conversion on May 31,
2006; and
D. Planning Commission Record of Applications
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
May 31, 2006, and after hearing staff s presentation and public testimony voted _ - _ -_to
recommend that the City Council approve the Project, in accordance with the findings and
subject to the conditions listed below; and
E. Council Record of Applications
WHEREAS, the City Clerk set the time and place for the public hearing on the Project's
tentative subdivision map application; and notice of said hearing, together with its purpose,
was given by its publication in a newspaper of general circulation in the City, its mailing to
property owners within 500 feet of the exterior boundary of the project and its mailing to the
current tenants residing at 1301 Medical Center Drive, 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 July 11, 2006, in the Council Chambers in City
Hall, Chula Vista Civic Center, 276 Fourth Avenue, at 6:00 p.m. to receive the
AnACttMeN\ C
Resolution No. 2006-
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 May 31,2006, 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 1301
Medical Center Drive, 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 RM Residential
Multifamily. Under the Sunbow II SPA, the project site is designated for 160
dwelling units; 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.
2
Resolution No. 2006-
3. Housing
The Project is consistent with the density prescribed within the Sunbow Villas II
Sectional Planning Area (SPA) Plan and provides attached condominium units for
individual ownership. The conversion of 156 apartment units to 156 condominium
units creates additional opportunities for residential ownership.
4. Open Space
The Project includes adequate, existing on-site open space areas in the form of private
open space for each unit (patio or balcony) as well as landscaped common open space
areas and a 3,300 sq.ft. community clubhouse (including a meeting facility, fitness
center, business center, and kitchen), a swimming pool, BBQ areas, and playground
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 ofthe Planning
and Building Department's determination that the original building permits issued by the
City ofChula Vista in 2001 for the existing project adequately addresses compliance with
the Building Code for the existing construction.
C. Storage: Section 15.56.020 requires minimum storage area for each unit. The City
Council finds that the merits of this project compensate for the minor shortfall of storage
3
Resolution No. 2006-
space in 48 of the units (where 90 - 95% of the storage requirement is provided); that the
project meets the overall qualities desired by the City in its condominium housing
product; and that it will provide high quality for-sale multi-family units desirable to the
public.
If the City Council is not comfortable with taking advantage ofCVMC 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 September,
1999 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 CVMC 19.62.050, 1-BR units need 1.5 parking spaces, 2-BR
units 2 parking spaces, and 3-BR units 2 parking spaces. The Project meets the parking
requirement, providing a total 303 parking spaces, consisting of 35 parking stalls in
garages, 68 carport stalls, and 200 open spaces. Eleven handicapped spaces are included
in the total.
G. Design Guidelines: Pursuant to the City's "Residential Condominium Conversions
Procedural Guide & Requirements," it has been determined by the Zoning Administrator
that since this project went through Design Review as part of the original development
application (DRC-99-61, approved September 7, 1999) and is not proposing any exterior
building upgrades or modifications as part of the Tentative Map application, further
Design Review is not required. All the original Design Review conditions 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 Project has completed a housing
inspection, and will be required to perform any 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 64,800 square feet of open space. This
project provides 80,000 SF of open space, which is an excess of 15,200 SF. The existing
open space includes private patios or balconies on all units (8,800 SF); common open
space comprising a club house, swimming pool, and leasing area (15,176 SF); a
children's playground (2,223 SF); and landscaped and usable open space area (53,801
SF.)
4
Resolution No. 2006-
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 hearings 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 oflntent to Convert", and a "Notice to Prospective Tenants oflntent to Convert".
BE IT FURTHER RESOLVED that the City Council does hereby approve Tentative Subdivision
Map, Chula Vista Tract No. 06-01 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. 06-01, 1301
Medical Center Drive.
IX. SPECIAL CONDITIONS OF APPROVAL
A. The conditions herein imposed on the tentative map approval or other entitlement herein
contained is approximately proportional both to nature and extent of impact created by the
proposed development. Unless otherwise specified, all conditions and code requirements
listed below 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 May 31, 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
5
Resolution No. 2006-
alternative rental housing opportunities and assistance in relocation in conjunction with
the presentation of the schedule for the phasing of the conversion of the apartments to
condominiums.
4. 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. lO-day Notice to all existing tenants of Final Map approval- "Form D".
c. Notice to all prospective tenants of option to purchase/termination of tenancy -
"Form E.
d. 90-day Notice to all existing tenants of option to purchase/termination of tenancy -
"Form F".
e. 180-day notice to all existing tenants of intent to convert/termination of tenancy -
"Form G".
5. Submit plans and information to the satisfaction of the Fire Marshall that proposed
condominium units meet current California Fire Code, including but not limited to fire
access, water supply, sprinkler systems, and fire alarms. Any modification to the fire
sprinkler or alarm system shall be submitted to the Chula Vista Fire Department for
approval.
6. Any and all agreements that the Applicant is required to enter into hereunder shall be in a
form approved by the City Attorney.
7. 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.
DRAINAGEINPDES
8. All onsite drainage facilities shall be private.
6
Resolution No. 2006-
9. Any private surface flows shall be treated prior to entering into a public right of way. If
such treatment occurs in a street inlet then the Developer shall provide a funding
mechanism for perpetual maintenance prior to the final map approval.
10. Prior to the approval of the Final Map for the Project, 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 Municipal Storm Water Permit (Order No.
2001-01) issued by the San Diego Regional Water Quality Control Board, and as
amended from time to time, 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.
11. Applicant shall submit and obtain approval of a Water Quality Study and Technical
Report and comply with all NPDES requirements.
12. The developer agrees to fully implement NPDES best management practices ("BMPs")
to reduce the amount of pollutants entering the city's storm water conveyance system,
including but not limited to:
a. 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.
7
Resolution No. 2006-
c. Installing and usmg efficient irrigation systems and landscape design; more
specifically:
1. Employ rain shutoff devices to prevent irrigation after precipitation.
11. Adjust irrigation systems to each landscape area's specific water
requirements.
iii. Using flow reducers or shutoff valves triggered by a pressure drop to
control water loss in the event of broken sprinkler heads or lines.
IV. Employing other comparable, equally effective, methods to reduce
irrigation water runoff.
d. Employing integrated pest management principles. More specifically, eliminate
and/or reduce the need for pesticide use by implementing Integrated Pest
Management (IPM), including: (1) planting pest-resistant or well-adapted plant
varieties such as native plants; (2) discouraging pests in the landscaping design;
(3) distributing IPM educational materials to homeowners/residents. Minimally,
educational materials must address the following topics: keeping pests out of
buildings and landscaping using barriers, screens, and caulking; physical pest
elimination techniques, such as, weeding, squashing, trapping, washing, or
pruning out pests; relying on natural enemies to eat pests; and, proper use of
pesticides as a last line of defense.
e. Educate the Public. More specifically, the Homeowners Association, through
Property Management, etc., shall inform residents about the City's non-storm
water and pollutant discharge prohibitions. This goal can be achieved by
distributing informative brochures (some available free from the City of Chula
Vista) to new home buyers and dedicating sections of newsletters to storm water
quality issues, as applicable.
SEWER
13. The on site 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.
14. The Developer/Owner shall establish a homeowners association to fund and oversee a
contract for the maintenance of the on site private sewer system. The frequency of
maintenance of the sewer system shall be contained in the provisions of the Covenants,
Conditions & Restrictions (CC&Rs). The City Engineer and Director of Public Works
shall approve the provisions ofthe CC&Rs regarding the onsite private sewer system
STREETS
15. Streets and driveways within the development shall be private.
8
Resolution No. 2006-
16. Prior to the Final Map, the Developer/Owner shall secure and replace all driveways and
pedestrian ramps within the right of way adjacent to the project to conform with the
City's most recent adopted Americans with Disability Act standards and submit an
engineering report demonstrating that the driveway along the project frontage is in
compliance with the current ADA pedestrian access route requirements. Any work
determined to be required 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.
CC&RS
17. Submit Covenants, Conditions, and Restrictions ("CC&Rs") as approved by the City
Attorney to the City Engineer and Director of Planning and Building for approval prior to
approval of the first 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 maintained 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 of the HOA, including but not limited to private sewer spillage.
e. The City's right but not the obligation to enforce CC&Rs.
f. An insurance provision requiring the HOA to maintain a policy of comprehensive
general liability insurance written on a per-occurrence basis in an amount not less
than one million dollars ($1,000,000) combined single limit. The policy shall be
acceptable to the City and name the City as additional insured.
g. The City must approve any revisions to provisions of the CC&Rs that may
particularly affect the City. Furthermore, the HOA shall not seek approval from the
City of said revisions without the prior consent of one-hundred percent (100%) of the
holders of first mortgages and one-hundred percent (100%) of the property owners -
unless the Director of Planning and Building waives this requirement.
h. The HOA shall not seek to be released by the City of any maintenance obligations
without the prior written consent of the City and one-hundred percent (100%) of the
9
Resolution No. 2006-
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.
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.
1. Trash and Recycling program requirements shall be incorporated into the project
CC&Rs to the satisfaction of the City's Conservation Coordinator.
m. Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance,
and shall be recorded concurrently with the final map.
n. Fire service lateral and water supply to buildings, including on-site fire hydrants,
must be maintained and operational at all times to the satisfaction of the Fire Marshal.
18. Submit a Homeowners Association budget for review and approval by the City Engineer
for the maintenance of private streets and drives, storm drains, and sewage systems. Said
budget shall include the following maintenance activities:
a. Street, drive, sewer, and storm drain maintenance.
b. Water quality facility maintenance and inspection.
EASEMENTS
19. 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 provide all off-site sewer easements necessary for thesite up
to the right of way. 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.
10
Resolution No. 2006-
AGREEMENTS
20. Payoff any unpaid balance for the 1301 Medical Center Drive Tentative Map Deposit
account DQ1238 and Project account CA313.
21. 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.
MISCELLANEOUS
22. 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 each
Final Map. Submit an apportionment form and provide a deposit as determined by and to
the City to cover costs. (Engineering)
23. Developer shall tie the boundary of the subdivision to the California System-Zone VI
(NAD '83). Developer shall 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. Developer shall provide a digital copy
of the fire plan for emergency access prior to the approval of the Final Map.
24. Applicant shall submit a conformed copy of a recorded tax certificate covering the
property prior to approval of the Final Map.
25. Applicant shall submit to the Fire Marshal and complete to his satisfaction the following:
1. Provide a proposed detail of an illuminated directory along the main entrance to the
project site to the Chula Vista Fire Department for review and approval prior to
construction and/or installation.
11
Resolution No. 2006-
11. Provide a pdf file of the approved directory to the Fire Marshal prior to directory's
construction and/or installation.
26. Any automatic gated entries must install an Opticom system with a remote knox key
switch to the satisfaction of the Fire Marshal.
B. The following Conditions of Approval shall be satisfied pnor to sale of the first
condominium unit unless otherwise noted:
1. For any condominium unit in a structure containing multiple condominium units, correct
any deficiencies listed in any Property Condition Report as needing "immediate repair,"
and correct any 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, provide
in that structure type 2A-10BC fire extinguishers every 75 feet of travel distance, smoke
detectors for each unit to the satisfaction of the Chula Vista Fire Department.
3. All lighting shall meet the protective current lighting standards of the current Uniform
Building Code.
4. 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
Uniform Building Code standards regarding fire and sound attenuation have been
maintained 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.
5. Anyon-site sales or leasing office shall obtain a Conditional Use Permit.
6. Submit evidence satisfactory to the Director of Planning and Building that the Applicant
has complied with all tenant noticing requirements of the California Government Code
and Chula Vista Municipal Code.
7. 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.
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
12
Resolution No. 2006-
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
]:\Planning\Case Files\-05 (FY 05-06)\PCS-06-01 - 1301 Medical Center Drive/Resolutions\PCS_06-01_CC_RESO.doc
13
NOTICING DOCUMENTATION
Sample Notification Letters to Tenants
A1fACHMeNT e
2399 Camino Del Rio South Suite ::102 San Diego, CA 92108
(619) 297-027.t F.-\X (hI9) 24;--1);'";-4
R.A. SNYDER PROPERTIES, INC.
September 20~ 2004
Residents
SEVILLA APARTMENTS
1301 Medical Center Drive
Chula Vista, CA 91911
RE: Enclosed Notice
Dear Resident:
Enclosed please find your 60-day notice regarding the Owner's application to
change legal description on your property from one legal parcel to individual
condominium units. This will enable the Owner at some time in the future to sell
the units as condominiums, This is not a notice to vacate, the attached letter is
information that is to be given to you as part of the owner's mapping process.
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- Shar n L. Todd .
Regional Property Manager
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The Owner(s) of this building, at 1301 Medical Center Drive (address), plans to file a
Design Review and TentativeIParcel Map application 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 ~uired pursuant
to Sections 66451.3 and 66452.5 of the Government Code, and you have the right to appear and the right to
be heard at any such hearing. The owner or owner's agent shall provide a total of five (5) different notices
throughout the approval process to each tenant prior to the tenant vacating the premises due to the
conversion. The City of Chula Vista will notify each tenant of all three (3) public hearin~s (Design Review
Committee, Planning Commission, and City Council) for the project approval.
Signature of owner Of owner's agent
SEP 2 0 2004
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To the prospective occupant(s) of
SEVILLA APARTMENTS
1301 MedicalCeilterDrive
ChUla Vista, CA 91911
The owner(s) of this building, at 1301 Medic;al Center Drive, Chula Vista,CA 91911, plans to
file a Tentative Map with the City of Chula Vista to convert this building to a-condominium
project.
--No units may be sold in this building unless the conversion is approved by the City of Chula
Vista and until after a public report is issued;by the Department 'of Real Estate,
If you become a tenant of the building,. you shall be given notice of each hearing for which
notice is required pursuant to. Sections 664~ 1.3 and 66452.5 of the Government Code, and
- you have the right to appear and the right to be heard at any such hearing.
Should the condominium conversion projectbe approved, tenants may be required to vacate
- the premises.
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1322 Scott Street 0 Suite 102 0 San Diego CA 92106 0 Phone 619-221-6825 0 Fax 619-221-6830
May 22, 2006
City of Chula Vista Planning Department
476 Fourth Avenue
Chula Vista, CA 91910
Attention: Danielle Putnam, Contract Planner
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Dear Ms. Putnam,
The goal of our Resident Assistance Program is to keep residents informed and help them
purchase their unit or relocate to another rental community. With our management
company RA Snyder we will provide residents a comprehensive Resident Assistance
Program, including a full time Resident Relations Coordinator, whose only job is to be
available to assist tenants during this process. The following is an outline of our
program:
~ Full-time Resident Relations Coordinator whose only job is to assist residents in
purchasing their unit or relocating to another rental community.
~ Resident meeting a week prior to the I80-day notices to explain the conversion
process and time frames. Resident meetings will also be held a month prior to
conversion to provide information on purchasing and introduce them to the sale
and finance teams.
~ For those residents wishing to purchase, there will be a discount from full
"market" price ranging from $2,500 and $5,000. This discount will be offered on
a consistent basis depending on unit type.
~ All resident will receive full return of security deposits on the day they move-out.
~ There will be relocation assistance by providing information on available units in
Chula Vista by Owner and the Community Development Department.
Information will also be provided to residents regarding discount moving
companies, packing supplies, and storage units.
Note; While we will not be providing additional relocation money, Sevilla's rents are
higher than most projects in the area, therefore, tenants should have little difficulty
finding substitute rental housing at a comparable or lower rent.
Mark Gosselin, Owner
Sevilla
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CIlY OF
CHULA VISTA
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information
must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the application or the
co tract, e.g., owner, applicant, contractor, subcontractor, material supplier.
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2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with
a ~~ooo invent in the business (corporation/partnership) entity.
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3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
4. Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter.
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5, Has any person* associated with this contract had any financial dealings with an official** of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes~ No_
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If Yes, briefly describe the nature of the financial interest the official** may have in this contract.
6. Have you made a contribution ""more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No~Y~s _ If yes, which Council member?
276 Fourth Avenue
Chula Vista I California I 91910 I (619) 691-5101
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Development Processing
CnY OF
CHULA 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).P16'nths? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes_ NoL '
If Yes, which official** and what was the nature of item provided?
Date:
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Print or
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type name of Contractor/Applicant
*
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit.
**
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commission, or committee of the City, employee, or staff members.
276 Fourth Avenue
Chula Vista
California
91910
(619) 691-5101
Ferret - San Diego
Page 1 of 1
CB.RE
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C8; RICHARD ELLIS
Data Source: Pierce-Eislen, Inc.
[E] Ferret - Competitive Apartment Communities I San Diego
Completion Date
Number of Units
Property Name / Address
Area
Rating
Improvements Location
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Harvest Ridge
1/1/2003 90 1388 East Palomar 20 A B+
Chula Vista, CA 91913
East Orange Village
1/1/1977 128 225 East Orange Avenue 21 B- C+
Chula Vista, CA 91911
Villa Serena
1/1/2001 132 1231 Medical Center Drive 20 B- C
Chula Vista, CA 91911
Beacon Cove
3/1/1986 177 536 East H Street 20 B B+
Chula Vista, CA 91910
Canyon Villas
1/1/1981 183 601 Telegraph Canyon Road 20 B+ B
Chula Vista, CA 91910
Terra Nova Villas
1/1/1985 233 440 East H Street 20 B B+
Chula Vista, CA 91910
Pinnacle at Otay Ranch
8/30/2002 364 1310 Santa Rita Drive 20 A B
Chula Vista, CA 91913
Teresina At Lomas Verdes
12/18/1999 440 1250 Santa Cora Avenue 20 A- A
Chula Vista, CA 91913
Marbrisas
2/28/1990 500 841 Regulo Place 20 B+ B-
Chula Vista, CA 91910
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http://www.pi-ei.com/MoS/PropertyRehited/Ferret4 _ CheckedResults.asp?SPropertyID=23 ... 5/18/2006
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