HomeMy WebLinkAbout2008/07/08 Item 12
CITY COUNCIL
AGENDA STATEMENT
~~~ CITY OF
.... <"~ (HULA VISTA
Item:..\.2...
Meeting Date:07/08/08
SUBMITTED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ESTABLISHING
CONDITIONS OF A TENTATIVE SUBDIVISION MAP TO
SUBDIVIDE 1.12 ACRES INTO TWENTY-EIGHT (28)
CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP
LOCATED AT 615 MOSS STREET A)/() ~
ACTING PLANNING DIRECTOR JVJ U~ -
CITY MANAGER
ITEM TITLE:
REVIEWED BY:
4/5THS VOTE: YES
NO X
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SUMMARY
Consideration of a Tentative Subdivision Map, PCS-06-03, to subdivide 1.12 acres into twenty-
eight (28) condominium units for individual ownership at 615 Moss Street. Applicant: Moss 28
LLC.
ENVIRONMENTAL REVIEW
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 (k) categorical exemption pursuant to Section 15301 (existing facilities) of
the State CEQA Guidelines. Thus no further environmental review is necessary.
RECOMMENDATION
The City Council adopts the Resolution.
BOARDS/COMMISSION RECOMMENDATION
The Planning Commission considered this proposal on May 28, 2008 and voted unanimously,
(6-0-0-1) to recommend that the City Council approve the proposed Tentative Subdivision to
subdivide 1.12 acres into twenty-eight (28) condominium units for individual ownership located
at 615 Moss Street.
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PCS-06-03
Item No. 12.-
DISCUSSION
Project Site Characteristics:
The subject property is located at 615 Moss Street, just west of the intersection of Broadway and
Moss Street in the Southwest area of the City (see Attachment A, Locator Map). It is surrounded
by the commercial properties to the north and east, a mixed-use project to the south, and single-
family homes located to the west.
The parcel is relatively level with two driveways from Moss Street. The apartment complex has
two-story rectangle shaped buildings, one with 12 units and the other with 16 units (see
Attachment G, Project Plans).
Project Description:
The project consists of the conversion of a 28-unit apartment complex into condominium units.
The existing units consist of 28 2-bedroom/2 bath units, approximately 796 sq. ft. As part of this
proj ect, the Applicant proposes to retain 20 2-bedroom units and convert 8 of the units to a
I-bedroom unit to comply with parking requirements. The proposed Tentative Subdivision Map
would result in 28 units for individual ownership.
The Design Review permit proposed no significant exterior structural changes. Instead the
applicant proposed to construct minor exterior structural changes to the building listed below:
. Extending the patiolbalcony for each unit in order to meet the minimum 60 sq. ft. size
requirement and to also add an additional storage area in the 2-bedroom units to meet the
storage requirement;
. Replacing the roof;
. Repairing and replacing fences;
. Painting the building, fences and stairways;
. Repair and resurface the parking lot;
. Provide enhanced paving around the pool area and in front of each driveway entrance;
. Repair and relocate sidewalks;
. Provide new landscaped areas and upgrade existing landscaped areas;
. Build private yards for two of the units in the rear;
. Remove fencing along the front ofthe property;
. Relocate and build a new monument sign;
. Relocate and enlarge the trash enclosure;
. Upgrade lighting; and
. Replace the washing and drying machines in the laundry rooms.
The applicant has also proposed to construct minor interior improvements listed below:
. Provide new carpet, tiles, doors, windows, paint, hardware, fixtures, kitchen appliances,
countertop and cabinets, lighting;
. New storage area inside the 2-bedroom units;
. Extension of the patiolbalconies as mentioned above;
. New noise wall between the units;
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PCS-06-03
Item No. \ 2..
. Removal of an interior wall to create an enlarged living room/den area in order to convert
the eight units from a 2-bedoom unit to a I-bedroom unit; and
. New water heaters, cooling and heating units.
A more complete list of proposed improvements is included in Attachment C, Interior and
Exterior Upgrades.
A Physical Elements report, commissioned by the applicant, also identifies recommended
improvements to bring the property and individual units to acceptable condominium ownership
standards (see Attachment D, Property Condition Assessment- "Executive Summary"). Staffhas
incorporated the recommendations as conditions of approval.
Table 1 below lists the existing services utilities within the project.
a e XIS ng tl Itles
Air conditioning Individual wall mounted unit
Heating Individual electric wall heaters
Water heaters HOA
Gas HOA
Electric meter Individual electrical meters
Water HOA
Sewer HOA
Cable Individual unit
Telephone Individual unit
T bl IE' ti U T .
The maintenance and monthly payment of the utilities would be addressed in the project's
codes, covenants, and restrictions (CC&Rs). The units are already served by separate electric
meters, while the water heaters, gas, water, and sewer will be the responsibility of the
Homeowner's Association.
Land Use and Zoning:
General Plan
Zoning
Current Land Use
Site: Residential High
North: Mixed-Use Residential
South: Mixed-Use Residential
East: Mixed-Use Residential
West: Residential Low Medium
R-3, Apartment Residential
CTP, Commercial Thoroughfare
CCP, Central Commercial
CTP, Commercial Thoroughfare
R-I, Single-Family Residential
Apartments
Vacant Lot/Restaurant
Condos/Office Bldg
Retail
Single-Family Homes
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PCS-06-03
Item No. \;2-..
DEVELOPMENT REGULATIONS
Required ProposedlExisting
Building Setbacks: Building Setbacks:
Front: 15' Front: 64'
Side: 5' & 5' Side: 14' & 9'
Rear: 15' Rear: 24'
Building Height: 28'/45' Building Height: 28'
Parking Requirement: Parking Provided:
1 Bedroom Units (1.5 per Unit)= 12 1 Bedroom Units= 12
2 Bedroom Units (2 per Unit)= 40 2 Bedroom Units= 40
1 Motorcycle Parking= 1
Total: 52 Total: 53
Onen Space: 400 Sq. ft. per unit/ll,200 Sq. ft. Onen Space: 708 Sq. ft. per unit/19,845 Sq. ft.
Storage: 200 cu. ft./2 bedroom unit Storage: 210 cu. ft./2 bedroom unit
150 cu. ft./l bedroom unit 163 cu. ft./l bedroom unit
ANALYSIS:
A condominium conversion project must satisfY certain City Code requirements including the
Chula Vista Design Manual, Chapter 19.28 and Chapter 15.56 of the Chula Vista Municipal
Code (CVMe), the California Fire Code, and Uniform Building Code, and other regulatory
documents. The following paragraphs discuss some of the major requirements, such as: open
space, storage, off-street parking, tenant relocation, design guidelines, noticing documentation,
physical element report, and housing inspection in more detail.
Open Space:
.
CYMC Section 19.28.090 requires 400 sq. ft. of common usable open space per unit; therefore,
the project must provide a minimum of 11,200 sq. ft. of open space. The existing open space
consists of 19,845 sq. ft., which includes both common and private open space. This area
includes landscaping in the front yard area, along the western property line, various areas
surrounding the building, and in rear of the property. There is also a swimming pool and a coin
operated laundry facility located in the center of the site. Each unit has a minimum 69 sq. ft
private porch or balcony, and two of the units located near the rear of the lot have a large
enclosed private open space (see Attachment G, Project Plans).
Storage:
Section 15.56.020 requires a minimum of 150 cubic feet for each one bedroom unit and 200 cubic
feet of storage for each two-bedroom unit. For the one-bedroom units, there is an existing 54 cubic
foot storage area located off of the balcony and a proposed 109 cubic foot storage area located off
of the proposed den for a total of 163 cubic feet. For the two bedroom units, an existing closet will
be relocated adjacent to the kitchen area in order to enlarge the existing storage area located off of
the balcony to provide a 91 cubic foot storage area. On the opposite side of the balcony another
110 cubic foot storage area is proposed for a total of 210 cubic feet (see Attachment G, Project
Plans). With the proposed changes, all units meet the minimum storage requirement.
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PCS-06-03
Item No. \ d-
Off-street parking:
In the R3 zone, a minimum of 1.5 parking spaces are required for each one-bedroom unit and
a minimum of 2 parking spaces are required for each two-bedroom unit. Therefore a total of 52
parking spaces are required. In order to comply with the parking regulations, the applicant is
proposing to convert eight (8) units from a two-bedroom unit to a one-bedroom unit. The project
proposes to provide 36 regular parking spaces, 15 compact spaces, one handicapped space, and
one (1) motorcycle parking space for a total of 53 parking spaces. There are two 24-ft. wide
access driveways that provide sufficient room for ingress and egress maneuvers.
Tenant Relocation:
The applicant will assist, to the best of his ability, each of the current tenants with the
opportunity of ownership or to assist in the tenant relocation. The applicant has agreed to do the
following:
. Refund the full amount of the deposit for each resident regardless of the condition of the
apartment. Currently the deposit for the apartments are between $350-$1,245 dollars,
with an average of $765 dollars, depending on when the residents first moved in.
Typically deductions are made to their deposits based upon damages, or excessive use
during their tenancy. These charges can range from little or nothing if the unit is returned
in the same condition it was leased in, to as much as a few thousand dollars if there has
been excessive wear or abuse. Typically the majority of the deposit is not refunded due
to damages in the unit. For example, in a unit that had a deposit of $765 dollars on
average will only get back $350 dollars.
. Last months rent free to all residents who stay in their units until the applicant is ready to
renovation their unit. The current average tenant rent is $1,031 dollars, ranging from
$975-$1,095 dollars resulting in an average of$1,031 dollars depending upon their rent.
Combining the two gives the average resident a "relocation assistance bonus" of $1,796 dollars
using the $765 dollars for the average deposit refund and $1,031 dollars for the average one
months rent. It will vary up or down somewhat depending upon the current rent and deposit held
on hand for the resident.
When the applicant originally met with the residents two years ago to discuss the condominium
conversion, there were 17 out of the 28 residents who expressed interest in acquiring their units.
If a lower percentage of the tenants wish not to buy the units when the conversion is complete,
depending on the market conditions, additional monetary incentive may be given to the existing
tenants to encourage them to buy the units.
Design Guidelines:
The applicant has submitted a Design Review application that was approved by the Design Review
Committee on May 19, 2008. The Design Review permit proposed no significant changes, but
rather minor,.jesign upgrades as listed on page 2. In addition to the proposed changes, the Design
Review Committee added Condition No.1. 7 of the Notice of Decision that requires the applicant
to add trellises over balcony area where a storage tower will be located on both sides of the
balcony, revise the main colors of the building, revise and reduce the size of the enhanced paving
at both entrances, upgraded the light fixtures on the building, and provide up-lighting in the
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PCS-06-03
Item No. \;J..
landscaped areas. A Design Review Subcommittee meeting was held on May 27, 2008 where the
proposed changes were approved (see Attachment G. Project Plans). On May 28, 2008, the
Planning Commission added Condition No. C.6 of the City Council resolution to remove the
existing security fence and replace it with an upgraded decorative fence, provided said fence
receives all necessary approvals from the City and meets all applicable City requirements.
Noticing Documentation
Pursuant to Section 66452 of the Subdivision Map Act, condominium conversion projects must
satisfy certain noticing requirements for specified time periods. Table 3 below identifies the
noticing requirements and when existing and prospective tenants should receive them. The tenants
have been made aware of the condominium conversion project proposal since August 2004. The
tenants that have moved in since then have been given a notice prior to signing the lease
agreement. Each tenant will be given notice of having the first option to purchase a unit. The Table
also shows when the Applicant met these requirements. Sample notices provided by the Applicant
are attached (see Attachment E, Noticing Documentation).
Ta Ie 3: NOlicing DocumentatIOn
NOTICE REOUIREMENT HOW LONG & WHEN COMPLIANCE
60-day notice to all existing tenants 60 days prior to filing a Design 60-day notices were sent on
of intent to convert - "Form A"* Review and Tentative Map August 19, 2004 and again on
application with the City May 15, 2006 by certified
mail to existinO' tenants.
Notice to all prospective tenants of Prior to acceptance of any rent Applicant has submitted a
intent to convert - "Form B"* or deposit from the prospective signed notice by five new
tenant tenants that moved in after
Mav 15, 2006
lO-day notice to all existing tenants 10 days before or after To be determinedffypically
of an application of a Public Report - submittal of the Public Report following Final Map approval
"Form e" to the Department of Real
Estate
lO-day Notice to all existing tenants Within 10 days of approval of To be determinedffypically
of Final Man annroval- "Form D" the Final Man bv the city following Final Map approval
Notice to all prospective tenants of Prior to acceptance of any rent To be determined prior to
option to purchase/termination of or deposit from the prospective approval of Final Map
tenancv - "Form E" tenant
90-day Notice to all existing tenants For a period of 90 days after To be determined prior to
of option to purchase/termination of issuance of the Public Report approval of Final Map
tenancy - "Form F" from the Department of Real
Estate
180-day notice to all existing tenants 180 days prior to termination of To be determined prior to
of intent to convert/termination of tenancy approval of Final Map
tenancv-"FormG"
b
* Attachment E- Noticing Documentation
The City Council need to find that the Applicant has submitted Forms "A" and "B" prior to the
approval of the Tentative Subdivision Map. Notices E-G shall be given to the tenants prior to the
approval of the Final Map while the remaining notices are required after the approval of the Final
Map.
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PCS-06-03
Item No. I,;;L
Property Condition Assessment:
The applicant submitted a "Property Condition Assessment" (See Attachment D) prepared by
JCEPIHuang Consulting Engineering, Inc. for review by the City's Building Official. The report
concludes that the existing apartment complex is in overall good to fair condition with few defects
noted. After reviewing the recommendations, staff concludes that the proposed improvements will
satisfy the Building Code requirements if the recommended improvements are constructed or put
in place. Staff has included the report recommendations as conditions of approval in the City
Council Resolution. Based upon discussion of the Planning Commissioners at their meeting on
May 28, 2008, staff clarified Condition B.2 of the City Council resolution to state that all listed
recommended improvements as stated in the "Property Condition Assessment" shall be completed
to the satisfaction of the Director of Planning and Building, prior to the approval of the final map.
Housing Inspection:
The Project is required to conform to Uniform Housing Code requirements in existence at the time
of the approval of the Subdivision Map. The Applicant completed the housing inspection process
on October 6, 2005 where only one item needed to be repaired and was being deferred to the
building permit process. The applicant is required, by condition of approval, to repair or replace the
pool fencing.
DECISION-MAKER CONFLICTS:
Staff has reviewed the property holdings of City Council and has found no property holdings
within 500 feet of the boundaries of the property which is subject to this action.
FISCAL IMPACT
The application fees and processing cost are paid for by the Applicant. There is no impact to the
General Fund.
ATTACHMENTS
A. Locator Map
B. Planning Commission Resolution
C. Interior and Exterior Upgrades
D. Property Condition Assessment- "Executive Summary"
E. Noticing Documentation
F. Disclosure Statement
G. Project Plans
Prepared by: Caroline Young, Assistant Planner, Planning Division
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ATTACHMENT A
Locator Map
PROJECT
lOCATION
CHULA VISTA PLANNING
LC)OCATOR ~~~I~'ik: Moss 28, LLC
PROJECT
ADDRESS: 615 Moss SI.
SCAlE: FILE NUMBER:
No Scale PCS-06-03
AND BUILDING DEPARTMENT
PROJECT DESCRIPTION:
SUBDIVIS,ON
Project Summary: Proposing to convert 28 apartment units
to residential condominiums.
elated cases: DRC-06-15.
J:\planning\carlos~ocators\pcs0603.cdr 09.15.05
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ATTACHMENT B
Planning Commission Resolution
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RESOLUTION NO. PCS-06-03
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE A TENTATIVE
SUBDIVISION MAP TO SUBDIVIDE I.l2 ACRES INTO TWENTY-EIGHT (28)
CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP LOCATED AT 615
MOSS STREET.
WHEREAS, on September 9, 2005, a duly verified application was filed with the City of
Chula Vista Planning and Building Department by Moss 28, LLC ("Applicant"), requesting approval
of a Tentative Subdivision Map to convert 28 apartment units into individually owned
condominiums ("Project"); and,
WHEREAS, the area of land which is the subject matter of this Resolution is
diagrammatically represented on Exhibit A and for the general description herein consists of a 1.12
acres located at 615 Moss Street ("Project Site"); and
WHEREAS, The Envirorunental Review Coordinator has reviewed the proposed project for
compliance with the California Envirorunental Quality Act (CEQA) and has determined that the
project qualifies for a Class I (existing facilities) categorical exemption pursuant to Section 15301 of
the State CEQA Guidelines. Thus, no further environmental review is necessary; and
WHEREAS, the Planning and Building Director set the time and place for a hearing on the
Project, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and its mailing to property owners within 500 feet of the
exterior boundaries of the property, at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m..
May 28, 2008, in the Council Chambers, 276 F ourth Avenue, before the Planning Commission and
the hearing was then closed; and
WHEREAS, the Planning Commission having received certain evidence on May 28, 2008, as
set forth in the record of its proceedings made certain findings, as set forth in their recommending
Resolution PCS-06-03, and recommended that the City Council approve the Project based on certain
terms and conditions.
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 in that Resolution.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City
Council.
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PASSED AND APPROVED BY THE PLANNING COMMISSrON OF THE CITY OF CHULA
VIST A, CALIFORNIA, this 28th day of May, 2008, by the following vote, to-wit:
AYES:
Tripp, Felber, Moctezurna, Vinson, Clayton, Spethrnan
NOES:
ABSENT: Bensoussan
ATTEST:
~~
Diana Vargas, sect
( ex r:;zy
William C. Tripp, Chairpel'i6n
.
.
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ATTACHMENT C
Interior and Exterior Upgrades
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Interior and Exterior Upgrades
615 Moss Street, Chu1a Vista, California
In!_erior upgrades to 615 Moss Street
a Every bathroom and kitchen in each apartment will be provided with ground fault
circuit interrupter receptacles (GFCl).
a Upgrade lighting in units with energy efficient fixtures
a Repair/replace all bathroom countertops and fixtures
a Repair all existing plumbing lines as needed
a Repair/replace all existing faucets and shower heads
a Mold inspection will be made with necessary disinfecting treatments and repairs
a Paint interior units
a Repair/replace flooring
a Repair/replace windows and doors
a Replace kitchen cabinets and countertops with brand new ones.
a Repair/replace kitchen appliances and sinks
a Combine bathroom exhaust switch and light switch into one common switch.
a Repair/replace water heaters
a Repair/replace cooling and heating units
a One layer of 5/8-inch, Type X gypsum board will be added to the party walls and
interior of the walls.
a One layer of 5/8-inch, Type X gypsum board will be added to the common wall
with the laundry room.
a Extend balconies for all units. See architect's plans.
a Construct new external storage for 2BR units. See architect's plans.
a Build wall to enclose the closet in the Master Bedroom of the 2BR units. Construct
door to swing open from the Living Room.
a Remove wall to 2nd bedroom of IBR units. See architect's plans.
Prepared by: Judith Briggs, Southwest Equity Partners
March 26, 2008
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Exterior upgrades to 615 Moss Street
a Upgrade lighting in external with energy efficient ur.its without horizontal glare for
residents and neighbors
a Paint exterior: building exterior, stairs and enclosures for patios, balconies and
landingslbreezeways, property fences, metal fences around the swimming pool, and
the security gate systems.
a Trim/remove overgrown trees
a Upgrade landscaping with necessary irrigation system
a Upgrade concrete deck around the pool with colored concrete coating.
a Replace roof
a Place concrete washes under the outlets of the downspouts.
o Replace 2 areas in parking lot with new enhanced stamped paving/color concrete.
See landscape plans.
a Repair or resurface distressed asphalt areas before the entire lot is seal-coated and
re-striped.
o Repair/replace concrete walkways as needed and power wash.
o Replace washing and drying machines in laundry room.
o Repair or upgrade all fire protection equipment, as needed.
o Fossil Filters will be installed in the new storm drain inlets at the driveway
approaches adjacent to Moss Street in conjunction with trench drains across the
driveway entrances and at the southwest comer of the property in a new storm
drain box.
o Remove existing trash enclosures. Construct new "larger" trash enclosure to be
located near the west entrance. See architect's plans.
a Build parking diamonds with shade tree and ground cover. See landscape plans.
o Plant new trees and shrubs as indicated on landscape plans.
o Enhanced paving to be stamped color concrete with colored concrete. See
landscape plans.
o Build new sign. See architect's plans. Remove existing fence, gate, and driveway
gates.
o Build private yards for Unit #21 and #27. See landscape plans.
o Construct concrete swale along the wooden fence on the west side.
o Paint new parking stripes.
o Construct new curb and concrete walk in front of Building I.
Prepared by: Judith Briggs, Southwest Equity Partners
March 26, 2008
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ATTACHMENT D
Property Condition Assessment- "Executive Summary"
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1.0 EXECUTIVE SUMMARY
1.1 General Description
JCEP/Huang completed a property condition assessment (PCA) of a multi-
dwelling complex known as the Villa Hermosa located at 615 Moss Street in
Chula Vista, San Diego County, California 91911-1675 (subject property) at the
request of Joseph Scarlatti of West one Management Consultants. As a part of the
PCA, an o1l:-,Site walk through observation was made on August 30,2004 with
Cesar Calderon, Resident Manager of the subject property.
Villa Hermosa consists of28 dwelling units contained in two 2-story garden type
apartment buildings. Constructed of wood frame, the dwelling complex has a
rentable area of an approximated 21,728 square feet. Development of the property
was completed in 1986 on a parcel of land of an estimated 1.12 acres in the City
of Chula Vista. A brief description of the buildings and dwelling units is as
follows:
-
.':Biiildiil-i .~-~"""'""".,. ~~~::~:~i~::::f~~":,:':i';~::,;~~~illir~ ' ~., ,. .
:'r.:.....:~"'" .' i, m ',y."):"">.:'-
:D~n;.;fb . "'":~.:: ...~ -' ,~~~:~,~-~'!;,..-:,
""'r~"" D n' os..,.,,",~;r.o;"'ol
..::.:.,'i,;;7ic" ,,; , . ,.,:.'i,r_~_'_';..;:
No. 1 12, No.1 through No. 12 No.1 through No.6 are on the upper level, while
No.7 through No. 12 are on the lower level.
No. Z 16, No. 13 through No. 28 No. 13 through No.20 are on the upper level,
while No.21 through No.28 are on lower level.
Total 28
Note: All 28 apartments are 2 x 2 units with identical floor plan measuring
approximately 776 square feet.
Additionally, the subject dwelling complex also provides 45 asphalt paved surface
parking spaces (including one handicap parking stall), a swimming pool, a
laundry room, and associated hardscape and landscape.
Cooling of the apartment is provided by through-the-wall air conditioning units
located under the window in the living room. Heating for the apartments is
provided by electric individual wall mount heaters in each room of the dwelling
units. Domestic hot water for the apartments is provided by two centralized gas-
fired hot water heating systems contained in the utility closet of each apartment
building. Each dwelling unit is furnished with an electric range/oven, stainless
steel sink, counter tops, wall cabinets, dishwasher, and refrigerator. The laundry
room is equipped with 3 coin-operated washers and 3 dryers. These machine are
owned and operated by a vendor, Art's Incorporated.
The electric distribution panels and individual electric meters are housed in the
utility closets attached to the buildings. Gas mains are hung on the exterior walls
near the hot water heaters. Smoke detectors are available for the dwelling units,
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and the apartment buildings are fitted with fire extinguishers. Additionally, fire
hydrants are located along the city street sidewalks by the property.
1.2 General Physical Condition
The subject property appears adequately maintained and in overall good to fair
condition with few defects noted. Components of the buildings are composed of
durable materials and sturdy construction. It is JCEPlHuang's opinion that the
subject property is comparable to or better than other similar properties of similar
age in this ~ea and, subject to a continued program of sustained preventative
maintenance, the remaining economic life of the subj ect apartments should
exceed 35 years.
1.3 Recommended Immediate Repairs (within 12 months)
Deferred maintenance and physical deficiencies for which actions are recom-
mended represent potentially unsafe conditions, material code violations, and
items that require corrective works on a higher priority than routine work.
Based upon observations conducted during the property visit, the following
objectionable property conditions that require immediate corrective works were
identified: .
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. Most downspout outlets are piped under landscaped areas and daylight at the
concrete curbs. But few downspouts end slightly above grade and splash the
rainwater on ground (see Photo 10). This condition may inundate the area
when moderate to heavy rain occurs.
JCEPlHuang recommends that all downspout outlets be plumbed for better
management of rainwater.
ESTIMATED COST:
$1,400.00
1.4 Recommended Short Term and Intermediate Term Repairs (between 1 to 5
years)
We understand that the owner of the property has planned a Renovation Program
to convert the dwelling units into condominiums. The Program will be carried-out
within the next two to three years, and it includes:
1. Repair/replacement of flooring and painting of interiors of all dwelling units.
2. Repair/replacement of kitchen appliances, counter tops, cabinets and sinks.
3. Repair/replacement of windows and doors.
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4. Repair/replacement of bathroom fixtures.
5. Repair/replacement of any water damaged building elements and materials.
6. Repair/replacement of the cooling and heating units.
7. Reroof the buildings.
8. Repair/replacement ofthe hot water heaters.
:
JCEP/Huang also recommends the following repairs/replacements and up-grades
be incorporated with the Renovation Program.
. Isolated cracking and alligatoring were noted on the asphalt paved driveway
and parking lot. Localized repairs are recommended. Following the repairs,
seal-coating and restriping of the pavement should be performed.
. Fill bare areas with materials that are comparable to the existing plants and
adjust the irrigation system accordingly.
. Up-grade the surrounding concrete decks around the swimming pool.
- . Paint exterior walls of the buildings, property fences, metal fences around the
swimming pool and spa, arid the security gate systems at the entry driveways
to the property.
. Wood property fence in the southwestern comer of the property was noted to
be partially tilting. This condition should be corrected immediately before the
existing wood fence is replaced in conjunction with the planned Renovation
Program.
Cost of immediate repair is not significant.
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ATTACHMENT E
Noticing Documentation
eyo., rI\~ \~
FORi,! A
C01'<1)Oll-l1NlUi.\1 CONVERSIONS
60-DA Y
NOTICE TO EXISTING TENANT
OF INTENT TO CONVERT
To the occupant(s) of:
Graciela Rivera, Jonathan Rivera
& Abraham Mendosa
615 Moss Street
Chula Vista, CA 91911
Apartment Unit #: 1
J
the owner(s) of this building, at 615 Moss Street. Chula Vista. CA 91911, plans to me a
Desicrn Review and Tentative/Parcel Map application with the Citv of Chula Vista to
c -
convert this building to a condominium project. You "ill be given notice of each hearing
for which notice is required pursuant to Sections 66451.3 and 66452.5 of the California
Government Code, and you have the right to appear and the right to be heard at any such
hearing.
Owner: MOSS 28, LLC
-r:-
Date: Mav 15.2006
William J. Creagan, Owner's Agent
S~::tion 66.1:7.1(:1) & 66452.9 of the Gove::nment Code
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FORM B
CONDOl\1lNIUM CONVERSIONS
NOTICE TO PROSPECTIVE TENANT
OF INTENT TO CONVERT
(plUOR TO EXECUTION OF RENTAL A.GREEMENT
AND BEFORE TENTATlYE MAP A.PPROVAL)
To the occupant(s) of:
615 Moss Street
Chula Vista, CA 91911
Apartment Unit #:
7
The owner(s) of this building, at 615 Moss Street. Chub Vista. CA 91911, has filed or
plans to file a Design Review and Tentative Map application 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 approv~ 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,
:tou shall be given notice of each hearing for which notice is required pursuant to
Sections 66451.3 and 66452.5 of the California Government Code, and you have the right
to appear and the right to be heard at any such hearing..
,
Owner: MOSS 28, LLC
~~
Date: Mav 15.2006
William J. Creagan. Owner's Agent
I have received this notice on
Soction 66427.J(.) &. 66452.9 of lb. Govermn<nt Code
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12-22
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u.s. POSi ~L SERVIC=.
CERTIFICATE OF MAILI"G
MAY BE USED FeR DOMESTIC AND INTERNATIONAL MAIL, oeES NOT
PRQV1CE FOR INSUAANC:.-l"CSTMASTER
Recei~edFn:lm:
I
So~Partne.:s;lill:::;;~4
'169SaxonyRoad;Su;le111r .,,~::
1.. Encini~. CA..92l124' ,.", ~ ~~,
One piece of ordinary mall addNl:ssed to:
Graciela Rivera, Jonathan Rivera
& Abraham Mendosa
615 Moss Street, Unit 1
Chu1a Vista, CA 91911
PS Form 3817. January 2001
U,S. POSTAL SERVICE
CERTIFICATE OF MAILING
'!.\AY 6E USED FOR DOMESTIC AND INTERNATIONAL MAIL CiCES NeT
PROVIDE FOR INSURANCE-POSTMASTER
r-
SouthwestEquity Partners, Ine.. '
169 Saxony Road, Suite 111 '
Encinitas, CA 92lI24
One piece of ordinary mail addressed:o;
James Dardon, Robert Bolick
615 Moss Street, Unit 2
Chu1a Vista, CA 91911
PS Form 3817. January 2001
u.s. POSTAL SERVICE
CERTIFICATE OF MAILING
'!.\AY BE USEO FOR DOMESTIC AND INTERNATIONAL. MAIL aCES NOT
PROVICE FOR INSURANC::-POSTMASTER
Received Fn:lm:
Southwest Equity Partners, In<=.
169 Saxony Road, Suite 111
Encinitas, CA 92024
I
One piece clcn:linary mall addressed 10:
Francisco Aldrete & Edith Aldrete
& Abraham Aldrete
615 Moss Street, Unit 3
Chula Vista, CA 91911
PS Fcrm 3817, J:;lnu:JI"1 :C01
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II Complete Items 1, 2, and 3. Also complete
Item 4 If Restricted Delivery is desired.
a Print your name and address on the reverse
so that we can return the c::1rd to you.
II Att:lch this card to'the back of the mail piece,
or on the front. if space permits.
1. ArtIcle Add.n!ssed to;
Gracie1a Rivera, Jonathan Rivera
& Ab!'aham Mendosa
615 ~.~O~:: Street, Unit I
Chula Vista, CA 91911
2. Article Number
(Transfer from servlcelabeQ
PS Form 3811, February 2004
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A. Signature . /. ~ ~:-/
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D. Is delivery ad.dress dilfcrt!nt from item 1? 0 Ycs
If YES. enter deliverj address below: 0 No
3. Service Type
Ifl. Cortifled Mail 0 Exp..... Man
o Registered ~ Return Receipt for Mel"t:handlse
o Insured Mall 0 C.O.D.
4. Restricted Delivery? (Edra Fee) 0 Yes
7005 1820 0006 5790 7711
102S95-02.M.1540 :
Domestic Return Receipt
i'SENDER: COMPI.ETETH/S SECTION
. Complete items 1, 2. and 3. Also complete
item 4 if Restricted Delivery is desired.
II Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Miele Acdressed to:
James Dardon, Robert Bolick
615 Mo~~ Street, Unit 2
Chula Vista, CA 91911
2. Article Number
(Transfer from service fabeQ
FS Form 3811, February 2004
. .
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X 0 Agent
o Addressee
C..Data cf Deliyery
5~!b C'&..'
D. Is delivery address different frcm item 1? 0 Yes
11 YES. enter delivery address below; 0 No
3. Service Type
IJ Cortlfied Mail 0 Exp..... Mail
CJ Registered J&:l Return Receipt for Mel"t:hanc::se
o Insured Mall tJ C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
7005 1820 0006 5790 7773
Dcmestic Return Receipt 1aZl;9~2-M-1540
--.----.-:-,
. Complete items 1. 2. and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece.
or on the front if space permits.
1. ArtIcle Addressed to:
:1::1. .::1.-
Francisco Aldrete & Edith Aldrete
& Abraham Aldrete
615 Moss Street. Unit 3
Chub Vista, CA 9191 \
2. Article Numcer
~t'1'rcm servtcs lace!)
:=S Fcrm 3811. Fecru::lI"'f 2CQ..\.
3. Service Type
If! Cortlfied Mail 0 Ex!:.... Mail
o Registered c;s. Return Receipt tor Mel"t:~nnclse
DlnSlJred Mall 0 C.O.D.
4. Restr1cted Delivery? (Extra Feel 0 Yes
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12-24
12-25
ATTACHMENT F
Disclosure Statement
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& Building
Planning Division
Department
Development Processing
--
em OF
CHULA YISTA
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financiai
interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information
must be disciosed:
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.
Moss 28, LLC
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.
See attached list of investors.
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.
None
4. Please identify every person, inciuding any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter.
William J. Creagan III, southwest Equity Partners Lindsey Erickson, Anthony-Taylor consultants
Judith R. Briggs. Southwest Equity Partners Bruce Taylor, Anthony-Taylor Consultants
Keoni Rosa, Architect Gary Chapman, Chapman Stephens Design Group
5. Has any person' associated with this contract had any financial dealings with an officiai" of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes_ No~
If Yes, briefly describe the nature of the financial interest the official" may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No ~ Yes _If yes, which Council member?
276 Fuurth Avenul"'~
ChuLl Vista
Cllirorni,l
91'-/10
(b llil hl) I -~ 11) 1
12-26
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P I ann
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&
Building
Planning Division I
Department
Development Processing
ellY OF
CHULAVISfA
APPLICATION APPENDIX B
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the
past twelve (12) months? (This inciudes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes No x
If Yes, which official" and what was the nature of item provided?
~~
Signature of Contractor/Applicant
~
,
Date:---.ll - 7 - 0 (P
william J. Creaqan, III/Moss 28, LLC
type name of Contractor/Applicant
Print or
,
Person is defined as: any individuai, 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 Inciudes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commission, or committee of the City, employee, or staff members.
27h Fourth .-\venup
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12-27
Appendix B-Addendum
Item #2 List of all individuals with a $2,000 investment in the business entity: Moss 28, LLC
November 7, 2006
I. First Trust Corporation TTEE fbo Judith R. Briggs Focus IRA
2. First Trust Corporation TTEE fbo Judith R. Briggs Roth IRA
3. Joseph D. Brinzo
4. CLJ Enterprises, Inc. Defined Benefit Pension Plan
5. Kevin P. Creagan
6. First Trust Corporation TTEE fbo William J. Creagan III Spectrum SEP IRA
7. Creagan Enterprises Defined Benefit Pension Plan
8. John W. and Patricia A. Davis
9. Kenneth L. Davis Trust of2003, Donald R. Davis Trustee
10. Craig A. Jolicoeur
II. Kantorovich Revocable Living Trust dated May 21, 2002
12. Michael J. McDeavitt and Sherilynn Leigh McDeavitt, Tenants In Common
13. R. Brenton Melbye and Catherine M. Melbye Trustees UDT February 25,2004
14. Michael M. Nagaoka and Sharon R. Nagaoka Revocable Trust dated June 5, 2003
15. Larry M. and Gretchen V. Paulson, Community Property
16. Pinto Enterprises Inc. Profit Sharing Plan
17. The Rattner Revocable Intervivos Trust
18. Matthew H. Rattner
19. Dean & Dran Reese Joint Tenants with right of survivorship
20. S & G Party Productions Inc.
2!. The Anne Marie Ward Revocable Trust
22. Abbie Zands
23. Samuel and Sara Zands, Community Property
24. William J. Creagan III
12-28
. -
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AND ESTABLISHING CONDITIONS OF A
TENTATIVE SUBDIVISION MAP TO SUBDIVIDE 1.12 ACRES INTO
TWENTY-EIGHT (28) CONDOMINIUM UNITS FOR INDIVIDUAL
OWNERSHIP LOCATED AT 615 MOSS STREET.
I. RECITALS
A. Project; Application for Discretionary Approval
WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on
September 9, 2005, with the City of Chula Vista Planning and Building Department by
Moss 28, LLC ("Applicant") requesting approval of a Tentative Subdivision Map to convert
28 apartment units into individually owned condominiums ("Project"); and
B. Project Site
WHEREAS, the area of land which is the subject matter of this Resolution is
diagrammatically represented in Attachment A, copies of which are on file in the Office of
the City Clerk, incorporated herein by reference, and for the purpose of general description
herein consists of 1.12 acres located 615 Moss Street ("Project Site"); and
C. Prior Discretionary Approval and Recommendations
WHEREAS, the development of the Project Site has received the following discretionary
approvals and recommendations: I) Design Review Committee approval of DRC-06-15,
Design Review on May 19,2008,2) Planning Commission recommendation of approval of
PCS-06-03, Tentative Subdivision Map for a 28-unit condominium conversion on May 28,
2008; and
D. Planning Commission Record of Applications
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
May 28, 2008, and after hearing staffs presentation and public testimony voted 6-0-0-1 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 615 Moss Street, at least 10 days prior to the hearing; and
WHEREAS, the duly called and noticed public hearing on the Project was held before the
City Council of the City of Chula Vista on July 8, 2008, in the Council Chambers, 276
Fourth Avenue, at 6:00 p.m. to receive the recommendations of the Planning Commission,
and to hear public testimony with regard to the same.
12-29
.-
Resolution No. 2008-
NOW THEREFORE BE IT RESOLVED by the City Council that it finds, determines
and resolves as follows:
II. PLANNING COMMISSION RECORD
Resolution PCS-06-03, the minutes, and all evidence introduced before the Planning
Commission at their public hearing on the Project held on May 28, 2008, are incorporated
into the record of this proceeding.
III.COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the proposed project for compliance
with the California Environmental Quality Act (CEQA) and has determined that the proposed
project qualifies for a Class I (k) categorical exemption pursuant to Section 15301 (existing
facilities) of the State CEQA Guidelines. Thus no further environmental review is necessary.
IV. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council has exercised their independent review and judgment and concurs with the
Environmental Review Coordinator's determination that the Proj ect qualifies for a Class I
(k) categorical exemption pursuant to Section 15301 (existing facilities) 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 in the Resolution for
615 Moss Street, is in conformance with the elements of the City's General Plan, based
on the following:
I. Land Use
It is the City's goal to accommodate diversified housing types. The site is designated
Residential- High, and is developed with 28 units on the property, which is consistent
with the General Plan land use designation. Thus, the Project, as conditioned, is in
compliance with the adopted General Plan.
2. Circulation
All on-site and off-site public streets required to serve the subdivision currently exist.
No street improvements are required.
3. Housing
The Project is consistent with the density prescribed within the General Plan and
provides attached condominium units for individual ownership. The conversion of 28
apartment units to 28 condominium units creates additional opportunities for
residential ownership.
2
12-30
Resolution No. 2008-
4. Open Space
The Project includes patios, balconies, pool, laundry facility, and landscaped areas.
The Applicant proposes to extend the patiolba1cony for each unit in order to meet the
minimum 60 sq. ft. size requirement and to also add an additional storage area in the
2-bedroom units to meet the storage requirement. New landscaped areas will be
provided and existing landscaped areas will be upgrade to provide additional planting
or new planting. Therefore the site will meet the minimum requirements for open
space.
B. The site is physically suited for residential development and the proposal conforms to all
standards established by the City for such project.
C. The conditions imposed on the grant of the tentative subdivision map 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 MUNICIPAL 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 Project shall comply with the California Fire Code. Applicant
shall, among other things, install smoke detectors to be hardwired and
interconnected with battery backup capabilities in each bedroom and hallway
leading to each bedroom.
B. Uniform Building Code: The Planning and Building Department reviewed the
"Property Condition Assessment" prepared by JCEP/Huang Consulting
Engineering, Inc., and found that the Project will satisfy the Building Code
requirements if the recommended improvements are constructed or put in place.
These requirements are generally described in the Property Condition Assessment
and are conditions of approval.
C. Storage: Section 15.56.020 requires a certain amount of storage for each unit.
There are twenty 2-bedroom units that require a minimum 200 cubic feet of
storage for each unit and eight I-bedroom units that require a minimum of 150
cubic feet. For the one-bedroom units, there is an existing 54 cubic foot storage
area located off of the balcony and a proposed 109 cubic foot storage area located
off of the proposed den for a total of 163 cubic feet. For the two bedroom units,
an existing closet will be relocated adjacent to the kitchen area in order to enlarge
the existing storage area located off of the balcony to provide a 91 cubic foot
storage area. On the opposite side of the balcony another 110 cubic foot storage
area is proposed for a total of 210 cubic. With the proposed changes, all of the
units meet the minimum storage requirement.
D. Housing Code: The Project is required to conform to Uniform Housing Code
requirements in existence at the time of the approval of the Final Subdivision
Map. The Applicant completed the housing inspection process on October 6, 2005
3
12-31
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Resolution No. 2008-
where only one item needed to be repaired and was being deferred to the building
permit process. The applicant is required, by condition of approval, to repair or
replace the pool fencing.
E. Off-street parking: In the R3 zone, a minimum of 1.5 parking spaces are required
for each one-bedroom unit and a minimum of 2 parking spaces are required for
each two-bedroom unit for a total of 52 parking spaces. In order to comply with
the parking regulations, the applicant is proposing to convert eight (8) units from
a two-bedroom unit to a one-bedroom unit. The project proposes to provide 52
parking spaces and one (1) motorcycle parking space for a total of 53 parking
spaces. There are two 24-ft wide access driveways that provide sufficient room
for ingress and egress maneuvers.
F. Design Guidelines: The applicant has submitted a Design Review application that
was approved by the Design Review Committee on May 19, 2008. The Design
Review permit proposed no significant exterior structural change but rather minor
exterior structural changes to the building. The following is a summary of the
proposed improvements to the building by the Applicant. A complete list of all of
the improvements is included in Attachment E, Interior and Exterior Upgrades. In
addition to the proposed changes, the Design Review Committee added Condition
No. I. 7 of the attached Notice of Decision that requires the applicant to add
trellises over balcony area where a storage tower will be located on both sides of
the balcony, revise the main colors of the building, revise and reduce the size of
the enhanced paving at both entrances, upgraded the light fixtures on the building,
and provide up-lighting in the landscaped areas.
The applicant proposed to construct minor exterior improvements to the each unit
listed below:
. Extending the patiolbalcony for each unit in order to meet the
minimum 60 sq. ft. size requirement and to also add an additional
storage area in the 2-bedroom units to meet the storage requirement;
. Replacing the roof;
. Repairing and replacing fences;
. Painting the building, fences and stairways;
. Repair and resurface the parking lot;
. Provide enhanced paving around the pool area and in front of each
driveway entrance;
. Repair and relocate sidewalks;
. Provide new landscaped areas and upgrade existing landscaped areas;
. Build private yards for two of the units in the rear;
. Remove fencing along the front of the property;
. Relocate and build a new monument sign;
. Relocate and enlarge the trash enclosure;
. Upgrade lighting; and
. Replace the washing and drying machines in the laundry rooms.
The applicant proposed to construct minor interior improvements to the each unit
listed below:
. Provide new carpet, tiles, doors, windows, paint, hardware, fixtures,
kitchen appliances, countertop and cabinets, lighting;
. New storage area inside the 2-bedroom units;
4
12-32
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Resolution No. 2008-
. Extension of the patiolbalconies as mentioned above;
. New noise wall between the units;
. Removal of an interior wall to create an enlarged living room/den area
in order to convert the eight units from a 2-bedoom unit to a 1-
bedroom unit; and
. New water heaters, cooling and heating units.
G. Separate Service Meters: Each unit has individual electric meters. Prior to Final
Map, the Applicant shall provide to the City the covenants, conditions, and
restrictions (CC&R's), which shall require that the Homeowners Association will
responsible for the water heaters, gas, water, and sewer service utility meters.
H. Property Condition Assessment: The "Property Condition Assessment" (See
Attachment F) prepared by JCEP/Huang Consulting Engineering, Inc. concludes
that the existing apartment complex is in overall good to fair condition with few
defects noted. Implementation of the proposed improvements recommended in the
report will satisfy the Building Code requirements. Report recommendations are
included as conditions of approval in Attachment C.
1. CC&Rs: The Project is conditioned to provide evidence of declarations of
CC&R's in conjunction with approval of the Final Map.
VII. COMPLIANCE WITH GOVERNMENT CODE SECTIONS 66451.3 AND 66452.5
Noticing Documentation
Government Code Sections 66451.3 and 66452.5 requires notification of a tenant's right to a
public hearing. The City of Chula Vista provided notices to tenants and surrounding property
owners of all required public hearing for the Project, and the Applicant has satisfied the
following noticing requirements at the time of submittal of the Tentative Map, which includes a
60-day "Notice ofIntent to Convert", and a "Notice to Prospective Tenants of Intent to Convert".
BE IT FURTHER RESOLVED that the City Council approves Tentative Subdivision
Map, 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, (PCS-06-03) at 615 Moss Street.
B. Design Consistency
The Applicant shall enhance the condominium units in accordance with the DRC 06-15
approved by the Design Review Committee.
IX. SPECIAL CONDITIONS OF APPROVAL
A. The conditions imposed on the Tentative Subdivision Map approval is approximately
proportional both to nature and extent of impact created by the proposed development.
5
12-33
-.
Resolution No. 200S-
All conditions and code requirements listed below shall be fully completed by the
Applicant or successor-in-interest to the City's satisfaction prior to approval of the Final
Map, unless otherwise specified:
GENERAL / PLANNING AND BUILDING
1. All of the terms, covenants and conditions contained in this Resolution 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 Project site.
2. Applicant and hislher successors in interest shall, comply, remain in compliance and
implement, the terms, conditions and provisions, as are applicable to the property which
is the subject matter of this Tentative Subdivision Map and as recommended for approval
by the Planning Commission on May 2S, 200S, and DRC 06-15 approved by the Design
Review Committee on May 19, 200S.
3. The Project Site shall be developed and maintained in accordance with the approved
plans dated June 5, 200S, which include a site plan, floor plan, elevation plan, and
landscape plan on file in the Planning Division, the conditions contained in this
Resolution, and Title 19.
B. The following Conditions of Approval shall be satisfied prior to approval of the Final Map to
the satisfaction of the Planning and Building Director unless otherwise noted:
1. Prior to approval of final map, the applicant shall obtain a finaled building permit for the
storage, trash enclosure, exterior and interior remodel of each condominium unit, and
items listed in the "Property Condition Assessment".
2. Prior to approval of final map, all recommended improvements as stated in the "Property
Condition Assessment", prepared by JCEP/Huang Consulting Engineering, Inc., shall be
completed to the satisfaction of the Director of Planning and Building. Stated
improvements include the following items:
. Repair downspouts
. Repair/replacement of flooring and painting of interior of all dwelling units
. Repair/replacement of kitchen appliances, counter topes, cabinets and sinks
. Repair/replacement of windows and doors
. Repair/replacement of bathroom fixtures
. Repair/replacement of any water damaged building elements and materials
. Repair/replacement of the cooling and heating units
. Re-roof the building
. Repair/replacement of the hot water heaters
. Repair cracks in asphalt paved driveway and parking lot
. Adjust irrigation and provide planting in bare areas
. Upgrade concrete decks around pool
. Paint exterior wall of building and fences
. Replace tilting fence in the southwestern comer of the property
6
12-34
Resolution No. 2008-
3. Prior to approval of fmal map, the Applicant shall submit evidence of a meeting with the
current tenants to present alternative rental housing opportunities and assistance in
relocation.
4. Prior to approval of final map, the Applicant shall submit evidence that the following
City of Chula Vista noticing forms have been delivered to the existing and prospective
tenants, or a schedule detailing required future notifications:
a. 10-day notice to all existing tenants of an application of a Public Report - "Form C"
(If submitted to State Dept. of Real Estate prior to Final Map approval).
b. Notice to all prospective tenants of option to purchase/termination of tenancy -
"Form E.
c. 90-day Notice to all existing tenants of option to purchase/termination of tenancy -
"Form F".
5. Prior to approval of final map, any and all agreements that the Applicant is required to
enter into pursuant to the Resolution shall be in a form approved by the City Attorney.
6. After approval of the Final Map, the Applicant shall submit evidence that the following
City of Chula Vista noticing forms have been delivered to the existing and prospective
tenants, or a schedule detailing required future notifications:
a. la-day Notice to all existing tenants of Final Map approval- "Form D".
C. The following Conditions of Approval shall be satisfied prior to approval of the Building
Permit to the satisfaction of the Planning and Building Director unless otherwise noted:
I. The Building Permit shall include all recommended items to be repaired according to the
housing inspections, which included to repairing or replacing the pool fencing.
2. The Project's exterior and interior upgrades for the site shall be constructed in accordance
with the approved DRC-06-15 Design Review permit.
3. The Applicant shall provide a 109 cubic foot storage area located off of the proposed den
in the one-bedroom units. For the two-bedroom units, the Applicant shall relocate the
existing closet adjacent to the kitchen area in order to enlarge the existing storage area
located off of the balcony to provide a 9 I cubic foot storage area and provide another
110 cubic foot storage area on the opposite side of the balcony.
4. The Project shall comply with requirements of the approved "Recycling and Solid Waste
Management Plan" to the satisfaction of the City's Conservation Coordinator. The Plan
shall demonstrate those steps the Applicant will take to comply with Municipal Code,
including but not limited to Sections 8.2 (Solid Waste and Litter) and 8.25 (Recycling),
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
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with the City's NPDES permit. The plan shall be submitted prior to Building Permit
approval.
5. The Building Permit plans shall demonstrate that walls and ceilings meeting the current
Uniform Building Code standards regarding fire and sound attenuation have been
installed between airspaces of the condominium units, to the satisfaction of the City
Building Official and Director of Planning and Building. If the walls and ceiling do not
meet said standards, then the walls and ceiling shall be modified to conform to the
Uniform Building Code.
6. The existing security fence shall be removed and replaced with an upgraded decorative
fence, provided said fence receives all necessary approvals from the City and meets all
applicable City requirements.
7. The Building Permit plans shall comply with all requirements of the City of Chula Vista
Fire Department and the California Fire Code.
DRAINAGEINPDES
8. All onsite drainage facilities shall be private.
9. The Applicant is required to obtain approval of the Water Quality Technical Report
describing structural and non-structural Best Management Practices (BMPs) prior to
Building Permit approval that will be implemented to prevent discharge of pollutants
from the project site to public storm drainage systems. Specifically, the WQTR shall
address the following source control and treatment control measures:
. Homeowner Outreach
. Lawn and Gardening Practices (including efficient irrigation systems)
. Integrated Pest Management
. Water Conservation
. Hazardous Waste Management
. Storm Drain Marking with Prohibitive Language to Discourage Illegal Dumping
. Trash Management
. Street Sweeping
. Runoff Pre-treatment BMPs
10. The Applicant shall develop and implement an inspection and maintenance program to
prevent blockage of private sewer lines and overflow of sewage to storm drain systems.
11. The Applicant shall enter into an agreement to fully implement NPDES best management
practices ("BMPs") to reduce the amount of pollutants entering the city's storm water
conveyance system, including but not limited to:
a. 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
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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:
i. Provide and maintain stenciling or labeling near all storm drain inlets and
catch basins.
11. Post and maintain City-approved signs with language and/or graphical
icons that prohibit illegal dumping at public access points along channels
and creeks.
c. Installing and using efficient irrigation systems and landscape design; more
specifically:
1. Employ rain shutoff devices to prevent irrigation after precipitation.
11. Adjust irrigation systems to each landscape area's specific water
requirements
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.
f. The Project's CC&Rs should include provlSlons for perpetual and routine
maintenance of structural BMPs, private sewer, and storm drain facilities for the
purpose of preventing the discharge of non-stormwater pollutants to the public
storm water conveyance system. The project's CC&Rs should include provisions
for funding and a mechanism for long-term implementation of the routine
maintenance program.
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SEWER
12. The onsite sewer system shall be private. All sewer laterals shall be privately maintained
from each building and/or condo unit to the City maintained public sewer main within
Moss Street.
13. The Applicant shall establish a homeowners association to fund and oversee a contract
for the maintenance of the onsite private sewer system. The frequency of maintenance of
the sewer system shall be contained in the provisions of the Codes, Covenants &
Restrictions (CC&Rs). The City Engineer and Director of Public Works shall approve
the provisions of the CC&Rs regarding the onsite private sewer system.
STREETS
14. Streets within the development shall be private.
15. Remove and replace both existing driveways along the project frontage for compliance
with ADA pedestrian access route requirements. Said work shall be done under a Chula
Vista construction permit using Chula Vista Construction Standard CVCS-I for
driveways. Driveway replacement shall be guaranteed prior to recordation of the final
map.
16. Damaged curb, gutter and sidewalk along the Moss Street frontage shall be removed and
replaced. The displaced sidewalk around the existing curb inlet shall be removed and
replaced as required by the City Engineer and to the satisfaction of the City Inspectors.
CC&R'S
17. The Applicant shall submit CC&R's as approved by the City Attorney to the City
Engineer and Director of Planning and Building for approval prior to approval ofthe final
map. Said CC&R's shall include the following:
. Indemnification of City for private sewer spillage.
. Listing of maintained private facilities.
. The City's right but not the obligation to enforce CC&R's.
. Provision that no private facilities shall be requested to become public unless all
homeowners and 100% of the first mortgage oblique have signed a written
petition.
. Maintenance of all walls, fences, lighting structures, paths, recreational amenities
and structures, sewage facilities, drainage structures and landscaping.
. Implement education and enforcement program to prevent the discharge of
pollutants from all on-site sources to the stormwater conveyance system.
Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance,
and shall be recorded concurrently with the final map.
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18. The Applicant shall submit homeowners aSSOCIatIOn (HOA) budget for review and
approval by the City Engineer for the maintenance of private streets, storm drains and
sewage systems. Said budget shall include the following maintenance activities:
a. Streets must be sealed every 7 years and overlaid every 20 years.
b. Sewers must be cleaned once a year with the contingency for emergencies.
c. Red curbs I striping must be painted once every three years.
EASEMENTS
19. Applicant shall submit evidence of noticing to all existing public utility easement holders
within the project boundaries as required by the Section 66436 of the Subdivision Map
Act. 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.
AGREEMENTS
20. The Applicant shall enter into an agreement for the following;
a. Agree to defend, indemnifY and hold harmless the City and its agents, officers,
and employees, from any claim, action or proceeding against the City, or its
agents, officers or employees to attack, set aside, void or annul any approval by
the City, including approval by its Planning Commission, City Councilor any
approval by its agents, officers, or employees 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. Agree to hold the City harmless from any liability for erosion, siltation or increase
flow of drainage resulting from this project.
c. Agree to ensure that all franchised cable television companies ("Cable
Company") are permitted equal opportunity to place conduit and provide cable
television service to each lot within the subdivision. Restrict access to the conduit
to only those franchised cable television companies who are, and remain in
compliance with, all of the terms and conditions of the franchise and which are in
further compliance with all other rules, regulations, ordinances and procedures
regulating and affecting the operation of cable television companies as same may
have been, or may from time to time be issued by the City of Chula Vista.
MISCELLANEOUS
21. The Applicant shall tie the boundary of the subdivision to the California System-Zone VI
(NAD '83).
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22. The Applicant shall submit copies of the Pinal Map in a digital format such as (DXP)
graphic file prior to approval of the Pinal Map. Provide computer aided Design (CAD)
copy of the Final Map based on accurate coordinate geometry calculations and submit the
information in accordance with the City Guidelines for Digital Submittal in duplicate on
3 y, HD floppy disk prior to the approval of the Final Map.
23. The Applicant shall submit a conformed copy of a recorded tax certificate covering the
property prior to approval of the Final Map.
24. The Applicant shall provide evidence to the satisfaction of the City Engineer of
compliance with all tenant noticing requirements per Section 66427.1 of the Subdivision
Map Act prior to approval of the final map.
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 granted in the resolution, 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 granted in the resolution, institute and prosecute litigation to compel
their compliance with said conditions or seek damages for their violation. The Applicant
shall be notified ten (10) days in advance prior to any of the above actions being taken by the
City and shall be given the opportunity to remedy any deficiencies identified by the City
within a reasonable and diligent time frame.
XI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision and condition, 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.
Presented by:
Approved as to form by:
Nancy Lytle
Acting Planning Director
\?~,(L/~~
Bart Miesfeld II ' -
Interim City Attorney
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