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HomeMy WebLinkAboutReso 2008-175 RESOLUTION NO. 2008-] 75 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE SUBDIVISION MAP TO SUBDIVIDE 1.]2 ACRES INTO TWENTY-EIGHT CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP LOCATED AT 6]5 MOSS STREET 1. 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 ].] 2 acres located 6] 5 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: ]) Design Review Committee approval of DRC-06-]5, Design Review on May] 9, 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 staff s presentation and public testimony voted 6-0-0-] to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and E. Council Record of Applications WHEREAS, the City Clerk set the time and place for the public hearing on the Project's tentative subdivision map application; and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the project and its mailing to the current tenants residing at 615 Moss Street, at least] 0 days prior to the hearing; and Resolution No. 2008-175 Page 2 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. 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 1530 I (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 Project 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: 1. 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. Resolution No. 2008- 175 Page 3 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. 4. Open Space The Project includes patios, balconies, pool, laundry facility, and landscaped areas. The Applicant proposes to extend the patio/balcony 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 hard wired 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 ISO cubic feet. For the one-bedroom units, there is an existing 54 cubic foot storage area located off of the balcony and afroposed 109 cubic foot storage area located off of the proposed den for a total 0 163 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. Resolution No. 2008-175 Page 4 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 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. 1. 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. Resolution No. 2008- 175 Page 5 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, cOWltertop and cabinets, lighting; . New storage area inside the 2-bedroom Wlits; . Extension of the patiolbalconies as mentioned above; . New noise wall between the Wlits; . Removal of an interior wall to create an enlarged living room/den area in order to convert the eight Wlits from a 2-bedoom unit to a ]- 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 ofthe proposed improvements recommended in the report will satisfy the Building Code requirements. Report recommendations are included as conditions of approval in Attachment C. I. CC&Rs: The Project is conditioned to provide evidence of declarations of CC&R's in conjWlction with approval of the Final Map. VII. COMPLIANCE WITH GOVERNMENT CODE SECTIONS 6645].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 surroWlding 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 oflntent to Convert". BE IT FURTHER RESOLVED that the City COWlcil 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 hislher successors in interest, shal] improve the Project Site with the Project as described in the Tentative Subdivision Map, (PCS-06-03) at 6]5 Moss Street. B. Design Consistency Resolution No. 2008-175 Page 6 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. 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 ofthe Project site. 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 28,2008, and DRC 06-15 approved by the Design Review Committee on May 19, 2008. 3. The Project Site shall be developed and maintained in accordance with the approved plans dated June 5, 2008, 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 ofthe Planning and Building Director unless otherwise noted: I. 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 JCEPlHuang 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-roofthe 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 Resolution No. 2008- 175 Page 7 . Paint exterior wall of building and fences . Replace tilting fence in the southwestern corner of the property 3. Prior to approval of final 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 - "F orm 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 91 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 , Resolution No. 2008-175 Page 8 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 Resolution No. 2008- 175 Page 9 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: 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. II. Adjust irrigation systems to each landscape area's specific water requirements 111. 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: (I) 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 proVISIOns 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. Resolution No. 2008-175 Page 10 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 ofthe 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. Resolution No. 2008- 175 Page 11 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 / 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). Resolution No. 2008.175 Page 12 22. The Applicant 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 ofthe 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 J:fryt~~ Acting Plarming Director ~~~\~ Bart C. Miesfeld Interim City Attorney Resolution No. 2008- 175 Page 13 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 8th day of July 2008 by the following vote: AYES: Councihnembers: McCann, Ramirez, Rindone, and Cox NAYS: Councihnembers: None ABSENT: Councilmembers: Castaneda ~d~~ Cheryl x, Mayor ATTEST: J~ f}, ;y;;},Ad, Donna R. Norris:CMC:lnterim City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do hereby certifY that the foregoing Resolution No. 2008-175 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 8th day of July 2008. Executed this 8th day of July 2008. L f~~ Donna R. Norris, CMC, %terim City Clerk ~.,. A Resolution No. 2008-175 Pa e 14 PROJECT lOCATION CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: Moss 28, LLC SUBDIVISION PROJECT 615 Moss SI. Project Summary: Proposing to convert 28 apartment units ADDRESS: to residential condominiums. SCALE: I FILE NUMBER: No Scale PCS-06-03 Related cases: DRC-06-16. J:\planning\carlos\locators\pcs0603.cdr 09.15.05 Resolution No. 2008- 175 Page 15 Afta.d'I men +- C Interior and Exterior Upgrades 615 Moss Street, Chula Vista, California In~_erior upgrades to 615 Moss Street o Every bathroom and kitchen in each apartment will be provided with ground fault circuit interrupter receptacles (GFCI). o Upgrade lighting in units with energy efficient fixtures o Repair/replace all bathroom countertops and fixtures o Repair all existing plumbing lines as needed o Repair/replace all existing faucets and shower heads o Mold inspection will be made with necessary disinfecting treatments and repairs o Paint interior units o Repair/replace flooring o Repair/replace windows and doors o Replace kitchen cabinets and countertops with brand new ones. o Repair/replace kitchen appliances and sinks o Combine bathroom exhaust switch and light switch into one common switch. o Repair/replace water heaters o Repair/replace cooling and heating units o One layer of 5/8-inch, Type X gypsum board will be added to the party walls and interior of the walls. o One layer of 5/8-inch, Type X gypsum board will be added to the common wall with the laundry room. o Extend balconies for all units. See architect's plans. o Construct new external storage for 2BR units. See architect's plans. o Build wall to enclose the closet in the Master Bedroom of the 2BR units. Construct door to swing open from the Living Room. o Remove wall to 2nd bedroom of IBR units. See architect's plans. Prepared by: Judith Briggs, Southwest Equity Partners March 26, 2008 j Resolution No. 2008-175 Page 16 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. o Trim/remove overgrown trees a Upgrade landscaping with necessary irrigation system o Upgrade concrete deck around the pool with colored concrete coating. a Replace roof a Place concrete washes under the outlets of the downspouts. a 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. a Repair/replace concrete walkways as needed and power wash. a Replace washing and drying machines in laundry room. a Repair or upgrade all fire protection equipment, as needed. a 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. a 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. a Plant new trees and shrubs as indicated on landscape plans. a 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. a 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 1. Prepared by: Judith Briggs, Southwest Equity Partners March 26, 2008 , Resolution No. 2008- 1 '75 II j I Page 17 fTtTltcA iY\tf\+ E FOR;'l A COi'<1)Ol\ilNIUM CONVERS!Oi'iS 60-DA Y NOTICE TO EXlSTING 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 Ei\C\ 1"Y\9 \-t.- The owner(s) of this building, at 615 Moss Street Chulo Visto. CA 91911, pions to f1le a Desim Review and Tentative/PlJIcel tvlo.p application <'Nlth the City of Chula Vlst:J. to conv~rt this building: to a condominium project. You will be given n;tice of each hearin~ for which notice is -required pursuant to Sections 66451.3 and 66452.5 of the Californi; Government Code, and you have the rght to appear and w.1.e right to be heard at any such bearing. Owner: MOSS 28, LLC ---;-c- \Villiam J. Cre:1gan, Owner' s Agent S~::::ion 66.1::'7.1(:1\ & 66.152.9 ofth~ Guve:iUTl~:1t Code Dote: Mov 15. 2006 Resolution No. 2008::]75 Pa~t; 18 t:.XCA~t> I~ FORM B co;-mOMlNlUM CONVERSIONS NOTICE TO PROSPECTIVE TENANT OF INTENT TO CONVERT (pRIOR TO EXJiCUTJON OF RENTAL AGREEMENT ANI> BEFORE TE1-.rTATWE MAP APPROVAL) To the occupant(s) of: 615 Moss Street Chub Vista, CA 91911 Apartment Unit #: 1 The owner(s) ofthi, building, at 615 Moss Street. Chub Vista. CA 9191 \, has filed or plans to file a Design Review and Tentative Map applicarion wit}, the City of Chula Vista to convert this building to a ccndominium project. No units may be sold in this building urJess 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 66451.3 and 66452.5 of the Californis Government Cooe. a."'lO vou have the rizh, to appear ana the rig.l,t \0 be hearo at ll1ly such hearing.. .. - Owner: MOSS 28, LLC -r- Date: Mav 15. 2006 William 1. Creagan, Owner's Agent 1 have recelved this nollce on C/; J/':;.6 / ~ate) /l ~ (prospective ant!s j'gnature) CI"'lom A }J\ GY~()ec... (iSrint Prospective Tenant Name) S~C'tion 66417.](al &. 66452.9 of the GovernmaLt Code SG :=S.':;'~ :'~I'V:I'IC::' 'i:'III:.:::::' E::3lL~2~;; 1': ~0:E: ~0Q: 3E. S0 ,,-,,'.- ' Resolution No. 2008- 175 Page 19 u.s. pes. AI.. SE;:;:V\C=. CERT1F1CATE OF MAILl~JG MAY BE USED FOR DOMES";']C ANO lN7E::tNATIONAL MAIL. OCES NO; ?RoVIDE FOR lNSURANC=_PCSTMASiER One piece llf ordinary lTI2il ilcclressed 10; Graciela Rivera, Jonathan Rivera & Abraham Mendosa 615 Moss Street, Unit 1 Chula Vista, CA 91911 FS Form 3817, January 2001 U.s. POSTAL S:=.r<.VIC:: CERT1F1CATE OF MAILING MAY EE USED ;::OR DOMES71C AND INTr:.'<NAT10NAL. MAIl... CC:::S NeT PROVIDE ;:QR INSURANC;-PCS7MASTr:.R I'~"'mm . SouthwestEquity Partners, 1= : 169 Saxony Road, Suila 111 , Encinitas, CA 92D24 One oiece of ordinary mail aC1::ressed ~o: James Dardon, Robert Bolick 615 Moss Street, Unit 2 Chula Vista, CA 91911 PS ;=crrn 3817, January 2001 u.s. FOSTAl SC:::l.VICE CERTIFICATE OF MAILING ....IAy BE USED FOR DOMES,,;"IC AND INTE'<NAT\CNAL MAIL DCES NeT PROVleE FOR INSUP'ANCE-?OSTMAS7ER Received From: SaulhwestEquity Partners; Inco 169 Saxony Road, Suite 111 . Encinitas, CA 92D24 . I Onl! p,e<;e ot orclonary mall aoorll~s"d to: Frmcisco Aldrete & Edith Aldrete & AbriliJIIl Aldrete 615 Moss Street, Unit 3 Chub Vist~, CA 91911 ;::s :=crm 3817. J:;lm.::;lr'l :COl w C ~ U C . ~ ~ ~ c V1 C:'f' ,- e:::....'" .:= c...--<::U"'".::: .==",-,;] .c..-C" :!: V. W :-'= = C :::> \.OJ :: ~ Ln-;- ~c '-' h- c::::i~ ~~ c m'\\\ ,,~ ~I~ c c c c ~~i~~~ . - C = I:j ::r: LtJ7 ~c '-' ;~ ., c::J ~ ~c -=-7:: C ~! ,I' -,;; .,. -. ~i; ~j~ ~ I.;..: c: (.;: L.: c: . ~ ~ ~ C <./l C"'l"o ~ ~=~~ .r.:~ .~=?',-';s v; ~ ~.- = ... :::: ,. Ln-;- O"l:f 0:; ~~ ml \~..~ '.~ z'o ~" E c C \::xO\Y'Y\~ \ ~ " '-- --- 'Of .,;0 /:;"1 ution No. 2008-] 75 ?," ,,0,, ,J.,,)(\ CXOvI'l~ "1:l,j. =- ".,, -.II.:l'.!:=- : . ~:::... I-I A. Signature ',// I' ~/ X~T~F o "Agent o Acc::res~ee II Complete Items 1, 2, and 3. Also complete ltem 4 If Restricted Deliverv is desired. D Print your name and addre'ss on the reverse so tho.t we can return the C::lrd to you. iI At':::lch this card to the back of the mailpiece, or on the front, if space permits. 1. Article J>..dcressed to: Graciela Rivera: Jonath.:m Riv-::ra & Ab,'aham Mendosa 615 ~.~C'C Street, Unlt 1 Chula Vista, CA 91911 2. Article Number (Transfer from seNles labe~ PS Form 3811, February 2004 C~5~!bery D. Is deiivery acdress CillcrBnt from itcm 17 0 Ycs II YES, enter delivery ilCcrcss below: D No 3. Service Type l;& Certified Mail o Registered o lnsured Mall o Express Mail ~ Return Receipt for Men:~andise o C.O.D. 4. Aestlicted Delivery'? (Extra Fee) DYes 7005 1820 0006 5790 7711 102595-02.1.1.15-40 f --- -,. - .----. - Domestic Return Receipt . \SEPmER'CDMP~SECtlON . . Complete items 1. 2. and 3. Also complete item 4 if Restricted Delivery is desired. m Print your name and address on the reverse so that we can retum the card to you. a: Attach this card to the back 01 the mailpiece, or on the front if space permits. 1. Article Acdressed to: James Dardon, Robert Bolick 615 1Y1o::;::; Street, Unit 2 Chula Vista, CA 91911 2. Artic!e Number (Transfer fTcm servi~ fabeO FS Form 381 1, Febroary 2004 ~ ~"1:::... _;:J ;:J- A. Signature ~k.Q.mCb B. Received by ( Primed Name) Ii DAger.t o Accres:;~ C..'::at8 cf Oeliyery S~Jb C:> D. Is celivery aedress different from Item 17 0 Yes 11 YES, enter delivery aeeress beiow: 0 No 3. Service Type ~ Certified Mail o Registel"ad o Insured Mail DE;:cressMail ;0 Return Receipt for Merc~anc:se tJ C.O.D. 4. RestriC::ed Delivery'? i&".nI Fee) DYes 7005 1820 0006 5790 7773 Dcmestic Retum Receipt ,aZ:9s-.:l2-M-1S-l-O ._-"----, :-1::::1 . =. . Complete items '1, 2. and 3. Also ~ompjete 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 01 the mailpiece, or on the front if space permits. 1. Artlc!e Aderessec: to: Fr:mcisco Aldrete & Edith Aldrete & Abraham Aldrete 615 Moss Streer. Unit 3 Chula Vista. CA 919 \ 1 :. AAlc!e Numoer ('J'J'm::mlr-tn::mservic::slacell :::5 :=crm 38i l, t=~~n..;::lrl :::C04 DAgent o Adcress~ i\ ecelvedrOY ( Pnnted Name) , . Oatrol Oe\N~ ;:V'~ P{.ko: S //0' IV?, O.lsceliveryadcressdifferentfromitem11 C'~ If YES, enter delivery address below: ~ 3. Service Type y;. Certified Mail o Registered D lnsurad Mail o E;l:press Mail ~ Return Recaipt fer Merc~.c!se o C.O.D. ~. Restl1e:ed Delivery? (E.."Va Fee) eYes (uG~ ~cc~ G~~~ =(~Q (=~~ :cm~tlC Merum Recell:lt ~~~.s-.="M-L::";": ~---~-~--' A-ftrt CV1met'\+ F p I ann n g & Building Planning Division Department Development Processing ---- ellY OF CHUIAYISfA 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. 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, including 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 ConsultantE Judith R. Briggs, Southwest Equity Partners Eruce Taylor, Anthony-Taylor Consultants Keoni Rosa, Architect Gar! Chapman, Chapman Stephens Design Grouf 5. Has any person* associated with this contract had any financial dealings with an official*" of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ No~ If Yes, briefly describe the nature of the financial interest the official"* may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No.!.... Yes _If yes, which Council member? 276 Fuunh Avenue Chul.) ViSliJ C.1i i lorn !.1 J _ ~~q 11) ih; Ll) 111)1 _:; 11) 1 Resolution No. 2008-175 Page 22 ~\{-Y :-r- p I ann n g & Building Planning Division Department Development Processing ellY OF CHULAVISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (0" 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 x If Yes, which official*'" and what was the nature of Item provided? Date: \\- 7-0(;, ~~ , William J. Creaqan, III/Moss 28, L~C 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. 27fi Fuurln ,.l"venu(:' (' hul,] Vi'-r" (,111 [orn i" <..11':1111 'h I CI', hi.-ll.:; I'" I Resolution No. 2008- 175 Page 23 Appendix B-Addendum Item #2 List of all individuals with a $2,000 investment in the business entity: Moss 28, LLC November 7, 2006 1. First Trust Corporation TTEE fbo Judith R. Briggs Focus IRA 2. First Trust Corporation TIEE 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 TIEE 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 2 I, 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. 21. The Anne Marie Ward Revocable Trust 22. Abbie Zands 23. Samuel and Sara Zands, Community Property 24. William J. Creagan III