HomeMy WebLinkAboutCVRC Reso 2009-012CVRC RESOLUTION NO. 2009-012
RESOLUTION OF THE CHULA VISTA REDEVELOPMENT
CORPORATION APPROVING A DESIGN REVIEW PERMIT
(DRC-09-17) AND PLANNED SIGN PROGRAM AND
RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A
TENTATIVE CONDOMINIUM SUBDIVISION MAP (PCS-09-02)
AND TO ALLOW THE CONSTRUCTION OF A 34,825 SQUARE
FOOT MIXED-USE PROJECT WITH 25 MULT-FAMILY
RESIDENTIAL CONDOMINIUM UNITS AND 1 COMMERICAL
UNIT WITH 6 SUITES LOCATED AT 778 BROADWAY
WHEREAS, the pazcels, which are the subject matter of this resolution, are represented
in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of
general description are located on two lots, including one vacant lot located at778 Broadway,
Chula Vista ("Project Site"); and
WHEREAS, on December 11, 2008, duly verified applications for a Tentative
Subdivision Map (PCS-09-02), Design Review Permit (DRC-09-17), and Planned Sign Program
(PSP-09-02) were filed with the City of Chula Vista on behalf of Yih-Ruey Chang and Chan-
Yung Chang (Applicant) to enable the construction of a 34,825 squaze foot mixed use project
with 25 residential condominium units and one commercial unit with six suites, (Project); and
WHEREAS, the Environmental Review Coordinator has reviewed the project for
compliance with the California Environmental Quality Act (CEQA), and based on this review, a
Secondary Study was prepazed pursuant to Final Program Environmental Impact Report (PEIR)
No. 06-01 for the Project. Based on this review, the Environmental Review Coordinator has
determined that the Project was adequately covered under previous PEIR No. 06-01. Thus, no
further environmental review or documentation is necessary; and
WHEREAS, a hearing time and place was set by the Chula Vista Redevelopment
Corporation (CVRC) for consideration of 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 and residents within 500 feet of the exterior boundaries of the
property, at least ten (10) days prior to the hearing; and
WHEREAS, the CVRC held a duly noticed public hearing to consider said application at
the time and place as advertised, namely December 10, 2009 at 4:00 p.m. in the Council
Chambers, 276 Fourth Avenue, and said heazing was thereafter closed; and
WHEREAS, the Project is in conformance with the requirements of the State of
California Subdivision Map Act, City Subdivision Manual, Design Manual, Landscape Manual,
therefore staff has developed Conditions of Approval provided as Exhibits B and C to ensure the
Project is developed and maintained subject to these certain criteria; and
CVRC Resolution 2009-012
Page 2
WHEREAS, the CVRC having received certain evidence on December 10, 2009, as set
forth in the record of its proceedings, and having made certain findings, as set forth in their
recommending Resolution PCS-09-02 /DRC-09-017 / PSP-09-02, recommends that the City
Council approve Tentative Subdivision Map PCS-09-02, based on those certain terms and
conditions contained herein.
NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment
Corporation does hereby find and determine as follows:
A. ENVIRONMENTAL DETERMINATION
The Chula Vista Redevelopment Corporation, in the exercise of its independent
judgment, as set forth in the record of its proceedings, has reviewed the proposed project for
compliance with the California Environmental Quality Act and finds that the proposed project
was adequately covered in previously adopted Final Program Environmental Impact Report
(PEIR) No. 06-01. Thus, no further environmental review or documentation is necessazy. The
Project applicant, and any other responsible parties, shall comply with applicable Mitigation
Measures of PEIR No. 06-01. Thus, no further environmental review or documentation is
necessary.
B. CONFORMANCE WITH CITY DESIGN MANUAL
The Chula Vista Redevelopment Corporation does hereby find that the Design Review
Permit DRC-09-017 is in conformance with the Design Manual, and Landscape Manual and
hereby approves the Design Review Permit (DRC-08-019), subject to conditions of Exhibit B,
attached hereto and incorporated herein by this reference.
C. CONFORMANCE WITH THE CITY SUBDIVISION MANUAL
The Chula Vista Redevelopment Corporation does hereby find that the Tentative
Condominium Subdivision Map is in conformance with the State of California Subdivision Map
Act and City Subdivision Manual, and recommends that the City Council adopt the attached
Draft City Council Resolution (Exhibit C) approving and establishing conditions of approval of a
Tentative Condominium Subdivision Map for the Project to divide the Project Site into 25 multi-
family residential condominium units.
BE TT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City
Council.
Presente by:
Gary Halbert
Chief Executive Officer
Approved as to form by
art Miesfeld __ _ _ _ _
~eneral Counsel
CVRC Resolution 2009-012
Page 3
PASSED, APPROVED, and ADOPTED by the Chula Vista Redevelopment Corporation
of the City of Chula Vista, this 10th day of December 2009, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Directors: Desrochers, Munoz, Paul, Reyes, Salas, and Lewis
Directors:
Directors: Flores
Directors:
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1
ATTEST:
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c ~ CVRC ~~
kett, Secretary
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06/15/200
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STATE OF CALIFORNIA ) ~~ $~
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CITY OF CHULA VISTA 1 ~cNt ~ORQO
I, Eric C. Crockett, Secretary of the Chula Vista Redevelopment Corporation of the City of
Chula Vista, California, do hereby certify that the foregoing CVRC Resolution No. 2009-012
was duly passed, approved, and adopted by the Chula Vista Redevelopment Corporation at a
special meeting of the Chula Vista Redevelopment Corporation held on the 10th day of
December 2009.
Executed this 10th day of December 2009.
En~ ckett, Secretary
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T
L C
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
'_OCATOR PROJECT
APPLICANT. Milano Group Architects MISCELLANEOUS
PROJECT Project Summary: Proposing conversion of existing motel units to
I AooRESS: 778 Broadway condos, construct additional (new) condos, add retail suites for a
mixed-use (residential/condo) project with a total of 25 condominiums
SCALE: FILE NUMBER: UnItS 2nd 6 fef211 SUIteS.
L:\Gabe Files\locators\pcs0902.cdr 12/22/08
EXHIBIT A
EXHIBIT B
Design Review 09-017 Conditions of Approval
Broadway Condominiums/Mixed Use
The Chula Vista Redevelopment Corporation does hereby approve Design Review Permit
DRC-09-017 subject to the following conditions of approval. Unless otherwise specified,
these conditions of approval shall be implemented by the Applicant to the satisfaction of
the Director of Development Services, prior to the issuance of building permits:
DEVELOPMENT SERVICES DEPARTMENT CONDITIONS
PLANNING DIVISION:
1. Pay in full any unpaid balance for the Project, including Deposit Account No.
DQ1554.
2. The subject property shall be developed and maintained in substantial conformance
with the approved application, plans, elevations, and color and material board, except
as modified herein.
3. Prior to the issuance of any permits required by the City of Chula Vista for the use of
the subject property in reliance upon this approval, the Applicant/Representative and
property owner shall execute this document by making a true copy of this document
of conditional approval and signing both this original document and the true copy on
the lines provided below, said execution indicating that the Applicant/Representative
and Property Owner have each read, understood and agreed to the conditions
contained herein, and will implement the same. Upon execution, the true copy with
original signatures shall be returned to the Project Planner in the Planning and
Building Department. Failure to return the signed copy of this document within
thirty days of the effective date hereof shall indicate the Applicant's/Representative's
or Property Owner's desire that the project, and the corresponding application for
building permits and/or a business license, be held in abeyance without approval.
Signature of Property Owner or Representative Date
Signature of Applicant or Representative Date
-1~
CVRC Resolution 2009 - 012
Exhibit B
Page 2
4. Prior to issuance of a building permit for demolition or renovation work, a licensed
abatement contractor shall remove and properly dispose of any hazardous materials
found on-site.
5. Prepare a supplemental acoustical noise analysis to determine: A) If mechanical
ventilation or air conditioning is required to achieve the interior residential noise
standazd of 45 CNEL or less in any habitable room, and B) If any required
mechanical equipment meets the City's noise ordinance standards.
6. The Project shall comply with the following active dust control practices to be
employed during grading and construction:
A. All unpaved construction azeas shall be sprinkled with water or other acceptable
San Diego APCD dust control agents during dust-generating activities to reduce
dust emissions. Additional watering or acceptable APCD dust control agents shall
be applied during dry weather or windy days until dust emissions are not visible.
B. Trucks hauling dirt and debris shall be properly covered to reduce windblown dust
and spills. A 20-mile-per-hour speed limit on unpaved surfaces shall be enforced.
C. On dry days, dirt and debris spilled onto paved surfaces shall be swept up
immediately to reduce re-suspension of particulate matter caused by vehicle
movement. Approach routes to construction sites shall be cleaned daily of
construction-related dirt in dry weather.
D. On-site stockpiles of excavated material shall be covered or watered.
E. Disturbed azeas shall be hydro-seeded, landscaped, or developed as quickly as
possible and as directed by the City and/or APCD to reduce dust generation.
F. To the maximum extent feasible heavy-duty construction equipment with
modified combustion/fuel injection systems for emissions control shall be utilized
during grading and construction activities and catalytic reduction for gasoline-
powered equipment shall be used. Equip construction equipment with prechamber
diesel engines (or equivalent) together with proper maintenance and operation to
reduce emissions of nitrogen oxide, to the extent available and feasible.
G. Electrical construction equipment shall be used to the extent feasible.
H. The simultaneous operations of multiple construction equipment units shall be
minimized (i.e., phase construction to minimize impacts).A supplemental
Acoustical study will be prepazed prior to issuance of building permits for roof
mounted HVAC equipment.
7. The proposed trash enclosures shall have a solid roof that is consistent with the colors
and materials of the rest of the enclosure. The trash enclosure site shall be graded in
such a way as to prevent run-on into the trash enclosure azea.
8. All utility meters and closets shall be painted to match the colors of the building
elevations or shall be screened appropriately from public view.
9. All ground mounted utility appurtenances, including but not limited to, transformers,
AC condensers, utility risers shall be located out of public view and adequately
`-~' ~-~
C VRC Resolution 2009 - 0 ] 2
Exhibit B
Page 3
screened using a combination of concrete or masonry walls, grade contouring
(terming), and landscaping to the satisfaction of the Zoning Administrator.
10. Submit and obtain approval of a revised site plan showing a revised path of travel
serving the proposed handicapped parking spaces that complies with the State of
California Handicapped Accessibility requirements. The path of travel cannot pass
behind the handicapped parking space.
11. Curbs shall be used as wheel stops in the parking lot. Separate wheel stops are not
permitted, unless the depth of the parking space exceeds 19 feet.
12. This permit shall become void and ineffective if not used or extended within one year
from the effective date thereof, in accordance with Section 19.14.600 of the
Municipal Code.
13. Applicant shall install storage area for each unit as specified in the approved storage
plan. Any modification of the storage plan would require review and approval by the
Director of Development Services prior to building permit issuance.
14. Applicant shall provide a detailed landscape plan for review and approval by the
Planning and Building or designee concurrent with the building permit submittal, per
Municipal Code and Landscape Manual requirements. All sheets shall be stamped and
wet signed by the Landscape Architect of Record. The detailed landscape plans shall
substantially conform to the approved concept landscape plan, except as modified as
follows:
a) Plans shall clearly label public right-of--way vs. privately maintained
landscape areas.
b) Separate imgation systems for the public right-of--way and private landscape
areas shall be required.
c) Enhanced paving proposed for driveways shall be reviewed and approved by
City Landscape Architect prior to approval of detailed landscape plans.
d) Provide written evidence that the Applicant has assumed maintenance of the
landscaping in the public right-of--way of Broadway adjacent to the project
stte.
e) Pedestrian walkways specified on concept landscape plan shall be constructed
of decorative material, with finish and colors to be determined by Applicant
and City Landscape Architect, prior to approval of detailed landscape plans.
f) Plantings installed in BMP/swale along southerly property line shall be
appropriate for use in a Swale and approved by the City Landscape Architect.
g) Install one additional large-scale street tree such as a queen palm or similar in
planter located at the southeast corner of site adjacent to Broadway, to help
sofren/break up views of the south elevation of the mixed use building.
15. Parking spaces shall be 10 feet wide when located adjacent to vertical obstructions
such as walls or utilities.
~~~~
CVRC Resolution 2009 - 012 Page 4
Exhibit B
16. Ensure that all roof-mounted equipment such as HVAC or similaz equipment is
screened from public view by a roof parapet or other enclosure.
17. Gutters and downspouts shall be internalized to conceal them from public view.
18. All freestanding or retaining walls are required to be constructed of decorative
materials where walls are visible to the public.
19. Prior to issuance of the building permit, the proposed lighting shall be reviewed and
approved by the Director of Development Services and the Chula Vista Police
Department (CVPD).
20. All project lighting, including lighting for signage illumination, shall be shielded and
oriented so as not to cause glaze to adjoining properties or the public street right-of-
way.
21. Lighting levels within 50 feet of a residentially zoned property, which includes the
properties to the north and west of the site, should not exceed 5-foot candles.
22. Parking and driveway lighting systems shall be designed to operate at two levels, one
for normal business operating hours (sunset to close of business) and another reduced
intensity level for non-operational hours (close of business to sunrise).
23. Obtain approval by the City Council of Tentative Subdivision Map PCS-09-02 and
subsequent Final Map prior to use of the Project Site for condominium ownerships.
PLANNED SIGN PROGRAM:
24. Applicant or commercial tenants shall submit and obtain approval of sign permits
from the Zoning Administrator prior to installation of any signs shown on the
approved Planned Signage Program (PSP-09-02) plans.
25. All signage shall be installed in conformance with the approved Planned Sign
Program (PSP-09-02) and applicable Urban Core Specific Plan requirements,
including the UCSP Sign Regulations (Chapter VI, Section G.3) and the UCSP
Comdors District Sign Design Guidelines (Chapter VII, Section 8).
26. Lighted window signs, flashing window signs or any sign not applied directly to the
windowpane are not permitted.
27. Illuminated commercial signs shall be installed in a manner that shields residential
unit entries and windows from glare.
BUILDING DIVISION:
28. Plans submitted to the Building Division for building permits shall comply with
applicable codes and requirements, including but not limited to the 2007 California
~'a.~
CVRC Resolution 2009 - 012
Exhibit B
Page 5
Building Code (CBC) and California Handicapped Accessibility requirements, 2007
California Mechanical Code, 2007 California Plumbing Code, 2007 California
Electrical Code, and 2005 California Energy Code.
29. Applicant shall complete and submit the "Building Code Summary Worksheet" for
residential and commercial occupancies with submittal of the building permit
application(s).
30. Covered dwelling units shall comply with the housing accessibility requirements of
ChapterllA, and commercial units shall comply with accessibility requirements of
Chapter 11 B.
31. On the building permit title sheet, please show justification to exceed the basic
allowable floor azea listed in CBC-T-503. Provide calculations to justify the increase
in allowable area.
32. Applicant shall indicate the following on the building plans:
a) The type of occupancy;
b) The type of construction;
c) Sprinklers;
d) Building height.
33. All sheets must be stamped and wet signed by an Architect licensed by the State of
California. Plans for elements of the structure designed by others must be reviewed
and approved by the Engineer or Architect of Record (Ca. Business and Professional
Code 5536.1, 6735).
34. Please provide a complete exit analysis with building permit specifying the following:
a) Square footage, occupant load, and required exit from each building area or
portions.
b) The accumulated occupant load and required exit widths (door and stairs per
CBC Table 10-B).
c) Use arrows to show the travel path from each building area all the way to exit
discharge element (i.e. exit enclosure, etc.) or public way (general exit flow
patterns) on the floor plans or on a separate exit analysis sheet.
d) Identify all new and existing doors and specify the size on the plans.
ENGINEERING DIVISION:
The following conditions of approval shall be implemented prior to the issuance of the
building, grading or improvement plans, to the satisfaction of the City Engineer:
-~3
CVRC Resolution 2009 - 012 Page 6
Exhibit B
35. Applicant shall comply with all applicable conditions of approval for Tentative
Subdivision Map No. PCS-09-02 prior to issuance of any permit in reliance on this
approval.
FIRE DEPARTMENT CONDITIONS
The following conditions of approval shall be implemented to the satisfaction of the
Chula Vista Fire Mazshall, prior to the issuance of the building permit:
FIRE DEPARTMENT UNDERGROUND FIRE SERVICE UTILITIES:
36. Provide a water supply analysis (technical report) for review and approval. This
report shall be a node-to-node analysis using the Hazen-Williams formula. The
analysis shall show that the required fire flow is available at the hydrants and that
simultaneously, the sprinkler demand is available at the most demanding sprinkler
riser.
37. Provide a fire flow estimate based on building square footage and construction type,
in conjunction with the building permit submittal.
38. Provide a water flow letter from the applicable water district indicating that the
required fire flow is available to serve the project.
39. Provide fire hydrants to Chula Vista Fire Department (CVFD) standazds. Hydrants to
be spaced every 300 feet of travel distance. One additional hydrant shall be located on
the northwest comer of the site.
40. Provide afire-hydrant-only exhibit with other utility layers turned off to show only
underground fire utilities.
41. The minimum fire hydrant size shall be: 6" x 4" x 2 'Yz" x 2 ''/z".
FIRE DEPARTMENT ACCESS:
42. Fire Lane/Signs shall be posted around the entire property.
43. A minimum of 20 feet is required to be maintained azound the entire property for
emergency access.
44. Automatic gates shall be provided with both an Opticom Detection System and a
Knox Key Switch override. Provision shall be taken to operate the gate upon the loss
of power.
45. Buildings shall be provided with two Knox appliances.
a) Provide a Knox Vault at the main entrance to the building.
b) Provide a Knox Box at the Fire Control Room.
~-a~
CVRC Resolution 2009 - 012
Exhibit B
Page 7
46. The building(s) addresses shall be designed in accordance with the following criteria:
a) For buildings located 0-50 ft or more from the building to the face of the curb
= 6 inches in height with a 1 inch stroke.
b) For buildings located 51-150 ft or more from the building to the face of the
curb =10-inches in height with a 1-1/2 inch stroke.
c) For buildings located 151 ft or more from the building to the face of the curb =
street address numbering shall be 16-inches in height with a 2-inch stroke
AUTOMATIC FIRE SPRINKLER SYSTEMS:
47. Provide automatic fire sprinkler system per CVFD standards (NFPA 13 System).
48. A standpipe system may be required based on the height of the building.
FIRE ALARM SYSTEMS:
49. This Project shall be protected throughout by an approved fire alarm system
(automatic, manual, fire flow monitoring).
FIRE DEPARTMENT PERMITS:
50. Retail units may be required to obtain a permit depending on the type of occupancy.
GENERAL SERVICES DEPARTMENT CONDITIONS
51. Applicant shall develop, submit and obtain approval of a "Recycling and Solid Waste
Management Plan" to the Environmental Services Program Manager for review and
approval, prior to issuance of the building permit. A synopsis of the plan shall be
included in the notes on the Building Plans. The plan shall demonstrate those steps
that the applicant will take to comply with Sections 8.24 and 8.25 of the Municipal
Code, to meet the State mandate to reduce or divert 50% of the waste generated by
commercial, residential and industrial developments. The applicant shall contract
with the City's franchise hauler throughout the construction and occupancy phase of
the project.
POLICE DEPARTMENT CONDITIONS:
52. During the construction process, a security inspection shall be scheduled with Police
Department Community Relations/Crime Prevention Personnel.
OTHER CONDITIONS
Sweetwater Authority
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CVRC Resolution 2009 - 012 Page 8
Exhibit B
53. The Applicant shall provide the following information to the Authority to determine
the adequacy of the existing water system and proposed improvements needed to
serve the project, prior to issuance of the building permit:
(a) The owner must submit a letter to the Authority from the Fire Department stating
fire flow requirements. Based on this requirement, the Authority will determine if
there is a need for upgraded facilities;
(b) Submit proposed water demands for proposed domestic and irrigation uses in
gallons per day; a plumbing plan; and fire sprinkler plans an calculations;
(c) The project will require an approved back flow prevention assembly;
(d) Water facilities cannot be located within three feet of the edge of driveway
aprons;
(e) Any service in conflict with the concrete improvements will have to be relocated
at the owner's expense;
(f) A 10-foot horizontal separation between sewer and water laterals is required.
Chula Vista Elementary School District
54. State law currently provides for a developer fee of $2.72/squaze foot of assessable
area of new residential construction and additions or remodels of over 500 square
feet. This fee is to assist in financing facilities needed to serve new growth. Also, a
fee of $0.42 per square feet for non-residential construction, for school facilities, is
payable at the time of application for building permits.
55. The Applicant shall and do agree to indemnify, protect, defend and hold harmless
City, its City Council members, officers, employees and representatives, from and
against any and all liabilities, losses, damages, demands, claims and costs, including
court costs and attorney's fees (collectively, liabilities) incurred by the City azising,
directly or indirectly, from (a) City's approval and issuance of this Design Review
Permit and (b) City's approval or issuance of any other Permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated on the
Project Site. The Applicant acknowledge their agreement to this provision by
executing a copy of this Design Review Permit where indicated above. The
Applicant's compliance with this provision shall be binding on any and all of the
Property Owner's and Applicant's successors and assigns.
56. The Applicant shall comply with all City ordinances, standards, and policies. Any
violation of City ordinances, standazds, and policies or of any condition of approval
of this Design Review Permit, or of any provision of the Municipal Code, as
determined by the Director of Development Services, shall be grounds for revocation
or modification of this Design Review Permit by the City of Chula Vista.
57. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN
that the 90 day period to protest the imposition of any impact fee, dedication,
t-f _ f'`f"
CVRC Resolution 2009 - 012
Exhibit B
Page 9
reservation, or other exaction described in this resolution begins on the effective date
of this resolution and any such protest must be in a manner that complies with Section
66020(a) and failure to follow timely this procedure will baz any subsequent legal
action to attack, review, set aside, void or annul imposition. The right to protest the
fees, dedications, reservations, or other exactions does not apply to planning, zoning,
grading, or other similar application processing fees or service fees in connection
with this project; and it does not apply to any fees, dedication, reservations, or other
exactions which have been given notice similar to this, nor does it revive challenges
to any fees for which the Statute of Limitations has previously expired.
58. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted, institute and prosecute litigation to
compel compliance with said conditions or seek damages for their violation. Failure
to satisfy the conditions of this Permit may also result in the imposition of civil or
criminal penalties.
END OF LIST OF CONDITIONS OF APPROVAL
c,(-~-~
Exhibit C
DRAFT
RESOLUTION NO. 2010-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, APPROVING A TENTATIVE MAP SUBJECT
TO THE CONDITIONS CONTAINED HEREIN FOR THE
BROADWAY CONDOMINIUMS PROJECT, TO DIVIDE 0.98
ACRES LOCATED AT 778 BROADWAY INTO 25 MULTI-
FAMILY RESIDENTIAL UNITS AND ONE COMMERCIAL
UNIT WITH 6 SUITES.
L RECITALS
A. Project Site
WHEREAS, the parcel of land which is the subject matter of this Resolution is depicted
in Exhibit "A", attached hereto and incorporated herein by this reference, and for the purpose
of general description consists of 0.98 acres located at 778 Broadway in the Merged
Redevelopment Area, consisting of Assessor Parcels APN 571-200-18-00 and APN 571-200-
19-00, (Project Site); and
B. Project Applicant
WHEREAS, on December 11, 2008, a duly verified application requesting approval of a
Tentative Subdivision Map (PCS-09-02, Chula Vista Tract No. 09-02) was filed with the
City of Chula Vista Development Services Department by Yih-Ruey Chang and Chang-Yung
Chang (Applicant); and
C. Prior Discretionary Approvals
WHEREAS, on December 10, 2009, the development of the Project Site received
discretionary approval from the Chula Vista Redevelopment Corporation for Design Review
Application DRC-09-17 for a mixed use commercial and residential project including
twenty-five multi-family condominium units and one commercial unit with six suites; and
D. Project Description; Environmental Determination
WHEREAS, said Applicant requests approval of a Tentative Map to subdivide 0.98 acres
into 25 multi-family residential units and 6 commercial suites (Project) on said Project Site;
and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project
for compliance with the California Environmental Quality Act and has conducted an Initial
Study, IS-09-O10 in accordance with the California Environmental Quality Act (CEQA).
Based upon the results of the Initial Study, the Environmental Review Coordinator has
determined that the Project is covered by the Final Program Environmental Impact Report
(PEIR) #06-01 for the Urban Core Specific Plan and related documents, and has prepared a
Secondary Study. Based on the environmental analysis contained within the Secondary
Study, the proposed action will not have any significant effect on the environment other than
as identified in the PEIR. Therefore, a negative declazation, subsequent environmental
J:\RedevelopmenbHOUSins\Council, Boards& Commissions\CVRC\?-Stag 0.eports\2009\12-10-2009\998 Broadway\CCRE54Drafl Exhibit C Pinal doc
Resolution No. 2009-
Page 2
Exhibit C
DRAFT
impact report, supplement to environmental impact report, or an addendum to
environmental impact report is not required.
E. Chula Vista Redevelopment Corporation (CVRC) Record on Applications
WHEREAS, a hearing time and place was set by the CVRC for consideration of 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 and residents
within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the
hearing; and
WHEREAS, the CVRC held an advertised public hearing on the Project on December 10,
2009, wherein the CVRC, took public testimony, heazd staffs' presentation, and reviewed and
considered the applications for a Tentative Map (PCS-07-07) and Design Review Permit
(DRC-09-17); and
WHEREAS, following staffs' presentation and hearing of public comments, the CVRC
considered all evidence and testimony presented and voted 0-0-0-0 to approve Design
Review Permit DRC-09-17, and recommend that the City Council approve Tentative Map
PCS-09-02, in accordance with the findings and subject to the conditions herein; and
WHEREAS, the applicant has requested that the CVRC motion and vote to approve the
Project, along with any relevant comment be forward to the City Council for their
consideration at a public hearing to be held following the CVRC action; and
F. City Council Record on Applications
WHEREAS, a heazing time and place was set by the City Council for consideration of 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, its mailing to property owners within 500 feet of
the exterior boundary of the Project, at least ] 0 days prior to the heazing; and
WHEREAS, the duly called and noticed public hearing on the Project was held before the
City Council on _/_/2010, in the Council Chambers, 276 Fourth Avenue, at 6:00 p.m. to
receive the recommendations of the CVRC, and to hear public testimony with regard to the
same; and
WHEREAS, the City Council reviewed and considered the Secondary Study required
pursuant to PEIR #06-0] for the Urban Core Specific Plan, and Tentative Map (PCS-09-02).
NOW, THEREFORE BE IT RESOLVED that after considering all evidence and testimony
presented the City Council does hereby find and determine as follows:
IL CHULA VISTA REDEVELOPMENT CORPORATION RECORD
Record of the proceedings of the CVRC at their public hearing on December ]0, 2009,
including their vote upon CVRC Resolution No. PCS-09-02 recommending approval,
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Resolution No. 2009-
Page 3
Exhibit C
DRAFT
along with any relevant comments, have been provided to the City Council and aze
hereby incorporated into the record of this proceeding. These documents, along with any
documents submitted to the decision makers, shall comprise the entire record of the
proceedings for any California Environmental Quality Act claims.
III. WAIVER OF PUBLIC FACILITIES FINANCING PLAN
Pursuant to CVMC 19.09.050, the City Council hereby finds that the requirement for a
Public Facilities Financing Plan is hereby waived because the project is an infill
development located in a developed portion of the City where adequate public facilities
exist or will be provided concurrent with development of the project site, therefore there
are no public service, facility or phasing needs that warrant the preparation of a Public
Facilities Financing Plan.
IV. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that the Tentative Subdivision Map, as conditioned herein for 778
Broadway, is in conformance with the elements of the City's General Plan, based on the
following:
1. Land Use and Transportation:
The General Plan land use designation for the site is Mixed Use Residential. The
proposed condominium subdivision will be developed at a density of 25 multi-family
dwelling units per acre, with retail commercial uses on the ground floor, which is
consistent with the allowable uses permitted by the Mixed Use Residential General
Plan Designation.
The Project fronts on Broadway, and all related street and other public improvements
required to serve the Project either exist or will be provided in accordance with the
conditions of approval. Projects proposed for the western Chula Vista azea aze
required to pay the Western Transportation Development Impact fee prior to building
permit issuance, to pay their share of costs associated with future road construction
and maintenance.
2. Public Facilities and Services:
The Project has been conditioned to ensure that all necessary public facilities and
services will be available to serve the Project concurrent with the demand for those
services. There are no public service, facility, or phasing needs created by the Project
that warrants the preparation of a Public Facilities Financing Plan, therefore this
requirement is waived.
3. Housin¢:
The Project is consistent with the uses prescribed within the Mixed Use Residential
General Plan designation, and will provide additional opportunities for multi-family
home ownership in this azea of the Urban Core Specific Plan, as it transitions from
predominantly commercial uses into amixed-use area.
1: Utedcvelopmen,-Horsing\COUndI, Boards & Commlcslons\CVRC\2 - S~aR ftepons\2009\I2-10.2009V ]8 Broadway\CCHCSO-Draft Exbibit C Final Joc
Resolution No. 2009- Exhibit C
Page 4 DRAFT
4. Growth Management:
The Project is in compliance with applicable Growth Management Element
requirements because it is an infill project that will be served by existing public
infrastructure. There are no public service, facility, or phasing needs that warrant the
preparation of a Public Facilities Financing Plan.
5. Economic Development
Approval of the Project will help achieve the General Plan objectives that seek to
promote a variety of job and housing opportunities to improve the City's jobs/housing
balance, provide a diverse economic base, and encourage the growth of small
businesses.
6. Environmental
The project is an infill redevelopment project that would not adversely impact
sensitive environmental resources. The Environmental Review Coordinator has
prepared a Secondary Study in reliance on PEIR-06-O1, and has determined that the
project is in compliance with the California Environmental Quality Act, and finds that
the development of the site to be consistent with the goals and policies of the
Environmental Element of the General Plan.
B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the
configuration, orientation, and topography of the site allows for the optimum siting of
lots for natural and passive heating and cooling opportunities and that the development of
the site will be subject to site plan and architectural review to insure the maximum
utilization of natural and passive heating and cooling opportunities.
C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the City
Council certifies that it has considered the effect of this approval on the housing needs of
the region and has balanced those needs against the public service needs of the residents
of the City and the available fiscal and environmental resources.
D. The site is physically suited for residential development because it has previously been
graded and is level, is presently developed as a motel, and is located adjacent to existing
residential and commercial development. The Project conforms to all standards
established by the City for amixed-use commercial/residential development.
E. The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extend to the impact created
by the proposed development.
V. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the
90 day period to protest the imposition of any impact fee, dedication, reservation, or other
J:\0.edevelopmeo~-Housing\COUncil, Boards 4 Commissionx\CVRC\2 - StaRRepons\2009Ub10.2W9\998 Broadway\CCItE50-Pafl ExM1lbit C Pinaldoc
Resolution No. 2009-
Page 5
Exhibit C
DRAFT
exaction described in this resolution begins on the effective date of this resolution and any
such protest must be in a manner that complies with Section 66020(a) and failure to follow
timely this procedure will baz any subsequent legal action to attack, set aside, void or annual
imposition. The right to protest the fees, dedications, reservations, or other exactions does
not apply to planning, zoning, grading, or other similar application processing fees or service
fees in connection with the project; and it does not apply to any fees, dedication, reservations,
or other exactions which have been given notice similar to this, nor does it revive challenges
to any fees for which the Statute of Limitations has previously expired.
BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to
the general and special conditions set forth below.
VI. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL
A. Project Site is Improved with Project
The Applicant, or his/her successors in interest, shall improve the Project Site with the
Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 09-02, located
at 778 Broadway.
VII. SPECIAL CONDITIONS OF APPROVAL
A. The conditions herein imposed on this Tentative Subdivision Map approval are
approximately proportional both to nature and extent of impact created by the proposed
development. Unless otherwise specified, all conditions and code requirements listed below
shall be fully completed by the Applicant, Owner 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 herein shall be binding upon and
inure to the benefit of the heirs, successors, assigns and representatives of the Applicant
as to any or all of the property.
2. Applicant shall pay in full any unpaid balance for the Project, including Deposit Account
No. DQ1554 and related Engineering Division accounts.
Applicant 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 CVRC on December 10,
2009. The Applicant shall enter into an agreement with the City, providing the City with
such security (including recordation of covenants running with the land) and
implementation procedures as the City may require compliance with the above regulatory
documents. Said agreement shall also ensure that, after approval of the Final Map, the
Applicant and his/her successors in interest will continue to comply, remain in
compliance, and implement such Plans.
1:Vtedevelopmenl-HOUSiny\Council, eoard+d Commissions\CV RC\2-Sian Repons`d009'.12-10-2009V]8 Broadway\CCRESO-Draft Exhlbil C Final doc
Resolution No. 2009-
Page 6
Exhibit C
DRAFT
4. All project landscaping shall conform to the design elements of the City's Landscape
Manual, and requirements of the DRC-09-17 Notice of Decision.
5. The Project shall be constructed in compliance with the Design Review Permit DRC-09-
17 approved by the CVRC on December 10, 2009.
6. Any and all agreements that the Applicant is required to enter into hereunder shall be in a
form approved by the City Attorney.
7. If any of the terms, covenants or conditions contained herein shall fail to occur, or if they
ace, by their terms, to be implemented and maintained over time, if any of such
conditions fail to be so implemented and maintained according to their terms, the City
shall have the right to revoke or modify all approvals herein granted including issuance of
building permits, deny, or further condition the subsequent approvals that are derived
from the approvals herein granted, institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. The Applicant shall
be notified in writing 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.
8. The Applicant shall comply with the "Recycling and Solid Waste Management Plan"
which has been approved by Chula Vista Public Works Department, Environmental
Management Services Division. The plan demonstrates those steps the Applicant will
take to comply with Municipal Code, including, but not limited to Sections 8.24 and 8.25,
and meet the State mandate to reduce or divert at least 50 percent of the waste generated
by all residential, commercial and industrial developments. The Applicant shall contract
with the City's franchise hauler throughout the construction and occupancy phase of the
project. The plan shall incorporate trash enclosures which are designed to comply with
the City's N.P.D.E.S. permit if applicable, to provide compatibility with the azchitectural
style of the development, and to enhance trash enclosure doors where they aze highly
visible.
9. Applicant shall present written verification to the City Engineer from the Sweetwater
Authority (Authority) that the subdivision will be provided adequate water service and
long-term water storage facilities, and has complied with the Authority's requirements, as
specified in the CVRC Resolution of Approval of DRC-09-17.
10. Applicant shall submit detailed street tree and landscape erosion control plans for the
Project concurrent with grading plan submittal and approved prior to approval of the
Grading Permit by the Director of Development Services or designee. Plans shall be
prepazed by a registered Landscape Architect pursuant to the City's Landscape Manual,
City Grading Ordinance and Subdivision Manual. Plans shall be consistent with the
Concept Landscape Plan approved in conjunction with the Design Review Permit DRC-
09-017.
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Resolution No. 2009-
Page 7
Exhibit C
DRAFT
11. Prior to the installation of any dry utilities, including but not limited to cable, telephone,
gas or electric lines, Applicant shall complete street improvement Landscape
Improvement Plan showing above ground utilities. Prior to any utility installation, wood
stakes shall be placed by the Applicant "on-site" according to the approved street
improvement Landscape Improvement Plan, and shall be painted a bright color and
labeled as "future street tree location". Applicant agrees to provide to the City adequate
documentation that all utility companies have been given notice that no dry utility line
shall be located within five feet of the wood stake in any direction. Applicant will
maintain street tree identification stakes in the locations as shown on the approved street
improvement Landscape Improvement Plan until all dry utilities are in place.
12. Applicant shall enter into an assignable "Grant of Easements and Encroachment permit"
to ensure the perpetual maintenance of landscaping within the right-of--way by the Home
Owner's Association. Street parkways shall be designated as recycled water use areas, if
approved by the local water purveyor and the San Diego County Health Department.
13. Applicant shall submit plans and information to the satisfaction of the Chula Vista Fire
Department that the Project meets the Chula Vista Fire and California Fire Code
requirements, including but not limited to fire access, water supply, sprinkler systems,
and fire alarms.
14. Prior to approval of the Final Map, Applicant shall show compliance with the
requirements for occupancy of a new condominium project, pursuant to CVMC
15.56.020.
15. Pursuant to CVMC 15.56.070, a waiver of storage space required by CVMC 15.56.020.c
is hereby granted, contingent upon storage being constructed per the approved Storage
Plan and Design Review Permit DRC-09-017.
AGREEMENTS. CC&R's, and FEES:
16. The following fees will be required based on the final building plans submitted (see
attached Development Checklist for more information:
a. Sewer Connection and Capacities Fees
b. Traffic Signal Fees
c. Public Facilities Development Impact Fees
d. Western TDIF
e. Other fees as may be approved by City Council prior to issuance of Building
Permits
17. Payment of the Park Acquisition and Development (PAD) fee per dwelling unit is
required prior to the Final Map approval (or first Building Permit issuance, whichever
occurs first) in accordance with CVMC 17.10. 100. The PAD fee is adjusted on an annual
basis on October I based on the Engineer Construction Cost Index. The payment of PAD
1 VtedevelopmenbHouslnyU'uuncil, Boards & Commisslons\CVRC\2-SraBRepons@009V 2-IO-2W9\7)8 Broadway\CCRE50-Draft Exhibh C [inaldoc
Resolution No. 2009-
Page 8
Exhibit C
DRAFT
fee amount in place at the rime of the recording of the Final Map is required. The PAD fee
for the project at this time is $174,925.00 (25 @ $6,997/unit).
18. Additional deposits and fees in accordance with the City Subdivision Manual will be
required for the submittal of the following items:
a. Final Map
b. Grading Plans
c. Improvement Plans
19. Prior to Final Map recordation, enter into an agreement with the City whereby the
developer/owner agrees to:
a. Defend, indemnify and hold harmless the City and its agents, officers and
employees, from any claim, action or proceeding against the City, or its agents,
officers or employees to attack, set aside, void or annul any approval by the City
of Chula Vista, including approval by its Design Review Board, Redevelopment
Advisory Commission, Chula Vista Redevelopment Corporation, City Council or
any approval by its agents, officers, or employees with regard to this subdivision
pursuant to Section 66499.37 of the Map Act provided the City promptly notifies
the subdivider of any claim, action or proceeding and on the further condition that
the City fully cooperatesin the defense.
b. Hold the City harmless from any liability for erosion, siltation, or increased flow
of drainage 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/unit 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.
d. Agree to comply with all applicable sections of the Chula Vista Municipal Code
and prepare the Final Map and all plans in accordance with the provisions of the
Subdivision Map Act, Subdivision Ordinance and the Subdivision Manual of the
City of Chula Vista.
e. Agree to include provisions in the Declaration of Covenants, Conditions and
Restrictions (CC&R's) for the perpetual and routine maintenance of all streets,
sewers, common areas, driveways and private storm drain systems. The City of
Chula Vista shall be named as a party to said Declaration authorizing the City to
J:VtedevelopmeobHousing\Cwnul, Uoards& Commissions\CVRC@ -Staff ACpons\2009V 210-2WY\7]8 Broadway\CCRF.S6@afl Bxbibil C Fineldoc
Resolution No. 2009-
Page 9
Exhibit C
DRAFT
enforce the terms and conditions of the Declaration in the same manner as any
owner within the subdivision.
20. Developer shall submit CC&R's or like documents, as approved by the City Attorney, to
the City Engineer and Director of Planning and Building Department for approval prior
to approval of the Final Map. Said CC&R's or like document shall include those items
referenced in Condition 19(e) above, and maintenance of all facilities located within
common azeas including but not limited to: walls, fences, lighting structures, paths,
recreational amenities and structures, sewage facilities, drainage structures, drainage
BMP's and landscaping. Said CC&R's shall be consistent with Chapter 18.44 of the
Subdivision Ordinance, the Design Review application, DRC-09-17, and shall be
recorded concurrently with the Final Map.
21. The CC&R's shall include programs and Homeowners' Association (HOA) enforcement
mechanisms for the prevention of non-storm water discharges to the public storm water
conveyance system.
22. Developer agrees to process a "Grant of Easements, License and Maintenance
Agreement" to allow the HOA to maintain the landscaping within the proposed public
right of way prior to Final Map approval.
GRADING, DRAINAGE, AND STORMWATER:
23. If required the Developer must obtain a Land Development permit prior to beginning any
earthwork activities at the site and before issuance of any building permits in accordance
with Grading Ordinance No. 1797. Developer shall submit Grading Plans in
conformance with the City's Subdivision Manual and City's Storm Water Management
requirements, including, but not limited to the following:
A. Grading Plans shall be prepared by a registered civil engineer and approved by
the City Engineer.
B. A drainage study and geotechnical/soils study aze required with the first submittal
of Grading Plans. The drainage study shall calculate the pre-developed and post-
developed flows and show how downstream properties and storm drain facilities
are impacted. Design should incorporate detention of storm water runoff, if
required.
C. All retaining walls shall be noted on the grading plans and include a detailed wall
profile. Structural wall calculations are required if walls are not built per City
Standards and if fences are to be placed on top of retaining walls.
D. Grading plans shall conform to the City Storm Water Management requirements
and is required in the City's Development Storm Water Manual.
E. All onsite drainage facilities shall be private.
F. Prior to issuance of a Land Development Permit, any offsite work will require a
notazized letter of permission from the adjacent property owners and labeled on
the grading plans.
J:\Redevdopmmt-Housing\COUncil, Boards B Commissions\CV RC@ - Stag Repona\2009V b10.2009V]H Broadway\CCRESO-Draft ExM1ibit C Finaldoc
Resolution No. 2009-
Page ] 0
Exhibit C
DRAFT
24. A "Preliminary Water Quality Technical Report for Broadway Condominiums" dated
September 10, 2008, has been prepazed by Callu Engineering for the Project. The
applicant will be required to comply with all provisions contained in this final Water
Quality Technical Study. If required by the City Engineer, the Developer shall submit a
final updated Water Quality Technical Report (WQTR) prepared by a registered civil
engineer to be reviewed and approved prior to issuance of a grading permit or issuance of
any building permits, whichever occurs first.
25. Development of this project shall comply with all requirements of State Water Resources
Control Board (SWRCB) NPDES General Permit No. CAS000002, Waste Discharge
Requirements for Discharges of Storm Water Runoff Associated with Construction
Activity, and any subsequent re-issuances thereof. In accordance with said Permit, a
Storm Water Pollution Prevention Plan (SWPPP) and a Monitoring Program Plan shall be
developed and implemented concurrent with the commencement of grading activities.
The SWPPP shall specify both construction and post-construction structural and non-
structural pollution prevention measures. The SWPPP shall also address operation and
maintenance of post-construction pollution prevention measures, including short-term
and long-term funding sources and the party or parties that will be responsible for the
implementation of said measures.
26. A complete and accurate Notice-of-Intent (NOI) must be filed with the SWRCB. A copy
of the acknowledgement from the SWRCB that a NOI has been received for this project
shall be filed with the City of Chula Vista when received. Further, a copy of the
completed NOI from the SWRCB showing the Permit Number For this project shall be
filed with the City of Chula Vista when received.
27. Permanent storm water requirements, including site design, source control, and treatment
control Best Management Practices (BMPs) shall be incorporated into the project design,
and shall be shown on the plans. Any construction and non-structural BMPs
requirements that cannot be shown graphically must be either noted or stapled on the
plans.
28. This project is required to implement Low Impact Development (LID) principles under
current City Standard Urban Stormwater Mitigation Plan (SUSMP) standazds, the City's
Development Storm Water Manual, and as imposed by the New NPDES Municipal
Permit adopted on Januazy 24, 2007 by the Regional Water Quality Control Boazd.
Additional discussion of how required LID principles are incorporated into the project's
design is needed. The County of San Diego Low Impact Development Manual provides
assistance with the selection of vazious design features. The Manual is on the Internet at:
http://www. sdcdplu.org/dplu/Resource/docs/3 ~pdf/LID-H andbook.pdf
29. Adequate number of trash receptacles shall be provided at strategic locations, where
applicable.
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Resolution No. 2009-
Page 11
Exhibit C
DRAFT
30. Where feasible, storm water runoff from parking areas shall be directed to landscaped
areas before discharge to storm drainage systems.
31. Any proposed trash enclosure areas shall be covered and the site graded in such a way as
to prevent run-on into, and run-off from trash enclosure azea.
32. All on-site storm drain inlets and catch basins shall be provided with permanent
stenciling and signage according to City of Chula Vista Standazds to prohibit dumping.
33. Sepazate permits for other public utilities (gas, electric, water, cable, telephone) shall be
required, as necessary.
34. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be
designed to meet ADA and/ or title 24 standards as applicable.
PUBLIC & PRIVATE IMPROVEMENTS:
35. The onsite sewer shall be privately maintained and built to UBC Standards.
36. The Developer shall obtain a Construction Permit from the Engineering Division of the
Development Services Department to perform the following work in the City's right-of-
way prior to approval of the Final Map or Building Permit issuance:
A. Removal and replacement of curb, gutter, and sidewalk per SDRSD G-2, and G-7
along the project's frontage. Sidewalk shall be designed and constructed with proper
transitions to existing conditions.
B. Installation of two driveways (24-foot wide) meeting design standards as shown in
Chula Vista standard detail CVCS-1A.
C. Additional asphalt paving for the replacement of the existing curb, gutter and
sidewalk.
37. Developer shall guarantee prior to approval of the Final Map the construction of the
public improvements deemed necessayy to provide service to the subject subdivision in
accordance with City Standards.
38. All driveways shall conform to the City of Chula Vista's sight distance requirements.
Also, landscaping, street furniture, and signs shall not obstruct the driver's visibility at
the entrances to the site.
39. All sewer laterals shall be privately maintained from each building to the City maintained
public facility.
I:Vtedevelopmeni-Housing\ComciL Boards d Commieamns\CVRC\2 -Staff Rcports\?009\12-10.2909V]8 Broadway\CCRESO-0rafl Exhibit CEinal doc
Resolution No. 2009-
Page 12
MAPPING:
Exhibit C
DRAFT
40. Tie the boundaries of the proposed Final Map to the CA Coordinate System, Zone VI
(NAD 1983).
41. Prior to Final Map, Construction Permit, and Grading Plans approval, the Developer shall
submit duplicate copies of the Final Map, and Grading Plans in a digital format (such as
(DXF) graphic file), on a CD or through an e-mail, based on accurate coordinate
geometry calculations and in accordance with the City Guidelines for Digital Submittal.
Once the digital Final Map is submitted, the City will be able be assign addresses.
42. Prior to Final Map approval, the Developer shall submit a conformed copy of a recorded
tax certificate covering the property.
43. All existing easements 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 supporting
documents for all existing public utility easements and offers of dedication. Developer
shall submit evidence of noticing to all existing public utility easement holders within the
project boundaries as required by the Section 66436 of the Subdivision Map Act.
44. All survey monumentation to be set per the Final Map shall be set and verified prior to
release of the Final Map for recordation. Monumentation may be deferred upon
submittal of a bond, or cash deposit, or instrument of credit, if approved by the City
Engineer (to allow grading and/or construction of improvements adjacent to the
monument) to secure said monumentation. The bond or other guarantee shall be based
on the City Engineer's estimate of the cost of the work. If the setting of the survey
monumentation is deferred, it is expressly understood and agreed that all survey
monumentation will be set within thirty (30) days after the completion of the required
improvements, but prior to their acceptance by the City of Chula Vista.
45. Developer shall grant to the City of Chula Vista on the Final Map a 7.5-foot General
Utility, Tree Planting & Maintenance Easement along Broadway.
46. Developer shall grant to the City of Chula Vista on the Final Map a 20-foot General
Access Easement along the private drive.
47. Developer shall provide evidence of a reciprocal access easement for the driveway to the
south.
CHULA VISTA MUNICIPAL CODE REQUIREMENTS:
48. An Encroachment Permit is required for all structures located within City right-of--way
and easements prior to Building Permit issuance.
]:Viedevelo0mam-housing\Counct~ Boards & Commissions\C V RCl2 -Staff Reports\2009\12-10-2009V J8 Broadway\CCRE80.Drafl Fxhlbil C Final doc
Resolution No. 2009-
Exhibit C
Page 13 DRAFT
49. All utilities serving the subject property and existing utilities located within or adjacent to
the subject property shall be undergrounded in accordance with the Chula Vista
Municipal Code. Further, all new utilities serving the subject property shall be
undergrounded prior to the issuance of Building Permits.
IX. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the Applicant shall execute this document by signing the lines
provided below, said execution indicating that the property owner and Applicant have each
read, understood, and agreed to the conditions contained herein. Upon execution, this
document shall be recorded with the County Recorder of the County of San Diego, at the sole
expense of the property owner and the Applicant, and a signed, stamped copy of this
recorded document within ten days of recordation to the City Clerk shall indicate the
property owner and Applicant's desire that the Project, and the corresponding application for
building permits and/or a business license, be he]d in abeyance without approval. Said
document will also be on file in the City Clerk's Office and known as Document No.
Signature of Applicant
Date
Signature of Property Owner Date
X. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny, or further condition issuance of all future building permits,
deny, revoke, or further condition all certificates of occupancy issued under the authority of
approvals herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation. The Applicant shall be notified ten (10)
days in advance prior to any of the above actions being taken by the City and shall be given
the opportunity to remedy any deficiencies identified by the City within a reasonable and
diligent time frame.
]'VtedevelopmcnFHounlny\COUncil, Boards & Commissions\CV 0.C@ - StaRReports\2009\I2-10-2009\490 Rmadway\CCRE50.DVeft Exhibi~ C final doc
Resolution No. 2009- Exhibit C
Page 14 DRAFT
XL INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in
the event that any one or more terms, provision, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed
to be automatically revoked and of no further force and effect ab initio.
Presented by:
Gary Halbert, AICP, PE
Deputy City Manager/
Director of Development Services
Approved as to form by:
Bart Miesfeld
City Attorney
] \Redevelopmenl-HOUSin6tCounul, Boards & Commiseions\CVRQ2- ssaff Repnns@009\12-10-2tg9V ]A Broadway\CCRE50-D~eH Exhibit C Finaldoc