HomeMy WebLinkAboutReso 2010-014RESOLUTION NO. 2010-014
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
I. RECITALS
A. Project Site
WHEREAS, the pazcel 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 Pazcels 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 a
Secondary Study, IS-09-010 in accordance with the California Environmental Quality Act
(CEQA). Based upon the results of the Secondary 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 prepazed 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 declaration, subsequent
environmental impact report, supplement to environmental impact report, or an addendum to
environmental impact report is not required; and
Resolution No. 2010-014
Page 2
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 heazing, 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
heazing; and
WHEREAS, the CVRC held an advertised public heazing on the Project on December 10,
2009, wherein the CVRC, took public testimony, heard staffs' presentation, and reviewed and
considered the applications for a Tentative Map (PCS-09-02), Design Review Permit (DRC-
09-17) and Planned Sign Program (PSP-09-02); and
WHEREAS, following staffs' presentation and hearing of public comments, the CVRC
considered all evidence and testimony presented and voted 5-0-1-1 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 forwazd to the City Council for their
consideration at a public heazing to be held following the CVRC action; and
F. City Council Record on Applications
WHEREAS, a hearing 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 boundazy of the Project, at least 10 days prior to the hearing; and
WHEREAS, the duly called and noticed public hearing on the Project was held before the
City Council on January 12, 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 regazd
to the same; and
WHEREAS, the City Council reviewed and considered the Secondary Study required
pursuant to PEIR #06-01 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:
II. CHULA VISTA REDEVELOPMENT CORPORATION RECORD
Record of the proceedings of the CVRC at their public hearing on December 10, 2009,
including their vote upon CVRC Resolution No. PCS-09-02 recommending approval,
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.
Resolution No. 2010- 014
Page 3
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 Citys 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 are
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 necessazy public facilities and
services will be available to serve the Project concurrent with the demand for those
services. There aze no public service, facility, or phasing needs created by the Project
that wazrants the prepazation of a Public Facilities Financing Plan, therefore this
requirement is waived.
3. Housine:
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 area of the Urban Core Specific Plan, as it transitions from
predominantly commercial uses into amixed-use azea.
Resolution No. 2010-014
Page 4
4. Growth Mana eg ment:
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 aze 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 standazds
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.
Resolution No. 2010- 014
Page 5
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
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 similaz 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 aze
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
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.
3. 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.
Resolution No. 2010-014
Page 6
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-
17approved 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
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 including issuance of
building permits, deny, or further condition the subsequent approvals that aze 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 are 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
prepared 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.
Resolution No. 2010- 014
Page 7
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 azeas, 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
fee amount in place at the time 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).
Resolution No. 2010-014
Page 8
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
applicant/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 regazd 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 cooperates in 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 loUunit within the subdivision. Restrict access to the
conduit to only those franchised cable television companies who aze, and remain
in compliance with, all of the terms and conditions of the franchise and which aze
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 prepaze 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 Declazation 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 Declazation authorizing the City to
enforce the terms and conditions of the Declazation in the same manner as any
owner within the subdivision.
Resolution No. 2010- 014
Page 9
20. Applicant shall submit CC&R's or like documents, as approved by the City Attorney, to
the City Engineer and Director of Development Services 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 areas
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 dischazges to the public storm water
conveyance system.
22. Applicant 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 Applicant 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. Applicant 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 prepazed 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 mnoff, 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 Stonn 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
notarized letter of permission from the adjacent property owners and labeled on
the grading plans.
Resolution No. 2010-014
Page 10
24. A "Preliminary Water Quality Technical Report for Broadway Condominiums" dated
September 10, 2008, has been prepared 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 Applicant shall submit a
final updated Water Quality Technical Report (WQTR) prepazed 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 Boazd (SWRCB) NPDES General Permit No. CAS000002, Waste Discharge
Requirements for Dischazges 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 stmctural 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) standards, the City's
Development Storm Water Manual, and as imposed by the New NPDES Municipal
Permit adopted on January 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 intemet at:
httn://wwwsdcdplu.org/dplu/Resource/docs/3-ndf/LID-Handbook.pdf
29. Adequate number of trash receptacles shall be provided at strategic locations, where
applicable.
Resolution No. 2010- 014
Page 11
30. Where feasible, storm water runoff from pazking azeas shall be directed to landscaped
azeas 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 area.
32. All on-site storm drain inlets and catch basins shall be provided with permanent
stenciling and signage according to City of Chula Vista Standards to prohibit dumping.
33. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be
required, as necessary.
34. All proposed sidewalks, walkways, pedestrian ramps, and disabled pazking shall be
designed to meet ADA and/ or title 24 standazds as applicable.
PUBLIC & PRIVATE IMPROVEMENTS:
35. The onsite sewer shall be privately maintained and built to UBC standazds.
36. The Applicant 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 standazds as shown in
Chula Vista standard detail CVCS-lA.
C. Additional asphalt paving for the replacement of the existing curb, gutter and
sidewalk.
37. Applicant shall guarantee prior to approval of the Final Map the construction of the
public improvements deemed necessary to provide service to the subject subdivision in
accordance with City standazds.
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.
Resolution No. 2010-014
Page 12
MAPPING:
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 Applicant 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 Applicant 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 sixty
(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. Applicant 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. Applicant shall grant to the City of Chula Vista on the Final Map a 20-foot General
Access Easement along the private drive.
47. Applicant 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.
Resolution No. 2010- 014
Page 13
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.
1X.
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 held in abeyance without approval. Said
document will also be on file in the City Clerk's Office and known.
X.
i t Ap
ture of Pr ert caner
Date
~ r~r ~~ 2~/v
Date
CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny, or further condition issuance of all future building permits,
deny, revoke, or further condition all certificates of occupancy issued under the authority of
approvals herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation. The Applicant shall be notified ten (10)
days in advance prior to any of the above actions being taken by the City and shall be given
the opportunity to remedy any deficiencies identified by the City within a reasonable and
diligent time frame.
XI.
INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this~Resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in
the event that any one or more terms, provision, or conditions aze 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.
Resolution No. 2010-014
Page 14
Presented by
(t
Gary Halbe~, P.E ; AIC1~" ~
Deputy Ci¢ Manager/
Director of Development Services
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 12th day of January 2010 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, Thompson
and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
~~
Cheryl Cox, Ma r
ATTEST:
~~.~ ~~~
Donna R. Norns, CMC, Crty Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2010-014 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 12th day of January 2010.
Executed this 12th day of January 2010.
Donna R. Norris, CMC, City Clerk
Approved as to form by