CC_Agenda_03-20-2023_Item_10 — Calexico City Council, March 20, 2024

AGENDA
ITEM
10 AGENDA
ITEM
CALEXICO California

MEXICO MEET
10 CITY COUNCIL

AGENDA STAFF REPORT
DATE: March 20, 2024
TO: City Council
APPROVED BY: Esperana Colio Warren, ly Mange hum CloWn
PREPARED BY: Francisco Barba, Planning and Building Services Director Mad SUBJECT: Adopt Resolution No. 2024- _Granting a Two-Year Extension with Conditions of Approval for a Vesting Tentative Map for the Subdivision of APN: 059-180-025 into 113 Parcels on an Approximately 18.49 Acre Site within the City of Calexico and finding the Action Exempt from CEQA RECOMMENDATION:

Adopt Resolution No. 2024-_ granting a two-year extension with conditions of approval for a Vesting Tentative Map for the Subdivision of APN: 059-180-025 into 113 parcels on an approximately 18.49-acre site within the City of Calexico and finding the action exempt from CEQA.

BACKGROUND:

In 2020, Alliance Investors, LLC submitted an application for the proposed subdivision of an

18.49-acre parcel located near the corner of Bowker Road and Highway 98 (APN 059-180-025).

The proposed subdivision was presented and approved, subject to conditions of approval, by the City of Calexico City Council and Planning Commission. Unfortunately, due to economic constraints the Applicant was unable to prepare a final subdivision map prior to the two-year recording deadline thus necessitating an extension.

DISCUSSION AND ANALYSIS:

Per Section 16.24.010 of the City of Calexico Code of Ordinances, the time limit for filing a final map may be extended by the City Council for a period not exceeding three years unless permitted by an extension granted to state law or by any development permit extension granted by the City Council by ordinance.

Environmental. On January 19, 2022, the City Council determined that approval of the Vesting Tentative Map, Planned United Development and Conditions of Approval for the project would not have a significant impact on the environment under the California Environmental Quality Act.

Extension of the tentative map would not result in any changes to the project approved in 2022.

FISCAL IMPACT
No fiscal Impact.

COORDINATED WITH
City Manager's Office
Attachments: Attachment A - City Council Resolution
Exhibit A - Vesting Tentative Map
Exhibit B - Conditions of Approval
Attachment A - City Council Resolution
Exhibit A - Vesting Tentative Map
Exhibit B - Conditions of Approval
CITY COUNCIL RESOLUTION NO. 24-—

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALEXICO

APPROVING A TWO-YEAR EXTENSION WITH CONDITIONS OF

APPROVAL FOR A VESTING TENTATIVE MAP FOR THE
SUBDIVISION OF APN: 059-180-025 INTO 113 PARCELS ON AN
APPROXIMATELY 18.49 ACRE SITE WITHIN THE CITY OF

CALEXICO AND FINDING THE ACTION EXEMPT FROM CEQA
WHEREAS, Alliance Investors, LLC (the "Applicant") submitted a Vesting Tentative Map with application to the City of Calexico (the "City") for the proposed subdivision of an approximately 18.49-acre parcel located near the corner of Bowker Road and Highway 98; and WHEREAS, the City Council reviewed and approved a Vesting Tentative Map with conditions of approval and a two year recording deadline which expired on January 19, 2024; and WHEREAS, the Applicant submitted a uniform application requesting an extension of the expired Vesting Tentative Map from the City Council; and WHEREAS, the City Council has reviewed and considered all evidence presented for the Vesting Tentative Map extension attached hereto as Exhibit A during a regularly scheduled meeting on March 20, 2024.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALEXICO HEREBY RESOLVES AS FOLLOWS:

Section 1. The above recitals are true and correct and are incorporated herein by this reference.

Section 2. On January 19, 2022, the City Council determined that approval of the Vesting Tentative Map, Planned United Development and Conditions of Approval for the project would not have a significant impact on the environment under the California Environmental Quality Act.

Extension of the Vesting Tentative Map would not result in any changes to the project approved in 2022.

Section 3. The City Council approves a two-year extension for the Vesting Tentative Map subject to the conditions of approval attached hereto as Exhibit B.

Section 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. -1-
Section 5. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED, AND ADOPTED this 20t* day of March 2024.

Gloria G. Romo, Mayor
ATTEST:

Veronica L. Alvarado, City Clerk
APPROVED AS TO FORM:

Carlos Campos, City Attorney
-2-

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF CALEXICO
I, Veronica L. Alvarado, City Clerk of the City of CALEXICO, DO HEREBY CERTIFY that foregoing Resolution No. 24- _ was duly passed and adopted by the City Council of the City of Calexico at their regular meeting held March 20, 2024, by the following roll call vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Veronica L. Alvarado, City Clerk
-3-
Exhibit A - Vesting Tentative Map
BY:
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TIME:

CITY OF CALEXICO

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TENTATIVE MAP
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APPROVED

DESCAL SECTION
By City Council BOWKER ROAD
JAN 19 2022 NO SCALE

CITY OF CALEXICO

DEVELORMENT SERVICES DEPARTMENT

PLANNING DIVISION

BENCH MARK TENTATIVE MAP
PREPARED UNDER THE DIRECTION OF:

BOWKER 55 RESIDENTIAL
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O9. BATE ALANCE IMESTORS ICE*

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Exhibit B - Conditions of Approval
"Exhibit B"
CC RESOLUTION 24-—

CONDITIONS OF APPROVAL

ALLIANCE INVESTORS, LLC VESTING TENTATIVE MAP EXTENSION APN: 059-180-025

1. The Vesting Tentative Parcel Map UA 2020-11 is extended by the City Council per Resolution 24-_, and subject to the conditions of approval.

2. This Tentative Parcel Map approval shall be effectuated within a period of two years of the City Councils final approval date. 60 days prior to the expiration date the applicant may apply for an extension not to exceed three years.

3. All conditions of approval shall be satisfied by the owner/developer. All costs associated with compliance with the conditions shall be at the owner/developer's expense.

4. Utility Companies: The applicant is responsible for contacting all appropriate utility companies to obtain agreements for extension and/or relocation of services necessary for the proposed development.

5. Fees. It is the responsibility of the owner/developer to contact all outside agencies and pay applicable fees associated with this project.

6. Applicant shall ensure all future homes and/or structures will be built in compliance with the Performance and Development standards outlined within the conditions of approval.

7. This approval does not vest Landowner's rights regarding the payment of any development impact fees, school fees, exactions and dedications, processing fees, inspection fees, plan checking fees or charges, or any other fee or charge that could have been legally imposed by the City when the original application was deemed complete. All fees and charges shall be paid at the rate in effect at the time such fees are customarily due.

8. All ordinances, resolutions, rules, regulations, and official policies governing design, improvement and construction standards and specifications applicable to the project and public Improvements to be constructed by the Developer shall be those in force and effect at the time the applicable plan or permit approval is granted.

9. This approval shall not preclude the application to development of the property of changes in City laws, regulations, plans or policies, the term of which are specifically mandated and required by changes in Local, State, or Federal laws or regulations.

10. This approval is dependent upon and limited to the proposals and plans contained, supporting documents submitted, presentations made to staff, Planning Commission and/or City Council as affirmed to by the applicant. Any variation from these plans, proposals, supporting documents or presentations is subject to review and approval prior to implementation by the Planning and Building Services Director:

11. The applicant shall secure and comply with all applicable federal, state, and local licenses, permits, authorizations, conditions, agreements, and orders prior to or during construction and operation, as appropriate.

12. The applicant shall comply with all regulations and code requirements of the Planning and Building Director, City Engineer, Building Official, Fire Chief, the Police Chief and any other agencies requiring review of the project. If required, these agencies shall be supplied copies of the final maps, site plans, public improvement plans, grading plans, and building plans.

13. Site development plans shall be in substantial conformance to the approved tentative map/site plan and must be submitted, in English units, to the City Engineering Department for review and approval. Maps shall be prepared, wet signed and sealed by a civil engineer, land surveyor, or architect registered in the State of California and licensed to prepare final maps and/or site development plans.

14. The applicant shall take all necessary measures to ensure that his activities or those of his agents do not result in measurable erosion of soils on the site, either wind or water, during the construction and operation of the project covered by this approval.

15. Should the project be found, at any time, not to be in compliance with any of the Conditions of
modified by the Conditions of this Approval, then the terms of this Approval shall be considered to be violated.

Developer agrees to indemnify, hold harmless and defend the City and its officers, agents, employees, and representatives from any and all actions for damages caused or alleged to have been caused by Developer's activities in connection with the Project This Agreement applies to all damages and claims for damages suffered or alleged to have been suffered arising out of or in connection to any and all Project operations, regardless of whether or not the City prepared, supplied or approved plans or specifications or both for the Project.
2 17. All activities undertaken in accordance with this approval shall comply with the City's General Plan and Municipal Code. In cases of conflict between the City's e, to the extent legally permitted, as follows: 1) Municipal Code regulations; 2 Vunicipal Code or map-specific conditions of approval, the governing priority shal project-specific conditions; 3) standard conditions.

18. The developer shall pay all applicable processing fees, permit fees, City development fees, fire fees, school fees, drainage fees, habitat conservation fees and other public entity fees in effect at the time of the issuance of the applicable permit.

19. Approval of this application does not constitute approval of any other entitlement or any other necessary permit, license, orapproval.

20. Landscaping submitted with the improvement plans shall be reviewed and approved by the Planning and Building Services Department.

21. Project development shall adhere to the development standards of the approved Planned Development (PUD 21-01).

22. All improvements shall comply with the City of Calexico Standard Plans and Specifications. Improvement plans shall be submitted to the City Engineer for approval. An encroachment permit is required for all work within the public right-of- Project shall be relocated and placed underground at the Developer's expense.

24. Developer shall dedicate tentatively a ten-foot (10') wide public utility easements on all street frontages for underground facilities and appurtenances, upon approval and recordation of the Final Parcel Map. Any changes to the easement dedication must be submitted to the Planning & Building Services and Public Works Departments of the City of Calexico.

25. During all construction phases, Developer shall comply with City Laws regarding dust control. Developer shall also comply with the Imperial County Air Pollution Control District Regulations (Fugitive Dust Prohibitions) in an effort to reduce the amount of fine particulate matter (PM10) entrained into the ambient air from man- made sources.

26. Prior to the start of construction, all survey monuments that have the possibility of project, shall be located and referenced by a licensed land surveyor and a corner being damaged, destroyed or covered over during the course of construction for this record or record of survey shall be filed with the county surveyor. Survey monuments which are damaged, destroyed or covered over during the course of construction must be re-set at the original location with a new monument and monument box and another corner record or record of survey shall be filed with the county surveyor. All work in this condition shall be done by a licensed land surveyor.

27. Prior to approval of a building permit for development within the Tentative Map area the following shall be submitted by the developer and approved by the Public Works Department:
a. On-site grading and drainage plan,
b. On-site utility (sanitary sewer, water and storm drain) plan, c. Off-site improvement plan,
d. Joint Trench Intent plans,
e. Erosion control plans, and
f. Documentation, as required in the Post-Construction Stormwater Standards Manual. The plans specified in (a), (b) and (c) above shall be prepared by a Registered Civil Engineer. Joint trench plans shall be included in the Improvement Plans and shall be reviewed for conflict identification with other improvements. Joint trench installation shall be per the direction of the City Engineer.

28. All residential address numbers shall be plainly visible from the street fronting the property. Said numbers/letters shall contrast with background.

29. Developer shall enter into an Improvement Agreement for construction of the roadway and utility improvements which will be dedicated to the City. The agreement will require posting a Performance Bond in the amount of one-hundred percent (100%), posting a Labor-Material Bond in the amount of fifty percent (50%), and payment of all required plan check, testing and inspection fees.

30. Submittal and approval of Improvement Plans for roadway and utility improvements which will be dedicated to the City, is precedent to issuance of any building permit for development within the boundary of this map.

31. The Final Parcel Map shall be prepared in accordance with the Subdivision Map Act, City of Calexico and the Imperial County's Guide to the Preparation of Maps.

32. Submit Final Parcel Map to the Planning and Building Services Department for checking, approval and recordation. The Final Map shall be based upon a field survey. Any existing easements affecting this Tentative Parcel Map shall be shown on the Final Parcel Map and shall be referenced to the property lines and corners The Final Map review fee and a title report dated within six months of the Final Map submittal must also be submitted with the Final Map.

33. Applicant shall submit said Final Parcel Map to the Imperial County Surveyor's Office concurrently with submittal to the City for checking. Fees for map checking 4 by the City and Imperial County Surveyor's Office are the responsibility of the Applicant.

34. The Final Parcel Map shall include the following note: This map is drafted in accordance with City of Calexico Tentative Parcel Map No. UA2020-11.

35. The following Improvement Certificate shall be included on the cover of the Final Parcel Map.

36. Developer shall ensure no buildings are constructed across property lines.

37. Developer shall contact the local post office for direction regarding placement of mail receptacles or any other type of mail delivery proposed.

38. Improvements shall be constructed in conformance with the latest version of the City Water Master Plan.

39. Water meters shall be installed at an accessible location within the public utility easement, adjacent to the City's ROW. Piping and appurtenances downstream of the water meter are private and will be maintained by the property owner.

40. Improvements shall be constructed in conformance with the latest edition of the Storm Drain Master Plan and City Standards. This project shall submit calculations, per the City's Storm Drain Master Plan.

41. Project developer shall incorporate appropriate site design measure(s) and submit the results of the Post-Construction Runoff Standards Manual. The City of Calexico approval of the proposed measures is precedent to issuance of any building, grading or construction permits.

42. Project applicant shall develop and submit a Project Stormwater Plan that identifies the methods to be employed to reduce or eliminate stormwater pollutant discharges through the construction, operation and maintenance of source control measures, low impact development design, site design measures. City of Calexico approval of the Project Stormwater Plan is precedent to issuance of any building, grading, or construction permits. Two paper copies and an electronic copy of the Project Stormwater Plan shall be provided to the City of Calexico.

43. Where conflict between standards arises, the standard most-protective to water quality, to public health and safety, and against flooding shall be utilized.

44. Improvements shall be constructed in conformance with the latest version of the City Wastewater Collection System Master Plan and City Standards.

45. Developer shall provide EITHER a minimum of a one hour fire rated wall at the location where any fire separation distance of less than 5 feet occurs in accordance with the requirements of the most recent edition of California Building Code. 5 46. Furthermore, the City of Calexico reserves the right to apply additional conditions of approval if any unforeseen circumstances arise or if the development does not occur within one (1) year of the City Council's approval.

47. Performance and Development Standards for the Planned Unit Development:
a. Density-maximum units per net acre: 1-7 units
b. Net lot area (in square feet): between 2,000 square-feet and 7,000 square-feet. c. Lot depth (in feet): 20 feet
d. Front yard setback: 20 feet to Face of Garage
e. Side yard setback each side (in feet): 3 feet
f. Side yard setback street side (in feet): 3 feet
g. Rear setback: 3 feet
h. Lot coverage, maximum: 60% of parcel
i. Building and structure height (in feet): 35 feet or 2 stories, whichever is less.

PERMITTEE ACKNOWLEDGING RECEIPT AND CONSENT:

The undersigned Owner/Permittee, by execution hereof, agrees to each and every condition of approval outlined above and promises to perform each and every obligation of Owner/Permittee hereunder.

Name of Property Owner/Permittee Date
Signature of Property Owner/Permittee
6 "Exhibit B"
CC RESOLUTION 24-—

CONDITIONS OF APPROVAL

ALLIANCE INVESTORS, LLC VESTING TENTATIVE MAP EXTENSION APN: 059-180-025

1. The Vesting Tentative Parcel Map UA 2020-11 is extended by the City Council per Resolution 24-_, and subject to the conditions of approval.

3. All conditions of approval shall be satisfied by the owner/developer. All costs associated with compliance with the conditions shall be at the owner/developer's expense.

5. Fees. It is the responsibility of the owner/developer to contact all outside agencies and pay applicable fees associated with this project.

6. Applicant shall ensure all future homes and/or structures will be built in compliance with the Performance and Development standards outlined within the conditions of approval.

10. This approval is dependent upon and limited to the proposals and plans contained, supporting documents submitted, presentations made to staff, Planning Commission 1 and/or City Council as affirmed to by the applicant. Any variation from these plans, proposals, supporting documents or presentations is subject to review and approval prior to implementation by the Planning and Building Services Director.

15. Should the project be found, at any time, not to be in compliance with any of the Conditions of Approval, or should the applicant construct or operate this development in any way other than specified in the Application or Supporting documents or presentations to staff, Planning Commission or City Council, as modified by the Conditions of this Approval, then the terms of this Approval shall be considered to be violated.

16. With respect to any claim, action of proceeding against the City, its officials, employees or agents relating to the action or inaction of the City in reviewing, approving or denying entitlements of any type, the Developer agrees to indemnify, hold harmless and defend the City and its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives from any and all claims, costs, and liability for claims of damage, for any property damage or personal injury, including death, which may arise as a result of any negligent acts or omissions by Developer or Developer's contractors, subcontractors, agents, or employees in connection with the construction, improvement, or operation, of the Project.

Developer agrees to indemnify, hold harmless and defend the City and its officers, agents, employees, and representatives from any and all actions for damages caused or alleged to have been caused by Developer's activities in connection with the Project This Agreement applies to all damages and claims for damages suffered or alleged to have been suffered arising out of or in connection to any and all Project operations, regardless of whether or not the City prepared, supplied or approved plans or specifications or both for the Project.
2 17. All activities undertaken in accordance with this approval shall comply with the City's General Plan and Municipal Code. In cases of conflict between the City's Municipal Code or map-specific conditions of approval, the governing priority shall be, to the extent legally permitted, as follows: 1) Municipal Code regulations; 2) project-specific conditions; 3) standard conditions.

19. Approval of this application does not constitute approval of any other entitlement or any other necessary permit, license, orapproval.

20. Landscaping submitted with the improvement plans shall be reviewed and approved by the Planning and Building Services Department.

21. Project development shall adhere to the development standards of the approved Planned Development (PUD 21-01).

23. Developer shall provide easements, requested by the respective utility companies, within the subdivision and shall show said easements on the final subdivision map.

Any existing facilities within or adjacent to the Project that are affected by this Project shall be relocated and placed underground at the Developer's expense.

25. During all construction phases, Developer shall comply with City Laws regarding dust control. Developer shall also comply with the Imperial County Air Pollution amount of fine particulate matter (PM10) entrained into the ambient air from man- Control District Regulations (Fugitive Dust Prohibitions) in an effort to reduce the made sources.

26. Prior to the start of construction, all survey monuments that have the possibility of project, shall be located and referenced by a licensed land surveyor and a corner being damaged, destroyed or covered over during the course of construction for this record or record of survey shall be filed with the county surveyor. Survey monuments which are damaged, destroyed or covered over during the course of construction must be re-set at the original location with a new monument and 3 monument box and another corner record or record of survey shall be filed with the county surveyor. All work in this condition shall be done by a licensed land surveyor.