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HomeMy WebLinkAboutReso 2013-104RESOLUTION N0.2013-104 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN REVIEW PERMIT (DRC 12-OS) FOR A PROPOSED MIXED USE PROJECT CONSISTING OF 108 UNITS AND 10,000 SQUARE-FEET OF RETAIL COMMERCIAL USE ON A 2.97 ACRE SITE LOCATED ON THE SOUTH SIDE OF EAST PALOMAR STREET BETWEEN VIEW PARK WAY AND MAGDALENA AVENUE L RECITALS A. Project Site WHEREAS, the azea of land which is the subject of this Resolution is diagrammatically represented in Exhibit A attached and incorporated into this Resolution, and commonly known as Mazquis II, and for the purpose of general description herein consists of 2.97 acres ("Project Site"); and B. Project; Application for Discretionary Approvals WHEREAS, a duly verified application was filed with the City of Chula Vista Development Services Department on December 6, 2011 by Oakwood Development ("Applicant"), requesting approval of a new mixed use project for the Project Site ("Project"); and C. Environmental Determination WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Quality Act (CEQA) and has determined that the project was covered in a previously adopted Mitigated Negative Declaration (IS 04-03) for the Village Six Mixed-Use Project. The Development Services Director has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the prepazation of subsequent documents have occurred; therefore, the Development Services Director has prepared an Addendum (IS 11-004) to this document; and D. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 500 feet of the exterior boundaries of the Project Site at least ten (10) days prior to the hearing; and Resolution No. 2013-104 Page No. 2 WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on June 4, 2013 in the Council Chambers in the City Hall, Chula Vista, Civic Center, 276 Fourth Avenue, at 2:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it finds, determines, and resolves as follows: II. DESIGN REVIEW FINDINGS /APPROVAL A. THAT THE PROPOSED DEVELOPMENT, AS CONDITIONED, IS CONSISTENT WITH THE VILLAGE SIX PLANNED COMMUNITY DISTRICT REGULATIONS AND THE VILLAGE SIX CORE MASTER PRECISE PLAN. With the exception of pazking and open space, Section II. 3.4.5. of the PC District Regulations (Regulations) specifies that the property development standazds that shall apply to all land and buildings permitted in the Village Core Districts shall be those indicated on an approved Design Review Application. The project will be providing a total of 262 parking spaces (covered, open and on-street) which exceeds the requirement to provide a total of 258 spaces. Because, the regulations aze silent on open space requirements for mixed-use, the established common practice has been to use the most closely associated multi-family (RM-2) regulations. Per section, II. 3.3.4.(G) multi-family units with 2 bedrooms require 80-squaze feet of private open space, and multi-family units with 3 or more bedrooms require 100-squaze feet of private open space (for a total 8,820 square feet required.) In addition, section II. 3.3.4.(C) of the Village Six SPA requires a minimum of 200 squaze feet of common usable open space per unit (for a total of 21,600 squaze feet required.) The applicant is providing a total of 12,000 squaze feet of private open space in the form of second floor decks. This exceeds the amount of required private open space by 3,180 square feet. Additionally, the applicant is providing 9,535 square feet of common usable open space, which is 12,065 squaze feet less than the minimum requirement based upon applying the RM-2 standard. The applicant is requesting, and staff supports the proposed reduction in common usable open space requirement which findings are discussed in the accompanying Resolution for the GDP/SPA amendment. Additional required site plan elements aze included in the Village Six Master Precise Plan approved by the Chula Vista Design Review on September 16, 2002, and the project is in compliance with most of these. Resolution No. 2013-104 Page No. 3 As stated in the Precise Plan, the most stringent application of these standazds should be applied to the project design facing East Palomar Street, which will contain the highest level of pedestrian activities. In addition, the Precise Plan does indicate that should refinements or adjustments be required to the provisions contained therein, the City Council (acting in place of the Design Review Committee) may consider such requests with which staff is in agreement. In the spirit of the design guideline's provision that the standards should be applied along East Palomaz in the most stringent manner, the applicant has not requested any refinements along this frontage. Requested refinements include the following: 1) Refinement of the requirement of a village landmark building and central plaza azea containing a minimum of 3,000 squaze feet with minimum width of sixty feet provided along East Palomaz Street. Instead of a sixty-foot wide central plaza being provided with a single landmazk building, the applicant is proposing a 40-foot wide central plaza that extends through the project site, connecting East Palomaz Street to Santa Venetia Pazk. As noted previously, this plaza contains approximately 12,800 square feet, and has been amenitized to function as CPF space. Instead of a single "landmazk" building, landmazk features are the two main 1.5 story corners which flank the central plaza. 2) Adjustment to the parking setback off of View Park Way and Magdalena Avenue ranging from 12 to 24 feet. While the applicant is able to comply with the requirement to provide pazking in the rear of the buildings facing East Palomar Street, the existing site constraints along with the resultant design, necessitates providing driveway access off of View Pazk Way and Magdalena Avenue. On site pazking spaces aze typically provided beginning just inside the driveway entrance, as is the case here. As a result, the applicant is proposing a setback of 7.5 feet for covered and 10 feet for open parking azeas from these two streets. 3) Refinement of the requirement that the storefronts incorporate display windows, with a minimum of 70% glass. The current design calculates at approximately 50% glazing which is appropriate for the European Style architecture proposed for the project. Historical buildings, which this style tries to mimic, were not typically 70% glass. That requirement is more appropriate for conventional retail, not mixed-use projects that are blending styles with a residential community. It should be noted that the percentage of glazing on the existing Mazquis I - Live/Work building is 30%, which is well below the 50% now being requested by the applicant. B. THE DESIGN FEATURES OF THE PROPOSED DEVELOPMENT ARE CONSISTENT WITH, AND ARE A COST EFFECTIVE METHOD OF SATISFYING THE VILLAGE CORE CONCEPT OF THE VILLAGE DESIGN PLAN, MASTER PRECISE PLAN AND THE CITY OF CHULA VISTA DESIGN MANUAL AND LANDSCAPE MANUAL Resolution No. 2013-104 Page No. 4 The project will comply with the design objectives outlined in the Main Street District section and accompanying design review checklist contained in the Precise Plan. The proposed azchitecture for Mazquis II complies with the requirements stated in the Master Precise Plan by keeping to the European Country azchitectural style. This is accomplished by providing key elements, such as steeped pitched hip roofs with flat concrete tiles, brick, stone and stucco. Stone & Brick has been used to mazk key locations and focal points at the ground level. The two buildings aze oriented so the azchitectural elements provide indoor and outdoor spaces, creating pedestrian nodes, which encourage public-gathering. At these gathering locations, the scale of the building relates to the pedestrian by providing one story elements that help break up the overall massing and scale of the building. Outdoor refuse and mechanical equipment have all been completely screened and located out of al] pedestrian nodes. This has been accomplished by creating interior trash enclosures and mechanical wells. The materials and colors of Marquis II aze in compliance with Exhibit 12 ("Main Street District Building Materials and Finishes") of the Master Precise Plan. The project incorporates flat concrete the roofing that is a mixture of rich colors that create the sense of rough, weathered and a randomly laid aesthetic. The wall materials consist of two colors of stone veneer matched to the adjacent project, stucco with a smooth hand-troweled finish or brick that is comprised of rich dazk colors. A vaziety of windows have been provided that include multi-paned, azched, squaze, recessed, storefront systems, fixed and operable. Additional elements have also been included such as awnings, shutters and metal flower boxes which allow for the use of accent colors. The implementation of these elements allow for a cohesive project that relate to the surrounding community. III. APPROVAL OF DESIGN REVIEW PERMIT Based on the findings above, the City Council approves the Design Review Permit subject to the conditions set forth below: A. The following shall be accomplished to the satisfaction of the City, prior to issuance of the first building permit, unless otherwise specified. Planning: 1. Prior to, or in conjunction with the submittal of plans for the building permit, pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ-1677. 2. The colors and materials specified on the building plans must be consistent with the colors and materials shown on the site plan and materials board approved by the City Council on June 4, 2013, or as subsequently modified per their direction. Resolution No. 2013-104 Page No. 5 3. Concurrent with building permit submittals, the Applicant shall provide detailed landscape and irrigation plans prepared by a registered landscape architect for review and approval by the Director of Development Services or designee. Said plans shall be prepazed in accordance with Landscape Manual and the CVMC requirements including Chapter 20.12, the Chula Vista Landscape Water Conservation Ordinance. Plans shall include a "Concept Design Statement" that references the Chula Vista Landscape Water Conservation Ordinance. Prior to the issuance of the improvement plan, the applicant shall specify "cool" paving for the parking stall paving at the open on-site parking lots to the satisfaction of the Director of Development Services or designee. 5. Obtain the following permits for areas of off-site improvements within the Santa Venetia Park: a. A letter of permission to work offsite from the City of Chula Vista. b. An encroachment permit. c. A maintenance agreement for the HOA to maintain off-site improvements. d. Approved L & I plans for the improvements, including all reinstatement to the park, accompanied with a cash bond for the off-site improvement portion of the work 6. Concurrent with building permit submittal, provide a detailed open space exhibit and accompanying landscape plans that clarify the construction details for each of the open space azeas identified on said exhibit. Said exhibit and plans shall be in substantial accord with those approved by City Council on June 4, 2013. All ground mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City. 8. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted for any building and wall plans and shall be reviewed and approved by the Director of Development Services prior to the issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 of the CVMC regarding graffiti control. 9. The Applicant shall develop, submit and obtain approval of the "Recycling and Solid Waste Management Plan" by the City's Conservation Coordinator. The 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 the Municipal Code, including but not limited to Sections 8.24 and 8.25, and 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. The Plan shall include a statement of how the Applicant will implement and participate in the Recycling and Solid Waste Management Plan requirements and how yazd waste will be diverted. The proposed trash enclosures shall be designed with appropriate screening. Resolution No. 2013-104 Page No. 6 10. The Applicant shall implement to the satisfaction of the Development Services Director and the City Engineer all applicable mitigation measures identified in the Mitigated Negative Declazation (IS-04-035), and associated Mitigation Monitoring and Reporting Program. 11. Per Section 19.09.060(J) of the Chula Vista Municipal Code, the Applicant shall enter into an agreement with the City that will provide funding to the City for years two through eleven based upon the Fiscal Impact Analysis prepared for the project which indicates how expenditures generated by the Project exceed projected revenues during this time period. The amount paid shall be the net difference between the deficit generated by the previously approved project and that currently being proposed. 12. The applicant shall work with the City to provide signing and green curb for parking along East Palomaz Street. However, if it is determined that such signing of spaces is not adequate to alleviate the problem of long-term parking by residents or others (based upon complaints received by the City) the item would come back to the City Council for their consideration of installation of pazking meters. Land Development Engineerine 13. Applicant shall pay the following fees: a. Sewer Capacity Fees b. Traffic Signal Fees c. Development Impact Fees per Master Fee Schedule 14. The applicant shall update the 2009 Poggi DIF study. 15. Applicant shall upload copies of the Street Improvement Plan, Grading Plan, Final Map and Site Improvement Plan in digital format such as AutoCAD DWG or DXF (AutoCAD version 2000 or above), ESRI GIS shapefile, file, or personal geodatabase (ArcGIS version 9.0 or above). The files should be transmitted directly to the GIS section using the city's digital submittal file upload website at http://www.chulavistaca.gov/goto/GIS. The data upload site only accepts zip formatted files. 16. Applicant shall obtain an approval by the City of Chula Vista, of an encroachment permit for all temporary improvements (such as fence, asphalt ramps, signs, etc.) located in street right of way, city easements or City owned Open Space Lots. 17. Applicant shall pay the current Park Acquisition and Development (PAD) fee per dwelling unit in accordance with CVMC 17.10.100. 18. Applicant shall obtain a Land Development Permit in accordance with Municipal Code Title 15.05. Applicant shall submit Grading Plans in conformance with the City's Subdivision Manual and the City's Development Storm Water Manual requirements, including, but not limited to the following: Resolution No. 2013-104 Page No. 7 a. Grading Plans shall be prepared by a registered Civil Engineer and approved by the City Engineer. b. Drainage Study and GeotechnicaUSoils Investigations are required with the first submittal of Grading Plans. The Drainage Study shall calculate the Pre- Development and Post-Development flows and show how downstream properties and storm drain facilities are impacted. Design shall incorporate detention of storm water runoff if Post-Development flows exceed Pre-Development flows; analysis shall include flows from 2 yr, 10 yr, and 50 yr return frequency storms. c. Drainage study shall also demonstrate that no property damage will occur during the 100-year storm event. d. All onsite drainage facilities shall be private. e. Any offsite work will require Letters of Permission from the property owner(s). 19. Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement to perpetually maintain private BMP's located within the project . 20. Applicant shall obtain an approval by the City of Chula Vista, of an encroachment permit for all temporary improvements (such as fence, asphalt ramps, signs, etc.) located in street right of way, City easements or City owned Open Space Lots. 21. Applicant shall submit Improvement Plans in conformance with the City's Subdivision Manual and a Construction Permit will be required prior to issuance of any Building Permits. The Improvement Plan shall include but not be limited to: a. Removal and replacement of any broken or damaged curb, gutter, and sidewalk per SDRSD G-2, and G-7 along the project's frontage to the satisfaction of the City Engineer. Sidewalks shall be designed and constructed with proper transitions to existing conditions. b. Additional asphalt paving for the replacement of the existing curb, gutter and sidewalk. c. Removal and replacement of existing pedestrian ramp on the comer of East Palomaz Street and Magdalena Avenue and View Pazk Way per Chula Vista Construction Standard CVCS-25. Current pedestrian ramp shall be replaced, if it does not meet the City of Chula Vista Design Standazds/ADA Standazds, or if existing pedestrian ramp is cracked or broken. d. Installation of 4 driveway(s) meeting design standards as shown in Chula Vista standard detail CVCS-1B. Dedication of R/W as needed in order for driveway to comply with American Disability Act (ADA) requirements. e. Utilities Trenching and Restoration per CVCS-3 & 4. 22. Prior to first submittal of grading plans, Applicant shall provide 2 copies of the following technical reports with the 1st submittal of grading plans: a. Drainage Study b. Water Quality Technical Report (WQTR) c. Geotechnical Report Resolution No. 2013-104 Page No. 8 Building: 23. Plans shall comply with Title 24 and 2010 California Building Code (CBC), California Mechanical Code (CMC), California Plumbing Code (CPC), California Electric Code (CEC), California Green Building Standards Code (CalGreen) and 2008 California Energy Code. Fire: 24. Comply with all requirements of the Chula Vista Fire Department including the following: a) Indicate how the Project will provide a fire flow of 8,000 gallons per minute fora 4-hour duration; show construction type and squaze footage of enclosed pazking gazage based on Table 503; 3) provide a water flow letter indicating the required fire flow is available to serve this project; 4) 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 demand sprinkler riser; 5) provide fire hydrant plan showing a minimum of 8 hydrants with spacing no greater than 300 feet apart; 6) provide two Knox appliances to the buildings; 7) address the buildings in accordance with lettering size criteria provided by the Fire Department; and 8) protect the Project throughout by an approved automatic fire sprinkler and fire alarm system. B. The following on-going conditions shall apply to the property as long as it relies on this approval: 25. This permit shall become null and void and if not used or extended in accordance with Section 19.14.600 of the Municipal Code. 26. All landscape and handscape improvements shall be installed and maintained in accordance with the approved landscape plan. 27. Applicant shall remain in compliance with all applicable conditions of approval for Tentative Map No 02-05. 28. Applicant shall remain in compliance with all requirements of State Water Resources Control Boazd (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 construction structural and non-structural pollution prevention measures. Resolution No. 2013-104 Page No. 9 29. Approval of this request shall not waive compliance with all sections of Title 19 of the Municipal Code, and other applicable City Ordinances in effect at the time of building permit issuance. 30. The Property Owner and 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 Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Design Review Permit where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. This condition may be modified by the Zoning Administrator subject to input from the City Attorney. 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 resolution and signing both this original letter and the true copy on the lines provided below, said execution indicating that the ApplicanURepresentative 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 Manager in the Development Services 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, beheld in abeyance Without approval. ~- ~ -z- l3 Owner Carl Renezeder Date ~' ~- ' 7 der Date Resolution No. 2013-104 Page No. 10 IV. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to the their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, instituted and prosecute litigate or compel their compliance or seek damages for their violations. No vested rights are gained by Applicant or successor in interest by the City approval of this Resolution. V. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon enforceability of each and every term provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its sole discretion, this resolution shall be deemed to be revoked and not further in force or in effect ab initio. Assistant Ci~'y Manager/Director of Development Services Approved as to form by ~~ Glen R. oogins ey Presented by Resolution No. 2013-104 Page No. 11 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 4th day of June 2013 by the following vote: AYES: Councilmembers: Aguilaz, Bensoussan, Ramirez, Salas and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None J d Cheryl Cox l2ayor ATTEST: Donna R. Norris, C ,City 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. 2013-104 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 4th day of June 2013. Executed this 4th day of June 2013 Donna R. Norris, CM ,City Clerk LOCATOR MAP Resolution No. 2013-104 Page No. 12 EXHIBIT A: