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HomeMy WebLinkAboutDRC 2006-63 RESOLUTION NO. DRC-06-6.3 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT, DRC-06-63 TO CONSTRUCT TWO RETAIL BUILDINGS AT 260 BONITA ROAD WITHIN THE BONITA GATEWAY SPECIFIC PLAN. APPLICANT: JOSE ANTONIO GONZALEZ/BONITA LLC WHEREAS, on May 12, 2006, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Planning and Building Department by Jose Antonio Gonzalez/Bonita LLC ("Applicant"); and j WHEREAS, the application requests approval of a Design Review Permit to allow construction of two retail buildings ("Project"); and WHEREAS, the area of land which is the subject of this Resolution is an existing vacant parcel located at 260 Bonita Road within the Bonita Gateway Specific Plan ("Project Site"); and i WHEREAS, The Environmental Review Coordinator has reviewed the proposed project I for compliance with the California Environmental Quality Act (CEQA) and has conducted an 1 Initial Study, IS-06-025 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a ~ point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-06-025; and WHEREAS, the Director of Planning and Building set the time and place for a hearing on the Design Review Permit application, and notice of the hearing, together with it 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 10 days prior to the hearing; and i WHEREAS, the hearing was held at the time and place as advertised, namely October 20, 2008 at 4:30 p m in the Council Chambers, 276 Fourth Avenue, before the Design Review I Board and the hearing was thereafter closed; and WHEREAS, after considering all reports, evidence and testimony presented at the public hearing with respect to the Project, the Design Review Board voted 4-0-0-1 to approve the I Project WHEREAS, on October .31, 2008, a duly verified application for a Design Review Permit Appeal was filed with the City of Chula Vista Planning and Building Department by Bonita Gateway LLC ("Applicant"); and Page 2 ' November 19, 2008 WHEREAS, the hearing was held at the time and place as advertised, namely November 19, 2008 at 6:00 p m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed; and NOW, IHEREFORE, BE II RESOLVED by the Planning Commission of the City of Chula Vista that it finds that, in the exercise of its independent judgment, as set forth in the record of this proceeding, the Mitigated Negative Declaration and Mitigation Monitoring and 'I Reporting Program (IS-06-025), which is on file in the Planning and Building Department has ' been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), and the Environmental Review Procedures of the City of Chula Vista; and that the ' Project's environmental impacts will be mitigated by adopting of the Mitigation Measures described in the Mitigated Negative Declaration, and contained in the Mitigation Monitoring and Reporting Program, and that the Mitigation Monitoring and Reporting Program is designed to ensure that during Project implementation, the Owner and/or Applicant and any other I responsible parties implement the project components and comply with the Mitigation Monitoring Program BE II FURIHER RESOLVED THAI IHE PLANNING COMMISSION, approve the Design Review Permit, affirming the Design Review Committee decision, subject to the following conditions: j I The following shall be accomplished to the satisfaction of the City, prior to issuance of building permits, unless otherwise specified: Planning and Building Department: 1, the site shall be developed and maintained in accordance with the approved plans, which include site plans, floor plans, and elevation plans on file in the Planning Department, the conditions contained herein, and Iitle 19 2 Prior to, or in conjrmction with the issuance of the first building permit, pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ-1338 3 Approval of this Design Review Permit is contingent upon approval of the variance application, ZAV-08-04 by the Zoning Administrator 4 Applicant shall implement, to the satisfaction of both the Planning and Building I Department and the City Engineering Department, the mitigation measures identified in the Mitigated Negative Declaration (IS-06-025) and Mitigation Monitoring and Reporting Program, 5 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 Design Review Committee on October 20, 2008. Page 3 November 19, 2008 6 A "Do Not Exit" sign for vehicular traffic shall be provided at the driveway approach along Bonita Road, All signs on site shall comply with applicable requirements of the Bonita Gateway Specific Plan, Chula Vista Municipal Code, and the Planned Sign Program for the project. 7 Prior to the building permit approval, the Applicant shall demonstrate on the project plans that all walls within the front yard setback shall not exceed 3 Yz feet in height. 8 A graffiti resistant treatment shall be specified and applied to 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 Planning & Building prior to the issuance of building permits, Additionally, the project shall conform to Sections 9,20,055 and 9,20..035 of the CVMC regarding graffiti control. 9 All exterior lighting shall include shielding to remove any glare from adjacent residents Details for said lighting and a photometric study shall be included in the architechiral plans and shall be reviewed and approved to the satisfaction of the Director of Planning and Building, prior to the issuance of the initial building permit 10 All roof appurtenances, including air conditioners and other roof mounted equipment I and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Director of Planning and Building.. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning and Building Director I 11 the Applicant shall remove the white painted wood fence located along the west property line and along Bonita Road adjacent to the driveway. In addition, the white i painted wood fence located in front of Building B shall be removed and replaced with a seating wall to the satisfaction of the Planning and Building Director. Engineering Department: 12 The project will be required to construct improvements in accordance with City requirements, including curb, gutter, and sidewalk, along that portion of the frontage on Plaza Bonita Road that lies within the City of Chula Vista boundary. 13 the Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement to perpetually maintdin private BMP's located within the project prior to i issuance of any Grading or Building Permits, whichever occurs first 14, 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 drmzping Page 4 November 19, 2008 15 All driveways shall conform to the City of Chula Vista's sight distance requirements. Landscaping, street furniture, and signs shall not obstruct driver visibility at street intersections or driveways, 16 All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be designed to meet the City of Chula Vista Design Standards, ADA Standards, and Iitle 24 standards, as applicable, 17 Any private facilities (if applicable) within ROW or the City's easement will require an Encroachment Permit prior to Public Improvement Plan or Building Permit approval. 18 All fees including but not limited to the following, will be required based on the final building plans submitted: a. Sewer Connection and Capacities fees; and f b Traffic Signal Fees c. IDIF 19 Additional deposits and fees in accordance with the City Subdivision Manual, and Master Fee Schedule will be required fox the submittal of any of the following items: , a. Grading Plans b Public Improvement Plans c Construction Permit Application GRADING REQUIREMENTS 20, Developer must obtain a Land Development Permit prior to beginning any earthwork activities at the site and before issuance of Building Permits in accordance with Grading Ordinance No. 1797. Developer shall submit Grading Plans in conformance with the City's Subdivision Manual and 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 are 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 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. Grading Plans shall conform to the City Storm Water Management requirements and City's Development Storm Water Manual d All onsite drainage facilities shall be private. Page 5 November 19.2008 e Any offsite work will require Letters of Permission from the property owner(s) 21, Developer shall submit one final Water Quality Iechnical Report ("WQIR") prepared, signed and stamped by a registered civil engineer the WQIR must be reviewed and approved by the City Engineer prior to issuance of a Grading Permit or issuance of Building Permits, whichever occurs first. PUBLIC IMPROVEMENTS 22, Public 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 Public Improvement Plans shall include but not be limited to: a Installation of driveways meeting design standards as shown in Chula Vista Construction Standard detail CVCS-lA b Construction of curb, gutter; and sidewalk per San Diego Regional Standard ~ Drawing SDRSD G-2, and G-7 along that portion of the project's frontage on Plaza Bonita Road that lies within the City of Chula Vista boundary. a Sewer; storm drain, and other utility connections to public systems. d All utilities servin the ro osed ro'ect shall be under r g p p p .J ound g 23 the construction and completion of all improvements shall be secured in accordance with Section 18 16.220 of the Municipal Code j 24 Separate permits for other public utilities (gas, electric, water; cable, telephone) shall be required, as necessary.. 25 Any improvements in the right-of--way beyond the project limits shall be designed and constructed as to not interfere with adjacent businesses, and shall be approved by the City Engineer.. CC&R's: a 26 Prior to the approval of the building permit, the applicant shall provide the Conditions, Covenants & Restrictions Agreement (CC&R's) or similar document providing evidence of a budget and a maintenance program far all private utility systems on site including private water quality facilities, storm drain, storm water BMPs, and sewer pipes and laterals. 27 the Applicant acknowledges that there are two existing easements on the applicant's property which provide driveway access (ingress only) from Bonita Road and driveway access (ingress and egress) from Plaza Bonita Road, These easements serve both the project site and the adjacent property which is also covered by the BGSP the easements provide reciprocal access and circulation among the project site and the adjacent property. the Applicant shall ensure that the easements remain in place so long as the two parcels covered by the BGSP are under separate ownership. Page 6 November 19, 2008 Furthermore, the Applicant agrees that the CC&Rs shall also require the Applicant to maintain the reciprocal access and circulation areas. 28 Provide information of maintenance responsibility for slopes and parkways on the applicant's property, MISCELLANIOUS RFQUIREMENIS: 29 Applicant shall provide drainage easements for any access rights or runoff' crossing property lines between the existing commercial facility and the proposed project, 30 Project shall comply with Chula Vista Municipal Code Chapter 18 54, Floodplain ; Regulations i Fire Department: UNDERGROUND FIRE SERVICE UIILIIIES: 31 Ihis project will require a fire flow of 2,250 gallons per minute fora 2-hour duration (at 20psi), i 32 Provide a water flow letter from the applicable water agency having jurisdiction indicating that the above-mentioned fire flow is available to serve this project.. 33 Provide a water supply analysis (technical report) to the Chula Vista Fire Department for review and approval Ihis 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 spxirilcler demand is available at the most demanding sprinkler risen.. 1 34 Provide a fire hydrant only exhibit, as part of this submittal, All others utility layers shall be turned-off leaving just the underground fire service utilities, FIRE DEPARIMENI ACCESS: 35 Fire Lane/Signs shall be placed around the entire complex. 36 the tree in the planter off of Bonita Road is in the driveway and must be maintained with a high canopy for access. 37 Buildings shall be provided with two Knox appliances. • Provide a Knox Vault at the main entrance to the building • Provide a Knox Box at the Fire Control Room Page 7 November 19, 2008 38, the building(s) shall be addressed in accordance with the following criteria: • 0 - SOft from the building to the face of the curb = 6-inches in height with a 1-inch stroke • 51 - 150ft from the building to the face of the curb = 10-inches in height with a 1 %z -inch stroke • 151ft from the building to the face of the curb = 16-inches in height with a 2- inch stroke REQUIREMENIS FOR NEW CONSIRUCIION: 39 the Chula Vista Fire Dept will require the following prior to delivery of combustible ` materials on any construction site. • Water Supply • Access 40, Prior to occupancy, project shall provide Fire extinguishers around the complex in every tenant space I 1 II the following on-going conditions shall apply to the property as long as it relies on this approval, 41 All landscaping and hardscape improvements shall be installed and maintained in accordance with the approved landscape plan. 42 Approval of this request shall not waive compliance with all sections of Iitle 19 of the Municipal Code, and all other applicable City Ordinances in effect at the time of ~ building permit issuance. 43 the Applicant shall and does 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 attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from: (a) City's approval of this Notice of Decision; (b) City's approval or issuance of any other permit to the applicant, or action in connection with the project; and (c) Applicant's installation and operation of the project, including without limitation, any and all liabilities arising from the emission by the project of electromagnetic fields or other energy waves or emissions Applicant shall acknowledge its agreement with this provision by executing a copy of this Notice of Decision where indicated below. Applicant's compliance with this provision is an express condition of this Notice of Decision and this provision shall be binding on any and all of Applicant's successors and assigns. Page 8 November 19, 2008 44 The property owner and the Applicant shall execute this document by making a true copy of this Notice of Decision and signing both this original notice and the copy on the lines provided below, said execution indicating that the property owner and ' Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, the true copy with original signatures shall be returned to the Planning Department. Failure to return the signed true copy of this document prior to submittal for building permits to the Planning Department shall indicate the property owner/applicant'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 Date i Signature of Authorized Representative Date IV.. 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. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. V. INVALIDITY; AUTOMATIC REVOCATION i It is the intention of the Planning Commission 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, provisions or conditions are ~I determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect Page 9 November 19, 2008 PASSED AND APPROVED BY IHE PLANNING COMMISSION OF IHE CIIY OF CHULA VISIA, CALIFORNIA, this 19th day of November; 2008, by the following vote, to-wit AYES: Moctezuma, Vinson, Spethman, Tripp, Clayton, Bensoussan NOES: ABSIAIN: ABSENI: Felber Wi ram C, rpp, Ch i1 V U Planning Commission I Approved As To Form: ~ ~ % ~ 'lf ar,; alb~j•t ^Barf,iGlie~ell Dixectar o~Planning and Building ~t~i-im City Attorney i AIIESI: ~i ~_.dy~ i Diana Vargas ' Secretary to the Planni g Commission i