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HomeMy WebLinkAboutDRC 2013-06RESOLUTION NO. DRC -13 -06 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT, DRC -13 -06 TO CONSTRUCT A MIXED USE PROJECT CONSISTING OF A 33 -UNIT MULTI - FAMILY APARTMENT PROJECT AND 1,253 SQUARE FEET OF OFFICE SPACE ON APPROXIMATELY 0.5 ACRES LOCATED IN THE V -3 (WEST VILLAGE) DISTRICT OF THE URBAN CORE SPECIFIC PLAN. APPLICANT: WAKELAND HOUSING AND DEVELOPMENT CORPORATION WHEREAS, on March 19, 2013, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by Wakeland Housing and Development Corporation ( "Applicant "); and WHEREAS, the application requests approval of a Design Review Permit to allow construction of a 33 -unit multi - family apartment project and 1,253 square feet of office space on approximately 0.5 acres ( "Project "); and WHEREAS, the area of land which is the subject of this Resolution is an existing parcel located in the V -3 (West Village) district of the Urban Core Specific Plan ( "UCSP ") ( "Project Site "); and WHEREAS, staff has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA). Pursuant to the previously adopted Final Environmental Impact Report, EIR 06 -01, for the Urban Core Specific Plan, a secondary study was prepared for the project. Based on the secondary study, the Project will be covered under the previous EIR 06 -01. Thus no further environmental review or documentation is necessary; and WHEREAS, the Director of Development Services 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 WHEREAS, the hearing was held at the time and place as advertised, namely June 26, 2013 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chula Vista that it makes the following findings: A. That the proposed project is consistent with the development regulations of the Village V -3 (West Village) district of the Urban Core Specific Plan Regulations. Resolution DRC -13 -06 June 26, 2013 Page 2 With the exception of a deviation to the maximum allowable lot coverage, the Project is consistent with the development regulations of the UCSP V -3 district. Due to the incorporation of the parking structure into the project and the applicant's desire to maximize the number of affordable housing units, the applicant has requested a development exception in the maximum allowable lot coverage of 90% to 98 %. Chapter VI.I of the UCSP specifies that exceptions to the land use and development regulations may be authorized if certain findings are made, as identified below. 1. The proposed development will not adversely affect the goals and objectives of the Specific Plan and General Plan. The goals and objectives of the Specific Plan and General Plan are not adversely affected by a development exception in lot coverage. The deviation from lot coverage is being mitigated with the use of architectural relief and articulation. The building will also feature articulated walls, color variety, different finish textures and stepped facades to maintain proper scale with its surroundings. Exterior building plane are offset both vertically and horizontally along the site perimeter. An upper level plaza reduces the interior mass of the development with an active common area, which overlooks the street and separates building mass. Sidewalk planters and awnings help reduce building massing to a human -scale and 12 foot wide sidewalks along Landis Avenue and 5 to 10 foot wide sidewalks along Davidson Street provide an enhanced pedestrian experience, adhering to the UCSP goals for pedestrian orientation. 2. The proposed development will comply with all other regulations of the Specific Plan. No other deviations from the UCSP regulations are being requested. 3. The proposed development will incorporate one or more of the Urban Amenities Incentives in section F - Urban Amenities Requirements and Incentives, of this chapter. The proposed development will provide "Urban Amenity Incentives" of both Streetscape Improvements, with new sidewalk and landscape and Affordable Housing, providing affordable housing opportunities to 33 households. 4. The exception or exceptions are appropriate for this location and will result in a better design or greater public benefit than could be achieved through strict conformance with the Specific Plan development regulations. The exception of lot coverage is appropriate in the Village District and will result in a better design providing a more pedestrian oriented street front and greater open space for residents. In addition, a greater public benefit is being attained through the development of affordable housing. Without the exception to lot coverage the applicant would not be able to maximize the number of affordable residential units, and would prevent the applicant from leveraging other financial opportunities. Resolution DRC -13 -06 June 26, 2013 Page 3 B. The proposed project is consistent with the design and development standards of the Village V -3 (West Village) district of the Urban Core Specific Plan. The project is in compliance with the design and development standards of the Village V- 3 district. Enhanced architectural details are proposed along the street elevations and the layout of the site provides for a pedestrian oriented street front per the UCSP. A total of 56.4 parking spaces are required, and the project proposes to provide 97 spaces which will provide additional parking for existing employees of the Family Health Centers building at the southeast corner of Landis Avenue and Davidson Street. The total building height is 45 -ft, whereas the maximum building height per the V -3 subdistrict development standards is 84 -ft. The project would be consistent with the development standards for floor area ratio, setbacks and street wall frontage. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION, BASED ON THE FINDINGS ABOVE, approves the Design Review Permit subject to the following conditions: I. The following shall be accomplished to the satisfaction of the City, prior to issuance of building permits, unless otherwise specified: Planning Division 1. The site shall be developed and maintained in accordance with the approved plans, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19. 2. Prior to, or in conjunction with the issuance of the first building permit, pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ -1721. 3. Prior to the approval of building permits, 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 Planning Commission on June 26, 2013. 4. 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 Development Services Director 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. 5. All roof appurtenances, including air conditioners and other roof mounted equipment and /or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Development Services Director. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Development Services Director. 6. 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 Resolution DRC -13 -06 June 26, 2013 Page 4 combination of concrete or masonry walls, berming, and /or landscaping to the satisfaction of the Director of Development Services. 7. All exterior lighting shall include shielding to remove any glare from adjacent residents. Details for said lighting shall be included in the architectural plans and shall be reviewed and approved to the satisfaction of the Director of Development Services, prior to the issuance of the building permit. 8. The Applicant shall obtain approval by the Development Services Department of a sign permit for each sign. Signs shall comply with all applicable requirements of the Municipal Code. 9. The Applicant shall comply with and implement the Mitigation Monitoring and Reporting Program as provided in Secondary Study IS -13 -004. Building Division 10. Building permit applications submitted on or after January 1, 2011 shall comply with the following building codes and any other applicable regulations: a. 2010 Edition of the California Building Code as amended and adopted by the City of Chula Vista (Municipal Code Chapter 15.08); b. 2010 Edition of the California Mechanical Code as amended and adopted by the City of Chula Vista (Municipal Code Chapter 15.16); c. 2010 Edition of the California Plumbing Code as amended and adopted by the City of Chula Vista (Municipal Code Chapter 15.28); d. 2010 Edition of the California Electrical Code as amended and adopted by the City of Chula Vista (Municipal Code Chapter 15.24); e. 2010 Edition of the California Fire Code as amended and adopted by the City of Chula Vista (Municipal Code Chapter 15.36); and f. 2010 Edition of the California Green Building Standards as amended and adopted by the City of Chula Vista. Land Development Division/Landscape Architecture Division 11. The Applicant shall be required to pay Engineering Fees based on the final approved building plans for the project, including: a. Sewer Connection and Capacity Fee b. Traffic Signal Fee c. Western Transportation Development Impact Fee d. Public Facilities Development Impact Fees e. Other Engineering Fees as applicable per Master Fee Schedule 12. The Applicant shall be required to pay additional deposits or fees in accordance with the City Subdivision Manual, and Master Fee Schedule with the submittal of the following items: a. Grading Plans 6 'onstruction Permit igations shall be met per Chapter 17.10 prior to the issuance of the first Building nless waived. ;ways shall conform to the City of Chula Vista's sight distance requirements in ice with Section 18.16.220 of the Municipal Code. Also, landscaping, street ,, or signs shall not obstruct the visibility of driver at the street intersections or �s. building permit the applicant must demonstrate compliance the Uniform Building iinimum sewer grade (2 %) from the farthest unit to the site to the sewer main in avenue or Davidson Street. )licant shall obtain a Land Development Permit prior to beginning any earthwork s at the site and before issuance of Building Permits in accordance with gal Code Title 15.05. Developer shall submit Grading Plans in conformance with ,'s Subdivision Manual and the City's Development Storm Water Manual gents, including, but not limited to the following: 3rading Plans shall be prepared by a registered Civil Engineer and approved by he City Engineer. Drainage Study and Geotechnical /Soils 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 rnd storm drain facilities are impacted. Design shall incorporate detention of Sorm 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. Drainage study shall also demonstrate that no property damage will occur during the 100 -year storm event. Drainage study shall show any offsite flows. All onsite drainage facilities shall be private. Any offsite work will require Letters of Permission from the property owner(s). pplicant shall provide two copies of the following technical reports with the 1st al of grading plans: Drainage study Water Quality Technical Report Geotechnical Report iplicant shall comply with the following regulations for retaining walls prior to the it of a grading permit. 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 San Diego Regional Standard Drawings, or City of Chula Vista Construction Standards CVCS -30 thru 40, and if fences are to be placed on top of retaining walls. Resolution DRC -13 -06 June 26, 2013 Page 6 c. Retaining walls that will be part of a building wall must be approved as part of the building permit for the project. d. Retaining walls around trash bin (if any) shall be noted on the grading plans and called out per standard. e. Detail how retaining wall drains tie into the drainage system. 19. The project shall comply with all requirements of the Chula Vista Development Storm Water Manual (Storm Water Manual) for both construction and post - construction phases of the project. Prior to building permit approval, documentation shall be provided, to the satisfaction of the City Engineer, to demonstrate such compliance. 20. Development of this project shall comply with all requirements of State Water Resources Control Board (SWRCB) NPDES General Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity, and any subsequent re- issuances thereof. In accordance with said Permit, a Storm Water Pollution Prevention Plan ( SWPPP) and a Monitoring Program Plan shall be developed and implemented concurrent with the commencement of grading activities. The SWPPP shall specify construction structural and non - structural pollution prevention measures. 21. All on -site drainage inlets and catch basins shall be provided with permanent stenciling and signage according to the City of Chula Vista Standards to prohibit illegal discharge to the storm drain system. 22. Prior to issuance of any Grading or Building Permits, whichever occurs first, owner must enter into a Storm Water Management Facilities Maintenance Agreement to perpetually maintain private BMP's located within the project. 23. Prior to issuance of the grading permit for the project, 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. 24. Prior to obtaining any Building Permits, or approval of the Final Map, whichever occurs first, the applicant shall obtain a Construction Permit if the project's total on -site improvements exceed Engineering Threshold of CVMC, Section 12.24.020, to perform the following work in the City's right -of -way which may include, but is not 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, designed and constructed with proper transitions to existing conditions. b. Removal and replacement of existing driveway(s) meeting design standards as shown in Chula Vista Construction Standards CVCS -IA. Current Driveway(s) shall be replaced, if it does not meet the City of Chula Vista Design Resolution DRC -13 -06 June 26, 2013 Page 7 Standards /ADA Standards, or if existing driveway is cracked or broken. Dedication of R/W as needed in order for driveway to comply with (American Disability Act) ADA requirements. c. Removal and replacement of existing pedestrian ramp on the corner Davidson Street and Landis Avenue, per Chula Vista Construction Standards CVCS -25. Current pedestrian ramp shall be replaced, if it does not meet the City of Chula Vista Design Standards /ADA Standards, or if it is cracked or broken. d. Installation of one driveway meeting design standards as shown in Chula Vista standard detail CVCS -IA. Dedication of R/W as needed in order for driveway to comply with American Disability Act (ADA) requirements. e. Installation of all sidewalks under drains per Chula Vista Standard detail CVCS- 17 along Landis Avenue and Davidson Street. f. Any proposed closure of an existing driveway shall be replaced with a curb, gutter, and sidewalk per SDRSD G -2, and G -7. 25. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be obtained as necessary. 26. Any improvements in the right -of -way beyond the project limits shall be designed and constructed as to not interfere with adjacent businesses, as approved by the City Engineer. 27. The construction and completion of all improvements .and release requirements shall be secured in accordance with Section 18.16.220 of the Municipal Code. 28. Any existing sewer laterals and storm drain connections that are to be used by the new development shall be inspected by the Public Works Operations Section and replaced as needed. 29. For the proposed private sewer facilities, manholes shall be used where 6" mains or larger are connected to the public sewer. 30. The onsite sewer and storm drain system shall be private. All sewer laterals and storm drains shall be privately maintained from each building unit to the City- maintained public facilities. 31. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be designed to meet the City of Chula Vista Design Standards, ADA Standards, and Title 24 standards, as applicable. Driveway A shall include pedestrian ramps on all legs. 32. Any private facilities within public right -of -way or City easement will require an Encroachment Permit prior to Improvement Plan or Building Permit approval. 33. Applicant shall enter into an encroachment permit and maintenance agreement for street trees associated with the project. Resolution DRC -13 -06 June 26, 2013 Page 8 34. All utilities serving the property and existing utilities located within or adjacent to the property shall be under grounded in accordance with the Chula Vista Municipal Code Section prior to the issuance of Building Permit. 35. Applicant shall work with the City to attain an approved landscape plan that incorporates raised planter beds within the project's common area landscape on the podium level and establishes minimum sizing of plant materials to ensure landscape provides additional vertical elements to the project. Fire Department 36. Prior to the approval of any building permit, the Applicant shall provide a water flow letter from the applicable water agency having jurisdiction indicating fire flow is available to serve this project. 37. Prior to approval of the building permit, the Applicant shall provide a water supply analysis (technical report) to the Chula Vista Fire Department 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. 38. Fire Hydrants shall be located not greater than 300 feet apart. The minimum fire hydrant size shall be: 6" x 4" x 2" '/2 x 2 ' /2 ". 39. Prior to any construction, all Fire Department access and water supply need to be installed. 40. Prior to occupancy, an automatic fire sprinkler and fire alarm system will be required to be installed per the Fire Departments regulations. The Applicant shall mitigate the restricted access to the property in several ways including, but not limited to: a. Installation of a NFPA 13 fire sprinkler system throughout the building. b. Upgrades to the sprinkler and alarm system as identified by a fire consultant and approved to the satisfaction of the Fire Department. Public Works, Environmental Division 41. Prior to the approval of the building permit, the Applicant shall develop and submit a "Recycling and Solid Waste Management Plan" to the Conservation Coordinator for review and approval as a part of the permit process. The plan shall demonstrate those steps the applicant will take to comply with Municipal Code, including but not limited to Section 8.24, 8.25, and 19.58.340 and meet the State mandate to reduce or divert at least 50% of the waste generated by the residential developments. The applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. The "Recycling and Solid Waste Management Plan" features shall be identified on the building plans. Resolution DRC -13 -06 June 26, 2013 Page 9 42. Prior to the approval of the building permit, the Applicant shall submit the required performance deposit fee. IL The following on -going conditions shall apply to the Project Site as long as it relies on this approval: 1. The site shall be developed and maintained in accordance with the approved plans, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19. 2. The Applicant shall install all landscaping and hardscape improvements in accordance with the approved landscape plan. 3. Approval of the Design Review Permit shall not waive compliance with all sections of Title 19 of the Municipal Code, and all other applicable laws and regulations in effect at the time of building permit issuance. 4. 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 arising, 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. 5. This Design Review Permit shall become void and ineffective if not utilized within three years from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. Resolution DRC -13 -06 June 26, 2013 Page 10 III. EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be signed and returned to the City's Development Services Department. Siina6 e o roperty er Date Family ers of San Diego Signature of Applicant Date Wakeland Housing and Development Corporation 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 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 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. Presented b Eric Crockett Assistant Director of Development Services Resolution DRC -13 -06 June 26, 2013 Page 11 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 26th day of June, 2013, by the following vote, to -wit: AYES: Anaya, Calvo, Livag, Spethman, Vinson NOES: n/a ABSENT: Moctezuma ABSTAIN: n/a Yolanda Calvo, Vice -Chair ATTEST: �.r Patricia Laughlin, Secretarj