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Home My WebLink About2013/11/19 Item 16 T..r�'�=� -.--r��=��i CITY COU NCI L =.-��-,.z. _ _ ,_i-:_ , �'� . -:��:�-- AGENDA STATEMENT ��:.. -- �`� - -� ��tti _ . - ..�;t�--,��- -- � ,;,�. a-rv oF . CHULA VISfA I�'OVEMBER 19; 20li, Item� ITEA1 TITLE: �i ORDINAI�'CE OF THE CITY OF CHLTLA VISTA AA4ENDII�TG THE ZONI?�TG MAP ESTABLISHED BY CHULA VISTA DN�'ICIPAL CODE SECTION 19.18.010 TO REZONE T�'�'O (2) PARCELS; TOTALII�TG 0.38 ACRES; LOCATED ON THE I�'ORTH SIDE. OF ALVARADO STREET. FROM A DNLTI-FAMILZ' RESIDEI�TTIAL ZOI�TE (R-3) TO A MIaED-USE ZOI�rE (UC-1) RESOLUTIOT' OF THE CITY COi1NCIL OF THE CITY OF CHULA VISTA, r1PPROVII�rG A DESIGN REVIE�V PERMIT SUBJECT 7'O THE COI�TDITIOI�'S CONTAII�TED HEREII`T FOR THE COLOl`iY MIXED-USE PROJECT L\' THE UG1 ZONE OF THE iJRBAA' CORE SPECIFIC PL.A1V AREA, COI�'SISTII�'G OF 162 RESIDENTIAL UI�TITS AND 3,000 SQUARE-FEET OF COMA4ERCIAL SPACE ON APPROXIMATELY 2.61 ACRES A\TD LOCATED AT 43� THIRD AVEI�TUE RESOLUTION OF THE CITY COUNCIL OF THE CITI' OF CHULA VISTA. APPROVING A TEI�'TATNE MAP SUBJECT TO THE COI�rDITIONS CONTAIi�TED HEREIN FOR THE COLONY MIXED-USE PROJECT I?�T THE UG1 Z01�'E OF THE iJRBP.i\' CORE SPECIFIC PLAI�' r1REA. TO COMBINE A4ULTIPLE PARCELS II`'TO ONE FOR 162 CONDOMII��IUI�� iTNITS AND ONE COA�4ERCIAL UI`TIT ON APPROJiIIvIATELY 2.61 ACRES LOCATED AT 43� THIRD AVENUE SUBD4ITTED BI': DIRECTOR OF DEVE.LJaPD2ENT SERVICES REVIE��'ED BP: CITY MANAGER �� ASSISTAI�iT CITY i�4.4NAGE �/STHS VOTE: YES � NO � . SiT��i 1ARY S�ieetH�ater linion High School District is processing a Desien Re��ie«� Permit (DRC-12- 1�), a Rezone (PCZ-12-03), and a Tentati<<e Map (PCS-12-06) for a 2.61-acre property 16-1 NOVEMBER 19; 2013; Item� Page 2 of 24 located at 43� Third Avenue. The Colony project ��ill provide a 162-unit; 5-story mixed- use building in a Transit Focus azea on Third Avenue, consistent ��ith the Urban Core Specific Plan. This project is going through the consolidated review process, in accordance with the Consolidation of Processing regulations contained in Municipal Code Section 19.14.050(C). The decision to approve, conditionally approve, or deny the project has been consolidated to the highest decision maker, which is the City Council. ENVIRONMENTAL REVIEW The Development Services Director has completed a Secondazy Study (IS-12-002) in order to determine project consistency with the Urban Core Specific Plan EIR (PEIR-06- O1). Based on the environmental analysis contained within this Secondary Study, the proposed action will not have any significant effect on the environment other than as identified in the PEIR. ln addition, the rezoning of the parcels to an Urban Core density of up to 60 du/acre was analyzed in the 2005 General Plan Update EIR (EIR-OS-01) as part of the 2005 General Plan Update. The proposal is consistent �s�ith the analysis and conclusions of EIR-OS-01. Therefore, no negative declazation, subsequent environmental impact report, supplement to environmental impact report, or addendum to environmental impact report has been prepazed. RECOA'IMENDATION City Council adopt the Ordinance and the Resolutions. BOARDS/COM114ISSION RECOMMENDATION The Planning Commission adopted Resolution RCZ-12-03, on September 25, 2013, recommending that the City Council amend the Zoning Map established by Chula Vista Municipal Code (CVMC) Section 19.18.010 to rezone 2 multi-family lots located on the north side of Alvarado Street (APNs 568-511-18 and 568-511-19) from an e�isting Multi-Family Residential Zone (R-3) to an Urban Core Zone (UGl); based on the findings contained in the Planning Commission Resolution (Attachment 3). DISCUSSION Sweerivater Union High School District acquired the property at 435 Third Avenue in the 1990s, through an exchange agreement with the City of Chula Vista, and with the intention of building a new administrati��e headquarters on the site. The original de��elopment plans did not come to fruition, but the District recentiy submitted plans for a new mixed-use development. The new proposal includes a rezone for two of the pazcels (from R-3 to UC-1), a design review permit for one mixed-use building that spans the entire 2.61-acre site, and a Tentative Map to allow the units to be sold individually as condominiums. The table below shows the seven parcels that aze part of the overall development of the site. The two parcels that are being rezoned aze shaded in grey. 16-2 I�TOVEI�4BER 19; 2013, Irem /(� Paee 3 of 24 • ' • � i �68-420-14 � UG1 �68-420-15 UC-1 �68-420-30 UG1 568-420-31 UG1 �568'-`S1=1r18E}`�'� �`' � �..� �. f: �'{�.'- R�3��:; d��- � �F_ . �� :;..�--.�;��,;._��:��;=-,�_ti �_�:: �"��68�51.1`=1.9;.��-'��:'="R�'�'``�_�; � • ��,��,�' '- �4r��-=�-�=:,.-� :�, �.,:�k�_�'�_ �:��-�-_-_=a��. x� � �68-511-20 UG1 1. Rezone In D4ay 2007. the Cit}� Council adopted the Urban Core Specific Plan (UCSP); rezoning 690 acres identified as the Cin�'s Urban Core to allo�u for miaed-use development. Five of the seven parcels o«med by the District at the project site �tere rezoned to UG1 at that time, �=hile nio of the parcels remained R-3. The Cummings Initiati��e The Controlled Residential De��elopment Ordinance (a.k.a.; Cummings Initiati��e «�as approved by voters in 1988 (Ordinance 2309) and pro�ides a means of controlling residential erowth to keep pace ��ith infrastructure needs. In accordance �;�ith the ordinance, rezonine of propert�� desiQnated for residential development is permitted onh� to the next hiehest residential density cateeory in an}�ti��o-�°eaz period as follo��s: A Aericultural R-E Residential Estate Zone R-1 Single Familv Residential Zone R-2 One- and T��o- Familv Residential Zone R-3 Apartment Residential Zone A'hen the UCSP ��as approved in April 2007, the City Council deferred the rezonine of select properties that «�ere residentially zoned or had mobile home or trailer parks located on the propert}�. Since the deferral, staff has undertal:en a preliminar}� analvsis of the residentiallv zoned properties and their potential upzonine for compliance "�ith CVMC 19.80 (Cummings Initiati��e). The Cumrnines Initiative did not identifi� a hieher residential zone than R-3. nor did it address tt�e fact that H ithin R-3. there are �arious levels of densiri� allo��ed. For eaample; R-3H allo�i�s densities of approsimately » units per acre;� ��hich is ' The R-3H Zone allo�vs minimum unit size of S00 square feet. 16-3 NOVEMBER 19. 2013, Item� Page 4 of 24 roughly equivalent to an Urban Core zone (allows up to 60 units per acre). Also, the Cummings Initiative did not account for mixed-use zoning. Mixed-use 2ones cunently exist in the City's Urban Core that allow residential densities of 28-60 units per acre. Since 1988, several changes haee tal:en place that ensure the City's gowth does not impact em�ironmental quality or the quality of life in general: • Development Impact Fees have been instituted (and are updated regularly), ensuring new development pays its fair share of infrastructure costs in a timely manner. Impact fees are based on anticipated infrastructure needs such as roads, police, libraries; se��ers and parks. • In 2005, the City of Chula Vista's General Plan was updated, redefining the City's vision for the Urban Core Subarea portion_of the General Plan. • In 2007, the Urban Core Specific Plan was adopted, and its EIR made provisions for mitigation and infrastructure programs. The tools are in place to plan for and control the rate of residential grow�th; however, since the Controlled Residential Development Ordinance is still in place, an analysis is done for zoning modifications to ensure compliance with the Municipal Code. Project Area (LJGl) The General Plan Update (2005) foresaw the need for new more dense land use designations, such as the Mixed-Use Transit Focus Area designation. Mixed-Use Transit Focus Areas are ]ocated within approximately %< mile of existing and planned transit stations, and are intended for the highest intensity of mixed-use residential environment. The designation allows a mix of residential, office and retail uses in areas that are pedestrian-friendly and have a strong linkage to provision of transit. The Urban Core Specific Plan H�as adopted in 2007, implementing the General Plan vision for the Urban Core. In accordance with the General Plan, the UG1 zone (alone Third Avenue north and south of H Street) calls for a high density miY of uses with close proximity to transit. The proposed rezone is comprised of tu�o vacant parcels located on the north side of Alvazado Street,just east of Third Avenue. The azea is urban in character, with commercial uses to the north and ��est; church and school uses to the south, and multi-family units to the east. The two subject parcels aze part of a seven-pazce] contiguous property owned by the District, the remainder of which was rezoned to UC-1 with the adoption of the UCSP in 2007. Although rezoning on the subject t��o properties was deferred when the UCSP was adopted, Figure 6.1 illustrates that the parcels are still within the UCSP azea. Ultimately, the UCSP document and Figure 61 (Page VI-3) will be revised in accordance with this action 16-4 I�'OVEMBER 19; 2013, Item �{� Page 5 of 24 The propenies directly to the east of the subject pazcels; alone Church Avenue and Ah�azado Street, aze residential. They aze zoned R-3 and R-3P14, and aze de��eloped with multi-family buildings. These multi-famil}� developments form a transition and a buffer between the existing and anticipated urban uses alona Third Avenue and the sinale-famil}� homes along Del D�az and farther east. � Al�'ALPSIS In order to ensure compliance �vith CV"?�4C 19.80, staff has anal}�zed the impact of the subject propem�'s rezone. Comoarison of UC-1 to R-3 Zone The table provided belo��offers a comparison of the UC-1 Zone to the R-3 Zone: c y .. .. . _ � y � 'v a� 3 N � � c � � cYi �`a � _ � _ . E � Es � w � } a N C � �3 = C � �7 C l�y �7 0 y �0 y A _.! � m �20 � � a � LLN � � U Mixed-Use— 100 SF UC-1 Residential. 84' 1.1:1 0 0 OfFice. Retail Per Unit R-3 Residential 28' 400 SF 2:1 1� 10 Per Unit As sho«m above, there are sienificant differences ben+een the ri�-o zonin2 dassifications. The reeulations for UG1 are urban in nature and appropriate for the location — close to do��nto�an and close to a future nansit hub. The UC-1 zone allows for taller buildines. more compact open space and less pazkine (due to the proximit}� to transit). The rezone of the subject site to UG1 is compatible with the ezisting UC-1 zoning on the adjacent properties. General Plan Consistencv: The proposed zonine designation is in compliance «�ith the General Plan's A4ixed- Use Residential (I�4iTR) desi�nation for the area. Conformance ��ith Chapter 19.80 of the Chula Vista A4unicipal Code: The proposed rezone ��ould result in the azea con��ertins to a residential intensiri- that is the ne�t level of densin�. The proposed action is in compiiance ��ith this pro��ision, as follo«�s: 16-5 NOVEMBER 19, 2013, Item �1� Page 6 of 24 CVA1C Sectior� 19.80.070 A. Rezoni�tg of property designated for residential development under the Ciry's zoning code shall be permitted only to the nezt highest residential densiry category in any h+�o year period accordirag to die followir7g schedule: A Agricullural Zo�ze RE Residential Estates Zones R-1 Single Family Resrdential R-2 O�ae and Tivo-Family Resrdentiul Zone R-3 _4parhnent Residenirul Zate - - This proposal would rezone the property to the next highest residential density level, as detailed below: 1. The subject properties are currently zoned R-3. Pursuant to the General Plan designation, a high-density R-3 zoning has a density range of 18 to 27 dwelling units per acre. 2. The General Plan Update (GPU) designates the H Street Office Focus Area as a Transit Focus Area (TFA) within the Urban Core, with transit-focused mixed uses on the east and ��est sides of Third Avenue. Mixed-use development is encouraged within walking distance of a planned future transit station near Third Avenue and H Street. According to GPU policy for the H Street Office Focus Area, residential densities within the Miaed Use Transit Focus Area designation aze intended to have a Focus Area wide gross density of 60 dwelling units per acre (LUT 53.2). This densih� is consistent with adjacent properties that have already been rezoned. 3. The General Plan Density for Urban Core Residential is 28-60 units per acre. The proposed change in zoning from R3 to UC-1 is consistent with the above provision of the Cummings Initiative, since the change N�ould be to the next highest residential densih� category as identified and approved in General Plan Land Use Designation and Zoning Table 5-4. 4. High density multi-famil}� residential already exists within the Urban Core: (1) Congregational Towers (an affordable senior facility), located at 288 F Street, is zoned RiH and has a density of 248 units per acre, and (2) ParkH�oods (market-rate condominiums), located at 376 Center Street is zoned R3HP and has a density of 31 units per acre. 16-6 I�'OVENIBER 19. 2013. Item 1� Pa¢e 7 of 24 B. .4ny annexation of lands within the Ciry's sphere of influence shall conform to �he purposes, intent and requirements of�lais ordrnance. This proposal does not im�ol��e the annexation of anv lands. C. After properry is annexed by the Ciry, the pre-=oning approved for the subject propern� cannot be amended or changed rn mzy tiray for a nti�o- year period. The provision shall applv o�aly to pre-_ones approved after the effective date of this ordinance. This proposal does not invoh e the annezation of anv lands. D. Reaoning commercial or r�:dus�riol property to a residentiol=one shall be permitted only to the maximum residentral densrty corresponding to the polential tra�c generotion tha� was opplicable prior ro the reaoning to residential. In addition, properp� which is re_oned from residential !o commercial or industrial mcry not be rezoned to a residential category of higher density than �hat which x�as applicable prior to the reroning 10 commercial or industrial. The propem� is being rezoned from a multi-family residential zone to a mixed-use urban core zone; therefore, this pro��ision is not applicable. 2. Design Review Proiect Site Chazacteristics The 2.61-acre project site is located primarily in the UC-1 subdistrict of the Urban Core Specific Plan, at 435 Third Avenue, adjacent to the intersection ��ith Alvarado Street. A small portion of the site (approximately 15%) is in the R-3 zone; although a rezone request is bein2 processed for consistent UC-1 zonine across the site. The project site is a vacant lot and is relativelv flat. The propert}� has frontaee on Third Avenue. Ah�azado Street and Church A�•enue. Summar�� of Surroundine Land Uses - -�_ � --: ,-...�:�_�-. - ~- � �. --� -_ - -_�--._- - _�-- �._ - � -- - - : a- - - -- �F ` GeneFal Plan� . `��. � �-`3� '- :. _;.-_ >_. : :°.�= " = �°' . - Zoning Des�gnat�on Eaisting-Uses •�. - _ .Des�gnationr, - _ I . _ Dl�ced-Use liGl (1liued-Use) Site Residential in Vacant Transit Focus Area R-3 (A4ulti-famil�-) �o� T4ixed-Use ��_� �illaee) I Retail and Residential Residential Hiah-Density \�ulti- East Famiiv Residential R-3 Alulti-Family Multi-Famib Residential 16-7 NOVEMBER 19, 2013, Item �,� Page 8 of 24 A�ixed-Use South Residential in Transit R-3 Multi-Family Church and School Focus Area Miaed-U se West Residential in Transit UC-2 (Gateway/TFA) Commercial Focus Area Proiect Description The proposed project includes a five-story building with an additional floor of subterranean pazking for a total building area of 388.960 square-feet. The subterranean and street-level pazking, for residents and their guests, consists of 333 spaces. The street-level also includes 3,000 square-feet of retail space, the residential lobby, and a leasing office. Approximately 57,810 squaze-feet of residential units aze planned for each of the second through the fifth floors. The residences will be leased initially, but a Tentative Map is being processed �vith the project, so the units may be sold individuall}' in the future. The following provides a detailed breakdown of the project by floor and use: Floor :-Use " Quantity'; . --. '. Subterranean floor Parking 139 Spaces Retail 3.000 SF Ground/first floor Parking 194 Spaces Second Floor Residential �7.810 SF/ 39 Units Third Floor Residential 57.810 SF /41 Units Fourth Floor Residential 57.810 SF /41 Units Fifth Floor Residential 57,810 SF /41 Units The proposed five-story structure would cover the entire lot. The main building elevation faces Third Avenue, �vith the main building entrance approaimately 200 feet north of the intersection with Ah�arado Street. The ground floor retail space is located at the northwest comer of the site and would be accessible through a sepazate entrance on Third Avenue. The streetscape will be done in accordance with the Third Avenue Streetscape n4aster Plan, with trees, decorative tree grates, ] 1-foot wide scored sidewalks, and streetlamps. The floor plans consist of fort��-eight 1-bedroom units (755 SF). ninety-eight 2- bedroom units (1,070 SF), and si�teen three-bedroom units (1;263 SF). All units 16-8 NOVEA4BER 19; 20li, ItemlL Paee 9 of 24 aze accessed through halhvays that overlook the intemal coum�azd, and each unit has a private balcon}�. Refuse storage areas and disposal chutes aze placed within eas} access of the residents. Separate storaee units aze available in the hallwavs and in the basement-level pazl:ine garage. The azchitecture is contemporan and scaled to be consistent with the vision for the Urban Core's Transit Focus Areas. The future Rapid Bus transit line ��ill run down H Street. ��ith a stop at Third A��enue. The desien uses ��ndow� aN�nings: trellises, storefront elass; elass desien elements; textured stone and warm stucco colors to create an in��itine and pedestrian-friendlti� street scene. Open space is provided on pri�ate balconies and in a laz2e coum�azd on the second floor. Pu\TALYSIS Compliance with Urban Core Specific Plan Development Standards The follo«�ne Project Data Table sho�vs the development reeulations along N�th the applicant's proposal to meet said requirements: Assessor Pazcel \'umbers: 568-420-14, 1�, 30, 31; �68-�11-18, 19; 20 Current Zonine: UGl and R-3 General Plan Desianation: Mixed-Use Residential /Transit Focus Area ' 1 • ' I " I ' 1 1 Min. 30 feet HEIGHT: 7� feet n4a1. 84 feet Min. 2.0 FLOOR AREA RATIO: 2.91 Ma.x. 4.0 A4in. 4�% LOT COVERr1GE: 88% * A4ax. 80% SETBACKS: 0 feet I Varies STREET �i'ALL FRONTAGE: A4in. 80% <80% (varies) * PARKI��G: 1.1 spaces per unit = 179 333 Residentia] (includes euest) *Proposed lot coverage exceeds maximum standard. and proposed streenvall frontage does not meet minimum —deviations are reques�ed and drscussed beloiv. 16-9 NOVEMBER 19, 2013, Item�6 Page 10 of 24 Development Exceptions Due to the incorporation of Urban Amenities, such as Streetscape Improvements, Vertical Mixed-Use in a Transit Focus Area and Enclosed Pazking, the applicant has requested development exceptions from the ma�imum allowable lot coverage of 80% to 88%, from the minimum streetwall frontage of 80% (80% of the building is within 1-4 feet of the propert}� line, allowing for some articulation of the building facade), and from stepback requirements of 15' (balconies aze stepped back an uveruge of 15' and elevator shaft and corner units encroach). Chapter VI.I of the UCSP specifies that development exceptions to the land use and development regulations may be authorized if certain findings are made, as identified below: 1. The proposed derelop�nent irill not adversely uffect the goals and objectives of rhe Specifrc Plm� and Gene�-al Plan. - - The goals and objectives of the Specific Plan and General Plan aze not adversely affected by minor development exceptions in lot coverage, building stepbachs and streetwall frontage. The deviations are being mitigated with Urban Amenities encouraged in this transit focus area of the Urban Core. The building will feature articulated walls, color variety, different finish textures and stepped facades to maintain proper scale with its surroundings. Exterior building planes are offset both vertically and horizontally along the site perimeter. A stepback of the building at the second story is broken only by the elevator shaft; comer elements and balconies, which overlook the street and separate building mass. Storefront windows and awnings help reduce building massing to a human-scale and 11-foot «�ide sidewalks along Third Avenue and 8-foot wide sidewalks along Alvazado Street and Church Avenue provide an enhanced pedestrian esperience, adhering to the UCSP goals for pedestrian orientation. 2. The proposed dei�elopmeni mill comply �+ith all other regulations of the Specific Pla». No other deviations from the UCSP regulations are being requested. 3. The proposed denelopment inill incor�orate orae or more of the Urban .4me�1ilies Incentives in section F - Urban Amenities Reyuiremerils and Incentives, of this chapter. The proposed development �i�ill provide "Urban Amenities" such as Str-eetscape b�aproren7ents, with new sidewalk, landscape and lighting in accordance with the Third Avenue Streetscape Master Plan; Vertical A�ixed-Use (Residential over Commercial) within 500 feet of a Transit Station (Future Bus Rapid Transit stop at Third and H), and Enclosed Parking — providing just over ri��o parking spaces per unit within the building structure. 16-10 I�OVEb4BER 19. 20li. Item �� Paee 11 of?4 �. The exception or exceptions are appropriate for this locarion and x-i11 result in a better des o�n or greater public benefrt rhan could be achieved through strict conforn7m7ce u ith the Specific Plan developmenJ regulations. The esceptions aze appropriate in this Transit Focus Area of the Urban Core District and will result in a better desien; providing a more pedestrian-oriented street frontase, eas}� access to transit and generous pazking for residents and theu guesu. �4'ithout the exceptions to lot coveraee. buildine stepback and street wall frontaee; the applicant ��ould not be able to achieve the number of residential units suitable to this transit-accessible location. Compliauce�cith Urban Core Specific Plan Desigu Guidelines In generaL the UCSP design guidelines for the Urban Core District focus on accommodating mid- and hieh-rise commercial and residential de��elopment while also developine an active street life. Specific widelines for Third Avenue emphasize a villase character where residents and visitors ��ill ha��e access to an arrati� of fine dinine, retail shops, outdoor cafes. coffee houses; specialn� stores; boutiques and entertainment venues. Design Objectives for the Urban Core District aim to create a comfortable scale of structures; maintain sunlight exposure and minimize ��ind on the street; and distinguish betueen upper and lo«-er floors. The Urban Core District Guidelines provide direction on site planning; buildine azchitecture. storefront design; landscaping and parking. Special guidelines for A�ixed-Use projects also inform de��elopment pattems in this part of the Urban Core. A summarv of the major design items related to this project follo�v: Site Plannine and Architecture The Urban Core District desien guidelines identify: °Buildings should be sited in i+�m,s tha� provide a con fortable and safe environment for pedestrians H�hile accommodating vehicles. ' The project is oriented to Third Avenue. ��-ith sepazate pedestrian entries for the residential and retail components. Vehicular access is secondary; H�ith a eazage entrance on the eastern side of the-building. "Locate parking structure entries on side streets or allevs to minimize pedestriar�/vehicular conjlicts — drii�elrm-s should be kept to the minimum number and width required for the project. " There are no dri��ewavs onto Third A��enue �vithin the projecrs frontage. Tt�e strucnued pazking as ��ell as trash storaee for the project aze full}� screened from the public streets and are accessed from a reaz dm�e�vay to the east of the building, minunizinQ potential conflicts �+ith pedestrians on Third Avenue. - 16-11 NOVEMBER ]9, 2013, Item� Page 12 of 24 "E�acourage u conti�zuous street 1��a11 milh ground_floor relail and other aclire uses N�hile upper floors slep back to alloi�� sunliglzt to reach the street beloxt " Along Third Avenue, the streetti�all is built close to the property line, where large plate glass windows provide transpazency to the active uses inside. The buildine footprint allows for recesses in the streetwall at the entrances, as well as at the small trellis-covered patio at the northern end of the building. The building steps back 15' at the second story, �vhere smaller windows and private balconies provide a clear division bet��een `residential' and `commercial' space. "The pllysical design of building facades should be raried. " Unique aNmings, artistic glass elements, stone and stucco texture and color help further define and separate the different uses. While the most detailed portion of the fa�ade is along the Third Avenue frontage, the project also strives to provide attractive architectural elements and a variety of building materials along Alvarado Street and Church Avenue, as well. Gara¢e Orientation/Parking Design guidance is provided in UCSP Chapter VI-Land Use and Development Regulations, Section E.4(c) and (d) regarding "Minimizing Views into the Pazkine Structure Interior and Pazking Floors Located Under or Within Buildings" and "Parking Floor Located Under or Within Buildings ', as follows: °Parking locuted under or tia�id�in buildirags shull subordinate the garage er�b•ance to �lae pedesn�iar� enlrar�ce irt te�•»�s of prominerice on the streel, location and design emphusis. " Parking ��ill be accessible through a garage entrance off the project driveway at the eastern side of the building. A decorative ��all design and landscapine enhances the street elevations. The pazking will be accessed through key fobs or access cards �vith automatic roll up gates or as determined by leasing management. The location of the garage entrance allows the main pedestrian entrance along Third Avenue to be uninterrupted by drivewa}�s or curb cuts. "Any portion of a purking struc�ure ground Jloor initlt exposed par-king area udjaceru to the public sb•eet shall minimi�e vieN�s inro the parking structure. ° The building fa�ade along Third Avenue, Al��arado Street and Church Avenue is desiened to screen views into the parking gazage. The building's horizontal lines define the street le��el fa�ade with storefront glass windows along the Third Avenue facade. Small ventilating gazage openings are designed similar to other fenestrations with metal grilles patterned after adjacent ti�indows. Trellises and aHmings are placed over doors to define entrances and provide street-scaled elements, shade and visual interest. 16-12 NO�TEI�IBER 19, 2013; Item� Paee li of 24 Pedestrian/Street Orientation Street level storefronts activate the sveet and provide transpazenc}� into the building ti�th lazge �cindo�i�s. allo��ine passersby to see into retail space, lobbies and IeasinE azeas. Safen� On upper floors, residents will be able to provide "eyes on the streeY along Third A�enue. Alvarado Street and Church A��enue from pm ate balconies and �i indows. Open Space The project exceeds open space requirements of the Urban Core District and provides onsite amenities includina a common open space area on the roof of the fust floor (top of podium), ��ith a pool and heavily landscaped open coum�ard exclusive to the residents. The project also provides private balconies for each residential unit. Landscape The proposed landscape improvements alone Third Avenue include an 11-foot sideH�alk; street trees, decorative tree erates, scored concrete and street lamps, which help harmonize the Third Avenue streetscape and provide a safe and pleasant pedestrian experience. The Ah�arado and Church Avenue frontages �ti�ll also be improved in accordance �i�ith Cih� landscape standards. 3. Tenta6ve 11ap A Tentative A4ap has been prepazed for ihis project; to allow for fumre sale of the units as condominiums. The map ��ill consolidate the se�en pazcels currentiv o«ned bv the District into one pazcel. The conditions for the Tentative A4ap aze included in the attached Council Resolution (Attachment 6). Subdivision Desien The subdi�ision design consists of one parcel sen�ed b}• a private landscaped dm�e�vay (into an enclosed garage) along the eastem edge of the building. There is one buildine proposed; and the main pedestrian entrance is on Third A��enue, approximatelv 300' north of the intersection with Alvazado Street. The private dm e��av and landscaping ��ill be maintained by the building owner. Conditions; Covenants and Restrictions (CCRRs) are required as a condition of the map. A Tentati�e Subdivision Map is required for condominiums units; pursuant to Section 2 of the Ciri� of Chula Vista Subdivision I�4anual. The site «�ill be designed to comply ��ith the Subdivision A4anua1 lot desi�n criteria. The proposed project �;-ould be consistent "�ith the surrounding multi-famil}� and commercial development and �vould complement the azea. 7-he private balconies 16-13 NOVEMBER 19, 2013, Item �6 Page 14 of 24 and the open courtyazd with a pool meet the open space requirements. Overall, the subdivision design is in conformance with the City's Subdivision Manual, Urban Core Specific Plan and other associated regulator}� documents. Gradmg The site consists of a rectangularly-shaped level lot that fronts on Third Avenue. The applicant must obtain a Land Development Permit prior to beginning any earthwork activities at the site and before issuance of building permits in accordance with Chula Vista Municipal Code Title 15A�. The applicant shall also submit Grading Plans in conformance with the City`s Subdivision Manual and the City's Development Storm Water Manual requirements. Proiect Access Vehicular access to the site is provided from a private drive��ay along the eastem fa�ade that connects the southem terminus of Church Avenue to Ah�arado Street. The driveway will have electronic gates that will allo�v access only to residents, their guests; and the Fire Department. - A modified tum-around will be provided on the subject property, just south of Church A��enue and just north of the project gate, for cars that won't have access through the site. The access through the private driveway is limited to address potential traffic conflicts. Without the gates, traffic from the neighboring school and church could use the private driveway to get to Alvarado from G Street. The resulting lefr-turn movements and through-traffic could create a conflict during school pick-up and drop-offs. The apartment complex to the east of the project currently uses a portion of the subject property to take access to the apartments' southern driveway and a number of parking spaces. That access will be maintained through a private easement. Landscape is being provided along the private driveway. Street improvements within the right-of-�vay include 8-foot sidewalks on Church Avenue and Alvarado Street, and curb and gutter to match the adjacent public improvements. Along Third Avenue 11-foot sidewalks and improvements in line with the Third Avenue Streetscape Master Plan will be built. Drainaae The proposed drainage improvement �vill collect and filter storm water runoff from the roof, courtyard and driveway. A portion of the stormwater will be stored in a catch basin and used for irrigation purposes. Additional Best Management Practices (BMPs) are included as part of the project design. No adverse impacts to the City's drainage threshold standards wil] occur as a result of the proposed project The proposed improvements are adequate to handle the project storm �vater runoff generated from the site. A final drainaQe study will be required prior to the issuance of any building permit. 16-14 A'OVED4BER 19: 2013, Item� Paee 1� of 24 Storaee Pursuant to Section 1�.�6 of the Chula Vista I�4unicipal Code (CVMC), condominium units are required to provide storage space in excess of the 150, 200 and 2�0 cubic foot minimums for the 1-, 2- and 3-bedroom units, respectively. The project proposes storaee units in the ha1lN�ays on each floor_ either adjacent or close to each residence. 107 additional storage uniu aze provided in the subterranean-le��el ¢azase. Public Facilities • Se1r•er The project site is w�thin the boundaries of the Cin� of Chula Vista ��astewater service azea. A Se�a=er Analvsis ��as completed for this project (Jul}� 2013), to document the esistine capacity consvaints ��ithin the G Street Trunk Se„�er drainage basin and identif}� anv necessary unprovemenu required to serve the proposed Project. Based on the model simulations in the Se��er Analysis; there are no deficiencies in tt�e G Street Truiil: Se�ver. • Emergency Services The Fire Department will have access to the pm�ate driveway and the project via l:nox box. Four (4) ne�v h}�dranu aze proposed for the site, for a total of eight (8) fue hydrants that �i�ill sen e this project. • Parks and Open Space The City`s Pazl:land Dedication Ordinance (POD) requires three (3) acres of pazkland with appropriate facilities to be provided per 1.000 residents. The applicant has several options in meetine this obligation: (1) Dedicate parkland and develop public pazk, (2) Pay in-lieu fee for pazkland acquisition and development; or (3) a combination of the above. For this project, the applicant is offering to dedicate land and pay the development portion of the in-lieu fee. • Schools The project is ��ithin the boundaries of the Chula Vista Elementary School District. ��hich serves children Kinderearten throuah Grade 6. The nearest public school is Rosebanl: Elementarv School, ��hich is appro�:imatei}� 1 mile from the site. The project is also «ithin the boundaries of the Sweehvater Union Hieh School District. The neazest public schools aze Hilltop D4iddle and Hilltop Hieh School, «hich aze both about 1 mile from the site. Both the S��eet�vater Union Hieh School District and the Chula Vista Elementarti� School District have stated the�� have capacity to accommodate students from this project. COn�MUNITl' NIEETING A meetine «'as held ��ith the communitv on June 1 S. 2013, at the De Flores Libran� on the St. Rose of Lima campus just south of the project on Alvarado Street. I�'otice ��ent out to all residents and propertv owners ��ithin �00;` and the meeting «�as �;�ell-attended. 16-15 NOVEMBER 19, 2013, Item �6 Page 16 of 24 Communit}� members had concems with the lack of detail in the fapade, potential traffic on Third Avenue, noise impacts from construction and gentrification. The applicant's response is provided to each of the issues raised - see Attachment 7. Some of the issues were addressed in the public meeting, while other items were addressed in subsequent plan revisions. CONCLUSION � The proposed rezone, project design and tentative map are consistent with the goals and policies of the General Plan, the UCSP, the Municipal Code and associated documents. Based on the above analysis, staff recommends that the City Council adopt the Ordinance and the Resolutions. DECISION A'IAI�R CONFLICT Staff has reviewed the property holdings of City Council and has found no property holdings within 500 feet of the boundaries of the property that is subject to this action. Staff is not independently aware; nor has staff been informed by any City Councilmember; of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT YEAR FISCAL �MPACT The cost of the entitlements is paid by the project applicant. There is no fiscal impact projected in the current yeaz as a result of this project. ONGOING FISCAL IMPACT The entitlements do not require any on-going staff time. Currently the property is owned by the S��eet��ater Union High School District and is exempt from property ta�:; ho�vever, the District intends to sell the site to a private . developer after entitlement. A fiscal impact analysis was not completed due to the size of the project but if de��eloped, the property ��ould contribute approximately 12.6% of its 1% annual property tax assessment to the City of Chula Vista, ��hich would be available to fund service needs. ATTACHMENTS 1. Locator Map 2. Zoning Map 3. Planning Commission Resolution, PCZ-12-03 4. City Council Ordinance 5. City Council Resolution for Design Re��iew Permit 6. City Council Resolution for Tentative Map 7. Community Meeting Matria 8. Leriers 16-16 IdOVED�IBER 19. 20li. Item �� Paee 17 of 24 Prepared by.� Janice Kluth, Senior Project Coordinator, Derelopment Sen�ices Department Attachment 1 — Locator I�4ap Y� V,�� \ `%�,�t1�, ` �'` � ` ��,1� ' l\ -��'_ �j1 1.` �� \ � �J" . �, 1 J��st CC� A `� , t ` � _ , ; � a �`'„` \ \ /\ � : , P�. _ �� n�4��, 4 \ �, , .\ L � \ n �� , ,� � �� `� ��/�� ';�� ' � � S � � � ��1 \ -S/t'/1` \ ` PV *P `, `\ �� . _ � � � �.� �`s `��''"` ,� � , � � � � , ; �. � � - ,� ,w \�. � � !/ � � , � , , � �� i �`�s ` �1�-�.` n � ``� ,� � ` �.�i' � r��n � � \ ��`,✓�'� \ � �� \ �i *� ' � � `� > e � ;, �� ` � � � �, i ` � ,\� � � ��•t� �`\� �� - �� , ` ; �\, , � $ \ \` \': ' ._ ' � �� i, � \ �(\'� � ,� ��,; � , PROIECT . � � �, , �`'� � �\ �� LOCATION `"�,�^ � \�; , � � , \ � ,� � . �` � ` � �i� �'' " + � � ' � � . � ,, ° �� `',' ' � � , 1. � \ I � \ , i\ ] \� ��,� C lT � }� LOCATOR � ��,/j�F�]} ` �� .\,Y , 1�,�' S� � \ , - i `� �t \ . O � � c�� ✓ � ! `� F� ` � �` �� G y � NORTH �i� � ,�.�� i �^ . ., G ) : _ DRC-'12-15 16-17 NOVEMBER 19, 20li, Item �( Page I 8 of 24 Attachment 2 —Zoning Map � �� i � o �� f Z � � 9G �� p n� �� uC_, ; \ ` / , � oO SS \ �-�SS P�V P� R��S�� N 5� /\, �' � �� \ SOURCf.FILF -�'"�� EXH�I�BIT�-=B�` GSENUMBER: pC2-12-03 CHULA VISTA PLANNING & BUILDING DEPARTMENT NCRUGE. 0.36 I HEREBY CERTIFY THAT THE ZONING MAP WAS APPROVED AS A PART OF ORDINANCE s�"": no sca� BY THE qTY COUNCIL ON �A�' SEPfEMBER 18,2073 CIiVCLERN DqiE oanwrl er. C.J.FERNANDFZ O ��i �„K,�p,, ZONING MAP - 518 'U_'n�9r' xonix �Uw`bTp 16-18 t�'OVEMBER 19. 2013. Item l 6 Paee 19 of 24 Attachment 3 - Plannine Commission Resolution RESOLUTION NO. PCZ-12-0i RESOLUTIOI� OF THE CITl' OF CI�ULA VISTA PLr11�TNII�'G COl��IM]SSION RECOMMENDII�'G THAT 7HE CI7Y COUNCII. APPROVE THE REQUEST TO AMEND TIIE ZOATII�TG I�1AP ESTABLISHED BY CHIJLA VISTA �.VIUi�'ICIPAL CODE SECTION 19.18.010 TO REZONE TR�O PARCELS, TOTALL\'G 0.38 ACRES. LOCA7'ED ON T[-� NORTH SIDE OF ALVARADO STREET FROD4 A I�NLTI-FAI�9ILY RESIDENTIAL ZOI�TE (R-3) TO A_NII,\ED USE ZONE(UC-1) This has not been siened vet 16-19 I �ZdCl�mei�f � ORDII�TANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONII�'G MAP ESTABLISHED BY CHULA VISTA MUNICIPAL CODE SECTION 19.18.010 TO REZONE TWO (2) PARCELS, TOTALING 0.38 ACRES, LOCATED ON THE NORTH SIDE OF ALVARADO STREET, PROM A MULTI- FAMILI' RESIDENTIAL ZONE (R-3) TO A MIXED-USE ZONE (UG1) I. RECITALS A. Project Site WHEREAS, the subject matter of this Ordinance is the Zoning Map established by Chapter 19.18.010 of the Chula Vista Municipal Code, and the area of the Zoning Map to be used as the project area is identified in Exhibit "A" (Project), attached hereto; and B. Project; Discretionary Approval WHEREAS, the Project Site, which is the subject matter of this Resolution, and is depicted in Exhibit "A," attached hereto and incorporated herein by this reference, consists of two (2) parcels located on Alvarado Street (API�'s 568-Sll-18 and 19); and WHEREAS, the proposed rezone of the two residentially zoned parcels to UC-1 �vill Imake them consistent with the UG1 zone already existing on the contiguous parcels; and WHEREAS, the Development Services Director recorrimends approval of an amendment to the adopted zoning map establis6ed by Section 19.18.010 of the Chula Vista Municipal Code in order to rezone the Project Site from R-3 to UC-1; and WHEREAS, the Planning Commission, by Resolution PCZ-12-03, recommends that the City Council amend the Zoning Map established by CVMC Section 19.18.010, to rezone two (2) parcels located on Alvarado Street from an existing Multi-Family Residential Zone (R-3) to a Mised-Use Zone (UC-1); and C. Compliance with the California Environmenta] Quality Act (CEQA) WHEREAS, The Development Services Director has completed Secondary Study (IS-12- 002), in order to detennine project consistency with the Urban Core Specific Plan EIR (PEIR-06- O1). Based on the environmental analysis contained within this Secondary Study, the proposed action will not have any significant effect on the environment other than as identified in the PEIR. In addition, the rezoning of the parcels to an Urban Core density of up to CO du/acre was ana]yzed in the 2005 General Plan Update EIR (EIR-OS-01) as part of the 2005 General Plan Update. The proposal is consistent with the ana]ysis and conclusions of �IR-0�-01. No additional impacts or mitigation measures beyond those identified in EIR-0�-01 will result from this rezone request. The proposed rezone is; therefore, also covered under EIR-O�-01. l:Wttorner�FINAL RESOS AND ORDINANCESl20I3\I I 19 li\CCOrd-10 25 13-REVFI]VAL.doc� . ]1/5/2013 339 PM � 6-2� Ordinance No. Paee 2 Therefore; a nesative dedaration; subsequent em�ironmental impact report; supplement to environmental impact report, or an addendum to environmental impact report has not been prepared; and D. Plannin� Commission Record on Applications ��JHEREAS, the Plannine Commission held an advertised public hearine on the Project on September 2�, 2013 and voted 4-0-2-0 to recommend that the City Counci] approve the rezone: and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on September 2�, 2013; and the minutes and Resolution resulting therefrom, aze herebti� incorporated into the record of this proceedine; and E. Citv Council Record on Applications �VHEREAS, a duly called and noticed public heazing �i�as held before the City Counci] of the Ciry of Chula Vista on November 19; 20li, on the Project to receive the recommendations of the Plannine Commission, and to heaz pubiic testimony �vith reoazd to the same. II NOW; THEREFORE BE IT ORDAIi�'ED, that the Cirn Council of the Citv of Chula Vista does herebv find and determine as follows: A. CERTIFICATION OF COMPLIANCE WITH CEQA That a Secondan� Studv (IS-12-002) has been completed in order to determine project consistency ��ith the Urban Core Specific Plan EIR (PEIR-06-01) and based on the environmental analysis contained within this Secondary Study, the proposed action ��ill not have am� sienificant effect on the em�ironment other than as identified in the PEIR. In addition, the rezoning of the parceis to an Urban Core density of up to 60 dulacre ��as analti�zed in the 200� General Plan Update EIR (EIR-0�-01) as part of the 2005 Genera] Plan Update. The proposal is consistent with the analysis and condusions of EIR-0�-01. No additional impacts or mitieation measures beyond those identified in EIR-0�-01 ��ill result from this rezone request.� The proposed rezone is, therefore; also co��ered under EIR-0�-01. Therefore; no neeative declaration, subsequent environmental impact report, supplement to environmental impact report, or addendum to environmental impact repoR has been prepazed. B. INDEPEI�'DENT JUDGMEI�'T OF CITY COUNCIL IThat the Cin- Council has eaercised its independent revie�� and judement and concurs with the De��elopment Sen�ices Director's determination that the rezone is consistent ��ith the General Plan EIR (FEIR-O�-O 1) and the Urban Core Specific Plan EIR (PEIR-06-01). 1:41ttomer�Fl�'AL RESOS A\`D ORDINANCES�013\I 1 19 13\CCOrd-10 25 13-RE\'FINAL.docx 1 Ih/2013 3:39 PM � 6-2� Ordinance No. Page 3 C. FINDINGS FOR RESIDENTIAL ZONE AMENDD�ENTS That the proposed rezone for the Project from R-3 to UC-1 H�ould result in the area converting to a residential intensity that is the next level of density in conformance with Chapter 19.80 of the Chula Vista Municipal Code in accordance with the follo�ving: 19.80.070 Chula Vis/a Zoning Code Modification A. Rezoning of properry designated for residential developnrent under the Ciry's zoning code shall be per�»ntted only to d�e next highest resideiviul density cutegory iia any hvo year pe�•iod uccording to dte folloi+�ing schedule: A A ricultural Zone RE Residentia(Eslates Zones R-I Siia le Fanzil Residential R-2 O�ae and Ti��o-Famil Residential Zone R-3 A arhnerit Residentiul Zone This proposal would rezone the property to the next highest residential density level, as detailed below: 1. The subject properties aze currently zoned R-3. Pursuant to the General Plan designation, a high density R-3 zoning has a density range of 18 to 27 d�velling units per acre. 2. The General Plan Update (GPU) designates the H Street Office Focus Area as a Transit Focus Area (TFA) within the Urban Core, with transit-focused mixed uses on the east and west sides of Third Avenue. Mixed-use development is encouraged �vithin walking distance of a planned future transit � station neaz Third Avenue and H Street. According to GPU policy for the H Street Office Focus Area, residential densities within the Mised Use Transit Focus Area designation are intended to have a Focus Area wide gross density of 60 dwelling units per acre (LUT 53.2). This density is consistent �vith adjacent properties that have already been rezoned. 3. The General Plan Density for Urban Core Residential is 28-60 units per acre. The proposed change in zoning from R3 to UC 1 is consistent with the above provision of the Cummings Initiative, since the change ��ould be to the next highest residentia] density category as identified in General Plan Land Use Designation and Zoning Table 5-4. 4. High density multi-family residential already exists within the Urban Core: (1) Congregational To�vers (an affordable senior facility), located at 288 F Street, is zoned R3H and has a density of 248 units per acre, and (2) Parkwoods (market-rate condominiwns), located at 376 Center Street is zoned R3HP and has a density of 31 units per acre. J:\Atrorne��\FINAL RESOS AND ORDINANCES�2013U 1 19 13\CCOrd-10 25 13-REVFINAL.doc� I 1/5/2013 3:39 PM � s-22 Ordinance I�'o. Paae 4 v D. APPROVAL OF AI�4ENDA4ENT TO ZONING A4AP That the Ciq� Council does hereby approve the amendment to the Chula Vista Zonina Map, established by Section 19.18A10 of the CVMC. The rezone is depicted in Exhibit "B." � III. SEVERABILITY If any portion of this Ordinance; or its application to an}� person or circumstance; is for an}� reason held to be im�alid. unenforceable or unconstitutional, bv a court of competent jurisdiction. that ponion shall be deemed severable, and such in��alidity, unenforceabilit}� or unconstitutionalit�� shall not affect the validitv or enforceabilit}� of the remainins portions of the Ordinance, or its application to any other person or circumstance. The Citv Council of the Cim of Chula Vista hereby declares that it would ha�e adopted each section, sentence, clause or phrase of this Ordinance; irrespective of the fact that anv one or more other sections; sentences; clauses or phrases of the Ordinance be declared im�alid, unenforceable or unconstitutional. N. CONSTRUCTION The City Council of the City of Chula Vista intends this Ordinance to supplement; not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in li2ht of that intent. V. EFFECTNE DATE This ordinance shall take effect and be in full force on the thirtieth da�� from and afrer its adoption. VI. PUBLICATION The City Clerk shall certifi�to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to la�v. Presented by Approved as to form bv / � Kelly Brouehton / GI � Development Services Director �'`�City Attomey J:Wttomev�Flt�AL RESOS AND ORDfNANCES�?Oli\I1 19 li\CCOrd-1025 13-REVFIIc4L.docx 1 US/?013 3:39 P�1 16-23 Ordinance No. Page 5 EXHIBIT A l��'c�`� �v � �� `�\ � � `� s ` �` � Zp N �� L � ' F sj , � l' �� \ \ � ,� . S f,. � o e� �� ° � � ° � ��" � y \ r � /�" 1 �� - ��`� \ f ` � � � \ � `�oN" ` � �c ` �� , � � � �� /� \ � Z l,�� "'`'. � 1.� �\ �S � � �`j1,C� \ 7 ` i `` D G� � q ^ , VPRY�N.\ D ��`�� \ � � ��' \� � �r a r t � , G � ` \ / � � �� C _ �, ` ,..,. , \� ` �� , r `� PROIECT � �h� ` � �� LOCATIOM �'"5� � '�\, t' \ � \ \ � —��` � ��- , ; +\ ��"�py` � \ �� \ \ \ ` n t y o , ; ��1�� = � - - � t �` r< t , Tt „ti; ' ��y, LOCATOR � �� '� v " �5 � �(�. � �y � O � �p � nYL 1 � \ ` NORTH � �` �, f — PCZ-12-03 1:�P.t[orncy\FINAL RESOS AND ORDINANCES\2013\I 1 I 9 ]3\CCUrd-10 25 13-RE V FI1JAl..docx ]1/5/2013 3.39 PM 16-24 Ordinance I�ro. Paoe 6 l� � �� Z G � A � �, 5 � Z v� � � O �'Jv ` 9� UC-� � \ ` \ \ \/� \ ` 1 ; SS \ O \ ROOS�V��j SZ \ P�JP�'� _ Iy ` \ \ \ \\ \� \ N Sj \ � ` � \\ �� \ Vg��\ 4p !p.�� SOURCE.FlLE � �/\�'I�I tl'��O.Y , . CASE NUMBER: pC2-12-07 CHULA VISTA PLANNING & BUILDING DEPARTMENT "CR�� 0.38 I HEREBY CERTIPV THAT THE ZONING MAP � WAS APPROVED AS A PART OF ORDINANCE 5O�" NO SCALE BY THE CIN COUNCIL ON � �� SEPTEMBER 18,2073 rnr c.ec. wrz ou.awN er: C.!.FERNAND¢ O �� „E��p,� ZONING MAP - 518 �"4"O��c`. nortrH �tIV.\tSfA 7:Wnomee�FINAL RESOS A\D ORDINANCES12013U 1 19 131CCOrd-10 25 13-REVFINAI,.docx I l/5/2013 339 PD1 16-25 �fr c%/�r�� 5 COUNCIL RESOLUTION NO. RESOLUTION OF THE CITl' COLTNCIL OF THE CITl' OF CHULA VISTA, APPROVING A DES]GN REVIEVJ PERMIT SUBJECT TO THE CONDITIONS CONTAINED HEREII�T FOR THE COLONY MIXED-USE PROJECT IN THE UC-1 ZONE OF THE URBAN CORE SPECIFIC PLAN AREA, CO?�TSISTING OF 162 RESIDENTIAL LTNITS AND 3,000 SQUARE FEET OF COMMERCIAL SPACE ON APPROXIMATELY 2.61 ACRES AND LOCATED AT 435 THIRD AVENUE I. RECITALS A. Project Site WHEREAS, the parcel of land ��hich is the subject matter of this Resolution is depicted in Eshibit "A", attached hereto and incorporated herein by this reference, and commonly known as The Colony; and for the purpose of general description herein consists of 2.61 acres locate at 43� Third Avenue ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS; a duly verified application for a Design Review Permit (DRG12-15) was filed with the City of Chula Vista Development Services Department by Sweetwater Union High School District ("Applicant" and "Owner"), for a 2.61-acre site consisting of 162 condominium units and one retail unit located at 435 Third Avenue; and C. Envirorunental Determination WHEREAS, The Development Ser��ices Director has completed a Secondary Study (IS- 12-002), in order to determine the project's consistency ��ith the Urban Core Specific Plan EIR (PEIR-06-01). Based on the environmental analysis contained within this Secondarv Study the proposed action will not have any significant effect on the environment other than as identified in the PEIR. In addition, the rezoning of the parcels to an Urban Core densih� of up to 60 du/acre ��as anal}�zed in the 200� General Plan Update EIR (EIR-OS-01) as part of the 2005 General Plan Update. The proposal is consistent �i�ith the analysis and conclusions of EIR-OS-01. Therefore, a negative declaration, subsequent environmenta] impact report, supplement to environmental impact report, or addendum to environmental impact report has not been prepared; and D. Consolidated Revie�v WHEREAS; this project is going through the consolidated review process, in accordance �vith the Consolidation of Processing regulations contained in n4unicipal Code Section 19.14.050(C). The decision to approve, conditionally approve, or deny the project has been consolidated to the highest decision maker; ��hich is the City Council; and 16-26 Resolution I�'o. 2013- Paee 2 E. Cin� Council Record on Applications �VI-IEREAS, a hearins time and piace ��as set b�� the City Clerk for consideration of the Project; and notice of the hearins; tooether «�th its pwpose, ��as oiven bv its publication in a ne«�spaper of eeneral circulation in the Citv and iu mailine to propert}� o��ners N�ithin �00 feet of the esterior boundarv of the Project, at least 10 davs prior to the hearing: and R'HEREAS, the dulv called and noticed public hearing on the Project was held before the Cin� Council on No�ember 19; 2013, in Citt� Council Chambers; 276 Fourth A��enue. at 2:00 p.m. to hear public testunonv. Said hearing ��as thereafter closed; and �T��I-IEREAS; the Citv Council revie�ved and considered the Desien Revie�� Permit (DRC- 12-1�). I�'O��', TIIEREFORE BE IT RESOLVED b}� the City Council of the Ci[y of Chula Vista that it does herebv find and determine as follows: II. ENVIRO\��ZENTAL REVIE�V That a Secondary Stud�� (IS-12-002) has been completed in order to determine project consistencv �vith the Urban Core Specific Plan EIR (PEIR-06-01). Based on the environmental anal}�sis contained �ti�ithin this Secondar}� Stud}�; the proposed actions will not ha��e any significant effect on the environment other than as identified in the PEIR. In addition, the rezoning of the pazcels to an Urban Core densin� of up to 60 du/acre ��as anal}�zed in the 200� General Plan Update EIR (EIR-0�-01) as part of the 200� General Plan Update. The proposal is consistent ��ith the anal}�sis and conclusions of EIR-0�-01. Therefore. a neeati�e declaration, subsequent environmental impact report, supplement to em�ironmental impact repon, or addendum to em�ironmental impact report has not been prepazed. III. DESIG\' REVIE�Y FINDINGS A. THAT THE PROPOSED PROJECT. AS CONDITIONED. IS CONSISTENT WITH THE DEVELOP?��NT REGULATIONS OF THE URBAN CORE tiGl SUBDISTRICT OF THE URBAI�' CORE SPECIFIC PLAN REGULATIO\'S. The proposed development is consistent 1r•ith the Urban Core Specifrc Plmi (UCSP) developme��t regulations for the UC-1 Subdistrict in terms of Floor .9rea Ratio (FAR), Building Height, Buildi�lg Stepback, Setbacks, Oper� Space Requiremer:ts, Land Use, and Parking. However, some development ezceptions are requested. Due ro the incorporation of Urban Amenities, such as Streetscape Improvements. I�ertical Mired- Use in a Transit Focus dreq m�d Enclosed Parking, dzese ezceptions are justified The applicant has requested development exceptions from the maximum alloti+�able lot coverage of 80% ro 88%, from �he minimum Streehrall frontage of 80% (80% of the Streenvall is ivithi�a I-4 feet of the property line), and from Stepback reyuirenaerats of 1.5' (balconies are stepped back an average of I.i' a��d elevator shafi a�td ca•ner units encroach). Chapter I%LI of the UCSP specifres that developme�at exceptions !o die land use and development regulations mm� be authoriaed if certair7 findings a�•e made, os identified below: 16-27 Resolution No. 2013- PaQe 3 1. The proposed development will not adversely affect the Qoals and objectives of the Specific Plan and General Plan. V The goals and objectives ofthe SpeciTc Plan and General Plan are not adversely affected by minor de>>elopment exceptions in IoI coverage, Buildii�g Stepbacks and Sh�eehrall Fro�atage. Tl�e deniatioras are beir�g mitigated 1+�ith Urbun Amenities eracou��aged in lhis h�ansit focus area of the Urba�7 Core. The buildirag i+-il1 feature articulated u alls, color varie7y, different f nish textures a�zd stepped facades to n7aintaira proper scale 1>>itli i�s sur�•oiaadiiigs. Exterior buildir�g planes are offset both verticully a��d horizontally alo��g t/ae site peri»�eler•. A Stepback oflhe buildi»g at the second storv is bi•oken or71y bv the elevator shaft, corrier elements and balconies, i>>hich ore�•look the street and separate buildi�vg mass. S/orefi�o�tt windoi+�s and avvnifags help redi�ce building naassing to a l�rm�un-scale ar�d 11-foo� 1>>ide sidela;alks alo�7g Third Ai�ei�ue and 8 foot tiride side��alks along Ah-urado Sh•eei aiad Church Avei�ue provide un enhanced pedestrian experience, adheri�ag to tlae UCSP goals for pedestr•iai� orier�lutior7. 2. The proposed development will comply with all other regulations of the Specific Plan. No olher devia�ions fi•om 11Te UCSP regzdutions ure being requested. 3. The proposed development ��ill incorporate one or more of the Urban Amenities Incentives in section F - Urban Amenities Requirements and Incentives, of this chapter. Tlae proposed denelopment x�ill proride "Urbun.Ameniiies" such as Streetscape bnpronenae�7ts, inith neN� sidewalk, landscape and lightinc ir� acco��dance with the Third Arenue Sh�eetscape Master Plan; Vei7ical A4ixed-Use (Residential over Connnercial) lvilhin 500 feet of a Transit S�ation (Futtn�e Bus Rapid T�•ansit slop at Third und H). mid Enclosed Parking —providi�ag just oi�er h+�o yarking spaces per inait irithin tl�e building sh�ucture. 4. The eaception 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 H�ith the Specific Plan development regulations. The exceptioris are appropr•iate i�1 this T��ansit Focus Area of the Urbun Core District a»d N�ill result in a bet�er desig�a, pronidi�7g a more pedesh•ian-o�•iented street fi�oralage, easy access to n�a�7sit a��d ge�aer•ous parking for residents arsd tl�eir guests. 1�[�id�out the exceptions to Iot corerage, Building Stepback and Sh�eehvall Frontage, 1he applicant ia�ould f7ot be uble to achieve the number of resider�tiul amits suitable to dais n-ansit-accessible Iocalion. B. THE DESIGN FEATURES OF THE PROPOSED DEVELOPMENT ARE CONSISTEI�TT WITH, AND ARE A COST-EFFLCTIVE METHOD OF SATISFYING 16-28 Resolution No. 2013- Pase 4 THE DESIG?�T �� DEVELOPNIE\TT STAi\'D.ARDS OF THE URBAI�i CORE liGl SUBDISTRIC? OF THE liRBAI�i CORE SPECIFIC PLAI�'. The project is i�a compliar�ce tirith the des o�n and developme�at stm�dards of d�e Urbon Core UC-1 (Transit Focus .4rea) Subdistrict. E�lhunced architectural details are proposed alo�7g the s�reet ele»ations mzd d�e layout of the sire provides for a pedesmian oriented street frontage; per �he UCSP. .4 total of 1 i9 parking spaces are required, and tlae project proposes to provide 333 spaces, ivhich ir•ill proi-ide additional parking for reside�zts and their o ests. The tolal building height is 7.i-ft, tivhereas the mazimun: buildir�� height per the UGI Subdistrict development standards is 84-fi. The project 1��ould be consistent x�ith the development standards for floor area ratio: setbacks and oper7 space. IV. CONDITIONS OF APPROVAI, FOR DESIGN REVIE�1' PERD7IT A. THE FOLLO\'�'L'�G SHALL BE ACCOMPLISHED TO THE SATISF.ACTION OF THE DEVELOP?�gNT SERVICES DIRECTOR; OR HIS DESIGNEE; PRIOR TO ISSUAI�TCE OF BUILDII�rG PERI�4ITS. U1'LESS OTHERVdISE SPECIFIED. 1. The conditions herein imposed on the Design Re��ie��= appro��al herein contained aze approximatel}� proportional both to the nature and e�tent of impact created by the proposed development. Unless othenvise specified, all conditions and code requirements listed belo«- shall be fullv completed by the Applicant, O��ner or Successor-in-Interest to the Cin�'s satisfaction prior to appro��al of the Final T4ap, unless othen��se specified. Planning Di�'ision 2. Prior to; or in conjunction with the issuance of the firsi buildins permit; pa}� all applicable fees, includine any unpaid balances of pernut processing fees for deposit account DQ-1703. 3. Prior to the approval of building permits, the colors and materials specified on the building plans must be consistent ��ith the colors arid materials sho��m on the site plan and materials boazd appro��ed by the Ciry Council on No��ember 19, 20li, or as subsequently modified in accordance �rith theu direction. 4. All eround mounted utiliri- appurtenances such as transformers; AC condensers, etc., shall be located out of public vie�� and adequately screened through the use of a combination of concrete or masonrv «�alls. berming; andlor landscapins to the satisfaction of the Director of Development Semices. � �. All roof appurtenances, includina air conditioners and other roof mounted equipment andlor projections_ shall be shielded from ��ie�� and the sound buffered from adjacent properties and streets as required by the Development Sen�ices Director. Such screeninQ shall be azchitecturallv inteerated „�ith the buildin� desi�n and constructed to the satisfaction of the Development Services Director. 16-29 Resolution No. 2013- Page 5 6. A eraffiti resistant treatment shall be specified for all «-all and building surfaces. This shall be noted for an}� buildine and wall plans and shall be revieN�ed and approaed by the Development Services Director prior to the issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.03� of the CVn4C reearding graffiti control. 7. All eaterior lighting shall include shielding to remove any �lare 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 Development Sen�ices Director; prior to the issuance of the first building permit. 8. The Applicant shall implement to the satisfaction of the Development Services Director and the City Engineer the mitigation measures identified in the Environmental Impact Report for the UCSP (PEIR-06-01) and associated Mitigation Monitoring and Reporting Program. - _ Land De��elopment Engineering/Landscape Architecture 9. Prior to the issuance of the first building permit, the Applicant shall pay all associated development impact fees to the satisfaction of the Development Sernices Director, including: a. Se�ver Com�ection and Capacity Fee b. Traffic Signal Fee c. ��'estem Transportation Development Impact Fee d. Public Facilities Development Impact Fees e. Other Engineering Fees as applicable per Master Fee Schedule ]0. The Applicant shall be required to pa,y additional deposits or fees in accordance with the City Subdivision Manual, and h4aster Fee Schedule ��ith the submittal of the follo��in� items: a. Grading Plans b. Street Improvement Plans c. Tentative Map, Final Map 11. Park obligations shall be met per Chapter 17.10 prior to the issuance of the first Building Perniit unless waived. 12. Prior to issuance of the first building permit the applicant must demonstrate compliance with the Uniform Building Code, minimum sewer grade (2%) from the farthest unit in the site to the sewer main in Third Avenue. 13. The Developer shall obtain a Land Development Permit prior to beginnin� any earth�vork activities at the site and before issuance of Building Permits in accordance �i�ith D4unicipal Code Title 15.05. Developer shall submit Grading Plans in conformance ��ith the Cit}�'s Subdivision Manual and the City's Development Storm Water Manual requirements, induding, but not limited to the following: 16-30 Resolution?�'o. 2013- Pase 6 a. Gradins Plans shall be prepazed by a re2istered Civil Engineer and approved b}� the Cin� Ensineer. b. Drainaee Stud}� and GeotechnicaUSoils Investigations aze requued �j�ith the first submittal of Grading Plans. The Drainaee Stud} shall calculate the Pre- Development and Post-De��elopment flo��s and show° ho«- do�nstream properties and storm drain facilities aze impacted. Desien shall incorporate detention of storm «ater runoff if Post-Development flo�•s exceed Pre-Development flows; anal��sis shall include flo�;�s from 2 vr; 10 yr, and �0 ��r retum frequenc}� storms. c. Drainage srudv shall also demonstrate that no propem damage �vill occur during the ]00-��eaz storm event. d. Drainaee stud�� shall sho�ti�anv offsite flo��s. e. All onsite drainage facilities shall be private. f. Anv offsite �vork �vill require Letters of Permission from the propem o«ner(s). 1�. The Applicant shall provide n+°o copies of the follo��ine technical repons ��ith the 15t submittal of gradins plans: a. Drainaee smdv b. «'ater Qualin• Technical Report 1�. The Applicant shall compl}� ��ith the follo��ne regulations for retauune «�alls prior to the approval of a gradin2 permit. a. All retaining �valls shall be noted on the gradine plans and include a detailed N�all profile. b. Structural «all calculations aze required if �valls aze not built per San Dieso Regional Standard Dra��ines, or Cit�� of Chula Vista Construction Standards CVCS-30 thru 40, and if fences are to be placed on top of retainins ��alls. c. Retaining ��alls that ��ill be part of a building �vail must be appro��ed as part of the building pemvt for the project. d. Retaining «alls around trash bin (if anv) shall be noted on the �rading plans and called out per standazd. e. Detail how retainine �vall drains tie into the drainase s��stem. 16. The project shall compl�� tt� all requirements of the Chula Vista Development Storm ��'ater D4anua1 (Storm �l'ater n4anual) for both construction and post- construction phases of the project. Prior to buildin� permit appro�al, documentation shall be pro�ided, to the satisfaction of the Cit}� Engineer or desianee, to demonstrate such compliance. 17. Development of this project shall comply �vith all requirements of State \'�'ater Resources Controi Board (S«�RCB) NPDES General Permit No. CAS000002, �Vaste Dischazge Requirements for Dischazges of Storm \1'ater Runoff Associated ��ith Construction Activin; and an}� subsequent re-issuances thereof. In accordance «�ith said Permit, a Storm ��ater Pollution Pre��ention Plan (S��'PPP) and a A4onitorine Program Plan shall be de��eloped and unplemented concurrent ��ith the 16-31 Resolution No. 2013- Page 7 commencement of gradin� activities. The SWPPP shall specify construction structural and non-structural pollution prevention measures. 18. 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. 19. Prior to issuance of any Grading or Building Permits, whichever occurs first, o�mer must enter into a Storm Water D4ana�ement Facilities Maintenance Agreement to perpetually maintain private Best Manaeement Practices (BMP's) located within the project. 20. Prior to issuance of the grading permit for the project, a complete and accurate Notice-of-Intent (NOI) must be filed with the SRWCB. A copy of the ackno��ledgement fro�v the SRWCB that a NOI has been received for this project shall be filed with the City of Chula Vista when received. Further, a cop}� of the completed NOI from the SRWCB showing the Permit Number for this project shall be filed ��ith the City of Chula Vista��hen received. 21. Permanent storm ��ater requirements, including site design, source control, treatment control, and hydro-modification control BMPs, all as sho�m in the approved Water Quality Technical Report (WQTR), shall be incorporated into the project design; and shall be sho��n on the plans. Provide sizing calculations and specifications for each BMP. Any structural and not-structural BMP requirements that cannot be sho��n graphically must be either noted or stapled on the plans. 22. 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 follo��ing work in the Cit}�'s right-of-way «�hich may include, but is not limited to: a. Installation of curb, gutter, and side�i�alk per SDRSD G-3 along the project's frontage. Sidewalk shall be designed and constructed �vith proper transitions to ezisting conditions. b. lnstallation of all driveway(s) meeting design standards as shown in Chula Vista standard detail CVCS-lA. Dedication of R/W as needed in order for drive��ay to comply with American Disability Act (ADA) requirements. c. Installation of pedestrian ramp on the corner of Third Avenue and Alvarado Street, per Chula Vista Construction Standazds CVCS-25. d. Installation of 2 se�ver manholes per SDRSD S-2 is required at the connection of the 8" se��er laterals to the main public sewer line. e. Installation of all se�ver laterals per SDRSD S-13. £ Trenching and restoration of utilities per CVCS-3 & 4. g. Replacement of public improvements (to include 8' side��alk) and addition of six street trees in the adjacent right-of wa}' on Church Avenue, in accordance with Chula Vista Landscape D�anual. 16-32 Resolution tvo. 2013- Paee 8 h. Construction of rn�o pedesu-ian ramps and addition of n�o pedestrian crossing signs at the southern ternunus of Church A��enue north of the project's pri��ate dri��e��a��. in accordance with Cin�reeulations. 23. All utilities servino the proposed project shall be undereround pursuant to CV?�4C 1�.32. 2�. Sepazate permiu for other public utilities (eas, electric; ��ater, cable, telephone) shall be obtained as necessar��. Z�. Anv unprovements in the right-of-w�a}� bevond the project limiu shall be designed and constructed as to not interfere N�th adjacent businesses, as approved by the City Enoineer. 26. The construction and completion of all improvements and release requirements shall be secured in accordance with Section 15.16.220 of the Municipal Code. 27. An}� existina se��er laterals and storm drain connections that aze to be used bv the ne�� development shall be inspected by the Public �Vorks Operations Section and replaced as needed. 28. The onsite sewer and storm drain svstem shall be pri�ate. All se��er laterals and storm drains shall be privately maintained from each buildin� unit to the Cin- maintained public facilities. 29. All proposed side«�alks; ��alk��a�s, pedestrian ramps, and disabled pazkine shall be designed to meet the Ciri� of Chula Vista Design Standazds. ADA Standards, and Title 24 standards, as applicable. 30. Prior to Final A4ap; Grading or Street Impro�ement Plan appro��al, the 0«mer/Applicant shall upload copies of the Street Impro��ement Plan, Gradins Plan. Final A4ap and Site Impro��ement Plan in digital format such as AutoCAD D��'G or DXF (AutoCAD ��ersion 2000 or above). ESRI GIS shapefile; file. or personal eeodatabase (.ArcGIS version9.0 or abo��e). The files should be transmitted directl�� to the GIS section using the Cit��'s digital submittal file upload website at http:/h��.chula��istaca.eo��/eoto/GIS. The data upload site onl}� accepts zip formatted files. 31. Prior to approval of the Final A4ap the Applicant shall provide CCRRs to the Citv Eneineer, Cin� Attomey and Development Services Duector for re�ie"� and approval. The CCc£Rs shall include the follo��ine: a. Indemnification of Citt� for pri��ate se�a�er spilla�e. b. Listing of maintained pri��ate facilities c. The Cih-'s rieht but not the oblieation to enforce the CC3Rs d. A4aintenance�of all ��alls_ fences. liehting structures, paths; recreational amenities and structures. se�vaee facilities. drainase strucmres and landscapine. 16-33 Resolution I�'o. ZOl3- Page 9 e. lmplement education and enforcement program to prevent the discharge of pollutanu from all on-site sources to the storm water conve}�ance system. 32. The CC&Rs shall be consistent ti�ith Chapter 18.44 of the Subdivision Ordinance, and shall be recorded concurrently with the Final Map. 33. All utilities serving the property and existing utilities located within or adjacent to the property shall be undergrounded in accordance with the Chula Vista Municipal Code Section prior to the issuance of Building Permit. 34. Concurrent �vith building permit submittals, tl�e Applicant shall provide detailed landscape and irriaation plans prepared by a registered landscape architect for re��iew and approval. Plans shall be prepared per Landscape manual; UCSP and CVMC requirements. EYisting landscape that is to be reinstalled must utilize drought tolerant landscaping in compliance with Chapter 20.12 of the CVMC. No turf shall be used. The "Concept Design StatemenY' must include a reference to Chula Vista Landscape R'ater Consen�ation Ordinance. 35. Concurrent with building permit submittal, provide a detailed open space eshibit and accompan}�ing landscape plans that clarif}� the construction details for each of the open space areas identified on said exhibit. Said exhibit and plans shall be in substantial accord with those approved by City Council on November 19, 2013. 36. An encroachment permit is required for all structures located ��ithin City right-of-ti�a} and easements prior to Building Permit issuance. 37. Applicant shall obtain appro��al of street addresses to the satisfaction of the Development Sen�ices Director. Building 38. Building permit applications submitted on or afrer January I, 2011 shall comply ��ith the folloN�ing building codes and any other applicable regulations: a. 2010 Edition of the California Building Code as amended and adopted by the Cit}� 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 Califomia Plumbing Code as amended and adopted by the City of Chula Vista (Municipal Code Chapter 1�.28); d. 2010 Edition of the Califomia 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 (A�unicipal Code Chapter 15.36); and f. 2010 Edition of the California Green Building Standards as amended and adopted by the City of Chula Vista. Fire 16-34 Resolution No. 2013- Paoe 10 39. Prior to the appro�al of anv building permit, the Applicant shall pro��ide a water flow letter from the applicable ��ater aoenc}° having jurisdiction indicating fire flo�� is a��ailable to serve this project. 40. Prior to approval of the first buildine permit the Applicant shall provide a �a�ater suppl}� anal}�sis (technical report) to the Chula Vista Fire Department for revie„� and approval. This report shall be a node to node analysis usine the Hazen-��'iliiams formula. The anal}�sis shall sho�i that the required fue flo� is available at the hydranu and that simultaneousl��_ the sprinkler demand is ati�ailable at the most demand spriiil:ler riser. 41. Fire H}�drants shall be located not �reater than 300 feet apart. The minimum fire hydrant size shall be: 6" s 4" a 2" % � 2 %Z'. 8 hydrants are required to serve this project. 42. Prior to any construction; all Fire Department access and ��ater supply need to be installed. 43. Prior to occupanc}�, an automatic fire sprinkler and fire alarm s}stem �ti�ill be required to be installed per the Fire Departments reeulations. The Applicant shall mitigate the restricted access to the property in several ��ra}'s including; but not limited to: a. Installation of a I�'FPA 13 fire sprinkler system throughout the building. b. Upgrades to the sprinkler and alazm svstem as identified bv a fire consultant and approved to the satisfaction of the Fire Department. Public R'orl:s 44. Prior to the appro��al of the first building permit the Applicant shall develop and submit a "Recvclina and Solid Waste Mana2ement Plarr` to the Conservation Coordinator for revie�� and approval as a part of the permit process. The plan shall demonstrate those steps the applicant �vill tal:e to compl}� �vith the CVA4C, includins but not limited to Section 8.24. 8.2�. and 19.�8.340 and meet the State mandate to reduce or divert at least �0% of the «�aste eenerated by the residential de��elopments. The applicant shall co�tract ��ith the Cit��'s franchise hauler throughout the construction and occupancy phase of the project. The "Rec}-cling and Solid \'�'aste n4ana�ement Plan- features shall be identified on the buildine plans. 4�. Prior to the appro<<al of the first buildine permit; the Applicant shall submit the required performance deposit fee. B. THE FOLLO\VI\iG ON-GOII�iG CONDITIONS SHALL F.PPLl' TO THE PROJECT SITE AS LONG AS IT RELIES O\' THIS APPROVAL: 1. 7�he site shall be de��eloped and maintained in accordance �ti�ith the appro��ed plans, ��hich include site plans; floor plan, and elevation plan on file in the Plannina Di��ision. the conditions contained herein. and Title 19. 16-35 Resolution I�io. 20li- Page 1 ] 2. The Applicant shall install all ]andscaping and hazdscape improvements in accordance with the approeed 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 O��mer and Applicant shall and do agree to indemnify, protect; defend and hold harmless Cit��; its City Council members, officers, employees and representatives, from and aeainst any and all liabilities, losses, damages, demands, claims and costs, including court costs and attomey'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) Cit}�'s approval or issuance of any other permit or action, whether discretionary or non-discretionary, in coimection with the use contemplated on the Project Site. The Property O��mer and Applicant shall ackno��ledge their agreement to this provision by executing a copy of this Design Revie«� Permit Resolution u�here indicated below. The Property Owners and Applicanrs 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 yeazs from the effective date thereof, in accordance with Section 19.14.260 of the CVMC. Failure to comply with any conditions of approval shall cause this permit to be revie��ed by tlie City for additional conditions or revocation. V. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and an}� such protest must be in a inanner that complies with Section 66020(a) and failure to follow timely this procedure ��ill bar any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication; reservations, or other exactions �vhich have been given notice similar to this, nor does it revive challenaes to any fees for��hich the Statute of Limitations has previously expired. y VI. EXECUTION OF RESOLUTION OF APPROVAL The Propert�� O�vner and tUe Applicant shall execute this document by signing the lines provided belo«�, indicating that the Property Owner and Applicant have each read, understood, and aareed to the conditions contained herein, and will implement the same. Upon execution; this document shall be signed a��d returned to the Project A4anager in the City's Development Ser��ices Department. The Property O�mers and Applicanrs 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 Cit}� Attomey. Failure to return the signed copy of 16-36 Resolution?vo. 2013- Paee 12 this Resolution H-ithin thin}� days of the effecti��e date hereof shall indicate the Applicant's or Propert}� 0«mer's desire that the project, and the corresponding application for buildina permits andlor a business license; be held in abevance «�ithout approval. Applicant: Thomas J. Calhoun; CFE Date S�reem�ater Union Hieh School District Property O��ner: Thomas J. Calhoun, CFE Date S��een��ater Union Hieh School District �TI. CONSEQUENCE OF FAILURE OF CO\'DITIONS If any of the foreeoing conditions fail to occuc or if thev are, by their terms; to be implemented and maintained over tune. if any of such conditions fail to be so implemented and maintained accordine to their terms, the City shall have the right to re��oke or modif�� all approvals herein aranted, den��, or further condition issuance of all futwe building permiu; den}�; revoke, or fiuther condition all certificates of occupancv issued under the authorirv of approvals herein granted; institute and prosecute litieation to compel theu compliance ��ith said conditions or seek damages for theu ��iolation. The Applicant shall be notified ten (10) days in advance prior to any of the above actions beine taken b�� the City and shall be Qi��en the opportunin� to remed}� any deficiencies identified by the City �+�ithin a reasonable and dili�ent time frame. VIII. IlVVAI,IDITI'; AUTOA'IATIC RE�'OCATION It is the intention of the Cit�� Council that its adoption of this Resolution is dependent upon the enforceabilit}� of each and every term: pro��ision and condition herein stated; and that in the event that anv one or more terms, provision; or conditions aze determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable; this resolution shall be deemed to be automaticall�� revoked and of no further force and effect. BE IT FUR"I�IIER RESOLVED bv the Cit�� Council of the Cirv of Chula Vista_ that based on the findines and conditions of appro��al as set forth abo�e, the Cit} Council herebv approves the subject Desion Revie��Permit. Presented b��: Approved as to form bv: � �_ Kellv Brouehton en ooeins Director of De��elopment Services City Attome}� 16-37 Resolution I�io. 2013- Paee 13 ,�� a � � � , a � > � ,= � ,�, � r ; y � F 55 � � � ^ SZ 1 � ��y' C�7R� � ' ,� �S •� y�f �G4.NSE � ;;�� \ ' � �s � xo F 5 � �c J �� '�/ � � q D ��s PI*��J� C1 � Z 1 �� , � 5 'S yL ^ \ � 1 ` � �., `� t � n PROIECT \ � LOCATION �SY � cG � $� � � m � �' � ��I*� � / O< p� /� �� , Y, \ y 9 LOCATOR � 5 � `5, P � S ��m �NORTH � � � � DRC-12-1 S 16-38 A��hrne�rf G COUI�TCIL RESOLUTION NO. RESOLliTION OF THE CITY COUI�'CIL OF THE CITI' OF CHULA VIST.A, APPROVII�'G A TEI�TTATIVE MAP SUBJECT TO THE CONDITIONS CONTAINED HEREIN FOR THE COLONY ?�4A'ED-USE PROJECT II�' THE liC-1 ZOIvE OF THE URB.��T CORE SPECIFIC PLA_�' AREA. TO CONIBIi�TE NIULTIPLE PARCELS II�'TO ONE FOR 162 CONDOA�II�TIUI�4 UIvITS AND ONE COn��ERCIAL UIvIT OI�' APPROXID4ATELY 2.61 ACRES LOCATED AT 43� THIRD AVE\'LiE I. RECITALS A. Project Site R'HEREAS, the parcel of land ��hich is the subject matter of this Resolution is depicted in E�hibit `:A", attached hereto and incorporated herein by this reference, and commonly kno��n as The Colonv, and for the purpose of eeneral description herein consists of 2.61 acres locate at 43� Third Avenue (`�Project Site`); and B. Project; Application for Discretionaz}� Appro��al �VHEREAS, on October 23; 2012, a duly �erified application for a Tentative Subdivision A4ap (PCS-12-06), �i�as filed with the Ciq� of Chula Vista Development Services Department bv S«�eeh��ater Union Hiah Schoo] District ("Applicanr' and "O��ner"), for the subdivision of a 2.61-acre site into one lot consistine of 162 condominium units and one retail unit located at 43� Third A��enue: and C. Environmental Determination WHEREAS; The Development Semices Director has completed a Secondary Study (IS- 12-002), in order to determine the project's consistencti- ��ith the Urban Core Specific Plan EIR (PEIR-06-01). Based on the environmental analysis contained ��ithin this Secondan� Srud}� the proposed action ��ill not ha��e an� significant effect on the environment other than as identified in the PEIR. In addition. the rezonine of the parcels to an Urban Core densin� of up to 60 du/acre ��as anal}�zed in the 200� General Plan Update EIR (EIR-0�-01) as part of the 200� General Plan Update. The proposal is consistent ��ith the anal}�sis and conclusions of EIR-0�-01. Therefore; a neeative dedaration, subsequent en��uonmental impact report, supplement to em�ironmental impact report, or addendum to em-ironmental impact report has not been prepared; and D. Consolidated Re��ie�� 4'HEREAS; this project is eoins through the consolidated revie«� process; in accordance �rith the Consolidation of Processino regulations contained in n4unicipal Code Section 19.14A�0(C). The decision to approve, conditionallv approve, or den�� the project has been consolidated to the hiehest decision maker. «hich is the Cirv Council: and 16-39 Resolution I`TO. 2013- PaQe 2 E. Cit}�Council Record on Application WHEREAS, a hearing time and place ��as set by the Cit}� Clerk for consideration of the Project; and notice of the hearing, together N�ith its purpose, was eiven b}� its publication in a newspaper of general circulation in the City and its mailine to property o��mers within 500 feet of the exterior boundar}� of the Project; at least ]0 days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council on November 19, 20li; in City Council Chambers; 276 Fourth Avenue, at 2:00 I p.m. to heaz public testunony. Said hearing «�as thereafter closed; and WHEREAS, the City Council revie�ved and considered the Tentative Map (PCS-12-06). i�iOW, THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista that it does hereby find and determine as follo�e�s: II. TENTATIVE SUBDIVISION MAP FINDINGS � A. Pursuant to Govemment Code Section 66473.5 of the Subdivision Map Act, the Cih� Council finds that the Tentative Subdivision Map, as conditioned herein for the 43� Third Avenue Project; is in conformance ��ith the elements of the City's General Plan; based on the follo«�ing: 1. Land Use and Circulation The General Plan land use designation is Mi�ed-Use in a Transit Focus Area in the Urban Core (28-60 dwelling units per acre). The proposed subdivision will be developed at a density which is within the allowable density and permitted number of dwelling units. The project fronts on Third Avenue, and all related street and other public improvements required to serve the project either exist or �vill be provided in accordance �vith the conditions of approval. Projects proposed for westem Chula Vista are required to pay the Westem Transportation Development Impact Fee prior to building permit issuance, to pay their share of costs associated with future road construction and capital improvements. 2. Economic Develooment The Project �i�ill provide 162 new, high-quality, energy-efficient multi-family homes and 3,000 square feet of commercial space that will enhance the image and appearance of Third Avenue, provide customers for the urban core businesses; and create jobs related to construction that will benefit the local economy. Approval of the Project ��-ill help achieve the General Plan objectives that seek to promote a variety of job and housing opportunities to improve the City's jobs/housing balance, provide a diverse economic base, and encourage the growth of small businesses. 3. Public Facilities and Services The Project site is located in the attendance area of the Rosebank Elementary School, within the boundaries of the Chula Vista Elementar}� School District The Project is also within the attendance area of Hilltop Middle School and Hilltop High School; 16-40 Resolution No. 2013- PaQe 3 ��ithin the S��een;�ater Union Hieh School District. Both school districts responded that thev ��ouid be able to accommodate the additional students 2enerated b�� the Project; and that the schools N�ould not be ad��erselti� impacted b} the approval of the Project. 11�e project site is �;�thin the boundaries of the City of Chula V1SI3 N�aste�ti=ater sen�ices area. Ne�i� sewer laterals are proposed to senice the property. A Se��er Analvsis ��as completed for the project b} Atl:ins North America, Inc. Based on the model simulations; there are no capacin� deficiencies alona the G Street Trunl: Se�er. ?�'o ad��erse impacu to the City`s se�ver s��stem or City's se«er threshold standards �cill occur as a result of the proposed project. The Project has been conditioned to ensure that all necessarv public facilities and services ��ill be available to serve the Project concurrent �iith the demand for those services. The Cirv Eneineer, Fire and Police Departments have reviewed the proposed subdivision for conformance «ith Cirv safet�� policies and have determined that the proposal meets those standazds. The Project has been conditioned to pav pazk acquisition and development fees prior to issuance of buildine permits. Project construction �vill be required to complv «�ith the 2010 Califomia Green Buildina Standazds, the Cin�'s Green Buildine Standards and the City's Enerey Efficiency Ordinance; and therefore ener��-efficient homes ��ill be developed. 4. Housine The Project is consistent with the densiri� prescribed �vithin the Transit Focus Area designation of the General Plan and the UC-1 subdisvict of the Urban Core Specific Plan; and will provide additionai opportunities for high-quality; market-rate multi- family residences in the Cin�'s Urban Core. �. Gro��th A4anasement The Project is in compliance ��°ith applicable Gro�i4h �4anaQement Element requirements because it is an infill project that ��ill be served bv existing public infrastructure. There are no public service, facility; or phasing needs that ��arrant the preparation of a Public Facilities Financina Plan. 6. Environmental That a Secondan• Stud}� (IS-12-002) has been completed in order to determine project consistency �i-ith the Urban Core Specific Plan EIR (PEIR-06-01). Based on the environmental analvsis contained ��ithin this Secondarv Smdv; the proposed actions ��ill not ha�e anv sienificant effect on the environment other than as identified in the PEIR. ln addition, the rezoning of the parcels to an Urban Core density of up to 60 dulacre ��as analyzed in the 200� General Plan Update EIR (EIR-0�-01) as part of the 200� General Pian Update. The proposal is consistent «ith the anal}�sis and conclusions of EIR-0�-01. Therefore; a negative declaration, subsequent en��ironmental impact report, supplement to em�ironmental impact report, or addendum to environmental impact report has not been prepazed. 16-41 Resolution No. 2013- Paee 4 B. Pursuant to Government Code Section 66473.1 of the Subdi��ision Map Act the configuration, orientation, and topography of the site allows for the optimum siting of ]ots for natural and passi��e heating and cooling opportunities and that the deaelopment of the site will be subject to site plan and architectural revieti� to ensure the ma.�imum utilization of natural and passi��e heating and cooling opportunities. C. Pursuant to Govemment Code Section 66412.3 of tlie Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the re�ion and has balanced those needs against the public sernice needs of the residents of the Cit}� and the available fiscal and environmental resources. D. The site is physically suited for mised-use de��elopment because it is graded, level; and vacant, and is sunounded by existine public streets; as well as commercial and residential development. As conditioned, the Project conforms to all standards established by the City for a mixed-use development. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. III. TENTATNE MAP GENERAL CONDTTIONS OF APPROVAL A. PROJECT SITE IS IMPROVED WITH PROJECT. The Applicant, or his/her successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, kno�vn as The Colony, Chula Vista Tract No. 12-06, located at 43� Third Avenue. N. SPECIAL CONDITIONS OF APPROVAL A. THE CONDITIONS HEREIN IMPOSED ON THE TENTATNE MAP APPROVAL HEREIN CONTAINED ARE APPROXIMATELY PROPORTIONAL BOTH TO NATURE AND EXTENT OF IMPACT CREATED BY THE PROPOSED DEVELOPMENT. LTNLESS OTHERWISE SPECIFIED. ALL CONDITIONS AND CODE REQUIRED4ENTS LISTED BELOW SHALL BE FULLY COMPLETED BY THE APPLICANT, OWNER OR SUCCESSOR-IN-II�'TEREST TO THE CITY S SATISFACTION PRIOR TO APPROVAL OF THE FINAL MAP, UNLESS OTHERWISE SPECIFIED: Planning I. The site shall be developed and maintained in accordance �i�ith the approved plans, �ahich 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 an}� unpaid balances of permit processing fees for deposit account DQ-1703. 3. Prior to the approval of building permits; the colors and materials specified on the buildin� plans must be consistent ��ith the colors and materials sho�vn on the site plan 16-42 Resolution?�o. 2013- PaQe � and materiais board approved b}� the Cin� Council on I�'ovember 19; 2013; or as subsequentl}� modified in accordance ��ith their direction. 4. All ground mounted utilin- appurtenances such as transformers, AC condensers: etc.; shall be located out of public �ie�� and adequately screened throush the use of a combination of concrete or masonr�� alls. berming, and/or landscaping to the satisfaction of the Director of Development Semices. �. All roof appurtenances; includine air conditioners and other roof mounted equipment and/or projections; shall be shielded from vie�� and the sound buffered from adjacent properties and streets as required by the Development Services Director. Such screening shall be azchitecturall� intesrated «2th the buildine desien and constructed to the satisfaction of the Development Sen�ices Director. 6. A eraffiti resistant treatment shall be specified for all ��ail and buildine surfaces. This shall be noted for an}� buildine and «�all plans and shall be reviewed and appro��ed b� the Development Sen�ices Director prior to the issuance of buildins permits. Additionallti�; the project shall conform to Sections 9?0.0» and 9.20.03� of the C\'A4C reeazdine eraffiti control. 7. All exterior liahtine shall include shieldine to remove an�� slare from adjacent residents. Details for said liahtins shall be included in the architectural plans and shall be re�ie��ed and appro��ed to the satisfaction of the Development Sen ices Director, prior to the issuance of the first building permit. 8. The Applicant shall unplement to the satisfaction of the De��elopment Services Director and the City En�ineer the mitigation measures identified in the Environmental Impact Report for the UCSP (PEIR-06-01) and associated A4itieation D4onitorina and Reportine Program. y Land De��elopment 9. Prior to the issuance of the first buildine permit the Applicani shall pay all associated development impact fees to the satisfaction of the Development Services Director, includine: a. Se�rer Connection and Capacit�� Fee b. Traffic Sienal Fee c. R'estem Transportation Development Impact Fee d. Public Facilities Development Impact Fees e. Other Engineering Fees as applicable per D4aster Fee Schedule 10. The Applicant shall be requued to pa}� additional deposits or fees in accordance n°ith the Cin Subdi��ision T4anual. and Master Fee Schedule ��ith the submittal of the follo��inQ items: a. Gradina Plans b. Sveei Impro��ement Plans 16-43 Resolution No. 20]3- Page 6 c. Tentative Map, Final Map 11. Park obliQations shall be met per Chapter 17.10 prior to the issuance of the first Building Permit unless waived. 12. Prior to issuance of the first building pem7it the applicant must demonstrate compliance ��ith the Uniform Building Code; minimum sewer grade (2%) from the farthest unit in the site to the sewer main in Third Avenue. L.i. The Developer shall obtain a Land Development Permit prior to beginning any earthwork activities at the site and before issuance of Building Permits in accordance with Municipal Code Title 1�.05. Developer shall submit Grading Plans in conformance with the City's Subdi��ision Manual and the City's Development Storm Water A�anual requirements, including, but not limited to the follo��ing: a. Gradina Plans shall be prepared by a registered Civil Engineer and approved by the City Engineer. b. Drainage Stud}' 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 sho�� ho�� do��nstream properties and storm drain facilities are impacted. Design shall incorporate detention of storm N�ater runoff if Post-Development flows exceed Pre-Development flows; analysis shall include flows from 2 yr, 10 yr, and 50 yr retum frequency storms. c. Drainage study shall also demonstrate that no property damage will occur during the ]00-}�ear storm event. d. Drainage study shall show any offsite flows. e. All onsite drainage facilities shal] be private. £ Any offsite ��ork will require Letters of Pem�ission from the property o�vner(s). 14. The Applicant shall provide t��o copies of the following technical reports with the l�l submittal of grading plans: a. Drainaee study b. R'ater Quality Teclmical Report 15. The Applicant shall comply with the follo��ing regulations for retaining walls prior to the approval of a grading permit. a. All retaining walls shall be noted on the grading plans and include a detailed ��all profile. b. 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 aze to be placed on top of retaining walls. 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 ��alls around trash bin (if any) shall be noted on the grading plans and called out per standard. 16-44 Resolution No. 2013- Paee 7 e. Detail hoN retainine ��all drains tie into the drainaee s��stem. 16. The project shall comply ��ith all requirements of the Chula Vista Development Storm V�%ater A4anua1 (Storm ��'ater A4anual) for both construction and post- construction phases of the project. Prior to buildine permit approval, documentation shall be pro��ided, to the satisfaction of the Ciri Engineer or desienee; to demonstrate such compliance. 17. Development of this project shall comply ti�ith all requirements of State «'ater Resources Conuoi Boazd (SV�'ItCB) \TPDES General Permit No. CAS000002. �Vaste Dischazge Requiremenu for Dischazges of Storm �1%ater Runoff Associated �vith Construction Acti�•iri�; and any subsequent re-issuances thereof. In accordance �cith said Permit; a Storm Vdater Pollution Pre�=ention Plan (S\�'PPP) and a A4onitorine Program Plan shall be de��eloped and implemented concurrent ��'ith the commencement of sradine activities. Tl�e S�'�'PPP shall specify construction structural and non-structural pollution prevention measures. 18. All on-site drainaoe inlets and catch basins shall be provided ��ith permanent stenciline and siQnage according to the City of Chula Vista Standazds to prohibit illesal discharee to the storm drain svstem. 19. Prior to issuance of any Grading or Building Permits; ��hiche��er occurs first, o��mer must enter into a Storm �Vater Management Facilities n4aintenance Aereement to perpetually maintain private Best D4anagement Practices (BA4P's) located ��ithin the project. 20. Prior to issuance of the eradin� permit for the project; a complete and accurate Notice-of-Intent (I�TOI) must be filed N�ith the SRV�%CB. A copy of the ackno��ledgement from the SR\4'CB that a NOI fias been received for this project shall be filed ��ith the Cit}� of Chula Vista �vhen recei�ed. Further, a copy of the completed I�'OI from the SR�4'CB showine the Permit Number for this project shall be filed ��ith the Citv of Chula Vista«=hen received. 21. Permanent storm ��ater requirements. including site desian; source controL veatment control, and h�dro-modification control BA4Ps. all as sho�in in the approved �'�'ater Quality Technical Report (\4'QTR), shall be incorporated into the project design; and shall be sho«r on the plans. Provide sizino calculations and specifications for each B?��IP. Anv structural and not-structural B\4P requuemenu that cannot be shoun graphicall}� must be either noted or stapled on the plans. 22. Prior to obtainina any Buildin� Permits; or approval of the Final Map, �rhichever occurs first, the applicant shall obtain a Construction Permit if the project's total on- site improvements exceed Eneineerine Threshold of CVA4C, Section 12.24.020; to perform the follo�+�ine ��'ork in the Cim's right-of-«�a�� hich ma}' include, but is not limited to: 16-45 Resolution No. 30li- Page 8 a. Installation of curb, wtter, and sidewalk per SDRSD G-3 along the project's frontase. Sidewalk shall be designed and constructed with proper transitions to existing conditions. b. Installation of all drivewa}�(s) meeting design standards as shown in Chula Vista standazd detail CVCS-lA. Dedication of public right-of-way (R/\�) as needed in order for driveway to comply with American Disabilit}� Act (ADA) requirements. c. Installation of pedestrian ramp on the corner of Third Avenue and Alvazado Street, per Chula Vista Construction Standards CVCS-25. d. Installation of 2 sewer manholes per SDRSD S-2 is required at the connection of the 8" sewer laterals to the main public sewer line. e. Installation of all se��er laterals per SDRSD S-13. £ Trenching and restoration of utilities per CVCS-3 R 4. g. Replacement of public improvements (to include 8' side��alk) and addition of sis street trees in the adjacent right-of way on Church Avenue, in accordance with Chula Vista Landscape D4anual. - h. Construction of two pedestrian ramps and addition of t��o pedestrian crossing signs at the southern terminus of Church Avenue north of the projecYs private drive�i�ay; in accordance with City regulations. 23. All utilities serving the proposed project shall be underground pursuant to CVMC 15.32. 2�. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be obtained as necessary. 25. Any improvements in the right-of-�i-ay beyond the project limits shall be designed and constructed as to not interfere with adjacent businesses, as approved b}� the City Engineer. 26. The construction and completion of all improveinents and release requirements shall be secured in accordance with Section 18.16.220 of the Municipal Code. 27. Any existing se��er laterals and storm drain connections that are to be used by the . new development shall be inspected by the Public R�orks Operations Section and replaced as needed. 2S. The onsite sewer and storm drain system shall be private. All se�ver laterals and storm drains shall be privatel}� maintained from each building unit to the City- maintained public facilities. 29. All proposed side��alks, walk�vays, pedestrian ramps, and disabled parking shall be designed to meet the City of Chula Vista Design Standazds, ADA Standards, and Title 24 standards, as applicable. 30. Prior to Final Map, Grading or Street Improvement Plan approval, the O��ner/Applicant shall upload copies of the Street Improvement Plan, Grading Plan, Final Map and Site Improvement Plan in digital format such as AutoCAD DR�G or 16-46 Resolution\'o. 2013- Pa�e 9 DXF (AutoCAD version 2000 or abo�re); ESRI GIS shapefile, file, or personal eeodatabase (r1rcGIS version9.0 or abo��e). The files should be transmitted d'uectiv to the GIS section usine the Cin's dieital submittal file upload �i�ebsite at http:/h�m��.chula�°istaca.sov/eoto/GTS. The data upload site only accepts zip formatted files. 31. Submit CCR Rs for review and approval by the Citv Eneineer; Cit}� Attome}� and De�elopment Semices Director prior to approval of the Final D4ap. The CCR Rs shall include the folio«ine: a. Indemnification of City for private se��er spillage. b. Listine of maintained private facilities c. The City's rieht but not the oblieation to enforce the CCR Rs d. Maintenance of all �valls, fences, liehting structures; paths; recreational amenities and structures_ se�cage facilities_ drainaee structures and landscapina. e. Implement education and enforcement program to pre��ent the dischazge of pollutants from all on-site sources to the storm «ater convevance s}�stem. 32. The CC&Rs shall be consistent ��ith Chapter 18.44 of the Subdivision Ordinance, and shall be recorded concurrently ��ith the Final A4ap. �3. All utilities serving the propem� and ewisting utilities located ��ithin or adjacent to the propem� shall be under �rounded in accordance with the Chula Vista A4unicipal Code Section prior to the issuance of Buildine Permit. 34. Concurrent �iith buildin2 permit submittals; the Applicant shall pro��ide detailed landscape and irrigation plans prepared by a registered landscape azchitect for review and approval. Plans shall be prepared per Landscape manual, UCSP and CV\4C requirements. E�:istins landscape that is to be reinstalled must utilize drought tolerant landscaping in compliance ��ith Chapter 20.12 of the CVA4C. \'o turf shall be used. The "Concept Design StatemenY' must include a reference to Chula Vista Landscape �'�'ater Conservation Ordinance. 3�. Concurrent ��ith building permit submittal, pro��ide a detailed open space eshibit and accompan}�in2 landscape plans that clarifi� the construction details for each of the open space areas identified on said e�hibit. Said e�hibit and plans shall be in substantial accord ti ith those appro�ed by Cit}� Council on�'ovember 19; 2013. 36. An encroachment permit is required for all structures located ��ithin City riaht-of-H�a}� and easements prior to Building Permit issuance. 37. Applicant shall obtain appro��al of street addresses to the satisfaction of the De��elopment Services Director. 16-47 Resolution I�'o. 2013- Page 10 Building 38. Building permit applications submitted on or after Januan� 1, 2011 shall compl}� with the following building codes and an}�other applicable regulations: a. 2010 Edition of the California Building Code as amended and adopted by the Citi� of Chula Vista (b4unicipal Code Chapter 15.08); b. 2010 Edition of the California A4echanical Code as amended and adopted by the City of Chula Vista (Municipal Code Chapter 1�16); c. 2010 Edition of the Califomia 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 Cit}� 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 _ _ £ 2010 Edition of the California Green Building Standazds as amended and adopted by the City of Chula Vista. Fire 39. 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 flo�v is available to serve this project. 40. Prior to approval of the first building perniit, the Applicant shall provide a «�ater supply analysis (tecluiical 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 floti� is available at the hydrants and that simultaneously, the sprinkler demand is available at the most demand sprinkler riser. 41. Fire Hydrants shall be located not greater than 300 feet apart. The minimum fire hydrant size shall be: 6" x 4" x 2" %s x 2 '/z". 8 hydrants are required to sen�e this project. 42. Prior to any construction, all Fire Department access and water supply need to be installed. 43. 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 ��ays including, but not limited to: a. Installation of a NFPA 13 fire sprinkler system throughout the building. b. Upgrades to the sprinkler and alann system as identified by a fire consultant and approved to the satisfaction of the Fire Department. 16-48 Resolution?vo. 2013- Paee 11 44. Emereenc}� Vehicle Access shall be maintained through the project drive��a�� and to the southern drnewa}� entrance of the adjacent propen}� at �3� Church A��enue. in accordance �;�th Chula Vista Fire Department Regulations. Public R'orl:s 4�. Prior to ihe approval of the first building permit the Applicant shall de��elop and submit a "Rec}clins and Solid �Vaste D4anagement Plan' to the Consen�ation Coordinator for rerie«- and appro��al as a part of the permit process. The plan shall demonstrate those steps the applicant �jill take to compl}� �tiith the CVD4C; including but not limited to Section 8.24, 8.2�, and 19.�8340 and meet the State maridate to reduce or divert at least �0% of the �raste eenerated b�� the residential developments. The applicant shall contract ��ith the City's franchise hauler throuehout the construction and occupanc}� phase of the project. The "Rec}dino and Solid «%aste A4anaeement Plan° features shall be identified on the buildina plans. 46. Prior to the approval of the first buildine permit; the Appiicant shall submit the required performance deposit fee. B. THE FOLLO��'II�'G ON-GOII�'G CONDITIOI�TS SHALL APPL1' TO THE PROJECT SITE AS LONG AS IT RELIES ON THIS APPROVAL: 1. The site shall be developed and maintained in accordance �eith the appro�=ed plans, ��hich include site plans, floor plan, and elevation plan on file in the Plannino Division. the conditions contained herein, and Title 19. 2. The Applicant shall install all landscaping and hazdscape improvements in accordance �vith the approved landscape plan. 3. The Propem� O«ner and Applicant shall and do asree to indem.-ufy, protect; defend and hold harmless Cip�, its Cit�� Council members, officers; employees and representati��es, from and aoainst an�� and all liabilities; losses: damases, demands; ciaims and costs; includine court costs and attorney's fees (collecti��el��; liabilities) incurred b}� the City azisine, directly or indirectl}�, from (a) Citys approval and issuance of this Tentative A4ap and (b) Cin�'s approvai or issuance of anv other permit or action. w�hether discretionazv or non-discretionazv, in connection with the use contemplated on the Project Site. The Propem� O��ner and Applicant shali acl:no�•ledee their aereement to this provision bv executine a copy of this Tentati�z Map Resolution �ti�here indicated belo��. The Propem O��ners and Applicanrs compliance ��ith this provision shall be binding on anv and all of the Propenp O��mer`s and Appiicanrs successors and assigns. V. GOVERl�'A'IENT CODE SECTION 66020 NOTICE Pursuant to Govemment Code Section 66020(d)(1), A'OTICE IS HEREBY GNEN that the 90 da�� period to protest the imposition of anv impact fee, dedication. reservation, or other eaaction described in this resolution beains on the effecti��e date of this resolution and an� � such protest must be in a manner that complies with Section 66020(a) and failure to follo�r 16-49 Resolution No. ZOli- Page 12 timely this procedure will bar any subsequent legal action to attack, set aside; void or annual imposition. The right to protest the fees, dedications, reservations; or other etiactions does not apply to planning; zoning, grading, or other similar application processing fees or service fees in connection «-ith the project; and it does not apply to any fees; dedication, reservations, or other exactions ��hich have been gi��en notice similar to this, nor does it revive challenees to any fees for��hich the Statute of Limitations has previously eapired. VI. EXECUTION OF RESOLUTION OF APPROVAL The Property O�mer and the Applicant shall eaecute this document by signing the lines provided belo��, indicating that the Property O�ner and Applicant have each read, understood; and agreed to the conditions contained herein, and ��ill implement the same. Upon e�:ecution, this document shall be signed and returned to the City's Development Services Department. Applicant: Thomas J. Calhoun, CFE Date S��eetwater Union High School District Propert}� O��mer: Thomas J. Calhoun, CFE Date S�veetwater Union High School District VII. CONFORI�ZANCE WITH CITY SUBDIVISION MANUAL The City Council does hereby find that the Project is in conformance with the City of Chula Vista Subdivision Manual, Section 18.12 and the requirements of the Zoning Ordinance. VIII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, b}� their terms, to be implemented and maintained over time, if an}� of such conditions fail to be so implemented and maintained according to their terms, the City shall have the riQht to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits; deny, revoke; or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (10) da}�s in advance prior to any of the above actions being taken by the City a�d shall be given the opportunit}� to remedy any deficiencies identified by the City �yithin a reasonable and diligent time frame. IR INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceabilitv of each and every tern�; provision and condition herein stated; and that in the event that anv one or more terms, provision, or conditions are determined by a Court of 16-50 Resolution No. 2013- Pa�e 13 competent jurisdiction to be invalid; illegal or unenforceable, this resolution shall be deemed to be automaticall��re��oked and of no further force and effect. BE IT FliRTHER RESOLVED, that the Cin� of Cbula Vista Cin• Council does hereb�� approve Tentative Subdivision A4ap (PCS-12-06), subject to the conditions listed abo��e to combine multiple parcels into one for 162 condominium uniu and I commercial unit on approxunatelv 2.61 acres located at 43� Third Avenue. Presented b}�: Approved as to form b}�: . . � �� Kell�� Brouehton Glen R\Googins Director of De�elopment Services 'h� A 6me�� 16-51 [� f(O � ��y � O �i--I rC-r 'P u —] O � y O IJ O W THE COLONY TENTATIVE TRACT MAP FOR CONDOMINIUM PURPOSES W TI IE CITY OF CHULA VISTN,GOUNTV OF SAN DIEGO STATE OF CALIPORNIA .��.........0 . ,.�.' ""�'a'"p_ ,.A�� \��;\.\ =. ..n.,.�.-..n r......n.v....,.. .....,�n..� 4[NLOig .. . .�.��. 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' ..xm....... _ nm�wr �"� nm....n.� ,...�.� .� m� Jn.� — �S!IIIIPU�K. 1 ATTACHMENT 7 The Colony — 435 Third Avenue Inpat Received at Community Meeting June 18, 2013 Comment Comment Applicant/Staff Response Number The UCSP studied tra�c patterns for the assumed build-out of the Urban Core.No further traffic impact requirements aze needed on � Traffic on Third Avenue will Third Avenue as a result of this project. The project's residents w�ill be impacted tal:e access off of a drive��ay on the eastem side of the building. so there are no driveways directly on Third Avenue. A Visibility and Access Ana] sis was done, and there is no additional im act. Traffic—��here will church The Church has arranged for shared parking in the garage for the 2 Gate�+�ay office comples on the_y-est side of Third Avenue. A parishioners park? cross«�alk has been installed for pedestrian safety. Project will shade smaller A shadow study was done for this project. The study shows that the 3 surrounding buildings building will cast a shadow onto the apartment comple�to the east (Casa Corona) in the late aftemoon on the shortest days of the year. The project is in compliance��ith the UC-] zone, which calls for 4 Project is incompatible with high-density mixed-use development in a Transit Focus Area. The surrounding area project's height and density are sli�htly]ess than the maximum allowed in the zone. Noise during construction During construction,the project will be required to comply��ith the � City's Noise Regulations(CVMC 19.68). Construction will be H�ill be a problem restricted to certain hours, per the code. Building fa�ade is too plain— The applicant made cl�anges to the H�alls at the street level, adding 6 need to use more diverse architectural/desien features and color, as well as landscapin�, ti�hen materials appropriate. Grade-]e��el elevations have been enhanced ��ith additional details, Building fa�ade needs more materials and colors. Pilasters have been added to break up � articulation ele��ations and are highlighted by the use of different material. Vines have been added where possible. Finall}�, the parapets ha��e additional ste s(on all sides)to create more articulation. 8 B1aril: walls are a tazget fOr These additional details, materials and colors on the building facade graffiti help break up the massing and deter graffiti. Demographics in the area have changed in recent years. Median income in this area has increased dramatically over the last few years—several thousand households��ithin a three-mile radius could 9 Concern ��ith �entrification afford to rent this project. There is a 4%vacancy rate in the area (rentals are in-demand). And, there is a strong rental base that eaists in this area today(more than 50% of]ocal residents aze renters). Source: A licant's market research 16-54 ATTACHMENT8 A October 17, 2013 M s.Janice K1uth, Senior Project Coordinator Deparhnent of Redevelopment& Housing City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 RE: DRC 12-15 - The Colony Dear Ms. Kluth: Thank you arranging the follow-up meeting �vith Mr. Diamond, Mr. Laub, and 1 on September 15, 2013 regarding the proposed The Colony development This letter shall memorialize our understanding of the items where Mr. Diamond and the Sara E. Smith Corporation, LLC ("SESCo") reached agreement The positions of agreement and suggested implementing conditions of approval described below have been approved by the SESCo Board of Directors and represent the official position of that Board. 1. Casa Corona Access. The parties agreed that the Casa Corona development wil] have full legal recorded access to its existing southern driveway from both Church Avenue and Alvarado Street over the proposed new private driveway. This condition is necessary to preserve che access which the Casa Corona property has used continuously since its construction in 1963 and to which SESCo claims that prescriptive rights exist This agreement would be satisfactory to SESCo with conditions of approval on both the tentative map and the Design Review Permit substantially similar to the follo�ving: "Prior to obtaining building permits or filing a Final Map the applicant shall record an easement to the satisfaction of the owner of the property at 435 Church Avenue that grants permanent and irrevocable rights of access to that property and any tenants or owners thereof, and that all tenants or owners shall be provided with access cards or codes to control the gates allowing them access to and from Church Avenue and Alvarado Street„ "Construcrion of the new private driveway between Church Avenue and Alvarado Street shall indude connection from said ne�v private driveway to the existing private driveway at 435 Church Avenue." 2. Private Drivewav Gates. The parties agreed that the gates on the private driveway behveen Church Avenue and Alvarado Street will remain in the closed position at all times unless both parties agree in writing that they may be open during any specified period. This condition will satisfy SESCo that the proposed development will not cause excessive through traffic on Church Avenue and that circulation impacts will be consistent �vith the conditions identified in the EIR for the Urban Core Specific Plan. 16-55 Ms.Janice Kluth Page 2 of 3 October 17, 2013 This agreement would be satisfactory to SESCo with a condition of approval on both the tentative map and the Design Review Permit substantially similar to the following: "Prior to obtaining permits for the construction of the private driveway between Church Avenue and Alvarado Street, or filing a Final Map, the applicant shall record with the County Recorder a deed restriction, easement, or other document to the satisfaction of the owner of the property at 435 Church Avenue that ensures that the two access gates will remain in the closed position at all times unless otherwise mutually agreed upon in writing by both parties" 3. Parkine. The parties agreed that SESCo may, at its sole discretion, apply to the City for a parking permit district on Church Avenue that The Colony does not require any access to any on-street parking located on Church Avenue, and that The Colony will not oppose the formation of such a district. This condition will satisfy SESCo that it will not be adversely affected by the loss of existing on-street and other parking that would be eliminated by The Colony, and that the residents of The Colony would not use Church Avenue for overflow parking. This agreement would be satisfactory to SESCo with a condition of approval on both the tentative map and the Design Review Permit substantially similar to the following: "Prior to obtaining building permits or filing Final Map the applicant shall record an agreement to the satisfaction of the owners of the property at 435 Church Avenue, which is binding to its heirs and assignees, that it will not oppose the formation of a parking district on Church Avenue and that it agrees that it will not be included in the parking district or eligible for parking permits on Church Avenue." SESCo is extremely concerned about the potentia] impact of overflow parking from The Colony and request the assurance of the City that the parking district be formed. To that end, we request a condition of approval of the Design Review Permit substantially similar to the following: "Prior to issuance of building permits for The Colony, the City shall approve the formation of a restrictive parking district on Church Avenue that allows on-street parking for the benefit only of residents of Church Avenue, except that residents and occupants of The Colony will not be included as permitees of the parking district" 4. Landscapine. The parties agreed that the applicant will install ]andscaping in the right- of-way of Church Avenue that will obscure the visual impact of the street wall created by the proposed parking structure and parapet. This condition will satisfy SESCo that the proposed 20' high wall on the property line will not adversely affect the aesthetics along Church Avenue. This agreement would be satisfactory to SESCo with a condition of approval on the Design Review Permit substantially similar to the following: "Prior to obtaining occupancy permits the applicant will construct a 4' wide ]andscape strip on Church Avenue along the property frontage. Landscaping will include street trees, shrubs, and ground cover of the same type and spacing as currently shown on the landscape drawings adjacent to the private driveway between Church Avenue and Alvarado Street, except that the trees will be of a type 16-56 r , j , i ! � E Ms.)anice Kluth � ' Page 3 of 3 j October 7 7.20�3 I Li � i k � � � that will have a broad canoDY to obscure the parking structum wall from visibility at � the strect level (e.g.�-�no palm treesf." � � j � � 5. Equipment Screenin� �The parties agreed that all mechanical equipment, including equipmen[ not currenUy�indicated on the plans, will be fully screened from view and wi➢ comply with City' noise regulations This condition will satisfy SESCo that ! mechanical equipment�for the residentia! uniGS and parldng garage will not create an i �: adverse rnsual affect of�noise impact to the adjacent Casa Corona property. This ' agreemen�'would be satisfadory to SESCo with conditions of approval on the Desigrt � Review Permit substantlally similar to the Following: � "Buildi�g plans shall.�indude visual screening of all rooftop and other mechanical ; equipment, including HVAC,elevator and stair penthouses." � i :� "All mechanical equipment shall be in compliance with City noise regulations." E � + •� i � 6. Construcdon Debris. � While_the parties did not discuss the issue of constrttction debris, the SESCo Board is highly concerned that the dust and dirt that will result from the construction of ThejColony�vi➢ severely affed the buildings of Casa Corona when it � set[les. 1Ne request a conditlon that requires The Colony to provide a po�ver wash of th"e Casa Corona buildings after rnnstruction has been completed in order to mitigate � the resulting construction debris. �+ Thank you aga�in for enab�ling us to reach agreement on these important issues to the ! ow�ners and rP`sidents of the Casa Corona aparvnenu. Please feel free to contact me if you � have any questions. ' ' I � � Sincerely. �, 'i � Sara E.Smi rporaUOn; LLC � � � � ' � � ' arshall Smi �Board Member ; i , � i ' + � � ; Cc: Mr.Stev�e Laub, Land'Solutions,!nc his.Robin hladaffer, Esq. � Mr. Charles Diamond;FiTI Property Group. � � � � I . 1 I � � � � : ! ' i � � ' � i j � � i i � : i , , ; , , , , i 16-57 ' ATTACHMENT8 � Stephen Fr-anKnn 90 El Rancho V'ista Chula Vista, CA 91910 Tel: 619 917-0506 September 16;2013 re: case number PCZ-12-03 Ms. Janice Kluth, I am writing in regards to case number PCZ-12-03, the proposed mixed-use project at 435 Third Ave. As a property owner of multi-family properties on Roose- velt St& two properties on G Street between Third & Fourth Avenues, I am con- cerned about this proposed project. I was unable to attend the first announced meeting, but pian to attend the Sept. 25th meeting. I would like information dealing with three concems relating to this project To wit: Where will the vehicles associated with this residential & commercial de- velopment be parked?The size of this project could create parking nightmares for surrounding properties.Third Avenue was�ust narrowed to two lanes, supposedly, for pedestrians & Roosevelt St. is all ready "No Parking" on the North side. Where wili the traffic (conservatively upwards to 500 vehicle trips per day) 1i from this development exit the site? !f they exit onto Third Ave. it will be gridlock. If they exit to the street directly South (a small two-lane residential stree�, logic dic- ' tates most traffic will proceed to H Street, either by using Third to the South or North to G St, due West on Roosevelt Street, or perhaps East to Second Ave. then H St. either East or West. Additionally factor in the proposed Urbana project traffic on H Street& this is a disaster in the making. All options spell significant increases to traffic in these areas, much more noise & loss of quality of life to my tenants & all that live on these streets presently.These families are citizens of Chula Vista too. � Thirdly, I would like all information relating to any/all fees paid by the � Sweetwater School District related to this development. Also t would like all infor- mation as to any fees, permits, inspection costs, developer fees, city time etc. waived or forgiven by the City of Chula Vista. 1 I have always believed in property rights. The right to develop one's land as - one chooses is very important. Also very important are fairness & openness during the development process. I should not be forced to subsidize a "hidden" developer : with waived or excused fees for the Sweetwater School District. If One Dollar was excused, waived, or forgiven the same waivers & forgivness should be a��ailable to al) land owners. i iThank you for your time & consideration, if you have any questions or con- , cerns, please don't hesitate to call me, Steve, at 619 917-0506. � Thank you, CiTY �F GHUi.A �1l�TA '; ��i,e� l_`�,,��,,�'jl+.,s.r�� $E P ? :l 7_�:'��: Stephen Franklin � REOEVEL�PMi:;7f �ry�_Fs,4USltdG I 16-58 . ATTACHMENT8 G , , �`+a$Fr_ Ttnen nvevue v�uwcF nssaannoh Mayor Cheryl Cox 353'Ilu.-d Avenue Chula Vista City Councilmembets C3ule Vista,CA 91910 276 Fourth Avenue (619)422-1982 Phone �ula Vista, CA 91910 (619)422-7452 Facsimile www.thirdavenuevilla¢ccor.i May l, 2013 Dear Honorable Mayor Cox and Councilmembeis, 2013 Boazd of Directors I azn writing on behalf of the Third Avenue Village Association's Michael Green-President ('I'AVA) Boazd of Directors to exgress their unanimous support in AdamSparks-ImmediacePascPresidenc favor of the Chula Vista Colony 162 unit mulri-family housing ChristineMoore-vicePresident project slated to be located within the Third Avenue VIllage ]ohnrlendez-Secrecazy Associarion dish-ict. Tom Money—Troasurer The TAVA Board of Directors has reviewed the proj�t and Sceve Bandoian believes thai the addibon of this mazket rate urban development aligns with the City of Chula Vista and our organizztion's vision of Eric Crockett ��g a P�� oriented community accessible to the local ��H�' shopping, entertainment and professional sen�ces that make up the Beuy xell�r Third Avenue Village. Todd Reinheimu On behalf of the Third Avenue Village Association's Boazd of Snooky Rico Directors, we encourage the City of Chula Vista to join us in Greg Smy�h support of this project. Ian Trotter :S=itceielv_ _ J ;: DCECUTNE DIRECTOR - � �C�F'-{�-. :.. .- ,.�:. S Luanne Hulsizer � . ' � Luanne Hulsizer �� nu�ACER ExecuriveDirector lovita Juuez OFFICE MANAGQt Heather Marshall 16-59