HomeMy WebLinkAboutReso 2013-243 RESOLUTION \j0. 2013-243
RESOLUTION OF THE CITI' COUNCIL OF THE CITY OF
CHULA VISTA APPROVII�'G A DESIGN REVIEW PERMIT
SUBJECT TO THE CONDITIONS CONTAINED HEREII`' FOR
THE COLONY MIXED-USE PROJECT IN THE UC-1 ZONE OF �
THE URBAN CORE SPECIFIC PLAN AREA, CONSISTII�'G OF
162 RESIDENTIAL UA'ITS AI�TD 3;000 SQUARE FEET OF
COMMERCIAL SPACE 01�' APPROXIMATELY 2.61 ACRES
AND LOCATED AT 435 THIRD AVEI`'UE
I. RECITALS
A. Project Site
WHEREAS, the parcel oF land �rhich is the subject matter of this Resolution is depicted
in Eshibit "A," attached hereto and incorporated herein by this reference, and commonly
l:noNm as The Colon��, and for the purpose of general description herein consists of 2.61
acres locate at 43� Third A��enue ("Project Site '); and
B. Project; Application for Discretionar}� Appro��al
WHEREAS, a duly verified application for a Design Review Permit (DRG12-15) �i�as
filed with the City of Chula Vista Development Services Department by S�veetw-ater Union
High School District ("Applicanr` and "O�mer'), for a 2.61-acre site consisting of 162
condominium units and one retail unit located at 43� Third A<<enue: and
C. Environmental Determination
WHEREAS, The Development Sen�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 �vithin this Secondary
Study the proposed action will not ha��e any significant effect on the em�ironment other than
as identified in the PEIR. In addition, the rezoning of the parcels to an Urban Core density of
up to 60 du/acre was analyzed in the 200� General Plan Update EIR (EIR-OS-01) as part of
the 200� General Plan Update. The proposal is consistent ti=ith the analysis and conclusions
of EIR-0�-01. Therefore, a negative declaration; subsequent em�ironmental impact report,
supplement to environmental impact report, or addendum to environmental impact report has
not been prepazed: and
D. Consolidated Re��iew
WHEREAS, this project is goine throueh the consolidated review process, in accordance
with the Consolidation of Processing reeulations 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 mal:er. �rhich is the Cih- Council; and
Resolution No. 2013-243
Page 2
E. City Council Record on Applications
WHEREAS, a hearing time and place was set by the City C1erk for consideration of the
Project, and notice of the hearin� together with its purpose, was given by its publication in a
newspaper of general circulation in the City and its mailing to property owners within 500
feet of the e�terior boundary of the Project, at least 10 days prior to the hearing; and
WHEEtEAS, the duly called and noticed public hearing on the Project was held before the
City Council on November 19, 2013, in City Council Chambers, 276 Fourth Avenue, at 2:00
p.m. to hear public testimony. Said hearing was thereafter closed; and
WHEREAS, the City Council reviewed and considered the Desien Review Permit (DRG
12-15).
NOW, THEREFORE BE IT RGSOLVED by the City Council of the City of Chula Vista
that it does herebv find and determine as follows:
II. ENVIRONMENTAL REVIEW
That a Secondary Study (IS-12-002) has been completed in order to determine project
consistency with the Urban Core Specific Plan EIR (PEIR-06-01). Based on the
environmental analysis contained within this Secondary Study, the proposed actions 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 with the analysis and conclusions of EIR-OS-01.
Therefore, a negative declaration, subsequent environmental impact report, supplement to
environmental impact report, or addendum to environmental impact report has not been
prepared.
III. DESIGN REVIEW FINDINGS
A. THAT THE PROPOSED PROJECT, AS CONDITIONED, IS CONSISTENT WITH
THE DEVELOPMENT REGULATIONS OF THE URBAN CORE UG1
SUBDISTRICT OF THE URBAN CORE SPECIFIC PLAN REGULATIONS.
The proposed developnren� is consistenl irith �he Urbm� Core Specifrc Plan (UCSP)
develof�nrent regtduliorts.for /he UC-1 Sub-dis7i•ict in lernrs of Flnnr Area Rulio (FAR),
Btiilding Heigh�, Building Slel�-fiuck, Serbuckr, Opert Spuce Reguirements, Land U.ce, und
Parking. Hoi+�ever, some development exceptions are requested. Dtre to llae
incorporution of Urban Amenities, such us Sn•eelscupe /mproveme�zls, Vertical Mued-
Use in u Transi� Focus .Area, und Enclosed Purking, these excep�ions ure jtrstifed. The
ul�plicaral has reyuesled derelopmenl exceplions ,fi-om die nraximum alloi��uble lo�
coi�eruge of 80% !0 88%, .from lhe minimum Sh•eei-i>>ul/./i�ontage of 80% (80% of the
S/reet-ti+�ul1 is irilhin I--1 feet �f�he properly line), und fronl Step-back requirements of
l.i' (bulconies ure stepyed buck un averuge of I.i' and eleralor shufi arad corner tatits
er7crouch). Cl�apter VLI of the UCSP speciJies thal development excep/io�zs ro d7e la�7d
t�se und developmenl regululinn.c muv he uullaorized ir certain frndings are mude, as
idenlifed beloi+�:
Resolution No. 2013-243
Paae 3
1. The proposed de��elopment will not adversely affect the goals and objecti��es of the
Specific Plan and General Plan.
The Qoals and objectives of the Specifc Plan und Genera/ Plan are not adversely
affected by minor development exceptions i�t lot coi�eraRe. BuildinQ Step-backs and
Slreet-i+�all FrontaQe. The deviulions are beinR miriRaled with Urban Anrenitres
encouru�ed rn �his transu focus area of rhe Urban Core. The burldinQ ti+�ill fealure
urticula�ed walls. color variery, differen! rnish le.xlures and stepped facades to
mai�atarn proper scale tioirh its surroundinQs. Exterror buildrnx planes are offset both
>>ertically and Horizontally alonR Ihe sile perimeter. A Slep-back of Ihe buildinQ at
the second srory is broken only by the e/evator shaft, corner elements and balconies.
1+�hrch overlook !he street and separate buildinR mass. Storefront i��indoi+�s and
mvninAs help redtrce burldinQ massrnQ to a human-scale and 11-joo� 1+�rde sideit�alks
ulonQ Third Avenue and 8-foot tiride sidelralks alonQ Alvarado Stree! and Church
Arenue provide an enhunced pedestrian e.rperience. adhering to the UCSP goals for
pedestrian orientation.
2. The proposed development will comply with all other reeulations of the Specific
Plan.
A'o other deviations from the UCSP regulutions ure being requested.
3. The proposed development will incorporate one or more of the Urban Amenities
Incentives in section F - Urban Amenities Requirements and Incentives, of this
chapter.
The proposed developnrent tinill provide "Urbun Amenrties" such as Streetscape
Improvements, tirilh new sidei>>alk, landscape and liRhlrnQ in accordance with the
Thrrd Avenue Streetscape Master Plan, Verlical Mixed-Use (Resrdenlral over
Commercia!) x�ithin .i00_(eet of a Transir Starron (Fuiure Bus Rapid Transil stop at
Thrrd and H), and Enclosed Parking — provrding just over nro parking spuces per
uni! xdthin the burlding srruc�ure.
4. The ezception or esceptions are appropriate for this location and w�ill result in a
better design or greater public benefit than could be achieved through strict
conformance w2th the Specific Plan development regulations.
The exceptions are appropriate in this Transit Focus Area ojthe Urban Core District
und lvil/ result in a better desrQn, providrnQ a more pedestriarr-oriented street
fron�aRe, easy acress /o lransit und Renerous purkin,Q for resrdents ai7d therr Ruests.
Ii%ithotn the esceprrons !o lot coveraRe. BuildinR Step-back and Streel-wall Fronla�e.
the applicant would no� be able !o achieve the number of residentia! unrts suitable ro
thrs trunsi�-accessible location.
B. THE DESIGN FEATURES OF THE PROPOSED DEVELOPMENT ARE
CONSISTEI�'T WITH. AND ARE A COST-EFFECTIVE METHOD OF SATISFYING
THE DESIGN AND DEVELOPMEI�'T STANDARDS OF THE URBAN CORE UC-1
SUBDISTR]CT OF THE URBAN CORE SPECIFIC PLAI�'.
Resolution No. 2013-24�
Page 4
The projecl is in compliance with the design and dene/opment slundurds of Ihe Urban
Core UC-1 (Trunsi� Focus Area) Sub-dislric/. Enlauiaced a•c/�ileclural details ure
proposed along Ihe s�reet elenations urtd Ilie layout ojthe sile provides for a pedestriun
o�•iented s�reet_fi-ontuge, per the UCSP. A lolul of 179 parking spaces ure reyuired, und
the prnject p�roposes to pronide 333 spaces, 1��hich will proi�ide uddilional pa��king for
r•esidents ur�d their gtiest.s. Tlie �o�al bi�ilding l�eigli� is 7.i-ft, ivllereus ihe rnuximtmt
building heiglzt per tl�e UC-I Sub-district development stundurds is 8=1-fi. The project
irould be consisrerat i>>iIh ihe derelopnrent slandurd.s_for Jloor urea ru/io, sethacks and
opett space.
IV. CONDITIONS OF APPROVAL FOR DESIGN REVIEW PERMIT
A. THE FOLLOWING SI-IALL BE ACCOMPLISHED TO THE SATISFACTION OF
THE DEVELOPMENT SERVICES DIRECTOR, OR HIS DESIGNEE, PRIOR TO
1SSUANCE OF BUILDING PERMITS, UNLESS OTHERWISE SPECIFIED.
l. The conditions herein imposed on the Design I2eview approval herein contained are
approximately proportional both to the nature and extent of impact created by the
proposed development. Unless othenvise specified, all conditions and code
requirements listed below shall be fully completed by the Applicant, O�vner or
Successor-in-Interest to the City's satisfaction prior to approval of the Final Map;
unless otherwise specified.
Planning Division
2. Prior to, or in conjunction with the issuance of the first building permit, pay all
applicable fees, including any unpaid balances of permit processing fees for deposit
account DQ-1703.
3. Prior to the approval of building permits, the colors and materials specified on the
building plans must be consistent with the colors and materials shown on the site plan
and materials board approved by the City Council on November 19, 2013, or as
subsequently modified in accordance with their direction.
4. All ground mounted utility appurtenances such as transformers, AC condensers, etc.,
shall be located out of public view and adequately screened through the use of a
combination of concrete or masonry walis, bern�ing, and/or landscaping to the
satisfaction of the Director of Development Services.
5. All rooF appurtenances, including air conditioners and other roof mounted equipment
and/or projections, shall be shielded from view and the sound buffered from adjacent
properties and streets as required by the Development Services Director. Such
screening shall be architecturally integrated with the building design and constructed
to the satisfaction of the Development Services Director.
6. A graffiti resistant treatment shall be specified for all wall and building surfaces.
This shall be noted for any building and wall plans and shall be reviewed and
approved by the Development Services Director prior to the issuance of building
permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of
the CVMC regarding graffiti control.
Resolution No. 2013-243
Paee �
7. All exterior lighting shall include shieldine to remove an}� elare from adjacent
residents. Details for said lightine shall be included in the azchitectural plans and
shall be revie��ed and approved to the satisfaction of the De��elopment Services
Director. prior to the issuance of the first buildine permit.
8. The Applicant shall implement ro the satisfaction of the Development Sen�ices
Director and the City Engineer the mitigation measures identified in the
Environmental Impact Report for the UCSP (PEIR-06-01) and associated Mitigation
Monitorine and Reporting Proaram.
Land De��elopment Engineering/ Landscape Architecture
9. Prior to the issuance of the first building permit, the Applicant shall pav all
associated de��elopment impact fees to the satisfaction of the Development Services
Director. includine:
a. Se���er Connection and Capacity Fee
b. Traffic Signal Fee
c. V�'estern Transportation Derelopment Impact Fee
d. Public Facilities De��elopment Impact Fees
e. Other Engineering Fees as applicable per Master Fee Schedule
10. The Applicant shall be required to pay additional deposits or fees in accordance with
the Ciri� Subdivision Manual, and Master Fee Schedule with the submittal of the
follo���ins items:
a. Gradine 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
Buildine Permit unless ���ai��ed.
12. Prior to issuance of the first building permit the applicant must demonstrate
compliance �vith the Uniform Buildine Code, minimum se�ver erade (2%) From the
farthest unit in the site to the sewer main in Third Avenue.
li. The Developer shall obtain a Land De��elopment Permit prior to beginning any
earthwork activities at the site and before issuance of Buildine Permits in accordance
w�ith Municipal Code Title 1�.0�. Developer shall submit Grading Plans in
conformance ���th the City's Subdi��ision Manual and the Cin�'s Development Storm
Water Manual requirements, including. but not limited to the following:
a. Grading Plans shall be prepared bv a registered Civil Engineer and approved by
the Citv Eneineer.
b. Drainage Smd}� and GeotechnicaVSoils Investigations aze required with the first
submittal of Grading Plans. The Drainage Study shall calculate the Pre-
Development and Post-Development flows and show how dowmstream properties
Resolution No. 2013-243
Page 6
and storm drain facilities aze impacted. Design shall incorporate detention or
storm water runoff if Post-Development flows exceed Pre-Development flows;
anal�-sis shall include flows from 2 yr, 10 yr, and �0 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 flo�vs.
e. All onsite drainage facilities shall be private.
f. Any offsite work will require Letters of Permission from the property owner(s).
14. The Applicant shall provide two copies of the following technical reports with the 151
submittal of grading plans:
a. Drainage study
b. Water Qualit}� Technical Report
15. The Applicant shall comply with the following regulations for retaining walls prior to
the approval of a grading permit.
a. All retaining �valls shall be noted on the grading plans and include a detailed wall
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 are 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 walls around trash bin (if any) shall be noted on the grading plans and
called out per standard.
e. Detail how retaining wall drains tie into the drainage system.
16. The project shall comply with all requirements of the Chula Vista Development
Storm Water Manual (Storm Water Manual) for both construction and post-
construction phases of the project. Prior to building permit approval, documentation
shall be provided, to the satisfaction of the City Engineer or designee, to demonstrate
such compliance.
17. Development of this project shall comply with all requirements of State Water
Resources Control Board (SWRCB) NPDES General Permit No. CAS000002, Waste
Discharge Requirements for Discharges of Storm Water Runoff Associated with
Construction Activity, and any subsequent re-issuances thereof. In accordance with
said Permit, a Storn� Water Pollution Prevention Plan (SWPPP) and a Monitoring
Program Plan shall be developed and implemented concurrent with the
commencement of grading activities. The SWPPP shall specify construction
structural and non-structural pollution pre��ention 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.
Resolution No. 2013-2�3
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19. Prior to issuance of an}� Gradin� or Buildine Permits, whiche��er occurs firsi, owmer
must enter into a Storm A'ater Mana�ement Facilities h4aintenance Agreement to
perpetuall}� maintain private Best Manasement Practices (BMP's) located �+�ithin the
project. �
20. Prior to issuance of the gradine permit for the project. a complete and accurate
Notice-of-Intent (I�'OI) must be filed �vith the SRVdCB. A copy of the
acl:nowledeement from the SRV1'CB that a NOI has been received for this project
shall be filed ��ith the City of Chula Vista ti-hen received. Further. a copy of the
completed NOI from the SRVdCB sho«�ine the Permit I�'umber for this project shall
be filed ���ith the Citv of Chula Vista when received.
21. Permanent storm H�ater requirements, including site desi2n, source control, treatment
control, and hydro-modification control BMPs, all as sho��m in the approved Water
Qualin� Technical Report (V1'QTR), shall be incorporated into the project design, and
shall be shotim on the plans. Provide sizing calculations and specifications for each
BMP. Any structural and not-structural BMP requirements that cannot be sho«n
eraphically must be either noted or stapled on the plans.
22. Prior to obtainine any Building Permits, or appro��al of the Final Map, ���hichever
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 City's right-of-H�ay ���hich may include, but is not
limited to:
a. Installation of curb, gutter, and sidewalk per SDRSD G-3 along the project's
frontage. Sidewalk shall be designed and constructed with proper transitions to
eristine conditions.
b. Installation of all drive�aay(s) meeting design standards as sho«m in Chula Vista
standard detail CVCS-lA. Dedication of R/W as needed in order for driveway to
comply �vith American Disabilitv Act (ADA) requirements.
c. Installation of pedestrian ramp on the corner of Third Avenue and Alvarado
Street, per Chula Vista Construction Standards CVCS-2�.
d. Installation of 2 sew-er manholes per SDRSD S-2 is required at the connection of
the 8" se�ti�er laterals to the main public se�ver line.
e. Installation of all sew�er laterals per SDRSD S-13.
f. Trenching and restoration of utilities per CVCS-3 R 4.
g. Replacement of public improvements (to include 8' side�valk) and addition of six
street trees in the adjacent right-of way on Church Avenue, in accordance �+-ith
Chula Vista Landscape Manual.
h. Construction of two pedestrian ramps and addition of two pedestrian crossing
signs at the southem terminus of Church Avenue nor[h of the project's private
dm�eH�av, in accordance ���ith City regulations.
23. All utilities servine the proposed project shall be undereround pursuant to CVMC
15.32.
Resolution No. 2013-243
Page 8
24. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall
be obtained as necessar}�.
25. Any improvements in the right-of-way beyond the project limits shall be designed
and constructed as to not interfere with adjacent businesses; as approved by the City
Engineer.
26. The construction and completion of all improvements and release requirements shall
be secured in accordance with Section 18.16.220 of the Municipal Code.
27. Any esisting sewer laterals and storm drain connections that are to be used by the
ne�v development shall be inspected by the Public Works Operations Section and
replaced as needed.
28. The onsite se�ver and storm drain system shall be private. All sewer laterals and
storm drains shall be privately maintained from each building unit to the City-
maintained public facilities.
29. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be
designed to meet ihe City of Chula Vista Design Standards, ADA Standards, and
Title 24 standards, as applicable.
30. Prior to Final Map, Grading or Street ]mprovement Plan approval, the
Owner/Applicant shall upload copies of the Street Improvement Plan, Grading Plan,
Final Map and Site Improvement Plan in digital format such as AutoCAD DWG or
DXF (AutoCAD version 2000 or above), �SRI GIS shapefile, file, or personal geo-
database (ArcGIS version9.0 or above). The files should be transmitted directly to
the GIS section using the City's digital submittal file upload website at
http:/hi�vw.chulavistaca.gov/�oto/GIS. The data upload site only accepts zip
formatted files.
31. Prior to approval of the Final Map the Applicant shall provide CC&Rs to the City
Engineer, City Attorney and Development Services Director for review and approval.
The CC&Rs shall include the following:
a. Indemnification of City for private sewer spillage.
b. Listing of maintained private facilities
c. The City's right but not the obligation to enforce the CC&Rs
d. Maintenance of all walls, fences, lighting structures, paths, recreational
amenities and structures, sewage facilities, drainage structures and
landscaping.
e. Implement education and enforcement program to prevent the discharge of
pollutants from all on-site sources to the storm water conveyance system.
32. The CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and
shall be recorded concurrently with the Final Map.
Resolution No. 20li-243
Paoe 9
33. All utilities servine the propem� and existine utilities located �vithin or adjacent to the
property shall be undererounded in accordance ��ith the Chula Vista Municipal Code
Section prior to the issuance of Buildine Permit.
34. Concurrent with building permit submittals, the Applicant shall provide detailed
landscape and imeation plans prepazed bv a reeistered landscape azchitect for revie�ti�
and appro��al. Plans shall be prepared per Landscape manuaL UCSP and CVMC
requirements. E�isting landscape that is to be reinstalled must utilize drought tolerant
landscapine in compliance �vith Chapter 20.12 of the CVMC. No turf shall be used.
The "Concept Desien StatemenY' must include a reference to Chula Vista Landscape
Water Conservation Ordinance.
3�. Concurrent ���ith buildine permit submittal, provide a detailed open space exhibit and
accompan��ing landscape plans that clarify 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 appro��ed by City Counci] on I��ovember 19, 2013.
36. An encroachment permit is required for all structures located within Ciry right-of-�vay
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. Buildina permit applications submitted on or afrer Januarv 1, 2011 shall comply with
the followins building codes and any other applicable regulafions:
a. 2010 Edition of the California Building Code as amended and adopted by the City
of Chula Vista(Municipal Code Chapter 1�.08);
b. 2010 Edition of the California Mechanical Code as amended and adopted by the
City of Chula Vista (Municipal Code Chapter 1�.16);
c. 2010 Edition of the California Plumbing Code as amended and adopted b}� the
Cih�of Chula Vista (n4unicipal Code Chapter 1�.28);
d. 2010 Edition of the California Electrical Code as amended and adopted by the
City of Chula Vista (I�4unicipal Code Chapter 1�.24);
e. 2010 Edition of the California Fire Code as amended and adopted by the Cin� of
Chula Vista (Municipal Code Chapter 1�36); and
f. 2010 Edition of the California Green Building Standards as amended and adopted
bv the Ciri� of Chula Vista.
Fire
39. Prior to the approval of any building permit, the Applicant shall provide a water flow
letter from the applicable N�ater agency having jurisdiction indicating fire flow is
available to ser��e this project.
Resolution No. 2013-243
Paee ]0
40. Prior to approval of the first building permit, the Applicant shall provide a water
supply analysis (technical report) to the Chula Vista Fire Department for review and
approval. This report shall be a node to node analysis using the Hazen-Williams
formula. The analysis shall show that the required fire flow is available at the
hydrants and that simultaneously; the sprinkler demand is available at the most
demand sprinkler riser.
41. Fire Hydrants shall be located not greater than 300 feet apart. The minimum fire
hydrant size shall be: 6" x 4" � 2 %z" s 2 '/i'. Eight hydrants are required to serve this
proj ect.
42. Priur to any construction, all Pire Department access and water supply need to be
installed.
43. Prior to occupancy, an automatic fire sprinkler and fire alarm system �vill be required
to be installed per the Fire Departments regulations. The Applicant shall mitigate the
restricted access to the property in several ways including, but not limited to:
a. Installation of a NFPA 13 fire sprinkler system throughout the building.
b. Upgrades to the sprinkler and alarm system as identitied by a fire consultant
and approved to the satisfaction of the Fire Department.
Public Works
44. Prior to the approval of the first building permit, the Applicant shall develop and
submit a "Recycling and Solid Waste Management Plan" to the Conservation
Coordinator for review and approval as a part of the permit process. The plan shall
demonstrate those steps the applicant �vill take to comply with the CVMC, including
but not limited to Section 8.24, 8.25, and 19.58340 and meet the State mandate to
reduce or divert at ]east 50% of the waste generated by the residential developments.
The applicant shall contract with the City's franchise hauler throughout the
construction and occupancy phase of the project. The "Recycling and Solid Waste
Management Plan" features shall be identified on the building plans.
45. Prior to the approval of the first building permit, the Applicant shall submit the
required performance deposit fee.
B. THE FOLLOWING ON-GOING CONDITIONS SHALL APPLY TO TH� PROJECT
SITE AS LONG AS IT RELIES ON THIS APPROVAL:
l. The site shall be developed and maintained in accordance with the approved plans,
which include site plans, floor plan, and elevation plan on file in the Planning
Division, the conditions contained herein, and Title 19.
2. The Applicant shall install all landscaping and hardscape improvements in
accordance with the approved landscape plan.
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Pa�e 11
3. Appro��al of the Design Revie��� Permit shall not waive compliance with all sections
of Title 19 of the Municipal Code, and all other applicable laws and reeulations in
effect at the time of building permit issuance.
4. The Property ONner and Applicant shall and do aeree to indemnify, protect, defend
and hold harmless Cin�, its City Council members. officers, employees and
representati��es, from and aeainst an�� and al] liabilities, losses, damaees; demands;
daims and costs, including court costs and attomey's fees (collectively, liabilities)
incurred by the Cit}� arising, directly or indirectly, from (a) City's appro��al and
issuance of this Desien Revieti� Permit and (b) Cit}�`s appro�al or issuance of any
other permit or action, ��hether discretionary or non-discretionan�, in connection with
the use contemplated on the Project Site. The Property O«mer and Applicant shall
ackno�vledee their agreement to this pro��ision by esecuting a copy of this Design
Revie�;� Permit Resolution �ti�here indicated belo���. The Propem� O�timer's and
Applicant`s compliance ���ith this provision shall be binding on any and all oF the
Property O��mer's and Applicant`s successors and assigns.
�. This Design Revie«� Permit shall become void and ineffective if not utilized ���ithin
three vears from the effecti��e date thereof, in accordance ���ith Section 19.14.260 of
the CVMC. Failure to comply H�ith any conditions of approval shall cause this permit
to be revie�ved b�� the Ciri for additional conditions or revocation.
V. GOVERi\`i14ENT CODE SECTION 66020 NOTICE
Pursuant to Govemment 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 effecti��e date of this resolution and any
such protest must be in a manner that complies with Section 66020(a) and failure to follow
timeh� 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 eaactions does
not appl�� to planning, zoning, grading; or other similaz application processine fees or sen�ice
fees in connection with the project; and it does not apply to any fees, dedication, resen�ations,
or other exactions which have been ei��en notice similar to this, nor does it re��i��e challenaes
to any fees for ��-hich the Statute of Limitations has previously espired. y
VI. EXECUTION OF RESOLUTION OF APPROVAL
The Propem� O���ner and the Appiicant shall execute this document by signing the lines
provided below, indicating that the Property O�iner and Applicant have each read,
understood; and agreed to the conditions contained herein, and will implement the same.
Upon execution, this document shall be signed and retumed to the Project Manaeer in the
Cit}�'s Development Sen�ices Depanment. The Propertv O�ners and Applicant's
compliance with this provision shall be binding on any and al1 of the Property Owmers and
Applicant's successors and assigns. This condition ma}� be modified by the Zoning
Administrator subject to input from the City Attorney. Failure to return the signed copy of
this Resolution within thim� days of the effective date hereof shall indicate the Applicant's or
Resolution No. 2013-243
Page 12
Property O��mer's desire that the project, and the corresponding application for building
permits and/or a business license, be held in abeyance without approval.
/ Z�// � 3
Applicant: T��° as . . Cal oun, CFE Date
Sweetw ter Un�o igh School Disfict
� � Z�/��� �
Property O �+ . Thomas J. Calhoun, CFE Date
S�veetwater nion High School District
VIL CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny, or further condition issuance of all future building permits,
deny, revoke, or further condition all certificates of occupancy issued under the authority of
approvals herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation. The Applicant shall be notified ten (10)
days in advance prior to any of the above actions being taken by the City and shall be given
the opportunity to remedy any deficiencies identified by the City within a reasonable and
diligent time frame.
VllL INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in
the event that any one or more terms, provision, or conditions are determined by a Court of
competentjurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed
to be automatically revoked and of no further force and effect.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that based
on the findings and conditions of approval as set forth above, the City Council hereby
approves the subject Design Review Permit.
Presente Approved as to form by
� ����
Kel G. ghton, FASLA len R. pogins ,
Direc r of Development Services City�t�rhey �
Resolution No. 2013-243
Paee 13
P.ASSED, APPROVED, and ADOPTED b�� the City Council of the Cin� of Chula Vista,
Califomia, this 19th da}� of November 2013 b�-the folloN�ing ��ote:
AYES: Councilmembers: Aeuilar. Bensoussan. Ramirez. Salas and Cos
NAYS: Councilmembers: None
ABSEI�TT: Councilmembers: I�'one
Cheryl Coa. ayo
ATTEST:
� /t/ni{/4...1�
Donna R. Noms. MC. rtv Clerk
STATE OF CALIFORNIA )
COUI�'TY OF SAN DIEGO )
CITY OF CHULA VISTA )
I. Donna R. Norris. Citv Clerk of Chula Vista. California. do herebvi certifi- that the foreeoine
Resolution No. 20li-243 was duly passed, approved, and adopted by the City Council at a
re¢ulaz meetine of the Chula Vista Citv Council held on the 19th dav of November 20li.
Executed this 19th dav of I�'ovember 20]3.
O
Donna R. I�'oms. CMC. �rv Clerk
Resolution No. 2013-243
Pa�e 14
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