HomeMy WebLinkAboutReso 2014-198 RESOLUTION NO. 2014-198
RESOLUTION OF THE CITY COLT�CIL OF THE CITI' OF
CHULA VISTA APPROVI7�'G A DESIGI�' REVIEN' PERI�TIT.
DRC-li-33 TO CONSTRUCT A 97-LT?�'IT I�9ULTI-FAI�4[Ll'
APARTMEI�'T COMPLE� WITH CARPORTS. RECREATIO?�T
BUILDit�'G. AND ASSOCIATED OPEN SPACE ON 4.68
ACRES LOCATED .AT 387� MAIIv STREET
R'1-IEREAS; on December 12. 20li: a dul�° �=erified application for a Design Revie���
Permit «°as filed ��ith the Cit�� of Chula Vista De��elopment Services Depanment b�� Stone Creek
Casitas, LLC (Applicant); and
WHEREAS. the application requests appro��al of a Design Re�ie�i Permit to allo���
construction of a 97-unit multi-famil}� apartment complez ���th carports, recreation building, and
associated open space on approximatelv 4.68 acres (Project); and
V�'T-IEREAS, the area of land �vhich is the subject of this Resolution is an existine
parcel located at 387� Main Street (Project Site); and
�1-HEREAS, the Development Sen�ices Director has re��ie�i-ed the proposed Project for
compliance with the Califomia Environmental Qualit�� Act and has conducted an Initial Smd��.
IS-13-006. in accordance with the Califomia Em�ironmental Quality Act. Based upon the results
of the Initial Stud}�, the Development Services Director has determined that the Project could
result in significant effects on the em�ironment. HoH�ever. revisions to the Project made or
aereed to b�� the applicant would a��oid the effects, or mitigate the effects to a point where cleaziv
no significant effects �vould occur; therefore, the De�elopment Sen�ices Director has prepazed a
Mitieated Negati��e Declazation. ]S-li-006 and associated Mitigation A4onitorine and Reportina
Proaram: and
WHEREAS; the Director oF Development Services set the time and place for a hearine
on the Design Re��ie�i� Permit application, and notice of the hearine. to�ether ���ith it purpose, was
given b�� its publication in a ne«�spaper of general circulation in the Ciri�_ and its mailine to
propem o«mers and residents ���ithin �00 feet of the exterior boundaries of the propem� at least
l0 da��s prior to the hearino; and
W'HEREAS. the hearine ���as held at the time and place as advertised, namel�� October 28,
2014 at 2:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Cit}� Council and the
hearine ���as thereafrer closed.
\'OV�'. THEREFORE. BE IT RESOLVED b�� the Cit�� Council of the Cit�� of Chula Vista
that it hereb�� mal:es the follo���ine findines:
1. That the proposed de��elopment �r•ill be consistent�r•ith the Cih• of Chula Vista's Geoeral
Plan, Title 19 of the Alunicipal Code, and the Chula Vista Design A7anual.
� Resolution No. 2014-198
Pase No. Z
Afrer the Rezone from ILP to R3 is approved by the Cit�- Council, the multi-family project is
permitted ��ithin the R3 zone. The proposed multi-family use is permitted in the RH General
Plan designation and meets all of the development regulations as stipulated in the Ri zone as
conditioned. The design of the apartment complex meets the intent of the Chula Vista Design
n9anual by providing architectural details, different color, materials, and different roof
heights.
2. The design features of the proposed development are consistent with, and are a cost-
effecti��e method of satisfying, the Cit�� of Chula Vista Design Manual and Landscape
Manual.
The Project is in compliance N�ith the Multi-Family Design Guidelines of the Chula Vista
Desi�n Manual, and is consistent with the R3 density requirements. The exterior of the
building would create both vertical and horizontal enhanced features to avoid a monotonous
building. The proposed building is a two and three-story stucco building with a vaziety of
roof levels and different roof sloped angles. Various roof pop-outs and aneles are provided
alonb the buildine to create ��isual interest. A tower and arched openings are provided at the
front entrance to the buildings. Arched opening are also provided off of balconies. Some of
the upper floor windows are provided with canopies. The recreation center has azched
wlumns along the walkway to the California Room, balconies, different wall planes, and an
oversized chimney to provide visual interest.
The apartment comples indudes carports, covered parking, and open pazking. A total of 163
parking spaces aze required. The Project proposed 181 spaces. The total building height is
42-fi. for the residential buildings and 30-fr. for the recreation building, whereas the
maximum building height per the R-3 zone is 45-fi. with City Council approval. The lot area
and setback requirements are subject to the R3 zone.
BE IT FURTHER RESOLVED that the city council, based on the findings above,
appro��e the Design Re��iew Permit subject to the follo�ving conditions:
L The followine shall be accomplished to the satisfaction of the City, prior to issuance of
building permits, unless other���ise specified:
Planning Division
1. The site shall be developed and maintained in accordance with the appro��ed plans. which
include site plans; floor plan, and elevation plan on file in the Planning Di��ision, the
conditions contained herein, and Title 19.
2. Prior ro, or in conjunction ���ith the issuance of the first building permit, the Applicant
shall pay all applicable fees; including any unpaid balances of permit processin� fees for
deposit account DQ-1767.
Resolution No. 2014-198
Pace Ivo. 3
3. Prior to the appro��al of buildins permits, the colors and materials specified on the
building plans must be consistent ���ith the colors and materials sho�+m on the site plan
and materials board appro��ed b�� the Cit� Council on October ?8. 2014.
4. A graffiti resistant treatment shall be specified for all "�all and buildina surfaces. This
shal] be noted for anv buildine and ���all plans and shall be re��iewed and appro��ed b}� the
Development Senices Director prior to the issuance of building permits. Additionalh:
the project shall conform to Sections 9?OA» and 9?0.03� of the Chula Vista Municipal
Code (CVMC) regarding �raffiti control.
>. All roof appurtenances. includin� 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 b�� the De��elopment Services Director. Such screenins
shall be architecturally inte�rated ���ith the buildino design and constructed to the
satisfaction of the Development Services Director.
6. All �round mounted utilit�- appurtenances such as transformers, AC condensers. etc.,
shall be located out of public ��iew and adequateh� screened throush the use of a
combination of concrete or masonn� �valls. bermine. and/or ]andscapine to the
satisfaction of the De��elopment Sen�ices Director.
7. All e�terior liahting shall include shielding to remove anv elare from adjacent residents.
Details for said liehtino shall be included in the architectural plans and shall be revie���ed
and appro��ed to the satisfaction of the Director of Development Sen ices: prior to the
issuance of the building permit.
8. The Applicant shall obtain appro��al b}� the De�elopment Sen�ices Department of a sign
permit for each sign. Signs shall comph� �rith all applicable requirements of the
A4unicipal Code.
9. Applicant shall implement, to the satisfaction of the De��elopment Sen�ices Director, the
mitieation measures identified in the n4itieated Neeative Declaration (IS-li-006) and
A4itigation b4onitoring and Reporting Pro�ram.
Land De�elopment Di��ision/Landscape Architecture Di��ision
10. The Applicant shall be required to pa�� Engineerine Fees based on the final approved
building plans for the project.
• Se.ver Connection and Capacit}� Fee
• Traffic Sianal Fee
• Public Facilities Development Impact Fees
• Vlestem Transportation Development Impact Fees
• Other Enaineering Fees as applicable per Master Fee Schedule
Resolution No. 2014-198
Paee No. 4
11. The Applicant shall be required to pay additional deposits or fees in accordance N�ith the
Cit� Subdivision Manual. and A4aster Fee Schedule with the submittal of the follo«�ine
items:
a. Gradina Plans
b. Street Impro��ement Plans
c. Construction Permit
12. Pa}�ment of the Park Acquisition and Development (PAD) fee per dwelling unit is
required prior to the issuance of the first Building Permit in accordance with CVMC
17.10.100. The current PAD fee for West Chula Vista Projects is $9,978 for Sinele
Famil}�, $7;405 for Multi-Famih�, $4,670 for Mobile Home; and $4.268 for Hotel/Motel.
The PAD fee is adjusted on an annual basis on October 1 based on the Engineer
Construction Cost [ndex. The payment of PAD fee amount in place at the time of the
recording of the Final Map is required. The PAD fee for the project at this time is
$727.01� (97@ $7;49�/unit).
13. Prior to the approval of the building permit, the Owner/Applicant shall submit duplicate
copies of all commercial; industrial or multifamily Projects in digital format, such as
(DXF) graphic file, on a CD or through e-mail based on California State Plane
Coordinate System (NAD 83, Zone 6) in accordance with the City's Guidelines for
Digital Submittal. DXF file shall include a utiliry plan showing any and all proposed
sew-er or storm drain on site.
14. All driveways shall conform to the City of Chula Vista's sight distance requirements in
accordance �i�ith Section 18.16.220 of the Municipal Code. Also. landscaping, street
furniture, or signs shall not obstruct the visibiliry of driver at the street intersections or
drivewavs.
15. The Applicant shall provide a circulation analysis demonstrating:
a. Solid �i�aste ruck movements.
b. How cars can tum around when pulling out from the carport
c. Location of visitor parking
16. Temporary improvements (such as fence, asphalt ramps, signs, etc.) located in street right
of wav, or cit}� easements �+�ill require an encroachment permit.
17. Streets or driveN�ays ti�ithin the comples shall be designated as private.
18. The Applicant shall demonstrate compliance with the Uniform Building Code, minimum
se�ver grade (2%) from the farthest unit on the site to the se���er main to the public se��er
main.
19. The Applicant shall obtain a Land Development Permit prior Io be�innin� any earthwork
activities at the site and before issuance of building permits in accordance with Municipal
Code Chapter 1�.0�. Developer shall submit Grading Plans in conformance ���ith the
Cit}�'s Subdivision Manual and the City's Development Storm Water Manual
requirements. including, but not limited to the follo��ing:
Resolution No. 2014-198
Pase No. �
a. Gradine Plans shall be prepazed b�� a re�istered Ci��il Eneineer and appro��ed b��
the Cin' Eneineer.
b. Drainaee Stud}� and Geotechnical/Soils Investigations aze required w�ith the first
submittal of Gradine Plans. The Drainaee Stud�� shall calculate the Pre-
Development and Post-De��elopment flows and shoH� hoN� do�mstream properties
and storm drain facilities are impacted. Design shall incorporate detention of
storm N�ater runoff if Post-De��elopment flows exceed Pre-Development floti�s;
anal��sis shall include flo��s from 2 ��r, 10 ��r. and �0 vr retum frequenc} storms.
c. Drainage smd�� shall also demonstrate that no propem� damaee �vill occur durin�
the 100-��ear storm event. �
d. Draina�e smd�� shall show am� offsite flo«�s.
e. All onsite drainaee facilities shall be private.
f. Anv offsite H-ork will require Leners of Permission from the propem� o«ner(s).
20. The Applicant shall pro��ide two copies of the follo��ing technical reports «-ith the first
submittal of grading plans:
1. Drainaee studv
2. V�'ater Qualit}� Technical Report
3. Geotechnical Repon
21. The Applicant shall compl}� with the following regulations for retaining ��-alls prior to the
appro��al of a erading permit.
a. All retainine walls shall be noted on the grading plans and include a detailed ���all
profile.
b. Structural ���all calculations aze required if ���alls aze not built per San Die�o
Reeional Standard Dra�vines, or Cin- of Chula Vista Construction Standards
CVCS-30 thru 40, and if fences are to be placed on top of retainine ���alls.
c. Retainine �valls that �vill be part of a building �i�all must be approved as part of the
building permit for the project.
d. Retainine �i�alls around trash bin (if an��) shall be noted on the erading plans and
called out per standard. �
e. Detail hoti� retainine ���all drains tie into the draina�e svstem.
22. Prior to issuance of the arading permit for the project, a complete and accurate Notice-of-
Intent (I�'01) must be filed Hith the State Water Resources Control Boazd (SWRCB). A
cop�� of the acl:no���ledeement from the Sl�'ItCB that a NOI has been received for this
project shall be filed �vith the Cit�� of Chula \'ista «�hen recei��ed. Further, a cop�� of the
completed I�'OI from the S�l'RCB sho�i�ing the Permit I�'umber for this project shall be
filed ���ith the Citv of Chula Vista ���hen received.
2�. Pursuant to the NPDES A9unicipal Permit. Order No. R9-2013-0001, ne�� regulations will
come into effect on Ma�� 201�, which ma�� impose additional requirements on
de��elopment projects that ha��e not begun construction at that time.
Resolution No. 2014-198
Pa�e No. 6
24. Permanent storm water requirements; including site design, source control, treatment
control, and hvdro-modification control Best Management Practices (BMP's). all as
show�n in the approved V�'ater Qualit�� Technical Report (WQTR), shal] be incorporated
into the project design, and shall be shown on the plans. Pro��ide sizing calculations and
specifications for each BMP's. Any structural and non-structural BMP requirements that
cannot be sho�ro graphicall��must be either noted or stapled on the plans.
2�. The Applicant shal] submit Improvement Plans in conformance with the Cit��'s
Subdivision Manual and a Construction Permit will be required prior to issuance of any
Building Permits. The Impro��ement Plans shall include but not be limited to:
❑ Removal and replacement of any broken or damaged curb, gutter, and sidewalk
per SDRSD G-2, and G-7 along the projecfs frontage to the satisfaction of the
City Engineer. Side���alk shall be designed and constructed with proper
transitions to e�:isting conditions.
❑ Additional asphalt paving for the replacement of the existing curb, gutter and
side��alk.
26. The Applicant shall install sewer lateral and storm drain connections to existine public
utilities. The Public Works Operations Section will need to inspect any existing sewer
laterals and connections that are to be used by the new development. Laterals and
connections may need replacement as a result of this inspection.
27. The onsite sewer and storm drain system shall be private. All sewer laterals and storm
drains shall be privately maintained from each building unit to the City-maintained public
facilities.
28. All proposed sidewalks; walk���ays, pedestrian ramps, and disabled parking shall be
designed to meet the Cit}� of Chula Vista Design Standards, ADA Standards, and Title 24
standards, as applicable. Driveway "A" shall include pedestrian ramps on all legs.
29. Any private facilities ��ithin Public rights-of-�vay or City easements will require an
Encroachment Permit prior to Improvement Plan or Building Permit approval.
30. Per Cih� of Chula Vista Standard Drawing CVD-ST02, Main Street is classified as a 4
lane major with a half-width right-of-w�ay of 52 feet. The Applicant shall be required to
dedicate the necessary right-of-w�ay to meet the 52 feet width from centerline to property
line along Main Street prior to obtaining a Construction Permit for the Street
Improvements or a Building Permit for the site. The Applicant shall submit street
dedication documents prepazed by a Registered Civil Engineer or licensed Land
Survevor.
31. Prior to beginning any earthw�ork activities at the site and before issuance of buildine
permits, the Applicant shall submit evidence supporting access on neighboring properties.
The Applicant shall also obtain a quitclaim of the easement for underlinine parking areas.
Resolution No. 2014-198
Pa�e No. 7
32. Prior to appro��al of a buildine permit, the Applicant shall submit a construction
landscape plan for the re��ieN� and appro��al b}� the Cit��'s Landscape Architect.
Fire Department
33. Prior ro appro��al of a building permit. a fire senice stud� shall be performed that
includes a h�draulic H�ater flo�� anal��sis. This analvsis shall show the acmal flow and
pressure for all h��drants and riser smbs. The Hazen Williams formula shall be used in the
determination of these flo���s and pressures. The analvsis shall sho��� that the required fire
flo«� is availabie at the hvdrants and that independently the sprinl;ler demand is a��ailable
at the most demandine spriril:ler riser.
34. Prior to approval of a building permit. the Applicant shall pro��ide the �t�ater suppl�� data
required to accompam� an underground submittal. The Applicant shall provide a water
flow letter from the applicable ���ater agency having jurisdiction indicating fire flow is
available to sen=e this project. The w�ater floH� requirements shall be based upon the
currentiv adopted Califomia Fire Code. The date of the ���ater flo��� test shall be no older
than six months from the time of the plan submittal. No reductions in fire flo��� N�ill be
eranted for buildings protected throuehout bv an approved automatic fire spriril:ler
s��stem.
3�. �'here a portion of the buildina is more than 400 feet from a h��drant on a fire apparatus
access road, as measured b}� an approved route around the exterior of the building, on site
fire hydrants and mains shall be pro��ided. Prior to occupanc��, the Project �i�ill require on-
site h}�drants. In addition, the fire h��drant sen�ice ���ill need n;�o points of connection due
to the number of required fire h��drants.
36. Fire H��drants shall be spaced in accordance �vith CA Fire Code. Appendix C.
37. Fire appararus access roads shall be marked as Fire Lanes in accordance ���ith CVFD
standards. ,
38. Fire apparatus access road obstruction: Automatic �ates shall be provided �rith both an
Opticom Detection S��stem and a Knox Ke�� S���itch o��emde. Pro��isions shall be taken to
operare the eate upon the loss of po���er.
39. Buildinas shall be provided «�ith a ICnox \'ault at e��er}� Fire Control Room.
40. The buildings shall be addressed in accordance w ith the follo���ing criteria:
• 0-�0 fr. from the buildine to the face of the curb = 6-inches in heieht with a 1-inch
stroke
• �1-1�0 fr. from the buildins to the face of the curb = 10-inches in heieht with a 1 %-
inch stroke
• 1�1 ft. from the buildine to the face of the curb = 16-inches in heiaht ��•ith a 2-inch
stroke
Resolution No. 2014-198
Pa�e No. 8
41. Grades for an}� access roadti�a}� shall be restricted to the following:
• Asphalt < 11%
• Concrete = > 11%
42. Prior to occupancy; an automatic fire sprinkler and fire alarm system will be required to
be installed per the Fire Departments regulations.
Public Worl:s, En��ironmental Division
43. Prior to the approval of a 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 �+�ill take to comp]y ��ith Municipal Code, including but not limited to
Section 8.24. 8?5. and 19.�8.340 and meet the State mandate to reduce or divert at least
50% of the waste generated b}� the residential developments. The applicant shall contract
with the Cit}-`s franchise hauler throughout the construction and occupancy phase of the
project. The '`Rec}�clina and Solid Waste Management Plan" features shall be identified
on the building plans.
44. Prior to the appro��al of a building permit, the Applicant shall submit the required
performance deposit fee.
II. The following on-going conditions shall apply to the Prqject Site as lon� 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 shal] install all landscaping and hardscape improvements in
accordance �vith the approved landscape plan.
3. Approval of the Desien Review Permit shall not waive compliance with any sections
-of Title 19 of the Municipal Code, nor any other applicable laws and regulations in
effect at the time of buildine permit issuance.
4. The Property O�+�ner and Applicant shall and do agree to indemnify. protect, defend
and hold harmless Cit��, its City Council members, officers, employees and
representatives, from and against any and all liabilities, losses, damages, demands,
claims and costs, including court costs and attorney's fees (collectively, liabilities)
incurred by the City arising, directly or indirectly, from (a) City�s approval and
issuance of this Design Review Permit and (b) Citys approval or issuance of any
other permit or action, whether discretionary or non-discretionary, in connection �vith
the use contemplated on the Project Site. The Property Owner and Applicant shall
acknoN-ledae their agreement to this pro��ision by executing a copy of this Design
Review Permit where indicated below. The Property Owner's and Applicant's
compliance with this pro��ision shall be binding on any and all of the Property
Owner's and Applicant's successors and assigns.
Resolution No. 2014-198
Paee No. 9
�. This Desien Re��ie�� Permit shall become ��oid and ineffective if not utilized �vithin
three vears from the effective date thereof. in accordance tiith Section 19.14.260 of
the Municipal Code. Failure to compl}� with an�� conditions of appro��al shall cause
this permit to be re��ie���ed b�� the Cit�� for additional conditions or re��ocation.
III. EaECUTION OF RESOLUTION OF APPROVAL
The Propem O��rer and Applicant shall execute this document signins on the lines
pro��ided belo���, indicatine that the Propert�� Otimer and Applicant ha�-e each read,
understood and agreed to the conditions contained herein, and �vill implement same. Upon
execution, t � ocument shall be signed and retumed to the Citv`s Development Sen�ices
Depart nt.
— �� � Z-� , 1�
es V. Pie �. Propem ti�ner Date
l/, Z.�,t, !y�
James \'. Pieri. .4pplicant Date
IV. GOVERi1rn4ENT CODE SECTION 66020(d)(1), NOTICE
Pursuant to Govemmem Code Section 66020(d)(1), NOTICE 1S HEREBY GIVEN that
the 90 da� period to protest the imposition of any impact fee, dedication, reservation; or
other esaction described in this resolution beeins on the effective date of this resolution
and an�� such protest must be in a manner that complies with Section 66020(a) and failure
to follo��� timelv this procedure will bar an} subsequent legal action to attack, revie��; set
aside. void or annul imposition. The ri�ht to protest the fees. dedications. resen�ations, or
other e�actions does not appl�� to planning. zonina. eradine. or other similaz application
processing fees or sen�ice fees in connection �vith this Project; and it does not apph� to
am� fees. dedication. resen�ations. or other exactions �+•hich have been ei��en notice
similar to this. nor does it re��i��e challenees to anv fees for ���hich the statute of
limitations has pre��iouslv e�pired.
V. CONSEQUENCE OF FAILURE OF CONDITIONS
If am of the foresoin� conditions fail to occur, or if thev are, b�� their terms. to be
implemented and maintained o��er time, if an�� of such conditions fail to be so implemented
and maintained accordine to their terms. the Cit�� shall ha��e the rieht to revoke or modifv
all appro��als herein eranted; den��, or further condition issuance of all fumre building
permits. den�•; revoke, or further condition all certificates of occupar�c}� issued under the
authority of approvals herein eranted, instirute and prosecute litigation to compel their
compliance ��ith said conditions or seek dama=es for their violation. Failure to satisf�� the
conditions of this permit ma�� also result in the imposi[ion of civil or criminal penalties.
Resolution No. 2014-198
Paee No. ]0
VL IN�'AL[DITY; AUTOMATIC REVOCATION
It is the intention of the Citv 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, provisions or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit
shall be deemed to be automatically revoked and of no further force and effect.
Presented by Approved as to form by
Kel y G r ughton; FASLA Glen R. Googins
Dire or o Development Services ity At orney
Resolution I�'o. 2014-198
Pa�e No. 11
PASSED. APPROVED. and ADOPTED bv the Cin� Council of the Ciro of Chula \jista_
California. this 28th da�' of October 2014 b��the follo���ine vote:
A1'ES: Councilmembers: A�uilaz. Bensoussan. Ramirez. Salas and Co�
NAI'S: Councilmembers: 1�'one
ABSEt�'T: Councilmembers: None
�
Chen�l Cos. [avor
ATTEST:
/ /
Donna R. Norris. 4 . Citv Clerk
STATE OF CALIFORI`'IA )
COLTNTI' OF SAN DIEGO )
CITY OF CHULA VISTA )
I. Donna R. Noms. Cit�� Clerk of Chula Vista. California. do hereb�� certifi- that the foreeoine
Resolution No. 2014-198 was dul�� passed; appro��ed, and adopted b}� the Cit�� Council at a
reeular meetina of the Chula Vista Cit�� Council held on the 28th da�� of October 2014.
E�ecuted this 28th da�• of October 201�.
Donna R. Norris. MC. Cit�� Clerk